Z - Here's a real life comparison. In the early days of frac'ng in PA and NY it wasn't legal for the COMPANIES to dump frac fluid into the streams. But municipal treatment centers were exempt. So companies hauled the frac fluids to a MTC and paid a very small fee to dump it there. The frac fluids would go thru the MTC which did nothing to lower the toxicity and then pump it into the streams. Eventually this was vaulted but only after PA and NY passed laws making it illegal.
Now let's go to La. If I drill a well in a designated "wetlands" are area I have to get an additional permit from the US Corps of Engineers. The COE is the only fed agency that has authority. The state controls everything else. One rule: I have to surround the drill site with a "ring dike"...a pile of dirt about 2' high. And if tytyhe location gets a lot of rain while I'm drilling it gets trapped inside the ring dike. I can't just can't pump over the dike into the wetlands area: I have to bring in trucks and haul it to a certified disposal company. A lot more expensive then pumping it over the dike.
Sure, can always try to cheat...it's only rainwater. But get caught and the penalties are very severe. And unlike the EPA both Texas and La have inspectors sneaking around watching you. And other oil patch hands watching also:
twice in Texas the Rockman helped bust two illegal dumpers. Why? The Rockman's 16 yo daughter drinks from a shallow water well every day. Just like the families of many oil field hands.