MIDDLE TRINITY
GROUNDWATER
CONSERVATION DISTRICT

ERATH     COMANCHE     BOSQUE     CORYELL

RULES AND COMPLIANCE CONT.

 

VI. Violation Guidelines
The District shall use the Violation Guidelines and Civil Penalty Schedules established in this rules compliance policy in any civil suit brought by the District to enforce its rules, Chapter 36, or any other District power and in making any settlement offer the District may extend to a rule violator. At no time may the District seek a rule violation penalty that exceeds $10,000 per day per violation.
When determining the amount of a rule violation penalty, the District shall use the specific amounts listed in the Civil Pena lty Schedules below. But the District does have the discretion to establish a penalty amount that takes the following factors int o consideration:
(1) the amount of money necessary to offset any economic benefit received by the rule violator because of the rule violation;
(2) the amount of money necessary to allow the District to recover all costs incurred by the District in addressing the rule violation, including but not limited to any costs for attorneys, experts, consultants and time invested by District staff. (3) the amount of necessary to mitigate any damages caused by the rule violation; and
(4) the severity of the rule violation.
VII. Major Violations
The District deems the following acts as Major Violations:
1. Drilling a well without registering the well (well is exempt from permit) (Rule 5.2)
2. Drilling a well without an Operating Permit - (Rule 5.2)
3. Operating a well without a permit (Rule 5.2(d))
4. Failure to register a well that is altered (Rule 5.2(a))
5. Falsification of information on registration and permit documents (Rule 5.11(e))
6. Failure to amend permit (Rule 5.13)
7. Exceeding production cap for Operating Permits (Rule 3.2(a))
8. Exceeding production limit of Operating Permit (Rule 3.3)(Rule 5.12)
9. Failure to meet spacing requirements (Rule 7.4)
10. Failure to meet spacing requirements from septic, cemetery, and property line as set forth in TDLR Rules in Texas Adminis trative Code (Rule 7.3)
11. Drilling a well at a location other than that specified in the permit (Rule 7.2)
12. Failure to complete or recomplete wells properly (Rules 7.5/7.6)
13. Failure of an entity holding a permit from the Railroad Commission to supply information to the District required under D istrict Rules (Rule 5.3(d))
14. Failure of a driller to supply a Driller’S Log or Well Completion Report - (Rule 5.14)
15. Incorrectly reworking or replacing a well (Rule 6.1)
16. Committing intentional or negligent waste - (Rule 8.1)
17. Surface pollution - (Rule 8.2)
18. Sub-surface pollution - (Rule 8.3)
19. Well owner refusing access to wells or inspection or testing (Rules 5.2(j); 5.11(d); and 10.1)
20. Failure to report meter readings on water transported out of the district (Rule 11.1(b) & 12.5)
21. Failure to pay transport fees (Rule 11.1(a))
22. Failure to meter wells for groundwater exploration to the proper specifications (Rule 12.1)
VIII. Civil Penalty Schedule for Major Violations
First Violation: $200.00 Second Violation: $400.00 Third Violation: Civil suit for injunction and damages
A second violation shall be any rule violation that occurs within 5 years of the first violation of the same level. A third v iolation shall be any violation which follows the second violation within 5 years of the first violation. Each day of a violatio n constitutes a separate violation.
IX. Minor Violations
The District deems the following acts as Minor Violations:
1. Operating a well without registering the well (Rule 5.2(a))
2. Failure to register a well that is completed or subject to change in type or location of use - (Rule 5.2(a))
3. Failure to amend registration (Rule 5.2(k))
4. Failure to cap an inactive well or capping of well not adequately done - (Rule 10.5)
5. Failure to plug an abandoned well - (Rule 10.5(b))
6. Failure to amend an Inactive Well Grandfather Well Permit to become an Active Grandfather Well Permit before producing wat er - (Rule 3.1(b))
7. Failure to notify District of change of ownership of well - (Rules 5.2(k) and 5.11(b))
8. Failure to timely renew an Operating Permit - (Rule 5.4(d))
9. Failure to complete the Groundwater Well Status Report - (Rules 5.16 & 5.11(k))
X. Civil Penalty Schedule for Minor Violations
First Violation: $50.00 Second Violation: $100.00 Third Violation: Major Violation
A second violation shall be any rule violation that occurs within 5 years of the first violation of the same level. A third v iolation shall be any violation which follows the second violation within 5 years of the first violation. Each day of a violatio n constitutes a separate violation.


 

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