CM-2019-0273 - 9/6/2019THE STATE OF TEXAS
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY COUNTY OF TRAVIS
I HEREBY CERTIFY THAT THIS ISA TRUE AND CORRECT COPY
E OOF A FF DOCUPENTWHIOCHSISSION FyEDIN�THEPEIRONMENTAL OUALrry
RMANFNTRECOROS
co MAY 14 2020
OF THE COMMISSION GIVEN UNDER MY HAND AND THE
SEAL OF OFFICE ON
IN THE MATTER OF AN § BEFORE THE ERID E gw+c�IEFK
TEXAS COMhnSSIUM ON ENVIRONMENTAL QUALRY
ENFORCEMENT ACTION §
CONCERNING § TEXAS COMMISSION ON
CITY OF ROUND ROCK §
RNio2912565 § ENVIRONMENTAL QUALITY
AGREED ORDER
DOCKET NO. 2019-i082-WQ-E
On MAY. o 6 no —,the Texas Commission on Environmental Quality ("the
Commission or TCEQ) considered this agreement of the parties, resolving an enforcement
action regarding the City of Round Rock (the "Respondent") under the authority of TEx. WATER
CODE chs. 7 and 26. The Executive Director of the TCEQ, through the Enforcement Division,
and the Respondent presented this Order to the Commission.
The Respondent understands that it has certain procedural rights at certain points in the
enforcement process, including the right to formal notice of violations, ry
notice of an evidentia
hearing, the right to an evidentiary hearing, and a right to appeal. By entering into this Order,
the Respondent agrees to waive all notice and procedural rights.
It is further understood and agreed that this Order represents the complete and fully -integrated
agreement of the parties. The provisions of this Order are deemed severable and, if a court of
competent jurisdiction or other appropriate authority deems any provision of this Order
unenforceable, the remaining provisions shall be valid and enforceable. The duties and
responsibilities imposed by this Order are binding upon the Respondent.
The Commission makes the following Findings of Fact and Conclusions of Law:
I. FINDINGS OF FACT
1. The Respondent owns and operates a wastewater collection system with an associated
wastewater line located at 2118 Agarita Trail in Round Rock, Williamson County, Texas
(,the "Facility'). The Facility is near or adjacent to water in the state as defined in TEx.
WATER CODE § 26.001(5).
2. During an investigation conducted on March 8, 2019, an investigator documented that a
bypass pump failed at a manhole located at 2118 Agarita Trail, resulting in the discharge
of approximately 33,000 gallons of wastewater into Chandler Creels, killing
approximately 524 fish.
3• The Executive Director recognizes that the Respondent has implemented the following
corrective measures at the Facility:
a. On March 8, 20i9, repaired the bypass pump and ceased the discharge.
City of Round Rock
DOCKET NO.2o19-1o82-WQ-E
Page 2
b. By March 11, 2o19, removed the debris, disinfected the affected area, and
collected and properly disposed of the dead fish.
II. CONCLUSIONS OF LAW
1. As evidenced by Finding of Fact No. 1, the Respondent is subject to the jurisdiction of the
TCEQ pursuant to TEX. WATER CODE ch. 26 and the rules of the TCEQ.
2. As evidenced by Finding of Fact No.2, the Respondent failed to prevent the discharge of
wastewater into or adjacent to any water in the state, in violation of TEX. WATER CODE
§ 26.121(a)(1).
3. Pursuant to TEX. WATER CODE § 7.051, the TCEQ has the authority to assess an
administrative penalty against the Respondent for violations of state statutes within the
TCEQ's jurisdiction, for violations of rules adopted under such statutes, or for violations
of orders or permits issued under such statutes.
4. An administrative penalty in the amount of $5,625 is justified by the facts recited in this
Order, and considered in light of the factors set forth in TEX. WATER CODE § 7.053. The
Respondent paid the $5,625 penalty.
III. ORDERING PROVISIONS
NOW, THEREFORE, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ORDERS
that:
The Respondent is assessed a penalty as set forth in Conclusion of Law No. 4 for
violations of state statutes and rules of the TCEQ. The payment of this penalty and the
Respondent's compliance with all the requirements set forth in this Order resolve only
the matters set forth by this Order in this action. The Commission shall not be
constrained in any manner from requiring corrective actions or penalties for violations
that are not raised here. Penalty payments shall be made payable to "TCEQ" and shall be
sent with the notation "Re: City of Round Rock, Docket No. 2o19-1o82-WQ-E" to:
Financial Administration Division, Revenue Operations Section
Attention: Cashier's Office, MC 214
Texas Commission on Environmental Quality
P.O. Box 13o88
Austin, Texas 78711-3o88
2. All relief not expressly granted in this Order is denied.
3. The duties and provisions imposed by this Order shall apply to and be binding upon the
Respondent. The Respondent is ordered to give notice of this Order to personnel who
maintain day-to-day control over the Facility operations referenced in this Order.
City of Round Rock
DOCKET NO. 20i9-io82-WQ-E
Page 3
4. The Executive Director may grant an extension of any deadline in this Order or in any
plan, report, or other document submitted pursuant to this Order, upon a written and
substantiated showing of good cause. All requests for extensions by the Respondent
shall be made in writing to the Executive Director. Extensions are not effective until the
Respondent receives written approval from the Executive Director. The determination
of what constitutes good cause rests solely with the Executive Director.
5. The Executive Director may, without further notice or hearing, refer this matter to the
Office of the Attorney General of the State of Texas ("OAG") for further enforcement
proceedings if the Executive Director determines that the Respondent has not complied
with one or more of the terms in this Order.
6. This Order shall terminate five years from its effective date or upon compliance with all
the terms and conditions set forth in this Order, whichever is later.
7. This Order, issued by the Commission, shall not be admissible against the Respondent in
a civil proceeding, unless the proceeding is brought by the OAG to: (1) enforce the terms
of this Order; or (2) pursue violations of a statute within the Commission's jurisdiction,
or of a rule adopted or an order or permit issued by the Commission under such a
statute.
8. This Order may be executed in separate and multiple counterparts, which together shall
constitute a single instrument. Any page of this Order may be copied, scanned, digitized,
converted to electronic portable document format ("pdf'), or otherwise reproduced and
may be transmitted by digital or electronic transmission, including but not limited to
facsimile transmission and electronic mail. Any signature affixed to this Order shall
constitute an original signature for all purposes and may be used, filed, substituted, or
issued for any purpose for which an original signature could be used. The term
"signature" shall include manual signatures and true and accurate reproductions of
manual signatures created, executed, endorsed, adopted, or authorized by the person or
persons to whom the signatures are attributable. Signatures may be copied or
reproduced digitally, electronically, by photocopying, engraving, imprinting,
lithographing, electronic mail, facsimile transmission, stamping, or any other means or
process which the Executive Director deems acceptable. In this paragraph exclusively,
the terms: electronic transmission, owner, person, writing, and written, shall have the
meanings assigned to them under TEx. Bus. ORG. CODE § 1.002.
9. The effective date of this Order is the date it is signed by the Commission. A copy of this
fully executed Order shall be provided to each of the parties.
City of Round Rocic
DOCKET NO. 2oi9-io82-WQ-E
Page 4
SIGNATUREPAGE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
For Commission
or the Exe tive Director
Date
Date
9.Q3'1�v
I, the undersigned, have read and understand the attached Order. I am authorized to agree to
the attached Order, and I do agree to the terms and conditions specified 'therein. I further
acknowledge that the TCEQ, in accepting payment for the penalty amount, is materially relying
on such representation.
I also understand that failure to comply with the Ordering Provisions, if any, in this Order
and/or failure to timely pay the penalty amount, may result in:
A negative impact on compliance history;
lsreaier SCri.ily ul any per�iiit apptia,auviiS submitted;
Referral of this case to the Attorney General's Office for contempt, injunctive relief,
additional penalties, and/or attorney fees, or to a collection agency;
Increased penalties in any future enforcement actions;
Automatic referral to the Attorney General's Office of any future enforcement actions; and
TCEQ seeking other relief as authorized bylaw.
In addition, any falsification of any compliance documents may result in criminal prosecution.
Sigitture Date
L1,
Name (Printed or typed) Title
Authorized Representative of
City of Round bock
0 If mailing address has changed, please check this box and provide the new address below:
tnstruetions: Send the original, signed Oi-der ivitli penalty payment to the Financial Administration Division,
Revenue Operations Section at the address in Ordering Provision i of this Order.
Toby Baker, Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
August 26, 2019
The Honorable Craig Morgan
Mayor of Round Rock
221 East Main Street
Round Rock, Texas 78664
Re: Proposed Agreed Order
City of Round Rock; RN102912565
Docket No. 20ig-xo82-WQ-E; Enforcement Case No. 58030
FOR SETTLEMENT PURPOSES ONLY
Dear Mayor Morgan:
The Executive Director of the Texas Commission on Environmental Quality ("Commission" or
"TCEQ") is pursuing an enforcement action against the City of Round Rock for violations of the
Texas Water Code and Commission Rules. These violations were discovered during an
investigation conducted on March 8, 201g, and documented in a letter dated May 8, 2019, from
the TCEQ Austin Regional Office.
Please find enclosed a proposed agreed order which we have prepared in an attempt to expedite
this enforcement action. The order assesses an administrative penalty of $5,625 and identifies
the violations that we are addressing.
If you have any questions regarding this matter, we are available to discuss them in a conference
in Austin or over the telephone. If we reach agreement in a timely manner, the TCEQ will then
proceed with the remaining procedural steps to settle this matter. These steps include
publishing notice of the proposed order in the Texas Register, and scheduling the matter for
approval by the Commission. We believe that handling this matter expeditiously could save the
City of Round Rock and the TCEQ a significant amount of time, as well as the expense
associated with litigation.
Enclosed for your convenience is a return envelope. If you agree with the order as proposed,
please sign and return the original order and the penalty payment (check payable to "TCEQ"
and referencing the City of Round Rock, Docket No. 2019-1082-WQ-E) to:
64- 2aq-a 273
P.O. Box 13087 - Austin, Texas 78711-3087 - 512-239.1000 - iceq.texas.gov
How is our customer service? tceq.texas.gov/customersurvey
Printed on recycled paper using vegetable based ink
:;,�C I . op
Jon Niermann, Chairman
Emily Lindley, Commissioner
Toby Baker, Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
August 26, 2019
The Honorable Craig Morgan
Mayor of Round Rock
221 East Main Street
Round Rock, Texas 78664
Re: Proposed Agreed Order
City of Round Rock; RN102912565
Docket No. 20ig-xo82-WQ-E; Enforcement Case No. 58030
FOR SETTLEMENT PURPOSES ONLY
Dear Mayor Morgan:
The Executive Director of the Texas Commission on Environmental Quality ("Commission" or
"TCEQ") is pursuing an enforcement action against the City of Round Rock for violations of the
Texas Water Code and Commission Rules. These violations were discovered during an
investigation conducted on March 8, 201g, and documented in a letter dated May 8, 2019, from
the TCEQ Austin Regional Office.
Please find enclosed a proposed agreed order which we have prepared in an attempt to expedite
this enforcement action. The order assesses an administrative penalty of $5,625 and identifies
the violations that we are addressing.
If you have any questions regarding this matter, we are available to discuss them in a conference
in Austin or over the telephone. If we reach agreement in a timely manner, the TCEQ will then
proceed with the remaining procedural steps to settle this matter. These steps include
publishing notice of the proposed order in the Texas Register, and scheduling the matter for
approval by the Commission. We believe that handling this matter expeditiously could save the
City of Round Rock and the TCEQ a significant amount of time, as well as the expense
associated with litigation.
Enclosed for your convenience is a return envelope. If you agree with the order as proposed,
please sign and return the original order and the penalty payment (check payable to "TCEQ"
and referencing the City of Round Rock, Docket No. 2019-1082-WQ-E) to:
64- 2aq-a 273
P.O. Box 13087 - Austin, Texas 78711-3087 - 512-239.1000 - iceq.texas.gov
How is our customer service? tceq.texas.gov/customersurvey
Printed on recycled paper using vegetable based ink
The Honorable Craig Morgan
Page 2
August 26, 2019
Financial Administration Division, Revenue Operations Section
Attention: Cashier's Office, MC 214
Texas Commission on Environmental Quality
P.O. Box 13088
Austin, Texas 78711-3o88
Should you believe you are unable to pay the proposed administrative penalty, you may claim
financial inability to pay part or all of the penalty amount. Please contact us immediately to
obtain a list of financial disclosure documents that must be submitted within 3o days of the
receipt of this letter. These documents, once properly completed and submitted, will be
thoroughly reviewed to determine if we agree with the claim of financial inability. Please be
aware that if financial inability is proven to the satisfaction of staff, discussions pertaining to the
penalty amount adjustment will focus only on deferral and not on waiver of the penalty amount.
You may be able to perform or contribute to a Supplemental Environmental Project ("SEP"),
which is a project that benefits the environment, to offset a portion of your penalty. If you are
interested in performing an SEP, you must agree to the penalty amount and
submit an SEP proposal within 3o days of receipt of this proposed order. If you are
a local government you may have additional SEP options available to assist you with coming
into compliance or remediating the harm caused by the violations. A local government is
defined as a school district, county, municipality, junior college district, river authority, water
district or other special district or other political subdivision created under the constitution or a
statute of this state.
For additional information about the types of SEPs available and eligibility
criteria, please go to the TCEQ's web site link at htttp:f /www.tceq.texas.gov/legal /sepJ
or contact the Enforcement Coordinator listed below.
Please note that any agreements we reach are subject to final approval in accordance with
3o TEX. ADMIN. CODE § 70.10(a).
If we cannot reach a settlement of this enforcement action or you do not wish to
participate in this expedited process, we will proceed with enforcement under the
Commission's Enforcement Rules, 3o TE -x. ADMIN. CODE ch. 70. Specifically, if the
signed order and penalty are not mailed and postmarked within bo days from the
date of this letter, your case will be forwarded to the Litigation Division and this
settlement offer will no longer be available. The enforcement process described in
3o TEX. ADMIN. CODE ch. 7o requires the staff to prepare and issue an Executive Director's
Preliminary Report and Petition to the Commission. If you would like to obtain a copy of
3o TEX. ADMIN. CODE ch. 70, or any other TCEQ rules, the rules themselves and the agency
brochure entitled Obtaining TCEQ Rules (GI -032) are located on our agency website at
ht www.tce .texas. ov for your reference. If you would like a hard copy of this brochure
mailed to you, you may call and request one from the Central Office Publications Ordering Team
at (512) 239-0028.
The Honorable Craig Morgan
Page 3
August 26, 2019
For any questions or comments about this matter or to arrange a meeting, please contact Mr.
Had Darling of my staff at (512) 239-2520.
er�ly, �
L' rie Eaves, Manager
forcement Division
Texas Commission on Environmental Quality
LE/hd
Enclosures: Proposed Agreed Order, Return Envelope, Penalty Calculation Worksheet, Site
Compliance History
cc: Mr. Michael Thane, P.E., Utility and Environmental Services Director, City of Round
Rock, 221 East Main Street, Round Rock, Texas 78664
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
y E _0Z
w ti"
Y
IN THE MATTER OF AN § BEFORE THE
ENFORCEMENT ACTION §
CONCERNING § TEXAS COMMISSION ON
CITY OF ROUND ROCK §
RNxo2912565 § ENVIRONMENTAL QUALITY
AGREED ORDER
DOCKET NO.2019-1082-WQ-E
On , the Texas Commission on Environmental Quality ("the
Commission" or "TCEQ") considered this agreement of the parties, resolving an enforcement
action regarding the City of Round Rock (the "Respondent") under the authority of Trx. WATER
CODE chs. 7 and 26. The Executive Director of the TCEQ, through the Enforcement Division,
and the Respondent presented this Order to the Commission.
The Respondent understands that it has certain procedural rights at certain points in the
enforcement process, including the right to formal notice of violations, notice of an evidentiary
hearing, the right to an evidentiary hearing, and a right to appeal. By entering into this Order,
the Respondent agrees to waive all notice and procedural rights.
It is further understood and agreed that this Order represents the complete and fully -integrated
agreement of the parties. The provisions of this Order are deemed severable and, if a court of
competent jurisdiction or other appropriate authority deems any provision of this Order
unenforceable, the remaining provisions shall be valid and enforceable. The duties and
responsibilities imposed by this Order are binding upon the Respondent.
The Commission makes the following Findings of Fact and Conclusions of Law:
I. FINDINGS OF FACT
The Respondent owns and operates a wastewater collection system with an associated
wastewater line located at 2118 Agarita Trail in Round Rock, Williamson County, Texas
(the "Facility"). The Facility is near or adjacent to water in the state as defined in TE x.
WATER CODE § 26.001(5).
2. During an investigation conducted on March 8, 2019, an investigator documented that a
bypass pump failed at a manhole located at 2118 Agarita Trail, resulting in the discharge
of approximately 33,000 gallons of wastewater into Chandler Creek, lalling
approximately 524 fish.
3. The Executive Director recognizes that the Respondent has implemented the following
corrective measures at the Facility:
a. On March 8, 2019, repaired the bypass pump and ceased the discharge.
City of Round Rock
DOCKET NO. 2019-1082-WQ-E
Page 2
b. By March 11, 2o19, removed the debris, disinfected the affected area, and
collected and properly disposed of the dead fish.
II. CONCLUSIONS OF LAW
1. As evidenced by Finding of Fact No. i, the Respondent is subject to the jurisdiction of the
TCEQ pursuant to TEx. WATER CODE ch. 26 and the rules of the TCEQ.
2. As evidenced by Finding of Fact No.2, the Respondent failed to prevent the discharge of
wastewater into or adjacent to any water in the state, in violation of TEx. WATER CODE
§ 26.I21(a)(1).
3. Pursuant to Tex. WATER CODE §'7.051, the TCEQ has the authority to assess an
administrative penalty against the Respondent for violations of state statutes within the
TCEQ's jurisdiction, for violations of rules adopted under such statutes, or for violations
of orders or permits issued under such statutes.
4. An administrative penalty in the amount of $5,626 is justified by the facts recited in this
Order, and considered in light of the factors set forth in TEx. WATER CODE § 7-o53. The
Respondent paid the $5,625 penalty.
III. ORDERING PROVISIONS
NOW, THEREFORE, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ORDERS
that:
1. The Respondent is assessed a penalty as set forth in Conclusion of Law No. 4 for
violations of state statutes and rules of the TCEQ. The payment of this penalty and the
Respondent's compliance with all the requirements set forth in this Order resolve only
the matters set forth by this Order in this action. The Commission shall not be
constrained in any manner from requiring corrective actions or penalties for violations
that are not raised here. Penalty payments shall be made payable to "TCEQ" and shall be
sent with the notation "Re: City of Round Rock, Docket No. 2019-1082-WQ-E" to:
Financial Administration Division, Revenue Operations Section
Attention: Cashier's Office, MC 214
Texas Commission on Environmental Quality
P.O. Box 13088
Austin, Texas 78711-3088
2. All relief not expressly granted in this Order is denied.
3. The duties and provisions imposed by this Order shall apply to and be binding upon the
Respondent. The Respondent is ordered to give notice of this Order to personnel who
maintain day-to-day control over the Facility operations referenced in this Order.
City of Round Rock
DOCKET NO.2o19-1o82-WQ-E
Page 3
4. The Executive Director may grant an extension of any deadline in this Order or in any
plan, report, or other document submitted pursuant to this Order, upon a written and
substantiated showing of good cause. All requests for extensions by the Respondent
shall be made in writing to the Executive Director. Extensions are not effective until the
Respondent receives written approval from the Executive Director. The determination
of what constitutes good cause rests solely with the Executive Director.
5. The Executive Director may, without further notice or hearing, refer this matter to the
Office of the Attorney General of the State of Texas ("OAG") for further enforcement
proceedings if the Executive Director determines that the Respondent has not complied
with one or more of the terms in this Order.
6. This Order shall terminate five years from its effective date or upon compliance with all
the terms and conditions set forth in this Order, whichever is later.
7. This Order, issued by the Commission, shall not be admissible against the Respondent in
a civil proceeding, unless the proceeding is brought by the OAG to: (1) enforce the terms
of this Order; or (2) pursue violations of a statute within the Commission's jurisdiction,
or of a rule adopted or an order or permit issued by the Commission under such a
statute.
8. This Order may be executed in separate and multiple counterparts, which together shall
constitute a single instrument. Any page of this Order may be copied, scanned, digitized,
converted to electronic portable document format ("pdf'), or otherwise reproduced and
may be transmitted by digital or electronic transmission, including but not limited to
facsimile transmission and electronic mail. Any signature affixed to this Order shall
constitute an original signature for all purposes and may be used, filed, substituted, or
issued for any purpose for which an original signature could be used. The term
"signature" shall include manual signatures and true and accurate reproductions of
manual signatures created, executed, endorsed, adopted, or authorized by the person or
persons to whom the signatures are attributable. Signatures may be copied or
reproduced digitally, electronically, by photocopying, engraving, imprinting,
lithographing, electronic mail, facsimile transmission, stamping, or any other means or
process which the Executive Director deems acceptable. In this paragraph exclusively,
the terms: electronic transmission, owner, person, writing, and written, shall have the
meanings assigned to them under TEX. Bus. ORG. CODE § 1.002.
9. The effective date of this Order is the date it is signed by the Commission. A copy of this
fully executed Order shall be provided to each of the parties.
City of Round Rock
DOCKET NO.2o1g-1082--WQ-i
Page 4
SIGNATURE PAGE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
For the Commission
Date
For the Executive Director Date
I, the undersigned, have read and understand the attached Order. I am authorized to agree to
the attached Order, and I do agree to the terms and conditions specified therein. I further
acknowledge that the TCEQ, in accepting payment for the penalty amount, is materially relying
on such representation.
I also understand that failure to comply with the Ordering Provisions, if any, in this Order
and/or failure to timely pay the penalty amount, may result in:
• A negative impact on compliance history;
• Greater scrutiny of any permit applications submitted;
• Referral of this case to the Attorney General's Office for contempt, injunctive relief,
additional penalties, and/or attorney fees, or to a collection agency;
Increased penalties in any future enforcement actions;
• Automatic referral to the Attorney General's Office of any future enforcement actions; and
• TCEQ seeking other relief as authorized by law.
In addition, any falsification of any compliance documents may result in criminal prosecution.
Sig tore Y f Date
Name (Printed or typed) Title
Authorized Representative of
City of Round Rock
❑ If mailing address has changed, please check this box and provide the new address below:
Instt-uctions: Send the original, signed Order with penalty payment to the Financial Administration Division,
Revenue Operations Section at the address in Ordering Provision i of this Order.
4
Penalty Calculation Worksheet (PCW)
4 (April 2014) PCW Revision March 26, 2014
y.....0 GL Jul -LV 17
PCW 31-]u1-2019 Screening 24-]u1-2019 EPA Due��
Respondent City of Round Rock
Reg. Ent. Ref. No. RN102912565
cility/Site Region I 11 -Austin Major/Minor
CASE INFORMATION
Enf./Case ID No.gWater
No. of Violations 1
Docket N. 2-W -E Order Type Findings
Media Program(s)alit Government/Non-Profit Yes
Multi -Media Enf. Coordinator Had Darling
Admin. Penalty $ Limit Minimum $0 Maximum $25,0()0 EC's Team Enforcement Team 1
Penalty Calculation Section
TOTAL BASE PENALTY (Sum of violation base penalties) Subtotal I $7,500
ADJUSTMENTS (+/-) TO SUBTOTAL 1
Subtotals 2-7 are obtained by multiplying the Total Base Penalty (Subtotal 1) by the Indicated percentage.
Compliance Histo 0.00/o Adjustment Subtotals 2, 3, & 7 $0
Notes No adjustment for compliance history.
Culpability No 0.0% Enhancement Subtotal 1 IGO
Notes The Respondent does not meet the culpability criteria.
Good Faith Effort to Comply Total Adjustments Subtotal S 1-$1 875
Economic Benefit 0.0% Enhancement' Subtotal 6 0
Total EB Amounts S2 'Capped at the Total EB $ Amount
Estimated Cost of Compliance 56 500
SUM OF SUBTOTALS 1-7 Final Subtotal 1 $5,625
OTHER FACTORS AS JUSTICE MAY REQUIRE 1 0.0% Adjustment$0
Reduces or enhances the Final Subtotal by the indicated nerrentann.
Notes
STATUTORY LIMIT ADJUSTMENT
DEFERRAL
Reduces the Final Assessed
Notes
Final Penalty Amount I $S,-6-2-5-1
Final Assessed Penalty $5,625
0.0% Reduction Adiastment �n
analty by the Indicated percentage. ~�
No deferral is recommended for Findings Orders.
PAYABLE PENALTY
$5,625
Screening Date 24 -Jul -2019 Docket No. 2019-1082-WQ-E
Respondent City of Round Rock
Case ID No. 58030
Reg. Ent. Reference No. RN102912565
Media Water Quality
Enf. Coordinator Had Darling
1 Compliance History Worksheet
>> Compliance History Site Enhancement (Subtotal 2)
r-.. ..F N. k=r nf_ _
PCW
Policy Revision 4 (April 2014)
PCW Revision March 26, 2014
Number Adjust.
Adjustment Percentage (Subtotal 2) 0°!0
I>> Repeat Violator (Subtotal 3)
No Adjustment Percentage (Subtotal 3) 0°Io
I
>> Compliance History Person Classification (Subtotal 7)
Satisfactory Performer Adjustment Percentage (Subtotal 7) 0%
i
>> Compliance History Summary
Compliance
History No adjustment for compliance history.
Notes
Total Compliance History Adjustment Percentage (Subtotals 2, 3, & 7)
» Final Compliance History Adjustment
y_ _ Final Adjustment Percentage *capped at lDG% 0%
Written notices of violation ("NOVs") with same or similar violations as those in
0
0%
NOVs
the current enforcement action (number of NOVs meeting criteria )
0%
Other
Participation in a voluntary pollution reduction program
Other written NOVs
0
00/0
No
Any agreed final enforcement orders containing a denial of liability (number of
0
0%
orders meeting criteria )
Any adjudicated final enforcement orders, agreed final enforcement orders
Orders
without a denial of liability, or default orders of this state or the federal
0
0%
government, or any final prohibitory emergency orders issued by the commission
Any non -adjudicated Final court judgments or consent decrees containing a denial
of liability of this state or the federal government (number of judgments or
0
0%
Judgments
consent decrees meeting criteria)
Any adjudicated Final court judgments and default judgments, or non -adjudicated
and Consent
Decrees
final court judgments ortonsent decrees without a denial of liability, of this state
0
0%
or the federal government
Any criminal convictions of this state or the federal government (number of
0
0%
Convictions
counts)
Emissions
Chronic excessive emissions events (number of events)
0
0%
Letters notifying the executive director of an intended audit conducted under the
Texas Environmental, Health, and Safety Audit Privilege Act, 74th Legislature,
0
0%
1995 (number of audits for which notices were submitted)
Audits
Disclosures of violations under the Texas Environmental, Health, and Safety Audit
Privilege Act, 74th Legislature, 1995 (number of audits for which violations were
0
0%
disclosed)
Adjustment Percentage (Subtotal 2) 0°!0
I>> Repeat Violator (Subtotal 3)
No Adjustment Percentage (Subtotal 3) 0°Io
I
>> Compliance History Person Classification (Subtotal 7)
Satisfactory Performer Adjustment Percentage (Subtotal 7) 0%
i
>> Compliance History Summary
Compliance
History No adjustment for compliance history.
Notes
Total Compliance History Adjustment Percentage (Subtotals 2, 3, & 7)
» Final Compliance History Adjustment
y_ _ Final Adjustment Percentage *capped at lDG% 0%
Environmental management systems in place for one year or more
No
0%
Voluntary on-site compliance assessments conducted by the executive director
under a special assistance program
No
0%
Other
Participation in a voluntary pollution reduction program
No
0%
Early compliance with, or offer of a product that meets future state or federal
government environmental requirements
No
0%
Adjustment Percentage (Subtotal 2) 0°!0
I>> Repeat Violator (Subtotal 3)
No Adjustment Percentage (Subtotal 3) 0°Io
I
>> Compliance History Person Classification (Subtotal 7)
Satisfactory Performer Adjustment Percentage (Subtotal 7) 0%
i
>> Compliance History Summary
Compliance
History No adjustment for compliance history.
Notes
Total Compliance History Adjustment Percentage (Subtotals 2, 3, & 7)
» Final Compliance History Adjustment
y_ _ Final Adjustment Percentage *capped at lDG% 0%
Screening Date 24-]ui-2019
Respondent C.ty of Round Rock
Case ID No. 58030
Reg. Ent. Reference No. RN102912565
Media water Quality
Enf. Coordinator Had Darlln
Violation Numberil 1
Rule Citel'slil
Docket No. 2019-1082-WQ-E
Tex. water Code § 26.121(a)(1)
PCW
Palley Rev1S100 4 (Ap1112014)
PCW RevlSlon March 26, 2014
Failed to prevent the discharge of wastewater into Or adjacent to any water in the
Violation Description state. Specifically, a bypass pump failed at a manhole located at 2118 Agarka
Trail, resulting In the discharge of approximately 33,000 gallons of wastewater Into
Chandler Creek, killing approximately 524 fish.
Base Penalty 1 $25 000
>> Environ mental,.Property and Human Health Matrix
—_T-- — Norm
Release major Moderate Minor
OR Actual x
Potentlaill Percent
>>Programmatic Matrix
Falsification Major Moderate Minor
IFE 11 11 11 Percent
Matrix II Human health or the environment has been exposed to pollutants which exceed levels that are
Notes I protective of human health or environmental receptors as a result of the violation.
Violation Events
Number of Violation Events
daily
weekly
monthly x
quarterly
semiannual 0
annual
single event
Adjiistmenti $17,500
$7,500
0 Number of violation days
Violation Base PenaltyL $7,500
One monthly event is recommended from the date the discharge began (March 8, 2019) to the
Compliance date (March 11, 2019).
Good Faith Efforts to Comply zs.op/o Reduction X1,875
Before NOE/NOY NOE/NpV to ED?RP/Settlement Offer
Notes) The Respondent achieved compliance on March 11, f
2019.
Violation Subtotal 1 $5,625
Economic Benefit (EB) for this violation Statutory Limit Test
Estimated ES Amountl Violation Final Penalty Total 55,625
This violation Final Assessed Penalty (adjusted for limits) 1 $5,625
Economic Benefit Worksheet
Respondent City of Round Rock
Case ID No. 56030
Reg. Ent. Reference No. RN102912565
Media Water Quality
Violation No. 1
Item Description
Delayed Costs
Equipment
Buildings
Other (as needed)
Engineering/Construction
Land
Record Keeping System
Training/Sampling
Remediation/Disposal
Permit Costs
Other (as needed)
Notes for DELAYED costs
Item Cost Date Required Final Date Yrs Interest Saved
Percent Interest Years of
Depreciation
5.ol 15
Costs Saved 6B Amount
S1.500 2019
4.00 so so
s0
so
0.00 SO
5o
0.00 I
0.00 50 -so
54
so
0.00 $0 $4
50
$0
0.00 $0 n a
50
0.00 so n a
s0
0
O.OD so n a
50
�-
4.01 12 n a
$2
50
0.00 $0 1 n a
s0
0
$0
$0
The equipment cost Is the estimated cost to repair the bypass pump and cease the discharge. Date
required Is the date the discharge began. Final date Is the compliance date.
The remediation/disposal cost is the estimated cost to remove the debris, disinfect the affected area, and
collect and properly dispose of the dead fish. Date required is the date the discharge began. Final date Is
the compliance date.
Avoided Costs
Disposal
Personnel
Inspection /Reporting / S a mp I i ng
Supplies/Equipment
Financial Assurance
ONE-TIME avoided costs
other (as needed)
Notes for AVOIDED costs
ANNUALIZE avoided costs before entering item (except for one-time avoided costs)
Approx. Cost of compliance $6 500 TOTAL $2
0.00 1
so
so
so
0
0.00 I
50
5o
so
0.40
$0
$D
so
0.40
o
so
54
0.00
40
50
50
0.00
$0
$0
$0
Approx. Cost of compliance $6 500 TOTAL $2
The TCEQ*is'committed to accessibility.
Vrequest a more accessible version of this report, please contact the TCEQ Help Desk at (512) 239-4357.
Compliance History Report
Compliance History Report for CN600413181, RN102912565, Rating Year 2018 which includes Compliance History (CH) components
TCEO from September 1, 2013, through August 31, 2018.
Customer, Respondent, orCN600413181, City of Round Rock Classification: SATISFACTORY Rating: 15.03
Owner/Operator:
Regulated Entity: RN102912565, CITY OF ROUND ROCK Classification: UNCLASSIFIED Rating: ----
SEWAGE COLLECTION SYSTEM
Complexity Points:
CH Group:
1
08 - Sewage Treatment Facilities
Repeat Violator: NO
Location: 2118 Agarita Trail in Round Rock, Williamson County, Texas
TCEQ Region: REGION 11 - AUSTIN
ID Number(s):
EDWARDS AQUIFER PERMIT 11-00000013 EDWARDS AQUIFER PERMIT 11-00000013A
EDWARDS AQUIFER PERMIT 11-000000138
Compliance History Period: September 01, 2013 to August 31, 2018
Date Compliance History Report Prepared: July 24, 2019
Agency Decision Requiring Compliance History: Enforcement
Component Period Selected: July 24, 2014 to July 24, 2019
Rating Year: 2018 Rating Date: 09/01/2018
TCEQ Staff Member to Contact for Additional Information Regarding This Compliance History.
Name: Herbert Darling
Phone: (512) 239-2520
Site and Owner O erator History:
1) Has the site been in existence and/or operation for the full five year compliance period? YES
2) Has there been a (known) change in ownership/operator of the site during the compliance period? NO
Components Multimedia for the Site Are Listed in Sections A - J
A. Final Orders, court judgments, and consent decrees:
N/A
B. Criminal convictions:
N/A
.. Chronic excessive emissions events:
N/A
3. The approval dates of investigations (CCEDS Inv. Track. No.):
N/A
Written notices of violations (NOV) (CCEDS Inv. Track. No.):
A notice of violation represents a written allegation of a violation of a specific regulatory requirement from the commission to a regulated
entity. A notice of violation is not a final enforcement action, nor proof that a violation has actually occurred.
N/A
Environmental audits:
N/A
3. Type of environmental management systems (EMSs):
N/A
Page 1
H. Voluntary on-site compliance assessment dates:
NIA
I. Participation in a voluntary pollution reduction program:
N/A
J. Early compliance:
N/A
Sites Outside of Texas:
N/A
Compliance History Report for CN600413181, RN102912565, Rating Year 2018 which includes Compliance History (CH) components from July 24,
2014, through July 24, 2019.
Page 2
- City of Round Rock
ROUND ROCK
xA Agenda Item Summary
Agenda Number:
Title: City Manager to approve TCEQ Proposed Agreed Order for violation fine in
the amount of $5,625.00
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/6/2019
Dept Director: Michael Thane
Cost: $5,625.00
Indexes:
Attachments: TCEQ Document
Department: Utilities and Environmental Services
Text of Legislative File CM -201"273
This was approved out of process.
Contractor will reimburse the City of the fine amount. This is an acknowledgement of the
violation that will be returned to TCEQ along with a check in the amount of the violation fine.
Cost: $5,625.00
Source of Funds: Utility Funds
City o/Round Rock Page i Printed an 9/10/2019