HomeMy WebLinkAboutPR 24296: RATIFICTION OF EMERGENCY REPAIR OF SEWER OVERFLOW IN AG'S INJUNCTION C zr flt
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INTEROFFICE MEMORANDUM
Date: April 22, 2025
To: The Honorable Mayor and City Council
Through: Ronald Burton, CPM, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: PR 24296 — Ratification of Emergency Repair of Sewer Overflow in AG's
Injunction
Introduction:
The intent of this Agenda Item is for the City Council to ratify the emergency repair
of the overflow mentioned in the Cause No. D-1-GN-25-001285; State of Texas's
Original Petition and Application for Temporary and Permanent Injunction by Global
Drilling, Inc. of Winnie, Texas and by Chief Solutions, Inc. of Houston, Texas for a
combined total of$221,480.00.
Background:
The failure of the gravity sanity sewer located on Sabine Ave and 10`1' Street listed in the Cause
No. D-1-GN-25-001285; State of Texas's Original Petition and Application for Temporary and
Permanent Injunction to be immediately addressed. An emergency memo was issued on
March 10, 2025, and Global Drilling waes the lowest bidder for replacing the sewer line and
Chief Solutions for the TV and cleaning the sewer lines. The project was completed by Global
Drilling, Inc of Winnie, Texas and Chief Solutions, Inc. of Houston, Texas. Global Drilling,
Inc. completed the repair of the 8-inch sewer line for a total of$193,550.00 for approximately
900 feet of 8-inch sewer replacement, 2 manholes, and service line connections. Chief
Solutions, Inc. completed the cleaning and TV of approximately 6000 feet of sewer lines for the
combined total amount of$27,930.00. The combined total for the repair, cleaning, and TV of
the sewer lines is
$221,480.00
PR No. 24296
4/22/25 cm
Page 1 of 3
RESOLUTION NO.
A RESOLUTION RATIFYING THE CITY MANAGER'S
DECISION TO AUTHORIZE THE EMERGENCY REPAIR
OF SEWER OVERFLOWS IDENTIFIED IN CAUSE NO. D-1-
GN-25-001285; THE STATE OF TEXAS'S ORIGINAL
PETITION AND APPLICATION FOR TEMPORARY AND
PERMANENT INJUNCTION BY GLOBAL DRILLING, INC.
OF WINNIE, TEXAS, IN THE AMOUNT $193,550.00, AND
THE EMERGENCY CLEANING BY CHIEF SOLUTIONS,
INC. OF HOUSTON, TEXAS IN THE AMOUNT OF
$27,930.00, FOR A COMBINED TOTAL NOT TO EXCEED
AMOUNT OF $221,480.00; FUNDING IN CIP ACCOUNT NO.
405-40-000-8516-00-00-000 IS CONTINGENT UPON THE
APPROVAL OF THE BUDGET AMENDMENT IN
PROPOSED ORDINANCE NO. 7331.
WHEREAS,the failure of the clay gravity sanitary sewer on Sabine Avenue and on 10th
Street were listed in the pending Cause No.D-1-GN-25-001285; State of Texas's Original Petition
and Application for Temporary and Permanent Injunction that need to be immediately addressed,
see Exhibit"D"; and,
WHEREAS,pursuant to Section 252.022(a)(1)of the Texas Local Government Code,this
purchase is authorized because of a public calamity that requires the immediate appropriation of
money to relieve the necessity of the municipality's residents or to preserve the property of the
municipality; and,
WHEREAS, it is further authorized pursuant to Section 252.022(a)(2) of the Texas local
Government Code to preserve or protect the public health or safety of the municipality's residents.
WHEREAS,on March 10,2025,the City Manager authorized the emergency repair of the
8-inch sewer line and the cleaning and TV of the 10-inch sewer line (Exhibit"A"); and,
WHEREAS Water Utilities Staff requested informal quotes for the repair and cleaning of
the sewer lines and awarded the work to the lowest bidders; and,
WHEREAS, Global Drilling,Inc. completed the repair and replacement of approximately
900 linear feet of 8-inch sewer line, 2 manholes, and service line connections on Sabine Avenue
and submitted an invoice along with photos of the work totaling $193,550.00 (Exhibit"B"); and,
WHEREAS, Chief Solutions, Inc. completed the cleaning and tv of approximately 6,000
linear feet of sewer lines on 10th Street and Lewis Drive,near the affected area of Sabine Avenue,
and submitted invoices with project details totaling $27,930.00 (Exhibit"C"); and,
PR No. 24296
4/22/25 cm
Page 2 of 3
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR,TEXAS:
THAT,the facts and recitals in the preamble are true and correct; and,
THAT, City Council hereby ratifies the emergency repair of the sewer line along Sabine
Avenue by Global Drilling, Inc. in the amount of$193,550.00 and the cleaning and TV of the
sewer lines on 10th Street and Lewis Drive, near the affected area of Sabine Avenue, by Chief
Solutions, Inc. in the amount of$27,930.00; and,
THAT,the combined total not to exceed amount for the emergency repair and cleaning is
$221,480.00 and is available from CIP Account No.405-40-000-8516-00-00-000,contingent upon
the approval of the budget amendment in Proposed Ordinance No. 7331; and,
THAT, a copy of the caption of this Resolution shall be spread upon the Minutes of the
Meeting of the City Council.
READ, ADOPTED, AND APPROVED this day of , 2025
at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES: Mayor
Councilmembers: •
NOES: •
CITY OF PORT ARTHUR, TEXAS:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
PR No. 24296
4/22/25 cm
Page 3 of 3
AS •
Roxann Pais Cotroneo
City Attorney
APPROVED FOR ISTRATION:
drit*
Ronald Burton, CP Or- Calvin Matthews, P.E.
City Manager Water Utilities Director
APPROVED AS TO THE AVAILABILITY
OF FUNDS:
d X 3 J.c. i PO 7 3 g i ° �'Law
Lynn(Lyn) Boswell, MA ICMA-CM Clifton it iams, CP
PB
Finance Director Purchasing Manager
Exhibit "A"
(Emergency Memo)
vrNnrt rthur
INTEROFFICE MEMORANDUM
WATER UTILITIES DEPARTMENT-WATER
ADMINISTRATION
Date: March 10,2025
To: Mr. Ronald Burton, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: 8" Sewer Repair on Sabine Avenue from 13th Street to Lewis Drive
Approximately 900 feet of 8" clay gravity sanitary sewer approximately 8 feet deep failed is listed in
the pending Attorney General's injunction to be immediately replaced within 1 week of the document
being served by the court. To meet this obligation and prevent further overflows and potential fines
the line must be replaced immediately.
The repair of the sewer line will require the replacement of multiple service taps and manholes in
addition to the pipe replacement and approximately 2,000 feet of 10" sewer line must be cleaned and
televised to satisfy the injunction. Delay in replacing this line jeopardizes public health and safety.
Water Utilities staff called Chief Solutions, Votex, and Global Drilling to provide informal bids for
this repair and the work will be awarded to the lowest estimate. We have estimated this work at
$350,000.00 and we are asking for your approval to mobilize the lowest company once the informal
bids are received to repair the line.
Funding is available in Fund Account No. 405-40-000-8516-00-00-000.
I, Ronald Burton, City Manager, approve the emergency repair.
`i
AVM."'"
3-l0-2025
Ron• • Burton, CPM Date
pity Manager
"Remember, we are here to serve the citizens of Port Arthur."
Exhibit "B"
(Global Drilling, Inc. Invoices and pictures)
GLOBAL DRILLING,INC.
44994
e 10
ie,Texas 77665,USA
C L B AL T:+1 800 956t8720 En•ninfo@globe dnsl ngequipment corn,
I i W.www.globaldrillingequioment.wm
INVOICE
Date:
Attn: ACCOUNTING April 4,2025
444 4th STREET PORT ARTHUR,TEXAS 776040
Project Name:Emergency Repairs at Sabine Ave. Ref.No.:
Location:SABINE AVE.PORT ARTHUR PA2025-007
ACTUAL COMPLETED WORK
ITEM TOTAL UNIT PRICE TOTAL PRICE REMARKS
NO. DESCRIPTION UNIT
QTY % PREVIOUS T OTAL
DATE TO
1 Mobilization,Site Clearing,Excavation 1 LS 100.00% 1 6,500.00 6,500.00
Replacement/Installation of 8"HDPE Pipe,
2 Approximately 900 LF by Pipe Bursting including all 900 LS 100.00% 900 117.00 105,300.00
necessary appurtenances,Complete in Place.
3 Service Line Connections 15 I L5 100.00% 16 2,700.00 43,200.00
4 Replacement of Concrete Manholes 2 LS 100.00% 3 12,850.00 38,550.00
TOTAL DUE: 193,550.00
Terms and Conditions:
Amount in Words(US Dollars):One Hundred Ninety Three Thousand Five Hundred Fifty Only
For
GLOBAL DRILLING,INC.
AP
JASMIN B—'c.10
Page I of 1
Emergency Job : Emergency Repair of 8" Sewerline at Sabine Ave.
Location : Sabine Ave., Port Arthur
March 14, 2025 - Delivery of 8" HDPE Pipes
March 17, 2025 - Delivery of Fusion Machine
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Emergency Job : Emergency Repair of 8" Sewerline at Sabine Ave.
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Emergency Job : Emergency Repair of 8" Sewerline at Sabine Ave.
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Exhibit "C"
(Chief Solutions, Inc. Invoices with the project details)
List of Invoices from Chief Solutions
For Sabine Ave Sanitary Sewer TV and Cleaning
Invoice Date Invoice No. Amount
4/24/2025 73049 $6,448.00
4/24/2025 73050 $4,288.00
4/24/2025 73051 $17,194.00
Total: $27,930.00
Chief SaluIiana,Inc
11500 North Houston Rosslyn Rd
Houston,TX 77088 US t•P'"
+17136823231
lorip@chiefsolutionsinc.com
BILL TO SHIP TO INVOICE 73049
City of Port Arthur, TX City of Port Arthur, TX
Jess Liao,444 4th Street
Port Arthur, TX 77641 US DATE 04/24/2025 TERMS Net 30
DUE DATE 05/24/2025
JOB TRANSMITTAL#
10TH ST 03172025- 35530
SERVICE./-SIZE MH1 MH2 QTY./LE RATE AMOUNT
HOURLY FOR-EXTRA CLEANING OF LINE 4-1-2025 4 500.00 2,000.00 __
Clean&TV 10"01-02 198 4.00 792.00
Clean&TV 10"02-04 399 4.00 1,596.00
Clean&TV 10"04-05 �._. 193 4.00 772.00
Clean &TV 10"05-06 ----- _ —__ --- - 88 4.00 __. 352.00
Clean&TV 10"06-07 135 4.00 540.00_
Clean&TV 10"08-09 __. -_._-99 4.00 396,00 _
SUBTOTAL 6,448.00
TAX 0.00
TOTAL 6,448.00
TOTAL DUE $6,44€1.00
Thank you for your business.
If payment of this invoice is not received by its due date,seller reserves the right to promptly send all notices which seller deems necessary or
advisable in order to protect seller's lien or bond rights to secure payment of the Invoice.
Chief-Solutions,Inc
11500 North Houston Rosslyn Rd
Houston,TX 77088 US !i.
+17136823231
lorip@chiefsolutionsino.com
BILL TO -SHIP To INVOICE 73050
City of Port Arthur,TX City of Port Arthur, TX
Jess Liao,444 4th Street
Port Arthur,TX 77641 US DATE 04/24/2025 TERMS Net 30
DUE DATE 05/24/2025
JOB TRANSMITTAL#
LEWIS 03172025- 35531
SERVICE/SIZE MH1 MH2 QTY/LF RATE AMOUNT
Clean &TV 6"08-02 180 4.00 720.00 ___
Clean&TV 6"08-02 123 4.00 492,00
Clean&TV 6"07-06 232 4.00 928.00
Clean&TV 6"07-06 143 4.00 _572.00
Clean &TV 6" 19-18 247 4.00 988.00
Clean &TV 6" 18-17 34 4.00 136.00
Clean&TV 6"22-21 ,, 113 4.00 452.00
SUBTOTAL 4,288.00
TAX 0.00
TOTAL 4,288.00
TOTAL DUE $4,288.00
Thank you for your business.
if payment of this Invoice Is not received by Its due date,seller reserves the right to promptly send all notices which seller deems necessary or
advisable In order to protect seller's Hen or bond rights to secure payment of the Invoice.
�r
r
Chlef Seluttm%,Inc
116DO North Houston Rosslyn Rd
Houston,TX 77088US |
+17136823231
|ohp@oh|edoo|ubono|nc.00m
'
BILL TO SHflPTD -INVOICE . =����k���� �
City of Port Arthur,TX City of Port Arthur, TX
Jess Liao, 4444th��naet
DATE04/2k2U25 TERMS Net 30
PortAdhur.TX 77641 U8
DLF_DA3E 05/24/2026
JOB TRANSHTTAL#
LEVV|SO3172025' 35533
`
SMV11GEMSIZE 8WH1 JNW 0TY/LF RATE J\NI8U��`%��N
HOURLY FOR-EXTRA HEAVY CLEANING 4-152025 3.50 1'750.00
_ Clean &TV _ �470 4.00 _ 1,880.00___
Clean &TV 10p17'16 414 4.00 1,656.00
____ 10^ 1S'14 _____ _____ 154 _ 4�0_ 616.00
O�mn8TV 10" 14-13 _ 167 _ 888�D
21'2O _ 74 4.00 296l0
Clean &TV 6"21'20 2 4.00 8.00_____
Clean &TV 6"20'13 238 4.0.0. 952.00 _
Clean &TV 13 274I0188.00__
Clean &TV 10" 13'12 1644.00 656l0_____
Clean &TV8" 12'12A 40G 4.00 1,63200__
1-10 _ _ 163 _4.00__- --652.00__
_ @@[L&Ty 8" 10'09 285 4.00 1,140.00_____ �
Clean &TV 8"09^09A _ 326 4.00 _1304.00
Clean &TV 9A'12A _ 651 4.00 2,60410_
Clean &TV 101'12Ar128 18 4 00
-------
Clean 1Cr12 O064�� 1.220.UD____
__-_-_ _—_---� � �
SUBTOTAL 17,194.00
TAX 0,00
TOTAL 17,194.00
TOTAL DUE
Thank you for your business.
If payment of this Invoice isnot remelvwdby its due date,seller reserves the right m promptly send all notices which seller demmnmaoaveryo,
advisable in order to protect seller's lion or bond rights to secure payment of the Invoice. /
Exhibit "D"
(Cause No. D-1-GN-25-001285; State of Texas's Original Petition and Application for
Temporary and Permanent Injunction)
2/20/2025 10:22 AM
Velva L. Price
D-1-GN-25-001285 District Clerk
Travis County
CAUSE NO. D-1-GN-25-001285
Rosa Oneal
STATE OF TEXAS, § IN THE DISTRICT COURT
Plaintiff,
v. § TRAVIS COUNTY, TEXAS
201ST, DISTRICT COURT
CITY OF PORT ARTHUR, TEXAS, §
Defendant. § JUDICIAL DISTRICT
STATE OF TEXAS'S ORIGINAL PETITION AND
APPLICATION FOR TEMPORARY AND PERMANENT INJUNCTION
The State of Texas (the "State"), by and through the Texas Commission on Environmental
Quality (the "TCEQ"), respectfully files this Original Petition and Application for Temporary and
Permanent Injunction, requesting this Court to issue a temporary injunction against the City of Port
Arthur, Texas ("Port Arthur") to prevent violations of state laws and regulations concerning the
unauthorized discharge of wastewater from three wastewater treatment systems owned and operated
by the City of Port Arthur,Texas.Port Arthur's poor maintenance of its wastewater treatment system
is causing ongoing discharges of sewage onto properties and into water meter boxes near the in the
2800 block of 10th Street and Sabine Avenue.The 10th Street discharges are pooling on the ground
and in water meter boxes,creating a public health hazard and a risk of drinking water contamination.
The Sabine Avenue discharges filled ditches with heavy oil/grease covered sewage along both sides
of Sabine Avenue.Although Port Arthur began repairs on the collapsed or clogged line causing these
discharges by replacing the sewage lines along Sabine Avenue and between Woodworth Blvd to
Florida Avenue, it has not completed the repairs despite repeated complaints from residents of
ongoing discharges. Until the lines along Sabine Avenue and between Florida Avenue and Dequeen
Blvd are replaced or repaired,the threat of sewage discharges remains.The State respectfully requests
the Court's intervention to safeguard the health of Port Arthur's residents.
I. DISCOVERY
1.1 The State of Texas will conduct discovery under the Level 3 Discovery Control Plan
pursuant to Texas Rule of Civil Procedure 190.4.
1.2 This case is not subject to the restrictions of expedited discovery under Texas Rule of
Civil Procedure 169 because the State of Texas seeks injunctive relief in addition to monetary relief.
1.3 The State of Texas seeks monetary relief within the jurisdictional limits of the Court.
1.4 Pursuant to Texas Rule of Civil Procedure 47(c), the State of Texas pleads that it is
seeking monetary relief of$250,000 or less, non-monetary relief, and all other relief to which it is
entitled. In the alternative, the State of Texas is seeking monetary relief over$250,000 but not more
than$1,000,000,non-monetary relief,and all other relief to which it is entitled.
II. PARTIES
2.1 Plaintiff, the State, is authorized to bring this suit through the Attorney General
pursuant to Texas Water Code § 7.105 and chapter 26 and Texas Health&Safety Code chapters 341
and 361.The State is not required to pay a filing fee or other security for costs and is not required to
pay a bond to the Court granting an injunction under Texas Civil Practice&Remedies Code § 6.001.
2.2 Defendant, the City of Port Arthur,Texas ("Port Arthur"),is a municipality and may
be served through its Mayor,Thurman Bartle,and City Secretary,Sherri Bellard,at 444 4th Street,Port
Arthur,Texas 77640,or wherever they may be found.
III.JURISDICTION AND VENUE
3.1 This Court has jurisdiction over this suit and the venue is proper in Travis County
because this is an action to enforce Texas Water Code Chapter 26, Texas Health & Safety Code
chapters 341 and 361,and TCEQ rules promulgated thereunder.Tex.Water Code § 7.105(a).
State of Texas v. City of Port Arthur, Texas. 2
Original Petition and Application for Temporary and Permanent Injunction
IV. NATURE OF SUIT AND AUTHORITY
4.1 This is a civil enforcement lawsuit brought under Texas Water Code Chapter 26 and
TCEQ Rules adopted by TCEQ pursuant to its authority under the Texas Water Code. This matter
involves three wastewater treatment systems owned and operated by Port Arthur.Port Arthur has not
complied with the requirements applicable to waste disposal activities,including a failure to minimize
or prevent any discharge of sludge use or disposal or other permit violation which has a reasonable
likelihood of adversely affecting human health or the environment.
4.2 It is the policy of the State to maintain the quality of water in the state consistent with
the public health and enjoyment.Tex.Water Code§ 26.003.
4.3 Furthermore, sewage, human excreta, wastewater, garbage, or other organic wastes
deposited, stored,discharged, or exposed in such a way as to be a potential instrument or medium in
disease transmission to a person or between persons is a public health nuisance.Tex.Health&Safety
Code § 341.011(5).
4.4 TCEQ is also responsible under Texas Health & Safety Code chapter 361 for the
management of municipal solid waste.' Tex. Health & Safety Code § 361.011(a). TCEQ shall
accomplish these purposes by controlling all aspects of the management of municipal solid waste. Id
§ 361.011(b).
4.5 Under TCEQ's municipal solid waste rules, a person may not cause, suffer, allow, or
permit the dumping or disposal of municipal solid waste without the written authorization of TCEQ.
30 Tex. Admin. Code § 330.15(c). Moreover, a person may not cause, suffer, allow, or permit the
collection, storage, transportation,processing,or disposal of municipal solid waste in such a manner
1 "Municipal solid waste"means solid waste resulting from or incidental to municipal,community,commercial,
institutional, or recreational activities, and includes garbage, rubbish, ashes, street cleanings, dead animals,
abandoned automobiles, and other solid waste other than industrial solid waste. Tex. Health & Safety
Code§361.003(20).
State of Texas v. City of Port Arthur, Texas. 3
Original Petition and Application for Temporary and Permanent Injunction
that causes the creation and maintenance of a nuisance or the endangerment of human health and
welfare. Id. § 330.15(a)(2)-(3).
4.6 TCEQ is the administrative agency in Texas primarily responsible for the regulation
of water quality in Texas in Texas. See generally Tex.Water Code § 26.011.
4.7 Under Tex.Water Code§26.121(a),no person may discharge sewage,municipal waste,
recreational waste, agricultural waste, or industrial waste into or adjacent to any water in the State
unless such activity is authorized by TCEQ.
4.8 TCEQ may issue permits and amendments to permits for the discharge of waste or
pollutants into or adjacent to water in the state.Tex.Water Code § 26.027.
4.9 Pursuant to its authority under the Texas Water Code, TCEQ adopted Chapter 305,
Title 30 of the Texas Administrative Code to set the standards and requirements for applications,
permits, and actions by TCEQ to carry out the responsibilities for management of waste disposal
activities under Texas Water Code Chapter 26. 30 Tex. Admin. Code § 305.1(a). These permits are
referred to as Texas Pollutant Discharge Elimination System ("TPDES") permits. Id. § 305.1(b).
4.10 A permittee must comply with all permit conditions in the TPDES permits. 30 Tex.
Admin. Code § 305.125(1). Failure to comply with any permit condition is a violation of the permit
and statutes under which it was issued and is grounds for enforcement action. Id. § 305.125(1).
4.11 A permittee must take all reasonable steps to minimize or prevent any discharge of
sludge use or disposal or other permit violation which has a reasonable likelihood of adversely
affecting human health or the environment. 30 Tex.Admin Code. § 305.125(4).
4.12 Under the Texas Water Code, a person may not cause, suffer, allow, or permit a
violation of the state's statutes,rules,or orders regarding the protection of public water supplies.Tex.
Water Code § 7.101.
State of Texas v. City of Port Arthur,Texas. 4
Original Petition and Application for Temporary and Permanent Injunction
4.13 TCEQ may issue administrative orders and assess administrative penalties against a
person for violations of applicable statutes and rules pursuant to TCEQ's authority under Tex.Water
Code §§ 5.102 and 7.002.
4.14 A person who causes, suffers, allows or permits a violation under Chapter 26 of the
Texas Water Code, or a rule or order issued thereunder, shall be assessed a civil penalty of not less
than $50 nor more than $25,000 for each day of violation. Tex. Water Code § 7.102. Each day of a
continuing violation is a separate violation. Id.
4.15 The Attorney General may institute a suit in the name of the State of Texas to enforce
state statutes and TCEQ's rules or orders through injunctive relief and civil penalties as set forth in
Tex.Water Code§§ 7.032 and 7.105.
V. BACKGROUND
5.1 Port Arthur owns and operates three wastewater treatment facilities: (1) the Main
Wastewater Treatment Plant("Main WWTP"),located approximately 0.2 miles east of the intersection
of Proctor Street and Main Avenue, 3.3 miles northeast of U.S. Highway 287 and State Highway 87;
(2) the Port Acres Wastewater Treatment Plant("Port Acres WWTP"),located immediately northeast
of the intersection of Farm-to-Market Road 365 and Port Arthur Road in Jefferson County, Texas;
and (3) the Sabine Pass Wastewater Treatment Plant, located approximately 0.3 miles north of
Tremont St. in Jefferson County at 5137 S 3rd Ave., Port Arthur, Texas ("Sabine Pass WWTP")
(collectively,the"Facilities").
5.2 Currently, the Facilities actively maintain permits from TCEQ to discharge
wastewater: the Main WWTP under Permit No. WQ0010364001 ("Permit-4001"), the Port Acres
WWTP under permit No.WQ0010364002("Permit-4002"),and the Sabine Pass WWTP under permit
No. WQ0010364010 ("Permit-4010") (collectively,the "Permits").
5.3 The Main WWTP discharges to the Sabine-Neches Canal Tidal in Segment No. 0703
State of Texas v. City of Port Arthur, Texas. 5
Original Petition and Application for Temporary and Permanent Injunction
of the Neches-Trinity Coastal Basin,which is used for aquatic life, recreation, and general use.'The
Port Acres WWTP discharges to the Rhodair Gully;thence to Taylor Bayou Above Tidal in Segment
No. 0701 of the Neches-Trinity Coastal Basin, which is used for aquatic life, recreation, fish
consumption,and general use.'The Sabine Pass WWTP discharges to a ditch,thence to a pond,thence
to a tidal ditch, thence to Buford St. and RR tidal canals,thence to Sabine Pass in Segment No. 2411
of the Bays and Estuaries,which is used for aquatic life,recreation,fish consumption,oyster wasters,
and general use.'
Port Arthur's Ongoing Discharges that Threaten Human Health Requiring a Temporary
Injunction
5.4 Currently, Port Arthur is experiencing numerous and frequent sewage backups and
discharges of wastewater as a result of operational and maintenance issues at the Facilities.
5.5 Local residents complained on February 6, 2024, that sewage was backing up onto
their properties. TCEQ investigator Ronald Hebert,Jr. conducted an investigation of the complaint
in the 2800 block of 10th Street on February 7,2024. He observed:
• Standing water on the southeast side of the residence and an open cleanout that was filled to
the top of the pipe with toilet paper and other sewage related material on the ground. A
sample of the water tested positive for ammonia (an indicator of sewage contamination).
• Standing water along the south fence line of the backyard residence at 2826 10th Street.Two
samples of the water confirmed sewage contamination.
• An open cleanout at the residence at 2829 9th Street with a heavy accumulation of toilet
paper.
• Pooling effluent in the alley between 9th and 10th Street that also tested positive for ammonia.
In the bottom of the pooled effluent was a sewer meter box with the lid removed.
• At 2818 9th Street, a missing cleanout cap and toilet paper and sewage pooling around the
2Attachment A,Permit No.WQ0010364001;Attachment B,TCEQ,2024 Texas Integrated Report:Assessment Results
for Basin 7—Neches-Trinity Coastal at 6(2024).
3 Attachment C,Permit No.WQ0010364002;Attachment B,TCEQ,2024 Texas Integrated Report:Assessment Results
for Basin 7—Neches-Trinity Coastal at 4-6(2024).
4 Attachment D,Permit No.WQ0010364010;Attachment E,TCEQ,2024 Texas Integrated Report:Assessment Results
for Basin 24—Bays and Estuaries at 3 (2024).
State of Texas v. City of Port Arthur, Texas. 6
Original Petition and Application for Temporary and Permanent Injunction
ground near the cleanout plug.
• Standing sewage with toilet paper behind the fence of the complainants in the alleyway.
5.6 Mr. Hebert spoke to Mr. Floyd Riley, Compliance Manager for Port Arthur, and Mr.
Jrell Jones,Collection Supervisor for Port Arthur.Mr.Jones explained that the sewer line is an 8-inch
clay tile pipe that had collapsed somewhere between Memorial Boulevard and Dequeen Boulevard.
Mr.Jones opened the manhole on the line on El Paso Street between 9th and 10th Street and the
manhole was full of sewage water.
5.7 Following the February discharge event, Port Arthur began repairs to the 10th street
line. However, Port Arthur continued to experience frequent sewage backups and discharges of
wastewater as a result of operational and maintenance issues at the Facilities, including a discharge
event at the Main WWTP.5 During this time, Port Arthur, TCEQ, and the Office of the Attorney
General ("OAG") were in continual communication regarding updates and the status of repairs in
relation to the Facilities, including updates regarding Port Arthur's unsuccessful attempts to be
approved for and receive funding to bring the Facilities into compliance. TCEQ and the OAG
continued to monitor Port Arthur's progress,and,ultimately,its continued non-compliance.Although
repairs were started on the 10th street line,Port Arthur did not complete the repairs,which resulted in
further sewage discharge events in and near the homes of Port Arthur residents.
5.8 On December 3, 2024, two residents on 10th Street complained again of sewage
discharges. Mr. Hebert conducted an investigation on December 4, 2024. He observed standing
sewage in some of the same locations observed in February 2024. Of particular note:
• Sewage was pooling again at 2826 10th Street, 2829 9th Street, in the alley between 9th and
10th Street,and at 2818 9th Street.
• At least two public water meter boxes were full of sewage behind the residences of 2848,2838
and 2800 10th Street,creating a risk of cross-contamination with the properties'water supplies.
5 See discussion supra Para. 5.22.
State of Texas v. City of Port Arthur, Texas. 7
Original Petition and Application for Temporary and Permanent Injunction
5.9 Mr. Floyd Riley was present at the December 4, 2024, investigation and told Mr.
Hebert that the line Port Arthur began repairing on February 4,2024,was replaced from Woodworth
Blvd to Florida Avenue, but the collection crew was sent to another location before the project was
completed further down the line between Florida Avenue and Dequeen Blvd. Mr. Hebert contacted
Calvin Matthews,Director of Water Utilities for Port Arthur, on December 4, 2024,who confirmed
he pulled the crew off the line repair to send them to another part of the city prior to completing the
project. Mr. Matthews stated he believes the line between Florida Avenue and Dequeen Blvd is
blocked but is not collapsed.
5.10 Until the line between Florida Avenue and Dequeen Blvd is replaced or repaired,
the threat of sewage discharges to nearby properties remains.
5.11 On December 18, 2024, Mr. Floyd Riley contacted TCEQ to report a large sewage
discharge event on Sabine Avenue, which had been occurring off and on since December 6, 2024.
The discharge event was a result of a collapsed line on Sabine Avenue. Mr. Hebert conducted an
investigation of the discharge event on December 18,2024. He observed:
• Approximately 320 yards of sewage filled ditches along both sides of Sabine Avenue,
which was noted to be within a neighborhood.
• Heavy oil/grease covering the surface of the sewage within the ditches along both
sides of Sabine Avenue.
5.12 On December 20, 2024, Mr. Hebert noted that Port Arthur excavated down to the
collapsed pipe, and there was sewage openly flowing within the excavated hole from one end of the
open pipe to the other.
5.13 On January 3,2025,Mr.Hebert was informed by Mr.Floyd Riley that Port Arthur had
replaced 700 feet of sewage line piping but had to order more piping to finish repairing the collapsed
pipe on Sabine Avenue. Additionally, Mr. Riley stated that Port Arthur is still waiting on the pipe
State of Texas v. City of Port Arthur, Texas. 8
Original Petition and Application for Temporary and Permanent Injunction
bursting crew to move to the 10th Street location to complete the work on that line.
5.14 Until the line on Sabine Avenue is replaced or repaired,the threat of sewage discharges
to nearby properties remains.
Port Arthur's Prior Noncompliance:
5.15 Port Arthur's current struggles with compliance are not new. The Facilities have
experienced numerous compliance issues since their wastewater discharge permits were issued.'
Unfortunately, none of these prior administrative enforcement efforts have resolved the Facilities'
compliance issues.
Port Arthur's General Noncompliance
5.16 Port Arthur is experiencing frequent sewage backups and discharges of wastewater as
a result of operational and maintenance issues at the Facilities generally,including failing equipment,
line breaks, and pipe bursts. Local residents have filed numerous complaints regarding concerns
related to sewage discharges, backups, and public water meter boxes full of sewage discharging onto
the resident's property. Since 2018, TCEQ conducted numerous compliance investigations at the
Facilities,and cited Port Arthur with various violations of its Permits and TCEQ rules and regulations.
TCEQ Investigations:Main WWTP:
5.17 On March 9, 2018,TCEQ conducted a compliance file review investigation of Main
WWTP, recorded as Investigation No. 1482444 ("Investigation-2444"). Attachment F. During the
investigation, a TCEQ investigator observed that Port Arthur was not complying with its permit
6 See Agreed Order, Docket No. 98-0261-MWD-E (Apr. 7, 1999) (As a result of 190 unauthorized discharges, permit
limitation exceedances,and other violations at the Facilities between 1997 and 1998,the TNRCC instituted an enforcement
action against Port Arthur. In April of 1999, TCEQ and Port Arthur entered into an Agreed Order to resolve the
enforcement action.);State of Texas v.City of Port Arthur,No.D-1-GV-07-001556(In 2007,the State sued Port Arthur,
alleging failure to complete requirements of the 1999 Agreed Order,violations of the Main WWTP Permit-4001 and the
Port Acres WWTP Permit-4002,and violations of the Texas Water Code and wastewater treatment and collection system
regulations. An Agreed Final Judgment and Permanent was entered bythe Court on October 6,2009.);Agreed
� g* J l� Injunction
Order Docket No. 2014-1264-MWD-E (As a result of 195 exceedances of permitted effluent limitations between
November 2013 and July 2014,TCEQ instituted a second enforcement action against Port Arthur,TCEQ and Port Arthur
entered into an Agreed Order to resolve the enforcement action.).
State of Texas v.Cl y of Port Arthur, Texas. 9
Original Petition and Application for Temporary and Permanent Injunction
conditions under Permit-4001. All facts and alleged violations are summarized and explained in detail
within Investigation-2444,attached below as Attachment F.
5.18 On January 27,2021,TCEQ conducted a compliance file review investigation of Main
WWTP, recorded as Investigation No. 1700824 ("Investigation-0824"). Attachment G. During the
investigation, a TCEQ investigator observed that Port Arthur was not complying with its permit
conditions under Permit-4001. All facts and alleged violations are summarized and explained in detail
within Investigation-0824,attached below as Attachment G.
5.19 From November 28-30, 2022, TCEQ conducted a compliance investigation of Main
WWTP, recorded as Investigation No. 1867139 ("Investigation-7139"). Attachment H. During the
investigation, a TCEQ investigator observed that Port Arthur was not complying with its permit
conditions under Permit-4001.All facts and alleged violations are summarized and explained in detail
within Investigation-7139,attached below as Attachment H.
5.20 On November 28, 2023, TCEQ conducted a compliance investigation of Main
WWTP, recorded as Investigation No. 1949590 ("Investigation-9590"). Attachment I. During the
investigation, a TCEQ investigator observed that Port Arthur was not complying with its permit
conditions under Permit-4001.All facts and alleged violations are summarized and explained in detail
within Investigation-9590,attached below as Attachment I.
5.21 On February 7, 2024,TCEQ conducted a compliance investigation of Main WWTP,
recorded as Investigation No. 1960936 ("Investigation-0936"). Attachment J. During the
investigation, a TCEQ investigator observed that Port Arthur was not complying with its permit
conditions under Permit-4001.All facts and alleged violations are summarized and explained in detail
within Investigation-0936,attached below as Attachment J.
5.22 On May 9, 2024, TCEQ conducted a compliance investigation of Main WWTP,
recorded as Investigation No. 1987449. Attachment K. On May 7, 2024, Mr. Floyd Riley, the Port
State of Texas v. City of Pod Arthur, Texas. 10
Original Petition and Application for Temporary and Permanent Injunction
Arthur's Compliance Manager, contacted TCEQ to report that a 30-inch force main line from the
Main WWTP had a leak and was documented by observing an area seeping wastewater up from the
ground. Mr. Riley further reported that to repair the leak, the Port Arthur's contractor performed a
bypass from the Main WWTP,which resulted in the discharge of approximately 3,000,000 gallons of
sewage into the Jefferson County Drainage District No. 7 canal system ("DD7 Canal") directly
adjacent to the Main WWTP. A TCEQ investigator evaluated the sewage discharge in the DD7 canal
and noted that the water in the canal was gray colored with some debris.
TCEQ Investigations: Port Acres WWTP:
5.23 On February 15, 2018, TCEQ conducted a compliance investigation of Port Acres
WWTP, recorded as Investigation No. 1477654 ("Investigation-7654"). Attachment L. During the
investigation, a TCEQ investigator observed that the Port Arthur was not complying with its permit
conditions under Permit-4002.All facts and alleged violations are summarized and explained in detail
within Investigation-7654,attached below as Attachment L.
5.24 On May 13,2020,TCEQ conducted a compliance investigation of Port Acres WWTP,
recorded as Investigation No. 1646159 ("Investigation-6159"). Attachment M. During the
investigation, a TCEQ investigator observed that the Port Arthur was not complying with its permit
conditions under Permit-4002.All facts and alleged violations are summarized and explained in detail
within Investigation-6159,attached below as Attachment M.
5.25 From December 14-15, 2022, TCEQ conducted a compliance investigation of Port
Acres WWTP,recorded as Investigation No. 1872958 ("Investigation-2958").Attachment N.During
the investigation, a TCEQ investigator observed that the Port Arthur was not complying with its
permit conditions under Permit-4002. All facts and alleged violations are summarized and explained
in detail within Investigation-2958,attached below as Attachment N.
State of Texas v.City of Port Arthur, Texas. 11
Original Petition and Application for Temporary and Permanent Injunction
TCEQ Investigations: Sabine Pass:
5.26 On November 30,2021,TCEQ conducted a compliance investigation of Sabine Pass
WWTP, recorded as Investigation No. 1775213. Attachment O. During the investigation, a TCEQ
investigator observed that the Port Arthur was not complying with its permit conditions under Permit-
4010. All facts and alleged violations are summarized and explained in detail within Investigation-
5213,attached below as Attachment O.
5.27 On September 29,2022,TCEQ conducted a compliance investigation of Sabine Pass
WWTP, recorded as Investigation No. 1847333 ("Investigation-7333"). Attachment P. During the
investigation, a TCEQ investigator observed that the Port Arthur was not complying with its permit
conditions under Permit-4010. All facts and alleged violations are spmmarized and explained in detail
within Investigation-7333,attached below as Attachment P.
VI.VIOLATIONS
6.1 Except as authorized by TCEQ, no person may discharge sewage into or adjacent to
any water in the state.Tex.Water Code § 26.121(a)(1).
6.2 A person may not cause,suffer,allow,or permit the dumping or disposal of municipal
solid waste without the written authorization of TCEQ. 30 Tex.Admin. Code§ 330.15(c).
6.3 A permittee must comply with all permit conditions in the TPDES permits. 30 Tex.
Admin. Code § 305.125(1). Failure to comply with any permit condition is a violation of the permit
and statutes under which it was issued and is grounds for enforcement action.Id.
6.4 A person may not cause,suffer,allow,or permit a violation of a statute within TCEQ's
jurisdiction,or a rule,order or permit issued under such a statute.Tex.Water Code § 7.101.
6.5 A person who causes, suffers, allows or permits a violation under Chapter 26 of the
Texas Water Code, or a rule or order issued thereunder, shall be assessed a civil penalty of not less
State of Texas v. City of Port Arthur, Texas. 12
Original Petition and Application for Temporary and Permanent Injunction
than $50 nor more than $25,000 for each day of violation. Tex. Water Code § 7.102. Each day of a
continuing violation is a separate violation. Id.
Ongoing Threats to Human Health Caused by Unauthorized Discharges of Wastewater
6.6 Pursuant to Tex. Water Code § 26.121(a)(1), no person may discharge sewage,
municipal waste,recreational waste,agricultural waste,or industrial waste into or adjacent to any water
in the State unless such activity is authorized by TCEQ. According to Permit Condition No. 2.d. of
Permit-4001, Permit-4002, and Permit-4010, Port Arthur must take all reasonable steps to minimize
or prevent any discharge or sludge use or disposal or other permit violations that have a reasonable
likelihood of adversely affecting human health or the environment. Further, Permit Condition No.
2.g. of Permit-4001,Permit-4002, and Permit-4010 forbids the unauthorized discharge of wastewater
or any other waste.
6.7 By statute, sewage, human excreta, wastewater, garbage, or other organic wastes
deposited, stored, discharged,or exposed in such a way as to be a potential instrument or medium in
disease transmission to a person or between persons is a public health nuisance.Tex.Health&Safety
Code § 341.011(5).
6.8 A person may not cause,suffer,allow,or permit the collection,storage,transportation,
processing, or disposal of municipal solid waste in such a manner that causes the creation and
maintenance of a nuisance or the endangerment of human health and welfare. 30 Tex. Admin.
Code § 330.15(a)(2)-(3).
6.9 Based on Section V above, including TCEQ's investigations referenced, Port Arthur
continues to or threatens to cause, suffer, allow, or permit violations of Tex. Water Code§§ 7.101,
26.121(a)(1),30 Tex.Admin. Code §§ 305.125(1), (4),330.15(a)(2)-(3),(c),and Permit Conditions 2.d.
& 2.g. of Permit-4001, Permit-4002, and Permit-4010, by allowing the unauthorized discharges of
wastewater. Each day of a continuing discharge is a separate violation.
State of Texas v. City of Port Arthur, Texas. 13
Original Petition and Application for Temporary and Permanent Injunction
Failure to comply with all conditions in Permit-4001—Main WWTP
6.10 As a holder of a TPDES permit, Port Arthur must comply with all conditions in
Permit-4001 for the Main WWTP. 30 Tex. Admin. Code § 305.125(1).
6.11 Based on TCEQ's investigations, referenced in paragraph 5.17 to 5.22 above, Port
Arthur caused, suffered, allowed, or permitted violations of 30 Tex. Admin. Code § 305.125(1) by
failing to comply with numerous permit conditions in Permit-4001.
6.12 Therefore,Port Arthur caused, suffered,allowed, or permitted violations of 30 Texas
Administrative Code § 305.125(1) and Texas Water Code § 7.101.
Failure to comply with all conditions in Permit-4002—Port Acres WWTP
6.13 As a holder of a TPDES permit, Port Arthur must comply with all conditions in
Permit-4002 for the Port Acres WWTP. 30 Tex. Admin. Code § 305.125(1).
6.14 Based on TCEQ's investigations, referenced in paragraph 5.23 to 5.25 above, Port
Arthur caused, suffered, allowed, or permitted violations of 30 Tex. Admin. Code § 305.125(1) by
failing to comply with numerous permit conditions in Permit-4002.
6.15 Therefore, Port Arthur caused,suffered, allowed, or permitted violations of 30 Texas
Administrative Code § 305.125(1) and Texas Water Code§ 7.101.
Failure to comply with all conditions in Permit-4010—Sabine Pass WWTP
6.16 As a holder of a TPDES permit, Port Arthur must comply with all conditions in
Permit-4010 for the Sabine Pass WWTP. 30 Tex.Admin. Code § 305.125(1).
6.17 Based on TCEQ's investigations,referenced in paragraphs 5.26 and 5.27 above, Port
Arthur caused, suffered, allowed, or permitted violations of 30 Tex. Admin. Code § 305.125(1) by
failing to comply with numerous permit conditions in Permit-4010.
6.18 Therefore, Port Arthur caused, suffered,allowed, or permitted violations of 30 Texas
Administrative Code § 305.125(1) and Texas Water Code § 7.101.
State of Texas v. City of Port Arthur, Texas. 14
Original Petition and Application for Temporary and Permanent Injunction
VII. CLAIM I —CIVIL PENALTIES
7.1 Texas Water Code § 7.101 provides that"[a] person may not cause,suffer,allow,or
permit a violation of a statute within TCEQ's jurisdiction or a rule adopted,or an order or permit
issued under such a statute."
7.2 A person who causes, suffers, allows or permits a violation under Texas Water Code
Chapter 26 or Texas Health&Safety Code Chapter 361,or a rule or order issued thereunder, shall
be assessed a civil penalty of not less than$50.00 nor more than$25,000.00 for each day of each
violation.Tex.Water Code § 7.102. Each day of a continuing violation is a separate violation. Id.
7.3 As demonstrated in Sections V and VI above,Port Arthur has owned and operated
the Facilities in violation of Texas Water Code Chapter 26,TCEQ rules and regulations,and TCEQ-
issued TPDES Permits.
7.4 Therefore,the State requests civil penalties within the statutory range stated above
for each day of each violation alleged in Section VI against Port Arthur.
VIII. CLAIM II —INJUNCTIVE RELIEF
8.1 The Attorney General may commence an action on behalf of the State to enjoin a
violation or threatened violation of any TCEQ rule or order.Tex. Water Code § 7.032(6). As alleged
above,Port Arthur is in current violation of TCEQ's rule,and there is a threat of future violations at
the Main WWTP,Port Acres WWTP,and Sabine Pass WWTP.Without relief,Port Arthur continues
to threaten causing a public health nuisance and the endangerment of public health and welfare.
Accordingly, the State seeks an appropriate temporary and permanent injunctive order to prevent
violations or threatened continuing violations and to obtain appropriate corrective actions.
8.2 In this suit to enjoin a violation or threat of violation,"if it appears that a violation or
threat of violation of a statute within the [C]ommission's jurisdiction or a rule adopted or an order or
a permit issued under such a statute has occurred or is about to occur, the [TCEQ] may have a suit
State of Texas v. City of Port Arthur, Texas. 15
Original Petition and Application for Temporary and Permanent Injunction
instituted in district court for injunctive relief to restrain the violation or threat of violation." Tex.
Water Code § 7.032(b).
8.3 When it is determined that a statute is being violated,it is within the province of the
district court to restrain it, and a balancing of the equities does not apply. State v. Tex. Pet Foods, Inc.,
591 S.W.2d 800, 805 (Tex. 1979). When the applicant relies upon a statutory source for injunctive
relief, the statute's express language supersedes the common law injunctive relief elements such as
imminent harm or irreparable injury and lack of an adequate remedy at law. West v. State,212 S.W.3d
513, 519 (Tex.App.—Austin 2006,no pet.).
8.4 Where the facts conclusively show a party is violating the substantive law, it
becomes the duty of the court to enjoin the violation and in such case, there is no discretion
to be exercised. Kubala Pub.Adjusters,Inc. v. Unauthorized Prac. of L. Comm., 133 S.W.3d 790,795 (Tex.
App.—Texarkana 2004,no pet.) (emphasis added);Health Enrichment&Longevity Inst.,Inc. v. State,No.
03-03-00578-CV, 2004 WL 1572935, at *5 (Tex. App.—Austin July 15, 2004, no pet.) (mem. op.);
Crain v. Unauthorized Prac. of L. Comm., 11 S.W.3d 328,332 (Tex.App.—Houston [1st Dist.] 1999,pet.
denied); Green v. Unauthorized Prac. of L. Comm., 883 S.W.2d 293, 296 (Tex. App.—Dallas 1994, no
writ);Priest v. Tex.Animal Health Comm'n, 780 S.W.2d 874, 876 (Tex. App.—Dallas 1989,no writ).
8.5 No bond is required of the State prior to granting an injunction as set forth in Texas
Water Code § 7.032(b).
8.6 Pursuant to Texas Water Code § 7.032, the State respectfully requests that this Court
issue a temporary injunction against the City of Port Arthur, Texas, as well as their officers, agents,
servants,employees, and attorneys,and upon those persons in active concert or in participation with
them, to carry out the following:
State of Texas v. City of Port Arthur, Texas. 16
Original Petition and Application for Temporary and Permanent Injunction
I. Temporary Injunction
A. Words and Terms
1. "Port Arthur"means the City of Port Arthur,Texas,a municipality.
2. "TCEQ"means the Texas Commission on Environmental Quality.
3. "State"means the State of Texas.
4. "Days" means calendar days.
5. "Effective Date" means the date on which the Court signs this Injunction.
6. "Immediately"means by 5:00 p.m. Central Standard Time on the next Day after the
Effective Date.
7. "Facilities"means the Main Wastewater Treatment Plant,located approximately 0.2
miles east of the intersection of Proctor Street and Main Avenue, 3.3 miles northeast
of U.S. Highway 287 and State Highway 87, the Port Acres Wastewater Treatment
Plant,located immediately northeast of the intersection of Farm-to-Market Road 365
and Port Arthur Road in Jefferson County, Texas, and the Sabine Pass Wastewater
Treatment Plant, located approximately 0.3 miles north of Tremont St. in Jefferson
County at 5137 S 3rd Ave.,Port Arthur,Texas.
8. "Collection System" means pipes, conduits, lift stations, force mains, and all other
constructions, devices, and appurtenant appliances used to transport domestic
wastewater to the Facilities.
9. "TPDES Permits" means Permit Nos. WQ0010364001, WQ0010364002,
WQ0010364010
B. Ordering Provisions
1. Immediately upon the Effective Date,Port Arthur shall disinfect and clean any and all
areas, including water meter boxes, affected by unauthorized discharges of sewage,
wastewater, or municipal solid waste from the line serving 10th Street and the line
serving Sabine Avenue.
2. Within five (5) days of the Effective Date, Port Arthur shall repair or replace (1) the
effluent line serving 10th Street between Florida Avenue and Dequeen Blvd and (2)
the effluent line along Sabine Avenue.
3. Within ten (10) Days of the Effective Date, Port Arthur shall submit written
certification to TCEQ, the OAG, and this Court demonstrating compliance with
paragraph 1 and 2 above,in accordance with paragraph 9 below.
State of Texas v.City of Port Arthur, Texas. 17
Original Petition and Application for Temporary and Permanent Injunction
4. Within thirty (30) days of the Effective Date, Port Arthur shall cease any and all
unauthorized discharge of sewage, wastewater, or municipal solid waste from the
Facilities or Collection System.
5. Within forty (40) Days of the Effective Date, Port Arthur shall submit written
certification to TCEQ, the OAG, and this Court demonstrating compliance with
paragraph 4 above,in accordance with paragraph 9 below.
6. The State requests any additional or alternative mandatory or prohibitory injunctive
relief deemed appropriate by this Court.
Response to Requests for Information
7. Port Arthur shall respond completely and adequately, as determined by TCEQ alone,
to all letters requesting additional information within fifteen (15) Days after the date
of such letters,or by any other deadline specified in writing.
Extension of Deadlines
8. TCEQ may extend any deadline required by these Injunctive Provisions through a
notification in writing from TCEQ. Port Arthur may request an extension of any
deadline required by these Injunctive Provisions by submitting a written request to the
addresses provided in Injunctive Provision No. 9.
Certification
9. Port Arthur shall certify compliance with the requirements in the paragraphs above.
The certifications shall be accompanied by detailed supporting compliance
documentation,shall be notarized by a State of Texas Public Notary,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 written certifications and copies of documentation necessary to demonstrate
compliance with the Injunctive Provisions must be submitted to:
Water Section Manager
Beaumont Regional Office
Texas Commission on Environmental Quality
3870 Eastex Fwy
Beaumont,Texas 77703-1830
and:
State of Texas v. City of Port Arthur, Texas. 18
Original Petition and Application for Temporary and Permanent Injunction
Enforcement Division,MC 149A
Texas Commission on Environmental Quality
P.O. Box 13087
Austin,Texas 78711-3087
and electronically to:
Jaxon Welchman
Office of the Attorney General
Environmental Protection Division
P.O. Box 12548,MC 066
Austin,Texas 78711-2548
Jaxon.Welchman@oag.texas.gov;and
EPDjudgments@oag.texas.gov
8.7 No bond is required of the State prior to the Court granting an injunction as set forth
in Texas Water Code § 7.032(d). Upon final trial, the State requests that this Court also make
permanent the temporary injunction provisions against Port Arthur and issue such additional
injunctive relief as may be warranted by the facts.
IX.ATTORNEY'S FEES
9.1 This is an action brought by the State for civil penalties and injunctive relief.
Therefore, the Attorney General is entitled to recover and collect reasonable attorney's fees,
investigative costs, and court costs on behalf of the State. Tex. Water Code § 7.108. In the event of
an appeal to the Court of Appeals or to the Supreme Court,the Attorney General is entitled to recover
and collect additional reasonable attorney's fees and court costs on behalf of the State.
X. POST JUDGEMENT INTEREST
10.1 Pursuant to Tex. Fin. Code § 304.003, the State asks this Court to award the State
post-judgment interest on all amounts awarded in relation to this proceeding, at the maximum rate
allowed by law.
XI.PRAYER
11.1 The State of Texas respectfully requests the issuance of a Temporary Injunction
State of Texas v. City of Port Arthur, Texas. 19
Original Petition and Application for Temporary and Permanent Injunction
against Port Arthur,until such a time that a trial occurs,and the Court issues a permanent injunction,
and any other relief to which it may be entitled.
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
BRENT WEBSTER
First Assistant Attorney General
RALPH MOLINA
Deputy First Assistant Attorney General
AUSTIN KINGHORN
Deputy Attorney General for Civil litigation
KELLIE E.BILLINGS-RAY
Chief,Environmental Protection Division
/s/ Jaxon Welchman
JAXON WELCHMAN
State Bar No. 24127893
Assistant Attorney General
Jaxon.Welchman@oag.texas.gov
JAKE MARX
Assistant Attorney General
State Bar No. 24087989
Jake.Marx@oag.texas.gov
KATIE HOBSON
Assistant Attorney General
State Bar No. 24082680
Katie.Hobson@oag.texas.gov
Office of the Attorney General
Environmental Protection Division
P.O.Box 12548,MC 066
Austin,Texas 78711-2548
Tel.: (512) 463-2012
Fax: (512) 320-0911
ATTORNEYS FOR THE STATE OF TEXAS
State of Texas v. City of Port Arthur, Texas. 20
Original Petition and Application for Temporary and Permanent Injunction
AFFIDAVIT OF RONALD HEBERT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared by
means of an interactive two-way audio and video communication Ronald Hebert,who
has provided satisfactory evidence of identity in accordance with Chapter 406, Texas
Government Code to be the person whose name is subscribed on the foregoing
instrument and acknowledged to me that they executed the same for the purposes and
consideration therein expressed. This notarial act was an online notarization. After I
administered an oath to him, upon his oath, he said:
"My name is Ronald Hebert. I am over the age of eighteen years,of sound mind,
and capable of making this affidavit. I am employed by the Texas Commission on
Environmental Quality ("TCEQ") as an investigator. In this capacity, I have the
authority to make this Affidavit. I make this affidavit on the basis of my personal
knowledge, including that gained while conducting investigations, and my review of
public records and databases maintained by the TCEQ. Furthermore,in this capacity,I
have become personally familiar with the Main Wastewater Treatment Plant ("Main
WWTP"),located approximately 0.2 miles east of the intersection of Proctor Street and
Main Avenue, 3.3 miles northeast of U.S. Highway 287 and State Highway 87; (2) the
Port Acres Wastewater Treatment Plant ("Port Acres WWTP"), located immediately
northeast of the intersection of Farm-to-Market Road 365 and Port Arthur Road in
Jefferson County,Texas; and (3) the Sabine Pass Wastewater Treatment Plant, located
approximately 0.3 miles north of Tremont St. in Jefferson County at 5137 S 3rd Ave.,
Port Arthur, Texas ("Sabine Pass WWTP") (collectively, the "Facilities"). The
statements herein are true and correct.
I have read the foregoing State of Texas's Original Petition and Application for
Temporary and Permanent Injunction("Petition"),and I am personally familiar with the facts
and violations alleged in Paragraphs 5.1 through 5.14, therein.
Specifically, on February 6, 2024, local residents complained to TCEQ that
sewage was backing up onto their properties. I conducted an investigation of the
complaint in the 2800 block of 10th Street on February 7, 2024, where I observed the
following:
• Standing water on the southeast side of the residence and an open cleanout that
was filled to the top of the pipe with toilet paper and other sewage related
material on the ground. A sample of the water tested positive for ammonia (an
indicator of sewage contamination).
• Standing water along the south fence line of the backyard residence at 2826 10th
Street. Two samples of the water confirmed sewage contamination.
• An open cleanout at the residence at 2829 9th Street with a heavy accumulation
of toilet paper.
• Pooling effluent in the alley between 9th and 10th Street that also tested positive
for ammonia. In the bottom of the pooled effluent was a sewer meter box with
the lid removed.
• At 2818 9th Street, a missing cleanout cap and toilet paper and sewage pooling
around the ground near the cleanout plug.
• Standing sewage with toilet paper behind the fence of the complainants in the
alleyway.
After the investigation,I spoke to Mr. Floyd Riley, Compliance Manager for Port
Arthur, and Mr.Drell Jones, Collection Supervisor for Port Arthur. Mr.Jones explained
that the sewer line is an 8-inch clay tile pipe that had collapsed somewhere between
Memorial Boulevard and Dequeen Boulevard. Mr. Jones opened the manhole on the
line on El Paso Street between 9th and 10th Street and I saw that the manhole was full
of sewage water.
On December 3, 2024, two residents on 10th Street complained again of sewage
discharges. I conducted an investigation of the complaints on December 4, 2024,where
I observed the following:
• Standing sewage in some of the same locations observed in February 2024.
• Sewage was pooling again at 2826 10th Street, 2829 9th Street, in the alley
between 9th and 10th Street, and at 2818 9th Street.
• At least two public water meter boxes were full of sewage behind the residences
of 2848, 2838 and 2800 10th Street, creating a risk of cross-contamination with
the properties' water supplies.
During the December 4, 2024, investigation, Mr. Floyd Riley told me that the
line Port Arthur began repairing on February 4, 2024, was replaced from Woodworth
Blvd to Florida Avenue, but the collection crew was sent to another location before the
project was completed further down the line between Florida Avenue and Dequeen
Blvd.
I contacted Calvin Matthews, Director of Water Utilities for Port Arthur, on
December 4, 2024, who confirmed he pulled the crew off the line repair to send them
to another part of the city prior to completing the project. Mr. Matthews stated he
believes the line between Florida Avenue and Dequeen Blvd is blocked but is not
collapsed.
On December 18, 2024, Mr. Floyd Riley contacted TCEQ to report a large
sewage discharge event on Sabine Avenue, which had been occurring off and on since
December 6, 2024. According to Mr. Riley, the discharge event was a result of a
collapsed line on Sabine Avenue. I conducted an investigation of Sabine Avenue on
December 18, 2024,where I observed the following:
• Approximately 320 yards of sewage filled ditches along both sides of Sabine
Avenue,which was noted to be within a neighborhood.
• Heavy oil/grease covering the surface of the sewage within the ditches along
both sides of Sabine Avenue.
On December 20, 2024, I noted that Port Arthur excavated down to the
collapsed pipe, and there was sewage openly flowing within the excavated hole from
one end of the open pipe to the other.
On January 3, 2025, I was informed by Mr. Floyd Riley that Port Arthur had
replaced 700 feet of sewage line piping but had to order more piping to finish repairing
the collapsed pipe on Sabine Avenue. Additionally, Mr. Riley stated that Port Arthur is
still waiting on the pipe bursting crew to move to the 10th Street location to complete
the work on that line.
Until the line between Florida Avenue and Dequeen Blvd is replaced or repaired,
the threat of sewage discharges to nearby properties remains. Until the line on Sabine
Avenue is replaced or repaired, the threat of sewage discharges to nearby properties
remains.
I gained personal knowledge of these facts through my investigations of the
Facilities, the 2800 block of 10th Street and Sabine Avenue in Port Arthur,Texas, and
my review of TCEQ investigations, public records, and databases maintained by the
TCEQ concerning the Facilities and its owners and operators. Based on such personal
knowledge, the facts alleged in Paragraphs 5.1 through 5.14 of the Petition are true and
correct." 'CZCZ-7
Ronald Hebert
Environmental Investigator
Texas Commission on Environmental Quality
SWORN TO and SUBSCRIBED before me on this day . Ct} )CAA
2t,25 to certify which witness by my hand and official seal.
Notary Seal Digital Certificate
14 Treasure Hill
NOTARY PUBLIC.STATE OF TEXAS
11 , COMMISSION EXP 10/22/2O28
'WI, NOTARYID#135138312 •
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Annalisa Guartuche on behalf of Jaxon Welchman
Bar No. 24127893
annalisa.guartuche@oag.texas.gov
Envelope ID: 97588447
Filing Code Description: Petition
Filing Description: STATE OF TEXAS'S ORIGINAL PETITION AND
APPLICATION FOR TEMPORARY AND PERMANENT INJUNCTION
Status as of 2/21/2025 11 :56 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Jaxon Welchman jaxon.welchman@oag.texas.gov 2/20/2025 10:22:22 AM SENT
Annalisa Guartuche annalisa.guartuche@oag.texas.gov 2/20/2025 10:22:22 AM SENT
Jake Marx jake.marx@oag.texas.gov 2/20/2025 10:22:22 AM SENT
Irene tong irene.tong@oag.texas.gov 2/20/2025 10:22:22 AM SENT
Katie B.Hobson katie.hobson@oag.texas.gov 2/20/2025 10:22:22 AM SENT
Laura Courtney laura.courtney@oag.texas.gov 2/20/2025 10:22:22 AM SENT
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