As the new home of TexPIRG's environmental work,
Environment Texas can be contacted with any questions regarding this
news release.
AUSTIN—Use
of mandatory minimum penalties for clean water enforcement in New Jersey led
to a 76 percent drop in violations, according to a
report released by the Texas Public Interest Research Group (TexPIRG).
The report comes just days after the Texas Commission on Environmental Quality
(TCEQ) announced it was considering use of such penalties in its own enforcement
program.
"Polluters in Texas routinely escape punishment, so they go on to break
the law over and over again," said Luke Metzger, TexPIRG Advocate. "Mandatory
minimum penalties are a proven tool to improve compliance with the law. Texas'
environment and public health would benefit significantly from such a policy."
In December, the TCEQ launched a comprehensive review of its enforcement program
and practices. The review came in response to a series of critical reports
by state and federal auditors, non-profit organizations, and academics. An
audit by EPA Region 6 found that almost 90 percent of Texas water polluters
escape any punishment. The state auditor's report agreed that Texas' "enforcement
process does not consistently ensure that violators are held accountable."
On May 7, TCEQ released a list of key issues they were considering, including
the adoption of mandatory minimum fines.
The report documents both New Jersey and California's successful use of mandatory
minimums to dramatically cut illegal water pollution. New Jersey's Mandatory
Minimum Penalty policy went into effect in 1991; in the first full year the
law went into effect, the number of enforcement actions increased 57 percent
and the number of penalties assessed increased 45 percent. Over the next eight
years, as violations declined by 76 percent, the number of enforcement actions
dropped 77 percent and the number of penalties assessed shrank 90 percent.
California's program, started in January 2000, is also already showing clear
marks of success with a 84 percent reduction of violations in clean water
act permits.
TexPIRG pointed out that TCEQ's weak enforcement, in addition to putting the
environment at risk, also contributes to the shrinking state budget. The auditor
found that failure to assess adequate penalties cost the state at least $7
million. Inconsistent enforcement also hurts law-abiding businesses.
"Most Texas businesses take the time and pay the money to stay in compliance
with the law," said Metzger. "Unfortunately, these law-abiding businesses
are put at a disadvantage by the unlevel playing field TCEQ has created. Scofflaws
are profiting off of weak enforcement."
TCEQ is currently accepting public comment on its enforcement review until
May 28. A final decision of reforms is expected by the end of the year.
