TCEQ adopts enforcement orders but remands a fatality-linked case to attorney general

The Texas Commission on Environmental Quality on Feb. 13 approved the enforcement docket items 6 through 9 and 11 through 28, representing assessed administrative penalties, supplementary environmental project amounts and allocations to general revenue, and remanded a single enforcement matter (item 10) for referral to the Office of the Attorney General.

TCEQ enforcement staff told the commission that the total assessed administrative penalties across items 6–28 are $863,496, with $37,506 deferred, $84,875 applied toward supplemental environmental projects, and $741,115 payable to the state's general revenue. Staff indicated they were available to answer questions about specific orders.

Commission discussion focused on item 10, which staff described as involving two fatalities and multiple hospitalizations related to the respondent’s operations. Commissioners noted the seriousness of the incident and the fact that the Attorney General’s office had already commenced litigation against the respondent at the same facility. After discussion, the commission remanded item 10 to the executive director with instructions to refer the violations to the Texas Attorney General for inclusion in pending litigation; the remainder of the enforcement docket (items 6–9 and 11–28) was adopted as recommended by the executive director.

Commissioners also described the agency’s pre-enforcement outreach process, noting that enforcement actions follow notices of violation, Office of Legal Services written notices and on-site compliance checks, and that the agency generally offers multiple opportunities to come into compliance before issuing orders that, in extreme instances, can include shutdowns.

The motion to remand item 10 to the executive director for referral to the Attorney General and to adopt the remaining enforcement items passed on an affirmative vote.