HomeMy WebLinkAboutResolution No. 03-21 RESOLUTION NO. 03-21
A RESOLUTION OF THE CITY COUNCIL
OF
THE CITY OF THE COLONY, TEXAS
ADOPTED IN SETTLEMENT
OF
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
DOCKET NO. 2003-0170-MLM-E
WHEREAS, the City of The Colony, Texas (the "City") has been issued
Texas Pollutant Discharge Elimination System Permit No. 11570-001 (the
"Permit") by the Texas Commission on Environmental Quality (the
"Commission"); and
WHEREAS, the Permit authorizes the City to discharge treated effluent
from the Stewart Creek Wastewater Treatment Facility to Lewisville Lake in the
Trinity River Basin; and
WHEREAS, the Commission, on or about February 19, 2003, issued a
Notice of Violation ("NOV") to the City for failure to comply with effluent limits in
the Permit for ammonia as nitrogen and biochemical oxygen demand; and
WHEREAS, the City owns and operates a retail public water system
pursuant to the Texas Water Code; and
WHEREAS, the Commission, on or about April 29, 2003, issued a NOV to
the City for failure to submit a drought contingency plan for its retail public water
system in violation of 30 Tex. Admin. Code Chapter 288; and
WHEREAS, the Commission initiated an enforcement action, Docket No.
2003-0170-MLM-E (the "Action") against the City for allegations contained in the
February 19, 2003 and April 29, 2003 NOVs; and
WHEREAS, City staff, on or about May 14, 2003, met with Commission
staff to discuss settlement of the Action and payment of an administrative fine
related to the Action; and
WHEREAS, the City Council convened, on or about June 16, 2003, and
authorized City staff to pursue settlement of the Action and a Supplemental
Environmental Project ("SEP") in lieu of an administrative fine; and
WHEREAS, Commission and City staff have agreed to the form and
substance of a settlement (the "Agreed Order") and the SEP, attached hereto as
Exhibit A.
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NOW, THEREFORE, be it resolved by the City Council of the City of The
Colony, Texas that:
1. The City Council has reviewed the Agreed Order and the SEP contained
therein, and authorizes settlement of the enforcement action, Commission
Docket No. 2003-0170-MLM-E.
2. The City Manager is hereby authorized on behalf of the City to execute the
Agreed Order and to submit payment to the Commission, as required, in
fulfillment of the SEP obligation.
Passed, adopted and approved, this the 4th day of August, 2003.
CITY OF THE COLONY
By:
Joe McCourry, Mayor Pro-Tern
ATTEST:
Christie Wilson, Deputy City Secretary
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