Texas § NR.81.0531 - ADMINISTRATIVE PENALTY

§ NR.81.0531. ADMINISTRATIVE PENALTY

ADMINISTRATIVE PENALTY. (a) If a person violates provisions of this title which pertain to safety or the prevention or control of pollution or the provisions of a rule, order, license, permit, or certificate which pertain to safety or the prevention or control of pollution and are issued under this title, the person may be assessed a civil penalty by the commission. (b) The penalty may not exceed: (1) $10,000 a day for each violation that is not related to pipeline safety; or (2) $200,000 a day for each violation that is related to pipeline safety. (b-1) Each day a violation continues may be considered a separate violation for purposes of penalty assessments, provided that the maximum penalty that may be assessed for any related series of violations related to pipeline safety may not exceed $2 million. (c) In determining the amount of the penalty, the commission shall consider the permittee's history of previous violations, the seriousness of the violation, any hazard to the health or safety of the public, and the demonstrated good faith of the person charged. In determining the amount of the penalty for a violation of a provision of this title or a rule, order, license, permit, or certificate that relates to pipeline safety, the commission shall consider the guidelines adopted under Subsection (d). (d) The commission by rule shall adopt guidelines to be used in determining the amount of the penalty for a violation of a provision of this title or a rule, order, license, permit, or certificate that relates to pipeline safety. The guidelines shall include a penalty calculation worksheet that specifies the typical penalty for certain violations, circumstances justifying enhancement of a penalty and the amount of the enhancement, and circumstances justifying a reduction in a penalty and the amount of the reduction. The guidelines shall take into account: (1) the permittee's history of previous violations, including the number of previous violations; (2) the seriousness of the violation and of any pollution resulting from the violation; (3) any hazard to the health or safety of the public; (4) the degree of culpability; (5) the demonstrated good faith of the person charged; and (6) any other factor the commission considers relevant. (e) A penalty collected under this section shall be deposited to the credit of the oil-field cleanup fund. Added by Acts 1983, 68th Leg., p. 1407, ch. 286, Sec. 1, eff. Sept. 1, 1983. Amended by Acts 1999, 76th Leg., ch. 1089, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1233, Sec. 5, eff. Sept. 1, 2001. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 104 (S.B. 900 ), Sec. 1, eff. September 1, 2013.