Real TCEQ stormwater penalties in Texas (2026)
Four TCEQ orders assessed builders $10,875 to $13,041. Each deferred 20% for settling early.
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Key takeaways
- Four TCEQ agreed orders assessed builders between $10,875 and $13,041. Each deferred 20% for settling early, so the amounts payable were $8,700 to $10,433.
- The orders allege work without coverage or after coverage lapsed, stopped inspections, missing controls and sediment that left the site.
- Each company denied the allegations and agreed to the order.
- The Texas Water Code lets TCEQ assess up to $25,000 a day per violation, and up to $40,000 a day in some cases. Each day of a continuing violation may be a separate violation.
These are the only penalties on this page. Each one is a TCEQ agreed order. Legal maximums are shown separately and are not what was charged.
What did TCEQ actually fine?
| Order | Company and place | Assessed / payable | What the order alleges |
|---|---|---|---|
| 2024-0148-WQ-E | Joe Funk Construction, Inc., Boyd, Wise County | $11,250 / $9,000 | Construction before authorization under TXR150000; sediment discharged into a nearby creek and concrete washout discharged on parts of the site without controls |
| 2024-1114-WQ-E | Richmond American Homes of Texas, Inc., Calumet subdivision, Jarrell, Williamson County | $12,500 / $10,000 | Permit TXR1534JH expired Mar 7, 2023 and the company continued to operate |
| 2023-1035-WQ-E | Canyon Creek Custom Homes LLC, Maypearl, Ellis County | $10,875 / $8,700 | Permit expired Mar 5, 2023 and the company continued to operate; the site had no evidence of control measures |
| 2024-1253-WQ-E | Hedgefield, LLC, Granbury, Hood County | $13,041 / $10,433 | Stopped conducting and documenting inspections after Nov 29, 2023; sediment not removed from an off-site ditch; unstabilized areas lacked erosion and sediment controls; the SWP3 did not include a copy of the permit |
All four orders apply TCEQ's January 2021 penalty policy.
What is the legal maximum?
| Law | Maximum |
|---|---|
| Texas Water Code 7.052(c), TCEQ administrative penalty | $25,000 a day for each violation |
| Same section, in a narrower case | $40,000 a day when there was an actual release above protective levels, a prior penalized violation of the same nature, and the violation could reasonably have been anticipated and avoided |
| Federal Clean Water Act civil penalty | $68,445 per day per violation, for penalties assessed on or after Jan 8, 2025 |
A later yearly adjustment to the federal figure may exist. We did not find one.
What does the permit itself say?
The permit says violations are subject to administrative, civil and criminal penalties under Texas Water Code Chapter 7. False statements in records or certifications are included.
How do I avoid these findings?
The four orders point at the same items the permit asks for: coverage in place before work, controls in place and kept up, and inspections kept and documented.
Read inspection frequency and the one-page checklist.
FAQ
How much does TCEQ fine a builder?
In the four orders we read, $10,875 to $13,041 assessed, and $8,700 to $10,433 payable. Three of the four companies are marked as small businesses.
Is it really $32,500 a day?
We do not repeat that figure. We could not source it. The sourced maximums are the Texas Water Code $25,000 and $40,000 a day and the federal $68,445 a day.
What triggers an order?
All four started with a complaint to TCEQ, followed by an investigation about four weeks later.
Facts and sources
- TCEQ agreed orders by case number, at TCEQ agenda backup: 2024-0148-WQ-E, 2024-1114-WQ-E, 2023-1035-WQ-E, 2024-1253-WQ-E
- Texas Water Code 7.052 (administrative penalty)
- 40 CFR 19.4, civil monetary penalty inflation adjustment
- TCEQ permit TXR150000 (2023), Part VIII.E
- Read Nov 13 2026.
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