State v. City of Greenville

ON MOTION FOR REHEARING

STEWART, Justice.

We grant the motion for rehearing of appellee, City of Greenville, and withdraw our opinion of September 30, 1986. The following is now our opinion.

The State of Texas appeals from a judgment of the trial court, complaining that the $5,000 it assessed against the City of Greenville was an insufficient penalty for the City’s failure to provide an adequate final cover at its municipal solid waste disposal site. The State contends that the trial court erred in not assessing the statutory minimum civil penalty of one hundred dollars per day as required by…