§ 55.15. STANDARD PERMIT CONDITIONS.

(A)

Duty to comply. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit condition is a violation of the permit and statutes under which it was issued, and is grounds for enforcement action, for terminating coverage under a permit issued under this chapter, or for requiring a discharger to apply for and obtain an individual permit under this chapter.

(B)

Permit suspension or revocation. Authorization under a permit issued under this chapter may be suspended or revoked for cause. Filing a notice of planned changes or anticipated noncompliance by the permittee does not stay any permit condition imposed by this chapter. The permittee must furnish to the City Manager, the City Engineer, or Building Official, upon request and within a reasonable time, any information necessary for the City Manager, the City Engineer, or Building Official to determine whether cause exists for revoking, suspending, or terminating authorization under any permit issued in compliance with this chapter. Additionally, the permittee must provide to the City Manager, the City Engineer, or Building Official, upon request, copies of all records that the permittee is required to maintain as a condition of this chapter.

(C)

Limit on defense. It is not a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the permit conditions.

(D)

Inspection and entry. Inspection and entry by the city shall be allowed under Tex. Water Code Chapters 26-28, Tex. Health and Safety Code § 361.032, and 40 CFR § 122.41(1).

(E)

Water code penalties apply. The discharger is subject to administrative, civil, and criminal penalties, as applicable, for violations including, but not limited to, the following:

(1)

Negligently or knowingly violating the federal Clean Water Act (CWA) §§ 301, 302, 306, 307, 308, 318, or 405, or any condition or limitation implementing any sections in a permit issued under CWA § 402, or any requirement imposed in a pretreatment program approved under CWA § 402(a)(3) or 402(b)(8);

(2)

Knowingly making any false statement, representation, or certification in any record or other document submitted or required to be maintained under a permit, including monitoring reports or reports of compliance or noncompliance.

(F)

Signing of reports. All reports and other information requested by the City Manager, the City Engineer, or Building Official must be signed by the person and in the manner required by 30 TAC § 305.128 (relating to Signatories to Reports).

(G)

Authorization does not convey property or waive rights. Authorization under this chapter does not convey property or water rights of any sort and does not grant any exclusive privilege.

(H)

Additional provisions. Nothing in this chapter shall be construed to allow storm water runoff from any construction and/or land-disturbing activity onto any other public or private property except as expressly provided by this chapter. Additionally, any permittee under this chapter is specifically required to complete internal final stabilization of the entirety of a permitted construction and/or land disturbance area prior to the city's acceptance of an NOT, or the issuance by the city of any certificate of occupancy.

(Ord. 2012-720, passed 3-8-12)