From late last year through early 2022, Samsung detected multiple storm- and wastewater discharges brought on by damaged equipment and heavy rainfall at its 2.3 million-square-foot Northeast Austin campus. One spill caused by a broken sump pipe left acidic wastewater leaking from the facility for over three months and was followed by two instances of partially treated water overflowing from an onsite retention pond.
Between those incidents, more than 9 million gallons of wastewater and stormwater from the Samsung campus ended up in the surrounding ecosystem. City watershed protection staff said the first discharge killed off "virtually all" aquatic life in a Harris Branch Creek tributary, which could take years to restore.
The discharges came after another release of wastewater reported at Samsung Austin Semiconductor last May that was found to have a "negligible impact" on the environment.
The Texas Commission on Environmental Quality recently concluded its own investigation into the spills and is now weighing further enforcement and corrective proposals for Samsung.
"Due to the apparent seriousness of the alleged violation, formal enforcement action has been initiated, and additional violations may be cited upon further review. We encourage you to immediately begin taking actions to address the outstanding alleged violation," wrote Shawn Stewart, water section manager for TCEQ's Austin regional office, in a June 10 letter to Samsung's environmental engineer.
In March, Samsung said it had fixed the equipment issue leading to the first spill and was pursuing "continuous improvements" at the facility, as well as supporting ecosystem restoration in the area. Conditions in the affected tributary are now back to normal, a company representative said this month.
"In alignment with our core value of environmental stewardship, we are committed, and had immediately taken action, to fully restore and improve the quality of the unnamed tributary," said Michele Glaze, Samsung's communications and community affairs director, in a June 22 email. "We have been completely transparent with the TCEQ and representatives of other governmental agencies throughout the response. We also regularly engaged with the surrounding community and neighboring property owners to keep them informed of the facts related to the release. We have thoroughly investigated the root cause, added improved monitoring systems and are implementing strong countermeasures to ensure this does not happen again."
State review
The TCEQ's investigation covered the initial discharge of 763,000 gallons of acidic industrial wastewater stretching from January to May as well as two weather-related spills that pushed out more than 8 million gallons of mixed wastewater. Investigators noted Samsung staff found the first, extended spill into the nearby creek tributary resulted in abnormal pH levels in the water and likely killed off wildlife, including several fish, crayfish and clams.
"Based on the findings of this investigation, a violation was cited for failure to prevent an unauthorized discharge into or adjacent to waters in the state. Specifically, the unauthorized discharge had a direct, documented impact on the habitat of the tributary and confluence of Harris Branch by the removal and the killing of aquatic species. The discharge also stained the underwater surface of the creek bed and the vegetation along the creek channel," TCEQ investigator Bryan Maynard wrote.
The following discharges resulted in "no obvious impacts" on nearby creek tributaries, and living wildlife was found along the waterway. A May follow-up check by TCEQ investigators also found "typical" conditions including wildlife in the area.
TCEQ has asked Samsung to provide further documentation of the discharges, and more information on local cleanup efforts and the fixes the company rolled out since. A TCEQ spokesperson confirmed the agency's enforcement case against Samsung is in the works, and a notice of required corrective actions and a possible penalty will be sent to Samsung within about two months. At that point, Samsung could either agree to TCEQ's asks or contest the order.
City monitoring
Austin officials received a briefing on the Samsung spills earlier this spring, during which staff described the discharges as likely unprecedented in the city's history. The Austin Watershed Protection Department has also carried out more than a dozen water quality samples along the affected tributary since January and found pH has since "rebounded" to normal levels. And the city is working with Samsung on improvements to the facility's stormwater pond and pH monitoring.
Earlier this month, City Council passed a resolution aimed at water quality protection and flooding prevention in more environmentally vulnerable areas of Austin. While much of the resolution was directed at development rules with some elements left over from the city's unsuccessful land development code rewrite, the measure also calls for heightened monitoring of "potential watershed threats" downstream from industrial sites—including semiconductor plants.
“This resolution will ensure we have equitable environmental protections throughout the city, which will benefit the health and safety of everyone in our community,” District 9 Council Member Kathie Tovo, who sponsored the item, said in a statement.
Watershed protection staff said the resolution's direction is likely not enough to prevent any future incidents near industrial sites. However, the department will develop a new "predictive tool" to assess risk near such facilities and limit negative effects.
"This could include a background monitoring component for facilities that had discharge permits where there were documented violations or significant concerns around the quality of their operations. These types of proactive studies would not eliminate events like the Samsung discharge but would help mitigate the frequency and damage they imply to our stream systems," said Jennifer Olohan, a department public information specialist, in an email.
