Texas
Making Polluters Pay!
Taking the Profit Out of Pollution
Numerous studies have demonstrated that fines issued by the Texas Commission on Environmental Quality (TCEQ) to polluters who break the law are too low to act as a deterrant to furthur pollution. The TCEQ is the state agency with the most responsiblity for enforcing environmental laws in Texas. The Governor of Texas, currently Rick Perry, appoints the three commisisoners to the TCEQ.
Data reported to the U.S. Environmental protection Agency (EPA) in the Toxic Release Inventory reveals that Texas consistently leads the nation in the amount of toxics released into our air and water.
In a review of 80 enforcement cases, the Texas State Auditor found in 2004 that polluters derived an economic benefit of $8.6 million by breaking the law, but were fined only $1.7 million by the TCEQ. On average, the report concludes, the economic benefit of polluting is more than five times as high as the penalties imposed by the TCEQ (Source: State Auditor's Report on The Commission on Environmental Quality's Enforcement and Permitting Functions for Selected Programs, December 2003, p. 29).
Weak enforcement encourages pollution, deprives the state of critical revenue and puts law-abiding businesses at a competitive disadvantage. Low fines lead to continued violations.
This chart shows three actual examples of fines first assessed against polluters by the TCEQ and the amount the TCEQ ultimately required them to pay. Fines are routinely waived on grounds that the violators cannot afford to pay the penalty and stay in business. In total, these three penalties were reduced by $161,570.
Clean Water Action and our allies in the Alliance for a Clean Texas are lobbying the Texas Legislature to take steps to require that the fines assessed by the TCEQ are as least as high as the economic benefit gained by breaking the law.
Take Action!
Write your elected officials and demand that they make polluters pay!
Please write a letter to Governor Rick Perry, Lt. Governor David Dewhurst, your State Representative and your State Senator urging them to increase fines against law-breaking polluters.
