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Appealing a Compliance History Classification or Repeat Violator Classification

Anyone who has an interest in a compliance history classification or Repeat Violator classification may appeal the classification.

Only those classifications that result from compliance history ratings of at least 45 may be appealed. Also, any entity classified as a Repeat Violator can appeal this classification.

Who may appeal?

Anyone who has an interest in an Unsatisfactory compliance history classification or a Satisfactory classification with a rating of at least 45 may submit an appeal. Also, any entity classified as a Repeat Violator may appeal this classification.

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Where do I send my appeal?

Send your appeal and all the supporting documents by certified mail, return receipt requested, to:

Zak Covar, Executive Director
Attn: Bryan Sinclair, Enforcement Division Director, MC 219
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, TX 78711-3087

 

If you are appealing the classification of some other person, then you must also send a copy of the appeal to that person by certified mail, return receipt requested. The person will have 10 days to submit a reply to us and to you regarding the appeal.

If you are appealing the classification of a site and are not the permit holder or owner of that site, then you must also send a copy of the appeal to each owner and permit holder by certified mail, return receipt requested. Each will have 10 days to submit a reply to us and to you regarding the appeal.

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What issues must I address?

In your appeal, you must:

  • Tell what you are appealing.
  • State the grounds for your appeal.
  • State the specific relief sought.
  • Show that this relief will change the compliance history classification or Repeat Violator classification.
  • Include all supporting documents.

There is no hearing associated with this process, so your written appeal must stand on its own merit. Be sure to include each argument and item of evidence that you believe supports your position.

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When is the deadline for filing this appeal?

Your appeal must be received by the TCEQ no later than 45 days after notice of the classification is posted on the Web site—that is, in the online lists and the Compliance History Database. (This date appears in the lists and database under “Date Posted.”)

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Where are the rules for these appeals?

See 30 TAC 60.3(e) Exit the TCEQ.

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