The commission normally uses the administrative hearings process to collect from violators, then pursue confiscation, if necessary. The Attorney General's Office and the Railroad Commission both agree the problem of confiscating equipment is not a simple matter. The commission usually contracts the plugging to private firms that plug the well and use the equipment they agree to confiscate from the premises as part of their payment. Then the commission is not required to maintain inventory records and sell equipment. Uncollected cases are referred to the Attorney General's Office.
Few cases result in successful collections.
The Attorney General's Office may get a judgement, but may be unable to collect. The Attorney General's Office feels the office is not used soon enough in the process, and that it should be involved in the case from start to finish. The commission believes that pursuing investors for costs would deter investments in the future and hurt the industry. Transfers from the Coastal Protection Fund are to be used to expand the enforcement of the well plugging program. The interest rate on investments is projected by the Treasurer to be 8.81 percent.