| (a) A findings agreed order is an enforcement order
that is drafted with findings of fact and conclusions of law.
(b) An agreed order may be drafted as a findings order
when any of the following six criteria are satisfied:
(1) absence of management practices designed to ensure
compliance;
(2) a violation of a commission issued enforcement
order or court order;
(3) a violation contained in the agreed order involves
an emission or discharge of contaminants to the environment or other
actions meeting one or more of the following criteria:
(A) people have been exposed to pollutants which exceed
levels that are protective;
(B) environmental receptors have been exposed to pollutants
which exceed levels that are protective;
(C) unauthorized diversion, taking, or storage of state
water or an unauthorized change in flood elevation of a stream which
deprives others of water, severely affects aquatic life, or results
in a safety hazard, property damage, or economic loss; or
(D) unauthorized emissions which are excessive emissions
events, as set out in §101.222(a) of this title (relating to
Demonstrations);
(4) the respondent has been the subject of any of the
following repeated enforcement actions (Notice of Violation, enforcement
order, judgment) over the prior five-year period from the Notice of
Enforcement date:
(A) three repeated enforcement actions for the same
violation as contained in the current agreed order or a substantial
history of the same violation entity-wide;
(B) three repeated enforcement actions for the same
violations or substantial history of the same violation as contained
in the current agreed order by the same respondent who is required
to be registered, certified, or licensed by TCEQ prior to performing
certain activities;
(C) two prior enforcement orders having the same general
cause for nuisance violations;
(5) regardless of specific violations, a respondent
has demonstrated a pattern of non-compliance with environmental laws;
or
(6) indifference to legal duty.
|
