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AGENCY Texas Commission on Environmental Quality
ISSUE 10/26/2012
ACTION Miscellaneous

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ, agency or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is November 26, 2012. TWC, §7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on November 26, 2012. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: Aaina Enterprises, Incorporated dba Nu-Texas Truck Stop; DOCKET NUMBER: 2012-0737-PST-E; IDENTIFIER: RN101820918; LOCATION: Jacksonville, Cherokee County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $5,000; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(2) COMPANY: Allgood Construction Company, Incorporated; DOCKET NUMBER: 2012-1871-WQ-E; IDENTIFIER: RN106477672; LOCATION: Pearland, Brazoria County; TYPE OF FACILITY: commercial construction; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a Construction General Permit (stormwater); PENALTY: $875; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: ALPHA OMEGA RECYCLING, INCORPORATED; DOCKET NUMBER: 2011-1015-IHW-E; IDENTIFIER: RN100657543; LOCATION: White Oak, Gregg County; TYPE OF FACILITY: metal bearing waste processing; RULE VIOLATED: 30 TAC §335.2(b) and §335.63(b), 40 Code of Federal Regulations (CFR) §262.12(c) and Hazardous Waste Permit Number 50203, Provision Number II.C.1.h., by failing to prevent the shipment of industrial solid and hazardous waste to an unauthorized facility; and 30 TAC §335.10(a) and 40 CFR §262.20(a), by failing to prepare a manifest for off-site shipments of hazardous waste; PENALTY: $18,750; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(4) COMPANY: Ash Grove Texas LP; DOCKET NUMBER: 2012-1872-WQ-E; IDENTIFIER: RN105433692; LOCATION: Denton, Denton County; TYPE OF FACILITY: cement mixing plant; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a Multi-Sector General Permit (stormwater); PENALTY: $875; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: B-S CARTAGE, INCORPORATED dba J-V Dirt and Loam; DOCKET NUMBER: 2012-0898-MSW-E; IDENTIFIER: RN101495976; LOCATION: Austin, Travis County; TYPE OF FACILITY: composting; RULE VIOLATED: 30 TAC §332.4(3), by failing to prevent the discharge of material to or the pollution of surface water or groundwater as a result of the beneficial use or reuse and recycling of material; 30 TAC §328.4(b) and §332.23(5), by failing to meet the recycling rates relating to limitations on storage of recyclable materials; 30 TAC §328.5(b)(4) and §332.23(5), by failing to report any updates or changes to information contained in the site report within 90 days of the effective date of the change; and 30 TAC §§328.5(d), 332.23(5), and 37.901, by failing to establish and maintain financial assurance for the closure of a recycling facility that stores combustible material outdoors; PENALTY: $11,780; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 12100 Park 35 Circle, Austin, Texas 78753, (512) 339-2929.

(6) COMPANY: City of Celina; DOCKET NUMBER: 2011-1643-MWD-E; IDENTIFIER: RN102336567; LOCATION: Celina, Collin County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0014246001, Interim I Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limits; PENALTY: $26,030; Supplemental Environmental Project offset amount of $26,030 applied to Removal and Disposal of Silt, Grease and Waste Solids; ENFORCEMENT COORDINATOR: Heather Brister, (254) 761-3034; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: City of Collinsville; DOCKET NUMBER: 2012-1044-MWD-E; IDENTIFIER: RN101919959; LOCATION: Collinsville, Grayson County; TYPE OF FACILITY: domestic wastewater treatment plant; RULE VIOLATED: TWC, §26.121(a), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010151001, Interim Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limits; PENALTY: $3,310; ENFORCEMENT COORDINATOR: Jeremy Escobar, (361) 825-3422; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: City of Lawn; DOCKET NUMBER: 2012-1075-PWS-E; IDENTIFIER: RN101406916; LOCATION: Lawn, Taylor County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(2)(G) and Texas Health and Safety Code, §341.0315(c), by failing to provide an elevated storage capacity of 100 gallons per connection or a pressure tank capacity of 20 gallons per connection; PENALTY: $249; ENFORCEMENT COORDINATOR: Jim Fisher, (512) 239-2537; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(9) COMPANY: City of Petrolia; DOCKET NUMBER: 2012-1235-PWS-E; IDENTIFIER: RN102677937; LOCATION: Petrolia, Clay County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes based on the running annual average; PENALTY: $410; ENFORCEMENT COORDINATOR: Jim Fisher, (512) 239-2537; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(10) COMPANY: City of Shenandoah; DOCKET NUMBER: 2012-1213-MWD-E; IDENTIFIER: RN101916195; LOCATION: Shenandoah, Montgomery County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0012212002, Interim Effluent Limitations and Monitoring Requirements Numbers 1 and 6, by failing to comply with permitted effluent limitations; PENALTY: $16,900; ENFORCEMENT COORDINATOR: Jacquelyn Green, (512) 239-2587; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: DALLAS FRONTIER PETRO, INCORPORATED dba Corporate Mart; DOCKET NUMBER: 2012-1227-PST-E; IDENTIFIER: RN102647484; LOCATION: Lewisville, Denton County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) and by failing to provide release detection for the piping associated with the UST system; PENALTY: $3,581; ENFORCEMENT COORDINATOR: Jorge Ibarra, P.E., (817) 588-5890; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Debbie Block and Melvin Block dba Cherry Hill Water System; DOCKET NUMBER: 2012-0941-PWS-E; IDENTIFIER: RN101179844; LOCATION: Bridge City, Orange County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(ii) and §290.122(c)(2)(B), and Texas Health and Safety Code, §341.033(d), by failing to collect routine distribution water samples for coliform analysis for the months of July and October 2011 and by failing to provide public notice of the failure to sample for the month of October 2011; 30 TAC §290.106(e) and §290.113(e), by failing to report the results of annual nitrate/nitrite and Stage 1 Disinfectant By-products monitoring to the executive director; 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfectant Level Quarterly Operating Report to the executive director each quarter by the tenth day of the month following the end of the quarter; 30 TAC §290.109(c)(3)(A)(ii), by failing to collect a set of repeat distribution coliform samples within 24 hours of being notified of a total coliform-positive result on a routine sample for the month of December 2011; and 30 TAC §290.109(c)(4)(C), by failing to notify the wholesale system(s) within 24 hours of being notified of a coliform-positive distribution sample; PENALTY: $2,078; ENFORCEMENT COORDINATOR: Andrea Linson, (512) 239-1482; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(13) COMPANY: DZ Beechnut, LP dba Chevron; DOCKET NUMBER: 2012-0842-PST-E; IDENTIFIER: RN102789542; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once per month (not to exceed 35 days between each monitoring); and 30 TAC §334.10(b)(1)(B), by failing to maintain all UST records and making them immediately available for inspection upon request by agency personnel; PENALTY: $6,750; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: Howard Hurst; DOCKET NUMBER: 2012-1097-MSW-E; IDENTIFIER: RN104041850; LOCATION: Brady, McCulloch County; TYPE OF FACILITY: unauthorized disposal site; RULE VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $1,187; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (325) 655-9479.

(15) COMPANY: Itasca Landfill TX, LP; DOCKET NUMBER: 2012-1140-IHW-E; IDENTIFIER: RN100213412; LOCATION: Itasca, Hill County; TYPE OF FACILITY: Type I landfill; RULE VIOLATED: 30 TAC §335.2(b), by failing to prevent the disposal of industrial hazardous waste at an unauthorized facility; and 30 TAC §335.2(b), by failing to prevent the disposal of prohibited waste; PENALTY: $5,200; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(16) COMPANY: Jack Haston Holt dba La Cabana Mexican Restaurant; DOCKET NUMBER: 2012-1027-PWS-E; IDENTIFIER: RN101220242; LOCATION: Spicewood, Travis County; TYPE OF FACILITY: restaurant with a public water supply; RULE VIOLATED: 30 TAC §290.109(c)(3)(A)(ii), by failing to collect a set of repeat distribution coliform samples within 24 hours of being notified of a total coliform-positive result on a routine sample; and 30 TAC §290.109(c)(2)(F), by failing to collect at least five routine distribution coliform samples the month following a coliform-positive sample result; PENALTY: $1,212; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 12100 Park 35 Circle, Austin, Texas 78753, (512) 339-2929.

(17) COMPANY: Minesh Patel and Nayna Patel dba Time Saver Grocery; DOCKET NUMBER: 2012-0607-PWS-E; IDENTIFIER: RN104100011; LOCATION: Spring, Harris County; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.106(e), by failing to provide the results of annual nitrate monitoring to the TCEQ's executive director; 30 TAC §290.106(e), by failing to provide the results of triennial mineral monitoring to the TCEQ's executive director; 30 TAC §290.109(c)(2)(A)(i) and Texas Health and Safety Code (THSC), §341.033(d), by failing to collect a routine distribution water sample for coliform analysis for the month of July 2011; 30 TAC §290.109(f)(3) and THSC, §341.031(a), by failing to comply with the maximum contaminant level for total coliform during the month of August 2011; 30 TAC §290.109(c)(2)(F), by failing to collect five distribution coliform samples the month following a coliform positive sample result; and 30 TAC §290.51(a)(6) and TWC, §5.702, by failing to pay all annual Public Health Service fees, for fiscal year 2012, including any associated late fees and penalties, for TCEQ financial Administration Account Number 91012996; PENALTY: $1,401; ENFORCEMENT COORDINATOR: Bridgett Lee, (512) 239-2565; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: New Siara Properties, LP and Mainland Petroleum, Incorporated dba Noor Pantry Texaco; DOCKET NUMBER: 2012-0459-PST-E; IDENTIFIER: RN102274263; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued underground storage tank (UST) delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the USTs for releases at a frequency of at least once per month (not to exceed 35 days between each monitoring) and by failing to provide release detection for the piping associated with the UST system; and 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damages caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $16,477; ENFORCEMENT COORDINATOR: Bridgett Lee, (512) 239-2565; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(19) COMPANY: North Texas Municipal Water District; DOCKET NUMBER: 2011-1738-MWD-E; IDENTIFIER: RN101701332 (Facility 1) and RN102095585 (Facility 2); LOCATION: Mesquite, Dallas County and McKinney, Collin County; TYPE OF FACILITY: wastewater treatment plants; RULE VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0012446001, Interim I Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with the permitted effluent limitations at Facility 1; TWC, §26.121(a)(1) and TPDES Permit Number WQ0012446001, Permit Conditions Number 2.g, by failing to prevent the unauthorized discharge of untreated wastewater from the collection system at Facility 2; TWC, §26.039(b), 30 TAC §305.125(9)(A), and TPDES Permit Number WQ0012446001, Monitoring and Reporting Requirements Number 7, by failing to notify the TCEQ Dallas/Fort Worth Region office within 24 hours of the unauthorized discharge of approximately 34,000 gallons of wastewater from the collection system at Facility 2; and TWC, §26.121(a)(1), 30 TAC §305.125(1), and TPDES Permit Number WQ0012446001, Interim I Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with the permitted effluent limitations at Facility 2; PENALTY: $46,937; Supplemental Environmental Project offset amount of $46,937 applied to Texas Association of Resource Conservation and Development Areas, Incorporated - Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Jennifer Graves, (956) 430-6023; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: ORTHOPEDIC HOSPITAL LIMITED; DOCKET NUMBER: 2012-1880-PST-E; IDENTIFIER: RN101908119; LOCATION: Houston, Harris County; TYPE OF FACILITY: hospital; RULE VIOLATED: 30 TAC §334.50(a)(1)(A), by failing to provide release detection; PENALTY: $3,500; ENFORCEMENT COORDINATOR: Maggie Dennis, (512) 239-2578; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(21) COMPANY: Pecan Pipeline Company; DOCKET NUMBER: 2012-1168-AIR-E; IDENTIFIER: RN105476691; LOCATION: Bowie, Montague County; TYPE OF FACILITY: natural gas processing plant; RULE VIOLATED: 30 TAC §116.615(1) and §122.143(4); Standard Permit Registration Number 84338; Federal Operating Permit Number O3240/General Operating Permit Number 514, Site-wide requirements (b)(2) and (b)(8)(E)(ii); and Texas Health and Safety Code (THSC), §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §101.201(a) and THSC, §382.085(b), by failing to determine if Incident Number 166600 was reportable and submit an initial notification within 24 hours after discovery of the emissions event; and 30 TAC §101.201(a) and THSC, §382.085(b), by failing to determine if Incident Number 166603 was reportable and submit an initial notification within 24 hours after discovery of the emissions event; PENALTY: $16,250; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 422-8938; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

Cont'd...

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