how to prepare for an authorized agent compliance review ronald hebert water section manager region...

How to prepare for an

Authorized Agent Compliance Review

Ronald HebertRonald Hebert

Water Section ManagerWater Section ManagerRegion 10/ BeaumontRegion 10/ Beaumont(409)898-3838(409)898-3838

Major Topics

•Authority•Selection and Frequency•Parts of the review•Results •Response•Help

Authority

•Texas Health and Safety Code §366.034

•Title 30 Texas Administrative Code 285.12

TH&SC 366.034. INVESTIGATION OF AUTHORIZED AGENTS.

•conduct not more often than once a year an investigation of each authorized agent to determine the authorized agent's compliance with this chapter; and

•prepare an annual report concerning the status of the local governmental entity's regulatory program.

30 TAC 285.12

• (A) evaluate the authorized agent's: (i) administrative processes; (ii) planning material review

processes; (iii) permitting processes; (iv) inspection processes; and (v) complaint resolution

processes;

30 TAC 285.12

• (b) If as a result of the executive director's review the executive director determines that the authorized agent's program is deficient, the authorized agent must respond in writing to the executive director within 45 days after the date of the executive director's report with a plan to address all deficiencies noted during the review. The executive director shall offer assistance to the authorized agent including providing training to the authorized agent's designated representative. Additionally, if the authorized agent's program is:

(1) (1) deficient because it does not consistently deficient because it does not consistently provide required documentation of the permitting, provide required documentation of the permitting, inspection, and compliance investigation processes inspection, and compliance investigation processes the executive director shall review the authorized the executive director shall review the authorized agent's response and determine if the response is agent's response and determine if the response is adequate. If the response is adequate, the adequate. If the response is adequate, the executive director shall not take further action. If executive director shall not take further action. If the authorized agent's response is not adequate, or the authorized agent's response is not adequate, or the authorized agent fails to respond, the executive the authorized agent fails to respond, the executive director shall continue to work with the authorized director shall continue to work with the authorized agent until the deficiencies are resolved by making agent until the deficiencies are resolved by making contact with the authorized agent through contact with the authorized agent through additional letters or by telephone; additional letters or by telephone;

(2) deficient because it does not consistently enforce the permitting, planning, construction, operation, and maintenance of on-site sewage facility systems, the executive director shall review the authorized agent's response and determine if adequate measures will be taken to correct the deficiencies. If the response is adequate, the executive director will schedule another review of the authorized agent's program one year after the first review to verify that the deficiencies have been corrected. If the authorized agent's response is not adequate, the authorized agent fails to respond, or the executive director's next annual review determines that the authorized agent's program has the same deficiencies as noted during the previous review, the executive director will begin the process of revoking the authorized agent's delegated authority under §285.13 of this title (relating to Revocation of Authorized Agent Delegation); or

(3) endangering human health or safety, the executive director will begin the process of revoking the authorized agent's delegated authority under §285.13 of this title.

Selection and Frequency

•Date of last review•“Action Items” previously noted•Complaints received by TCEQ

Scheduling the Review

•Mutually agreeable schedule

•A letter announcing the Compliance Review

Administrative Review

• Review of local order

• Cooperative agreements

• Public information

Administrative ReviewContinued

•Appeal procedure•Application log book•Application’s review•Authorizations to Construct

(ATC)•Inspection forms•Notice of Approval (NOA)

Administrative Review Continued

•Complaints/log book•Variances•Fee tracking & monthly activity

reports (Water Resources Management Fund)

•Enforcement/JP referrals•Subdivision reviews

Technical Review

•Site/soil evaluation procedures

•Inspection procedures•Equipment•Training/DR certification

Results

•Report completed within 60 days

•Action Item List•Authorized Agent Response

Letter within 45 days

Help from TCEQ

•Regional OSSF Team•Austin Program Support Section

OSSF Program Support Section

James McCaineTechnical or Rules(512) 239-4777

Mike PriceTechnical/Enforcement(512) 239-2150