reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter A - ENFORCEMENT GENERALLY › Section 70.6 - Judicial Civil Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director is authorized to cause to be instituted, in courts of competent
				  jurisdiction, legal proceedings to enforce and compel compliance with any
				  provisions, whether of statutes, rules, regulations, permits or licenses, or
				  orders, that the commission is entitled or required by law to enforce or with
				  which the commission is entitled or required by law to compel compliance. Such
				  legal proceedings may be initiated at any time by the executive director by a
				  letter from the executive director or an authorized representative referring
				  the matter to the Texas Attorney General's Office (OAG) and requesting that the
				  attorney general take action on behalf of the commission.
(b) The criteria for the commission or the
				  executive director to refer an enforcement case to the OAG include but are not
				  limited to the following:
(1) need for
				  immediate action to protect public health, safety, or the
				  environment;
(2) need for a
				  judgment to enforce compliance with an existing administrative enforcement
				  order where there is a significant impact to the environment or to agency
				  policy;
(3) egregious violations
				  where the availability of civil penalties is necessary to adequately address
				  the violations;
(4) when required
				  by law under Texas Water Code (TWC), §7.105, unless under TWC,
				  §7.106, the OAG and the executive director agree to resolve the
				  violation(s) through an administrative order; or
(5) when the TCEQ has been named as a
				  necessary and indispensible party in an action brought by a local government
				  under TWC, §7.351 and §7.353.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter A - ENFORCEMENT GENERALLY › Section 70.7 - Force Majeure

Current through Reg. 49, No. 28; July 12, 2024
(a) If a person can
				  establish that an event that would otherwise be a violation of a statute, rule,
				  order, or permit was caused solely by an act of God, war, strike, riot, or
				  other catastrophe, the event is not a violation of that statute, rule, order,
				  or permit.
(b) The owner or
				  operator of the affected facility shall have the burden of proof to demonstrate
				  that any pollution or discharge is not a violation as provided by subsection
				  (a) of this section.
(c) If force
				  majeure is claimed as an affirmative defense to an action brought under this
				  chapter, the permittee must submit notice to the executive director as provided
				  by §
										305.125(9)
				  of this title (relating to Standard Permit Conditions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter A - ENFORCEMENT GENERALLY › Section 70.8 - Financial Inability To Pay; Amount Necessary To Obtain Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) If any respondent, in response to a
				  contested enforcement case, asserts an inability to pay the penalty recommended
				  in that pleading, or challenges the executive director's recommendation
				  regarding the amount of penalty that is necessary to deter future violations,
				  that party shall have the burden of establishing that a lesser penalty is
				  justified under that party's financial circumstances.
(b) A party asserting a claim under this
				  section must produce all financial records that would be potentially relevant
				  to that issue within 30 days of raising that claim, but no later than 30 days
				  before the specified date for hearing without leave from the judge. The
				  executive director is not required to make a discovery request for such
				  financial records. The failure of the party raising such a claim to provide all
				  potentially relevant financial records within the time discussed in this
				  subsection shall constitute a waiver of the claim.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter A - ENFORCEMENT GENERALLY › Section 70.9 - Installment Payment of Administrative Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person(s) may, upon request, be
				  allowed to make installment payments of an administrative penalty imposed in a
				  commission or executive director order.
(b) The amount and payment schedule of
				  monthly installments must be specified by a commission or executive director
				  order.
(c) Payment schedules issued
				  may not exceed a 36-month period.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter A - ENFORCEMENT GENERALLY › Section 70.10 - Agreed Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director and the respondent may reach an agreement, or settlement, in an
				  enforcement action. In order to have legal effect as an order of the agency,
				  and in any case in which penalties are assessed, an agreed order must be
				  approved and issued by the commission or the executive director. In such an
				  agreed order, the respondent may agree to:
(1) admit to none, any, or all of the
				  violations alleged in any Executive Director Preliminary Report or petition in
				  the case;
(2) assessment of a
				  specific administrative penalty;
(3) remedial ordering provisions;
(4) any combination of these; and
(5) any other lawful provisions agreed to by
				  the executive director and the respondent.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter A - ENFORCEMENT GENERALLY › Section 70.11 - Findings Agreed Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) A findings
				  agreed order is an enforcement order that is drafted with findings of fact and
				  conclusions of law.
(b) An agreed
				  order may be drafted as a findings order when any of the following six criteria
				  are satisfied:
(1) absence of management
				  practices designed to ensure compliance;
(2) a violation of a commission issued
				  enforcement order or court order;
(3) a violation contained in the agreed order
				  involves an emission or discharge of contaminants to the environment or other
				  actions meeting one or more of the following criteria:
(A) people have been exposed to pollutants
				  which exceed levels that are protective;
(B) environmental receptors have been exposed
				  to pollutants which exceed levels that are protective;
(C) unauthorized diversion, taking, or
				  storage of state water or an unauthorized change in flood elevation of a stream
				  which deprives others of water, severely affects aquatic life, or results in a
				  safety hazard, property damage, or economic loss; or
(D) unauthorized emissions which are
				  excessive emissions events, as set out in §
												101.222(a)
				  of this title (relating to Demonstrations);
(4) the respondent has been the subject of
				  any of the following repeated enforcement actions (Notice of Violation,
				  enforcement order, judgment) over the prior five-year period from the Notice of
				  Enforcement date:
(A) three repeated
				  enforcement actions for the same violation as contained in the current agreed
				  order or a substantial history of the same violation entity-wide;
(B) three repeated enforcement actions for
				  the same violations or substantial history of the same violation as contained
				  in the current agreed order by the same respondent who is required to be
				  registered, certified, or licensed by TCEQ prior to performing certain
				  activities;
(C) two prior
				  enforcement orders having the same general cause for nuisance
				  violations;
(5)
				  regardless of specific violations, a respondent has demonstrated a pattern of
				  non-compliance with environmental laws; or
(6) indifference to legal duty.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter A - ENFORCEMENT GENERALLY › Section 70.12 - Notice of Decisions and Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  rulings, orders, or decisions issued by the commission or the executive
				  director, parties shall be given notice, in accordance with Texas Government
				  Code, §
										2001.142.
				  The notice shall include:
(1) the commission's
				  or the executive director's findings;
(2) the amount of the penalty;
(3) the right to judicial review of the
				  commission's or the executive director's order; and
(4) any other information required by
				  law.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter B - MANDATORY ENFORCEMENT HEARINGS › Section 70.51 - Mandatory Enforcement Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  executive director shall monitor compliance with all permits and licenses
				  issued by the commission. If the evidence available to the executive director
				  through the monitoring process indicates that a permittee or licensee is in
				  substantial noncompliance for a period of four consecutive months, or for a
				  shorter period of time if the executive director considers an emergency to
				  exist, the executive director shall report this fact to the commission together
				  with the information relating to the noncompliance. The executive director may
				  consider the magnitude and frequency of noncompliances with permit or license
				  limitations and conditions in determining the existence of substantial
				  noncompliance.
(b) On receiving a
				  report under subsection (a) of this section, the commission shall call and hold
				  a hearing to determine whether the permittee or licensee who is the subject of
				  the executive director's report to the commission has been in substantial
				  noncompliance with his or her permit or license. Notice for this hearing shall
				  issue in accordance with §
										70.104(b)
				  and (c) of this title (relating to Notice of
				  Executive Director's Preliminary Report), except that in the event that notice
				  is performed under §
										70.104(b)
				  of this title, by publication, the contents of that notice need only include
				  the name of the respondent, a summary of the relief sought by the executive
				  director, and the right of the person to a hearing if such exists.
(c) At the conclusion of the hearing, the
				  commission shall issue an order stating one of the following:
(1) no violation of the permit or license has
				  occurred;
(2) a violation of the
				  permit or license has occurred, but has been corrected and no further action is
				  necessary to protect the public interest;
(3) the executive director is authorized to
				  enter into a compliance agreement;
(4) a violation of the permit or license has
				  occurred and an administrative penalty is assessed as provided by the Texas
				  Water Code or the Texas Health and Safety Code; or
(5) a violation of the permit or license has
				  occurred, and the executive director is directed to have enforcement
				  proceedings instituted against the permittee or licensee through the office of
				  the attorney general.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter C - ENFORCEMENT REFERRALS TO SOAH › Section 70.101 - Executive Director's Preliminary Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Any enforcement action brought under
				  these rules may be initiated by an EDPR being filed by the executive director
				  with the chief clerk.
(b) An EDPR
				  shall include a brief statement of the nature of the violation, the statute or
				  statutes violated, the facts relied upon by the executive director in
				  concluding that a violation has occurred, a recommendation that an
				  administrative penalty be assessed, the amount of the recommended penalty, any
				  corrective action to be taken by the respondent, and an analysis of the factors
				  required in the relevant statute and rules to be considered by the commission
				  in determining the amount of the penalty.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter C - ENFORCEMENT REFERRALS TO SOAH › Section 70.102 - Pleadings Other Than the Executive Director's Preliminary Report

Current through Reg. 49, No. 28; July 12, 2024
(a) In a contested enforcement case, all
				  pleadings for which no other form is prescribed shall contain:
(1) the name of the party seeking to bring
				  about or prevent action by the commission;
(2) the names of all other known
				  parties;
(3) a concise statement of
				  the facts and the law relied upon by the pleader;
(4) a prayer stating the type of relief,
				  action, or order desired by the pleader;
(5) any other matter required by
				  statute;
(6) a certificate in
				  accordance with §
											1.11
				  of this title (relating to Service on Judge, Parties, and Interested Persons),
				  showing service; and
(7) the
				  signature of the submitting party or the party's authorized
				  representative.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter C - ENFORCEMENT REFERRALS TO SOAH › Section 70.103 - Petitions Which Initiate a Cause of Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally. The executive director may
				  file a petition as the instrument for initiating an enforcement action. The
				  EDPR, when properly noticed and served, constitutes a petition.
(b) Service. Where enforcement actions are
				  initiated with a petition, as per this section, and there is a statutory
				  requirement that the respondent be given notice, the petition shall be filed
				  and notice given as if it were an EDPR, in accordance with §
										70.104
				  of this title (relating to Notice of Executive Director's Preliminary
				  Report).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter C - ENFORCEMENT REFERRALS TO SOAH › Section 70.104 - Notice of Executive Director's Preliminary Report

Current through Reg. 49, No. 28; July 12, 2024
(a) General requirements. Not later than the
				  10th day after the date on which the EDPR is issued, the executive director
				  shall give written notice of the EDPR to the respondent. The EDPR is considered
				  issued when it is filed with the office of the chief clerk. Notice shall
				  consist of a copy of the EDPR, a statement of the amount of the penalty
				  recommended, if any, and a statement of the right of the respondent to a
				  hearing on the occurrence of the violation, the amount of the penalty, or
				  both.
(b) Timeliness and method of
				  service. Notice shall be timely served if:
(1) sent to the respondent by registered or
				  certified mail, return receipt requested, no later than the 10th day after the
				  date on which the EDPR is issued; or
(2) delivered to the respondent in person,
				  with the date of delivery endorsed thereon, no later than the 10th day after
				  the date on which the EDPR is issued.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter C - ENFORCEMENT REFERRALS TO SOAH › Section 70.105 - Answer

Current through Reg. 49, No. 28; July 12, 2024
(a) A respondent may file with the chief
				  clerk a written response to the EDPR or a pleading entitled an answer which may
				  deny the alleged violations and/or the amount of the penalty. Through the
				  answer, the respondent may either agree to the amount of the penalties and
				  corrective actions recommended in the EDPR or request a contested enforcement
				  case hearing. Any answer must be filed no later than 20 days after the date on
				  which the respondent receives notice of an EDPR. Failure to file the answer by
				  the 20th day after the date on which the respondent receives notice of an EDPR
				  may result in a default order, as described in §
										70.106
				  of this title (relating to Default Order), being issued against the
				  respondent.
(b) If the person
				  charged consents to the EDPR including the recommended penalty, the answer
				  shall so state.
(c) An answer must
				  also be filed in response to a petition which initiates an enforcement
				  action.
(d) Answers to amended or
				  supplemental petitions shall be filed if additional facts and claims are
				  alleged in response to the amended or supplemental petitions.
(e) Any affirmative defenses must be
				  specifically pled in an answer.
(f)
				  A respondent may consent in writing to parts of the EDPR, initial petition, or
				  amended or supplemental petition, whichever is the most recent pleading. If the
				  enforcement action is referred to SOAH for a contested case hearing under
				  Chapter 80 of this title (relating to Contested Case Hearings), the respondent
				  may also enter into agreements with the executive director regarding evidence
				  or other issues pending in the enforcement action by stipulations presented in
				  writing to the judge.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter C - ENFORCEMENT REFERRALS TO SOAH › Section 70.106 - Default Order

Current through Reg. 49, No. 28; July 12, 2024
(a) If any
				  respondent to an executive director's preliminary report (EDPR) or petition
				  initiating an enforcement action fails to timely file an answer as required by
				  §
										70.105 of this
				  title (relating to Answer), the executive director may file a motion with the
				  chief clerk recommending that a default order be entered against the
				  respondent. The executive director may support the motion with such documentary
				  evidence, including affidavits, exhibits and pleadings, and oral testimony, to
				  demonstrate that the respondent received proper notice under §
										70.103
				  or §
										70.104
				  of this title (relating to Petitions Which Initiate a Cause of Action and
				  Notice of Executive Director's Preliminary Report) of the pleading initiating
				  the cause of action; and that the respondent failed to timely file an answer
				  under §
										70.105 of this
				  title and that the respondent is liable for the violations asserted in the
				  cause of action. The chief clerk will schedule the default order for
				  consideration at a commission meeting under Chapter 10 of this title (relating
				  to Commission Meetings). The executive director may also present documentary
				  evidence and oral testimony regarding the amount of penalties that should be
				  assessed against the respondent. In the motion for default order, or at the
				  hearing on the motion, the executive director may also ask for additional
				  penalties for violations alleged in the EDPR or petition, which have continued
				  from the time of the filing of the EDPR or petition, up to the date of the
				  default order. If the executive director recommends additional penalties for
				  continuing violations, he shall briefly describe, either orally or in writing,
				  the continuing violations and the evidence, circumstantial or otherwise, that
				  form the basis for the allegation that the violations are in fact continuing.
				  The commission may grant the relief recommended in the EDPR or petition, or
				  such other amount as may be justified by the evidence presented by the
				  executive director.
(b) Even though
				  some or all of the parties fail to appear at a contested enforcement case
				  hearing in person or through their duly authorized representatives, the
				  commission may consider fully and dispose of the matter pending if notice has
				  been given in accordance with law.
(c) Upon issuance of a default order, notice
				  of such order shall be given to the respondent in accordance with Texas
				  Government Code, §
										2001.142.
(d) The effective date of a default order
				  shall be the date on which the order is signed by the commission or the
				  executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter C - ENFORCEMENT REFERRALS TO SOAH › Section 70.107 - Enforcement Hearings

Current through Reg. 49, No. 28; July 12, 2024
If required by law, an enforcement hearing shall be held
					 before any final enforcement order is issued. In cases for which an enforcement
					 hearing is not required by law to be held before an enforcement order is
					 issued, the commission may elect to hold a hearing, on its own motion, or upon
					 the request of the executive director, before issuing a final enforcement order
					 or direct SOAH to hold such a hearing. In those cases for which an enforcement
					 hearing is not required by law to be held before an enforcement order is
					 issued, or for which procedures for an enforcement hearing are not specifically
					 prescribed by rule or statute, the commission may elect to have SOAH hold such
					 hearings under the commission's rules, including the procedures established by
					 this chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter C - ENFORCEMENT REFERRALS TO SOAH › Section 70.108 - Contested Enforcement Case Hearings To Be Held by SOAH

Current through Reg. 49, No. 28; July 12, 2024
In a contested enforcement case, unless the commission
					 chooses to hear the case itself, SOAH shall have the delegated authority to
					 preside over the case under Chapter 80 of this title (relating to Contested
					 Case Hearings).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter C - ENFORCEMENT REFERRALS TO SOAH › Section 70.109 - Referral to SOAH

Current through Reg. 49, No. 28; July 12, 2024
Not less than 30 days after the respondent has filed an
					 answer under §
										70.105 of this
					 title (relating to Answer), either the respondent or the executive director may
					 request that the chief clerk refer the case to the State Office of
					 Administrative Hearings (SOAH) for a contested enforcement case hearing. The
					 parties may request this referral by filing a letter with the chief clerk and
					 serving that letter on the other parties. If the chief clerk receives
					 authorization to refer a case to SOAH, the chief clerk shall refer the case to
					 SOAH under §
										80.6
					 of this title (relating to Referral to SOAH).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter D - CRIMINAL ENFORCEMENT REVIEW › Section 70.201 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to establish the
					 procedure and mechanism for Texas peace officers to submit to the executive
					 director a request for criminal enforcement review of an alleged criminal
					 environmental violation related to the activity for which a permit was issued
					 by the commission or executive director, as required under Texas Water Code,
					 §
										7.203.
					 A permit, as defined under Texas Water Code, §
										7.001, includes a
					 license, certificate, registration, approval, or any other form of
					 authorization granted by the commission or executive
					 director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter D - CRIMINAL ENFORCEMENT REVIEW › Section 70.202 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) As required under Texas Water Code,
				  §
										7.203,
				  a written request for review of an alleged criminal environmental violation
				  shall be submitted to the executive director prior to referring to a
				  prosecuting attorney for criminal prosecution if all the following criteria are
				  met:
(1) the individual submitting the
				  request is a peace officer, as that term is defined in Texas Water Code, §
											7.193 or Texas
				  Code of Criminal Procedure, Chapter 2;
(2) the alleged criminal offense is a
				  violation of the Texas Water Code or the Texas Health and Safety
				  Code;
(3) the person alleged to
				  have committed the criminal violation is the holder of a permit issued by the
				  commission or executive director or an employee of a person holding such a
				  permit; and
(4) the alleged
				  criminal violation is related to the activity for which the permit was
				  issued.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter D - CRIMINAL ENFORCEMENT REVIEW › Section 70.203 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Related to--Having an
				  established relationship or connection.
(2) Activity for which the permit was
				  issued--The activity authorized by the commission or executive director under
				  any provision, prohibition, or requirement of a permit, license, certificate,
				  registration, approval, or other form of authorization granted by the
				  commission or executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter D - CRIMINAL ENFORCEMENT REVIEW › Section 70.204 - Procedure for Requesting Criminal Enforcement Review

Current through Reg. 49, No. 28; July 12, 2024
(a) The peace officer requesting criminal
				  enforcement review under this section shall submit to the executive director a
				  written request for review that is clearly marked "For Law Enforcement Use
				  Only." The request shall include the legal name of the alleged violator and a
				  report describing the facts and circumstances of the alleged criminal
				  environmental violation.
(b) The
				  requesting officer may also include any additional information that the
				  requesting officer determines is relevant to the criminal enforcement review
				  request, in accordance with §
										70.206
				  of this title (relating to Factors Considered in the Criminal Enforcement
				  Review Process), and an explanation as to the reason criminal enforcement of
				  the violation is the most appropriate action, rather than administrative or
				  civil enforcement.
(c) Any criminal
				  enforcement review documentation that is submitted under this section will
				  remain the property of the submitting law enforcement agency and the records
				  will be returned upon completion of the criminal enforcement review.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter D - CRIMINAL ENFORCEMENT REVIEW › Section 70.205 - Criminal Enforcement Review Schedule

Current through Reg. 49, No. 28; July 12, 2024
Following submission of the information required by §
										70.204
					 of this title (relating to Procedure for Requesting Criminal Enforcement
					 Review), the executive director shall determine whether the request contains
					 the required information necessary to conduct a criminal enforcement
					 review.
(1) If the executive director
				  determines that the request is administratively complete by meeting the
				  requirements in §
										70.204
				  of this title, the executive director shall, based on the information provided
				  by the requesting peace officer, within 45 days of receiving the request:
(A) determine whether an alleged
				  environmental violation exists;
(B)
				  determine whether administrative or civil remedies would adequately and
				  appropriately address the alleged violation or whether the alleged violation
				  would be more appropriately addressed by criminal enforcement; and
(C) notify the referring peace officer in
				  writing, of the determination as to whether an alleged criminal violation
				  exists and whether civil or administrative remedies are adequate to address the
				  alleged environmental violation or recommend criminal prosecution.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 70 - ENFORCEMENT › Subchapter D - CRIMINAL ENFORCEMENT REVIEW › Section 70.206 - Factors Considered in the Criminal Enforcement Review Process

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director shall consider the
				  following factors in the process of conducting a criminal enforcement review:
(1) the nature, circumstances, extent,
				  duration, and gravity of the prohibited act, with special emphasis on the
				  impairment of existing water rights or the hazard or potential hazard created
				  to the health or safety of the public;
(2) the result of the violation on:
(A) air quality in the region;
(B) a receiving stream or underground water
				  reservoir;
(C) instream uses, water
				  quality, aquatic and wildlife habitat, or beneficial freshwater inflows to bays
				  and estuaries; or
(D) affected
				  persons;
(3) with
				  respect to the alleged violator:
(A) the
				  history and extent of previous violations;
(B) the degree of culpability, including
				  whether the violation was attributable to mechanical or electrical failures and
				  whether the violation could have been reasonably anticipated and
				  avoided;
(C) the demonstrated good
				  faith, including actions taken by the alleged violator to rectify the cause of
				  the violation and to compensate affected persons;
(D) economic benefit gained through the
				  violation; and
(E) the necessity to
				  deter future violations; and
(4) any other matters that justice may
				  require.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter A - GENERAL RULES › Section 80.1 - Applicability and Purpose

Current through Reg. 49, No. 28; July 12, 2024
Except as provided in this chapter, this chapter applies to
					 and provides procedures for all contested case hearings and other hearings held
					 by SOAH.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter A - GENERAL RULES › Section 80.4 - Judges

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability and delegation is as
				  follows:
(1) Any application that is declared
				  administratively complete on or after September 1, 1999, is subject to this
				  section.
(2) The commission
				  delegates to the State Office of Administrative Hearings the authority to
				  conduct hearings designated by the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter A - GENERAL RULES › Section 80.6 - Referral to SOAH

Current through Reg. 49, No. 28; July 12, 2024
(a) Any application
				  that is declared administratively complete on or after September 1, 1999, is
				  subject to this section.
(b) When a
				  case is referred to the State Office of Administrative Hearings (SOAH), the
				  chief clerk shall:
(1) file with SOAH a
				  Request for Setting of Hearing form, or Request for Assignment of
				  Administrative Law Judge form, whichever is appropriate;
(2) coordinate with SOAH to determine a time
				  and place for hearing;
(3) issue
				  public notice of the hearing as required by law and commission rules;
(4) for applications filed before September
				  1, 2015, or applications not referred under Texas Water Code, §
											5.556
				  or §
											5.557,
				  send a copy of the chief clerk's case file to SOAH which, in permitting
				  matters, shall include certified copies of the following documents:
(A) the documents described in §
												80.118 of
				  this title (relating to Administrative Record); and
(B) for cases referred under §
												55.210 of this
				  title (relating to Direct Referrals) any public comment and the executive
				  director's response to comments to be included in the administrative record,
				  except that these documents may be sent to SOAH after referral of the case, if
				  they are filed subsequent to referral;
(5) for applications filed on or after
				  September 1, 2015, and referred under Texas Water Code, §
											5.556
				  or §
											5.557,
				  which are referred for hearing by the commission, file with SOAH the
				  administrative record described in §
											80.118 of
				  this title; and
(6) send the
				  commission's list of disputed issues and maximum expected duration of the
				  hearing to SOAH unless the case is referred under §
											55.210 of this
				  title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter A - GENERAL RULES › Section 80.9 - Representation at Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  representative of record is one who has appeared in a proceeding or whose name
				  is subscribed to any application, petition, or other pleading or to some
				  agreement of the parties filed in the proceedings. The representative shall be
				  the representative of record until the end of the proceeding unless there is a
				  statement to the contrary appearing in the record.
(b) Not more than one representative for each
				  party or aligned group of parties shall be heard on any question or in the
				  hearing except upon leave of the judge.
(c) Representatives shall:
(1) observe the letter and spirit of the
				  Texas Lawyer's Creed, as adopted by the Texas Supreme Court, and the State Bar
				  of Texas' Texas Disciplinary Rules of Professional Conduct, including those
				  provisions concerning improper ex parte communications with the commissioners
				  and judges;
(2) advise their
				  clients and witnesses of applicable requirements of conduct and
				  decorum;
(3) direct all objections,
				  arguments, and other comments to the judge and not to other
				  participants.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter A - GENERAL RULES › Section 80.11 - Conduct and Decorum

Current through Reg. 49, No. 28; July 12, 2024
(a) Those who
				  attend or participate in hearings should conduct themselves in a manner
				  respectful of the conduct of public business, and conducive to orderly and
				  polite discourse. All those in attendance shall comply with the judge's
				  directions concerning the offer of public comment, and conduct and
				  decorum.
(b) In a hearing before a
				  judge, the judge shall first warn a person violating this section to refrain
				  from the specific conduct in violation. Upon further violation of this section
				  by the same person, the judge may exclude that person from the proceeding for
				  such time and under such conditions as necessary to correct the situation.
				  Violation of this section shall also be sufficient cause for the judge to
				  recess the hearing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter A - GENERAL RULES › Section 80.13 - Consolidation and Severance of Issues and Parties

Current through Reg. 49, No. 28; July 12, 2024
(a) Consolidation. Consistent with notices
				  required by law, the judge may consolidate related cases or claims if
				  consolidation will not prejudice any party and may save time and expense or
				  otherwise benefit the public interest and welfare. With the judge's permission,
				  the executive director may consolidate cases or claims, including those
				  involving different media or persons. The commission may, when referring
				  matters to SOAH, direct that cases or claims be consolidated for
				  hearing.
(b) Severance. The judge
				  may sever issues in a proceeding or hold special hearings on separate issues if
				  doing so will not prejudice any party and may save time and expense or benefit
				  the public interest and welfare. The judge may sever contested enforcement
				  cases or claims involving any number of parties, upon motion by any respondent,
				  where the respondent can show that he would be unduly prejudiced if severance
				  were not granted.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter A - GENERAL RULES › Section 80.15 - Ex Parte Communications

Current through Reg. 49, No. 28; July 12, 2024
(a) No ex parte
				  communications. Unless required for the disposition of an ex parte matter
				  authorized by law, during the pendency of a contested case either at SOAH or
				  before the commission, no party, person, or their representatives shall
				  communicate directly or indirectly with any commissioner or the judge
				  concerning any issue of fact or law relative to the pending case, except on
				  notice and opportunity for all parties to participate.
(b) Utilizing special skills of the
				  commission. The judge may seek the special skills or knowledge of commission
				  staff in evaluating the evidence in a contested case. The judge shall follow
				  the following procedure.
(1) The judge shall
				  issue an order, copied to all parties, asking the executive director to assign
				  a staff person with expertise who has not participated in the proceeding or in
				  the processing of the matter being considered for potential
				  consultation.
(2) All
				  communications between the designated staff expert and the judge shall be
				  either recorded or in writing, and all such communications submitted to or
				  considered by the judge shall be made available as public records when the
				  proposal for decision is issued.
(3) During the pendency of the case either
				  before the judge or at the commission, no party, person, or their
				  representatives shall communicate directly or indirectly with the designated
				  staff expert assigned to help the judge concerning any issue of fact or law
				  relative to the pending case, except on notice and opportunity for all parties
				  to participate.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter A - GENERAL RULES › Section 80.17 - Burden of Proof

Current through Reg. 49, No. 28; July 12, 2024
(a) The burden of
				  proof is on the moving party by a preponderance of the evidence, except as
				  provided in subsection (b) of this section.
(b) In an enforcement case, the executive
				  director has the burden of proving by a preponderance of the evidence the
				  occurrence of any violation and the appropriateness of any proposed technical
				  ordering provisions. The respondent has the burden of proving by a
				  preponderance of the evidence all elements of any affirmative defense asserted.
				  Any party submitting facts relevant to the factors prescribed by the applicable
				  statute to be considered by the commission in determining the amount of the
				  penalty has the burden of proving those facts by a preponderance of the
				  evidence.
(c) In contested cases
				  regarding a permit application filed with the commission on or after September
				  1, 2015, and referred under Texas Water Code, §
										5.556
				  or §
										5.557:
(1) the filing of the administrative record
				  as described in §
											80.118(c)
				  of this title (relating to Administrative Record) establishes a prima facie
				  demonstration that the executive director's draft permit meets all state and
				  federal legal and technical requirements, and, if issued consistent with the
				  executive director's draft permit, would protect human health and safety, the
				  environment, and physical property;
(2) a party may rebut the presumption in
				  paragraph (1) of this subsection by presenting evidence regarding the referred
				  issues demonstrating that the draft permit violates a specifically applicable
				  state or federal legal or technical requirement; and
(3) if a rebuttal case is presented by a
				  party under paragraph (2) of this subsection, the applicant and executive
				  director may present additional evidence to support the executive director's
				  draft permit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter A - GENERAL RULES › Section 80.19 - Audio Recording of Proceedings

Current through Reg. 49, No. 28; July 12, 2024
The judge shall record each proceeding on audio cassette
					 tape. Any person may obtain a copy of the tape recording from the judge or,
					 after conclusion of the hearing, may submit a request to the chief clerk
					 accompanied by payment of all reproduction costs.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter A - GENERAL RULES › Section 80.21 - Witness Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who is
				  not a party and is compelled to attend any hearing or proceeding or to produce
				  books, records, papers, or other objects is entitled to receive mileage
				  reimbursement if the location of the hearing or proceeding is more than 25
				  miles from the person's place of residence. Reimbursement shall be at the
				  current rate for state employees. The person is also entitled to receive a
				  minimum fee of $70 or the amount equal to state employees' current maximum
				  travel reimbursement for overnight lodging plus meals, whichever is greater,
				  for each day or part of a day the person is necessarily present as a witness or
				  deponent. This fee shall be paid to the witness or deponent even if overnight
				  lodging is not used, and the fee shall not be prorated for parts of days. A
				  witness or deponent who is an agency employee may only receive travel expenses,
				  to the extent allowed by applicable law and commission policy.
(b) Mileage and fees to which a witness is
				  entitled under this section shall be paid by the party at whose request the
				  witness appears or the deposition is taken, on presentation of proper vouchers
				  sworn by the witness and approved by the judge.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter A - GENERAL RULES › Section 80.23 - Transcriptions of Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Official court
				  reporter. Consistent with its court reporting services agreement, the
				  commission will provide a certified court reporter to make a verbatim record
				  and transcript of any commission meeting, hearing, or other proceeding upon the
				  timely request of any person. The court reporter provided by the commission
				  shall be the official reporter for commission proceedings. If the commission
				  does not provide a court reporter a party may, at its own expense, furnish a
				  certified court reporter whom the commission may designate as the official
				  reporter for the proceeding.
(b)
				  Requests for court reporter services.
(1) A
				  request for a verbatim record or transcript of a proceeding may be submitted at
				  any time, but shall be submitted in writing to the chief clerk or the judge and
				  shall specify: the name, mailing address, and daytime telephone number of the
				  requester; the name and date of the commission proceeding; and a statement of
				  whether a transcript is requested. A request for a transcript of a proceeding
				  already reported may be made directly to the court reporter.
(2) A person requesting a verbatim record
				  without a transcript of a proceeding shall pay the applicable reporting fees in
				  the commission's court reporting services agreement.
(3) A person requesting a transcript of a
				  proceeding shall pay for at least an original and two copies of the transcript
				  in addition to any applicable reporting fees in accordance with the
				  commission's court reporting services agreement. The court reporter shall
				  provide the commission the original and one copy of the transcript free of
				  charge.
(4) Upon his or her own
				  motion, the judge may request a verbatim record and an original and two copies
				  of a transcript of a proceeding.
(5) The judge may require the applicant to
				  pay for the transcript in advance subject to reimbursement from other parties
				  upon assessment of costs.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 80 - CONTESTED CASE HEARINGS › Subchapter A - GENERAL RULES › Section 80.25 - Withdrawing the Application

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant may file a request to withdraw its application at any time before the
				  proposal for decision is issued.
(b) If the request is to withdraw the
				  application with prejudice, the judge shall remand the application and request
				  to the executive director, who shall enter an order dismissing the application
				  with prejudice.
(c) If the parties
				  agree in writing to the withdrawal of the application without prejudice or if
				  the request to withdraw is filed before parties are named, the judge shall
				  remand the application and request to the executive director, who shall enter
				  an order dismissing the application without prejudice, on the terms agreed to
				  by the parties, or by the applicant, executive director, and public interest
				  counsel if no parties have been named.
(d) If neither subsection (b) nor (c) of this
				  section apply, the judge will forward the application, the request, and a
				  recommendation on the request to the commission.
(e) An applicant is entitled to an order
				  dismissing an application without prejudice if:
(1) the parties, or the applicant, executive
				  director, and public interest counsel if no parties have been named, agree in
				  writing;
(2) the applicant
				  reimburses the other parties all expenses, not including attorney's fees, that
				  the other parties have incurred in the permitting process for the subject
				  application; or
(3) the commission
				  authorizes the dismissal of the application without prejudice.