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AGENCY Office of the Attorney General
ISSUE 04/22/2016
ACTION Miscellaneous

Texas Health and Safety Code and Texas Water Code Settlement Notice

The State of Texas gives notice of the following proposed resolution of an environmental enforcement action under the Texas Water Code. Before the State may enter into a voluntary settlement agreement, pursuant to §7.110 of the Texas Water Code, the State shall permit the public to comment in writing. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreement if the comments disclose facts or considerations indicating that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the law.

Case Title and Court: County of Brazoria and the State of Texas, Acting by and through the Texas Commission on Environmental Quality, a Necessary and Indispensable Party v. Cristy Griffith, a.k.a. Cristy Scott; Cause No. 84131-CV; in the 23rd Judicial District Court of Brazoria County, Texas.

Background: Defendant Cristy Griffith, a.k.a. Cristy Scott, is the owner of property located at 20150 County Road 510P in Brazoria County, Texas. Defendant was repeatedly cited for allowing the on-site sewage facility (OSSF) at the property to cause raw sewage and wastewater to discharge onto the property and the neighboring property, in violation of Chapters 341, 343 and 366 of the Texas Health and Safety Code, Chapter 7 of the Texas Water Code, Chapter 285 of Title 30 of the Texas Administrative Code, and Brazoria County OSSF regulations.

Proposed Settlement: Since the filing of the lawsuit in late 2015, Defendant has agreed to vacate the property and to hire a maintenance company to repair the malfunctioning OSSF. The parties propose an Agreed Final Judgment and Permanent Injunction, which orders the Defendant to, among other things, clean up any sewage/wastewater on the property and neighboring properties, renew OSSF maintenance contract annually, and allow the Brazoria County Environmental Health Department continued access and monitoring of the site. The proposed settlement also awards Brazoria County and the State $500 in civil penalties, to be equally divided between Brazoria County and the State, and awards the State attorney's fees in the amount of $175.

The Office of the Attorney General will accept written comments relating to the proposed judgment for thirty (30) days from the date of publication of this notice. The proposed judgment may be examined at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas, and copies may be obtained in person or by mail for the cost of copying. Requests for copies of the proposed judgment and settlement, and written comments on the same, should be directed to Erin Rodman, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, MC 066, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911.

TRD-201601637

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: April 8, 2016



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