(a) Except as provided by Subsection (b), if the commission determines that a treatment facility that handles waste and wastewater from humans or household operations is operating without a permit required by the commission, the commission shall:
(1) issue an order:
(A) enjoining further operation of the facility until the commission issues the required permit; and
(B) imposing an administrative penalty under this chapter; or
(2) institute a civil action under Subchapter D to:
(A) enjoin further operation of the facility until the commission issues the required permit; and
(B) impose a civil penalty.
(b) If the commission determines there is no feasible alternative treatment or disposal option for the wastewater being sent to the treatment facility, including the option of hauling the wastewater to a permitted facility, the commission is not required to enjoin the operation of the facility under Subsection (a) and may impose other applicable penalties under this chapter.
Official text of the Texas Water Code as published by the Texas Legislative Council.