30 Tex. Admin. Code § 70.1 - Purpose
(a) The purpose of this chapter is to provide
general rules governing enforcement actions before the commission or, upon
delegation of the authority to issue an administrative order, the executive
director. The commission shall delegate the authority to issue an
administrative order to the executive director by resolution.
(b) This chapter delineates what factors are
considered and how statutory requirements are applied in determining the amount
of an administrative penalty. The purpose of an administrative penalty is to
penalize and deter non-compliance with the commission's rules and to recover
any economic benefit resulting from the non-compliance as the commission
determines is appropriate. The commission may also establish policies to
further delineate the specific procedures for calculating administrative
penalties. Specific statutory requirements are located in Texas Water Code,
Chapters 5, 7, 11 - 13, and 16; and the Texas Health and Safety Code, Chapters
341, 366, 369, 371, 374, and 401.
(c) This chapter applies to all persons, as
defined in §
3.2 of this title (relating to
Definitions), under the jurisdiction of the commission.
(d) Nothing in this chapter shall constrain
the commission from issuing an enforcement order pursuant to Texas Water Code,
§
7.051 that assesses an
administrative penalty that is different from a penalty proposed by the
executive director.
(e) Procedures
for contested enforcement cases are located in Chapter 80 of this title
(relating to Contested Case Hearings).
(f) If some part or parts of these rules
cannot be interpreted as consistent with the Texas Water Code, the Texas Health
and Safety Code, or the Administrative Procedure Act, or where applicable parts
of those statutes are not specifically included in these rules, the statutes
shall control.
Notes
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