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CM-05-12-208Request for City Council/City Manager Actio City Council o City Manager y � a Department Name: Engineering & Development Services Contact Person: Latha Kumar/Laura Flores Project Manager/Resource: Ruth Haberman, P.E. Project Coordinator: Assigned Attorney: Sheets Council or City Manager Agenda Date: 12/02/05 Blue Sheet Wording =ministration Use ONLY Tag # 0,1 " 05 " i a at) Documents Received: Return to: Return date: CC: Ric Bowden Project Name: Round Rock West Street Improvements ContractorNendor: T.C.E.Q. Funding Source: 2001 G.O. Bond Amount: $1,200.00 Consider an action by the City Manager to sign an Agreed Order by the Texas Commission on Environmental Quality (T.C.E.Q.) referenced as "City of Round Rock Docket No. 2005-1655-EAQ-E". Finance Information Is Funding Required? o Yes nNo CI 0 0 0 0 Finance Approval Finance Finance EJPurchasing Budget Initial Construction Contract Construction Contract Amendment # Change Order # Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Svcs. A # Purchasing/Service Agreement Purchase Order Item(s) to be purchased: Amount Other (Please clearly identify action on lines below) Penalty associated with the construction of Round Rock West Street Improvements sidewalks. $1,200.00 Date Date Date Date For Submission to City Manager Only Project Mgr. Signature: Dept. Director Signature: City Attorney Signature*: City Manager Signature: Date: f///GF/o S" Date: f/ l Zci(o �' Date: �•►2f� O S Date: �! -0,5 Approval is required for all items requesting City Manager's approval. Updated 3-9-05 Request for City Council/City Manager Action City Council v City Manager Department Name: Engineering & Development Services Contact Person: Latha Kumar/Laura Flores Project Manager/Resource: Ruth Haberman, P.E. Project Coordinator: Assigned Attorney: Sheets Council or City Manager Agenda Date: 12/02/05 Blue Sheet Wording For Administration Use ONLY Tag # Documents Received: Return to: Return date: CC: Ric Bowden Project Name: Round Rock West Street Improvements Contractor/Vendor: T.C.E.Q. Funding Source: 2001 G.O. Bond Amount: $1,200.00 Consider an action by the City Manager to sign an Agreed Order by the Texas Commission on Environmental Quality (T.C.E.Q.) referenced as "City of Round Rock Docket No. 2005-1655-EAQ-E". Finance Information Is Funding Required? 0 CI CI CIPurchasing/Service Agreement Yes No Initial Construction Contract Construction Contract Amendment # Change Order # Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Svcs. A # Purchase Order Item(s) to be purchased: Amount 0 Other (Please clearly identify action on lines below) Penalty associated with the construction of Round Rock West Street Improvements sidewalks. Finance Approval Finance L. Olsen Date 11/30/2005 $1,200.00 Finance N/A E. wilson Date 11/29/2005 Purchasing HB Date /11111/1 Budget Date For Submission to City Manager Only Project Mgr. Signature: Dept. Director Signature: City Attorney Signature*: City Manager Signature: Date: Date: Date: Date: x Legal Approval is required for all items requesting City Manager's approval. Updated 3-9-05 DATE: November 28, 2005 SUBJECT: City Manager Approval - December 2, 2005 ITEM: Consider an action by the City Manager to sign an Agreed Order by the Texas Commission on Environmental Quality (T.C.E.Q.) referenced as "City of Round Rock Docket No. 2005-1655-EAQ-E". Department: Engineering & Development Services Staff Person: Danny Ha!den, P.E., City Engineer Justification: This Agreed Order from the T.C.E.Q. is a result of beginning construction of sidewalks in conjunction with the Round Rock West Street Improvements project prior to approval of a Water Pollution Abatement Plan Exception Request by the T.C.E.Q. Funding: Cost: $1,200 Source of funds: 2001 G. 0. Bonds Outside Resources: T.C.E.Q. Background Information: A Water Pollution Abatement Plan Exception Request for sidewalk construction in Round Rock West was submitted to the T.C.E.Q. by our consultant, Fisher Hagood, Inc. in May 2005. Construction of the Round Rock West Street Improvements project began in June 2005. Originally, the sidewalk construction was scheduled to begin in the latter stages of the project. However, our contractor wanted to expedite the construction of the sidewalks while schools were on summer break. Not realizing the T.C.E.Q. approval had not been obtained, we authorized the change ;in the schedule. T.C.E.Q. began their review of our Exception Request in early August and during their field visit noticed that the sidewalk construction had already been completed. They notified us on August 8, 2005 that we were in violation. On August 12, 2005, Fisher Hagood, Inc. secured the approval from the T.C.E.Q. Fisher Hagood, Inc. has assumed some responsibility in this matter and has agreed to reimburse the City for $900. Public Comment: N/A TEXAS COMMISSION ON ENVIRONMENTAL QUALITY IN THE MATTER OF AN ENFORCEMENT ACTION CONCERNING CITY OF ROUND ROCK RN104608591 BEFORE THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AGREED ORDER DOCKET NO.2005-1655-EAQ-E I. JURISDICTION AND STIPULATIONS At its agenda, the Texas Commission on Environmental Quality Commission" or "TCEQ")Q ty {"the considered this agreement of the parties, resolving an enforcement action regarding the City of Round Rock ("Round Rock") under the authority of TEX. WATER CODE chs. 7 and 26. The Executive Director of the TCEQ, through the Enforcement Division, and Round Rock appear before the Commission and together stipulate that: 1. Round Rock owns a Public Works Project on the recharge zone of the Edwards Aquifer at St. Williams Avenue, Parkview Drive, and Lake Creek Drive in Round Rock,. Williamson County, Texas (the "Site"). This Agreed Order is entered into pursuant Tex. Water Code §§ 7.051 and 7.070. The Commission has jurisdiction of this matter pursuant to Tex. Water Code § 5.013 because it alleges violations of Tex. Water Code ch. 26 and the TCEQ rules. 3. The Commission and Round Rock agree that the Commission has jurisdiction to enter this Agreed Order, and that Round Rock is subject to the Commission's jurisdiction. 4. Round Rock received notice of the violations alleged in Section II ("Allegations") on or about September 7, 2005. 5. The occurrence of any violation is in dispute and the entry of this Agreed Order shall not constitute an admission by Round Rock of any violation alleged in Section II ("Allegations"), nor of any statute or rule. 6. An administrative penalty in the amount of One Thousand Five Hundred Dollars ($1,500) is assessed by the Commission in settlement of the violations alleged in Section II ("Allegations"). Round Rock has paid One Thousand Two Hundred Dollars ($1,200) of the administrative penalty and Three Hundred Dollars ($300) is deferred contingent upon Round Rock's timely and satisfactory (1,m OS- 12-'7 !Dc' 99% City of Round Rock DOCKET NO. 2005-1655-EAQ-E Page 2 compliance with all the terms of this Agreed Order_ The deferred amount will be waived upon full compliance with the terms of this Agreed Order. If Round Rock fails to timely and satisfactorily comply with all requirements of this Agreed Order, the Executive Director may require Round Rock to pay all or part of the deferred penalty. 7. Any notice and procedures which might otherwise be authorized or required in this action are waived in the interest of a more timely resolution of the matter. 8. The Executive Director of the TCEQ and Round Rock have agreed on a settlement of the matters alleged in this enforcement action, subject to the approval of the Commission. 9. The Executive Director recognizes that on May 6, 2005, Round Rock submitted a Recharge Exception Request application that was approved by the Commission on August 12, 2005. 10. 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 Round Rock has not complied with one or more of the terms or conditions in this Agreed Order. 11. This Agreed Order shall terminate five years from its effective date or upon compliance with all the terms and conditions set forth in this Agreed Order, whichever is Iater_ 12. The provisions of this Agreed Order are deemed severable and, if a court of competent jurisdiction or other appropriate authority deems any provision of this Agreed Order unenforceable, the remaining provisions shall be valid and enforceable. II. ALLEGATIONS As owner of the Site, Round Rock is alleged to have failed to receive Commission approval of a Recharge Exception Request application prior to commencing construction on a site located on the Edwards Aquifer Recharge Zone, in violation of 30 TEx. ADMIN. CODE § 213.4(a)(1), as documented during an investigation conducted on August 4, 2005. Specifically Round Rock began construction on 5,171 linear feet of sidewalk along one side of St. Williams Avenue, Parkview Drive, and Lake Creek Drive, which disturbed approximately 1.19 acres, prior to receiving approval of the Recharge Exception Request. III. DENIALS Round Rock generally denies each allegation in Section II ("Allegations"). City of Round Rock DOCKET NO. 2005-1655-EAQ-E Page 3 IV. ORDERING PROVISIONS 1. It is, therefore, ordered by the TCEQ that Round Rock pay an administrative penalty as set forth in Section I, Paragraph 6 above, The imposition of this administrative penalty and Round Rock's compliance with all the terms and conditions set forth in this Agreed Order resolve only the allegations in Section II. The Commission shall not be constrained in any manner from requiring corrective action or penalties for violations which are not raised here. Administrative penalty payments shall be made payable to "TCEQ" and shall be sent with the notation "Re: City of Round Rock, Docket No. 2005-1655-EAQ-E" to: Financial Administration Division, Revenues Section Attention: Cashier's Office, MC 214 Texas Commission on Environmental Quality P.O. Box 13088 Austin, Texas 78711-3088 2. The provisions of this Agreed Order shall apply to and be binding upon Round Rock. Round Rock is ordered to give notice of the Agreed Order to personnel who maintain day-to-day control over the Site operations referenced in this Agreed Order. 3. This Agreed Order, issued by the Commission, shall not be admissible against Round Rock in a civil proceeding, unless the proceeding is brought by the OAG to: (1) enforce the terms of this Agreed Order; or (2) pursue violations ofa statute within the Commission's jurisdiction, or ofa rule adopted or an order or permit issued by the Commission under such a statute. 4. This agreement may be executed in multiple counterparts, which together shall constitute a single original instrument. Any executed signature page to this Agreement may be transmitted by facsimile transmission to the other parties, which shall constitute an original signature for all purposes. 5. Under 30 TEX. ADMIN. CODE § 70.10(b), the effective date is the date of hand -delivery of the Order to Round Rock, or three days after the date on which the Commission mails notice of the Order to Round Rock, whichever is earlier. The Chief Clerk shall provide a copy of this Agreed Order to each of the parties. City of Round Rock DOCKET NO.2005-1655-EAQ-E Page 4 SIGNATURE PAGE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY For the Commission For the Executive Director Date I, the undersigned, have read and understand the attached Agreed Order. I am authorized to agree to the attached Agreed Order on behalf of the entity, if any, indicated below my signature, terms and conditions specified therein. I further acknowledge that the TCEQ,I in acce ao agree foro the penalty amount, is materially relying on such representation. ping P yment the I also understand that my failure to comply with the Ordering Provisions, if any, in this order and/or my failure to timely pay the penalty amount, may result in: A negative impact on my compliance history; • Greater scrutiny of any permit applications submitted by me; 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 against me; Automatic referral to the Attorney General's Office of any future enforcement actions against me; and TCEQ seeking other relief as authorized by law. In addition, any falsification of any compliance documents may result in criminal prosecution. Date Name (Printed or typed) Authorized Representative of City of Round Rock Title instructions: Send the original, signed Agreed Order with penalty payment to the Financial Administration Division, Revenues Section at the address in Section IV, Paragraph t of this Agreed Order.