Enforcement Division Overview Melissa Cordell, P.G. Enforcement Division Office of Compliance and Enforcement Texas Commission on Environmental Quality Environmental Trade Fair 2019

OCE Organization Enforcement Division Tracy Miller – Special Assistant Ramiro Garcia, Jr. – Deputy Director Enforcement Division Critical Infrastructure Division Monitoring Division North Central & West Texas Area Border & Permian Basin Area Coastal & East Texas Area Central Texas Area Program Support & Env. Assistance Division Tracy Miller – Special Assistant Susan Johnson – Special Assistant Monica Aplin –Executive Assistant

OCE Mission Statement “The Office of Compliance and Enforcement is dedicated to protecting human health and the environment by ensuring compliance with state and federal regulations. The office seeks to promote voluntary compliance through a comprehensive program of regional inspections, technical assistance, environmental monitoring, training and outreach. When enforcement is necessary, however, the office will take swift action that is fair, sensible and responsive to the needs of the citizens of Texas.”

Enforcement Division Organization Bryan Sinclair Director Laurie Eaves Water Section Manager Enforcement Team 1 Water Quality Enforcement Team 3 Michael De La Cruz Air Section Enforcement Team 4 Air & Audit Privilege Act Enforcement Team 5 James Gradney Waste Section Enforcement Team 6 Waste/PST Enforcement Team 7 Lynley Doyen Compliance Monitoring Section Manager Compliance Monitoring Team Order Compliance Team 1 Order Compliance Team 2 Megan Hamilton Drinking Water Section Manager Enforcement Team 2 Public Water Supply Enforcement Team 8 David Bower Special Assistant Melissa Cordell Asst. Director Division Support Team Special Functions Team Ecko Beggs Executive Asst.

What does the Enforcement Division Do? Develop Enforcement-related documents Track compliance with effective orders Administer the Compliance Monitoring Program under the Texas Pollutant Discharge Elimination System (TPDES) Administer third-party Supplemental Environmental Projects

Enforcement Division Responsibilities - continued Administer the Compliance History program Prepare and Publish Monthly and Annual Enforcement Reports Implement the Texas Environmental, Health, and Safety Audit Privilege Act

Enforcement Order Flowchart EAR Assigned To EC Screening Initial Draft Agreed Order Mailed to Respondent Settlement Achieved ? 30 - Day Public Comment Period Commission Agenda ED Agenda Agenda Path Determination Yes Referral to Litigation NO Definitions / Notes : EC = Enforcement Coordinator Enforcement Action Referral ED Executive Director Closure OR Referral to Order Compliance Team or Financial Administration Division

Orders Issued in FY 2018 1,370 Administrative Orders 34 Civil Judicial In FY 2018, the TCEQ issued 1,370 administrative orders and assisted the OAG in obtaining 34 civil judicial orders. The figure displays the percentage of orders issued during FY 2018 by media type (air, waste, water, and multi-media).

Track Compliance with Effective Orders Monitors compliance of Commission-issued orders, court orders, and compliance agreements until compliance is achieved or the case is referred for further enforcement action Approximately 60% of administrative orders are transferred for monitoring and tracking. Currently tracking ~2,100 cases

Administer Compliance Monitoring Program under TPDES ~4,000 permitted wastewater treatment facilities Mails Notices of Violation and Notices of Enforcement for permit violations Supports NetDMR reporting system Ensure state-related data is uploaded and accurate in the federal database (ICIS-NPDES)

Administer Third-Party Supplemental Environmental Projects Respondent contributes to a pre-approved SEP performed by a Third- Party Example: Collection events where local citizens may bring items for proper disposal at no cost, such as Tires or select Household Hazardous Waste, Electronics; and/or Large Solid Waste items (old mattresses, brush and limbs, etc.).

Compliance History Program 30 Tex. Admin. Code Chapter 60 Standard for evaluating & classifying Applicable to over 394,000 Regulated Entities Required when making decisions regarding: Enforcement Permitting Announced Investigations Participation in Innovative Programs

Monthly Enforcement Report Texas Water Code § 7.003 Includes enforcement actions taken by the Commission or others and the resolution of those actions. An item for Commission discussion at a meeting of the Commission for which public notice is given. Includes enforcement actions involving a suit filed for injunctive relief or civil penalties, or both.

Annual Enforcement Report Texas Water Code § 5.126 Prepare an electronic report on its enforcement actions for the preceding fiscal year; Include a comparison with its enforcement actions for each of the preceding five fiscal years; and Provide the report to the Governor, Lieutenant Governor, and Speaker of the House of Representatives.

Texas Environmental Health and Safety Audit Privilege Act Statistics The TCEQ’s traditional enforcement efforts have been enhanced by voluntary environmental self-audits conducted at facilities under the Texas Environmental, Health, and Safety Audit Privilege Act (“Audit Act”). This legislation encourages businesses and governments subject to environmental regulation to perform comprehensive assessments of compliance with environmental laws, regulations, and permits for their own facilities. Organizations who participate in the Audit Act are required to notify the TCEQ of their intent to self-audit and then fully disclose and resolve violations resulting from the audit. The TCEQ ensures that all violations disclosed under this program are corrected, and, provided that certain conditions of the Audit Act are complied with, the participants in this program may not be subject to civil and administrative penalties. Figure depicts a summary of the Notices of Audit and Disclosures of Violation that have been received by the TCEQ from FY 2013 through FY 2018.

How does the Enforcement Division meet the OCE Mission? Swift Action Develop, review, and monitor enforcement actions Fair, Sensible, and Responsive Communicate with the Regulated Entities Use case-specific facts Apply rules and policies

What does the Enforcement Division NOT do? Conduct on-site field investigations Collect original checks for penalty payments Develop Custom or Compliance SEPs Financial Inability to Pay Assessments

Helpful Resources Assigned Enforcement Coordinator or Order Tracker 512-239-2545 Small Business & Local Government Assistance (SBLGA) Hotline 1-800-447-2827 M-F 8:00am-5:00pm www.TexasEnviroHelp.org