Section 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.Tex. Nat. Res. Code § 134.174
Amended By Acts 2007, 80th Leg., R.S., Ch. 431, Sec. 1, eff. 9/1/2007.Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. 9/1/1995.