Executive Summary – Enforcement Matter – Case No. 50579 ... · Executive Summary –...
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Executive Summary – Enforcement Matter – Case No. 50579 K & K Construction, Inc. RN105742704 Docket No. 2015-0782-AIR-E Page 1 of 3 Order Type: Findings Agreed Order Findings Order Justification: Indifference to legal duty based on violation of a previous order. Media: AIR Small Business: Yes Location(s) Where Violation(s) Occurred: Trench Burner TM 359 SN006, located on Farm-to-Market Road 2432 approximately one mile north of Mann Road near Conroe, Montgomery County Type of Operation: Air curtain incinerator ("ACI") Other Significant Matters: Additional Pending Enforcement Actions: No Past-Due Penalties: No Other: N/A Interested Third-Parties: None Texas Register Publication Date: January 1, 2016 Comments Received: No Penalty Information Total Penalty Assessed: $11,431 Amount Deferred for Expedited Settlement: $0 Amount Deferred for Financial Inability to Pay: $0 Total Paid to General Revenue: $11,431 Total Due to General Revenue: $0 Payment Plan: N/A Supplemental Environmental Project ("SEP") Conditional Offset: $0 Name of SEP: N/A Compliance History Classifications: Person/CN - Satisfactory Site/RN - Satisfactory Major Source: No Statutory Limit Adjustment: N/A Applicable Penalty Policy: April 2014
Transcript of Executive Summary – Enforcement Matter – Case No. 50579 ... · Executive Summary –...
Executive Summary – Enforcement Matter – Case No. 50579 K & K Construction, Inc.
RN105742704 Docket No. 2015-0782-AIR-E
Page 1 of 3
Order Type: Findings Agreed Order Findings Order Justification: Indifference to legal duty based on violation of a previous order. Media: AIR Small Business: Yes Location(s) Where Violation(s) Occurred: Trench Burner TM 359 SN006, located on Farm-to-Market Road 2432 approximately one mile north of Mann Road near Conroe, Montgomery County Type of Operation: Air curtain incinerator ("ACI") Other Significant Matters:
Additional Pending Enforcement Actions: No Past-Due Penalties: No Other: N/A Interested Third-Parties: None
Texas Register Publication Date: January 1, 2016 Comments Received: No
Penalty Information
Total Penalty Assessed: $11,431 Amount Deferred for Expedited Settlement: $0 Amount Deferred for Financial Inability to Pay: $0 Total Paid to General Revenue: $11,431 Total Due to General Revenue: $0
Payment Plan: N/A Supplemental Environmental Project ("SEP") Conditional Offset: $0
Name of SEP: N/A Compliance History Classifications:
Person/CN - Satisfactory Site/RN - Satisfactory
Major Source: No Statutory Limit Adjustment: N/A Applicable Penalty Policy: April 2014
Executive Summary – Enforcement Matter – Case No. 50579 K & K Construction, Inc.
RN105742704 Docket No. 2015-0782-AIR-E
Page 2 of 3
Investigation Information
Complaint Date(s): N/A Complaint Information: N/A Date(s) of Investigation: August 14, 2014 through October 21, 2014 and March 25, 2015 through April 1, 2015 Date(s) of NOE(s): October 22, 2014
Violation Information
1. Failed to certify compliance for at least each 12-month period following initial permit issuance [30 TEX. ADMIN. CODE §§ 122.143(4) and 122.146(1) and (2), TEX. HEALTH & SAFETY CODE § 382.085(b), and General Operating Permit ("GOP") No. 518/Federal Operating Permit ("FOP") No. O3299, Terms and Conditions (b)(4)(D) and (9)]. 2. Failed to submit a deviation report no later than 30 days after the end of each reporting period [30 TEX. ADMIN. CODE §§ 122.143(4) and 122.145(2)(C), TEX. HEALTH & SAFETY CODE § 382.085(b), and GOP No. 518/FOP No. O3299, Terms and Conditions (b)(4)(C)]. 3. Failed to obtain authorization to operate a source of air emissions [30 TEX. ADMIN. CODE § 116.110(a), TCEQ Order Docket No. 2013-0247-MLM-E, Ordering Provisions Nos. 2.a., 2.c., and 2.d., and TEX. HEALTH & SAFETY CODE §§ 382.0518(a) and 382.085(b)].
4. Failed to obtain a FOP [30 TEX. ADMIN. CODE § 122.121 and TEX. HEALTH & SAFETY CODE §§ 382.054 and 382.085(b)].
Corrective Actions/Technical Requirements
Corrective Action(s) Completed:
The GOP No. 518/FOP No. O3299 expired on July 2, 2014 and the Respondent obtained Permit By Rule Registration No. 104259L001 to operate ACI Serial No. TM359 SN006 on June 26, 2015.
Technical Requirements:
The Order will require the Respondent to: a. Within 30 days, submit an administratively complete FOP application; b. Respond completely and adequately, as determined by the TCEQ, to all requests for information concerning the permit application within 30 days after the date of such requests, or by any other deadline specified in writing; and
Executive Summary – Enforcement Matter – Case No. 50579 K & K Construction, Inc.
RN105742704 Docket No. 2015-0782-AIR-E
Page 3 of 3
c. Within 180 days, submit written certification that either the FOP authorization to operate the sources of air emissions has been obtained or that operation has ceased until such time that appropriate authorization is obtained.
Litigation Information
Date Petition(s) Filed: N/A Date Answer(s) Filed: N/A SOAH Referral Date: N/A Hearing Date(s): N/A Settlement Date: N/A
Contact Information
TCEQ Attorney: N/A TCEQ Enforcement Coordinator: David Carney, Enforcement Division, Enforcement Team 5, MC 149, (512) 239-2583; Melissa Cordell, Enforcement Division, MC 219, (512) 239-2483 TCEQ SEP Coordinator: N/A Respondent: Darryl Pitcock, President, K & K Construction, Inc., 13757 East Farm-to-Market Road 1097, Willis, Texas 77378 Respondent's Attorney: N/A
