(a) The executive director is authorized to cause to
be instituted, in courts of competent jurisdiction, legal proceedings
to enforce and compel compliance with any provisions, whether of statutes,
rules, regulations, permits or licenses, or orders, that the commission
is entitled or required by law to enforce or with which the commission
is entitled or required by law to compel compliance. Such legal proceedings
may be initiated at any time by the executive director by a letter
from the executive director or an authorized representative referring
the matter to the Texas Attorney General's Office (OAG) and requesting
that the attorney general take action on behalf of the commission.
(b) The criteria for the commission or the executive
director to refer an enforcement case to the OAG include but are not
limited to the following:
(1) need for immediate action to protect public health,
safety, or the environment;
(2) need for a judgment to enforce compliance with
an existing administrative enforcement order where there is a significant
impact to the environment or to agency policy;
(3) egregious violations where the availability of
civil penalties is necessary to adequately address the violations;
(4) when required by law under Texas Water Code (TWC), §7.105,
unless under TWC, §7.106, the OAG and the executive director
agree to resolve the violation(s) through an administrative order;
or
(5) when the TCEQ has been named as a necessary and
indispensible party in an action brought by a local government under
TWC, §7.351 and §7.353.
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