CHAPTER 7. ENFORCEMENT
WATER CODE
TITLE 2. WATER ADMINISTRATION
SUBTITLE A. EXECUTIVE AGENCIES
CHAPTER 7. ENFORCEMENT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Natural Resource Conservation
Commission.
(2) "Permit" includes a license, certificate, registration,
approval, or other form of authorization. This definition does
not apply to Subchapter G.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.002. ENFORCEMENT AUTHORITY. The commission may initiate
an action under this chapter to enforce provisions of this code
and the Health and Safety Code within the commission's
jurisdiction as provided by Section 5.013 of this code and rules
adopted under those provisions. The commission or the executive
director may institute legal proceedings to compel compliance
with the relevant provisions of this code and the Health and
Safety Code and rules, orders, permits, or other decisions of the
commission. The commission may delegate to the executive
director the authority to issue an administrative order,
including an administrative order that assesses penalties or
orders corrective measures, to ensure compliance with the
provisions of this code and the Health and Safety Code within the
commission's jurisdiction as provided by Section 5.013 of this
code and rules adopted under those provisions.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1386, Sec. 5, eff. September 1, 2009.
Sec. 7.0025. INITIATION OF ENFORCEMENT ACTION USING INFORMATION
PROVIDED BY PRIVATE INDIVIDUAL. (a) The commission may initiate
an enforcement action on a matter under its jurisdiction under
this code or the Health and Safety Code based on information it
receives from a private individual if that information, in the
commission's judgment, is of sufficient value and credibility to
warrant the initiation of an enforcement action.
(b) The executive director or the executive director's
designated representative may evaluate the value and credibility
of information received from a private individual and the merits
of any proposed enforcement action based on that information.
(c) The commission by rule may adopt criteria for the executive
director to use in evaluating the value and credibility of
information received from a private individual and for use of
that information in an enforcement action.
(d) A private individual who submits information on which the
commission relies for all or part of an enforcement case may be
called to testify in the enforcement proceedings and is subject
to all sanctions under law for knowingly falsifying evidence. If
the commission relies on the information submitted by a private
individual to prove an enforcement case, any physical or sampling
data must have been collected or gathered in accordance with
commission protocols.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 1.24, eff. Sept. 1,
2001.
Sec. 7.00251. INITIATION OF CERTAIN CLEAN AIR ACT ENFORCEMENT
ACTIONS USING INFORMATION PROVIDED BY A PERSON. If the
commission determines that there are multiple violations based on
information it receives as required by Title V of the federal
Clean Air Act (42 U.S.C. Section 7661 et seq.) from a person, as
defined in Section 382.003, Health and Safety Code, only those
that require initiation of formal enforcement will be included in
any proposed enforcement action. For all other violations that
do not require initiation of formal enforcement, the commission
may not include in the enforcement action the following:
(1) violations that are not repeat violations due to the same
root cause from two consecutive investigations within the most
recent five-year period; or
(2) violations that have been corrected within the time frame
specified by the commission or for which the facility has not had
the time specified by the commission to correct the violations.
Added by Acts 2007, 80th Leg., R.S., Ch.
262, Sec. 6.01, eff. June 8, 2007.
Sec. 7.0026. SUSPENSION OF ENFORCEMENT ACTION AGAINST CERTAIN
REGIONAL WATER, SEWER, OR SOLID WASTE SERVICES. If a water
supply, sewer, wastewater treatment, or solid waste disposal
service operated by or for a municipality or county is being
integrated into a regional water supply, sewer, wastewater
treatment, or solid waste disposal service, the commission may
enter into a compliance agreement with the regional service under
which the commission will not initiate an enforcement action
against the regional service for existing or anticipated
violations resulting from the operation by the regional service
of the service being integrated. A compliance agreement under
this section must include provisions necessary to bring the
service being integrated into compliance.
Added by Acts 2003, 78th Leg., ch. 1115, Sec. 1, eff. June 20,
2003.
Sec. 7.003. ENFORCEMENT REPORT. (a) The commission shall
report at least once each month on enforcement actions taken by
the commission or others and the resolution of those actions.
(b) The report shall be an item for commission discussion at a
meeting of the commission for which public notice is given.
(c) If an enforcement action involves a suit filed for
injunctive relief or civil penalties, or both, the report shall
state the actual or projected time for resolution of the suit. A
copy of the report and of the minutes of the meeting reflecting
commission action relating to the report shall be filed with the
governor and the attorney general.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.004. REMEDIES CUMULATIVE. The remedies under this
chapter are cumulative of all other remedies. Nothing in this
chapter affects the right of a private corporation or individual
to pursue any available common law remedy to abate a condition of
pollution or other nuisance, to recover damages to enforce a
right, or to prevent or seek redress or compensation for the
violation of a right or otherwise redress an injury.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.005. EFFECT ON OTHER LAW. This chapter does not exempt a
person from complying with or being subject to other law.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
SUBCHAPTER B. CORRECTIVE ACTION AND INJUNCTIVE RELIEF
Sec. 7.031. CORRECTIVE ACTION RELATING TO HAZARDOUS WASTE. (a)
The commission shall require corrective action for a release of
hazardous waste or hazardous waste constituents from a solid
waste management unit at a solid waste processing, storage, or
disposal facility that is required to obtain a permit for the
management of hazardous waste and whose permit is issued after
November 8, 1984, regardless of when the waste is placed in the
unit.
(b) The commission shall establish schedules for compliance for
the corrective action if the corrective action cannot be
completed before permit issuance and shall require assurances of
financial responsibility for completing the corrective action.
(c) If the commission determines that there is or has been a
release of hazardous waste into the environment from a facility
required to obtain a permit in accordance with an approved state
program under Section 3006 of the federal Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act of
1976, as amended (42 U.S.C. Section 6901 et seq.), the commission
may:
(1) issue an order requiring corrective action or other response
measures considered necessary to protect human health or the
environment; or
(2) institute a civil action under Subchapter D.
(d) An order issued under this section:
(1) may include a suspension or revocation of authorization to
operate;
(2) must state with reasonable specificity the nature of the
required corrective action or other response measure; and
(3) must specify a time for compliance.
(e) If a person named in the order does not comply with the
order, the commission may assess an administrative penalty or
seek a civil penalty in accordance with this chapter.
(f) Nothing in this section limits the authority of the
commission, consistent with federal law, to issue an order for
the closure, post-closure care, or other remediation of hazardous
waste or hazardous waste constituents from a solid waste
management unit at a solid waste processing, storage, or disposal
facility.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 965, Sec. 9.07, eff.
Sept. 1, 2001.
Sec. 7.032. INJUNCTIVE RELIEF. (a) The executive director may
enforce a commission rule or a provision of a permit issued by
the commission by injunction or other appropriate remedy.
(b) If it appears that a violation or threat of violation of a
statute within the commission's jurisdiction or a rule adopted or
an order or a permit issued under such a statute has occurred or
is about to occur, the executive director may have a suit
instituted in district court for injunctive relief to restrain
the violation or threat of violation.
(c) The suit may be brought in the county in which the defendant
resides or in the county in which the violation or threat of
violation occurs.
(d) In a suit brought under this section to enjoin a violation
or threat of violation described by Subsection (b), the court may
grant the commission, without bond or other undertaking, any
prohibitory or mandatory injunction the facts may warrant,
including a temporary restraining order and, after notice and
hearing, a temporary injunction or permanent injunction.
(e) On request of the executive director, the attorney general
or the prosecuting attorney in a county in which the violation
occurs shall initiate a suit in the name of the state for
injunctive relief. The suit may be brought independently of or in
conjunction with a suit under Subchapter D.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.033. RECOVERY OF SECURITY FOR CHAPTER 401, HEALTH AND
SAFETY CODE, VIOLATION. The commission shall seek reimbursement,
either by a commission order or by a suit filed under Subchapter
D by the attorney general at the commission's request, of
security from the radiation and perpetual care account used by
the commission to pay for actions, including corrective measures,
to remedy spills or contamination by radioactive material
resulting from a violation of Chapter 401, Health and Safety
Code, relating to an activity under the commission's jurisdiction
or a rule adopted or a license, registration, or order issued by
the commission under that chapter.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 580, Sec. 12, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1067, Sec. 23, eff.
Sept. 1, 2003.
Sec. 7.034. DEFERRAL OF PENALTY FOR CERTAIN UTILITY FACILITIES.
(a) In this section:
(1) "District" means any district or authority created under
either Article III, Section 52, or Article XVI, Section 59, of
the Texas Constitution, regardless of how created. The term
"district" shall not include any navigation district or port
authority created under general or special law or any
conservation and reclamation district governed by Chapter 36
unless a special law creating the district or amending the law
creating the district states that Chapter 49 applies to the
district.
(2) "Municipally owned utility" and "water supply or sewer
service corporation" have the meanings assigned by Section
13.002.
(b) The commission may allow a municipally owned utility, a
water supply or sewer service corporation, or a district to defer
the payment of all or part of an administrative penalty imposed
under Subchapter C for a violation on the condition that the
entity complies with all provisions for corrective action in a
commission order to address the violation.
(c) In determining whether deferral of a penalty under this
section is appropriate, the commission shall consider the factors
to be considered under Section 7.053 and the following factors:
(1) the financial position of the entity and its ability to
reasonably pay the costs of corrective action under the terms of
a commission order;
(2) risks to public health and the environment of any delay in
addressing the corrective actions as a result of limited
financial resources;
(3) alternatives reasonably available to the entity for paying
both the costs of corrective action and the penalty; and
(4) potential effects of the payment of the penalty on other
essential public health and safety services for which the entity
is responsible.
(d) At the discretion of the commission, any penalty deferred
under this section becomes due and payable on a commission
determination that the entity is not in compliance with a
provision for corrective action in a commission order to address
the violation.
Added by Acts 2007, 80th Leg., R.S., Ch.
1005, Sec. 1, eff. September 1, 2007.
SUBCHAPTER C. ADMINISTRATIVE PENALTIES
Sec. 7.051. ADMINISTRATIVE PENALTY. (a) The commission may
assess an administrative penalty against a person as provided by
this subchapter if:
(1) the person violates:
(A) a provision of this code or of the Health and Safety Code
that is within the commission's jurisdiction;
(B) a rule adopted or order issued by the commission under a
statute within the commission's jurisdiction; or
(C) a permit issued by the commission under a statute within the
commission's jurisdiction; and
(2) a county, political subdivision, or municipality has not
instituted a lawsuit and is not diligently prosecuting that
lawsuit under Subchapter H against the same person for the same
violation.
(b) This subchapter does not apply to violations of Chapter 11,
12, 13, 16, or 36 of this code, or Chapter 341, Health and Safety
Code.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.052. MAXIMUM PENALTY. (a) The amount of the penalty for
a violation of Chapter 37 of this code, Chapter 366, 371, or 372,
Health and Safety Code, or Chapter 1903, Occupations Code, may
not exceed $2,500 a day for each violation.
(b) The amount of the penalty for operating a rock crusher or a
concrete plant that performs wet batching, dry batching, or
central mixing, that is required to obtain a permit under Section
382.0518, Health and Safety Code, and that is operating without
the required permit is $10,000. Each day that a continuing
violation occurs is a separate violation.
(b-1) The amount of the penalty assessed against a manufacturer
that does not label its computer equipment or adopt and implement
a recovery plan as required by Section 361.955, Health and Safety
Code, may not exceed $10,000 for the second violation or $25,000
for each subsequent violation. A penalty under this subsection
is in addition to any other penalty that may be assessed for a
violation of Subchapter Y, Chapter 361, Health and Safety Code.
(b-2) Except as provided by Subsection (b-1), the amount of the
penalty for a violation of Subchapter Y, Chapter 361, Health and
Safety Code, may not exceed $1,000 for the second violation or
$2,000 for each subsequent violation. A penalty under this
subsection is in addition to any other penalty that may be
assessed for a violation of Subchapter Y, Chapter 361, Health and
Safety Code.
(c) The amount of the penalty for all other violations within
the jurisdiction of the commission to enforce may not exceed
$10,000 a day for each violation.
(d) Except as provided by Subsection (b), each day that a
continuing violation occurs may be considered a separate
violation. The commission may authorize an installment payment
schedule for an administrative penalty assessed under this
subchapter, except for an administrative penalty assessed under
Section 7.057.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 376, Sec. 3.02, eff.
Sept. 1, 2001; Acts 2001, 77th Leg., ch. 880, Sec. 2, eff. Sept.
1, 2001; Acts 2001, 77th Leg., ch. 965, Sec. 5.08(b), eff. Sept.
1, 2001; Acts 2001, 77th Leg., ch. 1271, Sec. 2, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.843, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
333, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
902, Sec. 2, eff. September 1, 2007.
Sec. 7.0525. PENALTIES FOR VIOLATIONS RELATED TO CERTAIN DRY
CLEANING FACILITIES. (a) Except as provided by Subsection (b),
the amount of the penalty for a violation of Section 374.252,
Health and Safety Code, may not exceed $5,000.
(b) The amount of the penalty for a violation of Section
374.252(a)(3), Health and Safety Code, may not exceed $10,000.
(c) In assessing an administrative penalty under this section,
the commission shall consider, in addition to the factors
prescribed by Section 7.053, the following factors, if
applicable:
(1) the extent to which the violation has or may have an adverse
effect on the environment; and
(2) the amount of the reasonable costs incurred by this state in
detection and investigation of the violation.
Acts 2003, 78th Leg., ch. 540, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1110, Sec. 18, eff. September 1, 2005.
Sec. 7.053. FACTORS TO BE CONSIDERED IN DETERMINATION OF PENALTY
AMOUNT. In determining the amount of an administrative penalty,
the commission shall consider:
(1) the nature, circumstances, extent, duration, and gravity of
the prohibited act, with special emphasis on the impairment of
existing water rights or the hazard or potential hazard created
to the health or safety of the public;
(2) the impact of the violation on:
(A) air quality in the region;
(B) a receiving stream or underground water reservoir;
(C) instream uses, water quality, aquatic and wildlife habitat,
or beneficial freshwater inflows to bays and estuaries; or
(D) affected persons;
(3) with respect to the alleged violator:
(A) the history and extent of previous violations;
(B) the degree of culpability, including whether the violation
was attributable to mechanical or electrical failures and whether
the violation could have been reasonably anticipated and avoided;
(C) the demonstrated good faith, including actions taken by the
alleged violator to rectify the cause of the violation and to
compensate affected persons;
(D) economic benefit gained through the violation; and
(E) the amount necessary to deter future violations; and
(4) any other matters that justice may require.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.054. REPORT OF VIOLATION. If, after examination of a
possible violation and the facts surrounding that possible
violation, the executive director concludes that a violation has
occurred, the executive director may issue a preliminary report
in accordance with commission rules that includes recommendations
regarding any penalty or corrective action.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.055. NOTICE OF REPORT. Not later than the 10th day after
the date on which the report of a violation is issued, the
executive director shall give written notice of the report, in
accordance with commission rules, to the person charged with the
violation.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.056. CONSENT. Not later than the 20th day after the date
on which notice is received, the person charged may give to the
commission written consent to the executive director's report,
including the recommended penalty, or make a written request for
a hearing.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.057. DEFAULT. If the person charged with the violation
consents to the penalty recommended by the executive director or
does not timely respond to the notice, the commission by order
shall assess the penalty or order a hearing to be held on the
recommendations in the executive director's report. If the
commission assesses the penalty, the commission shall give
written notice of its decision to the person charged.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.058. HEARING. If the person charged requests or the
commission orders a hearing, the commission shall order and shall
give notice of the hearing. The commission by order may find that
a violation has occurred and may assess a penalty, may find that
a violation has occurred but that a penalty should not be
assessed, or may find that a violation has not occurred. In
making a penalty decision, the commission shall analyze each
factor prescribed by Section 7.053. All proceedings under this
section are subject to Chapter 2001, Government Code.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept.1,
1997.
Sec. 7.059. NOTICE OF DECISION. The commission shall give
notice of its decision to the person charged. If the commission
finds that a violation has occurred and assesses a penalty, the
commission shall give written notice to the person charged of:
(1) the commission's findings;
(2) the amount of the penalty;
(3) the right to judicial review of the commission's order; and
(4) other information required by law.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.060. NOTICE OF PENALTY. If the commission is required to
give notice of a penalty under Section 7.057 or 7.059, the
commission shall publish notice of its decision in the Texas
Register not later than the 10th day after the date on which the
decision is adopted.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.061. PAYMENT OF PENALTY; PETITION FOR REVIEW. Within the
30-day period immediately following the date on which the
commission's order is final, as provided by Section 2001.144,
Government Code, the person charged with the penalty shall:
(1) pay the penalty in full;
(2) pay the first installment penalty payment in full;
(3) pay the penalty and file a petition for judicial review,
contesting either the amount of the penalty or the fact of the
violation or contesting both the fact of the violation and the
amount of the penalty; or
(4) without paying the penalty, file a petition for judicial
review contesting the occurrence of the violation and the amount
of the penalty.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.062. STAYS. Within the 30-day period described by
Section 7.061, a person who acts under Section 7.061(3) may:
(1) stay enforcement of the penalty by:
(A) paying the amount of the penalty to the court for placement
in an escrow account; or
(B) giving to the court a supersedeas bond that is approved by
the court for the amount of the penalty and that is effective
until all judicial review of the commission's order is final; or
(2) request the court to stay enforcement of the penalty by:
(A) filing with the court a sworn affidavit of the person
stating that the person is financially unable to give the
supersedeas bond; and
(B) sending a copy of the affidavit to the executive director by
certified mail.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.063. CONSENT TO AFFIDAVIT. If the executive director
receives a copy of an affidavit under Section 7.062(2), the
executive director may file with the court, within five days
after the date the copy is received, a contest to the affidavit.
The court shall hold a hearing on the facts alleged in the
affidavit as soon as practicable and shall stay the enforcement
of the penalty on finding that the alleged facts are true. The
person who files an affidavit has the burden of proving that the
person is financially unable to pay the penalty or give the
supersedeas bond.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.064. JUDICIAL REVIEW. Judicial review of the order or
decision of the commission assessing the penalty is under
Subchapter G, Chapter 2001, Government Code.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.065. PENALTY REDUCED OR NOT ASSESSED. (a) If the person
paid the penalty and if the penalty is reduced or not assessed by
the court, the executive director shall remit to the person
charged the appropriate amount plus accrued interest if the
penalty has been paid or shall execute a release of the bond if a
supersedeas bond has been posted.
(b) The accrued interest on amounts remitted by the executive
director under this section shall be paid at a rate equal to the
rate charged on loans to depository institutions by the New York
Federal Reserve Bank and shall be paid for the period beginning
on the date the penalty is paid to the executive director under
Section 7.061 and ending on the day the penalty is remitted.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.066. REFERRAL TO ATTORNEY GENERAL. A person who does not
comply with Section 7.061 waives the right to judicial review,
and the commission or the executive director may refer the matter
to the attorney general for enforcement.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.067. SUPPLEMENTAL ENVIRONMENTAL PROJECTS. (a) The
commission may compromise, modify, or remit, with or without
conditions, an administrative penalty imposed under this
subchapter. In determining the appropriate amount of a penalty
for settlement of an administrative enforcement matter, the
commission may consider a respondent's willingness to contribute
to supplemental environmental projects that are approved by the
commission, giving preference to projects that benefit the
community in which the alleged violation occurred. The commission
may encourage the cleanup of contaminated property through the
use of supplemental environmental projects. The commission may
approve a supplemental environmental project with activities in
territory of the United Mexican States if the project
substantially benefits territory in this state in a manner
described by Subsection (b). The commission may not approve a
project that is necessary to bring a respondent into compliance
with environmental laws, that is necessary to remediate
environmental harm caused by the respondent's alleged violation,
or that the respondent has already agreed to perform under a
preexisting agreement with a governmental agency.
(b) In this section, "supplemental environmental project" means
a project that prevents pollution, reduces the amount of
pollutants reaching the environment, enhances the quality of the
environment, or contributes to public awareness of environmental
matters.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 290, Sec. 1, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 483, Sec. 7, eff. Sept.
1, 2001; Acts 2001, 77th Leg., ch. 965, Sec. 4.03, eff. Sept. 1,
2001.
Sec. 7.068. FULL AND COMPLETE SATISFACTION. Payment of an
administrative penalty under this subchapter is full and complete
satisfaction of the violation for which the penalty is assessed
and precludes any other civil or criminal penalty for the same
violation.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.069. DISPOSITION OF PENALTY. (a) Except as provided by
Subsection (b), a penalty collected under this subchapter shall
be deposited to the credit of the general revenue fund.
(b) A penalty collected under Section 7.052(b-1) or (b-2) shall
be paid to the commission and deposited to the credit of the
waste management account.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
902, Sec. 3, eff. September 1, 2007.
Sec. 7.070. FINDINGS OF FACT NOT REQUIRED; RESERVATIONS.
Notwithstanding any other provision to the contrary, the
commission is not required to make findings of fact or
conclusions of law other than an uncontested finding that the
commission has jurisdiction in an agreed order compromising or
settling an alleged violation of a statute within the
commission's jurisdiction or of a rule adopted or an order or a
permit issued under such a statute. An agreed administrative
order may include a reservation that:
(1) the order is not an admission of a violation of a statute
within the commission's jurisdiction or of a rule adopted or an
order or a permit issued under such a statute;
(2) the occurrence of a violation is in dispute; or
(3) the order is not intended to become a part of a party's or a
facility's compliance history.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.071. INADMISSIBILITY. An agreed administrative order
issued by the commission under this subchapter is not admissible
against a party to that order in a civil proceeding unless the
proceeding is brought by the attorney general's office to:
(1) enforce the terms of that order; or
(2) pursue a violation of a statute within the commission's
jurisdiction or of a rule adopted or an order or a permit issued
under such a statute.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.072. RECOVERY OF PENALTY. An administrative penalty owed
under this subchapter may be recovered in a civil action brought
by the attorney general at the request of the commission.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.073. CORRECTIVE ACTION. If a person violates any statute
or rule within the commission's jurisdiction, the commission may:
(1) assess against the person an administrative penalty under
this subchapter; and
(2) order the person to take corrective action.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.074. HEARING POWERS. The commission may exercise under
this subchapter the hearing powers authorized by Section 26.020.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.075. PUBLIC COMMENT. (a) Before the commission approves
an administrative order or proposed agreement to settle an
administrative enforcement action initiated under this subchapter
to which the commission is a party, the commission shall allow
the public to comment in writing on the proposed order or
agreement. Notice of the opportunity to comment shall be
published in the Texas Register not later than the 30th day
before the date on which the public comment period closes.
(b) The commission shall promptly consider any written comments
and may withdraw or withhold consent to the proposed order or
agreement if the comments disclose facts or considerations that
indicate that the consent is inappropriate, improper, inadequate,
or inconsistent with the requirements of this subchapter, another
statute within the commission's jurisdiction, or a rule adopted
or an order or a permit issued under such a statute. Further
notice of changes to the proposed order or agreement is not
required to be published if those changes arise from comments
submitted in response to a previous notice.
(c) This section does not apply to:
(1) a criminal enforcement proceeding; or
(2) an emergency order or other emergency relief that is not a
final order of the commission.
(d) Chapter 2001, Government Code, does not apply to public
comment under this section.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
SUBCHAPTER D. CIVIL PENALTIES
Sec. 7.101. VIOLATION. A person may not cause, suffer, allow,
or permit a violation of a statute within the commission's
jurisdiction or a rule adopted or an order or permit issued under
such a statute.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers,
allows, or permits a violation of a statute, rule, order, or
permit relating to Chapter 37 of this code, Chapter 366, 371, or
372, Health and Safety Code, Subchapter G, Chapter 382, Health
and Safety Code, or Chapter 1903, Occupations Code, shall be
assessed for each violation a civil penalty not less than $50 nor
greater than $5,000 for each day of each violation as the court
or jury considers proper. A person who causes, suffers, allows,
or permits a violation of a statute, rule, order, or permit
relating to any other matter within the commission's jurisdiction
to enforce, other than violations of Chapter 11, 12, 13, 16, or
36 of this code, or Chapter 341, Health and Safety Code, shall be
assessed for each violation a civil penalty not less than $50 nor
greater than $25,000 for each day of each violation as the court
or jury considers proper. Each day of a continuing violation is
a separate violation.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 376, Sec. 3.03, eff.
Sept. 1, 2001; Acts 2001, 77th Leg., ch. 880, Sec. 3, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.844, eff. Sept.
1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
262, Sec. 1.09, eff. June 8, 2007.
Sec. 7.103. CONTINUING VIOLATIONS. If it is shown on a trial of
a defendant that the defendant has previously been assessed a
civil penalty for a violation of a statute within the
commission's jurisdiction or a rule adopted or an order or a
permit issued under such a statute within the year before the
date on which the violation being tried occurred, the defendant
shall be assessed a civil penalty not less than $100 nor greater
than $25,000 for each subsequent day and for each subsequent
violation. Each day of a continuing violation is a separate
violation.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.104. NO PENALTY FOR FAILURE TO PAY CERTAIN FEES. A civil
penalty may not be assessed for failure to:
(1) pay a fee under Section 371.062, Health and Safety Code; or
(2) file a report under Section 371.024, Health and Safety Code.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.105. CIVIL SUIT. (a) On the request of the executive
director or the commission, the attorney general shall institute
a suit in the name of the state for injunctive relief under
Section 7.032, to recover a civil penalty, or for both injunctive
relief and a civil penalty.
(b) The commission, through the executive director, shall refer
a matter to the attorney general's office for enforcement through
civil suit if a person:
(1) is alleged to be making or to have made an unauthorized
discharge of waste into or adjacent to the waters in the state at
a new point of discharge without a permit in violation of state
law;
(2) has been the subject of two or more finally issued
administrative penalty orders for violations of Chapter 26
occurring at the same wastewater management system or other point
of discharge within the two years immediately preceding the date
of the first alleged violation currently under investigation at
that site;
(3) is alleged to be operating a new solid waste facility, as
defined in Section 361.003, Health and Safety Code, without a
permit in violation of state law;
(4) has been the subject of two or more finally issued
administrative penalty orders for violations of Chapter 361,
Health and Safety Code, occurring at the same facility within the
two years immediately preceding the date of the first alleged
violation currently under investigation at that site;
(5) is alleged to be constructing or operating a facility at a
new plant site without a permit required by Chapter 382, Health
and Safety Code, in violation of state law; or
(6) has been the subject of two or more finally issued
administrative penalty orders for violations of Chapter 382,
Health and Safety Code, for violations occurring at the same
plant site within the two years immediately preceding the date of
the first alleged violation currently under investigation at that
site.
(c) The suit may be brought in Travis County, in the county in
which the defendant resides, or in the county in which the
violation or threat of violation occurs.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.106. RESOLUTION THROUGH ADMINISTRATIVE ORDER. The
attorney general's office and the executive director may agree to
resolve any violation, before or after referral, by an
administrative order issued under Subchapter C by the commission
with the approval of the attorney general.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.107. DIVISION OF CIVIL PENALTY. Except in a suit brought
for a violation of Chapter 28 of this code or of Chapter 401,
Health and Safety Code, a civil penalty recovered in a suit
brought under this subchapter by a local government shall be
equally divided between:
(1) the state; and
(2) the local government that brought the suit.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.108. ATTORNEY'S FEES. If the state prevails in a suit
under this subchapter it may recover reasonable attorney's fees,
court costs, and reasonable investigative costs incurred in
relation to the proceeding.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.109. PARKS AND WILDLIFE DEPARTMENT JURISDICTION. (a) If
it appears that a violation or a threat of violation of Section
26.121 or a rule, permit, or order of the commission has occurred
or is occurring that affects aquatic life or wildlife, the Parks
and Wildlife Department, in the same manner as the commission
under this chapter, may have a suit instituted in a district
court for injunctive relief or civil penalties, or both, as
authorized by this subchapter, against the person who committed
or is committing or threatening to commit the violation.
(b) In a suit brought under this section for a violation that is
the proximate cause of injury to aquatic life or wildlife
normally taken for commercial or sport purposes or to species on
which this life is directly dependent for food, the Parks and
Wildlife Department is entitled to recover damages for the
injury. In determining damages, the court may consider the
valuation of the injured resources established in rules adopted
by the Parks and Wildlife Department under Subchapter D, Chapter
12, Parks and Wildlife Code, or the replacement cost of the
injured resources. Any recovery of damages for injury to aquatic
life or wildlife shall be deposited to the credit of the game,
fish, and water safety account under Section 11.032, Parks and
Wildlife Code, and the Parks and Wildlife Department shall use
money recovered in a suit brought under this section to replenish
or enhance the injured resources.
(c) The actual cost of investigation, reasonable attorney's
fees, and reasonable expert witness fees may also be recovered,
and those recovered amounts shall be credited to the same
operating accounts from which expenditures occurred.
(d) This section does not limit recovery for damages available
under other laws.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.110. COMMENTS. (a) Before the commission approves an
agreed final judgment, consent order, voluntary settlement
agreement, or other voluntary settlement agreement, or other
voluntary agreement that would finally settle a civil enforcement
action initiated under this chapter to which the State of Texas
is a party or before the court signs a judgment or other
agreement settling a judicial enforcement action other than an
enforcement action under Section 113 or 120 or Title II of the
federal Clean Air Act (42 U.S.C. Section 7401 et seq.), the
attorney general shall permit the public to comment in writing on
the proposed order, judgment, or other agreement.
(b) Notice of the opportunity to comment shall be published in
the Texas Register not later than the 30th day before the date on
which the public comment period closes.
(c) The attorney general shall promptly consider any written
comments and may withdraw or withhold consent to the proposed
order, judgment, or other agreement if the comments disclose
facts or considerations that indicate that the consent is
inappropriate, improper, inadequate, or inconsistent with the
requirements of this chapter, the statutes within the
commission's jurisdiction, or a rule adopted or an order or a
permit issued under such a statute. Further notice of changes to
the proposed order, judgment, or other agreement is not required
to be published if those changes arise from comments submitted in
response to a previous notice.
(d) The attorney general may not oppose intervention by a person
who has standing to intervene as provided by Rule 60, Texas Rules
of Civil Procedure.
(e) This section does not apply to:
(1) criminal enforcement proceedings; or
(2) proposed temporary restraining orders, temporary
injunctions, emergency orders, or other emergency relief that is
not a final judgment or final order of the court or commission.
(f) Chapter 2001, Government Code, does not apply to public
comment under this section.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.111. RECOVERY OF SECURITY FOR CHAPTER 401, HEALTH AND
SAFETY CODE, VIOLATION. On request by the commission, the
attorney general shall file suit to recover security under
Section 7.033.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
SUBCHAPTER E. CRIMINAL OFFENSES AND PENALTIES
Sec. 7.141. DEFINITIONS. In this subchapter:
(1) "Appropriate regulatory agency" means the commission, the
Texas Department of Health, or any other agency authorized to
regulate the handling and disposal of medical waste.
(2) "Corporation" and "association" have the meanings assigned
by Section 1.07, Penal Code, except that the terms do not include
a government.
(3) "Large quantity generator" means a person who generates more
than 50 pounds of medical waste each month.
(4) "Medical waste" includes animal waste, bulk blood and blood
products, microbiological waste, pathological waste, sharps, and
special waste from health care-related facilities as those terms
are defined in 25 T.A.C. Section 1.132 (Texas Department of
Health, Definition, Treatment, and Disposition of Special Waste
from Health Care-Related Facilities). The term does not include
medical waste produced on farmland and ranchland as defined by
Section 252.001(6), Agriculture Code.
(5) "Serious bodily injury" has the meaning assigned by Section
1.07, Penal Code.
(6) "Small quantity generator" means a person who generates 50
pounds or less of medical waste each month.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.142. VIOLATIONS RELATING TO UNLAWFUL USE OF STATE WATER.
(a) A person commits an offense if the person violates:
(1) Section 11.081;
(2) Section 11.083;
(3) Section 11.084;
(4) Section 11.087;
(5) Section 11.088;
(6) Section 11.089;
(7) Section 11.090;
(8) Section 11.091;
(9) Section 11.092;
(10) Section 11.093;
(11) Section 11.094;
(12) Section 11.096;
(13) Section 11.203; or
(14) Section 11.205.
(b) An offense under Subsection (a)(9), (a)(10), or (a)(14) is
punishable under Section 7.187(1)(A) or Section 7.187(2)(B) or
both.
(c) An offense under Subsection (a)(1), (a)(2), (a)(4), (a)(6),
(a)(7), or (a)(8) is punishable under Section 7.187(1)(A) or
Section 7.187(2)(C) or both.
(d) An offense under Subsection (a)(3) or (a)(11) is punishable
under Section 7.187(1)(A) or Section 7.187(2)(D) or both.
(e) An offense under Subsection (a)(5) is punishable under
Section 7.187(1)(A) or Section 7.187(2)(E) or both.
(f) Possession of state water when the right to its use has not
been acquired according to Chapter 11 is prima facie evidence of
a violation of Section 11.081.
(g) Possession or use of water on a person's land by a person
not entitled to the water under this code is prima facie evidence
of a violation of Section 11.083.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.143. VIOLATION OF MINIMUM STATE STANDARDS OR MODEL
POLITICAL SUBDIVISION RULES. (a) A person commits an offense if
the person knowingly or intentionally violates a rule adopted
under Subchapter J, Chapter 16.
(b) An offense under this section is a Class A misdemeanor.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.145. INTENTIONAL OR KNOWING UNAUTHORIZED DISCHARGE. (a)
A person commits an offense if the person, acting intentionally
or knowingly with respect to the person's conduct, discharges or
allows the discharge of a waste or pollutant:
(1) into or adjacent to water in the state that causes or
threatens to cause water pollution unless the waste or pollutant
is discharged in strict compliance with all required permits or
with an order issued or a rule adopted by the appropriate
regulatory agency; or
(2) from a point source in violation of Chapter 26 or of a rule,
permit, or order of the appropriate regulatory agency.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(C) or Section 7.187(2)(F) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(D).
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 934, Sec. 1, eff. June
14, 2001.
Sec. 7.147. UNAUTHORIZED DISCHARGE. (a) A person commits an
offense if the person discharges or allows the discharge of any
waste or pollutant into any water in the state that causes or
threatens to cause water pollution unless the waste or pollutant:
(1) is discharged in strict compliance with all required permits
or with a valid and currently effective order issued or rule
adopted by the appropriate regulatory agency; or
(2) consists of used oil and the concentration of used oil in
the waste stream resulting from the discharge as it enters water
in the state is less than 15 parts per million following the
discharge and the person is authorized to discharge storm water
under a general permit issued under Section 26.040.
(b) An offense under this section may be prosecuted without
alleging or proving any culpable mental state.
(c) An offense under this section is punishable for an
individual under Section 7.187(1)(B) or Section 7.187(2)(D) or
both.
(d) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(C).
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
366, Sec. 1, eff. September 1, 2005.
Sec. 7.148. FAILURE TO PROPERLY USE POLLUTION CONTROL MEASURES.
(a) A person commits an offense if the person intentionally or
knowingly tampers with, modifies, disables, or fails to use
pollution control or monitoring devices, systems, methods, or
practices required by Chapter 26 or a rule adopted or a permit or
an order issued under Chapter 26 by the commission or one of its
predecessor agencies unless done in strict compliance with the
rule, permit, or order.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(C) or Section 7.187(2)(D) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(D).
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.149. FALSE STATEMENT. (a) A person commits an offense
if the person intentionally or knowingly makes or causes to be
made a false material statement, representation, or certification
in, or omits or causes to be omitted material information from,
an application, notice, record, report, plan, or other document,
including monitoring device data, filed or required to be
maintained by Chapter 26 or by a rule adopted or a permit or an
order issued by the appropriate regulatory agency under Chapter
26.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(C) or Section 7.187(2)(D) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(D).
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.150. FAILURE TO NOTIFY OR REPORT. (a) A person commits
an offense if the person intentionally or knowingly fails to
notify or report to the commission as required under Chapter 26
or by a rule adopted or a permit or an order issued by the
appropriate regulatory agency under Chapter 26.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(C) or Section 7.187(2)(D) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(D).
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.151. FAILURE TO PAY FEE. (a) A person commits an
offense if the person intentionally or knowingly fails to pay a
fee required by Chapter 26 or by a rule adopted or a permit or an
order issued by the appropriate regulatory agency under Chapter
26.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(H) or Section 7.187(2)(B) or
both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(H).
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.152. INTENTIONAL OR KNOWING UNAUTHORIZED DISCHARGE AND
KNOWING ENDANGERMENT. (a) A person commits an offense if the
person, acting intentionally or knowingly, discharges or allows
the discharge of a waste or pollutant into or adjacent to water
in the state and by that action knowingly places another person
in imminent danger of death or serious bodily injury, unless the
discharge is made in strict compliance with all required permits
or with an order issued or rule adopted by the appropriate
regulatory agency.
(b) For purposes of Subsection (a), in determining whether a
defendant who is an individual knew that the violation placed
another person in imminent danger of death or serious bodily
injury, the defendant is responsible only for the defendant's
actual awareness or actual belief possessed. Knowledge possessed
by a person other than the defendant may not be attributed to the
defendant. To prove a defendant's actual knowledge,
circumstantial evidence may be used, including evidence that the
defendant took affirmative steps to be shielded from relevant
information.
(c) An offense under this section is punishable for an
individual under Section 7.187(1)(D) or Section 7.187(2)(G) or
both. If an offense committed by an individual under this section
results in death or serious bodily injury to another person, the
individual may be punished under Section 7.187(1)(E) or Section
7.187(2)(I) or both.
(d) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(E). If an offense
committed by a person other than an individual under this section
results in death or serious bodily injury to another person, the
person may be punished under Section 7.187(1)(F).
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.153. INTENTIONAL OR KNOWING UNAUTHORIZED DISCHARGE AND
ENDANGERMENT. (a) A person commits an offense if the person,
acting intentionally or knowingly with respect to the person's
conduct, discharges or allows the discharge of a waste or
pollutant into or adjacent to water in the state and by that
action places another person in imminent danger of death or
serious bodily injury, unless the discharge is made in strict
compliance with all required permits or with a valid and
currently effective order issued or rule adopted by the
appropriate regulatory agency.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(D) or Section 7.187(2)(F) or
both. If an offense committed by an individual under this section
results in death or serious bodily injury to another person, the
individual may be punished under Section 7.187(1)(E) or Section
7.187(2)(G) or both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(E). If an offense
committed by a person other than an individual under this section
results in death or serious bodily injury to another person, the
person may be punished under Section 7.187(1)(F).
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.154. RECKLESS UNAUTHORIZED DISCHARGE AND ENDANGERMENT.
(a) A person commits an offense if the person, acting recklessly
with respect to the person's conduct, discharges or allows the
discharge of a waste or pollutant into or adjacent to water in
the state and by that action places another person in imminent
danger of death or serious bodily injury, unless the discharge is
made in strict compliance with all required permits or with a
valid and currently effective order issued or rule adopted by the
appropriate regulatory agency.
(b) An offense under this section is punishable for an
individual under Section 7.187(1)(C) or Section 7.187(2)(D) or
both. If an offense committed by an individual under this section
results in death or serious bodily injury to another person, the
individual may be punished under Section 7.187(1)(D) or Section
7.187(2)(F) or both.
(c) An offense under this section is punishable for a person
other than an individual under Section 7.187(1)(D). If an offense
committed by a person other than an individual under this section
results in death or serious bodily injury to another person, the
person may be punished under Section 7.187(1)(E).
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.155. VIOLATION RELATING TO DISCHARGE OR SPILL. (a) A
person commits an offense if the person:
(1) operates, is in charge of, or is responsible for a facility
or vessel that causes a discharge or spill as defined by Section
26.263 and does not report the spill or discharge on discovery;
or
(2) knowingly falsifies a record or report concerning the
prevention or cleanup of a discharge or spill.
(b) An offense under Subsection (a)(1) is a Class A misdemeanor.
(c) An offense under Subsection (a)(2) is a felony of the third
degree.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.156. VIOLATION RELATING TO UNDERGROUND STORAGE TANK. (a)
A person or business entity commits an offense if:
(1) the person or business entity engages in the installation,
repair, or removal of an underground storage tank and the person
or business entity:
(A) does not hold a registration under Section 26.452; and
(B) is not under the substantial control of a person or business
entity who holds a registration under Section 26.452;
(2) the person or business entity:
(A) authorizes or allows the installation, repair, or removal of
an underground storage tank to be conducted by a person or
business entity who does not hold a registration under Section
26.452; or
(B) authorizes or allows the installation, repair, or removal of
an underground storage tank to be performed or supervised by a
person or business entity who does not hold a license under
Section 26.456; or
(3) the conduct of the person or business entity makes the
person or business entity responsible for a violation of
Subchapter K, Chapter 26, or of a rule adopted or order issued
under that subchapter.
(b) A person commits an offense if the person performs or
supervises the installation, repair, or removal of an underground
storage tank unless:
(1) the person holds a license under Section 26.456; or
(2) another person who holds a license under Section 26.456 is
substantially responsible for the performance or supervision of
the installation, repair, or removal.
(c) A person commits an offense if the person is an owner or
operator of an underground storage tank regulated under Chapter
26 into which any regulated substance is delivered unless the
underground storage tank has been issued a valid, current
underground storage tank registration and certificate of
compliance under Section 26.346.
(d) An offense under this section is a Class A misdemeanor.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 1441, Sec. 4, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 880, Sec. 4, eff. Sept.
1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
722, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1256, Sec. 1, eff. September 1, 2005.
Sec. 7.1565. PRESUMPTION. If in the exercise of good faith a
person depositing or causing to be deposited a regulated
substance into an underground storage tank regulated under
Chapter 26 receives a certificate of compliance for that
underground storage tank under Section 26.346, the receipt of the
certificate of compliance shall be considered prima facie
evidence of compliance with this section.
Added by Acts 1999, 76th Leg., ch. 1441, Sec. 5, eff. Sept. 1,
1999.
Sec. 7.157. VIOLATION RELATING TO INJECTION WELLS. (a) A
person commits an offense if the person knowingly or
intentionally violates Chapter 27 or a rule adopted or an order
or a permit issued under Chapter 27.
(b) An offense under this section is punishable under Section
7.187(1)(B).
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.158. VIOLATION RELATING TO PLUGGING WELLS. (a) A person
commits an offense if the person is the owner of a well that is
required to be cased or plugged by Chapter 28 and the person:
(1) fails or refuses to case or plug the well within the 30-day
period following the date of the commission's order to do so; or
(2) fails to comply with any other order issued by the
commission under Chapter 28 within the 30-day period following
the date of the order.
(b) An offense under this section is a misdemeanor and is
punishable under Section 7.187(1)(A).
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.159. VIOLATION RELATING TO WATER WELLS OR DRILLED OR
MINED SHAFTS. (a) A person commits an offense if the person
knowingly or intentionally violates Chapter 28 or a commission
rule adopted or an order or a permit issued under that chapter.
(b) An offense under this section is punishable under Section
7.187(1)(B).
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.160. VIOLATION RELATING TO CERTAIN SUBSURFACE
EXCAVATIONS. (a) A person commits an offense if the person
knowingly or intentionally violates Chapter 31 or a commission
rule adopted or an order or a permit issued under that chapter.
(b) An offense under this section is punishable under Section
7.187(1)(B).
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1,
1997.
Sec. 7.161. VIOLATION RELATING TO SOLID WASTE I