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HomeMy WebLinkAboutPR 14743: TCEQ - WASTEWATER TREATMENT PLANTl interoffice MEMORANDUM To: Mayor, City Council, and City Manager / From: Mark T. Sokolow, City Attorney ~'Lw.il ~/~j~0^~ Subject: P. R. No. 14743; June 3, 2008 Council Meeting Date: May 28, 2008 Attached is P. R. No. 14743 as it pertains to an Agreed Order with the Texas Commission on Environmental Quality as it pertains to the Wastewater Treatment Plant. This Order needs to be signed as soon as possible. MTS:gt Attachment cc: Director of Utility Operations VIA FACSIMILE (409)-985-2833 Carl Parker THE PARKER LAW FIRM VIA FACSIMILE (512) 239-0134 Pamela Campbell TCEQ - Enforcement Division z.pr14743.memo P. R. No. 14743 05/27/08 is RESOLUTION-NO. A RESOLUTION AS IT PERTAINS TO AN AGREED ORDER WITH THE TEXAS COMMISSION ON fiNVIRONMSNTAL QUALITY AS IT PERTAINS TO THE WASTEWATER TREATMENT PLANT WHEREAS, a Notice of Enforcement Action was filed against the City of Port Arthur for the wastewater treatment facility located at 5137 South 4th Avenue; and WHEREAS, it is in the best interest of the citizens of Port Arthur to sign an Agreed Order, Docket No. 2007-0787-MWD-E, with the Texas Commission of Environmental Quality in substantially the same form as attached hereto as Exhibit "A" NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is herein authorized to execute the Agreed Order, Docket No. 2007-0787-MWD-E, in substantially the same form as attached hereto as Exhibit "A" Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2008, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: z.pr14743 Mayor Councilmembers NOES: MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM: / ~t~/J CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.pr14743 EXHIBIT "A" i ,~ t Buddy Carcia, Chairman Larry R. Soward, Commissioner Bryan W. Shaw. Ph.A.. Commissioner. Clenn Shankle, ~recufiae Director ~~ t` 'St ~ ~,` TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Arot¢cling Texas by Reducing and Nreaenting Pollation May 14, 2008 t `'~.Vl[' CERTIFIED MAIL. -RETURN RECEIPT REQUESTED 91 7108 2133 3935 2303 2935 The Honorable Oscar Ortiz Mayor of Port Arthur P. O. Box 1089 Port Arthur, Texas 77647 Re: Proposed Agreed Order City of Port Arthur RN101608024 Docket No. 2007-0787-MWD-E; Enforcement Case No. 33523 FOR SETTLEMENT PURPOSES ONLY Dear Mayor Ortiz: In the cover letter for the proposed agreed order mailed out to the City of Port Arthur on July 2b, 2007, the City of Port Arttlur was given an opportunity to propose a Supplemental Environmental Project (SEP) to offset a portion of the assessed penalty. Your proposal for an 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 must not be implemented unli! the Commission has approved the agreed order. If you agree with the order as proposed, please sign and return this order with an original signature to: Financial Administration Division, Revenues Attention: Cashier's Office, MC 214 Texas Commission on Environmental Quality P.O. Box 13088 Austin, Texas 78711-3088 Xou will be notified when your order will go before the Commission for approval. A copy of the revised order is provided for your Gles. Also enclosed for your convenietice is a return envelope. If the signed order is not mailed and postmarked by May 23, 2008, 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 includine the penalty deferral and possibly the SEP, will no loneer be available. P.O. Box 130A7 • Austin, Texas 7A711-3087 • 512-239-1000 • Internet address: amw.tcegstate.tx.us The Honorable Oscar Ortiz Page 2 if you have any questions regarding these matters, please contact Ms; Pamela Campbell of my staff at (Sl2)239-4493. Sin rely, i~~lAetl/~ t//~~r Susan Johns ,Manager Enforcement Division Texas Commission on Environmental Quality SJ/PC , Enclosures: Revised Proposed Agreed Order, Fi3e Copy, Return Envelope cc: Mr: Ronald Hebert, Manager, Water Section, $eaumont Regional Office, TCEQ The Honorable Cazl Parker, The Parker Law Firm, 1 Plaza Squaze, Port Arthur, Texas 77642- 5513 scpcovlcV12-8-06/~y-IB.doc TEXAS COMMISSION ON ENVIRONMENTAL QUALITY .S;KE nF 5 T~ W ~J s j~ r IN THE MATTER OF AN § BEFORE THE ENFORCEMENT ACTION § CONCERNING § TEXAS COMMISSION ON CITY OF PORT ARTHUR § RN101608024 § ENVIIlONMENTAL QUALITY AGREED ORDER DOCKET N0.2D07-0787-MWD-E L .NRISDICTION AND STIPULATIONS At its agenda, the Texas Commission on Environmental Quality ("the Commission" or 'TCEQ") considered this agreement of the parties, resolving an enforcement action regarding the City of Port Arthur ("the City") under the authority of TEX. WATER CODE chs. 7 and 2b. The Executive Airec[or of the TCEQ, through the Enforcement Division, and the City, represented by the Honorable Carl Parker of The Parker Law Firm, appear before the Commission and together stipulate that: 1. The City owns and operates a wastewater treatment facility located at 5137 South 4th Avenue approximately 0.3 mile north of Tremont Street in Jefferson County, Texas (the "Facility"). 2. The City has discharged sewage into or adjacent to any water in the state under Tex. WATER Cone ch. 26. 3. The Commission and the City agree that the Commission has jurisdiction to enter this Agreed Order, a,td that the City is subject to the Commission's jurisdiction. 4. The City received notice of the violations alleged in Section I] ("Allegations") on or about April 23, 2007. 5. The occurrence of any violation is in dispute and the entry of this Agreed Order shall not constitute an admission by the City of any violation alleged in Section II ("Allegations"), nor of any statute or rule. 6. An administrative penalty in the amount of Thirteen Thousand Fight Hundred Sixty Dollars ($13,860) is assessed by the Commission in settlement of the violations alleged in Section TI ("Allegations"). Two Thousand Seven Hundred Seventy-Two Dollars {$2,772) is deferted City of Port Arthur DOCKET NO. 2007-0787-M W D-E Page 2 contingent upon the City's timely and sazisfactory compliance with all the terms of this Agreed Order. The deferred amount will be waived upon full compliance with the terms of this Agreed Order. ]f the City fails to timely and satisfactorily comply with all requirements of this Agreed Order, the Executive Director may require the City to pay all or part of the deferred penalty. Eleven Thousand Eighty-Eight pollars ($11,088) shall be wnditionally offset by the Ciry's completion of a Supplemental Environmental Project ("SEP"). 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 of the TCEQ and the City have agreed on a settlement of the matters alleged in this enforcement action, subject to the approval of the Commission. 9. The Executive Director recognizes that the City has implemented the following corrective measures at the Facility: a. On or about January 27, 2004, cleared the blockage, removed and disposed of the debris, and chlorinated the area affected by the January 25 and 26, 2004 unauthorized discharges; b. On February 12, 2004, removed and disposed of the debris, and chlorinated the drainage ditch affected by the February 12, 2004 unauthorized discharge; c. On or about June 24, 2005, repaired the broken force main, removed and disposed of the debris, and chlorinated the area affected by the June 24, 2005 unauthorized discharge; d. On December 6, 2005, removed and disposed of the debris, and chlorinated the drainage ditch affected by the December 6, 2005 unauthorized discharge; e. On December 14, 2005, removed and disposed of the debris, and chlorinated the drainage ditch affected by the December 14, 2005 unauthorized discharge; f On or about January 30, 2007, power was restored to the lift station, removed and disposed of the debris, and chlorinated the area affected by the February 12, 2007 unauthorized discharge; g. On March 12, 2007, submitted photographic documentation that the on-site lift station had been cleaned; h. On March 12, 2007, submitted photographic documentation showing that a vacuum breaker had been installed on the hose bibb at the Highway 87 lift station; i. On February 20, 20Q7, corrected the February 2004 and May 2004 discharge monitoring reports ("DMRS") and provided a copy of the June 2005 DMR; j. On March 12,2007, submitted documentation that the skimmer arm had been adjusted, the sawtooth weir had been bolted down, and that the excess solids had been removed from the clarifier; and City of Port Arthur DOCKET N0.2007-0787-M WD-E Page 3 k. On March 12, 2007, submitted a copy of the October 2006 DMR to the TCEQ Beaumont Regional Office. 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 City 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 Facility, the City is alleged to have: Failed to properly maintain the collection system, in violation of 30 TEX. ADMIN. CODE § 305.125(1) and Texas Pollutant Discharge Elimination System ("TPDES") Permit No. 10364010 Operational Requirements No. 1, as documented during the February 20, 2007 investigation. Specifically, the City has failed to mitigate the effects of inflow and infiltration ("UI") on [he Facilty by exceeding 75% of its permitted daily average flow limit of 0.3 millon gallons per day ("MGD") in May 2004, December 2004, and February 2005 and exceeding its flow limits in February 2004 (0335 MGD). A review of self-reported data documented daily maximum flow values greater than the daily average flow limit in February and March 2004, May and June 2004, September 2004 through March 2005, July 2005, November and December 2005, June and July 2006, and September 2006. Also, the mixed liquor volatile suspended solids ratio was 49% of the mixed liquor suspended solids, below the recommended range of 70 - 80%, which is indicative ofthe UI impact on the Facility. 2. Failed to ensure that all systems of collection, treatment, and disposal are properly opcrated and maintained, in violation of 30 TEx. ADMIN. CODE § 305.125(5) and TPDES Permit No. 10364010 Operational Requirements No. 1, as documented during the February 20, 2007 investigation. Specifically, [he clarifier weir was corroded and the sawtooth weir was not bolted down in several places, causing the clarifier to short circuit. The skimmer arm was not contacting adequately, allowing solids to bypass, and the weir trough had excessive solids in it. 3. Failed to ensure that all systems of collection, treatment, and disposal are properly operated and maintained, in violation of 30 TEX. ADMIN. CODE § 305.]25{5) and TPDES Permit No. 10364010 Operational Requirements No. 1, as documented during the February 20, 2007 investigation. .Specifically, the plant lift station had an excessive grease buildup. 4. Failed to ensure [ha[ all systems of collection; treatment, and disposal are properly operated and maintained, in violation of 30 TEx. ADMIN. CODE § 305.125(5) and TPDES Permit No. ] 0364010 City of Port Arthur DOCKET NO. 2007-0787-MWD-E Page 4 Operational Requirements No. t, as documented during the February 20, 2007 investigation. Specifically, there was no vacuum breaker on the hose bibb at the Highway 87 lift station. 5. Failed to prevent the unauthorized discharge of wastewater, in violation of 30 TEX. ADMIN. CODE § 305.125(1), TEX. WATER CODE § 26.121(x) and TPDES Permit No. 10364010 Permit Conditions No. 2(g), as documented during the February 20, 2007 investigation. Specifically, the City reported three unauthorized discharges in 2004 (January 25-26, and February 12); three unauthorized discharges in 2005 {June 24, December 6, and December 14); and one unauthorized discharge in 2007 (January 30). 6. Failed to accurately complete the DMRs and have them readily available for review, in violation of 30 TEX. ADMOJ. CODE §§ 305.125{17), 319.7(x)(4) and (c) and TPDES Permit No. 10364010 Monitoring and Reporting Requirements Nos. 1 and 3(b), as documented during the February 20, 2007 investigation. Specifically, the City failed to put the maximum total chlorine residual results on the February and May 2004 DMRs and failed to submit the June 2005 and October 2006 DMRs to the TCEQ. Also, the October 2006 DMR could not be located at the time of the investigation. III. DENIALS The City generally denies each allegation in Section II ("Allegations"). IV. ORDERING PROVISIONS 1. It is, therefore, ordered by the TCEQ that the City pay an administrative penalty as set forth in Section I, Paragraph 6 above. The payment of this administrative penalty and the City's compliance with all the terms and conditions set forth in this Agreed Order resolve only the allegations in Section 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 [o "TCEQ" and shall be sent with the notation "Re: City of Port Arthur, Docket No. 2007-0787-MWD-E" to: Financial Administration Division, Revenues Section Attention: Cashier's Office, MC 214 Texas Commission on Environmental Quality P.O. Box 13088 Austin, Texas 78711-3088 2. The City shall-implement and complete a SEP in accordance with TEx. WATER CODE § 7.067. As set forth in Section I, Paragraph 6, Eleven Thousand Eighty-Eight Dollars ($11,088) of the assessed administrative penalty shall be offset with [he condition that the City implement the SEP defined in Attachment A, incorporated herein by reference. The City's obligation to pay the conditionally offset portion of the administrative penalty assessed shall be discharged upon final completion of al] provisions of the SEP agreement. 3. It is further ordered that the City shall undertake the following technical requirements: City of Port Arthur DOCKET N0.2007-0787-MWD-E Page S a. `Within 60 days after the effective date of this Agreed Order, conduct an engineering evaluation of the collection system and wastewater treatment plant to evaluate the causes and necessary corrective actions to reduce the UI on the collection system and to maintain compliance with fhe effluent limits of TPDES Permit No. 10364010. The evaluation shall be prepared by a Texas registered professional engineer and shall include a plan and schedule for the completion of necessary corrective actions within 270 days after the effective date of this Agreed Order. The City shall provide a copy of the plan and schedule [o Order Compliance Team of the TCEQ Enforcement Division and to the TCEQ Beaumont Regional Office; b. Within 60 days after the effective date of this Agreed Order, repair or replace the clarifier weir; c. Within 75 days after the effective date of this Agreed Order, submit written certification as described below, and include detailed supporting documentation 'including photogaphs, receipts, and/or other records to demonstrate compliance with Ordering Provision No. 3.b.; Within 360 days after the effective date of this Agreed Order, submit written certification of completion of the )R mitigation and collection system rehabilitation work and demonstrate compliance with the effluent limits of TPDES. Permit No. 10364010 as described below and include detailed supporting documentation including photographs, receipts, DMRs, and/or other records [o demonstrate compliance with Ordering Provision No. 3.a.; e. The written certification of compliance required by Ordering Provision Nos. 3.c. and 3.d., shall be notarized by a State of Texas Notary Public and include the following certification language: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine 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: Ciry of Port Arthur DOCKET N0.2007-0787-MWD-E Page 6 Water Section, Manager Beaumont Regional Office Texas Commission on Environmental Quality 3870 Eastex Freeway Beaumont, Texas 77703-1892 4. The provisions of this Agreed Order shall apply to and be binding upon the City. The City is ordered [o give notice of the Agreed Order to personnel who maintain day-to-day control over the Facility operations referenced in this Agreed Order. 5. If the City fails to comply with any of the Ordering Provisions in this Ageed Order within the prescribed schedules, and that failure is caused solely by an act of God, waz, strike, riot, or other catastrophe, the City's failure to comply is not a violation of this Agreed Order. The City shall have the burden of establishing to the Executive Director's satisfaction that such an event has occurred. The City shall notify the Executive Director within seven days after the City becomes awaze of a delaying event and shall take all reasonable measures to mitigate and minimize any delay. 6. The Executive Director may gran[ an extension of any deadline in this Agreed Order or in any plan, report, or other document submitted pursuant to this Agreed Order, upon a written and substantiated showing of good cause. All requests for extensions by the City shall be made in writing to the Executive Director Extensions are not effective until the City receives written approval from the Executive Director. The determination of what constitutes good cause rests solely with the Executive Director. This Agreed Order, issued by the Commission, shall not be admissible against the City in a civil proceeding, unless the proceeding is brought by the OAG to: (1) enforce fire 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. 8. This agreement may be executed in multiple counterparts, which together shall constitute a single original instrument Any executed signature page to this Agrecmcnt may be transmitted by facsimile transmission to the other parties, which shall constitute an original signature for all purposes. under 30 TEX. Af)MM. CODE § 70.10(6), the effective date is the date of hand-delivery of the Order to the City, or three days after the date on which the Commission mails notice of the Order to the City, whichever is earlier. The Chief Clerk shall provide a copy of this Agreed Order to each of the parties. City of Port Arthur DOCKET N0.2007-0787-MWD-E Page 7 SIGNATURE PAGE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY For the Commission For the Executive Director Date I, the undersigned, have read and understand the attached Agreed Order. I am authorized to agree to the attached Agreed Order on behalf of the entity indicated below my signature, and I do agree to the terms and conditions specified therein. [further acknowledge that the TCEQ, in accepting payment for the penahy 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 6y 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 ]nstructions: Send the original, signed Agreed Order with penalty payment to the Financial Administration Division, Revenues Section at the address in Section (V, Paragraph 1 of this Agreed Order. Attachment A Docket Number: 2007-0787-MWD-E SUPPLEMENTAL ENVIRONMENTAL PROJECT Respondent: Penalty Amount: Project 1 SEP Offset Amount: Type of SEP: Project 2 SEP Offset Amount: Project 2 Type of SEP: Location of SEPs: City of Port Arthur Eleven thousand eighty-eight dollars ($] 1,088) Six thousand dollazs ($6,000) Wastewater Treatment Assistance (pre-approved concept) Five thousand eight hundred sixty dollars ($5,088) Jefferson County Pleasure Island Shoreline Stabilization (pre- approved connibution} 7efferson County The Texas Commission on Environmental Quality ("TCEQ") agrees to offset the administrative Penalty Amount assessed in this Agreed Order for the Respondent to perform Supplemental Enviromnental Projects ("SEPs"). The SEP Offset Amounts are set forth above and such offsets are conditioned upon completion of the projects in accordance with the terms of this Attachment A. I. Project Description A. Project 1 -Wastewater Treatment Assistance The Respondent shall provide first-time sewer service for one low-income household in Jefferson County. Respondent shall properly decommission (empty and remove or backfill) the existing septic tank at no cost to the homeowner. T'he project shall include purchasing and installing sewer system piping, clean-outs, and other materials required to complete the work and make it fully operational. The Respondent shall perform this work only after-hours or on weekends, and contingent on submittal of appropriate documentation, shall receive SEP Offset credit for overtime labor of employees. The Respondent shall perform this project in accordance with all federal, state and local environmental laws and regulations. The Respondent shall use the SEP Offset Amount only for the direct cost of implementing the project and no portion shall be spent on administrative costs. The Respondent certifies that there is no prior commitment to do this project and that it is being performed solely in an effort to settle this enforcement action. Project 2 -Pleasure Island Shoreline Stabilization Respondent shall contribute the specified SEP Amounttothe Th'vd-Party Recipient pursuant to the agreement between the Third-Party Recipient and the TCEQ. Specifically, the contribution wi II be to Je/)'erson County for thePleasure Island.ShoreliaeStabilizationProgram in Jefferson County. Specifically, SEP monies will be used to help stabilize the shoreline by placing vinyl sheets of piling and erosion control blankets along a stretch of waterway along Pleasure Island. Continued erasion from wave action caused bypassing ships is compromising the integrity of the shoreline along Pleasure Island. The embankment will be reclaimed and sloped to stabilize approximately 5 miles of shoreline. Cip~ of Port AtThur Agreed Order -Attachment A The Respondent certifies that there is no prior commitment to do this project and that it is being performed solely in an effort to settle this enforcement action. B. Proiect 1 -Environmental Benefit This SEP will provide a discernible environmental benefit by preventing the release of sewage into Slte environment. Raw sewage can carry bacteria; viruses, protozoa {parasitic organisms}, helminthes (intestinal worms), and bioaerosols (inhalable molds and fungi). The diseases they may cause range in severity from mild gastroenteritis (causing stomach cramps and diarrhea) to life-threatening ailments such as cholera, dysentery, infectious hepatitis, and severe gastroenteritis. People can be exposed through: • Sewage in drinking water sources. • Direct contact in areas of public access such as basements, lawns or streets, or waters used far recreation. • Shellfish harvested from areas contaminated by raw sewage. • Inhalation and skin absorption. Sewage overflows may cause damage to the environment. A key concern with sewage overflows is the effect on rivers, lakes, streams, or aquifer systems. In addition to potential spread of disease, sewage in the environment contributes excess nutrients, metals, and toxic pollutants that contaminate water quality, cause excess algae blooms, and kill fish and other organisms in aquatic habitats. Project 2 -Environments! Beneft This project seeks to correct existing erasion problems along the Pleasure Island Shore{ine and will result in less silt and turbidity in these coastal waters. Improving the waterway will promote bird and aquatic life, and make the area safer for recreational uses. C. Minimum Expenditure The Respondent shall spend at least the SEP Offset Amounts to complete the projects described above and comply with ail other provisions of this Attachment A. Respondent understands that it may spend more than the SEP Offset Amounts to complete the custom project. 2. Performance Schedule Proiect I -Performance Schedule Within 30 days after the effective date of this Agreed Order, the Respondent shall begin implementation of Project I .The Respondent shall complete Project t within 3b5 days after the effective date of this Agreed Order. Page 2 of 4 Ciry of Port Arthw Agreed Order -Attachment A Proiect 2 -Performance Schedule Within 30 days after the effective date ofthis Agreed Order, Respondent shall contributethe SEP A mount for Project 2 to the Third-Party Recipient. Respondent shall mail the contribution, with a copy of the Agreed Order to' Jefferson County The Honorable Ron Walker Jefferson County Judge 1 149 Pearl Street, 4'" Floor Beaumont, Texas 77701 The Respondent shall simultaneously provide proof of the contribution to the TCEQ at the address 1 fisted in 3.C below. 3. Reporting A. Proeress Reports Within 90 days after the effective date of this Agreed Order, the Respondent shail submit a report to [he TCEQ indicating the progress made [o date for Project 1 and setting forth a schedule for achieving completion within the time required above. Respondent shall submit reports on a quarterly basis thereafter in 90day increments to TCEQ at the address listed below. B. Final Report -Proiect Within 30 days after completion of Project 1, the Respondent shall submit a report far that Project to the TCEQ which includes: 1. An itemized list ofexpenditures and total of costs incurred with receipts, copies of checks, or other verifying documentation attached; 2. Evidence of proper decommissioning ofthe existing septic system(s); 3. Photographs of the project; 4. A statement of quantifiable environmental benefits; and 5. Any additional information Respondent believes will demonstrate compliance with this Anachment A. Final Report -Project 2 Within 30 days after the effective date of this Agreed Order, Respondent shall provide to TCEQ a final report indicating [hat the contribution for Project 2 has been completed. The final report for Project 2 shall be mailed to the address listed in 3.C, below. C.' Address The Respondent shall submit all SEP reports and any requested additional information to the following address: Page 3 of 4 Ciry of Port Arthur Agreed Order-Attachment A Litigation Division Attention: SEP Coordinator, MC 175 Texas Commission on Environmental Quality P.O. Box 13087 Austin, Texas 78711-3087 4. Additional Information and Access The Respondent shall provide any additional information required by TCEQ staff and allow access to alt records related to the receipt and expenditure of SEP funds. The Respondent shall also allow a reptesentative of the TCEQ access to the site of any work being financed in whole or in part by SEP funds. This provision survives the termination of this Agreed Order. 5. Failure to Fully Perform if Respondent does not perform its obligations under this SEP in any way, including full expenditure of the SEP Offset Amounts and submittal of the required reporting described in Section 3 above, the Executive Director may require immediate payment of all or part of the SEP Offset Amounts. In the event of incomplete performance, the Respondent shall send a check to TCEQ for the remaining amount due with the docket number of this Agreed Order and a note that it is for reimbursement of a SEP. The Respondent shall make the check payable to °Texas Commission on Environmental Quality" and mail it to: Litigation Division Attention: SEP Coordinator, MC 175 Texas Commission on Environmental Quality P.O. Box 13087 Austin, Texas 78711-3087 6. Publicity Any public statements concerning this SEP made by or on behalf of the Respondent must include a cleaz 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. 7. Clean Texas Program The Respondent shall not include this SEP in any application made to TCEQ under the "Clean Texas" (or any successor} program. Similarly, the Respondent may not seek recognition for this contribution in any other state or federal regulatory program. 8. Other SEPs by TCEQ or Other Agencies The SEP identified in this Agreed Order has not been, and shall not be, included as a SEP for the Respondent under any other orders negotiated with the TCEQ or any other agency of the state or federal government. Page 4 of 4