(a) A person commits an offense if he:
(1) refuses to submit information requested by the director under Section 5A-5(a); or
(2) violates a rule of the Texas Natural Resource Conservation Commission identified in Section 5A-6; or
(3) owns, controls, or manages a source that violates the emission standard prescribed by Section 5A-7(a), (b) or (c); or
(4) interferes with the director in the exercise of his authority under Section 5A-9(b); or
(5) violates a rule established under Section 5A-10; or
(6) refuses to allow or interferes with an inspection authorized under Section 5A-11; or
(7) violates a variance or order granted or issued by the Texas Natural Resource Conservation Commission under the Texas Clean Air Act.
(b) A culpable mental state is not required for the commission of an offense under this section unless the provision defining the offense expressly requires a culpable mental state.
(c) An offense committed under this section is punishable by a fine of not more than $2,000.
(d) A separate offense is committed each day in which an offense under this section occurs.
(e) If an enforcing officer designated by the director has probable cause to believe that a person has committed an offense under this section, the enforcing officer may issue the person a written citation requiring him to appear in municipal court to answer the charge against him. If, upon request by the enforcing officer, the person believed by the officer to have committed the offense refuses to promise to appear in court by signing the citation, the enforcing officer may cause the person to be arrested. The citation must include the name of the person cited for the offense, identification and date of offense alleged, and date of citation. The officer issuing a citation shall sign it.
(f) Prosecution for an offense under this section does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. (Ord. Nos. 15079; 18001; 18902; 19963; 20076; 22442; 29879, eff. 10/1/15)