TCEQ Construction General Permit Renewal TXR 150000 April

TCEQ Construction General Permit Renewal TXR 150000 April 23, 2008 Houston Land/Water Sustainability Forum

The Important Dates • Old permit expired: March 5, 2008 • New permit effective: March 5, 2008 – Good through March 5, 2013 • Notice of Intent (NOI) due date for existing sites: June 3, 2008 • NOI due date for new sites: prior to the commencement of construction activities

The Important Dates • If you DO NOT need coverage after June 3, 2008, you may opt to allow your permit to expire on June 3, 2008. All existing permits active and not renewed on June 3, 2008, will be considered expired on that date. Submission of a Notice of Termination (NOT) is not necessary.

New Application Fees • Paper NOI: $325 – provisional coverage begins 7 days later • Electronically (STEERS): $225 – provisional coverage begins immediately • No Annual Fee!

Big Definition Updates • Common Plan of Development (1*) – Does not necessarily include all construction within the jurisdiction of a public entity (city or university) – Discrete projects ¼ mile apart – can be treated as separate plan of development or sale • Operator (2*) – Primary – Secondary – Operators may include landowners, contractors, subcontractors, homebuilders, etc. * Revised to be consistent with EPA

Primary Operator • Persons having operational control over construction plans and specs • Persons having day-to-day operational control of the activities at a construction site to ensure compliance with an SWP 3

Primary Operator • Requirements: – Submit NOI – Develop & Implement SWP 3 – Post NOI AND construction site notice – Submit copy of NOI to MS 4 operator – Provide notification to the operator(s) of the need to obtain coverage

Secondary Operator • Persons whose operational control is limited to the employment of other operators or to the ability to approve/disapprove changes to plans • Regulated by the CGP

Secondary Operator • Requirements: – Not required to submit NOI – Must post a construction site notice – Provide notification to the operator(s) of the need to obtain coverage

Operator Scenario • Developer of a Retail Center – Hires a General Contractor to handle everything (day-to-day operational control) • General Contractor (GC) hires subcontractor • Subcontractor has to meet the GCs plans & specs • Subcontractor has no authority over design decisions

Operator Scenario • Developer wants to develop a subdivision. The developer has hired contractors to install the roads and utilities.

Other Definition Updates • Discharge – the drainage, release, or disposal of pollutants in storm water • Commencement of Construction – initial disturbance of soils as well as other construction-related activities (stock piling of fill material and demolition) Must have obtained a CGP and developed a SWP 3 before any of these activities take place.

Other Definition Updates • Edwards Aquifer/Recharge Zone/Contributing Zone – central Texas issue • Facility or Activity – construction site or construction support activity regulated by this permit

Other Definition Updates • Final Stabilization – (b)(2) – added language that homeowner can retain controls/BMPs – (d) arid, semi-arid, drought-stricken • Hyperchlorination of waterlines – Disinfecting potable water • Indian Country Land • Indian Tribe

Other Definition Updates • MS 4 – added “discharges to surface water in the state” • Notice of Change (NOC) • Outfall – point where storm water associated w/construction activity discharges • Pollutant- includes sediment

Other Definition Updates • Replaced Runoff Coefficient with R factor • Semiarid Areas – 10 to 20 inches rain • Arid Areas – less than 10 inches annually

Limitations on Permit Coverage Part II-Sec C • Agricultural activities – facility construction such as the construction of confined animal feeding operations (CAFO) may be regulated • Included the Act of God, war, strike, riot, or other catastrophe, this event is not a violation of the permit

Authorization to Discharge Posting Requirements Part II-Sec E(1 -3) • Primary Operator – Large site • NOI • Construction Site Notice (Attachment 4) – Small Site • Construction Site Notice (Attachment 2) • Secondary Operator – Construction Site Notice, Large Site (Attachment 3) – Construction Site Notice, Small Site (Attachment 2)

Municipal Separate Storm Sewer System Notification Requirements Part II-Sec E(1 -3) • Primary Operator - Copy of NOI supplied to MS 4 in which they discharge • Primary & Secondary Operator – Copy of TCEQ site notice

Permit Coverage Part II-Sec E(5) • Paper NOI – Provisional coverage 7 days after postmark • Electronic – Immediate provisional coverage following confirmation of receipt of the NOI by the TCEQ

• Get Online Authorization: Storm Water Construction Activities • You can fill out, pay for, sign, and submit your construction general permit applications for storm water online, and get immediate acknowledgment of coverage! -Notice of Intent -Notice of Termination • Questions on using STEERS: call support staff at 512239 -6925 or e-mail steers@tceq. state. tx. us

• The company/individual who developed your SWP 3, can start the process of filling out the NOI on-line through STEERS. • Then you can access the NOI to sign them and pay the fee.

Notice of Change Part II-Sec E(6) • Examples of reasons to submit NOC – Change in the description of the project – Increase disturbed area – Operator name change • NOC not required for decreasing disturbed area

Terminating Coverage Part II-Sec F(3) • Small Construction Operators & Secondary Operators at Large Site – Can terminate if one of these conditions are met: • Final stabilization • Transfer of operational control • Alternative authorization • To do list: – Complete the applicable portion of site notice – Submit a copy of notice to MS 4

Transfer of Operational Control Part II-Sec F(4) • Permit coverage not transferable • Transfer includes company structure changes (ex: partnership to corp) • Transfer occurs when: – Another operator assumes control over unstabilized areas – A homebuilder buys lots from developer

Waivers from Coverage Part II-Sec G • For low erosive sites • Waiver certification form is not required to be posted • Still must post site notice (attachment 1)

Sediment Basins Part III-Sec F(2)(c)(i)(A) • Sediment basin required for a common drainage location that serves an area with 10+ acres disturbed • If not used, must document the reason that sediment basins not feasible • Determining factors: soil, slope, available area, public safety , precipitation patterns, site geometry, site vegetation, infiltration capacity, geotechnical factors, depth to groundwater, and other similar considerations.

Inspections Part III-Sec 7 • (a) Added “discharge locations” to areas that must be inspected • (e) list of inspector qualifications don’t have to be on each report, just in the SWP 3

Concrete Batch Plants Part IV-Sec A • CGP Authorizes Storm Water Runoff from Concrete Batch Plants – On Site or Within One Mile – Operator may be Required to Obtain Alternative Coverage if Not Allowed to Share SWP 3 • MSGP, TXG 110000, or Individual Permit • Requirements: – Benchmark Sampling (1 x/quarter) for Oil & Grease, TSS, p. H, & Total Iron • Similar to TXR 050000 and to storm water-only provisions of TXG 110000 • Projects < 1 quarter must collect at least one sample

Concrete Batch Plants Part IV-Sec B, C • Requirements (cont. ) – BMPs • Potential pollutants • Measures & controls (housekeeping, spill prevention etc. ) • Comprehensive Compliance Eval (1 x/year) • Wastewater Must Be Discharged Under TXG 110000 or Individual TPDES Permit

Concrete Truck Washout Part V • Disposal of Washout Water from Concrete Trucks Associated With Off-Site Concrete Production Facilities – If Concrete Plant is Located at Construction Site, Need TXG 110000 or Individual Permit • • No Direct Discharge Allowed Designated area - lined bottom with perimeter Identified on site map No Other Wastewater Authorized – Must Obtain Authorization Under TXG 110000

Other Construction Support Activities Part II-Sec A(2) • Construction Support May Include – – Concrete Batch Plants Asphalt Batch Plants Equipment Staging Areas Material Storage Yards • These activities authorized if: – Activities On Site or Within One Mile – SWP 3 addresses controls for these activities – Support Activities do not operate beyond completion date (then must get separate coverage) • Wastewater Not Authorized

Other Requirements: Non Storm Water • Certain Non-Storm Water Flows Allowed: – Vehicle/Building/Structure Wash Water – Lawn Irrigation – Uncontaminated A/C Condensate – Uncontaminated Dust Suppression Water – Emergency Fire Fighting Activities – Uncontaminated Fire Hydrant Flushings – Potable Water Sources – Uncontaminated Groundwater

Contact Information • Permitting Information (Technical): (512) 239 -4671, swgp@tceq. state. tx. us • Storm Water NOI/NOT Status: (512) 245 -0130, swpermit@tceq. state. tx. us

Regional Contact Information • Courtney Mize – cmize@tceq. state. tx. us – (713) 422 -8921 direct – (713) 767 -3691 fax • Michelle Ruckstuhl – mruckstu@tceq. state. tx. us – (713) 767 -3666 direct – (713) 767 -3691