Sanciones Administrativas por Violaciones en el Uso del Agua

Sec. 13.4151. ADMINISTRATIVE PENALTY. (a) If a person, affiliated interest, or entity subject to the jurisdiction of the utility commission or the commission violates this chapter or a rule or order adopted under this chapter, the utility commission or the commission, as applicable, may assess a penalty against that person, affiliated interest, or entity as provided by this section. The penalty may be in an amount not to exceed $5,000 a day. Each day a Statute text rendered on: 1/1/2024 - 504 - WATER CODE violation continues may be considered a separate violation. (b) In determining the amount of the penalty, the utility commission or the commission shall consider: (1) the nature, circumstances, extent, duration, and gravity of the prohibited acts or omissions; (2) with respect to the alleged violator: (A) the history and extent of previous violations; (B) the degree of culpability, including whether the violation was attributable to mechanical or electrical failures and whether the violation could have been reasonably anticipated and avoided; (C) the demonstrated good faith, including actions taken by the person, affiliated interest, or entity to correct the cause of the violation; (D) any economic benefit gained through the violation; and (E) the amount necessary to deter future violations; and (3) any other matters that justice requires. (c) If, after examination of a possible violation and the facts surrounding that possible violation, the utility commission or the execut