TCEQ adopts enforcement orders, remands one case for further development; monthly enforcement report delivered

The Texas Commission on Environmental Quality on Feb. 27 adopted enforcement orders for items 6–8 and 10–26 as recommended by the Executive Director and remanded item 9 to the executive director for further case development to pursue a more stringent ordering provision.

Melissa Cordell of the Enforcement Division presented items 6–26, reporting total assessed administrative penalties of $664,944 for the docket with $117,224 deferred, $127,544 applied to supplemental environmental projects (SEPs), and $420,176 directed to general revenue. Commissioners and staff discussed item 9, where an ordering provision appeared to allow a respondent to continue operating while it applies for a permit. Commissioner Katerina Gonzalez expressed concern that the ordering language could incentivize unauthorized operations and asked that item 9 be remanded so staff can pursue an ordering provision requiring respondents to cease operations until fully authorized. The commission remanded item 9 for further case development and adopted the remaining enforcement items on the agenda for the docket.

The commission also received the monthly enforcement report for fiscal year 2025 through December. Amy Sedemeyer reported 340 effective administrative orders issued (33 with SEPs) and a total of $4,635,859 in assessed fines, with a payable amount of $2,833,099. There are 3,084 pending administrative orders and 1,479 cases on the backlog. Staff said 27 cases are pending the attorney general's office for representation and no judgments had been issued at that time.

OPIC reviewed the enforcement items and supported adoption of all orders except item 9. A motion to remand item 9 and adopt items 6–8 and 10–26 passed on an aye vote.