ODEM, Texas — Odem city officials directed a contractor to make repairs to the city's wastewater treatment plant, but only hire companies that would not report deficiencies back to the Texas Commission on Environmental Quality (TCEQ).
A memo, obtained by 6 Investigates, signed by former Odem Mayor Virginia Garza and former City Administrator Janie Martinez details the repairs needed at the facility, but also the need to keep those issues from TCEQ.
"The city recognizes that the sewer plant has issues that were recognized back in 2016 and were not addressed at that time. The city recognizes that the issues with TCEQ have not been resolved," the memo stated. "Furthermore, the issues with the sewer plant were never reported to TCEQ back in 2016 and to this date they are still not reported. As the city doesn’t want to acquire any more fines."
Garza was the Mayor of Odem from 2020 to 2022.
According to the memo, David Pena, a licensed contractor, was hired to make repairs and clean the wastewater treatment plant. He was given approval to purchase any chemicals necessary for these repairs. He was also allowed to use his own equipment and hire any subcontractor needed to complete these tasks, with one caveat.
"He is not to hire any sub-contractor or company that might report back to TCEQ," the memo stated.
When reached by phone Thursday, Garza said it was not the intention of the city to withhold violations from the TCEQ, and that during her two-year tenure as mayor she tried to address the historic problems with the facility. She said the contractor was directed to report any problems to the City Council and they in turn would notify TCEQ.
Garza also said many of the issues she could not speak about because they were discussed during executive sessions of the City Council meetings.
"I'm not allowed to talk about it because there was some serious issues going on with our sewer plants," she said. "The reason for that not to be coming out is that we could, we could be fined, a big fine if those were to come out."
6 Investigates sent TCEQ a copy of this document and asked for the status of repairs, the result of a visit to the facility on Wednesday, and if they were aware of the directives issued in this memo.
Have you been made aware of these intentions?
On July 27, 2023, the TCEQ was provided with a copy of the referenced notice. The City contacted the TCEQ on August 16, 2023, indicating that their licensed operator resigned. The TCEQ directed the City to the TCEQ’s Small Business and Local Government Assistance Program.
What is the status of the city’s requirements to address these water quality issues?
The TCEQ is currently tracking compliance with the ordering provisions and a compliance Supplemental Environmental Project (SEP) that are included in TCEQ Agreed Order Docket No. 2019-0255-MWD-E. The SEP project includes repairs to twelve lift station pumps at the wastewater facility and was originally to be completed by August 28, 2021.
On August 30, 2021, an extension request was received and approved for 90 days due to delays in equipment being delivered. On December 7, 2022, another extension request was received due to issues with material order time, weather setbacks, contractor issues, and city budget delays, and TCEQ approved the deadlines for 180 additional days. The TCEQ received an extension request from the City for the SEP dated July 18, 2023, to have a new proposed completion date for the project of April 30, 2024.
No documentation was provided to the TCEQ to demonstrate that the City had purchased items and started the project. Based upon the reviewed information, on August 15, 2023, the TCEQ sent a letter denying the City’s extension request. In the letter, the TCEQ requested that the City submit documentation demonstrating progress toward completing the SEP by August 29, 2023.
Additionally, we understand TCEQ was at the city today to conduct an inspection, what was the result of that inspection?
An investigation was conducted on August 23, 2023, and is currently on-going. The TCEQ will follow agency enforcement policy for any non-compliances noted. Additional information on the TCEQ’s enforcement process can be found at: https://www.tceq.texas.gov/compliance/enforcement [tceq.texas.gov].
Odem Mayor David Maldonado said he recently received a copy of the memo and reported its contents to the full council.
"That was really concerning to me that that, you know, that this would be some direction that someone would give in a situation like this," Maldonado said.
Also concerning to Maldonado were the hundreds of thousands of dollars paid to fix the wastewater treatment plant. On Thursday he said the problems at the facility have not been resolved and the council is looking into any legal remedies it may have.
A few of the issues that remain include the replacement of several pumps damaged during the freeze of 2021 and a non-functioning ultraviolet lighting system, Maldonado said.
And while former Mayor Garza said she was given authorization by the City Council in executive session to approve invoices for these repairs, Maldonado said city ordinance would not have allowed for unilateral approval of any purchase over $25,000.
Additionally, state purchasing laws require the city to seek a request for qualifications when the aggregate of any repair or contract totals over $50,000.
As KRIS 6 News has previously reported, the City of Odem is nearly broke. Documents obtained by 6 Investigates revealed that the city is spending twice as much in expenses every month than it collects in revenue.
Maldonado said on Thursday that the only revenue currently being collected by the city is in utilities and that it has one certificate of deposit valued at $250,000. He said the city needs $1 million to "keep the lights on" for the remainder of the year.
