Texas Commission on Environmental Quality- Small Municipal Storm Sewer System
Texas Commission on Environmental Quality
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NOTICE OF APPLICATION FOR
SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
General Permit Authorization No. TXR040241
APPLICATION. City of Schertz, 10 Commercial Place, Schertz, Texas 78154-3101, has
applied to the Texas Commission on Environmental Quality (TCEQ) under the Texas Pollutant
Discharge Elimination System (TPDES) General Permit No. TXR040000 for authorization to
discharge from the City of Schertz municipal separate storm sewer system (MS4). The notice of
intent (NOl) was received by TCEQ on February 11,2008.
The MS4 is located within the municipal boundaries of the City of Schertz, in Guadalupe, Bexar,
and Comal Counties, Texas. The MS4 will discharge to the drainage areas of the Guadalupe and
San Antonio River Basins.
A copy of the NOI, storm water management program, general permit, and fact sheet is available
for viewing and copying at the City Hall, 1400 Schertz Parkway, Schertz, Texas 78154.
The Executive Director of the TCEQ has made a preliminary decision to approve coverage of this
MS4 under TPDES General Permit No. TXR040000.
PUBLIC COMMENT. Written public comments may be submitted to the Office of Chief
Clerk, at the address provided in the information section below, within 30 days of the date
of newspaper publication of this notice. In addition, the public may request a public meeting.
If significant interest exists, the Executive Director will direct the applicant to publish a notice of
the public meeting and hold the public meeting. The applicant must publish notice of a public
meeting at least 30 days prior to the meeting in a newspaper of general circulation in the county
in which the MS4 is located. If the MS4 is located in more than one county, the applicant must
publish notice in a newspaper of general circulation in the county containing the largest
residential population. The Executive Director will consider all relevant information pertaining
to whether the applicant meets the requirements of the general permit and will issue a written
determination as to any final action on the NOI for coverage under the general permit.
INFORMATION. Written public comments should be submitted to the Office of the Chief
Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at
www.tceq.state.tx.us/aboutlcomments.html. For additional information, about the application or
the procedure for public participation in the general permit process, individual members of the
general public may contact the Office of Public Assistance at 1-800-687-4040. Si desea
informacion en Espanol, puede llamar al 1-800-687-4040. General information regarding the
TCEQ can be found at our web site at www.tceq.state.tx.us.
Issued: JAN 2 2 2009
TCEQ-OFFICE OF THE CHIEF CLERK APPLICANT NAME: CITY OF SCHERTZ
MC-105 Attn: Notice Team PERMIT NO.: TXR040241 CCO #: 66800
PO BOX 13087 Notice of Application for Small Municipal
AUSTIN TX 78711-3087 Separate Storm Sewer System (MS4)
AFFIDA VIT OF PUBLICA nON
STATE OF TEXAS S
COUNTY OF S
BEFORE ME, the undersigned authority, on this day personally appeared
, who being by me duly
(name of newspaper representative)
sworn, deposes and says that (s)he is the
(title of newspaper representative)
of the ; that this newspaper is
(name of newspaper)
regularly published in County, Texas, and is the newspaper of largest
I -,~
circulation within the following county or counties ,
Texas; that the attached notice was published in said newspaper on the following date:
Newspaper Representative's Signature
Subscribed and sworn to before me this the day of ,
20 , to certify which witness my hand and seal of office.
(Seal) Notary Public in and for the State of Texas
Print or Type Name of Notary Public
My Commission Expires
q..<:..u,,-:;::::.~. I)-t{~'" oo(Y\
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Buddy Garcia, Chairman
Larry R. Soward, Commissioner
Bryan W. Shaw, Ph.D., Commissioner
Mark R. Vickery, P.G., Executive [Jirector
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
January 22,2009
'l
91 7108 2133 3935 1950 9748
MR SAM WILLOUGHBY
CITY OF SCHERTZ
10 COMMERCIAL PL
BLDG 2
SCHERTZ, TX 78154-3l01
RE: Applicant Name: CITY OF SCHERTZ
MS4 Location: BEXAR County
Permit Number: TXR040241
Customer Reference Number: CN600676944
Regulated Entity Number: RNI05566103
Type of Authorization: NEW
Dear MR WILLOUGHBY:
We have completed the technical review of the above referenced Notice of Intent and Storm Water
Management Program (SWMP) and have prepared a Notice of Application.
You are now required to publish notice of your proposed activity. To help you meet the
requirements associated with this notice, we have included the following items:
0 Notice for Newspaper Publication
0 Instructions for Public Notice
0 Affidavit of Publication
0 Application Availability Verification Form
Please note that it is VERY IMPORTANT that you follow ALL directions in the ENCLOSED
INSTRUCTIONS. If you do not, you may be required to republish the notice. One of the most
common mistakes we see is the unauthorized changing of notice wording or the characteristics of
the font (i.e. bolding, capitalization, underlining). If you have any questions, please contact us
before you proceed with publication.
The following items and time limitations are also described in the enclosed instructions. However,
due to their importance, we want to highlight them for you.
1. Publish the enclosed notice within 30 calendar days of the date these
instructions are mailed to you.
P.O. Box 13087 . Austin, Texas 78711-3087 . 512-239-1000 . Internet address: www;tceq.state.tx.us
printed on recycled paper using soy-based ink
MR SAM WILLOUGHBY
January 22,2009
Page 2 of2
2. Place a copy of your complete Notice of Intent, technical application (the Storm
Water Management Program, including any subsequent revisions), a copy of the
Small Municipal Separate Storm Sewer System (MS4 ) general permit
TXR040000, and a copy of the Fact Sheet and Executive Director's Preliminary
Decision supporting general permit TXR040000 in a public place in the county
where the MS4 is located. These copies must be accessible to the public for
review and copying and remain in place until the commission has taken action
on the application. The general permit and the fact sheet can be downloaded
from the following web site:
http://www.tceq.state.tx.us/permitting/water _ quality/stormwater/WQ_ ms4 _ smal
I TXR04.html.
3. Return an original newspaper clipping of the notice, which shows publication
date and newspaper name, to the Office of the Chief Clerk within 60 calendar
days of receiving these written instructions.
4. Return the original enclosed Affidavit of Publication to the Office of the Chi~f
Clerk within 60 calendar days of receiving these written instructions.
5. Return the Application Availability Verification Form to the Office of the Chief
Clerk within 60 calendar days of receiving these written instructions.
If you do not comply with all requirements described in the instructions, further processing of your
application may be suspended or the agency may take other actions, including denial of the Notice
of Intent.
If you have any questions regarding publication requirements, please contact the Office of the Chief
Clerk at 512-239-3300.
LaDonna Castafiuela
Chief Clerk
LDClcrs
Enclosures( 4)
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
INSTRUCTIONS FOR PUBLIC NOTICE
For MS4 Notice of Application
NOTICE OF SMALL MUNICIPAL SEP ARA TE STORM SEWER SYSTEM
(MS4) APPLICATION
We have completed technical review of your Notice of Intent (NOI) and Storm Water Management Program
(SWMP) and issued a preliminary decision. You must comply with the following instructions:
Please Review Notice
We have included in the notice all of the information which we believe is necessary. Please read it
carefully and notify us immediately if it contains any errors or omissions. You are responsible for
ensuring the accuracy of all information published. You may not change the text of the notice
without prior approval from the TCEQ.
For your convenience, the TCEQ makes the text of this notice available electronically at
www.tceq.state.tx.us/comm exedlcc/{lub notice.html. Please note that you will need to ensure that
the characteristics of the font (bolding, capitalization, underlining) match those in the enclosed
notice.
Newspaper Notice
. You must publish the enclosed Notice within 30 calendar days of the date these instructions are
mailed to you.
. You must publish the enclosed notice at your expense, in the newspaper of largest circulation within
. the county wherein the small MS4 is located. If the small MS4 is located within multiple counties,
then the notice must be published in the newspaper of largest circulation in the county containing the
largest residential population.
. The ENTIRE notice must be published once, and must include all of the text from the Notice of
Application for Small Municipal Separate Storm Sewer System (MS4), through the issued date.
. You must notify the Office of the Chief Clerk of the date of newspaper publication, either verbally
(voice telephone 512/239-3300) or by facsimile (512/239-3311), within 24 hours of the first
available working day after publication of the notice.
Proof of Publication
. You must submit an original newspaper clipping of the published notice which shows the date of
publication and the name of the newspaper to the Office of the Chief Clerk within 60 calendar days
of receiving these written instructions.
. You must submit an original publisher's affidavit to the Office of the Chief Clerk within 60
calendar days of receiving these written instructions. You must use the enclosed affidavit form.
The affidavit must clearly identify the applicant's name and permit number.
. The enclosed affidavit form must be filled out completely by the newspaper. The county or counties
of circulation listed on the affidavit form must reflect the county wherein the MS4 is located; or, if
the MS4 is located within multiple counties, the county or counties of circulation must reflect the
county containing the largest resident population for the MS4.
. The original publisher's affidavit and an original newspaper clipping of the published notice must be
mailed to:
TCEQ
Office of the Chief Clerk, Me 105
Attn: Notice Team
P.O. Box 13087
Austin, Texas 78711-3087
. Please ensure that the affidavit and newspaper clipping you send to the Chief Clerk are originals and
that all blanks on the affidavit are filled in correctly. Photocopies of newspaper clippings and
affidavits will not be accepted. Improperly completed affidavit forms will not be accepted.
Failure to Publish and Submit Proof of Publication
If you fail to publish the notice or submit proof of publication on time, then the TCEQ may suspend
further processing on your Notice of Intent or take other actions, including denial of the Notice of
Intent.
Application in a Public Place
. You must provide a copy of the complete Notice of Intent, technical application (the storm water
management program, including any subsequent revisions), copy of the Small Municipal Separate
Storm Sewer System (MS4) general permit TXR040000, and a copy of the Fact Sheet and Executive
Director's Preliminary Decision (fact sheet) supporting general pennit TXR040000 at a public place
for review and copying by the public. This place must be in a county in which the MS4 is located.
The general permit and the fact sheet can be downloaded from the following web site:
http://www.tceq.state.tx.us/permitting/water _ quality/stormwater/WQ_ ms4 _ small_ TXR04.html.
. A public place is one that is publicly owned or operated (e.g.: libraries, county courthouses, or
city halls).
. This copy must be accessible to the public for review and copying beginning on the first day of
newspaper publication and remain in place until the commission has taken action on the Notice of
Intent.
. If the Notice of Intent and technical application ("application") is submitted to the TCEQ with
information marked as confidential, you are required to indicate which specific portions of the
application are not being made available to the public. These portions of the application must be
accompanied with the following statement: "Any request for portions of this application that are
marked as confidential must be submitted in writing, pursuant to the Public Information Act, to the
TCEQ Public Information Coordinator, MC 197, P.O. Box 13087, Austin, Texas 78711-3087".
. You must submit verification of application availability to the Office of the Chief Clerk within 60
calendar days of receiving these written instructions.
General Information
When contacting the Commission regarding this Notice of Application, please refer to the General Permit
Authorization Number at the top of the Notice of Application for Small Municipal Separate Storm Sewer
System (MS4).
If you have questions or need assistance regarding this notice, please contact the Office of the Chief Clerk at
(512) 239-3300.
Q
APPLICATION AVAILABILITY VERIFICATION FORM
Applicant Name: CITY OF SCHERTZ
Permit No.: TXR040241
APPLICATION AVAILABILITY:
0 I celiify that a copy of the Notice ofIntent, technical application (the storm water management program,
including any subsequent revisions), a copy of the Small Municipal Separate Storm Sewer System (MS4)
general permit TXR040000, and a copy of the Fact Sheet and Executive Director's Preliminary Decision
supporting general permit TXR040000, were made available for review and copying at a public place in
a county where the municipal separate storm sewer system (MS4) is located, as required by the Small
MS4 General Permit TXR040000, Part II Section D.12.(6).
Location where documents were made available:
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Signed by: ~~ j .C-';XV\\ill
Title: c&\~~
Company: ~"\vlu ~ Sc~QA\~
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Date: d-3- d.\)D~
-- 1400 SCHERTZ P ARKW A Y
SCHERTZ, TEXAS 78154-1634
(210) 619-1030
FAX (210) 619-1039 Brenda Dennis, TRMC, CMC
bdennis@schertz.com City Secretary
VIA FAX 210-453-3362
TO: Erik Garza, Legal Coordinator
FROM: Brenda Dennis, City Secretary
SUBJECT: Texas Commission On Environmental Quality Publication
DATE: February 2, 2009
Attached is a notice that needs to be published as soon as possible. Also attached is an
affidavit of publication that will need to be filled out and faxed back to me and please mail the
original back to me.
Please give me a call when you have received this notice and let me know when it would be
possible to publish.
I am also sending this via email to egarza@primetimenewspapers.com
02/10/2009 TUE 15:39 FAX 141001
*********************
*** FAX RX REPORT ***
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JOB NO. 5087 --
DESTINATION ADDRESS UNKNOWN O~h
PSWD/SUBADDRESS
DESTINATION ID d-\ \)--Q \
ST. TIME 02/10 15
USAGE T 01' 04
PGS. 2
RESULT OK
FEB-I0-200B rUE 03:41 PM Express-News Accounling FAX NO. 2102503905 P. 01
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Attn~ Finllnce DeptSchertz TX 78154
UNITED STATES
Proof Confirmation
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Ag~ncy: Order In: 1089835
Cuatomcl': City Of Schertz Tex,!s
Address: Noto~/Cllmments:
City: Schertz llo~criptiUII: l'UBLIC NOTICE T~xa5 CQrnmi~sion 011 Environmental
Stllte: TexEla
Phone no= 2 JQ6S84636 CIIIlCrllllnJO: BI'cnaEl Dennis
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purchllse orllor no: Sllle~ rllp: GUr'olll. EI'il~
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Grosl/ price: if> 340.08
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Net Ilef<lfc tllX: $ 340.08
Silica hiX: $ 0,00
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Prepllili lIn10untl $ 0.00
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FEB-I0-2009 rUE 03:41 PM Express-News Accounl i ng FAX NO, 2102503905 p, 02
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SAN ANTONIO EXPRESS NEWS [-~'"...'-''' I
AFFIDAVIT OF PU8L1CATION P.1Jl:lPC NOTICE I
. Taxi'll! C;ommlsslOn on
. grwlromTlentl'l1 Cuallty . .
STATE OF TEXAS- NOTICr= OF APPLlCATION'FOFl" .
. SMAlL MUNIC1PAI;. sEi=W,AT6;'51ORM '.
COUNTY OF seXAR SEWEf!.8YSTI=fIII,IMS4) Qoner&1 Permll '.'
AulhoritOltlon No. rlCR040;?41 ','
APPliCATION, ~Ity Qf Scheflz, 10
Commercial placEt, Sch~lrt:Zt TBxa~
Before me the undersigned authority a Notary Public in and For the State of Texas on this 7Inl'iN1.o1; h~a'applled to lh~ l'dxl'ls.:
,I ' CommlalllQn 'oll Envlronmontal' Ql.lallty .
day personally appeared: NORMA CASTANEDA WllO after being duly sworn says that she rTCCQ) under Ihe Toxaa PolIl.llanl : .
. " , DIt;ahur[]B Ellml/'lBlIon Sj/~tl'lm ITPDr=S)
IS the BOOKKEEPER of THE HEARST CORPORA-TON (SAN ANTONIO EXPRESS, aenlln~I::r::.~ILJ~Q;..Jl:(R040QRP..rQ~... :;
NEWS DIVISION), a daily newspaper published in Bexas County, Texas and that the %~w~:all~~I~~~la:~p~~~!r~m~IlB~~r.of.
Publication of which the annexed is a true copy was published to wit' ~Y!illllm [r;As4). Th..\?.1101l0& 01 Intent (NOI) ..
, I' was received .IlV' ,....EQ on Fallrl.lelv '.' 1 ,',' .,
200B. .: . . ". : "
Thll MS4 11IlQCIOtfilel wllhln thll munlolpal
Customer ID; 711238 boundarla!! of the Glty 01 $Chflrt:t, In ".
Customer Name' City Of Scherlz Texas GUE!dlOlupe, Belenr. lIncl C\Jm&l Counties..:
. TalltU'!. The M$4 will ellschBrgo to tnlt . ..
Order ID: 1089835 Publication PubDate drainaGe Ill'aillil of elle GUII1:ltllupo.e.nq SliIn.
Al1lonll:) Rlvl'lr l3<1slns. .." ,
C < A coPy 01 !he NOI, alorrn Walllr . .
': mMI!I 0n18nt pl'O r&m, gFJr.ara pl!lrmlt, and
~~ 03-FES-OS taot sReet I!.J av&lPl'liJle tor vllIwlna and. .'
Lf 10"FEB-09 copYing allhe City li~i1. 1400 Stlh!'Ht~ . .
" PBYIWlfllJ,. Schol'lz, Tel/as 781'84. . ..
. The E!xecullva. Director of Irlo rceQ hall.
mtlda II prelimlnsry decision to aP-Hrove '.~
covarl'lg~ 01 ",16 MS4 uneler T.PPES . I,.
. GQnlOrl!l1 Permit No. TXA040000.: .. .'.
L-;1!tl-vv-r .~~ """0 OOMMENT. W""" ".', . ,
NORMA CASTAN"'DA . comments m&y bu 6l.lbmlltilello the Olllc~ ,
J;;o ot CrUel Clark;' lit the address prol/ldod In '
Bookkeeper tne Intormilllon section blllow, within 30 .
el&ys of Ihe da~fl of newspap~r puiJllcallr;m: i
of this nollco. In aclaltlon, tliE! public may .,':
.( 'rIlCiLie~1 a pl.lpllc maellng. If IiJgnlflllllr\t.. . .
1ft 1'~ 2 ItJterallt "l/lala 'the.E)(l!lcutlvll Director will . i
Sworn and subscribed to before me this fU ~'day of. ~6~7 AD. oDq cUrecllhe Olpp!iOlin! III pui:lllat.1 a nollclII qf' :
I ' , Ihe PUblic meeting allO hoJel thEl J;lIH:JII\'I .: ,"J
meellng. The IIp,pllcent mUHI ~ll~lI&h ni;ltlca.,
of a pulJllc l11E1alfng at least:3 daYIl prior: . !
10 Ihe lTlel!lllng In fl nowa.pap" Qf general :
Notary pUblic in and for the State of Texas clrcUlallon In the counlY In which !tIft MS4 ' .,
_ Ie localaq. If lhe MS4 Is loOaltltll1l mora I. .. .
th&n one oOi:lnty, the lilppllc",nt .must. .
publish nollee'ln a newSp&pef'llt genaral
Illrculr.lllon In tha'county contlllJilnalhe .'
If\rgeElt realdenUl11 pOp'Lih~t1on, 'rhE! '.. ..
/aii:L' ....... .4.' "'-"'''1''''''' r:;xeculIv/l Dlr6lctDrwlll conslqer:,alt'relfil\llllil..
, . ~ ~,._ Information pertaining 10 whe1hor 11'l00,.. .
,. . .. .. J . . aL l"- appllclInl mset& the requltllmonlll of the' .
. ' ,. l' eneral parmlt and WIIII$III.111 a'wrltten- .'. .
. t . ,. . - ~[;IIf.lrmlnallon as to eny fln!!1 acUon Oi'Ilh~
NOI for coveragfil .under thl'! 09noral. .
permit.. . . ......
INFORMATION, Written pupllc . .
oommenle should iJe Gubrl'llltl!ld 10 11\." ' I
Office of Ihe Chlldl Cllilrk,MO.10IlJ TCE:Q,,,, '
p.O, Bo~'13067, Aualln, Tex&a.... . :
7B711.:;101l1 or alaclronlcally 111. .
~~~';;l'W:':'''' OUVlA 0 CHAVERR1A WWW.lceq.sll.lte.tx.u1lJabout/tlommllnta.html
I:;:: '>.t,", . For sddlHontlllnlormllllon, ebOUHhl;l .
~"i . ,"~ MY CQfI,IMISSION EXPIRES uppllCI\110n or tile procecjura for puiJllc '.,
\~. ...... 1/ (01 0 1~I"tlclpatlon In the geneml perrrn! prOCUl;G. .
"::.f.t!,:,\(~-' .lulY , ~ nellviclual mambarG 01 1M gtlMr~1 pUllilc ..
.,,,~,\ ..w, __._ m8Y con!(Jcllho otrlc" e) PLJbl!c . . .
A:)r.lstilIlGt; Ilt 1-1300-fiI:i1--t040. $1 <leaea ...'
Inlormf\Clbn an Espaflol, puepe lIemar at '."
j-tlOO-G87.4o.iO. GElnOr,\1 inlolrn~.lIon .
regardlnf,} th'J ICEO C[,/1 11i'j found at our j
>~ol) ~11\'1 ;~l WWW.T<:!!q.state.lll.u5. .'
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