Texas Pollutant Discharge Elimination System (TPDES) Stormwater Construction General Permit (CGP) 2016 TCEQ Environmental Trade Fair May 4, 2016 Dan Siebeneicher Stormwater & Pretreatment Team (512) (512)

Construction General Permit TPDES Permit No. TXR Effective March 5, 2013 The CGP and all authorizations issued expire at midnight on March 4, 2018 Authorizations: 19,708 NOIs 4 Waivers

Is Coverage Required?

CGP Authorized Discharges Stormwater Associated with Construction Activity Stormwater from Construction Support Activities Certain Non-Stormwater Discharges

Discharge Coverage Limitations Concrete Truck Wash Out Post Construction Discharges Non-Stormwater Discharges Water Quality Standards Compliance Receiving water bodies with impairments or Total Maximum Daily Load (TMDL) Edwards Aquifer Recharge or Contributing Zone Watershed Protected, 30 TAC Chapter 311

Discharges Not Regulated by TPDES CGP Stormwater from Agricultural Activities The exploration, development, or production of oil or gas or geothermal resources, including transportation of crude oil or natural gas by pipeline (EPA) Indian Country Lands (EPA)

Concrete Truck Wash Out The CGP authorizes the wash out of concrete trucks at regulated construction sites Washout water shall be discharged to areas at the where structural controls have been established to prevent direct discharge to surface waters BMPs shall be implement that prevent the direct discharge of concrete truck wash out The discharge of wash out water must not cause groundwater contamination

Concrete Batch Plants Stormwater Discharges  Stormwater runoff from concrete batch plants at regulated construction that comply with Part IV of the CGP may be authorized under this general permit  Stormwater runoff from concrete batch plants that do not meet Part IV of the CGP requirements must obtain authorization under an alternative general permit or individual permit

Soil Disturbance Due to Construction Activity  Clearing  Grading  Excavation  Demolition  Other construction-related activities that disturb or expose soil  Construction support activities Examples

Activities NOT considered to be construction for the purposes of this permit  Routine grading of existing roads  Routine maintenance of stormwater conveyances  Clearing of existing right-of-ways  Land disturbance from non-point source (agricultural activities)

Larger Common Plan of Development or Sale  A construction activity completed in separate stages, phases, or in combination with other construction activities  Identified by documentation showing the scope of the construction project  Documentation may include plats, blue prints, marketing plans, contracts, building permits, zoning requests, etc.

A construction project is not part of a larger common plan of development if:  The project is considered to be separate or stand alone and is not part of any other construction project or larger common plan of development or sale  It is a discrete project within a common plan of development that is ¼ mile or more from the nearest site, and: All land disturbance between projects is completed (will not be further built out), andAll land disturbance between projects is completed (will not be further built out), and Not connected by roads, pipelines, or utility construction projects that are included in the area to be disturbedNot connected by roads, pipelines, or utility construction projects that are included in the area to be disturbed

A construction project is no longer a part of a larger common plan of development if:  There is less than 1 acre left to be built out in the larger common plan  There has been a clearly definable amount of time since the last construction activity

Who Needs Authorization Under TXR150000? Primary Operator erson(s) that have on-site operational control over construction plans and specifications, including the ability to make changes to those plans and specifications  Person(s) that have on-site operational control over construction plans and specifications, including the ability to make changes to those plans and specifications erson(s) that have day-to-day operational control of those activities at a site that are necessary to ensure compliance with a stormwater pollution prevention plan (SWP3) or other permit conditions  Person(s) that have day-to-day operational control of those activities at a site that are necessary to ensure compliance with a stormwater pollution prevention plan (SWP3) or other permit conditions

Requirements of Primary Operators for Large Construction Activities  SWP3: develop, implement, and maintain a copy on-site (update as necessary)  Notice of Intent (NOI): complete, sign, submit, and pay application fee to TCEQ  Copy of signed NOI: send to MS4 operator prior to starting construction activity  Primary Operator Site Notice: post at site entrance  Final stabilization requirements: must be met prior to termination of authorization  Notice of Termination (NOT): send to TCEQ and a copy to the MS4

Notice of Intent (NOI): Primary Operator Certification Page Four statements that the operator must check yes prior to signing the NOI  I certify that I have obtained a copy and understand the terms and conditions of the Construction General Permit (TXR150000).  I certify that the full legal name of the entity applying for this permit has been provided and is legally authorized to do business in Texas.

Notice of Intent (NOI): Primary Operator Certification Page  I understand that a Notice of Termination (NOT) must be submitted when this authorization is no longer needed.  I certify that a Stormwater Pollution Prevention Plan has been developed, will be implemented prior to construction and to the best of my knowledge and belief is compliant with any applicable local sediment and erosion control plans, as required in the general permit TXR

Operator Certification Requirements Who can sign the NOI? 30 TAC sign and submit the document provide documentation in proof of such authorization upon request Certification are found in 30 TAC 305 By signing the “Certification statement” you are authenticating the NOI

Secondary Operators  A person whose operational control is limited only to either one or both of the following: Employment of other operatorsEmployment of other operators Ability to approve or disapprove changes to the plans and specificationsAbility to approve or disapprove changes to the plans and specifications  A secondary operator cannot initiate changes to the construction plans and specifications

Requirements of Secondary Operators for Large Construction Activities  SWP3: participate in the development (according to the permit requirements) and sign  Secondary Operator Site Notice: complete and post at site entrance  Notification to the local MS4: submit a copy of the site notice  NOI or NOT is not required

Requirements for Small Site Construction Activities (Between one and five acres)  Prepare and implement SWP3  Adhere to requirements of permit  Post Site Notice for small sites  Notify MS4, if applicable  NOI or NOT is not required 21

Requirements for Construction Activities for Sites Less than 1 Acre  Implement and maintain BMPs  Notify MS4, if applicable  SWP3, NOI, NOT are not required Poor management of unpermitted sites may result in a violation or citation for unauthorized discharges or nuisance conditions. 22

Stormwater Pollution Prevention Plan  The SWP3 must be: Developed before submitting the NOIDeveloped before submitting the NOI Meet CGP RequirementsMeet CGP Requirements Implemented before commencing construction activityImplemented before commencing construction activity Retained on-siteRetained on-site Consistent with other applicable regulationsConsistent with other applicable regulations Continuously updated to reflect changes at the construction siteContinuously updated to reflect changes at the construction site

Stormwater Pollution Prevention Plan  Site/Project description  BMPs to minimize pollution in runoff  Description of permanent stormwater controls  Documentation of compliance at site  Maintenance requirements, including inspections 24

Electronic e-NOI vs. Paper NOI  Fee: $225 for e-NOI or $325 for paper NOI  Submittal of e-NOI allows for immediate  Printing of: - Approval letter - Authorization certificate - e-NOI

Effective Date of Authorization  Large Construction authorization for coverage: Provisional coverage begins 7 days after a paper NOI is postmarked for deliveryProvisional coverage begins 7 days after a paper NOI is postmarked for delivery Coverage is immediate upon submitting a NOI using the e-Permits system (STEERS) and complete all required stepsCoverage is immediate upon submitting a NOI using the e-Permits system (STEERS) and complete all required steps

Effective Date of Authorization  Small Construction authorization for coverage: Automatic on condition of complying with applicable permit requirements (NOI is not required)Automatic on condition of complying with applicable permit requirements (NOI is not required)

Correcting or Updating Information in the NOI  Submit a Notice of Change (NOC) form to: To correct information on the NOI (typographical errors, incorrect site address or acreage, etc.) To correct information on the NOI (typographical errors, incorrect site address or acreage, etc.) Make changes due to expansion of the project (additional acreage, starting a new phase) Make changes due to expansion of the project (additional acreage, starting a new phase)

Permittee Inspection Frequencies  For most sites: Once every 14 calendar days and within 24 hours after a storm event of 0.5 inches or greaterOnce every 14 calendar days and within 24 hours after a storm event of 0.5 inches or greater OR OR At least once every 7 calendar daysAt least once every 7 calendar days  For sites in an arid or semi-arid or drought stricken area: Inspect at least once every month; andInspect at least once every month; and Within 24 hours after a storm event of 0.5 inches or greaterWithin 24 hours after a storm event of 0.5 inches or greater

Construction Site Inspections  If snow or ice covers the site: Inspect at least once per month; andInspect at least once per month; and Return to previous inspection frequency once snow and ice start melting, causing stormwater runoff from the siteReturn to previous inspection frequency once snow and ice start melting, causing stormwater runoff from the site  If flooding prevents access to the site: Inspect as soon as access is practicableInspect as soon as access is practicable

Large Construction Activities Termination Requirements  Primary Operators must: Meet final stabilization requirements Remove temporary best management practices (BMPs) Remove Primary Operator site notice Submit NOT to TCEQ Submit copy of NOT to MS4 operator (if applicable)

Large Construction Activities Termination Requirements  Secondary Operators must: Remove Secondary Operator site notice Send completed copy of the site notice to the MS4 (if applicable)  NOT is not required

Small Construction Activities Termination Requirements  Both primary and secondary operators must: Meet final stabilization requirementsMeet final stabilization requirements Remove temporary BMPsRemove temporary BMPs Remove their site noticeRemove their site notice Each operator must:Each operator must: Send a copy of their completed Small Construction Site Notice to the MS4 operator (if applicable) orSend a copy of their completed Small Construction Site Notice to the MS4 operator (if applicable) or Provide alternative notification as allowed by the MS4 operatorProvide alternative notification as allowed by the MS4 operator

Final Stabilization Requirements  All soil disturbing activities completed  Even distribution of perennial cover to a density of 70% of native background  Excludes areas that are: Paved, Paved, Covered by permanent structures, or Covered by permanent structures, or Covered with equivalent permanent stabilization measures Covered with equivalent permanent stabilization measures

Web Links for Resources TCEQ Stormwater Home Page: TCEQ Construction Stormwater Web page Small Business and Local Government Assistance: Status of Stormwater NOIs: Link to “Water Quality General Permits Search” data base TCEQ Forms Page

Web Links for Resources EPA SWP3 Guidance: mwater-Pollution-Prevention-Plans-for- Construction-Activities.cfm mwater-Pollution-Prevention-Plans-for- Construction-Activities.cfm EPA National Menu of BMPs: Run-Off-Control.cfm Run-Off-Control.cfm

TCEQ Stormwater Program Contacts Rebecca L. Villalba, Team LeaderRebecca L. Villalba, Team Leader Hanne Lehman NielsenHanne Lehman Nielsen Gordon CooperGordon Cooper Dan SiebeneicherDan Siebeneicher Lindsay GarzaLindsay Garza Kent TredeKent Trede Elizabeth DickinsonElizabeth Dickinson Ryan BucekRyan Bucek Austin Office (512) Austin Office (512)

TCEQ Stormwater Program Contacts Questions regarding your STEERS account:Questions regarding your STEERS account: –(512) Questions about the application process, contact the Stormwater Processing CenterQuestions about the application process, contact the Stormwater Processing Center – (512) Other questions including technical, contact the Small Business and Local Government (SBLGA) HotlineOther questions including technical, contact the Small Business and Local Government (SBLGA) Hotline –