Maverick County fined by TCEQ for County Water Plant’s non-compliance

By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.

Maverick County Commissioners Court unanimously approved to pay a fine of $1,100 to the Texas Commission on Environmental Quality (TCEQ) issued against Maverick County on December 12, 2014 for violations of the Texas Health and Safety Code and the Texas Water Code and Commission rules regarding the Maverick County Water Treatment Plant, located at the Maverick County Industrial Park (Radar Base), non-compliance at their regular meeting held on Monday, January 12, 2015.

Maverick County Judge David R. Saucedo called Executive Session agenda item No.1 pursuant to Section 551.071 , Texas Open Meetings Act, Chapter 551, consultation with attorney regarding TCEQ Notice of Enforcement action dated December 12, 2014, and Commissioners Court went into Executive Session.

Upon returning from Executive Session into Open Session, Commissioners Court unanimously approved to pay the fine sanctioned on Maverick County by TCEQ in the amount not to exceed $1,100 for non-compliance with state rules and codes regarding the operation of the Maverick County Water Treatment Plant at the Radar Base. Maverick County provides potable water to residents of Normandy and Quemado, Texas from this water treatment plant, as well as the Maverick County Industrial Park which includes the Maverick County Detention Center, Maverick County International Memorial Airport, Maverick County Water Control and Improvement District No. 1, businesses, and residents.

TCEQ discovered Maverick County’s non-compliance during record reviews conducted by TCEQ from September 29, 2014 through October 10, 2014.

TCEQ advises Maverick County in its Notice of Enforcement that as owner and operator of the facility, Maverick County is alleged to have failed to comply with the maximum contaminants level of 0.060 milligrams per liter for total heloacetic acids based on the location running annual average, in violation of 30,Texas Administration Code 290.115 (F)(1) and Texas Health and Safety Code 341-0315.

The TCEQ Notice of Enforcement also alleges that Maverick County failed to collect lead and copper tap samples at ten required sample test sites, have the samples analyzed by an approved laboratory, and provide the results to the Executive Director of TCEQ for the monitoring periods beginning in January 1, 2004 through December 31, 2012 and also the monitoring period beginning in January 1, 2013 through December 31, 2013 in violations of 30, Texas Administration Code (C) (2)(D) @ (C)(2)(B)and (i) (1) (i)(1).

TCEQ further alleged that Maverick County failed to provide public notification and submit a copy of the public notification to the Executive Director of TCEQ regarding their timely failure to submit the results of the synthetic organic chemical contaminants, volatile organic chemical, contaminants, metals, minerals and nitrate sampling for the 2012 monitoring period and regarding the treatment technique violation in February of 2014 in violation of 30, Texas Administration Code 290.122 (B)(2)(A) and (C)(2)(A) and (F).

The TCEQ Notice of Enforcement Action Order also alleges that a Chloride Dioxide monthly report was also not filed and that the monthly chloride monitoring in the distribution system by the tenth day of the month following the end of the report in period for the months of July and August, 2014 in violation of 30, Texas Administration Code 290.11 et seq.

TCEQ further alleges that Maverick County failed to submit a surface water monthly operating report with the require turbidity and disinfectant residual data to the Executive Director by the tenth day of the month following the end of the reporting period for July , 2014, In violation of 30, Texas Administration Code 290.110 (E) (2) and (E) (5) and 290.111 (H)(2) and (H) (12).

TCEQ further alleges that Maverick County failed to pay Waste Management Sludge Hauler Fee Financial Administration Division Account No. 0803551H for fiscal year 2014 in violation of 30, Texas Administration Code 312.9 and Texas Water Code 5.702.

The TCEQ Notice of Enforcement Report provides a list of corrective measures that Maverick County must do in order to assure and enforce compliance with the issues addressed within the Notice of Enforcement Report.

The list of corrective measures include the implementation of improvements to the facility’s process procedures, guidance, training and oversight to ensure that all future lead and copper samples are collected, analyzed, and reported within ten day of the end of the monitoring period in accordance to 30, Texas Administration Code 290.117, procedure implementation to assure that all necessary public notifications are provided on a timely manner to persons served by the facility and a copy of the notification is provided to the Executive Director including but not limited to providing public notification regarding the failure to timely submit the results of the SOV,VOC, metals minerals and nitrate sampling for the 2012 monitoring period and regarding the treatment technique violation in February, 2014 in accordance to 30, Texas Administration Code 290.122.

Maverick County is also instructed to update the Facility’s operational guidance and conduct employee training to ensure the self-reporting requirements are properly accomplished, including the timely submittal of signed and certified Chlorine Dioxide MOR’s, the results of monthly Chlorite monitoring in the distribution system, and SWMOR’S in accordance to 30, Texas Administration Code 290.114, begin submitting Chlorine Dioxide MOR’S and the results of monthly chlorite monitoring in the distribution system to the Executive Director each month by the tenth day of the following month, in accordance with 30, Texas Administration Code 290.114. TCEQ requires that this provision will be satisfied upon six consecutive months of compliant reporting by Maverick County.

Maverick County is also instructed to begin submitting complete and accurate SWMOR’S with the required turbidity and disinfection residual data to the Executive Director and to submit payment for all outstanding fees, interest and penalties for TCEQ.

Judge Saucedo noted that Maverick County will immediately implement the directives requested by TCEQ in order to comply with state rules and codes regarding the operation of the Maverick County Water Treatment Plant.