(a) The executive director is authorized to cause to be instituted, in courts of competent jurisdiction, legal proceedings to enforce and compel compliance with any provisions, whether of statutes, rules, regulations, permits or licenses, or orders, that the commission is entitled or required by law to enforce or with which the commission is entitled or required by law to compel compliance. Such legal proceedings may be initiated at any time by the executive director by a letter from the executive director or an authorized representative referring the matter to the Texas Attorney General's Office (OAG) and requesting that the attorney general take action on behalf of the commission.
(b) The criteria for the commission or the executive director to refer an enforcement case to the OAG include but are not limited to the following:
  (1) need for immediate action to protect public health, safety, or the environment;
  (2) need for a judgment to enforce compliance with an existing administrative enforcement order where there is a significant impact to the environment or to agency policy;
  (3) egregious violations where the availability of civil penalties is necessary to adequately address the violations;
  (4) when required by law under Texas Water Code (TWC), §7.105, unless under TWC, §7.106, the OAG and the executive director agree to resolve the violation(s) through an administrative order; or
  (5) when the TCEQ has been named as a necessary and indispensible party in an action brought by a local government under TWC, §7.351 and §7.353.

Source Note: The provisions of this §70.6 adopted to be effective June 6, 1996, 21 TexReg 4753; amended to be effective August 30, 2012, 37 TexReg 6609