Natural Resources Advisory Committee

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Sherman, Texas
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Texas Criminal Environmental Laws

Note that in addition to the criminal penalties shown, most of these violations are also subject to administrative and civil penalties of up to $10,000 and $25,000 per day respectively, to be applied by TCEQ. In addition to criminal charges, local jurisdictions may sue civilly for most of these violations. Local governments winning civil suits can retain up to 75% of the civil judgment awarded. See the first part of Texas Water Code, Chapter 7, Subchapter E for the relevant provisions.

Those interested in crimes covered by Chapter 7 of the Texas Water Code would be well advised to consider 7.068 of that statute. In its current form it reads, "Payment of an administrative penalty (sic: to the TCEQ) under this statute is full and complete satisfaction of the violation for which the penalty is assessed and precludes any other civil or criminal penalty for the same violation." An attempt to alter this provision, in the form of SB1309, failed to become law in the 76th Texas Legislature.

The red captions are external sites where the Texas statute is given in full.
Law	Description	Penalty to Individual
H & S 341: Minimum Standards of Sanitation and Health Protection Measures
H & S 341	Various sanitation violations	To $10 to $200 [First]; $10 - $1000 + 30 days [Subsequent]
Note: each day of offense is a separate violation

H & S 343: Abatement of Public Nuisances
H & S 343	Various nuisance violations, including abandoned vehicles, weeds and unsound structures in unincorporated area of any size county [Note that the 76th Legislature removed previous 125,000 population requirement]	$50 - $200 [First]; $200 - $1,000 + 6 mos. [Subsequent]
Note: each day of offense is a separate violation
Changes for H & S 365.012 as of September 1, 2001
H & S 365: Texas Litter Abatement Act
H & S 365.012	Depositing, hauling, receiving litter or solid waste at any unpermitted place:
	a) Under 5 pounds or 5 gallons	To $500 fine ["C"]
	b) 5 to 500 pounds / 5 gallons to 100 cubic ft	$2,000+180 days ["B"]
	c) Over 500 pounds or 200 cubic feet	$4,000+1 year ["A"]
	d) Over 5 to 200 pounds or has a volume of over 5 to 200 gallons but less than 200 cubic feet to for commercial purposes	$4,000+1 year ["A"]
	e) Over 1,000 pounds or a volume of 200 cubic feet or more, is disposed of for a commercial purpose and weighs 200 pounds, or more or has a volume of 200 cubic feet or more, or, is contained in a closed barrel or drum	State Jail Felony

Texas Water Code, Chapter 7, Subchapter E (water, air, and land crimes)
TWC 7.143	Violation of minimum state standards or model political subdivision rules	To $4,000 + 1 year
TWC 7.144	Violation relating to weather modification	To $1,000 + 30 days
TWC 7.145	Intentional or knowing unauthorized discharge [into / adjacent to water]	$1,000 to $100,000 + 1 year
TWC 7.146	Discharge from point source	$1,000 to $100,000 + 1 year
TWC 7.147	Unauthorized discharge	$1,000 to $50,000 + 1 year
TWC 7.148	Failure to properly use pollution control measures	$1,000 to $100,000 + 1 year
TWC 7.149	False statement	$1,000 to $100,000 + 1 year
TWC 7.150	Failure to notify or report	$1,000 to $100,000 + 1 year
TWC 7.151	Failure to pay fee	To twice the amount of fee; 90 days confinement
TWC 7.152	Intentional or knowing unauthorized discharge and knowing endangerment	$1,000 to $250,000 + 10 years
TWC 7.153	Intentional or knowing unauthorized discharge and endangerment	$1,000 to $250,000 + 5 years
TWC 7.154	Reckless unauthorized discharge and endangerment	$1,000 to $100,000 + 1 year
TWC 7.155	Violation relating to discharge or spill	To $4,000 + 1 year
TWC 7.156	Violation relating to underground storage tank	To $4,000 + 1 year
TWC 7.157	Violation relating to injection wells	$1,000 to $50,000
TWC 7.158	Violation relating to plugging wells	To $1,000
TWC 7.159	Violation relating to water wells or drilled or mined shafts	$1,000 to $50,000
TWC 7.160	Violation relating to certain subsurface excavations	$1,000 to $50,000
TWC 7.161	Violation relating to solid waste in enclosed containers or vehicles	To $2,000 + 180 days
TWC 7.162(a)(1)	Violations relating to hazardous waste: transport	$1,000 to $50,000 + 10 years
TWC 7.162(a)(2)	Violations relating to hazardous waste: storage	$1,000 to $50,000 + 10 years
TWC 7.162(a)(3)	Violations relating to hazardous waste: misrepresentations and false statements	$1,000 to $50,000 + 2 years
TWC 7.162(a)(4)	Violations relating to hazardous waste: paperwork	$1,000 to $50,000 + 2 years
TWC 7.162(a)(5)	Violations relating to hazardous waste: no manifest	$1,000 to $50,000 + 2 years
TWC 7.162(a)(6)	Violations relating to hazardous waste: not using required pollution control devices / practices	$1,000 to $100,000 + 1 year
TWC 7.162(a)(7)	Violations relating to hazardous waste: release	$1,000 to $100,000 + 1 year
TWC 7.162(a)(8)	Violations relating to hazardous waste: failure to notify or report	$1,000 to $100,000 + 1 year
TWC 7.163(a)(1)	Violations relating to hazardous waste and endangerment (knowing endangerment)	$2,000 to $500,000 + 15 years
TWC 7.163(a)(2)	Violations relating to hazardous waste and endangerment (reduced level of knowledge)	$1,000 to $250,000 + 5 years
TWC 7.163(a)(3)	Violations relating to hazardous waste and endangerment (knowing release)	$1,000 to $250,000 + 5 years
TWC 7.163(a)(4)	Violations relating to hazardous waste and endangerment (reckless release)	$1,000 to $100,000 + 1 year
TWC 7.164	Violations relating to medical waste: LARGE quantity generators	$1,000 to $50,000 + 10 years
TWC 7.165	Violations relating to medical waste: SMALL quantity generators	To $1,000
TWC 7.166	Violations relating to transportation of medical waste	$1,000 to $50,000 + 1 year
TWC 7.167	False statements relating to medical waste	$1,000 to $50,000 + 1 year
TWC 7.169	Intentional or knowing violation relating to medical waste and endangerment	$1,000 to $250,000 + 5 years
TWC 7.170	Intentional or knowing release of medical waste into environment and endangerment	$1,000 to $250,000 + 10 years
TWC 7.171	Reckless release of medical waste into environment and endangerment	$1,000 to $250,000 + 1 year
TWC 7.172	Failure of sewage system installer to register	To $500 ["C"]
TWC 7.173	Violation relating to sewage disposal near international border	To $500 ["C"]
TWC 7.174	Violation of sewage disposal system permit provisions	To $500 ["C"]
TWC 7.176	Violations relating to the handling of used oil	$1,000 to $50,000 + 5 years
TWC 7.177	Violations of Clean Air Act (including violations of Outdoor Burning Rules)	$1,000 to $50,000 + 180 days
TWC 7.178	Failure to pay fees under Clean Air Act	To twice the amount of fee; 90 days confinement
TWC 7.179	False representation under Clean Air Act	$1,000 to $100,000 + 1 year
TWC 7.180	Failure to notify under Clean Air Act	$1,000 to $100,000 + 1 year
TWC 7.181	Improper use of monitoring device (air)	$1,000 to $100,000 + 1 year
TWC 7.182	Reckless emission of air contaminant and endangerment	$1,000 to $250,000 + 5 years
TWC 7.183	Intentional or knowing emission of air contaminant and endangerment	$2,000 to $500,000 + 5 years
TWC 7.184	Violations relating to radioactive waste	To $4,000 + 1 year ["A"]
TWC 7.185	Knowing or intentional unauthorized disposal of lead-acid batteries	To $4,000 + 1 year ["A"]

Agriculture Code
AG 76.201	Pesticides offenses (handling, storage, etc)	To $4,000 + 1 year ["A"]

Texas Asbestos Health Protection Act
Vernon's 4477-3a	Asbestos violations (unlicensed removal, etc)	To $20,000

H & S 501: Hazardous Substances
H & S 501.035	Mishandling of hazardous substances	To $2,000 + 180 days

H & S 502: Hazard Communication Act
H & S 502.016	False MSDS information dissemination	To $10,000 per violation

H & S 505: Manufacturing Facility Community Right-To-Know Act
H & S 505.014	False information dissemination	To $25,000

H & S 506: Public Employer Community Right-To-Know Act
H & S 506.016	Violations of occupational right-to-know hazards	To $25,000

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Copyright 1999, 2000 Texoma Council of Governments
Last updated: 11/22/06