P. O. Box 1931 Austin, TX 78767 512-477-1729 (phone) 512-477-8526 (fax) lonestar.chapter@sierraclub.org www.texas.sierraclub.org

For more information: Justin Taylor (512-663-4004) Ken Kramer (512-476-6962)

PRESS RELEASE

A report released Wednesday by the State Auditors Office highlights significant deficiencies in the permitting and enforcement practices of the Texas Commission on Environmental Quality. The audit of the agency in charge of enforcing the state’s clean air and water laws and protecting the state’s environment details a number of inadequate and ineffective procedures for recordkeeping, calculating and collecting penalties, and holding violators accountable, thereby deterring future violations.Among its other findings, the report states that:

• The Commissions enforcement process does not ensure that enforcement orders are issued on a timely basis or that enforcement cases are settle by established deadlines

• The lack of timely enforcement orders may allow violations to continue and slows penalty collection

• Inaccurate penalty calculations and slow collection of delinquent accounts may weaken the enforcement process

• Poor file management limits the availability of information for public participation and permitting processes

• Data used to monitor compliance with some permits is not accurate

The report concludes that “if unaddressed, these inconsistencies could limit the Commission’s ability to collect penalties on a timely basis, hold environmental violators accountable, and deter future instances of noncompliance.

The State Auditor’s report reiterates several assertions made by the Sierra Club in a report released this summer titled “Murky Waters: Industrial Dairies and the Failure to Regulate.” The report details the water quality problems in the Bosque and Leon River watersheds due to polluted runoff from dairy concentrated animal feeding operations (CAFOs), and the TCEQ’s lenient permitting process and lack of enforcement. The report is available at the Sierra Club’s website at www.sierraclub.org/factoryfarms/murkywaters.