Sec. 7.147. UNAUTHORIZED DISCHARGE. (a) A person commits an offense if the person discharges or allows the discharge of any waste or pollutant into any water in the state that causes or threatens to cause water pollution unless the waste or pollutant:
(1) is discharged in strict compliance with all required permits or with a valid and currently effective order issued or rule adopted by the appropriate regulatory agency; or
(2) consists of used oil and the concentration of used oil in the waste stream resulting from the discharge as it enters water in the state is less than 15 parts per million following the discharge and the person is authorized to discharge storm water under a general permit issued under Section 26.040.
(b) An offense under this section may be prosecuted without alleging or proving any culpable mental state.
(c) An offense under this section is punishable for an individual under Section 7.187(1)(B) or Section 7.187(2)(D) or both.
(d) An offense under this section is punishable for a person other than an individual under Section 7.187(1)(C).
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 366 (S.B. 1297), Sec. 1, eff. September 1, 2005.
Structure Texas Statutes
Title 2 - Water Administration
Subtitle A - Executive Agencies
Subchapter E. Criminal Offenses and Penalties
Section 7.142. Violations Relating to Unlawful Use of State Water
Section 7.143. Violation of Minimum State Standards or Model Political Subdivision Rules
Section 7.145. Intentional or Knowing Unauthorized Discharge
Section 7.147. Unauthorized Discharge
Section 7.148. Failure to Properly Use Pollution Control Measures
Section 7.149. False Statement
Section 7.150. Failure to Notify or Report
Section 7.151. Failure to Pay Fee
Section 7.152. Intentional or Knowing Unauthorized Discharge and Knowing Endangerment
Section 7.153. Intentional or Knowing Unauthorized Discharge and Endangerment
Section 7.154. Reckless Unauthorized Discharge and Endangerment
Section 7.155. Violation Relating to Discharge or Spill
Section 7.156. Violation Relating to Underground Storage Tank
Section 7.157. Violation Relating to Injection Wells
Section 7.158. Violation Relating to Plugging Wells
Section 7.159. Violation Relating to Water Wells or Drilled or Mined Shafts
Section 7.160. Violation Relating to Certain Subsurface Excavations
Section 7.161. Violation Relating to Solid Waste in Enclosed Containers or Vehicles
Section 7.162. Violations Relating to Hazardous Waste
Section 7.163. Violations Relating to Hazardous Waste and Endangerment
Section 7.164. Violations Relating to Medical Waste: Large Generator
Section 7.165. Violations Relating to Medical Waste: Small Generator
Section 7.166. Violations Relating to Transportation of Medical Waste
Section 7.167. False Statements Relating to Medical Waste
Section 7.168. Intentional or Knowing Violation Relating to Medical Waste and Knowing Endangerment
Section 7.169. Intentional or Knowing Violation Relating to Medical Waste and Endangerment
Section 7.170. Intentional or Knowing Release of Medical Waste Into Environment and Endangerment
Section 7.171. Reckless Release of Medical Waste Into Environment and Endangerment
Section 7.172. Failure of Sewage System Installer to Register
Section 7.173. Violation Relating to Sewage Disposal
Section 7.1735. Violation Relating to Maintenance of Sewage Disposal System
Section 7.174. Violation of Sewage Disposal System Permit Provision
Section 7.175. Emergency Repair Not an Offense
Section 7.176. Violations Relating to Handling of Used Oil
Section 7.177. Violations of Clean Air Act
Section 7.178. Failure to Pay Fees Under Clean Air Act
Section 7.179. False Representations Under Clean Air Act
Section 7.180. Failure to Notify Under Clean Air Act
Section 7.181. Improper Use of Monitoring Device
Section 7.182. Reckless Emission of Air Contaminant and Endangerment
Section 7.183. Intentional or Knowing Emission of Air Contaminant and Knowing Endangerment
Section 7.1831. Violation of Locally Enforced Motor Vehicle Idling Limitations
Section 7.184. Violations Relating to Low-Level Radioactive Waste
Section 7.185. Knowing or Intentional Unauthorized Disposal of Lead-Acid Batteries
Section 7.1851. Violations Relating to Community Right-to-Know Laws
Section 7.186. Separate Offenses
Section 7.188. Repeat Offenses
Section 7.190. Disposition of Fines
Section 7.191. Notice of Conviction
Section 7.192. Judgment of Conviction
Section 7.195. Summons and Arrest
Section 7.196. Service of Summons
Section 7.197. Arraignment and Pleadings
Section 7.199. Fine Treated as Judgment in Civil Action
Section 7.200. Effect on Certain Other Laws
Section 7.201. Defense Excluded