(a) The executive director shall consider the following factors in the process of conducting a criminal enforcement review:
  (1) the nature, circumstances, extent, duration, and gravity of the prohibited act, with special emphasis on the impairment of existing water rights or the hazard or potential hazard created to the health or safety of the public;
  (2) the result of the violation on:
    (A) air quality in the region;
    (B) a receiving stream or underground water reservoir;
    (C) instream uses, water quality, aquatic and wildlife habitat, or beneficial freshwater inflows to bays and estuaries; or
    (D) affected persons;
  (3) 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 alleged violator to rectify the cause of the violation and to compensate affected persons;
    (D) economic benefit gained through the violation; and
    (E) the necessity to deter future violations; and
  (4) any other matters that justice may require.
(b) The criminal environmental enforcement review team will be comprised of representatives with expertise in criminal investigations, civil and administrative enforcement, and any other relevant specialists.

Source Note: The provisions of this §70.206 adopted to be effective August 4, 2004, 29 TexReg 7442