EXECUTIVE SUMMARY - ENFORCEMENT MATTER

Page I of 2DOCKET NO.: 2010-0702-MWD-E TCEQ TD: RN102183480 CASE NO.: 39613

RESPONDENT NAME; EASTWOOD HILLS MOBILE HOME PARK LIMITED PARTNERSHIP

ORDER TYPE:

X 1660 AGREED ORDER FINDINGS AGREED ORDER FINDINGS ORDER FOLLOWING_FINDINGSHEARING

FINDINGS DEFAULT ORDER _SHUTDOWN ORDER _IMMINENT AND SUBSTANTIALENDANGERMENT ORDER

AMENDED ORDER EMERGENCY ORDER

CASE TYPE:

_AIR -MULTI-MEDIA (cheek all that apply) _INDUSTRIAL AND HAZARDOUSWASTE

PUBLIC WATER SUPPLY PETROLEUM STORAGE TANKS OCCUPATIONAL CERTIFICATION

X WATER QUALITY _SEWAGE SLUDGE UNDERGROUND INJECTIONCONTROL

_MUNICIPAL SOLID WASTE RADIOACTIVE WASTE DRY CLEANER REGISTRATION

SITE WHERE VIOLATION(S) OCCURRED: Eastwood Hills Subdivision Wastewater Treatment Facility, in the Eastwood HillsSubdivision, cast of the Missouri-Pacific Railroad and approximately 2,500 feet south of Robinson Road, Montgomery County

TYPE OF OPERATION: Wastewater treatment facility

SMALL BUSINESS:

X Yes

No

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

INTERESTED PARTIES: No one other than the ED and the Respondent has expressed an interest in this matter.

COMMENTS RECEIVED: The Texas Register comment period expired on August 2, 2010. No comments were received.

CONTACTS AND MAILING LIST;TCEQ Attorney/SEP Coordinator: NoneTCEQ Enforcement Coordinator: Ms, Lanac Fourd, Enforcement Division, Enforcement Team 1, MC 169, (512) 239-2554; Ms.Laurie Eaves, Enforcement Division, MC 219, (512) 239-4495Respondent: Mr. Ronald Weiss, General Partner, EASTWOOD HILLS MOBILE HOME PARK LIMITED PARTNERSHIP, 3000Town Center, Suite 540, Southfield, Michigan 48075Respondent's Attorney: Not represented by counsel on this enforcement matter

exeeswnl5-23-081app-26c.doc

RESPONDENT NAME: EASTWOOD HELLS MOBILE HOME PARK LIMITED PARTNERSHIPPage 2 of 2

DOCKET NO.: 2010-0702-MWD-E

VIOLATION SUMMARY CHART:

VIOLATION INFORMATION PENAL FY CONSIDERATIONS (,ORRFCTI\% F ACTIONSTkKEN/REQUIRED

Type of Investigation: Total Assessed: $2,080 Ordering Provisions:Complaint

X Routine Total Deferred: $416 The Order will require the Respondent to.Enforcement Follow-upRecords Review

Date(s) of Complaints Relating to thisCase: None

Date of Investigation Relating to thisCase: April 15, 2010

X Expedited Settlement

-Financial Inability to Pay

SEP Conditional Offset: $0

Total Paid to General Revenue: $1,664

Site Compliance History Classification

a. Immediately upon the effective date ofthis Agreed Order, until such time thatauthorization to operate is obtained, oruntil 180 days after the effective date ofthis Agreed Order, whichever is earlier,comply with the permit limits andconditions of expired TPDES Permit No.WQ0012788001;

Date of NOV/NOE Relating to this Case:April 23, 2010 (NOE)

Background Facts: This was a routineinvestigation,

WATER

Failure to maintain authorization for thedischarge of wastewater. Specifically, theRespondent did not renew Texas PollutantDischarge Elimination System ("TPDES ")Permit No. WQ0012788001 and iscontinuing to discharge wastewater fromthe Facility without authorization [30 TEx 'ADML^I Cons§ 305.65 and 305.125(2)

_ High

X Average

Poor

Person Compliance History Classification_ high

X Average

_ Poor

Major Source:

Yes

X No

Applicable Penalty Policy: September 2002

b. Within 30 days after the effective dateof this Agreed Order, submit anadministratively complete permitapplication;

c. Respond completely and adequately, asdetermined by the TCEQ, to all requestsfor information concerning the permitapplication within 30 days alter the date ofsuch requests or by any other deadlinespecified in writing;

d. Within 45 days after the effective dateof this Agreed Order, submit writtencertification of compliance with Ordering

and TEx. WATER CODE § 26.1210)(1) J. Provision b; and

e. Within 180 days after the effective dateof this Agreed Order, submit writtencertification of compliance that eitherauthorization to operate has been obtainedor that operation has ceased until suchtime that appropriate authorization isobtained.

Additional ID No(s).: WQ001278800I

execsum/5-23-D8/app-26c dec

Penalty Calculation Section

TOTAL BASE PENALTY (Sum of violation base penalties)

ADJUSTMENTS (+1-) TO SUBTOTAL 1' Sublulals 2-7 are obtained by rrlu tiulyllly [fie Total Base Penally (Subtotal 1) by the indicated percenta0^

Compliance History

4.0°10 Enha0Feltlenl

Culpability

Notes

Good Faittl Effort to Comply Total Adjustments_

$a

$UM`OP SUBTOTALS 1-7

Fm ! SubtotalI

$2,080

dT AER FACTORS AS JUSTICE MAY REQUIRE

0.0%Reduces or uiihauuus limo Final Sul b t;a by lI in lu:ated purcerd;e

[STATUTORY LIM1T`ADJUSTMENT

Final Assessed Penalty

$2,080

a ,,ONDFNTIFACILITY INFORMATIONRospondont

Reg. Ent. Ref. No.FacilitylSite Region

CASE IIVPCMATIONEnf.lCase ID No.

Docket No.Media Program(s)

Multi-Media

Admin. Penal

No. of ViolationsOrder Type

GovernmentlNon-ProfitEnf. Coordinator

EC's TeamLimit Minimuml $0 Maximum $10,000 l

3€[6'13

Wate Quality

EASTWOODHILLS MOBILE HOME PARK LIMITED PARTNERSHIP

2010-0702-h 14VD;ENo1:anae FoardE:nfolcementTeam' 1

1660

Penalty Calculation Worksheet (PCW)Policy Revision 2 (September 2002)

POW Revision October 30, 2008

Final Penalty Amount

Notes Enh rieement recomrnerided titre to itvo unrelated NOVA

Stabtotal1 1. $2,000

Subtotals 2, 3, & $80

St111,# +! 4 I $0

$0

Notes

$2,080

Notes

UEFBRRAL -Reduces the Final Assessed Penally by loo Indicted p,rcenlaao, (3. eron

-$416Adjustment

PAYABLE PENALTY

Screening Date 29-Apr-2010

Docket No, 2010-0702-MWD-E

Respondent•EASTWOOD HILLS MOBILE HOME PARK LIMITED PA

Case ID No. 39613

Ent. Reference No. l RN102183480

Media [Statute] Water Quality

Enf. Coordinator Lanae Foard

Compliance History WorksheetCompliance History Site Eni eitent (Subtotal 2)

Component Number of...

PCW

Policy Revision 2 (September 2002)

PCW Revision October30, 2008

EnterNumberHere Adjust.

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

0%

Other written NOVs 2 4%

Orders

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

0%

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)

t3 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

D 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%

A u dits.

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%

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

d 0%

Please Enter Yes or No

Environmental management systems in place for one year or more 0%

Voluntary on-site compliance assessments conducted by the executive director under a No 0%Other

special assistance program

Participation in a voluntary pollution reduction program No 0%

Early compliance with, or offer of a product that meets future state or federal government `

No 0%environmental requirements

n• repeat Vio(afor (0ubtotal 3)

• Compliance History Person Cla$sifisat{on (Subtotal 7)

Average Performer

> Compliance History Summary

Enhancement- recommended due to two unrelated "NOVsCompliance

HistoryNotes

TotalAdjustment Percentage (Subtotals 2 3 & 7

Screening Date 29-Apr-2010

Docket No. 2010-0702-MWD-ERespondent EASTWOOD HILLS MOBILE HOME PARK LIMITED PARTNERSFCase ID No. 39613

Ent. Reference No. RN102183480Media [Statute] Water Quality

Enf. Coordinator: Lanae FoardViolation Number

Rule Cite(s)

Violation Description

P.GW

Polley Revision 2 (September 2002)

PCW Revision October 80, 2008

30 Tex. Adrpln.Code H.. 305.65 and 305,125.(2)) and Tex Water Code y

:Failed to•maintain.authotlzationfor the discharge of wastewater. Specifically, the:Respondent did not renew Texas Pollutant Discharge Elimination. System Permit No.WQ0012788001 and.ls canlinuing to discharge wastewater from the Facility without

authorization,

Base Penalty

$10,0,0001

ReleaseActual

Potential

»Prograritr ratic MatrixFalsification

Environ}-nontal. Property Ond Hurnan.He0lth N jtrixHarm

ModerateMajor

$9,0001

Minor

Percent 0%1

1

$1,0001

Vj 1a$otl.E.ve s

Number of Violation Events)

Number of violation days

mark only onewith an x

v,eell}

ruanthlr

^n0 Iterly ^..:;.5?miannrd3

annr^.3 ^ -.^.^s ngle ei ent 1:

1

Violation Base Penalty $2,000]

Two monthlyevents-are recommended from the permit expiration date )March i, 20110) to the-date (April 29, 2010) .

Good''1 atth forts`to Comply. d.0% ReductionN O V DA r

$0l

ExtraordinaryOrdinary

NIA

Notes The Respondent does not meet_the good ! faith criteria foviolation

on;4inic . nefitt } #On

vrolat o► l Statuton

$2,0001

Estimated EB Amount Violation Final Penalty Total $2,0801

This violation Final Assessed Penalty (adjusted for limits)

$2,080

Economic Benefit WorksheeRespondent EAS'IWOOD HILLS MOBILE HOME PARK LIMITED PARTNERSHIP

Case ID No. 39613

Req. Ent. Reference No. RN102183480Media Water Quality

Violation No. 1

Item Cost. Date:Reguired

Final Date

Item Description No comet - or s

Delayed CostsEquipment

BuildingsOther (as needed)

Engineering/constructionLand

Record Keeping SystemTraining/Sampling

RemediationlDlsposalPermit Costs

$10;000'-. II Uttar-2010 .I 29-Apr-2011 IOther (as needed)

Estiiilated,cost .to prepareandsubmit a new permit application toobtain authorizatiion to discharge wastewater,Date required is the permitexpiration: date: Final data-is the-expecteddate of conic Nance,

Notes for AVOIDED costs

Avoi^[efl CotsDisposal

PersonnelInspectieniReportinglSampling

Supplies/equipmentFinancial Assurance [2]

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

ANNIJALIZE;[4 aiiotde[lcests beforer)tenngitelii(except,:for.one-tuneavoided costs)

0.00 $0 $0 $O

0:00

$0

$o

$o

Percent Interest

Years ofDepreciation

15

Interest Saved Onetime Costs EB Amount

0.000.000.000.000.001.160.00:.

o:000.00

0.00 $o$o$0

so>E

sososo

so$o

Notes for DELAYED costs

Approx. Cost of Compliance

F.

G.

H.

Compliance History ReportCNB00659863

EASTWOODHILLS MOBILE HOME PARK

Classification: AVERAGE

Rating: 0.18LIMITED PARTNERSHIP

RN102183480

EASTWOOD HILLS SUBDIVISION WWTF

Class€ficallon: AVERAGE

Site Rating: 0.19

WASTEWATER

PERMITWASTEWATER

PERMITWASTEWATER

PERMITWASTEWATER LICENSING

LICENSE

in the Eastwood Hills Subdivision, east of the Missouri-PacificRailroad and approximately 2500 feet south of Robinson Road inMontgomery County, Texas

REGION 12 - HOUSTON

May 04, 2010

Enforcement

May 04, 2005 to May 04, 2010

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

Name:

Lance Foard

Phone:

512-239-2554

Site Compliance History Components

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

Yes

2. Has there been a,(knowt) change In ownershlploperator of the. site during the compliance period?

3. if Yes, Who is the current owner/operator?

NIA

4. if 'Yes, who was/werelhe prior owner(s)/operator(s) ?

5. When did the change(i) in owner or operator occur?

6.

Components (Mlilttmedia)-for the Site :

A.

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

NIAB.

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

NIA

C.

Chronic excessive emissions events.

NIA

D.

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

1 1211512005

(436060)

2 1112012007

(596308)

3. 0610412008

(654997)

E.

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

Date: 1211512005

(436060)

Self Report? NO

Classification:

Minor

Citation:

30 TAC Chapter 317 31 7.4(a)(8)30 TAC Chapter 317 317.7(i)Description:

Failure to annually test the backflow prevention device on the potable water line to thewastewater treatment plant.

Date: 1112012007

(596308)

Self Report? NO

Classification:

Minter

Citation:

30 TAC Chapter 305, SubChapter F 305.125(5)30 TAC Chapter 317 317.4(g)(4)(B)Description:

Failure to maintain the required number of operational blowers.

Self Report? NO

Classification:

Minor

Citation:

30 TAC Chapter 305, SubChapter F 306.125(5)

30 TAG Chapter 317 317.3Failure to provide an alarm on the lift station at the wastewater treatment plant.

NO

Classification:

Minor

30 TAC Chapter 305, SubChapter F 305.125(5)30 TAC Chapter 317 317.4(d)Failure to properly operate and maintain the clarifier.

C u stomerlRespondentlOwner-Operator;

'Regulated Entity:

ID Number(s),

Location:

TOED Region:

Date Compliance History Prepared:

Agency Decision Requiring Compliance History:

Compliance Period:

W000127B8001TPDES009562fTX0095621W00012788001

NIA

NIA

Description:

Self Report?

Citation:

Description:

Environmental audits.

NIA

Type of environmental management systems (EMSs).

NIA

Volunlary on-site compliance assessment dates,

NIA

Participation in a voluntary pollution reduction program.

NIA

J.

Early compliance.

NIA

Sites Outside of Texas

NIA

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

IN THE MATTER OF AN

§

BEFORE THEENFORCEMENT ACTION

§CONCERNING

§

TEXAS COMMISSION ONEASTWOOD HILLS MOBILE HOME

§PARK LIMITED PARTNERSHIP

§RN102183480

§

ENVIRONMENTAL QUALITY

AGREED ORDERDOCKET NO.2010-0702-MWD-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 EASTWOOD HILLS MOBILE HOME PARK LIMITED PARTNERSHIP ("the Respondent")under the authority of TEX. WATER CODE chs. 7 and 26, The Executive Director of the TCEQ, throughthe Enforcement Division, and the Respondent appear before the Commission and together stipulate that:

1. The Respondent owns a wastewater treatment facility located in the Eastwood Hills Subdivision,east of the Missouri-Pacific Railroad and approximately 2,500 feet south of Robinson Road inMontgomery County, Texas (the "Facility").

2. The Respondent has discharged municipal waste into or adjacent to any water in the state underTEX. WATER CODE ch. 26.

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 aboutApril 28, 2010.

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 Eighty Dollars ($2,080) is assessed bythe Commission in settlement of the violations alleged in Section II ("Allegations"). The

EASTWOOD HILLS MOBILE HOME PART( LIMITED PARTNERSHIPDOCKET NO. 2010-0702-MWD-EPage 2

Respondent has paid One Thousand Six Hundred Sixty-Four Dollars ($1,664) of theadministrative penalty and Four Hundred Sixteen Dollars ($416) 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 of the Facility, the Respondent is alleged to have failed to maintain authorization for thedischarge of wastewater, in violation of 30 TEx. ADMIN CODE §§ 305.65 and 305.125(2) and TEx.WATER CODE § 26.121(a)(I), as documented during an investigation conducted on April 15, 2010.Specifically, the Respondent did not renew Texas Pollutant Discharge Elimination System ("TPDES")Permit No. WQ0012788001 and is continuing to discharge wastewater from the Facility withoutauthorization.

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:

EASTWOOD HILLS MOBILE HOME PARK LIMITED PARTNERSHIPDOCKET NO.2010-0702-MWD-EPage 3

EASTWOOD HILLS MOBILE HOME PARK LIMITED PARTNERSHIP, Docket No. 2010-0702-MWD-E" to:

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. Immediately upon the effective date of this Agreed Order, until such time thatauthorization to operate is obtained, or until 180 clays after the effective date of thisAgreed Order, whichever is earlier, comply with the permit limits and conditions ofexpired TPDES Permit No. WQ0012788001;

b. Within 30 days after the effective date of this Agreed Order, submit an administrativelycomplete permit application in accordance with 30 TEX. ADM.IN CODE ch. 305 to:

Application Review and Processing TeamWater Quality Division, MC 148Texas Commission on Environmental QualityP.O. Box 13087Austin, Texas 78711-3087

c. Respond completely and adequately, as determined by the TCEQ, to all requests forinformation concerning the permit application within 30 days after the date of suchrequests or by any other deadline specified in writing;

d. Within 45 days after the effective date of this Agreed Order, submit written certificationof compliance with Ordering Provision No. 2.b, in accordance with Ordering ProvisionNo. 2.f below;

e. Within 180 days after the effective date of this Agreed Order, submit written certificationof compliance that either authorization to operate has been obtained or that operation hasceased until such time that appropriate authorization is obtained, in accordance withOrdering Provision No. 2.f below; and

f. The certifications required by these Ordering Provisions shall include detailed supportingdocumentation including photographs, receipts, and/or other records to demonstratecompliance with Ordering Provision Nos. 2.b and 2.e. The certifications shall benotarized by a State of Texas Notary Public and include the following certificationlanguage:

"I certify under penalty of law that I have personally examined and am familiar with theinformation submitted and all attached documents, and that based on my inquiry of thoseindividuals immediately responsible for obtaining the information, I believe that thesubmitted information is true, accurate and complete. I am aware that there are

EASTWOOD HILLS MOBILE HOME PARK LIMITED PARTNERSHIPDOCKET NO. 2010-0702-MWD-EPage 4

significant penalties for submitting false information, including the possibility of finesand imprisonment 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

with a copy to:

Water 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 Facility operations referenced in this Agreed Order.

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 terms 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.

EASTWOOD HILLS MOBILE HOME PARK LIMITED PARTNERSHIPDOCKET NO. 2010-0702-MWD-EPage 5

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.

EASTWOOD HILLS MOBILE HOME PARK LIMITED PARTNERSHIPDOCKET NO. 201 0-0702-MWD-EPage 6

SIGNATURE PAGE

-TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

For the Commission

r 2.01ODate

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. 1 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, additionalpenalties, and/or attorney fees, or to a collection agency;Increased penalties in any future enforcement actions;Automatic referral to the Attorney General's Office of any future enforcement actions; andT EQ seeking other relief as authorized by law.

In addi o any falsification of any compliance documents may result in criminal prosecution.

NAG,IZiw P f. 6ay,/tt/Pgtftto^ Name (Printed or typed)

TitleAuthorized Representative ofEASTWOOD HILLS MOBILE HOME PARK LIMITED PARTNERSHIP

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.