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RULE §70.1Purpose

(a) The purpose of this chapter is to provide general rules governing enforcement actions before the commission or, upon delegation of the authority to issue an administrative order, the executive director. The commission shall delegate the authority to issue an administrative order to the executive director by resolution.

(b) This chapter delineates what factors are considered and how statutory requirements are applied in determining the amount of an administrative penalty. The purpose of an administrative penalty is to penalize and deter non-compliance with the commission's rules and to recover any economic benefit resulting from the non-compliance as the commission determines is appropriate. The commission may also establish policies to further delineate the specific procedures for calculating administrative penalties. Specific statutory requirements are located in Texas Water Code, Chapters 5, 7, 11 - 13, and 16; and the Texas Health and Safety Code, Chapters 341, 366, 369, 371, 374, and 401.

(c) This chapter applies to all persons, as defined in §3.2 of this title (relating to Definitions), under the jurisdiction of the commission.

(d) Nothing in this chapter shall constrain the commission from issuing an enforcement order pursuant to Texas Water Code, §7.051 that assesses an administrative penalty that is different from a penalty proposed by the executive director.

(e) Procedures for contested enforcement cases are located in Chapter 80 of this title (relating to Contested Case Hearings).

(f) If some part or parts of these rules cannot be interpreted as consistent with the Texas Water Code, the Texas Health and Safety Code, or the Administrative Procedure Act, or where applicable parts of those statutes are not specifically included in these rules, the statutes shall control.

Source Note: The provisions of this §70.1 adopted to be effective June 6, 1996, 21 TexReg 4753; amended to be effective July 22, 2010, 35 TexReg 6289; amended to be effective August 30, 2012, 37 TexReg 6609

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