1. Annual Enforcement Report Overview
Kimberly Sladek
Enforcement Division
Office of Compliance and Enforcement
Texas Commission on Environmental Quality
Environmental Trade Fair 2018

2. Texas Water Code §5.126
By December 1 each year, the commission shall prepare an electronic report on its enforcement actions for the preceding fiscal year including:
a comparison with its enforcement actions for each of the preceding five fiscal years;
Number of inspections;
Number of notices of violations;
Number of enforcement actions;
Type of enforcement actions; and
Amount of penalties assessed, deferred, or collected

3. Chapter 1- The Environmental Toolbox
Activities and events coordinated by the Small Business and Local Government Assistance Section.
Investigations and Enforcement Policy including:
Total Investigations
Complaint Investigations
Notices of Violation
Audit Privilege Act (Notices of Intent and Disclosures of Violation)

4. TCEQ Sponsored Seminars
In FY12 there were 164 multi-media site visits, and 107 compliance commitment participants; in FY13 there were 174 multi-media site visits, and 114 compliance commitment participants; in FY14 there were 184 multi-media site visits, and 95 compliance commitment participants; in FY15 there were 184 multi-media site visits, and 101 compliance commitment participants; in FY16 there were 178 multi-media site visits, and 0 compliance commitment participants; and in in FY17 there were 162 multi-media site visits, and 0 compliance commitment participants;

5. Total Investigations Investigations by fiscal year FY12 99,760

6. Notices of Violation Issued
FY12 14,474, FY13 12,868, FY14 15,868, FY15 18,893, FY16 17,913, and FY17 17,274

7. Notices of Intent to Audit and Disclosures of Violation
FY12 there were 586 notices of intent to audit and 270 disclosures of violation, FY13 1,271 notices of intent to audit and 655 disclosures of violation, FY14 1,256 notices of intent to audit and 548 disclosures of violation, FY notices of intent to audit and 895 disclosures of violation, FY16 2,724 notices of intent to audit and 1,191 disclosures of violation, and in FY17 there were 2,142 notices of intent to audit and 2,131 disclosures of violation,

8. Chapter 2 – Dollars and Sense
In this chapter we focus on orders issued (administrative and civil) and associated penalties, providing the following data:
Total number of Administrative Orders issued
Administrative Orders issued by media
Summary of Administrative penalty amounts
Civil Judicial Orders issued
Civil Judicial penalties required to be paid
Approved Supplemental Environmental Projects and costs for both Administrative Orders and Civil Judicial Orders issued

9. Penalties and SEPs in Administrative Orders
FY12 $11,560,506 in penalties and $2,711,108 in SEPS; FY13 $12,670,409 in penalties and $2,733,988 in SEPS; FY14 $10,117,720 in penalties and $2,619,315; FY15 $12,965,643 in penalties and $3,541,115 in SEPS; FY16 $9,261,563 in penalties and $3,482,558 in SEPS; and in FY17 $10,931,597 in penalties and $4,944,336 in SEPS

10. Number of Civil Judicial Orders Civil Penalties Required to be Paid
Summary of Civil Judicial Order Penalty Amounts and SEPs by Fiscal Year FY
Number of Civil Judicial Orders
Civil Penalties Required to be Paid
SEP Costs
2012 48
$57,499,142
$121,500
2013 43
$10,831,280
$138,750
2014 23
$6,178,770 $0
2015 45
$16,168,633
2016 31
$1,281,615
2017 22
$1,329,315
FY12 48 civil judicial orders, $57,499,142 required to be paid, and $121,500 in SEP costs; FY13 43 civil judicial orders, $10,831,281 required to be paid, and $138,750 in SEP costs; FY14 23 civil judicial orders, $6,178,770 required to be paid; FY15 45 civil judicial orders, $16,168,633 required to be paid; FY16 31 civil judicial orders, $1,281,615 required to be paid; FY17 22 civil judicial orders, $1,329,315 required to be paid;
SEPs were no longer allowed in civil judicial cases after 2013;

11. Chapter 3 – The Criminal Element
Texas is a leader and national model in the investigation and prosecution of environmental crime. This chapter discusses the activities of the Texas Environmental Task Force.
Search Warrants
Convictions
Misdemeanor and Felony Counts
Fines collected
Duration of confinement

12. Summary of Criminal Investigation InformationFY
Search Warrants
Cases Resulting in Convictions
Convictions Against Individuals
Convictions Against Corporations
Total Convictions
Felony Counts
Mis-demeanor Counts
2012 8 16 19 5 24 17 12
2013 2 13 9 22
2014 7 27 21 33 18 43
2015 10 11 6
2016 28
2017 15
FY12 8 search warrants, 16 cases resulting in convictions, 19 convictions against individuals, 5 convictions against corporations, 24 total convictions, 17 felony counts, and 12 misdemeanors; FY13 2 search warrants, 12 cases resulting in convictions, 13 convictions against individuals, 9 convictions against corporations, 22 total convictions, 19 felony counts, and 12 misdemeanors; FY14 7 search warrants, 27 cases resulting in convictions, 21 convictions against individuals, 12 convictions against corporations, 33 total convictions, 18 felony counts, and 43 misdemeanors; FY15 5 search warrants, 10 cases resulting in convictions, 11 convictions against individuals, 2 convictions against corporations, 10 total convictions, 19 felony counts, and 6 misdemeanors; FY16 7 search warrants, 19 cases resulting in convictions, 22 convictions against individuals, 5 convictions against corporations, 27 total convictions, 28 felony counts, and 22 misdemeanors; FY17 6 search warrants, 21 cases resulting in convictions, 15 convictions against individuals, 12 convictions against corporations, 27 total convictions, 9 felony counts, and 17 misdemeanors

13. Chapter 4 – Comparative Analysis of Performance
This chapter provides a comparative analysis of the orders issued in the fiscal year.
Comparison by Industry Type
Regulated entities with prior orders
Regulated entities with same or similar violations
Size of regulated entities (businesses or governments)
Percent of citations

14. Percent of Orders Issued by Media Type
Air 11%
Waste 43%
Water 42%
Multi-Media 4%

15. Percent of Industry Types with Same or Similar Violations
Stations with Convenience Stores 27%, Water Supply and Irrigation Systems 19%, Sewage Treatment Facilities 15%, Basic Organic Chemical Manufacturing 8%, Petroleum Refineries 4%, Iron and Steel Pipe and Tube Manufacturing 2%, and Natural Gas Liquid Extraction 2%

16. Percent of Citations in Orders
Media
Section of Rule Cited
Percent
Water
30 TAC § Public Notification
11%
30 TAC § – Regulation of Lead and Copper 8%
Waste
TWC § – Release Detection Requirements; Spill and Overfill Prevention; Corrosion Protection 7%
30 TAC § Release Detection 6%
Air
THSC § Clean Air Act 5%
30 TAC § – Minimum Acceptable Operating Practices for Public Drinking Water Systems
11% Water 30 Texas Administrative Code Section Public Notificaton, 8% Water 30 Texas Administrative Code Section Regulation of lead and copper, 7% Waste Texas Water Code Section Release detection requirements spill and overfill protection corrosion protection, 6% Waste 30 Texas Administrative Code Section Release detection, 5% Air Texas Health and Safety Code Section Clean Air Act, and 5% Water 30 Texas Administrative Code Section minimum acceptable operating practices for public drinking water systems

17. Chapter 5 – Assessment of Emissions Events
Chapter 5 contains data regarding Emissions Events and scheduled maintenance, start up, and shut down activities (30 Texas Administrative Code Chapter 101 Subchapter F).
Number of incidents reported statewide
Incidents reported by Industry Type
Total Quantity of Emissions
Top Contributing Air Contaminants
Incident Investigations by TCEQ
Excessive Emission Events

18. Chapter 6 –Aggregate Production Operations
In Chapter 6 we discuss the APO requirements OF Texas Water Code Chapter 28A.
TCEQ training program
Number of surveys completed
Number of investigations completed
Number of NOVs and NOEs issued
Number of administrative orders
Total penalties to be paid
Number of registered APOs for each region

19. Chapter 7 – Tier II Chemical Reporting Program
In Chapter 7 we discuss the Texas Tier II Chemical Reporting Program and Local Emergency Planning Committee (LEPC) Grant Program
Number of reports received from the regulated community
Amount of fees collected
Number of compliance actions to correct report deficiencies
Number of deficiencies resolved
Number of field investigations
Amount awarded by the grant program to Texas LEPCs

20. Chapter 8 – Results of Enforcement Actions
Chapter 8 provides a statistical analysis of the impact or potential impact formal enforcement actions have on public health and the environment.
Impact Analysis of Administrative and Civil Judicial Orders
Permitting and Process Changes
Clean up, Monitoring, and Recordkeeping Requirements
Pollution Prevention
Top 25 Estimated Pollutant Reductions from Orders Issued

21. Tables– Data for the FY and previous 5 years
Total Investigations Conducted
On-Site Investigations Conducted
Complaints Investigated
Notices of Violations by Regional Offices
Notices of Violations by Central Office
Administrative Orders Issued
Court Orders Issued

22. Appendices – Data for the FY and previous 5 years
List of Administrative Orders Issued
Description of Supplemental Environmental Projects Approved
List of Court Orders Issued
Description of Criminal Convictions Obtained

23. Questions?
Kimberly Sladek (512) TCEQ Annual Enforcement Report - enforcement-reports/annenfreport.html