Texas Water Code
§ 5.117 — MANDATORY ENFORCEMENT HEARING
WA § 5.117Title 2. WATER ADMINISTRATION · Part A. EXECUTIVE AGENCIES · Ch. 5. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY · Art. D. GENERAL POWERS AND DUTIES OF COMMISSION
Statute text
View on source(a)The executive director shall monitor compliance with all permits and licenses issued by the commission under this code, and if the evidence available to the executive director through this monitoring process indicates that a permittee or licensee is in substantial noncompliance with his permit or license for a period of four months, or for a shorter period of time if the executive director considers an emergency to exist, the executive director shall report this fact to the commission together with the information relating to the noncompliance.
(b)On receiving a report from the executive director under Subsection (a) of this section, the commission shall call and hold a hearing to determine whether the permittee or licensee who is the subject of the executive director's report has been in substantial noncompliance with his permit or license.
(c)At the conclusion of the hearing, the commission shall issue one of the following orders stating that:
(1)no violation of the permit or license has occurred;
(2)a violation of the permit or license has occurred but has been corrected and no further action is necessary to protect the public interest;
(3)the executive director is authorized to enter into a compliance agreement with the permittee or licensee;
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Legislative history
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.011, eff. Aug. 12, 1991.