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TCEQ adopts enforcement orders totaling $890,413; staff explains default order and outreach to respondent
Summary
The commission approved enforcement docket items 8 through 35, totaling $890,413 in assessed administrative penalties, and heard public comment from a respondent who said he did not receive notice; enforcement staff described multiple service attempts and certified service via the Texas Secretary of State.
The Texas Commission on Environmental Quality adopted enforcement docket items 8 through 35, approving administrative orders that together assess $890,413 in administrative penalties, including $136,940 deferred, $279,730 applied toward supplemental environmental projects, and $469,016 to general revenue.
During the enforcement segment a remote commenter, Vijay (name in transcript: Vijay Bean Subramaniam), addressed the commission regarding a default order tied to a spill response matter. He said he believed the cleanup and insurance had been handled, described long-running difficulty obtaining follow-up payments from an insurer, and indicated he would pay a $2,600 penalty if required.
TCEQ litigation staff explained the item under consideration was a default order and described extensive notice and outreach efforts: certified mailings to the address on file, re-mailings after undeliverable returns, service via the Texas Secretary of State under the Business Organizations Code, telephone calls and a 10-day warning letter sent before the agenda. Staff said no answer or hearing request had been filed and that staff had attempted to obtain a final cleanup report and worked with the company that conducted the cleanup. Enforcement division staff confirmed the spill was approximately 75 gallons of diesel in April 2021 and that cleanup occurred; the outstanding need was a final report and the administrative penalty payment.
The Office of Public Interest Counsel told commissioners OPIC supports adoption of the enforcement orders. Commissioners then voted to adopt items 8 through 35 as recommended by the executive director.
Why it matters: The enforcement docket resolves multiple compliance matters and records the agency's efforts to obtain compliance documentation and administrative penalties. The discussion highlighted both the agency's formal service methods and the practical issues small businesses and individuals may experience when contact information changes or private contractors change ownership.
Next steps: Respondents with outstanding documentation or penalty amounts will be responsible for submitting final reports and payments as required by the adopted orders; enforcement staff indicated they remain available to assist with obtaining the final cleanup report.
