Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 70 - ENFORCEMENT
Subchapter A - ENFORCEMENT GENERALLY
Section 70.7 - Force Majeure

Universal Citation: 30 TX Admin Code § 70.7

Current through Reg. 50, No. 13; March 28, 2025

(a) If a person can establish that an event that would otherwise be a violation of a statute, rule, order, or permit was caused solely by an act of God, war, strike, riot, or other catastrophe, the event is not a violation of that statute, rule, order, or permit.

(b) The owner or operator of the affected facility shall have the burden of proof to demonstrate that any pollution or discharge is not a violation as provided by subsection (a) of this section.

(c) If force majeure is claimed as an affirmative defense to an action brought under this chapter, the permittee must submit notice to the executive director as provided by § 305.125(9) of this title (relating to Standard Permit Conditions).

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