Tex. Water Code Section 7.302
Grounds for Revocation or Suspension of Permit


(a)

This section applies to a permit or exemption issued by the commission under:

(1)

Section 18.005 (Discharge of Treated Marine Seawater or Waste Resulting from Desalination of Marine Seawater) of this code;

(2)

Chapter 26 (Water Quality Control), 27 (Injection Wells), 28 (Water Wells and Drilled or Mined Shafts), or 31 (Subsurface Excavations) of this code;

(3)

Subchapter C or R, Chapter 361 (Solid Waste Disposal Act), Health and Safety Code;

(4)

Subchapter D (Permits), Chapter 366 (On-site Sewage Disposal Systems), Health and Safety Code;

(5)

Chapter 382 (Clean Air Act), Health and Safety Code; or

(6)

a rule adopted under any of those provisions.

(b)

After notice and hearing, the commission may revoke, suspend, or revoke and reissue a permit or exemption on any of the following grounds:

(1)

violating any term or condition of the permit, and revocation, suspension, or revocation and reissuance is necessary in order to maintain the quality of water or the quality of air in the state, or to otherwise protect human health and the environment consistent with the objectives of the statutes or rules within the commission’s jurisdiction;

(2)

having a record of environmental violations in the preceding five years at the permitted or exempted site;

(3)

causing a discharge, release, or emission contravening a pollution control standard set by the commission or contravening the intent of a statute or rule described in Subsection (a);

(4)

including a material mistake in a federal operating permit issued under Chapter 382 (Clean Air Act), Health and Safety Code, or making an inaccurate statement in establishing an emissions standard or other term or condition of a federal operating permit;

(5)

misrepresenting or failing to disclose fully all relevant facts in obtaining the permit or misrepresenting to the commission any relevant fact at any time;

(6)

a permit holder being indebted to the state for fees, payment of penalties, or taxes imposed by the statutes or rules within the commission’s jurisdiction;

(7)

a permit holder failing to ensure that the management of the permitted facility conforms or will conform to the statutes and rules within the commission’s jurisdiction;

(8)

the permit is subject to cancellation or suspension under Section 26.084 (Actions Available to Commission After Designations of Systems);

(9)

abandoning the permit or operations under the permit; or

(10)

the commission finds that a change in conditions requires elimination of the discharge authorized by the permit.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 376, Sec. 3.04, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 4, eff. June 17, 2015.

Source: Section 7.302 — Grounds for Revocation or Suspension of Permit, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­7.­htm#7.­302 (accessed May 11, 2024).

7.001
Definitions
7.002
Enforcement Authority
7.003
Enforcement Report
7.004
Remedies Cumulative
7.005
Effect on Other Law
7.006
Enforcement Policies
7.0025
Initiation of Enforcement Action Using Information Provided by Private Individual
7.0026
Suspension of Enforcement Action Against Certain Regional Water, Sewer, or Solid Waste Services
7.031
Corrective Action Relating to Hazardous Waste
7.032
Injunctive Relief
7.034
Deferral of Penalty for Certain Utility Facilities
7.035
Injunction and Enforcement Relating to Certain Treatment Facilities
7.051
Administrative Penalty
7.052
Maximum Penalty
7.053
Factors to Be Considered in Determination of Penalty Amount
7.054
Report of Violation
7.055
Notice of Report
7.056
Consent
7.057
Default
7.058
Hearing
7.059
Notice of Decision
7.060
Notice of Penalty
7.061
Payment of Penalty
7.062
Stays
7.063
Consent to Affidavit
7.064
Judicial Review
7.065
Penalty Reduced or Not Assessed
7.066
Referral to Attorney General
7.067
Supplemental Environmental Projects
7.068
Full and Complete Satisfaction
7.069
Disposition of Penalty
7.070
Findings of Fact Not Required
7.071
Inadmissibility
7.072
Recovery of Penalty
7.073
Corrective Action
7.074
Hearing Powers
7.075
Public Comment
7.101
Violation
7.102
Maximum Penalty
7.103
Continuing Violations
7.104
No Penalty for Failure to Pay Certain Fees
7.105
Civil Suit
7.106
Resolution Through Administrative Order
7.107
Division of Civil Penalty
7.108
Attorney’s Fees
7.109
Parks and Wildlife Department Jurisdiction
7.110
Comments
7.141
Definitions
7.142
Violations Relating to Unlawful Use of State Water
7.143
Violation of Minimum State Standards or Model Political Subdivision Rules
7.145
Intentional or Knowing Unauthorized Discharge
7.147
Unauthorized Discharge
7.148
Failure to Properly Use Pollution Control Measures
7.149
False Statement
7.150
Failure to Notify or Report
7.151
Failure to Pay Fee
7.152
Intentional or Knowing Unauthorized Discharge and Knowing Endangerment
7.153
Intentional or Knowing Unauthorized Discharge and Endangerment
7.154
Reckless Unauthorized Discharge and Endangerment
7.155
Violation Relating to Discharge or Spill
7.156
Violation Relating to Underground Storage Tank
7.157
Violation Relating to Injection Wells
7.158
Violation Relating to Plugging Wells
7.159
Violation Relating to Water Wells or Drilled or Mined Shafts
7.160
Violation Relating to Certain Subsurface Excavations
7.161
Violation Relating to Solid Waste in Enclosed Containers or Vehicles
7.162
Violations Relating to Hazardous Waste
7.163
Violations Relating to Hazardous Waste and Endangerment
7.164
Violations Relating to Medical Waste: Large Generator
7.165
Violations Relating to Medical Waste: Small Generator
7.166
Violations Relating to Transportation of Medical Waste
7.167
False Statements Relating to Medical Waste
7.168
Intentional or Knowing Violation Relating to Medical Waste and Knowing Endangerment
7.169
Intentional or Knowing Violation Relating to Medical Waste and Endangerment
7.170
Intentional or Knowing Release of Medical Waste into Environment and Endangerment
7.171
Reckless Release of Medical Waste into Environment and Endangerment
7.172
Failure of Sewage System Installer to Register
7.173
Violation Relating to Sewage Disposal
7.174
Violation of Sewage Disposal System Permit Provision
7.175
Emergency Repair Not an Offense
7.176
Violations Relating to Handling of Used Oil
7.177
Violations of Clean Air Act
7.178
Failure to Pay Fees Under Clean Air Act
7.179
False Representations Under Clean Air Act
7.180
Failure to Notify Under Clean Air Act
7.181
Improper Use of Monitoring Device
7.182
Reckless Emission of Air Contaminant and Endangerment
7.183
Intentional or Knowing Emission of Air Contaminant and Knowing Endangerment
7.184
Violations Relating to Low-level Radioactive Waste
7.185
Knowing or Intentional Unauthorized Disposal of Lead-acid Batteries
7.186
Separate Offenses
7.187
Penalties
7.188
Repeat Offenses
7.189
Venue
7.190
Disposition of Fines
7.191
Notice of Conviction
7.192
Judgment of Conviction
7.193
Peace Officers
7.194
Allegations
7.195
Summons and Arrest
7.196
Service of Summons
7.197
Arraignment and Pleadings
7.198
Appearance
7.199
Fine Treated as Judgment in Civil Action
7.200
Effect on Certain Other Laws
7.201
Defense Excluded
7.202
Proof of Knowledge
7.203
Criminal Enforcement Review
7.251
Act of God
7.00251
Initiation of Certain Clean Air Act Enforcement Actions Using Information Provided by a Person
7.252
Defenses to Endangerment Offenses
7.253
Defenses Available to Person Responsible for Solid Waste Violations
7.254
Defense to Used Oil Offenses
7.255
Defense Excluded
7.256
Compliance with Federal Occupational Safety and Health Standards
7.257
Defense to Nuisance or Trespass
7.301
Definition
7.302
Grounds for Revocation or Suspension of Permit
7.303
Grounds for Revocation or Suspension of License, Certificate, or Registration
7.304
Suspension of Registration or Reimbursement Payment Issued Under Waste Tire Recycling Program
7.305
Procedures
7.306
Hearings
7.307
Consent
7.308
Other Relief
7.309
Probation Requirements
7.310
Revocation or Suspension by County
7.351
Civil Suits
7.352
Resolution Required
7.353
Commission Necessary Party
7.354
Costs and Fees
7.355
Complaints
7.356
Commission Reply
7.358
Other Requirements
7.359
Factors to Be Considered in Determining Amount of Civil Penalty
7.360
Limitations
7.0525
Penalties for Violations Related to Certain Dry Cleaning Facilities
7.0675
Enforcement Diversion Program for Small Businesses and Local Governments
7.1021
Maximum Civil Penalty: Violation of Community Right-to-know Laws
7.1565
Presumption
7.1735
Violation Relating to Maintenance of Sewage Disposal System
7.1831
Violation of Locally Enforced Motor Vehicle Idling Limitations
7.1851
Violations Relating to Community Right-to-know Laws
7.3511
Procedure for Civil Penalty

Accessed:
May 11, 2024

§ 7.302’s source at texas​.gov