Notice of Violation Response

An NOV Is the Start of a Process, Not the End

A Notice of Violation (NOV) is a formal allegation of non-compliance from a regulatory agency, the Texas Railroad Commission, the EPA, TCEQ, or OSHA. It is not a final judgment, and it is not the same as a penalty assessment. It is the opening move in an enforcement process, and the operator's response is what determines how that process unfolds.

The most costly mistakes happen in the first days after an NOV arrives, missed acknowledgment deadlines, activity that continues when it should have stopped, records that are not preserved, and responses that make commitments the operator cannot keep. Each of these hands the agency reasons to escalate. A disciplined response does the opposite: it demonstrates control, credibility, and good faith, which are the factors that move a matter toward a Corrective Action Plan instead of maximum penalties.

Tektite manages NOV response for Texas operators from the moment the notice arrives through final resolution, coordinating the technical fieldwork, the root cause analysis, the written response, and the communication with agency staff.

How Tektite Manages an NOV Response

The First 48 Hours

Before anything is written to the agency, the immediate priorities are protective: acknowledge receipt of the NOV in writing before the stated deadline, cease any activity the notice alleges is non-compliant, and preserve every relevant record, log, and piece of field data. These steps prevent a first violation from compounding into a second and establish that the operator is acting in good faith from the outset.

Root Cause Analysis

Agencies distinguish between operators who fix a symptom and operators who fix a system. Tektite conducts a root cause analysis of each cited condition to determine why it occurred, not just what occurred. That analysis becomes the foundation of a credible response and, where appropriate, is conducted so that the underlying deliberations are protected.

Corrective Action Plan

The corrective action plan (CAP) is the heart of the response. An effective CAP is specific, measurable, achievable, relevant, and time-bound, and it addresses the root cause rather than the surface condition. A well-built CAP can lead to a Notice of Decision that accepts the plan in lieu of maximum financial penalties. Tektite drafts the CAP, documents the corrective actions already taken, and sets realistic, defensible timelines for the rest.

Multi-Agency and Cascading Violations

Enforcement rarely stays in one lane. A single spill can generate an RRC citation under Statewide Rule 91, an SPCC plan deficiency under the EPA, and a reporting failure on top of both. When violations cascade across agencies, the responses must be coordinated so that commitments made to one agency do not conflict with another. Tektite manages the full set of cited items as a single, consistent response.

Penalty Mitigation and Agency Communication

Left unaddressed, enforcement actions escalate to fines that can reach six figures and, for RRC matters, to severance of an operator's Certificate of Compliance, a suspension of production authority that is not recoverable once lost. Tektite communicates with agency district staff on your behalf, presents the corrective actions and their timelines, and works to resolve the matter at the lowest practical exposure.