Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter A - GENERAL PROVISIONS › Section 334.14 - Memorandum of Understanding between the Attorney General of Texas and the Texas Natural Resource Conservation Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This MOU applies to civil
				  enforcement proceedings and complaints filed on storage tanks subject to this
				  chapter. Pursuant to the Texas Water Code, §
										5.104,
				  the Texas Natural Resource Conservation Commission adopts an MOU between the
				  Texas Natural Resource Conservation Commission (TNRCC) and the attorney general
				  of Texas. The MOU contains the TNRCC's and the attorney general's
				  interpretation concerning intervention in the civil enforcement process under
				  the Texas Water Code. This section applies as follows.
(1) The Texas Water Commission (now the Texas
				  Natural Resource Conservation Commission, TNRCC) was designated as the state
				  agency for the regulation of underground storage tanks by enactment of Senate
				  Bill 779 of the 70th Texas Legislature, 1987.
(2) The Texas Water Code authorizes the Texas
				  Natural Resource Conservation Commission to have instituted civil suits for
				  injunctive relief and the assessment and recovery of a civil penalty, whenever
				  it appears that a person has violated, or is violating or threatening to
				  violate, any provision of the Texas Water Code, or of any rule, permit, or
				  other order of the Texas Natural Resource Conservation Commission.
(3) The Texas Water Code provides that at the
				  request of the executive director of the Texas Natural Resource Conservation
				  Commission, the attorney general of Texas shall institute and conduct a suit in
				  the name of the State of Texas for injunctive relief or to recover a civil
				  penalty, or for both injunctive relief and penalty.
(4) Federal regulations promulgated by the
				  United States Environmental Protection Agency pursuant to the Solid Waste
				  Disposal Act as amended by the Resource Conservation and Recovery Act of 1976,
				  Subtitle I, require that any state agency administering the Underground Storage
				  Tank Program authorized under that Act provide for public participation in the
				  state enforcement process.
(5) All
				  citizen complaints filed, either orally or in writing, that relate to
				  underground storage tanks will be investigated timely and thoroughly by the
				  Texas Natural Resource Conservation Commission. Citizen complaint responses
				  will be first initiated by attempting to establish telephone contact with the
				  complainant within 48 hours of receipt of the complaint, and concurrently
				  beginning whatever records review is necessary. Upon completion of the
				  investigation, the complainant will be informed in writing of the results. In
				  addition, the complainant will be apprised of the ultimate resolution of the
				  problem. The executive director of the Texas Natural Resource Conservation
				  Commission shall keep a complaint file in accordance with §
											337.4
				  of this title (relating to Enforcement).
(6) Notice of proposed settlements of civil
				  enforcement actions that relate to underground storage tanks will be published
				  by the attorney general of Texas in the Texas Register (except where immediate
				  action is necessary to adequately protect human health and the environment) and
				  that opportunity will be provided for the public to comment on such proposed
				  settlements.
(7) Nothing in this
				  agreement shall be construed to limit or impair the attorney general's right to
				  control and direct litigation on behalf of the state.
(8) The attorney general will not oppose
				  intervention where permissive intervention may be authorized by statute, rule,
				  or regulation into any civil suit involving the State of Texas relating to
				  violations of the Underground Storage Tank Program by any citizen having an
				  interest which is or may be adversely affected.
(9) The attorney general, on behalf of the
				  State of Texas, will consent to a proposed judgment in an action to enjoin
				  violations of the Underground Storage Tank Program only after the publication
				  of notice which provides at least 30 days for public comment on the proposed
				  judgment prior to its entry by the court, provided that the attorney general
				  may permit an exception to the 30-day comment period if a settlement or
				  judgment is required to avoid delays that would adversely affect public health
				  or the environment.