CM-2004-00604/30/04 10:46 $5122390036 TCEQ
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
IN TRE MATTER OF AN
ENFORCEMENT ACTION
CONCERNING
CITY OF ROUND ROCK
PUBLIC WATER SUPPLY FACILITY
ID NO. 2460003
§
BEFORE THE
TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY
AGREED ORDER
DOCKET NO. 2003 -1364 -PWS -E
1. JURISDICTION AND STIPULATIONS
At its agenda, 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 City") under the authority of TEX. HEALTH & SAFETY CODE ch. 341.
The Executive Director of the TCEQ, through the Enforcement Division, and City appear before the
Commission and together stipulate that:
1. The City owns and operates a public water supply at 221 East Main Street in Round Rock;
Williamson County, Texas (the "Facility") that has approximately 22,881 service connections and
serves at least 25 people per day for at least 60 days per year.
2. The Commission and the City agree that the Commission has jurisdiction to enter this Agreed Order,
and that the City is subject to the Commission's jurisdiction.
3. The City received notice of the violations alleged in Section II ("Allegations") on or about December
18, 2002.
4. The occurrence of any violation is in dispute and the entry of this Agreed Order shall not constitute
an admission by the City of any violation alleged in Section II ("Allegations"), nor of any statute or
rule.
5. An administrative penalty in the amount of Five Hundred FiftyFive Dollars ($555) is assessed by
the Commission in settlement of the violations alleged in Section II ("Allegations"). The City has
paid the Five Hundred Fifty -Five Dollar ($555) administrative penalty.
6. 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.
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7. The Executive Director of the TCEQ and the City have agreed on a settlement of the matters alleged
in this enforcement action, subject to the approval of the Commission.
8. The Executive Director recognises that the City came into compliance with the running annual
average Maximum Contaminant Level ("MCL") for haloacetic acids ("HAAS") in the second quarter
of 2003.
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 Dircctor determines that the City has not complied with one or more of the terms or
conditions in this Agreed Order.
10. This Agreed Order shall terminate tive 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 City is alleged to have failed to comply with the MCL of
0.060 milligrams per liter (mg/1) based on a running average for HAAS during the fourth quarter of 2002,
in violation of 30 TEx. ADMIN. CODE § 290.113(f)(5), as documented during a record review conducted on
December 13, 2002.
M. DENIALS
The City generally denies each allegation in Section II ("Allegations").
IV. ORDERING PROVISIONS
1. It is, therefore, ordered by the TCEQ that the City pay an administrative penalty as set forth in
Section I, Paragraph 5 above. The imposition of this administrative penalty and the City's
compliance with all the terms and conditions set forth in this Agreed Order resolve only the
allegations in Section 11. 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. 2003-1364-PwS-E" to:
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COBS' .o,PIa�,finc_
7. The Executive Director of the TCEQ and the City have agreed on a settlement of the matters alleged
in this enforcement action, subject to the approval of the Commission.
8. The Executive Director recognizes that the City came into compliance with the running annual
average Maximum Contaminant Level ("MCL") for haloacetic acids ("HAAS") in the second quarter
of 2003.
9. The Executive Director may, without further notice or hearing, refer this matter to the Office of the
Attorney General of the State or Texas ("OAG") for further .enforcement proceedings if the
Executive Director determines that the City 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.
IL ALLEGATIONS
As owner and operator of the facility, the City is alleged to have failed to comply with the MCL of
0.060 milligrams per liter (mg/1) based on a running average for HAAS during the fourth quarter of
2002, in violation of 30 TPx. ADMIN. CODE § 290.113(f)(5), as documented during a record review
• conducted on December 13, 2002; ,r.
C114"1647 . S(S.! •e.Dc.4) 7o A e00
III. DENIALS
The City generally denies each allegation in Section If ("Allegations").
1'V. ORDERING PROVISIONS
• 1. It is, therefore, ordered by the TCEQ that the City pay an administrative penalty as set forth in
Section I, Paragraph 5 above. The imposition of this administrative penalty and the City's
compliance with all the terms and conditions set forth in this Agreed Order resolve only the
allegations in Section Ti. 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. 2003 -1364 -PWS -E" to:
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City of Round Rock
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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 the City. The City 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.
3. This Agreed Order, issued by the Commission, shall not be admissible against the City 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.
4. Under 30 TEX. ADMEN. CODE § 70.10(b). the effective date is the date of hand -delivery of the Order
to the City, or three days after the date on which the Commission mails notice of the Order to the
City, whichever is earlier. The Chief Clerk shall provide a copy of this Agreed Order to each of the
parties.
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SIGNATURE PAGE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Tor the Commission
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, and I do agree to the
terms and conditions specified therein.
January 6, 2004
Date
James R. Nuse, P.E. City Manager
Name (Printed or typed)
Authorized Representative of
City of Round Rock
Lydia Gonzalez Groinatzlcy
Deputy Director
Office of Legal Services
Texas Commission on Environmental Quality
Title
Date
Instructions: Send the original, signed Agreed Order with penalty payment to the Financial Administration Division, Revenues
Section at the address in Section IV, Paragraph 1 of this Agrccd Order.
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