Custom SEPs for Respondents in an Enforcement Action

• Interested in Proposing a Custom SEP?
• What to Include
• List of Appropriate Types of SEPs

This information is intended for use by respondents in TCEQ enforcement actions. Businesses, nonprofit organizations, and government entities may be eligible to propose a Custom SEP. Local governments may qualify for a special type of SEP called a Compliance SEP. In order for the TCEQ to begin its evaluation of a proposed Custom SEP, the information specified below is required. A respondent must be willing and able to provide a completed Custom SEP Application with detailed documentation to show that it is capable of performing the SEP, to work with the TCEQ during the review process by following up on requests from TCEQ for additional information within one week of a request from TCEQ staff, and to properly report on the SEP.

If you have questions regarding the application for a Custom SEP, please contact SEP Central by phone at 512/239-2223 or by e-mail at sephelp@tceq.texas.gov.

Several documents linked from this page are in Portable Document Format (PDF) or Microsoft Word format. (Help with PDF.) (Help with Downloading Files.)

• Download the Custom SEP Application form for a respondent:

You must complete all sections of the Custom SEP Application.

Appropriate Types of SEPs

In order to receive approval, a SEP must have a measurable and enduring environmental benefit. Commission policy identifies several types of projects (listed below) as appropriate types of Custom SEPs. The inclusion of any particular proposed SEP and related conditions in an agreed order presented to the commission is subject to the executive director’s discretion. The final decision regarding the approval of any such agreed order rests wholly with the commission or executive director. For additional guidance on SEPs, please consult SEPs: Putting Fines to Work Closer to Home (publication GI-352, March 2009)

1. Projects to prevent or reduce pollution;
2. Environmental-restoration projects that, except in the case of a Local Government Compliance SEP, go beyond repair to the enhancement of the environment;
3. Projects to fund public works for a neighboring municipality or county (local governments qualifying for a Compliance SEP may be eligible to use a SEP to make repairs) that will benefit the environment in a way that is beyond ordinary compliance with the law; and
4. Projects to clean up illegal dumps where no responsible party can be found or where a responsible party is financially unable to clean up the site.
5. Environmental education (a respondent may only offset 33% of the payable penalty if undertaking this kind of project).