Texas Water Code and Texas Health and Safety Code Settlement Notice

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Water Code and the Texas Health and Safety Code. Before the State may settle a judicial enforcement action under the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed judgment if the comments disclose facts or considerations that include that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Texas Water Code and the Texas Health and Safety Code.

Case Title and Court: State of Texas v. A.B. Clark, Jr. and A.B. Clark III; Cause No. D-1-GN-16-002125, in the 345th Judicial District Court, Travis County, Texas.

Nature of the Defendant’s Operations: A.B. Clark, Jr. owns property within the Sabine National Forest, near Hemphill in Sabine County. A.B. Clark III disposed of solid waste on the property without authorization from TCEQ. Waste illegally disposed and stored at the property includes cardboard boxes, televisions, refrigerators, speakers, computer components, clothing, and other various household-type waste. A.B. Clark III also burned some of the waste on the property without authorization from TCEQ.

Proposed Agreed Judgment: The Agreed Final Judgment and Permanent Injunction orders Defendants to stop burning waste at the property and stop disposing, storing or accepting additional waste at the property. The Defendants are further ordered to remove and properly dispose of the waste at a facility authorized to accept waste by TCEQ. The Judgment awards the State of Texas civil penalties of $12,000 and $3,500 in attorney’s fees.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment and Permanent Injunction should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement, should be directed to Ekaterina DeAngelo, Assistant Attorney General, Office of the Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-201604824

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: September 19, 2016