CM-2015-825 - 7/6/2015TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
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IN THE MATTER OF AN § BEFORE THE
ENFORCEMENT ACTION §
CONCERNING § TEXAS COMMISSION ON
CITY OF ROUND ROCK §
RN102731577 § ENVIRONMENTAL QUALITY
AGREED ORDER
DOCKET NO.2o15-o836-EAQ-E
I. JURISDICTION AND STIPULATIONS
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 ("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, represented by Stephanie Sandre of the law firm of Sheets and Crossfield,
P.C., together stipulate that:
�. The Respondent owns and operates a sports facility located at 2400 Chisholm Trail in
Round Rock, Williamson County, Texas (the "Facility").
2. The Facility adjoins, is contiguous with, surrounds, or is near or adjacent to water in the
state as defined in TEX. WATER CODE § 26.001(5).
3. The Executive Director and the Respondent agree that the Commission has jurisdiction
to enter this Agreed Order, and that the Respondent is subject to the Commission's
jurisdiction.
4. The Respondent received notice of the violations alleged in Section II ("Allegations") on
or about May 26, 2015.
5. The occurrence of any violation is in dispute and the entry of this Agreed Order shall not
constitute an admission by the Respondent of any violation alleged in Section II
("Allegations"), nor of any statute or rule.
City of Round Rock
DOCKET NO.2o15-o836-EAQ-E
Page 2
6. An administrative penalty in the amount of Two Thousand Five Hundred Dollars
($2,500) is assessed by the Commission in settlement of the violations alleged in Section
II ("Allegations"). The Respondent has paid Two Thousand Dollars ($2,000) of the
administrative penalty and Five Hundred Dollars ($500) is deferred contingent upon the
Respondent's timely and satisfactory 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 the Respondent fails to timely and satisfactorily comply with all requirements
of this Agreed Order, the Executive Director may require the Respondent 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 and the Respondent agree on a settlement of the matters alleged
in this enforcement action, subject to final approval in accordance with 3o TEx. ADMIN.
CODE § 70.1o(a).
9. 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 or conditions in this Agreed Order.
10. 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 later.
11. 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 and operator of the Facility, the Respondent is alleged to have failed to obtain
approval of a modification to an approved water pollution abatement plan ("WPAP") prior to
initiating physical modifications, in violation of 3o TEx. ADMIN. CODE § 213.41)(1) and Edwards
Aquifer Protection Plan No. 11-12082301, Standard Conditions No. 3, as documented during an
investigation conducted on April 20, 2015. Specifically, the modifications included a removal of
the South Pond without review or approval.
III. DENIALS
The Respondent generally denies each allegation in Section II ("Allegations").
City of Round Rock
DOCKET NO.2o15-o836-EAQ-E
Page 3
IV. ORDERING PROVISIONS
1. It is, therefore, ordered by the TCEQ that the Respondent pay an administrative penalty
as set forth in Section I, Paragraph 6 above. The payment of this administrative penalty
and the Respondent'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.
2015-o836-EAQ-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. It is further ordered that the Respondent shall undertake the following technical
requirements:
a. Within 3o days after the effective date of this Agreed Order:
i. Submit a WPAP modification application for the removal of the South
Pond, in accordance with 3o TEx. ADMIN. CODE § 213.4, to:
Edwards Aquifer Protection Program
Austin Regional Office
Texas Commission on Environmental Quality
P.O. Box 13o87
Austin, Texas 78711-3087
ii. Respond completely and adequately, as determined by the TCEQ to all
information concerning the WPAP modification within 3o days after the
date of such request or by any other deadline specified in writing; and
iii. If a WPAP modification is not pursued, reconstruct the South Pond to its
original state, in accordance with the existing approved plan.
b. Within 45 days after the effective date of this Agreed Order, submit written
certification as described below, and include detailed supporting documentation
including photographs, receipts, and/or other records to demonstrate compliance
with Ordering Provision No. 2 -ad. through 2.a.M. The certification shall be
notarized by a State of Texas Notary Public and include the following certification
language:
City of Round Rock
DOCKET NO.2015-0836-EAQ-E
Page 4
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the
best of my knowledge and belief, true, accurate, and complete. I
am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment
for knowing violations."
The certification shall be submitted to:
with a copy to:
Order Compliance Team
Enforcement Division, MC 149A
Texas Commission on Environmental Quality
P.O. Box 13o87
Austin, Texas 78711-3o87
Water Section Manager
Austin Regional Office
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, Texas 78711-3087
3. The provisions of this Agreed Order shall apply to and be binding upon the Respondent.
The Respondent is ordered to give notice of the Agreed Order to personnel who maintain
day-to-day control over the Facility operations referenced in this Agreed Order.
4. If the Respondent fails to comply with any of the Ordering Provisions in this Agreed
Order within the prescribed schedules, and that failure is caused solely by an act of God,
war, strike, riot, or other catastrophe, the Respondent's failure to comply is not a
violation of this Agreed Order. The Respondent shall have the burden of establishing to
the Executive Director's satisfaction that such an event has occurred. The Respondent
shall notify the Executive Director within seven days after the Respondent becomes
aware of a delaying event and shall take all reasonable measures to mitigate and
minimize any delay.
5. The Executive Director may grant an extension of any deadline in this Agreed Order or in
any plan, report, or other document submitted pursuant to this Agreed 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.
City of Round Rock
DOCKET NO.2015-0836-EAQ-E
Page 5
6. This Agreed 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 Agreed 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.
7. This Agreed Order may be executed in separate and multiple counterparts, which
together shall constitute a single instrument. Any page of this Agreed 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 Agreed 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", ' flowneril, person , "writing",
and "written" shall have the meanings assigned to them under TEx. Bus. ORG. CODE
§ 1.002.
8. Under 3o TEx. ADMIN. CODE § 70-10(b), the effective date is the date of hand -delivery of
the Order to the Respondent, or three days after the date on which the Commission
mails notice of the Order to the Respondent, whichever is earlier.
City of Round Rock
DOCKET NO. 2015-o836-EAQ-E
Page 6
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 indicated below my signature, 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.
Signature
Name (13rinted or typti d)
Authorized Representative of
City of Round Rock
Date
Title
Instructions: Send the original, signed Agreed Order with penalty payment to the Financial Administration
Division, Revenue Operations Section at the address in Section IV, Paragraph t of this Agreed Order.
Penalty Calculation Worksheet (PCW)
tESPONDENT/FACILITY-INFORMATION -
RespondentiCity of Round Rock -
Reg. Ent. Ref. No. RN102731577
Facility/Site Region 11°Atistiti - Major/Minor Sourcel Minor
-
CA -SIE INFOR . ATI.ON - - i
Enf./Case ID No. 50630 No. of Violations 1
Docket No. 2015-0836-EAQ-E Order Type 1660
Media Program(s) I Edwards Aquifer - Government/Non-Profit Yes -
Multi -Medial Enf. Coordinator Gregory Z chowski
EC's Team Enforcement Team 3 .
Admin. Penalty $ Limit MinimumMaximum$2i 5.000
Penalty Calculation Section
TOTAL BASE PENALTY (Sum of vio> }ion base penalties) Subtotals �.
ADJUSTMENTS (+/) TO SUBTOTAL 1
Su]totals 2-7 are obtalned by multiplying the Total Base Penalty (Suntotal 1) by tho indicated percentage, _
Compliance History 0.0% Enhancement Subtotals 2, 3, & 7
Notes No adjustment for Compliance History
Culpability - No 0.06/a. Enhancement
Notes The Respondent does not meet the culpability criteria.
Good Faith Effort to Comply Total Adjustments Subtotal 5
Economic Benefit
Total EB Amounts s2D6
Estimated Costal Comploncel 56.500
SUM OF SUBTOTALS 1-7
OTHER FACTORS AS JUSTICE MAY REQUIRE
P.edecos or enhances the Final Subtotal by the indicated n=_rcentage,
Notes
STATUTORY LIMIT ADJUSTMENT
DEFERRAL
Reduces the Final Assessed Pena It h the indicated oercentar
0.00/, F.nhanc.ment' Subtotal
'Capped at the Total EG $ Amount
Final Subtotal
Adjustment
Final Penalty Amount
Final Assessed Penalty
20.0% Reduction Adjustment
Notes Deferral offered for expedited settlement.
PAYABLE PENALTY
Screening Date 29 -May -2015 Docket No:J2015-0836-EAQ-E
Respondent City of Round Rock
Case ID No. 50630
Reg. Ent. Reference No. RN102731577
Media [Statute] Edwards Aquifer
Enf. Coordinator GregoryZychowski
Compliance History Worksheet
—u.
» Compliance History Site Enhancement (Subtotal Z)
Cmmnnnant Number of--- - - -
Policy Revision 4 (April 2014)
PCW Revision March 26,
Enter Number Here Adiust.
Please Enter Yes or No
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 )
No
0%
Other
Other written NOVs
0
0%
- -
Any agreed final enforcement orders containing a denial of liability (number of
0
0%
--
orders meeting criteria )
No
0%
Orders
Any adjudicated final enforcement orders, agreed final enforcement 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)
and Consent
Decrees
Any adjudicated final court judgments and default judgments, or non -adjudicated
final court judgments or consent 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%
Audits
1995 (number of audits for which notices were submitted)
- - -
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)
Please Enter Yes or No
>> Repeat Violator (Subtotal, 3)
No
>> Compliance History Person Classification (Subtotal 7)
Satisfactory Performer
Adjustment Percentage (Subtotal 2) 0%
Adjustment Percentage (Subtotal 3) 0%
Adjustment Percentage (Subtotal 7) 0%
» Compliance History Summary _
Compliance
History
Notes
Noadjustment ,for Compliance History
Total Compliance History Adjustment Percentage (Subtotals 2, 3, & 7) F 0%
Final Compliance History Adjustment
Final Adiustment Percentaae *caooed at 10o%
Environmental management systems In place for one year or more
No -
0%
Voluntary on-site compliance assessments conducted by the executive director
No
0%
Other
under a special assistance program
Participation in a voluntary pollution reduction program
No
0%
--
Early compliance with, or offer of a product that meets future state or federal
No
0%
government environmental requirements
>> Repeat Violator (Subtotal, 3)
No
>> Compliance History Person Classification (Subtotal 7)
Satisfactory Performer
Adjustment Percentage (Subtotal 2) 0%
Adjustment Percentage (Subtotal 3) 0%
Adjustment Percentage (Subtotal 7) 0%
» Compliance History Summary _
Compliance
History
Notes
Noadjustment ,for Compliance History
Total Compliance History Adjustment Percentage (Subtotals 2, 3, & 7) F 0%
Final Compliance History Adjustment
Final Adiustment Percentaae *caooed at 10o%
Screening Date 29 -May -2015 2015-0836-EAQ-E
Respondent City of Round Rock Policy Revision s (April
Case ID No. 50630 PCW Revision March 26,
Reg. Ent. Reference No. RN102731577
Media (Statute] Edwards Aquifer
Enf. Coordinator Gre o z chowski
Violation NumberO
Rule Cite(s) 30 Tex. Admin. Code §-213.4(j)(1) and Edwards Aquifer Protection Plan No.
11-12082301, Standard Conditions No. 3.
11 Failed to obtain approval of a modification to an approved water pollution
Violation Description abatement plan ("W PAP) prior to Initiating physical modifications, as documented
during an investigation conducted on April 20, 2015. Specifically, the modifications
Included the removal of the South Pond without review or approval.
Matrix
Notes
Base
Property and Human Health Matrix -., -'-"
Harm
Release Ma or Moderate Minor
Actual000
Potential 0FEA0 Percent
Percent 5.010
100% of the rule requirement was not met.
-
tvmurinn
Number of Violation Events 0
daily :"� 0
weekly 0
monthly- 0
mark only one
with an z q;uartei'IV '' 0
sem annual
annual 0
single event 0
39 Number of violation days
Violation Base Penalty
Two monthly events are recommended, calculated from the date of the Investigation (April 20,
2015) to the screening date (May 29, 2015).
Offer
The Respondent does not meet the good faith criteria,for1
this violation. II
Violation
homicBenefit(EB)forthisviolation _;.Statutor'fmitTest__`
Estimated EB Amount $2861 Violation Final Penalty Total(
This violation Final Assessed Penalty (adjusted for limits)
Economic Bene
Respondent City of Round Rock
Case ID No. 50630
Reg. Ent. Reference No, RN102731577
Media Edwards Aquifer
Violation No. 1
Item Cost Date Required Final Date
Item Description Nor bmmae ors
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
Avoided Costs
Disposal
personnel
Ins pectin n/ Reporting/Sa in pli no
Supplies/ Equipment
Financial Assurance [2]
ONE-TIME avoided costs [3]
Other (as needed)
Notes for AVOIDED costs
Worksheet
Percent Interest Years of
Depreciation
5.0'1 15
Yrs Interest Saved Onetime Costs - EB Amount
OOO
so
0.00qt24867
OOO
0.00so
000
0.00so
DOO
o.00 to
ODO
o.00 to
OOO
0.00 -so
OOO
0.00 to
000
0.00to
ODD
0.0050 .
6 500
-2o-A r-2 SS
6 -Mar -2016
0.88286 -
Delayed cost includes $4,000 for the WPAP modification fee and $2,500 to develop and submit a modified
WPAP. Date required is the investigatlon date. Final date Is the estimated date of compliance.
ANNIIAI I7F ril avnidpd ansts before emerino item f except for one-time aVDueeO Costs
Approx. Cost of Compliance $67500
;TOTAL. $286
The TCEQ Is committed to accessibility.
To request a more accessible version of this report, please contact the TCEQ Help Desk at (512) 239-4357.
TCEG Compliance History Report
PUBLISHED Compliance History Report for CN600413181, RN 102731577, Rating Year 2014 which includes Compliance
History (CH) components from September 1, 2009, through August 31, 2014.
Customer, Respondent, CN600413181, City of Round Rock Classification: SATISFACTORY Rating: 1.06.
or Owner/Operator:
Regulated Entity: RN102731577, Round Rock Sports Center Classification: HIGH Rating: 0.00
Complexity Points: 0 Repeat Violator: NO
CH Group: 14 - Other
Location: located at 2400 Chisholm Trail in Round Rock, in Williamson County, Texas
TCEQ Region: REGION 11 - AUSTIN
ID Number(s):
EDWARDS AQUIFER PERMIT 11-96100301 EDWARDS AQUIFER PERMIT 11-95022202
EDWARDS AQUIFER PERMIT 11-95022202A EDWARDS AQUIFER PERMIT 11-96100301A
EDWARDS AQUIFER PERMIT 11-04030901 EDWARDS AQUIFER PERMIT 11-05110802
EDWARDS AQUIFER PERMIT 11-12082301 EDWARDS AQUIFER PERMIT 11-14102002
Compliance History Period: September 01, 2009 to August 31, 2014 Rating Year: 2014 Rating Date: 09/01/2014
Date Compliance History Report Prepared: May 29, 2015
Agency Decision Requiring Compliance History: Enforcement
Component Period Selected: May 29, 2010 to May 29, 2015
TCEQ Staff Member to Contact for Additional Information Regarding This Compliance History.
Name: Greg Zychowski Phone: (512) 239-3158
Site and Owner/Operator Histor
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
3) If YES for #2, who is the current owner/operator? N/A
4) If YES for #2, who was/were the prior N/A
owner(s)/operator(s)?
5) If YES, when did the change(s) in owner or operator N/A
occur?
Components (Multimedia) for the Site Are Listed in Sections A - I
A. Final Orders, court judgments, and consent decrees:
N/A .
B. Criminal convictions:
N/A
C. Chronic excessive emissions events:
N/A
D. The approval dates 'of investigations (CCEDS Inv. Track. No.):
Item 1 May 08, 2013 (1085990)
E. 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
F. Environmental audits:
N/A
G. Type of environmental management systems (EMSs):
N/A
H. Voluntary on-site compliance assessment dates:
N/A
I. Participation in a voluntary pollution reduction program:
N/A
J. Early compliance:
N/A
Sites Outside of Texas:
N/A
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: General Services Project Name: NIA
Project Mgr/Resource: Travis Wilkes Contractor/Vendor: TCEQ
r-jcouncil Action:
ORDINANCE RESOLUTION
Agenda Wording
F71city Manager Approval
GmA woratng
Consider executing an Agreed Order with Texas Commission on Environmental Quality for the resolution of an allegation that the
City failed to obtain approval of a modification to an approved WPAP prior to removing the South Pond from the Round Rock
Sports Center property.
Attorney Approval
EfAttorney
Notes/Comments
City signs first.
Date �, 24
0:lwdox\SCCInts\0118\1501\MISC\00337367.XLS Updated 6/3/08
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreed Order with Texas Commission on
Environmental Quality for the resolution of an allegation that the City failed
to obtain approval of a modification to an approved WPAP prior to
removing the South Pond from the Round Rock Sports Center property.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/3/2015
Dept Director: Chad McDowell, General Services Director
Cost: Iv I
Indexes:
Attachments: LAF, Agreed Order
Department: General Services Department
Text of Legislative File CM -2015-825
Consider executing an Agreed Order with Texas Commission on Environmental Quality
for the resolution of an allegation that the City failed to obtain approval of a modification
to an approved WPAP prior to removing the South Pond from the Round Rock Sports
Center property.
With this agreed order with Texas Commission on Environmental Quality we will
resolve the allegation that the City failed to obtain approval of a modification to an
approved WPAP prior to removing Pond from the Sports Center.
Staff Recommends approval
Cityof Round Rock Page 7 Printed on 71=015