~ ~c`jC~~ +~ ,' COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. _ <~> MADE BY: H.A. "Buster" Baldw~ ~ ~~ OFFICE: Commissioners' Court Tr MEETING DATE: December 9, 2002 ' TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Presentation of Phase 2 MS4 Storm Water Permit by Sue Glover from TAC. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Commissioner Pct. #1 Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY P.O. BOX 13087 Austin, TX 78711-3087 GENERAL PERN[IT TO DISCHARGE WASTE under provisions of Section 402 of the Clean Water Act and Chapter 2fi of the Texas Water Code Construction sites located in the state of Tesas may discharge to surface water in the state TPDES General Permit NO. TXR150000 This is a new general permit issued pursuant to Section 26.040 of the Texas Water Code and Section 402_ of the Clean Water Aet: '- . ~ only according to effluent limitations, monitoring requirements and other conditions set forth in this permit, as well as the roles of the Texas Commission on Environmental Quality (TCEQ), the laws of the State of Texas, and other orders of the TCEQ. The issuance of this general perniit does not grant to the permittee the right to use private or public property for conveyance of storm 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 tive years after the date of issuance. ISSUED AND EFFECTIVE DATE: For the Commission TCEQ General Permit Number TXRI50000 Relating To Discharges From Construction Activities Table of Contents Part I. Definitions ..................................................... Page 3 Part II. Permit Applicability and Coverage .................................. Page 6 Part III. Storm Water Pollution Prevention Plans ............................. Page 16 Part IV. Numeric Effluent Limitations ..................................... Page 26 Part V. Retention of Records ............................................ Page 26 Part VI. Standard Permit Conditions ....................................... Page 27 Part VII. Fees ......................................................... Page 28 Appendix A. Periods of Low Potential by County ............................. Page 29 Attachment 1 Site Notice for Part II.D.1 Waivers .............................. Page 30 Attachment 2 Site Notice for Part II.D.2. Authorizations ........................ Page 31 Attachment 3 Discharge btonitoring Report for Concrete Batch Plants ............. Page 32 2 TPDES General Permit TXRI50000 Part I. Definitions Best Management Practices - (BMPs) Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spill or leaks, sludge or waste disposal, or drainage from raw material storage. Control Measure -Any Best Management Practice or other method used to prevent or reduce the discharge of pollutants. Commencement of Construction -The initial disturbance of soils associated with clearing, grading, excavating activities, or other similar activities. Facility or Activity -Any TPDES "point source" or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the TPDES program. Final Stabilization - A construction site status where either of the following conditions are met: (a) All soil disturbing activities at the site have been completed and a uniform (e.g, evenly distributed, without large bare areas) perennial vegetative cover with a density of 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 goetextiles) have been employed. (b) For individual lots in a residential construction site by either: (1) the homebuilder completing final stabilization as specified in condition 1 above; or (2) the homebuilder establishing temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and after informing the homeowner of the need for, and benefits of, final stabilization; or (3) forconstructionprojectsonlandusedforagriculturalpurposes(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 a surface water and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of condition 1 above. Large Construction Activity -Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than five (5) acres of land. Large construction Page 3 TPDES General Permit TXRI50000 "pollutant" does not include tail water or runoff water from imgation or rainwater runoff from cultivated or uncultivated rangeland, pastureland, and farmland. Pollution - (from the Texas Water Code, Chapter 26) 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. Runoff Coefficient -The fraction of total rainfall that will appear at the conveyance as runoff. 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 of less 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 of land. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other similar storm water conveyance. Small construction activity does not include the routine grading of existing dirt roads, asphalt overlays of existing roads, and similar maintenance activities. Storm Water -Storm water runoff, snow melt runoff, and surface runoff and drainage. Sturm 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 (I) 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; except 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. Waters of the United States - (from title 40, part 122, section 2 ofthe Code of Federal Regulations) Waters of the United States or waters of the U.S. means: Page 5 TPDES General Permit TXRI50000 (a) all waters which are currently used, were used in the past, or maybe 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 ofwhich 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. Part IL Permit Applicability and Coverage Section A. Discharges Eligible for Authorization 1. Storm Water Associated with Construction Activity Discharges of storm water runoff from small and large construction activities may be authorized under this general permit. 2. Discharges of Storm Water Associated with Other Industrial Activities Discharges of storm water runoff from concrete batch plants, asphalt batch plants, equipment staging areas, material storage yards, material borrow areas, and excavated material disposal areas may be authorized under this general permit provided: Page 6 TPDES General Permit TXR150000 (a) the activity is located at, adjacent to, or in close proximity to the permitted construction site and directly supports the construction activity; (b) the 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 supporting industrial activity site; and (c) the industrial activity either does not operate beyond the completion date of the construction activity or obtains separate TPDES authorization for discharges. 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; (b) fire hydrant flushings; (c) vehicle, external building, and pavement wash water where detergents and soaps are not used and where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) (d) water used to control dust; (e) potable water sources including waterline flushings: (f) 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. 4. Other Permitted Discharges Any discharge authorized under a separate TPDES or TCEQ permit may be combined with discharges authorized by this permit. Section B. 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, Page 7 TPDES General Permit TXR150000 are not eligible for coverage under this general permit. Discharges originating from the sites are not authorized under this general permit following the submission ofthe notice of termination (NOT) for the construction activity. 2. Prohibition of Non-Storm Wa[er Discharges Except as provided in Part II. A.2., A3., and A4., all discharges authorized by this general permit must be composed entirely of storm water associated with construction activity. 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 to authorize discharges to surface water in the state from any activity that is determined to cause a violation ofwater 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. G.2. 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. [mpaired waters are those that do not meet applicable water quality standards and are listed on the Clean Water Act Section 303(d) list. Constituents of concem 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) implementation plan are not eligible for this permit unless they are consistent with the approved TMDL and the implementation plan. 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). New discharges located within the Edwards Aquifer Recharge Zone, or within that area upstream from the recharge zone and defined as the Contributing Zone, must meet all applicable requirements of, and operate according to, 30 TAC Chapter 213 Page 8 TPDES General Permit TXR150000 (Edwards Aquifer Rule) in addition to the provisions and requirements of this general permit. For existing discharges, [he 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 Cor reductions of suspended solids in storm water runoff are in addition to the requirements in this general permit for this pollutant. A copy of the agency-approved Water Pollution Abatement Plan, required by the Edwards Aquifer Rule, must be attached as a part of any SWP3 that is developed as a requirement of this general permit. For discharges located on or within ten stream miles upstream of the Edwards Aquifer recharge zone, applicants must also submit a copy of the NOI to the appropriate TCEQ regional office. Counties: Comal, Bexar, Medina, Uvalde, and Kinney Williamson, Travis, and Hays Contact: TCEQ Water Program Manager San Antonio Regional Office 14250 Judson Rd. San Antonio, Texas (210)490-3096 TCEQ Water Program Manager Austin Regional Office 1921 Cedar Bend Dr., Ste. 150 Austin, Texas (Sl2)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 31 1 (relating to Watershed Protection) for water quality areas and watersheds. 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 Section 401.002 of the Texas Local Government Code. Page 9 TPDES General Permit T~RI50000 Indian Country Lands Storm water runoff from consttuction 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). Oil and Gas Production Storm water runoff from construction activities 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. Section C. 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 issuance 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 issuance date of this permit, and authorized under NPDES general permit TXR 100000 (issued July 6, 1998, FR 36490 ), must submit an NOI to obtain authorization under this general permit within 90 days of the issuance date of this eeneral permit. During this interim period, as a requirement of this TPDES permit, the operator must continue to meet the conditions and requirements of the federal NPDES permit. If the construction activity is completed prior to this 90-day deadline, and the site would otherwise qualify for termination of coverage under that federal NPDES permit, the operator must notify the executive director of the TCEQ in writing within 30 days of that condition. Small Construction Activities (a) New Construction -Discharges from sites where the commencement of construction occurs on or afer the issuance date of this general permit must be authorized, either under this general permit or a separate TPDES permit, prior to the commencement of thuse construction activities. Page l0 TPDES General Permit TXR150000 (b) Ongoing Construction -Discharges from ongoing small construction activities that commenced prior to March 10, 2003, 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 be authorized, either under this general permit or a separate TPDES permit, prior to March 10, 2003. Section D. Obtaining Authorization to Discharge '~ 1. Small construction activities are determined to occur during periods of low potential for erosion and may be automatically authorized under this general permit, and operators of these sites are not required to develop a storm water pollution prevention plan or submit a notice of intent (NOI), provided: (a) the construction activity occurs at a location defined in Appendix A; (b) the construction activity is initiated and completed, including either final ur temporary stabilization of all disturbed areas, within the time frame identifted in Appendix A for the location of the construction site; (e) all temporary stabilization is adequately maintained to cffcetivcly reduec or prohibit erosion, final 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 site notice (Attachment 1 of this general permit), including the certification statement; (e) a signed copy of the site notice is posted at the construction site in a location where it is readily available for viewing prior to commencing construction activities, and maintained in that location until completion ofthe construction activity; J (f) a copy of the signed and certified site notice is provided to the operator of any municipal separate storm sewer system receiving the discharge; and (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). 2. Small construction activities not described in Part ILD.1. above may be automatically authorized under thts general permit, and operators of these sites are not required to submit an NOI provided they: Page 11 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 a completed site notice (Attachment 1 of this general permit); (c) post a signed copy of the site notice at the construction site in a location where it is readily available for viewing prior to commencing construction activities, and maintain the notice in that location until completion of the construction activity; and (d) provide a copy of the signed and certified site notice to the operator of any municipal separate storm sewer system receiving the discharge. 3. Operators of all other construction activities that qualify for coverage under this general permit must: (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) submit a Notice of Intent (NO[), using a form provided by the executive director, at least 2 days prior to commencing construction activities; or (c) if the operator changes, or an additional operator is added after the initial NOI is submitted, the new operator must submit an NOI at least two (_') days before assuming operational control; (d) post a copy of the NOI at the construction site in a location where it is readily available for viewing prior to commencing construction activities, and maintain the notice in that location until completion of the construction activity; and (e) implement the SWP3 prior to beginning construction activities. 4. Effective Date of Coverage (a) Operators of construction activities described in either Part II. D.1. or D.2. are authorized immediately following compliancewith the conditions ofPart II. D.1. or D.2. that are applicable to the construction activity. (b) Operators of all other construction activities eligible for coverage under this general permit, unless otherwise notified by the executive director, are provisionally authorized two (2) days from the date that a completed NOI is Page 12 TPDES General Permit TXRli0000 postmarked for delivery to the TCEQ. If electronic submission of the NOI is provided, and unless otherwise notifiedby the executive director, operators are provisionally authorized 24 hours following confirmation ofreceipt ofthe 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. (c) Operators are not prohibited from submitting late NOIs 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 is obtained. 5. Notice of Change (NOC) Letter 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 a NOC letter within 14 days after discovery. If relevant information provided in the NOI changes, a NOC letter must be submitted within 14 days of the change. 6. Signatory Requirement for NOI Forms, Notice of Termination (NOT) Fonns and NOC Letters NOI forms. NOT forms, and NOC letters must be signed according to 30 TAC § 305.44 (relating to Application for Permit). 7. Contents of the NOI The NOI form shall require, at a minimum, the following information: (a) the name, address, and telephone number of the operator filing the NOI for permit coverage; (b) the name (or other identifier), address, county, and latitude/longitude of the construction project or site; (c) whether the project or site is located on Indian Country lands; (d) confirmation that a SWP3 has been developed and that the SWP3 will be compliant with any applicable local sediment and erosion control plans; and (e) name of the receiving water(s). Page 13 TPDES General Permit TXR150000 Section E. Application to Terminate Coverage 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 pcrmit. Authorization must be terminated by submitting a Notice of Termination (NOT) on a form supplied by the executive director. Authorization to discharge under this 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 24 hours 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. 1. Notice of Termination Required The NOT must be submitted within thirty (30) days after one or more of the following conditions have been met: (a) final stabilization has been achieved on all portions of the site that is the responsibility of the permittee; (b) another permitted operator has assumed control over all areas of the site that have not been finally stabilized; and (c) all silt fences and other temporary erosion controls have either been removed, established to be removed on a schedule defined in the SWP3, or transferred to a new operator if the new operator has applied for permit coverage. 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 a NOI, the permittees site-specific TPDES general permit 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 have will no longer occur, or that the applicant to terminate coverage is no longer the operator of the facility or construction site. Page 14 TPDES General Permit TXRI50000 Section F. 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 [his section. 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: (a) the calculated rainfall erosivity R factor for the entire period of the • construction project is less than five (5); (b) the operator submits 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 submitted to the TCEQ at least two (2) days before construction activity begins. 2. Activities Extending Beyond the Waiver Period 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 factor R factor using the original start date and a new projected ending date, and if the 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) develop and implement a SWP3, and submit an NO[ according to the requirements of this general permit at least two (2) days before the end of the approved waiver period. Section G. Alternative Coverage Under an Individual TPDES Permit 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 must be submitted at least three hundred and thirty (330) days prior to commencement of construction activities. Page 1 TPDES (',enersl Permit TXRI50000 2. Individual Permit Required The executive director may require an operator of a construction site, otherwise eligible for authorization underthis general permit, to apply for an individual TPDES permit because of: (a) the conditions of an approved TMDL or TMDL implementation plan; (b) the activity is determined to cause a violation of water quality standards or is found to cause, or contribute to, the loss of a designated use of surface water in the state: and (c) any other considerations defined in TAC Chapter 205, including a history of substantive permit non-compliance. Section H. Permit Expiration This general permit shall be issued for a term not to exceed five (~) years. 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 TCEQ publishes a notice of its intent to renew or amend this general permit before the expiration date, the permit will remain in effect for esistina, authorized, discharges until the commission takes final action on the permit. Upun issuance of a renewed or amended permit, permittees may be required to submit an NO[ within 90 days following the effective date of the renewed or amended permit, unless that permit provides for an alternative method for obtaining authorization. In the event that the general permit is not renewed, discharges that are authorized under the general permit must obtain either a TPDES individual permit or coverage under an alternative general permit. Part III. Storm Water Pollution Prevention Plans (SWP3) Storm water pollution prevention plans must be prepared for storm water discharges that will reach 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, etc., used solely by the permitted project. The SWP3 must describe and ensure the implementation of practices that will be used to reduce the pollutants in storm water discharges associated with construction activity at the construction site and assure 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 uperatur, it is the responsibility of each operator to ensure that compliance with the terms and conditions of this Page 16 TPDES General Permit TXR150000 general permit is met in the areas of the construction site where that operator has operational control over construction plans and specifications or day-to-day operational control. Section A. Shared SWP3 Development For more effective coordination of BMPs and opportunities for cost sharing, a cooperative effort by the different operators at a site is encouraged. Operators must independently submit an NOI and obtain authorization, but may work together to prepare and implement a single comprehensive SWP3 for the entire construction site. 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 delineate the date that the NOI was submitted to TCEQ by each operator. If the general permit numbers have not Each participant in [he 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 pcrmittee 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. Responsibilities of Operators Operators with Control Over Construction Plans and Specifications All operators with operational control over construction plans and specifications to the extent necessary to meet the requirements and conditions of this general permit with must: (a) ensure the project specifications allow or provide that adequate BMPs may be developed to meet the requirements of Par[ QI of this general permit: (b) ensure that the SWP3 indicates the areas of the project where they have operational control over project specifications (including the ability to make modifications in specifications); (c) ensure all other operators affected by modifications in project specifications are notified in a timely manner such that those operators may modify best management practices as are 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 TPDES permit numbers for pet7rtittees with the day- Page 17 TPDES General Permit TXR150000 to-day operational control over those activities necessary to ensure compliance with the SWP3 and other permit conditions. In the case that responsible parties have not been identified, the permittee with operational control over project specifications must be considered to be the responsible party until such time as the authority is transferred to another party and the plan is updated. 2. Operators with Day-[o-Day Operational Control Operators with day-to-day operational control of those activities at a project that are necessary to ensure compliance with a SWP3 and other permit conditions must: (a) ensure that the SWP3 for portions of the project where they are operators meets the requirements of this general permit; (b) ensure that the SWP3 identifies the parties responsible for implementation of control measures described in the plan; (c) ensure that the SWP3 indicates areas of the project where they have operational control over day-to-day activities; (d) ensure that the SWP3 indicates, for areas where they have operational control over day-to-day activities, the name and TPDES permit number ofthe parties with operational control over project specifications (including the ability to make modi£cations in specifications). Section C. Deadlines for SWP3 Preparation and Compliance 1. The SWP3 must be: (a) completed prior to obtaining authorization under this general permit; (b) implemented prior to commencing construction activities that result in soil disturbance; (c) updated as necessary to reflect the changing conditions of new operators, new areas of responsibiltty, and changes in best management practices; and (d) provide for compliance with the terms and conditions of this general permit. Section D. Plan Review and Malting 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 Page 18 TPDES General Permit TXR150000 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. 2. Operators of a large construction activity obtaining authorization to discharge through submission of a NOI must post a notice near the main entrance of the construction site. If the construction project is a linear construction project (e.g. pipeline, highway, etc.), the 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. The notice must contain the following information: (a) the TPDES general permit number for the project (or a copy of the NOI that was submitted to the TCEQ if a permit number has not yet been assigned); (b) the name and telephone number of a representative for the operator; (c) a brief description of the project; and (d) Che location of the SWP3. 3. 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 permittees allow members of the general public access to a construction site. Section E. Keeping Plans Current The permittee must amend the storm water pollution prevention plan whenever: there is 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; or 2. 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. Section F. Contents of SWP3 The SWP3 must include, at a minimum, the information described in this section. 1. A site description, or project description must be developed to include: Page 19 TPDF.S (;eneral Permit TXR150000 (a) a description of the nature of the construction activity, potential pollutants and sources; (b) a description of the intended schedule or sequence of major activities that will disturb soils for major portions of the site; (c) the number of acres of the entire construction site property and the total number ofacres ofthe site where construction activities will occur, including off-site material storage areas, overburden and stockpiles of dirt, and borrow areas; (d) an estimate of the runoff coef5cient of the site for both the pre-construction and post-construction conditions and data describing the soil or the quality of any discharge from the site; (e) a map showing the general location of the site (e.g. a portion of a city or county map); (f) a detailed site map 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 stabilization practices are expected to be used: (v) locations of off-site material, waste, borrow or equipment storage areas; (vi) surface waters (including wetlands) either adjacent or in close proximity; and (vii) locations where storm water discharges from the site directly to a surface water body. (g) the location and description of asphalt plants and concrete plants providing support to the construction site and authorized under this general permit; (h) the name of receiving waters at or near the site that will be disturbed or that will receive discharges from disturbed areas of the project; and (i) a copy of this TPDES general permit. Page ?0 TPDES General Permit TXRI50000 2. The SWP3 must describe the structural and the non-structural controls (best management practices) that will be used to minimize pollution in runoff. The description must identify the general timing or sequence for implementation and the party responsible for implementation. At a minimum, the description must include the following components: (a) Erosion and Sediment Controls (i) Erosion and sediment controls must be designed to retain sediment on-site to the maximum extent practicable with consideration for local topography and rainfall. (ii) Control measures must be properly selected, installed, and maintained according to the manufacturer's or designer's specifications. If periodic inspections or other information indicates a control has been used incorrectly, or that the control is performing inadequately, the operator must replace or modify the control. (iii) Sediment must be removed from sediment traps and sedimentation ponds no later than the time that design capacity has been reduced by 50°,/0. (iv) If sediment escapes the site, accumulations must be removed at a frequency to minimize further negative effects, and whenever feasible, prior to the next rain event. (v) Controls must be developed to limit offsite transport of litter, construction debris, and construction materials. (b) Stabilization Practices The SWP3 must include a description of interim and permanent 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) Stabilization practices may include but are not limited to: establishment of temporary vegetation, establishment of permanent vegetation, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of existing trees and vegetation, 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 in Part III.D.1 of this general permit: Page Z 1 TPDES General Permit TXR150000 (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. (iii) Stabilization measures must be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, and except as provided in (i) through (iii) below, must be initiated no more than fourteen (14) days afer 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 is temporarily ceased, and earth disturbing activities will be resumed within twenty-one (21) days, temporary stabilization measures do not have to be initiated on that portion of site. (c) Ingrid areas (areas with an average rainfall of 0 to 10 inches), semiarid areas (areas with an average annual rainfall of 10 to 20 inched, and areas experiencing droughts where the initiation of stabilization measures by the 14th day after construction activity has temporarily or permanently ceased is precluded by seasonably acid conditions, stabilization measures must be initiated as soon as practicable. 3. Structural Control Practices The SWP3 must include a description of any structural control practices used to divert flows away from exposed soils, to limit the contact of runoff with disturbed areas, or to lessen the off-site transport of eroded soils. (a) Sediment basins are required, where feasible, for common drainage locations that serve an area with ten (10) or more acres that remain disturbed at any one time. Sediment basins may be either temporary or permanent, but must be designed to store either the calculated volume of runoff from a 2 year, 24 hour storm from acreage drained, or designed to provide 3,600 cubic feet of storage per 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 Page 22 TPDES General Permit TXRI50000 areas and flow from onsite areas that are either undisturbed or have already undergone final stabilization, if these flows are diverted around both the disturbed areas of the site and the sediment basin. In determining whether installing a sediment basin is feasible, the permittee may consider factors such as site soils, slope, available area on site, public safety, and other similar considerations. Where sediment basins are not feasible, alternative sediment controls, which may include a series of smaller sediment basins, must be used. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries (and for those side slope boundaries deemed appropriate as dictated by individual site conditions) of the construction area. (b) Sediment traps and sediment basins may also 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 (and for those side slope boundaries deemed appropriate as dictated by individual site conditions) of the construction. Alternatively, a sediment basin providing storage for a calculated volume of runoff from these areas fora 2-year, 24- hour storm or 3,600 cubic feet of storage pei acre drained may be provided. 4. Permanent Storm Water Controls A description of any measures that will be installed durine the construction process to control pollutants in storm water discharges that will 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 manasement measures prior to final stabilization of the site and prior to submission of an NOT. 5. Other Controls (a) Off-site vehicle tracking of sediments and the generation of dust must be minimized. (b) The SWP3 must include a description of construction and waste materials expected to be stored on-site and a description of controls to reduce pollutants from these materials. (c) The SWP3 must include a description of pollutant sources from areas other than construction (including storm water discharges from dedicated asphalt plants and dedicated concrete plants), and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges. Page 23 TPDES General Permit TXR150000 6. Approved State and Local Plans (a) Permittees must ensure 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 stone water management site plans or site permits approved by state or local official for which the permittee receives written notice. 7. Maintenance All erosion and sediment control measures and other protective measures identified in the SWP3 mast be maintained in effective operating condition. If through inspections the permittee determines that BMPs are not operating effectively, maintenance must be performed before the next anticipated storm event or as necessary to maintain the continued effectiveness of storm water controls. If maintenance prior to the next anticipated storm event is impracticable, maintenance must be scheduled and accomplished as soon as practicable. 8. Inspections of Controls (a) Personnel provided by the permittee and familiar with the SWP3 must inspect disturbed areas of the constntction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site, at Least once every fourteen (]d) calendar days and within twenty four (24) hours of the end of a storm event of 0.5 inches or greater. Where sites have been finally or temporarily stabilized, where runoff is unlikely due [o winter conditions (e.g. site is covered with snow, ice, or frozen ground exists), or during seasonal arid periods in arid areas (areas with an average annual rainfall of 0 to 10 inches) and semi-arid areas (areas with an average annual rainfall of 10 to 20 inches), inspections must be conducted at least once every month. (b) Utility line installation, pipeline construction, and other examples of long, 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 fourteen (l41 calendar days and within twenty four (24) hours of the end of a storm event of OS inches, but representative Page 24 TPDES General Permit TXR150000 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 segment may be considered as representative of the condition ofcontrols along that reach extending from the end of the 0.25 mile segment to either the end of the next 0.25 mile inspected segment, or to the end of the project, whichever occurs first. (c) Personnel, familiar with all structural and non-structural controls described in the SWP3 and utilized at the site, must inspect disturbed areas of soil and areas used for storage of materials that are exposed to precipitation for evidence of, or the potential for, pollutants entering the drainage system. 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. These inspection must be conducted at least once every fourteen (l4) calendar days and within twenty four (24) hours of the end of a storm event of 0.5 inches or greater. Discharge locations or points from the site that are accessible must be inspected to determine iferosion control measures are effective in preventing visually noticeable changes to receiving waters, including persistent cloudy appearance in water color and noticeable accumulation of sediments. Where discharge locations are inaccessible, nearby downstream locations must be inspected to the extent that such inspections are practicable. The frequency for these inspections must be established by the permittee in the SWP3 with consideration for local rainfall and soil, but must occur at least once during the construction activity if a discharge occurs. (d) The SWP3 must be modit5ed based on the results of inspections, as necessary, to better control pollutants in runoff. Revisions to the S WP3 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, names and qualifications of personnel making the inspection, the dates 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 of BMPs that need to be maintained; locations of BMPs that failed Page 25 TPDES General Permit TXRI50000 to operate as designed or proved inadequate for a particularlocation; 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 S WP3. 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) 9. The SWP3 must identify and ensure the implementation of appropriate pollution prevention measures for all eligible non-storm water components of the discharge. Part IV. Numeric Effluent Limitations Section A. Limitations All discharges of storm water runoff from concrete batch plants must be monitored at the following monitoring frequency and comply with the following numeric effluent limitations: Parameter Total Suspended Solids Oil and Grease pH Limitations Monitoring Daily Maximum Frequency 65 mg/l I/Year* 15 mg/1 1/Year* behveen 6 and 9 standard units 1/Year* * If discharge occurs. Section B. Reporting Requirements Results of monitoring for determining compliance with numeric effluent limitations must be recorded on a discharge monitoring report (DMR). The DMR must either be an original EPA No. 3320- l form (Attachment'_ ofthis general permit), a duplicate of the form, or as otherwise provided by the executive director. Monitoring must be conducted prior to December 31~` for each annual monitoring period. A copy of the DMR must either be retained at the facility or shall be made readily available for review by authorized TCEQ personnel upon request, by March 31~' following the end of each annual monitoring period. If the results indicate the violation of one or more of these numeric limitations, the petmittee must also submit the DMR to the TCEQ's Information Resources Center (MC 212) by March 31 ~' of each annual monitoring period. Part V. 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.D. For activities that are not required to submit an NOT, records shall be retained for a minimum period of three (3) years from the date that either: Page 26 TPDES General Permit TXRI50000 final stabilization has been achieved on all portions of the site that is the responsibility of the permittee; or another permitted operator has assumed control according to over all areas of the site that have not been finally stabilized. Records include: 1. A copy of the SWP3 plan. 2. All reports and actions required by this permit, including a copy of the site notice. 3. All data used to complete the NOI, if an NOI is required for coverage under this general permit. Part VI. Standard Permit Conditions 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 reasonahle 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. 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'_6-28, Health and Safety Code §§ 361.032-361.033 and 361.037, and 40 Code of Federal Regulations (CFR) § 122.41(1). The statement in Texas Water Code § 26.014 that commission entry of a facility shall occur according to an establishment's rules and regulations concerning safety, internal security, and 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. The discharger is subject to administrative, civil, and criminal penalties, as applicable, under Texas Water Code §§ 26.136, 26212, and 26.213 for violations including but not limited to the following: a. negligently or knowingly violating CWA, §§ 301, 302, 306, 307, 308, 318, or 405, or any condition or limitation implementing any sections in a permit issued under CWA, § 402, or any requirement imposed in a pretreatment program approved under CWA, §§ 402(a)(3) or 402(b)(8); Page 27 TPDES General Permit TXR150000 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). Authorization under this general permit does not convey property or water rights of any sort and does not grant any exclusive privilege. Part VII. Fees Section A. Application Fees An application fee of $100 must be submitted with each NOI for coverage of a large construction activity. A fee is not required for submission of an NOT or NOC lever. Section B. Waste Treatment Inspection Fees Large construction activities authorized under this general permit must pay an annual waste treatment inspection fee of $100 under Texas Water Code § 26.0391; and may be subject to an annual watershed monitoring and assessment fee under Texas Water Code, §26.0135(h) consistent with 30 TAC §220? 1 of this title (relating to Water Quality Assessment Fees). Page 28 TPDES General Permit TXR150000 Start Date -End Date Dec. 15 -Feb. 14 Archer Baylor Brown Callahan Childress Coke Coleman Concha Cottle Dimmit Eastland Edwards Fisher Foard Hardeman Haskel l Irion Zones Kerr Kimble King Kinney Knox Mason Maverick McCulloch Menard Nolan Real Runnels Schleicher Shackelford Stephens Stonewall Sutton Taylor Throckmorton Tom Green Uvalde Wichita Wilbarger Young Zavala Appendix A. Periods of Low Erosion Potential by County Start Date -End Date Nov. 15 - Apr. 30 Andrews Armstrong Borden Brewster Briscoe Carson Castro Crane Crosby Dawson Deaf Smith Ector Floyd Gaines Garza Glasscock Hale Hansford Hartley Howard Hutchinson Lubbock Lynn Martin Midland Mitchell Moore Oldham Pecos Potter Randal l Reagan Scurry Sherman Sterling Swisher Terrell Terry Upton Start Date -End Date Feb. l -Mar. 30 Hall Start Date - End Date Nov. 15 -Jan. 14 or Feb. 1 - Mar. 30 Crockett Dickens Kent Motlcy Val Verde Start Date -End Date Nov. 1 -Apr. 14 or Nov. 15 -Apr. 30 Dallam Hockley Lamb Parmer Ward Start Date -End Date Nov. 1 -Apr. 30 or Nov. 15 -May. 14 Bailey Cochran Jeff Davis Loving Presidio Reeves Winkler Yoakum Start Date -End Date Nov. 1 -May. 14 Culberson Hudspeth Start Date -End Date Jan. 1 -Jul. 14 or May. 15 - Jul. 31 or Jun. 1 -Aug. 14 or Jun. 15 -Sep[. 14 or Jul. 1 -Oct. 14 or Jul. 15 - Oct. 31 or Aug. 1 -Apr. 30 or Aug. 15 -May. 14 or Sept. 1 -May. 30 or Oct. 1 -Jun. 14 or Nov. 1 - Jun. 30 or Nov. 15 -Jul. 14 EI Paso Start Date -End Date Jan. 1 -Mar. 30 or Dec. 1 -Feb. 28 Collingsworth Donley Gray Hemphill Lipscomb Ochiltree Roberts Wheeler Page 29 TPDES Genernl Pemut TXR150000 Attachment 1 ~~ ~ -~ i ~ _~ ~ r 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 ILD.I. of the TCEQ General Permit Number TXR150000 for discharges of storm water runoff from construction sites. Additional information regarding the TCEQ storm water permit program may be found on the Internet at: www.tnrcc.state.[x.us, nermittin~iwateroerm/wwoerm/todestorm Permit Number: TXR15 Contact Name and Phone Number: Project Description: Including estimated start date and projected nd date, or date that disturbed soils will be tabilized) For Construction Sites Authorized Under Part II.D.1. the following certification must be completed: I (Typed or Printed Name Person Completing This Certifica[ionl CeI'tlfy Under penalty Of law that I have read and understand the eligibility requirements for claiming an authorization by waiver under Part II.D.1. of TPDES General Permit TXR 150000. 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 this general permit. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4 system. [ 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 Page 30 Attachment 2 TPDES General Permit TXRI50000 ~ s ~ ~ ~ a ~ 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 ILD.2. of the TCEQ General Permit Number TXR 150000 for discharges of storm water runoff from construction sites. Additional information regarding the TCEQ storm water permit program may be found on the interne[ at: www.tnrcc state. tx. us/oermittine/watemerm/wwnerm/todestorm Permit Number: TXR15 Contact Name and Phone Number: Project Description: Including estimated start date and projected nd date, or date that disturbed soils will be tabilized) Location of Storm Water Pollution Prevention Plan For Construction Sites Authorized Under Part II.D.2. (Obtaining Authorization to Discharge) the following certification must be completed: I [Typed or Pnnted Name Person Completing This Certification) CeT tlfy Under penalty Of law that I have read and understand the eligibility requirements for claiming an authorization under Part II.D.2. of TPDES General Permit TXR150000. A storm waterpollution prevention plan has been developed and implemented according to permit requirements. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4 system. 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 Page 31 CpNCR~TF BATCH FAC[G[T[ES PERMITTEE NAMEIADDRESS Ondade F acaav Na"1et~ownon d oinetem) NAME ADDRESS FACILITY C,OCAT'ON - SAMPLE pUIR- E SAMPLE EASUREMEN SAMPLE ~EpUIREMEI S SAMPLE ERAGE ,rznt 3 it number in ^and At Enter your perm r right m the uP ~! rxR+s oo~! svs1EM NOTE: s ace ,8•.s ELIMINATION underlined p agg, Examp 1 olscriAaeE EPORT tDMR1 corner of this p TOED tMC 2121 NATIONAL POLLt,TAN (NPOES) R P O. Box 13057 RGE rY10NITORING 17-19 OD If re4uired, mad to. 7 87 1 1-3087 pISCHA Only Austin. TX Iz-16 MONITORING PERIOD MO DAY ~ FaeauENCV SAMPLE OF TYPE ..~ DAY YEAR 12 ,,, t'~D-1311 No ANAabe}S (69.Y0) _.,-ronTlON . _ ~, (s _..... .a..a.. .•*". .. ....... ....... t„ AvEK,..,- Grab NIMUM 1r{8ar- ' m9l1 ... 65 .. Daily MaX .., Grab 1p+ear .. m9~i .• 15 ...,... Daily Max .' OYrsb 41year gU. .. 8.0.9.0 ......, Range •....,, herel EP~m 33 oMe No zoao-ooa F atn~ ADPmved ~a~e 32 S~Constmction Storm Water Pemuts wystwye:// I Jhup://www.tnrccstate-L[.u...mti[linghva[erpemJwwpemr/construcLhtn ~~ Tazas ~atoral ~asourc~ Cooseruatioo Com~ission Rules ~ Calendar ~ Publications ( Forms ~ About TNRCC ~ Help ___. ittctex Construction Storm Water Permits Agency ^ Proposed Draft TPDES General Permit for Construction Storm Search Water Runoff ^ Transfer of Authority Home ^ AaencY Coverage ^ Construction Storm Water Permit Coverage ^ Construction Activity Definitions See Also: ^ Construction Storm Water Permit Compliance ^ Texas-Specific Requirements for Permit Compliance TPDES Storm Water Permits 1rP:1: Storm water Transfer of Authority from the EPA to the Discharges from TCEQ Construction Activities 1 The Texas Pollutant Discharge Elimination System (TPDES) program EPA's Construction implements the federal National Pollutant Discharge Elimination System General Permit ICGP) (NPDES) program in the state of Texas. For Large Construction Activities ~ Through July 7, 2003, the EPA Region 6 (located in Dallas) is administering RPA's Construction Phase I storm water permits for construction disturbing at Icast 5 acres General Permit ICGP> Within the state of Texas. After that date, the TCEQ will use its TPDES For Sma11 Construction storm water permits for Phase I construction activity. Activities ~ By December 9, 2002, the TCEQ will also develop its Phase II general permit for construction activity disturbing at least L acre and less than 5 acres. Agency Coverage ~Toa of Page Use the following table to determine which of these agencies to address regarding storm water permits for construction: ~ES~Constmction Storm Water Permits wysiwyg:// 1 Jftttp://www.tnrecstate.tx.u. _rmitring/watetperm/wwpertn/construct.htm storm water Permit "Large" sites disturbing 5 or more acres of land (or less than 5 acres that are part of a larger plan of development or sale that is 5 or more acres) covered by the Construction General Permit (63 FR 36490). "Small" sites that disturb equal to or greater than 1 acre, but less than 5 acres of land (and those disturbing less than l acre that are part of a larger common plan of development or sale that will disturb greater than 1 acre, but less than 5 acres of land) Individual Permit TCEQ (TPDES) No currently active permit - a permit is to be developed no later than 12/9/02. Existing and new permits. Proposed Draft TPDES General Permit for Construction Storm Water Runoff The Texas Commission on Environmental Quality (TCEQ) proposes to issue a general permit (Proposed General Permit No. TXRI50000) for Construction Storm Water Runoff covering eligible storm water and certain types of non-storm water discharges to surface water in the state. The proposed general permit provides requirements for operators of small and large construction sites for the development, implementation, and maintenance of a Storm Water Pollution Prevention Plan. A tact sheet describing the regulatory background for the proposed permit has also been prepared. The notice of Proposed General Permit No. TXR150000 has been published in the Texas Register, September 27, 2002 issue. Written public comments must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 by November 15, 2002. A up blic meetine for this proposed permit has been scheduled. Permitting Authority EPA (NPDES) Until the permit expires (7/7/03) or the TCEQ issues a new CGP, whichever occurs first. 3 of 9 9/'_710^_'_:51 P.'vl TPDGS Construction Storm Water Permits wysiwye://1?/http://www.tnrccstate.tx.u...rtnitring/waterperm/wwperm/construct.htn Construction Storm Water Permit Coverage Top of Page • Construction Activities Requiring Coverage • Construction Activity Disturbine Five or More Acres • Construction Activity Disturbing 1-5 Acres • Steps for Determinine Permit Applicability Construction Activities Requiring Coverage ~ Construction activity which disturbs or is part of a lareer common plan of development or sale which disturbs at least one acre in the state of Texas must seek coverage under construction storm water permit. Permitting authorities, options, and schedules depend upon the size of the construction activity. Permitting for Construction .4ctivi[y (Help with PDF) Construction Activity Disturbing Five or More Acres ~ Coverage under the EPA Region 6 Construction General Permit must be sought by the o ep LatOI. of a construction activity that: Will disturb five acres or greater, or Will disturb less than five acres but is part of a larser common plan of development or sale whose total land disturbing activities total five acres or greater (or is designated by the TPDES permitting authority) Will discharge storm water runoff from the construction site into a municipal separate storm water sewer system (MS4) or waters of the United States. Construction Activity Disturbing 1-5 Acres ~ Under the EPA's Phase II Rule, operators of construction activities disturbing equal to or greater than one acre and less than five acres of land will be subject to TPDES permitting requirements once they are established: local construction requirements may apply. Activity disturbing less than one acre will also be included if part of a larser common flan of development or sale whose total land disturbing activities total one acre or greater (or if designated by the TPDES permitting authority). See Steps for Determining Permit Applicability below or the EPA's C~ Storm Water Phase II Final Rule -- Small Construction Program Overview (Fact Sheet 3_0) page for more details. Steps for Determining Permit Applicability • Step I -Determine whether the site discharges storm water to an municipal separate storm sewer system (MS4) or to waters in the State of Texas: 3 of 9 9/^_7/02 2:~1 PM1I TPDES Consttucuon Storrn Water Pernilts wysiwyg://I?/http://www.tnrccstate.tx.u...rtnittine/waterperm/wwperm/conswct.htn Construction site operators may ask their municipal government whether their facility discharges into an MS4 or else to sanitary sewers (SSOs) or combined sewers (CSOs). Water in the state of Texas includes groundwater, percolating or otherwise, lakes, bays, ponds, impounding, reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state, 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 watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state (Section 26.001 of the Texas Water Code). If the site discharges to an MS4 or waters in the state of Texas, proceed to Step 2. Otherwise, no permit is needed. Sites which only discharge to SSOs or CSOs (i.e., sewers which drain both sanitary flows and storm water together) do not require a construction storm water permit. Those unclear about whether or not their site discharges to an MS4 or to waters in the state of Texas should contact the TCEQ for further guidance. Step 2 -Determine how many acres will be disturbed by the construction activity or if this activity is part of a lareer common plan of development or sale, the combined size (in acres) of that plan. Based on acres disturbed and the combined size of any common plan, the operator will fall into one of three permitting categories: !Size of Larger Plan (acres) Acres Disturbed j None ~~1 5 I ! i' >1&