Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter L - PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › Division 3 - CIVIL PENALTIES › Section 12.689 - Assessment of Separate Violations for Each Day

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission may assess separately a
					 civil penalty for each day from the date of issuance of the notice of violation
					 or cessation order to the date set for abatement of the violation. In
					 determining whether to make such an assessment, the Commission shall consider
					 the factors listed in §
											RSA
					 12.687 of this title (relating to Point
					 System for Penalties) and may consider the extent to which the person to whom
					 the notice or order was issued gained any economic benefit as a result of a
					 failure to comply. For any violation which continues for two or more days and
					 which is assigned more than 70 points under §
											RSA
					 12.687<subdiv>(b)</subdiv> of
					 this title (relating to Point System for Penalties), the Commission shall
					 assess a civil penalty for a minimum of two separate days.
(b) In addition to the civil penalty provided
					 for in subsection (a) of this section, whenever a violation contained in a
					 notice of violation or cessation order has not been abated within the abatement
					 period set in the notice or order or subsequently extended pursuant to §
											RSA
					 12.678 of this title (relating to Notices of
					 Violation), a civil penalty of not less than $1,025 shall be assessed for each
					 day during which such failure continues, except that, if the person to whom the
					 notice or order was issued initiates review proceedings with respect to the
					 violation, the abatement period shall be extended as follows:
(1) if suspension of the abatement
					 requirements of the notice or order is ordered in a temporary relief proceeding
					 pursuant to administrative review under §134.171 of the Act, after a
					 determination that the person to whom the notice or order was issued will
					 suffer irreparable loss or damage from the application of the requirements, the
					 period permitted for abatement shall not end until the date on which the
					 Commission issues a final order with respect to the violation in question;
					 and
(2) if the person to whom the
					 notice or order was issued initiates judicial review proceedings under §
												RSA
					 12.694 of this title (relating to Final
					 Assessment and Payment of Penalty), with respect to the violation, in which the
					 obligations to abate are suspended by the court, the daily assessment of a
					 penalty shall not be made for any period before entry of a final order by the
					 court.
(3) Such penalty for the
					 failure to abate the violation shall not be assessed for more than 30 days for
					 each such violation. If the permittee has not abated the violation within the
					 30-day period, the Commission shall take appropriate action pursuant to
					 §§134.179, 134.181, 134.164 or 134.173 of the Act within 30 days to
					 ensure that abatement occurs or to ensure that there will not be a reoccurrence
					 of the failure to abate.