Water Pollution

Water Pollution Laws and Penalties in Texas

In Texas, water pollution is addressed under various statutes, primarily within the Texas Water Code. Violations can lead to both civil and criminal penalties, depending on the nature and severity of the offense.

Unauthorized Discharge into State Waters

Under Texas Water Code §7.147(a), it is an offense to discharge or allow the discharge of any waste or pollutant into state waters that causes or threatens to cause pollution, unless done in strict compliance with all required permits or orders issued by the appropriate regulatory agency.(TCEQ)

• Penalty: Class A misdemeanor.

  • Individual: Fines ranging from $1,000 to $50,000 and/or up to 1 year in jail.(Brazos Valley )

  • Corporation: Fines ranging from $1,000 to $100,000.

This statute emphasizes the importance of adhering to environmental regulations to protect water quality.

Discharge from Point Sources

According to Texas Water Code §7.145, discharging waste or pollutants from a point source into or adjacent to state waters without proper authorization is prohibited.(TCEQ)

• Penalty: State jail felony.(Midland County)

  • Fines: Up to $10,000.

  • Imprisonment: Up to 2 years in state jail.

This provision targets more severe violations, particularly those involving deliberate or negligent discharges from identifiable sources.

Specific Offenses and Penalties

• Lead Acid Batteries: Dumping lead acid batteries is a criminal offense under Texas Water Code §7.185, punishable by up to 1 year in jail and a $4,000 fine.(Midland County)

• Used Motor Oil: Disposing of used motor oil improperly is a felony offense under Texas Water Code §7.176, punishable by up to 2 years in state jail and/or a $10,000 fine.(Midland County)

These specific offenses highlight the state’s commitment to regulating hazardous materials to prevent water contamination.

Recent Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ) actively enforces water pollution laws. For instance, in February 2025, TCEQ approved penalties totaling $742,423 against 49 regulated entities for various environmental violations, including water quality issues .(TCEQ)

Additionally, a property owner in Comal County was fined $16,000 for initiating construction within the Edwards Aquifer’s recharge zone without the required environmental protection permits, highlighting the state’s proactive approach to safeguarding water resources .(San Antonio Express-News)

Texas enforces stringent laws to prevent water pollution, with penalties ranging from fines to imprisonment, depending on the offense’s severity. Individuals and entities are encouraged to comply with all environmental regulations to avoid legal consequences and contribute to the protection of the state’s water resources.