Section 131.266 - Injunctive Relief and Civil Penalty(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.Tex. Nat. Res. Code § 131.266
Acts 1977, 65th Leg., p. 2632, ch. 871, art. I, Sec. 1, eff. 9/1/1977.