Issue Date:
Revised Date: 2023-09-01

Legal Cites

Object Type

Cash — Health

Origin Date

1985 by S.B. 249, 69th Leg., R.S.

Description

Texas Commission on Environmental Quality may assess up to $25,000 for violations of the solid waste disposal act and provisions under its jurisdiction and up to $40,000 for certain violations related to the release of pollutants. Other penalties include:

(1) Penalties between $1,000 and $50,000 for individuals that violate rules and permits related to the transport, storage, disposition, and labeling of hazardous waste. Penalties between $1,000 and $100,000 for individuals that violate rules and permits related to the release and monitoring of hazardous waste. For these same violations, penalties are between $1,000 and $250,000 for those other than individuals. For individuals previously convicted of these violations the penalty is between $1,000 and $100,000. For those other than individuals, penalties are between $2,000 and $250,000 (7.162, 7.163, 7.187).

(2) Penalties assessed against a manufacturer that does not label its computer equipment or covered television equipment or implement a recovery plan may not exceed $10,000 for the second violation or $25,000 for each subsequent violation.  Other penalties for violations of rules and requirements relating to computer and television recycling may not exceed $1,000 for the second violation or $2,000 for each subsequent violation (7.051, 7.052, 7.069). 

(3) Civil penalties for violations of a statute, rule, order, or permit relating to matters within the commission's jurisdiction are between $50 and $25,000 per day. A penalty between $100 and $25,000 may be assessed if the defendant was previously assessed a civil penalty by TCEQ within the year. The first $4.3 million in civil penalties recovered in suits instituted by a county or municipality are equally divided between the state and the county or municipality. Any amounts over $4.3 million are awarded to the state and deposited to General Revenue (7.101 - 7.107).

Penalties for water quality violations are revenue code 3360. Penalties for oil and gas violations are revenue code 3314.

Due Date

As determined by the Commission.

Note

Provisions relating to the division of funds recovered in a suit (Item 3) added by H.B. 2174, 70th Leg., R.S.

Items (1-3) deleted from Health and Safety Code and recodified under the Water Code by S.B. 1876, 75th Leg., R.S.

Item (2) provisions related to computer equipment recycling added by H.B. 2714, 80th Leg., R.S.

Provisions related to television recycling added by S.B. 829, 82nd Leg., R.S.

Division of civil penalties changed by H.B. 1794, 84th Leg., R.S.

$40,000 penalty limit added by S.B. 1397, 88th Leg., R.S.

USAS Values

Appropriation Year 24
USAS Title WASTE DISPOSAL VIOLATIONS
Receipt Category 12 – Health
Receipt Type 25 – Violations, Fines and Penalties
Object Group 30 – Revenues
USAS Status A
Rev/Exp Category 01 – LICENSES, FEES, FINES, AND PENALTIES