Texas Pollutant Discharge Elimination System
Stormwater Phase II MS4 General Permit
Town of Hickory Creek, Texas
Stormwater Management Program
Prepared By:
1001 Cross Timbers Road, Suite 2020
Flower Mound, Texas 75028
June 2014
AVO 29786
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page i
Table of Contents
List of Appendices ........................................................................................................... iii
Acronyms ........................................................................................................................ iv
1.0 INTRODUCTION .................................................................................................... 1
1.1 Regulatory Requirement .................................................................................................... 1
2.0 PROGRAM OVERVIEW ......................................................................................... 3
2.1 Background Information for the Town of Hickory Creek ..................................................... 3
2.2 Stormwater Management Program Development .............................................................. 3
2.3 Public Review and Comment of the Stormwater Management Program ............................ 3
2.4 Annual Reporting ............................................................................................................... 3
2.5 Recordkeeping and Tracking ............................................................................................. 4
3.0 TOWN OF HICKORY CREEK STORMWATER MANAGEMENT PROGRAM ....... 6
3.1 Introduction ....................................................................................................................... 6
3.2 MCM1 Public Education, Outreach, and Involvement ........................................................ 7
DISTRIBUTE STORMWATER EDUCATIONAL MATERIALS 9
STORMWATER MESSAGE(S) WITH LINKS ON TOWN OF HICKORY CREEK WEBSITE 11
RIVER/STORMWATER SYSTEM VOLUNTEER CLEANUPS 13
DISPLAY STORMWATER MANAGEMENT PROGRAM ON TOWN WEBSITE FOR PUBLIC REVIEW AND
COMMENT 14
3.3 MCM2 Illicit Discharge Detection and Elimination .............................................................. 15
IMPLEMENT TOWN ORDINANCE AND ENFORCEMENT PROCEDURES TO PROHIBIT AND REMOVE ILLICIT
DISCHARGES 17
VISUAL INSPECTION OF SELECTED STORMWATER OUTFALLS 19
DEVELOPMENT OF STORM SEWER MAP SHOWING ALL OUTFALLS AND NAMES OF WATERS OF THE
UNITED STATES 21
EDUCATE TOWN EMPLOYEES, BUSINESSES, AND THE GENERAL PUBLIC REGARDING HAZARDS
ASSOCIATED WITH ILLEGAL DISCHARGES TO STORMWATER SYSTEMS 22
3.4 MCM3 Construction Site Runoff Controls .......................................................................... 24
IMPLEMENT AND MAINTAIN HICKORY CREEK TOWN ORDINANCE AND ENFORCEMENT MECHANISM TO
REQUIRE EROSION AND SEDIMENT CONTROLS AT CONSTRUCTION SITES > 1 ACRE 25
REQUIRE SUBMITTAL OF CONSTRUCTION SITE SWPPP FOR REVIEW BY TOWN STAFF 27
IMPLEMENT PROCEDURES FOR CONSTRUCTION SITE INSPECTION OF RUNOFF CONTROLS 28
TRAIN TOWN INSPECTORS IN CONDUCTING PROPER SITE INSPECTIONS 29
IMPLEMENT MECHANISM FOR CONTRACTOR COMMENT AND PROCEDURES FOR COMMENT
CONSIDERATION IN REGARDS TO CONSTRUCTION SITE RUNOFF CONTROLS 30
3.5 MCM4 Post-Construction Stormwater Management in New Development and
Redevelopment .......................................................................................................................... 31
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page ii
CREATE AND DISTRIBUTE EDUCATIONAL MATERIALS FOR AREA DEVELOPERS REGARDING POST-
CONSTRUCTION STORMWATER CONTROLS 32
POST-CONSTRUCTION STORMWATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT 34
3.6 MCM5 Pollution Prevention/Good Housekeeping for Municipal Operations ....................... 35
ASSESS MUNICIPAL PROPERTIES FOR APPROPRIATE
STORMWATER POLLUTION PREVENTION CONTROLS 37
WRITTEN POLICY, PROCEDURES, AND SCHEDULE FOR PERIODIC INSPECTION AND MAINTENANCE OF
STORMWATER SYSTEM 38
4.0 REFERENCES ....................................................................................................... 39
5.0 DEFINITIONS ......................................................................................................... 40
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page iii
List of Appendices
APPENDIX A TPDES GENERAL PERMIT TXR 040000
APPENDIX B NOTICE OF INTENT (NOI) FOR COVERAGE UNDER TPDES PERMIT
APPENDIX C ANNUAL REPORT
APPENDIX D BMP IMPLEMENTATION SCHEDULE
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page iv
Acronyms
BMP Best Management Practice
CWA Clean Water Act
EPA United States Environmental Protection Agency
ISWM Integrated Stormwater Management
MCM Minimum Control Measure
MEP Maximum Extent Practicable
MS4 Municipal Separate Storm Sewer System
NOC Notice of Change
NOI Notice of Intent
NOT Notice of Termination
NPDES National Pollutant Discharge Elimination System
SWMP Stormwater Management Program
SWPPP Stormwater Pollution Prevention Plan
TCEQ Texas Commission on Environmental Quality
TPDES Texas Pollutant Discharge Elimination System
UA Urbanized Area
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 1
1.0 INTRODUCTION
1.1 Regulatory Requirement
The Clean Water Act (CWA) is a federal law that establishes environmental programs, including
the National Pollutant Discharge Elimination (NPDES) program, to protect the Nation's waters
and directs the U.S. Environmental Protection Agency (EPA) to issue rules on how to implement
this law. Under the NPDES program, a municipal stormwater program was developed in two
phases, Phase I and Phase II.
Phase I of the EPA municipal stormwater program was promulgated in 1990 under the authority
of the CWA. Phase I relied on the NPDES permit coverage to address stormwater runoff from
medium and large municipal separate storm sewer systems (MS4s), serving populations of
100,000 and greater.
The NPDES Stormwater Phase II regulations, which target small MS4s located fully or partially
within an “urbanized area” and construction activities disturbing more than one acre of land,
were promulgated by the Environmental Protection Agency (EPA) on December 8, 1999. These
regulations apply to all jurisdictions within a delineated urbanized area regardless of individual
population. The latest decennial census (2000) by the U.S. Census Bureau identified the Town
of Hickory Creek as a community that is operating an MS4 within an urbanized area, and thus is
regulated under the NPDES Stormwater Phase II regulations.
The Texas Commission on Environmental Quality (TCEQ) was granted the authority in 1998
from the EPA to administer the Texas Pollutant Discharge Elimination System (TPDES). This
authority is granted through a Memorandum of Agreement with the EPA to administer the
NPDES system as it applies to the State of Texas. The TPDES requirements must be at least
as stringent as those set forth by the NPDES program.
This program requires that the Town of Hickory Creek:
Reduce the discharge of pollutants to the maximum extent practicable (MEP);
Protect water quality;
Satisfy the appropriate water quality requirements of the Clean Water Act; and,
Manage stormwater quality activities through the Stormwater Management Program
(SWMP).
The Town of Hickory Creek has developed the SWMP in accordance with the requirements of
the TPDES Small MS4 General Permit TXR040000 for obtaining authorization for stormwater
discharges and certain non-stormwater discharges. The SWMP has been developed to reduce
the amount of pollutants carried into the MS4 by stormwater runoff as required by the TPDES
General Permit.
The Town of Hickory Creek is required to develop a SWMP that describes specific actions that
will be taken over a five-year period to reduce pollutants and protect the Town’s stormwater
quality to the MEP. The specific activities to be implemented are Best Management Practices
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 2
(BMPs). The SWMP must also set measurable goals and provide a schedule for the
implementation of the BMPs. Various BMPs must be developed for each of the five minimum
control measures (MCMs) that are required by the Phase II Rule. The five required MCMs are:
1. Public Education, Outreach, and Involvement;
2. Illicit Discharge Detection and Elimination;
3. Construction Site Stormwater Runoff Control;
4. Post-Construction Stormwater Management in New Development and Redevelopment;
and
5. Pollution Prevention and Good Housekeeping for Municipal Operations.
The MS4 General Permit includes a sixth MCM that only applies to Level 4 MS4s that was not
included. The permit also includes the optional seventh MCM that address’s stormwater from
municipal construction activities. The Town of Hickory Creek will not consider the seventh MCM
at this time.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 3
2.0 PROGRAM OVERVIEW
2.1 Background Information for the Town of Hickory Creek
The Town of Hickory Creek is located north of the Lewisville Lake in Denton County, Texas.
Hickory Creek is bordered by the City of Corinth, City of Lake Dallas, City of Highland Village
and City of Lewisville. The Town was incorporated on 1963 and currently has a land area of 4.6
square miles. In 2010, the population of Hickory Creek was estimated at 3,247. A location map
is presented in Figure 1.
The Town lies within the Lake Lewisville Watershed. The Town has approximately 2 stream
miles within the Town limits and approximately 0.8 miles of the 2 stream miles are with the
United States of America Corps of Engineer’s property. The stream miles within Hickory Creek
are comprised of Carter Branch, Carter Branch Tributary 1, and Lake Lewisville Unnamed
Tributary 26. Most of the streams flows in a southeasterly direction and discharges into Lake
Lewisville.
2.2 Stormwater Management Program Development
The hydrology and water quality concerns of the Town of Hickory Creek have been considered
in developing this Stormwater Management Program. The Plan herein describes the
development and implementation of the Stormwater Management Program. In preparing this
Plan, the Town of Hickory Creek has considered different activities, municipal and public, that
have stormwater impacts. Some of the municipal departments that have been identified as
having stormwater impacts include Public Works, Police, Fire, Parks and Recreation, and
Planning and Zoning.
This SWMP includes the five MCMs required by the TPDES program and the EPA Phase II
Final Rule. Each of the five required MCMs includes a summary that outlines the TCEQ
requirements for that component of the plan. The summary is followed by specific BMPs that
include measurable goals and target dates, and the implementing responsibility within the Town
of Hickory Creek.
2.3 Public Review and Comment of the Stormwater Management Program
In accordance with the general permit TXR040000, Part II, Section E, Number 12, the SWMP
will be available for review at the Town Hall, located at 1075 Ronald Reagan Ave., Hickory
Creek, Texas 75065.
2.4 Annual Reporting
The Town of Hickory Creek will track BMP activities, results, and changes to the SWMP through
an annual report that will be submitted to the TCEQ Executive Director within 90 days at the end
of each permit year. The annual report will include factors required by Part IV, Section B,
Number 2 of the general permit, including:
a) The status of the compliance with permit conditions, assessments of BMPs, progress
towards achieving the statutory goal of reducing the discharge of pollutants to the MEP,
measurable goals for each of the MCMs, and an evaluation of the success of the
implementation of the measureable goals,
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 4
b) A summary of the results of information collected and analyzed including monitoring data
used to assess the success of the program,
c) A summary of the stormwater activities the MS4 operator plans to undertake during the
next reporting year,
d) And any changes to the SWMP, as assessed to keep the Town of Hickory Creek in
compliance with the general permit conditions.
The Town of Hickory Creek does not have enough employees to perform municipal public
works. All public works improvements are contracted out.
The Town of Hickory Creek MS4 annual reporting year shall be Calendar Year, which the
reporting year will end on December 31
st
and Annual report will be submitted to TCEQ by March
31
st
(90 days of Calendar Year).
2.5 Recordkeeping and Tracking
In accordance with the general permit TXR040000, Part IV, Section A, the Town of Hickory
Creek will retain all records, a copy of the TPDES general permit, and records of all data used
to complete the application (NOI) for the general permit, and satisfy the public participation
requirements, for a minimum of three years or for the remainder of term of this general permit,
whichever is longer, and make this information available to the public if requested to do so in
writing within 10 working days of the request.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 5
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 6
3.0 TOWN OF HICKORY CREEK STORMWATER MANAGEMENT PROGRAM
This section recommends specific methods to implement during the next five years in order to
develop stormwater management programs that match community priorities and also enable the
Town to comply with the TCEQ General Permit as an operator of a small MS4.
3.1 Introduction
The Town of Hickory Creek’s Stormwater Management Program must address the five MCMs
outlined in TCEQ’s General Permit TXR040000 for small municipal separate storm sewer
systems (MS4s). As stated in Section 1, each MCM has permit requirements; actions that the
Town needs to take to maintain compliance with the TPDES General Permit.
The BMPs presented herein have been proposed because they are appropriate for the Town of
Hickory Creek’s stormwater system. The BMPs are considered measurable, are anticipated to
provide significant benefits in the Town’s stormwater quality, and are achievable. Many of these
BMPs build upon efforts initiated by the Town as part of the previous SWMP. The Town is
committed to a proactive approach to stormwater management for the community’s health and
to be good environmental stewards. Based on the General Permit’s requirements and
recommendations, the following recommended actions are categorized by the five(5) Phase II
Minimum Control Measures.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 7
3.2 MCM1 Public Education, Outreach, and Involvement
Public education, outreach, and involvement are an important MCM. This MCM can be
accomplished in a number of different ways, most of which are already established and/or
accessible. In the past, the Town has found that newsletter articles were an effective ways to
reach the Town’s residents.
The Town of Hickory Creek recognizes the benefits of direct involvement in the Town’s
stormwater program by members of the public. The Town involves its residents by obtaining
feedback from them in a number of established committees, including on-line communication,
and public meetings.
Public involvement differs from public education in that it not only informs the public, but also
provides opportunities for direct citizen action. When citizens participate in a project’s decision-
making process, they are more likely to support the final outcome. This plan describes ways in
which the community can play an active role in developing and implementing the Town’s
stormwater management program. An informed and involved public can be a valuable
information resource and can help build compliance with the program. The public involvement
and participation program is also a requirement of the TPDES program and EPA NPDES Phase
II Final Rule.
General Permit Requirements:
(a) A public education program must be developed to distribute educational materials to
the community or conduct equivalent outreach activities that will be used to inform the
public. The Town of Hickory Creek may determine the most appropriate sections of
the population at which to direct the program. The Town must consider the following
groups and the SWMP shall provide justification for any listed group not included in
the program:
1) Residents;
2) Visitors;
3) Public Employees;
4) Commercial and Industrial Facilities; and
5) Construction Site Personnel.
The outreach must inform the public about the impacts that pollution in stormwater
run-off can have on water quality, hazards associated with illegal discharges and
improper disposal of waste, and ways they can minimize their impact on stormwater
quality.
(b) The Town of Hickory Creek must document activities conducted and materials used
to fulfill this control measure. Documentation shall be detailed enough to demonstrate
the amount of resources used to address each group. This documentation shall be
retained in the annual reports required in Part IV.B.2 of the General Permit.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 8
(c) The Town must at a minimum, comply with any state and local public notice
requirements when implementing a public involvement / participation program. The
program may be developed to include opportunities for a wide variety of constituents
within the MS4 area to participate in the SWMP development and implementation.
The Town of Hickory Creek has effectively communicated with the residents through
publication on the Hickory Creek Newsletter. The town shall publish the public notices
through the Denton Record Chronicle and Hickory Creek Newsletter.
The Texas Government Code Chapter 2051, Section 44 defines the requirements for a
newspaper in which a public notice will be published as:
(1) The newspaper in which a notice is published must:
i. devote not less than 25 percent of its total column lineage to general interest
items;
ii. be published at least once each week;
iii. be entered as second-class postal matter in the county where published; and
iv. have been published regularly and continuously for at least 12 months before
the governmental entity or representative publishes notice.
(2) A weekly newspaper has been published regularly and continuously under
Subsection (a) if the newspaper omits not more than two issues in the 12-month
period.
Public meetings, if required, will be conducted according to the Texas Government Code Title 5,
Subtitle A, Chapter 551.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 9
BMP
#1
MINIMUM CONTROL MEASURE NO. 1
Public Education and Outreach
Distribute Stormwater Educational Materials
Activity
Distribute stormwater educational materials to relevant sectors of the community as required by
the Small MS4 General Permit.
Objective
Educate residents; visitors; public employees; businesses; commercial activities; and
construction site personnel about stormwater pollution-potential of common activities and
hazards associated with illegal discharges and improper disposal of waste. Provide community
clear guidance on steps and specific actions that they can take to reduce the potential for
Stormwater pollution.
Responsible Position
Public Works Director
Work Actions
i. Distribute materials to relevant community sector by placing in public buildings.
Annual Reporting Documentation
Discussion of approximate number of educational materials developed or procured; general
nature of messages on printed materials; date on which materials were first made available;
method of distributing materials and number of materials distributed.
Document Retention
Written documentation of date on which materials are procured; date on which materials were
first available; copy of materials distributed, method of distributing materials; location materials
available to the community, and meeting minutes.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 10
Action Items with Measurable Goals and Schedules
Year 1- No Action
Year 2 Research Stormwater education material targeting resident, commercial
and visitors
Year 3 through 5-
a. Distribute stormwater educational materials targeted towards Residents and
Visitors. Educational pamphlets and/ or brochures will be printed and distributed
annually until end of permit. Educational materials will be placed in public areas
or distributed at community events. This action item may be implemented with
MCM No. 1, BMP No. 2 and BMP No. 3 and BMP No. 4.
b. Distribute stormwater educational materials targeted towards public service
employees. Materials will be distributed annually until end of permit term with a
goal to reach all public service employees each year. This action item goal may
be implemented with MCM No. 2, BMP No. 4; and MCM No. 3, BMP No. 4.
c. Year 3 through 5- Distribute stormwater educational materials targeted towards
businesses, commercial and industrial activities. Educational pamphlets and/ or
brochures will be printed and distributed annually until end of permit. This action
item may be implemented with MCM No. 2, BMP No. 4.
d. Year 3 through 5- Distribute stormwater educational materials targeted towards
construction site personnel. Educational pamphlets and/ or brochures will be
printed and distributed prior to construction (At pre-construction meeting or with
the permit documents). This action item may be implemented with MCM No. 2
BMP No. 4; and MCM No. 3 BMP No. 4.
Helpful
Suggestions
The EPA, and TCEQ, have stormwater educational information available
for municipalities to use with minor modifications. Also, to reduce costs
and resource commitments, it is possible to develop materials with other
local Phase II MS4’s or NCTOG municipalities and share printing and
distribution costs.
To meet permit requirements, ensure message targets specific areas of
concern, for example consider targeting the stormwater pollution-
potential of over fertilizing yards and proper disposal of waste for
residences and visitors.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 11
BMP
#2
MINIMUM CONTROL MEASURE NO. 1
Public Education and Outreach
Stormwater Message(s) with Links on Town of Hickory Creek Website
Activity
Implement, maintain, and update as necessary stormwater educational messages on Town
website to inform residents; visitors; public service employees; businesses; commercial, and
industrial activities; and construction site personnel about stormwater pollution-potential of
common activities and pollution prevention of the Hickory Creek stormwater system. Webpage
should have appropriate information with links to outside web sources such as EPA, TCEQ, and
a link to the e-mail of the Town’s contact person. Information available on website should be
pertinent to all sectors of the community.
Objective
Provide public forum for disseminating and collecting stormwater and SWMP related information
via Town’s website to all sectors of the community.
Responsible Position
Information Technology Manager and Public Works Director
Work Actions
i. Implement and maintain stormwater informational page on website; and
ii. Respond to e-mail comments or questions from public.
Annual Reporting Documentation
Description of website stormwater information and links, with beginning dates and dates of any
modifications. Description of the number of e-mails received regarding stormwater issues and
number of hits on webpage.
Documentation Requirements
Date on which stormwater webpage and links are made available; prints of appropriate
materials; dates of additions or modifications to stormwater webpage;
Action Items with Measurable Goals and Schedules
Year 1- No Action
Year 2 through 5- Maintain webpage continuously until end of permit term.
Year 1 through 5- Make Town SWMP available for viewing on stormwater webpage.
Maintain on webpage until end of permit term. This action item should be
implemented with MCM No. 1, BMP No. 4.
Year 2 through 5- Post stormwater pollution prevention “fact sheets” for all relevant
sectors of the community (residences and visitors, public service employees, businesses,
and construction site personnel).
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 12
Helpful
Suggestions
The Stormwater website may be an efficient mechanism to publicly
display NOI and SWMP as mandated by the MS4 General Permit.
Web links to consider are EPA’s Stormwater page, Keep America
Beautiful, or TCEQ’s websites. There are lots of resources available to
use, just ensure they are appropriate for the Town’s concerns.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 13
Town of Hickory Creek
BMP
#3
MINIMUM CONTROL MEASURE NO. 1
Public Education and Outreach
River/Stormwater System Volunteer Cleanups
Activity
Facilitate river and stormwater volunteer cleanups.
Objective
Involve businesses, public employees and local citizens in hands-on cleanup of Hickory Creek’s
stormwater system.
Responsible Position
Park Department
Work Actions
i. Organize and/or participate with volunteer efforts to clean up debris and trash in the
creeks or that could end up in local creeks and streams including stormwater outfalls;
emphasize cleanup of floatables.
Annual Reporting Documentation
Discussion of cleanup, including publicity Town materials, number of participants, length of
stormwater system cleaned, and general results.
Document Retention
Documentation of publicity materials, and approximate number of persons participating.
Action Items with Measurable Goals and Schedules
Year 1 through 5 - The Town will organize collection location for volunteer efforts to
clean up debris and trash in the creeks or that could end up in local
creeks and streams. Repeat annually until end of permit term.
Helpful
Suggestions
Consider promoting events on Town website or Newsletter Article.
Possible to utilize existing “scout” volunteer cleanup as credit for this BMP.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 14
BMP
#4
MINIMUM CONTROL MEASURE NO. 1
Public Education and Outreach
Display Stormwater Management Program on Town Website for
Public Review and Comment
Activity
Display SWMP on Town website for public review and comment
Objective
To allow community to comment on SWMP and participate in the development and
implementation process.
Responsible Position
Information Technology Manager and Public Works Director
Work Requirements
i. Post SWMP on Town website;
ii. Create email or similar outlet for gathering public comments; and
iii. Develop method for reviewing and implementing public comments.
Annual Report Requirements
Public input and actions by the Town
Documentation Requirements
Documentation of public comments and response or actions by the Town with relevant meeting
minutes. If meetings are held, include numbers and lists of attendees, nature of discussion.
Action Items with Measurable Goals and Schedules
Year 1 through 5- Display SWMP on Town website.
Year 1 through 5 - Monitor email on Town website for commenting on SWMP and
method for addressing community comments. This action item should be
implemented with MCM No. 1, BMP No. 2; and MCM 3, BMP No. 5.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 15
3.3 MCM2 Illicit Discharge Detection and Elimination
The Town of Hickory Creek recognizes the potential for illicit discharges to the Town’s
stormwater system and is committed to addressing these discharges. The BMPs in this section
are targeted toward known and potential illicit discharges.
Non-stormwater discharges will be addressed on a case-by-case basis. Allowable non-
stormwater discharges, as identified in Part II. C of the TPDES General Permit, are not required
to be addressed by the minimum control measures unless they are determined by the Town or
TCEQ to be significant contributors of pollutants to the small MS4. The town of Hickory Creek
will not be sampling stormwater unless illicit discharges are identified
General Permit Requirements
(a) Illicit Discharges
A section within the SWMP must be developed to establish a program to detect and
eliminate illicit discharges to the MS4. The SWMP must include the manner and
process to be used to effectively prohibit illicit discharges. To the extent allowable under
state, and local law, an ordinance or other regulatory mechanism must be utilized to
prohibit and eliminate illicit discharges. Elements must include:
(i) Detection
The SWMP must list techniques used for detecting illicit discharges; and
(ii) Elimination
The SWMP must include appropriate actions and to the extent allowable under state and
local law, establish enforcement procedures for removing the source of an illicit
discharge. Where the permittee lacks the authority to develop ordinances or to
implement enforcement actions, the information regarding the illicit discharge may be
referred to the TCEQ’s regional field office.
(b) Allowable Non-Stormwater Discharges
Non-stormwater flows listed in Part II.C and Part VI.B of the General Permit do not need
to be considered by the Town as an illicit discharge requiring elimination unless the
Town or TCEQ identifies the flow as a significant source of pollutants to the MS4. In lieu
of considering non-stormwater sources on a case-by-case basis, the MS4 operator may
develop a list of common and incidental non-stormwater discharges that will not need to
be addressed as illicit discharges requiring elimination. If developed, the listed sources
of pollutants must not be reasonably expected to be significant sources of pollutants
either because of the nature of the discharge or the conditions that have been
established by the Town prior to accepting discharge to the MS4. All local controls and
conditions established for these discharges must be described in the SWMP and any
changes from the initial SWMP must be included in the annual report described in Part
IV.B.2 of the General Permit.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 16
(c) Storm Sewer Map
i. A map of the storm sewer system must be developed and must include the
following:
i. The location of the outfalls;
ii. The names and locations of all waters of the U.S. that receive discharges
from the outfalls; and
iii. Any additional information needed by the permittee to implement its SWMP.
ii. The SWMP must include the source of information used to develop the storm sewer
map, including how the outfalls were verified and how the map will be regularly
updated.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 17
BMP
#1
MINIMUM CONTROL MEASURE NO. 2
Illicit Discharge Detection and Elimination
Implement Town Ordinance and Enforcement Procedures to Prohibit
and Remove Illicit Discharges
Activity
Implement, update as necessary, and enforce Town of Hickory Creek ordinance that prohibits
non-stormwater discharges to the Town stormwater system, include exceptions for allowable
non-stormwater discharges as identified in Part II.C or Part VI.B of the General Permit.
Continue to implement enforcement procedures for removing the source of illicit discharges in a
timely manner.
Objective
Regulate and enforce procedures to prohibit and remove illicit discharges.
Responsible Department
Public Works Director
Responsible Position
Town Manager
Work Actions
i. Review current illicit discharge ordinance.
ii. Continue to implement and update as necessary the Town ordinance prohibiting non-
stormwater discharges to the MS4, including exceptions for allowable non-stormwater
discharges as identified in Part II.C or Part VI.B of the General Permit;
iii. Implement enforcement procedures for removing illicit discharges.
Annual Report Documentation
Copy of current ordinance; description of any revisions to the ordinance and enforcement
procedures; ordinance and enforcement procedures revision dates.
Document Retention
If necessary, copies of meeting agendas and minutes for meetings at which ordinance and
enforcement procedures revisions were discussed; copies of all correspondence related to
ordinance and enforcement procedure revisions, including e-mails, letters, and phone
conversations.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 18
Action Items with Measurable Goals and Schedules
Year 1- No Action
Year 2- Review current Illicit Discharge ordinance and research other municipality
ordinances.
Year 3- Prepare draft ordinance.
Year 4 - Adopt revised ordinance.
Year 5 – Enforce updated ordinance
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 19
BMP
#2
MINIMUM CONTROL MEASURE NO. 2
Illicit Discharge Detection and Elimination
Visual Inspection of Selected Stormwater Outfalls During Dry
Weather
Activity
Perform dry weather screening of selected stormwater outfalls to determine the existence of
illicit discharges. If necessary, determine source of suspected illicit discharge and report to
Town’s enforcement mechanism for elimination of illicit discharge.
Objective
Develop program to Identify and remove potential illicit discharges to Hickory Creek’s
stormwater system.
Responsible Position
Public Works Director
Work Actions
i. Develop inspection procedures, including illicit discharge reporting procedures, for Town
staff to perform storm water outfall dry weather inspections;
ii. The Town Engineer or Inspector shall visually inspect stormwater outfalls during dry
weather to check for possible illicit discharges and document observations in a annual
basis;
iii. Develop procedure for reporting any discovered illicit discharge to enforcement body for
removal.
iv. Develop a form for Dry weather inspection, including: Date, Locations Inspected,
Temperature, Weather, and Note Discharge from the location inspection stating the
source, color, and action.
Document Retention
Written report for each outfall inspected including date, time, and description of any observed
discharges; actions taken if suspected illicit discharge is detected; and photographs.
Action Items with Measurable Goals and Schedules
Year 1- Enforce current ordinance.
Year 2- Research other municipality procedures and forms.
Year 3- Prepare a dry weather inspection procedure and form.
Year 4 through 5- Implement dry weather screening program in an annual basis and
upon public complaints/notification.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 20
BMP
#3
MINIMUM CONTROL MEASURE NO. 2
Illicit Discharge Detection and Elimination
Development of Storm Sewer Map Showing All Outfalls and Names of
Waters of the United States
Activity
Develop a Hickory Creek storm sewer map showing all outfalls and names of Waters of the
United States.
Objective
Develop a complete and current map of all stormwater facilities in Hickory Creek to demonstrate
a basic awareness of the intake and discharge areas of the system.
Responsible Position
Town Engineer
Work Actions
i. Compile stormwater map data from necessary sources;
ii. Review data to locate outfalls and conduct field verification of all outfall locations; and
iii. Create paper and electronic versions of outfall maps.
Annual Reporting Documentation
Discussion of compilation of map data, field verification process, and generation of map.
Document Retention
Written documentation of process to compile necessary stormwater system data.
Action Items with Measurable Goals and Schedules
Year 1- No action.
Year 2- Continue to compile all relevant stormwater outfall location data from existing
records.
Year 3- Conduct field verification of all remaining stormwater outfalls and document
results.
Year 4- Develop electronic and paper maps of all stormwater outfalls and receiving
waters.
Year 5- Continue to update electronic and paper stormwater outfall location map with
receiving waters. Maintain current map until end of permit term.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 21
BMP
#4
MINIMUM CONTROL MEASURE NO. 2
Illicit Discharge Detection and Elimination
Educate Town Employees, Businesses, and the General Public
Regarding Hazards Associated with Illegal Discharges to
Stormwater Systems
Activity
Educate Town employees, businesses, and the general public about illicit discharges to the
MS4.
Objective: To inform Town employees, businesses, and the general public about the hazards of
illegal discharges to the stormwater system.
Responsible Position
Public Works Director
Work Actions
i. Develop and/ or procure educational materials discussing the stormwater hazards of
illicit discharges; and
ii. Distribute materials to Town employees, businesses and the general public.
Annual Reporting Documentation
Discussion of development or procurement of materials; discussion of distribution methods.
Document Retention
Written documentation of materials developed or procured; written documentation of any
correspondence related to distribution.
Action Items with Measurable Goals and Schedule
Year 1- Research Public Education Material
Year 2 through 5
a. Distribute stormwater educational materials targeted towards Residents and
Visitors. Educational pamphlets and/ or brochures will be printed and distributed
annually until end of permit. Educational materials will be placed in public areas
or distributed at community events. This action item may be implemented with
MCM No. 1, BMP No. 1.
b. Distribute stormwater educational materials targeted towards public service
employees. Materials will be distributed annually until end of permit term with a
goal to reach all public service employees each year. This action item may be
implemented with MCM No. 1, BMP No. 1.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 22
c. Distribute stormwater educational materials targeted towards businesses, and
commercial activities. Educational pamphlets and/ or brochures will be printed
and distributed annually until end of permit. This measurable goal may be
implemented with MCM No. 1, BMP No. 1
Helpful
Suggestions
The EPA and TCEQ have stormwater educational information available for
municipalities to use with minor modifications. Also, to reduce costs and
resource commitments, it is possible to develop materials with other local
Phase II MS4’s or NCTOG municipalities and share printing and distribution
costs.
Also consider implementing this BMP with other public education BMPs in
MCM No. 1.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 23
3.4 MCM3 Construction Site Runoff Controls
In the absence of proper management, construction sites can release significant amounts of
sediment into stormwater and eventually into a municipality’s stormwater drainage system.
Other construction site activities such as storage and handling of construction materials also
can release pollutants into the storm drain system. In addition, increases in compaction and
impervious surfaces at construction sites impact stormwater. The fact that construction and
construction-related activities are occurring in the metropolitan area is cause to evaluate the
methods and procedures currently in place to address stormwater runoff. Pollutants from
construction sites that may impact stormwater runoff include sediment, solid and sanitary
wastes, fertilizer, pesticides, oil and grease, truck washout debris, and construction debris.
The Town of Hickory Creek currently has institutional controls related to stormwater at
construction sites. The continued implementation and enforcement of these stormwater runoff
controls will be an important element in Hickory Creek’s Stormwater Management Program. The
town of Hickory Creek will not be sampling the stormwater during the permit period.
General Permit Requirements:
The Town, to the extent allowable under State and local law, must develop, implement,
and enforce a program to reduce pollutants in any stormwater runoff to the MS4 from
construction activities that result in land disturbances of greater than or equal to one acre
or if that construction activity is part of a larger common plan of development or sale that
would disturb one acre or more of land. The Town is not required to develop, implement,
and/or enforce a program to reduce pollutant discharges from sites where the
construction site operator has obtained a waiver from permit requirements under NPDES
or TPDES construction permitting based on low potential for erosion.
(a) The program must include the development and implementation of, at a minimum, an
ordinance or other regulatory mechanism to require erosion and sediment controls, as
well as sanctions to ensure compliance, to the extent allowable under State and local
law.
(b) Requirements for construction site contractors to, at a minimum:
(1) Implement appropriate erosion and sediment control BMPs; and
(2) Control waste such as discarded building materials, concrete truck washout
water, chemicals, litter, and sanitary waste at the construction site that may
cause adverse impacts to water quality.
(c) The Town must develop procedures for:
(1) Site plan review which incorporate consideration of potential water quality
impacts;
(2) Receipt and consideration of information submitted by the public; and
(3) Site inspection and enforcement of control measures to the extent allowable
under State and local law.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 24
BMP
#1
MINIMUM CONTROL MEASURE NO. 3
Construction Site Runoff Controls
Implement and Maintain Hickory Creek Town Ordinance and
Enforcement Mechanism to Require Erosion and Sediment Controls
at Construction Sites > 1 Acre
Activity
Continue to implement and maintain a Town ordinance and enforcement mechanism (including
sanctions) to require waste, erosion, and sediment controls at construction sites that disturb one
acre or more. Ordinance must address waste such as discarded building materials, concrete
washout water, litter, and sanitary waste.
Objective
To regulate and control waste, erosion, and sedimentation from construction sites within the
Town of Hickory Creek.
Responsible Position
Public Works Director
Work Actions
i. Continue to implement and revise as necessary the Town ordinance requiring waste,
erosion, and sediment controls at construction sites ≥ 1 acre; and
ii. Continue to enforce the requirements of waste, erosion, and sediment controls at
construction sites ≥ 1 acre.
Annual Reporting Documentation
Discussion any revisions of ordinance and enforcement mechanism; copy of ordinance and
enforcement policy and procedures; discussion of any important issues related to ordinance.
Document Retention
Written minutes of relevant Town Council meetings if the ordinance is revised; copies of
agendas; copies of correspondence, including e-mails, letters, memos, and phone
conversations.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 25
Action Items with Measurable Goals and Schedule
Year 1- Enforce current ordinance.
Year 2- Review current ordinances.
Year 3- Submit draft of ordinance revisions.
Year 4- Implement and update as necessary the final ordinance.
Year 5- Enforcement updated ordinance until end of permit term.
Helpful
Suggestions
The EPA has example model Town ordinances available to develop
language adequate to meet the General Permit requirements.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 26
BMP
#2
MINIMUM CONTROL MEASURE NO. 3
Construction Site Runoff Controls
Require Submittal of Construction Site SWPPP for Review by
Town Staff
Activity
Require contractors to submit TCEQ approved Construction SWPPP for Town review.
Objective: Incorporate site plan review with considerations of water quality impacts
Responsible Position
Public Works Director
Work Actions
i. Implement policy and ordinance that requires contractors to submit TCEQ approved
Construction SWPPP;
ii. Provide construction plan checklist for Town site plan reviewers which has a specific
item requiring submittal of Construction SWPPP; and
iii. Review of all Submitted Construction SWPPP’s for compliance with Town ordinance.
Ensure that SWPPPs include temporary controls for waste, sediment, and erosion, as
well as controls for allowable non-stormwater discharges and post-construction
stormwater controls.
Annual Reporting Documentation
Discussion of policy updates, discussion of construction plan checklist revisions and any
changes made to ensure compliance with erosion and sediment control ordinance.
Document Retention
Documentation of checklist, both before and after changes are made.
Action Items with Measurable Goals and Schedules
Year 1 through 4- Review construction plans with current check list.
Year 2- Review construction plan checklist
Year 3- Submit draft construction plan checklist with proposed revisions.
Year 4- Implement and update as necessary the new construction site plan review
checklist that considers potential impacts of water quality.
Year 5- Continue review of all Construction SWPPPs to ensure compliance with Town
ordinance until end of permit term.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 27
BMP
#3
MINIMUM CONTROL MEASURE NO. 3
Construction Site Runoff Controls
Implement Procedures for Construction Site Inspection of
Runoff Controls
Activity
Review and revise as necessary the stormwater runoff inspection procedures for Town
inspectors to follow at construction sites.
Objective
Reduce stormwater pollution-potential from construction sites.
Responsible Position
Public Work Director
Work Actions
i. Implement and revise as necessary the procedures for construction site inspections for
proper waste, erosion, and sediment controls. Ensure controls documented in SWPPP
are in-place. Enforcement of control measures should follow those outlined through
MCM No. 3, BMP No. 1.
Annual Reporting Documentation
Discussion of any revisions of the inspection procedures, including dates and nature of
procedures finalized.
Document Retention
Documentation regarding creation of construction runoff control inspection procedures; including
copies of relevant correspondence, including letters, e-mails, memos, and phone conversations.
Action Item with Measurable Goal and Schedule
Year 1- Inspect construction site per current procedures.
Year 2- Research other municipality inspection procedures and forms.
Year 3- Review and revise as necessary the construction site inspection procedures.
Year 4 and 5- Implement revised construction site inspection procedures.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 28
BMP
#4
MINIMUM CONTROL MEASURE NO. 3
Construction Site Runoff Controls
Train Town Inspectors in Conducting Proper Site Inspections
Activity
Train Town inspectors in procedures for ensuring construction site has required stormwater
runoff controls.
Objective
Reduce stormwater pollution-potential from construction sites.
Responsible Department
Public Works Director
Responsible Position
Public Works Director
Work Actions
i. Develop training materials for construction site inspections;
ii. Perform Town inspectors training on proper waste, erosion, and sediment controls at
construction sites; and
iii. Have Town inspectors implement inspection procedures during construction site
inspections.
Annual Reporting Documentation
Discussion of inspection training, including dates, materials, and nature of training.
Document Retention
Documentation of training program, including copies of any materials distributed during training;
attendees, copies of relevant correspondence, including letters, e-mails, memos, and phone
conversations.
Action Item with Measurable Goal and Schedule
i. Year 1 – Inspect construction site per current procedure
ii. Year 2 – Research education material
iii. Year 3 though 5 Training Town inspectors in procedures for ensuring construction site
has required stormwater runoff controls. Continue training annually until end of permit
term.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 29
BMP
#5
MINIMUM CONTROL MEASURE NO. 3
Construction Site Runoff Controls
Implement Mechanism for Contractor Comment and
Procedures for Comment Consideration in Regards to
Construction Site Runoff Controls
Activity
Provide mechanisms for commenting and review of comments. Determine if incorporation of
comment(s) is in the common interest of the Town and Public.
Objective
Ensure construction contractors have a mechanism to communicate concerns related to the
construction site runoff controls with the Town.
Responsible Position
Public Works Director
Work Actions
i. Continue to operate construction stormwater controls hotline or email for receiving
comments from construction contractors; and
ii. Solicit and receive verbal and/ or written input from contractors;
iii. Address feedback or comments received.
Annual Reporting Documentation
Discussion of any revisions to the communication mechanism developed, and review
procedures.
Document Retention
Documentation of sessions including agendas, summaries, numbers and lists of attendees, and
nature of discussions; including letters, memos, and phone conversation records.
Action Items with Measurable Goals and Schedules
i. Continue to maintain email where the community can discuss stormwater issues. This
action item may be implemented with MCM No. 1, BMP No 1; and MCM No. 1 BMP
No.4.
ii. Address comments or questions as necessary.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 30
3.5 MCM4 Post-Construction Stormwater Management in New Development and
Redevelopment
There generally are two forms of substantial impacts from post-construction runoff. The first is
caused by an increase in the type and quantity of pollutants in stormwater runoff. As runoff
flows over areas altered by development, it picks up harmful sediment and chemicals such as
oil and grease, pesticides, heavy metals, and nutrients (e.g., nitrogen and phosphorus). These
pollutants become suspended in stormwater runoff and have the ability to impact the food chain
and eventually impact humans. The second kind of post-construction runoff impact occurs by
increasing the quantity of water delivered to the receiving water body during storms. Increased
impervious surfaces interrupt the natural cycle of gradual percolation of water through
vegetation and soil. Instead, water is collected from surfaces such as asphalt and concrete and
routed to drainage systems where large volumes of runoff quickly flow to the nearest receiving
water. This can result in scouring of natural drainage pathways and flooding of areas resulting
in property damage.
General Permit Requirements:
To the extent allowable under State and local law, the Town must develop, implement,
and enforce a program to address stormwater runoff from new development and
redevelopment projects that disturb greater than or equal to one acre of land, including
projects less than one acre that are part of a larger common plan of development or sale
that will result in disturbances of one or more acres, that discharge to the MS4. The
program must ensure that controls are in place that would prevent or minimize water
quality impacts. The permittee shall:
(a) Develop and implement strategies which include a combination of structural and/ or
non-structural BMPs appropriate for the community;
(b) Use an ordinance or other regulatory mechanism to address post-construction runoff
from new development and redevelopment projects to the extent allowable under
State and local law; and
(c) Ensure adequate long-term operation and maintenance of BMPs.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 31
BMP
#1
MINIMUM CONTROL MEASURE NO. 4
Post Construction Stormwater Management
in New Development and Redevelopment
Implement and Maintain Hickory Creek Ordinance and Enforcement
Mechanism to Require Post Construction Stormwater Management in
New Development and Redevelopment Sites >1 Acre
Activity
Continue to implement and maintain a Town ordinance and enforcement mechanism to require
New Development and Redevelopment sites that disturb one acre or more to have the
post construction stormwater management..
Objective
To regulate new development and redevelopment Post Construction Storm Water Management
within the town of Hickory Creeek.
Responsible Position
Public Works Director
Work Actions
i. Continue to implement and revise as necessary the Town Post Construction
Stormwater Management Ordinance for new development and redevelopment
sites 1 acre. The ordinance will include sites that are less than 1 acre if they are
part of a larger or phased development.
ii. The Post Construction Stormwater Management will be enforced during the
platting and permitting process;
iii. The Town ordinance and Engineering Design Manual currently requires
stormwater management for volume and velocity for new developments to
reduce stormwater pollution.
iv. The ordinance shall establish the maintenance responsibilities for the Post
Construction Storwater management structure and non-structure BMPs. Currently
the Post Construction Storm Management structures and non-structure BMPs are
maintained by private owners and HOAs. The Town does own or maintain a
detention pond located in the Town Hall property.
Annual Reporting Documentation
Discussion any revisions of ordinance and enforcement mechanism; copy of ordinance
and enforcement policy and procedures; discussion of any important issues related to
ordinance.
Document Retention
Written minutes of relevant Town Council meetings if the ordinance is revised; copies of
agendas;
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 32
copies of correspondence, including e-mails, letters, and memos.
Action Items with Measurable Goals and Schedules
i. Year 1- Enforce current ordinance.
ii. Year 2- Review current ordinances.
iii. Year 3- Submit draft of ordinance revisions.
iv. Year 4- Implement and update as necessary the final ordinance.
v. Year 5- Enforcement updated ordinance until end of permit term.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 33
BMP
#2
MINIMUM CONTROL MEASURE NO. 4
Post Construction Stormwater Management
in New Development and Redevelopment
Create and Distribute Educational Materials for Area Developers
Regarding Post-Construction Stormwater Controls
Activity
Create and distribute educational materials regarding post-construction stormwater controls to
developers, contractors, and relevant stakeholders.
Objective
Inform area developers, contractors, and stakeholders about post-construction stormwater
controls.
Responsible Position
Town Engineer or Town Secretary and Public Works Director
Work Actions
i. Create written educational materials regarding Hickory Creek construction
stormwater control requirements; and
ii. Provide education material when issuing building permits.
Annual Reporting Documentation
Discussion of creation and distribution of educational materials, including the date materials
were finalized and the date on which distribution began; discussion of any feedback from
recipients of materials.
Document Retention
Documentation of the creation of educational materials, including date on which they were
finalized and any comments received from developers and contractors; copy of written materials
and documentation of distribution of materials.
Action Items with Measurable Goals and Schedules
i. Year 1- No Action
ii. Year 2- Research education material
iii. Year 3- Determine appropriate material to distribute
iv. Year 4 through 5- Educational materials will be distributed with applicable
building permits. Distribution will continue until end of permit term. This action
item may be implemented with MCM No. 1, BMP No. 1
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 34
3.6 MCM5 Pollution Prevention/Good Housekeeping for Municipal Operations
The Town of Hickory Creek recognizes that any Stormwater Management Program requires
good housekeeping and pollution prevention to be successful.
The Town of Hickory Creek will develop a pollution prevention/good housekeeping checklist for
municipal operated parks, fleet maintenance service, and public works storage yard.
The town contracts all public work (i.e. street maintenance, storm system maintenance). Water
is provided and maintained by Lake Cities Municipal Utility Authority (LCMUA).
General Permit Requirements:
(a) Good Housekeeping and Best Management Practices (BMPs)
Housekeeping measures and BMPs (which may include new or existing structural and
non-structural controls) must be identified and either continued or implemented with the
goal of preventing or reducing pollutant runoff from municipal operations. Examples of
municipal operations and municipally owned areas include, but are not limited to:
(1) Park and open space maintenance;
(2) Street, road, or highway maintenance;
(3) Fleet and building maintenance;
(4) Stormwater system maintenance;
(5) New construction and land disturbances;
(6) Municipal parking lots;
(7) Vehicle and equipment maintenance and storage yards;
(8) Waste transfer stations; and
(9) Salt/ sand storage locations.
(b) Training
A training program must be developed for all employees responsible for municipal
operations subject to the pollution prevention/ good housekeeping program. The training
program must include training materials directed at preventing and reducing stormwater
pollution from municipal operations. Materials may be developed, or obtained from the
EPA, states, or other organizations and sources. Examples or descriptions of training
materials being used must be included in the SWMP.
(c) Structural Control Maintenance
If BMPs include structural controls, maintenance of the controls must be performed at a
frequency determined by the MS4 operator and consistent with maintaining the
effectiveness of the BMP. The SWMP must list all of the following
(1) Maintenance activities;
(2) Maintenance schedules; and
(3) Long-term inspection procedures for controls used to reduce floatables and other
pollutants.
(d) Disposal of Waste
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 35
Waste removed from the MS4 and waste that is collected as a result of maintenance of
stormwater structural controls must be properly disposed. A section within the SWMP
must be developed to include procedures for the proper disposal of waste, including:
(1) Dredge spoil;
(2) Accumulated sediments; and
(3) Floatables.
(e) Municipal Operations and Industrial Activities
The SWMP must include a list of all:
(1) Municipal operations that are subject to the operation, maintenance, or training
program developed under the conditions of this section; and
(2) Municipally owned or operated industrial activities that are subject to TPDES
stormwater regulations.
The Town only owns the Town Hall property and Public Works Yard, maintains three (3) parks
within the USACE property. Many of the good housekeeping BMPs shown on the permit are
not applicable to the town. The following is a summary of the good housekeeping items from
the permit and which are applicable:
a. Composting facilities: Not Applicable. The Town does not own or operate a composting
facility
b. Equipment storage and maintenance facilities: Not Applicable. The Town does not own
an equipment storage or maintenance facilities. There are some items stored at the
Public Works Yard (refer to Public Work Yard portion).
c. Fuel storage facilities: Not Applicable. The Town does not owns a fuel storage tank. All
fueling of vehicles and equipment is done offsite.
d. Hazardous waste disposal facilities: Not Applicable. The Town does not own hazardous
waste facilities.
e. Hazardous waste handling and transfer facilities: Not Applicable. The Town does not
own a hazardous waste handling and transfer facilities.
f. Incinerators: Not applicable. The Town does not own an incinerator
g. Landfills: Not applicable. The Town does not own a Landfill. Garbage pickup is
provided by a 3rd party waste management company. The Town has a bulk collection
pick up in the contract with the waste management company
h. Materials storage yards: Mulch and flexbase are stored at the Public Works Yard.
i. Pesticide storage facilities: Not applicable. The Town does not own pesticides storage
facilities.
j. Buildings, including schools, libraries, police stations, fire stations, and
office: The Town owns the Town Hall building, Public Works Building and
maintains three (3) parks within the USACE property.
k. Parking lots: The Town owns the parking lot at the Town Hall,
l. Golf courses: Not applicable. The Town does not own any golf courses.
m. Swimming pools: Not applicable. The Town does not own any swimming pools
n. Public works yards: The Town has a Public Works Yard. The Public Works Yard
has stockpiles of flexbase and mulch for roadway and park maintenance. A used
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 36
oil tank is also located in the public works yard that is properly disposed by a 3
rd
party company.
o. Recycling facilities: Not applicable. The town has a used oil tank in the Public Works
Yard but does not own a recycling facility
p. Salt storage facilities: Not applicable. The Town does not store or salts the Town roads
prior or after winter storms.
q. Solid waste handling and transfer facilities: Not applicable. The Town does not own any
of these types of facilities.
r. Street repair and maintenance sites: The Town contracts the street repairs and
maintenance and does not repair streets in house. The contractor does need to
comply with same operating methods as new construction to ensure the
reduction of pollutants into the storm system. The Public Works Director is
the Town’s inspector and does oversee contractor operations and ensures
necessary pollution reduction BMPs are used during road repair and
maintenance operations.
s. Vehicle storage and maintenance yards: Not applicable. The Town does not own a
vehicle storage yard or maintains theirown vehicles. The Town sends the vehicles for
maintenance to mechanics offsite.
t. Structural stormwater controls: The Town owns a detention pond in the town
hall property and maintains the pond periodically.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 37
BMP
#1
MINIMUM CONTROL MEASURE NO. 5
Pollution Prevention and Good Housekeeping
Identify Possible Pollutants from Operation and Maintenance
procedure at the Town owned properties
Activity
Inspect Town operation and maintenance procedures to determine what stormwater controls
are in place, and what pollution prevention controls are warranted.
Objective
To reduce pollution in Hickory Creek’s stormwater system from municipally owned properties.
The
good housekeeping items that are applicable are:
a. Buildings
b. Parking Lot
c. Public Works Yard
d. Street repair and maintenance
e. Parks.
Responsible Position
Public Works Director
Work Actions
a. Identify pollutants of concern that could be discharged from operations and
maintenance at the Town owned property.
b. Develop and implement pollution prevention measures that will reduce discharge
of pollutants from operations and maintenance at the Town owned property
c. Develop and implement pollution preventions measures and oversight for street repairs
and maintenance performed by contractors.
d. Train the Public Works Director the procedure for detecting possible pollutants and how
to enforce the developed plan for reducing possible pollutants from operations at the
Town hall property and street maintenance.
e. Maintain field logs from inspections performed and sources of pollutants identified.
Annual Reporting Documentation
Field logs of inspections and sources of pollutants identified.
Developed plan to reduce identified pollutants from operations at Town owned property.
Developed plan to reduce possible pollutants during street repairs and maintenance.
Written field logs of inspections for operations during street repairs and maintenance
Document Retention
Written field logs of inspections for operations at Town owned property
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 38
Written field logs of inspections for operations during street repairs and maintenance
Action Items with Measurable Goals and Schedules
i. Year 1 and 2 Identify possible sources of pollutants from operations at
Town owned property.
ii. Year 3 – Develop and implement a plan to target sources of pollutants from Town
hall/fire station operation and street repair/maintenance
iii. Year 1 through 5 - Conduct annual inspections of Town hall property through the
end of the permit.
Helpful
Suggestions
The EPA has stormwater training materials available for municipalities to
use with minor modifications. Also, to reduce costs and resource
commitments, it is possible to develop materials and train a regional group
in combination with other local Phase II MS4’s to help manage costs.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 39
BMP
#2
MINIMUM CONTROL MEASURE NO. 5
Pollution Prevention and Good Housekeeping
Develop and Implement a Plan to Reduce Pollutants from Operation
and Maintenance procedures at the Town owned properties
Activity
Develop and implement a plan to reduce pollutants based on assessment on BMP 5.1.
Objective
Develop a plan that will reduce pollution Hickory Creek’s stormwater system from
municipally operation and maintenance procedures. The developed plan will include
requirements for contractors performing street repairs and maintenance and oversight
requirement.
Responsible Position
Public Works Director
Work Actions
i. Develop and implement pollution prevention measures that will reduce
discharge of pollutants from operations and maintenance at the Town owned
property
ii. Develop and implement pollution preventions measures and oversight for street
repairs and maintenance performed by contractors.
iii. Maintain field logs from inspections performed and sources of pollutants identified.
Annual Reporting Documentation
Developed plan to reduce possible pollutants during street repairs and maintenance
Document Retention
Written field logs of inspections for operations on Town owned property
Written field logs of inspections for operations during street repairs and maintenance
Action Item with Measurable Goals and Schedule
i. Year 1 and 2 Identify possible sources of pollutants from operations at
Town owned property (BMP 5.1).
ii. Year 3 Develop the plan to reduce pollutants from Town hall/fire station operation
and street repair/maintenance
iii. Year 4 and 5 – Implement the developed plan to reduce pollutants from Town
hall station operation, Public Works Yard and park and street maintenance
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 40
BMP
#3
MINIMUM CONTROL MEASURE NO. 5
Pollution Prevention and Good Housekeeping
Town Staff and Contractor Training the Developed Plan to Reduce
Possible Pollutants from Operations and Maintenance procedures at
the Town Owned Properties and Street Maintenance
Activity
Train Town Staff and Contractors the developed plan and implementation procedures to reduce
pollutants from operation and maintenance procedures and street maintenance.
Objective
Train staff and contractors to reduce possible pollution during operation and maintenance
procedures
Responsible Position
Public Works Director
Work Actions
i. Train the Public Works Director and Town Staff the procedure for detecting
possible pollutants and how to enforce the developed plan for reducing possible
pollutants from operations at the Town hall and Public Works Yard properties and
street maintenance.
ii. Train contractors the developed plan to reduce possible pollutants during street
repairs and maintenance.
Annual Reporting Documentation
Written Logs of training provided to Town staff and contractors
Document Retention
Written logs of training provided to contractors and dates the training was provided.
Action Items with Measurable Goals and Schedules
i. Year 1 and 2 – Identify possible sources of pollutants (BMP 5.1).
ii. Year 3 Develop and implement a plan to target sources of pollutants from Town
hall, Public Works operation and street repair/maintenance (BMP 5.2)
iii. Year 4 through 5 - Conduct training to Town staff and contractors based on the
developed plan from BMP 5.2
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 41
BMP
#4
MINIMUM CONTROL MEASURE NO. 5
Pollution Prevention and Good Housekeeping
Written Policy, Procedures, and Schedule for Periodic Inspection and
Maintenance Of Stormwater System
Activity
Implement policy, procedures, and schedule for annual maintenance of stormwater system
including cleaning and disposal of floatables and debris.
Objective
Implement the written policy for maintenance procedures for Hickory Creek’s stormwater
system.
Responsible Position
Public Works Director
Work Actions
i. Research existing stormwater system regarding potential cleaning and maintenance
requirements; and
ii. Implement and revise as necessary the policy, procedures, and schedule for system
maintenance including proper disposal of waste removed from MS4.
Annual Reporting Documentation
Discussion of any stormwater system research; discussion of any revisions to policy,
procedures, and schedule for system maintenance.
Document Retention
Written documentation of system research and maintenance procedures and schedule creation;
documentation of any relevant correspondence.
Action Item with Measurable Goals and Schedule
Year 1- No Action
Year 2 through 4- Review policy, procedures, and schedule, including proper disposal of
waste as defined in the General Permit, for storm sewer maintenance.
Year 5- Begin annual inspections and maintenance according to developed schedule.
Continue inspections according to schedule until end of permit term.
til end of permit term.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 37
4.0 REFERENCES
Texas Commission on Environmental Quality, TPDES General Permit No. TXR040000, General
Permit to Discharge Under the Texas Pollutant Discharge Elimination System, May 2007.
North Central Texas Council of Governments, Stormwater Management Program Webpage,
http://www.nctcog.org/envir/SEEclean/Stormwater/index.asp.
United States Environmental Protection Agency, National Pollutant Discharge Elimination
System Stormwater Website, http://cfpub.epa.gov/npdes/home.cfm?program_id=6
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 38
5.0 DEFINITIONS
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 runoff, spills or leaks, waste disposal, or drainage
from raw material storage areas.
Clean Water Act (CWA) - The Federal Water Pollution Control Act or Federal Water Pollution
Control Act Amendments of 1972, Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576,
Pub. L. 96-483 and Pub. L. 97-117, 33 U.S.C. 1251 et. seq.
Discharge - When used without a qualifier, refers to the discharge of stormwater runoff or
certain non-stormwater discharges as allowed under the authorization of this general permit.
Illicit Connection - Any man-made conveyance connecting an illicit discharge directly to a
municipal separate storm sewer.
Illicit Discharge - Any discharge to a municipal separate storm sewer that is not entirely
composed of stormwater, except discharges pursuant to this general permit or a separate
authorization and discharges resulting from emergency fire fighting activities.
Maximum Extent Practicable (MEP) - The technology-based discharge standard for municipal
separate storm sewer systems to reduce pollutants in stormwater discharges that was
established by CWA § 402(p). A discussion of MEP as it applies to small MS4s is found at 40
CFR § 122.34.
MS4 Operator - The public entity, and/ or the entity contracted by the public entity, responsible
for management and operation of the municipal separate storm sewer system that is subject to
the terms of this general permit.
Notice of Change (NOC) - Written notification from the permittee to the executive director
providing changes to information that was previously provided to the agency in a notice of
intent.
Notice of Intent (NOI) - A written submission to the executive director from an applicant
requesting coverage under the general permit.
Notice of Termination (NOT) - A written submission to the executive director from a permittee
authorized under a general permit requesting termination of coverage under this general permit.
Outfall - A point source at the point where a municipal separate storm sewer 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 waters of the U.S. and are used to convey waters of the U.S.
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 39
Permittee - The MS4 operator authorized under the general permit.
Permitting Authority - For the purposes of the general permit, the TCEQ.
Point Source - (from 40 CFR § 122.22) any discernible, confined, and discrete conveyance,
including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, 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(s) of Concern - Include biochemical oxygen demand (BOD), sediment or a
parameter that addresses sediment (such as total suspended solids, turbidity or siltation),
pathogens, oil and grease, and any pollutant that has been identified as a cause of impairment
of any water body that will receive a discharge from an MS4. (Definition from 40 CFR §
122.32(e)(3)).
Redevelopment - Alterations of a property that changes the “footprint” of a site or building in
such a way that there is a disturbance of equal to or greater than one (1) acre of land. This term
does not include such activities as exterior remodeling.
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 capaTown, and original purpose of a
ditch, channel, or other similar stormwater conveyance. Small construction activity does not
include the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine
clearing of existing right-of-ways, and similar maintenance activities.
Small Municipal Separate Storm Sewer System (MS4) - A conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains): (i) Owned or operated by the United
States, a state, Town, town, borough, county, district, association, or other public body (created
by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes,
stormwater, or other wastes, including special districts under State law such as a sewer district,
flood control district or drainage district, or similar entity, or an Indian tribe or an authorized
Indian tribal organization, or a designated and approved management agency under § 208 of
the CWA; (ii) Designed or used for collecting or conveying stormwater; (iii) Which is not a
combined sewer; (iv) Which is not part of a publicly owned treatment works (POTW) as defined
at 40 CFR § 122.2; (v) Which was not previously authorized under a NPDES or TPDES
individual permit as a medium or large municipal separate storm sewer system; and (vi) Which
does not include very discrete systems such as those serving individual buildings. For the
purpose of this permit, a very discreet system includes storm drains associated with municipal
office and education complexes, where the complexes serve a transient (nonresidential)
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 40
population, and where the buildings are not physically interconnected to an MS4 that is also
operated by that public entity.
Stormwater - Stormwater runoff, snow melt runoff, and surface runoff and drainage.
Stormwater Associated with Construction Activity - Stormwater runoff from an area where
there is either a large construction activity or a small construction activity.
Stormwater Management Program (SWMP) - A comprehensive program to manage the
quality of discharges from the municipal separate storm sewer system.
Structural Control (or Practice) - A pollution prevention practice that requires the construction
of a device, or the use of a device, to capture or prevent pollution in stormwater runoff.
Structural controls and practices may include but are not limited to: wet ponds, bioretention,
infiltration basins, stormwater wetlands, 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 non-navigable, 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.
Urbanized Area (UA) - An area of high population density that may include multiple MS4s as
defined and used by the U.S. Census Bureau in the 2000 decennial census.
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
TPDES Phase II MS4 General Permit
Stormwater Management Program
Town of Hickory Creek, Texas
June 2014 Page 41
(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.
Page 42
Appendix A
TPDES General Permit TXR 040000
Small MS4 General Permit TPDES General Permit TXR040000
Page 2
TCEQ GENERAL PERMIT NUMBER TXR040000
RELATING TO DISCHARGES FROM
SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS
Table of Contents
Part I. Definitions ................................................................................................................... 5
Part II. Permit Applicability and Coverage ............................................................................ 11
Section A. Small MS4s Eligible for Authorization under this General Permit ................ 11
1. Small MS4s Located in an Urbanized Area ............................................................... 11
2. Designated Small MS4s ............................................................................................. 11
3. Operators of Previously Permitted Small MS4s ........................................................ 11
4. Regulated Portion of Small MS4 .............................................................................. 12
5. Categories of Regulated Small MS4s ........................................................................ 12
Section B. Available Waivers from Coverage .................................................................. 12
1. Waiver Option 1: ....................................................................................................... 13
2. Waiver Option 2: ....................................................................................................... 13
Section C. Allowable Non-Stormwater Discharges ......................................................... 14
Section D. Limitations on Permit Coverage .................................................................... 15
1. Discharges Authorized by Another TPDES Permit .................................................. 15
2. Discharges of Stormwater Mixed with Non-Stormwater ......................................... 15
3. Compliance with Water Quality Standards .............................................................. 15
4. Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements .. 15
5. Discharges to the Edwards Aquifer Recharge Zone ................................................. 19
6. Discharges to Specific Watersheds and Water Quality Areas ..................................20
7. Protection of Streams and Watersheds by Home Rule Municipalities ....................20
8. Indian Country Lands ...............................................................................................20
9. Endangered Species Act ............................................................................................20
10. Other ......................................................................................................................... 21
Section E. Obtaining Authorization ................................................................................ 21
1. Application for Coverage .......................................................................................... 21
2. Late Submission of the NOI and SWMP .................................................................. 22
3. Stormwater Management Program (SWMP) ........................................................... 22
4. Contents of the NOI .................................................................................................. 23
5. Notice of Change (NOC) ........................................................................................... 24
6. Change in Operational Control of a Small MS4 ........................................................ 24
Small MS4 General Permit TPDES General Permit TXR040000
Page 3
7. Notice of Termination (NOT) ................................................................................... 24
8. Signatory Requirement for NOI, NOT, NOC, and Waiver Forms ............................ 24
9. Fees ........................................................................................................................... 24
10. Permit Expiration ..................................................................................................... 25
11. Suspension of Permit Coverage ................................................................................ 25
12. Public Notice Process for NOI submittal .................................................................. 25
Section F. Permitting Options ......................................................................................... 27
1. Authorization Under the General Permit ................................................................. 27
2. Alternative Coverage under an Individual TPDES Permit ....................................... 27
Part III. Stormwater Management Program (SWMP) ............................................................ 28
Section A. Developing a Stormwater Management Program (SWMP) ...........................28
1. SWMP Development and Schedule .......................................................................... 28
2. Content of the SWMP ............................................................................................... 28
3. Legal Authority ......................................................................................................... 29
4. Resources ..................................................................................................................30
5. Effluent Limitations ..................................................................................................30
6. Enforcement Measures .............................................................................................30
Section B. Minimum Control Measures ......................................................................... 30
1. Public Education, Outreach, and Involvement ......................................................... 31
2. Illicit Discharge Detection and Elimination (IDDE) ................................................ 32
3. Construction Site Stormwater Runoff Control ......................................................... 35
4. Post-Construction Stormwater Management in New Development and
Redevelopment ......................................................................................................... 38
5. Pollution Prevention and Good Housekeeping for Municipal Operations ............. 40
6. Industrial Stormwater Sources ................................................................................ 45
7. Authorization for Construction Activities where the Small MS4 is the Site
Operator .................................................................................................................... 46
Section C. General Requirements ................................................................................... 47
Part IV. Recordkeeping and Reporting .................................................................................. 47
Section A. Recordkeeping................................................................................................ 47
Section B. Reporting ........................................................................................................ 47
1. General Reporting Requirements ............................................................................. 47
2. Annual Report ........................................................................................................... 48
Part V. Standard Permit Conditions ..................................................................................... 49
Small MS4 General Permit TPDES General Permit TXR040000
Page 4
Part VI. Authorization for Municipal Construction Activities Applicable only if the 7th
Optional MCM is selected ......................................................................................... 51
Section A. Eligible Construction Sites ............................................................................. 51
Section B. Discharges Eligible for Authorization ............................................................ 51
1. Stormwater Associated with Construction Activity .................................................. 51
2. Discharges of Stormwater Associated with Construction Support Activities .......... 51
3. Non-Stormwater Discharges .................................................................................... 52
4. Other Permitted Discharges ..................................................................................... 52
Section C. Limitations on Permit Coverage .................................................................... 53
Section D. Stormwater Pollution Prevention Plan (SWP3) Requirements ..................... 53
Section E. Stormwater Runoff from Concrete Batch Plants ........................................... 53
1. Benchmark Sampling Requirements ........................................................................ 53
2. BMPs and SWP3 Requirements ............................................................................... 55
3. Prohibition of Wastewater Discharges ..................................................................... 57
4. Concrete Truck Wash Out Requirements ................................................................. 58
Section F. Effective Date of Coverage ............................................................................. 58
Section G. Deadlines for SWP3 Preparation and Compliance ........................................ 58
Section H. Plan Review and Making Plans Available ...................................................... 59
Section I. Keeping Plans Current ................................................................................... 59
Section J. Contents of SWP3 .......................................................................................... 59
1. Site Description ......................................................................................................... 59
2. Structural and non-structural controls .................................................................... 60
3. Stabilization Practices .............................................................................................. 60
4. Structural Control Practices ..................................................................................... 61
5. Permanent Stormwater Controls .............................................................................. 62
6. Other Controls .......................................................................................................... 62
7. Effluent Limits .......................................................................................................... 62
8. Approved State and Local Plans ............................................................................... 62
9. Maintenance ............................................................................................................. 62
10. Inspections of Controls ............................................................................................. 63
11. Pollution Prevention Measures................................................................................. 64
Section K. Additional Retention of Records .................................................................... 64
Small MS4 General Permit TPDES General Permit TXR040000 Part I
Page 5
Part I. Definitions
Arid Areas - Areas with an average annual rainfall of less than ten (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 runoff, spills or leaks, waste disposal, or drainage
from raw material storage areas.
Catch basins - Storm drain inlets and curb inlets to the storm drain system. Catch basins
typically include a grate or curb inlet that may accumulate sediment, debris, and other
pollutants.
Classified Segment - A water body that is listed and described in Appendix A or Appendix C
of the Texas Surface Water Quality Standards, at 30 Texas Administrative Code (TAC) § 307.10.
Clean Water Act (CWA) - The Federal Water Pollution Control Act or Federal Water
Pollution Control Act Amendments of 1972, Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L.
95-576, Pub. L. 96-483 and Pub. L. 97-117, 33 U.S.C. 1251 et. seq.
Common Plan of Development or Sale - A construction activity that is completed in
separate stages, separate phases, or in combination with other construction activities. 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.
Construction Activity - Soil disturbance, including clearing, grading, and excavating; and not
including 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.
Small Construction Activity is construction activity that results 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.
Large Construction Activity is construction activity that results 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.
Construction Site Operator - The entity or entities associated with a small or large
construction project that meet(s) either of the following two criteria:
(a) The entity or entities that have operational control over construction plans and
specifications (including approval of revisions) to the extent necessary to meet the
requirements and conditions of this general permit; or
(b) The entity or entities that have day-to-day operational control of those activities at a
construction site that are necessary to ensure compliance with a stormwater pollution
Small MS4 General Permit TPDES General Permit TXR040000 Part I
Page 6
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).
Control Measure - Any BMP or other method used to prevent or reduce the discharge of
pollutants to water in the state.
Conveyance - Curbs, gutters, man-made channels and ditches, drains, pipes, and other
constructed features designed or used for flood control or to otherwise transport stormwater
runoff.
Discharge When used without a qualifier, refers to the discharge of stormwater runoff or
certain non-stormwater discharges as allowed under the authorization of this general permit.
Edwards Aquifer - As defined in 30 TAC §213.3 (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 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 TCEQ or the TCEQ website.
Final Stabilization - A construction site where any of the following conditions are met:
(a) All soil disturbing activities at the site have been completed and a uniform (for
example, evenly distributed, without large bare areas) perennial vegetative cover with a
density of 70 percent 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.
(c) For construction activities on land used for agricultural purposes (for example
pipelines across crop or range land), final stabilization may be accomplished by
returning the disturbed land to its preconstruction agricultural use. Areas disturbed
that were not previously used for agricultural activities, such as buffer strips
immediately adjacent to a surface water and areas which are not being returned to their
preconstruction agricultural use must meet the final stabilization conditions of
condition (a) above.
Small MS4 General Permit TPDES General Permit TXR040000 Part I
Page 7
(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 (e.g., 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 percent vegetative coverage within three years.
General Permit - A permit issued to authorize the discharge of waste into or adjacent to water
in the state for one or more categories of waste discharge within a geographical area of the state
or the entire state as provided by Texas Water Code (TWC) §26.040.
Groundwater Infiltration - For the purposes of this permit, groundwater that enters a
municipal separate storm sewer system (including sewer service connections and foundation
drains) through such means as defective pipes, pipe joints, connections, or manholes.
High Priority Facilities - High priority facilities are facilities with a high potential to generate
stormwater pollutants. These facilities must include, at a minimum, the MS4 operator’s
maintenance yards, hazardous waste facilities, fuel storage locations, and other facilities where
chemicals or other materials have a high potential to be discharged in stormwater. Among the
factors that must be considered when giving a facility a high priority ranking are: the amount of
urban pollutants stored at the site, the identification of improperly stored materials, activities
that must not be performed outside (for example, changing automotive fluids, vehicle washing),
proximity to waterbodies, proximity to sensitive aquifer recharge features, poor housekeeping
practices, and discharge of pollutant(s) of concern to impaired water(s).
Hyperchlorinated Water Water resulting from hyperchlorination of waterlines or vessels,
with a chlorine concentration greater than 10 milligrams per liter (mg/L).
Illicit Connection - Any man-made conveyance connecting an illicit discharge directly to a
municipal separate storm sewer.
Illicit Discharge - Any discharge to a municipal separate storm sewer that is not entirely
composed of stormwater, except discharges pursuant to this general permit or a separate
authorization and discharges resulting from emergency fire fighting activities.
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 - Defined in 18 USC § 1151 as: (a) All land within the limits of any Indian
reservation under the jurisdiction of the United States (U.S.) Government, notwithstanding the
issuance of any patent, and including rights-of-way running through the reservation; (b) All
dependent Indian communities within the borders of the U.S. whether within the original or
subsequently acquired territory thereof, and whether within or without the limits of a state; and
(c) All Indian allotments, the Indian titles to which have not been extinguished, including rights-
of-way running through the same. This definition includes all land held in trust for an Indian
tribe.
Indicator Pollutant - An easily measured pollutant, that may or may not impact water quality
that indicates the presence of other stormwater pollutants.
Small MS4 General Permit TPDES General Permit TXR040000 Part I
Page 8
Industrial Activity - Any of the ten (10) categories of industrial activities included in the
definition of “stormwater discharges associated with industrial activity” as defined in 40 Code of
Federal Regulations (CFR) §122.26(b)(14)(i)-(ix) and (xi).
Maximum Extent Practicable (MEP) - The technology-based discharge standard for
municipal separate storm sewer systems (MS4s) to reduce pollutants in stormwater discharges
that was established by the CWA § 402(p). A discussion of MEP as it applies to small MS4s is
found in 40 CFR § 122.34.
MS4 Operator - For the purpose of this permit, the public entity or the entity contracted by
the public entity, responsible for management and operation of the small municipal separate
storm sewer system that is subject to the terms of this general permit.
Municipal Separate Storm Sewer System (MS4) - A conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains):
(a) Owned or operated by the U.S., a state, city, town, borough, county, parish, 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 district or drainage
district, or similar entity, or an Indian tribe or an authorized Indian tribal organization,
or a designated and approved management agency under the CWA §208 that discharges
to surface water in the state;
(b) That is designed or used for collecting or conveying stormwater;
(c) That is not a combined sewer; and
(d) That is not part of a publicly owned treatment works (POTW) as defined in 40 CFR
§122.2.
Non-traditional Small MS4 - A small MS4 that often cannot pass ordinances and may not
have the enforcement authority like a traditional small MS4 would have to enforce the
stormwater management program. Examples of non-traditional small MS4s include counties,
transportation authorities (including the Texas Department of Transportation), municipal utility
districts, drainage districts, military bases, prisons and universities.
Notice of Change (NOC) - A written notification from the permittee to the executive director
providing changes to information that was previously provided to the agency in a notice of
intent.
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
permittee authorized under a general permit requesting termination of coverage under this
general permit.
Outfall - A point source at the point where a small MS4 discharges to waters of the U.S. 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 waters of the
U.S. and are used to convey waters of the U.S. For the purpose of this permit, sheet flow leaving
a linear transportation system without channelization is not considered an outfall. Point sources
such as curb cuts; traffic or right-or-way barriers with drainage slots that drain into open
culverts, open swales or an adjacent property, or otherwise not actually discharging into waters
of the U.S. are not considered an outfall.
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Permittee - The MS4 operator authorized under this general permit.
Point Source - (from 40 CFR § 122.22) 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(s) of Concern For the purpose of this permit, includes biochemical oxygen
demand (BOD), sediment or a parameter that addresses sediment (such as total suspended
solids (TSS), turbidity or siltation), pathogens, oil and grease, and any pollutant that has been
identified as a cause of impairment of any water body that will receive a discharge from an MS4.
(Definition from 40 CFR § 122.32(e)(3)).
Redevelopment - Alterations of a property that changed the ”footprint” of a site or building in
such a way that there is a disturbance of equal to or greater than one (1) acre of land. This term
does not include such activities as exterior remodeling, routine maintenance activities, and
linear utility installation.
Semiarid Areas - Areas with an average annual rainfall of at least ten (10) inches, but less
than 20 inches.
Small Municipal Separate Storm Sewer System (MS4) A conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains):
(a) Owned or operated by the U.S., a state, city, town, borough, county, district,
association, or other public body (created by or pursuant to State law) having
jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes,
including special districts under state law such as a sewer district, flood control district
or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal
organization, or a designated and approved management agency under CWA § 208;
(b) Designed or used for collecting or conveying stormwater;
(c) Which is not a combined sewer;
(d) Which is not part of a publicly owned treatment works (POTW) as defined in 40 CFR §
122.2; and
(e) Which was not previously regulated under a National Pollutant Discharge Elimination
System (NPDES) or a Texas Pollutant Discharge Elimination System (TPDES)
individual permit as a medium or large municipal separate storm sewer system, as
defined in 40 CFR §§122.26(b)(4) and (b)(7).
This term includes systems similar to separate storm sewer systems at military bases, large
hospitals or prison complexes, and highways and other thoroughfares. This term does not
include separate storm sewers in very discrete areas, such as individual buildings. For the
purpose of this permit, a very discrete system also includes storm drains associated with certain
municipal offices and education facilities serving a nonresidential population, where those
storm drains do not function as a system, and where the buildings are not physically
interconnected to a small MS4 that is also operated by that public entity.
Stormwater and Stormwater Runoff - Rainfall runoff, snow melt runoff, and surface
runoff and drainage.
Stormwater Associated with Construction Activity - Stormwater runoff from an area
where there is either a large construction or a small construction activity.
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Stormwater Management Program (SWMP) - A comprehensive program to manage the
quality of discharges from the municipal separate storm sewer system.
Structural Control (or Practice) - A pollution prevention practice that requires the
construction of a device, or the use of a device, to capture or prevent pollution in stormwater
runoff. Structural controls and practices may include but are not limited to: wet ponds,
bioretention, infiltration basins, stormwater wetlands, silt fences, earthen dikes, drainage
swales, vegetative lined ditches, vegetative filter strips, 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.
Total Maximum Daily Load (TMDL) - The total amount of a substance that a water body
can assimilate and still meet the Texas Surface Water Quality Standards.
Traditional Small MS4 - A small MS4 that can pass ordinances and have the enforcement
authority to enforce the stormwater management program. An example of traditional MS4s
includes cities.
Urbanized Area (UA) - An area of high population density that may include multiple small
MS4s as defined and used by the U.S. Census Bureau in the 2000 and the 2010 Decennial
census.
Waters of the United States - (According to 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;
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section A
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(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 the 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
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 the CWA jurisdiction remains with the EPA.
Part II. Permit Applicability and Coverage
This general permit provides authorization for stormwater and certain non-stormwater
discharges from small municipal separate storm sewer systems (MS4) to surface water in the
state. The general permit contains requirements applicable to all small MS4s that are eligible
for coverage under this general permit.
Section A. Small MS4s Eligible for Authorization under this General Permit
Discharges from a small MS4 must be authorized if any of the following criteria are met and
may be authorized under this general permit if coverage is not otherwise prohibited.
1. Small MS4s Located in an Urbanized Area
Operators of small MS4s that are fully or partially located within an urbanized area (UA), as
determined by the 2000 or 2010 Decennial Census by the U.S. Bureau of Census, must
obtain authorization for the discharge of stormwater runoff and are eligible for coverage
under this general permit unless otherwise prohibited.
2. Designated Small MS4s
A small MS4 that is outside an urbanized area that is designated by TCEQ based on
evaluation criteria as required by 40 CFR § 122.32(a)(2) or 40 CFR § 122.26(a)(1)(v) and
adopted by reference in Title 30, TAC § 281.25, is eligible for coverage under this general
permit. Following designation, operators of small MS4s must obtain authorization under
this general permit or apply for coverage under an individual TPDES stormwater permit
within 180 days of notification of their designation.
3. Operators of Previously Permitted Small MS4s
Operators of small MS4s that were covered under the previous TPDES general permit for
small MS4s (TXR040000, Issued and Effective on August 13, 2007) must reapply for permit
coverage, or must obtain a waiver if applicable (see Part II.B, related to Obtaining a Waiver.)
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section B
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4. Regulated Portion of Small MS4
The portion of the small MS4 that is required to meet the conditions of this general permit
are those portions that are located within the UA as defined and used by the U.S. Census
Bureau in the 2000 or 2010 census, as well as any portion of the small MS4 that is
designated by TCEQ.
For the purpose of this permit, the regulated portion of a small MS4 for a transportation
entity is the land owned by the permittee within the UA which functions as, or is integral to
a transportation system with drainage conveyance. Non-contiguous property that does not
drain into the transportation drainage system is not subject to this general permit.
5. Categories of Regulated Small MS4s
This permit defines MS4 operators by the following categories, or levels, based on the
population served within the 2010 UA. The level of a small MS4 may change during the
permit term based on the MS4 operator acquiring or giving up regulated area, such as by
annexing land or if land is annexed away. However, the level of a small MS4 will not change
during the permit term based on population fluctuation.
(a) Level 1: Operators of traditional small MS4s that serve a population of less than 10,000
within a UA;
(b) Level 2: Operators of traditional small MS4s that serve a population of at least 10,000
but less than 40,000 within a UA. This category also includes all non-traditional small
MS4s such as counties, drainage districts, transportation entities, military bases,
universities, colleges, correctional institutions, municipal utility districts and other
special districts regardless of population served within the UA, unless the non-
traditional MS4 can demonstrate that it meets the criteria for a waiver from permit
coverage based on the population served;
(c) Level 3: Operators of traditional small MS4s that serve a population of at least 40,000
but less than 100,000 within a UA;
(d) Level 4: Operators of traditional small MS4s that serve a population of 100,000 or
more within a UA.
For the purpose of this section serve a population” means the residential population within
the regulated portion of the small MS4 based on the 2010 census, except for non-traditional
small MS4s listed in (b) above.
Section B. Available Waivers from Coverage
The TCEQ may waive permitting requirements for small regulated MS4 operators if the
criteria are met for Waiver Option 1 or 2 below. To obtain Waiver Option 1, the MS4
operator must submit the request on a waiver form provided by the executive director. To
obtain Waiver Option 2, the MS4 operator must contact the executive director and
coordinate the activities required to meet the waiver conditions. A provisional waiver from
permitting requirements begins 30 days after an administratively complete waiver form is
postmarked for delivery to the TCEQ. Following review of the waiver form, the executive
director may:(1) Determine that the waiver form is technically complete and approve the
waiver by providing a notification and a waiver number; (2) Determine that the waiver form
is incomplete and deny the waiver until a completed waiver form is submitted; or (3) Deny
the waiver and require that permit coverage be obtained.
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If the conditions of a waiver are not met by the MS4 operator, then the MS4 operator must
submit an application for coverage under this general permit or a separate TPDES permit
application.
At any time the TCEQ may require a previously waived MS4 operator to comply with this
general permit or another TPDES permit if circumstances change so that the conditions of
the waiver are no longer met. Changed circumstances can also allow a regulated MS4
operator to request a waiver at any time.
At any time the TCEQ can request to review any waivers granted to MS4 operators to
determine whether any of the information required for granting the waiver has changed. At
a minimum TCEQ will review all waivers when MS4 operators submit their renewal waiver
applications.
For the purpose of obtaining a waiver, the population served refers to the residential
population for traditional small MS4s and for certain non-traditional small MS4s with a
residential population (such as counties and municipal utility districts). For other non-
traditional small MS4s, the population served refers to the number of people using the small
MS4 on an average operational day.
1. Waiver Option 1:
The small MS4 serves a population of less than 1,000 within a UA and meets the following
criteria:
(a) The small MS4 is not contributing substantially to the pollutant loadings of a physically
interconnected MS4 that is regulated by the NPDES / TPDES stormwater program (40
CFR § 122.32(d)); and
(b) If the small MS4 discharges any pollutant(s) that have been identified as a cause of
impairment of any water body to which the small MS4 discharges, stormwater controls
are not needed based on wasteload allocations that are part of an EPA approved or
established TMDL that addresses the pollutant(s) of concern.
2. Waiver Option 2:
The small MS4 serves a population under 10,000 within a UA and meets the following
criteria:
(a) The TCEQ has evaluated all waters of the U.S., including small streams, tributaries,
lakes, and ponds, that receive a discharge from the small MS4;
(b) For all such waters, the TCEQ has determined that stormwater controls are not needed
based on wasteload allocations that are part of an approved or established TMDL that
addresses the pollutant(s) of concern or, if a TMDL has not been developed or
approved, an equivalent analysis that determines sources and allocations for the
pollutant(s) of concern; and
(c) The TCEQ has determined that future discharges from the small MS4 do not have the
potential to exceed Texas surface water quality standards, including impairment of
designated uses, or other significant water quality impacts, including habitat and
biological impacts.
(d) For the purpose of this paragraph (2.), the pollutant(s) of concern include biochemical
oxygen demand (BOD), sediment or a parameter that addresses sediment (such as total
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section C
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suspended solids, turbidity or siltation), pathogens, oil and grease, and any pollutant
that has been identified as a cause of impairment of any water body that will receive a
discharge from the small MS4.
Section C. Allowable Non-Stormwater Discharges
The following non-stormwater sources may be discharged from the small MS4 and are not
required to be addressed in the small MS4's Illicit Discharge and Detection or other
minimum control measures, unless they are determined by the permittee or the TCEQ to be
significant contributors of pollutants to the small MS4, or they are otherwise prohibited by
the MS4 operator:
1. Water line flushing (excluding discharges of hyperchlorinated water, unless the water is
first dechlorinated and discharges are not expected to adversely affect aquatic life);
2. Runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation
utilizing potable water, groundwater, or surface water sources;
3. Discharges from potable water sources that do not violate Texas Surface Water Quality
Standards;
4. Diverted stream flows;
5. Rising ground waters and springs;
6. Uncontaminated ground water infiltration;
7. Uncontaminated pumped ground water;
8. Foundation and footing drains;
9. Air conditioning condensation;
10. Water from crawl space pumps;
11. Individual residential vehicle washing;
12. Flows from wetlands and riparian habitats;
13. Dechlorinated swimming pool discharges that do not violate Texas Surface Water
Quality Standards;
14. Street wash water excluding street sweeper waste water;
15. Discharges or flows from emergency fire fighting activities (fire fighting activities do
not include washing of trucks, run-off water from training activities, test water from
fire suppression systems, and similar activities);
16. Other allowable non-stormwater discharges listed in 40 CFR § 122.26(d)(2)(iv)(B)(1);
17. Non-stormwater discharges that are specifically listed in the TPDES Multi Sector
General Permit (MSGP) TXR050000 or the TPDES Construction General Permit
(CGP) TXR150000;
18. Discharges that are authorized by a TPDES or NPDES permit or that are not required
to be permitted; and
19. Other similar occasional incidental non-stormwater discharges such as spray park
water, unless the TCEQ develops permits or regulations addressing these discharges.
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D
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Section D. Limitations on Permit Coverage
1. Discharges Authorized by Another TPDES Permit
Discharges authorized by an individual or other general TPDES permit may be authorized
under this TPDES general permit only if the following conditions are met:
(a) The discharges meet the applicability and eligibility requirements for coverage under
this general permit;
(b) A previous application or permit for the discharges has not been denied, terminated, or
revoked by the executive director as a result of enforcement or water quality related
concerns. The executive director may provide a waiver to this provision based on new
circumstances at the regulated small MS4; and
(c) The executive director has not determined that continued coverage under an individual
permit is required based on consideration of an approved total maximum daily loading
(TMDL) model and implementation plan, anti-backsliding policy, history of
substantive non-compliance or other 30 TAC Chapter 205 considerations and
requirements, or other site-specific considerations.
2. Discharges of Stormwater Mixed with Non-Stormwater
Stormwater discharges that combine with sources of non-stormwater are not eligible for
coverage by this general permit, unless either the non-stormwater source is described in
Part II.C of this general permit or the non-stormwater source is authorized under a separate
TPDES permit.
3. Compliance with Water Quality Standards
Discharges to surface water in the state that would cause, has 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
except as described in Part II.D.4 below. The executive director may require an application
for an individual permit or alternative general permit to authorize discharges to surface
water in the state if the executive director determines that an activity will cause has the
reasonable potential to cause, or contribute to, a violation of water quality standards or is
found to cause, have the reasonable potential to cause, or contribute to the impairment of a
designated use of surface water in the state. The executive director may also require an
application for an individual permit based on factors described in Part II.F.2.
4. Impaired Water Bodies and Total Maximum Daily Load (TMDL)
Requirements
Discharges of the pollutant(s) of concern to impaired water bodies for which there is a
TCEQ and EPA approved total maximum daily load (TMDL) are not eligible for this general
permit unless they are consistent with the approved TMDL. A water body is impaired for
purposes of the permit if it has been identified, pursuant to the latest TCEQ and EPA
approved CWA §303(d) list, as not meeting Texas Surface Water Quality Standards.
The permittee shall control the discharges of pollutant(s) of concern to impaired waters and
waters with approved TMDLs as provided in sections (a) and (b) below, and shall assess the
progress in controlling those pollutants.
(a) Discharges to Water Quality Impaired Water Bodies with an Approved TMDL
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If the small MS4 discharges to an impaired water body with an approved TMDL, where
stormwater has the potential to cause or contribute to the impairment, the permittee
shall include in the SWMP controls targeting the pollutant(s) of concern along with any
additional or modified controls required in the TMDL and this section.
The SWMP and required annual reports must include information on implementing
any targeted controls required to reduce the pollutant(s) of concern as described below:
(1) Targeted Controls
The SWMP must include a detailed description of all targeted controls to be
implemented, such as identifying areas of focused effort or implementing
additional Best Management Practices (BMPs) to reduce the pollutant(s) of
concern in the impaired waters.
(2) Measurable Goals
For each targeted control, the SWMP must include a measurable goal and an
implementation schedule describing BMPs to be implemented during each year of
the permit term.
(3) Identification of Benchmarks
The SWMP must identify a benchmark for the pollutant(s) of concern.
Benchmarks are designed to assist in determining if the BMPs established are
effective in addressing the pollutant(s) of concern in stormwater discharge(s) from
the MS4 to the maximum extent practicable (MEP). The BMPs addressing the
pollutant of concern must be re-evaluated on an annual basis for progress towards
the benchmarks and modified as necessary within an adaptive management
framework. These benchmarks are not numeric effluent limitations or permit
conditions but intended to be guidelines for evaluating progress towards reducing
pollutant discharges consistent with the benchmarks. The exceedance of a
benchmark is not a permit violation and does not in itself indicate a violation of
instream water quality standards.
The benchmark must be determined based on one of the following options:
a. If the MS4 is subject to a TMDL that identifies a Waste Load Allocation(s)
(WLA) for permitted MS4 stormwater sources, then the SWMP may identify it
as the benchmark. Where an aggregate allocation is used as a benchmark, all
affected MS4 operators are jointly responsible for progress in meeting the
benchmark and shall (jointly or individually) develop a
monitoring/assessment plan as required in Part II.D.4(a)(6).
b. Alternatively, if multiple small MS4s are discharging into the same impaired
water body with an approved TMDL, with an aggregate WLA for all permitted
stormwater MS4s, then the MS4s may combine or share efforts to determine
an alternative sub-benchmark for the pollutant(s) of concern (e.g., bacteria)
for their respective MS4. The SWMP must clearly define this alternative
approach and must describe how the sub-benchmark would cumulatively
support the aggregate WLA. Where an aggregate benchmark has been broken
into sub-benchmarks for individual MS4s, each permittee is only responsible
for progress in meeting its sub-benchmark.
(4) Annual Report
The annual report must include an analysis of how the selected BMPs will be
effective in contributing to achieving the benchmark.
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(5) Impairment for Bacteria
If the pollutant of concern is bacteria, the permittee shall include focused BMPs
addressing the below areas, as applicable, in the SWMP and implement as
appropriate. If a TMDL Implementation Plan (I-Plan) is available, the permittee
may refer to the I-Plan for appropriate BMPs. The SWMP and annual report must
include the selected BMPs. Permitees may not exclude BMPs associated with the
minimum control measures required under 40 CFR §122.34 from their list of
proposed BMPs. Proposed BMPs will be reviewed by the executive director during
the NOI and SWMP review and approval process.
The BMPs shall, as appropriate, address the following:
a. Sanitary Sewer Systems
(i) Make improvements to sanitary sewers to reduce overflows;
(ii) Address lift station inadequacies;
(iii) Improve reporting of overflows; and
(iv) Strengthen sanitary sewer use requirements to reduce blockage from fats,
oils, and grease.
b. On-site Sewage Facilities (for entities with appropriate jurisdiction)
(i) Identify and address failing systems; and
(ii) Address inadequate maintenance of On-Site Sewage Facilities (OSSFs).
c. Illicit Discharges and Dumping
Place additional effort to reduce waste sources of bacteria; for example, from
septic systems, grease traps, and grit traps.
d. Animal Sources
Expand existing management programs to identify and target animal sources
such as zoos, pet waste, and horse stables.
e. Residential Education
Increase focus to educate residents on:
(i) Bacteria discharging from a residential site either during runoff events or
directly;
(ii) Fats, oils, and grease clogging sanitary sewer lines and resulting
overflows;
(iii) Decorative ponds; and
(iv) Pet waste.
(6) Monitoring or Assessment of Progress
The permittee shall monitor or assess progress in achieving benchmarks and
determine the effectiveness of BMPs, and shall include documentation of this
monitoring or assessment in the SWMP and annual reports. In addition, the
SWMP must include methods to be used.
a. The permittee may use either of the following methods to evaluate progress
towards the benchmark and improvements in water quality as follows:
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D
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(i) Evaluating Program Implementation Measures
The permittee may evaluate and report progress towards the benchmark
by describing the activities and BMPs implemented, by identifying the
appropriateness of the identified BMPs, and by evaluating the success of
implementing the measurable goals.
The permittee may assess progress by using program implementation
indicators such as: (1) number of sources identified or eliminated; (2)
decrease in number of illegal dumping; (3) increase in illegal dumping
reporting; (4) number of educational opportunities conducted; (5)
reductions in sanitary sewer flows (SSOs); or, (6) increase in illegal
discharge detection through dry screening, etc.; or
(ii) Assessing Improvements in Water Quality
The permittee may assess improvements in water quality by using
available data for segment and assessment units of water bodies from
other reliable sources, or by proposing and justifying a different approach
such as collecting additional instream or outfall monitoring data, etc. Data
may be acquired from TCEQ, local river authorities, partnerships, and/or
other local efforts as appropriate.
b. Progress towards achieving the benchmark shall be reported in the annual
report. Annual reports shall report the benchmark and the year(s) during the
permit term that the MS4 conducted additional sampling or other assessment
activities.
(7) Observing no Progress Towards the Benchmark
If, by the end of the third year from the effective date of the permit, the permittee
observes no progress toward the benchmark either from program implementation
or water quality assessments as described in Part II.D.4(a)(6), the permittee shall
identify alternative focused BMPs that address new or increased efforts towards
the benchmark or, as appropriate, shall develop a new approach to identify the
most significant sources of the pollutant(s) of concern and shall develop alternative
focused BMPs for those (this may also include information that identifies issues
beyond the MS4’s control). These revised BMPs must be included in the SWMP
and subsequent annual reports.
Where the permittee originally used a benchmark based on an aggregated WLA,
the permittee may combine or share efforts with other MS4s discharging to the
same watershed to determine an alternative sub-benchmark for the pollutant(s) of
concern for their respective MS4s, as described in Part II.D.4(a)(3)(b) above.
Permittees must document, in their SWMP for the next permit term, the proposed
schedule for the development and subsequent adoption of alternative sub
benchmark for the pollutant(s) of concern for their respective MS4s and associated
assessment of progress in meeting those individual benchmarks.
(b) Discharges Directly to Water Quality Impaired Water Bodies without an Approved
TMDL
The permittee shall also determine whether the permitted discharge is directly to one
or more water quality impaired water bodies where a TMDL has not yet been approved
by TCEQ and EPA. If the permittee discharges directly into an impaired water body
without an approved TMDL, the permittee shall perform the following activities:
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D
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(1) Discharging a Pollutant of Concern
a. Within the first year following the permit effective date, the permittee shall
determine whether the small MS4 may be a source of the pollutant(s) of
concern by referring to the CWA §303(d) list and then determining if
discharges from the MS4 would be likely to contain the pollutant(s) of concern
at levels of concern.
b. If the permittee determines that the small MS4 may discharge the pollutant(s)
of concern to an impaired water body without an approved TMDL, the
permittee shall, no later than two years following the permit effective date,
ensure that the SWMP includes focused BMPs, along with corresponding
measurable goals, that the permittee will implement, to reduce, the discharge
of pollutant(s) of concern that contribute to the impairment of the water body.
c. In addition, no later than three years following the permit effective date, the
permittee shall submit an NOC to amend the SWMP to include any additional
BMPs to address the pollutant(s) of concern.
(2) Impairment of Bacteria
Where the impairment is for bacteria, the permittee shall identify potential
significant sources and develop and implement focused BMPs for those sources.
The permittee may implement the BMPs listed in Part II.D.4(a)(5) or proposed
alternative BMPs as appropriate.
(3) The annual report must include information on compliance with this section,
including results of any sampling conducted by the permittee.
5. Discharges to the Edwards Aquifer Recharge Zone
Discharges of stormwater from regulated small MS4s, and other non-stormwater
discharges, are not authorized by this general permit where those discharges are prohibited
by 30 TAC Chapter 213 (Edwards Aquifer Rule). New discharges located within the
Edwards Aquifer Recharge Zone, or within that area upstream from the recharge zone and
defined as the Contributing Zone, must meet all applicable requirements of, and operate
according to, 30 TAC Chapter 213 (Edwards Aquifer Rule) in addition to the provisions and
requirements of this general permit.
For existing discharges, the requirements of the agency-approved Water Pollution
Abatement Plan (WPAP) under the Edwards Aquifer Rule are 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 effluent limitation requirements found in Part VI.D. of this
general permit.
The permittee’s agency-approved WPAPs that are required by the Edwards Aquifer Rule
must be referenced in the SWMP. Additional agency-approved WPAPs received after the
SWMP submittal must be recorded in the annual report for each respective permit year. For
discharges originating from the small MS4 permitted area, and located on or within ten
stream miles upstream of the Edwards Aquifer recharge zone, applicants must also submit a
copy of the MS4 NOI to the appropriate TCEQ regional office with each WPAP application
submitted to TCEQ on or after August 13, 2012.
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D
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Counties: Comal, Bexar, Medina, Uvalde, and Kinney
Contact:
TCEQ, Water Program Manager
San Antonio Regional Office
14250 Judson Road
San Antonio, Texas 78233-4480
(210) 490-3096
Counties: Williamson, Travis, and Hays
Contact:
TCEQ, Water Program Manager
Austin Regional Office
12100 Park 35 Circle, Bldg. A, Rm 179
Austin, Texas 78753
(512) 339-2929
6. Discharges to Specific Watersheds and Water Quality Areas
Discharges of stormwater from regulated small MS4s and other non-stormwater discharges
are not authorized by this general permit where prohibited by 30 TAC Chapter 311 (relating
to Watershed Protection) for water quality areas and watersheds.
7. Protection of Streams and Watersheds by Home Rule Municipalities
This general permit does not limit the authority of a home-rule municipality provided by §
401.002 of the Texas Local Government Code.
8. Indian Country Lands
Stormwater runoff from small MS4s that occur 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 regulations, authority
for these discharges must be obtained from the U.S. EPA.
9. Endangered Species Act
Discharges that would adversely affect a listed endangered or threatened species or its
critical habitat are not authorized by this permit. 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 shall contact
TCEQ for additional information prior to submittal of the NOI and SWMP. If adverse
impact is determined after submittal of the NOI and SWMP or after permit issuance, the
permittee shall contact TCEQ immediately to determine corrective action and potential
modification to the MS4’s permit.
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10. 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 30
TAC § 70.7.
This permit does not transfer liability for the act of discharging without, or in violation of, a
NPDES or a TPDES permit from the operator of the discharge to the permittee(s).
Section E. Obtaining Authorization
1. Application for Coverage
When submitting a notice of intent (NOI) and SWMP, for coverage under this general
permit, as described in Parts II.E.3., II.E.4, and Part III, the applicant must follow the
public notice and availability requirements found in Part II.E.12 of this general permit.
Applicants seeking authorization to discharge under this general permit must submit a
completed NOI on a form approved by the executive director, and a SWMP as described in
Part III. The NOI and SWMP must be submitted to the TCEQ Water Quality Division, at the
address specified on the form. Following review of the NOI and SWMP, the executive
director may determine that: 1) The submission is complete and confirm coverage by
providing a notification and an authorization number, 2) The NOI or SWMP are incomplete
and deny coverage and require that a new complete NOI and SWMP be submitted, 3)
Approve the NOI and SWMP with revisions and provide a written description of the
required revisions along with any compliance schedule(s), or 4) Deny coverage and provide
a deadline by which the MS4 operator must submit an application for an individual permit.
Discharge authorization begins when the applicant is notified by TCEQ that the NOI and
SWMP have been administratively and technically reviewed and the applicant has followed
the public participation provisions in Part II.E.12. Denial of coverage under this general
permit is subject to the requirements of 30 TAC § 205.4(c). Application deadlines are as
follows:
(a) Small MS4s Located in a 2010 Urbanized Area (UA) (Newly regulated Small MS4s)
Operators of small MS4s described in Part II.A.1 that were not previously regulated
under the TPDES General Permit TXR040000, shall submit an NOI and SWMP within
180 days following the effective date of this general permit.
(b) Small MS4s Located in a 2000 UA (Previously Regulated Small MS4s)
Operators of small MS4s described in Part II.A.1 that were required to obtain
authorization under the previous TPDES General Permit TXR040000 based on the
2000 UA maps shall submit an NOI and revised SWMP within 180 days following the
effective date of this general permit.
(c) Designated Small MS4s
Following designation, operators of small MS4s described in Part II.A.2 shall submit an
NOI and SWMP, or apply for coverage under an individual TPDES stormwater permit,
within 180 days of being notified in writing by the TCEQ of the need to obtain permit
coverage.
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(d) Individual Permit Alternative
If an operator of a small MS4 described in Part II.A.1. of this general permit elects to
apply for an individual permit, the application must be submitted within 90 days
following the effective date of this general permit.
2. Late Submission of the NOI and SWMP
Operators are not prohibited from submitting an NOI and SWMP after the deadlines
provided. If a late NOI and SWMP are submitted, then this general permit provides
authorization only for discharges that occur after permit coverage is obtained. The TCEQ
reserves the right to take appropriate enforcement actions for any unpermitted discharges.
3. Stormwater Management Program (SWMP)
A SWMP must be developed and submitted with the NOI for eligible discharges that will
reach waters of the U.S., including discharges from the regulated small MS4 to other MS4s
or to privately-owned separate storm sewer systems that subsequently drain to waters of the
U.S., according to the requirements of Part III of this general permit. The SWMP must
include, as appropriate, the months and years in which the permittee will undertake
required actions, including interim milestones and the frequency of the action throughout
the permit term.
New elements in the program must be completely implemented within five years of the
effective date of this general permit, or within five years of being designated for those small
MS4s which are designated following permit issuance. Previously regulated MS4s shall
assess existing program elements set forth in the previous permit, modify as necessary, and
develop and implement new elements, as necessary, to continue reducing the discharge of
pollutants from the MS4 to the MEP.
Changes may be made to the SWMP during the permit term. The TCEQ may notify the
permittee of the need to modify the SWMP to be consistent with the general permit, in
which case the permittee will have 90 days to finalize such changes to the SWMP.
Changes that are made to the SWMP before the NOI is approved by the TCEQ must be
submitted in a letter providing supplemental information to the NOI. Changes to the
SWMP that are made after TCEQ approval of the NOI and SWMP may be made following
submittal of a notice of change (NOC) and receipt of written approval of the NOC from the
TCEQ, except as follows:
(a) The following changes may be implemented without submitting an NOC form. The
changes may be made immediately following revision of the SWMP, and must be
included in the annual report:
(1) Adding components, controls, or requirements to the SWMP; or replacing a BMP
with an equivalent BMP. An equivalent BMP is one that is intended to address the
same concern as the original BMP and is substantially similar in nature to the
original BMP;
(2) Nonsubstantive changes, including:
a. A change in personnel, or a reorganization of departments responsible for
implementing the SWMP;
b. Minor clarifications to the existing BMPs;
c. Correction of typographical errors;
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E
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d. Other similar administrative or nonsubstantive comments.
(3) Adding or subtracting area(s) during the permit term, such as by annexing land or
if land is de-annexed.
(b) The permittee may replace a less effective or infeasible BMP specifically identified in
the SWMP with an alternative BMP, (for example, replacing a structural BMP with a
non-structural BMP). Such a change may be implemented within 60 days following
submittal of an NOC form, unless the NOC is denied in writing by TCEQ. Such requests
must include the following:
(1) An explanation of why the BMP was eliminated;
(2) An explanation of the effectiveness of the replacement BMP; and
(3) An explanation of how the replacement BMP is expected to achieve the goals of the
previous BMP.
(c) All other changes must be submitted on an NOC form and may only be implemented
following written approval by TCEQ (See Part II.E.5).
4. Contents of the NOI
The NOI must contain the following minimum information:
(a) MS4 Operator Information
(1) The name, mailing address, electronic mail (email) address, telephone number,
and facsimile (fax) number of the MS4 operator; and
(2) The legal status of the MS4 operator (for example, federal government, state
government, county government, city government, or other government).
(b) Site Information
(1) The name, physical location description, and latitude and longitude of the
approximate center of the regulated portion of the small MS4;
(2) County or counties where the small MS4 is located;
(3) An indication if all or a portion of the small MS4 is located on Indian Country
Lands;
(4) The name, mailing address, telephone number, email (if available) and fax number
of the designated person(s) responsible for implementing or coordinating
implementation of the SWMP;
(5) A signature and certification on the NOI, according to 30 TAC § 305.44, that a
SWMP has been developed according to the provisions of this permit;
(6) A statement that the applicant will comply with the Public Participation
requirements described in Part II.E.12.;
(7) The name of each classified segment that receives discharges, directly or indirectly,
from the small MS4. If one or more of the discharge(s) is not directly to a
classified segment, then the name of the first classified segment that those
discharges reach must be identified;
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E
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(8) The name of any MS4 receiving the discharge prior to discharge into waters of the
U.S.;
(9) The name of all surface water(s) receiving discharges from the small MS4 that are
on the latest EPA-approved CWA § 303(d) list of impaired waters;
(10) An indication of whether the small MS4 discharges within the Recharge Zone, the
Contributing Zone or the Contributing Zone within the Transition Zone of the
Edwards Aquifer; and
(11) Any other information deemed necessary by the executive director.
5. Notice of Change (NOC)
If the MS4 operator becomes aware that it failed to submit any relevant facts, or submitted
incorrect information in the NOI, the correct information must be provided to the executive
director in a NOC within 30 days after discovery. If any information provided in the NOI
changes, an NOC must be submitted within 30 days from the time the permittee becomes
aware of the change.
Any revisions that are made to the SWMP must be made in accordance with Part II.E.3.
above. Changes that are made to the SWMP following NOI approval must be made using an
NOC form, in accordance with Part II.E.3. above.
6. Change in Operational Control of a Small MS4
If the operational control of the regulated small MS4 changes, the previous operator must
submit a Notice of Termination (NOT) and the new operator must submit an NOI and
SWMP. The NOT and NOI must be submitted concurrently not more than ten (10) calendar
days after the change occurs.
7. Notice of Termination (NOT)
A permittee may terminate coverage under this general permit by providing a Notice of
Termination (NOT) on a form approved by the executive director. Authorization to
discharge terminates at midnight on the day that an NOT is postmarked for delivery to the
TCEQ, or immediately following confirmation of receipt of the electronic NOT form by the
TCEQ. A NOT must be submitted within 30 days after the MS4 operator obtains coverage
under an individual permit.
8. Signatory Requirement for NOI, NOT, NOC, and Waiver Forms
NOI, NOT, NOC, and Waiver forms must be signed and certified consistent with 30 TAC §
305.44(a) and (b) (relating to Signatories to Applications).
9. Fees
An application fee of $100.00 must be submitted with each NOI. A fee is not required for
submission of a waiver form, a NOT, or an NOC.
A permittee authorized under this general permit must pay an annual Water Quality fee of
$100.00 under TWC § 26.0291 and 30 TAC Chapter 205 (relating to General Permits for
Waste Discharges).
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E
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10. Permit Expiration
(a) This general permit is effective for five (5) years from the permit effective date.
Authorizations for discharge under the provisions of this general permit will continue
until the expiration date of the general permit. This general permit may be amended,
revoked, or canceled by the commission or renewed by the TCEQ for an additional term
not to exceed five (5) years.
(b) If the executive director proposes to reissue this general permit before the expiration
date, the general permit will remain in effect until the date on which the commission
takes final action on the proposal to reissue this general permit. For existing
permittees, general permit coverage will remain in effect after the expiration date of the
existing general permit, in accordance with 30 TAC, Chapter 205. No new NOIs will be
accepted and no new authorizations will be processed under the general permit after
the expiration date.
(c) Following issuance of a renewed or amended general permit, all permittees, including
those covered under the expired general permit, may be required to submit an NOI
according to the requirements of the new general permit or to obtain a TPDES
individual permit for those discharges. The renewed permit will include a deadline to
apply for coverage, and authorization for existing permittees will be automatically
extended until the deadline to apply for coverage, or until an application is submitted
for renewal, whichever occurs first.
(d) If the TCEQ does not propose to reissue this general permit within 90 days before the
expiration date, permittees must apply for authorization under a TPDES individual
permit or an alternative general permit. If the application for an individual permit is
submitted before the expiration date of this general permit, authorization under this
expiring general permit remains in effect until the issuance or denial of an individual
permit.
11. Suspension of Permit Coverage
The executive director may suspend an authorization under this general permit for the
reasons specified in 30 TAC § 205.4(d) by providing the discharger with written notice of
the decision to suspend that authority, and the written notice will include a brief statement
of the basis for the decision. If the decision requires an application for an individual permit
or an alternative general permit, the written notice will also include a statement establishing
the deadline for submitting an application. The written notice will state that the
authorization under this general permit is either suspended on the effective date of the
commission's action on the permit application, unless the commission expressly provides
otherwise, or immediately, if required by the executive director.
12. Public Notice Process for NOI submittal
An applicant under this general permit shall adhere to the following procedures:
(a) The applicant shall submit an NOI and SWMP to the executive director. The SWMP
must include information about:
(1) BMPs the applicant will implement for each of the six MCMs, as appropriate;
(2) The measurable goals for each of the BMPs, including, as appropriate the months
and years in which the applicant will take the required actions, including interim
milestones and the frequency of the action; and
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E
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(3) The person or persons responsible for implementing or coordinating the applicants
SWMP.
(b) After the applicant receives written instructions from the TCEQs Office of Chief Clerk,
the applicant must publish notice of the executive directors preliminary decision on
the NOI and SWMP.
(c) The notice will include the following information, at a minimum:
(1) The legal name of the MS4 operator;
(2) Indication of whether the NOI is for a new authorization or is a renewal of an
existing authorization;
(3) The address of the applicant;
(4) A brief summary of the information included in the NOI, such as the general
location of the small MS4 and a description of the classified receiving waters that
receive the discharges from the small MS4;
(5) The location and mailing address where the public may provide comments to the
TCEQ;
(6) The public location where copies of the NOI and SWMP, as well as the executive
director's general permit and fact sheet, may be reviewed; and
(7) If required by the executive director, the date, time, and location of the public
meeting.
(d) This notice must be published at least once in a newspaper of general circulation in the
municipality or county where the small MS4 is located. If the small MS4 is located in
multiple municipalities or counties, the notice must be published at least once in a
newspaper of general circulation in the municipality or county containing the largest
resident population for the regulated portion of the small MS4. This notice must
provide opportunity for the public to submit comments on the NOI and SWMP. In
addition, the notice must allow the public to request a public meeting. A public
meeting will be held if the TCEQ determines that there is significant public interest.
(e) The public comment period begins on the first date the notice is published and lasts for
at least 30 days. If a public meeting is held, the comment period will end at the closing
of the public meeting (see paragraph (f) below). The public may submit written
comments to the TCEQ Office of Chief Clerk during the comment period detailing how
the NOI or SWMP for the small MS4 fails to meet the technical requirements or
conditions of this general permit.
(f) If significant public interest exists, the executive director will direct the applicant to
publish a notice of the public meeting and to hold the public meeting. The applicant
shall publish notice of a public meeting at least 30 days before the meeting and hold the
public meeting in a county where the small MS4 is located. TCEQ staff will facilitate
the meeting.
(g) If a public meeting is held, the applicant shall describe the contents of the NOI and
SWMP. The applicant shall also provide maps and other data on the small MS4. The
applicant shall provide a sign in sheet for attendees to register their names and
addresses and furnish the sheet to the executive director. A public meeting held under
this general permit is not an evidentiary proceeding.
(h) The applicant shall file with the Chief Clerk a copy and an affidavit of the publication of
notice(s) within 60 days of receiving the written instructions from the Chief Clerk.
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section F
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(i) The executive director, after considering public comment, will either approve, approve
with conditions, or deny the NOI based on whether the NOI and SWMP meet the
requirements of this general permit.
(j) Persons whose names and addresses appear legibly on the sign-in sheet from the public
meeting and persons who submitted written comments to the TCEQ will be notified by
the TCEQs Office of Chief Clerk of the executive directors decision regarding the
authorization.
Section F. Permitting Options
1. Authorization Under the General Permit
An operator of a small MS4 is required to obtain authorization either under this general
permit, or under an individual TPDES permit if it is located in a UA or designated by the
TCEQ. Multiple small MS4s with separate operators must individually submit an NOI to
obtain coverage under this general permit, regardless of whether the systems are physically
interconnected, located in the same UA, or are located in the same watershed. Each
regulated small MS4 will be issued a distinct permit number. These MS4 operators may
combine or share efforts in meeting any or all of the SWMP requirements stated in Part III
of this general permit. MS4 operators that share SWMP development and implementation
responsibilities must meet the following conditions:
(a) Participants
The SWMP must clearly list the name and permit number for each MS4 operator that
chooses to contributes to development or implementation of the SWMP, and provide
written confirmation that the contributing MS4 operator has agreed to contribute. If a
contributing small MS4 has submitted a NOI and SWMP to TCEQ, but has not yet
received written notification of approval, along with the accompanying permit
authorization number, a copy of the submitted NOI form must be made readily
available or be included in the SWMP.
(b) Responsibilities
Each permittee is entirely responsible for meeting SWMP requirements within the
boundaries of its small MS4. Where a separate MS4 operator is contributing to
implementation of the SWMP, the SWMP must clearly define each minimum control
measure and the component(s) each entity agrees to implement, within which MS4
area(s) each entity agrees to implement and clearly identify the contributing MS4
operator.
2. Alternative Coverage under an Individual TPDES Permit
An MS4 operator eligible for coverage under this general permit may alternatively be
authorized under an individual TPDES permit according to 30 TAC Chapter 305 (relating to
Consolidated Permits). The executive director may require a MS4 operator, authorized by
this general permit, to apply for an individual TPDES permit because of: the conditions of
an approved TMDL or TMDL implementation plan; a history of substantive non-
compliance; or other 30 TAC Chapter 205 considerations and requirements; or other site-
specific considerations. The executive director shall deny or suspend a facility’s
authorization for disposal under this general permit based on a rating of “unsatisfactory
performer” according to commission rules in 30 TAC §60.3, Use of Compliance History. An
applicant who owns or operates a facility classified as an “unsatisfactory performer” is
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section A
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entitled to a hearing before the commission prior to having its coverage denied or
suspended, in accordance with TWC § 26.040(h).
Part III. Stormwater Management Program (SWMP)
To the extent allowable under state and local law, a SWMP must be developed, implemented
and enforced according to the requirements of Part III of this general permit, for stormwater
discharges that reach waters of the U.S., regardless of whether the discharge is conveyed
through a separately operated storm sewer system. The SWMP must be developed,
implemented and enforced to reduce the discharge of pollutants from the small MS4 to the
maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate
water quality requirements of the CWA and the TWC.
A permittee that implements best management practices consistent with the provisions of their
permit and SWMP constitutes compliance with the standard of reducing pollutants to the MEP
and will be deemed in compliance with Part III of this permit. This permit does not extend any
compliance deadlines set forth in the previous permit effective August 13, 2007.
Section A. Developing a Stormwater Management Program (SWMP)
1. SWMP Development and Schedule
(a) Existing regulated small MS4s
Permittees who were regulated under the previous TPDES general permit
TXR040000, shall update and submit to the TCEQ an updated SWMP under this
general permit along with the NOI for coverage. The NOI and SWMP are due within
180 days of the general permit effective date. The permittee shall continue to operate
under the conditions of the previous permit and existing SWMP until the revised
SWMP is approved.
(b) New regulated small MS4s
Operators of regulated small MS4s that were not required to obtain permit coverage
under the previous TPDES general permit TXR040000, have 180 days from the
effective date of the general permit to develop and submit their NOI and SWMP.
(c) Implementation of the SWMP
Existing small MS4 operators shall ensure full implementation of any new elements in
the revised SWMP as soon as practicable, but no later than five years from the permit
effective date. Previously regulated MS4 operators shall continue to implement
existing elements in the approved SWMPs until the revised SWMPs has been
approved.
Designated small MS4s must achieve full implementation of the SWMP as soon as
practicable, but no later than five years from designation. Newly regulated small
MS4s, based on the 2010 Decennial Census, must achieve full implementation of the
SWMP as soon as practicable, but no later than five years from the permit effective
date.
2. Content of the SWMP
At a minimum, the permittee shall include the following information in its SWMP:
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section A
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(a) A description of Minimum Control Measures (MCM) with measureable goals,
including, as appropriate, the months and years in which the permittee will undertake
required actions, including interim milestones and the frequency of the action for each
MCM described in Part III, Section B.
(b) A measurable goal that includes the development of ordinances or other regulatory
mechanisms, allowed by state, federal and local law, providing the legal authority
necessary to implement and enforce the requirements of this permit, including
information on any limitations to the legal authority;
(c) A summary of written procedures describing how the permittee will implement the
provisions in Parts III and IV of this general permit.
(d) A description of a program or a plan of compliance with the requirements in Part
II.D.4. (relating to Impaired Water Bodies and Total Maximum Daily Load (TMDL)
Requirements)
3. Legal Authority
(a) Traditional small MS4s, such as cities
(1) Within two years from the permit effective date, the permittee shall review and
revise, if needed, its relevant ordinance(s) or other regulatory mechanism(s), or
shall adopt a new ordinance(s) or other regulatory mechanism(s) that provide the
permittee with adequate legal authority to control pollutant discharges into and
from its small MS4 in order to meet the requirements of this general permit.
(2) To be considered adequate, this legal authority must, at a minimum, address the
following:
a. Authority to prohibit illicit discharges and illicit connections;
b. Authority to respond to and contain other releases Control the discharge of
spills, and prohibit dumping or disposal of materials other than stormwater
into the small MS4;
c. Authority to require compliance with conditions in the permittee’s ordinances,
permits, contracts, or orders;
d. Authority to require installation, implementation, and maintenance of control
measures;
e. Authority to receive and collect information, such as stormwater plans,
inspection reports, and other information deemed necessary to assess
compliance with this permit, from operators of construction sites, new or
redeveloped land, and industrial and commercial facilities;
f. Authority, as needed, to enter and inspect private property including facilities,
equipment, practices, or operations related to stormwater discharges to the
small MS4;
g. Authority to respond to non-compliance with BMPs required by the small
MS4 consistent with their ordinances or other regulatory mechanism(s);
h. Authority to assess penalties, including monetary, civil, or criminal penalties;
and
i. Ability to enter into interagency or interlocal agreements or other
maintenance agreements, as necessary.
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(b) Non-traditional small MS4s, such as counties, drainage districts, transportation
entities, municipal utility districts, military bases, prisons and universities
(1) Where the permittee lacks the authority to develop ordinances or to implement
enforcement actions, the permittee shall exert enforcement authority as required
by this general permit for its facilities, employees, contractors, and any other entity
over which it has operational control within the portion of the UA under the
jurisdiction of the permittee. For discharges from third party actions, the
permittee shall perform inspections and exert enforcement authority to the MEP.
(2) If the permittee does not have inspection or enforcement authority and is unable to
meet the goals of this general permit through its own powers, then, unless
otherwise stated in this general permit, the permittee shall perform the following
actions in order to meet the goals of the permit:
a. Enter into interlocal agreements with municipalities where the small MS4 is
located. These interlocal agreements must state the extent to which the
municipality will be responsible for inspections and enforcement authority in
order to meet the conditions of this general permit; or,
b. If it is not feasible for the permittee to enter into interlocal agreements, the
permittee shall notify an adjacent MS4 operator with enforcement authority or
TCEQs Field Operations Support Division as needed to report discharges or
incidents that it cannot itself enforce against. In determining feasibility for
entering into interlocal agreements, the permittee shall consider all factors,
including, without limitations, financial considerations and the willingness of
the municipalities in which the small MS4 is located.
4. Resources
It is the permittee’s responsibility to ensure that it has adequate resources and funding to
implement the requirements of this permit.
5. Effluent Limitations
The controls and BMPs included in the SWMP constitute effluent limitations for the
purposes of compliance with state rules. This includes the requirements of 30 TAC Chapter
319, Subchapter B, which lists the maximum allowable concentrations of hazardous metals
for discharge to water in the state.
6. Enforcement Measures
Permittees with enforcement authority (i.e. traditional small MS4s) shall develop a standard
operating procedure (SOP) to respond to violations to the extent allowable under state and
local law. When the permittee does not have enforcement authority over the violator, and
the violations continue after violator has been notified by the permittee, the permittee shall
notify either the adjacent MS4 operator with enforcement authority or TCEQ’s Field
Operations Support Division.
Section B. Minimum Control Measures
Operators of small MS4s seeking coverage under this general permit shall develop and
implement a SWMP that includes the following six minimum control measures (MCMs), as
applicable.
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
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All program elements must be implemented according to the schedule mentioned in Part
III.A. All six MCMs apply to all MS4s regardless of their level as described in Part II.A.5.
Specific program elements under each MCM shall be implemented by all MS4 operators,
unless it is specifically stated that particular program elements only are applicable for
certain levels of small MS4s.
Permittees shall provide justification within the SWMP for any requirements that were not
implemented because they were not feasible as described in each MCM.
1. Public Education, Outreach, and Involvement
(a) Public Education and Outreach
(1) All permittees shall develop, implement, and maintain a comprehensive
stormwater education and outreach program to educate public employees,
businesses, and the general public of hazards associated with the illegal discharges
and improper disposal of waste and about the impact that stormwater discharges
can have on local waterways, as well as the steps that the public can take to reduce
pollutants in stormwater.
Existing permittees shall assess program elements that were described in the
previous permit, modify as necessary, and develop and implement new elements,
as necessary, to continue reducing the discharge of pollutants from the MS4 to the
MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the program fully implemented by the end of
this permit term. The program must, at a minimum:
a. Define the goals and objectives of the program based on high priority
community-wide issues (for example, reduction of nitrogen in discharges from
the small MS4, promoting previous techniques used in the small MS4, or
improving the quality of discharges to the Edwards Aquifer);
b. Identify the target audience(s);
c. Develop or utilize appropriate educational materials, such as printed
materials, billboard and mass transit advertisements, signage at select
locations, radio advertisements, television advertisements, and websites;
d. Determine cost effective and practical methods and procedures for
distribution of materials.
(2) Throughout the permit term, all permittees shall make the educational materials
available to convey the program’s message to the target audience(s) at least
annually.
(3) All permittees shall review and update as necessary, the SWMP and MCM
implementation procedures required by Part III.A.2.. Any changes must be
reflected in the annual report. Such written procedures must be maintained, either
on site or in the SWMP and made available for inspection by the TCEQ.
(4) MS4 operators may partner with other MS4 operators to maximize the program
and cost effectiveness of the required outreach.
(b) Public Involvement
All permittees shall involve the public, and, at minimum, comply with any state and
local public notice requirements in the planning and implementation activities related
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
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to developing and implementing the SWMP, except that correctional facilities are not
required to implement this portion of the MCM.
Existing permittees shall assess program elements that were described in the previous
permit, modify as necessary, and develop and implement new elements, as necessary,
to continue reducing the discharge of pollutants from the MS4 to the MEP. New
elements must be fully implemented by the end of this permit term and newly
regulated permittees shall have the program fully implemented by the end of this
permit term. At a minimum, all permittees shall:
(1) If feasible, consider using public input (for example, the opportunity for public
comment, or public meetings) in the implementation of the program;
(2) If feasible, create opportunities for citizens to participate in the implementation of
control measures, such as stream clean-ups, storm drain stenciling, volunteer
monitoring, volunteer Adopt-A-Highwayprograms, and educational activities;
(3) Ensure the public can easily find information about the SWMP.
2. Illicit Discharge Detection and Elimination (IDDE)
(a) Program Development
(1) All permittees shall develop, implement and enforce a program to detect,
investigate, and eliminate illicit discharges into the small MS4. The program must
include a plan to detect and address non-stormwater discharges, including illegal
dumping to the MS4 system.
Existing permittees must assess program elements that were described in the
previous permit, modify as necessary, and develop and implement new elements,
as necessary, to continue reducing the discharge of pollutants from the MS4 to the
MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the program fully implemented by the end of
this permit term. See also Part III.A.1(c).
The Illicit Discharge Detection and Elimination (IDDE) program must include the
following:
a. An up-to-date MS4 map (see Part III.B.2.(c)(1));
b. Methods for informing and training MS4 field staff (See Part III.B.2.(c)(2));
c. Procedures for tracing the source of an illicit discharge (see Part III.
B.2.(c)(5));
d. Procedures for removing the source of the illicit discharge (see Part
III.B.2.(c)(5));
e. For Level 2, 3 and 4 small MS4s, if applicable, procedures to prevent and
correct any leaking on-site sewage disposal systems that discharge into the
small MS4;
f. For Level 4 small MS4s, procedures for identifying priority areas within the
small MS4 likely to have illicit discharges, and a list of all such areas identified
in the small MS4 (See Part III.B.2.(g)(1));
g. For Level 4 small MS4s, field screening to detect illicit discharges (See Part
III.B.2.(g)(2)).
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(2) For non-traditional small MS4s, if illicit connections or illicit discharges are
observed related to another operator’s MS4, the permittee shall notify the other
MS4 operator within 48 hours of discovery. If notification to the other MS4
operator is not practicable, then the permittee shall notify the appropriate TCEQ
regional office of the possible illicit connection.
(3) If another MS4 operator notifies the permittee of an illegal connection or illicit
discharge to the small MS4, then the permittee shall follow the requirements
specified in Part III.B.2.(c)(3).
(4) All permittees shall review and update as necessary, the SWMP and MCM
implementation procedures required by Part III.A.2.. Any changes must be
reflected in the annual report. Such written procedures must be maintained, either
on site or in the SWMP and made available for inspection by the TCEQ.
(b) Allowable Non-Stormwater Discharges
Non-stormwater flows listed in Part II.C do not need to be considered by the permittee
as an illicit discharge requiring elimination unless the permittee or the TCEQ identifies
the flow as a significant source of pollutants to the small MS4.
(c) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.2(c)(1)-(6)
(1) MS4 mapping
All permittees shall maintain an up-to-date MS4 map, which must be located on
site and available for review by the TCEQ. The MS4 map must show at a minimum
the following information:
a. The location of all small MS4 outfalls that are operated by the permittee and
that discharge into waters of the U.S;
b. The location and name of all surface waters receiving discharges from the
small MS4 outfalls;
c. Priority areas identified under Part III.B.2.(e)(1) if applicable.
(2) Education and Training
All permittees shall implement a method for informing or training all the
permittee’s field staff that may come into contact with or otherwise observe an
illicit discharge or illicit connection to the small MS4 as part of their normal job
responsibilities. Training program materials and attendance lists must be
maintained on site and made available for review by the TCEQ.
(3) Public Reporting of Illicit Discharges and Spills
To the extent feasible, all permittees shall publicize and facilitate public reporting
of illicit discharges or water quality impacts associated with discharges into or
from the small MS4. The permittee shall provide a central contact point to receive
reports; for example by including a phone number for complaints and spill
reporting.
(4) All permittees shall develop and maintain on site procedures for responding to
illicit discharges and spills.
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(5) Source Investigation and Elimination
a. Minimum Investigation Requirements Upon becoming aware of an illicit
discharge, all permittees shall conduct an investigation to identify and locate
the source of such illicit discharge as soon as practicable.
(i) All permittees shall prioritize the investigation of discharges based on
their relative risk of pollution. For example, sanitary sewage may be
considered a high priority discharge.
(ii) All permittees shall report to the TCEQ immediately upon becoming
aware of the occurrence of any illicit flows believed to be an immediate
threat to human health or the environment.
(iii) All permittees shall track all investigations and document, at a minimum,
the date(s) the illicit discharge was observed; the results of the
investigation; any follow-up of the investigation; and the date the
investigation was closed.
b. Identification and Investigation of the Source of the Illicit Discharge All
permittees shall investigate and document the source of illicit discharges
where the permittees have jurisdiction to complete such an investigation. If
the source of illicit discharge extends outside the permittee’s boundary, all
permittees shall notify the adjacent permitted MS4 operator or TCEQ’s Field
Operation Support Division according to Part III.A.3.b.
c. Corrective Action to Eliminate Illicit Discharge
(i) If and when the source of the illicit discharge has been determined, all
permittees shall immediately notify the responsible party of the problem,
and shall require the responsible party to perform all necessary corrective
actions to eliminate the illicit discharge.
(6) Inspections The permittee shall conduct inspections, as determined appropriate,
in response to complaints, and shall conduct follow-up inspections as needed to
ensure that corrective measures have been implemented by the responsible party.
(d) Additional Requirements for Level 3 and 4 small MS4s
In addition to the requirements described in Parts III.B.2(c)(1)-(6) above, permittees
who operate level 3 and 4 small MS4s shall meet the following requirements:
(1) Source Investigation and Elimination
Permittees who operate level 3 and 4 small MS4 shall upon being notified that the
discharge has been eliminated, conduct a follow-up investigation or field
screening, consistent with Part III.B.2.(e)(2), to verify that the discharge has been
eliminated. The permittee shall document its follow-up investigation. The
permittee may seek recovery and remediation costs from responsible parties
consistent with Part III.A.3., and require compensation related costs. Resulting
enforcement actions must follow the procedures for enforcement action in Part
III.A.3. If the suspected source of the illicit discharge is authorized under an
NPDES/TPDES permit or the discharge is listed as an authorized non-stormwater
discharge, as described in Part III.C, no further action is required.
(e) Additional Requirements for Level 4 small MS4s
In addition to the requirements described in Parts III.B.2(c)-(d) above, permittees
who operate level 4 small MS4s shall meet the following requirements:
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
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(1) Identification of Priority Areas
Permittees who operate level 4 small MS4s shall identify priority areas and shall
document the basis for the selection of each priority area and shall create a list of
all priority areas identified. This priority area list must be available for review by
the TCEQ.
(2) Dry Weather Field Screening
By the end of the permit term, permittees who operate level 4 small MS4s shall
develop and implement a written dry weather field screening program to assist in
detecting and eliminating illicit discharges to the small MS4. Dry weather field
screening must consist of (1) field observations; and (2) as needed, field screening.
If dry weather field screening is necessary, at a minimum, the permittee shall:
a. Conduct dry weather field screening in priority areas as identified by the
permittee in Part III.B.2(e)(1). By the end of the permit term, all of those
priority areas, although not necessarily all individual outfalls must be
screened.
b. Field observation requirements The permittee shall develop written
procedures for observing flows from outfalls when there has been at least 72
hours of dry weather. The written procedures should include the basis used to
determine which outfalls would be observed. The permittee shall record visual
observations such as odor, color, clarity, floatables, deposits or stains.
c. Field screening requirements The permittee shall develop written
procedures to determine which dry weather flows will be screened, based on
results of field observations or complaint from the public or the permittee’s
trained field staff. At a minimum, when visual observations indicate a
potential problem such as discolored flows, foam, surface sheen, and other
similar indicators of contamination, the permittee shall conduct a field
screening analysis for selected indicator pollutants as determined by the
permittee. Screening methodology may be modified based on experience
gained during the actual field screening activities. The permittee shall
document the method used.
3. Construction Site Stormwater Runoff Control
(a) Requirements and Control Measures
(1) All permittees shall develop, implement and enforce a program requiring operators
of small and large construction activities, as defined in Part I of this general
permit, to select, install, implement, and maintain stormwater control measures
that prevent illicit discharges to the MEP. The program must include the
development and implementation of an ordinance or other regulatory mechanism,
as well as sanctions to ensure compliance to the extent allowable under state,
federal, and local law, to require erosion and sediment control.
Existing permittees shall assess program elements that were described in the
previous permit, modify as necessary, and develop and implement new elements,
as necessary, to continue reducing the discharge of pollutants from the MS4 to the
MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the the progam fully implemented by the
end of this permit term.
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
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If TCEQ waives requirements for stormwater discharges associated with small
construction from a specific site(s), the permittee is not required to enforce the
program to reduce pollutant discharges from such site(s).
(b) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.3(b)(1)-(7)
(1) All permittees shall review and update as necessary, the SWMP and MCM
implementation procedures required by Part III.A.2. Any changes must be
included in the annual report. Such written procedures must be maintained on site
or in the SWMP and made available for inspection by the TCEQ.
(2) All permittees shall require that construction site operators implement appropriate
erosion and sediment control BMPs. The permittee’s construction program must
ensure the following minimum requirements are effectively implemented for all
small and large construction activities discharging to its small MS4.
a. Erosion and Sediment Controls - Design, install and maintain effective erosion
controls and sediment controls to minimize the discharge of pollutants.
b. 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. Stabilization must be completed within a
period of time determined by the permittee. In arid, semiarid, and drought-
stricken areas, as determined by the permittee, where initiating vegetative
stabilization measures immediately is infeasible, alternative stabilization
measures must be employed as specified by the permittee.
c. BMPs Design, install, implement, and maintain effective BMPs to minimize
the discharge of pollutants to the small MS4. At a minimum, such BMPs must
be designed, installed, implemented and maintained to:
(i) Minimize the discharge of pollutants from equipment and vehicle
washing, wheel wash water, and other wash waters;
(ii) 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
(iii) Minimize the discharge of pollutants from spills and leaks.
d. As an alternative to (a) through (c) above, all permittees shall ensure that all
small and large construction activities discharging to the small MS4 have
developed and implemented a stormwater pollution prevention plan (SWP3)
in accordance with the TPDES CGP TXR150000. In arid, semiarid, and
drought-stricken areas, as determined by the permittee, where initiating
vegetative stabilization measures immediately is infeasible, alternative
stabilization measures must be employed as specified by the permittee. As an
alternative, vegetative stabilization measures may be implemented as soon as
practicable.
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(3) Prohibited Discharges - The following discharges are prohibited:
a. Wastewater from washout of concrete and wastewater from water well drilling
operations, unless managed by an appropriate control;
b. Wastewater from washout and cleanout of stucco, paint, from release oils, 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;
e. Discharges from dewatering activities, including discharges from dewatering
of trenches and excavations, unless managed by appropriate BMPs.
(4) Construction Plan Review Procedures
To the extent allowable by state, federal, and local law, all permittees shall
maintain and implement site plan review procedures, that describe which plans
will be reviewed as well as when an operator may begin construction. For those
permittees without legal authority to enforce site plan reviews, this requirement is
limited to those sites operated by the permittee and its contractors and located
within the permittee’s regulated area. The site plan procedures must meet the
following minimum requirements:
a. The site plan review procedures must incorporate consideration of potential
water quality impacts.
b. The permittee may not approve any plans unless the plans contain appropriate
site specific construction site control measures that, at a minimum, meet the
requirements described in Part III.B.3.(a) or in the TPDES CGP, TXR150000.
The permittee may require and accept a plan, such as a SWP3, that has been
developed pursuant to the CGP, TXR150000.
(5) Construction Site Inspections and Enforcement
To the extent allowable by state, federal, and local law, all permittees shall
implement procedures for inspecting large and small construction projects.
Permittees without legal authority to inspect construction sites shall at a minimum
conduct inspections of sites operated by the permittee or its contractors and that
are located in the permittee’s regulated area.
a. Inspections must occur at a frequency determined by the permittee, based on
the evaluation of factors that are a threat to water quality, such as: soil erosion
potential; site slope; project size and type; sensitivity of receiving waterbodies;
proximity to receiving waterbodies; non-stormwater discharges; and past
record of non-compliance by the operators of the construction site.
b. Inspections must occur during the active construction phase.
(i) All permittees shall develop, implement, and revise as necessary, written
procedures outlining the inspection and enforcement requirements. These
procedures must be maintained on site or in the SWMP and be made
available to TCEQ.
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(ii) Inspections of construction sites must, at a minimum:
1. Determine whether the site has appropriate coverage under the
TPDES CGP, TXR150000. If no coverage exists, notify the permittee
of the need for permit coverage.
2. Conduct a site inspection to determine if control measures have been
selected, installed, implemented, and maintained according to the
small MS4’s requirements.
3. Assess compliance with the permittee’s ordinances and other
regulations.
4. Provide a written or electronic inspection report.
c. Based on site inspection findings, all permittees shall take all necessary follow-
up actions (for example, follow-up-inspections or enforcement) to ensure
compliance with permit requirements and the SWMP. These follow-up and
enforcement actions must be tracked and maintained for review by the TCEQ.
For non-traditional small MS4s with no enforcement powers, the permittee
shall notify the adjacent MS4 operator with enforcement authority or the
TCEQ’s Field Operations Support Division according to Part III.A.3(b).
(6) Information submitted by the Public
All permittees shall develop, implement and maintain procedures for receipt and
consideration of information submitted by the public.
(7) MS4 Staff Training
All permittees shall ensure that all staff whose primary job duties are related to
implementing the construction stormwater program (including permitting, plan
review, construction site inspections, and enforcement) are informed or trained to
conduct these activities. The training may be conducted by the permittee or by
outside trainers.
(c) Additional Requirements for Level 3 and 4 small MS4s
In addition to the requirements described in Parts III.B.3(b)(1)-(7) above, permittees
who operate level 3 and 4 small MS4s shall meet the following requirements:
(1) Construction Site Inventory
Permittees who operate level 3 and 4 small MS4s shall maintain an inventory of all
permitted active public and private construction sites, that result in a total land
disturbance of one or more acres or that result in a total land disturbance of less
than one acre if part of a larger common plan or development or sale. Notification
to the small MS4 should be made by submittal of a copy of an NOI or a small
construction site notice. The permittee shall make this inventory available to the
TCEQ upon request.
4. Post-Construction Stormwater Management in New Development and
Redevelopment
(a) Post-Construction Stormwater Management Program
(1) All permittees shall develop, implement and enforce a program, to the extent
allowable under state, federal, and local law, to control stormwater discharges
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
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from new development and redeveloped sites that discharge into the small MS4
that disturb one acre or more, including projects that disturb less than one acre
that are part of a larger common plan of development or sale. The program must
be established for private and public development sites. The program may utilize
an offsite mitigation and payment in lieu of components to address this
requirement.
Existing permittees shall assess program elements that were described in the
previous permit, modify as necessary, to continue reducing the discharge of
pollutants from the MS4 to the MEP. New elements must be fully implemented by
the end of this permit term and newly regulated permittees shall have the program
fully implemented by the end of the permit term.
(2) All permittees shall use, to the extent allowable under state, federal, and local law
and local development standards, an ordinance or other regulatory mechanism to
address post-construction runoff from new development and redevelopment
projects. The permittees shall establish, implement, and enforce a requirement,
that owners or operators of new development and redeveloped sites design, install,
implement, and maintain a combination of structural and non-structural BMPs
appropriate for the community and that protects water quality. If the construction
of permanent structures is not feasible due to space limitations, health and safety
concerns, cost effectiveness, or highway construction codes, the permittee may
propose an alternative approach to TCEQ. Newly regulated permittees shall have
the program element fully implemented by the end of the permit term.
(b) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.4.(b)(1)-(3)
(1) All permittees shall review and update as necessary, the SWMP and MCM
implementation procedures required by Part III.A.2.. Any changes must be
included in the annual report. Such written procedures must be maintained either
on site or in the SWMP and made available for inspection by TCEQ.
(2) All permittees shall document and maintain records of enforcement actions and
make them available for review by the TCEQ.
(3) Long-Term Maintenance of Post-Construction Stormwater Control Measures
All permittees shall, to the extent allowable under state, federal, and local law,
ensure the long-term operation and maintenance of structural stormwater control
measures installed through one or both of the following approaches:
a. Maintenance performed by the permittee. See Part III.B.5
b. Maintenance performed by the owner or operator of a new development or
redeveloped site under a maintenance plan. The maintenance plan must be
filed in the real property records of the county in which the property is located.
The permittee shall require the owner or operator of any new development or
redeveloped site to develop and implement a maintenance plan addressing
maintenance requirements for any structural control measures installed on
site. The permittee shall require operation and maintenance performed is
documented and retained on site, such as at the offices of the owner or
operator, and made available for review by the small MS4.
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
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(c) Additional Requirements for Level 4 small MS4s
In addition to the requirements described in Parts III.B.5(b)(1)-(3) above, permittees
who operate level 4 small MS4s shall meet the following requirements:
(1) Inspections - Permittees who operate level 4 small MS4s shall develop and
implement an inspection program to ensure that all post construction stormwater
control measures are operating correctly and are being maintained as required
consistent with its applicable maintenance plan. For small MS4s with limited
enforcement authority, this requirement applies to the structural controls owned
and operated by the small MS4 or its contractors that perform these activities
within the small MS4’s regulated area.
a. Inspection Reports - The permittee shall document its inspection findings in
an inspection report and make them available for review by the TCEQ.
5. Pollution Prevention and Good Housekeeping for Municipal Operations
(a) Program development
(1) All permittees shall develop and implement an operation and maintenance
program, including an employee training component that has the ultimate goal of
preventing or reducing pollutant runoff from municipal activities and municipally
owned areas including but not limited to park and open space maintenance; street,
road, or highway maintenance; fleet and building maintenance; stormwater system
maintenance; new construction and land disturbances; municipal parking lots;
vehicle and equipment maintenance and storage yards; waste transfer stations;
and salt/sand storage locations.
Existing permittees shall assess program elements that were described in the
previous permit, modify as necessary, and develop and implement new elements,
as necessary, to continue reducing the discharges of pollutants from the MS4 to the
MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the program fully implemented by the end of
this permit term. See also Part III.A.1.(c))
(b) Requirements for all Permittees
All permitees shall include the requirements described below in Parts III.B.5.(1)-(6) in
the program:
(1) Permittee-owned Facilities and Control Inventory
All permittees shall develop and maintain an inventory of facilities and stormwater
controls that it owns and operates within the regulated area of the small MS4. If
feasible, the inventory may include all applicable permit numbers, registration
numbers, and authorizations for each facility or controls. The inventory must be
available for review by TCEQ and must include, but is not limited, to the following,
as applicable:
a. Composting facilities;
b. Equipment storage and maintenance facilities;
c. Fuel storage facilities;
d. Hazardous waste disposal facilities;
e. Hazardous waste handling and transfer facilities;
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
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f. Incinerators;
g. Landfills;
h. Materials storage yards;
i. Pesticide storage facilities;
j. Buildings, including schools, libraries, police stations, fire stations, and office
buildings;
k. Parking lots;
l. Golf courses;
m. Swimming pools;
n. Public works yards;
o. Recycling facilities;
p. Salt storage facilities;
q. Solid waste handling and transfer facilities;
r. Street repair and maintenance sites;
s. Vehicle storage and maintenance yards; and
t. Structural stormwater controls.
(2) Training and Education
All permittees shall inform or train appropriate employees involved in
implementing pollution prevention and good housekeeping practices. All
permittees shall maintain a training attendance list for inspection by TCEQ when
requested.
(3) Disposal of Waste Material - Waste materials removed from the small MS4 must
be disposed of in accordance with 30 TAC Chapters 330 or 335, as applicable.
(4) Contractor Requirements and Oversight
a. Any contractors hired by the permittee to perform maintenance activities on
permittee-owned facilities must be contractually required to comply with all of
the stormwater control measures, good housekeeping practices, and facility-
specific stormwater management operating procedures described in Parts III
B.5.(2)-(6).
b. All permittees shall provide oversight of contractor activities to ensure that
contractors are using appropriate control measures and SOPs. Oversight
procedures must be developed before the end of the permit term and
maintained on site and made available for inspection by TCEQ.
(5) Municipal Operation and Maintenance Activities
a. Assessment of permittee-owned operations
All permittees shall evaluate operation and maintenance (O&M) activities for
their potential to discharge pollutants in stormwater, including but not limited
to:
(i) Road and parking lot maintenance may include such areas as pothole
repair, pavement marking, sealing, and re-paving;
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(ii) Bridge maintenance may include such areas as re-chipping, grinding, and
saw cutting;
(iii) Cold weather operations, including plowing, sanding, and application of
deicing and anti-icing compounds and maintenance of snow disposal
areas; and
(iv) Right-of-way maintenance, including mowing, herbicide and pesticide
application, and planting vegetation.
b. All permittees shall identify pollutants of concern that could be discharged
from the above O&M activities (for example, metals; chlorides; hydrocarbons
such as benzene, toluene, ethyl benzene, and xylenes; sediment; and trash).
c. All permittees shall develop and implement a set of pollution prevention
measures that will reduce the discharge of pollutants in stormwater from the
above activities. These pollution prevention measures may include the
following examples:
(i) Replacing materials and chemicals with more environmentally benign
materials or methods;
(ii) Changing operations to minimize the exposure or mobilization of
pollutants to prevent them from entering surface waters; and
(iii) Placing barriers around or conducting runoff away from deicing chemical
storage areas to prevent discharge into surface waters.
d. Inspection of pollution prevention measures - All pollution prevention
measures implemented at permittee-owned facilities must be visually
inspected at a frequency determined by the permittee to ensure they are
working properly. A log of inspections must be maintained and made available
for review by the TCEQ upon request.
(6) Structural Control Maintenance
If BMPs include structural controls, maintenance of the controls must be
performed at a frequency determined by the permittee and consistent with
maintaining the effectiveness of the BMP.
(c) Additional Requirements for Level 3 and 4 small MS4s:
In addition to the requirements described in Parts.B.5.(b)(1)-(6) above, permittees who
operate level 3 or 4 small MS4s shall meet the following requirements:
(1) Storm Sewer System Operation and Maintenance
a. Permittees who operate level 3 or 4 small MS4s shall develop and implement
an O&M program to reduce to the maximum extent practicable the collection
of pollutants in catch basins and other surface drainage structures.
b. Permittees who operate level 3 or 4 small MS4s shall develop a list of potential
problem areas. The permittees shall identify and prioritize problem areas for
increased inspection (for example, areas with recurrent illegal dumping).
(2) Operation and Maintenance Program to Reduce Discharges of Pollutants from
Roads
Permittees who operate level 3 or 4 small MS4s shall implement an O&M program
that includes, if feasible and practicable, a street sweeping and cleaning program,
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
Page 43
or an equivalent BMP such as an inlet protection program, which must include an
implementation schedule and a waste disposal procedure. The basis for the
decision must be included in the SWMP. If a street sweeping and cleaning program
is implemented, the permittee shall evaluate the following permittee-owned and
operated areas for the program: streets, road segments, and public parking lots
including, but not limited to, high traffic zones, commercial and industrial
districts, sport and event venues, and plazas, as well as areas that consistently
accumulate high volumes of trash, debris, and other stormwater pollutants.
a. Implementation schedules If a sweeping program is implemented, the
permittee shall sweep the areas in the program (for example, the streets,
roads, and public parking lots) in accordance with a frequency and schedule
determined in the permittee’s O&M program.
b. For areas where street sweeping is technically infeasible (for example, streets
without curbs), the permittee shall focus implementation of other trash and
litter control procedures, or provide inlet protection measures to minimize
pollutant discharges to storm drains and creeks.
c. Sweeper Waste Material Disposal If utilizing street sweepers, the permittee
shall develop a procedure to dewater and dispose of street sweeper waste
material and shall ensure that water and material will not reenter the small
MS4.
(3) Mapping of Facilities
Permittees who operate level 3 or 4 small MS4s shall, on a map of the area
regulated under this general permit, identify where the permittee-owned and
operated facilities and stormwater controls are located.
(4) Facility Assessment
Permittees who operate level 3 or 4 small MS4s shall perform the following facility
assessment in the regulated portion of the small MS4 operated by the permittee:
a. Assessment of Facilities’ Pollutant Discharge Potential - The permittee shall
review the facilities identified in Part III.B.5.(b) once per permit term for their
potential to discharge pollutants into stormwater.
b. Identification of high priority facilities - Based on the Part III.B.5.(c)(4)a.
assessment, the permittee shall identify as high priority those facilities that
have a high potential to generate stormwater pollutants and shall document
this in a list of these facilities. Among the factors that must be considered in
giving a facility a high priority ranking are the amount of urban pollutants
stored at the site, the identification of improperly stored materials, activities
that must not be performed outside (for example, changing automotive fluids,
vehicle washing), proximity to waterbodies, proximity to sensitive aquifer
recharge features, poor housekeeping practices, and discharge of pollutant(s)
of concern to impaired water(s). High priority facilities must include, at a
minimum, the permittee’s maintenance yards, hazardous waste facilities, fuel
storage locations, and any other facilities at which chemicals or other
materials have a high potential to be discharged in stormwater.
c. Documentation of Assessment Results - The permittee shall document the
results of the assessments and maintain copies of all site evaluation checklists
used to conduct the assessments. The documentation must include the results
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
Page 44
of the permittee’s initial assessment, and any identified deficiencies and
corrective actions taken.
(5) Development of Facility Specific SOPs
Permittees who operate level 3 or 4 small MS4s shall develop facility specific
stormwater management SOPs. The permittee may utilize existing plans or
documents that may contain the following required information:
a. For each high priority facility identified in Part III.B.5.(c)(4)b., the permittee
shall develop a SOP that identifies BMPs to be installed, implemented, and
maintained to minimize the discharge of pollutants in stormwater from each
facility.
b. A hard or electronic copy of the facility-specific stormwater management SOP
(or equivalent existing plan or document) must be maintained and be
available for review by the TCEQ. The SOP must be kept on site when possible
and must be updated as necessary.
(6) Stormwater Controls for High Priority Facilities
Permittees who operate level 3 or 4 small MS4s shall implement the following
stormwater controls at all high priority facilities identified in Part III.B.5.(c)(4)b. A
description of BMPs developed to comply with this requirement must be included
in each facility specific SOP:
a. General good housekeeping Material with a potential to contribute to
stormwater pollution should be sheltered from exposure to stormwater when
feasible.
b. De-icing and anti-icing material storage - The permittee shall ensure, to the
MEP, that stormwater runoff from storage piles of salt and other de-icing and
anti-icing materials is not discharged; or shall ensure that any discharges from
the piles are authorized under a separate discharge permit.
c. Fueling operations and vehicle maintenance - The permittee shall develop
SOPs (or equivalent existing plans or documents) which address spill
prevention and spill control at permittee-owned and operated vehicle fueling,
vehicle maintenance, and bulk fuel delivery facilities.
d. Equipment and vehicle washing - The permittee shall develop SOPs that
address equipment and vehicle washing activities at permittee-owned and
operated facilities. The discharge of equipment and vehicle wash water to the
small MS4 or directly to receiving waters from permittee-owned facilities is
not authorized under this general permit. To ensure that wastewater is not
discharged under this general permit, the permittee’s SOP may include
installing a vehicle wash reclaim system, capturing and hauling the wastewater
for proper disposal, connecting to sanitary sewer (where applicable and
approved by local authorities), ceasing the washing activity, or applying for
and obtaining a separate TPDES permit.
(7) Inspections
Permittees who operate level 3 or 4 small Ms4s shall develop and implement an
inspection program, which at a minimum must include periodic inspections of
high priority permittee-owned facilities. The results of the inspections and
observations must be documented and available for review by the TCEQ.
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
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(d) Additional Requirements for Level 4 small MS4s:
In addition to all the requirements described in Parts III.B.5(b) and III.B.5.(c) above,
permittees who operate level 4 small MS4s shall meet the following requirements:
(1) Pesticide, Herbicide, and Fertilizer Application and Management
a. Landscape maintenance - The permittee shall evaluate the materials used and
activities performed on public spaces owned and operated by the permittee
such as parks, schools, golf courses, easements, public rights of way, and other
open spaces for pollution prevention opportunities. Maintenance activities for
the turf landscaped portions of these areas may include mowing, fertilization,
pesticide application, and irrigation. Typical pollutants include sediment,
nutrients, hydrocarbons, pesticides, herbicides, and organic debris.
b. The permittee shall implement the following practices to minimize
landscaping-related pollutant generation with regard to public spaces owned
and operated by the permittee:
(i) Educational activities, permits, certifications, and other measures for the
permittee’s applicators and distributors.
(ii) Pest management measures that encourage non-chemical solutions where
feasible. Examples may include:
(a) Use of native plants or xeriscaping;
(b) Keeping clippings and leaves out the small MS4 and the street by
encouraging mulching, composting, or landfilling;
(c) Limiting application of pesticides and fertilizers if precipitation is
forecasted within 24 hours, or as specified in label instructions;
(d) Reducing mowing of grass to allow for greater pollutant removal, but
not jeopardizing motorist safety.
c. The permittee shall develop schedules for chemical application in public
spaces owned and operated by the permittee that minimize the discharge of
pollutants from the application due to irrigation and expected precipitation.
d. The permittee shall ensure collection and proper disposal of the permittee’s
unused pesticides, herbicides, and fertilizers.
6. Industrial Stormwater Sources
(a) Permittees operating a level 4 small MS4 shall include the requirements described
below in Part III. B.6.(1) this requirement is only applicable to level 4 MS4s
(1) Permittees who operate level 4 small MS4s shall identify and control pollutants in
stormwater discharges to the small MS4 from permittee’s landfills; other
treatment, storage, or disposal facilities for municipal waste (for example, transfer
stations and incinerators); hazardous waste treatment, storage, disposal and
recovery facilities and facilities that are subject to Emergency Planning and
Community Right-to-Know Act (EPCRA) Title III, Section 313; and any other
industrial or commercial discharge the permittee determines are contributing a
substantial pollutant loading to the small MS4. The program must include
priorities and procedures for inspections and for implementing control measures
for such discharges.
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7. Authorization for Construction Activities where the Small MS4 is the Site
Operator
The development of this MCM for construction activities, where the small MS4 is the site
operator, is optional and provides an alternative to the MS4 operator seeking coverage
under TPDES CGP, TXR150000 for each construction activity. Permittees that choose to
develop this measure will be authorized to discharge stormwater and certain non-
stormwater from construction activities where the MS4 operator meets the definition of a
construction site operator in Part I of this general permit. When developing this measure,
permittees are required to meet all requirements of, and be consistent with, applicable
effluent limitation guidelines for the Construction and Development industry (40 CFR Part
450), TPDES CGP TXR150000, and Part III.B.3 of this permit. The authorization to
discharge under this MCM is limited to the regulated area, such as the portion of the small
MS4 located within a UA or the area designated by TCEQ as requiring coverage. However,
an MS4 operator may also utilize this MCM over additional portions of their small MS4 that
are also in compliance with all of the MCMs listed in this general permit. This MCM must
be developed as a part of the SWMP that is submitted with the NOI for permit coverage. If
this MCM is developed after submitting the initial NOI, a NOC must be submitted notifying
the executive director of this change, and identifying the geographical area or boundary
where the activities will be conducted under the provisions of this general permit.
Utilization of this MCM does not preclude a small MS4 from obtaining coverage under the
TPDES CGP, TXR150000, or under an individual TPDES permit.
This MCM is only available for projects where the small MS4 is a construction site operator
or owner, and the MCM does not provide any authorization for other construction site
operators at a municipal project.
Controls required under this MCM must be implemented prior to discharge from a
municipal construction site into surface water in the state.
(a) The MCM must include:
(1) A description of how construction activities will generally be conducted by the
permittee so as to take into consideration local conditions of weather, soils, and
other site specific considerations;
(2) A description of the area that this MCM will address and where the permittees
construction activities are covered (for example within the boundary of the
urbanized area, the corporate boundary, a special district boundary, an extra
territorial jurisdiction, or other similar jurisdictional boundary);
(3) Either a description of how the permittee will supervise or maintain oversight over
contractor activities to ensure that the SWP3 requirements are properly
implemented at the construction site; or how the permittee will make certain that
contractors have a separate authorization for stormwater discharges;
(4) A general description of how a SWP3 will be developed for each construction site,
according to Part VI of this general permit, ”Authorization for Municipal
Construction Activities”; and
(5) Records of municipal construction activities authorized under this optimal MCM,
in accordance with Part VI of this general permit.
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Section C. General Requirements
Permittees shall provide information in the SWMP documenting the development and
implementation of the program. At a minimum, the documentation must include:
1. A list of any public or private entities assisting with the development or
implementation of the SWMP;
2. If applicable, a list of all MS4 operators contributing to the development and
implementation of the SWMP, including a clear description of the contribution;
3. A list of all BMPs and measurable goals for each of the MCMs;
4. A schedule for the implementation of all SWMP requirements. The schedule must
include, as appropriate, the months and years in which the permittee will undertake
required actions, including interim milestones and the frequency of the action
throughout the permit term.
5. A description of how each measurable goal will be evaluated; and
6. A rationale statement that addresses the overall program, including how the BMPs and
measurable goals were selected.
Part IV. Recordkeeping and Reporting
Section A. Recordkeeping
1. The permittee shall retain all records, a copy of this TPDES general permit, and records
of all data used to complete the application (NOI) for this general permit and satisfy the
public participation requirements, for a period of at least three (3) years, or for the
remainder of the term of this general permit, whichever is longer. This period may be
extended by request of the executive director at any time.
2. The permittee shall submit the records to the executive director only when specifically
asked to do so. The SWMP required by this general permit (including a copy of the
general permit) must be retained at a location accessible to the TCEQ.
3. The permittee shall make the NOI and the SWMP available to the public at reasonable
times during regular business hours, if requested to do so in writing. Copies of the
SWMP must be made available within ten (10) working days of receipt of a written
request. Other records must be provided in accordance with the Texas Public
Information Act. However, all requests for records from federal facilities must be made
in accordance with the Freedom of Information Act.
4. The period during which records are required to be kept shall be automatically
extended to the date of the final disposition of any administrative or judicial
enforcement action that may be instituted against the permittee.
Section B. Reporting
1. General Reporting Requirements
(a) Noncompliance Notification
According to 30 TAC § 305.125(9), any noncompliance which may endanger human
health or safety, or the environment, must be reported by the permittee to the TCEQ.
Report of such information must be provided orally or by electronic facsimile
Small MS4 General Permit TPDES General Permit TXR040000 Part IV, Section B
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transmission (FAX) to the TCEQ regional office within 24 hours of becoming aware of
the noncompliance. A written report must be provided by the permittee to the
appropriate TCEQ regional office and to the TCEQ Enforcement Division (MC-224)
within five working days of becoming aware of the noncompliance. The written report
must contain:
(1) A description of the noncompliance and its cause;
(2) The potential danger to human health or safety, or the environment;
(3) The period of noncomplia