Penalty Policy

These documents describe the TCEQ's policy on computing and assessing administrative penalties. They do not address when an enforcement action is initiated, but rather how TCEQ staff are to evaluate violations for the purpose of calculating administrative penalties.

Penalty Policy, Sept. 1, 2011 — This is the third revision to the Commission's Penalty Policy and is effective Sept. 1, 2011. All violations that occur on or after this date will be subject to this policy.

Penalty Policy, Sept. 1, 2002 — Violations that occurred or began prior to Sept. 1, 2011, will continue to be subject to this second revision of the Penalty Policy.

Why was the penalty policy revised? House Bill 2694 of the 82nd Legislature required the Commission to revise its Penalty Policy to increase statutorily authorized penalties and to cap the penalty enhancement attributable to compliance history at 100 percent of the base penalty for any individual violation.  After receiving public comment, these and other revisions have been made to the policy.