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Texas Natural Resources Code - NAT RES § 131.266. Injunctive Relief and Civil Penalty

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) The commission may have a civil suit instituted for injunctive relief to restrain a permittee from continuing a violation or threatening a violation or for the assessment of a civil penalty of not more than $5,000 as the court considers proper for each day of violation, or for both.

(b) In determining the amount of the civil penalty, consideration shall be given to:

(1) the permittee's history of previous violations under this chapter;

(2) the appropriateness of the penalty to the size of the business of the permittee;

(3) the seriousness of the violation, including irreparable harm to the environment and hazard to the health or safety of the public;

(4) whether the permittee was negligent;  and

(5) the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notice of the violation.

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Cite this article: FindLaw.com - Texas Natural Resources Code - NAT RES § 131.266. Injunctive Relief and Civil Penalty - last updated January 01, 2024 | https://codes.findlaw.com/tx/natural-resources-code/nat-res-sect-131-266/

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