|AGENCY||Texas Commission on Environmental Quality|
Notice of Public Hearing
on Assessment of Administrative Penalties and Requiring Certain Actions of Sandra Ortega
SOAH Docket No. 582-18-1617
TCEQ Docket No. 2017-0937-MLM-E
The Texas Commission on Environmental Quality (TCEQ or the Commission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at:
10:00 a.m. - February 1, 2018
William P. Clements Building
300 West 15th Street, 4th Floor
Austin, Texas 78701
The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed August 29, 2017, concerning assessing administrative penalties against and requiring certain actions of Sandra Ortega, for violations in Irion County, Texas, of: Texas Health & Safety Code §366.004 and §366.051, Texas Water Code §26.121(a)(1), 30 Texas Administrative Code §285.3(a)(1), and TCEQ Default Order Docket No. 2013-0757-MLM-E, Ordering Provision Nos. 3.d.i. and 3.d.ii.
The hearing will allow Sandra Ortega, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford Sandra Ortega, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of Sandra Ortega to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. Sandra Ortega, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.
Legal Authority: Texas Water Code §7.054 and ch. 26, Texas Health & Safety Code ch. 366, and 30 Texas Administrative Code chs. 70 and 285; Texas Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Texas Administrative Code §70.108 and §70.109 and ch. 80, and 1 Texas Administrative Code ch. 155.
Further information regarding this hearing may be obtained by contacting Ian Groetsch, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.
Any document filed prior to the hearing must be filed with TCEQ's Office of the Chief Clerk and SOAH. Documents filed with the Office of the Chief Clerk may be filed electronically at http://www.tceq.texas.gov/goto/eFilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. Documents filed with SOAH may be filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice.
In accordance with 1 Texas Administrative Code §155.401(a), Notice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH."
Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing.
Issued: January 3, 2018
Bridget C. Bohac
Texas Commission on Environmental Quality
Filed: January 3, 2018
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