Underground Storage Tank Enforcement Update - October 2, 2019

The Underground Storage Tank Enforcement Update provides information on current enforcement cases, types of enforcement cases, and status definitions for Enforcement Action Requests (EARs) and Orders. It includes details on the number of EARs received, active EARs, and status definitions for EARs and Orders between April 9, 2019, and September 17, 2019.

• Enforcement Update
• Storage Tanks
• Compliance Violations
• Enforcement Cases
• Regulations

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1. Underground Storage Tank Enforcement Update Underground Storage Tanks and Solid Waste Disposal Control Board October 2, 2019

2. CURRENT ENFORCEMENT CASES The division has two types of enforcement cases: Enforcement Action Requests (EARs) Orders

3. TYPES OF ENFORCEMENT CASES EARs The facility has open compliance violations and the division will be issuing a Notice of Violation (NOV) letter listing the violations and the potential civil penalties.

4. TYPES OF ENFORCEMENT CASES Orders The facility has returned to compliance but had an automatic enforcement referral violation or the they did not return to compliance after the

5. EARs The Division received 88 EARs between April 9, 2019 to September 17, 2019. Currently there are 46 active EARS: 9 are in Assigned Status 7 are in Building Case Status 25 are in NOV(CO) Status 15 are Closed (DO) 27 are Closed (EDO) 5 are Inactive

6. EAR Status Definitions Assigned Status case has been assigned to an enforcement case manager but has not yet been worked. Building Case Status case needs more information before the enforcement case manager can proceed and the information has been requested. Open NOV(CO) NOV has been issued but the due date has not yet passed. Closed (DO) respondent did not return to compliance and a standard directors order is needed. Closed (EDO) respondent returned to compliance and an expedited director s order is needed. Inactive enforcement case manager determined no order was needed and case was closed without an order

7. Orders The Division had 60 EARs go to an order between April 9, 2019 and September 17, 2019. Of those: 6 are in Pending status 6 are in Open status 15 are in Drafted status 3 are in Signed status 11 are in Signed Pending SOP 10 are in Final Probation status 1 is in Closed Status 8 are in Inactive status

8. Order Status Definitions Pending -- Case assigned but staff have not begun working the case. Open Staff have begun working on the case Drafted -- Order drafted and going through peer and inter-office review. Signed -- Order has been signed by attorney and director and order has been served. Signed - Pending SOP Order signed by attorney and director but not yet served to respondent Appealed -- Order has been appealed Final -- Order has gone final with no appeal and no response Final Probation Expedited order where upfront conditions met and respondent is on probation. Suspended -- Cases are suspended when referred to or dependent on actions of an another investigative agency. Closed -- Case closed when all penalties are paid and order items completed to TDEC's satisfaction. Inactive -- Case closed without an order

9. Questions?