BOLING — The Texas Commission on Environmental Quality has finalized a $38,500 settlement with Boling Municipal Water District over allegations that the district continued operating its wastewater treatment facility after its state discharge permit expired.
The final agreed order was signed by TCEQ on Aug. 23, 2026, following an enforcement case involving the district’s wastewater treatment facility at 315 Gulf Street in Boling.
According to TCEQ records obtained by Wharton Post, treated wastewater from the facility is discharged to Caney Creek, which ultimately flows into the state-designated segment known as Caney Creek Above Tidal.
The enforcement action does not allege that Boling MWD polluted Caney Creek, exceeded wastewater discharge limits or released untreated sewage. Instead, TCEQ’s allegation centers on the district continuing to operate its wastewater treatment facility without the required authorization after its permit expired.
Permit expired in September 2024
Boling MWD previously operated under Texas Pollutant Discharge Elimination System Permit WQ0010843001.
TCEQ says that permit expired Sept. 12, 2024, and alleges the district continued operating the wastewater treatment facility afterward without maintaining authorization to discharge wastewater into or adjacent to waters of the state.
Boling MWD submitted an application for a new wastewater permit on Jan. 6, 2025.
TCEQ investigated the facility on June 2, 2025, and a notice of enforcement followed on July 28.
For purposes of calculating the penalty, TCEQ counted 11 monthly violation events covering 328 days, beginning when the previous permit expired and continuing through the agency’s Aug. 6, 2025 screening date.
District denies TCEQ allegation
Although Boling MWD agreed to settle the enforcement case, the district did not admit to the alleged violation.
The final order states that the occurrence of any violation remains in dispute and that entering into the agreement does not constitute an admission by the district.
The order further states that Boling MWD “generally denies each allegation” in the case.
The settlement resolves the allegation addressed by the order without the district admitting that a violation occurred.
$38,500 penalty finalized in 2026
TCEQ assessed an administrative penalty of $38,500 as part of the settlement.
Records show the district had paid $875, while another $7,700 is deferred contingent on the district’s timely and satisfactory compliance with the order.
The remaining $29,925 is being paid through 35 monthly installments of $855.
If Boling MWD fully complies with the order, the $7,700 deferred portion will be waived.
However, if the district fails to meet the payment requirements, TCEQ can accelerate the remaining installments, making the unpaid balance immediately due, and can demand payment of some or all of the deferred penalty.
The enforcement matter was published in the Texas Register on July 3, 2026.
The final order was signed by TCEQ on Aug. 23, 2026.
Previous cases increased penalty by $11,000
Boling MWD’s previous compliance history played a significant role in determining the size of the latest penalty.
TCEQ initially calculated a $27,500 base penalty. The agency then applied a 40% compliance-history adjustment totaling $11,000, resulting in the $38,500 final assessed penalty.
TCEQ attributed that increase to two previous agreed enforcement orders containing denials of liability.
One order became effective in May 2023 and involved discharge-monitoring reports for May, June and July 2021 that TCEQ says were not submitted by their required deadlines. An annual groundwater sample analysis report was also submitted late.
A second order became effective in September 2025 and involved annual groundwater-monitoring results for 2022 and 2023 that TCEQ says were not submitted by their required deadlines.
Despite those previous enforcement cases, TCEQ’s compliance history report classified both Boling MWD and the facility as “Satisfactory,” with a rating of 3.07. The district was not classified as a repeat violator.
TCEQ calculated financial benefit from permit delay
TCEQ also estimated the financial effect of the delayed permitting.
The agency estimated that preparing and submitting a permit application and obtaining authorization would cost approximately $25,000.
Using that figure, TCEQ calculated an estimated $2,466 economic benefit associated with the delayed permit costs.
The penalty worksheet also states that 100% of the rule requirements were not met for the authorization violation. That notation relates specifically to the requirement to maintain wastewater discharge authorization and does not mean the treatment facility failed all water-quality or environmental requirements.
New permit application pending
Boling MWD is seeking authorization under a new wastewater permit, WQ0016700001.
While that process continues, the final enforcement order requires the district to follow the limits and conditions contained in its expired permit.
Beginning with the Aug. 23 effective date, those requirements remain in place until Boling MWD obtains authorization to operate or until 300 days after the effective date, whichever comes first.
The district must also respond completely and adequately to TCEQ requests concerning the pending permit application within 30 days, unless the agency establishes another deadline in writing.
By the end of the 300-day period, Boling MWD must submit written certification showing either that it has obtained authorization to operate or that operations have ceased until appropriate authorization is obtained.
Further enforcement possible
The final order also gives TCEQ additional enforcement options if Boling MWD fails to comply.
The agency’s executive director may refer the case to the Texas Attorney General’s Office for further enforcement proceedings if TCEQ determines the district has failed to comply with one or more terms of the agreement.
The order remains in effect for five years from its effective date or until Boling MWD complies with all of its terms and conditions, whichever is later.
The enforcement matter is TCEQ Case No. 68291, Docket No. 2025-1190-MWD-E.
Wharton Post obtained the enforcement and related TCEQ records through a public information request.
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