SECTION 299.71. Enforcement

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(a) If the executive director alleges violations of this chapter, enforcement action may be pursued according to Texas Water Code, Chapter 7 and §70.5 of this title (relating to Remedies). Remedies include:
(1) seeking an emergency order from the commission to either reconstruct, modify, alter, or repair the deficient dam or remove the dam as described in §299.72 of this title (relating to Emergency Orders); or
(2) referring to the Office of the Attorney General for civil judicial action, including the assessment of civil penalties and injunctive relief.
(b) An owner who willfully fails or refuses to take appropriate action within the time frames addressed in the appropriate executive director enforcement letters is liable for a penalty of not more than $5,000 a day for each day the violation continues.

Source Note: The provisions of this §299.71 adopted to be effective January 1, 2009, 33 TexReg 10465

                    
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