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How to prepare for an Authorized Agent Compliance Review

How to prepare for an Authorized Agent Compliance Review. Ronald Hebert Water Section Manager Region 10/ Beaumont (409)898-3838. Major Topics. Authority Selection and Frequency Parts of the review Results Response Help. Authority. Texas Health and Safety Code §366.034

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How to prepare for an Authorized Agent Compliance Review

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  1. How to prepare for an Authorized Agent Compliance Review Ronald Hebert Water Section ManagerRegion 10/ Beaumont(409)898-3838

  2. Major Topics • Authority • Selection and Frequency • Parts of the review • Results • Response • Help

  3. Authority • Texas Health and Safety Code §366.034 • Title 30 Texas Administrative Code 285.12

  4. 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.

  5. 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;

  6. 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:

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

  8. (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

  9. (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.

  10. Selection and Frequency • Date of last review • “Action Items” previously noted • Complaints received by TCEQ

  11. Scheduling the Review • Mutually agreeable schedule • A letter announcing the Compliance Review

  12. Administrative Review Review of local order Cooperative agreements Public information

  13. Administrative ReviewContinued • Appeal procedure • Application log book • Application’s review • Authorizations to Construct (ATC) • Inspection forms • Notice of Approval (NOA)

  14. Administrative Review Continued • Complaints/log book • Variances • Fee tracking & monthly activity reports (Water Resources Management Fund) • Enforcement/JP referrals • Subdivision reviews

  15. Technical Review • Site/soil evaluation procedures • Inspection procedures • Equipment • Training/DR certification

  16. Results • Report completed within 60 days • Action Item List • Authorized Agent Response Letter within 45 days

  17. Help from TCEQ • Regional OSSF Team • Austin Program Support Section

  18. OSSF Program Support Section James McCaine Technical or Rules (512) 239-4777 Mike Price Technical/Enforcement (512) 239-2150

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