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 of Chambers 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 of the Clean Air Act This Order is based on 

information that Chambers County provided 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 Order does not levy any penalties. 

'The EPA i& committed to ensuring compliance with the requirements of the Clean Air Act, 

and my staff will assist you in any way possible. Your coope!lllion and prompt attention will be 

appreciated. If you have any questions, please contact Ms. Kathleen Aisling, of my staJT, at 

(214) 665-6406. 

Enclosure 

cc: Glenn Shankle, TCEQ 

Don Thompson, TCEQ Region 12 

Sincerely yours, 

Director 

Compliance Assurance and 

Enforcement Division 

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UNITED STATES 

gNVIRONMENTAL PROTECfiON AGENCY 

REGION6 

In the Matter of 

MUNICIPALITY OF 

CHAMBERS COUNTY 

Anahuac, Texas 

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ADMINISTRATIVE 

COMPLIANCE 

ORDER 

STATEMENT OF Alfll!ORlTY 

('-: ''- 'J • ~ ,,. 

The following A;dmin.istmlive Compliance Order("Order") is issued pursuant to the authority 

of Section 113(aX3) of the Clean Air Act, 42 U.S.C. § 741 J(a)(3) (hereinafter refe!Ted to as "the 

Act"). Section ll3(aX3) of the Aetauthoril'.e\S the Administnuor of the United States Environmental 

Protection Agency ("EPA") to issue an Order requiring compliance to any person whom the 

Administrator fmds to be in violation of the Act. The authority to issue this Order has been 

delegated to the Director of the Compliance Assurance and Enforcement Division, EPA, Region 6. 

FINDINGS QF Ft\CI AND CONCLUSIQNS QF LAW 

I. The Municipality of Chambers County ("Chambers County") is a municipality chartered 

under the laws of the State of Texas, and as such, is a "person" as that tenn is defined in 

Section 302(e) of the 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 September 23, 2005, Hurri~ Rita ("Rita") struck the Texas coast, causing wide-spread 

devastation and poweroula(!;cs to the area including Gulf Coast facilities located in southeast 

Texas. 
4. Rita caus<:d significant disruption of operation of the 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 after Rita. 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) of a very wet nature. 

5. At all times relevant to this Order, Chambers County was subject to the lerras ofPcrmlt No. 

24247 (lhe"pennit''), issued by the Tcxos Commission on Environmental Quality ("TCEQ"). 

In addition, the incinerators are subject to the provisions of 40 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 of the incinerators; and 

b) conduct an annual performance test no later than 12 months after the 

previous performance test for lhe HMIW operations of lhe 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 of Rita, including the power outage 

and the wet waste feed described in paragraph 4, would impact the Wlllual testing results, and 

requested an extension of !be ~ime to conduct the annual: 

a) stack test ror the MSW operations of the incinerators; and 

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b) performance test for tlte HMIW operations of the incinerators. 

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7. Chambers County wa., required to conduct the annual testing by October 28,2005. i\s oft he 

date of this 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 of the relevant facts, taking into accow1tthe seriousness of' 

noncompli\lnce and cflbrts made by Chambers County to comply with applicable regulations, 

and based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the 

authority vested in me under Section 113(a)(3) of the 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 of paragraph 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. 

I 0. Any information or corrcspondence~ubmitted by Chambers County to EPA under this Order 

shall be addressed to the fo)lowing: 

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Kathleen 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 on Environmental 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 of the facility. Upon such action, the provisions of this 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 of EPA, upon presentation of his or her credentials, shall have the right of 

entry into, upon and through the Chambers County facility, for the purpose of carrying 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 

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be necessary to ensure compliance with this Order. 

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I 5. Nothing in this Order shall he construed to ancct EPA's authority under Section 114 of the 

Act, 42 U.S.C. § 7414. 

16. Nothing contained in this Order shall alTect the responsibility ofChambcrs County to comply 

with ull other applicable Fcde!"'.d, State or local laws or regulations, including Section 303 

of the Act, 42 U.S.C. § 7603. 

17. Chambers CoWJty bas waived all applicable federal or state requirements of statutory notice 

of the alleged violations. 

FAILURE TO COMPLY 

Failure to comply with the above Order may result in an administrative or judicial action tor 

appropriate injunctive relief, and penalties of up 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 

lhls Order shall become effective upon signature. Chambers CoWJty has the right, pursuant 

to Section 113(aX4) of this Act, 42 U.S.C. § 7413(aX4), to confer Y.ith EPA regarding this matter. 

In the absence of a request for conference within seven (7) days of the effective date, the right to a 

conference will be deemed waived . 

11!nlo> ---'---'-----··--

Date ~hnO!evins 

. a£~ 

/:Director 

Compliance Assurance and 

Enforcement Division 

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