Only those classifications that result from compliance history
ratings of at least 30 may be
appealed.
Who may appeal a classification?
Anyone who has an interest in a compliance history
classification may appeal the classification.
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Where do I send my appeal?
Send your appeal and all the supporting documents by certified
mail, return receipt requested, to:
- Mark R. Vickery, P.G., Executive Director
- Attn: John Sadlier, Enforcement Division Director, MC 219
- Texas Commission on Environmental Quality
- P.O. Box 13087
- Austin, TX 78711-3087
If you are appealing the classification of some other person,
then you must also send a copy of the appeal to that person by
certified mail, return receipt requested. The person will have 10
days to submit a reply to us and to you regarding the appeal.
If you are appealing the classification of a site and are not
the permit holder or owner of that site, then you must also send a
copy of the appeal to each owner and permit holder by certified
mail, return receipt requested. Each will have 10 days to submit a
reply to us and to you regarding the appeal.
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What issues must I address?
In your appeal of a classification, you must:
- Tell what you are appealing.
- State the grounds for your appeal.
- State the specific relief sought.
- Show that this relief will change this classification.
- Include all supporting documents.
There is no hearing associated with this process, so your
written appeal must stand on its own merit. Be sure to include each
argument and item of evidence that you believe supports your
position.
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When is the deadline for filing this appeal?
Your appeal must be received by the TCEQ no later than 45 days
after the classification was posted on this Web site—that is,
in the online lists and the Compliance History
Database. (This date appears in the lists and database under
“Date Posted.”)
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Where are the rules for these appeals?
See 30 TAC
60.3(e) 
.
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