Final Policy, effective September 1, 1996
Revised January 18, 2002
The TCEQ uses two styles of agreed orders which may be referred
to in short form as “1660-styled” and
“Findings” orders. 1660-styled orders are agreed orders
drafted in accordance with the implementation of Senate Bill 1660
passed in the 74th Legislative Session in 1995. Findings orders are
agreed orders that are drafted with findings of facts and
conclusions of law.
A “Findings” order will be used when any of the
following four criteria is satisfied:
| 1. |
The violation is a gross deviation
from a standard of conduct common in a given industry defined
as: |
| (a) |
indifference to legal duty; |
| (b) |
a manifestly smaller amount of watchfulness than
the circumstance(s) require of an entity or individual acting with
ordinary prudence; or |
| (c) |
absence of management practices designed to ensure
compliance; |
| 2. |
The violation involves an emission or
discharge of contaminants to the environment or other actions
meeting the following criteria: |
| (a) |
People have been exposed to pollutants which
exceed levels that are protective; |
| (b) |
Environmental receptors have been exposed to
pollutants which exceed levels that are protective; |
| (c) |
Unauthorized diversion, taking, or storage of
state water or an unauthorized change in flood elevation of a
stream which deprives others of water, severely affects aquatic
life, or results in a safety hazard, property damage, or economic
loss; or |
| (d) |
Unauthorized emissions which are excessive
emissions events. |
| 3. |
Three repeated enforcement actions
(NOV, CAD, BCA/CA, order, judgment) over the prior five year period
for the same violation or a substantial history of the same
violation entity-wide (same violation for the same process or waste
management practice at 60% of the plants owned by the entity).
Three repeated enforcement actions over the prior five year period
for the same violations or substantial history of the same
violation by the same individual who is required to be registered
certified, or licensed by TCEQ prior to performing certain
activities. An exception for nuisance violations, the criteria is
two prior enforcement orders/judgments having the same general
cause. |
| OR |
| 4. |
Regardless of specific violations, a
respondent has demonstrated a pattern of disregard for
environmental laws. This is a judgment to be made by the
enforcement coordinator, investigator, legal staff and appropriate
managers. |
