Texas Natural Resources Code

§ 131.266 — INJUNCTIVE RELIEF AND CIVIL PENALTY

NR § 131.266Title 4. MINES AND MINING · Ch. 131. URANIUM SURFACE MINING AND RECLAMATION ACT · Art. G. ENFORCEMENT

Statute text

(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

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Legislative history

Acts 1977, 65th Leg., p. 2632, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.