Houston Illegal Dumping Defense Lawyer
Serving Clients Throughout Texas
In Texas, the Texas Water Code, the Texas Health and Safety Code and a variety of other complicated regulations dictate how solid waste, wastewater, liquid pollutants and other forms of waste may be disposed. The Texas Commission on Environmental Quality (TCEQ) and related agencies enforce these regulations and pursue illegal dumping charges and pollution claims against those who it believes are in violation of the law and have improperly disposed of waste products that are harmful to the environment.
What Are The Consequences For Illegal Dumping?
Illegal dumping charges can range from misdemeanors to felonies, depending on the severity and extent of the alleged offense — typically based on the weight or volume of the allegedly discharged substance. When the charges rise to the felony level, you face significant jail or prison time, hundreds of thousands of dollars in fines and a criminal record that will follow you for years to come.
Companies accused of illegal dumping face not only extensive and extremely invasive investigations from a variety of state agencies, but extraordinary financial penalties and public relations issues that come from these charges.
How Can A Lawyer Help?
By getting a Houston illegal dumping defense attorney — such as me, R. Todd Bennett — involved early, you can protect yourself or your company as you deal with the TCEQ and other agencies. As an experienced defense advocate who formerly served as a prosecutor in Harris County, I understand how to persuade prosecutors to use their discretion in classifying an offense as a misdemeanor or felony to favor individuals and entities that cooperate with the prosecutor’s investigation.
For corporations and other business entities facing charges of illegal dumping, I may be able to have your company accept a penalty in a civil or administrative proceeding instead of facing formal criminal charges.
Defenses Against Illegal Dumping Charges
My familiarity with the regulations, specialized prosecutors, specialized investigators and other aspects of environmental crimes allows me to provide you with the guidance and trusted counsel that you need to level the playing field when under the microscope of a state investigation. This includes helping you understand all of the defenses available to you, such as:
- Your role at the company does not give you responsibility for dumping.
- You were not the one who did the dumping.
- The agencies have you confused with another individual who is responsible for managing waste at the company.
- A different company shares the plant/work site with your company, and it illegally dumped the waste.
- The companies supplying you with materials and other goods are actually creating the waste, not your company, which just develops the finished product.
- Investigators collected insufficient evidence of a violation.
To find out whether these or any other defenses apply to your case and to receive the straightforward answers you need when you are being investigated for illegal dumping in Texas, contact me at 713-489-7763.