At Hilder & Associates, P.C., we know how aggressively federal and state regulators pursue violations of the Clean Water Act. In Texas, where energy, petrochemical, and agricultural industries play a significant role in the economy, enforcement is rigorous.
Businesses and individuals facing Clean Water Act allegations risk not only civil penalties but also criminal prosecution. If you or your company is under investigation, call (713) 655-9111 today for a confidential consultation with our Houston environmental defense attorneys.
Understanding the Clean Water Act
The Clean Water Act (CWA) is a federal law designed to regulate the discharge of pollutants into U.S. waters and to maintain water quality standards. It applies to rivers, lakes, bays, wetlands, and other navigable waters. The law requires permits for discharges, sets limits on pollutants, and holds individuals and companies accountable for violations.
In Texas, enforcement often involves collaboration between the Environmental Protection Agency (EPA), the Department of Justice (DOJ), and the Texas Commission on Environmental Quality (TCEQ). These agencies investigate alleged discharges, falsified records, and failures to obtain proper permits.
Common Types of Clean Water Act Violations
Several activities can lead to CWA allegations in Texas:
- Unauthorized discharges — releasing oil, chemicals, or other pollutants into waterways without a permit.
- Stormwater violations — failure to comply with runoff control requirements at construction or industrial sites.
- Wastewater mismanagement — inadequate treatment of industrial or municipal wastewater before discharge.
- Oil and chemical spills — accidental or intentional releases of hazardous substances into rivers, bays, or the Gulf of Mexico.
- False reporting — providing inaccurate monitoring data or failing to report discharges as required.
While some violations stem from intentional misconduct, others occur because of equipment failure, human error, or lack of awareness of regulatory requirements. Regardless, regulators often treat them seriously.
Penalties for Clean Water Act Violations
Consequences vary depending on the severity and intent of the violation. They may include:
- Civil fines that can reach tens of thousands of dollars per day, per violation.
- Restitution and cleanup costs for environmental damage.
- Criminal charges, especially for intentional discharges, falsified records, or repeat offenses.
- Imprisonment for individuals found personally responsible for serious or willful violations.
The reputational harm can also be significant, as CWA enforcement actions are often reported publicly, affecting businesses and professional careers.
Defense Strategies and Legal Guidance
When facing Clean Water Act allegations, immediate legal representation is essential. Defense strategies may include:
- Challenging whether the waterway in question falls under federal jurisdiction;
- Demonstrating compliance with permits or industry standards;
- Disputing the accuracy of testing or monitoring data;
- Exposing procedural errors in the investigation.
At Hilder & Associates, P.C., we work closely with experts in engineering, environmental science, and compliance to develop strong defenses. Our environmental defense lawyers understand the complexity of CWA cases and the importance of protecting both corporate interests and individual liberty.
Call Our Houston Environmental Defense Attorneys Today
If you or your company is accused of violating the Clean Water Act in Texas, you need experienced counsel who understands both the law and the science behind environmental enforcement. At Hilder & Associates, P.C., we stand ready to defend your rights and guide you through every stage of the process. Call (713) 655-9111 or contact us online to schedule a confidential consultation today.
