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

2. 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

3. 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.”

4. 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.

5. 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

6. 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

7. 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

8. 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).

9. 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

10. 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)

11. 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.).

12. 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

13. 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.

14. 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.

15. 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.

16. 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

17. 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

18. Helpful Resources
Assigned Enforcement Coordinator or Order Tracker
Small Business & Local Government Assistance (SBLGA) Hotline
M-F 8:00am-5:00pm