File #: AI 13-2981    Version: 1 Name: Administrative Penalty Overpumping
Type: Action Item Status: Agenda Ready
File created: 9/6/2022 In control: Board of Directors
On agenda: 9/13/2022 Final action: 9/13/2022
Title: Consider recommendation from EAA staff to assess an Administrative Penalty under Section 1.37 of the EAA Act against Grace Point Church (P100-614) and Mr. James Goodman (P105-286), for exceeding authorized groundwater withdrawals from an Edwards Aquifer well in 2021 and for failing to settle the violation with the EAA.
Attachments: 1. Grace Point Church Board Order, 2. James Goodman Board Order
Title
Consider recommendation from EAA staff to assess an Administrative Penalty under Section 1.37 of the EAA Act against Grace Point Church (P100-614) and Mr. James Goodman (P105-286), for exceeding authorized groundwater withdrawals from an Edwards Aquifer well in 2021 and for failing to settle the violation with the EAA.

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STAFF RECOMMENDED MOTIONS:

1. Move the board assess an administrative penalty of $204.02 to Grace Point Church for exceeding annual authorized groundwater withdrawals from an Edwards Aquifer well in 2021 and for failing to settle this violation with the EAA.

2. Move the board assess an administrative penalty of $308.46 to James Goodwin for exceeding annual authorized groundwater withdrawals from an Edwards Aquifer well in 2021 and for failing to settle this violation with the EAA.


SUMMARY:

The purpose of this agenda item is to address unresolved compliance matters with Grace Point Church, owner of EAA Permit P100-614; and Mr. James Goodwin, owner of EAA Permit P105-286, (“the Respondents”) related to exceeding annual authorized groundwater withdrawals (“overpumping”) from an Edwards Aquifer well in 2021 and then failing to settle this violation with the EAA.

In accordance with Section 711.224 of the EAA rules, “A person may not withdraw groundwater from the Aquifer unless authorized by a groundwater withdrawal permit issued by the Authority,” and “a person may not withdraw groundwater in violation of an Authority rule or groundwater permit.” Furthermore, Section 711.228 of the EAA Rules states, “A person may not violate the Act, the Authority’s rules, an order of the Board, or the terms or conditions of a permit.” During 2021, Grace Point Church was authorized to withdraw 0.356 acre-feet and pumped 0.848 acre-feet, thus overpumping a total of 0.492 acre-feet. During 2021, James Goodwin was authorized to withdraw 2.000 acre-feet and pumped 2.986 acre-feet, thus overpumping a total of 0.986 acre-feet.

Under the terms of th...

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