CM-2016-1033 - 2/12/2016PENDING FINAL SIGNATURE
FROM OTHER PARTY
Monique Adams
From: Monique Adams
Sent: Thursday, February 18, 2016 4:15 PM
To: Kelsi Pyburn
Subject: RE: CM -2016-1033
I will also need an executed copy back (signature from TCEQ) for our files.
Monique Adams
City Manager's Office
City of Round Rock
P: 512-218-3234 I F: 512-218-7097 1 roundrocktexas.gov
From: Monique Adams
Sent: Friday, February 12, 2016 5:07 PM
To: Kelsi Pyburn <kpyburn@roundrocktexas.gov>
Subject: CM -2016-1033
Do you want me to send back via interoffice mail or do you want to come and get it?
Monique Adams, CPM
Assistant to the City Manager
221 E. Main Street
Round Rock, TX 78664
P: 512-218-3234 I F: 512-218-7097 1 round rocktexas.gov
ROUND ROCK TEXAS
AOMINlj7RATION
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
E OFT
W ro
x x
IN THE MATTER OF AN § BEFORE THE
ENFORCEMENT ACTION §
CONCERNING § TEXAS COMMISSION ON
CITY OF ROUND ROCK §
RNio2731577 § ENVIRONMENTAL QUALITY
AGREED ORDER
DOCKET NO. 2015-1803-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 together stipulate that:
The Respondent owns and operates an indoor sports complex located at 2400 Chisolm
Trail in Round Rock, Williamson County, Texas (the "Site").
2. The Site 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 November 28, 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.
6. An administrative penalty in the amount of Seven Thousand Five Hundred Dollars
($7,500) is assessed by the Commission in settlement of the violations alleged in Section
II ("Allegations"). The Respondent has paid Seven Thousand Five Hundred Dollars
N,-2 014 -/a�3
City of Round Rock
DOCKET NO. 2015-1803-EAQ-E
Page 2
($7,500) of the administrative penalty. 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 recognizes that the Respondent has implemented the following
corrective measures at the Site:
a. By October 29, 2015, submitted notification of intent to commence construction
to the TCEQ Austin Regional Office.
b. By November 23, 2015, obtained approval of an organized sewage collection
system ("SCS") plan under Edwards Aquifer Protection Plan No. 11-5092901.
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 the Respondent 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 later.
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 and operator of the Site, the Respondent is alleged to have:
Failed to obtain approval of an organized SCS plan prior to commencing a regulated
activity over the Edwards Aquifer Recharge Zone, in violation of 3o TEX. ADMIN. CODE
§§ 213.4(a)(1) and 213.5(a)(2), as documented during an investigation conducted on
October 29, 2015. Specifically, the Respondent failed to obtain approval of an organized
SCS plan prior to commencing construction activities, disturbing approximately 1.36
acres.
2. Failed to provide written notification of intent to commence construction to the TCEQ
Austin Regional Office no later than 48 hours prior to commencing construction, in
violation of 3o TEX. ADMIN. CODE § 213.5(f)(1), as documented during an investigation
conducted on October 29, 2015.
City of Round Rock
DOCKET NO. 2015-1803-EAQ-E
Page 3
III. DENIALS
The Respondent generally denies each allegation in Section II ("Allegations").
IV. ORDERING PROVISIONS
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-
1803-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 78711-3088
2. 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 Site operations referenced in this Agreed Order.
3. 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.
4. 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", "owner", "person", "writing",
and "written" shall have the meanings assigned to them under TEx. Bus. ORG. CODE
§ 1.002.
City of Round Rock
DOCKET NO. 2015-i8o3-EAQ-E
Page 4
5. 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. 2015-1803-EAQ-E
Page 5
SIGNATURE PAGE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
For the Commission
For the Executive Director
Date
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 U Date
Name (Printed or typed) Tie I/
Authorized Representative of
City of Round Rock
Instructions: Send the original, signed Agreed Order with penalty payment to the Financial Administration
Division, Revenue Operations Section at the address in Section N, Paragraph 1 of this Agreed Order.
Screening Date 9 -Dec -2015 Docket No. 2015-1803-EAQ-E PCW
Respondent City of Round Rock Policy Revision 4 (April 2014)
Case ID No. 51629 PCW Revision March 26, 2014
Reg. Ent. Reference No. RN102731577
Media [Statute] Edwards Aquifer
Enf. Coordinator Farhaud Abbaszadeh
Compliance History Worksheet
Compliance History Site Enhancement (Subtotal 2)
!`nm nnn cnt N.mhcr n4 Fnta Nnmha HPfP Adiust.
{9PRQP i nTPr YPS nr wo
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
1
20%
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
Any adjudicated final court judgments and default judgments, or non -adjudicated
Decrees
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%
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)
{9PRQP i nTPr YPS nr wo
Adjustment Percentage (Subtotal 2) 20%
i» Repeat Violator (Subtotal 3)
No Adjustment Percentage (Subtotal 3) 0%
i,» Compliance History Person Classification (Subtotal 7)
Satisfactory Performer Adjustment Percentage (Subtotal 7) 0%
i» Compliance History Summary
Compliance
History
Notes
Enhancement for one order with denial of liability.
Total Compliance History Adjustment Percentage (Subtotals 2, 3, & 7)
» Final Compliance History Adjustment
j Final Adjustment Percentage *capped at 100%
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
Adjustment Percentage (Subtotal 2) 20%
i» Repeat Violator (Subtotal 3)
No Adjustment Percentage (Subtotal 3) 0%
i,» Compliance History Person Classification (Subtotal 7)
Satisfactory Performer Adjustment Percentage (Subtotal 7) 0%
i» Compliance History Summary
Compliance
History
Notes
Enhancement for one order with denial of liability.
Total Compliance History Adjustment Percentage (Subtotals 2, 3, & 7)
» Final Compliance History Adjustment
j Final Adjustment Percentage *capped at 100%
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.
Compliance History Report
�■ PUBLISHED Compliance History Report for CN600413181, RN102731577, Rating Year 2015 which includes Compliance
TCEO History (CH) components from September 1, 2010, through August 31, 2015.
Customer, Respondent, CN600413181, City of Round Rock
or Owner/Operator:
Regulated Entity
Complexity Points:
CH Group:
Location:
TCEQ Region:
ID Number(s):
Classification: SATISFACTORY Rating: 0.65
RN102731577, ROUND ROCK SPORTS Classification: HIGH Rating: 0.00
CENTER
1
14 - Other
Repeat Violator: NO
2400 CHISHOLM TRAIL IN ROUND ROCK, TEXAS, WILLIAMSON COUNTY
REGION 11 - AUSTIN
EDWARDS AQUIFER PERMIT 11-96100301 EDWARDS AQUIFER PERMIT 11-95022202
EDWARDS AQUIFER PERMIT 11-95022202A EDWARDS AQUIFER PERMIT 11-96100301A
EDWARDS AQUIFER PERMIT 11-05110802 EDWARDS AQUIFER PERMIT 11-12082301
EDWARDS AQUIFER PERMIT 11-15092901
Compliance History Period: September 01, 2010 to August 31, 2015 Rating Year: 2015 Rating Date: 09/01/2015
Date Compliance History Report Prepared: December 08, 2015
Agency Decision Requiring Compliance History: Enforcement
Component Period Selected: December 08, 2010 to December 08, 2015
TCEQ Staff Member to Contact for Additional Information Regarding This Compliance History.
Name: Farhaud Abbaszadeh
Site and Owner/Operator History:
Phone: (512) 239-0779
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 - ]
A. Final Orders, court judgments, and consent decrees:
1 Effective Date: 10/24/2015 ADMINORDER 2015-0836-EAQ-E (1660 Order -Agreed Order With Denial)
Classification: Major
Citation: 30 TAC Chapter 213, SubChapter A 213.4(j)
Rqmt Prov: EAPP No. 11-12082301 PA
Description: Failure to obtain approval of a modification to an Edwards Aquifer pollution protection plan prior to
constructing the modification.
B. Criminal convictions:
N/A
C. Chronic excessive emissions events:
N/A
Economic Benefit Worksheet
RespondentCity of Round Rock
Case ID No., 51629
Reg. Ent. Reference No., RN102731577
Media. Edwards Aquifer Years of
Violation No. 2
Percent Interest Depreciation j
Item Cost Date Required Final Date
Item Description No commas or $
Delayed Costs
Equipment
Buildings
Other (as needed)
Engi nearing/Construction
Land
Record Keeping System
Training/Sampling
Remediation/ Disposal
Permit Costs
Other (as needed)
Notes for DELAYED costs
Avoided'Cos ts
_..... Disposal...
Personnel
Inspection/Reporting/Sampling
Supplies/ Equipment
Financial Assurance [2]
ONE-TIME avoided costs [3]
Other (as needed)
Notes for AVOIDED costs
5.01 151
Yrs Interest Saved Onetime Costs EB Amount
000
1
0.00
0.00 $0 0 $0
00
$0
1
0.00 $0 $0 $0
00
$0
1
0.00 $0 $0 $0
000
0.00
0.00 $0 $0 $0
00
$0
10.00
$0 ri%a $0
000
$0
$0
0.00 $0 $0
000
1
0.00
0.00 $0 ri`a $0
000
$0
000
0.00 $0 _-'na $0
000
$0
$0
0.00 $0n' $0
$25
18 -Oct -2015
29 -Oct -2015
0.03 $0 n 0
Estimated cost to prepare written notification of intent to commence construction. Date required is 48
hours prior to the estimated construction start date (October 20, 2015). Final date is the date of
compliance.
zNNI/aI'izF 1'i I. nunin Pn' rncrc nPrnrP PnrPrinn ITPm rPYPPnr rnr: nn P-rlmo nVnin Pn rncrca
00
1
0.00
$0
$0
$0
000
0.00
$0
$0
$0
000
0.00
$0
$0
$0
00
1
0.00
$0
$0
$0
00
1
0.00
$0
$0
$0
000
0.00
$0
$0
$0
000
0.00
�0
�0
$0
Approx. Cost of Compliance 1 $25
TOTAL $0
_.............._....__....._..._..... _........... _..._.... .._........ _.......
__._.._..- ----._.....__._.._..—
Econornic Benefit Worksheet
Respondent. City of Round Rock
Case ID No. 51629
Reg. Ent. Reference No. RN102731577
Media Edwards Aquifer Percent Interest Years of
Violation No. 1 ; Depreciation i
5.0 15
Item Cost Date Required Final Date Yrs Interest Saved Onetime Costs EB Amount
Item Description No commas.or$
belayed 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
Inspection/Reporting/Sampling
Supplies/ Equipment
Financial Assurance [2]
ONE-TIME avoided costs [3]
Other (as needed)
Notes for AVOIDED costs
0�0
0.00 $0 $0 $0
0.00 $0 $0 $0
0�0
0.00 $0 $0 $0
0�
0.00 $0 $0 $0
000
0.00 $0 $0 $0
0�1
0.00 $0 $0 $0
0.00 $0 $0 $0
00
0.00 $0 $0 $0
1
0.00 $0 Ci a $0
000
0.00 $0 _n a $0
000
0.00 $0 ria $0
0�0
0.00 $0 n a $0
�5 000
29 -Oct -2015
23 -Nov -2015
0.07 $17 ft a $17
��0l
0.00 I so $0
Estimated cost to obtain approval of an Edwards Aquifer organized SCS. Date required is the date of the
investigation and the final date is the date of compliance.
_R IVIUI I AI T7F r1I—,^i.lnrf rnata hotnro —tor— iram:1—ranr Tnr nnp-rime Auninpo casysy
0�j
0.00 $0 $0 $0
0.00 $0 $0 $0
0�
0.00 $0 $0 $0
0.00 $0 $0 $0
0.00 $0 $0 $0
X00
0.00 $0 $0 $0
0.00 $0 $0 I $0
Approx. Cost of Compliance 1 $5,000
TOTAL $17
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreed Order with TCEQ for the resolution of
allegations that: 1) the City failed to obtain approval of an organized SCS
plan from TCEQ prior to starting construction at the Round Rock Sports
Center; and 2) failed to provide written notification to TCEQ of intent to
start construction at the Round Rock Sports Center no later than 48 hours
prior to starting construction.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/12/2016
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost:
Indexes:
Attachments: Proposed Agreed Order (Fine).pdf, LAF_TCEQ—Ag reed Ord er.pdf, Council
Map.pdf
Department: Utilities and Environmental Services
Text of Legislative File CM -2016-1033
Consider executing an Agreed Order with TCEQ for the resolution of allegations that: 1)
the City failed to obtain approval of an organized SCS plan from TCEQ prior to starting
construction at the Round Rock Sports Center; and 2) failed to provide written
notification to TCEQ of intent to start construction at the Round Rock Sports Center no
later than 48 hours prior to starting construction.
This project is located over the Edwards Aquifer and a Sewage Collection System
(SCS) permit was required by TCEQ prior to commencing work on the project. At the
time the City was expecting to receive the permit, TCEQ decided the project needed to
be split into two different permits, further lengthening permit acquisition time. The
Project Manager issued a Notice to Proceed to allow the contractor to move equipment
and materials onto the job site. The superintendent for the contractor, without the City's
knowledge, began excavation and pipe placement. Once the City became aware, they
stopped the contractor immediately, but an inspection by TCEQ revealed that
construction had started before the permit had been issued.
The violation calls for up to a $25,000 fine, but because the City took immediate steps
City of Round Rock Page 1 Printed on 211112016
Agenda Item Summary Continued (CM -2016-1033)
to stop construction, TCEQ fined the City less than one third the total possible fine in
the amount of $7,500. The City Utility staff requests the City Manager to authorize the
payment of $7,500 to the TCEQ for this infraction of the State Statute.
Staff Recommends Approval.
Cify of Round Rock Page 2 Printed on 211112016