Many small Texas manufacturers struggle with understanding and managing their TCEQ and environmental compliance obligations. This puts them at risk for major regulatory fines and penalties, not to mention putting their local communities at risk for environmental damage.

Some common environmental compliance requirements for Texas manufacturers include Storm Water permitting, Air permitting and authorizations, Hazardous Waste Management and hazardous materials reporting. Many small Texas manufacturers are totally unaware of these requirements, let alone how to manage them.

 

Here’s a summary of potential environmental fines and penalties that can impact non-compliant Texas companies:

o Civil Fines & Penalties:

  • The maximum penalty for Air Permit, Hazardous Waste Management and Stormwater Permit violations is $25,000 PER DAY, PER VIOLATION FOR ALL DAYS OPERATING OUT OF COMPLIANCE.
  • TCEQ can levy an additional “Economic Benefit” penalty valued at 50% of the total economic benefit gained by the violating company for the entire time period of non-compliance. For example, if a company saved $50,000 per year, over a 5 year period by not being in compliance, a $175,000 fine could be imposed.
  • TCEQ can issue a full fine based upon these guidelines, or can reduce total fines based upon a subjective “minor, moderate or serious harm” determination (ie: 15% for minor, 30% for moderate, etc..)

o Criminal Penalties:

  • Additional criminal/jail time can be assessed to management and ownership who willfully ignore known violations and choose to continue to operate out of compliance.

o Failure to obtain a Stormwater Permit Authorization for this Site

  • Administrative Penalties: $0 – $25,000 per day depending on nature and duration of violation
  • Civil Penalties: $50 – $25,000 per day depending on nature and duration of violation

o Failure to prevent industrial pollutants from entering Stormwater

  • Administrative Penalties: $0 – $25,000 per day depending on nature and duration of violation
  • Civil Penalties: $50 – $25,000 per day depending on nature and duration of violation
  • Fine is assessed based on the number of ‘observed violations’ on the site.

o Failure to obtain/transfer/amend Air Permit Authorization for this Site

  • Administrative Penalties: $0 – $25,000 per day depending on nature and duration of violation
  • Civil Penalties: $50 – $25,000 per day depending on nature and duration of violation

o Unauthorized discharge of air contaminants to atmosphere

  • Administrative Penalties: $0 – $25,000 per day depending on nature and duration of violation
  • Civil Penalties: $50 – $25,000 per day depending on nature and duration of violation
  • Fine is assessed based on the number of ‘observed violations’ on the site.

Worried that your company isn’t compliant with TCEQ and EPA environmental rules and regulations?

Call us 512-457-0374 or CLICK HERE for a free, no-obligation, confidential consultation