Untitled Texas Attorney General Opinion ( 1967 )

September 14, 1967 Honorable Joe C. Moore, Chairman Opinion No. M-131 Texas Water Quality Board Austin, Texas Re: Authority of the Texas Water Quality Board to adopt water quality rules and to enforce such rules, Dear Mr. MoQre: ! : Youhave requested our opiciou as to whether the Texas Water Quality Board (created by S.B. ,204! Acts 60th Leg. g.6. 1967; p. 749; Art. 76218-1, V.C.S’.)‘San adopt rules ‘and’rrgulations as to water’quality~ and enforce said rules and regulations. You state that the Texas Water’Pollution Con- trol Board (created by,Art. 762ld, V.C.S.), the predecessor of the Texas Water Quality Board did adoptwater quality criteria by its order 67-S. dated June 30, 1967 and that such are now under review by the U.S. Depart- ment of Interior. Federal law provides that the States must adopt water quality standards and provide for the enforcement thereof or the United States Government pill.act through its Secretary of Interior and “shall promulgate s,uch standards.” 33 U.S.C.A. 466, et seq. You desire answers to the following questions: (1) Whether the State Water Pollution Control Board had legal authority to adopt water quality standards? If so, please give citations for the authority. (2) Whether the State Water Pollution Control Board had legal authority to enforce water quality standards? 1,f so, please give citations for the authority. (3) Whether the Texas Water Pollution Control Board took ac- tion, by resolution or otherwise, to adopt and provide for the enforcement of water quality standards? (4) Whether the new Texas Water Quality Board has legal au- thority to enforce water quality standards7 If so, please give citations for the authority. -609- Honorable Joe G. Moore, Page 2 (M-131) Your first three questions are answered In the afflmative, The State Water Pollution Control Board not only could, but euch State agency did, make valid rules and regulations and provide far enforce- ment thereof under the authority of Article 7621d, Sec. 4(c), 4(d), 4(e), and Sec. 12, V.C.S. As to question number (4), there is ample authority for the Texas Water Quality Board to enter an order promulgating and adopting the rules of its predecessor State agency; and the Texas Water Quality Act of 1967, effective September 1, 1967, provides for injunctions, civil penalties and criminal prosecutions to enforce the law. S.B. 204, Chapter 313, Acts 60th Legislature, R.S. 1967, Art. 7621d-1, Sections 11 and 15, V.C.S. gUMMARY The State Water Pollution Control Board had .legal au- thority, to adopt and enforce water control stand da and by its order on June 30. 1967,did adopt water quali criteria and provided for the enforcement thereof. &tic1 Ii 7621d. Sets. 4(c), 4(d). 4(e), and Section 12, V.C.S. The Texas Water Quality Board has legal authority to en- force water quality standards. tjectlons 11 and 15 of Artiole 7621d-1, V.C.S. Ver/ypuly yours, Prepared by Roger Tyler Assistant Attorney General APPROVED: OPINIONCOMMITTEE Hawthorne Phillips, Chairman Kerns B. Taylor, Co-Chairman W. V. Geppert Lewis Berry Linward Shivers Pat Bailey - 610-