Projects that are not acceptable are those that would be required to bring the violator into compliance with the law. The following types of projects would be appropriate SEPs. Additional Requirements Compliance History of Respondent. The history of compliance and the resources of the violator to complete the project it has committed to do must be considered. The respondent must report all environmental orders that have been issued and the compliance status of each.
Repeat offenders are less appropriate for such favorable treatment.
It may not be appropriate for respondents that are out of compliance with previous agency orders, in any agency program, to receive such favorable treatment. Respondent must show that it and any intended recipient are ready, willing, and able to perform the proposed SEP before any such agreement is presented to the commission. Any dollars that are not spent for the approved SEP within a duration to be stated in the order shall be forfeited to the general revenue fund of the State of Texas. Additional staff resources will be required to monitor performance. Every effort should be made to ensure that the respondent provides sufficient and timely data to facilitate any required staff efforts.