BASTROP COUNTY, Texas (KXAN) — The Boring Company received three violations — two moderate and one minor — from the Texas Commission on Environmental Quality for its Bastrop facility, according to TCEQ records.

The violations are for the company’s stormwater permit, which was issued in April 2022, according to TCEQ. Three violations were reported in October 2022, investigated in November and the violation notice was posted March 28.

KXAN has reached out to The Boring Company for comment but has not yet received a response. The article will be updated if a statement is received.

Elon Musk’s The Boring Company makes “safe, fast-to-dig, and low-cost transportation, utility, and freight tunnels,” according to its website.

The violations were for “failure to design, install, and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants,” “failure to post a TCEQ Large Construction Site Notice in a location where it is readily available for viewing by the general public, local, state, and federal authorities” and “failure to provide knowledgeable personnel to conduct site inspections.” The first two violations are considered “moderate” harm, and the third is “minor.”

The Boring Company had two more now-resolved violations in 2022 for “untreated wastewater flowing from site onto the public road drainage,” the complaint said. It was reported in April 2022, investigated in May and cited in June. Each was considered a “major” harm violation.

The Boring Company is seeking a wastewater permit to dump thousands of gallons of wastewater in the Colorado River and onto its own land.

In July 2022, Gapped Bass LLC, an entity affiliated with the Boring Co., submitted a permit application with the TCEQ to dump 142,500 gallons of treated wastewater directly into the Colorado River below Lady Bird Lake. The water treatment facility on the company’s property would serve a “tunnel boring equipment manufacturing and testing facility with on-site residences,” according to a notice from TCEQ.

Neighbors and city leaders raised concerns about the permit at a March meeting.

How are TCEQ violations measured?

TCEQ said harm levels are considered minor, moderate or major depending on the release or potential release of pollutants. They also are measured in actual release or potential release.

Here is how TCEQ defines each level:

  • Major harm is when human health or the environment is exposed to pollutants that exceed or would exceed levels protective of human health or environmental receptors
  • Moderate harm is when human health or the environment is exposed or could be exposed to significant amounts of pollutants that would not exceed levels.
  • Minor harm is when human health or the environment is exposed or could be exposed to insignificant amounts that do not exceed levels.