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HomeMy WebLinkAboutIR 7852 INFORMAL REPORT TO CITY COUNCIL MEMBERS NO. 7852 cH 'reREa July 26, 1994 To the Mayor and Members of the City Council Page 1 of 2 us� z rex Subject: SETTLEMENT WITH USEPA FOR CLASS II ADMINISTRATIVE PENALTY rer� The City of Fort Worth Water Department is responsible for development and implementation of an industrial Pretreatment Program as part of its U. S. Environmental Protection Agency (USEPA) National Pollutant Discharge Elimination System (NPDES) permit. On August 20, 1993, the City received notice of a proposed assessment of a Class II Civil Penalty for failure to properly implement and administer its Industrial Waste Pretreatment Program (see Attachment No. 1) . A request for the opportunity to request a hearing was submitted to EPA on September 1, 1994 (see Attachment No. 2) . The following six specific violations were listed: 1. The Permittee's filing system is such that ensuring proper characterization is not always possible. 2. The Permittee failed to inspect and sample each Significant Industrial User at least once per year. 3. The Permittee failed to escalate enforcement against noncompliant X01 Industrial users. 4. The Permittee failed to issue all control mechanisms as required by Administrative Order Docket VI-92-0927. 5. Permits issued to Industrial users are not clear as to which limits apply at a sampling location. 6. The Permittee failed to review and act upon self-monitoring data submittal by Industrial Users. EPA stated the alleged violation occurred between August, 1989 and February, 1993 . The assessment was set at $125, 000.00. On August 25, Mike Groomer, Richard Sawey and Robert McMillon met with representatives of EPA and discussed the assessment. After considerable discussion, EPA agreed to reduce the assessment to $93,500.00. During the meeting, staff was informed of an EPA policy on the use of Supplemental Enforcement Projects (SEP) in EPA settlements. The policy allows implementation of an approved SEP to offset an portion of the assessment. Staff determined that the City should apply for a SEP and began working with EPA staff on a project. After several meetings and submissions of materials over the past several months, it appears a project acceptable to both parties has been completed. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7852 TE July 26, 1994 To the Mayor and Members of the City Council Page 2 of 2 0 ryas Subject: SETTLEMENT WITH USEPA FOR CLASS II ADMINISTRATIVE PENALTY 1873 EPA has informed staff they will accept our SEP and will reduce our assessment to $40,000.00. Upon receipt of the assessment, the Water Department immediately began to take steps to correct the alleged violations . The staff was reorganized and a new supervisor was hired. Two additional Industrial Waste Specialists were hired to supplement the current staff. The clerical and sampling sections were completely replaced and a Quality Control Specialist was hired to insure all sampling and laboratory analyses followed strict EPA guidelines. Computers for each Specialist were purchased and additional automatic sampling machines were purchased. It appears the diligent work effort has paid dividends. EPA returned to the section in June and again in July to conduct an inspection of the Pretreatment Program (see Attachment No. 3) . Based on the report, the Pretreatment Program has been greatly improved and the deficiencies have been corrected. Bob Terrell City Manager BT:l ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS ATTACHMENT 1 tEO Sr4j,� UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 T 1445 ROSS AVENUE,SUITE 1200 0 DALLAS, TX 75202-2733 110 - AUG C r AUG 18 1993 ^r� `4`v REPLY TO: 6W-ET CERTIFIED MAIL: RETURN RECEIPT REQUESTED (P 104 195 428) Mr. Mike Groomer Assistant City Manager City of Fort Worth P.O. Box 870 Fort Worth, Texas 76101 Re: Notice of Proposed Assessment of a Class II Civil Penalty Docket No. VI-93-1643 NPDES Permit No. TX0047295 Dear Mr. Groomer: Enclosed is a document entitled "Administrative Complaint, Findings of Violation, Notice of Proposed Assessment of a Civil Penalty, and Notice of .Opportunity to Request a Hearing Thereon" (hereinafter the "Complaint") . We have filed this Complaint against the city of Fort Worth under the authority of Section 309 (g) of the Clean Water Act (hereinafter the "Act") , 33 U.S.C. S 1319(g) . In the Complaint, the U.S. Environmental Protection Agency (EPA) alleges that- the city of Fort Worth has violated - various provisions of the Clean Water Act, its implementing regulations, and the terms of the NPDES permit issued under the authority of the Act. The violations the EPA is alleging are specifically set out in Section II of the Complaint. By law, you have a right to request a hearing regarding the violations alleged in the Complaint and the proposed administrative civil penalty. Please pay particular attention to the Complaint Section IV entitled "Notice of Opportunity to Request a Hearing." Note that should you fail to request a hearing within twenty (20) days of your receipt of the Complaint, you will waive your right to such a hearing and, the proposed civil penalty may be assessed against you without further proceedings. You have the right to be represented by an attorney or to represent yourself at any stage of these proceedings. OFFIC RECORD ,A��R �:��.� �rio CITU ALCEIVED BY'-- DATE:! 3SEC�ETARY . WORTH, Ta. FILE:- COPY ILENCOPY TO:- Printed on Recycled Pacer -2- Whether or not you request a hearing, we invite you to confer informally with the EPA concerning the alleged violations and the amount of the proposed penalty. You may represent yourself or be represented by an attorney at any conference, whether in person or by telephone. The EPA encourages all parties against whom it files a Complaint proposing assessment of a penalty to pursue the possibility of settlement as a result of an informal conference. If such a mutually satisfactory settlement can be reached, it will be formalized by the issuance of a Consent Agreement signed by you and by the Regional Administrator of EPA Region 6. The issuance of such a Consent Agreement shall constitute a waiver by you of your right to a hearing on, and to a Judicial appeal of, the agreed civil penalty. Enclosed for your convenience are two (2) copies of the "Consent Agreement and Order Assessing Administrative Penalties". A request for an informal conference does not extend the twenty (20) days by which you must request or waive a hearing on the proposed penalty assessment; the two procedures can be pursued simultaneously. If you have any questions, or wish to discuss the possibility of a settlement of this matter, please contact Ms. Astrid Larsen, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, or telephone (214) 655-6454. We urge your prompt attention to this matter. Sincerely yours, Myron O. Knudson, P. E. Director Water Management Division (6W) Enclosures cc: Mr. Rick Ruddell Section Chief, Enforcement Watershed Management Division Texas Water Commission rI FFICIAL RECORD ITY SECRETARY T. WORTH, ra UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 IN THE MATTER OF § DOCKET NO. VI-93-1643 § THE CITY OF FORT WORTH § INDUSTRIAL PRETREATMENT PROGRAM § 4500 WILMA LANE § ARLINGTON, TEXAS 76012 § Proposal to Assess a § Class II Administrative NPDES PERMIT NO. TX0047295 § Penalty Under CWA § 309 (g) ADMINISTRATIVE COMPLAINT, FINDINGS OF VIOLATION, NOTICE OF PROPOSED ASSESSMENT OF A CIVIL PENALTY, AND NOTICE OF OPPORTUNITY TO REQUEST A HEARING THEREON I. Statutory Authority The following Findings are made and Notices given under the authority vested in the Administrator of the U.S. Environmental Protection Agency (EPA) by Section 309(g) of the Clean Water Act (hereinafter the "Act") , 33 U.S.C. § 1319(g) . The Administrator has delegated these authorities to the Regional Administrator of EPA Region 6 who redelegated these authorities to the Director of the Water Management Division of EPA Region 6, who hereby issues this Complaint and Notice. II. Findings of Violation 1. The city of Fort Worth (hereinafter the "Respondent") , a person within the meaning of Section 502 (5) of the Act, 33 U.S.C. § 1362 (5) , owns or operates a facility located at. 4500 Wilma Lane, Arlington, Texas, which discharges pollutants to Segment No. 0841 of the Trinity River Basin, a navigable water of the United States within the meaning of Section 502 of the Act, 33 U.S.C. § 1362. Respondent is, therefore, subject to the provisions of the Act, 33 U.S.C. § 1251 It secr. OFFICK RECORD CITY SECRETARY FT. WORTH, TOL Docket No. VI-93-1643 Page 2 2. The Respondent has violated Section 301(a) of the Act, 33 U.S.C. § 1311(a) , by violating condition Part II.A. of NPDES Permit No. TX0047295, which condition implements Sections 301(b) (2) and 307(c) of the Act, 33 U.S.C. § 1311(b) (2) and 1317 (c) and which permit has been issued to the Respondent pursuant to Section 402 of the Act, 33 U.S.C. § 1342, by failing to implement its pretreatment program in accordance with requirements of 40 CFR 403, the program submitted to and approved by EPA, and Part II.A. of the permit between August 1989 and February 1993. Specific violations include the following: 1. The Permittee's filing system is such that ensuring proper characterization is not always possible. 2 . The Permittee failed to inspect and -sample each Significant -Industrial User at- least once per year. 3 . The Permittee failed to escalate enforcement against noncompliant Industrial Users. 4 . The Permittee failed to issue all control mechanisms as required by Administrative Order Docket No. VI-92-0927. 5. Permits issued to Industrial Users are not clear as to which limits apply at a sampling location. 6. The Permitee failed to review and act upon self-monitoring data submitted by the Industrial User. OFFICIAL RECORD CITY SECRETARY FT. WORTH, Ta Docket No. VI-93-1643 Page 3 3. EPA has consulted with the State of Texas regarding this proposed action by mailing a copy of this document to the appropriate State official and offering an opportunity for the State to consult with the EPA on this proposed penalty assessment. III. Notice of Proposed Order Assessing A Civil Penalty Based on the foregoing Findings of Violation and pursuant to the authority of Section 309(g) of the Act, 33 U.S.C. § 1319(g) , EPA Region 6 hereby proposes to issue a Final Order Assessing Administrative Penalties to the Respondent assessing a penalty of $125,000, which constitutes less than $10,000 per violation cited above. The proposed penalty amount was determined by the EPA after taking into account the nature, circumstances, extent and gravity of the violation or violations, the Respondent's prior compliance history, degree of culpability for the cited violations, any economic benefit and savings accruing to Respondent by virtue of the violations, and the Respondent's ability to pay the proposed penalty. All factors are identified at Section 309 (g) (3) of the Act, 33 U.S.C. § 1319 (g) (3) . The Final Order Assessing Administrative Penalties may be issued twenty (20) days after Respondent's receipt of this Notice unless the Respondent, within that time, requests a hearing on this Notice pursuant to the following section. 7�WORTHJEX. 0MCITFT. Docket No. VI-93-1643 Page 4 IV. Notice of Ogvortunity to Request a Hearing 1. Respondent may, pursuant to Section 309(g) , of the Act, 33 U.S.C. § 1319(g) , request within twenty (20) days of receipt of this Notice, a hearing on the civil penalty assessment proposed herein. At the hearing the Respondent may contest any material fact contained in the Findings of Violation at Section II above and the appropriateness of the proposed penalty described in Section III above. The procedures for the hearing, if one is requested, are set out in the 40 CSF Part 22, "Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation or Suspension of Permits", and amendments to the 40 -$ Part 22.38, copies of which are attached hereto for your convenience. 2. Respondent must send any request for a hearing to: Regional Hearing Clerk (6C-G) U.S. EPA Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 3. Be aware that should you request a hearing on this proposed penalty assessment, members of the public, to whom EPA is obligated to give notice of this proposed action, will have a right under Section 309(g) (4) (B) of the Act, 33 U.S.C. § 1319(g) (4) (B) , to be heard and to present evidence on the appropriateness of the penalty assessment. Should you not OFFICIAL RECORD CITY SECRETARY FT. WORTH, M. Docket No. VI-93-1643 Page 5 request a hearing, EPA will issue a Final Order Assessing Administrative Penalties and only members of the public who commented on this proposal will have an additional thirty (30) days to petition EPA to set aside the Final Order Assessing Administrative Penalties and to hold a hearing thereon. Such a petition will only be granted and the hearing held if the petitioner's evidence is material and was not considered by EPA in the issuance of the Final Order Assessing Administrative Penalties. 4 . Neither assessment nor payment of the administrative civil penalty pursuant to this section of the Act shall affect your continuing obligation to comply with the Act, with every term and condition of your NPDES permit, and° with any separate Compliance Order issued under Section 309 (a) of the Act, 33 U.S.C. § 1319 (a) , ordering cessation of the violations alleged herein. AUG 18 1993 Date: Myron O. Knuds , P.E. Director Water Management Division (6W) U.S. Environmental Protection Agency Region .6 1445 Ross Avenue Dallas, Texas 75202-2733 OFFICIAL RECORD CITY SECRETARY a. WORTH, TEX. ATTACHMENT 2 'CITY OF FORT WORTH, TEXAS AM - OFFICE OF THE CITY MANAGER 1000 THROCKMORTON STREET FORT WORTH,TEXAS 76102 (817)871-6111 September 1 , 1993 Regional Hearing Clerk (6C—G) U.S .E.P.A. Region VI 1445 Ross Avenue , Suite 1200 Dallas , TX 75202-2733 RE: NOTICE OF PROPOSED ASSESSMENT OF A CLASS II CIVIL PENALTY DOCKET NO. VI-93-1643 NPDES PERMIT NO. TX0047295 Dear Sir : Pursuant to Section 309(g) of the Clean Water Act , the City of Fort Worth requests a hearing regarding the violations alleged in a complaint we received under the subject document . S ' cere y Mi e m Assistant City Manager City of Fort Worth cc: Richard W . Sawey, Director/Water V-1obert T. McMillon; Assistant Director/Nater PollUt*1?n Contro Jj �3/�r/�.r/era/osae�rt OFFICIAL RECORD CRY.SECRETARY T. WORTH, TEC �i Printed on Recycled Paper ATTACHMENT 3 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION o X445 ROSS AVENUE.SUITE 4200 DALLAS.TEXAS 75202-2733 TO: NPDES Permit Representative RE: NPDES No. -7-)e /7Z7-5- , Facility: ove '� yvor t An NPDES Permit Compliance Inspection of your Industrial Wastewater Pretreatment Program was conducted by EPA on e,7 /7� The implementation of the pretreatment program was observed to be generally satisfactory. No major problems or deficiencies were noted. The following major deficiencies were noted. D Avr r7�-- 1. Program Staffing 1/ee) 67ovq/ 2. Personnel Training o oc� 3. Operating Budget 4. Local Limits T�� •cwt //�, 4.,2 s-va-c. C 11-c>d 5. Control Mechanism 6. Significant Users 7. Categorical Processes /� /h�4S-+:��Q � users Aja ve ��er, ��%i�y• 8. Inspections J /LIGeG� More /7Q��4 T�'y� Or7 /l/`t7iC4 x v -w-r-OC- Tyr -r- 9. Sampling source s , EXcrt 'Z s4o /• ��cm�c-fr csnc/ cLia.;,.o�cus�oc�/y, eooe./ 10. Analyses �� A99r-ess.v1 11. Enforcement �u•��ous o-% -/�aNr �a 6�� �ss�.e�,� 7l�c G. �� Z� lux- as 12. Cai^pliance 5chedul s -5--4 t/2s 13. Mul ti juri sdi cti ons FV. -rSld,L cusf_ a.r, er c.%vj s44i 14. Other /*I'o, i-an, C /.r< 44, Explanation: 7-moi . /f 9 ci a e-/"d 5i jr�i "c4r►� /� i'ovP.s-�Pn�� We/ ®�' 4�7i Z Gan l.QJ OCLI m �' p /»u s r-o�ecJr Sst.�-�� wiz 1 S r'�CZ.�i Z.czc✓ �.,Q/ A� Any riaj� deficiencies are expected to beocorrected at your earls t convenience. If you have any questions regarding this inspection, you may cont: tiff #CRUARY the above address or call me at 655-6486. TEX. Environmental ervices Division