HomeMy WebLinkAboutPR 20725: AUTHORIZATION OF THE SSOI FOR THE SABINE PASS WASTEWATER COLLECTION AREA WITH TCEQ J y
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INTEROFFICE MEMORANDUM
Date: February 28, 2019
To: The Honorable Mayor and City Council
Through: Harvey Robinson, Interim City Manager
From: Donnie Stanton—Assistant Director of Utilities
RE: PR 20725 —Authorization of the SSOI for the Sabine Pass Wastewater
Collection area with TCEQ
Introduction:
TCEQ has agreed that the City of Port Arthur enter into a Sanitary Sewer Overflow Initiative
(SSOI) which ensures that the City will make a certain amount of improvements per year to
bring the Sewer Collection System into compliance with current regulations. The Collection
system in the Sabine Pass area is in a failed state due to age. Results of this failed state include
a number of Sanitary Sewer Overflows during rain events, high tide events, and sand
infiltration. The City of Port Arthur will be required to change a certain number of feet of
lines, clean a certain amount of collection system lines monthly, and replace a determined
number of manholes per year for 5 years. While the City is compliant in this initiative, TCEQ
will not take other enforcement measures during the agreement time. Funds will be made
available through normal operating budgets and through our Capital Improvement Project
funds.
Budget Impact:
The estimated budgetary impact for this program for Fiscal Year 2019 is an additional
$100,000. Thereafter, budgeted funds will be allocated at approximately $200,000 per year.
Recommendation:
It is recommended that City Council approve PR 20725 entering into the Sanitary Sewer
Overflow Initiative agreement with TCEQ for the Sabine Pass area.
"Remember,we are here to serve the Citizens of Port Arthur"
P. R. No. 20725
03-12-19
Page 3 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE SANITARY SEWER OVERFLOW
INITIATIVE ("SSOI") AGREEMENT RN101608024,
ENFORCEMENT CASE NUMBER 56853, BETWEEN THE
CITY OF PORT ARTHUR AND THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY FOR
THE SABINE PASS AREA.
WHEREAS, the Texas Commission on Environmental Quality (TCEQ) is the state
agency charged with enforcing Texas Water Code Ch. 26 and its regulations; and,
WHEREAS, as the City of Port Arthur owns and operates a wastewater collection
system the City has reported four (4) unauthorized discharges as a result of sanitary sewer
overflows in the Sabine Pass collection system, totaling approximately 2,000 gallons during the
period between June 2016 and May 2017; and,
WHEREAS, these discharges were due to inflow and infiltration of storm and high tide
water into the sanitary sewer system, power outages, and grease blockages; and,
WHEREAS,the City will be required to rehabilitate the System to ensure a reduction of
risk to the public health, the environment, and to comply with TCEQ requirements in lieu of
further enforcement measures; and,
WHEREAS, on October 2, 2018, TCEQ conducted a record of review of the City of
Port Arthur to determine compliance with applicable laws and regulations pertaining to
wastewater collection systems, and,
WHEREAS, the TCEQ, based on a Sanitary Sewer Overflow Initiative Plan ("SSOI")
submitted on June 4, 2018, recommended that the City of Port Arthur be placed into the SSOI
and enter into Agreement; and,
P. R. No. 20725
03-12-19
Page 2 of 3
WHEREAS, the Agreement, RN101608024, Enforcement Case No. 56853, attached as
"Exhibit A", lists the deficiencies addressed by this action and any specific technical
requirements necessary to resolve the deficiencies. NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT,the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is herein authorized to execute Agreement RN101608024,
Enforcement Case No. 56853, attached hereto as "Exhibit A", between the City of Port Arthur
and the Texas Commission on Environmental Quality (TCEQ), which requires the City to
resolve said deficiencies; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED THIS day of , 2019
at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote:
AYES: Mayor
Councilmembers
NOES:
Derrick Freeman
Mayor
P. R. No. 20725
03-12-19
Page 3 of 3
ATTEST: APPROVED AS TO FORM:
lAW bt-k—ID iAle 3
Sherri Bellard alecia T rtzer o �/
City Secretary City Attory
APPROVED FOR ADMINISTRATION:
Harvey Robinson
Interim City Manager
Dr. Hani Tohme, P.E.
Director of Public Services
t'l i (t/t))44fkL
Clifton Williams, CPPB
Purchasing Manager,
7.t_
ROVED AS TO AVAILABILITY OF FUNDS:
kez4_ 2 ,e,,,_LLe
Rebecca Underhill, CPA
Assistant City Manager/Acting Director of Finance
EXHIBIT A
Sanitary Sewer Overflow Initiative RN 1016080224
Enforcement Case No. 56853
2-19-0
Jon Niermann,Chairman
Emily Lindley,Commissioner
Toby Baker,Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
February 7, 2019
RECEIVED
The Honorable Derrick Freeman
Mayor of Port Arthur
P.O. Box 1089 FEB 1 i 2. 19
Port Arthur,Texas 77641-1089
UTILITY OPERATIONS
Re: Sanitary Sewer Overflow Initiative("SSOI") Admin.-City Hall
City of Port Arthur,Jefferson County
RN101608024
Enforcement Case No. 56853
Dear Mayor Freeman:
On October 2, 2018,a staff member from the Beaumont Regional Office conducted a record
review of the City of Port Arthur to determine compliance with applicable laws and regulations
pertaining to wastewater collection systems. Based on an SSOI Plan submitted on June 4, 2018,
it was recommended that the City of Port Arthur be placed into the SSOI.
Based on our review of the submitted SSOI Plan,we propose that the Texas Commission on
Environmental Quality and the City of Port Arthur enter into the enclosed Agreement. The
Agreement lists the deficiencies addressed by this action and any specific technical requirements
necessary to resolve the deficiencies. Please review the Agreement,affix your signature and the
date,and return it to this office within 3o days after the date of this letter.A copy of the
Agreement is provided for your files. Also,enclosed for your convenience is a return envelope.
If you observe any inaccuracies in the document,please contact us immediately so that an
amended Agreement can be considered within the 3o-day deadline. If you have any questions,
please contact Mr. Steven Van Landingham of my staff at(512) 239-5717.
Sin erely,
\5%
Lati e Eave, Manager
Enforcement Division
LE/sv
Enclosures: Original Agreement with Attachments, File Copy, Return Envelope
P.O.Box 13087 • Austin,Texas 78711-3087 • 512-239-1000 • tceq.texas.gov
How is our customer service? tceq.texas.gov/customersurvey
Texas Commission on Environmental Quality
AGREEMENT
CITY OF PORT ARTHUR
RN101608024
Enforcement Case No.56853
Jefferson County,Texas
The Texas Commission on Environmental Quality(the "TCEQ")is the state agency charged with
enforcing TEX.WATER CODE ch. 26(the"Code") and the regulations promulgated pursuant to
the Code.
The City of Port Arthur(the "City") owns and operates a wastewater collection system located in
Jefferson County,Texas(the"System").
The City has reported four unauthorized discharges as a result of sanitary sewer overflows
totaling approximately 2,000 gallons during the period between June 2016 and May 2017.
These discharges were due to inflow and infiltration of storm and high tide waters into the
System,power outages,and grease blockages.The City will be required to rehabilitate the
System to ensure a reduction of risk to the public health and the environment and to comply
with TCEQ requirements.
PROVISIONS
In response to these deficiencies and in an effort to eliminate the potential threat to public
health, the City and the TCEQ have entered into an Agreement. This Agreement formalizes the
commitments made by the City in its letter to the TCEQ dated June 4, 2018(see Attachment A).
The provisions of this Agreement are as follows:
1. By December 31, 2019, the City shall:
a. Inspect all manholes and verify inventory and condition of the System within
Phase 1(see Attachment A);
b. Clean 12,000 linear-feet of collection lines;
c. Replace 12,000 linear-feet of collection lines in Phase 1(see Attachment A)
through pipe bursting;
d. Replace 24 manholes;
e. Replace 24 service lines;and
f. Update the System map.
City of Port Arthur
Enforcement Case No.56853
Page 2
2. By December 31, 2020,the City shall:
a. Inspect all manholes and verify inventory and condition of the System within
Phase 2(see Attachment A);
b. Complete replacement of 12,000 linear-feet of gravity sewer lines through pipe
bursting and repair/replace apparent inflow sources in Phase 1(see Attachment
A);
c. Inspect and clean/repair lift stations in Phase 1 (see Attachment A);
d. Inspect and clean gravity main lines and blocked lines in Phase 1(see Attachment
A);
e. Repair/Replace deficient System components in Phase 1(see Attachment A);
f. Clean 12,000 linear-feet of collection lines;
g. Replace 24 manholes;
h. Replace 24 service lines; and
i. Update the System map.
3. By December 31, 2021,the City shall:
a. Inspect all manholes and verify inventory and condition of the System within
Phase 3(see Attachment A);
b. Clean 12,000 linear-feet of collection lines;
c. Replace 12,000 linear-feet of collection lines in Phase 2(see Attachment A)
through pipe bursting;
d. Replace 24 manholes;
e. Replace 24 service lines; and
f. Update the System map.
4. By December 31, 2022,the City shall:
a. Complete replacement of 12,000 linear-feet of gravity sewer lines through pipe
bursting and repair/replace apparent inflow sources in Phase 2 (see Attachment
A);
b. Inspect and clean/repair lift stations in Phase 2 (see Attachment A);
City of Port Arthur
Enforcement Case No. 56853
Page 3
c. Inspect and clean gravity main lines and blocked lines in Phase 2(see
Attachment A);
d. Repair/Replace deficient System components in Phase 2 (see Attachment A);
e. Clean 12,000 linear-feet of collection lines;
f. Replace 24 manholes;
g. Replace 24 service lines; and
h. Update the System map.
5. By December 31,2023,the City shall:
a. Clean 12,000 linear-feet of collection lines;
b. Replace 12,000 linear-feet of collection lines through pipe bursting in Phase 3
(see Attachment A);
c. Replace 24 manholes;
d. Replace 24 service lines; and
e. Update the System map.
6. By December 31, 2024,the City shall:
a. Complete replacement of 12,000 linear-feet of gravity sewer lines through pipe
bursting and repair/replace apparent inflow sources in Phase 3(see Attachment
A);
b. Inspect and clean/repair lift stations in Phase 3(see Attachment A);
c. Inspect and clean gravity main lines and blocked lines in Phase 3 (see
Attachment A);
d. Repair/Replace deficient System components in Phase 3 (see Attachment A);
e. Clean 12,000 linear-feet of collection lines;
f. Replace 24 manholes;
g. Replace 24 service lines;and
h. Update the System map.
City of Port Arthur
Enforcement Case No. 56853
Page 4
7. By December 31, 2019,and on an annual basis thereafter,the City shall submit a report
to the TCEQ that contains information regarding the progress of the corrective actions
contained in Provision Nos. 1 through 6.h. The reports shall include: 1)a summary of
the number of SSOs that occurred(including dates,volume, and cause); 2)specific
corrective actions that were completed; and 3) any proposed corrective actions that were
delayed or not completed, including explanations why the actions were delayed or not
completed. The report may be submitted on,or must contain the applicable information
found in,the attached TCEQ SSO Agreement Annual Progress Report(Attachment B).
8. By March 31, 2025,which signifies the expiration date of this Agreement,the City shall
submit a written Final Report that contains the following:
a. A summary of all corrective actions that have been completed in accordance with the
Provisions in this Agreement;
b. A summary of all Provisions in this Agreement that were not completed,including
reasons why specific corrective actions were delayed or not completed; and
c. A description of the overall improvement the corrective actions had on the System.
9. The Executive Director may grant an extension or modification to any provision of this
Agreement upon a written and substantiated showing of good cause. All requests for
extensions or modifications by the City shall be made in writing to the TCEQ.
Extensions or modifications are not effective until the City receives written approval
from the TCEQ.The determination of what constitutes good cause rests solely with the
TCEQ.
10. The City shall submit copies of all correspondence, reports,and documentation required
by Provision Nos. 1 through 9 to:
Order Compliance Team
Enforcement Division, MC 149A
Texas Commission on Environmental Quality
P.O. Box 13087
Austin,Texas 78711-3087
with a copy to:
Water Section Manager
Beaumont Regional Office
Texas Commission on Environmental Quality
3870 Eastex Freeway
Beaumont,Texas 77703-1830
City of Port Arthur
Enforcement Case No. 56853
Page 5
In return for the City's agreement and adherence to these terms,the TCEQ will withhold further
enforcement actions related to the noted deficiencies. Should unforeseen circumstances
indicate a need to alter the above mentioned schedule,the City must immediately notify the
TCEQ so that an amendment can be discussed.
The effective date of this Agreement is the signature date of the City's authorized representative.
Acceptance of the terms of this Agreement is indicated by the signature below.
Authorized representative of Date
City of Port Arthur
•Printed name of authorized representative Title
for City of Port Arthur
La e Eaves,Manager Date
Water Enforcement Section, Enforcement Division
Instructions: Send this signed,original Agreement to Mr. Steven Van Landingham,
Enforcement Division, MC 219,Texas Commission on Environmental Quality, P.O. Box 13087
Austin,Texas 78711-3087
ATTACHMENT B
Contents
Sanitary Sewer Overflow Agreement Annual Progress
Report
City of Port Arthur
SSOI Agreement
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