Based on (1) the purpose (i.e., "commercial" or otherwise) and (2) the weight or volume of the waste disposed. Section 365.011(3): "'Commercial purpose' means the purpose of economic gain."

Violations detailed in Section 365.012 include (1) disposing or allowing or permitting the disposal of litter or other solid waste at a place that is not a T.C.E.Q.-approved solid waste site; (2) receiving litter or other solid waste at such a site; and, (3) transporting littler or solid waste to an unapproved site.

Penalties for illegal acts not done for commercial purposes
a. Under 5 pounds and under 5 gallons: "C" Misdemeanor
b. 5 to 500 pounds or 5 gallons to 100 cubic feet: "B" Misdemeanor
c. 500 to 1,000 pounds or 100 to 200 cubic feet: "A" Misdemeanor
d. Over 1,000 pounds or over 200 cubic feet: State Jail Felony
e. Any amount of waste in a closed drum or barrel: State Jail Felony

Penalties for illegal acts done for commercial purposes
a. Under 5 pounds and under 5 gallons: "C" Misdemeanor
b. 5 to 200 pounds or 5 gallons to 200 cubic feet: "A" Misdemeanor
c. Over 200 pounds or over 200 cubic feet: State Jail Felony
d. Any amount of waste in a closed drum or barrel: State Jail Felony

Note that many jurisdictions are routinely enforcing these laws at the "A" Misdemeanor and State Jail Felony levels.

a. Each day the waste is dumped does not constitute a separate offense under this statute. However, for purposes of seeking a civil penalty under Texas Water Code 7.102 for civil violation of this statute, each day does constitute a separate violation.
b. Section 365.013 appears to set an "A" Misdemeanor criminal violation for violating a rule adopted under the section. As this would allow inject the threat of criminal prosecution to owners of old dumps who refuse to clean them, it is an important point to be researched. TIDRC has sent an enquiry to the T.C.E.Q. on this point and will post their answer when received.

a. This is the most common anti-dumping law applied in Texas and is very effective when properly used;
b. However, in many jurisdictions county and district prosecutors remain reluctant to aggressively enforce these laws. Consequently, in many parts of Texas peace officers simply file all cases in local JP courts, which significantly reduces the effectiveness of an enforcement program.