TXR150000_ConstructionGeneralPermitTexas Commission on Environmental Quality
P.O. Box 13087, Austin, Texas 78711 -3087
9
GENERAL PERMIT TO DISCHARGE UNDER THE
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM
under provisions of
Section 402 of the Clean Water Act
and Chapter 26 of the Texas Water Code
This permit supersedes and replaces
TPDES General Permit No. TXR150000, issued March 5, 2oo8
Construction sites that discharge stormwater associated with construction activity
located in the state of Texas
may discharge to surface water in the state
only according to monitoring requirements and other conditions set forth in this general
permit, as well as the rules of the Texas Commission on Environmental Quality (TCEQ or
Commission), the laws of the State of Texas, and other orders of the Commission 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 stormwater and certain non - stormwater
discharges along the discharge route. This includes property belonging to but not limited to
any individual, partnership, corporation or other entity. Neither does this general 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 general permit and the authorization contained herein shall expire at midnight, five
years from the permit effective date.
EFFECTIVE DATE: March 5, 2013
ISSUED DATE: FEB 1 O 2013
For C mission
Construction General Permit
TPDBS General Permit TXR150000
TPDES GENERAL PERMIT NUMBER TXR150000 RELATING TO
STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION
ACTIVITIES
Table of Contents
Part 1.
Flow Chart and Definitions ......................................................................................... 5
Section
A. Flow Chart to Determine Whether Coverage is Required ...,,,,,.--,,,,.5
SectionB.
Definitions ........................................................................................................ h
Part II.
Permit and Coverage --.—.—.—.—.—.—.—.—.--.—.—.—.—.—.—.—..12
Section
A. Discharges Eligible for Authorization ..—.,.,,.,,,,,-.,,,,..--...,,,l2
l.
Storonwotwr Associated with Construction Activity ............---.,.,,.....l2
2.
Discharges ofStnronfnt*r Associated with Construction Support Activities ..........
12
3.
N Discharges ....................................................................................
t2
4.
Other Permitted Discharges .............,..--................,..-,...l3
Section
B. Concrete Truck Wash Out ..............................................................................
13
Section
C. Limitations ooPermit Coverage .—.—.--.—.---.—.—.—.—.—.—.--.--.13
l.
Post Construction Discharges ...................................................................................
l3
2,
Prohibition of ..................---..........13
3.
Compliance With Water Quality Standards .............................................................
13
4.
Impaired Receiving Waters and Total Maximum Daily Load(7MhT)
Requirements-..........—....-----,...—...........----,...........l4
5.
Discharges to the Edwards Aquifer Recharge or Contributing Zone .......................
l4
h.
Discharges to Specific Watersheds and Water Quality Areas ..................................
t4
7.
Protection of Streams and Watersheds by Other Governmental Entities ................
14
0,
Indian Country Lands ...............................................................................................
l4
9.
Oil and Gas Production .............................................................................................
l5
10.
8torozwatrr Discharges from Agricultural Activities ................................................
15
ll,
Endangered Species Act ............................................................................................
q5
12.
Other .........................................................................................................................
l5
Section
D. Deadlines for Obtaining Authorization to Discharge —.—.—.—.—.—.--.—..15
1.
Large Construction Activities ...................................................................................
15
2.
Small Construction Activities ...................................................................................
l5
Section
E. Obtaining Authorization to Discharge ...........................................................
16
1.
Automatic Authorization for Small Construction Activities With Low Potential for
Erosion: .....................................................................................................................
10
2.
Automatic Authorization For All Other Small Activities: ...................
I7
3.
Authorization for Large Construction Activities: .....................................................
l7
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Construction General Permit
TPDBS General Permit TXR150000
4. Waivers for Small Activities: ...............................................................
l8
5. Effective Date of Coverage —.—.—.—.—.—.—.—.----.—.—.—.—.—.—.—.----...10
6. Notice of Change (NKlC) ...........................................................................................
10
7. Signatory Requirement for N(JI Forms, Notice of Termination (NK)7) Forms, NKOC
Letters, and Construction Site Notices .....................................................................
lg
0, Contents of the N(JI ..................................................................................................
l9
Section F. Terminating Coverage ---.—.—.—.—.—.—.—.----.—.—.—.—.—.—.—.—..20
l, Notice of Termination (NK)7) Required ...................................................................
20
2. Minimum Contents of the NOT ................................................................................
2V
3. Termination of Coverage for Small Sites and for Secondary
n± Large Construction Sites .......................................................................................
20
4. Transfer o[ Operational Control ...............................................................................
21
Section G. Waivers from Coverage ..................................................................................
2l
1. Waiver Applicability and Coverage ...........................................................................
22
2. Steps to Obtaining o Waiver .....................................................................................
22
3. Effective Date of Waiver ...........................................................................................
22
4. Activities Extending Beyond the Waiver Period .......................................................
22
Section H. Altrrnative7PI}ES Permit Coverage —.—.—.—.—.—.—.----.—.—.—.—.—..23
1. Individual Permit Alternative ...................................................................................
23
2. Individual Permit ....---...,—...._...-...---..-,—........--.23
3. Alternative Discharge ._.-------......._....-.------.....23
Section I. Permit Expiration .—.—.—.—.—.—.—.—.--.—.—.—.—.—.—.—.—.—.--.—.—.23
Part 111. @tnrozwnstoz Pollution Prevention Plans (8WP3) ......................................................
24
Section A. Shared 6WP3 Development ._.------........_.....,------.......24
Section B. Responsibilities nf Operators .........................................................................
25
1. Secondary Operators and Primary Operators with Control Over Construction Plans
andSpecifications .....................................................................................................
25
2. Primary Operators with l]o}-tn-I}ay Operational Control .......................................
25
Section C. Deadlines for 8WP2 Preparation, Implementation, nodComnlinnce.—.—...25
Section D. Plan Review and Making Plans Available ......................................................
28
Section E. Revisions and Updates to89J9xy ..................................................................
20
SectionF. Contents ofSWP3 ..........................................................................................
2b
Section G. Erosion and Sediment Control Requirements Applicable hoAll Sites ...........
34
Part IV. 8torozwater Runoff from Concrete Batch Plants ......................................................
35
Section A. Beorhozuzk Sampling Requirements .............................................................
35
Section B. Best Management Practices (BMPa) and 8WP3 Requirements _-------.,37
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Construction General Permit
TPDBS General Permit TXR150000
Part V. Concrete Truck Wash Out Requirements -----......._.........-----......4o
Part VI. Retention o[ Records ................................................................................................ 40
Part VII. Standard Permit Conditions .................................................................................... 40
PartVIII. Fees .................................................................................................................... 4l
Appendix Ac Automatic Authorization ------...............------...._..._.....,43
Appendix B: Erosivity Index (ET) Zones io Texas ................................................................... 45
Appendix C: Iaocrodeot Map .................................................................................................. 40
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Construction General Permit TPDES General Permit TXR150000
Part I. Flow Chart and Definitions
Section A. Flow Chart to Determine Whether Coverage is Required
How much land will be disturbed? (* 1)
< 1crc 1 or niore acres
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Construction General Permit
Section B. Definitions
TPDES General Permit TXR150000
Arid Areas - Areas with an average annual rainfall of o 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 1/4 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.
Construction Activity - Includes soil disturbance activities, including clearing, grading,
and excavating; and 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). Regulated construction activity is
defined in terms of small and large construction activity.
Dewatering — The act of draining rainwater or groundwater from building foundations,
vaults, and trenches.
Discharge — For the purposes of this permit, the drainage, release, or disposal of pollutants
in stormwater and certain non - stormwater 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
wash out, fueling), or other industrial stormwater directly related to the construction process
(e.g., concrete or asphalt batch plants) are located.
Drought - Stricken Area — For the purposes of this permit, an area in which the National
Oceanic and Atmospheric Administration's U.S. Seasonal Drought Outlook indicates for the
period during which the construction will occur that any of the following conditions are
likely: (1) "Drought to persist or intensify ", (2) "Drought ongoing, some improvement ", (3)
"Drought likely to improve, impacts ease ", or (4) "Drought development likely ". See
htt : I Zwww. c c.nce .noaa. ov roducts /expert assessment seasonal drou ht.ht 1.
Edwards Aquifer - As defined under Texas Administrative Code (TAC) § 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
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Construction General Permit
TPDES General Permit TXR150000
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 (TCEQ) and
the appropriate regional office. The Edwards Aquifer Map Viewer, located at
http: /f cv.tcec�, texas. ov co pliance field opsppudisclai er ®ht 1, 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 No. 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 No. 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 No. 1216 of the Brazos River Basin. The contributing
zone is illustrated on the Edwards Aquifer map viewer at
htt .tceq,texas. ovf co�npliance� field ops p�% a disclai er.ht 1.
Effluent Limitations Guideline (ELG) — Defined in 40 Code of Federal Regulations
(CFR) § 122.2 as a regulation published by the Administrator under § 304(b) of the Clean
Water Act (CWA) to adopt or revise effluent limitations.
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 (for example, 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 (that is, 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 BMPs, and informing the homeowner of the need for
removal of temporary controls and the establishment of final stabilization.
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Construction General Permit
TPDES General Permit TXR150000
Fullfillment of this requirement must be documented in the homebuilder's
stormwater pollution prevention plan (SWP3).
C. For construction activities on land used for agricultural purposes (such as 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.
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 (for example, 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% of the native background 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.
Impaired Water - A surface water body that is identified on the latest approved CWA
§303(d) List as not meeting applicable state water quality standards. Impaired waters
include waters with approved or established total maximum daily loads (TMDLs), and those
where a TMDL has been proposed by TCEQ but has not yet been approved or established.
Indian Country Land — (from 40 CFR §122.2) (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 of land.
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 of land. 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 (for example, the routine
grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of
existing right -of -ways, and similar maintenance activities.)
Linear Project — Includes the construction of roads, bridges, conduits, substructures,
pipelines, sewer lines, towers, poles, cables, wires, connectors, switching, regulating and
transforming equipment and associated ancillary facilities in a long, narrow area.
Minimize - To reduce or eliminate to the extent achievable using stormwater controls that
are technologically available and economically practicable and achievable in light of best
industry practices.
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Construction General Permit
TPDES General Permit TXR150000
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, stormwater, 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.
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 on -site 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 (for
example, 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 or entity, often the property owner, whose
operational control is limited to:
(a) the employment of other operators, such as a general contractor, to perform or
supervise construction activities; or
(b) the ability to approve or disapprove changes to construction plans and specifications,
but who does not have day -to -day on -site operational control over construction
activities at the site.
Secondary operators must either prepare their own SWP3 or participate in a shared
SWP3 that covers the areas of the construction site where they have control over the
plans and specifications.
If there is not a primary operator at the construction site, then the secondary operator is
defined as the primary operator and must comply with the requirements for primary
operators.
Outfall - For the purpose of this permit, a point source at the point where stormwater 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 stormwater runoff and certain non - stormwater
discharges.
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Construction General Permit
TPDES General Permit TXR150000
Point Source — (from 40 CFR §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 stormwater
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 (TWC) §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.
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).
Receiving Water - A "Water of the United States" as defined in 40 CFR §122.2 into which
the regulated stormwater discharges.
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 stormwater; 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 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, or
original purpose of the site (for example, the routine grading of existing dirt roads, asphalt
overlays of existing roads, the routine clearing of existing right -of -ways, and similar
maintenance activities.)
Steep Slopes — Where a state, Tribe, local government, or industry technical manual (e.g.
stormwater BMP manual) has defined what is to be considered a "steep slope ", this permit's
definition automatically adopts that definition. Where no such definition exists, steep slopes
are automatically defined as those that are 15 percent or greater in grade.
Stormwater (or Stormwater Runoff) - Rainfall runoff, snow melt runoff, and surface
runoff and drainage.
Stormwater Associated with Construction Activity - Stormwater 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 reduce or prevent pollution in stormwater
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Construction General Permit
TPDES General Permit TXR150000
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.
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.
Total Maximum Daily Load (TMDL) - The total amount of a pollutant that a water body
can assimilate and still meet the Texas Surface Water Quality Standards.
Turbidity — A condition of water quality characterized by the presence of suspended solids
and /or organic material.
Waters of the United States - (from 40 CFR §122.2) Waters of the United States or
waters of the U.S. means:
(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 CWA (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 U.S. This exclusion applies only to
manmade bodies of water which neither were originally created in waters of the U.S. (such as
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Construction General Permit
TPDES General Permit TXR150000
disposal area in wetlands) nor resulted from the impoundment of waters of the U.S. Waters
of the U.S. 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 CWA, the final authority regarding CWA jurisdiction remains with EPA.
Part II. Permit Applicability and Coverage
Section A. Discharges Eligible for Authorization
1. Stormwater Associated with Construction Activity
Discharges of stormwater runoff from small and large construction activities may be
authorized under this general permit.
2. Discharges of Stormwater 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.
Construction support activities authorized under this general permit are not commercial
operations, and do not serve multiple unrelated construction projects. Discharges of
stormwater 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) an SWP3 is developed for the permitted construction site according to the provisions
of this general permit, and includes appropriate controls and measures to reduce
erosion and discharge of pollutants in stormwater 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, at the time that they do, are authorized under separate
Texas Pollutant Discharge Elimination System (TPDES) authorization. Separate
TPDES authorization may include the TPDES Multi Sector General Permit (MSGP),
TXR050000 (related to stormwater 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 - Stormwater Discharges
The following non - stormwater 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, or 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, where spills
or leaks of toxic or hazardous materials have not occurred (unless spilled materials
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have been removed; and if local 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;
(e) potable water sources, including waterline flushings, but 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
Any discharge authorized under a separate National Pollutant Discharge Elimination
System ( NPDES), TPDES, or TCEQ permit may be combined with discharges authorized
by this general permit, provided those discharges comply with the associated permit.
Section B. Concrete Truck Wash Out
The wash out of concrete trucks at regulated construction sites must be performed in
accordance with the requirements of Part V of this general permit.
Section C. Limitations on Permit Coverage
1. 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) or removal of the appropriate site notice, as applicable, for the
regulated construction activity.
2. Prohibition of Non- Stormwater Discharges
Except as otherwise provided in Part II.A. of this general permit, only discharges that are
composed entirely of stormwater 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, have the reasonable potential
to 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 if the executive director determines that any activity will cause,
has the reasonable potential to cause, or contribute to a violation of water quality
standards or is found to cause, has the reasonable potential to cause, or contribute to,
the impairment 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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4. Impaired Receiving Waters and Total Maximum Daily Load (TMDL) Requirements
New sources or new discharges of the pollutants of concern to impaired waters are not
authorized by this permit unless otherwise allowable under 3o 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 CWA §303(d) List. Pollutants of
concern are those for which the water body is listed as impaired.
Discharges of the pollutants of concern to impaired water bodies for which there is a
TMDL are not eligible for this general permit unless they are consistent with the
approved TMDL. Permittees must incorporate the conditions and requirements
applicable to their discharges into their SWP3, in order to be eligible for coverage under
this general permit. For consistency with the construction stormwater- related items in
an approved TMDL, the SWP3 must be consistent with any applicable condition, goal, or
requirement in the TMDL, TMDL Implementation Plan (I- Plan), or as otherwise
directed by the executive director.
5. Discharges to the Edwards Aquifer Recharge or Contributing Zone
Discharges cannot be authorized by this general permit where prohibited by 3o 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 3o TAC Chapter 213, may not begin
until the appropriate Edwards Aquifer Protection Plan (EAPP) 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
(CZ), operators must meet all applicable requirements of, and operate according to,
3o 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 (WPAP)
under the Edwards Aquifer Rule is in addition to the requirements of this general
permit. BMPs and maintenance schedules for structural stormwater 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 stormwater runoff
are in addition to the requirements in this general permit for this pollutant.
6. Discharges to Specific Watersheds and Water Quality Areas
Discharges otherwise eligible for coverage cannot be authorized by this general permit
where prohibited by 3o 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
Stormwater 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 stormwater require authorization under federal NPDES
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TPDES General Permit TXR150000
regulations, authority for these discharges must be obtained from the U.S.
Environmental Protection Agency (EPA).
9. Oil and Gas Production
Stormwater 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
stormwater require authorization under federal NPDES regulations, authority for these
discharges must be obtained from the EPA.
1o. Stormwater Discharges from Agricultural Activities
Stormwater discharges from agricultural activities that are not point source discharges
of stormwater 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 Stormwater runoff associated with the construction of facilities that are
subject to TPDES regulations, such as the construction of concentrated animal feeding
operations, would be point sources regulated under this general permit.
11. Endangered Species Act
Discharges that would adversely affect a listed endangered or threatened aquatic or
aquatic- dependent species or its critical habitat are not authorized by this permit, unless
the requirements of the Endangered Species Act are satisfied. Federal requirements
related to endangered species apply to all TPDES permitted discharges and site - specific
controls may be required to ensure that protection of endangered or threatened species
is achieved. If a permittee has concerns over potential impacts to listed species, the
permittee may contact TCEQ for additional information.
12. Other
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 3o TAC §70.7.
Section D. Deadlines for Obtaining Authorization to Discharge
1. 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 (effective on March 5, 2008), must submit an NOI to renew
authorization or a NOT to terminate coverage 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
(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
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TPDES General Permit TXR150000
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 go 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.
Section E. Obtaining Authorization to Discharge
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 an
SWP3 or submit an 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 3o days following the end date of the
time frame identified in Appendix A for the location of the construction site;
(d) the permtttee signs a completed TCEQ construction site notice, 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 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 stormwater runoff or other non - stormwater discharges under an
individual TPDES permit, another TPDES general permit, or under an individual
TCEQ permit where stormwater and non - stormwater is disposed of by evaporation or
irrigation (discharges are adjacent to water in the state); and
(h) any non - stormwater 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.
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Construction General Permit TPDES General Permit TXR150000
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:
(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 TCEQ small construction site notice, 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 prior to
commencement of construction activities.
Operators of small construction activities as defined in Part I.B 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 of large 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 an 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 if utilizing 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 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);
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(d) prior to commencing construction activities, all primary operators must (1) provide a
copy of the signed NOI to the operator of any MS4 receiving the discharge and to any
secondary construction operator, and (2) list in the SWP3 the names and addresses of
all MS4 operators receiving a copy;
(e) all persons meeting the definition of "secondary operator" in Part I of this permit are
hereby notified that they are regulated under this general permit, but are not
required to submit an NOI, provided that a primary operator 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; and
(f) all secondary operators must provide a copy of the signed and certified Secondary
Operator construction site notice to the operator of any MS4 receiving the discharge
prior to commencement of construction activities.
4. Waivers for Small Construction Activities:
Part II.G. 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 II.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 3o 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 3o TAC Chapter 213 until all applicable requirements of that rule are met.
(b) Primary operators of large construction activities as described in Part II.E.3. above
are provisionally authorized seven (7) days from the date that a completed NOI is
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 3o 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 3o TAC
Chapter 213 until all applicable requirements of that rule are met.
(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 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
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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 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 3o TAC § 305.44 (relating to Signatories for
Applications).
8. Contents of the NOI
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 go 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 in accordance with this general permit,
that it will be implemented prior to construction, and that it is compliant with any
applicable local sediment and erosion control plans; for multiple operators who
prepare a shared SWP3, the confirmation for an operator may be limited to its
obligations under the SWP3 provided all obligations are confirmed by at least one
operator;
(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 CWA § 303(d) List of impaired waters.
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Construction General Permit TPDES General Permit TXR150000
Section F. Terminating Coverage
1. 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 an 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 3o days after any of the following conditions
are met:
(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 location (latitude /longitude) of
the construction project or site; and
(e) a signed certification that either all stormwater discharges requiring authorization
under this general permit will no longer occur, or that the applicant 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 3o days
of meeting any of the following conditions:
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(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 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 an NOT within ten (lo) days
prior to the date that responsibility for operations terminates, and the new operator
must submit an NOI at least ten (lo) 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 II.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 II.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
finally 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.
Section G. Waivers from Coverage
The executive director may waive the otherwise applicable requirements of this general
permit for stormwater discharges from small construction activities under the terms and
conditions described in this section.
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1. Waiver Applicability and Coverage
TPDES General Permit TXR150000
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 -
stormwater discharges. The operator must insure that any non - stormwater 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 R factor is less than five
(5); and
(c) the waiver certification form is postmarked for delivery to the TCEQ at least seven (7)
days before construction activity begins or, if electronic filing is available, then any
time following the receipt of written confirmation from TCEQ that a complete
electronic application was submitted and acknowledged.
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.
Alternatively, the operator may calculate a site - specific R factor utilizing the following
online calculator: http -Z ei.ta u.edulindex.ht 1, 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 seven (7) days from the date that a
completed waiver certification form is postmarked for delivery to TCEQ, or immediately
upon receiving confirmation of approval of an electronic submittal, if electronic form
submittals are available.
4. 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:
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(a) recalculate the 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) obtain authorization under this general permit according to the requirements
delineated in either Part II.E.2. or Part II.E.3. before the end of the approved waiver
period.
Section H. Alternative TPDES Permit Coverage
1. Individual Permit Alternative
Any discharge eligible for coverage under this general permit may alternatively be
authorized under an individual TPDES permit according to 3o TAC §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 authorization.
2. Individual Permit Required
The executive director may suspend an authorization or deny an NOI in accordance with
the procedures set forth in 3o TAC §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 TMDL or TMDL I -Plan on the receiving water;
(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 3o TAC Chapter 205.4(c)(3)(1)), 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 3o 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 3o TAC Chapter 205 (relating to General Permits for
Waste Discharges).
3. Alternative Discharge Authorization
Any discharge eligible for authorization under this general permit may alternatively be
authorized under a separate general permit according to 3o TAC Chapter 205 (relating
to General Permits for Waste Discharges), if applicable.
Section I. Permit Expiration
1. This general permit is effective 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 3o TAC §205.3 (relating to
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Public Notice, Public Meetings, and Public Comment), the commission may amend,
revoke, cancel, or renew this general permit.
2. 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 go days following the effective date of the renewed or amended
permit, unless that permit provides for an alternative method for obtaining
authorization.
3. If the commission does not propose to reissue this general permit within go 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. Stormwater Pollution Prevention Plans (SWP3)
All regulated construction site operators shall prepare an SWP3, prior to submittal of an
NOI, to address discharges authorized under Parts II.E.2. and II.E.3. of this general permit
that will reach Waters of the U.S., including discharges to MS4s and privately owned
separate storm sewer systems that drain to Waters of the U.S., 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
stormwater associated with construction activity and non - stormwater 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 of BMPs 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.
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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.
3. The SWP3 may provide that one operator is responsible for preparation of a SWP3 in
compliance with the CGP, and another operator is responsible for implementation of
the SWP3 at the project site.
Section B. Responsibilities of Operators
1. 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 shall:
(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;
(c) ensure that all other operators affected by modifications in project specifications
are notified in a timely manner so that those operators may modify their BMP s 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 number(s) for
operators 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
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 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.
Section C. 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
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disturbance. The SWP3 must be prepared so that it provides for compliance with the
terms and conditions of this general permit.
Section D. Plan Review and Making Plans Available
1. 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 stormwater management
plans; local government officials; and the operator of a municipal separate storm
sewer receiving discharges from the site. If the SWP3 is retained off -site, then it shall
be made available as soon as reasonably possible. In most instances, it is reasonable
that the SWP3 shall be made available within 24 hours of the request.
2. A primary operator of a large construction activity must post the TCEQ site notice
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 TCEQ site notice required in Part II. E.1.,
2., or 3. of this general permit in order to obtain authorization. If the construction
project is a linear construction project, such as a 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:
(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.
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. Revisions and Updates to SWP3s
The permittee must revise or update the SWP3 whenever the following occurs:
1. 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;
2. changing site conditions based on updated plans and specifications, new operators,
new areas of responsibility, and changes in BMPs; or
3. 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 and
must comply with the construction and development effluent guidelines in Part III,
Section G of the general permit.
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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;
(c) a description of the intended schedule or sequence of activities that will disturb
soils for major portions of the site, including estimated start dates and duration of
activities;
(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 controls and buffers, 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 or chemical storage areas;
(vi) surface waters (including wetlands) either at, adjacent, or in close
proximity to the site, and also indicating those that are impaired waters;
(vii) locations where stormwater discharges from the site directly to a surface
water body or a municipal separate storm sewer system;
(viii) vehicle wash areas; and
(ix) designated points on the site where vehicles will exit onto paved roads (for
instance, this applies to construction transition from unstable dirt areas to
exterior paved roads).
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 discharges from disturbed areas of the project;
(j) a copy of this TPDES general permit;
(k) the 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;
(1) stormwater and allowable non - stormwater discharge locations, including storm
drain inlets on site and in the immediate vicinity of the construction site; and
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(m) locations of all pollutant - generating activities, such as paving operations;
concrete, paint and stucco washout and water disposal; solid waste storage and
disposal; and dewatering operations.
2. A description of the 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, compliant with the requirements of Part
III.G.1 and G.2 of this general permit, 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.
(iii) Erosion control and stabilization measures must be initiated immediately
in portions of the site where construction activities have temporarily
ceased and will not resume for a period exceeding 14 calendar days.
Stabilization measures that provide a protective cover must be initiated
immediately in portions of the site where construction activities have
permanently ceased. The term "immediately" is used to define the
deadline for initiating stabilization measures. In the context of this
requirement, "immediately" means as soon as practicable, but no later than
the end of the next work day, following the day when the earth - disturbing
activities have temporarily or permanently ceased. Except as provided in
(A) through (D) below, these measures must be completed as soon as
practicable, but no more than 14 calendar days after the initiation of soil
stabilization measures:
(A) Where the immediate initiation of stabilization measures after
construction activity temporarily or permanently ceased is precluded
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by snow cover or frozen ground conditions, stabilization measures
must be initiated as soon as practicable.
(B) In and areas, semi -arid areas, or drought- stricken areas where the
immediate initiation of stabilization measures after construction
activity has temporarily or permanently ceased or is precluded by and
conditions, erosion control and stabilization measures must be
initiated as soon as practicable. Where vegetative controls are not
feasible due to and conditions, the operator shall immediately install,
and within 14 calendar days of a temporary or permanent cessation of
work in any portion of the site complete, non - vegetative erosion
controls. If non - vegetative controls are not feasible, the operator shall
install temporary sediment controls as required in Paragraph (C)
below.
(C) 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.
(D) If the initiation or completion of vegetative stabilization is affected by
circumstances beyond the control of the permittee, vegetative
stabilization must be initiated or completed as soon as conditions or
circumstances allow it on the site. The requirement to initiate
stabilization is triggered as soon as it is known with reasonable
certainty that work will be stopped for 14 or more additional calendar
days.
(iv) Final stabilization must be achieved prior to termination of permit
coverage.
(v) TCEQ does not expect that temporary or permanent stabilization measures
to be applied to areas that are intended to be left un- vegetated or un-
stabilized following construction (e.g., dirt access roads, utility pole pads,
areas being used for storage of vehicles, equipment, or materials).
(c) Sediment Control Practices
The SWP3 must include a description of any sediment control practices used to
remove eroded soils from stormwater 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)
(1) A sedimentation basin is required, where feasible, for a common
drainage location that serves an area with ten (1o) 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.
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(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.
(4) Unless infeasible, when discharging from sedimentation basins
and impoundments, the permittee shall utilize outlet structures
that withdraw water from the surface.
(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
stormwater runoff for drainage locations serving less than ten (io)
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
acre drained may be utilized. Where rainfall data is not available or a
calculation cannot be performed, a temporary or permanent sediment
basin providing 3,60o cubic feet of storage per acre drained may be
provided. If a calculation is performed, then the calculation shall be
included in the SWP3.
(C) If sedimentation basins or impoundments are used, the permittee
shall comply with the requirements in Part III.G.6 of this general
permit.
3. Description of Permanent Stormwater Controls
A description of any measures that will be installed during the construction process
to control pollutants in stormwater 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 stormwater 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.
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(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 stormwater 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 offsite
transport of suspended sediments and other pollutants if it is necessary to pump
or channel standing water from the site.
(f) Permittees shall ensure that all other required controls and BMPs comply with
all of the requirements of Part III.G of this general permit.
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 stormwater
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 stormwater management site plans or site permits approved by
state or local official for which the permittee receives written notice.
(c) If the permittee is required to prepare a separate management plan, including
but not limited to a WPAP or Contributing Zone Plan in accordance with 3o 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
stormwater 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 shall
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
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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
shall 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 of 0.5 inches or
greater.
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, semi -arid, or drought- stricken areas, inspections must be conducted at
least once every month and within 24 hours after the end of a storm event of 0.5
inches or greater. The SWP3 must also contain a record of the total rainfall
measured, as well as the approximate beginning and ending dates of winter or
drought conditions resulting in monthly frequency of inspections.
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 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 of long,
narrow, linear construction activities may provide inspection personnel with
limited access to the areas described in Part III.F.7.(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 or greater, 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.7.(a)
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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 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).
(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 of BMPs 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 3o 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 - stormwater components of the discharge, as
listed in Part II.A.3. of this permit.
9. The SWP3 must include the information required in Part III.B. of this general permit.
lo. The SWP3 must include pollution prevention procedures that comply with Part
III.G.4 of this general permit.
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Construction General Permit
TPDES General Permit TXR150000
Section G. Erosion and Sediment Control Requirements Applicable to All Sites
Except as provided in 40 CFR § §125.30- 125.32, any discharge regulated under this
general permit, with the exception of sites that obtained waivers based on low rainfall
erosivity, must achieve, at a minimum, the following effluent limitations representing
the degree of effluent reduction attainable by application of the best practicable control
technology currently available (BPT).
1. Erosion and sediment controls. Design, install, and maintain effective erosion
controls and sediment controls to minimize the discharge of pollutants. At a
minimum, such controls must be designed, installed, and maintained to:
(a) Control stormwater volume and velocity within the site to minimize soil erosion;
(b) If any stormwater flow will be channelized at the site, stormwater controls must
be designed to control both peak flowrates and total stormwater volume to
minimize erosion at outlets and to minimize downstream channel and
streambank erosion;
(c) Minimize the amount of soil exposed during construction activity;
(d) Minimize the disturbance of steep slopes;
(e) Minimize sediment discharges from the site. The design, installation, and
maintenance of erosion and sediment controls must address factors such as the
amount, frequency, intensity and duration of precipitation, the nature of resulting
stormwater runoff, and soil characteristics, including the range of soil particle
sizes expected to be present on the site;
(f) If earth disturbance activities are located in close proximity to a surface water,
provide and maintain appropriate natural buffers if feasible and as necessary,
around surface waters, depending on site - specific topography, sensitivity, and
proximity to water bodies. Direct stormwater to vegetated areas to increase
sediment removal and maximize stormwater infiltration. If providing buffers is
infeasible, the permittee shall document the reason that natural buffers are not
feasible, and shall implement additional erosion and sediment controls to reduce
sediment load;
(g) Preserve native topsoil at the site, unless infeasible; and
(h) Minimize soil compaction in post- construction pervious areas. In areas of the
construction site where final vegetative stabilization will occur or where
infiltration practices will be installed, either:
(1) restrict vehicle and equipment use to avoid soil compaction; or
(2) prior to seeding or planting areas of exposed soil that have been compacted,
use techniques that condition the soils to support vegetative growth, if
necessary and feasible;
(i) TCEQ does not consider stormwater control features (e.g., stormwater
conveyance channels, storm drain inlets, sediment basins) to constitute "surface
waters" for the purposes of triggering the buffer requirement in Part III.G.(f)
above.
2. Soil stabilization. Stabilization of disturbed areas must, at a minimum, be initiated
immediately whenever any clearing, grading, excavating, or other earth disturbing
activities have permanently ceased on any portion of the site, or temporarily ceased
on any portion of the site and will not resume for a period exceeding 14 calendar
days. In the context of this requirement, "immediately" means as soon as practicable,
but no later than the end of the next work day, following the day when the earth -
disturbing activities have temporarily or permanently ceased. Temporary
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Construction General Permit
TPDES General Permit TXR150000
stabilization must be completed no more than 14 calendar days after initiation of soil
stabilization measures, and final stabilization must be achieved prior to termination of
permit coverage. In arid, semi -arid, and drought- stricken areas where initiating
vegetative stabilization measures immediately is infeasible, alternative non -
vegetative stabilization measures must be employed as soon as practicable. Refer to
Part III.F.2.(b) for complete erosion control and stabilization practice requirements.
3. Dewatering. Discharges from dewatering activities, including discharges from
dewatering of trenches and excavations, are prohibited, unless managed by
appropriate controls.
4. Pollution prevention measures. Design, install, implement, and maintain effective
pollution prevention measures to minimize the discharge of pollutants. At a
minimum, such measures must be designed, installed, implemented, and maintained
to:
(a) Minimize the discharge of pollutants from equipment and vehicle washing, wheel
wash water, and other wash waters. Wash waters must be treated in a sediment
basin or alternative control that provides equivalent or better treatment prior to
discharge;
(b) Minimize the exposure of building materials, building products, construction
wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents,
sanitary waste, and other materials present on the site to precipitation and to
stormwater; and
(c) Minimize the discharge of pollutants from spills and leaks, and implement
chemical spill and leak prevention and response procedures.
5. Prohibited discharges. The following discharges are prohibited:
(a) Wastewater from wash out of concrete trucks, unless managed by an appropriate
control (see Part V of the general permit);
(b) Wastewater from wash out and cleanout of stucco, paint, form release oils, curing
compounds and other construction materials;
(c) Fuels, oils, or other pollutants used in vehicle and equipment operation and
maintenance; and
(d) Soaps or solvents used in vehicle and equipment washing.
6. Surface outlets. When discharging from basins and impoundments, utilize outlet
structures that withdraw water from the surface, unless infeasible.
Part IV. Stormwater Runoff from Concrete Batch Plants
Discharges of stormwater 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 stormwater 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. Benchmark Sampling Requirements
1. Operators of concrete batch plants authorized under this general permit shall sample
the stormwater runoff from the concrete batch plants according to the requirements
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Construction General Permit
TPDES General Permit TXR150000
of this section of this general permit, and must conduct evaluations on the
effectiveness of the SWP3 based on the following benchmark monitoring values:
Table s. Benchmark Parameters
Benchmark
Parameter
Benchmark Value
Sampling
Frequency
Sample Type
Oil and Grease
15 mg /L
i /quarter ( *1) ( *2)
Grab ( *3)
Total Suspended
Solids
loo mg /L
1 /quarter ( *1) ( *2)
Grab ( *3)
pH
6.0 — 9.o Standard
Units
1 /quarter ( *1) ( *2)
Grab ( *3)
Total Iron
1.3 mg /L
1 /quarter ( *1) ( *2)
Grab ( *3)
( *1) 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
stormwater 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 stormwater 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 stormwater discharge resulting from
a storm event that is at least o.1 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
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
stormwater runon to the permitted facility, by laboratory analyses of samples of
stormwater run -off from adjacent non - industrial areas, or by identifying the
pollutant is a naturally occurring material in soils at the site.
Section B. Best Management Practices (BMPs) and SWP3 Requirements
Minimum 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 stormwater 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 stormwater 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 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 major
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 stormwater and that have a potential to
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Construction General Permit
TPDES General Permit TXR150000
affect the quality of stormwater 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 stormwater and that drain to
stormwater outfalls associated with concrete batch plants authorized under this
general permit must be developed, maintained, and updated as needed.
(d) Sampling Data - A summary of existing stormwater 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 stormwater.
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 stormwater. 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 stormwater 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. 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 stormwater 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 stormwater pollution prevention, with
the provisions of the SWP3. The frequency of training must be documented in
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Construction General Permit TPDES General Permit TXR150000
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 stormwater 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 stormwater 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 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.1.,
"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 permittee 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 3o TAC §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.
Section C. 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
wash out at construction sites may be authorized if conducted in accordance with the
requirements of Part V of this general permit.
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Construction General Permit TPDES General Permit TXR150000
Part V. Concrete Truck Wash Out Requirements
This general permit authorizes the wash out of concrete trucks at construction sites regulated
under Sections II.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. Any other direct discharge of concrete production waste water 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 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
wash out as the result of rainfall or stormwater runoff.
4. The discharge of wash out water must 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 site 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, revoking, or denying
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
Page 40
Construction General Permit
TPDES General Permit TXR150000
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 TWC Chapters 26 -28, Texas Health and
Safety Code § §361.032 - 361.033 and 361.037, and 40 CFR §122.41(i). The statement
in TWC §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.
5. The discharger is subject to administrative, civil, and criminal penalties, as
applicable, under TWC Chapter 7 for violations including but not limited to the
following:
(a) negligently or knowingly violating the federal 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 § §4o2(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; and
(c) knowingly violating §303 of the federal CWA, and placing another person in
imminent danger of death or serious bodily injury.
6. All reports and other information requested by the executive director must be signed
by the person and in the manner required by 3o 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.
8. The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit that has a reasonable likelihood of adversely affecting human
health or the environment.
g. The permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or
used by the permittee to achieve compliance with the conditions of this permit.
Proper operation and maintenance also includes adequate laboratory controls and
appropriate quality assurance procedures. This provision requires the operation of
back -up or auxiliary facilities or similar systems which are installed by a permittee
only when the operation is necessary to achieve compliance with the conditions of the
permit.
10. The permittee shall comply with the reporting requirements in 40 CFR §122.41(1), as
applicable.
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 an NOI electronically.
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Construction General Permit
TPDES General Permit TXR150000
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 for this general permit. The Water Quality
Annual Fee has been incorporated into the NOI fees as described above.
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Construction General Permit
TPDBS General Permit TXR150000
Appendix A: Automatic Authoirization
Periods ofLow ErnsinoPotentialbyConntv - Eligible Date Ranges
Andrews: Nov. 15 -Anr 30
Armstrong: Nov. 15- Apr. 30
Dec. l5- Feb. l4
Borden: Nov. q5- Apr. 30
Briscoe: Brewster: Nov. 15 - Apr. 30
Nov. l5-Apr 30
Brown: Dec. l5- Feb. 14
Callahan: Dec. 15 - Feb. 14
Castro: Nov. 15 -&nr 30
Childress: Dec. 15 - Feb. 14
Cochran: Nov. 1- Apr. 30,or Nov. 15-
May 14
Coke: Dec. 15- Feb. 14
Coleman: Dec. l5- Feb. l4
: Jan. l- Mar. 30,or Dec. l-
Feb. 28
Crane: Nov. l5- Apr. 30
Crockett: Nov. l5- Jan. l4,nr Feb. l-
Mar. 30
Nov. t5- Apr. 30
Dollozo: Nov. 1- Apr. %4`nr Nov. qj-Apr.
30
I)owa7n: Nov. 15- Apr. 30
Deaf Smith: Nov. q5- Apr. 30
Dickens: Nov. l5- Jan. 14,nr Feb.l - Mbar
30
I)boodt: Dec. z5- Feb. z4
Eastland: Dec. 15 - Feb. 14
Edoc: Nov. q5- Apr. 30
El Paso: Jan. 1- Jul. t4,nrMay 15-Jul.
3I`or Jun. I- Aug. t4`nc Jun. 15- Sept. 14,
or Jul. l - (Jct l4,or Jul. l5- Oct. 31, or
Aoe,l - Anr 30'or Aug. l5- May l4'nr
Sept. l- May 30,or Oct. l- Jun. l4'nr
Nov. l- Jun. 30'or Nov. l5- Jul. l4
Fisher: Dec. z5- Feb. z4
Fouzd: Dec. z5- Feb. z4
Gaines: Nov. q5-Apr. 30
Garza: Nov. 15- Apr. 30
Glasscock: Nov. 15- Apr. 30
fIu1e: Nov. 15-Apr. 30
f{anaford: Nov. 15- Apr. 30
Hozdeozuo: Dec. l5- Feb. l4
Nov. l5- Apr. 30
Nov.l - Apr l4,oz Nov. q5-
Apr. 30
I{ovvozd: Nov. l5- Apr. 3n
Hudspeth: Nov. l- May l4
Hutchinson: Nov. 15- Apr. 30
Irioo: Dec. 15- Feb. 14
Jeff Davis: Nov. 1- Apr. 3Oor Nov. 15-
May 14
Jones: Dec. 15- Feb. t4
Kent: Nov. 15- Jan. t4or Feb. 1- Mar. 30
King: Dec. l5- Feb. z4
Dec z5- Feb. z4
Page 43
Construction General Permit
Loving: Nov. 1- Apr. 30,nr Nov. 15-May
14
Lubbock: Nov 45- Apr. 30
I�7mm: Nov. 15- Apr. 30
Martin: Nov. 15 -&nr 30
Mason: Dec. l5- Feb. l4
Maverick: Dec. l5- Feb. l4
McCulloch: Dec. l5- Feb. l4
Memard: Dec. l5- Feb. l4
Midland: Nov. l5- Apr. 3o
Mitchell: Nov. 15- Apr. 30
D8nnro: Nov. 15- Apr. 3O
Motley: Nov. 15 -Joo. 14` or Feb. 1 -Mar.
30
Nolan: Dec. 15- Feb. 14
Oldham: Nov. 15- Apr. 3O
Por000r: Nov. 1- Apr. 14,or Nov. q5-Apr.
30
Pecos: Nov. l5- Apr. 30
Potter: Nov. l5- Apr. 30
Prmaidio: Nov. l- Apr. 3o'or Nov. l5-
May 14
Randall: Nov. l5- Apr. 30
Reagan: Nov. 15- Apr. 3O
Roo{: [)co. 15 - Feb. 14
Reeves: Nov. 1- Apr. 30,nr Nov. 15-May
14
Runnels: Dec. 15-Fah. 14
Schleicher: Dec. 15- Feb. 14
TPDBS General Permit TXR150000
Nov. 15- Apr. 30
Shackelford: Dec 15- Feb. X4
Sherman: Nov15-&nr.3O
Stephens: Dec 15- Feb. 14
Sterling: Nov. 15-Apr 30
Stonewall: Dec. l5- Feb. l4
Sutton: Dec. 15- Feb. l4
Swisher: Nov. l5- Apr. 3V
Taylor: Dec. 15-Feb, 14
Terrell: Nov. l5- Apr. 30
Tern: Nov q5- Apr. 30
Tbrorkmortoo: Dec. 15 - Feb. 14
Tom Green: Dec. 15- Feb. I4
Upton: Nov. 15- Apr. 30
Uvalde: Dec. 15-Feb. 14
Val Verde: Nov. 15- Jan. 14,or Feb. 1-
Mar. 30
Ward: Nov. l- Apr. l4,or Nov. l5-Apr.
30
Wichita: Dec. l5-Fob. 14
Wilbozger: Dec. l5-Feb. 14
Winkler: Nov. l- Apr. 30,or Nov. q5-
May 14
Yoakum: Nov. 1 - Apr. 30, or Nov. 15 -
May 14
Young: Dec. 15- Feb. 14
Wheeler: Jan. 1- Mar. 3O,or Dec. 1-Feb.
28
Zavo}o: Dec. 1S- Feb. 14
Page 44
Construction General Permit
I
TPDES General Permit TXR150000
Appendix B: Erosivity Index (EI) Zones in Texas
I
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
Construction General Permit TPDES General Permit TXR150000
-1o*V
Appendix C: Isoerodent Map
4
Adapted from Chapter 2 of USDA Agriculture Handbook log: `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
EI #
89
90
91
92
93
94
95
96
97
1o6
Construction General Permit
TPDES General Permit TXR150000
Appendix D: Erosivity Indices for EI Zones in Texas
Periods:
1/1
1/16
1/31
2/15
3/1
3/i6
3/31
4/15
4/30
5/15
5/30
6/14
6/29
7/14
7/29
8/13
8/28
9/12
9/27
10/12
10/2
11/11
11/2612/11
12/31
0
1
1
2
3
4
7
2
8
27
38
48
55
62
69
76
83
90
94
97
98
99
loo
loo
loo
0
1
2
3
4
6
8
13
21
29
37
46
54
60
65
69
74
81
87
92
95
97
98
99
loo
0
0
0
0
1
1
1
2
6
16
29
39
46
53
6o
67
74
81
88
95
99
99
100
100
100
0
0
0
0
1
1
1
2
6
16
29
39
46
53
60
67
74
81
88
95
99
99
100
100
100
0
1
1
2
3
4
6
8
13
25
40
49
56
62
67
72
76
8o
85
91
97
98
99
99
100
0
1
2
4
6
8
10
15
21
29
38
47
53
57
61
65
70
76
83
88
91
94
96
98
loo
0
1
3
5
7
9
11
14
18
27
35
41
46
51
57
62
68
73
79
84
89
93
96
98
loo
0
2
4
6
9
12
17
23
30
37
43
49
54
58
62
66
70
74
78
82
86
90
94
97
100
0
1
3
5
7
1 10
14
20
28
37
48
56
61
64
68
72
77
81
86
89
92
95
98
99
loo
0
3
6
9
13
1 17
21
27
33
38
1 44
49
55
61
67
71
1 75
78
81
84
86
90
94
97
100
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 11 and ends on December 31.
Table adapted from Chapter 2 of USDA Agriculture Handbook 7o3: `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 47