5th Annual Harris County Onsite Wastewater Seminar Harris County Watershed Protection Group Mike Price On-site Wastewater Program Texas Commission on Environmental Quality (512) 239-2150 mike.price@tceq.texas.gov Houston, Texas May 5, 2015 1
Criminal Acts in OSSF and Beyond 2
OSSF COMPLIANCE & ENFORCEMENT 2015 3
Complaints 4
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Complaints VS Court Cases 6
A Cautionary Tale Criminal Activity 7
Fayette County The Transporter On or about January 28, 2015 8
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The Fayette County Sheriff s Office Narcotics Canine Unit stopped a toilet vacuum service truck on Interstate 10 10
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After contact with the driver was made, consent to search the vehicle was obtained. 12
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The deputy removed the lid to the vacuum tank on the bed of the truck and observed the tank was full of marijuana bundles. 14
The vacuum tank was unloaded and approximately 1,495 pounds of marijuana was removed from the tank. 15
The operator (from Laredo) was arrested and charged with Possession of Marijuana. 16
Meanwhile Next Door (Colorado County) 17
Convictions Obtained 3 Convictions for Unlicensed Installation Plus 1 Pending Case 18
Pending Case Unlicensed Installation 3 rd Offense Enhancements to Apply Up to $2,000 Penalty and Up to 60 Days Confinement Transporter Connection 19
The Transporter Connection Under Enforcement Action Transporting grease trap waste with expired Transporter Registration Failure to dispose of waste at a TCEQ approved facility Failure to complete manifests for waste transported and maintain records Several equipment violations 20
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What Can You Do About Transporter Issues? 22
OSSF Violations for Transporters TH&SC Chapter 366 Subchapter E Sec. 366.071(a)A License Required to construct, install, alter, extend, service, maintain, or repair an on-site sewage disposal system 30 TAC 285.50 (b) shall hold a current installer license 23
The Authorized Agent Has Authority to Conduct Enforcement Against Unlicensed OSSF Installers and Maintenance Providers 24
Transporter Violations Transporter requirements include registration, delivery, full pump out, vehicle and equipment specifications, reporting, record keeping, discharge and spill requirements and others. 25
Contact Your TCEQ Regional Office if You Suspect or Observe Transporter Violations 26
Transporter Criminal Activities Fraud, Theft and Other Offenses Under Penal Code 27
An Example Case Two or More Claims of Seriously Overcharging Elderly Customers Septic Tank Pumping Cleaning and Repair See Next Slide Concerning Resolution 28
Texas Penal Code Chapter 32.42(b)(9) Falsely Representing the Cost of Property or Service Chapter 32.42(d) Offense Classified as a Class A Misdemeanor Chapter 32.53 Exploitation of the Elderly, 3 rd Degree Felony
Resolved With Plea Bargain Reduced Charge to Theft, Class A Misdemeanor 2 Years Deferred Adjudication 80 Hours Community Service Paid $2,280 Restitution and Court Cost Surrender of License Not to Engage in Any Septic System Maintenance
Other Criminal Activity Stay Up to Date There are Hazards When Criminal Activity is Near 31
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Meth Lab Identification Presentations and Training About Meth Lab Identification and Similar Topics are Available and Recommended 33
A Tale of 8 Brothers Maintenance Company Owner Passes Away 1 Brother Takes Records Selling Contracts Falsification of Signatures No Valid Licenses 5 County Area in Central Texas 34
Criminal Records and Licensing OSSF FY 14 FY 13 New and Renewed 2,870 1,040 licenses Total licenses 6,541 6,544 Denied licenses 0 2 35
Message From Operator Licensing Applicants For A New License Operator Licensing Will Evaluate Criminal Records for the Applicant at No Charge, Before The Applicant Invests in Coursework and Fees 36
The 84 th Legislature of the State of Texas is in Session 37
Key Session Dates March 13, 2015 Last Date for Filing Bills June 1, 2015 Last Day of the Regular Session June 21, 2015 Last Day for Signing Bills 38
The Following Listed Bills May Be of Interest to Those Working With OSSF Enforcement 39
Professional Licenses HB 1503 Relating to the rights of certain defendants who successfully complete a term of community supervision HB 404 Relating to prohibitions on certain employment and volunteer activity for sex offenders required to register for life HB 476 Relating to the consequences of successfully completing a period of defered adjudication community supervision 40
Professional Licenses HB 551 Relating to the consideration of criminal history record information regarding applicants for professional licenses HB 630 Relating to requiring state contractors and governmental entities to participate in the federal electronic verification of work authorization program, or E-verify 41
If You are Interested in Legislation Locate the Texas Legislature Online Web- Site Read Bills of Interest Work With Your Professional Organization on Legislative Issues Find Out How to Comment on Legislation 42
TCEQ and Legislation TCEQ Provides Analysis and Information Including, Impact on the Agency, Programs, Rules, Staffing Fiscal Analysis, Cost to The State, Local Governmental Entities and the Public Feasibility Analysis of Potential Conflicts with Existing Statutes 43
What We Don t Do Editorialize Provide a Value Judgment Guide You in Forming Opinions 44
OSSF Related HB 1192 HB 1226 HB 1301 Relating to permissible uses of graywater for domestic use Relating to the desigination of a local governmental entity as an authorized agent of the TCEQ to regulate the use of on-site sewage disposal systems Relating to the authority of the TCEQ to adopt rules prohibiting the use of an onsite sewage disposal system with an absorptive effluent disposal system 45
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Designated Representative Enforcement Workshops (DREWS) Midland/Odessa August 2015, Stay Tuned 47
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Thanks for Coming to Houston in 2015 49