HomeMy WebLinkAboutPR 20950: TCEQ AGREEMENT City of
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INTEROFFICE MEMORANDUM
Date: August 20, 2019
To: The Honorable Mayor and City Council
Through: Ron Burton, Interim City Manager
From: Alberto Elefano, P.E.; Director of Public Works
RE: PR 20950—Proposed Agreed Order from the Texas Commission on Environmental Quality
(TCEQ)regarding non-compliance at the City Landfill. The City will participate in a
Supplemental Environmental Project(SEP). The penalty assessed is$45,570.00.
Introduction:
The intent of this Agenda Item is for City Council to authorize the City Manager to accept TCEQs Proposed
Agreed Order to participate in an SEP for non-compliance at the City of Port Arthur's(City)Landfill. The
administrative penalty assessed is $45,570.00 reduced from its original amount of$56,962.00.
Background:
TCEQ conducted an investigation December 12,2018 through December 21, 2018 at the City of Port
Arthur's Landfill facility. It was determined that the Landfill facility failed to:
• maintain an adequate amount of dirt for fire extinguishing or providing of Landfill cover;
• control windblown waste/litter at the active working face;
• maintain access roads and roadways in a clean and safe condition;
• maintain and/or install required Landfill markers and a permanent benchmark;
• repair erosion of intermediate cover;
• prevent the ponding of water along all-access roads;
• comply with the working face area of 100' x 200' for unloading of solid waste.
All the deficiencies have been addressed/corrected according to the MSW Permit No. 1815A Standard
Operating Procedures Manual. A penalty was assessed in the amount of$56,962.00. The TCEQ offered in
its enforcement action an opportunity to reduce the penalty amount by$11,392.00 to a new amount of
$45,570.00 if the City agreed to participate in a Supplemental Environmental Project(SEP). The City has
notified the TCEQ of its interest in reducing the administrative penalty by performing an SEP. The SEP
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
selected was the Collection and Cleanup of Abandoned Tires. The TCEQ has notified the City that this SEP
is acceptable and has assigned the Texas Association of Resource Conservation&Development Areas to
organize and implement the event. TCEQ will notify the City when the assessed reduced penalty amount of
$45,570.00 is due.
Budget Impact:
Funds are available in the following account: Regulatory Fees/Fines Account No. 403-1274-533.59-01 with a
budget impact of$45,570.00.
Recommendation:
It is recommended that the City of Port Arthur City Council authorizes the City Manager to approve PR 20950
accepting TCEQs Proposed Agreed Order for the participation in the SEP and payment of the reduced
administrative penalty in the amount of$45,570.00.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 * Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R.20950
08/19/2019 mje
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ)
PROPOSED AGREED ORDER TO PARTICIPATE IN A
SUPPLEMENTAL ENVIRONMENTAL PROJECT (SEP) FOR NON-
COMPLIANCE AT THE CITY OF PORT ARTHUR LANDFILL FACILITY
THEREBY REDUCING THE ORIGINAL ADMINISTRATIVE PENALTY
ASSESSED OF $56,962.00 BY $11,392.00 TO THE NEW AMOUNT
OF $45,570.00. FUNDS AVAILABLE IN THE REGULATORY
FEES/FINES ACCOUNT NO. 403-1274-533.59-01.
WHEREAS, the Texas Commission on Environmental Quality (TCEQ) conducted
an investigation of the City of Port Arthur Landfill Facility from December 12, 2018 to
December 21, 2018; and,
WHEREAS, the TCEQ determined that there were a number of deficiencies in that
the Landfill failed to maintain an adequate amount of dirt for fire extinguishing or
providing of Landfill cover, control windblown waste/litter at the active working face,
maintain access roads and roadways in a clean and safe condition, maintain and/or
install required Landfill markers and a permanent benchmark, repair erosion of
intermediate cover, prevent the ponding of water along all-access roads, and
comply with the working face area of 100'x 200'for unloading of solid waste; and,
WHEREAS, the Executive Director of the TCEQ deemed it necessary to take
enforcement action in the form of an administrative penalty in the amount of$56,962.00;
and,
P.R.20950
08/19/2019 mje
Page 2 of 4
WHEREAS, the City of Port Arthur Landfill has addressed and/or corrected all of
the deficiencies according to the MSW Permit No. 1815A Standard Operating Procedures
Manual; and,
WHEREAS, the TCEQ issued a Proposed Agreed Order to the City of Port Arthur,
Docket No. 2019-0375-MSW-E, Enforcement Case No. 57416, for settlement purposes in
light of the correction of the deficiencies, Exhibit A; and,
WHEREAS, the TCEQ proposed to reduce the administrative penalty of
$56,962.00 by $11,392.00 to a new amount of $45,570.00 on the condition that the City
of Port Arthur participates in a Supplemental Environmental Project (SEP); and,
WHEREAS, the City of Port Arthur has notified the TCEQ of its interest in reducing
the administrative penalty by participating in the SEP and has identified the SEP Collection
and Cleanup of Abandoned Tires, managed by the Texas Association of Resource
Conservation & Development Areas, a third party agency recommended by the TCEQ,
Exhibit B; and,
WHEREAS, the TCEQ has approved the City of Port Arthur's participation in the
SEP, thereby reducing the administrative penalty to the final amount of $45,570.00; 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 of the City of Port Arthur is hereby authorized to accept
the TCEQs Proposed Agreed Order for the participation in the SEP; and,
P.R.20950
08/19/2019 mje
Page 3 of 4
THAT, the City Council of the City of Port Arthur approve the reduced payment of
$45,570.00 for the SEP Collection and Cleanup of Abandoned Tires, managed by the
Texas Association of Resource Conservation & Development Areas, a third party agency
recommended by the TCEQ; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED this the day of , A.D.
2019 at a meeting of the City of Port Arthur, Texas by the following
vote: Ayes: Mayor:
Councilmembers:
Noes:
Thurman "Bill" Bartie
Mayor
Attest:
Sherri Bellard
City Secretary
P.R.20950
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APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
Valecia Tize Ron Burton
City Attorne Interim City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Kandy Daniel
Director of Finance
c _
Alberto Elefano, P.E.
Director of Public Works
411 42
Clifton illiams, CPPB
Purchasing Manager
EXHIBIT A
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Jon Niermann,Chairman _: •: .
Emily Lindley,Commissioner •
Toby Baker,Executive Director cs' Of A
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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY � °�e�
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May 29, 2019
Honorable Derrick Ford Freeman
Mayor of Port Arthur
P.O. Box 1089
Port Arthur,Texas 77641
Re: Proposed Agreed Order
City of Port Arthur; RN1oo22539o; MSW Permit No. 1815A
Docket No. 2o19-0375-MSW-E; Enforcement Case No. 57416
FOR SETTLEMENT PURPOSES ONLY
Dear Mayor Freeman:
The Executive Director of the Texas Commission on Environmental Quality("Commission"or
"TCEQ")is pursuing an enforcement action against the City of Port Arthur for violations of the
Texas Health&Safety Code and/or Commission Rules. These violations were discovered during
an investigation conducted December 12, 2018 through December 21, 2018, and documented in
a letter dated March 8, 2019,from the TCEQ Beaumont Regional Office.
Please find enclosed a proposed agreed order which we have prepared in an attempt to expedite
this enforcement action. The order assesses an administrative penalty of$56,962. We are
proposing a one-time offer to defer $11,392 of the administrative penalty if you satisfactorily
comply with all the ordering provisions within the time frames listed. Therefore,the
administrative penalty to be paid is $45,570. The order also identifies the violations that we are
addressing and identifies specific technical requirements necessary to resolve them.
If you have any questions regarding this matter,we are available to discuss them in a conference
in Austin or over the telephone. If we reach agreement in a timely manner, the TCEQ will then
proceed with the remaining procedural steps to settle this matter. These steps include
publishing notice of the proposed order in the Texas Register,and scheduling the matter for
approval by the Commission. We believe that handling this matter expeditiously could save the
City of Port Arthur and-the TCEQ a significant amount of time, as well as the expense associated
with litigation.
Enclosed for your convenience is a return envelope. If you agree with the order as proposed,
please sign and return the original order and the penalty payment (check payable to "TCEQ"
and referencing City of Port Arthur, Docket No. 2o19-o375-MSW-E) to:
P.O.Box 13087 • Austin,Texas 78711-3087 • 512-239-1000 • tceq.texas.gov
How is our customer service? tceq.texas.gov/customersurvey
Honorable Derrick Ford Freeman
Page 2
Financial Administration Division, Revenue Operations Section
Attention: Cashier's Office, MC 214
Texas Commission on Environmental Quality
P.O. Box 13088
Austin,Texas 78711-3088 •
Should you believe you are unable to pay the proposed administrative penalty,you may claim
financial inability to pay part or all of the penalty amount. Please contact us immediately to
obtain a list of financial disclosure documents that must be submitted within 3o days of the
receipt of this letter. These documents, once properly completed and submitted,will be
thoroughly reviewed to determine if we agree with the claim of financial inability. Please be
aware that if financial inability is proven to the satisfaction of staff, discussions pertaining to the
penalty amount adjustment will focus only on deferral and not on waiver of the penalty amount.
You maybe able to perform or contribute to a Supplemental Environmental Project("SEP"),
which is a project that benefits the environment,to offset a portion of your penalty. If you are
interested in performing an SEP,you must agree to the penalty amount and
submit an SEP proposal within 3o days of receipt of this proposed order. If you are
a local government you may have additional SEP options available to assist you with coming
into compliance or remediating the harm caused by the violations. A local government is
defined as a school district, county,municipality,junior college district,river authority,water
district or other special district or other political subdivision created under the constitution or a
statute of this state.
For additional information about the types of SEPs available and eligibility
criteria,please go to the TCEQ's web site link at http://www.tceq.texas.gov/legal/sep/
or contact the Enforcement Coordinator listed below.
Please note that any agreements we reach are subject to final approval in accordance with
30 TEX.ADMIN. CODE§70.10(a).
If we cannot reach a settlement of this enforcement action or you do not wish to
participate in this expedited process,we will proceed with enforcement under the
Commission's Enforcement Rules, 3o TEX.ADMIN.CODE ch. 7o. Specifically,if the
signed order and penalty are not mailed and postmarked within 6o days from the
date of this letter,your case will be forwarded to the Litigation Division and this
settlement offer, including the penalty deferral, will no longer be available. The
enforcement process described in 30 TEx.ADMIN.CODE ch. 7o requires the staff to prepare and
issue an Executive Director's Preliminary Report and Petition to the Commission. If you would
like to obtain a copy of 3o TEX.ADMIN.CODE ch. 70, or any other TCEQ rules,the rules
themselves and the agency brochure entitled Obtaining TCEQ Rules(GI-o32) are located on our
agency website at http://www.tceq.texas.gov for your reference. If you would like a hard copy of
this brochure mailed to you,you may call and request one from the Central Office Publications
Ordering Team at(512) 239-0028.
Honorable Derrick Ford Freeman
Page 3
For any questions or comments about this matter or to arrange a meeting, please contact Ms.
Stephanie McCurley of my staff at(512) 239-2607.
Sincerely,
Ja es Gradney, Manager
Enforcement Division
Texas Commission on Environmental Quality
JG/sm
Enclosures: Proposed Agreed Order, Return Envelope, Penalty Calculation Worksheet,Site
Compliance History
cc: Mr. Hani Tohme,Acting Director of Public Works, P.O. Box 1089, Port Arthur, Texas
77641
Mr. Justin Thomas,Acting Landfill Manager, City of Port Arthur Landfill, 4732 Highway
73, Port Arthur, Texas 77642
•
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
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NU% ill
IN THE MATTER OF AN § BEFORE THE
ENFORCEMENT ACTION §
CONCERNING § TEXAS COMMISSION ON
CITY OF PORT ARTHUR §
RNioo225390 § ENVIRONMENTAL QUALITY
AGREED ORDER
DOCKET NO. 2019-0375-MSW-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 Port Arthur(the "Respondent") under the authority of TEx.HEALTH
&SAFETY CODE ch. 361 and TEX.WATER CODE ch. 7. The Executive Director of the TCEQ,
through the Enforcement Division, and the Respondent together stipulate that:
1. The Respondent owns and operates a Type I landfill located at 4732 Highway 73 in Port
Arthur,Jefferson County,Texas (the "Facility"). The Facility involves or involved the
management of municipal solid waste("MSW") as defined in TEx.HEALTH&SAFETY
CODE ch. 361.
2. The Executive Director and the Respondent agree that the TCEQ has jurisdiction to enter
this Order pursuant to TEX.WATER CODE§§7.002, 7.051, and 7.073, and that the
Respondent is subject to TCEQ's jurisdiction. The TCEQ has jurisdiction in this matter
pursuant to TEX.WATER CODE§5.013 because it alleges violations of TEX.HEALTH&
SAFETY CODE ch. 361 and the rules of the TCEQ.
3. The occurrence of any violation is in dispute and the entry of this Order shall not
constitute an admission by the Respondent of any violation alleged in Section II
("Allegations"), nor of any statute or rule.
4. An administrative penalty in the amount of$56,962 is assessed by the Commission in
settlement of the violations alleged in Section II ("Allegations"). The Respondent paid
$45,570 of the penalty and$11,392 is deferred contingent upon the Respondent's timely
and satisfactory compliance with all the terms of this Order. The deferred amount shall
be waived only upon full compliance with all the terms and conditions contained in this
Order. If the Respondent fails to timely and satisfactorily comply with any of the terms
or requirements contained in this Order,the Executive Director may demand payment of
all or part of the deferred penalty amount.
5. 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§ 70.10(a). Any notice and procedures,which might otherwise be authorized or
City of Port Arthur
DOCKET NO. 2019-0375-MSW-E
Page 2
required in this action, are waived in the interest of a more timely resolution of the
matter.
6. 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 Order.
7. This Order represents the complete and fully-integrated agreement of the parties. The
provisions of this Order are deemed severable and,if a court of competent jurisdiction or
other appropriate authority deems any provision of this Order unenforceable, the
remaining provisions shall be valid and enforceable.
8. This Order shall terminate five years from its effective date or upon compliance with all
the terms and conditions set forth in this Order,whichever is later.
II.ALLEGATIONS
During an investigation conducted December 12, 2018 through December 21, 2018, an
investigator documented that the Respondent:
1. Failed to maintain a source of earthen material in such a manner that it is available at all
times to extinguish any fires, in violation of 3o TEx.ADMIN. CODE§330.129 and MSW
Permit No. 1815A,Site Operating Plan("SOP"), Section 6.1 Fire Prevention Procedures.
Specifically, the Facility did not maintain enough earthen material(at least 370 cubic
yards)from the supplier to cover the working face within one hour.
2. Failed to control windblown waste and litter at the active working face,in violation of 3o
TEx.ADMIN.CODE§330.139(1) and(2) and MSW Permit No. 1815A, SOP, Section 4.5
Control of Windblown Wastes and Litter. Specifically,windblown wastes and litter were
observed throughout the active working face of cell 48 and along all four side slopes of
the Facility.
3. Failed to maintain all-weather access roads and other access roadways in a clean and
safe condition, in violation of 3o TEX.ADMIN.CODE§330.153 and MSW Permit No.
1815A,SOP, Section 4.11 Maintenance of Site Access Roads. Specifically,potholes,ruts,
and depressions were observed on the site access roads at the Facility and stockpiles of
material suitable for maintaining passable on-site roads were not available for use.
4. Failed to provide adequate landfill cover, in violation of 3o TEx.ADMIN.CODE
§330.165(a), (c), and(d)and MSW Permit No. 1815A, SOP, Sections 4.17.2 Daily Cover
and 4.17.3 Intermediate Cover. Specifically,tarps were used to provide alternate daily
cover to the face of active cell 48,no stockpile of earthen material was available to use for
daily cover, and intermediate cover at the Facility did not contain at least twelve inches
of suitable earthen material resulting in exposed waste.
5. Failed to install and maintain required landfill markers and a permanent benchmark, in
violation of 3o TEx.ADMIN. CODE§330.143 and MSW Permit No. 1815A,SOP, Section
4.7 Landfill Markers and Benchmark. Specifically,black facility boundary markers,
yellow buffer zone markers, green easement and rights-of-way markers, most of the
City of Port Arthur
DOCKET NO. 2019-0375-MSW-E
Page 3
white landfill grid system markers, red soil liner or geomembrane liner area markers,
blue 100-year flood protection markers, and a permanent benchmark which includes a
bronze survey marker set in concrete were missing.
6. Failed to repair erosion of intermediate cover within five days of detection, in violation of
30 TEx.ADMIN. CODE§330.165(g) and MSW Permit No. 1815A, SOP, Section 4.17.5
Erosion of Cover. Specifically, erosion was observed in cells 46,47, and 48.
7. Failed to prevent the ponding of water at the Facility, in violation of 3o TEx.ADMIN.
CODE§330.167 and MSW Permit No. 1815A, SOP, Section 4.18 Ponded Water.
Specifically, ponded water was observed along the all-access weather roads.
8. Failed to unload solid waste into as small an area as practical as specified in the SOP, in
violation of 3o TEx.ADMIN.CODE§§330.121(a) and 330.133(a)and MSW Permit No.
1815A,SOP,Section 4.2 Unloading Wastes. Specifically,the SOP specifies a working face
area of loo feet by 200 feet; however,the working face was 300 feet by 400 feet.
III. DENIALS
The Respondent generally denies each allegation in Section II ("Allegations").
IV. ORDERING PROVISIONS
NOW,THEREFORE,THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ORDERS
that:
1. The Respondent is assessed a penalty as set forth in Section I, Paragraph No.4. The
payment of this penalty and the Respondent's compliance with all of the requirements
set forth in this 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. Penalty payments shall be made payable to"TCEQ"
and shall be sent with the notation"Re: City of Port Arthur, Docket No. 2019-0375-
MSW-E"to:
Financial Administration Division, Revenue Operations Section
Attention: Cashier's Office, MC 214
Texas Commission on Environmental Quality
P.O. Box 13088
Austin,Texas 78711-3088
2. The Respondent shall undertake the following technical requirements:
a. Within 3o days after the effective date of this Agreed Order:
i. Provide suitable material for the roads and actively maintain them in safe
and clean conditions, in accordance with 3o TEx.ADMIN.CODE§330.153
and MSW Permit No. 1815A, SOP Section 4.11 Maintenance of Site Access
Roads;
City of Port Arthur
DOCKET NO. 2019-0375-MSW-E
Page 4
ii. Conduct training and implement procedures designed to ensure that the
Facility provides adequate daily and intermediate cover for the active and
inactive disposal cells,in accordance with 3o TEx.ADMIN.CODE§330.165
and MSW Permit No. 1815A,SOP Sections 4.17.2 Daily Cover and 4.17.3
Intermediate Cover;
iii. Develop and implement procedures to prevent water from ponding at the
Facility, in accordance with 3o TEX.ADMIN. CODE§330.167 and MSW
Permit No. 1815A, SOP Section 4.18 Ponded Water;
iv. Remove all ponded water and regrade the area where ponding occurred,
in accordance with 3o TEx.ADMIN. CODE§330.167 and MSW Permit No.
1815A, SOP Section 4.18 Ponded Water;
v. Ensure that at least 37o cubic yards of earthen material are available for
fire suppression,in accordance with 3o TEx.ADMIN. CODE§330.129 and
MSW Permit No. 1815A,SOP Section 6.1 Fire Prevention Procedures;
vi. Install and maintain all required landfill markers at the Facility including,
but not limited to,black facility boundary markers,yellow buffer zone
markers,green easement and rights-of-way markers,white landfill grid
system markers, red soil liner or geomembrane liner area markers,blue
100-year flood protection markers, and a permanent benchmark at the
Facility, in accordance with 3o TEx.ADMIN. CODE§330.143 and MSW
Permit No. 1815A,SOP Section 4.7 Landfill Markers and Benchmarker;
vii. Maintain the size of the working face in accordance with the SOP,in
accordance with 3o TEx.ADMIN.CODE§330.133 and MSW Permit No.
1815A, SOP Section 4.2 Unloading Wastes;
viii. Implement procedures for controlling windblown waste and litter,in
accordance with 3o TEx.ADMIN.CODE§330.139 and MSW Permit No.
1815A, SOP Section 4.5 Control of Windblown Wastes and Litter;
ix. Remove windblown litter and return it to the active face, in accordance
with 30 TEX.ADMIN.CODE§330.139 and MSW Permit No. 1815A,SOP
Section 4.5 Control of Windblown Wastes and Litter;
x. Implement procedures designed to ensure that erosion is repaired within
five days of detection, in accordance with 30 TEX.ADMIN.CODE§330.165
and MSW Permit No. 1815A, SOP Section 4.17.5 Erosion of Cover;and
xi. Repair erosion observed near cells 46,47, and 48, in accordance with 3o
TEX.ADMIN. CODE§330.165 and MSW Permit No. 1815A, SOP Section
4.17.5 Erosion of Cover.
b. Within 45 days after the effective date of this Order,submit written certification,
and include detailed supporting documentation including photographs, receipts,
and/or other records to demonstrate compliance with Ordering Provision Nos.
City of Port Arthur
DOCKET NO. 2019-0375-MSW-E
Page 5
2.a.i through 2.a.xi. The certification shall be signed by the Respondent and shall
include the following certification language:
"I certify under penalty of law that I have personally examined and
am familiar with the information submitted and all attached
documents, and that based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe
that the submitted information is 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:
Order Compliance Team
Enforcement Division, MC 149A
Texas Commission on Environmental Quality
P.O. Box 13087
Austin,Texas 78711-3087
with a copy to:
Waste Section Manager
Beaumont Regional Office
Texas Commission on Environmental Quality
3870 Eastex Freeway
Beaumont,Texas 77703-1830
3. All relief not expressly granted in this Order is denied.
4. The duties and provisions imposed by this Order shall apply to and be binding upon the
Respondent. The Respondent is ordered to give notice of this Order to personnel who
maintain day-to-day control over the Facility operations referenced in this Order.
5. If the Respondent fails to comply with any of the Ordering Provisions in this 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 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.
6. The Executive Director may grant an extension of any deadline in this Order or in any
plan, report, or other document submitted pursuant to this 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. Extension
requests shall be sent to the Order Compliance Team at the address listed above.
•
City of Port Arthur
DOCKET NO. 2019-0375-MSW-E
Page 6
'. This 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 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.
8. This Order may be executed in separate and multiple counterparts,which together shall
constitute a single instrument. Any page of this 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 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.
9. 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 Port Arthur
DOCKET NO. 2019-0375-MSW-E
Page 7
SIGNATURE PAGE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
For the Commission Date
For the Executive Director Date
I,the undersigned, have read and understand the attached Order. I am authorized to agree to
the attached Order, 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 Date
Name (Printed or typed) Title
Authorized Representative of
City of Port Arthur •
❑ If mailing address has changed,please check this box and provide the new address below:
Instructions: Send the original,signed Order with penalty payment to the Financial Administration Division,
Revenue Operations Section at the address in Ordering Provision i of this Order.
EXHIBIT B
T 3f 'i{I�i.��������II J,�1 '.i.11�,� ,it(•!�'�1L! �1 LEGOFFICE AL SERVICES
RESPONDENT APPLICATION TO CONTRIBUTE 512.239.0600
sepreports@tceq.texas.gov
TO A THIRD PARTY SEP ADMINISTRATOR
1. RESPONDENT INFORMATION
Respondent Name: (Legal name of org): airy OF PURI ARTHUR, TEXAS
Respondent's Contact Person: Al,,TE?IW jFER £DwA RDS Application date: 7-z4_z/!q
TCEQ Docket No.: ZOi(�_D37,,''��_Msw_.�. Telephone: yD�_9g3 !B,b p
Email: Jnniftrt t wal"+�.5 ® Enforcement Case No: 00
,portarr''�r-X go 57ii16
Enforcement Coordinator: STEPHA hiIE Ate CUR LEy? County: SEFFeRS01V
Payable Penalty Amount: $45� 570,oo SEP Offset Amount: s q 5?O va
2. PROPOSED SEP
A list of all TCEQ Pre-Approved SEPs, as well as lists of Eligible SEPs by County and Statewide SEPs, can be viewed on the TCEQ
Website, https://www.tceo.gov/legal/sep/available seps.html. Once you access the list of Eligible SEPs by County, you can scroll
down to your county and view a list of projects from which to choose. Statewide SEPs means that the projects are performed in any
county in the State of Texas.
How do you want to distribute your contribution? Please enter the information in the table(s) below:
Third-Party Administrator(Required) Project Title Amount
TXAS ASSOC.. OF RC k.b Aft.ERS _2012-03-TIRE COLLECT-ion'lag-1)141)P ilS, 570,'_'5'
You may choose to contribute up to two (2) additional SEPs. Minimal contribution for each additional SEP is $5,000. If you
elect to contribute to multiple SEPs, list each additional Third-Party Administrator and project separately below:
Third-Party Administrator (Optional) Project Title Amount
3. PREVIOUS COMMITMENT CERTIFICATION: NO SEPARATE REQUIREMENT OR PRIVATE COMMITMENTS
I certify on behalf of the Respondent that the Respondent has not previously committed to perform this project including a previous
or pre-existing obligation to make the proposed contribution:
a. under any applicable local, state, or federal regulations that would require implementation of this project or any part of this
project; or
b. as a part of:
i. a pollution prevention commitment identified in a plan developed pursuant to the state's prevention programs; or
ii. a commitment made under the Clean Texas Program; or
iii. the U.S. Environmental Protection Agency's Project XL or any other incentive or regulatory flexibility program; or
c. as part of a pledge or other promise of payment to the receiving organization where the promise of payment pre-existed
submittal of this application
(Visit http://www.tceq.texas.gov/p2/pollution prevention.html for links and information about the State's pollution prevention
programs)
Certification statement: Please accept this contribution plan as a certification that (1) the information is true and correct, and
(2) that the proposed project is bein undertaken solely as part of the settlement of the enforcement action.
d,
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Name itle Date ALSERTO ELCF4(\lO
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Printed Name
1 of 1
TCEQ-20669
EXHIBIT C
Yel
Jon Niermann,Chairman Y
Emily Lindley,Commissioner
Toby Baker,Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
August 1, 2019
Honorable Thurman"Bill" Bartie
Mayor of Port Arthur
P.O. Box 1089
Port Arthur, Texas 77641
Re: Revised Proposed Agreed Order
City of Port Arthur; RN100225390
Docket No. 2019-0375-MSW-E; Enforcement Case No.57416
FOR SETTLEMENT PURPOSES ONLY
Dear Mayor Bartie:
In the cover letter for the proposed agreed order mailed out to the City of Port Arthur on May
29, 2019,the City of Port Arthur was given an opportunity to propose a Supplemental
Environmental Project("SEP")to offset a portion of the assessed penalty. Your proposed SEP
has been reviewed and has been incorporated in the enclosed revised proposed agreed order.
Please note that agreed orders are subject to final approval by the Commission and the SEP
offset amount of$45,570 must not be paid to the SEP Third-Party Administrator until the
Commission has approved the agreed order.
If you agree with the revised order as proposed,please sign and return this order with an
original signature before August 14, 2019 to:
Ms. Stephanie McCurley, Enforcement Coordinator
Waste Enforcement Section, MC 219
Enforcement Division
Texas Commission on Environmental Quality
P.O. Box 13087
Austin,Texas 78711-3087
You will be notified when your order has been approved. Enclosed for your convenience is a
return envelope. If the signed order is not mailed and postmarked by August 14, 2019,we will
assume that you have elected to participate in the more extended enforcement process described
in previous correspondence, and we will proceed accordingly. Your case will be forwarded to the
Litigation Division and this settlement offer, including the penalty deferral and possibly the
SEP,will no longer be available.
P.O.Box 13087 • Austin,Texas 78711-3087 • 512-239-1000 • tceq.texas.gov
How is our customer service? tceq.texas.gov/customersurvey
.. 't 9Mrr O 92744 Fr;P
Honorable Derrick Ford Freeman
Page 2
If you have any questions regarding these matters, please contact Ms. Stephanie McCurley of my
staff at(512) 239-2607.
Sincerely,
4 )(15kd
James Gradney, Manager
Enforcement Division
Texas Commission on Environmental Quality
JG/sm
Enclosure: Revised Proposed Agreed Order
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
EN_
IN THE MATTER OF AN § BEFORE THE
ENFORCEMENT ACTION §
CONCERNING § TEXAS COMMISSION ON
CITY OF PORT ARTHUR §
RNioo225390 § ENVIRONMENTAL QUALITY
AGREED ORDER
DOCKET NO. 2019-0375-MSW-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 Port Arthur(the "Respondent") under the authority of TEX. HEALTH
&SAFETY CODE ch. 361 and TEX.WATER CODE ch. 7. The Executive Director of the TCEQ,
through the Enforcement Division,and the Respondent together stipulate that:
1. The Respondent owns and operates a Type I landfill located at 4732 Highway 73 in Port
Arthur,Jefferson County,Texas (the "Facility"). The Facility involves or involved the
management of municipal solid waste("MSW") as defined in TEX.HEALTH&SAFETY
CODE ch.361.
2. The Executive Director and the Respondent agree that the TCEQ has jurisdiction to enter
this Order pursuant to TEX.WATER CODE§§7.002, 7.051, and 7.073,and that the
Respondent is subject to TCEQ's jurisdiction. The TCEQ has jurisdiction in this matter
pursuant to TEX.WATER CODE§5.013 because it alleges violations of TEX.HEALTH&
SAFETY CODE ch. 361 and the rules of the TCEQ.
3. The occurrence of any violation is in dispute and the entry of this Order shall not
constitute an admission by the Respondent of any violation alleged in Section II
("Allegations"), nor of any statute or rule.
4. An administrative penalty in the amount of$56,962 is assessed by the Commission in
settlement of the violations alleged in Section II("Allegations"). The amount of$11,392
is deferred contingent upon the Respondent's timely and satisfactory compliance with all
the terms of this Order and shall be waived only upon full compliance with all the terms
and conditions of this Order. If the Respondent fails to timely and satisfactorily comply
with any of the terms and conditions contained in this Order, the Executive Director may
demand payment of all or part of the deferred penalty amount.
Pursuant to TEX.WATER CODE§ 7.067, $45,570 of the penalty shall be conditionally
offset by the Respondent's timely and satisfactory completion of a Supplemental
Environmental Project("SEP") as defined in the attached SEP Agreement("Attachment
A", incorporated herein by reference). The Respondent's obligation to pay the
City of Port Arthur
DOCKET NO. 2019-0375-MSW-E
Page 2
conditionally offset portion of the penalty shall be discharged upon full compliance with
all the terms and conditions of this Order,which includes the timely and satisfactory
completion of all provisions of the SEP Agreement, as determined by the Executive
Director.
5. 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§70.10(a). 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.
6. 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 Order.
7. This Order represents the complete and fully-integrated agreement of the parties. The
provisions of this Order are deemed severable and, if a court of competent jurisdiction or
other appropriate authority deems any provision of this Order unenforceable, the
remaining provisions shall be valid and enforceable.
8. This Order shall terminate five years from its effective date or upon compliance with all
the terms and conditions set forth in this Order,whichever is later.
II.ALLEGATIONS
During an investigation conducted December 12, 2018 through December 21, 2018, an
investigator documented that the Respondent:
1. Failed to maintain a source of earthen material in such a manner that it is available at all
times to extinguish any fires, in violation of 3o TEx.ADMIN.CODE§330.129 and MSW
Permit No. 1815A,Site Operating Plan("SOP"),Section 6.1 Fire Prevention Procedures.
Specifically,the Facility did not maintain enough earthen material(at least 370 cubic
yards)from the supplier to cover the working face within one hour.
2. Failed to control windblown waste and litter at the active working face, in violation of 3o
TEX.ADMIN.CODE§330.139(1) and (2) and MSW Permit No. 1815A,SOP, Section 4.5
Control of Windblown Wastes and Litter. Specifically,windblown wastes and litter were
observed throughout the active working face of cell 48 and along all four side slopes of
the Facility.
3. Failed to maintain all-weather access roads and other access roadways in a clean and
safe condition, in violation of 30 TEx.ADMIN.CODE§330.153 and MSW Permit No.
1815A, SOP, Section 4.11 Maintenance of Site Access Roads. Specifically, potholes, ruts,
and depressions were observed on the site access roads at the Facility and stockpiles of
material suitable for maintaining passable on-site roads were not available for use.
4. Failed to provide adequate landfill cover,in violation of 3o TEx.ADMIN.CODE
§330.165(a), (c),and(d) and MSW Permit No. 1815A, SOP, Sections 4.17.2 Daily Cover
and 4.17.3 Intermediate Cover. Specifically,tarps were used to provide alternate daily
City of Port Arthur
DOCKET NO. 2019-0375-MSW-E
Page 3
cover to the face of active cell 48, no stockpile of earthen material was available to use for
daily cover, and intermediate cover at the Facility did not contain at least twelve inches
of suitable earthen material resulting in exposed waste.
5. Failed to install and maintain required landfill markers and a permanent benchmark, in
violation of 3o TEx.ADMIN.CODE§330.143 and MSW Permit No. 1815A, SOP, Section
4.7 Landfill Markers and Benchmark. Specifically,black facility boundary markers,
yellow buffer zone markers,green easement and rights-of-way markers, most of the
white landfill grid system markers, red soil liner or geomembrane liner area markers,
blue 100-year flood protection markers, and a permanent benchmark which includes a
bronze survey marker set in concrete were missing.
6. Failed to repair erosion of intermediate cover within five days of detection, in violation of
3o TEX.ADMIN.CODE§330.165(g) and MSW Permit No. 1815A, SOP, Section 4.17.5
Erosion of Cover. Specifically, erosion was observed in cells 46,47, and 48.
7. Failed to prevent the ponding of water at the Facility, in violation of 30 TEx.ADMIN.
CODE§330.167 and MSW Permit No. 1815A, SOP, Section 4.18 Ponded Water.
Specifically, ponded water was observed along the all-access weather roads.
8. Failed to unload solid waste into as small an area as practical as specified in the SOP, in
violation of 3o TEx.ADMIN.CODE§§330.121(a) and 330.133(a) and MSW Permit No.
1815A, SOP, Section 4.2 Unloading Wastes. Specifically, the SOP specifies a working face
area of 100 feet by 200 feet; however,the working face was 300 feet by 400 feet.
III. DENIALS
The Respondent generally denies each allegation in Section II ("Allegations").
IV. ORDERING PROVISIONS
NOW,THEREFORE,THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ORDERS
that:
1. The Respondent is assessed a penalty as set forth in Section I, Paragraph No. 4. The
payment of this penalty and the Respondent's compliance with all of the requirements
set forth in this 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. Penalty payments shall be made payable to "TCEQ"
and shall be sent with the notation "Re: City of Port Arthur, Docket No. 2019-0375-
MSW-E"to:
Financial Administration Division, Revenue Operations Section
Attention: Cashier's Office, MC 214
Texas Commission on Environmental Quality
P.O. Box 13088
Austin,Texas 78711-3088
2. The Respondent shall implement and complete an SEP as set forth in Section I,
Paragraph No. 4. The amount of$45,570 of the assessed penalty is conditionally offset
City of Port Arthur
DOCKET NO. 2019-0375-MSW-E
Page 4
based on the Respondent's implementation and completion of the SEP pursuant to the
terms of the SEP Agreement, as defined in Attachment A. Penalty payments for any
portion of the SEP deemed by the Executive Director as not complete shall be paid
within 3o days after the date the Executive Director demands payment.
3. The Respondent shall undertake the following technical requirements:
a. Within 3o days after the effective date of this Agreed Order:
i. Provide suitable material for the roads and actively maintain them in safe
and clean conditions, in accordance with 30 TEx.ADMIN.CODE§330.153
and MSW Permit No. 1815A, SOP Section 4.11 Maintenance of Site Access
Roads;
ii. Conduct training and implement procedures designed to ensure that the
Facility provides adequate daily and intermediate cover for the active and
inactive disposal cells, in accordance with 3o TEx.ADMIN.CODE§330.165
and MSW Permit No. 1815A, SOP Sections 4.17.2 Daily Cover and 4.17.3
Intermediate Cover;
iii. Develop and implement procedures to prevent water from ponding at the
Facility, in accordance with 30 TEX.ADMIN.CODE§330.167 and MSW
Permit No. 1815A,SOP Section 4.18 Ponded Water;
iv. Remove all ponded water and regrade the area where ponding occurred,
in accordance with 30 TEx.ADMIN.CODE§330.167 and MSW Permit No.
1815A, SOP Section 4.18 Ponded Water;
v. Ensure that at least 370 cubic yards of earthen material are available for
fire suppression, in accordance with 30 TEX.ADMIN.CODE§330.129 and
MSW Permit No. 1815A,SOP Section 6.1 Fire Prevention Procedures;
vi. Install and maintain all required landfill markers at the Facility including,
but not limited to,black facility boundary markers,yellow buffer zone
markers,green easement and rights-of-way markers,white landfill grid
system markers, red soil liner or geomembrane liner area markers,blue
100-year flood protection markers,and a permanent benchmark at the
Facility,in accordance with 30 TEX.ADMIN. CODE§330.143 and MSW
Permit No. 1815A,SOP Section 4.7 Landfill Markers and Benchmarker;
vii. Maintain the size of the working face in accordance with the SOP, in
accordance with 30 TEX.ADMIN. CODE§330.133 and MSW Permit No.
1815A, SOP Section 4.2 Unloading Wastes;
viii. Implement procedures for controlling windblown waste and litter, in
accordance with 3o TEx.ADMIN.CODE§330.139 and MSW Permit No.
1815A, SOP Section 4.5 Control of Windblown Wastes and Litter;
City of Port Arthur
DOCKET NO. 2019-0375-MSW-E
Page 5
ix. Remove windblown litter and return it to the active face, in accordance
with 30 TEX.ADMIN.CODE§330.139 and MSW Permit No. 1815A, SOP
Section 4.5 Control of Windblown Wastes and Litter;
x. Implement procedures designed to ensure that erosion is repaired within
five days of detection, in accordance with 30 TEX.ADMIN.CODE§330.165
and MSW Permit No. 1815A,SOP Section 4.17.5 Erosion of Cover; and
xi. Repair erosion observed near cells 46, 47, and 48,in accordance with 3o
TEX.ADMIN.CODE§330.165 and MSW Permit No. 1815A, SOP Section
4.17.5 Erosion of Cover.
b. Within 45 days after the effective date of this Order,submit written certification,
and include detailed supporting documentation including photographs, receipts,
and/or other records to demonstrate compliance with Ordering Provision Nos.
3.a.i through 3.a.xi. The certification shall be signed by the Respondent and shall
include the following certification language:
"I certify under penalty of law that I have personally examined and
am familiar with the information submitted and all attached
documents, and that based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe
that the submitted information is 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:
Order Compliance Team
Enforcement Division, MC 149A
Texas Commission on Environmental Quality
P.O. Box 13087
Austin,Texas 78711-3087
with a copy to:
Waste Section Manager
Beaumont Regional Office
Texas Commission on Environmental Quality
387o Eastex Freeway
Beaumont,Texas 77703-1830
4. All relief not expressly granted in this Order is denied.
5. The duties and provisions imposed by this Order shall apply to and be binding upon the
Respondent. The Respondent is ordered to give notice of this Order to personnel who
maintain day-to-day control over the Facility operations referenced in this Order.
City of Port Arthur
DOCKET NO. 2019-0375-MSW-E
Page 6
6. If the Respondent fails to comply with any of the Ordering Provisions in this 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 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.
'. The Executive Director may grant an extension of any deadline in this Order or in any
plan, report, or other document submitted pursuant to this 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. Extension
requests shall be sent to the Order Compliance Team at the address listed above.
8. This 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 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.
9. This Order may be executed in separate and multiple counterparts,which together shall
constitute a single instrument. Any page of this 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 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.
10. 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 Port Arthur
DOCKET NO. 2019-0375-MSW-E
Page 7
SIGNATURE PAGE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
For the Commission Date
For the Executive Director Date
I,the undersigned, have read and understand the attached Order. I am authorized to agree to
the attached Order, 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 Date
Name (Printed or typed) Title
Authorized Representative of
City of Port Arthur
❑ If mailing address has changed,please check this box and provide the new address below:
Instructions: Send the original,signed Order with penalty payment to the Financial Administration Division,
Revenue Operations Section at the address in Ordering Provision i of this Order.
Attachment A
Docket Number: 2019-0375-MSW-E
SUPPLEMENTAL ENVIRONMENTAL PROJECT
Respondent: City of Port Arthur
Payable Penalty Amount: $45,570
SEP Offset Amount: $45,570
Type of SEP: Contribution to a Third-Party Pre-Approved SEP
Third-Party Administrator: Texas Association of Resource Conservation and
Development Areas, Inc.
Project Name: Tire Collection Events and Cleanup of
Abandoned Tire Sites
Location of SEP: Jefferson County: Neches River Basin, Gulf
Coast Aquifer
The Texas Commission on Environmental Quality("TCEQ") agrees to offset the
administrative penalty amount assessed in this Agreed Order for the Respondent to
contribute to a Supplemental Environmental Project ("SEP"). The offset is equal to the
SEP Offset Amount set forth above and is conditioned upon completion of the project in
accordance with the terms of this Attachment A.
1. Project Description
a. Project
The Respondent shall contribute the SEP Offset Amount to the Third-Party
Administrator named above. The contribution will be to the Texas Association of
Resource Conservation and Development Areas, Inc. ("RC&D") for the Tire
Collection Events and Cleanup of Abandoned Tire Sites project. The contribution will be
used in accordance with the SEP Agreement between the Third-Party Administrator and
the TCEQ (the "Project"). Specifically, the SEP Offset Amount will be used to coordinate
with local city and county government officials and private entities ("Partner Entities") to
conduct tire collection events where residents will be able to drop off tires for proper
disposal or recycling ("Collection Events"), or to clean sites where tires have been
disposed of illegally ("Site Cleanups").
Texas RC&D shall ensure that collected tires, debris, and waste are properly transported
to and disposed at an authorized disposal site, and if a licensed hauler is needed for tires
or other regulated waste collected from sites, Texas RC&D shall ensure that only properly
licensed haulers are used for transport and disposal of tires and regulated wastes. The
SEP will be performed in accordance with all federal, state, and local environmental laws
and regulations.
Page 1 of 4
City of Port Arthur
Agreed Order-Attachment A
All dollars contributed will be used solely for the direct cost of the Project, including but
not limited to supplies, materials, and equipment. Any portion of this contribution that
is not able to be spent on the specifically identified SEP may, at the discretion of the
Executive Director ("ED"),be applied to another pre-approved SEP.
The Respondent's signature affixed to this Agreed Order certifies that it has no prior
commitment to make this contribution and that it is being contributed to settle this
enforcement action. The Respondent shall not profit in any manner from this SEP.
b. Environmental Benefit
This SEP will provide an environmental benefit by providing communities with a free
and convenient means for safe and proper disposal of tires and by reducing the dangers
and health threats associated with illegally dumped tires.
The health risks associated with illegal dumping are significant. Areas used for illegal
tire dumping may be easily accessible to people, especially children,who are vulnerable
to the physical hazards posed by abandoned tires. Rodents, insects, and other vermin
attracted to dump sites may also pose health risks. Tire dump sites which contain scrap
tires pose an ideal breeding ground for mosquitoes, which can breed 100 times faster in
the warm, stagnant water standing in scrap tire casings. Severe illnesses, including West
Nile Virus, have been attributed to disease-carrying mosquitoes. The potential for tire
fires is also reduced by removing illegally dumped tires. Tire fires can result in the
contamination of air, surface water, ground water, and soil. In addition, neighborhoods
have been evacuated and property damage has been significant due to tire dump sites
that caught fire. Illegal tire dumping can also impact drainage of runoff, making areas
more susceptible to flooding when wastes block waterways. Open burning at tire dump
sites can cause forest fires and erosion as fires burn away trees and undergrowth. Tire
dumping has a negative impact on trees and wildlife, and runoff from tire dumpsites may
contain chemicals that can contaminate wells and surface water used for drinking.
c. Minimum Expenditure
The Respondent shall contribute at least the SEP Offset Amount to the Third-Party
Administrator and comply with all other provisions of this SEP.
2. Performance Schedule
Within 3o days after the effective date of this Agreed Order,the Respondent must
contribute the SEP Offset Amount to the Third-Party Administrator. The Respondent
shall make the check payable to Texas Association of RC&D SEP and shall mail the
contribution with a copy of the Agreed Order to:
Page 2 of 4
City of Port Arthur
Agreed Order -Attachment A
Texas Association of RC&D Areas, Inc.
Attn.: Jerry Pearce, Executive Director
P.O. Box 2533
Victoria, Texas 77902
3. Records and Reporting
Concurrent with the payment of the SEP Offset Amount,the Respondent shall provide
the Enforcement SEP Coordinator with a copy of the check and transmittal letter
indicating full payment of the SEP Offset Amount to the Third-Party Administrator. The
Respondent shall mail a copy of the check and transmittal letter to:
Texas Commission on Environmental Quality
Enforcement Division
Attention: SEP Coordinator, MC 219
P.O. Box 13087
Austin, Texas 78711-3087
4. Failure to Fully Perform
If the Respondent does not perform its obligations under this Attachment A, including
full expenditure of the SEP Offset Amount, as described in Sections 2 and 3 above,the
ED may require immediate payment of all or part of the SEP Offset Amount.
In the event the ED determines that the Respondent failed to fully implement and
complete the Project, the Respondent shall remit payment for all or a portion of the SEP
Offset Amount, as determined by the ED, and as set forth in the attached Agreed Order.
After receiving notice of failure to complete the SEP, the Respondent shall include the
docket number of the attached Agreed Order and a note that the enclosed payment is for
the reimbursement of a SEP. The Respondent shall make the check payable to "Texas
Commission on Environmental Quality," and shall mail it to:
Texas Commission on Environmental Quality
Litigation Division
Attention: SEP Coordinator, MC 175
P.O. Box 13087
Austin, Texas 78711-3087
5. Publicity
Any public statements concerning this SEP and/or project, made by or on behalf of the
Respondent must include a clear statement that the project was performed as part
of the settlement of an enforcement action brought by the TCEQ. Such
statements include advertising, public relations, and press releases.
Page 3 of 4
City of Port Arthur
Agreed Order-Attachment A
6. Recognition
The Respondent may not seek recognition for this contribution in any other state or
federal regulatory program.
7. Other SEPs by TCEQ or Other Agencies
The SEP Offset Amount identified in this Attachment A and in the attached Agreed Order
has not been, and shall not be, included as a SEP for the Respondent under any other
Agreed Order negotiated with the TCEQ or any other agency of the state or federal
government.
Page 4 of 4