A Step-by-Step Guide

Avoiding TCEQ Fines: Prevent Common Stormwater Violations

From the moment an investigator arrives to responding to a Notice of Violation (NOV), we break down the entire process into a clear, actionable roadmap to minimize risk.

Facing a TCEQ Action?

This guide is your first step. For personalized help with an NOV or NOE, our team of experts can mediate with the agency to ensure a timely and appropriate resolution.

Phase 1: The Arrival & First 30 Minutes

A Guide to Your Actions and Rights

How you handle the initial moments of an inspection is crucial. Professionalism and control are paramount. Your front-office staff should be trained to immediately contact the facility’s designated environmental point person. The TCEQ investigator should be politely greeted and escorted to a conference room or office—never allow an investigator to wander through your facility unescorted. This simple step prevents casual observations from turning into official findings.

Once you meet them, your first actions are critical: Politely ask for credentials, confirm their specific TCEQ division (e.g., Air Quality, Water Quality), and understand the purpose of their visit. Taking a photo of their ID and business card is a standard and reasonable practice for your records. The investigator will then want to hold a brief opening conference. This is your opportunity to establish boundaries, discuss the inspection’s scope, review safety protocols, and designate your team: one qualified employee as the investigator’s official escort and another as a “scribe” to take notes and photos.

Phase 2: The Walk-Through Playbook

A Guide to Your Actions and Rights

Your designated escort must accompany the investigator at all times, while the scribe’s only job is to shadow the group and document everything. This creates a parallel record of the inspection, which can be invaluable later. Following a clear set of dos and don’ts is critical to protecting your interests.

What to DO.

  • Be Cooperative: A professional, courteous attitude fosters a less adversarial process.
  • Take Samples: Insist on your right to take a “split sample.” This allows for independent lab analysis to verify the TCEQ’s findings.
  • Take Photos: Duplicate every photo the investigator takes to provide context and prevent misinterpretation.
  • Keep a Log: Document their path, all questions, and all answers. This log is your official record of the event.
  • Protect Info: Clearly identify and label any Confidential Business Information (CBI) before providing copies.

What NOT to Do

  • Volunteer Info: Only answer specific questions asked. Do not offer excuses or speculate on causes.
  • Lie or Guess: Misrepresenting facts can lead to severe penalties. It’s better to say “I’ll find out” than to provide incorrect information.
  • Sign Blindly: Read any document carefully. You can sign to acknowledge receipt, but add a note that you do not agree with the contents if necessary.
  • Obstruct: Denying access can escalate the situation, leading the investigator to return with an administrative search warrant.

Phase 3: The Path to Resolution

After the Inspector Leaves

What happens after the investigator leaves is just as important as the visit itself. This is where potential violations are formalized and your response strategy becomes critical.

1. The Exit InterviewAt the end of the visit, the investigator will discuss their preliminary findings. This is not an argument; it is your first and best chance to correct any factual misunderstandings before they are committed to a formal report.
2. The Notice of Violation (NOV)If violations are found, the TCEQ will issue an NOV. This is a formal letter detailing the alleged violations. It is not a fine. A timely, thorough, and well-documented response is your best opportunity to prevent escalation.
3. The Notice of Enforcement (NOE)If your response to an NOV is deemed inadequate or violations are severe, the TCEQ may issue an NOE. This is a much more serious document that signifies a formal enforcement action and will likely result in financial penalties.