Section 69.207 - Administrative Action and Penalties(a) The civil statutes relating to shell dredging authorize the revocation of the permit when the provisions of the permit are not followed. In addition to the maximum penalty of revoking the permit, the director will seek the following administrative action and penalties when a violation occurs or when siltation of a reef is probable.(b) Major violations, except as otherwise provided in subsection (c) of this section are as follows: (1) First violation will result in a one-day suspension of permit.(2) Second violation will result in a five-day suspension of permit.(3) Third violation will result in a ten-day suspension of permit.(4) Four major violations within a one-year period will result in a suspension of the permit for 90 days.(c) Minor violations are as follows:(1) Siltation of exposed reef which is in excess of a trace, as defined, is a minor violation. When traces of silt, as defined in § 69.203 of this title (relating to Definitions), are found on exposed reef, the responsible permittee or permittees, or employee or employees in charge will be notified and requested to either relocate or modify the operation. If the permittee(s) chooses to modify operations and the silt problem continues, the person in charge on board the dredge will again be contacted and directed to shut down immediately and move from the area. Failure to comply with this second request will result in a 30-day suspension of the permit. If siltation greater than a trace, as herein defined, has been or is occurring on exposed reef when first discovered by the department representative, the responsible permittee will be directed to shut down immediately and relocate a minor violation will have been committed. Failure to comply at once will result in a 30-day suspension.(2) Three minor violations within one year are equivalent to one major violation in determining when a permit suspension is in order.(d) All other violations are as follows: (1) The director or director's agent at the scene of the dredging activity has full authority to order an immediate halt to dredging, and to further order, if deemed necessary, that the dredge be moved to another permitted location, at any time when the department representative finds a major or minor violation is taking place, or that there is a reasonable and probable danger of siltation of an exposed reef. Refusal to cease dredging or refusal to move the dredge to a new location, immediately upon the instruction of the department representative in charge, will be a separate major violation of itself equal in seriousness to a third major violation as set forth in subsection (a) of this section and will result in the imposition of a suspension of the permit for 30 days, or, in aggravated cases, at the discretion of the director, in revocation of the permit.(2) In the event a permittee operates more than one dredge, the director may initiate proceedings to revoke or suspend the permit insofar as it applies to the particular offending dredge. However, the director reserves the right to make the suspension or revocation effective as to all dredges of the permittee.(3) At the time an alleged major or minor violation is discovered by the department representative, that representative will give a written notice of the alleged violation to the person in charge of the dredge or other activity resulting in the alleged violation.31 Tex. Admin. Code § 69.207
The provisions of this §69.207 adopted to be effective February 4, 1997, 22 TexReg 959.