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AGENCY Office of the Attorney General
ISSUE 05/09/2003
ACTION Miscellaneous

Notice of Settlement of a Texas Solid Waste Disposal Act Enforcement Action

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Health and Safety Code. Before the State may settle a judicial enforcement action, pursuant to §7.110 of the Texas Water Code the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act.

Case Title and Court: George Bartee v. Texas Water Commission, Cause No. 436,042; In the 261st District Court, Travis County, Texas.

Background: The Texas Commission on Environmental Quality ("TCEQ") issued an administrative order identifying the McBay Oil and Gas Site ("the Site"), a former petroleum refining and oil reclamation facility in Houston County, Texas, as a State Superfund Site. George Bartee ("Bartee") and other parties named in the order appealed to the District Courts of Travis County. The State of Texas filed counterclaims against Bartee and others. Subsequently Bartee participated in a cleanup of the Site, which has been approved by the TCEQ.

Nature of the Settlement: The State's claims against Bartee are to be settled by an agreed final judgment.

Proposed Settlement: The agreed final judgment dismisses Bartee's appeal of the administrative order, finds that he has satisfied the terms and conditions of the order as to his divisible share of the waste, and provides for a release.

The Office of the Attorney General will accept written comments relating to the proposed settlement for thirty (30) days from the date of publication of this notice. Copies of the proposed agreed final judgment may be examined at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas. A copy of the proposed agreed final judgment may also be obtained in person or by mail at the above address for the cost of copying. Requests for copies of the judgment, and written comments on same, should be directed to Thomas H. Edwards, Assistant Attorney General, Office of the Attorney General, P.O. Box 12548, Austin, Texas 78711-2548; telephone (512) 463-2012, fax (512) 320-0052.

For information regarding this publication, you may contact A.G. Younger, Agency Liaison, at (512) 463-2110.

TRD-200302703

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: April 30, 2003



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