### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONS 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733



### CERTIFIED MAIL- RETURN RECEIPT REQUESTED: 7003 0500 0003 0873 3953 JimmyKahla Director, Solid Waste Operations 

### The Municipality ofChambers County P.O. DrawerTT 

### Anahuac, Texas 

### 75514 Rc: 

### Administrative Compliance Order 

### Docket No. CAA-06-2006·3301 Dear Mr. Kahla: Enclosed is 

### an Admi.nistrntive Compliance Order

### (Order) issued to the Municipality of Chambers County {Chambers County) 

### for violations ofthe Clean 

### Air Act This Orderis based on information that

### Chambers Countyprovided to the United States Environmental Protection Agency (EPA) 

### detailing Chambers

### County's efforts 

### to return to compliance after being adversely impacted by 

### Hw:rieane Rita. The

### violalions are 

### for Chambers County's 

### &ilurc to timely conduct annual stack 

### and performance tests. This Orderdoes not levy any penalties. 'The EPA i& 

### committed to ensuring compliance

### with the requirements ofthe Clean AirAct, and my staffwill assist you in any way possible. Yourcoope!lllion and prompt attention will be appreciated. If

### you have anyquestions, please contact Ms. 

### Kathleen Aisling, ofmy staJT, at (214) 665-6406.

Enclosure

cc: Glenn Shankle, TCEQ Don Thompson, TCEQ Region 12 

### Sincerelyyours,

Director 

### Compliance Assurance and Enforcement Division

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### UNITED STATES gNVIRONMENTAL PROTECfiON AGENCY 

### REGION6 In the Matterof MUNICIPALITY OF CHAMBERS COUNTY 

### Anahuac, Texas ) ) ) ) ) ADMINISTRATIVE COMPLIANCE 

### ORDER

STATEMENT OF Alfll!ORlTY ('-: ''- 'J •**~** 

### ,,.

The following A;dmin.istmliveCompliance Order("Order")isissuedpursuantto the authority ofSection 113(aX3) ofthe 

### Clean Air Act, 42 U.S.C. § 

### 741 J(a)(3) (hereinafter refe!Ted to as "the Act"). Section ll3(aX3)oftheAetauthoril'.e\S the Administnuorof theUnited States Environmental Protection Agency ("EPA") to issue an 

### Order 

### requiring compliance to any person whom the Administrator fmds to be in violation ofthe Act. The authority to issue this 

### Order has been delegated to

### the Directorofthe Compliance Assurance and Enforcement Division, 

### EPA, Region 

### 6. FINDINGS 

### QF Ft\CI 

### AND CONCLUSIQNS QF LAW I. The Municipality ofChambers County ("Chambers County") is a municipality chartered under the laws ofthe State ofTexas, and as such, is a "person" as that 

### tenn is defined in Section 302(e) ofthe Act. 42 U.S.C. § 

### 7602(e). 2. Chambers County owns and operates a lundfill and incineration facility located at 7505 Highway 

### 65, Anahuac, Texas (the "facility"). 3. On September23, 2005,**Hurri~**Rita("Rita")

### struck theTexascoast, causingwide-spread devastation andpoweroula(!;csto the area including GulfCoast facilities located in southeast 

### Texas.

### 4. Rita caus<:d significant disruption ofoperation ofthe facility's two waste incinerators (the "incinerators"}. Th<: incinerators have the ability to incinerate both municipal solid waste ("MSW"} and 

### hospital, medical and**infectio\L~** 

### waste ("HMJW"). EPA Region 6 

### has confirmed that the facility

# was without power for at least two weeks afterRita. This power outage caused the fil.cility to curtail operations while**in.~pccting** 

### for damage. The facility is not yet back 

### to full 

### operation. Further, as a direct 

### result ofRita, the incinerators have been burning waste 

### (such as food 

### waste) ofa very wet 

### nature. 5. At all times 

### relevantto this Order, Chambers

### County was 

### subject to the lerras 

### ofPcrmlt No. 

### 24247 (lhe"pennit''), issued by

### theTcxosCommission on Environmental Quality ("TCEQ"). In addition, 

### the incinerators are subject to the provisions of40 C.l'.R. Part 60, Subparts Ec 

### and AAAA. 

### Pursuant to 

### its permit 

### and the NSPS regulations 

### referenced above, Chambers County must: a) conduct an annual stack**t~i** 

### no later than 13 

### months after the 

### previous stack lest for the MSW operations ofthe incinerators; and b) 

### conduct an annual performance test no later than 12 months after the previous performance test for lhe HMIW operations oflhe incinerators. 6. In a 

### letter dated 

### Oetober 20, 2005 (and 

### a supplemental letter dated 

### November 10, 2005), Chambers County expressed its 

### concern that the effects ofRita, including the poweroutage and the wet 

### waste feed 

### described in paragraph4, would impactthe Wlllual testing 

### results, and requested an extension of !be**~ime** 

### to conduct the annual: a) stack test ror 

### the MSW operations ofthe 

### incinerators; and • 

### b) performance test for tlte HMIW operations ofthe 

### incinerators. 27. ChambersCounty wa., required to conduct the annual testing by October 28,2005. i\s ofthe date ofthis Order, Chambers County has not conducted the testing. 8. Failure to conduct the annual stack and performance tests is a violation of Chambers County's penni! and 40 C.F.R. §§ 60.56c(c)(l), 60.56c(c)(2), and 60.1295. OR

### PER 9. After a thorough investigation ofthe relevant facts, taking into accow1tthe seriousness of' noncompli\lnce and cflbrtsmade by Chambers Countyto complywith applicableregulations, and based upon the foregoing Findings ofFact and Conclusions ofLaw and pursuant to the authority vested in me under Section 113(a)(3) ofthe Clean Air Act, 42 U.S.C. § 7413(aX3), it is hereby ORDERED that:

a. Ay December 8, 2005, Chambers County shall conduct the annual stack and performance testing required by its permit and the NSPS regulations. b. At all times, Chambers County shall continue to monitor and submit analytical results in accordance with the permit requirements for the incinerators.

c. Chambers County shall submit written notification to EPA and TCEQ within seven (7) days after completing the requirements ofparagraph 9.a. d. Chambers County shall operate the incinerators in accordance with its materials separation plan, all permit tenns, and all federal, state, and local laws, regulations, and ordinances. I0. Anyinformationor**corrcspondence~ubmitted** by ChambersCounty to EPA underthis Order shall 

### be addressed to the fo)lowing:

3Kathleen Aisling Air Enforcement Section (6EN-AA) El'A Region 6 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202-2733 

### Fax: (214) 665-6406 Email: aisling.kathlecn@epa.gov I I. Any information or correspondence submitted by Chambers County to TCEQ under this Order shall be addressed to the following: Richard Clarke Enforcement Manager (Section lll) Texas Conunission onEnvironmental Quality P.O. ll<ix 13087, MC-219 Austin, Texas 78711-3087 GENERAL PROVISIONS 12. The provisions of this Order shall apply to and be binding upon Chambers County, its officers, directors, agents, and employees. 13. Tite provisions of this Order shall be transferable to any other party, upon sale or other disposition ofthe facility. Upon such action, the provisions ofthis Order shall then apply to and be binding upon any new owner/operator, its officers, directors, agents, employees, and any successor(s) in interest. 14. Pursuant to Section 114 of the Act, 42 U.S.C. § 7414, the Administrator or authorized representatives ofEPA, upon presentation ofhis or her credentials, shall have the right of entry into, upon and through the Chambers County facility, for the purpose ofcarrying out any inspections, laking**photo~aphs,** and reviewing any records, and, subject to applicable safety requirements, observing tests, and conducting any tests, which arc deemed by EPA to ' be necessary to ensure compliance with this Order. 4I5. Nothing in this Order shall he construed to ancct EPA's authority under Section 114 ofthe Act, 42 U.S.C. § 7414. 16. Nothingcontained in this Ordershall alTect the responsibility ofChambcrs County to comply with ull other applicable Fcde!"'.d, State or local laws or regulations, including Section 303 ofthe Act, 42 U.S.C. § 7603. 17. Chambers CoWJty bas waived all applicable federal or state requirements ofstatutory notice ofthe alleged violations. FAILURE TO COMPLY Failure to comply with the above Order may resultin an administrative or judicial action tor appropriate injunctive relief, and penalties ofup to $32,500 per day for continued noncompliance with the Order pursuant to Section 113(b) of the Clean Air Act, 42 U.S.C. § 7413(b), or in appropriate cases, criminal penalties. EFFEC"llVE DATE lhlsOrder shall become effective upon signature. Chambers CoWJtyhas the right, pursuant to Section 113(aX4) ofthis Act, 42 U.S.C. § 7413(aX4), to confer Y.ith EPA regarding this matter. In the absence ofa request for conference within seven (7) days ofthe effective date, the right to a conference will be deemed waived

. 

## 11!nlo> ---'---'-----··-- Date 

# .**a£~ ~hnO!evins**  /:Director Compliance Assurance and Enforcement Division



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