Enforcement Diversion Program for Small Businesses and Local Governments

Lawmakers directed TCEQ to establish the diversion program ( Senate Bill 1397 ) during the 88th regular legislative session in 2023.

Program Overview

When TCEQ identifies a small business or local government with eligible violations during an investigation, qualifying facilities are referred to TCEQ’s Small Business and Local Government Assistance (SBLGA) section for assistance. 

• If compliance is achieved for all violations within a specified timeframe, the violations are resolved, and TCEQ does not initiate enforcement.
• If full compliance is not achieved, unresolved violations are referred for further action.

Program Benefits

The program provides:

• resources (developed under Texas Water Code, Section 5.135 )
• compliance assistance training
• on-site technical assistance and training

Also, violations that prompted referral to the program are not subject to enforcement action, including penalties, if the participants successfully complete the program and maintain compliance.

Program Eligibility

SBLGA screens qualifying facilities for eligibility upon receiving a referral. If the facility is eligible, SBLGA contacts the facility directly to discuss participation in the program.

The program is available to:

• small businesses
• local governments 

The program is not available to small businesses or local governments that:

• have committed violations that:
  • result in an imminent threat to public health,
  • are major violations (Title 30, Texas Administrative Code, Section 60.2 ),  
• were enrolled in the program in the two years prior to the date of the violation, or
• are subject to an enforcement action that is required by federal law.

Learn More

TCEQ's Small Business and Local Government Assistance section offers free, confidential help to small businesses and local governments working to follow state environmental regulations. Call us at 800-447-2827 or visit our webpage at TexasEnviroHelp.org .