Texas Statutes
Subchapter H. Enforcement
Section 134.174. Administrative Penalty for Violation of Permit Condition of This Chapter

Sec. 134.174. ADMINISTRATIVE PENALTY FOR VIOLATION OF PERMIT CONDITION OF THIS CHAPTER. (a) The commission may assess an administrative penalty against a person who violates a permit condition or this chapter. The commission shall assess an administrative penalty if the violation leads to the issuance of a cessation order.
(b) The penalty may not exceed $10,000 for each violation. Each day a violation continues may be considered a separate violation for purposes of penalty assessments.
(c) In determining the amount of the penalty, the commission shall consider:
(1) the person's history of violations at the particular surface coal mining operation;
(2) the seriousness of the violation, including:
(A) any irreparable harm to the environment; and
(B) any hazard to the health or safety of the public;
(3) whether the person was negligent; and
(4) the demonstrated good faith of the person in attempting to comply rapidly after notification of the violation.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 431 (S.B. 1667), Sec. 1, eff. September 1, 2007.

Structure Texas Statutes

Texas Statutes

Natural Resources Code

Title 4 - Mines and Mining

Chapter 134 - Texas Surface Coal Mining and Reclamation Act

Subchapter H. Enforcement

Section 134.161. Condition, Practice, or Violation Creating Imminent Danger or Causing Imminent Harm

Section 134.162. Violation Not Creating Imminent Danger or Causing Imminent Harm

Section 134.163. Term of Cessation Order

Section 134.164. Continuous Violation

Section 134.165. Form of Notice or Order

Section 134.166. Modification, Vacation, or Termination of Notice of Order

Section 134.167. Expiration of Notice or Order

Section 134.168. Application for Commission Review of Notice or Order

Section 134.169. Investigation and Hearing on Application for Review

Section 134.170. Commission Findings and Decision

Section 134.171. Request for Temporary Relief

Section 134.172. Assessment of Costs Incurred in Administrative Proceeding or Judicial Review

Section 134.173. Civil Action

Section 134.174. Administrative Penalty for Violation of Permit Condition of This Chapter

Section 134.175. Penalty Assessment Procedure

Section 134.176. Payment of Penalty; Refund

Section 134.177. Administrative Penalty for Failing to Correct Violation for Which Citation Has Been Issued

Section 134.178. Recovery of Administrative Penalty

Section 134.179. Criminal Penalty for Wilful and Knowing Violation

Section 134.180. Criminal Penalty for False Statement, Representation, or Certification

Section 134.181. Penalty for Director, Officer, or Agent of Corporation

Section 134.182. Citizen Suit

Section 134.183. Notice to Commission Before Bringing Suit; Suit by State

Section 134.184. Venue

Section 134.185. Intervention by Commission

Section 134.186. Costs of Suit; Filing of Bond

Section 134.187. Rights Under Other Law

Section 134.188. Defense