Part I.
Texas Natural Resource Conservation Commission
Chapter 70.
Enforcement
The Texas Natural Resource Conservation Commission (commission) proposes
amendments to §§70.2, 70.5, 70.7-70.11, 70.51, 70.101, 70.102, and
70.104-70.106, concerning Enforcement. This action is necessary to make the
commission's rules more clearly consistent with applicable state statutes
and the Texas Rules of Civil Procedure.
The commission has also conducted its review of the rules in Chapter 70
as required by Article IX, §167, House Bill 1, the General Appropriations
Act. This action results from the commission's review of these rules. The
proposed notice of review is concurrently published in the Rules Review section
of this edition of the
Texas Register.
EXPLANATION OF PROPOSED RULES
Senate Bill 1876, 75th Legislature, 1997, consolidated the commission's
enforcement authority under a new Chapter 7 of the TWC. The proposed rule
amendments would clarify the commission's rules to make them more clearly
consistent with provisions of Texas Water Code (TWC), Chapters 5 and 7, the
Texas Rules of Civil Procedure, and the Texas Administrative Procedure Act
(APA).
The proposed amendment to §70.2, concerning Definitions, changes the
definition of "Contested enforcement case" to make it consistent with the
APA definition of "Contested case." In addition, the definitions are now numbered
to make the section conform to new
Texas Register
publication requirements.
The proposed amendment to §70.5, concerning Remedies, expands the
language regarding permit revocation or suspension to also include licenses,
registrations, and certificates. This change will affect entities which currently
hold any type of authorization from the commission. This amendment corresponds
with TWC, §7.004, which allows the commission remedies cumulative of
all other remedies.
The proposed amendment to §70.7, concerning Force Majeure, deletes
the requirement in subsection (d) that the executive director respond in writing
within 30 days from receipt of notification as to whether an event constitutes
force majeure. The amendment also clarifies the meaning of force majeure within
the framework provided by TWC, §7.251. TWC, §7.251, does not require
the executive director to respond within a 30-day time period. The change
would give the executive director discretion to respond fully and appropriately
in a timely manner, as is consistent with the statute.
The proposed amendment to §70.8, concerning Financial Inability to
Pay; Amount Necessary to Obtain Compliance, deletes the phrase "that is necessary
to deter future violations" in subsection (a) and makes the rule consistent
with current commission policy to make a determination of financial inability
to pay based on the entire penalty amount, not just the portion of the administrative
penalty assessed for deterrence. The commission also proposes to remove the
limitation that an assertion of an inability to pay or a challenge to the
amount of a penalty can only be made in response to an executive director's
preliminary report (EDPR) or petition. The commission proposes to allow such
action simply in response to an enforcement action. This change allows the
respondent an opportunity to provide documentation of financial inability
to pay during the expedited process, as well as in response to an EDPR. Both
changes are necessary in order to make §70.8 more clearly consistent
with how financial inability to pay claims are handled by the commission.
The proposed amendments to §70.9, concerning Installment Payment of
Administrative Penalty, modify subsections (a) and (b) to provide for installment
payments for any kind of enforcement order. The rule originally applied only
to agreed orders. This change would make the rule more clearly consistent
with the legislative authority granted to the commission by TWC, §5.1175(a),
and allow qualifying entities to make installment payments for payment of
administrative penalties in response to all three types of enforcement orders:
agreed, default, and orders arising from a proposal for decision. It has been
the policy of the commission to allow such payment plans, and these revisions
will formalize that policy. A conforming change to subsection (c) is also
proposed.
The proposed amendment to §70.10, concerning Agreed Orders, modifies
subsection (c) to make it consistent with the 30-day publication requirement
imposed by TWC, §7.075.
The proposed amendments to §70.11, concerning Notice of Decisions
and Orders, prescribe the contents of a notice of a ruling, order, or decision
issued by the commission. This modification reflects that the legislature
has provided the public the right to comment on all proposed administrative
orders, and it ensures consistency with TWC, §7.059 and §7.075.
In addition, the commission proposes to delete the reference to Texas Health
and Safety Code (HSC), §382.096, which was repealed by the legislature
effective September 1, 1997.
The proposed amendment to §70.51, concerning Mandatory Enforcement
Hearings, deletes subsection (a)(2)-(4). Subsection (a)(4) references HSC,
§382.082, which was repealed by the Texas Legislature effective September
1, 1997. The language in subsection (a)(2) and (3) is not required by TWC,
§5.117, relating to Mandatory Enforcement Hearings, and is therefore
being deleted. In addition, it is proposed that the last sentence of subsection
(a), reading "a certificate of convenience and necessity is not considered
to be a permit or license for purposes of this section" would be deleted,
since a certificate of convenience and necessity is considered a "permit or
license" for enforcement purposes.
The proposed amendment to §70.101, concerning Executive Director's
Preliminary Report, would delete the provision that an EDPR can be superseded
by a petition. The commission believes that this language is repetitive, since
an EDPR is, in practice, also a petition. In addition, a provision would be
added to reflect that the EDPR must include the corrective action requested
by the executive director as provided by TWC, §7.054.
The proposed amendment to §70.102, concerning Pleadings Other than
the Executive Director's Preliminary Report, would modify subsection (c) to
provide that a pleading should be allowed "within seven days of the date of
the hearing," as opposed to "up to seven days prior to the hearing." Subsection
(c) is also modified to provide for pleadings filed after the seventh day.
In addition, subsection (d) would be modified to include language concerning
adding or non-suiting additional parties in an amendment to an EDPR by the
executive director. All of these proposed changes provide consistency with
the rules governing civil procedure in Texas courts. The proposed amendments
to §70.104, concerning Notice of Executive Director's Preliminary Report,
would: provide additional methods of service consistent with the Texas Rules
of Civil Procedure; allow the EDPR to be served by facsimile; and reflect
the process for serving the respondent by certified mail and first class mail
simultaneously.
The proposed amendment to §70.105, concerning Answer, would delete
unnecessary language concerning irrigators and irrigator pump installers.
The language is no longer necessary given the repeal of TWC, §34.011,
which contained this requirement. This change consistently applies the rules
regarding a request for a hearing to all programs and requires all respondents
to file an answer within 20 days of the date the EDPR is received.
The proposed amendment to §70.106, concerning Default Order, would
add a new subsection (d) to provide for the effective date of a default order.
This change is proposed to ensure consistency with commission procedural rules
and the APA.
FISCAL NOTE
Jeff Grymkoski, Director of Strategic Planning and Appropriations, has
determined that for the first five-year period the sections are in effect,
there will be no significant fiscal implications for state or local government
as a result of administering or enforcing the sections. The purpose of this
action is to clarify the commission's rules governing enforcement and to ensure
compliance with the Administrative Procedure Act, Texas Water Code, Chapters
5 and 7, and the Texas Rules of Civil Procedure.
PUBLIC BENEFIT
Mr. Grymkoski also has determined that for each year of the first five
years the sections are in effect, the anticipated public benefit will be greater
consistency among commission rules, the Administrative Procedure Act, the
Texas Rules of Civil Procedure, and Texas Water Code, Chapters 5 and 7. In
addition, it is anticipated that these sections will result in further streamlining
and simplification of certain commission procedural requirements. There is
no anticipated economic cost to persons who are required to comply with the
sections as proposed.
SMALL BUSINESS ANALYSIS
There are no anticipated economic costs to any small businesses to comply
with the proposed sections. The primary purpose of this action is to simply
streamline the commission's procedural rules and make them more consistent
with the Administrative Procedure Act, Texas Water Code, Chapters 5 and 7,
and the Texas Rules of Civil Procedure.
DRAFT REGULATORY IMPACT ANALYSIS
The commission has reviewed the proposed rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225, and has determined
that it is not subject to §2001.0225 because it does not meet the definition
of a "major environmental rule" as defined in that statute, and it does not
meet any of the four applicability requirements listed in §2001.0225(a).
The rules are not major environmental rules because they prescribe procedural
requirements for commission enforcement actions. The proposed rule amendments
do not prescribe any major new requirements on any sector of the state. The
intent of this action is to make the rules more clearly consistent with TWC,
Chapters 5 and 7, the APA, and the Texas Rules of Civil Procedure. Furthermore,
the rules are consistent with both state and federal mandates, and they are
adopted under authority granted by TWC, Chapters 5 and 7. Additionally, Texas
Government Code (TGC), §2001.004, requires state agencies to adopt rules
of practice. Finally, the proposal concerns procedural amendments to existing
rules and thus, delegation agreements or contracts are not expressly implicated.
TAKINGS IMPACT ASSESSMENT
The commission has prepared a takings impact assessment of these rules
under Texas Government Code, §2007.043. The following is a summary of
that assessment. The specific purpose of this action is to make these rules
more clearly consistent with TWC, Chapters 5 and 7. The rules also provide
for greater consistency with Texas Rules of Civil Procedure and the APA. Adoption
of these rules will substantially advance these purposes by providing specific
provisions on these matters. Promulgation and enforcement of these rules will
not burden private real property which is the subject of these rules because
they affect only the commission's procedural requirements for enforcement
actions and clarify the rules for consistency purposes.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has reviewed the proposed rulemaking and found that the
proposal is a rulemaking identified in the Coastal Coordination Implementation
Rules, 31 TAC §505.11, or will affect an action/authorization identified
in the Coastal Coordination Act Implementation Rules, 31 TAC §505.11,
and will, therefore, require that applicable goals and policies of the Coastal
Management Program (CMP) be considered during the rulemaking process.
The commission has prepared a consistency determination for the proposed
rules under 31 TAC §505.22, and found that the proposed rules are consistent
with the applicable CMP goals and policies. The following is a summary of
that determination. The CMP goal applicable to the proposed rules is the goal
to protect, preserve, restore, and enhance the diversity, quality, quantity,
functions, and values of coastal natural resource areas. CMP policies applicable
to the proposed rules include the administrative policies and the policies
for specific activities related to: construction and operation or solid waste
treatment, storage, and disposal facilities; and discharge of municipal and
industrial wastewater to coastal areas. Promulgation and enforcement of these
proposed rules is consistent with the applicable CMP goals and policies because
the proposed rules are only procedural in nature and continue to ensure the
effective enforcement of commission rules and permits concerning these matters.
Promulgation and enforcement of these rules will not violate or exceed any
standards identified in the applicable CMP goals and policies because they
will result in effective enforcement and greater consistency with applicable
state statutes, the APA, and Texas Rules of Procedure.
The commission invites public comment on the consistency of the proposed
rules with the CMP.
PUBLIC HEARING
A public hearing on this proposal will be held March 1, 1999, at 10:30
a.m. in Room 2210 of Texas Natural Resource Conservation Commission Building
F, located at 12100 Park 35 Circle, Austin. The hearing is structured for
the receipt of oral or written comments by interested persons. Individuals
may present oral statements when called upon in order of registration. Open
discussion will not occur during the hearing; however, an agency staff member
will be available to discuss the proposal 30 minutes before the hearing and
will answer questions before and after the hearing.
SUBMITTAL OF COMMENTS
Comments may be submitted to Lisa Martin, Office of Policy and Regulatory
Development, MC 205, P.O. Box 13087, Austin, Texas, 78711-3087 or faxed to
(512) 239-4808. All comments should reference Rule Log Number 98053-070-AD.
Comments must be received by 5:00 p.m., March 1, 1999. For further information,
please contact Brian Christian, Policy Research Division, (512) 239- 1760.
Persons with disabilities who have special communication or accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
Subchapter A. Enforcement Generally
30 TAC §§70.2, 70.5, 70.7-70.11
STATUTORY AUTHORITY
The amendments are proposed under the following sections of the TWC: §5.103,
which establishes the commission's general authority to adopt rules; §5.105,
which establishes the commission's authority to set policy by rule; and §§7.001
The proposed amendments implement TWC, §§5.103, 5.105, and 7.001
§70.2.Definitions.
Unless specifically defined in this chapter, all terms used in these
rules bear the same definitions ascribed by the Texas Water Code, the Texas
Health and Safety Code, the APA, and commission rules. The terms specifically
defined for the purposes of this chapter are as follows.
(1)
Contested enforcement case-An action in which
the executive director seeks an enforcement order and the respondent
has an opportunity for an adjudicative hearing
[
(2)
Executive director's preliminary report
(EDPR)-A pleading filed by the executive director which, when issued and served
under this title, seeks an enforcement order against a respondent. EDPR is
further defined in Subchapter C of this chapter (relating to Enforcement Referrals
to SOAH).
(3)
Petition-The instrument by which the executive
director states a cause of action for an enforcement order against a respondent.
When an EDPR is filed and issued under this chapter the EDPR and notice constitute
a petition, as do amended EDPRs and amended or supplemental petitions.
(4)
Respondent-A person against whom the executive
director is seeking an enforcement order.
§70.5.Remedies.
Remedies available to the commission in enforcement actions include
all those found in the Texas Water Code, the Texas Health and Safety Code,
and the APA. These include, but are not limited to, issuance of administrative
orders with or without penalties, referrals to the Texas Attorney General's
Office for civil judicial action, referrals to the Environmental Protection
Agency for civil judicial or administrative action, referrals for criminal
action, or permit
, license, registration, or certificate
revocation
or suspension. Nothing herein shall be construed to preclude the executive
director from seeking any remedy in law or equity not specifically mentioned
in these rules. In addition, an enforcement matter may be resolved informally
without a contested case proceeding in appropriate circumstances.
§70.7.Force Majeure.
(a)
If a person can establish that an event that would
otherwise be a violation of a statute, rule, order, or permit was caused solely
by
[
(b)-(c)
(No change.)
[
§70.8.Financial Inability to Pay; Amount Necessary to Obtain Compliance.
(a)
If any respondent, in response to
a contested enforcement
case
[
(b)
(No change.)
§70.9.Installment Payment of Administrative Penalty.
(a)
Any person(s), firm, or business may, upon approval of
the commission, be allowed to make installment payments of an administrative
penalty imposed in
a commission
[
(b)
A qualifying small business upon written request shall
be allowed to make installment payments of an administrative penalty imposed
under a commission order
[
(1)-(2)
(No change.)
(3)
The amount and payment schedule of monthly installments
must be specified by
a commission
[
(4)
(No change.)
§70.10.Agreed Orders.
(a)-(b)
(No change.)
(c)
When an agreement is reached, the executive director shall
publish the proposed agreed order in the
Texas Register
for public comment not later than the 30th day before the date
on which the public comment period closes, under Texas Water Code, §7.075.
Once the proposed agreed order is published, the executive director shall
file the agreed order with the chief clerk
so that all timely public
comments will be received by the executive director before the commission
meeting on which the item is set.
The chief clerk shall then schedule
the agreed order for consideration during a commission meeting under Chapter
10 of this title (relating to Commission Meetings). If the enforcement action
is under the jurisdiction of SOAH, the judge shall remand the action to the
executive director who will file the agreed order with the chief clerk for
commission consideration. The judge is not required to prepare a proposal
for decision or memorandum regarding the settlement.
§70.11.Notice of Decisions and Orders.
(a)
For rulings, orders, or decisions issued by the commission,
parties shall be given notice, either personally or by first class mail, in
accordance with the APA, §2001.142.
The notice shall include:
[
(1)
the commission's findings;
(2)
the amount of the penalty;
(3)
the right to judicial review of the
commission's order; and
(4)
any other information required by
law.
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 15, 1999.
TRD-9900272
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: May 12, 1999
For further information, please call: (512) 239-1966
30 TAC §70.51
STATUTORY AUTHORITY
The amendment is proposed under the following sections of the TWC: §5.103,
which establishes the commission's general authority to adopt rules; §5.105,
which establishes the commission's authority to set policy by rule; and §§7.001
The proposed amendment implements TWC, §§5.103, 5.105, and 7.001
§70.51.Mandatory Enforcement Hearings.
(a)
The executive director shall monitor compliance with all
permits and licenses issued by the commission. If the evidence available to
the executive director through the monitoring process indicates that a permittee
or licensee is in substantial noncompliance for a period of four consecutive
months, or for a shorter period of time if the executive director considers
an emergency to exist, the executive director shall report this fact to the
commission together with the information relating to the noncompliance. [
[
The executive director may consider the magnitude
and frequency of noncompliances with permit or license limitations and conditions
in determining the existence of substantial noncompliance.
[
[
[
(b)-(c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 15, 1999.
TRD-9900273
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: May 12, 1999
For further information, please call: (512) 239-1966
30 TAC §§70.101, 70.102, 70.104-70.106
STATUTORY AUTHORITY
The amendments are proposed under the following sections of the TWC: §5.103,
which establishes the commission's general authority to adopt rules; §5.105,
which establishes the commission's authority to set policy by rule; and §§7.001
The proposed amendments implement TWC, §§5.103, 5.105, and 7.001
§70.101.Executive Director's Preliminary Report.
(a)
(No change.)
(b)
An EDPR shall include a brief statement of the nature of
the violation, the statute or statutes violated, the facts relied upon by
the executive director in concluding that a violation has occurred, a recommendation
that an administrative penalty be assessed, the amount of the recommended
penalty,
any corrective action to be taken by the respondent,
and
an analysis of the factors required in the relevant statute and rules to be
considered by the commission in determining the amount of the penalty. [
§70.102.Pleadings Other Than the Executive Director's Preliminary Report.
(a)-(b)
(No change.)
(c)
Within seven days of the date of the evidentiary
[
(d)
The executive director may amend an EDPR by filing a petition
with the chief clerk, in which the executive director may make such changes
as the law allows, including
,
but not limited to
,
changes in the following: the amount of the penalty, up to the maximum allowable
by statute; the violations alleged, to include any or all violations which
are not precluded by law from being brought; the number of days of occurrence
of previously alleged violations; and the injunctive relief (or remedial ordering
provisions) sought. The right to change the violations alleged includes the
right to add causes of action based on statutes within the commission's jurisdiction
other than the one or ones upon which the EDPR in the case was based.
In addition, the executive director may also amend to add or non-suit parties
to the contested enforcement case.
Petitions are pleadings and shall
be served on the parties in accordance with this Chapter and Chapter 1 of
this title.
(e)
(No change.)
§70.104.Notice of Executive Director's Preliminary Report.
(a)-(b)
(No change.)
(c)
Additional methods of service
[
(1)
publishing in a newspaper of general circulation
in the county of the last known business or residential address of the respondent,
for a period of seven consecutive days, the following:
(A)
[
(B)
[
(C)
[
(D)
[
(E)
[
(2)
mailing the EDPR by both certified
mail, return receipt requested, and by first class mail, postage prepaid simultaneously.
When the executive director gives the respondent notice of the EDPR to the
respondent's last known address in the manner provided by this paragraph,
timely service will be presumed if the certified mail is returned to the executive
director as unclaimed by the postal service, and the first class mail is not
similarly returned; or
(3)
sending the EDPR by telephonic document
transfer or facsimile not later than the tenth day after the date on which
the EDPR is issued, at or before 5:00 p.m. local time for the respondent.
Service by telephonic document transfer after 5:00 p.m. local time of the
respondent shall be deemed service on the following day.
(d)
(No change.)
§70.105.Answer.
(a)
A respondent may file a pleading with the chief clerk,
which may be in the nature of a general denial as that term is used in state
district courts, entitled an answer, either consenting to the imposition of
the penalties and injunctive relief recommended in the EDPR, or requesting
a contested enforcement case hearing. Any answer must be filed no later than
20 days [
(b)-(f)
(No change.)
§70.106.Default Order.
(a)-(c)
(No change.)
(d)
The effective date of a default order shall
be the date that the order is final under §80.273 of this title (relating
to Decision Final and Appealable) and APA, §2001.144.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 15, 1999.
TRD-9900274
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: May 12, 1999
For further information, please call: (512) 239-1966
, where having
a right to do so, contests the issuance of the order by requesting an evidentiary
hearing
].
Any pollution, or any discharge of waste without a permit
or in violation of a permit, shall not constitute a violation under this chapter
if the pollution or discharge is the result of causes which are outside the
control of the permittee or the permittee's agents and could not be avoided
by the exercise of due care. Such acts include, but are not limited to,
]
an act of God, war, strike, riot, or other catastrophe
, the event is
not a violation of that statute, rule, order, or permit.
(d)
The executive director shall respond in
writing within 30 days from receipt of the notification provided under subsection
(c) of this section with a determination as to whether the event constitutes
a force majeure and an affirmative defense to an enforcement action.
]
an EDPR or petition
], asserts an inability to pay
the penalty recommended in that pleading, or challenges the executive director's
recommendation regarding the amount of penalty that is necessary to deter
future violations, that party shall have the burden of establishing that a
lesser penalty is justified under that party's financial circumstances.
an agreed
] order.
in an agreed order
], subject to
the following.
an agreed
] order.
Notice shall also be given in accordance with Texas Health and Safety
Code, §382.096, where applicable.
]
Subchapter B. Mandatory Enforcement Hearings
A certificate of convenience and necessity is not considered to be a permit
or license for the purpose of this section.
]
(1)
]
(2)
Substantial noncompliance includes
situations involving permit or license violations which cause or have the
potential to cause a significant water quality problem in, or impairment of
the uses of, a receiving stream, groundwater, or other water in the state,
infringes upon the water rights of diverters or appropriators of water of
the state, or results in a release or threat of release of hazardous waste
to the environment, or any other set of circumstances which present a threat
to public health or safety or the environment. This set of circumstances includes,
but is not limited to, a failure to monitor operations or report information
required by a permit or license regarding the operation of a facility without
which the operator and/or the commission may be unable to adequately assess
the performance of the facility and thereby assure that environmental harm
or threats to public health have not occurred and may not occur. In addition,
substantial noncompliance will be assessed in terms of the degree of deviation
from any requirement of a permit or license independent of the harm or potential
harm to the environment or to public health.
]
(3)
An emergency, for purposes of this
subsection, involves an unforeseen set of circumstances which calls for immediate
commission action due to an actual or potential hazard to public health and
safety, or severe adverse impact on or to the uses of a receiving stream,
groundwater, or other water in the state. If the emergency is of sufficient
gravity, the executive director shall report the emergency to the commission
together with the information relating to the noncompliance and shall advise
the commission of the necessity of seeking a temporary restraining order,
temporary injunction, or any other remedy in equity or law necessary for the
abatement of the condition or conditions causing or contributing to the emergency,
if such remedy is authorized by statute.
]
(4)
Substantial noncompliance with provisions
of Texas Health and Safety Code, Chapter 382, or with rules, permits, or orders
promulgated pursuant to that chapter, shall be handled pursuant to Texas Health
and Safety Code, §382.082.
]
Subchapter C. Enforcement Referrals to SOAH
An EDPR may be superseded by a petition.
]
Up to seven days prior to the
] hearing, parties may file
pleadings, supplemental or amended, so long as these pleadings do not operate
as
a
[
an unfair
] surprise to the opposite party.
Pleadings filed after the seventh day before the evidentiary hearing shall
be filed only after leave of the judge is obtained. Leave shall be granted
by the judge unless there is a showing that such filing will operate as a
surprise to the opposite party. Late-filed amendments
[
Amendments
after that time will be at the discretion of the judge and
] may constitute
grounds for a continuance.
Service
by publication
]. Where the executive director has been unable to deliver
notice to the respondent through reasonable attempts to serve respondent by
the methods described in subsection (b) of this section, notice may be effected
by
:
(1)
] the name of the person charged;
(2)
] a brief summary of the charges;
(3)
] a statement of the amount
of the penalty recommended, if any;
(4)
] a statement that injunctive
or remedial relief is sought; and
(5)
] a statement of the right of
the person charged to a hearing on the occurrence of the violation, the amount
of the penalty, or both
;
[
.
]
, or 30 days for irrigators and irrigation system installers,
] after the date on which notice of an EDPR is received. Failure to
file the answer by the required date after the date on which notice of EDPR
is received may result in a default order, as described in §70.106 of
this title (relating to Default Order), being issued against the respondent.
Chapter 120.
Control of Air Pollution from Hazardous Waste or Solid Waste Management Facilities