HomeMy WebLinkAboutPR 21982: TCEQ REGARDING NONCOMPLIANCE AT THE CITY LANDFILL City of
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: June 2, 2021
To: The Honorable Mayor and City Council
Through: Ron Burton, Interim City Manager
From: Alberto Elefano, P.E.; Director of Public Works
RE: PR 21982—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
$10,800.00.
Introduction:
The intent of this Agenda Item is for the Port Arthur 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. Participation in the SEP will facilitate a deferral of $2,700.00 from the
administrative penalty of$13,500.00. The total amount due will be$10,800.00 paid to the Texas Water
Development Board, an agency suggested by the TCEQ, to satisfy the conditions for the reduction of
the penalty.
Background:
The TCEQ conducted an investigation on August 14, 2019 and again on August 4, 2020 at the City of
Port Arthur's Landfill facility. It was determined that the Landfill facility:
• Caused, suffered, allowed, or permitted the unauthorized disposal of Municipal Solid Waste
(MSW) in the form of runoff sediment into a nearby tributary and on to adjacent property;
• Failed to design, construct, and maintain a run-on control and a run-off management system
capable of preventing MSW sediment from flowing on to active portions of the Landfill;
• Failed to provide dikes, embankments, drainage structures, or diversion channels sized and
graded to handle runoff;
"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
• Failed to grade slopes of the sides and toe to minimize erosion as to prevent significant sediment
runoff at the active face of the Landfill and the adjacent access road.
All the deficiencies are being addressed and/or corrected according to the MSW Permit No. 1815A
Standard Operating Procedures Manual. A penalty was assessed in the amount of$13, 500.00. The
TCEQ offered in its enforcement action an opportunity to defer the penalty amount by $2,700.00 to a
new amount of$10,800.00 if the City agrees to participate in a Supplemental Environmental Project
(SEP). The City has notified the TCEQ of its interest in participating in the SEP. The City also
understands that failure to complete the SEP will forfeit the deferral and the original amount of
$13,500.00 will be due. The SEP selected was the Texas Water Development Board — Water Level
Recorder Data in Every Texas Town to which the City has submitted its Respondent Application. TCEQ
has since acknowledge receipt of the application and will advise at a later time if it is approved. The
TCEQ will notify the City when the assessed reduced penalty amount of$10,800.00 is due.
Budget Impact:
Funds are available in the following account: Regulatory Costs Account No. 403-50-320-5471-00-00-
000 with a budget impact of$10,800.00.
Recommendation:
It is recommended that the City of Port Arthur City Council authorizes the City Manager to approve PR
21982 accepting TCEQs Proposed Agreed Order for the participation in the SEP and payment of the
reduced administrative penalty in the amount of$10,800.00.
"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
P.R. 21982
6/1/2021 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 $13,500.00 BY $2,700.00 TO THE NEW AMOUNT OF
$10,800.00. FUNDS AVAILABLE IN THE REGULATORY FEES/FINES
ACCOUNT NO. 403-50-320-5471-00-00-000.
WHEREAS, the Texas Commission on Environmental Quality (TCEQ) conducted
an investigation of the City of Port Arthur (City) Landfill Facility on August 14, 2019 and
again on August 4, 2020; and,
WHEREAS, the TCEQ determined that there were a number of deficiencies in that
the Landfill caused, suffered, allowed, or permitted the unauthorized disposal of Municipal
Solid Waste (MSW) in the form of runoff sediment into a nearby tributary and on to
adjacent property; failed to design, construct, and maintain a run-on control and a run-
off management system capable of preventing MSW sediment from flowing on to active
portions of the Landfill; failed to provide dikes, embankments, drainage structures, or
diversion channels sized and graded to handle runoff; and failed to grade slopes of the
sides and toe to minimize erosion as to prevent significant sediment runoff at the active
face of the Landfill and the adjacent access road; 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$13,500.00;
and,
P.R. 21982
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WHEREAS, the City of Port Arthur Landfill is addressing and/or correcting 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. 2020-1152-MSW-E, Enforcement Case No. 59754, for settlement purposes
only, Exhibit A; and,
WHEREAS, the TCEQ proposed to reduce the administrative penalty of
$13,500.00 by $2,700.00 to a new amount of $10,800.00 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 Texas
Water Development Board — Water Level Recorder Data in Every Texas Town, a third-
party agency recommended by the TCEQ; and,
WHEREAS, the City has submitted its "Respondent Application To Contribute To
A Third-Party Supplemental Environmental Project ("SEP") Administrator," see Exhibit B;
and,
WHEREAS, the TCEQ has acknowledged receipt of the City's Application will
advise the City at a later time of its approval and when to pay the reduced penalty of
$10,800.00; 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,
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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,
THAT, the City Council of the City of Port Arthur approve the reduced payment of
$10,800.00 for the SEP Texas Water Development Board — Water Level Recorder Data in
Every Texas Town, 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.
2021 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.21982
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Page 4 of 4
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
11,01-a_e g-AJUA_Lei t70
'Valecia Tizeno Ron Burton
City Attorney Interim City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
J„ A -
Kandy Daniel Y
Director of Finance
Alberto Elefano, P.E.
Director of Public Works
Clifton Willia s, CPPB
Purchasing Manager
EXHIBIT A
Jon Niermann, Chairman `"),sp,'CE �A
Emily Lindley, Commissioner c� hp"
Bobby Janecka, Commissioner 5.>��
Toby Baker,Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
March 3o, 2021
The Honorable Thurman Bill Bartie
Mayor of City of Port Arthur
P.O. Box 1089
Port Arthur,Texas 77641-1089
Re: Proposed Agreed Order
City of Port Arthur; RNloo225390;Account No. MSW Permit No. 1815A
Docket No. 2020-1152-MSW-E; Enforcement Case No. 59754
FOR SETTLEMENT PURPOSES ONLY
Dear Mayor Bartie:
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,the Texas Water Code, and/or Commission Rules. These violations
were discovered during investigations conducted on August 14, 2019 and August 4, 2020, and
documented in a letter dated August 21, 2020,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$13,500. We are
proposing a one-time offer to defer $2,700 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 $1o,800. 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 El Paso 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.
Mr.Thurman Bill Bartie
Page 2
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. 2020-1152-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
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. In order to qualify for financial
inability to pay,the penalty must exceed $3,60o and be greater than 1% of annual gross
revenues. If this is the case,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 may be 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.
For additional information about the types of SEPs available and eligibility
criteria,please go to the TCEQ's web site link at
https://www.tceq.texas.gov/compliance/enforcement/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§ 70.1o(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 30 TEx.ADMIN.CODE ch.7o, 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.
Mr. Thurman Bill Bartie
Page 3
For any questions or comments about this matter or to arrange a meeting, please contact Ms.
Berenice Munoz of my staff at(915) 834-4976.
Sincerely,
James Gradney, Manage
Enforcement Division
Texas Commission on Environmental Quality
JG/bm
Enclosures: Proposed Agreed Order, Return Envelope, Penalty Calculation Worksheet, Site
Compliance History
cc: Mr.Alberto Elefano, Public Works Director, City of Port Arthur, 444 4th Street, Port
Arthur,Texas 7764o-645o
Mr.Justin Thomas,Acting Landfill Manager, City of Port Arthur Landfill,4732 Highway
73, Port Arthur,Texas 77642-2225
Mr. Thurman Bill Bar-tie
Page 4
bcc: Manager,Waste Section, Beaumont Regional Office
Ms. Berenice Munoz, Coordinator, Enforcement Division,MC R-6
Central Records,MC 213, Building E, 1st Floor
MSW_1815A_CP_2021033o_Enforcement
Enforcement Division Electronic Reader File
app-15 DAD Cover Letter/7-2-2020
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
IN THE MATTER OF AN § BEFORE THE
ENFORCEMENT ACTION §
CONCERNING § TEXAS COMMISSION ON
CITY OF PORT ARTHUR §
RN1oo225390 § ENVIRONMENTAL QUALITY
AGREED ORDER
DOCKET NO. 2020-1152-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 chs. 7 and 26. 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 is near or adjacent to water
in the state as defined in TEX.WATER CODE§ 26.001(5). 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,TEX.WATER CODE Ch. 26,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$13,500 is assessed by the Commission in
settlement of the violations alleged in Section II ("Allegations"). The Respondent paid
$10,800 of the penalty and $2,700 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 30 TEx.ADMIN.
CODE§ 70.10(a). Any notice and procedures,which might otherwise be authorized or
City of Port Arthur
DOCKET NO. 2020-1152-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 investigations conducted on August 14, 2019 and August 4, 2020,an investigator
documented that the Respondent:
1. Caused, suffered,allowed,or permitted the unauthorized disposal of MSW, in violation
of 30 TEX.ADMIN.CODE§ 330.15(a) and(c), and TEX.WATER CODE§ 26.121(a)(1).
Specifically,runoff sediment was observed in a nearby tributary adjacent to the Facility
and on the property adjacent to the west of the active face of the landfill.
2. Failed to design,construct, and maintain a run-on control and a run-off management
system capable of preventing flow onto or from the active portions of the landfill,in
violation of 30 TEX.ADMIN.CODE§ 330.3o5(b) and(c). Specifically, a run-on control
and run-off management system was not in place in the active portions of the landfill.
3. Failed to provide dikes, embankments, drainage structures, or diversion channels sized
and graded to handle the design runoff, and to grade the slopes of the sides and toe in
such a manner as to minimize the potential for erosion,in violation of 30 TEX.ADMIN.
CODE§ 330.3o5(e). Specifically,no dikes,embankments,drainage structures, or
diversion channels to control runoff from the landfill were observed; all side slopes of the
landfill were not graded in a manner that would minimize the potential for erosion; and
significant runoff from erosion at the active face of the landfill and the access road was
observed.
III. DENIALS
The Respondent generally denies each allegation in Section II ("Allegations").
City of Port Arthur
DOCKET NO. 2020-1152-MSW-E
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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. 2020-1152-
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. Immediately upon the effective date of this Order,cease disposing any additional
MSW from the Facility into or adjacent to any water in the state.
b. Within 3o days after the effective date of this Order:
i. Implement a run-on control and a run-off management system capable of
preventing flow onto or from the active portions of the Facility, in
accordance with 30 TEx.ADMIN.CODE§ 330.305;
ii. Build and/or restore any dikes, embankments, drainage structures,
and/or diversion channels to guarantee proper run-off control, repair all
side slopes to minimize the potential for erosion, and cease any existing
•
run-off on the active face of the landfill and access roads, in accordance
with 30 TEx.ADMIN.CODE§ 330.305; and
iii. Clean up and properly remove any runoff sediment affecting, or that could
potentially affect,the tributary adjacent to the Facility and the property
adjacent to the west of the active face of the landfill.
c. 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.
2.a and 2.b. 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
City of Port Arthur
DOCKET NO. 2020-1152-MSW-E
Page 4
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 i3o87
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.
7. 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.
City of Port Arthur
DOCKET NO. 2020-1152-MSW-E
Page 5
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. 2020-1152-MSW-E
Page 6
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.
Penalty Calculation Worksheet (PCW)
f Policy Revision 4(April 2014) PCW Revision March 26,2014
DATES Assigned 24-Aug-2020
PCW 29-Aug-2020 Screening 29-Auq-2020 EPA Due
RESPONDENT/FACILITY INFORMATION
Respondent City of Port Arthur
Reg. Ent. Ref. No. RN 100225390
Facility/Site Region 10-Beaumont Major/Minor SourcelMajor
CASE INFORMATION
Enf./Case ID No. 59754 No. of Violations 2
Docket No. 2020-1152-MSW-E Order Type 1660
Media Program(s) Municipal Solid Waste Government/Non-Profit Yes
Multi-Media Enf. Coordinator Berenice Munoz
EC's Team Enforcement Team 6
Admin. Penalty $ Limit Minimum $0 Maximum $25,000
Penalty Calculation Section
TOTAL BASE PENALTY (Sum of violation base penalties) Subtotal.1 $11,250
ADJUSTMENTS (+/-) TO SUBTOTAL 1
Subtotals 2-7 are obtained by multiplying the Total Base Penalty(Subtotal 1) by the indicated percentage.
Compliance History 20.00/0 Adjustment Subtotals 2, 3, & 7 $2,250
Notes Enhancement for one Agreed Order containing a denial of liability.
Culpability No I 0.0% Enhancement Subtotal4 $0
Notes The Respondent does not meet the culpability criteria.
Good Faith Effort to Comply Total Adjustments Subtotal 5 $0
Economic Benefit 0.00/0 Enhancement* Subtotal 6 $0
Total EB Amounts $3,400 *Capped at the Total ES$Amount
Estimated Cost of Compliance $21,000
SUM OF SUBTOTALS 1-7 Final Subtotal $13,500
OTHER FACTORS AS JUSTICE MAY REQUIRE 0.0% Adjustment $0
Reduces or enhances the Final Subtotal by the indicated percentage.
Notes
Final Penalty Amount $13,500
STATUTORY LIMIT ADJUSTMENT Final Assessed Penalty $13,500
DEFERRAL 20.00/0 Reduction Adjustment -$2,700
Reduces the Final Assessed Penalty by the indicated percentage.
Notes Deferral offered for expedited settlement.
PAYABLE PENALTY $10,800
Screening Date 29-Aug-2020 Docket No. 2020-1152-MSW-E PCW
Respondent City of Port Arthur Policy Revision 4(April 2014)
Case ID No. 59754 PCW Revision March 26,2014
Reg, Ent. Reference No. RN100225390
Media Municipal Solid Waste
Enf. Coordinator Berenice Munoz
Compliance History Worksheet
>> Compliance History Site Enhancement(Subtotal 2)
Component Number of... Number Adjust.
Written notices of violation ("NOVs") with same or similar violations as those in 0 0%
NOVs the current enforcement action (number of NOVs meeting criteria)
Other written NOVs 0 0%
Any agreed final enforcement orders containing a denial of liability (number of 1 20%
orders meeting criteria)
Orders Any adjudicated final enforcement orders, agreed final enforcement orders
without a denial of liability, or default orders of this state or the federal 0 0%
government, or any final prohibitory emergency orders issued by the commission
Any non-adjudicated final court judgments or consent decrees containing a denial
of liability of this state or the federal government (number of judgments or 0 0%
Judgments consent decrees meeting criteria)
and Consent
Decrees Any adjudicated final court judgments and default judgments, or non-adjudicated
final court judgments or consent decrees without a denial of liability, of this state 0 0%
or the federal government
Any criminal convictions of this state or the federal government (number of
Convictions counts) 0 0%
Emissions Chronic excessive emissions events (number of events) 0 0%
Letters notifying the executive director of an intended audit conducted under the
Texas Environmental, Health, and Safety Audit Privilege Act, 74th Legislature, 0 0%
1995 (number of audits for which notices were submitted)
Audits
Disclosures of violations under the Texas Environmental, Health, and Safety Audit
Privilege Act, 74th Legislature, 1995 (number of audits for which violations were 0 0%
disclosed)
Environmental management systems in place for one year or more No C%
Voluntary on-site compliance assessments conducted by the executive director °
Other
under a special assistance program No 0/°
Participation in a voluntary pollution reduction program No 0%
Early compliance with, or offer of a product that meets future state or federal No
government environmental requirements
Adjustment Percentage (Subtotal 2) 20%
» Repeat Violator(Subtotal 3)
No Adjustment Percentage (Subtotal 3) j 0%
>> Compliance History Person Classification (Subtotal 7)
Satisfactory Performer Adjustment Percentage (Subtotal 7) 0%
>> Compliance History Summary
Compliance
History Enhancement for one Agreed Order containing a denial of liability.
Notes
Total Compliancc History Adjustment Percentage (Subtotals 2, 3, & 7) 20%
>> Final Compliance History Adjustment
Final Adjustment Percentage *capped at 100% 20%
Screening Date 29-Aug-2020 Docket No. 2020-1152-MSW-E PCW
Respondent City of Port Arthur Revision
Case ID No. 59754 PCW Revision March 26,201
Reg. Ent. Reference No. RN100225390
Media Municipal Solid Waste
Enf. Coordinator Berenice Munoz
Violation Number I 1
Rule Cite(s) 30 Tex.Admin.Code § 330.15(a)and(c),and Tex.Water Code§26.121(a)(1)
Caused,suffered,allowed, or permitted the unauthorized disposal of municipal
Violation Description solid waste ("MSW"). Specifically, runoff sediment was observed in a nearby
tributary adjacent to the Facility and on the property adjacent to the west of the
active face of the landfill.
Base Penalty! $25,000
>> Environmental, Property and Human Health Matrix
Harm
Release Major Moderate Minor
OR Actual' II 11 X 1
Potential' U II I Percent I 15.0%
>>Programmatic Matrix
Falsification Major Moderate Minor
Percent 0.0%1
Human health or the environment has been exposed to insignificant amounts of pollutants that do
Matrix not exceed levels that are protective of human health or environmental receptors as a result of
Notes
the violation.
Adjustments $21,2501
$3,7501
Violation Events
Number of Violation Events 1 1 25 1 Number of violation days
daily
weekly
monthly
quarterly X Violation Base Penalty!. $3,750,!
semiannual
annual
single event
One quarterly event is recommended from the August 4, 2020 follow-up investigation date to the
August 29, 2020 screening date.
Good Faith Efforts to Comply o.o% Reduction; $0
Before NOE/NOV NOE/NOV to EDPRP/Settlement Offer
Extraordinary
Ordinary
N/A l X II
The Respondent does not meet the good faith criteria for
Notes
this violation.
Violation Subtotal: $3,750I
Economic Benefit (EB) for this violation Statutory Limit Test
Estimated EB Amount' $1171 Violation Final Penalty Total $4,5001
This violation Final Assessed Penalty(adjusted for limits) $4,500
Economic Benefit Worksheet
Respondent City of Port Arthur
Case ID No. 59754
Reg. Ent. Reference No. RN100225390
Media Municipal Solid Waste Years of
Percent Interest
Violation No. 1 Depreciation
5.01 15
Item Cost Date Required Final Date Yrs Interest Saved Costs Saved ES Amount
Item Description
Delayed Costs
Equipment I II 1 0.00 $0 $0 $0
Buildings I II I 0.00 $0 $0 1 $0
Other(as needed) I II 1 0.00 $0 $0 $0
Engineering/Construction I II I 0.00 $0 $0 { $0
Land I II i 0.00 $0 1 n/a $0
Record Keeping System I II I 0.00 $0 j n/a $0
Training/Sampling { 1I ' 0.00 $0 Ill ! $0
Remediation/Disposal I II .II 0.00 $0 n/a i $0
Permit Costs I lI II i 0.00 $0 n/a $0
Other(as needed) I $1,000 II 14-Auu-2019 II 17-Dec-2021 2.35 $117 n/a $117
Estimated delayed cost to clean up and properly remove any runoff sediment affecting,or that could
potentially affect,the tributary adjacent to the Facility and the property adjacent to the west of the active
Notes for DELAYED costs face of the landfill($1,000). The Date Required is the initial investigation date and the Final Date is the
estimated date of compliance.
Avoided Costs ANNUALIZE avoided costs before entering item (except for one-time avoided costs)
Disposal II II it II 0.00 ( $0 $0 I $0
Personnel I II II ( 0.00 I $0 $0 $0
Inspection/Reporting/Sampling I II ii I 0.00 ' $0 $0 $0
Supplies/Equipment I II II I 0.00 1 $0 I $0 $0
Financial Assurance I ii IF------1 0.00 $0 $0 $0
ONE-TIME avoided costs I 1 II I 0.00 $0 $0 $0
Other(as needed) I II II 10.00 $0 $0 $0
Notes for AVOIDED costs
Approx.Cost of Compliance I $1,000 TOTAL 1 $117
Screening Date 29-Aug-2020 Docket No. 2020-1152-MSW-E PCW
Respondent City of Port Arthur policy Revision 4(April 2014)
Case ID No. 59754 PCW Revision March 26,2014
Reg. Ent. Reference No. RN100225390
Media Municipal Solid Waste
Enf. Coordinator Berenice Munoz
Violation Number I 2 Ii
Rule Cite(s) 30 Tex.Admin. Code § 330.305(b), (c) and(e)
tailed to design,construct,and maintain a run-on control and a run-ott
management system capable of preventing flow onto or from the active portions of
the landfill. Specifically,a run-on control and run-off management system was not
in place in the active portions of the landfill. Also,failed to provide dikes,
embankments,drainage structures,or diversion channels sized and graded to
Violation Description handle the design runoff,and to grade the slopes of the sides and toe in such a
manner as to minimize the potential for erosion. Specifically, no dikes,
embankments,drainage structures,or diversion channels to control runoff from the
landfill were observed; all side slopes of the landfill were not graded in a manner
that would minimize the potential for erosion; and significant runoff from erosion at
the active face of the landfill and the access road was observed.
Base Penalty $25,000
>> Environmental, Property and Human Health Matrix
Harm
Release Major Moderate Minor
OR Actual I II II I
PotentialI X 11 II ! Percent 30.0%
»Programmatic Matrix
Falsification Major Moderate Minor
I JI II II I Percent 0.0%
Matrix Human health or the environment will or could be exposed to pollutants that would exceed levels
Notes that are protective of human health or environmental receptors as a result of the violation.
Adjustment $17,5001
$7,5001
Violation Events
Number of Violation Events 1 I 25 I Number of violation days
daily
weekly
monthly
quarterly X Violation Base PenaltyI $7,5001
semiannual
annual
single event
One quarterly event is recommended from the August 4, 2020 follow-up investigation date to the
August 29, 2020 screening date.
Good Faith Efforts to Comply 0.0% Reduction $0
Before NOE/NOV NOE/NOV to EDPRP/Settlement Offer
Extraordinary
Ordinary
N/AI X II
Notes The Respondent does not meet the good faith criteria for
this violation.
Violation Subtotal $7,5001
Economic Benefit (EB) for this violation Statutory Limit Test
Estimated EB Amount! $3,2831 Violation Final Penalty Total! $9,000
This violation Final Assessed Penalty (adjusted for limits)! $9,0001
Economic Benefit Worksheet
Respondent City of Port Arthur
Case ID No. 59754
Reg, Ent. Reference No. RN100225390
Media Municipal Solid Waste Years of
ViolationPercent Interest
No. 2 P
De reciation
5.01 15
Item Cost Date Required Final Date Yrs Interest Saved Costs Saved ES Amount
Item Description
Delayed Costs _
Equipment I I 10.00 $0 $0 $0
Buildings I I 0.00 $0 $0 $0
Other(as needed) I I 0.00 $0 $0 $0
Engineering/Construction $20.000 j 14-Aua-2019 I 17-Dec-202.1 2.35 $156 $3,127 $3,283
Land 1 I 0.00 $0 n/a $0
Record Keeping System I I 0.00 $0 n/a $0
Training/Sampling I II q i 0.00 $0 n/a $0
Remedlation/Disposal 1 II 11 { 0.00 $0 n/a $0
Permit Costs I II I I 0.00 $0 n/a $0
Other(as needed) I II II 0.00 $0 n/a $0
Estimated delayed cost to implement a run-on control and a run-off management system capable of
preventing flow onto or from the active portions of the Facility($5,000),and to build and/or restore any
dikes,embankments,drainage structures,and/or diversion channels to guarantee proper run-off control,
Notes for DELAYED costs repair all side slopes to minimize the potential for erosion,and cease any existing run-off on the active face
of the landfill and access roads($15,000). The Date Required is the initial investigation date and the Final
Date is the estimated date of compliance.
Avoided Costs ANNUALIZE avoided costs before entering item (except for one-time avoided costs)
Disposal II II 11 o.00 I $0 1 $0 I $0 _J
Personnel li II I I 0.00 $0 $0 $0
Inspection/Reporting/Sampling { II 1 1 0.00 $0 $0 $0
Supplies/Equipment I II I I 0.00 $0 $0 $0
Financial Assurance I II I I 0.00 $0 $0 $0
ONE-TIME avoided costs I 11 I 1 0.00 $0 $0 $0
Other(as needed) I II I 0.00 $0 $0 $0
Notes for AVOIDED costs
Approx.Cost of Compliance $20,000 TOTAL $3,283
The TCEQ is committed to accessibility.
To request a more accessible version of this report, please contact the TCEQ Help Desk at (512) 239-4357.
Compliance History Report
Compliance History Report for CN600132021, RN100225390, Rating Year 2020 which includes Compliance History (CH)
components from September 1, 2015, through August 31, 2020.
Customer, Respondent, CN600132021, City of Port Arthur Classification: SATISFACTORY Rating: 11.57
or Owner/Operator:
Regulated Entity: RN100225390, City of Port Arthur Landfill Classification: SATISFACTORY Rating: 28.92
Complexity Points: 12 Repeat Violator: NO
CH Group: 07 - Solid Waste Landfills
Location: 4732 Highway 73, Port Arthur, Jefferson County, Texas 77642-2225
TCEQ Region: REGION 10 - BEAUMONT
ID Number(s):
AIR OPERATING PERMITS ACCOUNT NUMBER JE0198P AIR OPERATING PERMITS PERMIT 1546
MUNICIPAL SOLID WASTE DISPOSAL PERMIT 1815A AIR NEW SOURCE PERMITS AFS NUM 4824500711
AIR NEW SOURCE PERMITS ACCOUNT NUMBER JE0198P AIR NEW SOURCE PERMITS REGISTRATION 81990
PETROLEUM STORAGE TANK REGISTRATION STORM WATER PERMIT TXR05AY09
REGISTRATION 73468
AIR EMISSIONS INVENTORY ACCOUNT NUMBER JE0198P
Compliance History Period: September 01, 2015 to August 31, 2020 Rating Year: 2020 Rating Date: 09/01/2020
Date Compliance History Report Prepared: November 09, 2020
Agency Decision Requiring Compliance History: Enforcement
Component Period Selected: November 09, 2015 to November 09, 2020
TCEQ Staff Member to Contact for Additional Information Regarding This Compliance History.
Name: Berenice Munoz Phone: (915) 834-4976
Site and Owner/Operator History:
1) Has the site been in existence and/or operation for the full five year compliance period? YES
2) Has there been a (known) change in ownership/operator of the site during the compliance period? NO
Components (Multimedia) for the Site Are Listed in Sections A - J
A. Final Orders, court judgments, and consent decrees:
1 Effective Date: 07/06/2020 ADMINORDER 2019-0375-MSW-E (1660 Order-Agreed Order With Denial)
Classification: Moderate
Citation: 30 TAC Chapter 330, SubChapter D 330.129
Rqmt Prov: Section 6.1 Fire Prevention PERMIT
Description: Failed to maintain a source of earthen material in such a manner that it is available at all times to extinguish
any fires.
Classification: Moderate
Citation: 30 TAC Chapter 330, SubChapter D 330.139(1)
30 TAC Chapter 330, SubChapter D 330.139(2)
Rqmt Prov: Section 4.5 Control of Windblown Wastes PERMIT
Description: Failed to control windblown waste and litter at the active working face.
Classification: Moderate
Citation: 30 TAC Chapter 330, SubChapter D 330.153
Rqmt Prov: SOP 4.11 Maintenance of Site Access Roa PERMIT
Description: Failed to maintain all-weather access roads and other access roadways in a clean and safe condition.
Classification: Moderate
Citation: 30 TAC Chapter 330, SubChapter D 330.165(a)
30 TAC Chapter 330, SubChapter D 330.165(c)
30 TAC Chapter 330, SubChapter D 330.165(d)
Rqmt Prov: SOP 4.17.2 and 4.17.3 PERMIT
Description: Failed to provide adequate landfill cover.
Classification: Moderate
Citation: 30 TAC Chapter 330, SubChapter D 330.143
Rqmt Prov: SOP 4.7 PERMIT
Description: Failed to install and maintain required landfill markers and a permanent benchmark.
Classification: Moderate
Citation: 30 TAC Chapter 330, SubChapter D 330.165(g)
Rqmt Prov: SOP 4.17.5 PERMIT
Description: Failed to repair erosion of intermediate cover within five days of detection.
Classification: Moderate
Citation: 30 TAC Chapter 330, SubChapter D 330.167
Rqmt Prov: SOP 4.18 PERMIT
Description: Failed to prevent the ponding of water at the Facility.
Classification: Moderate
Citation: 30 TAC Chapter 330, SubChapter D 330.121(a)
30 TAC Chapter 330, SubChapter D 330.133(a)
Rqmt Prov: SOP 4.2 PERMIT
Description: Failed to unload solid waste into as small an area as practical as specified in the SOP.
B. Criminal convictions:
N/A
C. Chronic excessive emissions events:
N/A
D. The approval dates of investigations (CCEDS Inv. Track. No.):
Item 1 February 24, 2016 (1306833)
Item 2 July 20, 2016 (1345328)
Item 3 August 17, 2016 (1329033)
F. Item 5 July 19, 2017 (1423890)
Item 7 July 17, 2018 (1500357)
Item 10 August 14, 2019 (1583039)
Item 11 July 17, 2020 (1663860)
Item 12 August 25, 2020 (1650600)
Item 13 September 22, 2020 (1676880)
E. Written notices of violations (NOV) (CCEDS Inv. Track. No.):
A notice of violation represents a written allegation of a violation of a specific regulatory requirement from the commission to a
regulated entity. A notice of violation is not a final enforcement action, nor proof that a violation has actually occurred.
N/A
F. Environmental audits:
N/A
O. Type of environmental management systems (EMSs):
N/A
H. Voluntary on-site compliance assessment dates:
N/A
I. Participation in a voluntary pollution reduction program:
N/A
3. Early compliance:
N/A
Sites Outside of Texas:
N/A
Component Appendices
Appendix A
All NOVs Issued During Component Period 11/9/2015 and 11/9/2020
1 Date: 03/15/2017 (1384283)
Classification: Moderate
Self Report? NO
Citation: 30 TAC Chapter 330, SubChapter D 330.139(1)
Description: Failure to control windblown MSW according to the site operating plan.
Classification: Moderate
Self Report? NO
Citation: 30 TAC Chapter 330, SubChapter A 330.15(a)(1)
30 TAC Chapter 330, SubChapter A 330.15(a)(2)
Description: Failure to prevent discharge of MSW into waters of the state.
2 Date: 04/27/2018 (1483034)
Classification: Moderate
Self Report? NO
Citation: 30 TAC Chapter 330, SubChapter F 330.111
Section 3.2 - Gas Probe Installation OP
Section 8.0 Stormwater Control OP
Description: Failure to follow permit requirements.
Classification: Moderate
Self Report? NO
Citation: 30 TAC Chapter 330, SubChapter F 330.111
Section 3.0 Overall Design OP
Description: Failure to maintain leachate levels at less than 30 cm. on the liner.
Classification: Minor
Self Report? NO
Citation: 30 TAC Chapter 330, SubChapter F 330.113(a)
Description: Failure to comply with record-keeping requirements.
Classification: Moderate
Self Report? NO
Citation: 30 TAC Chapter 330, SubChapter F 330.120(2)
Description: Failure to clean up litter at least weekly.
Classification: Moderate
Self Report? NO
Citation: 30 TAC Chapter 330, SubChapter F 330.139
Description: Failure to prevent unauthorized discharges.
3* Date: 10/21/2019 (1577825)
Classification: Moderate
Self Report? NO
Citation: 30 TAC Chapter 330, SubChapter G 330.305(e)
Description: Failure to have dikes, embankments, drainage structures, or diversion channels
sized and graded to handle the design run-off, specifically, the slopes of the sides
and toe are not graded in a manner to minimize the potential for erosion. B18.p.
(4)(2)(D)Moderate.
Classification: Moderate
Self Report? NO
Citation: TWC Chapter 26 26.121
Description: Failure to prevent an unauthorized discharge of waste into or adjacent to water in
the state. B13,(2)(D)Moderate.
Classification: Moderate
Self Report? NO
Citation: 30 TAC Chapter 330, SubChapter G 330.305(c)
Description: Failure to have a runoff management system constructed and maintained to
collect and control at least the water volume resulting from a 24-hour, 25-year
storm. B18.n.(3)(2)(G)Moderate.
Classification: Moderate
Self Report? NO
Citation: 30 TAC Chapter 330, SubChapter G 330.305(b)
Description: Failure to have a run-on control system constructed and maintained to prevent
flow of stormwater during a peak discharge from at least a 25-year storm. B18.n.
(3)(2)(G)Moderate.
* NOVs applicable for the Compliance History rating period 9/1/2015 to 8/31/2020
Appendix B
All Investigations Conducted During Component Period November 09, 2015 and November 09, 2020
(1306833)
Item 1* February 24, 2016**
(1345328)
Item 2* July 20, 2016**
(1329033)
Item 3* August 17, 2016**
(1424914)
item 4 July 17, 2017**
(1423890)
Item 5* July 19, 2017**
(1500357)
Item 6* July 17, 2018**
(1583039)
Item 7* August 14, 2019**
(1663860)
Item 8* July 17, 2020**
(1670554)
Item 9 August 18, 2020**
(1650600)
Item 10* August 25, 2020**
(1676880)
Item 11* September 22, 2020
No violations documented during this investigation
**Investigation applicable for the Compliance History Rating period between 09/01/2015 and 08/31/2020.
EXHIBIT B
SEP Program
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Phone(512)239 2223
' Fax(512)239-3434
RESPONDENT APPLICATION TO CONTRIBUTE TO sepreportscOteeq.texas.gov
A THIRD-PARTY PRE-APPROVED SUPPLEMENTAL PO Box 13087
ENVIRONMENTAL PROJECT ("SEP") SEP Coordinator,MC 175
Austin Texas 78711-3087
RESPONDENT INFORMATION
Application Date 05-25-2021 TCEQ Docket No.2020-1152-MSW-E Enforcement Case No.59754
Payable Penalty Amount$$13,500.00 SEP Offset Amount$$10,800.00 Enforcement Coordinator BERENICE MUNOZ
Respondent Name(legal name of organization)CITY OF PORT ARTHUR CountyJEFFERSON
Respondent Contact PersonALBERTO ELEFANO
Telephone409-983-8182 Emailalberto.elefano@portarthurtx.gov
PROPOSED SEP
View a list of all TCEQ Pre-Approved SEPs at https1Lwww.tceajexas,g_ov/compllanceJenforcement/seD/pre-approved-seps.html.
Choose a Third-Party SEP to contribute to and enter the information below.
Third-Party Administrator(Required)TEXAs WATER DEVELOPMENT BOARD-WATER LEVEL RECORDER DATA IN EVERY TEXAS COUNTY
Project Title WATER LEVEL RECORDER DATA
Amount $10,800.00
You may choose to contribute to one(1)or two(2)additional SEPs. If you elect to contribute to multiple SEPs,list each
additional Third-Party Administrator and project separately below:
Third-Party Administrator(Optional)
Project Title
Amount$
Third-Party Administrator(Optional)
Project Title
%mount$
NO PREVIOUS COMMITMENT CERTIFICATION
1 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 being undertaken solely as part of the settlement of the enforcement action.
Signature C .
Date 525 - '2.ca'Li
Name ALBERTO ELEFANO
Title
PUBLIC WORKS DIRECTOR
1 of 1
TCEQ-20669 REV 02-25-18
Jennifer Edwards
From: Gwen Thibodeaux
Sent: Tuesday, June 1, 2021 7:24 AM
To: Jennifer Edwards
Subject: RE: Need PR
21982
From:Jennifer Edwards
Sent: Saturday, May 29, 2021 2:59 PM
To:Gwen Thibodeaux<gwen.thibodeaux@portarthurtx.gov>
Subject: Need PR
Good afternoon Gwen,
Need a PR for the following...
City of Port Arthur's participation in a TCEQ Environmental Program to reduce penalty
assessed on the Landfill.
Jennifer
M. Jennifer Edwards, BAAS, MPA
Capital Improvements Project Manager
City Hall — Public Works — Engineering
444 4th St.; 3rd Floor
Port Arthur, TX 77640
409-983-8188 office
409-983-8294 fax
www.portarthurtx.gov
1