RN105161194 Docket No. 2012-0777-PWS-E · 2013. 7. 26. · EXECUTIVE SUMMARY – ENFORCEMENT MATTER...

EXECUTIVE SUMMARY – ENFORCEMENT MATTER – CASE NO. 38185 of 4 Thomas Osborn Hammond d/b/a Loco Coyote Grill

RN105161194 Docket No. 2012-0777-PWS-E

Order Type: Findings Agreed Order

Findings Order Justification: Indifference to legal duty based on violation of a previous order.

Media: PWS

Small Business: Yes

Location(s) Where Violation(s) Occurred: 1795 County Road 1004, Walnut Springs, Somervell County

Type of Operation: public water system

Other Significant Matters: Additional Pending Enforcement Actions: None Past-Due Penalties: $10,984.10 (2009-1348-PWS-E; Payment Plan) Past-Due Fees: None Other: None Interested Third-Parties: None

Texas Register Publication Date: May 24, 2013

Comments Received: None

Penalty Information

Total Penalty Assessed: $25,051

Total Paid to General Revenue: $726

Total Due to General Revenue: $24,325 Payment Plan: 35 payments of $695 each

Compliance History Classifications: Person/CN – N/A Site/RN – N/A

Major Source: No

Statutory Limit Adjustment: None

Applicable Penalty Policy: September 2011 (PCW 1); September 2002 (PCW 2)

Investigation Information

Complaint Date(s): N/A

Date(s) of Investigation: January 17, 2012; February 16, 2012

Date(s) of NOV(s): See Compliance History - 30 related NOVs

Date(s) of NOE(s): January 20, 2012; March 26, 2012


RN105161194 Docket No. 2012-0777-PWS-E

Violation Information

1. Failed to collect routine distribution water samples for coliform analysis for the months of September 2011, October 2011, November 2011, and December 2011, and failed to provide public notice of the failure to sample for the month of September 2011 [TEX. HEALTH & SAFETY CODE § 341.033(d); 30 TEX. ADMIN. CODE §§ 290.109(c)(2)(A)(i), 290.109(f)(5), 290.109(f)(7), 290.122(c)(1)(B), 290.122(c)(2)(B), and 290.122(f); and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Technical Requirement No. 1].

2. Failed to collect routine distribution water samples for coliform analysis for the months of May 2011, June 2011, July 2011, and August 2011, and failed to provide public notice of the failure to sample for the months of May 2011, June 2011, July 2011, and August 2011 [TEX. HEALTH & SAFETY CODE § 341.033(d); 30 TEX. ADMIN. CODE §§ 290.109(c)(2)(A)(i), 290.109(f)(5), 290.109(f)(7), 290.122(c)(1)(B), 290.122(c)(2)(B), and 290.122(f); and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Technical Requirement No. 1].

3. Failed to provide the results of annual nitrate monitoring to the Executive Director for 2010 [30 TEX. ADMIN. CODE § 290.106(e)].

4. Failed to develop and maintain an up-to-date chemical and microbiological monitoring plan for the Facility [30 TEX. ADMIN. CODE § 290.121(a) and (b) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Technical Requirement No. 4.a.].

5. Failed to maintain a record of water works operation and maintenance activities [30 TEX. ADMIN. CODE § 290.46(f) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Technical Requirement No. 4.b.].

6. Failed to conduct an annual inspection of the Facility's pressure tank [30 TEX. ADMIN. CODE § 290.46(m)(1)(B) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Technical Requirement No. 2.a.].

7. Failed to provide disinfection equipment so that continuous and effective disinfection can be secured under all conditions [30 TEX. ADMIN. CODE § 290.42(e)(3) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Technical Requirement No. 2.b.].

8. Failed to measure the free chlorine residual to a minimum accuracy of plus or minus 0.1 mg/L using amperometric titration, DPD Ferrous titration or DPD colorimetric [30 TEX. ADMIN. CODE § 290.110(d)(1) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Technical Requirement No. 2.c.].

9. Failed to submit well completion data [30 TEX. ADMIN. CODE § 290.41(c)(3)(A) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Technical Requirement No. 8].

10. Failed to provide the well with a concrete sealing block extending a minimum of three feet from the exterior well casing in all directions, with a minimum thickness of six inches and sloped to drain away at not less than 0.25 inches per foot [30 TEX. ADMIN. CODE § 290.41(c)(3)(J) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Technical Requirement No. 6.a.].

11. Failed to provide a well casing vent with an opening that is covered with a 16-mesh or finer corrosion resistant screen, facing downward, elevated, and located as to minimize the drawing of contaminants into the well [30 TEX. ADMIN. CODE § 290.41(c)(3)(K) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Technical Requirement No. 6.b.].

12. Failed to provide a suitable sampling cock on the discharge pipe of the well [30 TEX. ADMIN. CODE § 290.41(c)(3)(M) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Technical Requirement No. 6.c.].

13. Failed to provide a flow-measuring device for the well to measure production yields and provide for the accumulation of water production data [30 TEX. ADMIN. CODE § 290.41(c)(3)(N) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Technical Requirement No. 6.d.].


RN105161194 Docket No. 2012-0777-PWS-E

Corrective Actions/Technical Requirements

Corrective Action(s) Completed: None

Technical Requirements: 1. Within 10 days, begin complying with applicable coliform monitoring requirements by collecting

routine coliform distribution samples and providing water that meets the provisions regarding microbial contaminants This provision will be satisfied upon six consecutive months of compliant monitoring and reporting (violation nos. 1 and 2).

2. Within 30 days: a. Ensure that all delinquent drinking water chemical analysis results are reported to the

Executive Director or demonstrate that a compliance schedule has been established (violation no. 3);

b. Implement procedures to ensure all necessary public notifications are provided in a timely manner to the customers of the Facility with a copy to the Commission (violation nos. 1 and 2);

c. Implement improvements to the Facility’s process procedures, guidance, training, and/or oversight to ensure that future drinking water chemical sample results are released by the Facility’s laboratories and reported to the Executive Director within ten days of either the Executive Director’s request or of their receipt by the Facility, whichever is later (violation no. 3);

d. Conduct an inspection of the Facility’s pressure tank (violation no. 6); e. Install disinfection equipment so that continuous and effective disinfection is secured under

all conditions (violation no. 7); and f. Begin testing the disinfectant residual of the water supply using an approved method

(violation no. 8). 3. Within 45 days, submit written certification to demonstrate compliance with Technical

Requirement No. 2.a. through 2.f.

4. Within 60 days: a. Compile an up-to-date chemical and microbiological monitoring plan (violation no. 4); and b. Begin maintaining a thorough record of water works operation and maintenance activities

(violation no. 5). 5. Within 75 days, submit written certification to demonstrate compliance with Technical

Requirement No. 4.

6. Within 90 days: a. Repair the crack in the concrete sealing block of the Facility’s well (violation no. 10); b. Provide the Facility’s well with a properly constructed casing vent (violation no. 11); c. Provide the discharge pipe of the Facility’s well with a suitable sampling cock (violation no.

12); and d. Provide a flow measuring device for the Facility’s well (violation no. 13).

7. Within 105 days, submit written certification below, to demonstrate compliance with Technical Requirement No. 6.

8. Within 180 days, submit for review and approval detailed and properly completed plans and specifications for the Facility’s well that are stamped and sealed by an licensed engineer (violation no. 9).

9. Within 195 days, submit written certification to demonstrate compliance with Technical Requirements Nos. 1 and 8.


RN105161194 Docket No. 2012-0777-PWS-E

Litigation Information

Date Petition(s) Filed: June 27, 2012 (EDPRP); March 13, 2013 (EDFARP)

Date Answer(s) Filed: July 16, 2012; August 15, 2012

SOAH Referral Date: August 22, 2012

Hearing Date(s): Preliminary Hearing: November 28, 2012 Evidentiary Hearing: March 28, 2013 (scheduled)

Settlement Date: March 27, 2013

Contact Information

TCEQ Attorneys: Peipey Tang, Litigation Division, (512) 239-3400 Lena Roberts, Litigation Division, (512) 239-3400 James Murphy, Public Interest Counsel, (512) 239-6363

TCEQ Enforcement Coordinator: Epifanio Villarreal, Enforcement Division, (361) 825-3425

TCEQ Regional Contact: Jeff Tate, Dallas/Fort Worth Regional Office, (817) 588-5800

Respondent Contact: Thomas Osborn Hammond, 1795 County Road 1004, Walnut Springs, Texas 76690

Respondent's Attorney: N/A

PCW 1 of 2

DATES Assigned 30-Jan-2012PCW 9-Apr-2012 Screening 9-Apr-2012 EPA Due 30-Sep-2011

$50 Maximum $1,000

TOTAL BASE PENALTY (Sum of violation base penalties)

100.0% Enhancement

Notes

Culpability No 0.0% Enhancement

Notes

0.0% Enhancement*$112$105

SUM OF SUBTOTALS 1-7

9.3% Adjustment

Notes

0.0% Reduction Adjustment

Notes

Subtotal 6

Subtotal 5Good Faith Effort to Comply Total Adjustments

Minor

RespondentRESPONDENT/FACILITY INFORMATION

NoGovernment/Non-Profit

Major/Minor Source

Approx. Cost of ComplianceTotal EB Amounts

Policy Revision 3 (September 2011) PCW Revision August 3, 2011

4-Dallas/Fort Worth

$0

$0

Order TypePublic Water Supply

Enf. CoordinatorEC's Team

*Capped at the Total EB $ Amount

$1,312

$0

$1,312

Reduces the Final Assessed Penalty by the indicted percentage. (Enter number only; e.g. 20 for 20% reduction.)

PAYABLE PENALTY

Final Assessed PenaltySTATUTORY LIMIT ADJUSTMENT

No deferral is recommended for Findings Orders.

DEFERRAL

$1,312

Reduces or enhances the Final Subtotal by the indicated percentage.

Final Penalty Amount

Enhancement recommended for recovery of avoided costs of compliance for violation no. 1

$112

$1,200Final Subtotal

OTHER FACTORS AS JUSTICE MAY REQUIRE

Penalty Calculation Section

38185 No. of Violations

Economic Benefit

Compliance History Subtotals 2, 3, & 7

Subtotal 4 $0

ADJUSTMENTS (+/-) TO SUBTOTAL 1

Epifanio Villarreal

Findings

Penalty Calculation Worksheet (PCW)

Admin. Penalty $ Limit Minimum

Multi-MediaMedia Program(s)

Docket No.Enf./Case ID No.

Facility/Site RegionReg. Ent. Ref. No.

2012-0777-PWS-E1

CASE INFORMATION

Enforcement Team 2

Thomas Osborn Hammond dba Loco Coyote GrillRN105161194

Subtotals 2-7 are obtained by multiplying the Total Base Penalty (Subtotal 1) by the indicated percentage.$600

Subtotal 1

The Respondent does not meet the culpability criteria.

Enhancement for 30 NOVs with same/similar violations and one order without denial.

$600

PCW 1 of 2

PCW

Component Number of... Adjust.

30 150%

0 0%

0 0%

1 25%

0 0%

0 0%

Convictions 0 0%

Emissions 0 0%

0 0%

0 0%

No 0%

No 0%

No 0%

No 0%

175%

0%

0%

Compliance History Notes

175%

100%Final Adjustment Percentage *capped at 100%

Adjustment Percentage (Subtotal 7)



N/A

Enhancement for 30 NOVs with same/similar violations and one order without denial.

N/A

>> Repeat Violator (Subtotal 3)

>> Compliance History Person Classification (Subtotal 7)

>> Compliance History Summary

Total Compliance History Adjustment Percentage (Subtotals 2, 3, & 7)>> Final Compliance History Adjustment

Compliance History Worksheet

Participation in a voluntary pollution reduction program

NOVs

Orders

Please Enter Yes or No

Chronic excessive emissions events (number of events )

Letters notifying the executive director of an intended audit conducted under theTexas Environmental, Health, and Safety Audit Privilege Act, 74th Legislature,1995 (number of audits for which notices were submitted)

Disclosures of violations under the Texas Environmental, Health, and SafetyAudit Privilege Act, 74th Legislature, 1995 (number of audits for which violationswere disclosed )

Any criminal convictions of this state or the federal government (number ofcounts )

Early compliance with, or offer of a product that meets future state or federalgovernment environmental requirements

Environmental management systems in place for one year or more

Voluntary on-site compliance assessments conducted by the executive directorunder a special assistance program

Other written NOVsAny agreed final enforcement orders containing a denial of liability (number oforders meeting criteria )

Screening DateRespondent

Media [Statute]Enf. Coordinator

Public Water SupplyEpifanio Villarreal

Case ID No.Reg. Ent. Reference No.

38185RN105161194

PCW Revision August 3, 2011

Docket No.9-Apr-2012 2012-0777-PWS-EPolicy Revision 3 (September 2011)Thomas Osborn Hammond dba Loco Coyote Grill

Audits

Other

Written notices of violation ("NOVs") with same or similar violations as those inthe current enforcement action (number of NOVs meeting criteria )

Any adjudicated final court judgments and default judgments, or non-adjudicatedfinal court judgments or consent decrees without a denial of liability, of this stateor the federal government

>> Compliance History Site Enhancement (Subtotal 2)Enter Number Here

Any adjudicated final enforcement orders, agreed final enforcement orderswithout a denial of liability, or default orders of this state or the federalgovernment, or any final prohibitory emergency orders issued by the commission

Any non-adjudicated final court judgments or consent decrees containing adenial of liability of this state or the federal government (number of judgementsor consent decrees meeting criteria )Judgments

and Consent Decrees

PCW 1 of 2

PCW

1

HarmRelease Major Moderate Minor

OR ActualPotential x Percent 15.0%

Falsification Major Moderate MinorPercent 0.0%

Matrix Notes

Violation Events

4 123 Number of violation days

dailyweeklymonthly xquarterly

semiannualannual

single event

Good Faith Efforts to Comply 0.0% ReductionBefore NOV

Extraordinary

OrdinaryN/A x (mark with x)

Notes

Violation Subtotal $600

The Respondent does not meet the good faith criteria for this violation.

$850

Violation Base Penalty

Failure to collect coliform monitoring samples could expose consumers to a significant amount of undetected contaminants which would exceed levels protective of human health.

>>Programmatic Matrix

This violation Final Assessed Penalty (adjusted for limits) $1,312

Adjustment

Four monthly events are recommended, calculated for the months in which no routine samples were collected.

Statutory Limit Test

$1,312Violation Final Penalty TotalEstimated EB Amount $112

Economic Benefit (EB) for this violation

$1,000Base Penalty

Failed to collect routine distribution water samples for coliform analysis for the months of September 2011, October 2011, November 2011, and December 2011,

and failed to provide public notice of the failure to sample for the month of September 2011.

30 Tex. Admin. Code §§ 290.109(c)(2)(A)(i), 290.109(f)(5), 290.109(f)(7), 290.122(c)(1)(B), 290.122(c)(2)(B), 290.122(f),Tex. Health & Safety Code § 341.033(d), and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering

Provision 2.a.

Docket No. 2012-0777-PWS-EPolicy Revision 3 (September 2011)

PCW Revision August 3, 2011

9-Apr-2012Thomas Osborn Hammond dba Loco Coyote Grill

Violation Description

Rule Cite(s)

Screening DateRespondentCase ID No.

Reg. Ent. Reference No.38185

Violation Number



RN105161194

>> Environmental, Property and Human Health Matrix

$600mark only one with an x

$150

Number of Violation Events

NOV to EDPRP/Settlement Offer$0

PCW 1 of 2

RespondentCase ID No.

Reg. Ent. Reference No.Media

Violation No.5.0 15

Item Cost Date Required Final Date Yrs Interest Saved Onetime Costs EB AmountItem Description No commas or $

Delayed CostsEquipment 0.00 $0 $0 $0

Buildings 0.00 $0 $0 $0Other (as needed) 0.00 $0 $0 $0

Engineering/construction 0.00 $0 $0 $0Land 0.00 $0 n/a $0

Record Keeping System 0.00 $0 n/a $0Training/Sampling 0.00 $0 n/a $0

Remediation/Disposal 0.00 $0 n/a $0Permit Costs 0.00 $0 n/a $0

Other (as needed) 0.00 $0 n/a $0

Notes for DELAYED costs

Avoided CostsDisposal 0.00 $0 $0 $0

Personnel 0.00 $0 $0 $0Inspection/Reporting/Sampling 0.00 $0 $0 $0

Supplies/equipment 0.00 $0 $0 $0Financial Assurance [2] 0.00 $0 $0 $0

ONE-TIME avoided costs [3] $100 1-Sep-2011 31-Dec-2011 1.25 $6 $100 $106Other (as needed) $5 1-Jan-2012 1-Apr-2012 1.17 $0 $5 $5

Notes for AVOIDED costs

Approx. Cost of Compliance TOTAL

Economic Benefit WorksheetThomas Osborn Hammond dba Loco Coyote Grill38185RN105161194

1Public Water Supply Years of

DepreciationPercent Interest

The avoided costs include the estimated amount to collect a total of 4 routine samples ($25 per sample) and provide public notice for the failure to collect the samples ($5 per notice), calculated for the months

in which no samples were collected and during the period that a public notice was required.

$105 $112

ANNUALIZE [1] avoided costs before entering item (except for one-time avoided costs)

PCW 2 of 2

DATES Assigned 30-Jan-2012PCW 9-Apr-2012 Screening 9-Apr-2012 EPA Due 30-Sep-2011

$50 Maximum $1,000

TOTAL BASE PENALTY (Sum of violation base penalties)

175.0% Enhancement

Notes

Culpability No 0.0% Enhancement

Notes

0.0% Enhancement*$1,106$6,692

SUM OF SUBTOTALS 1-7

1.0% Adjustment

Notes

0.0% Reduction Adjustment

Notes

Subtotals 2-7 are obtained by multiplying the Total Base Penalty (Subtotal 1) by the indicated percentage.$14,962

Subtotal 1

The Respondent does not meet the culpability criteria.

Enhancement for 30 NOVs with same/similar violations and one agreed order without denial.

$8,550

Penalty Calculation Worksheet (PCW)

Admin. Penalty $ Limit Minimum

Multi-MediaMedia Program(s)

Docket No.Enf./Case ID No.

Facility/Site RegionReg. Ent. Ref. No.

2012-0777-PWS-E12

CASE INFORMATION

Enforcement Team 2

Thomas Osborn Hammond dba Loco Coyote GrillRN105161194

Penalty Calculation Section

38185 No. of Violations

Economic Benefit

Compliance History Subtotals 2, 3, & 7

Subtotal 4 $0

ADJUSTMENTS (+/-) TO SUBTOTAL 1

Epifanio Villarreal

Findings

$227

$23,512Final Subtotal

OTHER FACTORS AS JUSTICE MAY REQUIRE

$23,739

Reduces or enhances the Final Subtotal by the indicated percentage.

Final Penalty Amount

Enhancement recommended for recovery of avoided costs of compliance for violation nos. 1, 5, and 6.

$23,739

$0

$23,739

Reduces the Final Assessed Penalty by the indicted percentage. (Enter number only; e.g. 20 for 20% reduction.)

PAYABLE PENALTY

Final Assessed PenaltySTATUTORY LIMIT ADJUSTMENT

No deferral is recommended for Findings Orders.

DEFERRAL

Approx. Cost of ComplianceTotal EB Amounts

Policy Revision 2 (September 2002) PCW Revision October 30, 2008

4-Dallas/Fort Worth

$0

$0

Order TypePublic Water Supply

Enf. CoordinatorEC's Team

*Capped at the Total EB $ Amount

Minor

RespondentRESPONDENT/FACILITY INFORMATION

NoGovernment/Non-Profit

Major/Minor Source

Subtotal 6

Subtotal 5Good Faith Effort to Comply Total Adjustments

PCW 2 of 2

PCW

Component Number of... Adjust.

30 150%

0 0%

0 0%

1 25%

0 0%

0 0%

Convictions 0 0%

Emissions 0 0%

0 0%

0 0%

No 0%

No 0%

No 0%

No 0%

175%

0%

0%

Compliance History Notes

175%

>> Compliance History Site Enhancement (Subtotal 2)Enter Number Here

Any adjudicated final enforcement orders, agreed final enforcement orderswithout a denial of liability, or default orders of this state or the federalgovernment, or any final prohibitory emergency orders issued by thecommissionAny non-adjudicated final court judgments or consent decrees containing adenial of liability of this state or the federal government (number of judgementsor consent decrees meeting criteria )Judgments

and Consent Decrees

Orders

Screening DateRespondent



Case ID No.Reg. Ent. Reference No.

38185RN105161194

PCW Revision October 30, 2008

Docket No.9-Apr-2012 2012-0777-PWS-EThomas Osborn Hammond dba Loco Coyote Grill Policy Revision 2 (September 2002)

Please Enter Yes or No

Chronic excessive emissions events (number of events )

Letters notifying the executive director of an intended audit conducted under theTexas Environmental, Health, and Safety Audit Privilege Act, 74th Legislature,1995 (number of audits for which notices were submitted)

Disclosures of violations under the Texas Environmental, Health, and SafetyAudit Privilege Act, 74th Legislature, 1995 (number of audits for whichviolations were disclosed )

Any criminal convictions of this state or the federal government (number ofcounts )

Early compliance with, or offer of a product that meets future state or federalgovernment environmental requirements

Environmental management systems in place for one year or more

Voluntary on-site compliance assessments conducted by the executive directorunder a special assistance program

Other written NOVsAny agreed final enforcement orders containing a denial of liability (number oforders meeting criteria )

Audits

Other

Written notices of violation ("NOVs") with same or similar violations as those inthe current enforcement action (number of NOVs meeting criteria )

Compliance History Worksheet

Participation in a voluntary pollution reduction program

NOVs

Total Adjustment Percentage (Subtotals 2, 3, & 7)




N/A

Enhancement for 30 NOVs with same/similar violations and one agreed order without denial.

N/A

>> Repeat Violator (Subtotal 3)

>> Compliance History Person Classification (Subtotal 7)

>> Compliance History Summary

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 or the federal government

PCW 2 of 2

PCW

1


OR ActualPotential x Percent 25%

Falsification Major Moderate MinorPercent 0%

Matrix Notes

Violation Events



semiannualannual

single event


Extraordinary


Notes


$1,000mark only one with an x

$250


NOV to EDPRP/Settlement Offer$0


Rule Cite(s)



Violation Number



RN105161194

Failed to collect routine distribution water samples for coliform analysis for the months of May 2011, June 2011, July 2011, and August 2011 and failed to

provide public notice of the failure to sample for the months of May 2011, June 2011, July 2011, and August 2011.

30 Tex. Admin. Code §§ 290.109(c)(2)(A)(i), 290.109(f)(5), 290.109(f)(7), 290.122(c)(1)(B), 290.122(c)(2)(B), 290.122(f), Tex. Health & Safety Code § 341.033(d), and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering

Provision 2.a.

Docket No. 2012-0777-PWS-E


9-Apr-2012Thomas Osborn Hammond dba Loco Coyote Grill Policy Revision 2 (September 2002)

$1,000Base Penalty

Failure to collect coliform monitoring samples could expose consumers to undetected contaminants which would exceed levels protective of human health.



Adjustment

Four monthly events are recommended, calculated for the months in which no routine samples were collected.




$750


Violation Subtotal $1,000


PCW 2 of 2



Violation No.5.0 15







Other (as needed) $100 8-May-2011 1-Oct-2012 1.40 $7 n/a $7





ONE-TIME avoided costs [3] $100 1-May-2011 31-Aug-2011 1.25 $6 $100 $106Other (as needed) $20 1-Jun-2011 1-Dec-2011 1.42 $1 $20 $21



The avoided costs include the estimated amount to collect a total of 4 routine samples ($25 per sample) and provide public notice for the failure to collect the samples ($5 per notice), calculated for the months

in which no samples were collected and during the period that a public notice was required.

$220 $135

The delayed cost includes the estimated amount to develop a protocol to ensure all necessary public notifications are provided in a timely manner calculated from the effective date of TCEQ Agreed Order

Docket No. 2009-1348-PWS-E to the estimated date of compliance.





PCW 2 of 2

PCW

2


OR ActualPotential Percent 0%

Falsification Major Moderate Minorx Percent 10%

Matrix Notes

Violation Events

1 365

dailyweeklymonthlyquarterly

semiannualannual x

single event


Extraordinary


Notes


Number of violation daysNumber of Violation Events


One annual event is recommended


100% of the rule requirement was not met.


30 Tex. Admin. Code § 290.106(e)

$1,000Base Penalty


Rule Cite(s)

9-Apr-2012 Docket No. 2012-0777-PWS-E


Failed to provide the results of annual nitrate monitoring to the Executive Director for 2010. Specifically, the Respondent failed to provide nitrate monitoring for the

monitoring period from January 1, 2010 through December 31, 2010.

RN105161194

Thomas Osborn Hammond dba Loco Coyote Grill Policy Revision 2 (September 2002)


Reg. Ent. Reference No.

Violation Number




$100

Estimated EB Amount $3


Violation Subtotal

Adjustment $900

mark only one with an x $100

Violation Final Penalty Total

$0

This violation Final Assessed Penalty (adjusted for limits) $278

$278

NOV to EDPRP/Settlement Offer

$100

PCW 2 of 2



Violation No.5.0 15



Buildings 0.00 $0 $0 $0Other (as needed) $25 31-Dec-2010 1-Oct-2012 1.75 $0 $3 $3









ONE-TIME avoided costs [3] 0.00 $0 $0 $0Other (as needed) 0.00 $0 $0 $0



Years of DepreciationPercent Interest


2Public Water Supply

$25 $3

The delayed costs include the estimated amount to pay any outstanding lab fees so that the lab will release the nitrate sample results and the Respondent can provide them to the Executive Director. The date required is the last date of the monitoring period in which nitrate sample results were not provided

and the final date is the estimated date of compliance.ANNUALIZE [1] avoided costs before entering item (except for one-time avoided costs)

PCW 2 of 2

PCW

3




Matrix Notes

Violation Events

1 337


semiannualannual

single event x


Extraordinary


Notes


Rule Cite(s)

Failed to develop and maintain an up-to-date chemical and microbiological monitoring plan for the Facility.



Violation Number


RN105161194


38185

30 Tex. Admin. Code § 290.121(a) and (b) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision 2.d.i



$1,000Base Penalty







$278

$100


Adjustment $900


One single event is recommended.


Number of violation days

$0



$100


Violation Subtotal

Statutory Limit TestEconomic Benefit (EB) for this violation

PCW 2 of 2



Violation No.5.0 15





Record Keeping System $180 8-May-2011 1-Jan-2013 1.65 $15 n/a $15Training/Sampling 0.00 $0 n/a $0









Approx. Cost of Compliance TOTAL$180 $15

The delayed costs include the estimated amount necessary to compile a chemical and microbiological monitoring plan, calculated from the effective date of TCEQ Agreed Order Docket No. 2009-1348-PWS-E

to the estimated date of compliance.





PCW 2 of 2

PCW

4




Matrix Notes

Violation Events

1 337


semiannualannual

single event x


Extraordinary


Notes








30 Tex. Admin. Code § 290.46(f) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision 2.d.ii

$1,000Base Penalty


Rule Cite(s)



Failed to maintain a record of water works operation and maintenance activities.

RN105161194




Violation Number




$100



Violation Subtotal

Adjustment $900



$0


$278


$100

PCW 2 of 2



Violation No.5.0 15





Record Keeping System $200 8-May-2011 1-Jan-2013 1.65 $17 n/a $17Training/Sampling 0.00 $0 n/a $0













$200 $17

The delayed costs include the estimated amount to begin compiling a record of the Facility's operations, calculated from the effective date of TCEQ Agreed Order Docket No. 2009-1348-PWS-E to the estimated

date of compliance.


PCW 2 of 2

PCW

5




Matrix Notes

Violation Events

1 337


semiannualannual x

single event


Extraordinary


Notes




Violation Subtotal



Violation Number



RN105161194

This violation Final Assessed Penalty (adjusted for limits)

Rule Cite(s)

$1,000


Failed to conduct an annual inspection of the Facility's pressure tank.


30 Tex. Admin. Code § 290.46(m)(1)(B) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision 2.b.i.

Base Penalty



$694

Adjustment

One annual event is recommended.


$250

$694Violation Final Penalty TotalEstimated EB Amount $45


Failure to perform annual inspections of the pressure tank could lead to the non-detection of defects which could expose consumers of the Facility to contaminants which would exceed levels

protective of human health.



$750

$250


$0



PCW 2 of 2



Violation No.5.0 15












ONE-TIME avoided costs [3] $41 8-May-2011 9-Apr-2012 1.84 $4 $41 $45Other (as needed) 0.00 $0 $0 $0



The avoided costs include the estimated amount to conduct an inspection of the Facility's pressure tank, calculated from the effective date of TCEQ Agreed Order Docket No. 2009-1348-PWS-E to the date of

screening.

$41 $45





PCW 2 of 2

PCW

6




Matrix Notes

Violation Events

12 337


semiannualannual

single event


Extraordinary


Notes




Violation Subtotal



Violation Number



RN105161194


Rule Cite(s)

$1,000


Failed to provide disinfection equipment so that continuous and effective disinfection can be secured under all conditions. Specifically, at the time of the

record review conducted on February 16, 2012, it was documented that the Facility did not have any disinfection equipment installed.


30 Tex. Admin. Code § 290.42(e)(3) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision 2.b.ii

Base Penalty



$8,330

Adjustment

Twelve monthly events are recommended from the effective date of TCEQ Agreed Order Docket No. 2009-1348-PWS-E, May 8, 2011, to the date of screening, April 9, 2012.


$250



Failure to provide disinfection equipment could result in the distribution of unsafe water to consumers thereby exposing them to contaminants which would exceed levels protective of

human health.


$750

$3,000


$0

$3,000mark only one with an x


PCW 2 of 2



Violation No.5.0 15


Delayed CostsEquipment $335 8-May-2011 1-Dec-2013 2.57 $3 $57 $60










ONE-TIME avoided costs [3] $50 8-May-2011 9-Apr-2012 1.84 $5 $50 $55Other (as needed) 0.00 $0 $0 $0






The avoided costs include the estimated cost to provide supplies and operation of the disinfection equipment to ensure that the water was adequately disinfected. Calculated from the effective date of

TCEQ Agreed Order Docket No. 2009-1348-PWS-E to the date of screening.

$385 $115

The delayed costs include the estimated amount to install disinfection equipment, calculated from the effective date of TCEQ Agreed Order Docket No. 2009-1348-PWS-E to the estimated date of compliance.


PCW 2 of 2

PCW

7




Matrix Notes

Violation Events

12 337


semiannualannual

single event


Extraordinary


Notes




Twelve monthly events are recommended from the effective date of TCEQ Agreed Order Docket No. 2009-1348-PWS-E, May 8, 2011, to the date of screening, April 9, 2012.


Failure to accurately measure the disinfectant residual in the water supply may result in the non-detection of inadequately disinfected water thereby exposing consumers to contaminants which

would exceed levels protective of human health.


Rule Cite(s)

$1,000Base Penalty


30 Tex. Admin. Code § 290.110(d)(1) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision 2.b.iii



Failed to measure the free chlorine residual to a minimum accuracy of plus or minus 0.1 milligrams per liter ("mg/L") using amperometric titration, N,N-diethyl-p-

phenylenediamine ("DPD") Ferrous titration or DPD colorimetric. Specifically, at the time of the record review conducted on February 16, 2012, it was documented that the Respondent was not measuring the free chlorine residual throughout the

distribution system using an approved device.

RN105161194




Violation Number




$250



Violation Subtotal

Adjustment $750

mark only one with an x $3,000


$0


$8,330


$3,000

PCW 2 of 2



Violation No.5.0 15


Delayed CostsEquipment $76 8-May-2011 1-Dec-2013 2.57 $1 $13 $14













The delayed costs include the estimated amount to purchase an approved free chlorine testing kit, calculated from the effective date of TCEQ Agreed Order Docket No. 2009-1348-PWS-E to the estimated

date of compliance.





PCW 2 of 2

PCW

8




Matrix Notes

Violation Events



semiannualannual

single event x


Extraordinary


Notes




Violation Subtotal

$100



$900


$100

$278

Adjustment



9-Apr-2012

Failed to submit well completion data.

30 Tex. Admin. Code § 290.41(c)(3)(A) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision 2.h.ii

Docket No. 2012-0777-PWS-E



RN105161194

Base Penalty





Violation Number

$1,000



Rule Cite(s)


$100

$0

mark only one with an x


PCW 2 of 2



Violation No.5.0 15



Buildings 0.00 $0 $0 $0Other (as needed) $5,000 8-May-2011 1-May-2013 1.98 $33 $661 $694















$5,000 $694

The delayed costs include the estimated amount to compile and submit well completion data, calculated from the effective date of TCEQ Agreed Order Docket No. 2009-1348-PWS-E to the estimated date of

compliance.


PCW 2 of 2

PCW

9




Matrix Notes

Violation Events

1 337


semiannualannual

single event x


Extraordinary


Notes




Violation Subtotal



Violation Number



RN105161194


Rule Cite(s)

$1,000


Failed to provide the well with a concrete sealing block extending a minimum of three feet from the exterior well casing in all directions, with a minimum thickness

of six inches and sloped to drain away at not less than 0.25 inches per foot. Specifically, at the time of the record review conducted on February 16, 2012, it was documented that there was a substantial crack running through the sealing

block that could compromise its integrity.


30 Tex. Admin. Code § 290.41(c)(3)(J) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision 2.f.i

Base Penalty



$139

Adjustment



$50



Failure to provide the well with a properly constructed sealing block could result in consumers being exposed to an insignificant amount of contaminants which would not exceed levels

protective of human health.



$950

$50


$0



PCW 2 of 2



Violation No.5.0 15



Buildings 0.00 $0 $0 $0Other (as needed) $200 8-May-2011 1-Feb-2013 1.74 $1 $23 $24












The delayed costs include the estimated amount to repair the crack in the concrete sealing block, calculated from the effective date of TCEQ Agreed Order Docket No. 2009-1348-PWS-E to the estimated

date of compliance.





PCW 2 of 2

PCW

10




Matrix Notes

Violation Events

4 337

dailyweeklymonthlyquarterly x

semiannualannual

single event


Extraordinary


Notes




Four quarterly events are recommended from the effective date of TCEQ Agreed Order Docket No. 2009-1348-PWS-E, May 8, 2011, to the date of screening, April 9, 2012.


Failure to provide the Facility's well with a well casing vent could lead to pressure buildups inside the well casing leading to damage of the well which could expose consumers to significant

amounts of contaminants which would not exceed levels protective of human health.


Rule Cite(s)

$1,000Base Penalty


30 Tex. Admin. Code § 290.41(c)(3)(K) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision 2.f.ii



Failed to provide a well casing vent with an opening that is covered with a 16-mesh or finer corrosion resistant screen, facing downward, elevated, and located as to minimize the drawing of contaminants into the well. Specifically, at the time of the record review conducted on February 16, 2012, it was documented that the

well did not have a well casing vent.

RN105161194




Violation Number




$100



Violation Subtotal

Adjustment $900



$0


$1,111


$400

PCW 2 of 2



Violation No.5.0 15


















$150 $18

The delayed cost includes the estimated amount to have a vent installed in the well casing, calculated from the effective date of TCEQ Agreed Order Docket No. 2009-1348-PWS-E to the estimated date of

compliance.


PCW 2 of 2

PCW

11




Matrix Notes

Violation Events

1 337


semiannualannual

single event x


Extraordinary


Notes




Violation Subtotal



V12



RN105161194


Rule Cite(s)

$1,000


Failed to provide a suitable sampling cock on the discharge pipe of the well.


30 Tex. Admin. Code § 290.41(c)(3)(M) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision 2.f.iii

Base Penalty



$139

Adjustment



$50



Failure to provide a suitable sampling tap hinders the ability to take a proper raw water sample and could expose consumers to insignificant amounts of contaminants which would not exceed

levels protective of human health.



$950

$50


$0



PCW 2 of 2



Violation No.5.0 15















The delayed costs include the estimated amount to install a proper sampling cock on the discharge pipe of the well, calculated from the effective date of TCEQ Agreed Order Docket No. 2009-1348-PWS-E to the

estimated date of compliance.





PCW 2 of 2

PCW

12




Matrix Notes

Violation Events


dailyweeklymonthlyquarterly x

semiannualannual

single event


Extraordinary


Notes

$0


Violation Subtotal





Public Water Supply

Violation Number


RN105161194


Base Penalty


Epifanio Villarreal

30 Tex. Admin. Code § 290.41(c)(3)(N) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision 2.f.iv

Rule Cite(s)



$1,000


Failed to provide a flow-measuring device for the well to measure production yields and provide for the accumulation of water production data.

$400

$900

mark only one with an x

$100



Failure to provide flow measuring devices for the Facility's wells could result in inaccurate or unavailable water production data for the water supplied to the consumers. Without accurate

data, water treatment could be impacted, exposing consumers to a significant amount of contaminants which would not exceed levels protective of human health.

$1,111

Adjustment

Four quarterly events are recommended from the effective date of TCEQ Agreed Order Docket No. 2009-1348-PWS-E, May 8, 2011, to the date of screening, April 9, 2012.


$400



PCW 2 of 2



Violation No.5.0 15


Delayed CostsEquipment $115 8-May-2011 1-Feb-2013 1.74 $1 $13 $14
















$115 $14

The delayed costs include the estimated amount to install a well meter, calculated from the effective date of TCEQ Agreed Order Docket No. 2009-1348-PWS-E to the estimated date of compliance


Compliance History Report Customer/Respondent/Owner-Operator: CN603513409 Thomas Osborn Hammond Classification: Rating: Regulated Entity: RN105161194 LOCO COYOTE GRILL Classification: Site Rating: ID Number(s): PUBLIC WATER SYSTEM/SUPPLY REGISTRATION 2130040 Location: 1795 COUNTY ROAD 1004, WALNUT SPRINGS, SOMERVELL COUNTY, TEXAS TCEQ Region: REGION 04 - DFW METROPLEX Date Compliance History Prepared: May 31, 2012 Agency Decision Requiring Compliance History: Enforcement Compliance Period: May 31, 2007 to May 31, 2012 TCEQ Staff Member to Contact for Additional Information Regarding this Compliance History: Name: Epi Villarreal Phone: 361-825-3425

Site Compliance History Components 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 3. If YES, who is the current owner/operator? N/A 4. If YES, who was/were the prior owner(s)/operator(s)? N/A 5. If YES, when did the change(s) in owner or operator occur? N/A 6. Rating Date: N/A Repeat Violator: N/A

Components (Multimedia) for the Site: A. Final Enforcement Orders, court judgments, and consent decrees of the State of Texas and the federal government. Effective Date: 05/08/2011 ADMINORDER 2009-1348-PWS-E Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 08/2007 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 08/2007 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Major Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: Failure to collect routine bacteriological samples. Classification: Minor Citation: 30 TAC Chapter 290, SubChapter F 290.121(a) 30 TAC Chapter 290, SubChapter F 290.121(b) Description: Failed to develop and maintain an up-to-date chemical and microbiological monitoring plan for the Facility. Classification: Minor Citation: 30 TAC Chapter 290, SubChapter D 290.46(f)(2) Description: Failed to provide operating records at the time of the investigation. Classification: Minor Citation: 30 TAC Chapter 290, SubChapter D 290.46(m)(1) Description: Failed to conduct an annual inspection of the Facility's pressure tank. Classification: Major Citation: 30 TAC Chapter 290, SubChapter D 290.42(e)(3) Description: Failed to provide disinfection equipment so that continuous and effective disinfection can be secured under all conditions. Classification: Minor Citation: 30 TAC Chapter 290, SubChapter D 290.45(c)(1)(A)(ii) Description: Failed to provide a pressure tank capacity of at least 220 gallons. Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.110(d)(1) Description: Failed to measure the free chlorine residual to a minimum accuracy of plus or minus 0.1 mg/L using amperometric titration, DPD Ferrous titration or DPD colorimetric. Classification: Minor Citation: 30 TAC Chapter 290, SubChapter D 290.41(c)(3)(A) Description: Failed to submit well completion data prior to placing the Facility's well into service. Classification: Minor Citation: 30 TAC Chapter 290, SubChapter D 290.41(c)(3)(J) Description: Failed to provide the well with a concrete sealing block extending a minimum of three feet from the exterior well casing in all directions, with a minimum thickness of six inches and sloped to drain away at not less than 0.25 inches per foot. Classification: Minor Citation: 30 TAC Chapter 290, SubChapter D 290.41(c)(3)(K) Description: Failed to provide a well casing vent with an opening that is covered with a 16-mesh or finer corrosion resistant screen, facing downward, elevated, and located as to minimize the drawing of contaminants into the well. Classification: Minor Citation: 30 TAC Chapter 290, SubChapter D 290.41(c)(3)(M)

Description: Failed to provide a suitable sampling cock on the discharge pipe of the well. Classification: Minor Citation: 30 TAC Chapter 290, SubChapter D 290.41(c)(3)(N) Description: Failed to provide a flow-measuring device for the well to measure production yields and provide for the accumulation of water production data. Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 09/2007 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 09/2007 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 10/2007 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 10/2007 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 11/2007 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 11/2007 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 12/2007 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 12/2007 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 01/2008 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 01/2008 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 02/2008 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 02/2008 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 03/2008 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 03/2008 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 04/2008 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 04/2008 - Failure to post public notice for not collecting any routine monitoring sample(s).

Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 05/2008 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 05/2008 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 06/2008 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 06/2008 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 07/2008 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 07/2008 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 08/2008 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 08/2008 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 09/2008 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 09/2008 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 10/2008 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 10/2008 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 11/2008 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 11/2008 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 12/2008 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 12/2008 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 01/2009 - Failure to collect any routine monitoring sample(s).

Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 01/2009 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 02/2009 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 02/2009 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 03/2009 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 03/2009 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 04/2009 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 04/2009 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 05/2009 - Failure to collect any routine monitoring sample(s). Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR PN Routine Monitoring Violation 05/2009 - Failure to post public notice for not collecting any routine monitoring sample(s). Classification: Minor Citation: 2A TWC Chapter 5, SubChapter A 5.702 30 TAC Chapter 290, SubChapter D 290.51(a)(6) Description: Failed to pay all annual and late Public Health Service fees for TCEQ Financial Administration Account No. 92130040 for Fiscal Year 2009 to the TCEQ in a timely manner.

B. Any criminal convictions of the state of Texas and the federal government. N/A C. Chronic excessive emissions events. N/A D. The approval dates of investigations. (CCEDS Inv. Track. No.)

1 (763251) 08/13/2009 2 (763693) 07/28/2009 3 (763859) 07/31/2009 4 (763868) 07/31/2009 5 (763872) 07/31/2009 6 (763879) 07/31/2009 7 (763898) 07/31/2009 8 (763899) 07/31/2009 9 (763900) 07/31/2009 10 (763904) 07/31/2009 11 (763917) 07/31/2009

12 (763924) 07/31/2009 13 (763932) 07/31/2009 14 (763936) 07/31/2009 15 (763983) 07/31/2009 16 (763994) 07/31/2009 17 (763997) 07/31/2009 18 (764000) 07/31/2009 19 (764006) 07/31/2009 20 (764014) 07/31/2009 21 (764018) 07/31/2009 22 (764022) 07/31/2009

23 (764030) 07/31/2009 24 (764307) 08/05/2009 25 (981307) 01/27/2012 26 (981388) 01/19/2012 27 (981532) 01/20/2012 28 (981539) 01/20/2012 29 (981548) 01/20/2012 30 (981560) 01/20/2012 31 (981568) 01/20/2012 32 (988091) 03/27/2012

E. Written notices of violations (NOV). (CCEDS Inv. Track. No.) Date: 11/01/2007 (763693) CN603513409

Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 08/2007 - Failure to collect any routine monitoring sample(s). Self Report? NO

Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 08/2007 - Failure to post public notice for not collecting any routine monitoring sample(s).

Date: 12/20/2007 (763859) CN603513409 Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 09/2007 - Failure to collect any routine monitoring sample(s). Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 09/2007 - Failure to post public notice for not collecting any routine monitoring sample(s).






Date: 04/29/2008 (763900) CN603513409 Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d)

Description: TCR Routine Monitoring Violation 03/2008 - Failure to collect any routine monitoring sample(s). Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 03/2008 - Failure to post public notice for not collecting any routine monitoring sample(s).







Date: 12/09/2008 (763994) CN603513409 Self Report? NO Classification: Moderate

Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 10/2008 - Failure to collect any routine monitoring sample(s). Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) Description: TCR PN Routine Monitoring Violation 10/2008 - Failure to post public notice for not collecting any routine monitoring sample(s).







Date: 07/14/2009 (764030) CN603513409 Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR Routine Monitoring Violation 05/2009 - Failure to collect any routine monitoring sample(s). Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2)(B) 5A THSC Chapter 341, SubChapter A 341.033(d) Description: TCR PN Routine Monitoring Violation 05/2009 - Failure to post public notice for not collecting any routine monitoring sample(s).

Date: 07/07/2011 (981388) CN603513409 Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.109(c)(2)(A)(i) Description: TCR Routine Monitoring Violation 05/2011 - Failure to collect any routine monitoring sample(s).



Date: 10/05/2011 (981532) CN603513409 Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2) 30 TAC Chapter 290, SubChapter F 290.122(f) Description: May 2011 TCR Routine Monitoring PN Posting & Reporting Violation - Failure to submit a signed certificate of delivery to the Executive Director certifying that public notice was issued pursuant to 30 Tex. Admin. Code § 290.122 during the time period that public notice was required for failing to conduct coliform monitoring for the month of 05/2011.


Date: 11/08/2011 (981539) CN603513409 Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2) 30 TAC Chapter 290, SubChapter F 290.122(f) Description: Jun 2011 TCR Routine Monitoring PN Posting & Reporting Violation - Failure to submit a signed certificate of delivery to the Executive Director certifying that public notice was issued pursuant to 30 Tex. Admin. Code § 290.122 during the time period that public notice was required for failing to conduct coliform monitoring for the month of 06/2011.


Date: 11/28/2011 (981548 )CN603513409 Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 290, SubChapter F 290.122(c)(2) 30 TAC Chapter 290, SubChapter F 290.122(f) Description: Jul 2011 TCR Routine Monitoring PN Posting & Reporting Violation - Failure to submit a signed certificate of delivery to the Executive Director certifying that public notice was issued pursuant to 30 Tex. Admin. Code § 290.122 during the time period that public notice was required for failing to conduct coliform monitoring for the month of 07/2011.

F. Environmental audits. N/A G. 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 J. Early compliance. N/A Sites Outside of Texas N/A

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

IN THE MATTER OF AN ENFORCEMENT ACTION

CONCERNING THOMAS OSBORN HAMMOND DBA

LOCO COYOTE GRILL; RN105161194

§ § § § § §

BEFORE THE

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

AGREED ORDER

DOCKET NO. 2012-0777-PWS-E

At its agenda meeting, the Texas Commission on Environmental Quality (“Commission” or “TCEQ”) considered this agreement of the parties (the “Agreed Order”), resolving an enforcement action regarding Thomas Osborn Hammond d/b/a Loco Coyote Grill (“Respondent”) under the authority of TEX. HEALTH & SAFETY CODE ch. 341. The Executive Director of the TCEQ, represented by the Litigation Division, and Respondent presented this Agreed Order to the Commission.

Respondent understands that he has certain procedural rights at certain points in the enforcement process, including, but not limited to, the right to formal notice of violations, notice of an evidentiary hearing, the right to an evidentiary hearing, and a right to appeal. By entering into this Agreed Order, Respondent agrees to waive all notice and procedural rights.

It is further understood and agreed that this Agreed Order represents the complete and fully-integrated agreement of the parties. The provisions of this Agreed Order are deemed severable and, if a court of competent jurisdiction or other appropriate authority deems any provision of this Agreed Order unenforceable, the remaining provisions shall be valid and enforceable. The duties and responsibilities imposed by this Agreed Order are binding upon Respondent.

The Commission makes the following Findings of Fact and Conclusions of Law:

FINDINGS OF FACT

1. Respondent owns and operates a public water system located at 1795 County Road 1004 in Walnut Springs, Somervell County, Texas (the “Facility”). The Facility provides water for human consumption, has approximately one service connection, and serves at least 25 people per day for at least 60 days per year. As such, the Facility is a public water system as defined in 30 TEX. ADMIN. CODE § 290.38(66).

2. During record reviews conducted on January 17, 2012, and February 16, 2012, a TCEQ Central Office investigator documented that Respondent:

a. Failed to collect routine distribution water samples for coliform analysis for the months of September 2011, October 2011, November 2011, and December 2011, and failed to provide public notice of the failure to sample for the month of September 2011; and

b. Failed to collect routine distribution water samples for coliform analysis for the months of May 2011, June 2011, July 2011, and August 2011, and failed to

Thomas Osborn Hammond d/b/a Loco Coyote Grill Docket No. 2012-0777-PWS-E Page 2

provide public notice of the failure to sample for the months of May 2011, June 2011, July 2011, and August 2011.

3. During a record review conducted on January 17, 2012, a TCEQ Central Office investigator documented that Respondent failed to provide the results of annual nitrate monitoring to the Executive Director for the monitoring period from January 1, 2010, through December 31, 2010.

4. During a record review conducted on February 16, 2012, a TCEQ Central Office investigator documented that Respondent:

a. Failed to develop and maintain an up-to-date chemical and microbiological monitoring plan for the Facility;

b. Failed to maintain a record of water works operation and maintenance activities;

c. Failed to conduct an annual inspection of the Facility's pressure tank;

d. Failed to provide disinfection equipment so that continuous and effective disinfection can be secured under all conditions. Specifically, the Facility did not have any disinfection equipment installed;

e. Failed to measure the free chlorine residual to a minimum accuracy of plus or minus 0.1 milligrams per liter ("mg/L") using amperometric titration, N,N-diethyl-p-phenylenediamine ("DPD") Ferrous titration or DPD colorimetric. Specifically, Respondent was not measuring the free chlorine residual throughout the distribution system using an approved device;

f. Failed to submit well completion data;

g. Failed to provide the well with a concrete sealing block extending a minimum of three feet from the exterior well casing in all directions, with a minimum thickness of six inches and sloped to drain away at not less than 0.25 inches per foot. Specifically, there was a substantial crack running through the sealing block of the Facility’s well that could compromise its integrity;

h. Failed to provide a well casing vent with an opening that is covered with a 16-mesh or finer corrosion resistant screen, facing downward, elevated, and located as to minimize the drawing of contaminants into the well. Specifically, the well did not have a well casing vent;

i. Failed to provide a suitable sampling cock on the discharge pipe of the well; and

j. Failed to provide a flow-measuring device for the well to measure production yields and provide for the accumulation of water production data.

5. Respondent received notice of the violations alleged on Finding of Fact No. 2 on or about January 25, 2012, and March 31, 2012. Respondent received notice of the violation alleged in Finding of Fact No. 3 on or about January 25, 2012. Respondent received notice of the violations alleged in Finding of Fact No. 4 on or about March 31, 2012.

CONCLUSIONS OF LAW

1. As evidenced by Finding of Fact No. 1, Respondent is subject to the jurisdiction of the TCEQ pursuant to TEX. HEALTH & SAFETY CODE ch. 341 and the rules of the Commission.

2. As evidenced by Finding of Fact No. 2.a., Respondent failed to collect routine distribution water samples for coliform analysis for the months of September 2011, October 2011, November 2011, and December 2011, and failed to provide public notice of the failure to sample for the month of September 2011, in violation of TEX. HEALTH & SAFETY CODE


§ 341.033(d); 30 TEX. ADMIN. CODE §§ 290.109(c)(2)(A)(i), 290.109(f)(5), 290.109(f)(7), 290.122(c)(1)(B), 290.122(c)(2)(B), and 290.122(f); and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision No. 2.a.

3. As evidenced by Finding of Fact No. 2.b., Respondent failed to collect routine distribution water samples for coliform analysis for the months of May 2011, June 2011, July 2011, and August 2011, and failed to provide public notice of the failure to sample for the months of May 2011, June 2011, July 2011, and August 2011, in violation of TEX. HEALTH & SAFETY CODE § 341.033(d); 30 TEX. ADMIN. CODE §§ 290.109(c)(2)(A)(i), 290.109(f)(5), 290.109(f)(7), 290.122(c)(1)(B), 290.122(c)(2)(B), and 290.122(f); and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision No. 2.a.

4. As evidenced by Finding of Fact No. 3, Respondent failed to provide the results of annual nitrate monitoring to the Executive Director for 2010, in violation of 30 TEX. ADMIN. CODE § 290.106(e).

5. As evidenced by Finding of Fact No. 4.a., Respondent failed to develop and maintain an up-to-date chemical and microbiological monitoring plan for the Facility, in violation of 30 TEX. ADMIN. CODE § 290.121(a) and (b) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision No. 2.d.i.

6. As evidenced by Finding of Fact No. 4.b., Respondent failed to maintain a record of water works operation and maintenance activities, in violation of 30 TEX. ADMIN. CODE § 290.46(f) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision No. 2.d.ii.

7. As evidenced by Finding of Fact No. 4.c., Respondent failed to conduct an annual inspection of the Facility's pressure tank, in violation of 30 TEX. ADMIN. CODE § 290.46(m)(1)(B) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision No. 2.b.i.

8. As evidenced by Finding of Fact No. 4.d., Respondent failed to provide disinfection equipment so that continuous and effective disinfection can be secured under all conditions, in violation of 30 TEX. ADMIN. CODE § 290.42(e)(3) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision No. 2.b.ii.

9. As evidenced by Finding of Fact No. 4.e., Respondent failed to measure the free chlorine residual to a minimum accuracy of plus or minus 0.1 mg/L using amperometric titration, DPD Ferrous titration or DPD colorimetric, in violation of 30 TEX. ADMIN. CODE § 290.110(d)(1) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision No. 2.b.iii.

10. As evidenced by Finding of Fact No. 4.f., Respondent failed to submit well completion data, in violation of 30 TEX. ADMIN. CODE § 290.41(c)(3)(A) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision No. 2.h.ii.

11. As evidenced by Finding of Fact No. 4.g., failed to provide the well with a concrete sealing block extending a minimum of three feet from the exterior well casing in all directions, with a minimum thickness of six inches and sloped to drain away at not less than 0.25 inches per foot, in violation of 30 TEX. ADMIN. CODE § 290.41(c)(3)(J) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision No. 2.f.i.

12. As evidenced by Finding of Fact No. 4.h., Respondent failed to provide a well casing vent with an opening that is covered with a 16-mesh or finer corrosion resistant screen, facing downward, elevated, and located as to minimize the drawing of contaminants into the well, in violation of 30 TEX. ADMIN. CODE § 290.41(c)(3)(K) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision No. 2.f.ii.


13. As evidenced by Finding of Fact No. 4.i., Respondent failed to provide a suitable sampling cock on the discharge pipe of the well, in violation of 30 TEX. ADMIN. CODE § 290.41(c)(3)(M) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision No. 2.f.iii.

14. As evidenced by Finding of Fact No. 4.j., Respondent failed to provide a flow-measuring device for the well to measure production yields and provide for the accumulation of water production data, in violation of 30 TEX. ADMIN. CODE § 290.41(c)(3)(N) and TCEQ Agreed Order Docket No. 2009-1348-PWS-E, Ordering Provision No. 2.f.iv.

15. Pursuant to TEX. HEALTH & SAFETY CODE § 341.049, the Commission has the authority to assess an administrative penalty against Respondent for violations of state statutes within the Commission’s jurisdiction, for violations of rules adopted under such statutes, or for violations of orders or permits issued under such statutes.

16. An administrative penalty in the amount of twenty-five thousand fifty-one dollars ($25,051.00) is justified by the facts recited in this Agreed Order, and considered in light of the factors set forth in TEX. HEALTH & SAFETY CODE § 341.049. Respondent paid seven hundred twenty-six dollars ($726.00) of the administrative penalty. The remaining amount of twenty-four thousand three hundred twenty-five dollars ($24,325.00) of the administrative penalty shall be payable in thirty-five (35) monthly payments of six hundred ninety-five dollars ($695.00) each. The first monthly payment shall be paid within 30 days after the effective date of this Agreed Order. The subsequent payments shall be paid not later than 30 days following the due date of the previous payment. If Respondent fails to timely and satisfactorily comply with the payment requirements of this Agreed Order, including the payment schedule, the Executive Director may, at his option, accelerate the maturity of the remaining installments, in which event the unpaid balance shall become immediately due and payable without demand or notice. In addition, Respondent’s failure to meet the payment schedule of this Agreed Order constitutes the failure by Respondent to timely and satisfactorily comply with all of the terms of this Agreed Order.

ORDERING PROVISIONS

NOW, THEREFORE, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ORDERS that:

1. Respondent is assessed an administrative penalty as set forth in Conclusion of Law No. 16, above, for violations of state statutes and rules of the TCEQ. The payment of this administrative penalty and Respondent’s compliance with all the terms and conditions set forth in this Agreed Order resolve only the matters set forth by this Agreed Order in this action. The Commission shall not be constrained in any manner from considering or requiring corrective actions or penalties for violations which are not raised here. Administrative penalty payments shall be made payable to “Texas Commission on Environmental Quality” and shall be sent with the notation “Re: Thomas Osborn Hammond d/b/a Loco Coyote Grill, Docket No. 2012-0777-PWS-E” to:

Financial Administration Division, Revenues Section Texas Commission on Environmental Quality Attention: Cashier’s Office, MC 214 P.O. Box 13088 Austin, Texas 78711-3088

2. Respondent shall undertake the following technical requirements:

a. Within 10 days after the effective date of this Agreed Order Order, Respondent shall begin complying with applicable coliform monitoring requirements by


collecting routine coliform distribution samples and providing water that meets the provisions regarding microbial contaminants, in accordance with 30 TEX. ADMIN. CODE § 290.109. This provision will be satisfied upon six consecutive months of compliant monitoring and reporting (Conclusions of Law Nos. 2 and 3).

b. Within 30 days after the effective date of this Agreed Order, Respondent shall:

i. Ensure that all delinquent drinking water chemical analysis results are reported to the Executive Director or demonstrate that a compliance schedule has been established, in accordance with 30 TEX. ADMIN. CODE § 290.106 (Inorganic Contaminants) (Conclusion of Law No. 4);

ii. Implement procedures to ensure all necessary public notifications are provided in a timely manner to the customers of the Facility with a copy to the Commission, in accordance with 30 TEX. ADMIN. CODE § 290.122 (Conclusions of Law Nos. 2 and 3);

iii. Implement improvements to the Facility’s process procedures, guidance, training, and/or oversight to ensure that future drinking water chemical sample results are released by the Facility’s laboratories and reported to the Executive Director within ten days of either the Executive Director’s request or of their receipt by the Facility, whichever is later, in accordance with 30 TEX. ADMIN. CODE § 290.106 (Inorganic Contaminants)(Conclusion of Law No. 4);

iv. Conduct an inspection of the Facility’s pressure tank, in accordance with 30 TEX. ADMIN. CODE § 290.46 (Conclusion of Law No. 7);

v. Install disinfection equipment so that continuous and effective disinfection is secured under all conditions, in accordance with 30 TEX. ADMIN. CODE § 290.42 (Conclusion of Law No. 8); and

vi. Begin testing the disinfectant residual of the water supply using an approved method, in accordance with 30 TEX. ADMIN. CODE § 290.110 (Conclusion of Law No. 9).

c. Within 45 days after the effective date of this Order, Respondent shall submit written certification, as described in Ordering Provision No. 2.j., below, to demonstrate compliance with Ordering Provision No. 2.b.

d. Within 60 days after the effective date of this Agreed Order, Respondent shall: i. Compile an up-to-date chemical and microbiological monitoring plan, in

accordance with 30 TEX. ADMIN. CODE § 290.121 (Conclusion of Law No. 5); and

ii. Begin maintaining a thorough record of water works operation and

maintenance activities, in accordance with 30 TEX. ADMIN. CODE § 290.46 (Conclusion of Law No. 6).

e. Within 75 days after the effective of this Agreed Order, Respondent shall submit

written certification, as described in Ordering Provision No. 2.j., below, to demonstrate compliance with Ordering Provision No. 2.d.


f. Within 90 days after the effective date of this Agreed Order, Respondent shall: i. Repair the crack in the concrete sealing block of the Facility’s well, in

accordance with 30 TEX. ADMIN. CODE § 290.41 (Conclusion of Law No. 11); ii. Provide the Facility’s well with a properly constructed casing vent, in

accordance with 30 TEX. ADMIN. CODE § 290.41 (Conclusion of Law No. 12); iii. Provide the discharge pipe of the Facility’s well with a suitable sampling

cock, in accordance with 30 TEX. ADMIN. CODE § 290.41 (Conclusion of Law No. 13); and

iv. Provide a flow measuring device for the Facility’s well, in accordance with

30 TEX. ADMIN. CODE § 290.41 (Conclusion of Law No. 14). g. Within 105 days after the effective of this Agreed Order, Respondent shall submit

written certification, as described in Ordering Provision No. 2.j., below, to demonstrate compliance with Ordering Provision No. 2.f.

h. Within 180 days after the effective date of this Agreed Order, Respondent shall

submit for review and approval detailed and properly completed plans and specifications for the Facility’s well that are stamped and sealed by an licensed engineer, in accordance with 30 TEX. ADMIN. CODE § 290.41 (Conclusion of Law No. 10). The plans shall be submitted to:

Water Supply Division Utilities Technical Review Team, MC 153 Texas Commission on Environmental Quality P.O. Box 13088

Austin, Texas 78711-3088

i. Within 195 days after the effective date of this Order Respondent shall submit written certification, as described in Ordering Provision No. 2.j., below, to demonstrate compliance with compliance with Ordering Provision Nos. 2.a. and 2.h.

j. The certifications required by these Ordering Provisions shall be accompanied by detailed supporting documentation, including photographs, receipts, and/or other records, shall be notarized by a State of Texas Notary Public, 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 fine and imprisonment for knowing violations.”

Respondent shall submit the written certifications and supporting documentation necessary to demonstrate compliance with these Ordering Provisions to:


Order Compliance Team Texas Commission on Environmental Quality Enforcement Division, MC 149A P.O. Box 13087 Austin, Texas 78711-3087

and:

Charles Marshall, Acting Water Section Manager Dallas/Fort Worth Regional Office Texas Commission on Environmental Quality 2309 Gravel Drive

Fort Worth, Texas 76118-6951

and:

Bob Patton, Jr., Section Manager Public Drinking Water Section, MC 155 Texas Commission on Environmental Quality P.O. Box 13087 Austin, Texas 78711-3087

3. All relief not expressly granted in this Agreed Order is denied.

4. The provisions of this Agreed Order shall apply to and be binding upon Respondent. Respondent is ordered to give notice of this Agreed Order to personnel who maintain day-to-day control over the Facility operations referenced in this Agreed Order.

5. The Executive Director may grant an extension of any deadline in this Agreed Order or in any plan, report, or other document submitted pursuant to this Agreed Order, upon a written and substantiated showing of good cause. All requests for extensions by Respondent shall be made in writing to the Executive Director. Extensions are not effective until Respondent receives written approval from the Executive Director. The determination of what constitutes good cause rests solely with the Executive Director.

6. This Agreed Order, issued by the Commission, shall not be admissible against Respondent in a civil proceeding, unless the proceeding is brought by the OAG to: (1) enforce the terms of this Agreed Order; or (2) pursue violations of a statute within the Commission’s jurisdiction, or of a rule adopted or an order or permit issued by the Commission under such a statute.

7. 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 Respondent has not complied with one or more of the terms or conditions in this Agreed Order.

8. This Agreed Order shall terminate five years from its effective date or upon compliance with all the terms and conditions set forth in this Agreed Order, whichever is later.

9. This Agreed Order may be executed in separate and multiple counterparts, which together shall constitute a single instrument. Any page of this Agreed 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 Agreed 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.

10. Pursuant to 30 TEX. ADMIN. CODE § 70.10(b) and TEX. GOV'T CODE § 2001.142, the effective date of this Agreed Order is the date of hand delivery of this Agreed Order to Respondent, or three days after the date on which the Commission mails notice of this Agreed Order to Respondent, whichever is earlier. The Chief Clerk shall provide a copy of this Agreed Order to each of the parties.

RN105161194 Docket No. 2012-0777-PWS-E · 2013. 7. 26. · EXECUTIVE SUMMARY – ENFORCEMENT MATTER...

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