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Texas Water Code - WATER § 7.035. Injunction and Enforcement Relating to Certain Treatment Facilities

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

(a) Except as provided by Subsection (b), if the commission determines that a treatment facility that handles waste and wastewater from humans or household operations is operating without a permit required by the commission, the commission shall:

(1) issue an order:

(A) enjoining further operation of the facility until the commission issues the required permit;  and

(B) imposing an administrative penalty under this chapter;  or

(2) institute a civil action under Subchapter D   1 to:

(A) enjoin further operation of the facility until the commission issues the required permit;  and

(B) impose a civil penalty.

(b) If the commission determines there is no feasible alternative treatment or disposal option for the wastewater being sent to the treatment facility, including the option of hauling the wastewater to a permitted facility, the commission is not required to enjoin the operation of the facility under Subsection (a) and may impose other applicable penalties under this chapter.

1  V.T.C.A., Water Code § 7.101 et seq.
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Cite this article: FindLaw.com - Texas Water Code - WATER § 7.035. Injunction and Enforcement Relating to Certain Treatment Facilities - last updated January 01, 2024 | https://codes.findlaw.com/tx/water-code/water-sect-7-035/

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