HomeMy WebLinkAboutStorm Water Pollution Prevention PlanStorm Water Pollution Prevention Plan
for
Tower Point Infrastructure Development
College Station, Texas
Prepared for:
Weiner Development Corporation
Prepared by:
Walter P. Moore & Associates, Inc.
920 Main Street, 101h Floor
Kansas City, Missouri 65104
September 21 , 2009
INTERIM REVIEW ONLY
Document Incomplete: Not intended
for permit or C()nstruclion.
E11gineer: KEVIN P <;;LJLLIVAN, P,E,
P.E. Serial No.: ..... 1 ..... 0'-"'2~4,__,1__,,9'-----
Date: 09-21-09
Wolter P. Moore and Associates, inc.
TBPE firm Registration No. 1856
(. ....
Table of Contents
1.0 Storm Water Pollution Prevention Plan (SWPPP) Overview .................................. 1
1 .1 Introduction 1
1 .2 SWPPP Content 1
1.3 SWPPP Posting Requirements 2
2.0 Storm Water Pollution Prevention Plan Coordinator .............................................. 2
2 .1 Definition 2
2 .2 SWPPP Coordinator Responsibilities 2
2.3 Storm Water Pollution Prevention Plan Implementation 2
3.0 Project Description ................................................................................................. 3
3 .1 Facility Map and Outfall Information 3
3 .2 Existing Conditions 3
3.3 Proposed Site Conditions 3
4 .0 Identification of Potential Storm Water Contaminants ............................................ 4
4.1 Land Disturbance 4
4.2 Construction Vehicle Access 4
4.3 Topsoil Material, Excavated Material and Borrow Material Storage Stockpiles 4
4.4 Construction Materials Storage 4
4 .5 Sanitary Sewage 4
Table of Contents TC-1
.> -
4.6 Non-Storm Water Discharges 4
4. 7 Prohibited Activities and Prohibited Discharges 5
5.0 Best Management Practices .................................................................................. 5
5.1 Temporary BMPs 6
5.2 Permanent BMPs 12
6.0 Site Management Best Management Practices ................................................... 13
6.1 Introduction 13
6.2 Solid and Hazardous Waste Management 13
6.3 Sanitary Sewerage Waste 13
6.4 Construction Material Storage 13
6.5 Construction Equipment Fueling 13
7.0 Inspections ........................................................................................................... 13
7.1 Introduction 13
7 .2 Inspections 14
7.3 SWPPP Amendment 14
7.4 Record Keeping 14
8.0 Appendix .............................................................................................................. 16
Table of Contents TC-2
1.0 Storm Water Pollution Prevention Plan (SWPPP) Overview
1 .1 Introduction
This Storm Water Pollution Prevention Plan (SWPPP) has been prepared for the
Tower Point Infrastructure Development project located in College Station Texas.
This SWPPP has been prepared in general conformance with the requirements
of the Texas Commission on Environmental Quality (TCEQ) Texas Pollutant
Discharge Elimination Systems (TPDES) Construction Storm Water General
Permit (TXR 150000).
The purpose of this SWPPP is to aid in the implementation, management, and
maintenance of Best Management Practices (BMPs) during construction
activities so as to minimize erosion, reduce the amount of sediment in storm
water runoff, comply with the Texas Surface Water Quality Standards, and
ensure compliance with the provisions of the aforementioned General Permit.
Th is SWPPP consists of this narrative plan, the accompanying exhibits included
in the appendices, and the construction documents pertaining to temporary
erosion and sediment control for this project.
1 . 2 SWPPP Content
This Storm Water Pollution Prevention Plan:
Identifies the SWPPP Coordinator and describes the Coordinator's duties
and responsibilities.
Describes the general nature of the project.
Identifies potential storm water contaminants.
Describes individual Best Management Practices that are to be used to
control erosion and prevent sediment from leaving the construction site
including a physical description of each BMP, site conditions which must
be met for effective use of each BMP, the installation and construction
procedures for each BMP, and the operation and maintenance
procedures for each BMP.
Presents a plan for implementation of controls.
Describes inspection, maintenance, record-keeping, and reporting
requirements.
Describes provisions for amendment of this SWPPP.
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College Station, Texas SWPPP 1
1.3 SWPPP Posting Requirements
A copy of this SWPPP, together with all amendments, shall be maintained at the
Project site at all times.
2.0 Storm Water Pollution Prevention Plan Coordinator
2. l Definition
The Contractor, acting on behalf of the Owner, is the SWPPP Coordinator.
2.2 SWPPP Coordinator Responsibilities
The Contractor, as SWPPP Coordinator, has operational control of the
construction site and all construction activities. The SWPPP Coordinator's
responsibilities include:
Planning and scheduling all construction activities.
Coordinating and implementing the SWPPP, including planning and
implementing appropriate storm water pollution prevention controls
consistent with construction activities.
Providing experienced personnel trained in installing and maintaining
BMP's required for adequate control measures related to those potential
contaminants.
Installation of storm water pollution prevention control measures.
Inspecting and monitoring storm water pollution prevention control
measures.
Reporting
Documentation
Preparing and documenting amendments to the SWPPP as necessary.
Compliance with the provisions of the General Permit.
2.3 Storm Water Pollution Prevention Plan Implementation
The plan for implementation of storm water pollution prevention controls as
outlined in Section 5.0 of this SWPPP represents the minimum controls believed
necessary.
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College Station, Texas SWPPP 2
The Contractor is solely responsible for the means and methods necessary for
construction of the Project, for scheduling and sequencing the construction
activities, and for implementing all necessary storm water pollution prevention
controls that adequately respond to the conditions of construction as those
conditions vary throughout the duration of construction.
3.0 Project Description
3. l Facility Map and Outfall Information
The site is located is at approximately Latitude 30° 33' 31 " N and Longitude -96°
15' 40" W determined using the USGS website (http://www.usgs.gov/). The site
is located in the Wellborn SE Quadrangle Brazos County, Texas as indicated on
the partial 7.5 USGS Quadrangle Map included in the Appendix as Exhibit 1.
Storm water runoff is discharged from the site to the outfall located in the
Wellborn Quadrangle Brazos County Texas as indicated on the partial 7.5 USGS
Quadrangle Map in the Appendix as Exhibit 2. This outfall is a branch of Spring
Creek which is a branch of the Navasota River.
3.2 Existing Conditions
The site of the project is located approximately at the west corner of the
intersection of Highway 6 and Highway 40 in College Station, Texas. The site is
bounded by Highway 6 to the north, Highway 40 to the east and private
development to the south and west.
The project size is approximately 32 acres in size and is currently not developed.
The site consists of primarily rocky soil with minimal vegetation.
3. 3 Proposed Site Conditions
Proposed development is to consist of a commercial retail shops with associated
parking, drives, sidewalk, and landscaping. This SWPPP document is limited to
mass grading operations for this future development and the construction of
adjacent public infrastructure to serve this development. The public
infrastructure being constructed consists of new public roadways, public water
mains, public storm sewer systems, and public sanitary sewer systems.
Tower Point Infrastructure Development
College Station, Texas SWPPP 3
•
4.0 Identification of Potential Storm Water Contaminants
4.1 Land Disturbance
Site Clearing and stripping operations necessary to construct the Project as well
as mass grading operations present the potential for erosion of exposed soil
material and the transport of sediment from the construction site.
4.2 Construction Vehicle Access
Access to and from the site by construction vehicles is a source of potential
storm water contamination and adequate measures should be taken to prevent
tracking of soil material from the site onto adjacent streets and roads.
4.3 Topsoil Material, Excavated Material and Borrow Material Storage Stockpiles
The storage of topsoil material, material from excavations, and borrow material
from off-site must be managed to prevent contamination of storm water runoff.
4.4 Construction Materials Storage
Construction materials shall be properly stored so as to prevent contact with
storm water. Such materials may include, but not necessarily limited to :
Vehicle fluids such as fuel, oil, grease, and coolants
Aggregate base materials
Fly ash
Joint sealant compound
Concrete curing compounds
Paint
Solvents, thinners, and acids
Mortar mixes
Landscaping materials
Fertilizers, herbicides, and pesticides
Treated lumber
Asphalt materials
Waste, debris, and general litter
4.5 Sanitary Sewage
Portable toilets must be provided .
4.6 Non-Storm Water Discharges
Non-storm water discharges from the construction site with contamination
potential include:
Flushing of hydrants and potable water lines
Water without additives or detergents used for cleaning
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College Station, Texas SWPPP 4
Irrigation to establish vegetation
Discharge of uncontaminated groundwater
4. 7 Prohibited Activities and Prohibited Discharges
The General Permit does not authorize, and prohibits, certain activities and
discharges. Refer to the General Permit included in the Appendix for additional
detail.
The discharge of sewage, pollutants, or wastewater including:
Hazardous substances or oil from an on-site spill of improper handling
and disposal practices
Wash and I or rinse water containing cleansers, detergents, solvents, or
additives
Wash and I or rinse water from concrete or mortar mixing equipment,
including ready mix concrete trucks
Contaminated groundwater
Wastewater, including gray waters
are prohibited.
5.0 Best Management Practices
During the progress of construction certain Best Management Practices are to be
utilized as set forth herein and as required by the project's construction
documents.
The BMPs described in the following pages represent those practices which have
been identified as being required at some point during the construction process.
The BMPs described in the following pages do not necessarily represent all of
the BMPs that may be required. Depending on the Contractor's execution of
construction of the Project, additional BMPs not described in this Section may be
necessary in order to respond to the conditions experienced.
When additional BMPs are required, the Contractor shall amend this SWPPP, in
part, by supplementing this Section with descriptions of the additional BMPs.
For each BMP, the information on the following pages provided by narrative and
by graphical representation and notes:
A physical description of the BMP
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College Station, Texas SWPPP 5
'
The site and physical conditions for effective utilization
Installation and construction procedures
Operation and maintenance practices
The BMPs described in this section are of two types: temporary and permanent.
The locations of the temporary BMPs and when in relation to construction , the
temporary BMPs to be installed are indicated on the Erosion and Sediment
Control Plan and associated details sheets included in the project's construction
documents. These drawings are included herein in a reduced format for
reference.
The locations of the permanent BMPs and when in relation to construction , the
permanent BMPs are to be installed as described earlier in this section and are
also indicated in the project's construction documents. A reduced copy of a
drawing indicating the location of the permanent BMP is included herein.
No temporary BMP may be removed until such time as the entire upstream
watershed has been completely stabilized.
5.1 Temporary BMPs
Temporary Construction Entrance
Physical Description:
A temporary construction entrance serves to provide a buffer area where
construction vehicles entering and exiting the construction site can drop
mud to avoid transporting it off the construction site and onto public
streets.
Temporary construction entrances must be used at all locations where
construction vehicles enter and exit the construction site.
Temporary construction entrances I exits shall consist of an aggregate
pad of 2-inch to 3-inch clean washed stone placed to a minimum
thickness of 6 inches over a non-woven geotextile fabric placed on
prepared subgrade. The width and length of the temporary construction
entrance I exit shall be as indicated on the Erosion and Sediment Control
Plan, but in no instance shall it be less than 20 feet in width and 50 feet in
length.
Site and Physical Conditions for Effective Utilization:
Locate temporary construction entrance I exit at areas having firm and
stable subgrade. Construct in areas that are relatively level, avoiding,
when possible, areas that are steep or slope towards the public street.
Installation and Construction Procedures:
Tower Point Infrastructure Development
College Station, Texas SWPPP 6
Remove all vegetation and unsuitable material from the area where the
temporary construction entrance I exit is to be installed. Avoid removal of
vegetation beyond the limits of the construction entrance I exit.
Grade the area for positive drainage.
At locations where the slope of the area towards the public street exceeds
2%, construct an 8-inch high ridge, or high point, in the subgrade to divert
runoff away from the public street. Construct the ridge approximately 15
feet from the public street.
Should roadside ditches exist along the public street, install temporary
culvert of adequate size and length to maintain roadside drainage.
Place stone to the dimensions and limits indicated on the Erosion and
Sediment Control Plan and as shown on accompanying details. Provide
surface sloped for drainage.
Operation and Maintenance Practices:
Inspect temporary construction entrance I exit as follows:
Once weekly
Subsequent to heavy use
Subsequent to precipitation events
Reshape construction entrance I exit when required to provide for
adequate control of runoff.
Dress top of surface with new stone as needed.
Immediately remove mud or sediment tracked or washed onto the public
street and take corrective measures to temporary construction entrance I
exit.
Remove temporary construction entrances from areas where permanent
vegetation is to be established.
Sediment Fence
Physical Description:
A sediment fence consists of a geotextile fabric trenched into the ground
and fastened to a supporting post framework.
Sediment fences cause sediment-laden runoff to pond uphill of the
barrier. Sediment is allowed to settle while filtered runoff is allowed to
discharge through the geotextile fabric.
Site and Physical Conditions for Effective Utilization:
Tower Point Infrastructure Development
College Station, Texas SWPPP 7
Install sediment fences prior to disturbing the upstream area.
Install sediment fences downstream of small areas that are to be
disturbed by construction activities.
For effective utilization, limit the area served by the sediment fence to
approximately % acre per 100 feet of fence. Install sediment fences such
that the maximum distance of disturbed area above the fence is limited to
100 feet for upland slopes less than 2 percent, 75 feet for upland slopes
between 2 percent and 5 percent, and 50 feet for upland slopes between
5 percent and 10 percent. Do not utilize sediment fences where upland
slopes exceed 10 percent.
Locate sediment fence on relatively level areas. Where there is an
upstream slope, locate at least 10 feet downstream of the toe of the slope
to provide an area for runoff to pool. Install along areas of consistent
elevation where runoff will occur as sheet flow. Avoid installing sediment
fences in areas of concentrated runoff.
Limit sediment fence lengths to 600 feet or less.
Installation and Construction Procedures:
Grade along alignment upstream of fence, if required, to provide a
relatively level area upstream of fence.
Excavate a trench 6 inches deep and 4 inches wide along the alignment
of the fence.
Drive posts to support geotextile fabric on the downstream side of the
trench. Embed posts approximately 24 inches and space at 6 feet on
center.
Attach continuous lengths of geotextile fabric to upstream face of posts.
Where joints are required, fasten fabric to post and overlap joint to next
post.
Place bottom 12 inches of fabric in trench and backfill with excavated
material.
Operation and Maintenance Practices:
Inspect sediment fence as follows:
Once weekly
Subsequent to precipitation events
Replace or repair collapsed sediment fence immediately.
Replace torn or decomposed geotextile fabric.
Tower Point Infrastructure Development
College Station, Texas SWPPP 8
Replace broken posts.
Remove accumulated sediment and re-deposit upstream.
Remove sediment fence and accumulated sediment deposits only after
the contributing drainage area is completely stabilized.
Diversions
Physical Description :
A diversion is a temporary diversion dike constructed to control storm
water runoff and direct it to desired locations.
Site and Physical Conditions for Effective Utilization:
Construct diversions at indicated locations prior to beginning any
construction activity within the upstream drainage area to be served .
Diversions shall be located to minimize damage by construction
operations and construction traffic to the extent practicable.
Installation and Construction Procedures
The area over which the diversion dike is to be constructed shall be
stripped of all vegetation.
Place soil material in 8 inch maximum loose lifts, moisture condition the
material to between optimum moisture content and 4% above optimum
moisture content, and compact each lift to at least 95% Standard Proctor
maximum dry density.
Side slopes of earth embankment diversion dikes shall be constructed to
slopes not steeper than 3 horizontal units on 1 vertical unit.
The height of diversion dikes shall be at least 18 inches, but not more
than 48 inches, above the level of the adjacent existing ground.
Temporarily seed the diversion dike immediately following construction.
Operation and Maintenance Practices
Inspect diversions as follows:
Once weekly
Subsequent to precipitation events
Inspect vegetation and re-seed as necessary.
Inspect for erosion damage and repair immediately.
Tower Point Infrastructure Development
College Station, Texas SWPPP 9
Remove accumulated sediment and re-deposit upstream.
Temporary Sediment Trap
Physical Description:
A temporary sediment trap serves to temporarily impound storm water
runoff providing sufficient time for storm water to still and allow sediment
to settle out of the runoff prior to being discharged through a gravel
filtering weir. The trap consists of three elements: a depression to
temporarily impound and still storm water runoff, a diversion dike to serve
as a dam to route storm water runoff to the depressed area, and a gravel
filtering weir to further filter storm water runoff discharges
Site and Physical Conditions for Effective Utilization:
Construct temporary sediment traps at indicated locations prior to
beginning any construction activity within the upstream drainage area to
be served by the trap.
Installation and Construction Procedures
The area over which the diversion dike is to be constructed shall be
stripped of all vegetation.
Construct the diversion dike in accordance with the practices outlined for
"Best Management Practice -Diversions" included elsewhere in this
section of the SWPPP.
Construct the diversion dike to create a depression upstream of the dike,
excavate a depression on the upstream side of the diversion dike, or
employ a combination of both methods to create a depression. The
depression on the upstream side of the diversion dike shall be
constructed so as to provide at least 67 cubic yards of storage per acre of
disturbed upstream area below the base of the diversion dike filtering
weir, but shall be no deeper than 4 feet.
At the low point in the diversion dike, construct a gravel filtering weir by
excavating a portion of the diversion dike material and replacing it with a
gravel filter weir. The gravel filter weir shall consist of clean stone or
gravel placed over a geotextile fabric. The upstream portion of the gravel
weir shall be stone or gravel having at least 50% of the stones having a
diameter of at least 2 inches. The downstream portion of the gravel weir
shall be stone having at least 50% of the stones having a diameter of at
least s10 inches. The length, in feet, of the weir at the top, parallel to the
length of the diversion dike, shall be at least 6 times the drainage area in
units of acres and shall be slightly lower than the top of the diversion dike.
Temporarily seed the diversion dike immediately following construction of
the sediment trap.
Tower Point Infrastructure Development
College Station, Texas SWPPP 10
Operation and Maintenance Practices
Inspect temporary sediment traps as follows:
Once weekly
Subsequent to precipitation events
Replace or clean sediment clogged gravel.
Inspect vegetation and re-seed as necessary.
Inspect facility for erosion damage and repair immediately.
Remove accumulated sediment and re-deposit upstream.
Curb Inlet Sediment Trap
Physical Description:
A curb inlet sediment trap serves to filter and trap sediment from storm
water runoff flowing to a curb inlet. The trap consists of wire mesh placed
over the vertical opening of the inlet over which filtering gravel is placed.
The gravel serves as a dam, slowing the velocity of runoff allowing
sediment to settle while permitting treated runoff to flow through and into
the inlet.
Site and Physical Conditions for Effective Utilization:
Install curb inlet sediment traps immediately following installation of the
drop inlet.
Installation and Construction Procedures:
Grade the area around the curb inlet to conform to the final grades and to
provide a relatively level and firm area upon which to install the sediment
trap.
Place wire mesh over the vertical opening of the curb inlet, extending the
wire mesh at least 12 inches across the top of the inlet, at least 12 inches
horizontally in front of the inlet opening, and at least 12 inches beyond the
sides of the curb inlet. Wire mesh shall have openings small enough to
retain gravel filtering material.
Place gravel filtering material on top of the wire mesh to anchor the wire
mesh. Extend the gravel at least 6 inches beyond the wire mesh on all
sides. Gravel shall be at least % inch in size and must be clean.
Operation and Maintenance Practices:
Inspect curb inlet sediment traps as follows:
Once weekly
Tower Point Infrastructure Development
College Station, Texas SWPPP 11
,.
Subsequent to precipitation events
Replace or clean sediment clogged gravel.
Remove accumulated sediment and re-deposit upstream.
5.2 Permanent BMPs
Permanent Seeding
Physical Description:
Permanent seeding is used to establish perennial vegetation on disturbed
areas for periods longer than 12 months.
Site and Physical Conditions for Effective Utilization:
Permanent Seeding is necessary to protect earthen structures such as
dikes, channels, and embankments. Particular care is required to
establish a thick cover of permanent grass.
Installation and Construction Procedures:
Uniformly grade the area to the elevations and slope indicated.
Install and establish vegetation in accordance with project requirements.
Operation and Maintenance Practices:
Inspect for erosion as follows:
Once weekly
Subsequent to precipitation events
Inspect for erosion and I or damage and repair immediately.
Permanent Sodding
Physical Description
Sodding is the use of a vegetative cover to provide immediate erosion
control in disturbed areas.
Site and Physical Conditions for Effective Utilization:
Sodding is used to stabilize erodible areas such as grass-lined channels,
storm water detention basins, diversions, swales, slopes, and filter strips.
Sodding provides an instant vegetative cover with an established root
system.
Installation and Construction Procedures:
Tower Point Infrastructure Development
College Station, Texas SWPPP 12
Uniformly grade the area to the elevations and slope indicated.
Install and establish vegetation in accordance with project requirements.
Operation and Maintenance Practices:
Inspect for erosion as follows:
Once weekly
Subsequent to precipitation events
Inspect for erosion and I or damage and repair immediately.
6.0 Site Management Best Management Practices
6.1 Introduction
Provide additional site management practices as required by site construction
activities to prevent contamination of storm water runoff.
6.2 Solid and Hazardous Waste Management
Provide trash containers and regular cleaning of the site. Properly and legally
dispose waste, shipping waste, food containers and cups.
Provide containers for proper and legal disposal for waste paints, solvents,
cleaning compounds, and similar hazardous waste materials.
6.3 Sanitary Sewerage Waste
Provide portable toilets for proper disposal of sanitary waste.
6 .4 Construction Material Storage
Store construction materials away from drainage courses and low areas.
6.5 Construction Equipment Fueling
Provide containment berms or drip pans at fuel stations and at liquid storage
tanks and I or containers.
7.0 Inspections
7 .1 Introduction
This section sets forth regular inspection, reporting and record-keeping
requirements as well as provisions for amending this SWPPP.
Tower Point Infrastructure Development
College Station, Texas SWPPP 13
"
7.2 Inspections
The SWPP Coordinator shall conduct regular inspections of BMPs. Regular
inspections shall be conducted not less than once monthly, but shall be
proportionate to the level of construction activity.
Additionally, inspections must be conducted within 24 hours of the end of any
precipitation event of 0.5 inches or greater.
For disturbed areas that have not been fully stabilized , all installed BMPs and
other pollution control measures shall be inspected for proper installation ,
operation, and maintenance. Deficiencies should be noted and corrected
immediately.
All locations on the site shall be inspected for evidence of erosion or evidence of
sediment leaving the site, particularly at locations where storm water runoff
leaves the site.
Each inspection shall include a written report. Such reports shall be completed
on a standard form to be developed by the SWPPP Coordinator. Each report
shall contain the following information:
Inspector's Name
Date of Inspection
Observations of the effectiveness of controls
Deficiencies noted and a description of actions taken to correct those
deficiencies
Listing of areas where construction activity has temporarily or
permanently stopped
Observations of storm water discharge locations and a description of
assessment of the effectiveness of upstream controls
Inspector's signature
7.3 SWPPP Amendment
Amendment of the SWPPP is the responsibility of the SWPPP Coordinator. The
SWPPP shall be amended by the additions of each inspection report to the
document. It shall also be amended at any time the site controls are modified or
augmented. Amendments shall also be made to document the dates of
installation of controls, maintenance of controls, stabilization of the site or
portions of the site, and removal of temporary controls.
7.4 Record Keeping
A copy of this SWPPP, together with all amendments, shall be maintained at the
Project site at all times.
The SWPPP Coordinator shall provide a copy of the current and amended
SWPPP to TCEQ, US Environmental Protection Agency, or any local agency or
government representative provided such a copy is requ~sted in the performance
of such representative's official duties.
Tower Point Infrastructure Development
College Station, Texas SWPPP 14
At completion of construction of this project, the SWPPP Coordinator shall
provide a complete copy of the SWPPP, including all amendments, records,
inspection reports , Contractor's certifications and similar items related to
compliance with the Texas Pollutant Discharge Elimination Systems Construction
Storm Water General Permit.
Tower Point Infrastructure Development
College Station , Texas SWPPP 15
8.0 Appendix
This appendix contains:
Exhibit 1 -Facility Map (USGS Quadrangle Map)
Exhibit 2 -Grading Plans
Exhibit 3 -Erosion and Sediment Control Plans
Exhibit 4-A sample copy of a NOTICE OF INTENT (NOi).
The Owner will submit this NOi prior to commencing construction of
this project. The Owner will furnish the SWPPP Coordinator with a
copy of the complete NOi. The copy of the completed NOi shall be an
amendment to and added to the SWPPP by the SWPPP Coordinator
Exhibit 5 -A copy of the TEXAS POLLUNTANT DISCHARGE ELIMINATION
SYSTEM GENERAL PERMIT (TXR150000) by the TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY.
The Contractor as SWPPP Coordinator is responsible for being familiar with,
and compliant with, all state and federal requirements and all other
requirements set forth in the above documents, whether or not such
requirements are specifically stated in the narrative portion of this SWPPP
Tower Point Infrastructure Development
College Station, Texas SWPPP 16
EXHIBIT 1
Tower Point Infrastructure Development
College Station, Texas SWPPP
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Tower Point Infrastructure Development
College Station, Texas SWPPP
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EXHIBIT 3
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College Station, Texas SWPPP
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TCEQ Office Use Only • -41 Notice of Intent (NOi) for Storm Water Permit No.: TXR15
~ Discharges Associated with Construction RN: . ~ ... Activity under TPDES General Permit CN:
TCEQ (TXR150000) Ref No:
~~ Sign up now for ePermits NOT at https://www6.tceg.state.tx.us/steers/
Get Instant Permit Coverage and only pay a $225 application fee.
If filing a paper NOi you can pay the application fee on line? Go to https://www6.tccq.statc.tx.us/cpay/ •'o" e6e" G e,~
SPIPl't FPP Tvno>· GFNF.R AT PFRMTT "~'I" Jl.TTON STORM WATFR n1sru A Rr.i: l\)()l APPT TrA'TTnN
IMPORTANT:
•Use the INSTRUCTIONS to fill out each question in this form.
•Use the attached CUSTOMER CHECKLIST to make certain all you filled out all required information.
•Incomplete annlications WILL delay approval or result in automatic Denial.
Renewal of General Permit
Is this NOI to renew an ACTIVE permit?
0Yes -What is your permit number? Permit No. TXRIS
ONo -a permit number will be issued.
Application Fee if mailing a paper NOi:
You must pay the $325 Application Fee to TCEQ for the application to be considered complete.
Payment and NOi must be mailed to separate addresses. See instructions for correct mailing addresses.
Provide your payment information below, for us to verify payment of the application fee:
0Mailed: Check/Money Order No.: Company Name on checking account:
0EPAY: Voucher No.: Is the Payment Voucher copy attached? DY es
A. OPERATOR (applicant)
1. If the applicant is currently a customer with TCEQ, what is the Customer Number (CN) issued to this entity?
CN (Search Central Rei:istrv)
2. What is the Legal Name of the entity (applicant) applying for this permit?
(The legal name must be spelled exactly as filed with the Texas Secretary of State, County, or in the legal document forming the entity.)
3. What is the name and title of the person signing the application?
(The person must be an official meeting signatory requirements in TAC 305.43(a).)
Name: I Job Title:
4. What is the Operator's (applicant) mailing address as recognized by the US Postal Service? (verify at USPS.com)
Address: I Suite No./Bldg. No./Mail Code:
City: I State: I ZIP Code:
Country Mailing Information (if outside USA). Country Code: Postal Code:
5. Phone No.: ( ) Extension:
6. Fax No.: ( ) E-mail Address:
7. Indicate the type of Customer:
D Individual Dsole Proprietorship-D.B.A. 0Limited Partnership
D Corporation 0Federal Government 0General Partnership
D State Government C!k;ounty Government Deity Government
Oother Government Oother (describe):
TCEQ-20022 (03/05/2008) Page I
8. Independent Operator: DY es 0No (If governmental entity, subsidiary, or part of a larger corporation, check "No''.)
9. Number of Employees: 00-20; 021-100; 0101-250; 0251-500; or 0501 or higher
10. Customer Business Tax and Filing Numbers (This item is not applicable to Individuals, Government, GP or Sole Proprietor.)
REQUIRED for Corporations and Limited Partnerships (Verify the entity's status and filing no. with TX SOS at 512/463-5555)
State Franchise Tax ID Number: Federal Tax ID:
TX SOS Charter (filing) Number: DUNS Number (if known):
B. APPLICATION CONTACT
If TCEQ needs additional information regarding this application, who should be contacted?
1. Name: J Title: j Company:
2. Phone No.: ( ) Extension:
3. Fax No.: E-mail Address:
c. REGULATED ENTITY (RE) JNFORMATION ON PROJECT OR SITE
1. TCEQ Issued RE Reference Number (RN): RN
(Sc:irch Central Rci~istrv)
2. Name of Project or Site (the name as known by the community where this facility/project is located):
(example: phase and name of subdivision or name of project that's unique to the si te)
3. Does the site have a physical address?
If Yes, complete Section Al for a physical address.
If No, complete Section·B for site location information.
Section A~ Enter the physical address for the si te. (verify it with USPS.com or other delivery source)
Street Number: Street Name:
City: ZIP Code:
Section B3 Enter the site location information.
If no physical address (Street Number & Street Name), provide a written location access description to the site:
(Ex.: phase I of Woodland subdivision located 2 miles west from intersection of Hwy 290 & IH35 accessible on Hwy 290 South)
City where the site is located or nearest city to site: ZIP Code where site is located:
4. Identify the county where the site is located:
5. Latitude: Longitude:
6. What is the primary business of this entity? In your own words, briefly describe the primary business of the Regulated Entity:
(Do not repeat the SIC and NAICS code)
7. What is the mailing address for the regulated entity?
Is the RE mailing address the same as the Operator? LJY es, address is the same as Operator LJNo, provide the address
Street Number: I Street Name:
City: I State: I ZIP Code:
D. GENERAL CHARACTERISTICS
1. Is the site located on Indian Country Lands? 0No 0Yes -If Yes, do not submit this NOi. Contact EPA, Region VI
If the site is on Indian countrv lands, vou must obtain authorization throu11.h EPA, Re11.ion VI.
2. What is the Standard Industrial Classification (SIC) code (see instructions for common codes): (Search Osha.gov)
Primary: Secondary:
TCEQ-20022 (03/05/2008) Page 2
'
3(a) What is the total number of acres disturbed?
3(b) Is the project site part of a larger common plan of development or sale? 0Yes 0No
If Yes, the total number of acres disturbed can be less than 5 acres.
If No, the total number of acres disturbed must be 5 or more. If the total number of acres disturbed is less than 5 then the
project site does not qualify for coverage through this Notice oflntent. Coverage will be denied. See the requirements in the
general permit for small construction sites.
4. Discharge Information (all information MUST be provided or the permit will be denied)
4(a) What is the name of the water body(s) to receive the storm water runoff or potential runoff from the site?
4(b) What is the segment number(s) of the classified water body(s) that the discharge or potential discharge will eventually
reach?
4(c) Are any of the surface water bodies receiving discharges from the construction site on the latest EPA-approved CWA
303( d) list of impaired waters?
0Yes 0No
If Yes, provide the name of the impaired water body(s).
4(d) Is the discharge into an MS4? 0Yes 0No
If Yes, what is the name of the MS4 Operator?
Note: The general permit requires you to send a copy of the NOI to the MS4 Operator.
4( e) Is the discharge or potential discharge within the Recharge Zone, Contributing Zone, or Contributing Zone within the
Transition Zone of the Edwards Aquifer?
0Yes 0No
If the answer is Yes, please note that a copy of the agency approved Plan required by the Edwards Aquifer Rule (30 TAC Chapter 213) must
be included or referenced in the Storm Water Pollution Prevention Plan.
E. CERTIFICATION
Check "Yes" to the certifications below. Failure to certify to all items will result in denial.
D Yes I certify that I have obtained a copy and understand the terms and conditions of the general 12ermit (TXR150000).
L_J Yes I certify that the full legal name of the entity (Operator) applying for this permit has been provided and is legally
authorized to do business in Texas. D Yes __J I understand that a Notice of Termination (NOT) must be submitted when this authorization is no longer needed.
D Yes I certify that a storm water pollution prevention plan has been developed and implemented prior to construction,
and that is compliant with any applicable local sediment and erosion control plans and prepared and implemented
as req uired in the general permit TXR150000.
Operator Certification:
I,
Typed or printed name (Required & must be legible) Title (Required & legible)
certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for
knowing violations.
I further certify that I am authorized under 30 Texas Administrative Code §305.44 to sign and submit this document, and can provide documentation in
proof of such authorization upon request.
Signature: Date:
(Use blue ink)
TCEQ-20022 (03/05/2008) Page 3
Did you complete everything? Use this checklist to be sure!
Are you ready to mail your form to TCEQ? Go to the General Information Section of the Instructions for mailing addresses.
Customer GP Notice of Intent Checklist
TXRlSOOOO
,[ This checklist is for use by the operator to ensure a complete application. Missing information may result in denial of coverage under the
permit. (See NOi Process description in the Instructions)
D Application Fee of $325.00
was mailed separately to TCEQ's Cashiers's Office (separate from the NOi) or the EPA Y payment voucher is attached.
OPERATOR INFORMATION -Confirm each item is complete:
,[
D Customer Number (CN) issued by TCEQ Central Registry
D Legal Name as filed to do business in Texas (Call TX SOS 512/463-5555)
D Name and Title of person signing the application. This person must meet signatory requirements in 30 TAC Section 305.43
D Operator Mailing Address is complete & verifiable with USPS. WWW.USQS .com
D Phone Numbers/E-mail Address
D Type of Operator (Entity Type)
D Independent Operator
D Number of Employees
n For Corporations or Limited Partnerships -Tax ID and SOS Filing numbers are REQUIRED
Annlication Contact person we can call for questions about this application.
REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE -Confirm each item is complete:
,[
D Regulated Entity Reference Number (RN) (if site is already regulated by TCEQ)
D Site/Project Name/Regulated Entity
D Site/Project (RE) Physical Address Please do not use a rural route or post office box for a site location
D Or if no physical address, the location information that includes description, zip code and city is listed.
D Latitude and Longitude TCEO USGS Topogranhic Map Vit"wer or TerraServer-USA
D Business description
D Site Mailing Address (checked same as operator or complete & verifiable with USPS. www.usns.com)
GENERAL CHARACTERISTICS -Confirm each item is complete:
,[
D Indian Country Lands -the facility is not on Indian Country Lands
D Standard Industrial Classification (SIC) code www.osha.gov/oshstats/sicser.html
D Acres Disturbed is provided and qualifies for coverage through a NOi.
D Common plan of development or for sale?
D Discharge Information: D receiving water body
D segment number(s) is REQUIRED
D water body on the latest EPA-Approved Clean Water Act 303(d) list of impaired waters
D MS4 Operator
n Edwards Aquifer Rule
D CERTIFICATION
Certification statements have been checked indicating "Yes"
Signature meets 30 Tex.as Administrative (Q.~le (TAC) §305,4:1 and is original and has been provided for the Operator.
TCEQ-20022 Checklist (03/05/2008) Page I
Notice of Intent (NOi) for Storm Water Discharges Associated with Construction
Activity under TPDES General Permit (TXR150000)
General Information and Instructions
GENERAL INFORMATION
Where to Send the Notice oflntent (NOI) and other related forms:
BY REGULAR U.S. MAIL BY OVERNIGHT/EXPRESS MAIL
Texas Commission on Environmental Quality Texas Commission on Environmental Quality
Storm Water Processing Center (MC228) Storm Water Processing Center (MC228)
P.O. Box 13087 12100 Park 35 Circle
Austin, TX 78711 -3087 Austin, TX 78753
TCEQ Contact list:
Application Processing Questions relating to the status and form requirements: 512/239-3700, 512/245-01 30 or swpermit@tceg.state.tx.us
Technical Questions relating to the general permit: 512/239-4671 or swgp@tceg.state.tx.us
Environmental Law Division: 512/23 9-0600
Records Management for obtaining copies of forms submitted to TCEQ: 512/239-0900
Information Services for obtaining reports from program data bases (as available): 512/239-DATA (3282)
Financial Administration's Cashier's office: 512/239-0357 or 512/239-0187
Notice oflntent Process:
When your NOI is received by the program, the form will be processed as follows:
1. Administrative Review: Each item on the form will be reviewed for a complete response. In addition, the operator's legal name must be verified with
Texas Secretary of State as valid and active (if applicable). The address(s) on the form must be verified with the US Postal service as an address
receiving regular mail delivery. Never give an overnight/express mailing address.
2. Notice of Deficiency: If an item is incomplete or not verifiable as indicated above, a notice of deficiency (NOD) will be mailed to the operator. The
operator will have 30 days to respond to the NOD. The response will be reviewed for completeness.
3. Acknowledgment of Coverage: An Acknowledgment Certifi cate will be mai led to the operator. This certificate acknowledges coverage under the
general permit.
-or-
Denial of Coverage: If the application is too incomplete to process, or the operator fails to respond to the NOD or the response is inadequate,
coverage under the general permit may be denied. If coverage is denied, the operator will be notified.
General Permit (Your Permit)
If filing the NOI through ePermits online application, coverage under the general permit begins the day the NOI is submitted to TCEQ through
epermits. Sign up now for on line NOi at https://www6.tceg.state.tx.us/steers/
If mailing a paper NOI, coverage under the general permit begins seven (7) days after a completed NOi is postmarked for delivery to the TCEQ. You
should have a copy of your general permit when submitting your application.
You may view and print your permit for which you are seeking coverage, on the TCEQ web site
httg://www.tceg.state.tx.us/germittinglwater guality/stonnwater/TXR 15 AIR.html.
General Permit Forms
The Notice of Intent (NOI), Notice of Termination (NOT), and Notice of Change (NOC) #20391 with instructions are available in Adobe Acrobat
PDF format on the TCEQ web site ht!Jl://www.tceg.state.tx.us/permitting/water guali!):/stormwater/TXRI 5 AIR.html.
Sign up now for on line Notice of Termination application at https ://www6.tceq.state.tx.us/steers/
Change in Operator
An authorization under the general permit is not transferable. If the operator or owner of the regulated entity changes, the present permittee must submit
a Notice of Termination and the new operator must submit a Notice of Intent. The NOT and NOI must be submitted not later than 10 days prior to the
change in Operator status.
TCEQ-20022 Instructions (03/05/2008) Page 1
TCEQ Central Registry Core Data Form
The Core Data Form has been incorporated into this form. Do not send a core data form to TCEQ.
After final acknowledgment of coverage under the general permit, the program will assign a Customer Number (CN) and Regulated Entity Number (RN).
For Construction Permits, a new RN will be assigned for each Notice of Intent filed with TCEQ, since construction project sites can overlap with other
Customers. The RN assigned to your construction project will not be assigned to any other TCEQ authorization.
You can find the information on the Central Registry web site at www4.tceq.state.tx.us/cmub. You can search by the Regulated Entity (RN), Customer
Number (CN) or Name (Permittee), or by your permit number under the search field labeled "Additional ID". Capitalize all letters in the permit number.
The Customer (Permittee) is responsible for providing consistent information to the TCEQ, and for updating all CN and RN data for all authorizations as
changes occur. For General Permits, a Notice of Change form must be submitted to the program area.
Application Fees:
$225.00 application fee if submitting the NOI through ePermits.
$325.00 application fee if submitting a paper NOI for processing.
The application fee is required to be paid at the time the NOi is submitted. Failure to submit payment at the time the application is filed will cause dela:
in acknowledgment or denial of coverage under the general permit.
• Mail ed Payments:
DO NOT mai l your check with the original Notice ofTntent application.
Use the attached Application Fee payment submittal form is mailing the payment. Do not include a copy of the NOi.
BY REGULAR U.S. MAIL
Texas Commission on Environmental Quality
Financial Administration Division
Cashier's Office, MC-214
P.O. Box 13088
Austin, TX 78711-3088
• ePA Y Electronic; Payment:
Go to https://www6.tceq.state.tx.us/epay
BY OVERNIGHT/EXPRESS MAIL
Texas Commission on Environmental Quality
Financial Administration Division
Cashier's Office, MC-214
12100 Park 35 Circle
Austin, TX 78753
Select Water Quality, then select the fee category "GENERAL PERMIT CONSTRUCTION STORM WATER DISCHARGE NOi APPLICATIO:-.l
You must include a copy of the payment voucher with your NOi. Your NOi will not be considered complete without the payment voucher.
The Annual Water Quality Fee has been consolidated into the Application Fee effective March 5, 2008. An annual fee will not be assessed and
billed to operators on 9/112008. This does not relieve the operator of fees due for prior fiscal year assessments.
The operator will continue to receive an invoice for payment of any past due annual fee. A 5% penalty will be assessed ifthe payment is received by
TCEQ after the due date. Annual fee assessments cannot be waived as long as the authorization under the general permit was active on September I of
the FY billed.
TCEQ-20022 Instructions (03/05/2008) Page 2
INSTRUCTIONS FOR FILLING OUT THE NOi FORM
A. OPERATOR (As defined in the general permit.)
1. TCEQ Issued Customer Number (CN)
TCEQ's Central Registry will assign each customer a number that begins with "CN," followed by nine digits. This is not a permit number, registration
number, or license number.
• If this customer has not been assigned a Customer Reference Number, leave the space for the Customer Reference Number blank .
• If this customer has already been assigned this number, enter the operator's Customer Reference Number in the space provided .
2. Legal Name
Provide the legal name of the facility operator, as authorized to do business in Texas. The name must be provided exactly as filed with the Texas
Secretary of State (SOS), or on other legal documents forming the entity, that is filed in the county where doing business. You may contact the SOS at
512/463-5555, or go to http://www.sos.state.tx.us/coro/contact.shtml for more information related to filing in Texas. If filed in the county where doing
business, provide a copy of the legal documents showing the legal name.
3. Name and Title of person signing the Notice oflntent application form. Signature meets 30 Texas AdminislTative Code (TAC} §305.44
4. Operator Mailing Address
Provide a complete mailing address for receiving mail from the TCEQ. The address must be verifiable with the US Postal Service at www.usps.com, for
regular mail delivery (not overnight express mail). If you find that the address is not verifiable using the USPS web search, please indicate the address is
used by the USPS for regular mail delivery.
5. Phone Number
This number should correspond to this customer's mailing address given earlier. Enter the area code and phone number here. Leave "Extension" blank if
this customer's phone system lacks this feature.
6. Fax Number and E-mail Address
This number and E-mail address should correspond to operator's mailing address provided earlier. (Optional Information)
7. Type of Entity
Check only one box that identifies the type of entity. Use the descriptions below to identify the appropriate entity type:
Individual is a customer who has not established a business, but conducts an activity that needs to be regulated by the TCEQ.
Sole Proprietorship-D.B.A. is a customer that is owned by only one person and has not been incorporated. This business may:
• be under the person's name
• have its own name ("doing business as," or d.b.a.)
• have any number of employees
Partnership is a customer that is established as a partnership as defined by the Texas Secretary of State's Office.
Corporation is a customer that meets all of these conditions:
• is a legally incorporated entity under the laws of any state or country
• is recognized as a corporation by the Texas Secretary of State
• has proper operating authority to operate in Texas.
Government -Federal, state, county, or city government (as appropriate)
the customer is either an agency of one of these levels of government or the governmental body itself.
Other is Estate, Trust, etc.
the customer does not fit one of the above descriptions. Enter a short description of the type of customer in the blank provided.
8. Independent Operator
Check "No" if this customer is a subsidiary, part of a larger company, or is a governmental entity. Otherwise, check "Yes."
9. Number of Employees
Check one box to show the number of employees for this customer's entire company, at all locations. This is not necessarily the number of employees at
the site named in the NOI.
10. State Franchise Tax ID Number
Corporations and limited liability companies that operate in Texas are issued a franchise tax identification number. If this customer is a corporation or
limited liability company, enter this number here.
Federal Tax ID
All businesses, except for some small sole proprietors, individuals, or general partnerships should have a federal taxpayer identification number (TIN).
Enter this number here. Use no prefixes, dashes, or hyphens. Sole proprietors, individuals, or general partnerships do not need to provide a federal tax ID.
TX SOS Charter (filing) Number
Corporations and Limited Partnerships required to register with the Texas Secretary of State are issued a charter or filing number. You may obtain further
information by calling SOS at 512/463-5555 httn://www.sos.state.tx.us/com/contact.shtrnl.
TCEQ-20022 Instructions (03/05/2008) Page 3
DUNS Number
Most businesses have a DUNS (Data Universal Numbering Svstem) number issued by Dun and Bradstreet Com. If this customer has one, enter it here.
B. Annlication Contact
Provide the name, title and communication information of the person that TCEQ can contact for additional information regarding this application.
If the annlication is missing information and there is no contact person to call, the aoolication may be denied.
C. REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE
1. Regulated Entity Reference Number (RN)
This is a number issued by TCEQ's Central Registry to sites (a location where a regulated activity occurs) regulated by TCEQ. This is not a permit
number, registration number, or license number.
•If this Regulated Entity has not been assigned a Regulated Entity Number, leave this space blank.
• If this customer has been assigned this number, enter the ooerator's Regulated Entitv Number.
2. Site/Project Name/Regulated Entity
If the site is already regulated by TCEQ, use the same name as on the existing Regulated Entity Reference Number (RN).
If new, provide the name of the site as known by the public in the area where the site is located. The name you provide on this application will be used in
the TCEQ Central Re11:istrv as the Regulated Entity.
3. Site/Project (RE) Physical Address
Section Al Enter the complete physical address of where the site is located. This must be a street number and street name for a complete physical
address. This address must be validated through US Postal Service or your local police (911 service) as a valid address. Please confirm this to be a
complete and valid address. In some rural areas, new addresses are being assigned to replace rural route addresses.
Please do not use a rural route or post office box for a site location.
Section Bl lf a site does not have an achial physical address that includes a street number and street name, then provide a complete written location
access description, and the zip code and city where the site is located.
For example: "The site is located 2 miles west from intersection of Hwy 290 & IH35, located on the southwest comer of the Hwy 290 South bound lane."
This includes authorizations for construction projects such as highways and subdivision.
4. Identify the County where the site is located. If the site covers more than one county, provide the county that is most affected by the authorized
activity and list the additional county(s) as secondary.
5. Latitude and Longitude
Enter the latitude and longitude of the site in either degrees, minutes, and seconds or decimal form. For help obtaining the latitude and longitude, go to:
TCEO USGS Tonogranhic Man Viewer or TerraServer-USA
6. Description of Activity Regulated
In your own words, briefly describe the primary business being conducted at the site. (A description specific to what you are doing that requires this
authorization -Do not repeat the SIC Code(s).)
SITE MAILING ADDRESS
Provide a complete mailing address to be used by TCEQ for receiving mail at the site. In most cases, the address is the same as the operator. If so,
simply place a check ll)ark in the box. If you provide a different address, please verify the address with USPS as instructed above for the operator
address.
D. GENERAL CHARACTERISTICS
1. Indian Country Lands
If your site is located on Indian Country Lands, the TCEQ does not have authority to process your application. You must obtain authorization through
EPA, Region VI, Dallas. Do not submit this form to TCEQ.
Indian Country means (1) all land within the limits of any American Indian reservation under the jurisdiction of the U.S. government, notwithstanding the
issuance of any patent, and including rights-of-way running throughout the reservation; (2) all dependent Indian communities within the borders of the
United States whether within the original or subsequently acquired territory thereof, and whether within or outside the limits of a State; and (3) all Indian
allotments, the Indian titles which have not been extinguished, including rights-of-way running through the same.
Indian Tribe means any Indian Tribe, band, nation, or community recognized by the Secretary of the Interior and exercising substantial governmental
duties and powers.
2. Standard Industrial Classification (SIC) code
Provide the SIC code that best describes the construction activity being conducted at the site.
Common SIC Codes related to construction activities include: 1521 Construction of Single Family Homes; 1522 Construction of Residential Bldgs.
Other than Single Family Homes; 1541 Construction of Industrial Bldgs. and Warehouses; 1542 Construction of Non-residential Bldgs. other than
Industrial Bldgs. and Warehouses; 1611 Highway & Street Construction, except Highway Construction; 1622 Bridge, Tunnel, & Elevated Highway
Construction; 1623 Water, Sewer, Pipeline & Communications, and Power Line Construction. For help with SIC codes, go to:
www.osha.gov/oshstats/sicser.html
TCEQ-20022 Instrnctions (03/05/2008) Page 4
3. Estimated Area of Land Disturbed
3(a). Provide the approximate number of acres that the construction site will disturb.
3(b). Indicate is the site is part of a common plan of development or for sale.
Construction activities that disturb less than one acre, unless they are part of a larger common pl an that disturbs more than one acre, do not require permit
coverage.
Construction activities that disturb between one and five acre, unless they are part of a common plan that disturbs five acres or more acres, do not require
submission of an NOL Therefore, the estimated area of land disturbed should not be less than five, unless the project is part of a larger common plan that
disturbs five or more acres.
"Disturb" means any clearing, grading, excavating, or other similar activities. If you have any questions about this item, please call the storm water
technical staff at (5 12)239-4671.
4. Discharge Information
4 (a). The storm water may be discharged directly to a receiving stream or through a MS4* from your site. It eventually reaches a receiving water body
such as a local stream or lake, possibly via a drainage ditch. You must provide the name of the water body that receives the discharge from the site (a
local stream or lake).
4 (b). The classified segment number(s) is REQUIRED to get coverage. Go to the link to find the segment number of the classified water body where
storm water will flow http://www.tceg.state.tx.us/compliance/monitoring/water/gualitv/data/wgm/viewer/viewer.html . Call Water Quality Assessments
at 512/239-4671 for further assistance. Another source for segments is: http://www.tceq.state.tx.us/comm_exec/forms_pubs/pubs/gi/gi-316/index.html
4 (c). If any surface water body(s) receiving discharges from the construction site are on the latest EPA-approved CWA § 303(d) list of impaired waters,
provide the name(s) of the water body(s).
EPA approved CWA 303d list of impaired waters can be found at: Texas Water Quality lnventorv and 303(d) List -Texas Commission on Environmental
Qualitv -www.tccg.siate.tx.us
4 (d). Identify the MS4* Operator name if the storm water discharge is into an MS4.
*MS4 is an acronym for Municipal separate storm sewer system. MS4 is defined as a separate storm sewer system owned or operated by a state,
city, town, county, di strict, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial
wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control or drainage district, or similar entity,
or an Indian tribe or an authorized Indian tribal organization, that discharges to water in the state.
For assistance, vou mav ca!J the technical staff of the Water Quality Assessment & Standards Section at 512/239-4671.
4 (e). Edwards Aquifer Rule
See maps on the TCEQ website to determine ifthe site is located within the Recharge Zone, Contributing Zone, or Contributing Zone within the
Transition Zone of the Edwards Aquifer at http://www.tceg.state.tx.us/compliance/field ops/eapp/viewer.html.
If the discharge or potential discharge is within the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards
Aquifer, a site speci fic authorization approved by the Executive Director under the Edwards Aquifer Protection Program (30 TAC Chapter 213) is
required before construction can begin.
The general permit requires the approved Contributing Zone Plan or Water Pollution Abatement Plan to be included as a part of the Storm Water
Pollution Prevention Plan. The certification must be answered "Yes" for coverage under the general permit.
E. CERTIFICATIONS
Failure to indicate "Yes" to ALL of the certification items mav result in denial of coverage under the general permit.
The certification must bear an original signature of a person meeting the signatory requirements specified under 30 Texas Administrative Code §305.44
IF YOU ARE A CORPORATION:
The regulation that controls who may sign an NOI or similar form is 30 Texas Administrative Code §305.44(a)(l) (see below). According to
this code provision, any corporate representative may sign an NOI or similar form so long as the authority to sign such a document has been delegated to
that person in accordance with corporate procedures. By signing the NOI or similar form, you are certifying that such authority has been delegated to
you. The TCEQ may request documentation evidencing such authority. ·
IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY:
The regulation that controls who may sign an NOI or similar form is 30 Texas Administrati ve Code §3 05.44(a)(3) (see below). According to
thi s code provision, only a ranking elected official or principal executive officer may sign an NOI or similar form. Persons such as the City Mayor or
County Commissioner will be considered ranking elected officials. In order to identify the principal executive officer of your government entity, it may
be beneficial to consult your citv charter, county or citv ordinances, or the Texas statute(s) under which your government entity was formed. An NOI or
TCEQ-20022 In structions (03/05/2008) Page 5
similar document that is signed by a government official who is not a ranking elected official or principal executive officer does not conform to
§305.44(a)(3). The signatory requirement may not be delegated to a government representative other than those identified in the regulation. By signing
the NOI or similar form, you are certifying that you are either a ranking elected official or principal executive officer as required by the administrative
code. Documentation demonstrating your position as a ranking elected official or principal executive officer may be requested by the TCEQ.
If you have any questions or need additional information concerning the signatory requirements discussed above, please contact the Texas Commission
on Environmental Quality's Environmental Law Division at 512/239-0600.
30 Texas Administrative Code
§305.44. Signatories to Applications.
(a) All applications shall be signed as follows.
(I) For a corporation, the application shall be signed by a responsible corporate officer. For purposes of this paragraph, a responsible
corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other
person who performs similar policy or decision-making functions for the corporation; or the manager of one or more manufacturing, production, or
operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980
dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Corporate procedures
governing authority to sign permit or post-closure order applications may provide for assignment or delegation to applicable corporate positions rather
than to specific individuals.
(2) For a partnership or sole proprietorship, the application shall be signed by a general partner or the proprietor, respectively.
(3) For a municipality, state, federal, or other public agency, the application shall be signed by either a principal executive officer or a
ranking elected official. For purposes of this paragraph, a principal executive officer of a federal agency includes the chief executive officer of the
agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., regional
administrator of the EPA).
TCEQ-20022 Instructions (03/05/2008) Page 6
Texas Commission on Environmental Quality
General Permit Payment Submittal Form
$325 for a paper Construction NOi Application Fee
Use this form to submit your Application Fee only if you are mailing your payment.
•Complete items l through 5 below:
•Staple your check in the space provided at the bottom of this document.
•Do not mail this form with your NOI form.
•Do not mail this form to the same address as your NOL
Mail this form and your check to:
BY REGULAR U.S. MAIL BY OVERNIGHT/EXPRESS MAIL
Texas Commission on Environmental Quality Texas Commission on Environmental Quality
Financial Administration Division Financial Administration Division
Cashier's Office, MC-214 Cashier's Office, MC-214
P.O. Box 13088 12100 Park 35 Circle
Austin, TX 78711-3088 Austin, TX 78753
Fee Code: GPA General Permit: TXRI 50000
I. Check I Money Order No:
2. Amount of Check/Money Order:
3. Date of Check or Money Order:
4. Name on Check or Money Order:
5. NOI INFORMATION
If the check is for more than one NOI, list each Project/Site (RE) Name and Physical Address exactly as provided on the NOi. DO NOT SUBMIT
A COPY OF THE NOI WITH THIS FORM AS IT COULD CAUSE DUPLICATE PERMIT ENTRIES.
See Attached List of Sites (If more space is needed, you may attach a list.)
Project/Site (RE) Name:
Project/Site (RE) Physical Address:
Staple Check In This Space
TCEQ-20134 (3/05/2008) Page I
EXHIBIT 5
Tower Point Infrastructure Development
College Station, Texas SWPPP
TCEQ Docket No. 2007-1588-WQ'
TPDES General Permit No. TXR150000
TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY
P.O. BOX 13087
,Austin, TX 78711-3087
GENERAL PERMIT TO DISCHARGE WASTES
under provisions of
Section 402 of the Clean Water Act
and Chapter 26 of the Texas Water Code
This is a renewal ofTPDES
General Permit No. TXR.150000,
.issued March 5, 2003.
Construction sites that discharge storm water associated with construction activity
located in the state of Texas
may discharge to surface water in the state
. only _according to effluent liniitations, monitOring requirements and other conditions set forth in this
permit, as well as the rules of the Texas Commission on Environmental Quality.(TCEQ), the laws of
the.State ofTexas, and other orders of the TCEQ. The issuance of this general permit does not grant
to the permittee the right to use private or public property for conveyance of stom1 water and certain
non-storm water discharges along the discharge route. This includes property belonging to but not
limited to any individual, partnership, corporation or other entity. Neither does this permit authorize
·any invasion of personal rights nor any violation of federal, state, or local laws or regulations. It is
· the responsibility of the permittee to acquire property rights as may be necessary to use the discharge
route.
This permit and the authorization contained herein shall expire at midnight on March 5, 2013 ....
EFFECTIVE DATE: March 5, 2008
ISSUED DATE: . FEB 1 5 2008.
l?M~ (;r=ci)S
Construction General Permit TPDES General Permit TXR150000
TPDES GENERAL PERMIT NUMBER TXR150000 RELATING TO STORM WATER
DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITIES
Table of Contents
Part I. Flow Chart and Definitions ................................................................................... Page 3
Part II. Permit Applicability and Coverage ..................................................................... Page 10
Part III. Storm Water Pollution Prevention Plans ............................................................ Page 25
Part IV. Storm Water Runoff from Concrete Batch Plants ............................................. Page 37
Part V. Concrete Truck Wash Out Requirements ........................................................... Page 42
Part VI. Retention of Records .......................................................................................... Page 42
Part VII. Standard Permit Conditions ................................................................................ Page 43
Part VIII. Fees ........................................................................................................... Page 44
Appendix A. Automatic Authorization -Periods of Low Erosion Potential by County .... Page 45
Appendix B. Erosivity Index (EI) Zones in Texas ............................................................. Page 46
Appendix C. Isoerodent Map ............................................................................................. Page 47
Appendix D. Erosivity Indices for EI Zones in Texas ....................................................... Page 48
Attachment 1. Small Construction Site Notice: Low Potential for Erosion ......................... Page 49
Attachment 2. Small Construction Site Notice ..................................................................... Page 50
Attachment 3. Large Construction Site Notice: "Secondary Operator" Notice ................... Page 51
Attachment 4. Large Construction Site Notice: "Primary Operator" Notice ....................... Page 52
Page 2
Construction General Permit TPDES General Permit TXRl 50000
Part I. Flow Chart and Definitions
Section A. Flow Chart to Determine Whether Coverage is Required
How much land will be disturbed? (*l)
< J acre
(*1)
NO
1 or more acres
(*l)
Do you meet the
definition of
"operator?" (*2
Permit Coverage Reguired
• Prepare and lotplement SWP3
• Post Site otice
• Submit Copy of Site Notice to
MS4 Operator
YES
NO
Will 5ormore
acres be disturbed.
(*I)
l'ES
Are you a "primary
~~~~~~~~~~~~~~--t operator?"' (*2)
Permit Coverage
Not Required
NO
YES
permit Cov~ra.ge Req uired
• Prepare and Implement SWP3
• Submit NOI to TCEQ
• .Post NOI and Site Notice
• Submit Copy ofNOl to MS4
Operator
(*1) To determi11e the size of tlte constructiott project, use tlte sir.e of the entire area to be disturbed, and
include tlte ize of tlte larger com111011 plats of development or sale, if the project is part of a larger
projeci (r.ejer to Part LB., "Defi1titio11 , "for a11 explanation of •(targer common plan of deJ"elopment
or ale").
(*2) Refer to the defi11iti011 for "opermor, ' ''primary operator,'" and "seco11da.ry operator" in Part L,
Section B. of tlii permit.
Page 3
Construction General Permit TPDES General Permit TXRl 50000
Section B. Definitions
Arid Areas -Areas with an average annual rainfall of 0 to 10 inches.
Best Management Practices (BMPs) -Schedules of activities, prohibitions of practices, maintenance
procedures, structural controls, local ordinances, and other management practices to prevent or reduce the
discharge of pollutants. BMPs also include treatment requirements, operating procedures, and practices to
control construction site runoff, spills or leaks, waste disposal, or drainage from raw material storage areas.
Commencement of Construction -The initial disturbance of soils associated with clearing, grading, or
excavation activities, as well as other construction-related activities (e.g., stockpiling of fill material,
demolition)
Common Plan of Development -A construction activity that is completed in separate stages, separate
phases, or in combination with other construction activities. A common plan of development (also known as
a "common plan of development or sale") is identified by the documentation for the construction project that
identifies the scope of the project, and may include plats, blueprints, marketing plans, contracts, building
permits, a public notice or hearing, zoning requests, or other similar documentation and activities. A
common plan of development does not necessarily include all construction projects within the jurisdiction of
a public entity (e.g., a city or university). Construction of roads or buildings in different parts of the
jurisdiction would be considered separate "common plans," with only the interconnected parts of a project
being considered part of a "common plan" (e.g., a building and its associated parking lot and driveways,
airport runway and associated taxiways, a building complex, etc.). Where discrete construction projects
occur within a larger common plan of development or sale but are located Y-i mile or more apart, and the area
between the projects is not being disturbed, each individual project can be treated as a separate plan of
development or sale, provided that any interconnecting road, pipeline or utility project that is part of the
same "common plan" is not included in the area to be disturbed.
Discharge -For the purposes of this permit, the drainage, release, or disposal of pollutants in storm water
and certain non-storm water from areas where soil disturbing activities (e.g., clearing, grading, excavation,
stockpiling of fill material, and demolition), construction materials or equipment storage or maintenance
(e.g., fill piles, borrow area, concrete truck washout, fueling), or other industrial storm water directly related
to the construction process (e.g., concrete or asphalt batch plants) are located.
Edwards Aquifer -As defined under Texas Administrative Code § 213.3 of this title (relating to the
Edwards Aquifer), that portion of an arcuate belt of porous, water-bearing, predominantly carbonate rocks
known as the Edwards and Associated Limestones in the Balcones Fault Zone trending from west to east to
northeast in Kinney, Uvalde, Medina, Bexar, Comal, Hays, Travis, and Williamson Counties; and composed
of the Salmon Peak Limestone, McKnight Formation, West Nueces Formation, Devil's River Limestone,
Person Formation, Kainer Formation, Edwards Formation, and Georgetown Formation. The permeable
aquifer units generally overlie the less-permeable Glen Rose Formation to the south, overlie the less-
permeable Comanche Peak and Walnut Formations north of the Colorado River, and underlie the less-
permeable Del Rio Clay regionally.
Edwards Aquifer Recharge Zone -Generally, that area where the stratigraphic units constituting the
Edwards Aquifer crop out, including the outcrops of other geologic formations in proximity to the Edwards
Aquifer, where caves, sinkholes, faults, fractures, or other permeable features would create a potential for
recharge of surface waters into the Edwards Aquifer. The recharge zone is identified as that area designated
as such on official maps located in the offices of the Texas Commission on Environmental Quality and the
Page 4
Construction General Permit TPDES General Permit TXR150000
appropriate regional office. The Edwards Aquifer Map Viewer, located at
=http"'-'+-:~//~www~"'-'-'-"· t""'ce"-'q*".s""'t=at=e"'""". tx=·=u=s/'""""c'""'o=m,.,p=li=an=c=e""'/fi=el=d'--""'op"""'s"'"""/ e=a""'p""p'-"/m=ap~d=i=sc=la:::!i""'m~e~r.""h""'tm~l, can be used to determine where
the recharge zone is located.
Edwards Aquifer Contributing Zone -The area or watershed where runoff from precipitation flows
downgradient to the recharge zone of the Edwards Aquifer. The contributing zone is located upstream
(upgradient) and generally north and northwest of the recharge zone for the following counties: all areas
within Kinney County, except the area within the watershed draining to Segment 2304 of the Rio Grande
Basin; all areas within Uvalde, Medina, Bexar, and Comal Counties; all areas within Hays and Travis
Counties, except the area within the watersheds draining to the Colorado River above a point 1.3 miles
upstream from Tom Miller Dam, Lake Austin at the confluence of Barrow Brook Cove, Segment 1403 of
the Colorado River Basin; and all areas within Williamson County, except the area within the watersheds
draining to the Lampasas River above the dam at Stillhouse Hollow reservoir, Segment 1216 of the Brazos
River Basin. The contributing zone is illustrated on the Edwards Aquifer map viewer at
http://www. tceq.sta te. tx. us/ compliance/field ops/ eapp/mapdisclaimer .html.
Facility or Activity-For the purpose of this permit, a construction site or construction support activity that
is regulated under this general permit, including all contiguous land and fixtures (e.g., ponds and materials
stockpiles), structures, or appurtances used at a construction site or industrial site described by this general
permit.
Final Stabilization -A construction site status where any of the following conditions are met:
(a) All soil disturbing activities at the site have been completed and a uniform (i .e., evenly
distributed, without large bare areas) perennial vegetative cover with a density of at least
70% of the native background vegetative cover for the area has been established on all
unpaved areas and areas not covered by permanent structures, or equivalent permanent
stabilization measures (such as the use of riprap, gabions, or geotextiles) have been
employed.
(b) For individual lots in a residential construction site by either:
(1) the homebuilder completing final stabilization as specified in condition (a) above; or
(2) the homebuilder establishing temporary stabilization for an individual lot prior to the
time of transfer of the ownership of the home to the buyer and after informing the
homeowner of the need for, and benefits of, final stabilization. If temporary
stabilization is not feasible, then the homebuilder may fulfill this requirement by
retaining perimeter controls or other best management practices, and informing the
homeowner of the need for removal of temporary controls and the establishment of
final stabilization.
(c) For construction activities on land used for agricultural purposes (e.g. pipelines across crop
or range land), final stabilization may be accomplished by returning the disturbed land to its
preconstruction agricultural use. Areas disturbed that were not previously used for
agricultural activities, such as buffer strips immediately adjacent to surface water and areas
that are not being returned to their preconstruction agricultural use must meet the final
stabilization conditions of condition (a) above.
Page 5
Construction General Permit TPDES General Permit TXRl 50000
( d) In arid, semi-arid, and drought-stricken areas only, all soil disturbing activities at the site
have been completed and both of the following criteria have been met:
(1) Temporary erosion control measures (e.g., degradable rolled erosion control product)
are selected, designed, and installed along with an appropriate seed base to provide
erosion control for at least three years without active maintenance by the operator,
and
(2) The temporary erosion control measures are selected, designed, and installed to
achieve 70 percent vegetative coverage within three years.
Hyperchlorination of Waterlines -Treatment of potable water lines or tanks with chlorine for disinfection
purposes, typically following repair or partial replacement of the waterline or tank, and subsequently
flushing the contents.
Indian Country Land-(from 40CFR122.2) (1) all land within the limits of any Indian reservation under
the jurisdiction of the United States government, notwithstanding the issuance of any patent, and, including
rights-of-way running through the reservation; (2) all dependent Indian communities with the borders of the
United States whether within the originally or subsequently acquired territory thereof, and whether within or
without the limits of a state; and (3) all Indian allotments, the Indian titles to which have not been
extinguished, including rights-of-way running through the same.
Indian Tribe -(from 40 CFR 122.2) any Indian Tribe, band, group, or community recognized by the
Secretary of the Interior and exercising governmental authority over a Federal Indian Reservation.
Large Construction Activity -Construction activities including clearing, grading, and excavating that
result in land disturbance of equal to or greater than five (5) acres ofland. Large construction activity also
includes the disturbance of less than five (5) acres of total land area that is part of a larger common plan of
development or sale if the larger common plan will ultimately disturb equal to or greater than five (5) acres
ofland. Large construction activity does not include routine maintenance that is performed to maintain the
original line and grade, hydraulic capacity, or original purpose of the site (e.g., the routine grading of
existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and
similar maintenance activities.)
Municipal Separate Storm Sewer System (MS4) -A separate storm sewer system owned or operated by
the United States, a state, city, town, county, district, association, or other public body (created by or
pursuant to state law) having jurisdiction over the disposal of sewage, industrial wastes, storm water, or
other wastes, including special districts under state law such as a sewer district, flood control or drainage
district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, that discharges to
surface water in the state.
Notice of Change (NOC) -Written notification to the executive director from a discharger authorized
under this permit, providing changes to information that was previously provided to the agency in a notice
of intent form.
Notice of Intent (NOI) -A written submission to the executive director from an applicant requesting
coverage under this general permit.
Page 6
Construction General Permit TPDES General Permit TXR150000
Notice of Termination (NOT) -A written submission to the executive director from a discharger
authorized under a general permit requesting termination of coverage.
Operator -The person or persons associated with a large or small construction activity that is either a
primary or secondary operator as defined below:
Primary Operator -the person or persons associated with a large or small construction activity that
meets either of the following two criteria:
(a) the person or persons have operational control over construction plans and specifications,
including the ability to make modifications to those plans and specifications; or
(b) the person or persons have day-to-day operational control of those activities at a construction
site that are necessary to ensure compliance with a storm water pollution prevention plan
(SWP3) for the site or other permit conditions (e.g., they are authorized to direct workers at a
site to carry out activities required by the SWP3 or comply with other permit conditions).
Secondary Operator -The person whose operational control is limited to the employment of other
operators or to the ability to approve or disapprove changes to plans and specifications. A secondary
operator is also defined as a primary operator and must comply with the permit requirements for
primary operators if there are no other operators at the construction site.
Outfall -For the purpose of this permit, a point source at the point where storm water runoff associated with
construction activity discharges to surface water in the state and does not include open conveyances
connecting two municipal separate storm sewers, or pipes, tunnels, or other conveyances that connect
segments of the same stream or other water of the U.S. and are used to convey waters of the U.S.
Permittee -An operator authorized under this general permit. The authorization may be gained through
submission of a notice of intent, by waiver, or by meeting the requirements for automatic coverage to
discharge storm water runoff and certain non-storm water discharges.
Point Source -(from 40CFR§122.2) Any discernible, confined, and discrete conveyance, including but
not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock
concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from
which pollutants are, or may be, discharged. This term does not include return flows from irrigated
agriculture or agricultural storm water runoff.
Pollutant -Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter
backwash, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into
any surface water in the state. The term "pollutant" does not include tail water or runoff water from
irrigation or rainwater runoff from cultivated or uncultivated rangeland, pastureland, and farmland. For the
purpose of this permit, the term "pollutant" includes sediment.
Pollution -(from Texas Water Code §26.001(14)) The alteration of the physical, thermal, chemical, or
biological quality of, or the contamination of, any surface water in the state that renders the water harmful,
detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety, or
welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
Page 7
Construction General Permit TPDES General Permit TXRl 50000
Rainfall Erosivity Factor (R factor) -the total annual erosive potential that is due to climatic effects, and
is part of the Revised Universal Soil Loss Equation (RUSLE).
Semiarid Areas -areas with an average annual rainfall of 10 to 20 inches
Separate Storm Sewer System - A conveyance or system of conveyances (including roads with drainage
systems, streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains), designed or used
for collecting or conveying storm water; that is not a combined sewer, and that is not part of a publicly
owned treatment works (POTW).
Small Construction Activity -Construction activities including clearing, grading, and excavating that
result in land disturbance of equal to or greater than one ( 1) acre and less than five ( 5) acres of land. Small
construction activity also includes the disturbance ofless than one (1) acre of total land area that is part of a
larger common plan of development or sale if the larger common plan will ultimately disturb equal to or
greater than one (1) and less than five ( 5) acres ofland. Small construction activity does not include routine
maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original
purpose of the site (e.g., the routine grading of existing dirt roads, asphalt overlays of existing roads, the
routine clearing of existing right-of-ways, and similar maintenance activities.)
Storm Water (or Storm Water Runoff) -Rainfall runoff, snow melt runoff, and surface runoff and
drainage.
Storm Water Associated with Construction Activity-Storm water runoff from a construction activity
where soil disturbing activities (including clearing, grading, excavating) result in the disturbance of one (1)
or more acres of total land area, or are part of a larger common plan of development or sale that will result in
disturbance of one ( 1) or more acres of total land area.
Structural Control (or Practice) - A pollution prevention practice that requires the construction of a
device, or the use of a device, to capture or prevent pollution in storm water runoff. Structural controls and
practices may include but are not limited to: silt fences, earthen dikes, drainage swales, sediment traps,
check dams, subsurface drains, storm drain inlet protection, rock outlet protection, reinforced soil retaining
systems, gabions, and temporary or permanent sediment basins.
Surface Water in the State -Lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks,
estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state (from
the mean high water mark (MHWM) out 10.36 miles into the Gulf), and all other bodies of surface water,
natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the beds and
banks of all water-courses and bodies of surface water, that are wholly or partially inside or bordering the
state or subject to the jurisdiction of the state; ex.cept that waters in treatment systems which are authorized
by state or federal law, regulation, or permit, and which are created for the purpose of waste treatment are
not considered to be water in the state.
Temporary Stabilization - A condition where exposed soils or disturbed areas are provided a protective
cover or other structural control to prevent the migration of pollutants. Temporary stabilization may include
temporary seeding, geotextiles, mulches, and other techniques to reduce or eliminate erosion until either
permanent stabilization can be achieved or until further construction activities take place.
Waters of the United States -(from 40 CFR, Part122, Section 2) Waters of the United States or waters of
the U.S. means:
Page 8
Construction General Permit TPDES General Permit TXRl 50000
(a) all waters which are currently used, were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of
the tide;
(b) all interstate waters, including interstate wetlands;
( c) all other waters such as intrastate lakes, rivers, streams (including intermittent streams),
mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural
ponds that the use, degradation, or destruction of which would affect or could affect
interstate or foreign commerce including any such waters:
(1) which are or could be used by interstate or foreign travelers for recreational or other
purposes;
(2) from which fish or shellfish are or could be taken and sold in interstate or foreign
commerce; or
(3) which are used or could be used for industrial purposes by industries in interstate
commerce;
( d) all impoundments of waters otherwise defined as waters of the United States under this
definition;
( e) tributaries of waters identified in paragraphs (a) through ( d) of this definition;
(f) the territorial sea; and
(g) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in
paragraphs (a) through (f) of this definition.
Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of
CW A (other than cooling ponds as defined in 40 CFR §423 .11 (m) which also meet the criteria of
this definition) are not waters of the United States. This exclusion applies only to manmade bodies
of water which neither were originally created in waters of the United States (such as disposal area
in wetlands) nor resulted from the impoundment of waters of the United States. Waters of the
United States do not include prior converted cropland. Notwithstanding the determination of an
area's status as prior converted cropland by any other federal agency, for the purposes of the Clean
Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA.
Part II. Permit Applicability and Coverage
Section A.
1.
Discharges Eligible for Authorization
Storm Water Associated with Construction Activity
Discharges of storm water runoff from small and large construction activities may be
authorized under this general permit.
Page 9
Construction General Permit TPDES General Permit TXR150000
2. Discharges of Storm Water Associated with Construction Support Activities
Examples of construction support activities include, but are not limited to, concrete batch
plants, rock crushers, asphalt batch plants, equipment staging areas, material storage yards,
material borrow areas, and excavated material disposal areas. Discharges of storm water
runoff from construction support activities may be authorized under this general permit,
provided that the following conditions are met:
(a) the activities are located within one (1)-mile from the boundary of the permitted
construction site and directly support the construction activity;
(b) a storm water pollution prevention plan is developed according to the provisions of
this general permit and includes appropriate controls and measures to reduce erosion
and discharge of pollutants in storm water runoff from the construction support
activities; and
( c) the construction support activities either do not operate beyond the completion date
of the construction activity or are authorized under separate TPDES authorization.
Separate TPDES authorization may include the TPDES Multi Sector General Permit,
TXR050000 (related to storm water discharges associated with industrial activity),
separate authorization under this general permit if applicable, coverage under an
alternative general permit if available, or authorization under an individual water
quality permit.
3. Non-Storm Water Discharges
The following non-storm water discharges from sites authorized under this general permit
are also eligible for authorization under this general permit:
(a) discharges from fire fighting activities (fire fighting activities do not include washing
of trucks, run-off water from training activities, test water from fire suppression
systems, and similar activities);
(b) uncontaminated fire hydrant flushings (excluding discharges of hyperchlorinated
water, unless the water is first dechlorinated and discharges are not expected to
adversely affect aquatic life), which include flushings from systems that utilize
potable water, surface water, or groundwater that does not contain additional
pollutants (uncontaminated fire hydrant flushings do not include systems utilizing
reclaimed wastewater as a source water);
( c) water from the routine external washing of vehicles, the external portion of buildings
or structures, and pavement, where detergents and soaps are not used and where
spills or leaks of toxic or hazardous materials have not occurred (unless spilled
materials have been removed; and iflocal state, or federal regulations are applicable,
the materials are removed according to those regulations), and where the purpose is
to remove mud, dirt, or dust;
( d) uncontaminated water used to control dust;
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Construction General Permit TPDES General Permit TXR150000
( e) potable water sources including waterline flushings (excluding discharges of
hyperchlorinated water, unless the water is first dechlorinated and discharges are not
expected to adversely affect aquatic life);
(f) uncontaminated air conditioning condensate;
(g) uncontaminated ground water or spring water, including foundation or footing drains
where flows are not contaminated with industrial materials such as solvents; and
(h) lawn watering and similar irrigation drainage.
4. Other Permitted Discharges
Section B.
Any discharge authorized under a separate NPDES, TPDES, or TCEQ permit may be
combined with discharges authorized by this general permit, provided those discharges
comply with the associated permit.
Concrete Truck Wash Out
The washout of concrete trucks associated with off-site production facilities may be conducted at
regulated construction sites in accordance with the requirements of Part V of this general permit.
Section C.
1.
Limitations on Permit Coverage
Post Construction Discharges.
Discharges that occur after construction activities have been completed, and after the
construction site and any supporting activity site have undergone final stabilization, are not
eligible for coverage under this general permit. Discharges originating from the sites are not
authorized under this general permit following the submission of the notice of termination
(NOT) for the construction activity.
2. Prohibition of Non-Storm Water Discharges
Except as otherwise provided in Part II.A. of this general permit, only discharges that are
composed entirely of storm water associated with construction activity may be authorized
under this general permit.
3. Compliance With Water Quality Standards
Discharges to surface water in the state that would cause or contribute to a violation of water
quality standards or that would fail to protect and maintain existing designated uses are not
eligible for coverage under this general permit. The executive director may require an
application for an individual permit or alternative general permit (see Parts II.H.2. and 3.) to
authorize discharges to surface water in the state from any activity that is determined to
cause a violation of water quality standards or is found to cause, or contribute to, the loss of
a designated use. The executive director may also require an application for an individual
permit considering factors described in Part II.H.2. of this general permit.
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Construction General Permit TPDES General Permit TXR150000
4. Discharges to Water Quality-Impaired Receiving Waters.
New sources or new discharges of the constituents of concern to impaired waters are not
authorized by this permit unless otherwise allowable under 30 TAC Chapter 305 and
applicable state law. Impaired waters are those that do not meet applicable water quality
standards and are listed on the EPA approved Clean Water Act Section 303(d) list.
Constituents of concern are those for which the water body is listed as impaired.
Discharges of the constituents of concern to impaired water bodies for which there is a total
maximum daily load (TMDL) are not eligible for this permit unless they are consistent with
the approved TMDL. Permittees must incorporate the limitations, conditions, and
requirements applicable to their discharges, including monitoring frequency and reporting
required by TCEQ rules, into their storm water pollution prevention plan in order to be
eligible for coverage under this general permit.
5. Discharges to the Edwards Aquifer Recharge Zone
Discharges cannot be authorized by this general permit where prohibited by 30 Texas
Administrative Code (TAC) Chapter 213 (relating to Edwards Aquifer). In addition,
commencement of construction (i.e., the initial disturbance of soils associated with
clearing, grading, or excavating activities, as well as other construction-related
activities such as stockpiling of fill material and demolition) at a site regulated under 30
TAC Chapter 213, may not begin until the appropriate Edwards Aquifer Protection
Plan has been approved by the TCEQ's Edwards Aquifer Protection Program.
(a) For new discharges located within the Edwards Aquifer Recharge Zone, or within
that area upstream from the recharge zone and defined as the Contributing Zone,
operators must meet all applicable requirements of, and operate according to, 30
TAC Chapter 213 (Edwards Aquifer Rule) in addition to the provisions and
requirements of this general permit.
(b) For existing discharges located within the Edwards Aquifer Recharge Zone, the
requirements of the agency-approved Water Pollution Abatement Plan under the
Edwards Aquifer Rules are in addition to the requirements of this general permit.
BMPs and maintenance schedules for structural storm water controls, for example,
may be required as a provision of the rule. All applicable requirements of the
Edwards Aquifer Rule for reductions of suspended solids in storm water runoff are in
addition to the requirements in this general permit for this pollutant.
For discharges from large construction activities located on the Edwards Aquifer recharge
zone or the Edwards Aquifer contributing zone, applicants must submit a copy of the NOI to
the appropriate TCEQ regional office. For discharges from small construction activities
located on the Edwards Aquifer recharge zone or the Edwards Aquifer contributing zone,
and for discharges from large construction activities by operators not required to submit an
NOI under this general permit, applicants must submit a copy of the construction site notice
to the appropriate TCEQ regional office where required by the Edwards Aquifer Rules at 30
TAC Chapter 213:
Cow1ties: Contact:
Page 12
Construction General Permit
Comal, Bexar, Medina, Uvalde,
and Kinney
Williamson, Travis, and Hays
TPDES General Permit TXR150000
TCEQ
Water Program Manager
San Antonio Regional Office
14250 Judson Rd.
San Antonio, Texas
(210) 490-3096
TCEQ
Water Program Manager
Austin Regional Office
2800 South IH 35 , Suite 100
Austin, Texas 78704-5712
(512) 339-2929
6. Discharges to Specific Watersheds and Water Quality Areas
Discharges otherwise eligible for coverage cannot be authorized by this general permit
where prohibited by 30 TAC Chapter 311 (relating to Watershed Protection) for water
quality areas and watersheds.
7. Protection of Streams and Watersheds by Other Governmental Entities
This general permit does not limit the authority or ability of federal, other state, or local
governmental entities from placing additional or more stringent requirements on construction
activities or discharges from construction activities. For example, this permit does not limit
the authority of a home-rule municipality provided by Texas Local Government Code
§401.002.
8. Indian Country Lands
Storm water runoff from construction activities occurring on Indian Country lands are not
under the authority of the TCEQ and are not eligible for coverage under this general permit.
If discharges of storm water require authorization under federal National Pollutant Discharge
Elimination System (NPDES) regulations, authority for these discharges must be obtained
from the U.S. Environmental Protection Agency (EPA).
9. Oil and Gas Production
Storm water runoff from construction activ1ties associated with the exploration,
development, or production of oil or gas or geothermal resources, including transportation of
crude oil or natural gas by pipeline, are not under the authority of the TCEQ and are not
eligible for coverage under this general permit. If discharges of storm water require
authorization under federal NPDES regulations, authority for these discharges must be
obtained from the EPA.
10. Storm Water Discharges from Agricultural Activities
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Construction General Permit TPDES General Permit TXR150000
Storm water discharges from agricultural activities that are not point source discharges of
storm water are not subject to TPDES permit requirements. These activities may include
clearing and cultivating ground for crops, construction of fences to contain livestock,
construction of stock ponds, and other similar agricultural activities. Discharges of storm
water runoff associated with the construction of facilities that are subject to TPDES
regulations, such as the construction of confined animal feeding operations, would be point
sources regulated under this general permit.
11 . Other
Section D.
1.
Nothing in Part II of the general permit is intended to negate any person's ability to assert
the force majeure (act of God, war, strike, riot, or other catastrophe) defenses found in 30
TAC§ 70.7.
Deadlines for Obtaining Authorization to Discharge
Large Construction Activities
(a) New Construction -Discharges from sites where the commencement of construction
occurs on or after the effective date of this general permit must be authorized, either
under this general permit or a separate TPDES permit, prior to the commencement of
those construction activities.
(b) Ongoing Construction -Operators of large construction activities continuing to
operate after the effective date of this permit, and authorized under TPDES general
permit TXR150000 (issued March 5, 2003), must submit an NOI to renew
authorization under this general permit within 90 days of the effective date of this
general permit. During this interim period, as a requirement of this TPDES permit,
the operator must continue to meet the conditions and requirements of the previous
TPDES permit.
2. Small Construction Activities
Section E.
(a) New Construction -Discharges from sites where the commencement of construction
occurs on or after the effective date of this general permit must be authorized, either
under this general permit or a separate TPDES permit, prior to the commencement of
those construction activities.
(b) Ongoing Construction -Discharges from ongoing small construction activities that
commenced prior to the effective date of this general permit, and that would not meet
the conditions to qualify for termination of this permit as described in Part II.E. of
this general permit, must meet the requirements to be authorized, either under this
general permit or a separate TPDES permit, within 90 days of the effective date of
this general permit. During this interim period, as a requirement of this TPDES
permit, the operator must continue to meet the conditions and requirements of the
previous TPDES permit.
Obtaining Authorization to Discharge
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Construction General Permit TPDES General Permit TXR150000
1. Automatic Authorization for Small Construction Activities With Low Potential for Erosion:
If all of the following conditions are met, then a small construction activity is determined to
occur during periods of low potential for erosion, and a site operator may be automatically
authorized under this general permit without being required to develop a storm water
pollution prevention plan or submit a notice of intent (NOI):
(a) the construction activity occurs in a county listed in Appendix A;
(b) the construction activity is initiated and completed, including either final or
temporary stabilization of all disturbed areas, within the time frame identified in
Appendix A for the location of the construction site;
( c) all temporary stabilization is adequately maintained to effectively reduce or prohibit
erosion, permanent stabilization activities have been initiated, and a condition of
final stabilization is completed no later than 30 days following the end date of the
time frame identified in Appendix A for the location of the construction site;
( d) the permittee signs a completed construction site notice (Attachment 1 of this general
permit), including the certification statement;
(e) a signed copy of the construction site notice is posted at the construction site in a
location where it is readily available for viewing by the general public, local, state,
and federal authorities prior to commencing construction activities, and maintained
in that location until completion of the construction activity;
(f) a copy of the signed and certified construction site notice is provided to the operator
of any municipal separate storm sewer system (MS4) receiving the discharge at least
two days prior to commencement of construction activities;
(g) any supporting concrete batch plant or asphalt batch plant is separately authorized for
discharges of storm water runoff or other non-storm water discharges under an
individual TPDES permit, another TPDES general permit, or under an individual
TCEQ permit where storm water and non-storm water is disposed of by evaporation
or irrigation (discharges are adjacent to water in the state); and
(h) any non-storm water discharges are either authorized under a separate permit or
authorization, or are not considered to be a wastewater.
Part II.G. of this general permit describes how an operator may apply for and obtain a waiver
from permitting, for certain small construction activities that occur during a period with a
low potential for erosion, where automatic authorization under this section is not available.
2. Automatic Authorization For All Other Small Construction Activities:
Operators of small construction activities not described in Part II.E.1. above may be
automatically authorized under this general permit, and operators of these sites shall not be
required to submit an NOI, provided that they meet all of the following conditions:
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Construction General Permit TPDES General Permit TXR150000
(a) develop a SWP3 according to the provisions of this general permit, that covers either
the entire site or all portions of the site for which the applicant is the operator, and
implement that plan prior to commencing construction activities;
(b) sign and certify a completed construction site notice (Attachment 2 of this general
permit), post the notice at the construction site in a location where it is safely and
readily available for viewing by the general public, local, state, and federal
authorities, prior to commencing construction, and maintain the notice in that
location until completion of the construction activity (for linear construction
activities, e.g. pipeline or highway, the site notice must be placed in a publicly
accessible location near where construction is actively underway; notice for these
linear sites may be relocated, as necessary, along the length of the project, and the
notice must be safely and readily available for viewing by the general public; local,
state, and federal authorities); and
( c) provide a copy of the signed and certified construction site notice to the operator of
any municipal separate storm sewer system receiving the discharge at least two days
prior to commencement of construction activities.
Operators of small construction activities as defined in Part I of this general permit shall not
submit an NOI for coverage unless otherwise required by the executive director.
As described in Part I (Definitions) of this general permit, large construction activities
include those that will disturb less than five (5) acres of land, but that are part of a larger
common plan of development or sale that will ultimately disturb five (5) or more acres of
land, and must meet the requirements of Part II.E.3. below.
3. Authorization for Large Construction Activities:
Operators oflarge construction activities that qualify for coverage under this general permit
must meet all of the following conditions:
(a) develop a SWP3 according to the provisions of this general permit that covers either
the entire site or all portions of the site for which the applicant is the operator, and
implement that plan prior to commencing construction activities;
(b) primary operators must submit a Notice of Intent (NOI), using a form provided by
the executive director, at least seven (7) days prior to commencing construction
activities, or if utilizing electronic submittal, prior to commencing construction
activities. If an additional primary operator is added after the initial NOI is
submitted, the new primary operator must submit an NOI at least seven (7) days
before assuming operational control, or ifutilizing electronic NOI submittal, prior to
assuming operational control. If the primary operator changes after the initial NOi is
submitted, the new primary operator must submit a paper NOi or an electronic NOI
at least ten (10) days before assuming operational control;
(c) all primary operators must also post a copy of the signed NOI at the construction site
in a location where it is readily available for viewing by the general public, local,
Page 16
Construction General Permit TPDES General Permit TXR150000
state, and federal authorities prior to commencing construction activities, and must
maintain the NOI in that location until completion of the construction activity;
( d) all operators of large construction activities must post a site notice in accordance
with Part III.D.2. of this permit. The site notice must be located where it is safely
and readily available for viewing by the general public, local, state, and federal
authorities prior to commencing construction, and must be maintained in that
location until completion of the construction activity (for linear construction
activities, e.g. pipeline or highway, the site notice must be placed in a publicly
accessible location near where construction is actively underway; notice for these
linear sites may be relocated, as necessary, along the length of the project, and the
notice must be safely and readily available for viewing by the general public; local,
state, and federal authorities); and
( e) all primary operators must provide a copy of the signed NOI to the operator of any
municipal separate storm sewer system (MS4) receiving the discharge and to any
secondary operator, at least seven (7) days prior to commencing construction
activities, and must list in the SWP3 the names and addresses of all MS4 operators
rece1vmg a copy.
(f) All persons meeting the definition of"secondary operator" in Part I of this pe1mit are
hereby notified that they are regulated under this general permit, but are not required
to submit an NOI, provided that another operator(s) at the site has submitted an NOI,
or is required to submit an NOI and the secondary operator has provided notification
to the operator(s) of the need to obtain coverage (with records of notification
available upon request). Any secondary operator notified under this provision may
alternatively submit an NOI under this general permit, may seek coverage under an
alternative TPDES individual permit, or may seek coverage under an alternative
TPDES general permit if available.
4. Waivers for Small Construction Activities:
Part ILG. describes how operators of certain small construction activities may obtain a
waiver from coverage.
5. Effective Date of Coverage
(a) Operators of small construction activities as described in either Part II.E.1. or II.E.2.
above are authorized immediately following compliance with the applicable
conditions of Part 11.E.1. or II.E.2. Secondary operators of large construction
activities as described in Part II.E.3. above are authorized immediately following
compliance with the applicable conditions in Part II.E.3. For activities located in
areas regulated by 30 TAC Chapter 213, related to the Edwards Aquifer, this
authorization to discharge is separate from the requirements of the operator's
responsibilities under that rule. Construction may not commence for sites regulated
under 30 TAC Chapter 213 until all applicable requirements of that rule are met.
(b) Primary operators oflarge construction activities as described in Part II.E.3. above
are provisionally authorized seven (7) days from th e date that a completed NOI is
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Construction General Permit TPDES General Permit TXRI 50000
postmarked for delivery to the TCEQ, unless otherwise notified by the executive
director. If electronic submission of the NOI is provided, and unless otherwise
notified by the executive director, primary operators are authorized immediately
following confirmation of receipt of the NOI by the TCEQ. Authorization is non-
provisional when the executive director finds the NOI is administratively complete
and an authorization number is issued for the activity. For activities located in areas
regulated by 30 TAC Chapter 213, related to the Edwards Aquifer, this authorization
to discharge is separate from the requirements of the operator's responsibilities under
that rule. Construction may not commence for sites regulated under 30 TAC Chapter
213 until all applicable requirements of that rule are met.
( c) Operators are not prohibited from submitting late NO Is or posting late notices to
obtain authorization under this general permit. The TCEQ reserves the right to take
appropriate enforcement actions for any unpermitted activities that may have
occurred between the time construction commenced and authorization was obtained.
6. Notice of Change (NOC)
If relevant information provided in the NOI changes, an NOC must be submitted at least 14
days before the change occurs, if possible. Where 14-day advance notice is not possible, the
operator must submit an NOC within 14 days of discovery of the change. If the operator
becomes aware that it failed to submit any relevant facts or submitted incorrect information
in an NOI, the correct information must be provided to the executive director in an NOC
within 14 days after discovery. The NOC shall be submitted on a form provided by the
executive director, or by letter if an NOC form is not available. A copy of the NOC must
also be provided to the operator of any MS4 receiving the discharge, and a list must be
included in the SWP3 that includes the names and addresses of all MS4 operators receiving a
copy.
Information that may be included on an NOC includes, but is not limited to, the following:
the description of the construction project, an increase in the number of acres disturbed (for
increases of one or more acres), or the operator name. A transfer of operational control from
one operator to another, including a transfer of the ownership of a company, may not be
included in an NOC. A transfer of ownership of a company includes changes to the
structure of a company, such as changing from a partnership to a corporation or changing
corporation types, so that the filing number (or charter number) that is on record with the
Texas Secretary of State must be changed.
An NOC is not required for notifying TCEQ of a decrease in the number of acres disturbed.
This information must be included in the storm water pollution prevention plan (SWP3) and
retained on site.
7. Signatory Requirement for NOI Forms, Notice of Termination (NOT) Forms, NOC Letters,
and Construction Site Notices
NOI forms, NOT forms, NOC letters, and Construction Site Notices that require a signature
must be signed according to 30 TAC§ 305.44 (relating to Signatories for Applications).
8. Contents of the NOI
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Construction General Permit TPDES General Permit TXR150000
Section F.
1.
The NOI form shall require, at a minimum, the following information:
(a) the TPDES CGP authorization number for existing authorizations under this general
permit, where the operator submits an NOI to renew coverage within 90 days of the
effective date of this general permit;
(b) the name, address, and telephone number of the operator filing the NOI for permit
coverage;
(c) the name (or other identifier), address, county, and latitude/longitude of the
construction project or site;
( d) the number of acres that will be disturbed by the applicant;
(e) confirmation that the project or site will not be located on Indian Country lands;
(f) confirmation that a SWP3 has been developed, that it will be implemented prior to
construction, and that it is compliant with any applicable local sediment and erosion
control plans;
(g) name of the receiving water(s);
(h) the classified segment number for each classified segment that receives discharges
from the regulated construction activity (if the discharge is not directly to a classified
segment, then the classified segment number of the first classified segment that those
discharges reach); and
(i) the name of all surface waters receiving discharges from the regulated construction
activity that are on the latest EPA-approved CW A§ 303( d) list of impaired waters.
Terminating Coverage
Notice of Termination (NOT) Required
Each operator that has submitted an NOI for authorization under this general permit must
apply to terminate that authorization following the conditions described in this section of the
general permit. Authorization must be terminated by submitting a Notice of Termination
(NOT) on a form supplied by the executive director. Authorization to discharge under this
general permit terminates at midnight on the day the NOT is postmarked for delivery to the
TCEQ. If electronic submission of the NOT is provided, authorization to discharge under
this permit terminates immediately following confirmation of receipt of the NOT by the
TCEQ. Compliance with the conditions and requirements of this permit is required until an
NOT is submitted.
The NOT must be submitted to TCEQ, and a copy of the NOT provided to the operator of
any MS4 receiving the discharge (with a list in the SWP3 of the names and addresses of all
MS4 operators receiving a copy), within 30 days after any of the following conditions are
met:
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Construction General Permit TPDES General Permit TXRl 50000
(a) final stabilization has been achieved on all portions of the site that are the
responsibility of the permittee;
(b) a transfer of operational control has occurred (See Section II.F.4. below); or
(c) the operator has obtained alternative authorization under an individual TPDES
permit or alternative TPDES general permit.
2. Minimum Contents of the NOT
The NOT form shall require, at a minimum, the following information:
(a) if authorization was granted following submission of an NOI, the permittee's site-
specific TPDES authorization number for the construction site;
(b) an indication of whether the construction activity is completed or if the permittee is
simply no longer an operator at the site;
(c) the name, address, and telephone number of the permittee submitting the NOT;
( d) the name (or other identifier), address, county, and latitude/longitude of the
construction project or site; and
( e) a signed certification that either all storm water discharges requiring authorization
under this general permit will no longer occur, or that the applicant to terminate
coverage is no longer the operator of the facility or construction site, and that all
temporary structural erosion controls have either been removed, will be removed on
a schedule defined in the SWP3, or have been transferred to a new operator if the
new operator has applied for permit coverage. Erosion controls that are designed to
remain in place for an indefinite period, such as mulches and fiber mats, are not
required to be removed or scheduled for removal.
3. Termination of Coverage for Small Construction Sites and for Secondary Operators at Large
Construction Sites
Each operator that has obtained automatic authorization and has not been required to submit
an NOI must remove the site notice upon meeting any of the conditions listed below,
complete the applicable portion of the site notice related to removal of the site notice, and
submit a copy of the completed site notice to the operator of any MS4 receiving the
discharge (or provide alternative notification as allowed by the MS4 operator, with
documentation of such notification included in the SWP3), within 30 days of meeting any of
the following conditions:
(a) final stabilization has been achieved on all portions of the site that are the
responsibility of the permittee;
(b) a transfer of operational control has occurred (See Section II.F .4. below); or
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Construction General Permit TPDES General Permit TXRl 50000
( c) the operator has obtained alternative authorization under an individual or general
TPDES permit.
Authorization to discharge under this general permit terminates immediately upon removal
of the applicable site notice. Compliance with the conditions and requirements of this permit
is required until the site notice is removed.
4. Transfer of Operational Control
Coverage under this general permit is not transferable. A transfer of operational control
includes changes to the structure of a company, such as changing from a partnership to a
corporation, or changing to a different corporation type such that a different filing (or
charter) number is established with the Texas Secretary of State.
When the primary operator of a large construction activity changes or operational control is
transferred, the original operator must submit a Notice of Termination (NOT) within ten (10)
days prior to the date that responsibility for operations terminates, and the new operator must
submit an NOi at least ten (10) days prior to the transfer of operational control, in
accordance with condition (a) or (b) below. A copy of the NOT must be provided to the
operator of any MS4 receiving the discharge in accordance with Section 11.F.1. above.
Operators of regulated construction activities who are not required to submit an NOI must
remove the original site notice, and the new operator must post the required site notice prior
to the transfer of operational control, in accordance with condition (a) or (b) below. A copy
of the completed site notice must be provided to the operator of any MS4 receiving the
discharge, in accordance with Section 11.F.3. above.
A transfer of operational control occurs when either of the following criteria is met:
(a) Another operator has assumed control over all areas of the site that have not been
fmally stabilized; and all silt fences and other temporary erosion controls have either
been removed, scheduled for removal as defined in the SWP3, or transferred to a new
operator, provided that the permitted operator has attempted to notify the new
operator in writing of the requirement to obtain permit coverage. Record of this
notification (or attempt at notification) shall be retained by the operator in
accordance with Part VI of this permit. Erosion controls that are designed to remain
in place for an indefinite period, such as mulches and fiber mats, are not required to
be removed or scheduled for removal.
(b) A homebuilder has purchased one or more lots from an operator who obtained
coverage under this general permit for a common plan of development or sale. The
homebuilder is considered a new operator and shall comply with the requirements
listed above, including the development of a SWP3 if necessary. Under these
circumstances, the homebuilder is only responsible for compliance with the general
permit requirements as they apply to lot(s) it has operational control over, and the
original operator remains responsible for common controls or discharges, and must
amend its SWP3 to remove the lot(s) transferred to the homebuilder.
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Construction General Permit TPDES General Permit TXRl 50000
Section G. Waivers from Coverage
The executive director may waive the otherwise applicable requirements of this general permit for
storm water discharges from small construction activities under the terms and conditions described
in this section.
1. Waiver Applicability and Coverage
Operators of small construction activities may apply for and receive a waiver from the
requirements to obtain authorization under this general permit, where all of the following
conditions are met. This waiver from coverage does not apply to non-storm water
discharges. The operator must insure that any non-storm water discharges are either
authorized under a separate permit or authorization, or are not considered to be a wastewater.
(a) the calculated rainfall erosivity (R) factor for the entire period of the construction
project is less than five (5);
(b) the operator submits to the TCEQ a signed waiver certification form, supplied by the
executive director, certifying that the construction activity will commence and be
completed within a period when the value of the calculated rainfall erosivity R factor
is less than five (5); and
( c) the waiver certification form is postmarked for delivery to the TCEQ at least two (2)
days before construction activity begins.
2. Steps to Obtaining a Waiver
The construction site operator may calculate the R factor to request a waiver using the
following steps:
(a) Estimate the construction start date and the construction end date. The construction
end date is the date that final stabilization will be achieved.
(b) Find the appropriate Erosivity Index (EI) zone in Appendix B of this permit.
(c) Find the EI percentage for the project period by adding the results for each period of
the project using the table provided in Appendix D of this permit, in EPA Fact Sheet
2.1, or in USDA Handbook 703, by subtracting the start value from the end value to
find the percent EI for the site.
(d) Refer to the Isoerodent Map (Appendix C of this permit) and interpolate the annual
isoerodent value for the proposed construction location.
( e) Multiply the percent value obtained in Step ( c) above by the annual isoerodent value
obtained in Step ( d). This is the R factor for the proposed project. If the value is less
than 5, then a waiver may be obtained. If the value is five (5) or more, then a waiver
may not be obtained, and the operator must obtain coverage under Part II.E.2. of this
permit.
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Construction General Permit TPDES General Permit TXR150000
Alternatively, the operator may calculate a site-specific R factor utilizing the following
online calculator: http://ei.tamu.edu/index.html, or using another available resource.
The waiver certification form is not required to be posted at the small construction site.
3. Effective Date of Waiver
Operators of small construction activities are provisionally waived from the otherwise
applicable requirements of this general permit two (2) days from the date that a completed
waiver certification form is postmarked for delivery to TCEQ.
4. Activities Extending Beyond the Waiver Period
Section H.
1.
If a construction activity extends beyond the approved waiver period due to circumstances
beyond the control of the operator, the operator must either:
(a) recalculate the rainfall erosivity (R) factor using the original start date and a new
projected ending date, and ifthe R factor is still under five (5), submit a new waiver
certification form at least two (2) days before the end of the original waiver period;
or
(b) obtain authorization under this general permit according to the requirements
delineated in either Part II.E.2. or Part II.E.3. at least two (2) days before the end of
the approved waiver period.
Alternative TPDES Permit Coverage
Individual Permit Alternative
Any discharge eligible for coverage under this general permit may alternatively be
authorized under an individual TPDES permit according to 30 TAC Chapter 305 (relating to
Consolidated Permits). Applications for individual permit coverage should be submitted at
least three hundred and thirty (330) days prior to commencement of construction activities to
ensure timely issuance.
2. Individual Permit Required
The executive director may suspend an authorization or deny an NOI in accordance with the
procedures set forth in 30 TAC Chapter 205 (relating to General Permits for Waste
Discharges), including the requirement that the executive director provide written notice to
the permittee. The executive director may require an operator of a construction site,
otherwise eligible for authorization under this general permit, to apply for an individual
TPDES permit in the following circumstances:
(a) the conditions of an approved total maximum daily load (TMDL) limitation or
TMDL implementation plan on the receiving stream;
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Construction General Permit TPDES General Permit TXR150000
3.
Section I.
1.
2.
3.
(b) the activity being determined to cause a violation of water quality standards or being
found to cause, or contribute to, the loss of a designated use of surface water in the
state: and
(c) any other consideration defined in 30 TAC Chapter 205 (relating to General Permits
for Waste Discharges) including 30 TAC §205.4(c)(3)(D), which allows the
commission to deny authorization under the general permit and require an individual
permit if a discharger "has been determined by the executive director to have been
out of compliance with any rule, order, or permit of the commission, including non-
payment of fees assessed by the executive director."
Additionally, the executive director may cancel, revoke, or suspend authorization to
discharge under this general permit based on a finding of historical and significant
noncompliance with the provisions of this general permit, relating to 30 TAC §60.3 (Use of
Compliance History). Denial of authorization to discharge under this general permit or
suspension of a permittee's authorization under this general permit shall be done according
to commission rules in 30 TAC, Chapter 205 (relating to General Permits for Waste
Discharges).
Any discharge eligible for authorization under this general permit may alternatively be
authorized under a separate general permit according to 30 TAC Chapter 205 (relating to
General Permits for Waste Discharges), if applicable.
Permit Expiration
This general permit is issued for a term not to exceed five (5) years. All active discharge
authorizations expire on the date provided on page one (1) of this permit. Following public
notice and comment, as provided by 30 TAC §205.3 (relating to Public Notice, Public
Meetings, and Public Comment), the commission may amend, revoke, cancel, or renew this
general permit.
If the executive director publishes a notice of the intent to renew or amend this general
permit before the expiration date, the permit will remain in effect for existing, authorized
discharges until the commission takes final action on the permit. Upon issuance of a
renewed or amended permit, permittees may be required to submit an NOI within 90 days
following the effective date of the renewed or amended permit, unless that permit provides
for an alternative method for obtaining authorization.
If the commission does not propose to reissue this general permit within 90 days before the
expiration date, permittees shall apply for authorization under an individual permit or an
alternative general permit. If the application for an individual permit is submitted before the
expiration date, authorization under this expiring general permit remains in effect until the
issuance or denial of an individual permit. No new NOis will be accepted nor new
authorizations honored under the general permit after the expiration date.
Part III. Storm Water Pollution Prevention Plans (SWP3)
Storm water pollution prevention plans must be prepared to address discharges authorized under Parts II.E.2.
and II.E.3. that will reach Waters of the United States, including discharges to MS4s and privately owned
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Construction General Permit TPDES General Permit TXR150000
separate storm sewer systems that drain to Waters of the United States, to identify and address potential
sources of pollution that are reasonably expected to affect the quality of discharges from the construction
site, including off-site material storage areas, overburden and stockpiles of dirt, borrow areas, equipment
staging areas, vehicle repair areas, fueling areas, etc., used solely by the permitted project. The SWP3 must
describe the implementation of practices that will be used to minimize to the extent practicable the discharge
of pollutants in storm water associated with construction activity and non-storm water discharges described
in Part II.A.3., in compliance with the terms and conditions of this permit.
Individual operators at a site may develop separate SWP3s that cover only their portion of the project,
provided reference is made to the other operators at the site. Where there is more than one SWP3 for a site,
permittees must coordinate to ensure that BMPs and controls are consistent and do not negate or impair the
effectiveness of each other. Regardless of whether a single comprehensive SWP3 is developed or separate
SWP3s are developed for each operator, it is the responsibility of each operator to ensure compliance with
the terms and conditions of this general permit in the areas of the construction site where that operator has
control over construction plans and specifications or day-to-day operations.
Section A. Shared SWP3 Development
For more effective coordination ofBMPs and opportunities for cost sharing, a cooperative effort by
the different operators at a site is encouraged. Operators must independently obtain authorization,
but may work together to prepare and implement a single, comprehensive SWP3 for the entire
construction site.
1. The SWP3 must clearly list the name and, for large construction activities, the general permit
authorization numbers, for each operator that participates in the shared SWP3. Until the
TCEQ responds to receipt of the NOI with a general permit authorization number, the SWP3
must specify the date that the NOI was submitted to TCEQ by each operator. Each operator
participating in the shared plan must also sign the SWP3.
2. The SWP3 must clearly indicate which operator is responsible for satisfying each shared
requirement of the SWP3. If the responsibility for satisfying a requirement is not described
in the plan, then each permittee is entirely responsible for meeting the requirement within the
boundaries of the construction site where they perform construction activities. The SWP3
must clearly describe responsibilities for meeting each requirement in shared or common
areas.
Section B.
1.
Responsibilities of Operators
Secondary Operators and Primary Operators with Control Over Construction Plans and
Specifications
All secondary operators and primary operators with control over construction plans and
specifications must:
(a) ensure the project specifications allow or provide that adequate BMPs are developed
to meet the requirements of Part III of this general permit;
(b) ensure that the SWP3 indicates the areas of the project where they have control over
project specifications, including the ability to make modifications in specifications;
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Construction General Permit TPDES General Permit TXR150000
( c) ensure all other operators affected by modifications in project specifications are
notified in a timely manner so that those operators may modify their best
management practices as necessary to remain compliant with the conditions of this
general permit; and
( d) ensure that the SWP3 for portions of the project where they are operators indicates
the name and site-specific TPDES authorization numbers for permittees with the
day-to-day operational control over those activities necessary to ensure compliance
with the SWP3 and other permit conditions. If the party with day-to-day operational
control has not been authorized or has abandoned the site, the person with control
over project specifications is considered to be the responsible party until the
authority is transferred to another party and the SWP3 is updated.
2. Primary Operators with Day-to-Day Operational Control
Section C.
Primary Operators with day-to-day operational control of those activities at a project that are
necessary to ensure compliance with an SWP3 and other permit conditions must ensure that
the SWP3 accomplishes the following requirements:
(a) meets the requirements of this general permit for those portions of the project where
they are operators;
(b) identifies the parties responsible for implementation of best management practices
(BMPs) described in the SWP3;
( c) indicates areas of the project where they have operational control over day-to-day
activities; and
( d) includes, for areas where they have operational control over day-to-day activities, the
name and site-specific TPDES authorization number of the parties with control over
project specifications, including the ability to make modifications in specifications.
Deadlines for SWP3 Preparation, Implementation, and Compliance
The SWP3 must be prepared prior to obtaining authorization under this general permit, and
implemented prior to commencing construction activities that result in soil disturbance. The SWP3
must be prepared so that it provides for compliance with the terms and conditions of this general
permit.
Section D.
1.
Plan Review and Making Plans Available
The SWP3 must be retained on-site at the construction site or, if the site is inactive or does
not have an on-site location to store the plan, a notice must be posted describing the location
of the SWP3. The SWP3 must be made readily available at the time of an on-site inspection
to: the executive director; a federal, state, or local agency approving sediment and erosion
plans, grading plans, or storm water management plans; local government officials; and the
operator of a municipal separate storm sewer receiving discharges from the site.
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Construction General Permit TPDES General Permit TXRl 50000
2. In addition to the requirement to post the NOI, a primary operator of a large construction
activity must post the site notice provided in Attachment 4 of this permit near the main
entrance of the construction site. An operator of a small construction activity seeking
authorization under this general permit and a secondary operator of a large construction
activity must post the site notice required in Part II.E.1., 2., or 3. of this permit in order to
obtain authorization (see Attachments 1, 2, and 3). If the construction project is a linear
construction project (e.g. pipeline or highway), the notices must be placed in a publicly
accessible location near where construction is actively underway. Notices for these linear.
sites may be relocated, as necessary, along the length of the project. The notices must be
readily available for viewing by the general public; local, state, and federal authorities; and
contain the following information:
3.
Section E.
(a) the site-specific TPDES authorization number for the project if assigned;
(b) the operator name, contact name, and contact phone number;
( c) a brief description of the project; and
(d) the location of the SWP3.
This permit does not provide the general public with any right to trespass on a construction
site for any reason, including inspection of a site; nor does this permit require that pem1ittees
allow members of the general public access to a construction site.
Revisions and Updates to SWP3s
The permittee must revise or update the SWP3 whenever the following occurs:
1.
2 .
3.
Section F.
a change in design, construction, operation, or maintenance that has a significant effect on
the discharge of pollutants and that has not been previously addressed in the SWP3;
changing site conditions based on updated plans and specifications, new operators, new areas
of responsibility, and changes in BMPs; or
results of inspections or investigations by site operators, operators of a municipal separate
storm sewer system receiving the discharge, authorized TCEQ personnel, or a federal, state
or local agency approving sediment and erosion plans indicate the SWP3 is proving
ineffective in eliminating or significantly minimizing pollutants in discharges authorized
under this general permit.
Contents of SWP3
The SWP3 must include, at a minimum, the information described in this section.
1. A site or project description, which includes the following information:
(a) a description of the nature of the construction activity;
(b) a list of potential pollutants and their sources;
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Construction General Permit TPDES General Permit TXRl 50000
( c) a description of the intended schedule or sequence of activities that will disturb soils
for major portions of the site;
( d) the total number of acres of the entire property and the total number of acres where
construction activities will occur, including off-site material storage areas,
overburden and stockpiles of dirt, and borrow areas that are authorized under the
permittee's NOI;
( e) data describing the soil or the quality of any discharge from the site;
(f) a map showing the general location of the site (e.g. a portion of a city or county
map);
(g) a detailed site map (or maps) indicating the following:
(i) drainage patterns and approximate slopes anticipated after major grading
activities;
(ii) areas where soil disturbance will occur;
(iii) locations of all major structural controls either planned or in place;
(iv) locations where temporary or permanent stabilization practices are expected
to be used;
(v) locations of construction support activities, including off-site activities, that
are authorized under the permittee's NOI, including material, waste, borrow,
fill, or equipment storage areas;
(vi) surface waters (including wetlands) either at, adjacent, or in close proximity·
to the site;
(vii) locations where storm water discharges from the site directly to a surface
water body or a municipal separate storm sewer system; and
(viii) vehicle wash areas.
Where the amount of information required to be included on the map would result in
a single map being difficult to read and interpret, the operator shall develop a series
of maps that collectively include the required information.
(h) the location and description of support activities authorized under the permittee's
NOI, including asphalt plants, concrete plants, and other activities providing support
to the construction site that is authorized under this general permit;
(i) the name of receiving waters at or near the site that may be disturbed or that may
receive di scharges from disturbed areas of the project;
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Construction General Permit TPDES General Permit TXR150000
(j) a copy of this TPDES general permit, and
(k) the notice of intent (NOI) and acknowledgement certificate for primary operators of
large construction sites, and the site notice for small construction sites and for
secondary operators of large construction sites.
2. A description of the best management practices (BMPs) that will be used to minimize
pollution in runoff.
The description must identify the general timing or sequence for implementation. At a
minimum, the description must include the following components:
(a) General Requirements
(i) Erosion and sediment controls must be designed to retain sediment on-site to
the extent practicable with consideration for local topography, soil type, and
rainfall.
(ii) Control measures must be properly selected, installed, and maintained
according to the manufacturer's or designer's specifications.
(iii) Controls must be developed to minimize the offsite transport of litter,
construction debris, and construction materials.
(b) Erosion Control and Stabilization Practices
The SWP3 must include a description of temporary and permanent erosion control
and stabilization practices for the site, including a schedule of when the practices will
be implemented. Site plans should ensure that existing vegetation is preserved where
it is possible.
(i) Erosion control and stabilization practices may include but are not limited to:
establishment of temporary or permanent vegetation, mulching, geotextiles,
sod stabilization, vegetative buffer strips, protection of existing trees and
vegetation, slope texturing, temporary velocity dissipation devices, flow
diversion mechanisms, and other similar measures.
(ii) The following records must be maintained and either attached to or
referenced in the SWP3, and made readily available upon request to the
parties listed in Part III.D .1 of this general permit:
(A) the dates when major grading activities occur;
(B) the dates when construction activities temporarily or permanently
cease on a portion of the site; and
· (C) the dates when stabilization measures are initiated.
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Construction General Permit TPDES General Permit TXR150000
(iii) Erosion control and stabilization measures must be initiated as soon as
practicable in portions of the site where construction activities have
temporarily ceased. Stabilization measures that provide a protective cover
must be initiated as soon as practicable in portions of the site where
construction activities have permanently ceased. Except as provided in (A)
through (D) below, these measures must be initiated no more than 14 days
after the construction activity in that portion of the site has temporarily or
permanently ceased:
(A) Where the initiation of stabilization measures by the 14th day after
construction activity temporarily or permanently ceased is precluded
by snow cover or frozen ground conditions, stabilization measures
must be initiated as soon as practicable.
(B) Where construction activity on a portion of the site has temporarily
ceased, and earth disturbing activities will be resumed within 21
days, temporary erosion control and stabilization measures are not
required on that portion of site.
(C) In arid areas, semiarid areas, and areas experiencing droughts where
the initiation of stabilization measures by the 14th day after
construction activity has temporarily or permanently ceased or is
precluded by arid conditions, erosion control and stabilization
measures must be initiated as soon as practicable. Where vegetative
controls are not feasible due to arid conditions, the operator shall
install non-vegetative erosion controls. If non-vegetative controls are
not feasible, the operator shall install temporary sediment controls as
required in Paragraph (D) below.
(D) In areas where temporary stabilization measures are infeasible, the
operator may alternatively utilize temporary perimeter controls. The
operator must document in the SWP3 the reason why stabilization
measures are not feasible, and must demonstrate that the perimeter
controls will retain sediment on site to the extent practicable. The
operator must continue to inspect the BMPs at the frequency
established in Section III.F.7.(a) for unstabilized sites.
(iv) Final stabilization must be achieved prior to termination of permit coverage.
( c) Sediment Control Practices
The SWP3 must include a description of any sediment control practices used to
remove eroded soils from storm water runoff, including the general timing or
sequence for implementation of controls.
(i) Sites With Drainage Areas of Ten or More Acres
(A) Sedimentation Basin(s)
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Construction General Permit
(1)
TPDES General Permit TXRl 50000
A sedimentation basin is required, where feasible, for a
common drainage location that serves an area with ten (10) or
more acres disturbed at one time. A sedimentation basin may
be temporary or permanent, and must provide sufficient
storage to contain a calculated volume of runoff from a 2-
year, 24-hour storm from each disturbed acre drained. When
calculating the volume of runoff from a 2-year, 24-hour storm
event, it is not required to include the flows from offsite areas
and flow from onsite areas that are either undisturbed or have
already undergone permanent stabilization, if these flows are
diverted around both the disturbed areas of the site and the
sediment basin. Capacity calculations shall be included in the
SWP3.
(2) Where rainfall data is not available or a calculation cannot be
performed, the sedimentation basin must provide at least
3,600 cubic feet of storage per acre drained until final
stabilization of the site.
(3) If a sedimentation basin is not feasible, then the permittee
shall provide equivalent control measures until final
stabilization of the site. In determining whether installing a
sediment basin is feasible, the permittee may consider factors
such as site soils, slope, available area, public safety,
precipitation patterns, site geometry, site vegetation,
infiltration capacity, geotechnical factors, depth to
groundwater, and other similar considerations. The permittee
shall document the reason that the sediment basins are not
feasible, and shall utilize equivalent control measures, which
may include a series of smaller sediment basins.
(B) Perimeter Controls: At a minimum, silt fences, vegetative buffer
strips, or equivalent sediment controls are required for all down slope
boundaries of the construction area, and for those side slope
boundaries deemed appropriate as dictated by individual site
conditions.
(ii) Controls for Sites With Drainage Areas Less than Ten Acres:
(A) Sediment traps and sediment basins may be used to control solids in
storm water runoff for drainage locations serving less than ten (10)
acres. At a minimum, silt fences, vegetative buffer strips, or
equivalent sediment controls are required for all down slope
boundaries of the construction area, and for those side slope
boundaries deemed appropriate as dictated by individual site
conditions.
(B) Alternatively, a sediment basin that provides storage for a calculated
volume of runoff from a 2-year, 24-hour storm from each disturbed
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Construction General Permit TPDES General Permit TXR150000
acre drained may be utilized. Where rainfall data is not available or a
calculation cannot be performed, a temporary or permanent sediment
basin providing 3,600 cubic feet of storage per acre drained may be
provided. If a calculation is performed, then the calculation shall be
included in the SWP3.
3. A Description of Permanent Storm Water Controls
A description of any measures that will be installed during the construction process to
control pollutants in storm water discharges that may occur after construction operations
have been completed must be included in the SWP3. Permittees are only responsible for the
installation and maintenance of storm water management measures prior to final stabilization
of the site or prior to submission of an NOT.
4. Other Required Controls and BMPs
(a) Permittees shall minimize, to the extent practicable, the off-site vehicle tracking of
sediments and the generation of dust. The SWP3 shall include a description of
controls utilized to accomplish this requirement.
(b) The SWP3 must include a description of construction and waste materials expected
to be stored on-site and a description of controls to minimize pollutants from these
materials.
( c) The SWP3 must include a description of potential pollutant sources from areas other
than construction (such as storm water discharges from dedicated asphalt plants and
dedicated concrete batch plants), and a description of controls and measures that will
be implemented at those sites to minimize pollutant discharges.
(d) Permittees shall place velocity dissipation devices at discharge locations and along
the length of any outfall channel (i.e., runoff conveyance) to provide a non-erosive
flow velocity from the structure to a water course, so that the natural physical and
biological characteristics and functions are maintained and protected.
( e) Permittees shall design and utilize appropriate controls to minimize the off site
transport of suspended sediments and other pollutants if it is necessary to pump or
channel standing water from the site.
5. Documentation of Compliance with Approved State and Local Plans
(a) Permittees must ensure that the SWP3 is consistent with requirements specified in
applicable sediment and erosion site plans or site permits, or storm water
management site plans or site permits approved by federal, state, or local officials.
(b) SWP3s must be updated as necessary to remain consistent with any changes
applicable to protecting surface water resources in sediment erosion site plans or site
permits, or storm water management site plans or site permits approved by state or
local official for which the permittee receives written notice.
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Construction General Permit TPDES General Permit TXR150000
( c) If the permittee is required to prepare a separate management plan, including but not
limited to a Water Pollution Abatement Plan or Contributing Zone Plan in
accordance with 30 TAC Chapter 213 (related to the Edwards Aquifer), then a copy
of that plan must be either included in the SWP3 or made readily available upon
request to authorized personnel of the TCEQ. The permittee shall maintain a copy of
the approval letter for the plan in its SWP3.
6. Maintenance Requirements
(a) All protective measures identified in the SWP3 must be maintained in effective
operating condition. If, through inspections or other means, the permittee determines
that BMPs are not operating effectively, then the permittee shall perform
maintenance as necessary to maintain the continued effectiveness of storm water
controls, and prior to the next rain event if feasible. If maintenance prior to the next
anticipated storm event is impracticable, the reason shall be documented in the
SWP3 and maintenance must be scheduled and accomplished as soon as practicable.
Erosion and sediment controls that have been intentionally disabled, run-over,
removed, or otherwise rendered ineffective must be replaced or corrected
immediately upon discovery.
(b) If periodic inspections or other information indicates a control has been used
incorrectly, is performing inadequately, or is damaged, then the operator must
replace or modify the control as soon as practicable after making the discovery.
( c) Sediment must be removed from sediment traps and sedimentation ponds no later
than the time that design capacity has been reduced by 50%. For perimeter controls
such as silt fences, berms, etc., the trapped sediment must be removed before it
reaches 50% of the above-ground height.
( d) If sediment escapes the site, accumulations must be removed at a frequency that
minimizes off-site impacts, and prior to the next rain event, if feasible. If the
permittee does not own or operate the off-site conveyance, then the permittee must to
work with the owner or operator of the property to remove the sediment.
7. Inspections of Controls
(a) Personnel provided by the permittee must inspect disturbed areas of the construction
site that have not been finally stabilized, areas used for storage of materials that are
exposed to precipitation, discharge locations, and structural controls for evidence of,
or the potential for, pollutants entering the drainage system. Personnel conducting
these inspections must be knowledgeable of this general permit, familiar with the
construction site, and knowledgeable of the SWP3 for the site. Sediment and erosion
control measures identified in the SWP3 must be inspected to ensure that they are
operating correctly. Locations where vehicles enter or exit the site must be inspected
for evidence of off-site sediment tracking. Inspections must be conducted at least
once every 14 calendar days and within 24 hours of the end of a storm event of0.5
inches or greater.
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'' Construction General Permit TPDES General Permit TXR150000
Where sites have been finally or temporarily stabilized or where runoff is unlikely
due to winter conditions (e.g. site is covered with snow, ice, or frozen ground exists),
inspections must be conducted at least once every month. In arid or semi-arid areas,
inspections must be conducted at least once every month and within 24 hours after
the end of a storm event of0.5 inches or greater.
As an alternative to the above-described inspection schedule of once every 14
calendar days and within 24 hours of a storm event of 0.5 inches or greater, the
SWP3 may be developed to require that these inspections will occur at least once
every seven (7) calendar days. If this alternative schedule is developed, then the
inspection must occur on a specifically defined day, regardless of whether or not
there has been a rainfall event since the previous inspection. The inspections may
occur on either schedule provided that the SWP3 reflects the current schedule and
that any changes to the schedule are conducted in accordance with the following
provisions: the schedule may be changed a maximum of one time each month, the
schedule change must be implemented at the beginning of a calendar month, and the
reason for the schedule change must be documented in the SWP3 (e.g., end of "dry"
season and beginning of "wet" season).
(b) Utility line installation, pipeline construction, and other examples oflong, narrow,
linear construction activities may provide inspection personnel with limited access to
the areas described in Part III.F.8.(a) above. Inspection of these areas could require
that vehicles compromise temporarily or even permanently stabilized areas, cause
additional disturbance of soils, and increase the potential for erosion. In these
circumstances, controls must be inspected at least once every 14 calendar days and
within 24 hours of the end of a storm event of 0.5 inches, but representative
inspections may be performed. For representative inspections, personnel must
inspect controls along the construction site for 0.25 mile above and below each
access point where a roadway, undisturbed right-of-way, or other similar feature
intersects the construction site and allows access to the areas described in Part
III.F.8.(a) above. The conditions of the controls along each inspected 0.25 mile
portion may be considered as representative of the condition of controls along that
reach extending from the end of the 0.25 mile portion to either the end of the next
0.25 mile inspected portion, or to the end of the project, whichever occurs first.
As an alternative to the above-described inspection schedule of once every 14
calendar days and within 24 hours of a storm event of 0.5 inches or greater, the
SWP3 may be developed to require that these inspections will occur at least once
every seven (7) calendar days. If this alternative schedule is developed, the
inspection must occur on a specifically defined day, regardless of whether or not
there has been a rainfall event since the previous inspection. The inspections may
occur on either schedule provided that the SWP3 reflects the current schedule and
that any changes to the schedule are conducted in accordance with the following
provisions: the schedule may be changed a maximum of one time each month, the
schedule change must be implemented at the beginning of a calendar month, and the
reason for the schedule change must be documented in the SWP3 (e.g., end of "dry"
season and beginning of "wet" season).
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Construction General Permit TPDES General Permit TXRI 50000
( c) In the event of flooding or other uncontrollable situations which prohibit access to
the inspection sites, inspections must be conducted as soon as access is practicable.
(d) The SWP3 must be modified based on the results of inspections, as necessary, to
better control pollutants in runoff. Revisions to the SWP3 must be completed within
seven (7) calendar days following the inspection. If existing BMPs are modified or if
additional BMPs are necessary, an implementation schedule must be described in the
SWP3 and wherever possible those changes implemented before the next storm
event. If implementation before the next anticipated storm event is impracticable,
these changes must be implemented as soon as practicable.
(e) A report summarizing the scope of the inspection, the date(s) of the inspection, and
major observations relating to the implementation of the SWP3 must be made and
retained as part of the SWP3. Major observations should include: The locations of
discharges of sediment or other pollutants from the site; locations ofBMPs that need
to be maintained; locations of BMPs that failed to operate as designed or proved
inadequate for a particular location; and locations where additional BMPs are
needed.
Actions taken as a result of inspections must be described within, and retained as a
part of, the SWP3. Reports must identify any incidents of non-compliance. Where a
report does not identify any incidents of non-compliance, the report must contain a
certification that the facility or site is in compliance with the SWP3 and this permit.
The report must be signed by the person and in the manner required by 30 TAC §
305.128 (relating to Signatories to Reports).
The names and qualifications of personnel making the inspections for the permittee
may be documented once in the SWP3 rather than being included in each report.
8. The SWP3 must identify and ensure the implementation of appropriate pollution prevention
measures for all eligible non-storm water components of the discharge, as listed in Part
11.A.3 . of this permit.
9. The SWP3 must include the information required in Part 111.B. of this general permit.
Part IV. Storm Water Runoff from Concrete Batch Plants
Discharges of storm water runoff from concrete batch plants at regulated construction sites may be
authorized under the provisions of this general permit provided that the following requirements are met for
concrete batch plant(s) authorized under this permit. If discharges of storm water runoff from concrete
batch plants are not covered under this general permit, then discharges must be authorized under an
alternative general permit or individual permit. This permit does not authorize the discharge or land
disposal of any wastewater from concrete batch plants at regulated construction sites. Authorization for
these wastes must be obtained under an individual permit or an alternative general permit.
Section A.
1.
Benchmark Sampling Requirements
Operators of concrete batch plants authorized under this general permit must sample the
storm water runoff from the concrete batch plants according to the requirements of this
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Construction General Permit TPDES General Permit TXRI50000
section of this general permit, and must conduct evaluations on the effectiveness of the
SWP3 based on the following benchmark monitoring values:
Benchmark Benchmark Sampling Sample Type
Parameter Value Frequency
Oil and Grease IS mg/L I/quarter (*I)(*2) Grab (*3)
Total Suspended IOO mg/L I/quarter (*I)(*2) Grab (*3)
Solids
pH 6.0 -9.0 I/quarter (*I )(*2) Grab (*3)
Standard Units
Total Iron 1.3 mg/L 1/quarter(* I )(*2) Grab (*3)
(*I) When discharge occurs. Sampling is required within the first 30 minutes of
discharge. If it is not practicable to take the sample, or to complete the sampling,
within the first 30 minutes, sampling must be completed within the first hour of
discharge. If sampling is not completed within the first 30 minutes of discharge, the
reason must be documented and attached to all required reports and records of the
sampling activity.
(*2) Sampling must be conducted at least once during each of the following periods. The
first sample must be collected during the first full quarter that a storm water
discharge occurs from a concrete batch plant authorized under this general permit.
January through March
April through June
July through September
October through December
For projects lasting less than one full quarter, a minimum of one sample shall be
collected, provided that a storm water discharge occurred at least once following
submission of the NOI or following the date that automatic authorization was
obtained under Section II.E.2., and prior to terminating coverage.
(*3) A grab sample shall be collected from the storm water discharge resulting from a
storm event that is at least 0. I inches of measured precipitation that occurs at least 72
hours from the previously measurable storm event. The sample shall be collected
downstream of the concrete batch plant, and where the discharge exits any BMPs
utilized to handle the runoff from the batch plant, prior to commingling with any
other water authorized under this general permit.
2. The permittee must compare the results of sample analyses to the benchmark values above,
and must include this comparison in the overall assessment of the SWP3 's effectiveness.
Analytical results that exceed a benchmark value are not a violation of this permit, as these
values are not numeric effluent limitations. Results of analyses are indicators that
modifications of the SWP3 should be assessed and may be necessary to protect water
quality. The operator must investigate the cause for each exceedance and must document the
results of this investigation in the SWP3 by the end of the quarter following the sampling
event.
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Construction General Permit TPDES General Permit TXR150000
Section B.
The operator's investigation must identify the following:
(a) any additional potential sources of pollution, such as spills that might have occurred,
(b) necessary revisions to good housekeeping measures that are part of the SWP3,
(c) additional BMPs, including a schedule to install or implement the BMPs, and
( d) other parts of the SWP3 that may require revisions in order to meet the goal of the
benchmark values.
Background concentrations of specific pollutants may also be considered during the
investigation. If the operator is able to relate the cause of the exceedance to background
concentrations, then subsequent exceedances of benchmark values for that pollutant may be
resolved by referencing earlier findings in the SWP3. Background concentrations may be
identified by laboratory analyses of samples of storm water runon to the permitted facility,
by laboratory analyses of samples of storm water run-off from adjacent non-industrial areas,
or by identifying the pollutant is a naturally occurring material in soils at the site.
Best Management Practices (BMPs) and SWP3 Requirements
Minimum Storm Water Pollution Prevention Plan (SWP3) Requirements -The following are
required in addition to other SWP3 requirements listed in this general permit (including, but not
limited to Part III.F.7 . of this permit):
1. Description of Potential Pollutant Sources -The SWP3 must provide a description of
potential sources (activities and materials) that may reasonably be expected to affect the
quality of storm water discharges associated with concrete batch plants authorized under this
permit. The SWP3 must describe practices that that will be used to reduce the pollutants in
these discharges to assure compliance with this general permit, including the protection of
water quality, and must ensure the implementation of these practices.
The following must be developed, at a minimum, in support of developing this description:
(a) Drainage -The site map must include the following information:
(1) the location of all outfalls for storm water discharges associated with
concrete batch plants that are authorized under this permit;
(2) a depiction of the drainage area and the direction of flow to the outfall(s);
(3) structural controls used within the drainage area(s);
( 4) the locations of the following areas associated with concrete batch plants that
are exposed to precipitation: vehicle and equipment maintenance activities
(including fueling, repair, and storage areas for vehicles and equipment
scheduled for maintenance); areas used for the treatment, storage, or disposal
Page 37
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Construction General Permit TPDES General Permit TXR150000
of wastes; liquid storage tanks; material processing and storage areas; and
loading and unloading areas; and
(5) the locations of the following: any bag house or other dust control device(s);
recycle/sedimentation pond, clarifier or other device used for the treatment of
facility wastewater (including the areas that drain to the treatment device);
areas with significant materials; and areas where majo~ spills or leaks have
occurred.
(b) Inventory of Exposed Materials -A list of materials handled at the concrete batch
plant that may be exposed to storm water and that have a potential to affect the
quality of storm water discharges associated with concrete batch plants that are
authorized under this general permit.
( c) Spills and Leaks - A list of significant spills and leaks of toxic or hazardous
pollutants that occurred in areas exposed to storm water and that drain to storm water
outfalls associated with concrete batch plants authorized under this general permit
must be developed, maintained, and updated.
( d) Sampling Data - A summary of existing storm water discharge sampling data must
be maintained, if available.
2. Measures and Controls -The SWP3 must include a description of management controls to
regulate pollutants identified in the SWP3 's "Description of Potential Pollutant Sources"
from Part IV.B.1.(a) of this permit, and a schedule for implementation of the measures and
controls. This must include, at a minimum:
(a) Good Housekeeping -Good housekeeping measures must be developed and
implemented in the area(s) associated with concrete batch plants.
(1) Operators must prevent or minimize the discharge of spilled cement,
aggregate (including sand or gravel), settled dust, or other significant
materials from paved portions of the site that are exposed to storm water.
Measures used to minimize the presence of these materials may include
regular sweeping or other equivalent practices. These practices must be
conducted at a frequency that is determined based on consideration of the
amount of industrial activity occurring in the area and frequency of
precipitation, and shall occur at least once per week when cement or
aggregate is being handled or otherwise processed in the area.
(2) Operators must prevent the exposure of fine granular solids, such as cement,
to storm water. Where practicable, these materials must be stored in enclosed
silos, hoppers or buildings, in covered areas, or under covering.
(b) Spill Prevention and Response Procedures -Areas where potential spills that can
contribute pollutants to storm water runoff, and the drainage areas from these
locations, must be identified in the SWP3. Where appropriate, the SWP3 must
specify material handling procedures, storage requirements, and use of equipment.
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Construction General Permit TPDES General Permit TXR150000
Procedures for cleaning up spills must be identified in the SWP3 and made available
to the appropriate personnel.
( c) Inspections -Qualified facility personnel (i.e., a person or persons with knowledge of
this general permit, the concrete batch plant, and the SWP3 related to the concrete
batch plant(s) for the site) must be identified to inspect designated equipment and
areas of the facility specified in the SWP3. The inspection frequency must be
specified in the SWP3 based upon a consideration of the level of concrete production
at the facility, but must be a minimum of once per month while the facility is in
operation. The inspection must take place while the facility is in operation and must,
at a minimum, include all areas that are exposed to storm water at the site, including
material handling areas, above ground storage tanks, hoppers or silos, dust
collection/containment systems, truck wash down and equipment cleaning areas.
Follow-up procedures must be used to ensure that appropriate actions are taken in
response to the inspections. Records of inspections must be maintained and be made
readily available for inspection upon request.
( d) Employee Training -An employee training program must be developed to educate
personnel responsible for implementing any component of the SWP3, or personnel
otherwise responsible for storm water pollution prevention, with the provisions of the
SWP3. The frequency of training must be documented in the SWP3, and at a
minimum, must consist of one training prior to the initiation of operation of the
concrete batch plant.
( e) Record Keeping and Internal Reporting Procedures -A description of spills and
similar incidents, plus additional information that is obtained regarding the quality
and quantity of storm water discharges, must be included in the SWP3. Inspection
and maintenance activities must be documented and records of those inspection and
maintenance activities must be incorporated in the SWP3.
(f) Management of Runoff -The SWP3 shall contain a narrative consideration for
reducing the volume of runoff from concrete batch plants by diverting runoff or
otherwise managing runoff, including use of infiltration, detention ponds, retention
ponds, or reusing of runoff.
3. Comprehensive Compliance Evaluation -At least once per year, one or more qualified
personnel (i.e., a person or persons with knowledge of this general permit, the concrete batch
plant, and the SWP3 related to the concrete batch plant(s) for the site) shall conduct a
compliance evaluation of the plant. The evaluation must include the following.
(a) Visual examination of all areas draining storm water associated with regulated
concrete batch plants for evidence of, or the potential for, pollutants entering the
drainage system. These include but are not limited to: cleaning areas, material
handling areas, above ground storage tanks, hoppers or silos, dust
collection/containment systems, and truck wash down and equipment cleaning areas.
Measures implemented to reduce pollutants in runoff (including structural controls
and implementation of management practices) must be evaluated to determine if they
are effective and if they are implemented in accordance with the terms of this permit
Page 39
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Construction General Permit TPDES General Permit TXR150000
Section C.
and with the permittee's SWP3. The operator shall conduct a visual inspection of
equipment needed to implement the SWP3, such as spill response equipment.
(b) Based on the results of the evaluation, the following must be revised as appropriate
within two weeks of the evaluation: the description of potential pollutant sources
identified in the SWP3 (as required in Part IV.B. l., "Description of Potential
Pollutant Sources"); and pollution prevention measures and controls identified in the
SWP3 (as required in Part IV.B.2., "Measures and Controls"). The revisions may
include a schedule for implementing the necessary changes.
( c) The permi ttee shall prepare and include in the SWP3 a report summarizing the scope
of the evaluation, the personnel making the evaluation, the date(s) of the evaluation,
major observations relating to the implementation of the SWP3, and actions taken in
response to the findings of the evaluation. The report must identify any incidents of
noncompliance. Where the report does not identify incidences of noncompliance, the
report must contain a statement that the evaluation did not identify any incidence(s),
and the report must be signed according to 30 TAC Section 305.128, relating to
Signatories to Reports.
( d) The Comprehensive Compliance Evaluation may substitute for one of the required
inspections delineated in Part IV.B.2.( c) of this general permit.
Prohibition of Wastewater Discharges
Wastewater discharges associated with concrete production including wastewater disposal by land
application are not authorized under this general permit. These wastewater discharges must be
authorized under an alternative TCEQ water quality permit or otherwise disposed of in an authorized
manner. Discharges of concrete truck washout at construction sites may be authorized if conducted
in accordance with the requirements of Part V of this general permit.
Part V. Concrete Truck Wash Out Requirements
This general permit authorizes the wash out of concrete trucks at construction sites regulated under Sections
11.E.1 ., 2., and 3. of this general permit, provided the following requirements are met. Authorization is
limited to the land disposal of wash out water from concrete trucks that are associated with off-site
production facilities. Wash out water associated with on-site concrete production facilities must be
authorized under a separate TCEQ general permit or individual permit.
1. Direct discharge of concrete truck wash out water to surface water in the state, including
discharge to storm sewers, is prohibited by this general permit.
2. Concrete truck wash out water shall be discharged to areas at the construction site where
structural controls have been established to prevent direct discharge to surface waters, or to
areas that have a minimal slope that allow infiltration and filtering of wash out water to
prevent direct discharge to surface waters. Structural controls may consist of temporary
berms, temporary shallow pits, temporary storage tanks with slow rate release, or other
reasonable measures to prevent runoff from the construction site.
3. Wash out of concrete trucks during rainfall events shall be minimized. The direct discharge
Page 40
Construction General Permit TPDES General Permit TXR150000
of concrete truck wash out water is prohibited at all times, and the operator shall insure that
its BMPs are sufficient to prevent the discharge of concrete truck washout as the result of
ram.
4. The discharge of wash out water shall not cause or contribute to groundwater contamination.
5. If a SWP3 is required to be implemented, the SWP3 shall include concrete wash out areas on
the associated map.
Part VI. Retention of Records
The permittee must retain the following records for a minimum period of three (3) years from the date that a
NOT is submitted as required by Part II.E.3. For activities in which an NOT is not required, records shall be
retained for a minimum period of three (3) years from the date that the operator terminates coverage under
Section II.F.3. of this permit. Records include:
1. A copy of the SWP3;
2. All reports and actions required by this permit, including a copy of the construction site
notice;
3. All data used to complete the NOI, if an NOI is required for coverage under this general
permit; and
4. All records of submittal of forms submitted to the operator of any MS4 receiving the
discharge and to the secondary operator of a large construction site, if applicable.
Part VII. Standard Permit Conditions
1. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit
condition is a violation of the permit and statutes under which it was issued, and is grounds for
enforcement action, for terminating coverage under this general permit, or for requiring a discharger
to apply for and obtain an individual TPDES permit.
2. Authorization under this general permit may be suspended or revoked for cause. Filing a notice of
planned changes or anticipated non-compliance by the permittee does not stay any permit condition.
The permittee must furnish to the executive director, upon request and within a reasonable time, any
information necessary for the executive director to determine whether cause exists for revoking,
suspending, or terminating authorization under this permit. Additionally, the permittee must provide
to the executive director, upon request, copies of all records that the permittee is required to maintain
as a condition of this general permit.
3. It is not a defense for a discharger in an enforcement action that it would have been necessary to halt
or reduce the permitted activity to maintain compliance with the permit conditions.
4. Inspection and entry shall be allowed under Texas Water Code Chapters 26-28, Texas Health and
Safety Code §§361.032-361.033 and 361.037, and 40 Code of Federal Regulations (CFR)
§122.41(i). The statement in Texas Water Code §26.014 that commission entry ofa facility shall
occur according to an establishment's rules and regulations concerning safety, internal security, and
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Construction General Permit TPDES General Permit TXR150000
fire protection is not grounds for denial or restriction of entry to any part of the facility or site, but
merely describes the commission's duty to observe appropriate rules and regulations during an
inspection.
5. The discharger is subject to administrative, civil, and criminal penalties, as applicable, under Texas
Water Code §§26.136, 26.212, and 26.213 for violations including but not limited to the following:
a. negligently or knowingly violating the federal Clean Water Act (CWA), §§301, 302, 306,
307, 308, 318, or 405, or any condition or limitation implementing any sections in a permit
issued under CW A, §402, or any requirement imposed in a pretreatment program approved
under CWA, §§402(a)(3) or 402(b)(8);
b. knowingly making any false statement, representation, or certification in any record or other
document submitted or required to be maintained under a permit, including monitoring
reports or reports of compliance or noncompliance.
6. All reports and other information requested by the executive director must be signed by the person
and in the manner required by 30 TAC §305.128 (relating to Signatories to Reports).
7. Authorization under this general permit does not convey property or water rights of any sort and
does not grant any exclusive privilege.
Part VIII. Fees
1. A fee of must be submitted along with the NOI:
a. $325 if submitting a paper NOI, or
b. $225 if submitting a NOI electronically.
2. Fees are due upon submission of the NOI. An NOI will not be declared administratively complete
unless the associated fee has been paid in full.
3. No separate annual fees will be assessed. The Water Quality Annual fee has been incorporated into
the NOI fees as described above.
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Construction General Permit TPDES General Permit TXRl 50000
Appendix A: Automatic Authorization
Periods of Low Erosion Potential by County -Eligible Date Ranges
Andrews: Nov. 15 -Apr. 30
Archer: Dec. 15 -Feb. 14
Armstrong: Nov. 15 -Apr. 30
Bailey: Nov. 1 -Apr. 30, or Nov. 15 -May 14
Baylor: Dec. 15 -Feb. 14
Borden: Nov. 15 -Apr. 30
Brewster: Nov. 15 -Apr. 30
Briscoe: Nov. 15 -Apr. 30
Brown: Dec. 15 -Feb. 14
Callahan: Dec. 15 -Feb. 14
Carson: Nov. 15 -Apr. 30
Castro: Nov. 15 -Apr. 30
Childress: Dec. 15 -Feb. 14
Cochran: Nov. 1 -Apr. 30, or Nov. 15 -May 14
Coke: Dec. 15 -Feb. 14
Coleman: Dec. 15 -Feb. 14
Collingsworth: Jan. 1 -Mar. 30, or Dec. 1 -Feb. 28
Concho: Dec. 15 -Feb. 14 ·
Cottle: Dec. 15 -Feb. 14
Crane: Nov. 15 -Apr. 30
Crockett: Nov. 15 -Jan. 14, or Feb. 1 -Mar. 30
Crosby: Nov. 15 -Apr. 30
Culberson: Nov. 1 -May 14
Dallam: Nov. 1 -Apr. 14, or Nov. 15 -Apr. 30
Dawson: Nov. 15 -Apr. 30
Deaf Smith: Nov. 15 -Apr. 30
Dickens: Nov. 15 -Jan. 14, or Feb. 1 -Mar. 30
Dimmit: Dec. 15 -Feb. 14
Donley: Jan. 1 -Mar. 30, or Dec. 1 -Feb. 28
Eastland: Dec. 15-Feb.14
Ector: Nov. 15 -Apr. 30
Edwards: Dec. 15 -Feb. 14
El Paso: Jan. 1-Jul.14, or May 15 -Jul. 31, or Jun. 1-Aug.14,
or Jun. 15 -Sept. 14, or Jul. l -Oct. 14, or Jul. 15 -Oct. 31, or
Aug. 1 -Apr. 30, or Aug. 15 -May 14, or Sept. 1 -May 30, or
Oct. l -Jun. 14, or Nov. 1-Jun.30, or Nov. 15 -Jul. 14
Fisher: Dec. 15 -Feb. 14
Floyd: Nov. 15 -Apr. 30
Foard: Dec. 15 -Feb. 14
Gaines: Nov. 15 -Apr. 30
Garza: Nov. 15 -Apr. 30
Glasscock: Nov. 15 -Apr. 30
Hale: Nov. 15 -Apr. 30
Hall: Feb. 1 -Mar. 30
Hansford: Nov. 15 -Apr. 30
Hardeman: Dec. 15 -Feb. 14
Hartley: Nov. 15 -Apr. 30
Haskell: Dec.15-Feb.14
Hockley: Nov. 1-Apr.14, or Nov. 15 -Apr. 30
Howard: Nov. 15 -Apr. 30
Hudspeth: Nov. 1 -May 14
Hutchinson: Nov. 15 -Apr. 30
Irion: Dec. 15 -Feb. 14
Jeff Davis: Nov. 1 -Apr. 30 or Nov. 15 -May 14
Jones: Dec. 15 -Feb. 14
Kent: Nov. 15 -Jan. 14 or Feb. 1 -Mar. 30
Kerr: Dec. 15 -Feb. 14
Kimble: Dec. 15 -Feb. 14
King: Dec. 15 -Feb. 14
Kinney: Dec. 15 -Feb. 14
Knox: Dec. 15 -Feb. 14
Lamb: Nov. 1-Apr.14, or Nov. 15 -Apr. 30
Loving: Nov. 1 -Apr. 30, or Nov. 15 -May 14
Lubbock: Nov. 15 -Apr. 30
Lynn: Nov. 15 -Apr. 30
Martin: Nov. 15 -Apr. 30
Mason: Dec. 15 -Feb. 14
Maverick: Dec. 15 -Feb. 14
McCulloch: Dec. 15 -Feb. 14
Menard: Dec. 15 -Feb. 14
Midland: Nov. 15 -Apr. 30
Mitchell: Nov. 15 -Apr. 30
Moore: Nov. 15 -Apr. 30
Motley: Nov. 15 -Jan. 14, or Feb. 1 -Mar. 30
Nolan: Dec. 15 -Feb. 14
Oldham: Nov. 15 -Apr. 30
Parmer: Nov. 1 -Apr. 14, or Nov. 15 -Apr. 30
Pecos: Nov. 15 -Apr. 30
Potter: Nov. 15 -Apr. 30
Presidio: Nov. 1 -Apr. 30, or Nov. 15 -May 14
Randall : Nov. 15 -Apr. 30
Reagan: Nov. 15 -Apr. 30
Real: Dec. 15 -Feb. 14
Reeves: Nov. 1 -Apr. 30, or Nov. 15 -May Jtl
Runnels: Dec. 15 -Feb. 14
Schleicher: Dec. 15 -Feb. 14
Scurry: Nov. 15 -Apr. 30
Shackelford: Dec. 15 -Feb. 14
Sherman: Nov. 15 -Apr. 30
Stephens: Dec. 15 -Feb. 14
Sterling: Nov. 15 -Apr. 30
Stonewall: Dec. 15 -Feb. 14
Sutton: Dec. 15 -Feb. 14
Swisher: Nov. 15 -Apr. 30
Taylor: Dec. 15 -Feb. 14
Terrell: Nov. 15 -Apr. 30
Terry: Nov. 15 -Apr. 30
Throckmorton: Dec. 15 -Feb. 14
Tom Green: Dec. 15 -Feb. 14
Upton: Nov. 15 -Apr. 30
Uvalde: Dec. 15 - Feb. 14
Val Verde: Nov. 15 -Jan. 14, or Feb. 1 -Mar. 30
Ward: Nov. 1-Apr.14, or Nov. 15 -Apr. 30
Wichita: Dec. 15 -Feb. 14
Wilbarger: Dec. 15 -Feb. 14
Winkler: Nov. 1 -Apr. 30, or Nov. 15 -May 14
Yoakum: Nov. 1 -Apr. 30, or Nov. 15 -May 14
Young: Dec. 15 -Feb. 14
Wheeler: Jan. 1 -Mar. 30, or Dec. l -Feb. 28
Zavala: Dec. 15 -Feb. 14
Page 43
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Construction General Permit TPDES General Permit TXR150000
Appendix B:
Erosivity Index (EI) Zones in Texas
Adapted from Chapter 2 of USDA Agriculture Handbook 703: "Predicting Soil Erosion
by Water: A Guide to Conservation Planning With the Revised Universal Soil Loss
Equation (RUSLE)," U.S. Department of Agriculture, Agricultural Research Service
Page 44
Construction General Permit
Appendix C: Isoerodent Map
Adapted from Chapter 2 of USDA Agriculture Handbook 703: "Predicting Soil Erosion
by Water: A Guide to Conservation Planning With the Revised Universal Soil Loss
Equation (RUSLE)," U.S. Department of Agriculture, Agricultural Research Service
Page 45
TPDES General Permit TXR1 50000 I I
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:it .... ~
Construction General Permit TPDES General Permit TXRl 50000
Appendix D: Erosivity Indices for EI Zones in Texas
Periods:
1/1 1/15 2/1 2/15 3/1 3/15 4/1 4/15 5/1 5115 6/1 6/15 7/1 7/15 8/1 8/15 911 9115 IO/I 10/15 1111 11/15 12/1
89 0 0 I I 2 3 4 7 12 18 27 38 48 55 62 69 76 83 90 94 97 98 99
90 0 I 2 3 4 6 8 13 21 29 37 46 54 60 65 69 74 81 87 92 95 97 98
91 0 0 0 0 I I I 2 6 16 29 39 46 53 60 67 74 81 88 95 99 99 100
92 0 0 0 0 I I I 2 6 16 29 39 46 53 60 67 74 81 88 95 99 99 100
93 0 I I 2 3 4 6 8 13 25 40 49 56 62 67 72 76 80 85 91 97 98 99
94 0 I 2 4 6 8 10 15 21 29 38 47 53 57 61 65 70 76 83 88 91 94 96
95 0 I 3 5 7 9 I I 14 18 27 35 41 46 51 57 62 68 73 79 84 89 93 96
96 0 2 4 6 9 12 17 23 30 37 43 49 54 58 62 66 70 74 78 82 86 90 94
97 0 I 3 5 7 10 14 20 28 37 48 56 61 64 68 72 77 81 86 89 92 95 98
106 0 3 6 9 13 17 21 27 33 38 44 49 55 61 67 71 75 78 81 84 86 90 94
* Each period begins on the date listed in the table above and lasts until the day before the following period.
The final period begins on December 15 and ends on December 31.
Table adapted from Chapter 2 of USDA Agriculture Handbook 703: "Predicting Soil
Erosion by Water: A Guide to Conservation Planning With the Revised Universal Soil
Loss Equation (RUSLE)," U.S. Department of Agriculture, Agricultural Research
Service
Page 46
12/15
100
99
100
100
99
98
98
97
99
97
Construction General Permit TPDES General Permit TXRl 50000
Attachment 1
,-..... . ...._ ~-.......... ---...... -.......
SMALL CONSTRUCTION SITE NOTICE:
LOW POTENTIAL FOR EROSION
FOR THE
Texas Commission on E nvironmental Quality (TCEQ)
Storm Water Program
TPDES GENERAL PERMIT TXR150000
The following information is posted in compliance with P art II.E.1. of the TCEQ General Permit
Number TXRI 50000 for discharges of storm water runoff from small construction sites automatically
authorized based on low rainfall erosivity. Additional information regarding the TCEQ storm water
permit program may be found on the internet at:
htt // t t t tx I I . t I tru t ht 1 :p: www. ceq .s a e. .us nav'permt s wq cons c 10n. m
Operator Name:
Contact Name and Phone Number:
Project Description:
(Physical address or description of the site's location,
estimated start date and projected end date, or date
that disturbed soils will be stabilized)
For Small Construction Sites Authonzed Under Part II.E.1., the followmg cert1ficat10n must be completed:
I (Typed or Printed Name Person Completing This Certification) certify under
penalty oflaw that I have read and understand the eligibility requirements for claiming an automatic authorization based on low
rainfall erosivity under Part II.E. l . of TPDES General Permit TXRI 50000 and agree to comply with the terms of this permit.
Construction activities at this site shall occur within a time period listed in Appendix A of the TPDES general permit for this
county, that period beginning on and ending on . I understand that if construction activities continue
past this period, all storm water runoff must be authorized under a separate provision of the general permit. A copy of this signed
notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing
false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing
violations.
Signature and Title ___________________ Date _________ _
Attachment 2
Page 47
_______ ~Date Notice Removed
__ MS4 operator notified per Part 11.F.3.
• I
'.
Construction General Permit
SMALL
TPDES General Permit TXR.150000
CONSTRUCTION
SITE NOTICE
FOR THE
Texas Commission on Environmental Quality (TCEQ)
Storm Water Program
TPDES GENERAL PERMIT TXR150000
The following information is posted in compliance with Part 11.E.2. of the TCEQ General Permit Number
TXR150000 for discharges of storm water runoff from small construction sites. Additional information
regarding the TCEQ storm water permit program may be found on the internet at:
II I I . I . h http: www.tceq.state.tx.us nav1perm1ts wq construction. tm
Operator Name:
Contact Name and Phone Number:
Project Description: Physical address or
description of the site~ location, estimated start
date and projected end date, or date that disturbed
soils will be stabilized
Location of Storm Water Pollution Prevention Plan:
For Small Construction Activities Authorized Under Part II.E.2. (Obtaining Authorization to Discharge) the
following certification must be completed:
I (Typed or Printed Name Person Completing This Certification) certify under
penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part 11.D.2. of
TPDES General Permit TXRl 50000 and agree to comply with the terms of this permit. A storm water pollution prevention plan
has been developed and will be implemented prior to construction, according to permit requirements. A copy of this signed notice
is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false
information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations.
Signature and Title _____________________ Date ________ _
-~~ ____ Date Notice Removed
__ MS4 operator notified per Part JI.F.3.
Page 48
Construction General Permit TPDES General Permit TXR150000
Attachment 3
LARGE CONSTRUCTION SITE NOTICE
FOR THE
Texas Commission on Environmental Quality (TCEQ)
Storm Water Program
TPDES GENERAL PERMIT TXR150000
"SECONDARY OPERATOR" NOTICE
This notice applies to secondary operators of construction sites operating under Part II.E.3. of the TPDES
General Permit Number TXRl 50000 for discharges of storm water runoff from construction sites equal to or
greater than five acres, including the larger common plan of development. The information on this notice is
required in Part III.E.2. of the general permit. Additional information regarding the TCEQ storm water
permit program may be found on the internet at: http://www.tceg.state.tx.us/nav/permits/sw permits.html
Site-Specific TPDES Authorization Number:
Operator Name:
Contact Name and Phone Number:
Project Description: Physical address or description of the
site~ location, and estimated start date and projected end
date, or date that disturbed soils will be stabilized.
Location of Storm Water Pollution Prevention Plan (SWP3):
For Large Construction Activities Authorized Under Part II.E.3. (Obtaining Authorization to Discharge) the
following certification must be completed:
I (Typed or Printed Name Person Completing This Certification) certify under
penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part II.E.2. of
TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A storm water pollution prevention plan
has been developed and will be implemented prior to construction, according to permit requirements. A copy of this signed notice
is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false
information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations.
Signature and Title _____________________ Date ________ _
Date Notice Removed ----,-..,..,,...,----__ MS4 operator notified per Part ll.F.3.
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Construction General Permit
Attachment 4
.... ... -...... ,:;:::..-:-~'-:..,. . --.........__
TPDES General Permit TXR150000
LARGE CONSTRUCTION SITE NOTICE
FOR THE
Texas Commission on Environmental Quality (TCEQ)
Storm Water Program
TPDES GENERAL PERMIT TXR150000
"PRIMA R Y OPERATOR" NOTICE
This notice applies to construction sites operating under Part Il.E.3. of the TPDES General Permit Number
TXRl 50000 for discharges of storm water runoff from construction sites equal to or greater than five acres,
including the larger common plan of development. The information on this notice is required in Part III.E.2.
of the general permit. This notice shall be posted along with a copy of the signed Notice oflntent (NOI), as
applicable. Additional information regarding the TCEQ storm water permit program may be found on the
internet at: http://www.tceq.state.tx.us/nav/permits/sw permits.html
Site-Specific TPDES Authorization Number:
Operator Name:
Contact Name and Phone Number:
Project Description: Physical address or description of the
sites location, and estimated start date and projected end
date, or date that disturbed soils will be stabilized.
Location of Storm Water Pollution Prevention Plan:
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