joint groundwater report - Texas Commission on Environmental ...

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enforcement activities related to the municipal solid waste, industrial and hazardous waste, petroleum storagetank, agricultural and watershed management, water utilities, and public water supply programs. Office ofCompliance and Enforcement program descriptions are included for the Compliance Support, Enforcement,and Field Operations Divisions.Compliance Support DivisionThe Compliance Support Division (CSD) contributes to the protection of the state’s <strong>groundwater</strong> resourcesby functioning as a licensing entity certifying those environmental professionals who design, construct,install, remove, operate, and maintain environmentally sensitive equipment, facilities, and systems providingcommercial and residential irrigation, water and petroleum storage, drinking water protection and treatment,wastewater processing, on-site sewage facilities, and waste disposal services.The Compliance Support Division issues 18 different types of certifications lending protection to the<strong>groundwater</strong> resources of <strong>Texas</strong>. During 1997, the CSD maintained more than 50,000 certifiedenvironmental professionals, issued more than 32,000 new and renewal certifications, administered more than12,000 examinations, and conducted more than 400 enforcement investigations.The CSD also contributes to protection of <strong>groundwater</strong> by the timely processing and accurate review ofcertification applications to include all education, training, experience and examination qualificationrequirements, the administration and validation of certification examinations; the development and approvalof training courses and instructors; the efficient issuance of new and renewal certificates; the investigationand resolution of competency reviews and enforcement cases; and the establishment and maintenance ofcertification rules and standards. The CSD additionally provides technical assistance to environmentalprofessionals reinforcing the state’s voluntary compliance frontline for <strong>groundwater</strong> pollution prevention andnatural resource conservation. Note: Effective September 1, 1997 the Water Well and Pump Installerprograms were transferred to the <strong>Texas</strong> Department of Licensing and Regulation and is discussed later in theprogram description for that agency.On-Site Sewage Facilities. The Compliance Support Division administers the regulation of on-site sewagetreatment facility (OSSF) construction as authorized in Chapter 366, <strong>Texas</strong> Health and Safety Code andguided by Chapter 285, <strong>Texas</strong> Administrative Code. The <strong>Texas</strong> Department of Health (TDH) began thepermitting and regulation of OSSFs in counties without approved waste control orders on September 1, 1989.On March 1, 1990, installers and inspectors had to be trained and tested, and installers were required to becertified. On March 1, 1992, all duties and obligations of TDH relating to OSSFs were transferred to theTNRCC. The On-Site Wastewater Installer Program was moved to the Field Operations Division onSeptember 1, 1994. Subsequently, it was again moved to the Compliance Support Division on July 1,1997, in an effort to consolidate professional certification programs within the TNRCC. This final movecoincided with the publishing of new rules on February 5, 1997 for the OSSFs and the implementation of acertification of On-Site Sewage Facilities Installers, Apprentices, Designated Representatives, and SiteEvaluators which had been approved on December 18, 1996. The regulations require that new OSSFs bedesigned and constructed, using current technology, and that older failing systems be brought up to currentstandards. Additionally, continuing education training is a requirement for OSSF professionals to maintaintheir annual state certification. The program also performs compliance reviews of local regulating entities toevaluate their enforcement of the state’s minimum requirements.32
Status of Groundwater Monitoring Programs. The Compliance Support Division’s contaminationinvestigation program is generally a complaint response program. The programs in the division do notinvolve the monitoring of <strong>groundwater</strong> in association with a regulated activity in order to detectcontamination. When appropriate during certain remediation or enforcement activities involving<strong>groundwater</strong> contamination, the TNRCC may perform or require <strong>groundwater</strong> monitoring to evaluateremediation progress or success.Status of Groundwater Contamination. The Compliance Support Division is providing technicalassistance on more than 126 OSSF cases. None of these cases currently involve monitoring for <strong>groundwater</strong>contamination. Construction of an OSSF treatment and disposal system must be isolated from certain areassuch as water wells, lakes, roads, and other objects subject to contamination from the OSSF or which mayprevent the proper operation of the system. Additionally, no individual may install, construct, alter, extend,or repair an OSSF unless the individual holds a valid certification issued by the executive director of theTNRCC or has a valid exemption.Enforcement DivisionProgram Description. The Enforcement Division was created on September 1, 1995, to centralize theTNRCC’s enforcement activities into a single division. The Enforcement Division now contains threesections: Air, Water, and Waste.Although the Waste Section of the Enforcement Division is responsible for enforcement issues that involvethe Industrial and Hazardous Waste (IHW), Municipal Solid Waste, and Petroleum Storage Tank programareas, only IHW sites are listed under the Enforcement Division’s jurisdiction in this <strong>report</strong>. Groundwaternoncompliances addressed by the Waste Section include violations of §26.121 of the <strong>Texas</strong> Water Codewhich prohibits unauthorized discharges into or adjacent to any water in the state.The Water Section of the Enforcement Division coordinates the development of all noncompliance cases forthe Agriculture, Watershed Management, and Water Utilities programs. The section enforces water qualityprotection provisions under the <strong>Texas</strong> Water Code, <strong>Texas</strong> Health and Safety Code, state rules, water qualitypermits, and orders issued by the TNRCC.Both sections track noncompliances, issue agreed orders, and pursue litigation in extreme cases through theOffice of the <strong>Texas</strong> Attorney General.Status of Groundwater Monitoring Programs. The Waste Section oversees approximately 200 sites thatare required to monitor <strong>groundwater</strong> contamination in accordance with the <strong>Texas</strong> Administrative Code orRCRA regulations.The Water Section currently provides enforcement support for 10 active Water Quality Division cases thatare either in a planning, assessing, <strong>report</strong>ing, or remediation phase. The active enforcement cases involvedocumented violations of the Water Code, permits, orders, or rules that have the potential to cause<strong>groundwater</strong> contamination.Status of Groundwater Contamination. The Waste Section of the Enforcement Division has included 178cases with confirmed <strong>groundwater</strong> contamination in Table 1 of this <strong>report</strong> under the heading “ENF/WST.”Sixteen of the cases are new in 1997. Twenty-two of the facilities have impacted water wells; however, none33
Page 5: Table of ContentsACRONYMS .........
Page 8 and 9: ACRONYMSAgencies, Divisions, and Pr
Page 10 and 11: The report further
Page 12 and 13: groundwater qualit
Page 14 and 15: Describing an agency's enforcement
Page 16 and 17: Figure 2a. Groundwater Contaminatio
Page 19 and 20: GROUNDWATER PROTECTIONThe following
Page 21 and 22: core program compliance, thus provi
Page 23 and 24: ability to remove or treat all cont
Page 25 and 26: approach that will expedite remedia
Page 27 and 28: Reporting Unauthorized Discharges a
Page 29 and 30: county judges and county health ent
Page 31 and 32: USER’S GUIDEThe remaining portion
Page 33 and 34: Figure 3. Contamination Case Descri
Page 35 and 36: Figure 4. Enforcement Status Matrix
Page 37 and 38: Activity Status CodesOnce g
Page 39: GROUNDWATER PROTECTIONPROGRAM DESCR
Page 43 and 44: Industrial and Hazardous Waste Divi
Page 45 and 46: Since 1975, when the first Class II
Page 47 and 48: supplies from IHW's Class I Undergr
Page 49 and 50: 29 chemical parameters. Subsequent
Page 51 and 52: due to completed action from this a
Page 53 and 54: Status of Groundwater Monitoring Pr
Page 55 and 56: state agencies which have jurisdict
Page 57: systems have 8,131 entry points sup
Page 60: Figure 7. Texas Wa
Page 63 and 64: The RCT also responds to citizen co
Page 65 and 66: aquifers and stream baseflow. At th
Page 67 and 68: Texas Department o
Page 69 and 70: Texas State Soil a
Page 71 and 72: Texas Alliance of
Page 73 and 74: Prior to the plugging of six monito
Page 75 and 76: egan a research study of the fresh
Page 77 and 78: High Plains Underground Water Conse
Page 79 and 80: Hill Country Underground Water Cons
Page 81 and 82: An artesian brine aquifer called th
Page 83 and 84: Plateau Underground Water Conservat
Page 85 and 86: effort will allow the district to c
Page 87 and 88: and methods to better evaluate wher
Page 89: Texas Department o
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Table 1Texas Natur
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TABLE 1GROUNDWATER CONTAMINATION CA
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Table 2Railroad Commission<
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Table 3Texas Allia
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APPENDICESAppendix 1. Texas
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Appendix 1. Texas
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Texas State Soil a
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Appendix 2. Texas
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Appendix 3. Groundwater Classificat
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Figure 15. Groundwater Classificati
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Appendix 4. Texas
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Appendix 5. TNRCC Spill Prevention
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working days of the discovery of th
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A-19
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A-21
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A-23
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Appendix 7. Agency and District Con
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Edwards Aquifer AuthorityEmerald Un
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Appendix 8. Agency Central Records
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Appendix 9. Other Reports and Publi
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impact on the quality of the state'
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