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<br />City of San Marcos
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<br />TPDES Permit No. WQOOI0273002
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<br />PERMIT CONDITIONS
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<br />1. General
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<br />a. When the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
<br />incorrect information in an application or in any report to the Executive Director, it shall promptly submit such facts or
<br />information.
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<br />b. This permit is granted on the basis of the information supplied and representations made by the permittee during action
<br />on an application, and relying upon the accuracy and completeness of that information and those representations. After
<br />notice and opportunity for a hearing, this permit may be modified, suspended, or revoked, in whole or in part, in
<br />accordance with 30 TAC Chapter 305, Subchapter D, during its term for good cause including, but not limited to, the
<br />following:
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<br />1. Violation of any tenus or conditions of this permit;
<br />n. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or
<br />111. A change in any condition that requires either a temporary or pennanent reduction or elimination of the authorized
<br />discharge.
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<br />c. The permittee shall furnish to the Executive Director, upon request and within a reasonable time, any information to
<br />determine whether cause exists for amending, revoking, suspending or terminating the permit. The permittee shall also
<br />furnish to the Executive Director, upon request, copies of records required to be kept by the permit.
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<br />2. Compliance
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<br />a. Acceptance of the permit by the person to whom it is issued constitutes aclmowledgment and agreement that such person
<br />will comply with all the terms and conditions embodied in the permit, and the rules and other orders of the Commission.
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<br />b. The permittee has a duty to comply with all conditions of the permit. Failure to comply with any permit condition
<br />constitutes a violation of the permit and the Texas Water Code or the Texas Health and Safety Code, and is grounds for
<br />enforcement action, for permit amendment, revocation or suspension, or for denial of a permit renewal application or
<br />an application for a permit for another facility.
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<br />c. It shall not be a defense for a permittee in an enforcement action thatit would have been necessary to halt or reduce the
<br />penn:1tted activity in order to maintain compliance with the conditions of the permit.
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<br />d. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal or other
<br />permit violation which has a reasonable likelihood of adversely affecting human health or the environment.
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<br />e. Authorization from the Commission is required before beginning any change in the permitted facility or activity that may
<br />result in noncompliance with any permit requirements.
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<br />f. A permit may be amended, suspended and reissued, or revoked for cause in accordance with 30 TAC 99 305.62 and
<br />305.66 and Texas Water Code Section 7.302. The filing of a request by the permittee for a permit amendment,
<br />suspension and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not
<br />stay any permit condition.
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<br />g. There shall be no unauthorized discharge of wastewater or any other waste. For the purpose of this pennit, an
<br />unauthorized discharge is considered to be any discharge of wastewater into or adjacent to water in the state at any
<br />location not permitted as an outfall or otherwise defmed in the Other Requirements section of this permit.
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<br />h. In accordance with 30 TAC ~ 305.535( a), the pennittee may allow any bypass to occur from a TPDES pennitted facility
<br />wInch does not cause permitted effluent limitations to be exceeded or an unauthorized discharge to occur, but only if the
<br />bypass is also for essential maintenance to assure efficient operation.
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<br />1. The pennittee is subject to administrative, civil, and criminal penalties, as applicable, under Texas Water Code 9S 7 .051 -
<br />7.075 (relating to Administrative Penalties), 7.101 - 7.111 (relating to Civil Penalties), and 7.141 - 7.202 (relating to
<br />Criminal Offenses and Penalties) for violations including, but not limited to, negligently or lmowingly violating the
<br />federal Clean Water Act, ~S 301, 302,306,307, 308, 318, or 405, or any condition or limitation implementing any
<br />sections in a permit issued under the CWA S 402, or any requirement imposed in a pretreatment program approved under
<br />the CWA SS 402 (a)(3) or 402 (b)(8).
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