30 Tex. Admin. Code § 70.7 - Force Majeure
(a) If a person can
establish that an event that would otherwise be a violation of a statute, rule,
order, or permit was caused solely by an act of God, war, strike, riot, or
other catastrophe, the event is not a violation of that statute, rule, order,
or permit.
(b) The owner or
operator of the affected facility shall have the burden of proof to demonstrate
that any pollution or discharge is not a violation as provided by subsection
(a) of this section.
(c) If force
majeure is claimed as an affirmative defense to an action brought under this
chapter, the permittee must submit notice to the executive director as provided
by §
305.125(9) of
this title (relating to Standard Permit Conditions).
Notes
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