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05-30-1989 (City Council) Agenda Packet DATE POSTED 5-26-89 TIME POSTED 11:30 A. M. AGENDA CALLED CITY COUNCIL WORK SESSION TUESDAY, MAY 30, 1989 7:00 P. M. COUNCIL CONFERENCE ROOM MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER ORDER OF BUSINESS BUSINESS 1 Update of the Easements needed for improvements to the Wastewater Collection System 2 Assign Council Members a list of property owners to contact for easements for improvements to the Wastewater Collection System 3 Consider receipt of Executive Order from Texas Water Commission regarding Wastewater Collection and Treatment System 4 Consider Citizen Quarterly News Letter 5 Adjourn TEXAS WATER COMMISSION B.J.W ynne,III,Chairman A Allen Beinke,Executive Director Paul Hopkins,Commissioner Michael E. Field,General Counsel John O. Houchins,Commissioner Brenda W. Foster,Chief Clerk May 23, 1989 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Chuck Trimble, Mayor The City of Wylie 2000 Hwy. 78 North Wylie, Texas 75098 Re: The City of Wylie, Permit No. 10384-01 - Notice of Executive Director' s Noncompliance Report, Petition, and Proposed Order - Violations of Chapter 26 of the Texas Water Code Dear Mayor Trimble: In accordance with Texas Water Code §26 . 136 (e) and 31 Texas Administrative Code §337 . 37, attached please find the "Notice of Executive Director ' s Noncompliance Report and Petition for Order Assessing Administrative Penalties and Requiring Certain Actions of the City of Wylie, " the "Executive Director ' s Noncompliance Report, " and the proposed "Order. " The Executive Director requests the Texas Water Commission ( "Commission" ) to assess total administrative penalties of $4, 160. 00 for the violations of the Texas Water Code specified herein. The Executive Director is also requesting the Commission to issue an order requiring the City to undertake certain actions as set out in the enclosed Report, Petition, and proposed Order. You have a right to an evidentiary hearing on the occurrence of the violations alleged, the amount of the penalties requested, the allegations in the petition and the provisions of the proposed Order. If you desire to contest any of these matters, you must submit to the Commission a written request for a hearing not later than twenty ( 20) days after receipt of this letter. If you choose to contest any proposed stipulated penalty provision, the Executive Director will not pursue such stipulated penalties before the Commission. However, in the absence of the proposed stipulated penalties, the City is subject to fines greater than the amount of the stipulated penalties, up to ten Thousand Dollars ( $10,000) per day. In addition, the Executive Director may choose to pursue penalties concerning prior violations not analyzed herein, or a greater portion of penalties for violations analyzed herein, should no agreement be reached among the parties in regard to stipulated penalties, including any stipulated penalties for future violations . Alternatively, you may give written consent to all or part of the Report, Petition and requested Order. If you fail to respond P.O.Box 13087 Capitol Station • 1700 North Congress Ave. • Austin,Texas 78711-3087 • Area Code 512/463-7830 Chuck Trimble, Mayor The City of Wylie Page Two May 23, 1989 within twenty (20) days after receipt of this notice, you will be deemed to have consented to all of the terms of the proposed Order including any stipulated penalties for future violations . In such case, or if you file a written consent, the Commission will order a hearing or enter an appropriate enforcement order. The Commission will consider these matters on: Thursday, June 22, 1989, at 10: 00 A.M. Room 118, Stephen F. Austin State Office Building 1700 North Congress Avenue Austin, Texas 78701 Please contact Mr. Jim Haley, Director, or Robin Smith, Staff Attorney, of the Commission' s Legal Division, at (512) 463-8069 with any questions or requests for consultation. Sincerely, AlQJknk2 n P. Beinke Executive Director Enclosures cc: Mr. Jim Haley, Director, Legal Division Mr. Michael Field, General Counsel Ms . Brenda Foster, Chief Clerk Mr. Hank Smith, Enforcement Coordinator, Water Quality Division Mr. Clyde E. Bohmfalk, Director, Water Quality Division Ms . Carol Batterton, Director, Field Operations Division Ms . Cynthia G. Hayes, Public Interest Advocate TWC District 4, Duncanville Mr. James Graham, U.S. Environmental Protection Agency, Region VI, 1445 Ross Avenue, Dallas, TX 75202 TEXAS WATER COMMISSION 04,0,4 B.J.Wynne,III,Chairman rim Allen Beinke,Executive Director Paul Hopkins,Commissioner ,,`, Michael E.Field,General Counsel John O.Houchins,Commissioner Brenda W.Foster,Chief Clerk May 23, 1989 Ms. Brenda W. Foster, Chief Clerk Texas Water Commission P.O. Box 13087, Capitol Station Austin, Texas 78711-3087 Re: The City of Wylie, Permit No. 10384-01 - Violations of Chapter 26 of the Texas Water Code Dear Ms. Foster: Transmitted herewith for filing with the Texas Water Commission (Commission) are the original and 10 copies of the "Notice of the Executive Director' s Noncompliance Report and Petition for Order Assessing Administrative Penalties and Requiring Certain Actions of the City of Wylie, " the "Executive Director' s Noncompliance Report" and proposed "Enforcement Order" concerning the City of Wylie, in accordance with Texas Water Code SS5. 101, 5 . 102, 26 .019, and 26 . 136 and 31 Texas Administrative Code SS337 . 1, 337 .32 and 337 . 36 . The Executive Director recommends that these matters be set for hearing before the Commission not earlier than the twentieth (20th) day after the notice and petition are received by the City of Wylie, or after written consent by the City to the report and proposed order is received by the Commission, if such occurs prior to the twentieth (20th) day. Respectfully submitted, W4-7 Haley Director, Legal Division Enclosures P.O.Box 13087 Capitol Station • 1700 North Congress Ave. • Austin,Texas 78711.3087 • Area Code 512/463-7830 cc: Mr. Chuck Trimble, Mayor, the City of Wylie, 2000 Hwy. 78 North, Wylie, Texas 75098 Mr. Allen Beinke, Executive Director, Texas Water Commission Mr. Mike Field, General Counsel, Texas Water Commission Mr. Hank Smith, Enforcement Coordinator, Water Quality Division Mr. Clyde E. Bohmfalk, Director, Water Quality Division Ms. Carol Batterton, Director, Field Operations Division Ms. Cynthia G. Hayes, Public Interest Advocate TWC District 4, Duncanville Mr. James Graham, U.S. Environmental Protection Agency, Region VI, 1445 Ross Avenue, Dallas, TX 75202 IN THE NATTER OF THE S EXECUTIVE DIRECTOR'S S BEFORE THE NONCOMPLIANCE REPORT S CONCERNING THE S TEXAS WATER COMMISSION CITY OF WYLIE S PERMIT NO. 10384-01 S NOTICE OF THE EXECUTIVE DIRECTOR'S NONCOMPLIANCE REPORT AND PETITION FOR ORDER ASSESSING ADMINISTRATIVE PENALTIES AND REQUIRING CERTAIN ACTIONS OF THE CITY OF WYLIE TO THE HONORABLE MEMBERS OF THE TEXAS WATER COMMISSION: COMES NOW, the Executive Director of the Texas Water Commission ( "Commission" ) , by and through a representative of the Legal Division, requesting an order from the Commission assessing administrative penalties for past violations of Chapter 26 of the Texas Water Code ( "Code") as well as an enforcement order requiring certain actions of the City of Wylie, ( "City" ) , as set out below. In support of these requests, the Executive Director would show the following: I . The City is a municipality in Collin County incorporated under the laws of Texas. The City is authorized to discharge .8 million gallons per day into stream segment No. 0820 pursuant to Permit No. 10384-01, attached hereto as Exhibit "A. " The designated uses for Stream Segment No. 0820 are contact recreation, high quality aquatic habitat, and public water supply. II . Section 26 . 121 of the Code prohibits the discharge of waste into or adjacent to the waters in the State, except as authorized by rule, permit or order issued by the Commission. III. The City is not authorized by rule, permit, or order of the Commission to discharge waste into or adjacent to any waters in the State, unless such discharge complies with the treatment limits specified in Permit No. 10384-01. IV. The City has been operating a pump and haul program which involves loading sewage into a vehicular mounted vacuum tank and transporting the sewage to a point where the sewage is then transported to the treatment plant by gravity flow. The City agrees that this is an unreliable system but has failed to obtain necessary funding to resolve these problems. From May 1988 to the present at least 10,000 gallons per day have been hauled in the City. V. The City of Wylie is currently under a Commission Order dated June 24, 1987 due to noncompliant TSS discharges in April and June of 1986. A penalty of $7,500 was assessed for the violations . Provision 2L of the order required the City to submit to the Executive Director of the Commission "a prioritized schedule outlining planned collection system repairs and improvements in the City of Wylie' s collection system. " The plan was to be submitted to the Executive Director for review and approval within 210 days of issuance of the order, or January 20, 1988. VI . The City did submit a preliminary schedule and report on January 5, 1988, but informed the Staff of the Commission that the schedule was conditional on City Council approval . The City Council did not approve the schedule and the City withdrew its submission. Thus, the City failed to have a report on file pursuant to requirement 2L of the order. No plan approved by the City Council has been filed by the City which has been approved by the Executive Director. VII . Provision P of the June 24, 1987 Order required the City to prepare quarterly reports setting forth the 30-day average effluent values for BOD and TSS for the facility, identifying any violations of the BOD and TSS limits, and calculating the penalties the City is required to pay under the Order. VIII. Since the Commission order was issued on June 24, 1987, at least seven bypasses have occurred from various lift stations and force mains within the collection system. The City of Wylie has paid $700 in stipulated penalties for those bypasses. Ix. Sections 26.136(a) and (b) of the Code allows the Commission to assess civil penalties of up to ten thousand dollars ($10,000) per day for violations of Chapter 26 of the Code or Commission permits, rules, or orders. In determining the amount of the penalty, 526 . 136(c) ( 1)-(4) of the Code requires the Commission to consider the extent, gravity and impact of the violation, the history of non-compliance, degree of culpability, good faith 2 efforts to comply or remedy, economic benefit of noncompliance, further deterrence, and any other matters that justice may require. X. The Executive Director has considered the above-noted factors and issued a Preliminary Enforcement Report, attached hereto as Exhibit B and incorporated herein by reference, setting forth the facts and circumstances surrounding these violations. Based upon the analyses set out therein, the Executive Director has calculated cumulative penalties of $4,160 for the violations alleged. Section 26. 136(n) of the Code allows the Commission to compromise, modify or remit, with or without condition, any civil penalty assessed. XI. Section 26 .019 of the Code authorizes the Commission to issue orders and make determinations necessary to effectuate the purposes of Chapter 26 of the Texas Water Code. Accordingly, the Executive Director requests that the City be ordered to: 1. Pay an administrative penalty in the amount of $4, 160 .00. 2. Pay stipulated administrative penalties for failure to cease the pump-and-haul program. Pumping and/or hauling sewage at any time during the month, and from any point in the City shall result in a violation of this requirement. The penalties shall be in accordance with the following schedule: Time Penalty Per Month January 1, 1990 through December 31, 1990 $500 December 31, 1990 through December 31, 1991 $1,000; 3. Pay stipulated administrative penalties for each bypassing event within the collection system in accordance with the following schedule: Time Penalty, Per Event Signature of Order through December 31, 1989 $100 January 1, 1990 through December 31, 1990 $1,900 January 1, 1991 through December 31, 1991 $2,900 4 . Commencing from the date on which the second Commission Order is signed, the City shall prepare quarterly reports that identify any violations of the second Order and the 3 appropriate penalty. The first report shall be submitted by July 30, 1989 and will cover the period from the date the second Order is signed through June 30, 1989 . Subsequent quarterly reports shall be submitted on the 30th day following the end of each calendar quarter. These reports shall be submitted to the Enforcement Section of the Commission' s Water Quality Division. The quarterly reports shall summarize the efforts put forth by the City to comply with the second Order and the status of construction for the necessary improvements . In addition, the reports shall contain the number of connections added to the system per month, and the industry's compliance with the City's Industrial Waste Ordinance. 5. The City shall, at all times, enforce its Industrial Waste Ordinance. During the pendency of a Commission Order, the City shall document the dates of inspection of industrial facilities, the findings of such inspections, and the actions of the City resulting from such inspections; 6 . The City shall, by no later than September 1, 1989, have completed construction, and placed in service, the expanded wastewater treatment plant. Should this September 1, 1989 deadline not be met, the City shall pay stipulated penalties for each day following the City' s failure to comply with the deadline specified herein, according to the following schedule: (i) 1st through 29th day: $125.00 per day; (ii) 30th through 59th day: $250.00 per day; (iii) 60th through 119th day: $350.00 per day; (iv) each day following the 119th day: $500.00 per day; 7 . The City shall modify the construction schedule to allow any unit which will provide improved interim treatment to be available for beneficial use on a priority basis; 8. Commencing with the issuance of a Commission Order and continuing through completion of construction of the expanded wastewater treatment plant, the City shall pay stipulated administrative penalties of $0.07 for each pound of BOD in excess of 150 lb/day daily average and $0.05 for each pound of TSS in excess of 150 lb/day daily average for each day of violation; 9 . Commencing from the date on which this Order becomes final, the City shall prepare a quarterly report setting forth the thirty-day average effluent values for BOD and TSS for the facility for which stipulated penalties) are provided under the previous provision of this Order 4 during the period covered in the quarterly report and identifying any violations as provided herein (6 and 8) and calculating the penalties that the City is required to pay under the provisions of this Order for such violations. The stipulated penalties for violations of BOD thirty-day average pollutant loading and TSS thirty-day average pollutant loading shall be computed on the basis of [ (thirty-day average concentration of BOD /TSS (mg/1) ) x (8.34) x (thirty-day average flow (MGb) - (150 lb/day daily average) ] ($0. per pound) x (number of days in month) . Reports shall be submitted no later than thirty (30) days following each quarterly reporting period to the Enforcement Section of the Water Quality Division of the Texas Water Commission. 10. The Enforcement Section shall review the reports filed pursuant to Provision 4 and Provision 9 for the purpose of verifying the violations and penalty computations and will notify the City in writing of acceptance of the City's penalty computation. If the Enforcement Section disputes any report by the City concerning violations and/or penalty computations, it shall notify the City in writing of this fact and the reasons for refusal to verify the report. The City and the Executive Director shall attempt to resolve any disputed issues on an informal basis. Should informal consultations fail to resolve the dispute, either party is entitled to a hearing before the Commission, after notice to the other party and to the Public Interest Advocate. Stipulated penalties shall be paid to "The General Revenue Fund of the State of Texas" , and payment shall be mailed to the Chief Fiscal Officer, Texas Water Commission, P. 0. Box 13087, Capitol Station, Austin, Texas 78711-3087, "Re: The city of Wylie Enforcement Order" , within thirty (30) days from the date on which the Commission verifies the penalty computation. 11. If an event occurs which causes or may cause a delay in compliance with any provisions of this Order, the City shall notify the Executive Director in writing within thirty (30) days of the date on which the City becomes aware of the occurrence of the event(s) , describing the cause(s) for the event(s) , the projected length of delay in compliance with any provisions of this Order and the reason(s) therefor, and the measure(s) taken or proposed to be taken by the City to minimize such delay and to achieve compliance as soon as possible. Copies of each report submitted to the Executive Director under this provision shall be provided, by separate cover, to the Texas Water Commission District 4 Office and the Enforcement Section of the Commission' s Water Quality Division within the same 30-day period. The Executive 5 Director shall review any report submitted under this provision and shall advise the City, in writing, within thirty (30) days from the date of receipt of such report, whether he has determined that the delay has been caused or will be caused by circumstances beyond the reasonable control of, and without the fault of the City, and whether he accepts any proposed revision(s) , including a summary of the Executive Director's reasons for any disapproval of the City' s report. By mutual agreement of the Executive Director and the City, either 30-day period may be extended. At the conclusion of the Executive Director's review: a. if the Executive Director and the City are in agreement that the cause(s) of the delay are not the fault of the City and, in the case of construction deadlines, that the revision(s) to any affected construction deadline(s) is justified, then the Executive Director and the City shall submit to the Commission, with notice to the Public Interest Advocate, a stipulation for appropriate revision(s) of the affected provision of this Order and a stipulation that no penalties shall be assessed for failure to comply with such performance deadline(s) for the Commission' s review and approval; or b. if the Executive Director and the City fail to reach agreement as to either the cause(s) for delay in compliance with any provision(s) of this Order or the appropriate revision(s) to any provision(s) of this Order, then the City shall, within thirty (30) days of the date on which the City receives notice of the Executive Director's decision, including a written statement of the reason(s) for the Executive Director's decision, and with notice to the Executive Director and the Public Interest Advocate, petition the Commission for appropriate relief. XII. Notice is hereby given to the City of the issuance of the Preliminary Report, Petition and proposed Order. The City has the right to request an evidentiary hearing with regard to the occurrence of the violations, the amount of the penalty, and the terms of the proposed Order. Such request must be in writing and must be filed with the Commission not later than the twentieth (20th) day after the date this notice is received by the City. In the event the City determines to contest any matter raised in the Executive Director's Preliminary Enforcement Report and/or Petition, the City shall specifically admit or deny each fact raised in the Executive Director' s Preliminary Enforcement Report, and shall affirmatively allege all defenses, claims or mitigating 6 factors which the City intends to raise at an evidentiary hearing, as required under 31 Texas Administrative Code 5337. 38(c) . In the alternative, the City is advised that it may file a written consent to the Executive Director' s Report and recommended penalty, Petition and proposed Order. XIII. In the event the City fails to timely respond to the notice of Executive Director's Preliminary Enforcement Report and Petition, the Commission, by order, will either assess the requested penalty and enter the proposed Order or set a hearing pursuant to 526.136(g) of the Code. WHEREFORE, PREMISES CONSIDERED, the Executive Director respectfully requests that the Commission approve the Enforcement Report, assess the penalties recommended therein, adopt the proposed Order, and grant such further relief as is appropriate to effectuate the purposes of Chapter 26 of the Texas Water Code. Respectfully submitted, TEXAS WATER COMMISSION Allen Beinke Executive Director Jim Haley, Director Legal Division by /C1;frt Sii LA/t► Robin Smith Staff Attorney Legal Division (512) 463-8069 7 EXHIBIT A 0 PERMIT NO. 10384-01 (corresponds to NPDES PERMIT NO. TX0025950) TEXAS WATER COMMISSION This permit supersedes and replaces Permit No. 10384-01, approved October 1, 1979 Stephen F. Austin State Office Building 1700 N. Congress Ave. Austin, Texas 78711 PERMIT TO DISPOSE OF WASTES under provisions of Chapter 26 of the Texas Water Code City of Wylie whose mailing address is P.O. Box 428 Wylie, Texas 75098 is authorized to treat and dispose of wastes from the wastewater treatment facilities located south of State Highway 78 and west of Birmingham Street in the southwestern section of the City of Wylie in Collin County, Texas to an unnamed tributary adjacent to the plant site; thence to Muddy Creek; thence to Lake Ray Hubbard in Segment No. 0820 of the Trinity River Basin only in accordance with effluent limitations, monitoring requirements and other conditions set forth herein, as well as the rules of the Texas Water Commission ("Commission'), the laws of the State of Texas, and other orders of the Commission. The issuance of this permit does not grant to the permittee the right to use private or public property for conveyance of wastewater along the herein described discharge route. This includes property belonging to but not limited to any individual , partnership, corporation or other entity. Neither does this permit authorize any invasion of personal rights nor any violation of federal , state, or local laws or regulations. It is the responsibility of the permittee to acquire property rights as may be necessary to use the herein described discharge route. This permit and the authorization contained herein shall expire at midnight, five years after the date of Commission approval . APPROVED, ISSUED AND EFFECTIVE this 15th day of December 19 87 ATTEST: (,(�fJ J ,qi4.6 .20/ 04(4,1 /i,„ a - For the Commiss' n INTERIM EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Outfall Number 001 • a 1 . During the period beginning upon the date of issuance and lasting through the completion of expansion of 2 m facilities, the permittee is authorized to discharge subject to the following effluent limitations: .c N The daily average flow of effluent shall not exceed 0.800 million gallons average discharge during any two-hour period (2-hour peak) exceed 1389 allons per minute nor shall the 9 per (gpm) . �c' . 'fo Effluent Characteristic Discharge Limitations Minimum Self-Monitoring Requirements Daily Avg 7-day Avg Daily Max Single Grab Report Daily Avg. & Daily Max. ,� mg/1 (lbs/day) mg/1 mg/1 mg/1 Measurement Frequency Sample Type Flow N/A N/A N/A N/A Continuous Totalizing meter Biochemical Oxygen Demand (5-day) 20 (133) 30 45 65 Once/week Composite Total Suspended Solids 20 (133) 30 45 65 Once/week Composite r 2. The effluent shall contain a chlorine residual of at least 1.0 mg/1 after a detention time of at least 20 minutes (based on peak flow), and shall be monitored daily by grab sample. An equivalent method of disinfection may be substituted only with prior approval of the Commission. 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored twice per month by grab sample. 4. There shall be no discharge of floating solids or visible foam in other than trace amounts and no discharge of visible oil . 5. Effluent monitoring samples shall be taken at the following location(s) : Following the final treatment unit. o � r 6. The effluent shall contain a minimum dissolved oxygen concentration of 2 mg/1 . 0 FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Outfall Number 001 -17 m 1 . During the period beginning upon the completion of expansion of facilities and lasting through the date of ;? No expiration, the permittee is authorized to discharge subject to the following effluent limitations: ' K The daily average flow of effluent shall not exceed 2.0 million gallons per day (MGD) ; nor shall the average* discharge during any two-hour period (2-hour peak) exceed 3472 gallons per minute (gpm) . ,2 m Effluent Characteristic Dischargq Limitations Minimum Self-Monitoring Reauirements Daily Avg 7-day Avg Daily Max Single Grab Report Daily Avg. & Daily Max. IP mg/l (lbs/day) mg/1 mg/1 mg/1 Measurement Frequency Sample Type Flow N/A N/A N/A N/A Continuous Totalizing meter Biochemical Oxygen Demand (5-day) 10 (167) 15 25 35 Twice/week Composite Total Suspended Solids 15 (250) 25 40 60 Twice/week Composite Ammonia Nitrogen 3 (50) 6 10 15 Twice/week Composite 2. The effluent shall contain a chlorine residual of at least 1.0 mg/1 after a detention time of at least 20 minutes (based on peak flow), and shall be monitored daily by grab sample. An equivalent method of disinfection may be substituted only with prior approval of the Commission. • 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored once per week by grab sample. 4. There shall be no discharge of floating solids or visible foam in other than trace amounts and no discharge of visible oil . 5. Effluent monitoring samples shall be taken at the following location(s) : following the final treatment unit. 6. The effluent shall contain a minimum dissolved oxygen concentration of 4 mg/1 . o - i 111/ DEFINITIONS AND STANDARD PERMIT CONDITIONS As required by Title 31 Texas Administrative Code (TAC) Chapter 305 certain regulations appear as standard conditions in waste discharge permits. All definitions contained in Section 26.001 of the Texas Water Cods shall apply to this permit and are incorporated herein by reference. Additional definitions of words or phrases used in this permit are as follows: 1. Flow Measurements a. Daily average flow - the arithmetic average of all determinations of the daily discharge within a period of one calendar month. The daily average flow determination shall consist of determinations made on at least four separate days. If instantaneous measurements are used to determine the daily discharge, the determination shall be the average of all instantaneous measurements taken during a 24-hour period or during the period of daily discharge if less than 24 hours. b. Instantaneous flow - the measured flow during the minimum time required to operate the flow measuring device. c. 2-hour peak - the maximum flow sustained for a two hour period during the period of daily discharge. Multiple measurements of instantaneous maxissa flow within a two-hour period may be compared to the permitted 2-hour peak flow. d. Daily maximum flow - the highest total flow permitted for a 24-hour period. 2. Concentration Measurements a. Daily average concentration - the arithmetic average weighted by flow value of all effluent samples, composite or grab, within a period of one calendar month, consisting of at least four separate representative measurements. When four samples are not available in a calendar month, the arithmetic average (weighted by flow) of all values in the previous four consecutive month period consisting of at least four measurements shall be utilized as the daily average concentration. b. 7-day average concentration - the arithmetic average of all effluent samples, composite or grab, within a period of one calendar week, consisting of at least three separate measurements. c. Daily maximum concentration - the maximum concentration measured on a single day (by composite sample). d. Fecal Coliform bacteria-the number of colonies per 100 milliliters effluent. 3. Sample Type a. Composite sample - a sample made up of a minimum of three effluent portions collected in a continuous 24-hour period or during the period of daily discharge if less than 24 hours, and combined in volumes proportional to flow collected no closer than two hours; or a sample continuously collected, proportional to flow, in a continuous 24-hour period or during the period of daily discharge if less than 24 hours. b. Grab sample - an individual sample collected in less than 15 minutes. 4. Permitted Facility (facility) - Wastewater facilities used in the conveyance, storage, treatment, recycling, reclamation and/or disposal of municipal sewage, industrial wastes, agricultural wastes, recreational wastes or other wastes including sludge handling or disposal facilities under the jurisdiction of the Commission. 5. The term "sewage sludge" shall mean the solids and precipitates separated from wastewater by unit processes. MON1TORiNG AND REPORTING 1. Self-Reporting 31 TAC 5305.125(17) Monitoring results shall be provided at the intervals specified in the permit. Unless otherwise specified in this permit or otherwise ordered by the Commission, the permittee shall conduct effluent sampling and reporting in accordance with 31 TAC 15319.4-319.7. Unless otherwise specified, a monthly effluent report must be submitted each month by the 20th day of the following month for each discharge which is described by this permit whether or not a discharge is made for that month. Knowingly making any false statement on any such report may result in the imposition of criminal and/or civil penalties as provided by State law. Page 3 TWC 2/87 �a • I i 2. Teat Procedures • Test procedures for the analysis of pollutants shall comply with procedures specified in 31 TAC ;1319.10-319.11. Measurements, tests, and calculations shall be accurately accomplished in a representative manner. 3. Records of Results 11 TA(: S;OS.125(l1) Monitoring and reporting requirements are as follows: (a) Monitoring samples and measurements shall be taken at times and in a manner so as to be representative of the monitored activity. (b) Monitoring and reporting records, including strip charts and records of calibration and maintenance, copies of all records required by the permit shall be retained at the facility site for a period of three years from the date of the record or sample, measurement, report, or certification. This period may be extended at the request of the executive director. (c) Records of monitoring activities shall include the following: (i ) date, time and place of sample or measurement; (ii ) identity of individual who collected the sample or made the measurement; (iii) date of analysis; (iv ) identity of the individual and laboratory who performed the analysis; (v ) the technique or method of analysis; and (vi ) the results of the analysis or measurement. The period during which records are required to be kept shall be automatically extended to and through the final disposition of any administrative or judicial enforcement action that may be instituted against the permittee. 4. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit using approved analytical methods as specified above, the results of such monitoring that indicate permit noncompliance shall be included in the calculation and reporting of the value submitted on the required monthly effluent report. Increased frequency of sampling shall be indicated on the report. 5. Calibration of Instruments All automatic flow measuring and/or recording devices and/or totalizing meters for measuring permit limited flows shall be accurately calibrated by a trained person at plant startup and as often thereafter as necessary to ensure accuracy, but not less often than annually unless authorized by the Executive Director for a longer period. Such person shall certify in writing that the device is operating properly and giving accurate results. Copies of the certification shall be kept at the plant site for at least three years. 6. Compliance Schedule Reports 31 TAC S305.125(18) Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of the permit shall be submitted no later than 14 days following each schedule date, unless otherwise specified by the Commission. 7. Noncompliance Notification a. 31 TAC ;305.125(9) Unless specified otherwise, the permittee shall report any noncompliance to the executive director which may endanger human health or safety, or the environment. Report of such information shall be provided orally within 24 hours from the time the permittee becomes aware of the noncompliance. A written submission of such information shall also be provided within five working days of the time the permittee becomes aware of the noncompliance. The written submission shall contain a description of the noncompliance and its cause; the potential danger to human health or safety, or the environment; the period of noncompliance, including exact dates and times; if the noncompliance has not been corrected, the anticipated time it is expected to continue; and, steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance, and to mitigate its adverse effects. b. Any noncompliance exceeding 40% of the permitted effluent limitation shall be reported to the District Office within 5 working days of becoming aware of the condition. c. 31 TAC 5305.125(12) Any noncompliance other than that specified in this section, or any required information not submitted or submitted incorrectly, shall be reported to the Executive Director as promptly as possible. 8. Signatories To Reports 31 TAC S305.125(14) All reports and other information required herein or otherwise requested by the executive director shall be signed by the person and in the manner required by 31 TAC 005.128 (relating to Signatories to Reports). Page 4 TUC 2/87 � � • i rpm amnion 1. General a. 31 TAC 1305.125(19) Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in an application or in any report to the executive director, it shall promptly submit such facts or information. b. This permit is granted on the basis of the information supplied and representations made by the permittee in the course of the application process and in reliance upon the accuracy and completeness of that information and those representations. After notice and opportunity for a for hearing, tthincluding,s but may be modified, suspended, or revoked, in whole or in part, during its term cause but not limited to, the following: (i) Violation of any terms or conditions of this permit; (ii) Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or (iii) A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. c. 31 TAC §305.125(6) The permittee shall furnish to the executive director, upon request and within a reasonable time, any information to determine whether cause exists for amending, revoking or, suspending the permit. The permittee shall also furnish to the executive director, upon request, copies of records required to be kept by the permit. 2. Compliance a. 31 TAC §305.124 Acceptance of the permit by the person to whom it is issued constitutes an acknowledgement and agreement that such person will comply with all the terms and conditions embodied in the permit, and the rules and other orders of the commission. b. 31 TAC §305.125(1) The permittee has a duty to comply with all conditions of the permit. Failure to comply with any permit condition constitutes a violation of the permit and the Texas Water Code or the Texas Solid Waste Disposal Act, and is grounds for enforcement action, for permit amendment, revocation or suspension, and/or for denial of a permit renewal application or of an application for a permit for another facility. c. 31 TAC ;305.125(3) It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit. d. 31 TAC §305.125(4) The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the permit and shall carry out such measures as are reasonable to prevent signficant adverse impacts on human health or the environment. e. 31 TAC 1305.125(8) Authorization from the commission is required before beginning any change in the permitted facility or activity that would result in noncompliance with other permit requirements. f. 31 TAC §305.125(15) A permit may be amended, suspended and reissued, or revoked for cause. The filing of a request by the permittee for a permit amendment, suspension and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. g. Any act required by this permit to be accomplished by the permittee on or by a described or specified date shall be done on or before that date. If the act is not done on or before that date, a new obligation to do the act shall arise on each succeeding calendar day until the act is done. 3. Inspections and Entry a. 31 TAC 1305.125(10) Inspection and entry shall be allowed as prescribed in the Texas Water Code, Chapters 26, 27 and 28, and the Texas Solid Waste Disposal Act, Texas Civil Statutes, Article 4477-7, ;7. b. As a condition to issuance of this permit, the permittee expressly consents to announced and unannounced inspections of the permitted facility by TWC employees or agents exhibiting proper credentials. The permittee is also hereby notified that the State and/or local governments specifically reserve all rights of entry and inspection granted them by law, including, but not limited to, the rights: (i) At any reasonable times to enter upon the permittee's premises or other premises under the control of the permittee, where an effluent source is located or in which any records are required to be kept under the term and conditions of this permit; TWC 2/87 • • 1 (ii) At any reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; (iii) To inspect any monitoring equipment or monitoring method required in this permit; (iv) To sample any discharge; and (v) To perform an enforcement and/or operation and maintenance inspection of the permittee's facility. 4. Permit Amendment a. 31 TAC §305.125(7) The permittee shall give notice to the executive director prior to physical alterations or additions to the permitted facility if such alterations or additions would require a permit amendment or result in a violation of permit requirements. b. Prior to any facility modifications, additions and/or expansions of a permitted facility that will increase the plant capacity beyond the permitted flow, the permittee must apply for and obtain proper authorization from the Commission before commencing construction. c. 31 TAC 5305.125(2) The permittee must apply for an amendment or renewal prior to expiration of the existing permit in order to continue a permitted activity after the expiration date of the permit. Authorization to continue such activity will terminate upon the effective denial of said application. d. Prior to accepting wastes which are not described in the permit application or which would result in a significant change in the quantity or quality of the existing discharge, the permittee must report the proposed changes to the Commission. The permittee must apply for a permit amendment reflecting any necessary changes in permit conditions, including effluent limitations for pollutants not identified and limited by this permit. In no case are any new connections, increased flow or significant changes in influent quality authorized that will cause violation of the effluent limitations specified by this permit. e. By accepting this permit, permittee accepts the Commission's authority to amend the permit to require the system covered by this permit to be modified. Such amendments may be made when changes required are advisable for consideration of regional treatment and/or water quality control purposes and are feasible on the basis of waste treatment technology, engineering, financial, and related considerations existing at the time the changes are required, exclusive of the loss of investment in or revenues from any of the existing or proposed waste collection, treatment or disposal systems. 5. Permit Transfer a. Prior to any transfer of this permit or change in control or ownership of facilities authorized by this permit, Commission approval must be obtained authorizing such transfer or change. b. 31 TAC §305.125(13) A permit may be transferred only according to the provisions of 31 TAC §305.64 (relating to Transfer of Permits) and 31 TAC 305.97 (relating to Action on Application for Transfer). 6. Relationship to Hazardous Waste Activities This permit does not authorize any activity of hazardous solid waste storage, processing, or disposal which requires a permit or other authorization pursuant to the Texas Solid Waste Disposal Act, Article 4477-7, Vernon's Annotated Texas Civil Statutes. 7. Relationship to Water Rights Disposal of treated effluent by any means other than discharge directly to the waters in the state must be specifically authorized in this permit and may require a water rights permit pursuant to Chapter 11 of the Texas Water Code. 8. Property Rights 31 TAC S305.125(16) A permit does not convey any property rights of any sort, or any exclusive privilege. 9. Documentation For all notifications to the Commission required of the permittee by this permit, the permittee shall keep and make available a copy of each such notification, upon the same basis as self-monitoring data are required to be kept and made available. 10. Plans and Specifications Approval The plans and specifications for domestic sewage collection and treatment works associated with the discharge authorized by this permit must be approved pursuant to State law, and failure to secure approval before commencing construction of such works or making a discharge therefrom is a violation of this permit and each day of discharge is an additional violation until approval has been secured. Page 6 TWC 2/87 I 11. Permit Enforceability • ihe conditions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circnastances, is held invalid, the application of such, provision to other circumstances, and the remainder of this permit, shall not be affected thereby. (*V ATTOIAi. MDWIRIMENT4 1. 31 TAC S3O5.125(S) The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate maintenance of equipment, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. 2. Unless otherwise specified in this permit or otherwise ordered by the Commission, the permittee shall comply with all provisions of 31 tM ;;319.21 - 319.29 concerning the discharge of certain hazardous metals, and upon request of the executive director, the permittee shall take samples of the final effluent and provide proper anlaysis of such samples in order to demonstrate compliance with these rules. 3. The permittee shall notify the Executive Director of the Commission at least 90 days prior to conducting any activity of closure of any pit, pond, lagoon, or surface impoundment regulated by this permit. 4. The permittee is responsible for installing prior to plant startup, and subsequently maintaining, adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical power failures by means of alternate power sources, standby generators, and/or retention of inadequately treated wastewater. 5. Unless otherwise specified, the permittee shall provide a readily accessible sampling point and, where applicable, an effluent flow measuring device or a means by which effluent flow may be determined based upon influent measuring. 6. 31 TAC 5305.126 whenever flow measurements for any domestic sewage treatment facility reach 75 percent of the permitted average daily flow for three consecutive months, the permittee must initiate engineering and financial planning for expansion and/or upgrading of the domestic wastewater treatment and/or collection facilities. Whenever, the average daily flow reaches 90 percent of the permitted average daily flow for three consecutive months, the permittee shall obtain necessary authorization from the Commission to commence construction of the necessary additional treatment facilities. In the case of a domestic wastewater treatment facility which reaches 75 percent of the permitted daily average flow for three consecutive months, and the planned population to be served is not expected to exceed the design limitations of the treatment facility, the permittee shall submit an engineering report supporting this claim to the Executive Director of the Commission. If in the judgment of the Executive Director the population to be served will not cause permit noncompliance, then the requirement of this section may be waived. To be effective, any waiver must be in writing and signed by the Executive Director or his or her designee, and such waiver of these requirements will be reviewed upon expiration of the existing permit. However, any such waiver shall not be interpreted as condoning or excusing any violation of any permit parameter. 7. Sewage treatment plants shall be operated and maintained by a sewage plant operator holding a valid certificate of competency. Page 7 TWC 2/87 40. • . i • City of Wylie 10384-01 OTHER REOUIREMENTS 1. The permittee shall immediately notify the Austin Office and the District 4 Office of the Texas Water Commission in writing upon completion of the new facilities. 2. The sludge from the treatment process shall be disposed of in accordance with all the applicable rules of the Texas Department of Health. The permittee shall ensure that the disposal of sludge does not cause any contamination of the ground or surface waters in the State. The permittee shall keep records of all sludges removed from the wastewater treatment plant site. Such records will include the following information: a. Volume of sludge disposed b. Date of disposal c. Identity of hauler d. Location of disposal site e. Method of final disposal The above records shall be maintained on a monthly basis and be available at the plant site for inspection by authorized representatives of the Commission for at least three years. 3. The permittee shall remit an annual waste treatment inspection fee to the Commission as required by 31 TAC 305 (Subchapter M) . Failure to pay this fee may result in revocation of this permit. • Page 8 EXHIBIT B Texas Water Commission INTEROFFICE MEMORANDUM TO Texas Water Commission DATE: March 29, 1989 THRU FROM Allen Beinke, Executive Director SUBJECT: Preliminary Enforcement Report; The City of Wylie, Permit Number 10384 Attached for your consideration is the Executive Director's Preliminary Enforcement Report for the City of Wylie. I. Summary of Noncompliances The City of Wylie violated requirement 2L of an existing Texas Water Commission (TWC) Order issued June 24, 1987. The City of Wylie submitted a preliminary report that outlined a schedule for collection system repairs. The preliminary report was submitted within the deadline; however, the City informed the staff of the TWC that the report was a tentative submission and conditional until approved by the City Council. The City Council did not approve the report, and requested that it be withdrawn. Therefore, the City failed to have a report on file pursuant to requirement 2L of the Order. II. Summary of Penalties This Order shall supersede the existing Order that was signed on June 24, 1987. The staff of the Texas Water Commission Water Quality Division recommends that the calculated penalty of $4,160 be assessed for the violations cited in this report. III. Technical Recommendations The City of Wylie shall be ordered to: 1. Pay stipulated administrative penalties for failure to cease the pump-and-haul program. Pumping and/or hauling sewage at any time during the month, and from any point in the City shall result in a violation of this requirement. The penalties shall be in accordance with the following schedule: Time Penalty per month Jan. 1 , 1990 through Dec. 31 , 1990 $500 Dec. 31, 1990 through Dec. 31 , 1991 $1 , 000; The City of Wylie - IOM Page 2 2. Pay stipulated administrative penalties for each bypassing event within the collection system in accordance with the following schedule: Time Penalty per event Signature of Order through Dec. 31 , 1989 $100 January 1 , 1990 through December 31 , 1990 $1,900 January 1, 1991 through December 31 , 1991 $2,900 3. Commencing from the date on which the second TWC Order is signed, the City shall prepare quarterly reports that identify any violations of the second Order and the appropriate penalty. The first report shall be submitted by July 30 , 1989 and will cover the period from the date the second Order is signed through June 30 , 1989. Subsequent quarterly reports shall be submitted on the 30th day following the end of each calendar quarter. The quarterly reports shall summarize the efforts put forth by the City to comply with the second Order and the status of construction for the necessary improvements. In addition, the reports shall contain the number of connections added to the system per month, and industry' s compliance with the permittee' s Industrial Waste Ordinance. Any stipulated penalties shall be submitted within 45 days from the end of each calendar quarter; 4. The permittee shall, at all times, enforce its Industrial Waste Ordinance. During the pendency of a Commission Order, the permittee shall document the dates of inspection of industrial facilities, the findings of such inspections, and the actions of the permittee resulting from such inspections; 5. The permittee shall, by no later than September 1, 1989, have completed construction, and placed in service, the expanded wastewater treatment plant. Should this September 1, 1989 deadline not be met, the permittee shall pay stipulated penalties for each day following the permittee's failure to comply with the deadline specified herein, according to the following schedule: (i) 1st through 29th day: $125. 00 per day; (ii) 30th through 59th day: $250. 00 per day; (iii) 60th through 119th day: $350. 00 per day; (iv) each day following the 119th day: $500. 00 per day; 6. The permittee shall modify the construction schedule to allow any unit which will provide improved interim treatment to be available for beneficial use on a priority basis; The City of Wylie - IOM Page 3 7. Commencing with the issuance of a Commission Order and continuing through completion of construction of the expanded wastewater treatment plant, the permittee shall pay stipulated administrative penalties of $0.07 for each pound of BOD in excess of 150 lb/day daily average and $0. 05 for each pound of TSS in excess of 150 lb/day daily average for each day of violation; 8. Commencing from the date on which this Order becomes final, the permittee shall prepare a quarterly report setting forth the thirty-day average effluent values for BOD and TSS for the facility for which stipulated penalties are provided under the previous provision of this Order during the period covered in the quarterly report and identifying any violations as provided herein (5 and 7) and calculating the penalties that the permittee is required to pay under the provisions of this Order for such violations. The stipulated penalties for violations of BOD thirty-day average pollutant loading and TSS thirty-day average pollutant loading shall be computed on the basis of [ (thirty-day average concentration of BOD5/TSS (mg/1) ) x (8. 34) x (thirty-day average flow (MGD) - (150 lb/day daily average) ) ($0. per pound) x (number of days in month) . Reports shall be submitted no later than thirty (30) days following each quarterly reporting period to the Enforcement Section of the Commission' s Water Quality Division. 9. If an event occurs which causes or may cause a delay in compliance with any provisions of this Order, the City shall notify the Executive Director in writing within thirty (30) days of the date on which the City becomes aware of the occurrence of the event (s) , describing the cause (s) for the event (s) , the projected length of delay in compliance with any provisions of this Order and the reason(s) therefor, and the measure (s) taken or proposed to be taken by the City to minimize such delay and to achieve compliance as soon as possible. Copies of each report submitted to the Executive Director under this provision shall be provided, by separate cover, to the Texas Water Commission District 4 Office and the Enforcement Section of the Commission' s Water Quality Division within the same 30-day period. The Executive Director shall review any report submitted under this provision and shall advise the City, in writing, within thirty (30) days from the date of receipt of such report, whether he has determined that the delay has been caused or will be caused by circumstances beyond the reasonable control of, and without the fault of the City, and whether he accepts any proposed revision(s) , including a summary of the Executive Director' s reasons The City of Wylie - IOM Page 4 for any disapproval of the City' s report. By mutual agreement of the Executive Director and the City, either 30-day period may be extended. At the conclusion of the Executive Director' s review: a. if the Executive Director and the City are in agreement that the cause (s) of the delay are not the fault of the City and, in the case of construction deadlines, that the revision (s) to any affected construction deadline (s) is justified, then the Executive Director and the City shall submit to the Commission, with notice to the Public Interest Advocate, a stipulation for appropriate revision(s) of the affected provision of this Order and a stiulation that no penalties shall be assessed for failure to comply with such performance deadline (s) for the Commission' s review and approval; or b. if the Executive Director and the City fail to reach agreement as to either the cause (s) for delay in compliance with any provision (s) of this Order or the appropriate revision(s) to any provision(s) of this Order, then the City shall, within thirty (30) days of the date on which the City receives notice of the Executive Director's decision, including a written statement of the reason (s) for the Executive Director' s decision, and with notice to the Executive Director and the Public Interest Advocate, petition the Commission for appropriate relief. 10. This Order shall terminate December 31 , 1991 . 0100A4.,1110) Allen Beinke Attachment EXECUTIVE DIRECTOR'S NONCOMPLIANCE REPORT TO THE COMMISSION Permittee: City of Wylie 108 S. Jackson Street Wylie, Texas 75098 Permit Number: 10384-01 Citation of Noncompliance: Texas Water Code Section 26.121 Description of Noncompliance: The City of Wylie violated requirement 2L of an existing Texas Water Commission (TWC) Order issued June 24, 1987 . The City of Wylie submitted a preliminary report that outlined a schedule for collection system repairs. The preliminary report was submitted within the deadline; however, the City informed the staff of the TWC that the report was a tentative submission and conditional until approved by the City Council. The City Council did not approve the report, and requested that it be withdrawn. Therefore, the City failed to have a report on file pursuant to requirement 2L of the Order. Permit Limits: Daily Average Daily Maximum Single Grab Limit Limit Parameters Sample Limits ( 30-day Average) ( 24-hr. Composite) Flow (MGD) - 0. 8 - BOD5 (mg/1) 65 20 45 TSS (mg/1) 65 20 45 Cl2 (mg/1) 1.0 minimum - - pH (s.u. ) 6.0 - 9.0 6.0 - 9.0- The effluent shall have a minimum dissolved oxygen (D.O. ) concentration of 2 mg/1. - 'The average discharge during any two-hour period ( 2-hour peak) shall not exceed 1389 gpm. Abbreviations: BOD5 - five-day Biochemical Oxygen Demand TSS - Total Suspended Solids Cl2 - Chlorine Residual MGD - million gallons per day mg/1 - milligrams per liter gpm - gallons per minute Permit Expiration Date: December 15, 1992 Receiving Stream: The effluent outfall 001 is located in an unnamed tributary of Muddy Creek; which drains in Muddy Creek thence into Lake Ray Hubbard in Segment No. 0820 of the Trinity River Basin. The designated uses of this segment according to the April, 1988 Texas Surface Water Quality Standards are contact recreation, high quality aquatic habitat, and public water supply. The metabolic activity of the large algal populations, as a result of high nutrient levels found in this segment, cause periodic depressed dissolved oxygen levels (from Texas Water Commission Publication LP 86-07, The State of Texas Water Quality Inventory, 8th Ed. , 1986) . Description of Treatment System: The existing City of Wylie Wastewater Treatment Plant (WWTP) is an activated sludge, extended aeration system consisting of a lift station, comminutor, oxidation ditch, final clarifier, chlorination facilities, and sludge drying beds. Any raw wastewater bypassing the plant during emergencies receives chlorination prior to discharge. I. Summary of Woncompliances and Associated Penalties A. Penalty Violation Recommended Failure to comply with $4,160 requirement 2L of the TWC Order dated June 24, 1987 . B. Discussion: The City of Wylie WWTP is located south of State Highway 78 and west of Birmingham Street, in the southwestern section of Wylie in Collin County. The facility discharges into an unnamed tributary of Muddy Creek; which drains into Muddy Creek thence into Lake Ray Hubbard in Segment No. 0820 of the Trinity River Basin. The facility serves the residents of the City of Wylie, with a population of approximately 7,200 people and three industries. The City of Wylie is currently under a TWC Order dated June 24, 1987 for noncompliant TSS discharges in April and June of 1986. A penalty of $7,500 was assessed for the violations. The Order also required the City of Wylie to enforce its Industrial Waste Ordinance, submit a sludge management plan, evaluate the existing treatment plant and collection system, initiate and complete construction of plant expansion, and submit a plan for review and approval that would provide the necessary collection system additions necessary to eliminate the pump-and-haul program. Stipulated penalties were tied to compliance with construction schedules, bypass events from the collection system, and effluent violations for loading parameters. The existing Order also required the submission of quarterly reports outlining compliance with the Order, the effluent quality, and any stipulated penalties that were necessary. I ( There are currently )11 to -46 small lift stations throughout the City of Wylie. The City allowed development to occur and continue in areas where there was not a receiving sewer line within a reasonable distance. This policy resulted in the mobile sewage collection system which requires the pump-and-haul program that is currently in effect. The system depends on a vehicular mounted vacuum tank into which the collected sewage from these developments is loaded and transported to a point within the existing infrastructure which can transport the sewage to the treatment plant by gravity flow. The City agrees that this is an unreliable system; however, it has failed to attain the funding necessary to resolve the problems. On February 2, 1987 the City of Wylie requested permission from the Texas Department of Health to pump-and-haul sewage from new subdivisions, businesses, or residences on a temporary basis until a more permanent sewage conveyance system could be constructed. On March 20, 1987, and on March 24 1987 the Texas Department of Health sent letters of approval to the City of Wylie. The approval letters incorporated numerous requirements. The following requirements were not, and still are not being met: 1. Stored sewage must be kept in an aerobic condition with the dissolved oxygen maintained at a minimum of 1 . 0 mg/1. 2. Sewage hauling shall not be approved after March 20, 1988. 3. The holding tanks shall be fenced with controlled access. 4. Dual holding tanks shall be provided at each site, each tank sized for 24-hour storage. 5. Holding tanks shall have a high water alarm system with automatic switch-over to the spare tank. 6. The maximum volume of wastewater to be hauled shall not exceed 9,000 gallons per day. On October 20, 1988 the City of Wylie requested an extension of the pump-and-haul program. On November 10, 1988 the Texas Department of Health approved the extension with the same conditions. From May 1988 to the present at least 10,000 gallons per day (average) have been hauled in the City of Wylie. No records are maintained as to the dissolved oxygen level of the raw sewage, the holding tanks are not fenced, dual holding tanks are not provided, and no high water alarm system is operable. Item 2.L. of the existing TWC Order, issued on June 24, 1987 required the City of Wylie to ". . .within 210 days of the issuance of this Commission Order, submit to the Executive Director of the Commission for review and approval a prioritized schedule outlining planned collection system repairs and improvements in the City of Wylie' s collection system. Upon approval by the Executive Director this schedule shall become part of this Order" . As a result of this requirement the City of Wylie was required to submit a schedule by January 20, 1988. A preliminary report and schedule was submitted by the City of Wylie for the wastewater system improvements on January 5, 1988. The preliminary report was submitted within the deadline; however, the City informed the staff of the TWC that the report was a tentative submission and conditional until approved by the City Council. The City Council did not approve the report, and requested that it be withdrawn. Therefore, the City failed to have a report on file pursuant to requirement 2L of the Order. The conditional schedule was as follows: Schedule A: Design & Right Of Way "Steaks over Texas" Area Acquisition Steel Rd./Regency Park Area Begin -Mar. 1, 1988 Century Business Park Lift Sta. Complete-Aug. 1, 1988 Steel Road Area Gravity System Construction Advertise-Aug. 1, 1988 Award -Nov. 1, 1988 Completion-May 1, 1989 Schedule B: Design & R.O.W. Park Lift Station Acquisition Southfork M.H. Begin -Mar. 1, 1988 Park Lift Sta. Complete -Aug. 1, 1988 Infrastructure Parallel System Construction Advertise-Aug. 1, 1988 Award -Nov. 1, 1988 Beg. Const-Feb 1, 1989 Complete -Oct. 1, 1989 Schedule C: Design & R.O.W. Presidential Estates Acquisition Newport Harbor Begin -Mar. 1, 1988 Complete -Aug. 1, 1988 Construction Advertise-Aug. 1, 1988 Award -Nov. 1, 1988 Beg. Const-Jun 1, 1989 Completion-Jan 1, 1990 On December 20, 1988 the staff of the TWC met with the City of Wylie regarding the violations of the existing Order. The City informed the TWC that there still was not an approved plan. The staff of the TWC stressed that a deadline of January 1, 1990 for completion of all projects was going to be maintained by the TWC. Several options were discussed to alleviate the pump-and-haul program within the January 1, 1990 deadline. On January 18, 1989, almost one year late, the City of Wylie submitted a plan that had been approved by the City Council with a schedule as follows: Jan. 20, 1989 Submit Report & Construction Schedule to the TWC Enforcement Section. March 1, 1989 Submit Construction Plans for Review to the TWC Enforcement Section & Texas Water Development Board. Begin Right of Way Acquisition. June 22, 1989 Advertise for bids on Project. July 11, 1989 Open Bids for Project. July 27, 1989 Award Bid Contingent upon Texas Water Development Board Approval. August, 1989 Texas Water Development Board Approval. Notice to proceed issued. Sept. 7 , 1989 Pre-Construction Meeting. Sept. 11, 1989 Begin Construction. March 31, 1990 Steel Road Extension and Highway 78 Sewer Substantially Complete. Dec. 31, 1990 Balance of Project Substantially Complete. On February 1, 1989 plans and specifications were submitted to the Plans & Specifications Review Section of the TWC. The plans were for Phase I and included construction of a new lift station, 2,298 feet of 8-inch force main, and 652 feet of 36-inch gravity main. Construction of these improvements was completed prior to submission of the plans for approval by the TWC. Since the original Order was issued on June 24, 1987 at least seven bypasses have occurred from various lift stations and force mains within the collection system. The bypasses were covered by stipulated penalties in the first Order and the City of Wylie has paid $700 for those seven bypasses. The existing collection system is inadequate to meet the needs of the City, and the existing pump-and-haul program was only intended as a short-term solution to the problem. II. Technical Recommendations The City of Wylie shall be ordered to: 1. Pay stipulated administrative penalties for failure to cease the pump-and-haul program. Pumping and/or hauling sewage at any time during the month, and from any point in the City shall result in a violation of this requirement. The penalties shall be in accordance with the following schedule: Time Penalty per month Jan. 1, 1990 through Dec. 31, 1990 $500 Dec. 31, 1990 through Dec. 31, 1991 $1,000; 2. Pay stipulated administrative penalties for each bypassing event within the collection system in accordance with the following schedule: Time Penalty per event Signature of Order through Dec. 31, 1989 $100 Jan. 1, 1990 through Dec. 31, 1990 $1,900 Jan. 1, 1991 through Dec. 31, 1991 $2,900 3. Commencing from the date on which the second TWC Order is signed, the City shall prepare quarterly reports that identify any violations of the second Order and the appropriate penalty. The first report shall be submitted by July 30, 1989 and will cover the period from the date the second Order is signed through June 30, 1989. Subsequent quarterly reports shall be submitted on the 30th day following the end of each calendar quarter. The quarterly reports shall summarize the efforts put forth by the City to comply with the second Order and the status of construction for the necessary improvements. In addition, the reports shall contain the number of connections added to the system per month, and industry's compliance with the permittee's Industrial Waste Ordinance. Any stipulated penalties shall be submitted within 45 days from the end of each calendar quarter; 4. The permittee shall, at all times, enforce its Industrial Waste Ordinance. During the pendency of a Commission Order, the permittee shall document the dates of inspection of industrial facilities, the findings of such inspections, and the actions of the permittee resulting from such inspections; 5. The permittee shall, by no later than September 1, 1989, have completed construction, and placed in service, the expanded wastewater treatment plant. Should this September 1, 1989 deadline not be met, the permittee shall pay stipulated penalties for each day following the permittee's failure to comply with the deadline specified herein, according to the following schedule: (i) 1st through 29th day: $125.00 per day; (ii) 30th through 59th day: $250.00 per day; (iii)60th through 119th day: $350.00 per day; (iv) each day following the 119th day: $500.00 per day; 6. The permittee shall modify the construction schedule to allow any unit which will provide improved interim treatment to be available for beneficial use on a priority basis; 7. Commencing with the issuance of a Commission Order and continuing through completion of construction of the expanded wastewater treatment plant, the permittee shall pay stipulated administrative penalties of $0. 07 for each pound of BOD in excess of 150 lb/day daily average and $0.05 for each pound of TSS in excess of 150 lb/day daily average for each day of violation; 8. Commencing from the date on which this Order becomes final, the permittee shall prepare a quarterly report setting forth the thirty-day average effluent values for BOD and TSS for the facility for which stipulated penalties are provided under the previous provision of this Order during the period covered in the quarterly report and identifying any violations as provided herein ( 5 and 7) and calculating the penalties that the permittee is required to pay under the provisions of this Order for such violations. The stipulated penalties for violations of BOD thirty-day average pollutant loading and TSS thirty-day average pollutant loading shall be computed on the basis of [ (thirty-day average concentration of BOD /TSS (mg/1) ) x (8. 34) x (thirty-day average flow (MGD) - (150 lb/day daily average) ] ($0. per pound) x (number of days in month) . Reports shall be submitted no later than thirty ( 30) days following each quarterly reporting period to the Enforcement Section of the Commission's Water Quality Division. 9. If an event occurs which causes or may cause a delay in compliance with any provisions of this Order, the City shall notify the Executive Director in writing within thirty (30) days of the date on which the City becomes aware of the occurrence of the event(s) , describing the cause(s) for the event(s) , the projected length of delay in compliance with any provisions of this Order and the reason(s) therefor, and the measure(s) taken or proposed to be taken by the City to minimize such delay and to achieve compliance as soon as possible. Copies of each report submitted to the Executive Director under this provision shall be provided, by separate cover, to the Texas Water Commission District 4 Office and the Enforcement Section of the Commission's Water Quality Division within the same 30-day period. The Executive Director shall review any report submitted under this provision and shall advise the City, in writing, within thirty ( 30) days from the date of receipt of such report, whether he has determined that the delay has been caused or will be caused by circumstances beyond the reasonable control of, and without the fault of the City, and whether he accepts any proposed revision(s) , including a summary of the Executive Director's reasons for any disapproval of the City's report. By mutual agreement of the Executive Director and the City, either 30-day period may be extended. At the conclusion of the Executive Director's review: a. if the Executive Director and the City are in agreement that the cause(s) of the delay are not the fault of the City and, in the case of construction deadlines, that the revision(s) to any affected construction deadline(s) is justified, then the Executive Director and the City shall submit to the Commission, with notice to the Public Interest Advocate, a stipulation for appropriate revision(s) of the affected provision of this Order and a stipulation that no penalties shall be assessed for failure to comply with such performance deadline(s) for the Commission' s review and approval; or b. if the Executive Director and the City fail to reach agreement as to either the cause(s) for delay in compliance with any provision(s) of this Order or the appropriate revision(s) to any provision(s) of this Order, then the City shall, within thirty (30) days of the date on which the City receives notice of the Executive Director's decision, including a written statement of the reason(s) for the Executive Director's decision, and with notice to the Executive Director and the Public Interest Advocate, petition the Commission for appropriate relief. 10. This Order shall terminate December 31, 1991. III. Other Recommendations This Order shall supersede the existing Order that was signed on June 24, 1987. The staff of the Texas Water Commission Water Quality Division recommends that the calculated penalty of $4,160 be assessed for the violations cited in this report. Prepared by: Hank Smith Wastewater Enforcement Section Water Quality Division Investigated by: Forrest John TWC District 4 Office Field Operations Division Date: February 14, 1989 PENALTY COMPUTATION TICEMSHEET Permittee: City of Wylie 108 S. Jackson Street Wylie, Texas 75098 Permit Number: 10384-01 Citation of Noncompliance: Texas Water Code Section 26.121 Description of Noncompliance: The City of Wylie violated requirement 2L of an existing Texas Water Commission (TWC) Order issued June 24, 1987 . The City of Wylie submitted a preliminary report that outlined a schedule for collection system repairs. The preliminary report was submitted within the deadline; however, the City informed the staff of the TWC that the report was a tentative submission and conditional until approved by the City Council. The City Council did not approve the report, and requested that it be withdrawn. Therefore, the City failed to have a report on file pursuant to requirement 2L of the Order. Part I - Recommended Penalty Range Based on Violation 1. Level of Extent & Gravity of Violation: Major 2. Level of Impact or Hazard of Violation: Moderate Recommended Penalty Range: $3,200 to $4,399 Justification: The extent and gravity of the violation is major since the City of Wylie has not complied with the terms of the agreed Order. The City has failed to comply with the terms of the Order, the agreement with the Texas Department of Health, and have not made satisfactory attempts to implement a program that would resolve the noncompliance. The impact or hazard of the violation is moderate since it represents a potential for a measurable impact on the water course, public health and the environment. Failure to submit and implement a plan and schedule has resulted in continued bypasses in residential areas which are a health hazard. Part II - Penalty Range Adjustments 1. History of Noncompliance (upward adjustment of 20%) : Justification: The City of Wylie was informed by the Texas Department of Health and the Texas Water Commission that the pump-and-haul program could only be a temporary solution. As such, this method of sewage transport was initially granted on the basis, and with the understanding, that a permanent solution would be initiated as soon as possible (the City of Wylie began the pump-and-haul program on March 24, 1987) . A permanent solution was addressed and agreed upon in the June 24, 1987 Agreed Order. When the City Council failed to approve the program that represented the permanent solution to the problems plaguing the City, and failed to approve two other programs subsequent to that first program, the City violated provision 2L of the Agreed Order, violated the intent of the Order, and allowed the noncompliances and bypasses to continue that brought about the need for further enforcement action. By failing to approve the plan the City presented to the TWC as its intended solution to the collection system problem, the City allowed the pump-and-haul system to continue with no established termination date. 2. Degree of Culpability (upward adjustment of 20%) : Justification: The City of Wylie had a plan prepared, and submitted to the TWC, that would resolve the problems in accordance with provision 2L of the first Order. The City Council made a decision that it was not willing to comply with the terms of the report submitted by the City. 3. Good Faith Efforts to Comply/Remedy (no adjustment) : Justification: The City of Wylie waited one year from the original deadline to submit a plan that was approved by the City Council. The plan that was finally submitted extended the deadline beyond the date the TWC and the City had agreed upon and that the TWC was willing to accept. 4. Economic Benefit of Noncompliance (upward adjustment of 20%) : Justification: Failure to initiate construction of the improvements and cease the pump-and-haul program in a reasonable time have resulted in a substantial economical benefit. The City informed the TWC that the main reason they were not willing to comply with provision 2L of the Agreed Order and construct the necessary improvements was because of the problems involved with raising taxes or issuing bonds to fund the improvements. 5. Enhanced Penalty Needed to Deter Future Violations (upward adjustment of 20%) : Justification: The City of Wylie was familiar with the terms and conditions of the Agreed Order, and knowingly failed to comply with provision 2L. Total Penalty Range Adjustment: +80% Part III-Recommoended Total Penalty Calculation (Part I + Part II) : $3,200 + (80% x $1,199) = $4,160 Total Penalty Amount Per Event: $4,160 Total Number of Penalty Events: 1 Total Penalty Amount: $4,160 TEXAS WATER COMMISSION wrG i IN THE MATTER OF THE S EXECUTIVE DIRECTOR'S S BEFORE THE NONCOMPLIANCE REPORT S CONCERNING THE CITY S TEXAS WATER COMMISSION OF WYLIE, PERMIT NO. S 10384-01 S ENFORCEMENT ORDER On the day of , 1989, the Texas Water Commission ( "Commission" ) considered the Noncompliance Report, Notice and Petition of the Executive Director for an Order assessing administrative penalties and requiring certain actions of the City of Wylie ( "City" ) , and the proposed Enforcement Order. Having heard the evidence and argument of the parties, the Commission hereby makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The City is a municipality in Collin County, incorporated under the laws of Texas which owns a wastewater treatment plant located south of State Highway 78 and west of Birmingham Street, in the southwestern sections of Wylie in Collin County. 2 . The City is authorized to discharge .8 million gallons per day into an unnamed tributary of Muddy Creek, thence to Muddy Creek, and thence into Lake Ray Hubbard in Segment No. 0820 of the Trinity River Basin. 3. The designated use for Stream Segment 0820 are contact recreation, high quality aquatic habitat, and public water supply. 4 . The City has been operating a pump and haul program which involves loading sewage into a vehicular mounted vacuum tank and transporting the sewage to a point where the sewage is then transported to the treatment plant by gravity flow. The City agrees that this is an unreliable system but has failed to obtain necessary funding to resolve these problems . From May 1988 to the present at least 10,000 gallons per day have been hauled in the City. 5 . The City of Wylie is currently under a Commission Order dated June 24, 1987 for noncompliant TSS discharges in April and June of 1986 . A penalty of $7,500 was assessed for the violations. Provision 2L of the order required the City to submit to the Executive Director of the Commission "a prioritized schedule outlining planned collection system repairs and improvements in the City of Wylie's collection system. " The plan was to be submitted to the Executive Director for review and approval within 210 days of issuance of the order, or January 20, 1988. 6. The City did submit a preliminary schedule and report on January 5, 1988, but informed the Staff of the Commission that the schedule was conditional on City Council approval. The City Council did not approve the schedule and the City withdrew its submission. Thus, the City failed to have a report on file pursuant to requirement 2L of the order. No plan approved by the City Council has been filed by the City which has been approved by the Executive Director. 7 . Provision P of the June 24, 1987 Order required the City to prepare quarterly reports setting forth the 30-day average effluent values for BOD and TSS for the facility, identifying any violations of the BOD and TSS limits, and calculating the penalties the City is required to pay under the Order. 8. Since the Commission order was issued on June 24 . 1987, at least seven bypasses have occurred from various lift stations and force mains within the collection system. The City of Wylie has paid $700 in stipulated penalties for those bypasses. 9. The Executive Director has issued a Noncompliance Report concerning violations by the City. Concurrently with the issuing and filing of his Noncompliance Report, the Executive Director has given notice of the Petition, proposed Enforcement Order, and Report to the City, including a brief summary of the alleged violations and the terms of the proposed order. The City has been advised that such request must be in writing and must be filed with the Commission not later than the twentieth (20th) day after the date on which the notice is received by the City. Alternatively, the City has been advised that it may file written consent to all or part of the Executive Director' s Report, Petition and proposed Order. CONCLUSIONS OF LAW 1. Section 26 . 121 of the Code prohibits the discharge of waste into or adjacent to the waters in the State, except as authorized by rule, permit or order issued by the Commission. 2. The City is not authorized by rule, permit, or order of the Commission to discharge waste into or adjacent to any waters in the State, unless such discharge complies with the treatment limits specified in Permit No. 10384-01. 2 3. Section 26. 136(a) and (b) of the Texas Water Code (the "Code" ) allows the Commission to assess civil penalties of up to ten thousand dollars ($10,000) per day for violations of Chapter 26 of the Code or Commission permit, rules, or orders. 4. The City has violated provisions 2L of the June 24, 1987 Commission order. 5. Section 26 .019 of the Code authorizes the Commission to issue orders and make determinations necessary to effectuate the purposes of chapter 26 of the Texas Water Code. 6 . The City should be ordered to undertake such actions as are necessary to effectuate compliance with the provisions of Chapter 26 of the Code, Permit No. 10384-01, and the June 24, 1987 Order. NOW, THEREFORE, BE IT ORDERED BY THE TEXAS WATER COMMISSION that, based upon the above-noted Findings of Fact and Conclusions of Law, the City shall undertake certain actions as follows: 1. The City shall pay administrative penalties for past violations in an amount of $4, 160. Said penalties shall be paid to the General Revenue Fund of the State of Texas, and shall be mailed to the Chief Fiscal Officer, Texas Water Commission, P. O. Box 13087, Capitol Station, Austin, Texas, 78711-3087 . "Re: The City of Wylie, Enforcement Order. " This payment shall be received on or before the thirtieth (30th) day following the date on which this Order is signed. Payment of this administrative penalty, as well as payment of any deferred or stipulated penalty are for violations noted herein. Any violation not specifically addressed in the Preliminary Report, Petition or Order is subject to additional penalties. 2. Pay stipulated administrative penalties for failure to cease the pump-and-haul program. Pumping and/or hauling sewage at any time during the month, and from any point in the City shall result in a violation of this requirement. The penalties shall be in accordance with the following schedule: Time Penalty per month January 1, 1990 through December 31, 1990 $500 December 31, 1990 through December 31, 1991 $1,000; 3. Pay stipulated administrative penalties for each bypassing event within the collection system in accordance with the following schedule: Time Penalty per event Signature of Order through December 31, 1989 $100 January 1, 1990 through December 31, 1990 $1,900 3 January 1, 1991 through December 31, 1991 $2,900 4. Commencing from the date on which the second Commission Order is signed, the City shall prepare quarterly reports that identify any violations of the second Order and the appropriate penalty. The first report shall be submitted by July 30, 1989 and will cover the period from the date the second Order is signed through June 30, 1989 . Subsequent quarterly reports shall be submitted on the 30th day following the end of each calendar quarter. These reports shall be submitted to the Enforcement Section of the Commission's Water Quality Division. The quarterly reports shall summarize the efforts put forth by the City to comply with the second Order and the status of construction for the necessary improvements . In addition, the reports shall contain the number of connections added to the system per month, and the industry' s compliance with the City' s Industrial Waste Ordinance. 5. The City shall, at all times, enforce its Industrial Waste Ordinance. During the pendency of a Commission Order, the City shall document the dates of inspection of industrial facilities, the findings of such inspections, and the actions of the City resulting from such inspections; 6. The City shall, by no later than September 1, 1989, have completed construction, and placed in service, the expanded wastewater treatment plant. Should this September 1, 1989 deadline not be met, the City shall pay stipulated penalties for each day following the City's failure to comply with the deadline specified herein, according to the following schedule: (i) 1st through 29th day: $125.00 per day; (ii) 30th through 59th day: $250.00 per day; (iii) 60th through 119th day: $350.00 per day; (iv) each day following the 119th day: $500.00 per day; 7. The City shall modify the construction schedule to allow any unit which will provide improved interim treatment to be available for beneficial use on a priority basis; 8. Commencing with the issuance of a Commission Order and continuing through completion of construction of the expanded wastewater treatment plant, the City shall pay stipulated administrative penalties of $0.07 for each pound of BOD in excess of 150 lb/day daily average and $0.05 for each pouria of TSS in excess of 150 lb/day daily average for each day of violation; 9 . Commencing from the date on which this Order becomes final, the City shall prepare a quarterly report setting forth the thirty-day average effluent values for BOD5 and TSS for the 4 facility for which stipulated penalties are provided under the previous provision of this Order during the period covered in the quarterly report and identifying any violations as provided herein (6 and 8) and calculating the penalties that the City is required to pay under the provisions of this Order for such violations. The stipulated penalties for violations of BOD thirty-day average pollutant loading and TSS thirty-dray average pollutant loading shall be computed on the basis of [ (thirty-day average concentration of BODS/TSS (mg/1) ) x (8.34) x (thirty-day average flow (MGD) - ( 150 lb/day daily average) ] ($0. per pound) x (number of days in month) . Reports shall be submitted no later than thirty (30) days following each quarterly reporting period to the Enforcement Section of the Water Quality Division of the Texas Water Commission. 10. The Enforcement Section shall review the reports filed pursuant to Provision 4 and Provision 9 for the purpose of verifying the violations and penalty computations and will notify the City in writing of acceptance of the City' s penalty computation. If the Enforcement Section disputes any report by the City concerning violations and/or penalty computations, it shall notify the City in writing of this fact and the reasons for refusal to verify the report. The City and the Executive Director shall attempt to resolve any disputed issues on an informal basis . Should informal consultations fail to resolve the dispute, either party is entitled to a hearing before the Commission, after notice to the other party and to the Public Interest Advocate. Stipulated penalties shall be paid to "The General Revenue Fund of the State of Texas", and payment shall be mailed to the Chief Fiscal Officer, Texas Water Commission, P. 0. Box 13087, Capitol Station, Austin, Texas 78711-3087, "Re: The city of Wylie Enforcement Order" , within thirty (30) days from the date on which the Commission verifies the penalty computation. 11. If an event occurs which causes or may cause a delay in compliance with any provisions of this Order, the City shall notify the Executive Director in writing within thirty (30) days of the date on which the City becomes aware of the occurrence of the event(s) , describing the cause(s) for the event(s) , the projected length of delay in compliance with any provisions of this Order and the reason(s) therefor, and the measure(s) taken or proposed to be taken by the City to minimize such delay and to achieve compliance as soon as possible. Copies of each report submitted to the Executive Director under this provision shall be provided, by separate cover, to the Texas Water Commission District 4 Office and the Enforcement Section of the Commission' s Water Quality Division within the same 30-day period. The Executive Director shall review any report submitted under this provision and shall advise the City, in writing, within thirty (30) days from the 5 date of receipt of such report, whether he has determined that the delay has been caused or will be caused by circumstances beyond the reasonable control of, and without the fault of the City, and whether he accepts any proposed revision(s) , including a summary of the Executive Director' s reasons for any disapproval of the City' s report. By mutual agreement of the Executive Director and the City, either 30-day period may be extended. At the conclusion of the Executive Director' s review: a. if the Executive Director and the City are in agreement that the cause(s) of the delay are not the fault of the City and, in the case of construction deadlines, that the revision(s) to any affected construction deadline(s) is justified, then the Executive Director and the City shall submit to the Commission, with notice to the Public Interest Advocate, a stipulation for appropriate revision(s) of the affected provision of this Order and a stipulation that no penalties shall be assessed for failure to comply with such performance deadline(s) for the Commission' s review and approval; or b. if the Executive Director and the City fail to reach agreement as to either the cause(s) for delay in compliance with any provision(s) of this Order or the appropriate revision(s) to any provision(s) of this Order, then the City shall, within thirty (30) days of the date on which the City receives notice of the Executive Director's decision, including a written statement of the reason(s) for the Executive Director' s decision, and with notice to the Executive Director and the Public Interest Advocate, petition the Commission for appropriate relief. 12 . This Order shall supersede the Order issued June 24, 1987 and shall terminate December 31, 1991. Signed this the day of , 1989 . TEXAS WATER COMMISSION B.J. Wynne, III, Chairman (SEAL) Brenda Foster, Chief Clerk 6 CERTIFICATE OF DELIVERY I hereby certify that on this the 23rd day of May , 1989, the foregoing "Petition for Order Assessing Administrative Penalties and Enforcement Order, " "Notice of Executive Director's Noncompliance Report, " "Executive Director' s Preliminary Enforcement Report, " and proposed "Order" were hand delivered to the Chief Clerk of the Texas Water Commission in the Stephen F. Austin Building, Austin, Texas, 78711. I further certify that a true and correct copy of the foregoing were mailed via Certified Mail, return Receipt Requested, to Mr. Chuck Trimble, Mayor, City of Wylie, 2000 Hwy. 78 North, Wylie, Texas, 75098. I further certify that a copy of the foregoing were delivered to Ms. Cynthia G. Hayes, Public Interest Advocate, in the Stephen F. Austin Building, Austin, Texas, 78701, on this day. S - R bin Smith, Staff Attorney Legal Division Consent to Report and Proposed Order and Waiver of Right to Hearing I have examined the petition, report, and proposed order enclosed with the Texas Water Commission letter dated I am empowered to act on behalf of the permittee and do hereby consent to the report and proposed order of the Texas Water Commission. I waive my right to a hearing on this matter. (Name & Title of Person Completing Form) (Signature) (Date) RE: City of Wylie, Permit No. 10384-01 Wylie Wastewater Collection Sanitary Sewer Easeme Permanent Construction Easements Owner Description Permanent v�i . Sherwood E, Blount, Jr. - j 5' x 417. 0' :.2. Ray Miller-, 5' x 298. 7' • 3. Archie Eubanks - 5' x 208. 7' -Ray Miller 5' x 236. 5' 4. Clyde R. Martini 5' x 208. 7' Archie Eubanks 5' x 208. 7' p . Lowry G. Kinzer_ v y, 5' x 180. 0' .�6. J . Harvard &IjJ . Hoa I nd, T,/.j „ / 20' x 1 , 065. 13' 7. Donald P. Kreymer. IL( „- 20' x 736. 50' 8. John Bernard RobinsoT�, 20' x 212. 00' 9. John Bernard Robinson, ' 20' x 106. 00' 1 10. Robert L. Joslyn 20' x 320. 00' /7)r► ),.- ;tsr Ls 11 . Jerry C. Ca l dwe 1 l-(?04,r, to 20' x 278. 00' 12. Brownie Thomas Bradshaw- tQ' 20' x 910. 45' 13. Ronald Franklin Miller--) ka=- 6 e) 20' x 432. 00' 14. Worth Montyque Speed 2h(,/tea 20' x 238. 00' . . Wiley Housewr i ghtfg° Fj. U 15' x 2, 302. 53' 16. +Texas Power & Light ; r'1 15' x 505. 00' 17. +Texas Power & Li h � 10' x 150. 00' " " " 10' x 523. 75' & 10' x 200. 00' .19Jr W. L. Brown-.A:110- 10' x 111 . 00' 0. Juan C. Diaz-- Vi., 10' x 428. 18' 21 . M-W Properties .-� 7 , ; 10' x 140. 00' 22. Ms. Patsy Sue Flanigan-,,,�.��f % .5 20' x 455. 00' & 7. 5' x 46. 00' 23. +Thirsk Corporation .{, 7 15' x 1 , 325. 85' 24. +Richard Parker <)y")(1,4 0--t! 15' x 793. 88' ` 2�5. M. St. John & H. F. Tibba l s, J 15' x 370. 00' 26. M. St. John & H. F. Tibbals, �J// VV 15' x 440. 00' 27. City Contractors Services 15' x 209. 00' 28. Tommy E. Hutson-____ T'�" ; 10' x 222. 31 ' t t, 29 City Contractors Service,(ci1 , 10' x 141 . 5' if 10' x 333. 50' 10' x 864. 81 ' LR'L. Wylie Community Hospital-Pre,, tI 10' x 1 , 180. 96' Henry Martinez 10' x 383. 00' j�_ --___ J.E__ iemoneit (C mical Recclirg)120' x 66' (0. 0302 Ac) 35. Donald P. Kreymer / ;[i 10' x 990. 41 ' C. T. Beckham & M. SingletaryI _% , 10' x 2, 089. 21 ' & Tr 10' x 219' (0. 0598 Ac) 77-7.-Tambridge C Income Fund (SFMHP 10' x 433. 70' & 50' x 60' (0. 0689 Ac) +' / "38. Robert V. Thurmond 20' x 893. 52' ` r° 3g. Robert V. Thurmond ` 20' x 1 , 404. 00' i� '" 40. J . B. Prince �� / - `d�� /S1 20 x 521 . 00 ..I`' 41 . Western Federal' `tYin oan 15' x 3, 749. 00' tee_ 42. First National Bank f Richardson 12' x 225' (0. 0607 Ac. ) f ,� rr 71/ Temporary Constr ction Easeme7V0 > , 44/ 43. J . W. & Ed May McDonald--f 44. +Fredrick Veninga, Trustee 45. +A. J . Daugherty- � Gc l 46. Western Federa Savings & Loan 47. H. Dean Raynor 48. James B 1 akey J7C1 0A, 49. Donald P. Kreyme bl 50. Bachman Bend Ltd. j /, ? 51 . Jick E. Drain jf 53. James L. Pell ' 54. Bi l l ie R. Jones 55. +0. W. Hampton 0'Jf.' 2 9-4-' 56. Kenneth Bevis 57. Michael D. McAnnally Bachman Bend Ltd. Donald P. Kreymer 58. Audie Waterson 59. Terie Jones Donald P. Kreymer Bachman Bend Ltd * Easement Acquired + Donation Anticipated TO: MAYOR AND CITY COUNCIL FROM: CAROLYN JONES , CITY SECRETARY DATE: MAY 31 , 1989 SUBJECT: EASEMENTS FOR WASTEWATER COLLECTION SYSTEM Please find enclosed a list of the property owners that need to be contacted about an easement. A reminder that we need these easements signed by June 30th, and that if and when you have the property owner ready to sign , please call us and we will have one of the ladies from City Hall , that is a notary go out with you. There will be a meeting next Tuesday, at which time we will discuss each of the ones that have been contacted, and how far along each one of us has gotten with our list . Thank you. TO: MAYOR AND CITY COUNCIL FROM: CAROLYN JONES, CITY SECRETARY DATE: MAY 31 , 1989 SUBJECT: EASEMENTS FOR WASTEWATER COLLECTION SYSTEM Please find enclosed a list of the property owners that need to be contacted about an easement. A reminder that we need these easements signed by June 30th, and that if and when you have the property owner ready to sign, please call us and we will have one of the ladies from City Hall , that is a notary go out with you. There will be a meeting next Tuesday, at which time we will discuss each of the ones that have been contacted, and how far along each one of us has gotten with our list . Thank you. PROPERTY OWNERS AND ADDRESSES UTILITY EASEMENT FOR SEWER IMPROVEMENTS Sherwood E. Blount , Jr . Wylie Community Hospital Sherwood Blount and Company c/o Real Estate Tax Serv . 15303 Dallas Pkwy, Suite 800-LB-18 P.O. Box 832310 Dallas , Texas 75248 Richardson, Texas 75083 Ray Miller Henry Martinez Rt. 1, Box 353 2121 Quail Run Road Nevada , Texas 75073-9751 Wylie, Texas 75098 Archie Eubanks J .R. Siemoneit 1900 S.H. 78 N . P.O. Box 947 Wylie, Texas 75098 Wylie, Texas 75098 Clyde R. Martin Mr . C. T. (Sparky) Beckham 701 East Plano Pkwy #51 5949 Sherry Ln . , Suite 620 Plano, Texas 75074 Dallas , Texas 75225 Lowry G. Kinzer Cambridge Income Fund 5811 Sandhurst #D c/o Harold Holigan Dallas, Texas 75206 800 South Tower 8585 Stemmons Frwy Dallas, Texas 75248 Jack Harvard & Jerry Hoagland, Trustees Robert V. Thurmond, Jr . c/o Mr . Mark Stephens Rt . 2 , Box 345-A P.O. Box 869006 McKinney, Texas 75069 Plano , Texas 75086 Donald P. Kreymer J.B. Prince P.O. Box 430 9836 Buxhill Wylie, Texas 75098 Dallas, Texas 75238 John B. Robinson Western Fed . Say. & Loan Ass 2305 Brighton P.O. Box 832310 Plano, Texas 75075 Richardson, Texas 75083-2310 Robert L. Joslyn 1st Nat . Bank of Richardson 2304 Brighton P.O. Box 830430 Plano , Texas 75075 Richardson , Texas 75083-0430 Jerry C. Caldwell Mrs . Fredrick Veninga 810 Hensley Lane 5531 Ursula Lane Wylie, Texas 75098 Dallas, Texas 75229 /Brownie T. Bradshaw ems . A.J. Daugherty 800 Hensley Lane " c/o Mr. Landon Carlson Wylie, Texas 75098 2002 W. Kirby Wylie, Texas 75098 4nald F . Miller H. ,Dean Raynor ✓ 334 Hensley Lane215 King St . Wylie, Texas 75098 (/Dallas, Texas 75180 vW-Octh M. Speed J es Blakey 621 Glenview Circle 502 S. Ballard Garland, Texas 75040 Wylie , Texas 75098 W • ley Housewright B an Bend Ltd. tve/o J .E. Abernathy 555 Webbs Chappel Ext . P.O. Box 576 Dallas, Texas 75220 McKinney, Texas 75069-0576 texas Power & Light Company Ms . Naomi Drain ,/ 2001 Bryan Tower #2035 Box 675 FM Hwy 1378 Dallas , Texas 75201 Wylie , Texas 75098 .L. Brown Ms . Gladys C. Swanson 326 Hooper Rd . 605 FM 1378 Wylie, Texas 75098 Wylie, Texas 75098 Auan C. Diaz James L. Pell Rt . 1 , Box 336 1520 Judy Drive Plano , Texas 75074 Plano , Texas 75074 VM-W Properties Billie R. Jones • P .O. Box 861287 10673 Lakemere Dr . Plano, Texas 75086 Dallas , Texas 75238 Is . Patsy Sue Flanagan O.W. Hampton / 1090 FM 546 P.O. Box 596 McKinney, Texas 75069 Wylie, Texas 75098 �`hirsk Corporation Kenneth Bevis 7 c/o Mr . John Tobin 455 FM 1378 9090 C Skillman, Suite 120 Wylie, Texas 75098 Dallas , Texas 75243 Melvin St . John & H.F. Tibbals , Jr . Micahel D. McAnally P.O. Box 518 1876 Shellbrook Wylie, Texas 75098 Huntsville, Alabama 35806 ,City Contractors Service Audie Waterson V c/o Glenn Pockrus 1607 Kennedy Dr . 2200 McCree Rd . Wylie, Texas 75098 Wylie, Texas 75098 ,/fommy E. Hutson Terie Jones 3306 Ridge Oak 1609 Kennedy Dr . Garland, Texas 75042 Wylie, Texas 75098 , ichard Parker vP .O. Box 307 Wylie, Texas 75098 CITY OF WYLIE COLLIN COUNTY, TEXAS FIELD NOTE DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT LOWRY G. KINZER BEING a strip of land for temporary construction easement 15.00 feet in width, located in the Francisco De La Pina Survey, Abstract No. 688, Collin County, Texas, and being over, under and across a 2.0636-acre tract of land conveyed to Lowry G. Kinzer as recorded in Volume 1582, Page 255 of the Deed Records of Collin County, Texas, said 15.00-foot wide temporary construction easement being immediately adjacent to and south of an existing 5.00-foot permanent utility easement, a distance of 180.00 feet from the west property line of said tract to the east property line of said tract and containing 2700.0 square feet of land, more or less.