Texas Register July 23, 2021 Issue
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Office of the Attorney General Austin Kinghorn General Counsel Notice of Settlement of a Recovery Action for Natural Office of the Attorney General Resource Damages Filed: July 13, 2021 The State of Texas gives notice of the following proposed resolution of an action to recover damages for injury to, destruction of, loss of, or loss ♦ ♦ ♦ of use of natural resources under the federal Oil Pollution Act. Before Texas Water Code and Texas Health and Safety Code the State may enter into a voluntary settlement agreement, pursuant to Settlement Notice section 7.110 of the Texas Water Code, the State shall permit the public to comment in writing. The Attorney General will consider any writ- Notice is hereby given by the State of Texas of the following proposed ten comments and may withdraw or withhold consent to the proposed resolution of an environmental enforcement action under the Texas Wa- agreement if the comments disclose facts or considerations indicating ter Code and the Texas Health and Safety Code. Before the State may that consent is inappropriate, improper, inadequate or inconsistent with enter into a voluntary settlement agreement, pursuant to section 7.110 the requirements of the law. of the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will con- Case Title: United States of America and the State of Texas v. Kirby In- sider any written comments and may withdraw or withhold consent to land Marine, LP; Case No. 3:21-CV-00180, in the U.S. District Court the proposed agreed judgment if the comments disclose facts or consid- for the Southern District of Texas. erations that indicate that the consent is inappropriate, improper, inad- Background: On July 13, 2021, the United States and the State of Texas equate, or inconsistent with the requirements of the Texas Water Code. filed a joint Complaint against Kirby Inland Marine, LP ("Kirby") for Case Title and Court: State of Texas v. George W. Jackson; Cause recovery of damages for injury to, destruction of, loss of, or loss of No. D-1-GN-16-002015; in the 345th Judicial District, Travis County, use of natural resources, under Section 1002 of the Oil Pollution Act, Texas. 33 U.S.C. § 2702. The Complaint in this natural resource damages case was filed against Kirby concurrently with the lodging of the pro- Nature of the Suit: Defendant George W. Jackson owns a public wa- posed Consent Decree. The Complaint alleges that Kirby is liable for ter system located at 11604 University Avenue, Lubbock, Texas 79423 damages under the Oil Pollution Act; specifically, that oil was dis- that serves drinking water to a mobile home park called Fort Jackson charged from a Kirby barge during a collision in the Houston Ship Mobile Estates ("the System") with approximately 34 service connec- Channel near Bayport, Texas, on May 10, 2019, and that natural re- tions and a population of 74. The Texas Commission on Environmen- sources were injured as a result of the discharge. The State of Texas tal Quality ("TCEQ") has conducted several on-site investigations and is acting through its designated State trustees: the Texas General Land record review investigations from 2008 through 2018 documenting vi- Office, the Texas Commission on Environmental Quality, and the Texas olations for failing to properly maintain the System's facilities, failing Parks and Wildlife Department. The United States and Texas seek dam- to perform routine inspections, failing to create and maintain opera- ages in order to compensate for and restore natural resources injured by tional records, and failing to submit chemical monitoring reports to Kirby's oil discharge. The United States and the State also seek to re- TCEQ. The TCEQ has entered three prior administrative orders against cover unreimbursed costs of assessing such injuries. Jackson for violations of TCEQ's rules. These prior orders assessed ad- ministrative penalties and required corrective action. Jackson has not Proposed Settlement: Kirby will pay $2,102,115.22 under the proposed paid the outstanding administrative penalties. Jackson also has not paid Consent Decree. Of this total, $1.695 million is designated for the the Public Health Service ("PHS") fee assessed by the TCEQ for sev- trustees to restore, replace, or acquire the equivalent of the natural re- eral years. The State filed suit against Jackson seeking civil penalties, sources allegedly injured, destroyed, or lost as a result of the oil spill, unpaid administrative penalties and fees, attorney's fees, and injunc- and the remaining amount will go to reimburse the trustees for their tive relief requiring Jackson to bring the System into compliance with unpaid assessment costs. TCEQ's rules. For a complete description of the settlement, the Complaint and pro- Proposed Agreed Judgment: The proposed Agreed Final Judgment as- posed Consent Decree should be reviewed in its entirety. Requests sesses against Defendant civil penalties in the amount of $50,000, un- for copies of the Complaint and proposed Consent Decree, and writ- paid administrative penalties in the amount of $3,219, unpaid PHS fees ten comments on the same, should be directed to Phillip Ledbetter, in the amount of $1,946.63, and attorney's fees and court costs in the Assistant Attorney General, Office of the Attorney General of Texas, amount of $13,834.37. The Agreed Final Judgment also includes a per- P.O. Box 12548, MC 066, Austin, Texas 78711-2548, phone (512) manent injunction requiring Defendant to bring the System into com- 475-4152, facsimile (512) 320-0911, email address: Phillip.Ledbet- pliance with TCEQ rules. [email protected]. Written comments must be received within 30 days of publication of this notice to be considered. For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed in its entirety. TRD-202102668 Requests for copies of the judgment, and written comments on the pro- posed settlement, should be directed to Logan Harrell, Assistant Attor- ney General, Office of the Texas Attorney General, P.O. Box 12548, IN ADDITION July 23, 2021 46 TexReg 4467 MC 066, Austin, Texas 78711-2548, phone (512) 463-2012, facsimile Written comments may also be sent by facsimile machine to the en- (512) 320-0911, or email: [email protected]. Written com- forcement coordinator at (512) 239-2550. The commission's enforce- ments must be received within 30 days of publication of this notice to ment coordinators are available to discuss the AOs and/or the comment be considered. procedure at the listed phone numbers; however, TWC, §7.075, pro- TRD-202102634 vides that comments on the AOs shall be submitted to the commission in writing. Austin Kinghorn General Counsel (1) COMPANY: City of Alpine; DOCKET NUMBER: 2021-0015- Office of the Attorney General MWD-E; IDENTIFIER: RN103114690; LOCATION: Alpine, Brew- Filed: July 9, 2021 ster County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §30.350(d) and §305.125(1) and ♦ ♦ ♦ Texas Pollutant Discharge Elimination System Permit Number Office of Consumer Credit Commissioner WQ0014349001, Other Requirements Number 1, by failing to employ or contract with one or more licensed wastewater treatment facility Notice of Rate Ceilings operators or wastewater system operations companies holding a valid Class B license or higher; PENALTY: $12,525; ENFORCEMENT The Consumer Credit Commissioner of Texas has ascertained the fol- COORDINATOR: Katelyn Tubbs, (512) 239-2512; REGIONAL lowing rate ceilings by use of the formulas and methods described in OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas §303.003 and §303.009, Texas Finance Code. 79901-1212, (915) 834-4949. The weekly ceiling as prescribed by §303.003 and §303.009 (2) COMPANY: City of Galveston; DOCKET NUMBER: 2019- for the period of 07/19/21 - 07/25/21 is 18% for Con- 0861-MWD-E; IDENTIFIERS: RN102342680 and RN101613925; sumer1/Agricultural/Commercial2 credit through $250,000. LOCATION: Galveston, Galveston County; TYPE OF FACIL- The weekly ceiling as prescribed by §303.003 and §303.009 for the ITY: wastewater treatment facilities; RULES VIOLATED: 30 TAC period of 07/19/21 - 07/25/21 is 18% for Commercial over $250,000. §30.350(d) and §305.125(1) and Texas Pollutant Discharge Elimina- tion System Permit Numbers WQ0010688005 and WQ0011477001, 1 Credit for personal, family or household use. Other Requirements Number 1, by failing to employ or contract with 2 Credit for business, commercial, investment or other similar purpose. one or more licensed wastewater treatment facility operators or waste- TRD-202102665 water system operations companies holding a valid Class C license Leslie L. Pettijohn or higher; PENALTY: $29,236; SUPPLEMENTAL ENVIRONMEN- TAL PROJECT OFFSET AMOUNT: $23,461; ENFORCEMENT Commissioner COORDINATOR: Stephanie Frederick, (512) 239-1001; REGIONAL Office of Consumer Credit Commissioner OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, Filed: July 13, 2021 (713) 764-3500. ♦ ♦ ♦ (3) COMPANY: City of Justin; DOCKET NUMBER: 2020-1356- Texas Commission on Environmental Quality MWD-E; IDENTIFIER: RN101917441; LOCATION: Justin, Den- ton County; TYPE OF FACILITY: wastewater treatment facility; Agreed Orders RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), The Texas Commission on Environmental Quality (TCEQ or commis- and Texas Pollutant Discharge Elimination System Permit Number sion) staff is providing an opportunity for written public comment on WQ0011312001, Permit Condition Number 2.g, by failing to prevent the listed Agreed Orders (AOs) in accordance with Texas Water Code, unauthorized discharges of wastewater from the collection system into (TWC), §7.075. TWC, §7.075, requires that before the commission or adjacent to any water in the state; PENALTY: $20,625; ENFORCE- may approve the AOs, the commission shall allow the public an op- MENT COORDINATOR: Ellen Ojeda, (512) 239-2581; REGIONAL portunity to submit written comments on the proposed AOs.