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TCEQ adopts enforcement orders but remands one case for further development
Summary
The commission approved enforcement docket items 8–14 and 16–22, covering administrative penalties totaling $351,294, but remanded item 15 to the Executive Director for clarification of ordering provisions requiring an immediate cessation and a 180‑day corrective action period.
The Texas Commission on Environmental Quality on Nov. 19 approved a slate of enforcement orders (items 8–14 and 16–22) and remanded item 15 to the executive director for further case development to clarify certain corrective provisions.
Staff presented items 8 through 22 with total assessed administrative penalties of $351,294, of which $40,116 were deferred, $58,781 applied toward supplemental environmental projects and $252,397 designated for general revenue. The commission adopted the recommended orders, except for item 15, where commissioners sought clarification.
Item 15 involved two ordering provisions related to Undeam Texas LLC following an unauthorized discharge of sand waste from a sand‑settling tank. The order required (1) an immediate cessation of discharging sand waste from the tank and (2) beginning to capture sand waste within 180 days. Commissioners questioned how the immediate cease‑and‑a 180‑day compliance timeline would operate together and asked staff to clarify whether the provisions could be read as rendering the immediate requirement ineffective. Enforcement staff said they rely on agreement with respondents on corrective actions and timelines and that the provisions reflected negotiated corrective action timing.
The commission voted to adopt the other enforcement items and remand item 15 to the ED for clarification and case development. The remand was intended to polish ordering language so the immediate cessation requirement retains effect while allowing a feasible timeline for implementing engineering remedies.
Provenance: Enforcement docket presentation at transcript times 6680.72–7027.475.
