The Texas Commission on Environmental Quality (TCEQ 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 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 July 20, 2021. 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 A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on July 20, 2021. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: James Lewis Allen dba Holiday Springs Mobile Home Park; DOCKET NUMBER: 2020-0672-PWS-E; TCEQ ID NUMBER: RN101194041; LOCATION: 8285 United States Highway 59 South, Marshall, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: Texas Health and Safety Code (THSC), §341.0351, and 30 TAC §290.39(j), by failing to notify the executive director (ED) prior to making any significant change or addition to the system's production, treatment, storage, pressure maintenance, or distribution facilities; 30 TAC §290.46(f)(2) and (3)(A)(ii)(V), (iii), and (vi) and (B)(v), by failing to maintain water works operation and maintenance records and make them readily available for review by the ED upon request; 30 TAC §290.110(c)(5), by failing to conduct chloramine effectiveness sampling to ensure that monochloramine is the prevailing chloramine species and that nitrification is controlled; 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan at each water treatment plant that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements; THSC, §341.0315(c) and 30 TAC §290.45(b)(1)(C)(i), by failing to provide a well capacity of 0.6 gallon per minute (gpm) per connection; THSC, §341.0315(c) and 30 TAC §290.45(b)(1)(C)(ii), by failing to provide a total storage capacity of 200 gallons per connection; THSC, §341.0315(c) and 30 TAC §290.45(b)(1)(C)(iii), by failing to provide two or more pumps having a total capacity of 2.0 gpm per connection at each pump station or pressure plane; and THSC, §341.0315(c) and 30 TAC §290.45(b)(1)(C)(iv), by failing to provide a pressure tank capacity of 20 gallons per connection; PENALTY: $2,524; STAFF ATTORNEY: Judy Bohr, Litigation, MC 175, (512) 239-5807; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(2) COMPANY: Randy Earl Wyly and Hillside Dairy, LLC; DOCKET NUMBER: 2020-0907-AGR-E; TCEQ ID NUMBER: RN102065166; LOCATION: 3502 County Road 209, Hico, Erath County; TYPE OF FACILITY: a concentrated animal feeding operation; RULES VIOLATED: 30 TAC §305.62 and §321.33(g) and Texas Pollutant Discharge Elimination System General Permit number WQ0003160000, Part V.B., by failing to obtain TCEQ authorization prior to beginning physical construction or operation of a new control facility - specifically, respondents controlled and operated three additional properties considered to be Land Management Units without authorization; PENALTY: $4,875; STAFF ATTORNEY: Jim Sallans, Litigation, MC 175, (512) 239-2053; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-202102224

Charmaine Backens

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: June 8, 2021