Annual Enforcement Report Overview KIMBERLY SLADEK ENFORCEMENT DIVISION
Annual Enforcement Report Overview KIMBERLY SLADEK ENFORCEMENT DIVISION OFFICE OF COMPLIANCE AND ENFORCEMENT TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ENVIRONMENTAL TRADE FAIR 2018
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
Chapter 1 - The Environmental Toolbox Activities and events coordinated by the Small Business and Local Government Assistance Section. Investigations and Enforcement Policy including: v. Total Investigations v. Complaint Investigations v. Notices of Violation v. Audit Privilege Act (Notices of Intent and Disclosures of Violation)
TCEQ Sponsored Seminars 200 180 160 140 120 100 80 60 40 20 0 Multi-Media Site Visits Number of C 2 Participants 2012 164 107 2013 174 114 2014 184 95 2015 184 101 2016 178 0 2017 162 0
Total Investigations 120, 000 109, 701 110, 000 105, 781 103, 006 100, 000 102, 315 104, 146 2017 99, 760 90, 000 2012 2013 2014 2015
Notices of Violation Issued 20, 000 18, 893 16, 000 14, 000 17, 913 17, 274 15, 865 14, 474 12, 000 12, 868 10, 000 8, 000 6, 000 4, 000 2, 000 0 2012 2013 2014 2015 2016 2017
Notices of Intent to Audit and Disclosures of Violation 3, 000 2, 500 2, 000 1, 500 1, 000 500 0 2012 2013 2014 Notice of Intent to Audit 2015 2016 Disclosure of Violation 2017
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 Summary Orders issued by media 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
Penalties and SEPs in Administrative Orders
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 $0 2016 31 $1, 281, 615 $0 2017 22 $1, 329, 315 $0
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 Fines and Felony Counts collected Duration of confinement
Summary of Criminal Investigation Information FY Search Warrants Cases Resulting in Convictions Against Individuals Convictions Against Corporations Total Convictions Felony Counts Misdemeanor Counts 2012 8 16 19 5 24 17 12 2013 2 12 13 9 22 19 12 2014 7 27 21 12 33 18 43 2015 5 10 11 2 10 19 6 2016 7 19 22 5 27 28 22 2017 6 21 15 12 27 9 17
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
Percent of Orders Issued by Media Type
Percent of Industry Types with Same or Similar Violations
Percent of Citations in Orders Media Section of Rule Cited Percent Water 30 TAC § 290. 122 - Public Notification Water 30 TAC § 290. 117 – Regulation of Lead and Copper Waste TWC § 26. 3475 – Release Detection Requirements; Spill and Overfill Prevention; Corrosion Protection 7% Waste 30 TAC § 334. 50 - Release Detection 6% THSC § 382. 085 - Clean Air Act 5% Air Water 30 TAC § 290. 46 – Minimum Acceptable Operating Practices for Public Drinking Water Systems 11% 8% 5%
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 Total Top reported by Industry Type Quantity of Emissions Contributing Air Contaminants Incident Investigations by TCEQ Excessive Emission Events
Chapter 6 –Aggregate Production Operations In Chapter 6 we discuss the APO requirements OF Texas Water Code Chapter 28 A. 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
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
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 Top Prevention 25 Estimated Pollutant Reductions from Orders Issued
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 Court Orders Issued
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 Obtained of Criminal Convictions
Questions? Kimberly Sladek (512)239 -1588 kimberly. sladek@tceq. texas. gov TCEQ Annual Enforcement Report https: //www. tceq. texas. gov/compliance/enforcement/enforce ment-reports/annenfreport. html
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