TCEQ Inspection and Enforcement of Violations

The Texas Commission on Environmental Quality (TCEQ) conducts inspections of business as a part of its ongoing efforts to "protect" the public from environmental hazards. Inspections generally arise from a regular/random inspection, or in response to a specific complaint or a spill. Inspections are usually unannounced.

TCEQ Rules require investigators to review their inspection findings with the business owner or his representative in an exit interview. During this interview, the investigator will reveal what violations, if any, were found. If the investigator
finds no problems, he or she will issue a letter called a “general compliance letter.”

If a violation is observed, the TCEQ will respond by commencing its “enforcement
process” designed to ensure that your facility complies with Texas and federal environmental law and TCEQ rules. If your facility does not or cannot correct all alleged violations within 14 calendar days (or in serious circumstances such as an actual emission or discharge) the TCEQ will issue a letter called a “notice of violation,” or NOV. The NOV is a formal statement of the specific violations the
investigator found. It will also require certain corrective actions and may ask you to submit a written schedule that shows when and how your business plans to correct each of the alleged violations. If the violations are serious enough, the NOV mandates a schedule you must follow.

You must respond to the NOV in writing before a presecribed deadline. You may also have an attorney respond to the NOV and/or meet with the TCEQ investigator and enforcement staff. If you decide to hire an attorney, be sure to choose one with experience dealing with the TCEQ who is knowledgeable about their process and administrative law, generally.

If you don’t respond to the NOV by the deadline, you will likely forfeit some of your rights under the law and the TCEQ Rules. In many cases, failure to respond will result in the TCEQ commissioners entering a “default order.” The default order could require you to pay a fine—even if you have corrected the violations.

The TCEQ has powerful enforcement powers, and can even resort to judicial enforcement through the civil Courts. In extreme cases, Texas peace officers may even request criminal enforcement review by the TCEQ. If this occurs, the consequences can be dire.

The TCEQ's enforcement process can be overwhelming, but solutions are available, both before and during the formal enforcement process. Payment Plans, deferrals of fines (administrative penalties) and even community environmental projects ("SEP")are often accepted by the TCEQ before and during the enforcement process. However, the key to negotiating a settlement with the TCEQ lies in understanding their enforcement powers and limitations.

If your business has received notice of a violation from the TCEQ, you should act promptly to safeguard your legal rights.