| (9) Failure to comply with the requirements of this
subsection may require the destruction of quarantined articles in
accordance with the provisions of the Texas Agriculture Code, Chapter
71 and Chapter 73. The owner of the affected property shall be liable
for all costs for destruction of quarantined articles.
(10) A person who fails to comply with the requirements
of this subchapter or with the provisions of the Texas Agriculture
Code, Chapter 71 or Chapter 73 is subject to an administrative penalty
of up to $5000 for each failure to comply. Each day noncompliance
continues may be considered a separate failure to comply.
(11) The owner of the affected property shall perform
the obligations established by this subchapter and the department's
written notice until such time as the owner is informed by the department
in writing that the quarantined pest has been eradicated or that treatment
and monitoring are no longer required on the affected property.
(12) The quarantined pest shall be considered eradicated
when the pest, in any development stage, has not been detected in
the quarantined area by surveys and trapping during 24 consecutive
months. All monitoring of the affected property will cease upon confirmation
that the quarantined pest has been eradicated from the quarantined
area.
(e) In lieu of requiring treatment of all properties
within a quarantined area, the department may adjust the treatment
area in proportion to the department's assessment of the risk potential
of the quarantined pest to the affected area.
(f) A person who is aggrieved by the provisions of
this subchapter or who will be injured by the quarantine established
by this subchapter or whose property is to be destroyed as a result
of implementing the quarantine established by this subchapter is entitled
to appeal the department's actions in accordance with Texas Agriculture
Code, §71.010.
|
| Source Note: The provisions of this §19.163 adopted to be effective September 5, 2001, 26 TexReg 6660; amended to be effective November 3, 2008, 33 TexReg 8905; amended to be effective June 25, 2010, 35 TexReg 4668; amended to be effective April 26, 2015, 40 TexReg 2192 |
