Criminal penalties are greater for violations of most of the provisions of this statute than for violations of the Texas Litter Abatement Act (H&S Chapter 365). Crimes covered by this law include dumping into water, hazardous waste dumping, medical waste dumping, and the dumping of waste motor oil and lead-acid batteries. Penalties for violating Sections 7.143 through 7.185 range to confinement of 30 years and fines of $1,000,000 or more.

The criminal statute covering violations of the Texas Outdoor Burning rule [30 Texas Administrative Code Chapter 111(b)] is also found in this statute at Section 7.177. In addition to being an administrative violation [regulated by the state], it is a crime [enforced by local entities] to violate the Outdoor Burning Rule, punishable for an individual by fines of $1,000 to $50,000 and up to six months in jail.

Local governments may retain up to 75% of fines collected under this statute (Section 7.190].

Some of the more used provisions include:

• Sec. 7.145 Intentional or Knowing Unauthorized Discharge, covering intentional or knowing discharge of pollutant into or adjacent to water in the state without a permit [$1,000 to $50,000 and/or up to 5 years confinement];
  
• Sec. 7.147 Unauthorized Discharge, covering discharge of pollutant directly into water without the requirement to show mental culpability [$1,000 to $50,000 and/or up to 1 year confinement];
  
• Sec. 7.176 Violations Relating to Handling of Used Oil, covering dumping used oil onto ground, into water, or any other introduction into the environment [$1,000 to $50,000 and/or up to 5 years confinement];
  
• Sec. 7.177 Violations of Clean Air Act, covering a series of technical permit violations as well as establishing criminal culpability for violating any rule promulgated under the Texas Clean Air Act, such as the Texas Outdoor Burning rule [$1,000 to $50,000 and/or up to six months confinement];
  
• Sec. 7.182 Reckless Emission of Air Contaminant and Endangerment, covering reckless outdoor burning and other air polluting that places another individual "in imminent danger of death or serious bodily injury" [$1,000 to $250,000 and/or up to 5 years confinement];
  
• Sec. 7.183 Intentional or Knowing Emission of Air Contaminant and Endangerment, covering intentional or knowing outdoor burning and other air polluting that places another individual "in imminent danger of death or serious bodily injury" [$1,000 to $500,000 and/or up to 5 years confinement]; and,
  
• Sec. 7.185 Knowing or Intentional Unauthorized Disposal of Lead-Acid Batteries, covering the dumping of car, boat, motorcycle and other lead-acid batteries [Up to $4,000 and/or up to 1 year confinement for each battery].

a. Each day of violation does constitute a separate offense under this statute [Section 7.186].
b. It is not a defense that the accused did not know of or was not aware of a rule, order, or statute [Section 7.201].
c. Holding a permit for an action does not relieve the holder from penalties for violations under this law [Section 7.255]. However, peace officers as defined under the Code of Criminal Procedure must submit cases criminal cases to the T.C.E.Q. for review prior to filing with local prosecutors, in cases where the accused has a permit from the T.C.E.Q. and the violation occurs in an area related to the purpose for which the permit was issued [Section 7.203]. This gives the T.C.E.Q. the opportunity to handle the violation administratively or criminally where permit holders are involved. Upon notice or the passing of 45 days, local criminal prosecution may proceed. Note that this provision is widely seen as contradicting the duties and rights of local prosecutors to enforce Texas criminal laws and may eventually be tested in the courts.
d. Payment of an administrative penalty constitutes full and complete satisfaction of civil and criminal charges for the same violation. [Section 7.068]. While it is unlikely that a target of a state-level criminal investigation by T.C.E.Q. Special Investigations could avoid successful prosecution by paying an administrative fine to the agency during the criminal investigation, it is very likely that this situation could occur when the prosecution is by a local jurisdiction. A good practice is, when investigating and prosecuting criminal cases locally, to watch the weekly publications of Proposed Enforcement Orders published by the T.C.E.Q. each Friday in the Texas Register. Should a target of a local criminal case appear as being in the process of negotiating the payment of an administrative penalty to T.C.E.Q., call the administer listed in the notice immediately and attempt to have the administrative penalty process put on hold until the criminal case is complete. If this call is unsuccessful, attempt to work with T.C.E.Q. Special Investigations at 512/239-3405 to the same end.

a. Certain sections of this law are increasingly used by local law enforcement to supplement the Texas Litter Abatement Act.
b. Note the use of Sections 7.182 and 7.183 to handled the worst outdoor burning cases. These sections are complete in themselves and do not require any reference to the Texas Outdoor Burning rule, which is sometimes confusing. If outdoor burning takes place in such a way that some one is harmed or threatened to be harmed, these two sections should be consulted. The one having the lowest level of mental culpability to be proven (i.e., "reckless" action) is Section 7.182. It carries significant felony penalties and should constitute the first level of local control of illegal burning.