(a) A findings agreed order is an enforcement order that is drafted with findings of fact and conclusions of law.
(b) An agreed order may be drafted as a findings order when any of the following six criteria are satisfied:
  (1) absence of management practices designed to ensure compliance;
  (2) a violation of a commission issued enforcement order or court order;
  (3) a violation contained in the agreed order involves an emission or discharge of contaminants to the environment or other actions meeting one or more of the following criteria:
    (A) people have been exposed to pollutants which exceed levels that are protective;
    (B) environmental receptors have been exposed to pollutants which exceed levels that are protective;
    (C) unauthorized diversion, taking, or storage of state water or an unauthorized change in flood elevation of a stream which deprives others of water, severely affects aquatic life, or results in a safety hazard, property damage, or economic loss; or
    (D) unauthorized emissions which are excessive emissions events, as set out in §101.222(a) of this title (relating to Demonstrations);
  (4) the respondent has been the subject of any of the following repeated enforcement actions (Notice of Violation, enforcement order, judgment) over the prior five-year period from the Notice of Enforcement date:
    (A) three repeated enforcement actions for the same violation as contained in the current agreed order or a substantial history of the same violation entity-wide;
    (B) three repeated enforcement actions for the same violations or substantial history of the same violation as contained in the current agreed order by the same respondent who is required to be registered, certified, or licensed by TCEQ prior to performing certain activities;
    (C) two prior enforcement orders having the same general cause for nuisance violations;
  (5) regardless of specific violations, a respondent has demonstrated a pattern of non-compliance with environmental laws; or
  (6) indifference to legal duty.

Source Note: The provisions of this §70.11 adopted to be effective August 30, 2012, 37 TexReg 6609