TCEQ Panel Reviews Violations Against Patrick Mora's Houston UST System

In a recent meeting of the Texas Commission on Environmental Quality (TCEQ), the spotlight turned to a contentious case involving a Houston-based underground storage tank operator, Patrick Mora. The discussion revolved around two significant violations: the failure to demonstrate financial assurance for potential damages from accidental releases and the failure to update the tank registration within the required timeframe after the tanks were reported empty.

The Administrative Law Judge (ALJ) confirmed that the Executive Director of TCEQ had adequately proven these violations and that the proposed administrative penalty was calculated fairly, adhering to TCEQ's established penalty policy. Notably, the proposed penalty reflected reductions due to Mora's good faith efforts to comply with regulations after receiving a notice of enforcement in late 2022. Mora had submitted an updated registration form and conducted a site check that alleviated the need for financial assurance.

However, Mora contested the findings, asserting that many of the allegations against him were unfounded. He presented evidence, including emails and documentation, claiming he had notified TCEQ about the status of the tanks and that the delays in registration were due to administrative issues within the agency. Mora emphasized that he had never operated a convenience store, which was cited as part of the violations, and instead operated a barbershop on the property.

The TCEQ's Public Interest Council, represented by Garrett Arthur, acknowledged Mora's compliance efforts but maintained that the violations warranted a penalty. Arthur noted that while the Executive Director had already made significant adjustments to the penalty, a remaining amount of $5,000 was necessary to uphold the integrity of the enforcement system.

As the meeting progressed, Mora's rebuttal highlighted his commitment to rectifying the situation and his frustrations with the process. He expressed a desire to reopen his business and emphasized his compliance history, arguing that he had taken substantial steps to address the violations.

The TCEQ commissioners are now tasked with deciding whether to adopt the ALJ's proposed order, which has been amended to reflect the Executive Director's recommendations. The outcome of this case could set a precedent for how similar violations are handled in the future, balancing the need for regulatory compliance with the recognition of good faith efforts by operators.