Texas Water Code

§ 5.753 — STANDARDS FOR EVALUATING AND USING COMPLIANCE HISTORY

WA § 5.753Title 2. WATER ADMINISTRATION · Part A. EXECUTIVE AGENCIES · Ch. 5. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY · Art. Q. PERFORMANCE-BASED REGULATION

Statute text

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(a)Consistent with other law and the requirements necessary to maintain federal program authorization, the commission by rule shall develop standards for evaluating and using compliance history that ensure consistency. In developing the standards, the commission may account for differences among regulated entities.

(b)The components of compliance history must include:

(1)enforcement orders, court judgments, and criminal convictions of this state relating to compliance with applicable legal requirements under the jurisdiction of the commission;

(2)notwithstanding any other provision of this code, orders issued under Section 7.070;

(3)to the extent readily available to the commission, enforcement orders, court judgments, consent decrees, and criminal convictions relating to violations of environmental rules of the United States Environmental Protection Agency; and

(4)changes in ownership.

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.03, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.04, eff. September 1, 2011.