respondent name: brumley manufacturing, llc docket …

EXECUTIVE SUMMARY - ENFORCEMENT MATTER

of 2DOCKET NO.: 2009-0006-AIR-E TCEQ ID: RN105555767 CASE NO.: 36956

RESPONDENT NAME: Brumley Manufacturing, LLC

ORDER TYPE:

X 1660 AGREED ORDER _FINDINGS AGREED ORDER _FINDINGS ORDER FOLLOWINGSOAH HEARING

_FINDINGS DEFAULT ORDER _SHUTDOWN ORDER -IMMINENT AND SUBSTANTIALENDANGERMENT ORDER

_AMENDED ORDER _EMERGENCY ORDER

CASE TYPE:

X AIR -MULTI-MEDIA (check all that apply) -INDUSTRIAL AND HAZARDOUSWASTE

PUBLIC WATER SUPPLY -PETROLEUM STORAGE TANKS -OCCUPATIONAL CERTIFICATION

_WATER QUALITY -SEWAGE SLUDGE _UNDERGROUND INJECTIONCONTROL

-MUNICIPAL SOLID WASTE _RADIOACTIVE WASTE -DRY CLEANER REGISTRATION

SITE WHERE VIOLATION(S) OCCURRED: Brumley Manufacturing, 22840 Mack Washington Lane, Hempstead, Waller County

TYPE OF OPERATION: Welding fabrication plant

SMALL BUSINESS:

X Yes

No

OTHER SIGNIFICANT MATTERS: There are no complaints. There is no record of additional pending enforcement actions regarding thisfacility location.

PARTIES:_No one_other_than the_ED_ and the_,Respoilderithas_ expressed an interest in this matter._INTERESTED

COMMENTS RECEIVED: The Texas Register comment period expired on April 13, 2009. No comments were received.

CONTACTS AND MAILING LIST:TCEQ Attorney/SEP Coordinator: NoneTCEQ Enforcement Coordinator: Mr. Bryan Elliott, Enforcement Division, Enforcement Team 4, MC 149, (512) 239-6162; Ms.Cari-Michel La Caille, Enforcement Division, MC 219, (512) 239-1387Respondent: Mr. James Puryear, Owner, Brumley Manufacturing, LLC, P.O. Box 883, Hempstead, Texas 77445Ms. Beth Brumley, President, Brumley Manufacturing, LLC, P.O. Box 883, Hempstead, Texas 77445Respondent's Attorney: Not represented by counsel on this enforcement matter

execsum/5-23-08/app-26c.doc

RESPONDENT NAME: Brumley Manufacturing, LLC

of 2DOCKET NO.: 2009-0006-AIR-E

Additional ID No(s).: TXR05X866

VIOLATION SUMMARY CHART:

VIOLATION INFORMATION CORRECTIVE ACTIONS'TAKEN/REQUIRED

Type of Investigation:_ ComplaintX Routine_ Enforcement Follow-up

Records Review

Date(s) of Complaints Relating to thisCase: None

Date of Investigation Relating to thisCase: November 14, 2008

Date of NOY/NOE Relating to this Case:December 5, 2008 (NOE)

Background Facts: This was a routineinvestigation.

AIR

Failure to obtain authorization for airemissions. Specifically, the Respondentengaged in surface coating and abrasiveblasting operations without first obtainingthe appropriate authorization [30 TEx.

ADMIN. CODE § 116.110(a) and TEx.

HEALTH & SAFETY CODE §§ 382.0518(a)and 382.085(b)].

Total Assessed: $2,100

Total Deferred: $420X Expedited Settlement

-Financial Inability to Pay

SEP Conditional Offset: $0

Total Paid to General Revenue: $1,680

Site Compliance History Classification_ high X Average

Poor

Person Compliance History ClassificationHigh X Average _ Poor

Major Source: _ Yes X No

Applicable Penalty Policy: September 2002

Ordering Provisions:

The Order will require the Respondent to:

a. Within 30 days after the effective date ofthis Agreed Order, submit administrativelycomplete permit applications or Form PI-7s requesting authorization to operateunder Permits By Rule for abrasiveblasting operations and surface coatingoperations;

b. If permit applications are submitted,respond completely and adequately, asdetermined by the TCEQ, to all requestsfor information concerning the permitapplications within 30 days after the dateof such requests, or by any other deadlinespecified in writing; and

c. Within 90 days after the effective date ofthis Agreed Order, submit writtencertification that either authorization toconstruct and operate a source of airemissions has been obtained or thatconstruction/operation has ceased untilsuch time that appropriate authorization isobtained. The certification shall includedetailed supporting documentationincluding receipts, and/or other records todemonstrate compliance.

execsuni5-23-08/app-26c.doc

2/26/2009 H:\Agreed Orders\BrumleyManufacturingLLC-2009-0006-AIR\brumley pcw.xls

Penalty Calculation Worksheet (PCW)PolicyRevision 2 (September 2002)

PCW Revision October 30, 2008

TCEQDATES

AssignedPCW

8-Dec-200817-Dec-2008 Screenings10-Dec-2008 ( EPA Duel

RESPONDENT/FACILITY INFORMATIONBrumley Manufacturing, LLCRN10555576712-Houston Major/Minor Source' Minor

No. of Violations369562009-0006-AIR-E Order Type 1660Air Government/Non-Profit No

Enf. Coordinator Bryan ElliottEC's Team Enforcement Team 4

Admin. Penalty $ Limit Mmimuml

$0

Maximum

$10,000

Penalty Calculation Section

TOTAL BASE PENALTY (Sum of violation base penalties)

Subtotal 1

$2,000

ADJUSTMENTS (+/-) TO SUBTOTAL 1Subtotals 2-7 are obtained by multiplying the Total Base Penalty (Subtotal 11 by the indicated percentageCompliance History 5.0%Enhancement Subtotals 2, 3, & 7

Notes The penalty was enhanced due to one NOV for the same violation.

0.0% Enhancemen

Subtotal 4

so(

Notes

The Respondent does not meet the culpability criteria.

Good Faith Effort to Comply Total Adjustments

Subtotal 5

$0

RespondentReg. Ent. Ref. No.

Facility/Site Region

CASE INFORMATIONEnf./Case ID No.

Docket No.Media Program(s)

Multi-Media

Economic BenefitTotal ES Amounts

Approx. Cost of Compliance

SUM OF SUBTOTALS 1-7

OTHER FACTORS AS JUSTICE MAY REQUIREReduces or enhances the Final Subtotal by the indicated percentage.

Notes

STATUTORY LIMIT ADJUSTMENT

0.0% Enhancement*

Subtotal 6'Capped at the Total EB S Amount

Final Subtotal

0.0%

Adjustment

Final Penalty Amount

Final Assessed Penalty

$0

$2,100

$0

$2,100

$2,100

$00S1,800

DEFERRAL

20.0% Reduction AdjustmentReduces the Final Assessed Penalty by the indicted percentage. (Enter number only; e.g. 20 for 20% reduction.)

Notes

Deferral offered for expedited settlement.

-$420

PAYABLE PENALTY

$1,680

of 2, 2/26/2009, H:\Agreed Orders\BrumleyManufacturingLLC-2009-0006-AIR\brumley pcw.xls

Screening Date 10-Dec-2008

Docket No. 2009-0006-AIR-E

Respondent Brumley Manufacturing, LLC

Case ID No. 36956

Reg. Ent. Reference No. RN105555767

Media [Statute] Air

Enf. Coordinator Bryan Elliott

Compliance History WorksheetCompliance History Site Enhancement (Subtotal 2) ,

Component Number of...

Enter Number Here Ad 'lust.

NOVsWritten NOVs with same or similar violations as those in the current enforcement action(number of NOVs meeting criteria ) 1 5%

Other written NOVs 0 0%

Orders

Any agreed final enforcement orders containing a denial of liability (number of ordersmeeting criteria )

0 b%

Any adjudicated final enforcement orders, agreed final enforcement orders without a denialof liability, or default orders of this state or the federal government, or any final prohibitoryemergency orders issued by the commission

0 0%

Judgments

Any non-adjudicated final court judgments or consent decrees containing a denial of liabilityof this state or the federal government (number of judgements or consent decrees meetingcriteria )

0

. 0%

and ConsentDecrees Any adjudicated final court judgments and default judgments, or non-adjudicated final court

judgments or consent decrees without a denial of liability, of this state or the federalgovernment

0 0%

Convictions Any criminal convictions of this state or the federal government (number of counts) 0 0%Emissions Chronic excessive emissions events (number of events) 0 0%

Audits

Letters notifying the executive director of an intended audit conducted under the TexasEnvironmental, Health, and Safety Audit Privilege Act, 74th Legislature, 1995 (number ofaudits for which notices were submitted)

0 0%

Disclosures of violations under the Texas Environmental, Health, and Safety Audit PrivilegeAct, 74th Legislature, 1995 (number of audits for which violations were disclosed ) 0 0%

P/ease Enter Yes or No

Environmental management systems in place for one year or more No 0%

Voluntary on-site compliance assessments conducted by the executive director under aNo 0%

Otherspecialassistance program

Participation in a voluntarypollution reduction program No 0%

Early compliance with, or offer of a product that meets future state or federal governmentNo 0%

environmental requirements

Adjustment Percentage (Subtotal 2) 5%

k>> Repeat Violator (Subtotal 3)

Adjustment Percentage (Subtotal 3) 0%

>> Compliance History Person Classification (Subtotal 7)

Average Performer Adjustment Percentage (Subtotal 7) 0%

i>> Compliance History Summary

The penalty was enhanced due to one NOV for the same violation.

Total Adjustment Percentage (Subtotals 2, 3, & 7) 1 5%

PCW

Policy Revision 2 (September 2002)


of 2, 2/26/2009, H:\Agreed Orders\BrumleyManufacturingLLC-2009-0006-AIR\brumley pcw.xls

Screening Date 10-Dec-2008

Docket No. 2009-0006-AIR-E

Respondent Brumley Manufacturing, LLC

Case ID No. 36956

Reg. Ent. Reference No. RN105555767

Media [Statute] Air

Enf. Coordinator Bryan ElliottViolation Number

Rule Cite(s)

Failed to obtain authorization for air emissions,-as documented during an investigationViolation Description

conducted on November 14, 2008. Specifically, the Respondent engaged in surfacecoating and abrasive blasting operations without first obtaining appropriate authorization.

1

30 Tex. Admin. Code § 116.110(a) and Tex. Health & Safety Code §§ 382.0518(a) and382.085(b)

PCW

Policy Revision 2 (September 2002) i


>> Environmental, Property and Human Health MatrixHarm

Release Major ModerateOR

ActualPotential

Minor

Percent

Base Penalty

0%

$10,0001

Percent

10%

100% of the rule requirement was not met.

Adjustments $9,000)

Violation Events

Number of Violation Events

2

Number of violation days

MatrixNotes

$1,0001

>>Programmatic MatrixFalsification Major MinorModerate

mark only onewith an x Violation Base Penalty'

dailyweeklymonthlyquarterly

semiannualannual

ngle event

$2,0001x

One quarterly event for each operation is recommended from the November 14, 2008 investigation date tcthe December 10, 2008 screening date:

Good Faith Efforts to Comply

0.0% Reduction

Extraordinary

Ordinary

N/A

Notes

Before NOV NOV to EOFRF,Settlement Offer

x

((mark with x)

The Respondent does not meet the good faith criteria for thisviolation.

Violation Subtotal)

$2,000

Economic Benefit (EB) for this violation

Estimated EB Amount $601

Statutory Limit Test

Violation Final Penalty Total $2,1001

This violation Final Assessed Penalty (adjusted for limits)

$2,100I

of 2, 2/26/2009, H:Wgreed Orders\BrumleyManufacturingLLC-2009-0006-AIR\brumley pcw.xls

Economic Benefit Worksheet

Respondent Brumley Manufacturing, LLCCase ID No. 36956

Reg. Ent. Reference No. RN105555767Media Air

Violation No. 1Percent Interest

Years ofDepreciation 1

L

5.0 1

15Item Cost

Item Description No commas or $Date Required

Final Date

Yes Interest Saved Onetime Costs EB Amount

Delayed CostsEquipment

BuildingsOther (as needed)

Engineering/constructionLand

Record Keeping SystemTraining/Sampling

Reme d iation/DisposalPermit Costs

Other (as needed)

Notes for DELAYED costs

Avoided CosDisposal

PersonnelInspection/Reporting/Sampling

Supplies/equipmentFinancial Assurance [2]

ONE-TIME avoided costs [3]Other (as needed)

Notes for AVOIDED costs

IIII

10.00 $0 $0 $0

II II 1 0.00 $0 $0 $0

^I II I 0.00 $0 $0 $0I__ II I I 1 0.00 $0 $0 $0

II II 1 0.00 $0 n/a $0II II I 0.00 $0 n/a $0II II 1 0.00 $0 n/a $0

I__ II )I 0.00 $0 n/a $0$1,800 II 14-Nov-2008 I I 15-Jul-2009 0.67 $60 r/a $60

II II 1 0.00 $0 ^/a $0

Estimated cost toobtain two Permits by Rule. Date Required is theprospective date of compliance.

investigation date and Final Date is the

ANNUALIZE [1] avoided costs before entering item (except for one-time avoided costs)p

II

II 0.00 $o' $0 $0II

II 0:00 $0 $0 $0II

II 0.00 $0 $0__ $0"'

II

II I 0.00 $0 $0 $0I_

IIII 1 0.00 $0 $0 $0II

II 1 0.00 $0 $0 $0

II

II 1 0,00 $0 $0 $0

Approx. Cost of Compliance

$1,8001

TOTAL

$601

Compliance History Report

Customer/Respondent/Owner-Operator: CN603376708

Brumley Manufacturing, LLC Classification: AVERAGE Rating: 3.00

Regulated Entity: RN105555767

BRUMLEY MANUFACTURING Classification: AVERAGE Site Rating: 3.00

ID Number(s): STORMWATER

PERMIT TXR05X866

Location: 22840 MACK WASHINGTON LANE, HEMPSTEAD, TX,77445

TCEQ Region:

Date Compliance History Prepared:

Agency Decision Requiring Compliance History:

Compliance Period:

REGION 12 - HOUSTON

December 10, 2008

Enforcement

December 10, 2003 to December 10, 2008

TCEQ Staff Member to Contact for Additional Information Regarding this Compliance History

Name:

Bryan Elliott

Phone:

239 - 6162

Site Compliance History Components

1. Has the site been in existence and/or operation for the full five year compliance period?

2. Has there been a (known) change in ownership of the site during the compliance period?

3. If Yes, who is the current owner?

4. if Yes, who was/were the prior owner(s)?

5. When did the change(s) in ownership occur?

6. Rating Date: 9/1/2008 Repeat Violator: NO

Components (Multimedia) for the Site :

A.

Final Enforcement Orders, court judgements, and consent decrees of the state of Texas and the federal government.

N/A

Any criminal convictions of the state of Texas and the federal government.

N/A

Chronic excessive emissions events.

N/A

The approval dates of investigations. (CCEDS Inv. Track. No.)

1

12/05/2008

(708419)

E.

Written notices of violations (NOV). (COEDS Inv. Track. No.)

Date: 07/16/2008 (669113)

Self

NO

Classification:

Moderate

Citation:

30 TAC Chapter 116, SubChapter B 116.110(a)5C THSC Chapter 382 382.085(b)Description:

Failure to operate with proper authorization.

F. Environmental audits.

N/A

G.

Type of environmental management systems (EMSs).

N/A

H.

Voluntary on-site compliance assessment dates.

N/A

I. Participation in a voluntary pollution reduction program.

N/A

J. Early compliance.

N/A

Sites Outside of Texas

N/A

Yes

No

N/A

N/A

N/A

B.

C.

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

IN THE MATTER OF AN

§

BEFORE THEENFORCEMENT ACTION

§CONCERNING

§

TEXAS COMMISSION ONBRUMLEY MANUFACTURING, LLC

§RN105555767

§

ENVIRONMENTAL QUALITY

AGREED ORDERDOCKET NO. 2009-0006-AIR-E

I. JURISDICTION AND STIPULATIONS

At its agenda, the Texas Commission on Environmental Quality ("theCommission" or "TCEQ") considered this agreement of the parties, resolving an enforcement actionregarding Brumley Manufacturing, LLC ("the Respondent") under the authority of TEx. HEALTH &SAFETY CODE-ch 382_ancl TFx_ WATFREDDE ch.2_ he_Erecut ve_Directo ofthe_T EQ,_throughJ11eEnforcement Division, and the Respondent appear before the Commission and together stipulate that:

1.

The Respondent owns and operates a welding fabrication plant at 22840 Mack Washington Lanein Hempstead, Waller County, Texas (the "Plant").

2. The Plant consists of one or more sources as defined in TEX. HEALTH & SAFETY CODE§ 382.003(12).

3. The Commission and the Respondent agree that the Commission has jurisdiction to enter thisAgreed Order, and that the Respondent is subject to the Commission's jurisdiction.

4. The Respondent received notice of the violations alleged in Section II ("Allegations") on or aboutDecember 10, 2008.

5. The occurrence of any violation is in dispute and the entry of this Agreed Order shall notconstitute an admission by the Respondent of any violation alleged in Section II ("Allegations"),nor of any statute or rule.

6. An administrative penalty in the amount of Two Thousand One Hundred Dollars ($2,100) isassessed by the Commission in settlement of the violations alleged in Section II ("Allegations").The Respondent has paid One Thousand Six Hundred Eighty Dollars ($1,680) of the

Brumley Manufacturing, LLCDOCKET NO.2009-0006-AIR-EPage 2

administrative penalty and Four.Hundred Twenty Dollars ($420) is deferred contingent upon theRespondent's timely and satisfactory compliance with all the terms of this Agreed Order. Thedeferred amount will be waived upon full compliance with the terms of this Agreed Order. If theRespondent fails to timely and satisfactorily comply with all requirements of this Agreed Order,the Executive Director may require the Respondent to pay all or part of the deferred penalty.

7.

Any notice and procedures, which might otherwise be authorized or required in this action, arewaived in the interest of a more timely resolution of the matter.

8.

The Executive Director of the TCEQ and the Respondent have agreed on a settlement of thematters alleged in this enforcement action, subject to the approval of the Commission.

9. The Executive Director may, without further notice or hearing, refer this matter to the Office ofthe Attorney General of the State of Texas ("OAG") for further enforcement proceedings if theExecutive Director determines that the Respondent has not complied with one or more of theterms or conditions in this Agreed Order.

10.

This Agreed Order shall terminate five years from its effective date or upon compliance with allthe terms and conditions set forth in this Agreed Order, whichever is later.

11. The provisions of this Agreed Order are deemed severable and, if a court of competentjurisdiction or other appropriate authority deems any provision of this Agreed Orderunenforceable, the remaining provisions shall be valid and enforceable.

II. ALLEGATIONS

As owner and operator of the Plant, the Respondent is alleged to have failed to obtainauthorization for air emissions, in violation of 30 TEX. ADMIN. CODE § 116.110(a) and TEX. HEALTH &

SAFETY CODE §§ 382.0518(a) and 382.085(b), as documented during an investigation conducted onNovember 14, 2008. Specifically, the Respondent engaged in surface coating and abrasive blastingoperations without first obtaining the appropriate authorization.

III. DENIALS

The Respondent generally denies each allegation in Section II ("Allegations"

IV. ORDERING PROVISIONS

1. It is, therefore, ordered by the TCEQ that the Respondent pay an administrative penalty as setforth .in Section I, Paragraph 6 above. The payment of this administrative penalty and theRespondent's compliance with all the terms and conditions set forth in this Agreed Order resolveonly the allegations in Section II. The Commission shall not be constrained in any manner fromrequiring corrective action or penalties for violations which are not raised here. Administrativepenalty payments shall be made payable to "TCEQ" and shall be sent with the notation "Re:Brumley Manufacturing, LLC, Docket No. 2009-0006-AIR-E" to:

Brumley Manufacturing, LLCDOCKET NO. 2009-0006-AIR-EPage 3

Financial Administration Division, Revenues SectionAttention: Cashier's Office, MC 214Texas Commission on Environmental QualityP.O. Box 13088Austin, Texas 78711-3088

2.

It is further ordered that the Respondent shall undertake the following technical requirements:

a. Within 30 days after the effective date of this Agreed Order, submit administrativelycomplete permit applications or Form PI-7s requesting authorization to operate underPermits By Rule for abrasive blasting operations and surface coating operations, inaccordance with 30 TEX. ADMIN. CODE §116.110(a) to:

Air Permits Division, MC 162Texas Commission on Environmental QualityP.O. Box 13087Austin, Texas 78711-3087

b. If permit applications are submitted then respond completely and adequately, asdetermined by the TCEQ, to all requests for information concerning the permitapplications within 30 days after the date of such requests, or by any other deadlinespecified in writing; and

c. Within 90 days after the effective date of this Agreed Order, submit written certificationthat either authorization to construct and operate a source of air emissions has beenobtained or that construction/operation has ceased until such time that appropriateauthorization is obtained. The certification shall include detailed supportingdocumentation including receipts, and/or other records to demonstrate compliance, benotarized by a State of Texas Notary Public and include the following certificationlanguage:

"I certify under penalty of law that this document and all attachments were preparedunder my direction or supervision in accordance with a system designed to assure thatqualified personnel properly gather and evaluate the information submitted. Based on myinquiry of the person or persons who manage the system, or those persons directlyresponsible for gathering the information, the information submitted is, to the best of myknowledge and belief, true, accurate, and complete. I am aware that there are significantpenalties for submitting false information, including the possibility of fine andimprisonment for knowing violations."

The certification shall be submitted to:

Order Compliance TeamEnforcement Division, MC 149ATexas Commission on Environmental QualityP.O. Box 13087Austin, Texas 78711-3087

Brumley Manufacturing, LLCDOCKET NO. 2009-0006-AIR-EPage 4

with a copy to:

Air Section, ManagerHouston Regional OfficeTexas Commission on Environmental Quality5425 Polk Avenue, Suite HHouston, Texas 77023-1486

3. The provisions of this Agreed Order shall apply to and be binding upon the Respondent. TheRespondent is ordered to give notice of the Agreed Order to personnel who maintain day-to-daycontrol over the Plant operations referenced in this Agreed Order.

4. If the Respondent fails to comply with any of the Ordering Provisions in this Agreed Order withinthe prescribed schedules, and that failure is caused solely by an act of God, war, strike, riot, orother catastrophe, the Respondent's failure to comply is not a violation of this Agreed Order. TheRespondent shall have the burden of establishing to the Executive Director's satisfaction that suchan event has occurred. The Respondent shall notify the Executive Director within seven daysafter the Respondent becomes aware of a delaying event and shall take all reasonable measures tomitigate and minimize any delay.

5. The Executive Director may grant an extension of any deadline in this Agreed Order or in anyplan, report, or other document submitted pursuant to this Agreed Order, upon a written andsubstantiated showing of good cause. All requests for extensions by the Respondent shall bemade in writing to the Executive Director. Extensions are not effective until the Respondentreceives written approval from the Executive Director. The determination of what constitutesgood cause rests solely with the Executive Director.

6. This Agreed Order, issued by the Commission, shall not be admissible against the Respondent ina civil proceeding, unless the proceeding is brought by the OAG to: (1) enforce the teens of thisAgreed Order; or (2) pursue violations of a statute within the Commission's jurisdiction, or of arule adopted or an order or permit issued by the Commission under such a statute.

7. This Agreed Order may be executed in multiple counterparts, which together shall constitute asingle original instrument. Any executed signature page to this Agreed Order may be transmittedby facsimile transmission to the other parties, which shall constitute an original signature for allpurposes under this Agreed Order.

8. Under 30 TEX. ADMIN. CODE § 70.10(b), the effective date is the date of hand-delivery of theOrder to the Respondent, or three days after the date on which the Commission mails notice of theOrder to the Respondent, whichever is earlier. The Chief Clerk shall provide a copy of thisAgreed Order to each of the parties.

Brumley Manufacturing, LLCDOCKET NO.2009-0006-AIR-EPage 5

SIGNATURE PAGE

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

3

2_o^ r

F.r t' e Executive Director

Date

I, the undersigned, have read and understand the attached Agreed Order. I am authorized to agree to theattached Agreed Order on behalf of the entity indicated below my signature, and I do agree to the termsand conditions specified therein. I further acknowledge that the TCEQ, in accepting payment for thepenalty amount, is materially relying on such representation.

I also understand that failure to comply with the Ordering Provisions, if any, in this order and/or failure totimely pay the penalty amount, may result in:• A negative impact on compliance history;• Greater scrutiny of any permit applications submitted;• Referral of this case to the Attorney General's Office for contempt, injunctive relief, additional

penalties, and/or attorney fees, or to a collection agency;• Increased penalties in any future enforcement actions;

Automatic referral -to the Attorney General's OTce of any future enforcement actions; and• TCEQ seeking other relief as authorized by law.In addition, any falsification of any compliance documents may result in criminal prosecution.

Name (Printed or typed)Authorized Representative ofBrumley Manufacturing, LLC

Instructions: Send the original, signed Agreed Order with penalty payment to the Financial Administration Division, RevenuesSection at the address in Section IV, Paragraph 1 of this Agreed Order.

For the Commission

a_ c?.-S) r>

Title

respondent name: brumley manufacturing, llc docket …

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