| (a) General provisions.
(1) Whenever a court of competent jurisdiction enters
a judgment against or convicts a person under the provisions of this
section, the Commission will update AVS to reflect the judgment or
conviction.
(2) The existence of a performance bond or bond forfeiture
cannot be used as the sole basis for determining that an alternative
enforcement action is unwarranted.
(3) Nothing in this part eliminates or limits any additional
enforcement rights or procedures available to a permittee or an applicant
under Federal or State law.
(b) Criminal penalties. Under §134.179 and §134.180
of the Act, the Commission may request the Texas Attorney General
to pursue criminal penalties against any person who:
(1) willfully and knowingly violates a condition of
the permit;
(2) willfully and knowingly fails or refuses to comply
with:
(A) any order issued under Subchapter H of the Act
(relating to Enforcement); or
(B) any order incorporated into a final decision issued
by the Commission under the Act (except for those orders specifically
excluded under §134.179 of the Act); or
(3) knowingly makes any false statement, representation,
or certification, or knowingly fails to make any statement, representation,
or certification in any application, record, report, plan, or other
document filed or required to be maintained under the Commission's
regulatory program or any order or decision issued by the Commission
under the Act.
(c) Civil actions for relief.
(1) Under §134.173 of the Act, the Commission
may request the Texas Attorney General to institute a civil action
for relief whenever the permittee or an agent of the permittee:
(A) fails or refuses to comply with or violates any
order or decision issued by the Commission under the Act or regulatory
program;
(B) interferes with, hinders, or delays the Commission
in carrying out the provisions of the Act or its implementing regulations;
(C) refuses to admit an authorized Commission representative
onto the site of a surface coal mining and reclamation operation;
(D) refuses to allow an authorized Commission representative
to inspect a surface coal mining and reclamation operation;
(E) refuses to furnish any information or report that
requested by the Commission under the Act or regulatory program; or
(F) refuse to allow access to, or copying of, those
records that the Commission determines are necessary to carry out
the provisions of the Act and its implementing regulations.
(2) A civil action for relief includes a permanent
or temporary injunction, restraining order, or any other appropriate
order by a district court of the United States for the district in
which the surface coal mining and reclamation operation or the permittee's
principal office is located.
(3) Temporary restraining orders will be issued in
accordance with Rule 680 of the Texas Rules of Civil Procedure, as
amended.
(4) Any relief the court grants to enforce an order
under paragraph (2) of this subsection will continue in effect until
completion or final termination of all proceedings for review of that
order under the Act or its implementing regulations unless, beforehand,
the district court granting the relief sets aside or modifies the
order.
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