• TPDES Draft Small MS4 Permit, Questions and Comparison to NPDES Part I. Definitions Daily Maximum The term Daily Maximum used to describe sampling requirements at Part IV. (Numeric
Effluent Limitations) and at Part VII. D. (Authorization for Municipal Construction Activities) seems subject to interpretation. A clear definition should be included in the permit.
Industrial Activity The term Industrial Activity as used at Part III. A. 4. (e) (Good Housekeeping minimum measure) is subject to interpretation. A clear definition should be included
in the permit. Major Waters The term Major Waters as used at Part II. D. 4. (b) (9) (contents of NOI, site information) is subject to interpretation. A clear definition should be included
in the permit. Part II. Permit applicability and Coverage II. A. 1. and Cover Page Do permit requirements apply to the entire system of an affected MS4? Federal NPDES permit requirements
are specific to the designated urbanized area and do not apply to all of the affected MS4. The TPDES permit specifies that "Small munioipal separate storm sewer systems located in the
state of Texas may disoharge direotly to surface water in the state only according to monitoring requirements and other oonditions set forth in this general permit ... ': This seems
to intend that an MS4 meeting the eligibility requirement at Part II. A. 1. (An MS4 that is fully or partially located within an urbanized area ... ) must apply permit requirements to
all discharges of the MS4, whether in the urbanized area or not. II. B. Allowable Non-Storm Water Discharges Essentially the same list of allowable discharges as the NPDES with the exception
that the TPDES permit specifies pavement and exterior building wash water is allowable if it does not contain detergents or other chemicals. II. C. 1. Discharges Authorized by Another
TPDES Permit The NPDES permit requires that an MS4 covered by an individual permit provide the total square miles of the system [122.33 (b)(2)(i)] if seeking coverage under the general
permit TPDES does not. The TPDES does require for individually permitted MS4s seeking coverage under the general permit' a determination by the executive director taking into consideration
TMDLs. anti-baCksliding policy. history of non-compliance. and other considerations. where the NPDES does not. II. C. 4. Discharges to Water-Quality Impaired Receiving Waters Allows
for discharges to 303(d) listed waters through the general permit by requiring that TMDL conditions be included in the MS4 SWMP. II. C. 6. Discharges to Specific Watersheds and Water
Quality Areas Unique to the TPDES. discharges to watershed protection areas are allowed only as described for the individual watershed or water quality area. 10/21/02 1 
II. C. 7. Protection of Streams and Watersheds by Other Governmental Entities Unique to the TPDES, allowing for more stringent requirements. In particular, to allow for the home rule
municipality. II. D. 1. Application for Coverage Permittees get provisional authorization 2 days after the NOI is postmarked for delivery to TCEQ (24 hrs after confirmation receipt for
electronic NOI). When it is reviewed (note that NO Timeframe GIVEN for review) then it is determined that: A) NOI is complete .-> notification and authorization fie 8) NOI is incomplete
_.> request more info C) Deny coverage .-> need individual permit This section is fairly consistent with (40 CFR 122.33(b)(1)) II. D. 1. a) MS4s Located in an Urbanized Area First part
says that if permit becomes effective before Dec. 9, still have until March 10, 2003; after Dec 9, you have 90 days, so presumably the final compliance date could go past March 10? II.
D. 1. b) Designated MS4s Designated MS4s -same 180 days from notification as NPDES. II. 0.2. Late Submittal of NOI • new concept, not specifically found in 40 CFR but do refer to 122.36
· can submit NOllate, will be accepted, but run risk of enforcement action (as usual) II. 0.3. Storm Water Management Program (SWMP) "must include a time line that demonstrates a schedule
... " = 122.34(d)(1)(ii) "alterations can be made so long as the revisions are summarized in the annual report" = 122.34(g)(3)· annual report; 122.34(g)(3)(iv) • changes II. D. 4. Contents
of the Notice of Intent Section 4 appears new bu1 nothing noteworthy, just detailing general info for NOI. (4) this section only place that requires boundary info, so presume not need
otherwise? (8) requires certification of SWMP but not identify who until later (see Signatory requirement, Sec 8). II. D. 5. Notice of Change (NOC) • new section; phrasing seems redundant;
submit changes within 30 days of discovery. II. 0.8. Signatory Requirement for NOI, NOT, and NOC Forms · presumably this is who certifies SWMP? Ref. 30 TAC § 305.44 3) For a municipality,
state, federal, or other public agency, the application shall be signed by either a principal executive officer or a ranking elected official... (b) A person Signing an application shall
make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system deSigned
to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and 10121102 2 
complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." II. D. 9. Fees NOI
fee of $100, none for NOT or NOC Requires an annual fee of $100 for wastewater inspection May require an annual watershed monitoring and assessment fee II. D. 10. Permit Expiration -general
permit only lasts 5 years then must be renewed by Commission, if not, then all permittees must get an individual permit. II. E. 1. Authorizations Under the General Permit MS4s must get
either a general permit or an individual permit. If MS4s are interconnected but with multiple operators, each must get own permit. Can combine or share efforts but still need own SWMP.
II. E. 1. (a) Participants Need to identify co-participants and provide confirmation of participation II. E. 1. (b) Responsibilities each permittee responsible for SWMP within boundaries
of MS4; if sharing responsibility for SWMP, must clearly define contribution and by whom. II. II. E. 2. Alternative Coverage under an Individual TPDES Permit -gives reasons why may be
required to obtain an individual permit but doesn't give any specific requirements about the individual permit; not know if it is better or worse? II. F. Are waiver forms available yet?
Note that it is the responsibility of the potential permittee to request the waiver and there is a deadline of March 10, 2003, after which you must get a permit. The specific waiver
requirements are verbatim NPDES requirements except that it did not include the definition of pollutants of concern that EPA included. These were appropriately moved to the definitions
section at the beginning. II. F. 1.(b) Waivers What will be he status of an MS4 that intends to apply for waiver option 1 if the EPA has not approved or established a TMDL for the pollutant
of concern. II. G. Designation Criteria EPA required the regulatory authority to develop designation criteria and gave some general requirements and a few more specific suggestions.
TCEQ incorporated the general suggestions in # 1-3 and #6 to protect sensitive waters and designated uses. They added #4 that specifically addressed 303(d) segments with a TMDL and expanded
in #5 regarding adjacent small MS4s contributing pollutants to a regulated MS4 that a request for designation had to be made. TCEQ is applying the designation criteria to ALL entities
and not limiting it to EPA's suggestion of entities with a population of at least 10,000 and 1,000 persons per square mile, nor to consideration of high growth potential or contiguity
to an urbanized area. lOnI!02 3 
Part III. Storm Water Management Program This section addresses the Minimum Control Measures (MCMs) and provides statements in the first paragraph that cover all the MCMs. • Development
and implementation of the MCM must be done to the extent allowable by state and local law, such that entities without the authority to create and enforce ordinances are not required
to do so. • Applicability of the MCM is for storm water discharges that reach Waters of the United States as opposed to surface water in the state. • Existing programs or BMPs may be
used in the MCMs. Minimum Control Measure: III. A. 1. PUBLIC EDUCATION Comparison of federal (NPDES) and slate (TPDES) draft general perm:==its::-_____--, NPDES Public education and
outreach on storm water impacts. (i) You must implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about
the impacts of storm water discharges on water bodies and the steps that the public can take to reduce pollutants in storm water runoff. Notes: DRAFT TPDES (Differences noted in bold)
1. Public Education and Outreach on Stomn Water Impacts (a) A public education program to distribute educational materials to the community or conduct equivalent outreach activities
that will be used to inform the following groups within the MS4 area: (1) residents; (2) viSitors; (3) public service employees; (4) businesses; (5) commercial and industrial facilities;
and (6) construction site personnel. The outreach must inform the public about the impacts polluted storm water 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 storm water quality. (b) Via documentation, the MS4 operator must ensure that a reasonable attempt was made
,to reach all constituents within the MS4 area Ito meet this measure. 1. NPDES language is very general in regards to identifying any targeted audiences for public education and outreach.
NPDES does recommend reaching out to diverse audiences in the guidance section, whereas TPDES specifies the audiences that must be targeted. 2. TPDES goes a step further in requiring
effort be demonstrated to conduct outreach to all , constituents, and that documentation be kept to that effect. 10/21102 L 
i Minimum Control Measure: IIi. A. 2. PUBLIC INVOLVEMENT Comparison of federal (NPDES) and state (TPDES) draft !leneral oermits NPOES Public involvement/participation. (i) You must,
at a minimum, comply with State, Tribal and local public notice requirements when implementing a public involvement/participation program. Notes: DRAFT TPOES (Differences noted in bold)
Public Involvement/Participation (a) Identify and implement a public involvement and participation program. This must include provisions to allow opportunities for all constituents within
the MS4 area to participate in the storm water management program development and implementation. (b) The MS4 operator must, at a minimum, comply with State and local public notice requirements
when implementing a public involvement/participation program. (c) The MS4 operator must, via documented efforts, ensure that sufficient opportunities were allotted to Involve all constituents
interested in participating in the program process to meet this measure. Correctional facilities will not be required to implement this MCM. 1. NPDES rule language provides minimal requirements.
The guidance section of the NPDES does recommend that the public be included in developing. reviewing. and implementing the storm water management program. TPDES specifies that the MS4
create opportunities for public involvement. 2. TPDES goes a step further in requiring documentation that sufficient effort was made to ensure public participation. 10121102 5 
Minimum Control Measure: III. A. 3. Illicit Discharges NPDES Sec. 122.34 (b) (3}llIicit discharge detection and elimination. (i) You must develop, implement and enforce a program to
detect and eliminate illicit discharges (as defined at Sec. 122.26(b)(2» into your small MS4. (ii) You must: (A) Develop, if not already completed, a storm sewer system map, showing
the location of all outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; (6) To the extent allowable under State, Tribal
or local law, effectiyely prohibit, through ordinance, or other regulatorv mechanism. non-storm water discharges into your storm sewer system and implement appropriate enforcement procedures
and actions; (C) Develop and implement a plan to detect and address non-storm water discharges, including illegal dumping, to your system; and (D) Inform public employees, businesses,
and the general public of hazards associated with illegal discharges and improper disposal of waste. (iii) You need address the follOwing categories of non-storm water discharges or
flows (i.e., illicit discharges) only if you identify them as significant contributors of pollutants to your small MS4: water line flushing, landscape irrigation, diverted stream flows,
rising ground waters, uncontaminated ground water infiltration (as defined at 40 CFR 5.2005(20», uncontaminated pumped ground water, discharges from potable water sources, foundation
drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian
habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire Draft TPDES (Differences noted in bold) Part III. A. 3. Illicit Discharge
Detection and Elimination (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, ordinance or other regulatory mechanism, used to effectively prohibit illicit discharges. (1) Detection The SWMP must list the techniques used for detecting illicit
discharges. (2) Elimination The SWMP must include appropriate enforcement procedures and actions for removing the source of an illicit discharge, (b) Non-Storm Water Discharges A section
within the SWMP must be developed to establish a program to detect and address non-storm water discharges and illegal dumping to the MS4. All non-storm water flows, including those listed
in Part II.B. and Part VII. B., must be considered by the permittee to determine if they are a significant contributor of pollutants to the MS4, All non-storm water discharges that significantly
contribute pollutants to the MS4 must be effectively prohibited. The prohibition must be done through an ordinance, or other regulatory mechanism unless the MS4 operator does not have
the authority to develop ordinances or other regulatory mechanisms. The regulations must include appropriate enforcement procedures and actions. Fire fighting activities are excluded
from being prohibited and only need to be addressed if they are determined to be a significant contributor of pollutants to the MS4. (c) Incidental Non-Storm Water Discharges A list
of occasional incidental non-storm water discharges that will not be addressed as illicit discharges may also be developed. If 'developed, the listed discharges must not be fi htin activities
are excluded from the :;:eff:::e:::;c:::t;,.:iv",e---lI.-'.r""ea""s:::o",n",a",b:J,ly...:e::.x",p""e;:::ct",e",d..,:to=b.:::e..::s",ig",n",if.:.::ic",a",n,,-tso=u""r",ce:::;s::..o:;::fC-'
6 
prohibition against non-Sturm water and need only be addressed where they are identified as significant sources of pollutants to waters of the United States}. Noles: pollutants, because
of either the nature of the discharge or the conditions that have been established for allowing Ihese discharges to the MS4. Any local conlrols or conditions placed on these discharges
must be documented in the SWMP. The SWMP must also include a provision prohibiting any individual nonstorm water discharge that is determined to be contributing significant amounts of
pollutants to the MS4 (d) Storm Sewer Map (1) A map of the storm sewer system must be developed and must include the following: (i) the location of storm sewer pipes, ditches, and other
conveyances owned by the permittee, or at a minimum, the drainage area for each outfall; (ii) the location of all major outfalls; and (iii) Ihe names and locations of all waters of the
U.S. that receive discharges from the outfalls. (2) 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. • Where the NPDES specifies a program musl prohibit non-storm water discharges through ordinance. or other regulatory mechanism to the extent allowable
under State, Tribal or local law, the TPDES language allows for other mechanisms in paragraph "(b) Non-Storm Water Discharges", but not in "(a) Illicit Discharges" • The NPDES requirements
list non-storm water discharges that should be addressed only if determined to contribute poliulSnts (also referred to as allowable discharges). In Part II. B. the TPDES permit states
that these same discharges are not required to be addressed provided they have not been determined to substantial sources of pollutants. However, in paragraph a} 2. above the TPDES permit
states that these discharges "must be considered by the permittee to determine if they are a significant contributor of pollutants to the MS4". • The only reference to individual non-storm
water discharges in the above NPDES text is "individual residential car washing" found in the list of allowable non-storm water discharges. The TPDES permit has a specific requirement
for "a provision prohibiting any individual non-storm water discharge that is determined to be contributing Significant amounts of pollutants to the MS4" • NPDES mapping requirements
are only for the outfalls of the MS4 system and naming the receiving waters. TPDES requires a map of "storm sewer pipes, ditches, and other conveyances" , or at a minimum 􀀧􀁾􀁨􀁥􀀠drainage
area for each outfall". TPDES also requires the location of all major outfalls and 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. 7 I 
Minimum Control Measure: . III. A. 4. Pollution Prevention/Good Housekeeping for Municipal Operations Comparison of lederal (NPDES) and state (TPDES) draft general permits NPDES Sec.
122.34 (b) (6) Pollution preventionfgood housekeeping for municipal operations. (i) You must develop and implement an operation and maintenance program that includes a training component
and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Using training materials that are available from EPA, your State, Tribe, or other organizations,
your program must include employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction
and land disturbances, and storm water system maintenance. Draft TPDES (Differences noted in bold) Part III. A. 4. Pollution Prevention/Good Housekeeping for Municipal Operations A section
within the SWMP must be developed to establish an operation and maintenance program. The operation and maintenance program must have the ultimate goal of identifying methods and practices
for conducting municipal operations in a manner to prevent or reduce pollution in storm water runoff. (a) Good Housekeeping and Best Management Practices Controls must be used to reduce
or eliminate the discharge of pollutants when runoff from municipal operations is determined to be a significant contributor of pollution to the MS4. Examples of municipal operations
and municipally owned areas include, but are not limited to: (1) pari< and open space maintenance; (2) street, road, or highway maintenance; (3) fleet and building maintenance; (4) storm
water 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) saillsand storage locations. (b) Training A training program must be developed for all employees responsible for municipal operations subject to the pollution preventionfgood
housekeeping program. The training program must include training materials directed at preventing and reducing storm water pollution from municipal operations. Examples or descriptions
of training materials being used must be included in the SWMP. (c) Structural Control Maintenance If best management practices include structural controls, maintenance of the , 8 
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 foliowing: (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 Waste removed from the
MS4, from structural controls, or collected as a result of municipal operations and maintenance activities 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 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 storm water regulations. The SWMP must include a individual permit number, general permit authorization number, or a
copy of a signed NOI or NEG (no exposure certification form for TPDES General Permit TXR050000) for each industrial activity conducted by the MS4 and subject to TPDES storm water regulations.
If an NOI or NEG has : been submitted, but an acknowledgment has not yet been received from the TGEQ, a copy of the submitted NOI or NEG Form may be made readily available. Notes: •
The TPDES permit substantially expands on the NPDES language, specifying four areas of a pollution prevention program that are not specifically presented in the NPDES; 0 Good Housekeeping
and Best Management Practices 0 Structural Control Maintenance 0 Disposal of Waste 0 Municipal Operations and Industrial Activities These requirements can be considered as practices,
or BMPs, obviously applicable to achieving the intent of the NPDES language. The TGEQ appears to view these as basic pieces of a management plan, and critical enough to warrant making
them requirements. : 9 
Minimum Control Measure: III. A. 5. Construction Site Storm Water Runoff Control .--____􀀭􀀭􀀧􀁃􀀺􀀺􀀮􀀮􀀺􀁯􀀺􀀮􀀺􀀮􀀺􀁭􀀽􀁰􀁾􀁡􀀺􀀺􀀮􀀮􀀺􀁲􀁩􀁳􀀺􀀺􀀻􀁯􀀺􀀮􀀺􀀻􀁮􀀧􀁟􀀧􀁯􀀺􀀮􀀺􀀮􀁦􀀮􀀮􀀺􀀮􀀺􀁦􀁥􀀺􀀮�
�􀀺􀁤􀀺􀀺􀀺􀁥􀀢􀀧􀁲􀁡􀀺􀀻􀀮􀁬􀁟􀀢􀀠 􀁰􀁅􀁥􀀺􀀮􀀺􀀮􀁲􀁭􀀢􀀬􀁩􀀽􀁴􀁳􀀬􀀭􀀭􀁾__..____(IN.::P...::D""E=.:S:.t>-,"a",n,.d􀀻􀀺􀀺􀀻􀀮􀁳􀁬􀀺􀀽􀁡􀀺􀀮􀀺􀀮􀀺􀁬􀁥􀀬􀀭􀀬􀀧􀁦􀁾􀁔􀀬􀀭􀁐􀀽􀀭􀁄􀀭􀀽􀁅􀀽􀀭􀁓􀁽􀀬􀀭􀁤􀀢�
�􀁲􀀭􀀽􀁡􀁦􀁴􀀺􀀮􀀺􀀮􀀧􀀭􀀽􀀭􀀺􀁧􀁅􀁥􀁮􀀭􀀢􀁥􀀺􀀮􀀺􀀮􀁲􀁡􀀢􀀬􀁬􀀭􀀬􀀽􀀠NPDES Draft TPDeS (i) You must develop, implement, and enforce a program to reduce pollutants in any storm water
runoff to your small MS4 from construction activities that result in a land disturbance of grester than or equal to one acre. Reduction of storm water discharges from construction activity
disturbing less than one acre must be included in your program if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more.
(ii) Your program must include the development and implementation of, at a minimum: (A) 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, Tribal, or local law; (8) Requirements for construction site operators to implement appropriate eroSion and sediment
control best management practices [8MPs]; (C) Requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter,
and sanitary waste at the construction site that may cause adverse impacts to water quality; (D) Procedures for site plan review which incorporate consideration of potential water quality
impacts; (E) Procedures for receipt and consideration of information submitted by the public; (F) Procedures for site inspection and enforcement of control measures. Notes: The MS4 operator
must develop, implement, and enforce a program to reduce pollutants in any storm water runoff to the MS4 from construction activities that result in a land disturbance 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. The MS4 operator is not required to
develop, implement, andlor enforce a program to reduce pollutant discharges from sites that the TCEQ has waived the permitting requirements for storm water discharges associated with
small construction activities. (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 best management practices; 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 impacts to water quality; (c) The MS4 operator 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. 'l> The permit
conditions between the NPDES and Draft TPDES permits appear to be identical. 'l> Slight variation exists between the two versions in organizational structure. 10 
Minimum Control Measure: III. A. 6. Post-Construction Storm Water Management in New Development and Redevelopment Comoarison of federal iNPDES) and state (TPDESl draft General oermits
NPDES Draft TPDES You must develop, implement, and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal
to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into your small MS4. Your program must ensure that controls
are in place that would prevent or minimize water quality impacts. You must: • Develop and implement strategies which include a combination of structural and/or non-struotural best management
praotices (BMPs) appropriate for your community; • Use an ordinanoe or other regulatory mechanism to address post-oonstruction runoff from new development and redevelopment projeots
to the extent allowable under State, Tribal or local law; • Ensure adequate long-term operation and maintenanoe of BMPs. Notes: The MS4 operator must develop, implement, and enforce
a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are
part of a larger oommon plan of development or sale that will result in disturbance of one or more acres, that discharge into the small MS4. The program must ensure that oontrols are
in place that would prevent or minimize water quality impacts; (a) Develop and implement strategies which include a combination of structural and/or non-structural BMPs appropriate for
your community; (b) Use an ordinance or other regulatory meohanism to address post-construction runoff from new development and redevelopment projects to the extent allowable i under
State and local law; and (0) Ensure adequate long-term operation and maintenance of BMPs. » The permit conditions between the NPDES and Draft TPDES permits appear to be identical. 11

Minimum Control Measure: III. A. 7. (and Part VII.) Authorization for Municipal Construction Activities Com arison of federal NPDES) .andslale (TPDES) draft general permits NPDES There is no similar provision in the NPDES Final Rule for authorization of municipal construction activities. Local governments would be required
to obtain coverage under a separate permit for each of their public construction projects that disturb greater than one acre. Draft TPDES The development of a MCM for municipal construction
activities is an optional measure and is an alternative to the MS4 operator seeking coverage under TPDES general permit TXR150000. Additionally, contractors working for the permittee
are not required to obtain a separate authorization as long as the permittee meets the status of "construction site operator" and remains compliant with the conditions of this of this
general permit. Permittees that choose to develop this measure wilt be authorized to discharge storm water and certain non-storm water from from construction activities where the permittee
can meet the definition of "construction site operator" in Part I of this general permit. This MCM must be developed as a part of the SWMP that is submitted with the initial NOI for
permit coverage. If this MCM is developed after submittal of 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 permit. (a) The MCM must include: (i) 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; (ii) a description of the area that this MCM
will address and where the permittees construction activities are covered (e.g. within the boundary of the urbanized area, the corporate boundary, a special district boundary, an extra
territorial jurisdiction, or other similar jurisdictional boundary); and (iii) 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 storm
water discharges. (b) The MCM must include a general description of how a SWP3 shall be developed, according to Part VII.E. of this general permit, for each construction site. 12 
Explanation All construction activities disturbing greater than 5 acres have been regulated by the EPA since 1993. Cities under 100,000 in population have been exempt from the NPDES
requirement for their own public construction activities (40 CFR 122.26(e)(1 )(ii) and (g)). The NPDES regulations stipulated that municipalities with a population of less than 100,000
were exempt from requirements to apply for or obtain a permit for any storm water discharge associated with an "industrial" activity until August 7,2001 (construction activities disturbing
5 or more acres is defined as an industrial activity under the NPDES regulations). The Phase II Final Rule extended the August 7,2001 expiration of the exemption to March 10,2003. Also
after March 10, 2003, small construction activities (those that disturb between one and five acres) will also be regulated. This means that after March 10, 2003 all local governments
will be required to obtain coverage for their own public construction projects that disturb greater than one acre. Section III.A.7. of the TPDES MS4 permit contains provisions whereby
the MS4, where it is the construction site operator, may obtain coverage for discharges associated with their own construction activities. Contractors on municipal projects also would
not have to be covered under a separate permit where the MS4 is the operator under conditions established by this provision .•• Section VII. contains the requirements that local governments
must comply with in order to obtain permit coverage under this provision. These requirements are nearly identical to those found in TPDES General Permit TXR150000 (General Permit to
Discharge Waste from Construction Sites). The primary advantage for local governments is that there is no need to submit an NOI and pay permit fees to the state for coverage under the
construction permit for each construction activity. A Storm Water Pollution Prevention Plan for each small and large construction activity must still be prepared and implemented. MS4s
are required to summarize in the annual report pertinent information related to the construction activities performed in the previous year. Local governments that choose not to inClude
this component in their storm water management plans must obtain separate coverage for their construction activities that disturb greater than one acre under TPDES General Permit TXR150000
(General Permit to Discharge Waste from Construction Sites) . • other than an airport, power plant, or uncontrolled sanitary landfill owned or operated by such municipality ** Construction
Site Operator -The MS4 operator associated with a construction project that rneets all of the following criteria: (a) the operator has operational control over construction plans and
speCifications to the extent necessary to meet the requirements and conditions of this general permit; and (b) the operator has day-to-day operational control of those activities at
a project which are necessary to ensure compliance with a storm water pollution prevention plan for the site site or other permit conditions (e.g. they are authorized to direct workers
at a site to carry out activities required by the Storm Water Pollution Prevention Plan or comply with other permit conditions). 13 
\ Part IV. Numeric Effluent Limitations Applies specifically to concrete batch plants. No reporting is required, yet a discharge monitoring report (DMR) is attached to the permit. Note
that Daily Maximum is not defined. Part V. Recordkeeping and Reporting V. A.1. Recordkeeping TPDES will require records be kept for a minimum of three years and./or for the duration
of the permit term, whichever is longer. V. A.3. Open Records The public must request copies of the NOI and SWMP in writing. Those documents must be made available within 2 working days
of receiving the request. Requests for other supporting records must be provided within 10 working days, or within a reasonable and lawful amount of time as stipulated by the Public
Information Act. Nominal charges to research and reproduce records, may be applied to the public. V. B.1. (a) Noncompliance Notification TPDES stipulates that Noncompliance Notification
must be given to the TCEQ regional office in the event of a situation that endangers public health or or safety, or the environment. Notification must be made 24 hrs. after discovery
of noncompliance via phone or in person (orally) or via FAX. A written report must be sent to the TCEQ regional office and to the TCEQ Enforcement Division (MC224) within five days of
discovery of noncompliance. Report must state the noncompliance situation (exactly when, where, how, and duration) and its potential danger to public health or safety, or the environment.
The report must state whether or not the noncompliance has been corrected. If no corrective steps have been taken, the report must state the anticipated duration of the situation and
must layout a plan to mitigate, reduce, eliminate and prevent recurrence of the noncompliance. V. B.2.Annual Report TPDES will require a concise annual report be submitted by March 31
st of the following year for the duration of the permit term. NPDES states that annual reports must be made for the first permit term; however, for subsequent permit terms reports are
due years 2 &4 unless the permitting authority specifies otherwise. Draft TPDESdoes not specify provisions for annual reporting in subsequent permit terms. V.B.2. (c) BMP Credits If
an activity (or BMP) was effective three years prior to permit issuance, the permittee can take credit for that in the first annual report. V.B.2. (g -h) Construction Activities Annual
report must state the total number of municipal construction activities and the total number of acres disturbed. The total number of non-municipal 14 
, ) construction activities that took place within the permittee's jurisdiction must also be reported. V.B.2. OAk) Co-permitting Responsibilities TPDES states that all co-permittees
must collaborate in producing a system-wide report. NPDES states that if your co-permittee agrees to file annual reports on your behalf, you must state that in the NOI and you are not
required to file annual reports; however, you are still liable for compliance. NPDES strongly encourages that co-permittees enter into a legally binding agreement. TPDES states that
each permitee must sign and certify the annual reports according to stipulations in Part VII.E.1.(a) [po 32]. Note that this reference appears to be a typo the reference probably was
intended to Part VI. 6. [po 30]. Part VI. Standard Permit Conditions VI. 3. This section needs more clarification: "It is not a defense for a discharger in an enforcement action that
it would have been necessary to halt or reduce the permitted activity to maintain compliance with the permit permit conditions. VI. 4. Provisions for inspections are stipulated under
Texas Water Code, Health and Safety Code, and Code of Federal Regulations. Entry cannot be denied or restricted on the basis of safety, internal security, and fire protection. Inspectors
will observe appropriate rules and regulations during an inspection. VI. 5. (a). Administrative, civil and criminal penalties stipulated by Texas Water Code will apply for negligently
and knowingly violating the CWA, the TPDES permit, or any requirement imposed in a pre-treatment program approved under the CWA. V1.7. Obtaining a TPDES permit does not authorize any
exclusive privilege, property or water rights to the permittee. 15 
TPDESGENERALPERNUT No. TXR040000 This is a new general permit issued pursuant to Section 26.040 of the Texas Water Code and Section 402 of the Clean Water Texas Commission on Envir,()mnerJlal
P.O. BOX 13087 Austin, TX 7871 under Section 402 ofthe and Chapter 26 ofthe Small municipal separate storm sewer systems located in the state ofTexas may discharge directly to surface
only according to monitoring set forth in this general permit, as well as the rules ofthe Texas Quality (TCEQ), the laws ofthe State (Commission). The issuance ofthis to use private
or public property for discharge along the discharge route. This pmited to any individual, partnership, corporation or other .th"';"fl any invasion ofpersonal rights nor any violation
It is the responsibility of the permittee to acquire the discharge route. 5'rizaticmcontained herein shall expire at midnight five years after For the Commission TCEQ GENERAL PERMIT
NUMBER TXR040000 
TPDES General Permit TXR040000 RELATING TO STORM WATER DISCHARGES ASSOCIATED WITH SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS Table of Contents Part I. Defmitions .... , ...... , ................
"., .... " ....... ", .... ,.. Page 3 Part n. Pennit Applicability and Coverage .. , .......... , .. , ......... , , , . , , ,. Page 8 A. MS4s Eligible for Authorization by General Permit
. . . . . . . . . . . . . . . . .. Page 8 B. Discharges Authorized by this General Permit ., .................. ,. Page 8 C. Limitations on Permit Coverage ..................... ,...........
Page 9 D. Obtaining Authorization ................ , ..................... Page 12 E. Permitting Options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .. Page 16 F. Waivers ................................................... Page 17 G. Designation Criteria .......................................... Page 18 Part Ill. Storm Water
Management Program .................. ',' ........... Page 19 A. Minimum Control Control Measures .............. ' .. _,__ ................ Page 19 B. General Requirements ...........................
............. Page 26 Part IV. Numeric Emuent Limitations ..................................... Page 26 Part V. Recordkeeping and Reporting ..................................... Page
27 A. Recordkeeping .. . . . . . .. . .. . .. . .. . .. . . . .. .. . .. . .. . .. .. . .. . ... Page 27 B. Reporting .............................. . . . . . . . . . . . . . . . . .
. .. Page 27 Part VI. Standard Permit Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Page 29 Part VII. Authorization for Municipal Construction
Activities ...... , . . . . . . . . .. Page 31 A. Eligible Construction Sites .................................... Page 31 B. Discharges Eligible for Authorization ............................
Page 31 C. Limitations on Permit Coverage ................................ Page 32 D. Numeric Effluent Limitations .................................. Page 32 E. Storm Water Pollution
Prevention Plan, ........................ " Page 32 F. Effective Date ofCoverage .................................... Page 33 G. Deadlines for SWP3 Preparation and Compliance ..................
Page 33 H. Plan Review and Making Plans Available. . . . . . . . . . . . . . . . . . . . . . . .. Page 33 1. Keeping Plans Current .. . . . . . . . . . .. . . . .. . . . . . . .. . .
. . . . . .. . . . .. Page 33 J. Contents ofSWP3 ........................................... Page 34 K. Additional Retention ofRecords Requirements .................... Page 40 Attachment
1 Construction Site Notice ..................................... Page 41 Attachment 2 Discharge Monitoring Report for Concrete Batch Plants ............ Page 42 Page 2 
TPDES General Permit TXR040000 Part I. Definitions Best Management Practices (BMPs) -schedules of activities, prohibitions of practices, maintenance procedures, and other management
practices to prevent or reduce the pollution. BMPs also include treatment requirements, operating procedures, and practices to control runoff, spillage or leaks, sludge or waste disposal,
or drainage from raw material storage. Clean Water Act (CWA) -The Federal Water Pollution Control Act or Federal Water Pollution Control ActAmendments ofl972, Pub.1. 92-500, as amended
Pub. 1. 95-217, Pub. 1. 95-576,Pub. 1. 96-483 and Pub. L. 97-117,33 U.S.C. 1251 et.seq. Construction Site Operator -The MS4 operator associated with a construction project that meets
all ofthe following criteria: (a) the operator has operational control over construction plans and specifications to the extent necessary to meet the requirements and conditions ofthis
general permit; and (b) the operator has day-to-day operational control ofthose actmitiel>aEa;.pmject which are necessary to ensure compliance with a storm water pollution prevention
plan for the site or other permit conditions (e.g. they are authorized to direct workers at a site to carry out activities required by the Storm Water Pollution Prevention Plan or comply
with other permit conditions). Control Measure -any Best Management Practice or other method used to prevent or reduce the discharge ofpollutants. Conveyance -Curbs, gutters, man-made
charmels and ditches, drains, pipes, and other constructed features designed or used for flood control or to otherwise transport storm water runoff. Discharge -when used without a qualifier,
refers to the discharge of storm water runoffor certain non-storm water discharges as allowed under the authorization ofthis general permit. Final Stabilization -A construction site
status where either ofthe following two conditions are met: 1. All soil disturbing activities at the site have been completed and a uniform (e.g, evenly distributed, without large bare
areas) perennial vegetative cover with a density of 70% of the native hackground 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 ofriprap, gabions, or geotextiles) have been employed. Page 3 
TPDES General Permit TXR040000 2. For construction projects on land used for agricultural purposes (e.g. 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 that are not being returned to their preconstruction agricultural use must meet the fmal stabilization conditions of condition I above. lllicit
Connection -any man-made conveyance connecting an illicit discharge directly to a mnnicipal separate storm sewer. Illicit Discharge -any discharge to a municipal separate storm sewer
that is not entirely composed ofstorm water, except discharges authorized under this general permit or a separate TPDES pennit and discharges resulting from fire fighting activities.
Indian Country -defined in 18 USC Section ll5I, means (a) all land within the limits of any Indian reservation under the jurisdiction of the Uruted States Government, notwithstanding
the issuance of any patent, and including rights-of-way runrung through the reservation; (b) all 􀁾􀁥􀁮􀁴Indian communities within the borders ofthe Uruted States whether w;itlUnthe>:\.\riginal
or subsequently acquired territory thereof; and whether within or without the limits ofa state, and (c) all Indian allotments, the Indian titles to which have not been extinguished,
including rights-ofway running through the same. This defmition includes all land held in trust for an Indian tribe. Inflltration -water other than wastewater that enters a sewer system,
including sewer service connections and foundation drains, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Large Construction Activity -Construction
activities including clearing, grading, and excavating that result in land disturbance ofequal to or greater than five (5) acres ofland. Large construction activity also includes the
disturbance ofless than five (5) acres of total land area that is part ofa larger common plan ofdevelopment or sale ifthe larger common plan will ultimately disturb equal to or greater
than five (5) acres of land. Large construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original
purpose of a ditch, channel, or other similar storm water conveyance. Major Outfall -an out:full that discbarges from a single pipe with an inside diameter of36 inches or more or its
equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area ofmore than 50 acres); or for municipal separate storm sewers that receive
storm water from lands zoned for industrial activity (based on comprehensive zorung plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of
12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more). Page 4 
TPDES General Pennit TXR040000 Maximum Extent Practicable (MEP) -the technology-based discharge standard for municipal separate storm sewer systems to reduce pollutants in storm water
discharges that was established by CWA §402(P). A discussion ofMEP as it applies to small MS4s is found at 40 CFR 122.34. Small Municipal Separate StormSewer System (MS4) -a conveyance
or system ofconveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) Ownedoroperatedbythe
United States, a state, city, town, borough, county, district, association, or other public body (created by or pursuant to State law) baving jurisdiction over disposal of sewage, industrial
wastes, storm water, 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 Section 208 ofthe CWA; (ii) Designedor used for collecting or conveying storm
water; (iii) Which is not a combined sewer; and (iv) Which is not part ofa publicly owned treatment works (pOTW) as defmed at 40 CFR Section 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; (vi) Which does not include very discrete systems such as those serving individual
buildings. Notice-of Intent (NOI) -A written submission to the executive director from an applicant requesting coverage under this general permit. MS4 Operator -the owner or public entity
that is responsible fur the management and operation ofthe municipal separate storm sewer system and is subject to the provisions ofthis general permit. Permittee -the MS4 operator authorized
under this general permit. Permitting Authority -for the purposes ofthis general permit, the TCEQ. Pollutant(s) ofConcern -include biochemical oxygen demand (BOD), sedimentoraparameter
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 Section 122.32(e)(3». Redevelopment -alterations ofa property that changes the "footprint" ofa site or building
in such a way that there is a disturbance of equal to or greater than I 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 ofequal to or greater than one (I) acre and less than five (5) acres of land. Small construction
activity also includes the disturbance ofless than one (I) acre oftotalland area that is part ofa 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 Page 5 
TPDES General Pennit TXR04QOOO construction activity does nol include routine maintenance thaI is performed 10 maintain the original line and grade, hydraulic capacity, and original
purpose ofa ditch, channel, or other similar storm water conveyance. Small Municipal Separate Storm Sewer System (small MS4, MS4 or System) -a conveyance or system ofconveyances (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, city,
town, borough, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal ofsewage, industrial wastes, storm water, 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 Section 208 ofthe CWA; (ii) Designedor used for collecting or conveying storm water; (iii) Which is not
a combined sewer; and (iv) Which is not part ofa publicly owned treatment works (pOTW) as defmed at 40 CFR Section 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; (vi) Which does not include very discrete systems such as those serving individual buildings. Storm Water
-storm water runoff, snow melt runoff, and surface runoff and drainage. Storm Water Associated with Construction Activity -Storm water runoff from an area where there is either a large
construction activity or a small construction activity. Storm WaterManagement Program (SWMP) -acomprehensive program to manage the quality of storm water discharged from the muni cipal
separate storm sewer system. Surface Water in the State -Lakes, bays, ponds, impounding reservoirs, springs, rivers, stresms, creeks, estuaries, wetlands, marshes, inlets, canals, the
Gulf ofMexico inside the territorial limits ofthe 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 ofall water-courses and bodies of surface water, that are wholly or partially inside or
bordering the state or subject to the jurisdiction ofthe state; except that waters in treatment systems which are authorized by state orfederal law, regulation, or permit, and which
are created for the purpose ofwaste treatment are not considered to be water in the state. Total Maximum Daily Load (TMDL) -the maximum amount of a pollutant that a lake, river, stream,
or estuary can receive and still maintain Texas Surface Water Quality Staodards. Urbanized Area (VA) -an area of high population density that may include multiple MS4s as defined and
used by the U.S. Census Bureau in the 1990 and 2000 decennial census. Page 6 
TPDES General Permit TXR040000 Waters ofthe United States -(from 40 CPR Section 122.2) Waters ofthe United States or waters ofthe 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 al\ waters which are subject to the ebb and flow ofthe 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 ofwhich would affect or could affect interstate or foreign commerce including any such waters: (l)
which are or could be used by interstate or foreign travelers for recreational or other ptuposes; (2) ... . fiom 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 ptuposes by industries in interstate commerce; (d) all impoundments ofwaters otherwise defined as waters ofthe
United States under this definition; (e) tributaries ofwaters identified in paragraphs (a) through (d) ofthis 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 7 
TPDES General Penni! TXR040000 Part n. Permit Applicability and Coverage This general permit provides authorization for storm water and certain non-storm water discharges from small
municipal separate storm sewer systems (MS4) to surface water in the state. The permit contains requirements applicable to all MS4s that are eligible for coverage under this general
permit. A. MS4s Eligible for Authorization by General Permit 1. MS4s Located in an Urbanized Area An MS4 that is fully or partially located within an urbanized area, as determined by
the 1990 or 2000 Decennial Census by the U.S. Bureau of Census, must obtain authorization for the discharge of storm water runoff and is eligible for coverage under this general permit.
2. Designated MS4s An MS4:that-ilS<'Ciesignated as requiring authorization based on the criteria in Part ItG ofthis general permit, and is notified by the !CEQ ofthe need to obtain permit
coverage, is eligible for coverage under this general permit. B. Allowable Non-Storm Water Discharges Discharges The following non-storm water sources may be discharged from the MS4
and are not required to be addressed in the MS4s lllicit Discharge and Detection, or other minimum control measures, provided that they have not been determined by the permittee to be
substantial sources ofpollutants to the MS4: (a) water line flushing; (b) runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation utilizing potable water,
groundwater, or surface water sources; (c) discharges from potable water sources; (d) diverted stream flows; (e) rising ground waters and springs; (f) uncontaminated ground water infiltration;
(g) uncontaminated pumped ground water; Page 8 :::, 
TPDES General Permit TXR040000 (h) foundation and footing drains; (i) air conditioning condensate; G) water from crawl space pumps; (k) individual residential vehicle washing; (I) flows
from wetlands and riparian areas; (m) dechlorinated swimming peol discharges; (n) pavement and exterior building wash water conducted without the use of detergents or otherchemicals; and (0) discharges or flows from fire fighting activities. C. Limitations on 􀁐􀁥􀁲􀁭􀁩􀁴􀀺􀁃􀁯􀁸􀁥􀁾􀀠.i,." 1. Discharges Authorized by Another TPDES Permit Discharges authorized
by an individual or other general TPDES permit may only be authorized under this TPD ES general permit 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 ofenforcement or water quality related concerns. The Executive Director may provide 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, antibacksliding policy, history ofsubstantive non-compliance or other TAG 205 considerations and requirements, or other site-specific considerations.
Page 9 
TPDES General Permit TXR040000 2. Discharges of Storm Water Mixed with Non-Storm Water Storm water discharges that combine with sources' of non-storm water are not eligible for coverage
by this general permit, unless either the non-storm water source is described in Part ILB or Part VII.B. of this permit or the non-storm water source is authorized under a separate TPDES
permit. 3. Compliance With Water Quality Standards Discharges to surface water in the state that would cause or contribute to a violation of water quality standards or that would fail
to protect and maintain existing designated uses are not eligible for coverage under this general permit. The executive director may require an application for an individual permit or
alternative general permit to authorize discharges to surface water in the state from any activity that is determined to cause a violation ofwater quality standards or is found to cause,
orcontribute to, the impairment ofa designated use ofsurface water in the state. The executive executive director may also require an application for an individual permit considering
factors des.crih!:.dcm Part II. E.2. 4. Discharges to Water Quality-Impaired Receiving Waters New sources or new discharges of the constituent(s) of concern to impaired waters are not
authorized by this permit unless otherwise allowable under 30 T AC, Chapter 305 and applicable state law. Impaired waters are those that do not meet applicable water quality standard(s)
and are listed on the Clean Water Act Section 303(d) list. Constituents of concern are those for which the water body is listed as impaired. Discharges of the constituent(s) ofconcern
to impaired water bodies for which there is a TMDL implementation plan are not eligible for this permit unless they are consistent with the approved TMDL and the implementation plan.
Permitted MS4 operators must incorporate the limitations, conditions and requirements applicable to their discharges, including monitoring frequency and reporting required by TCEQ rules,
into their their SWMP in order to be eligible for permit coverage. For discharges not eligible for coverage under this permit, the discharger must apply for and receive an individual
permit prior to discharging. 5. Discharges to the Edwards Aquifer Recharge Zone Discharges of storm water from regulated small MS4s, and other non-storm water discharges, can not be
authorized by this general permit where those discharges are prohibited by 30 Texas Administrative Code (TAC) Chapter 213 (relating to Edwards Aquifer). New discharges located within
the Edwards Aquifer Recharge Page 10 
TPDES General Pennit TXR040000 Zone, or within that area upstream from the recharge zone and defmed 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 ofthe agency-approved Water
Pollution Abatement Plan under the Edwards Aquifer Rules are in addition to the requirements ofthis general permit. BMPs and maintenance schedules for structural storm water controls,
for example, may be required as a provision ofthe rule. All applicable requirements of the Edwards Aquifer Rule for reductions ofsuspended solids in storm water runoff are in addition
to the effluent limitation requirements and benchmark goals in this general permit for this pollutant. A copy ofthe agencyapproved Water Pollution Abatement Plans that are required by
the Edwards Aquifer Rule must be attached as a part ofthe SWMP. For discharges located on or within ten stream miles upstream ofthe Edwards Aquifer recharge zone, applicants must also
submit a copy ofthe NOI to the appropriate TCEQ regional office. Counties: Cootact: Comal, Bexar, Medina, Uvalde, TCEQ and Kinney Water Program Manager San Antouio Regional Office 14250
Judson Road San Antouio, Texas 78233-4480 (210) 490-3096 Williamson, Travis, and Hays TCEQ Water Program Manager Austin Regional Office 1921 Cedar Bend Drive, Suite 150 Austin, Texas
78758-5336 (512) 339-2929 6. Discharges to Specific Watersheds and Water Quality Areas Discharges ofstorm water from regulated small MS4s, and other non-storm water discharges, can not
be authorized by this general permit where prohibited by 30 TAC Chapter 311 (relating to Watershed Protection) for water quality areas and watersheds. Page 11 
TPDES General Permit TXR040000 7. Protection ofStreams and Watersheds by Other Governmental Entities This general permit does not limit the authority or ability of federal, other state,
or local governmental entities from placing additional or more stringent requirements on construction activities, discharges from construction activities, or other storm water discharges.
For example, this permit does not limit the authority of a homerule municipality provided by Section 40 1.002 ofthe Texas Local Government Code. 8. Indian Country Lands Storm water runofffrom
MS4s orconstruction activities occurring onIndian Country lands are not under the authority oftheTCEQ and are not eligible for coverage under this general permit. Ifdischarges ofstorm
water require authorization under federal NPDES regnlations, anthority for these discharges must be obtained from the U.S. Environmental Protection Agency (EPA). D. Obtaining Authorization
I. Application for Coverage Applicants seeking authorization to discharge under this general permit must submit a completed NOI, on a form approved by the Executive Director, with a
Storm Water Management Program as described in Part ILD.3. Provisional authorization begins two days after a completed NOI is postmarked for delivery to the TCEQ. IfTCEQ provides for
electronic submission of NOIs during the term of this permit, authorization to discharge begins 24 hours following confirmation ofreceipt ofthe electronic NOT form by the TCEQ. Following
review of the NOI, the Executive Director may determine the NOI is complete and confirm coverage by providing a notificationand an authorization nnmber, determine the NOI is incomplete
and deny coverage until a completed NOI is submitted, or deny coverage and require an application for an individual permit be submitted. Application deadlines are as follows: (a) MS4s
Located in an Urbanized Area Operators ofMS4s described in Part ILA.I must submit an NOI within 90 days following the effective date ofthis general permit. Ifthe effective date of this
general permit is on or before December 9, 2002, the deadline for submitting an NOI will be extended to March 10, 2003. Page 12 
TPDES General Permit TXR040000 (b) Designated MS4s Operators ofMS4s described in Part II.A.2 must submit an NO! within 180 days of being notified in writing by the TCEQ of the need to
obtain permit coverage. 2. Late Submittal ofNO! AnNO! is not prohibited from being submitted late or after the deadlines provided. Ifa late NO! is submitted, authorization is only for
discharges that occur afterperntit coverage is obtained. The TCEQ reserves the right to take appropriate enforcement actions for any unpermitted discharges. 3. Storm Water Management
Program (SWMP) An initial storm water management program must be developed for eligible discharges that reach Waters of the United States according to the requirements of Partillofthis
permit and submitted witl:! the.NOL The SWMP must include a time line that demonstrates a schedule for implementation ofthe program throughout the permit term. The program must be completely
implemented by the expiration date of this general permit. Ifa permittee determines changes to the plan are needed, alterations can be made so long as the revisions are summarized in
the annual report. 4. Contents ofthe Notice of Intent The NO! must contain the following minimum information: (a) Owner Information (1) the name, mailing address, telephone number, and
fax number ofthe MS4 operator; and (2) the legal status of the owner (e.g., federal government, stal" government, county government, city government, or other government). (b) Site Information
(1) the name, physical description, and latitude and longitude of the approximate center ofthe MS4; (2) county or counties where the MS4 is located; Page 13 
TPDES General Permit TXR040000 (3) an indication if all or a portion of the MS4 is located on Indian Country Lands; (4) if the pennittee develops a seventh minimum control measure to
obtain authorization for construction activities, the boundary within which those activities will occur; (5) the name, mailing address, telephone number, and fax number ofany person(s)
responsible for implementing or coordinating the SWMP; (6) the name and physical address ofthe location ofthe SWMP; (7) the name and the physical address ofthe location where the general
public can view all applicable records, including the NOI and the SWMP; (8) a certification that a SWMP has been developed according to the provisions ofthis pennit; (9) the name of
all major water(s) receiving discharges from the MS4; (10) and the name of all major water(s) receiving discharges from the MS4 that are on the latest CWA § 303( d) list ofimpaired waters.
5. Notice of Change (NOC) Ifthe owner becomes aware that any relevant information submitted in the NOI has changed, the correct information must be provided to the Executive Director
in a NOC within30 days after discovery. Ifrelevant information provided in the NOI changes (for example, phone number orP.O. Box number) a NOCmustbesubmitted within 30 days ofthe change.
6. r:hangein Operational Control oian MS4 Ifthe operational control of the MS4 activity changes, the present operator must submit a Notice ofTermination (NOT) and the new operator must
submit a NOland SWMP. The NOT and NOI must be submitted concurrently no greater than 10 days after the change occurs. Page 14 
TPDES Genernl Pennit TXR040000 7. Terminating Coverage A permittee may terminate coverage under this general permit by providing a Notice ofTern:iination (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. IfTCEQ provides for electronic submission ofNOTs
during the term of this permit, authorization to discharge terminates 24 hours following confirmation ofreceipt ofthe electronic NOT form by the TCEQ. An NOT must be submitted within
30 days after the MS4 operator obtains coverage under an individual permit. 8. Signatory Requirement for NOI, NOT, and NOC Forms NOI, NOT, and NOC forms must be signed consistent with
30 TAC § 305.44 (relating to Application for Permit). 9. Fees An application fee of$100 must be submitted with each NOr. Acfee is not required for submission ofan NOT or NOC. A permittee
authorized under this general permit must pay an annual waste treatment inspection fee of $100 under under Texas Water Code, Section 26.0291; and may be subject to an annual watershed
monitoring and assessment fee under Texas Water Code, Section 26.0135(b) consistent with 30 TAC Section 220.21 of this title (relating to Water Quality Assessment Fees). 10. Permit Expiration
This general permit must be issued for a term not to exceed five years. Following public notice and comment, as provided by 30 TAC Section 205.3 (relating to Public Notice, Public Meetings,
and Public Comment), the Commission may amend, revoke, cance1,..or.renew this general permit. IftheTCRQ.publishes a notice of its intent to renew or amend this general permit before
the expiration date, the permit will remain in effect for existing, authorized, discharges until the commission takes final action on the permit. Upon issuance of a renewed or amended
permit, permittees may be required to submit an NOI within 90 days following the effective date ofthe renewed or amended permit. In the event that the general permit is not renewed,
discharges that are authorized under the general permit must obtain a TPDES individual permit. Applications for Page 15 
TPDES General Permit TXR040000 an individual permit must be submitted at least 180 days before tbe expiration date ofthe general permit. E. Permitting Options 1. Authorization Under
tbe General Permit AnMS4 operator is required to obtain authorization either under !bis general permit, or under an individual TPDES permit ifit is located in an urbanized area or if
it is designated by tbe TCEQ. Multiple MS4s with separate operators must individually submit a notice ofintent to obtain coverage under this general permit regardless if tbe systems
are physically interconnected, located intbe same urbanized area, or are located in tbe same watershed. Each MS4 will be issued a distinct permit number. These MS4 operators must develop
and submit separate SWMPs, but may combine or share efforts in meeting the SWMP reqnirements stated in Part II.D.3 or Part ill of this general permit. MS4 operators that share SWMP development
and implementation must meet tbe following conditions: (a) Participants The SWMP must clearly list the name and permit number for each MS4 operator tbat contributes to development or
implementation of tbe SWMP, and provide confirmation that tbe contributing MS4 operator has agreed to contribute. If a contributing MS4 has submitted an NOI to TCEQ, but has notyet received
an acknowledgment and accompanying permit autborization number, a copy oftbe submitted NOI form may be made readily available. (b) Respousibilities Each permittee is entirely responsible
for meeting SWMP requirements witbin tbe boundaries of tbeir MS4. Where a separate MS4 operator is contributingto implementationoftbe SWMP, tbe SWMP must clearly define the contrhutiou
and clearly identify tbe contributing MS4 operator. 2. Alternative Coverage under an Individual TPDES Permit An MS4 operator eligible for coverage under tbis general pennit may alternatively
be authorized under an individual TPDES permit according to 30 T AC Chapter 305 (relating to Consolidated Pennits). The Executive Director may require an MS4 operator, autborized by
tbis permit, to apply for an individual TPDES permit because of: tbe conditions ofan approved TMDL or TMDL implementation plan; a history Page 16 
TPDES General Permit TXR040000 of substantive non-compliance; or other 30 TAC Chapter 205 considerations and requirements; or other site-specific considerations. F. Waivers The TCEQ
may waive permitting requirements for small regulated MS4 operators if the criteria are met for waiver option 1 or 2. 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. If the conditions of either waiver are not met by the MS4 operator, and the waiver has not been obtained by March 10,2003, the MS4 operator must submit anapplication
for coverage for this general permit or a separate TPDES permit. The TCEQ can, at any time, require a previously waived small MS4 operator to comply with this permit or another TPDES
permit ifcircumstances change so that the conditions ofthe waLveruu-e no longer met. Changed circumstances can also allow a regulatec:bmw.ll MS4.· ,', operator to request a waiver at
any time. I. The system serves a population ofless than 1,000 within an urbanized area and meets the following criteria: (a) the system is not contributing substantially to the pollutant
loadings of a physically interconnected MS4 that is regulated by the NPDES I TPDES storm water program (40 CFR Chapter 123.35(b)(4»; and (b) ifthe system discharges any pollutant(s)
that have been identified as a cause ofimpairment of any water body to which the MS4 discharges, storm water controls are not needed based on wasteload allocations that are part of an
EPA approved or established "total maximum daily load" (TMDL) that addresses the pollutant(s) ofconcern. 2. The system serves a popUlation under 10,000 and meets the following criteria:
Ca) the TCEQ has evaluated all waters of the United States, including small streams, tributaries, lakes, and ponds, that receive a discharge from the MS4; (b) for all such waters, the
TCEQ has determined determined that storm water 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 or, if a Page 17 
TPDES General Permit TXR040000 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 MS4 do not have the potential to exceed Texas water quality standards, including impairment of designated uses, or other significant water
quality impacts, including habitat and biological impacts. G. Designation Criteria The Executive Director may designate any small MS4 operator as being required to submit an application
for authorization to discharge storm water from the system. Following designation and notification, operators ofsmall MS4s must obtain authorization under this general permit, or alternatively
apply for coverage under an individual TPDES storm water permit, within 180 days. The designation of a small MS4 must occur following a finding that controls are necessary to protect
water quality with consideration for the following filctors: [.Controls for discharges are determined to be necessary for source water protection ofpublic drinking water resources based
on the results ofsource water assessments bytheTCEQ. 2. Controls for discharges are necessary to protect sea grass areas of Texas bays as delineated by the Texas Parks & Wildlife Department.
3. Controls for discharges are necessary to protect receiving waters designated as having an exceptional aquatic life use. 4. Controls are required for pollutants ofconcern expected
to be present in discharges to a receiving water listed on the Clean Water Act Section 303(d) list based on an approved total maximum daily loading plan. 5. Following a request from
a rCgl'hte.<i.MS4 operator ..dischar)l.es from an adjacent small MS4 are determined by TCEQ to be significantly contributing pollutants to the regulated MS4. 6. Additional factors may
be considered relative to the environmental sensitivity of receiving watersheds. Page 18 
TPDES General Permit TXR040000 Part m. Storm Water Management Program To the extent allowable nnder state and local law, an SWMP must be developed and implemented according to the requirements
ofPart III ofthis general permit, for storm water discharges that reach Waters ofthe United States. The storm water management program must be developed to prevent pollution in storm
water to the maximum extent practicable, effectivelyprolnbit illicit discharges to the system. Existing programs or BMPs may be used to fulfill the requirements of this general permit.
A. Minimum Control Measures (MCM) I. Public Education and Outreach on Storm Water Impacts (a) A public education program to distribute educational materials to the community or conduct
equivalent outreach activities that will be used to inform the following groups within the MS4 area: . (\}'. residents; (2) visitors; (3) public service employees; (4) businesses; (5)
commercial and industrial facilities; and (6) construction site personnel. The outreach must must inform the public about the impacts polluted storm water run-off can have on water quality,
hazards associated with illegal discharges and improper disposal ofwaste, and ways they can minimize their impact on storm water quality. (b) Via documentation, the MS4 operator must
ensure that a reasonable attempt was made to reach all constituents within the MS4 area to meet this measure. 2. Public InvolvementlParticipation (a) IdentifY and implement a public
involvement and participation program. This must include provisions to allow opportunities for all constituents within Page 19 
TPDES General Pennit TXR040000 the MS4 area to participate in the storm water management program development and implementation. (b) The MS4 operator must, at a minimum, comply with
State and local public notice requirements when implementing a public involvement/participation program. (c) The MS4 operator must, via documented efforts, ensure that sufficient opportunities
were allotted to involve all constitnents interested in participating in the program process to meet this measure. Correctional facilities will not be required to implement this MCM.
3. Illicit Discharge Detection and Elimination (a) Illicit Discharges A section within the SWMP must be developed to establish a program to dclect ande1iminate illicit discharges to
the MS4. The SWMP must include the manner, ordinance or other regulatory mechanism, used to effectively prohibit illicit discharges. (1) Detection The SWMP must list the techniques used
for detecting illicit discharges. (2) Elimination The SWMP must include appropriate enforcement procedures and actions for removing the source ofan illicit discharge. (b) Non-Storm Water
Discharges A section within the SWMP must be developed to establish a program to detect and address non-storm water discharges and illegal dumping to the MS4. All non-storm water flows,
including those listed inPartILB. and Part VII.B., must be considered by the permittee to determine if they are a significant contributor of pollutants to the MS4. All non-storm water
discharges that significantly contribute pollutants to the MS4 must be effectively prohibited. The prohibition must be done through an ordinance, or other regulatory mechanism unless
the MS4 operator does not have the Page 20 
TPDES General Pennit TXR040000 authority to develop ordinances or other regulatory mechanisms. The regulations must include appropriate enforcement procedures and actions. Fire fighting
activities are excluded from being prohibited and only need to be addressed if they are determined to be a significant contributor of pollutants to the MS4. (c) Incidental Non-Storm
Water Discharges A list of occasional incidental non-storm water discharges that will not be addressed as illicit discharges may also be developed. If developed, the listed discharges
must not be reasonably expected to be significant sources ofpollutants, because ofeither the nature ofthe discharge or the conditions that have been established for allowing these discharges
to the MS4. Any local controls or conditions placed on these discharges must be documented in the SWMP. The SWMP must also include a provision prohibiting any individual non-storm water
discharge that is detennined to be contributing 􀁳􀁩􀁧􀁮􀁩􀁦􀁩􀁾􀁴􀁡􀁭􀁩􀁬􀁬􀁬􀁉􀁬􀁴􀁳􀀮􀁯􀁦􀁰􀁰􀁯􀁬􀁬􀁵􀁴􀁡􀁮􀁴􀁳􀀠to the MS4. (d) Storm Sewer Map (I) A map of the storm sewer system
must be developed and must include the following: (i) the location of storm sewer pipes, ditches, and other conveyances owned by the pennittee, or at a minimum, the drainage area for
each outfall; (ii) the location of all major outfalls; and (iii) the names and locations of all waters ofthe U.S. that receive discharges from the 􀁯􀁵􀁴􀁦􀁡􀁬􀁬􀁾􀀮􀀠(2) 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. 4. Pollution Prevention/Good
Housekeeping for Municipal Operations A section within the SWMP must be developed to establish an operation and maintenance program. The operation and maintenance program must have the
Page 21 
TPDES General Permit TXR040000 ultimate goal of identifYing methods and practices fur conducting municipal operations in a manner to prevent or reduce pollution in storm water runoff.
(a) Good Housekeeping and Best Management Practices Controls must be used to reduce or eliminate the discharge of pollutants when runoff from municipal operations is determined to be
a significant contributor ofpollution to the MS4. Examples ofmunicipal 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) storm water 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 􀁰􀁲􀁥􀁶􀁾􀁮􀁴􀁩􀁯􀁮􀁬􀁧􀁯􀁯􀁤housekeeping program. The training program must include traini'lg materials directed at preventing
and reducing storm water pollution from municipal operations. Examples or descriptious oftraining materials being used must be included in the SWMP. (c) Structoral Control Maintenance
Ifbest management practices include structural controls, maintenance ofthe controls must be performed at a frequency determined by the MS4 operator Page 22 
TPDES General Permit TXR040000 and consistent with maintaining the effectiveness ofthe BMP. The SWMP must list all ofthe following: (1) maintenance activities; (2) maintenance schedules;
and (3) long-term inspection procedures for controls used to reduce floatables and other pollutants. (d) Disposal ofWaste Waste removed from the MS4, from structural controls, or collected
as a result of municipal operations and maintenance activities must be properly disposed. A section within the SWMP must be developed to include procedures for the proper disposal of
waste, including: (I) dredge spoil; , (2) accumulated sediments; and (3) floatables. (e) Municipal Operations and Industrial Activities The SWMP must include a list ofall: (I) 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 activitieR
that are subject to TPDES storm water regulations. The SWMP must include a individual permit number, general permit authorization number, or a copy of a sigued NOI or NEC (no exposure
certification form for TPDES General Permit TXR050000) for each industrial activity conducted by the MS4 and subject to TPDES storm water regulations. Ifan NOI or NEC has been submitted,
but an acknowledgment has not yet been received from the TCEQ, a copy of the submitted NOI or NEe Form may be made readily available. Page 23 
TPDES General Permit TXR040000 5. Construction Site Stonn Water Runoff Control The MS4 operator must develop, implement, and enforce a program to reduce pollutants in any stonn water
runoff to the MS4 from construction activities that result in a land disturbance ofgreater than or equal to one acre or ifthat construction activity is part of a larger common plan of
development or sale that would disturb one acte or more. The MS4 operator is not required to develop, implement, andlor enforce a program to reduce pollutant discharges from sites that
the TCEQ has waived the permitting requirements for stonn water discharges associated with small construction activities. (a) The program must include the development and implementation
of, at a minimum, an ordinance orother 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 best management practices; 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 MS4
operator must develop procedures for: (1) site plan review which incorporate consideration ofpotential water quality impacts; (2) receipt and consideration ofinformation submitted by
the public; and (3) site inspection and enforcement of control measures. 6. Post-Construction Storm Water Management in New Development and Redevelopment The MS4 operator must develop,
implement, and enforce a program to address stonn water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less
than one acre that are part of a larger common plan ofdevelopment or sale that will result in disturbance ofone or Page 24 
TPDES General Penni! TXR040000 more acres, that discharge into the small MS4. The program must ensure that controls are in place that would prevent or minimize water quality impacts;
(a) Develop and implement strategies which include a combination ofstroctural andlor non-structural BMPs appropriate for your community; (b) Use anordinance orother 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 ofBMPs. 7. Authorization for Municipal Construction Activities The development of a MCM for municipal construction activities is an optional measure and is an alternative
to the MS4 operator seeking coverage under TPDES general permit TXR150000. Additionally, contractors working for the permittee are not required to obtain a separate authorizatio.n..a.s".lcmg
'liS the permittee meets the status of"construction site operator" and remai:nS7compliant with the conditions of this of this general permit. Permittees that choose to develop this measure
will be authorized to discharge storm water and certain non-storm water from construction activities where the permittee can meet the definition of"construction site operator" in Part
I of this general permit. This MCM must be developed as a part of the SWMP that is submitted with the initial NOI for permit coverage. Ifthis MCM is developed after submittal ofthe initial
NOI, a NOC must be submitted notifYing the ,executive director ofthis change, and identifYing the geographical area or boundary where the activities will be conducted under the provisions
ofthis permit. (a) The MCM must include: (i) 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 consideratiom; . (ii) a description of the area that this MCM will address and where the permittees construction activities are covered (e.g.
g. within the boundary of the urbanized area, the corporate boundary, a special district boundary, an extra territorial jurisdiction, or other similar jurisdictional boundary); and (iii)
either a description ofhow the permittee will supervise or maintain oversight over contractor activities to ensure that the SWP3 Page 25 
TPDES General Pennit TXR040000 requirements are properly implemented at the construction site; or how the permittee will make certain that contractors have a separate authorization for
storm water discharges. (b) The MCM must include a general description of how a SWP3 shall be developed, according to Part VII.E. of this general permit, for each construction site.
B. General Requirements Permittees must provide documentation ofthe development, implementation, andevaluation ofthe SWMP. The documentation must be included in the SWMP and may be required
to be submitted in the annual report. At a miuimum, the documentation must include: I. a list of any public or private entities assisting with the development or implementation ofthe
SWMP; 2. a list ofall best management practices (BMPs) and:measu:t::l'to.'1le-goals for each ofthe six MCMs; 3. a schedule for the implementation ofall SWMP requirements; 4. a description
ofhow each measurable goal will be evaluated; 5. a rationale statement that addresses the overall program, including how the BMP's and measurable goals were selected; 6. if applicable,
a list of aU MS4 operators contributing to the development and implementation ofthe SWMP, including a clear description ofthe contribution. Part IV. Numeric Effluent Limitations All
discharges 0".torm water runofffrom concrete batch plants must be monitored at the following monitoring frequency and comply with the following numeric effluent limitations: Limitations
Monitoring Parameter Daily Maximum Frequency Total Suspended Solids 65 mg/I IlYear Oil and Grease 15 mgll IlYear pH between 6 and 9 standard units IlYear Page 26 
TPDES General Permit TXR040000 Part V. Recordkeeping and Reporting A. Recordkeeping 1. The permittee must retain all records, a copy of this TPDES general permit, and records ofall data
used to complete the application (NOI) for this permit, for a period ofat least three years, or for the term ofthis permit, whichever is longer. This period may be extended by request
of the Executive Director at any time. 2. The permittee must submit the records to the Executive Director only when specifically asked to do so. The Storm Water Management Program (SWMP)
required by this permit (including a copy ofthe permit language) must be retained at a location accessible to the permitting authority. 3. The permittee must make the records, including
the notice ofintent (NO!) and the SWMP, available to the public ifrequested to do so in writing. The SWMP must be made available within 2 working days following the request from the
public. Other . records must be provided within 10 working days, unless:'tlrc:.requ.:si\irequires irequires an unusual amount oftime or effort to assemble. In which case, Texas law regarding
the Public Information Act will be followed. Reasonable charges, in accordance with Texas law, may be levied by the permittee for researching and preparing any requested materials. .
4. The period during which records are required to be kept shal1 be automatically extended to the date of the final disposition of any administrative or judicial enforcement action that
maybe instituted against the permittee. B. Reporting 1. General Reporting Requirements (a) Noncompliance Notification According to 30 TAC Chapter 305.125(9) any noncompliance which may
endanger human health or safety, or the environment, must bereported by the permittee to the TCEQ. Report ofsuch information must be provided orally or by electronic facsimile transmission
(FAX) to the TCEQ regional office within 24 hours ofbecoming aware ofthe noncompliance. A written report must be provided by the permittee to the TCEQ regional office and to the TCEQ
Enforcement Division (MC-224) within five working days of becoming aware ofthe noncompliance. The written report must contain: Page 27 
TPOES General Permit TXR040000 (1) a description of the noncompliance and its cause; (2) the potential danger to human health or safety, or the environment; (3) the period ofnoncompliance,
including exact dates and times; (4) ifthe noncompliance has not been corrected, the anticipated time it is expected to continue; and (5) steps taken or planned to reduce, eliminate,
and prevent recurrence of the noncompliance, and to mitigate its adverse effects. (c) Other Information When the permittee becomes aware that it either submitted incorrect information
or failed to submit any relevant facts in an NOI, NOT, or NOC, or any other report, it must promptly submit the facts or information to the Executive Director. 2. Annual Report The MS4
operator must submit a concise annual report to the Executive Director by March 31 (ofthe following year) for each year ofthe permit term. The MS4 operator must also have a copy ofthe
annual report readily available for review by authorized TCEQ personnel upon request. The report must include: (a) The status of the compliance with permit conditions, an assessment
of the appropriateness of the identified BMPs, progress towards achieving the statutory goal of reducing the discharge of pollutants to the MEP, the measurable goals for each ofthe MCMs,
and an evaluation ofthe success of the implementation ofthe measurable goals; (b) Status of any. <ldditional control measures implemented by the permittee (if applicable); (c) Any MCM
activities initiated before permit issuance (up to three years) may be included, under the appropriate headings, as part ofthe first year's annual report; (d) A summary of the results
of information collected and analyzed, if any, during the reporting period, including monitoring data used to assess the success ofthe program at reducing the discharge ofpollutants
to the MEP; Page 28 
TPDES General Permit TXR040000 (e) A summary ofthe stOl1l1 water activities the MS4 operator plans to undertake during the next reporting cycle (including an implementation schedule);
(f) Proposed changes to the stol1l1 water management program, including changes to any BMPs or any identified measurable goals that apply to the program elements; (g) The number of municipal
construction activities authorized under this general permit and the total number ofacres disturbed; (h) The number ofnon-municipal construction activities that occurred within the jurisdiction
ofthe permittee (as noticed to the permittee by the construction operator); (i) Notice that the MS4 operator is relying on another government entity to satisfy some of your permit obligations
(if applicable); (j) If co-permitting, all permittees must contribute to a system-wme:.r.<ljlart'(.:f -,:, ..... applicable); (k) Each permittee must sign and certifY the annual report
in accordance with Part VII.E.I.(a) ofthis permit; and (I) The annual report report must be submitted to the following address: Texas Commission on Environmental Quality StOl1l1 Water
& General Permits Team; MC -148 P.O. Box 13088 Austin, Texas 78711-3088 If available, electronic submittal of annual reports is encouraged. The Federal Waste Reduction Act and the Government
Paperwork Elimination Act encourages. g.oyernmental age!ldes to .use electronic submittal. S",e. the TCEQ website at, www.turcc.state.tx.us. for additional information and instructions.
Part VI. Standard Permit Conditions 1. The permittee has a duty to comply with all pCl1l1it conditions. Failure to comply with any pe!1l1it condition is a violation ofthe permit and
statutes under which it was issued, and is grounds for enforcement action, for terminating coverage under this Page 29 
TPDES General Pennit TXR040000 general permit, or for requiring a discharger to apply for and obtain an individual TPDES permit. 2. Authorization under this general pennit may be suspended
or revoked for cause. Filing a notice ofplanned changes or anticipated non-compliance by the permittee does not stay any permit condition. The permittee must furnish to the executive
director, upon request and within a reasonable time, any information necessary for the executive director to determine whether cause exists for revoking, suspending, or terminating authorization
under this permit. Additionally, the permittee must provide to the executive director, upon request, copies of all records that the permittee is required to maintain as a condition ofthis
general permit. 3. It is not a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with
the permit conditions. 4. Inspection and entry shall be allowed under Texas Water Code Chapters 26-28, Health and Safety Code §§ 361.032-361.033 and 361.037, and 40 Code 􀁯􀁦􀁆􀁾􀁡􀁌􀀠Regulations
(CFR) §122.41{i). The statement in Texas Water Code § 26.014 that commission entry of a facility shall occm according to an establishment's rules and regulations concerning safety, intemal
security, and fIre protection is not grounds for denial or restriction ofentry to any part ofthe facility or site, but merely describes the commission's duty to observe appropriate rules
and regulations during an inspeetion. 5. The discharger is subject to administrative, civil, and criminal penalties, as applicable, under Texas Water Code §§ 26.136, 26.212, and 26.213
for violations including but not limited to the following: a. negligently or knowingly violating CWA, §§ 301, 302, 306, 307, 308, 318, or 405, or any condition or limitation implementing
any sections in a permit issued under CW A, § 402, or any requirement imposed in a pretreatment program approved undeL.CW <\, §§ 402(a)(3) or402(b)(8); b. knowingly making any mise statement,
representation, or certification in any record or other document submitted or required to be maintained under a permit, including monitoring reports or reports of compliance or noncompliance.
6. All reports and other information requested hy the executive director must be sigued by the person and in the manner required by 30 TAC § 305.128 (relating to Signatories to Reports).
Page 30 
TPDES General Permit TXR040000 7. Authorization under this general permit does not convey property or water rights of any sort and does not grant any exclusive privilege. Part VII. Authorization
for Municipal Construction Activities The MS4 operator may apply under TPDES general permit TXR150000 for authorization to discharge storm water runoff from each construction activity
performed by the MS4 operator that results in a land disturbance ofone (1) or more acres ofland. Alternatively, the MS4 operator may develop the Storm Water Management Program to include
this optional seventh (Th) storm water minimum control measure ifthe eligibility requirements in Part VI1.A are met. Ifthe MS4 operator includes this minimum control measure within the
SWMP that is initially submitted with the NO!, and meets the terms and requirements of this permit, discharges from these construction activities may be authorized under this general
permit. A. Eligible Construction Sites Discharges from construction activities in which the MS4 operator is the construction site operator are eligible for authorization under this general
permit. B. Discharges Eligible for Authorization 1. Storm Water Associated with Construction Activity Discharges ofstorm water runoff from small and large construction activities may
be authorized under this general permit. 2. Discharges of Storm Water Associated with Other Industrial Activities Discharges ofstorm water runoff from concrete batch plants, asphalt
batch plants, equipment staging areas, material. storage yards, material borrow areas, and excavated material dispossl areas mar be.. authorized under this general permit provided: (a)
the activity is located at, adjacent to, or in close proximity to the permitted construction site and directly supports the construction activity; (b) a storm water pollution prevention
plan is developed according to the provisions of this general permit and includes appropriate controls and measures to reduce erosion and discharge ofpollutants in storm water runoff
from the supporting indostrial activity site; and Page 31 
TPDES General Pennit TXR04{)OOO (c) the industrial activity either does not operate beyond the completion date of the construction activity or obtains separate TPDES authorization for
discharges. 3. Non-storm Water Discharges The non-storm water discharges described in Part II.B of this general permit may also be authorized from construction sites under this general
permit. 4. Other Permitted Discharges Any discharge authorized under a separate TPDES or TCEQ permit may be combined with discharges from construction sites operated by the MS4. C. Limitations
on Permit Coverage Discharges that occur after construction activities have been completed, and after the constructionsiteandal\'J' supporting activity site have undergone final stabilization,
are not eligible for coverage·under this general permit. D. Numeric Emuent Limitations All discharges of storm water runoff from concrete batch planta must be monitored at the following
monitoring frequency and comply with the following numeric emuent limitations: Limitations Monitoring Parameter Daily Maximum Frequency Total Suspended Solids 65 mgll IfYear Oil and
Grease 15 mgll IfYear pH between 6 and 9 standard units IfYear E. Storm Water Pollution Prevention Plan (SWP3) Operators ofmunicipal construction activities that qualify for coverage
under this general permit and that discharge storm water associated with construction activities that reach waters ofthe U.S. must: I. develop a SWP3 according to the provisions of this
general permit that covers the entire site and implement that plan prior to commencing construction activities; 2. post a signed copy ofthe notice contained in Attachment 1 ofthis general
permit in a location at the construction site where it is readily available for viewing prior to Page 32 
TPDES General Permit TXR040000 commencing construction activities and maintain the notice in that location until completion of the construction activity and final stabilization of the
site; 3. implement the SWP3 prior to beginning construction activities; 4. ensure the project specifications allow or provide that adequate BMPs may be developed and modified as necessary
to meet the requirements ofthis general pennit and the SWP3; 5. ensure all contractors are aware ofthe SWP3 requirements, are aware that municipal personoel that are responsible for
the day-to-day operations ofthe SWP3, and who to contact concerning SWP3 requirements; and 6. ensure that the SWP3 identifies the municipal personnel responsible for implementation of
control measures descnbed in the plan; F. Effective Date of Coverage Operators of construction activities eligible for coverage under this general pennit are authorized to discharge
storm water associated with construction activity from a site two (2) days from the date that the signed notice is posted at the site. G. Deadlines for SWP3 Preparation and Compliance
The SWP3 must be: 1. completed and implemented prior to commencing construction activities that result in soil disturbance; 2. updated as necessary to reflect the changing conditions
ofnew operators, new areas ofresponsibility, and changes in best management practices; and 3. provide for compliance with the terms and 􀁣􀁯􀁮􀁤􀁩􀁴􀁩􀀨􀀩􀁾􀀢􀀠􀀮􀁾􀁦􀀠this general ptnnit..
" H. Plan Review and Making Plans Available The SWP3 must be retained on-site at the construction site or made readily available at the time of an on-site inspection to: the Executive
Director; a federal, state, or local agency approving sediment and erosion plans, grading plans, or storm water management plans; local government officials; and the operator ofa municipal
separate storm sewer receiving discharges from the site. Page 33 
TPDES General Permit TXR040000 I. Keeping Plans Current The permittee must amend the SWP3 whenever: I. there is a change in design, construction, operation, or maintenance that has a
significant effect on the discharge of pollutants and that has not been previously addressed in the SWP3; or 2. results of inspections or investigations by site operators, operators
of a municipal separate storm sewer system receiving the discharge, authorized TCEQ personnel, or a federal, state or local agency approving sediment and erosion plans indicate the SWP3
is proving ineffective in eliminating or significantly minimizing pollutants in discharges authorized under this general permit. J. Contents of SWP3 The SWP3 must include, at a minimum,
the information described in this section. 1. A site description, or projectdescription must be developed to include: (a) a description of the nature of the construction activity, potential
pollutants and sources; (b) a description of the intended schedule or sequence of major activities that will disturb soils for major portions of the site; (c) the number of acres of
the entire construction site property and the total number ofacres ofthe site where construction activities will occur, including off-site material storage areas, overburden and stockpiles
ofdirt, and borrow areas; (d) an estimate ofthe runoff coefficient ofthe site for both the pre-construction and ·post-construction conditions, data describing 'h", .:!<Jil type, 􀁾􀁮􀁤􀀠the
quality ofany discharge from the site; (e) a map showing the general location of the site (e.g. a portion of a city or county map); (f) a detailed site map indicating the following:
(1) drainage patterns and approximate slopes anticipated after major grading activities; Page 34 
TPDES General Pennit TXR040000 (2) areas where soil disturbance will occur; (3) areas which will not be distuIbed; (4) locations ofall major structural controls either planned or in
place; (5) locations where stabilization practices are expected to be used; (6) locations of off-site material, waste, borrow or equipment storage areas; (7) surface waters (including
wetlands) either adjacent or in close proximity; and (8) locations where storm water discharges from the site directly to a surface water body. (g) the location and descripuQt£l)fasphalt
plants and concrete plants (if any).. providing support to the construction site and that are also authorized under this general permit; (h) the name ofreceiving waters at or near the
site that will be disturbed or that will receive discharges from disturbed areas of the project; and (i) a copy ofPart VII ofthis TPDES general permit. 2. The SWP3 must describe the
structural and the non-structural controls (best management practices) that will be used to minimize pollution in runoff. The description must identify the general timing or sequence
for implementation and the party responsible for implementation. At a minimum, the description must include the following components: (a) Erosion and Sediment Controls (l) Erosion and
sediment controls must be designed to retain sediment on-site to the maximum extent practicable with consideration for local topography and rainfulL (2) Control measures must be properly
selected, installed, and maintained according to the manufacturer's or designer's specifications. Ifperiodic inspections or other information indicates Page 35 
TPDES General Penni! TXR040000 a control has been used incorrectly, or that the control is perfonning inadequately, the operator must replace or modify the control. (3) Sediment must
be removed from sediment traps and sedimentation ponds no later than the time that design capacity has been reduced by 50%. (4) If sediment escapes the site, accumulations must be removed
at a frequency to minimize further negative effects and, whenever feasible, prior to the next rain event. (5) Controls must be developed to limit offsite transport of litter, construction
debris, and construction materials by storm water runoff. 3. Stabilization Practices The SWP3 must include a description of interim and permanent stabilization practices for the site,
􀁩􀁮􀁣􀀱􀁵􀁤􀁩􀁮􀁧􀁾􀂷􀁡􀀮􀀠sched\ue ot..when the practices will be implemented. Site plans should ensure that existing vegetation is preserved where it is possible. (a) Stabilization
practices may include but are not limited to: establishment of temporary vegetation, establishment of pennanent vegetation, mulching, geotextiles, sod stabilization, vegetative buffer
strips, protection ofexisting trees and vegetation and other similar measures. (h) The following records must be maintained and either attached to or referenced in the SWP3 and made
readily available upon request to the parties in Part VII.H. ofthis general permit: (\) the dates when major grading activities occur; (2) the dates when construction activities temporarily
or pem>lllv'ntly cease on a portion ofthe site; and (3) the dates when stabilization measures are initiated. (c) Stabilization measures must be initiated as soon as practicable in portions
of the site where construction activities have temporarily or permanently ceased, and except as provided in (i) through (iii) below, must be initiated no more than fourteen (14) days
after the construction activity in that portion of the site has temporarily or pennanently ceased, Page 36 
TPDES General Permit TXR040000 (1) Where the initiation of stabilization measures by the 14th day after construction activity temporarily or permanently ceased is precluded by snow cover
or frozen ground conditions, stabilization measures must be initiated as soon as practicable. (2) Where the initiation ofstabilization measures by the 14th day after construction activity
has temporarily or permanently ceased is precluded by seasonably arid conditions, stabilization measures must be initiated as soon as practicable. These conditions exist in arid areas
(areas with an average rainfall of0 to 1 0 inches), semiarid areas (areas with an average annual rainfall of 10 to 20 inches), and other areas experiencing droughts. (3) Where construction
activity on a portion of the site is temporarily ceased and earth disturbing activities will be resumed within twentyone (21) days, temporary stabilization measures do not have to be
initiated on that portion of'Site... ". 4. Structural Control Practices The SWP3 must include a description of any structural control practices used to divert flows away from exposed
soils, to limit the contact ofrunoff with disturbed areas, or to lessen the off-site transport of eroded soils. (a) Sediment basins are required, where feasible, fur common drainage
locations that serve an area with ten (10) or more acres that remain disturbed at any one time. Sediment basins may be either temporary or permanent, but must be designed to store either
the calculated volume ofrunoff from a 2 year, 24 hour storm from acreage drained, or designed to provide 3,600 cubic feet of storage per acre drained. When calculating the volume ofrunoff
from a 2year, 24-hour storm event, it is not required to include the flows from offsite are.'l&and flow. from onsite areas that are either undisturbed or have already undergone final
stabilization, if these flows are diverted around both the disturbed areas of the site and the sediment basin. In determining whether installing a sediment basin is feasible, the permittee
may consider factors such as site soils, slope, available area on site, public safety, and other similar considerations. Where sediment basins are not feasible, alternative sediment
controls, which may include a series of smaller sediment basins, must be used. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all
down slope boundaries (and for those Page 37 
TPDES General Permit TXR040000 side slope boundaries deemed appropriate as dictated by individual site conditions) ofthe construction area. (b) Sediment traps and sediment basins may
be used to control solids in storm water runoff for drainage locations serving less than ten (10) acres. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls
are required for all down slope boundaries (and for those side slope boundaries deemed appropriate as dictated by individual site conditions) of the construction. Alternatively, a sediment
basin providing storage for a calculated volume ofrunoff from these areas for a 2-year, 24-hour storm or 3,600 cubic feet ofstorage per acre drained may be provided. 5. Permanent Storm
Water Controls A description ofany measures that will be installed during the construction process to control pollutants in storm water discharges that will occur after construction
operations have been completed must be included in the SWP3. Permittees are only responsible for the installation and mainten=of:.st= -water management measures prior to final stabilization
of the site and prim-to submission ofan NOT. 6. Other Controls (a) Off-site vehicle tracking of sediments and the generation of dust must be minimized. (b) The SWP3 must include a description
of construction and waste materials expected to be stored on-site and a description of controls to reduce pollutants from these materials. (c) The SWP3 must include a description ofpollutant
sources from areas other than construction (including storm water discharges from dedicated asphalt plants and dedicated concrete plants), and a description of controls and .measures
that will..be. imrlemented at those sites to minimize pollutant discharges. 7. Approved State and Local Plans (a) Permittees must ensure the SWP3 is consistent with requirements specified
in applicable sediment and erosion sitc plans or site permits,or storm water management site plans or site permits approved by federal, state, or local officials. Page 38 
TPDES General Permit TXR040000 (b) SWP3s must be updated as necessary to remain consistent with any changes applicable to protecting surface water resources in sediment erosion site
plans or site permits, or storm water management site plans or site permits approved by state or local official for which the permittee receives written notice. 8. Maintenance All erosion
and sediment control measures and other protective measures identified in the SWP3 must be maintained in effective operating condition. If through iuspections the permittee determines
that BMPs are not operating effectively, maintenance must be performed before the next anticipated storm event or as necessary to maintain the continued effectiveness of storm water
controls. If maintenance prior to the next anticipated storm event is impracticable, maintenance must be scheduled and accomplished as soon as practicable. 9. Inspections of Controls
(a) Personnel provided by the permittee and familiar witlT'the SWP3 must inspect disturbed areas of the the construction site that have not been finally stabilized, areas used for storage
of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site, at least once every fourteen (14) calendar days and
within twenty four (24) hours of the end of a storm event of0.5 inches or greater. Where sites have been finally or temporarily stabilized, where runoff is unlikely due to winter conditions
(e.g. site is covered with snow, ice, or frozen ground exists), or during seasonal arid periods in arid areas (areas with an average annual rainfall of0 to 10 inches) and semi-arid areas
(areas with an average annual rainfall of 10 to 20 inches), inspections must be conducted at least once every month. (b) Personnel, familiar with all structural and non-structural controls
described in the SWP3 and utilized at the site, must inspect disturbed areas ofsoil and areas used for storage of materials that are exposed to precipitation for evidence of, or the
potential for, pollutants entering the drainage system. Sediment and erosion control measures identified in the SWP3 must be inspected to ensure that they are operating correctly. Locations
where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking. These inspection must be conducted at least once every fourteen (14) calendar days
and within twenty four (24) hours ofthe end of a storm event of 0.5 inches or greater. Page 39 
TPDES General Pennit TXR040000 Discharge locations or points from the site that are accessible must be inspected to determine iferosion control measures are effective in preventing visually
noticeable changes to receiving waters, including persistent cloudy appearance in water color and noticeable accumulation ofsediments. Where discharge locations are inaccessible, nearby
downstream locations must be inspected to the extent that such inspections are practicable. The frequency for these inspections must be established by the pennittee in the SWP3 with
consideration for local rainfall and soil, but must occur at least once during the construction activity if a discharge occurs. (c) The SWP3 must be modified based on the results of
inspections, as necessary, to better control pollutants in runoff. Revisions to the SWP3 must be completed within seven (7) calendar days following the inspection. If existing BMPs are
modified or if additional BMPs are necessary, an implementation schedule must be described in the the SWP3 and wherever possible those changes implemented before the next storm event.
If implementation befure the next anticipated storm event is impracticable, these changes must be implemented as soon as practicahlt:.:. .. (d) A report summarizing the scope ofthe inspection,
names and qualifications of personnel making the inspection, the dates of the inspection, and major observations relating to the implementation of the SWP3 must be made and retained
as part of the SWP3. Major observations should include: The locations of discharges of sediment or other pollutants from the site; locations ofBMPs that need to be maintained; locations
ofBMPs that failed to operate as designed or proved inadequate for a particular location; and locations where additional BMPs are needed. (e) Actions taken as a result of inspections
must be described within, and retained as a part of, the SWP3. Reports must identif'y any incidents ofnoncompliance. Where a report does not idcntif'y any incidents of noncompliance,
the report must contain a certification that the facility or site is in complian.ce with the SWP3 and this permit. 10. The SWP3 must identif'y and ensure the implementation of appropriate
pollution prevention measures for all eligible non-storm water components of the discharge. 1(. Additional Retention of Records Requirements The pennitlee must retain the following records
for a minimum period of three (3) years from the date that final stabilization has been aehieved on all portions ofthe site. Records include: Page 40 
TPDES General Permit TXR040000 1. 2. a copy ofthe SWP3; and all reports and actions required by this permit, including a copy of the site notice. Page4! 
TPDES General Pennit TXR040000 Attachment I CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality Storm Water Program TPDES GENERAL PERMIT TXR040000 The following
information is posted in compliance with Part VII. of the Texas Commission on Environmental Quality (TCEQ) General Permit Number TXR040000 for discharges ofstorm water runofffrom construction
sites that are operated by small municipal separate storm sewer system operators. Additional infonnation regarding the TCEQ storm water pennit program may be found on the internet at:
􀁉􀀬􀁾􀁾􀁾􀀽􀁾􀁾􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀁾􀀽􀀽􀀽􀀽􀀽􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀬􀀬􀀭􀀭􀀭Contact Name and Phone Number Project Description (lnI"u_IIng estimated start date and either
the projected date that disturbed soils will be finally Location of Storm Water Pollution IPlr"v.p.ntinn Plan 1 (Typed or Printed Name Person Completing This CerlificltT!on) penalty
of law that rhave read and understand the eligibility requirements for claiming an authorization under Part VII. of TPDES GeneralPennit TXR040000. A storm water pollution prevention
plan has been developed and implemented according to pennit requirements. ram aware there are significant penalties for providing false information or for conducting unauthorized discharges,
including the possibility offine and imprisonment for knowing violations. Signature and Title Date Page 42 
CONCRETE BATCH FACILITIES PERMITTEE NAMEIADDRESS ({l'II:Jude 􀁆􀀸􀁤􀁾􀁴􀀺􀁦􀀠Nal'l'Hlll.ocatlori \' OtffErerrt) NAME ADDRESS FACILITY 􀁌􀁏􀁾􀁁􀁔􀁉􀁏􀁎􀀠(32-37) TPDES Genera! Penni! TXR040000
Attachment 2 TPDES General Pennit TXR150000 STW/TXR15 ICO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) . NOTE: Enter your permit number in the DISCHARGE MONITORING REPORT
(OMR) underlined space in the upper right hand (2-16) (17-19) comer of this page. Example:STWI TXR15 001231 PERMIT NUMBER J I 􀁄􀁉􀁓􀁃􀁈􀁁􀁒􀁾􀁕􀁍􀁂􀁅􀁦􀁌􀁬􀁧􀁾􀁹If required, mail to:
-TCEQ (MC 212) P,O, Box 13087 Austin, TX 78711-3087 o OF SAMPLE ANALYSIS 'TYPE (64-&l) (69-70) pH COMMENTS AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here) EPA Form
3320-1 (3-99) (REPLACES EPA FORM T-40 WHICH MAY NOT BE USED) PAGE OF Form Approved OMB No. 2040-004 Page 43 
Robert]. Huston; Chairman R. B. "Ralph" Marquez, Commissioner John M. Baker, Commissioner JefITey A. Saitas, Execulive Director TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting
Texas by Reducing and Preventing Pollution September 19, 2001 Dear Permit Holder: RE: General Permit for Discharges ofStorm Water Associated With Industrial Activities Permit Number
TXR050000 Our records indicate that you previously held permit coverage for storm water discharges under the National Pollutant Discharge Elimination System (NPDES) Multi-Sector General
Permit from the U.S. Environmental Protection Agency (EPA). The Texas Natural Resource Conservation Commission (TNRCC) now has the permitting authority for this storm water general permit,
and has prepared a Texas Pollutant Discharge Elimination System (TPDES) general permit to replace the expiring NPDES permit. This TPDES permit, TXR050000, was issued and effective on
August 20, 200 I. Current permit holders will have ninety (90) days from the August 20, 200 I to to revise their storm water pollution prevention plan, according to the conditions of
this permit, and to submit a notice of intent (NOI) for continued permit coverage. Certain facilities may qualifY for exclusion from permit application requirements if there is no exposure
of industrial activities to storm water. The NOr application form, other necessary forms, and a copy of the general permit is available on the TNRCC's internet website (http://home.tnrcc.state.tx.us/
permitting/wate!perrnlwwperm/industrv.btml#general). You may obtain additional information on the TPDES storm water permit program viewing the TNRCC website, calling the TNRCC Storm
Water Hotline at (512) 239-3700, contacting the Storm Water & General Permits Team at (S 12) 239-4433, or contacting the TNRCC's Small Business and Local Government Assistance Division
at (800) 447-2827. Sincerely, 􀁾􀁾􀀠Stephen M. Ligon, Team Leader Storm Water & General Permits Team Water Penuits & Resource Management Division SMUmm P.O. Box 13087 • Austin, Texas
78711-3087 • 5121239-1000 • Internet address:www.tnrcc.state.tx.us printed on reeycled paper using soy-based ink 
I'PDES _mal Stllllll Warer l'ennitCove.mge wysiwyg:l11611h..¥Jlwww.tnrcc.s__tx.•••􀁲􀁮􀁮􀁩􀁴􀁴􀁩􀁮􀁧􀁬􀁷􀁾􀀮􀁨􀁴􀁭􀁬􀀠Texas Natural Resource Conservation Commission Rnles I Calendar
I Publications I Forms I About TNRCC I Belp = See Also: The EPA's NPDES storm water NPDES Sturn! Water Multi-8ector General Permit (MS6Pl 􀁾􀀠Industrial Stormwater Permits • TransitiQn
From the NPDES Pennit to the TPDES Pennit • Agency Pennitting Authority • Industrial Pennit Coverage • Industrial Pennit CQmpliance -.-----..􀀭􀁾􀀽􀀭􀀭􀀭􀀭􀀭􀀭􀀭Transition From the NPDES
Permit to the TPDES Permit The current National Pollutant Discharge Elimination System (NPDES) penni! for discharges ofstorm water associated with industrial activities is the federal
multi-sector general penni! (MSGP). TNRCC will reissue and begin to administer the NPDES MSGP following the pennit's expiration on September 29, 2000. Facilities that discharge under
authority Qf this general pennit may obtain continued coverage either by applying for the Texas Pollutant Discharge Elimination System (TPDES) MSGP penni!:. or by applying for an individual
pennit TPDES stQnnwater penni!. Obtaining Coverage Under the TPDES MSGP TNRCC will not have a TPDES MSGP issued and effective priQr to the expiratiQn ofthe curren! MSGP penni!. Shortly
before September 29, 2000, TNRCC will accept administratiQn of the federal MSGP and propose to reissue the pennit as a TPDES pennit. This actiQn will allow facilities permitted under
the expiring MSGP tQ continue tQ discharge storm water until the TPDES MSGP is issued. During this period the TNRCC can nQt accept and process any additional nQtices of intent (NOIs)
fQr pennit cQverage. When the TPDES pennit is issued there will be a time frame (90 days is anticipated) fQr permittees tQ make any necessary changes to stQrm water PQllutiQn preventiQn
plans (SWP3s) and tQ submit NOIs for permit cQverage. TNRCC will nQt provide NOIs until the permit is issued. Please cQntinue tQ mQnitor this web page tQ Qbtain the latest infQrmatiQn
on issuance Qfthe TPDES MSGP, QryQu may call the TNRCC's StQrm Water Permits Team at (412) 239-4433. Obtaining Coverage Under a TPDES Individual Permit ApplicatiQns fQr an individual
permit shQuld have been received by TNRCC at least 180 days prior tQ September 29, 2000. To apply fQr an individual stQrmwater permit, CQntact the TNRCC's StQrm Water Permits Team at
8114100 1:35 PMofS 
TIDES Jnduslrial SIOml Water Permit Coverage wysiwyg:i116Ilbllpiiwww.trucc.Slate,tx""ennitting/waterpennfwwpetmJindilslIy.hbn (512) 239-4433. -Agency Permitting Authority Storm Water
Pennit l!i.'II=======p=e=mu='tti_'=n"lgFA=u=th=o=n='ty=========1I EPA (NPDES) 􀁾􀀠TNRCC (TPDES) Multi-Sector I Until the current MSGP ! Upon issuance of the General Pennit iexpires (9129/00)
or TNRCC's general (MSGP) Iuntil the 􀁾􀁃􀁃issues pennit for industrial I a new pemut.I Iactivities, i ! If the TNRCC hasn't , ! issued its pennit by! 9/29/00, the current !MSGP will
remain in I j effect until the TNRCC's I i pennit is issued. I 􀀡􀁆􀁦􀁩􀁉􀁬􀁬􀀽􀁾􀀽􀁩􀁖􀁬􀀽􀀧􀁤􀀽􀁵􀀽􀀭􀁾􀀽􀀽􀀽􀁰􀀽􀁥􀀽􀁭􀁵􀀽􀀧􀁴􀀽􀀭􀀭􀀧􀀴􀁉􀀢􀀭􀀧􀀭􀀭􀀭􀀭􀀭􀀭􀀧􀀭􀀢􀀭􀀭􀀭􀀢􀁆􀀻􀀽􀀺􀀽􀀺􀀺􀁲􀁵􀀽􀀧􀁾􀀽
􀀺􀁾􀀽􀁾􀀢􀀽􀁾􀀽􀀢􀀽􀁾􀀧􀀽􀁮􀀽􀁥􀁷􀀽􀀽􀀧􀀽􀀽􀀭􀁉􀁉􀁉􀀠􀀬􀁾􀀠..J 􀁾􀀨􀁽􀁦􀀸􀀠Industrial Storm Water Permit Coverage • Industrial Activities Requjring Coverage • Steps for Detennining
Pennit Applicability • No Exposure Exclusion • Municipal Industrial Sources Exempted Exempted by ISIEA • Transition From the NPDES Pennit to the TPDES Pennit • Obtaining Coverage Under
the IPDES MSGP • Obtaining Coverage Under a TPPES Indivjdual Pennit Industrial Activities Requiring Coverage Facilities that meet the definition of stoan water discharges associated
with industrial 􀁡􀁣􀁴􀁩􀁶􀁩􀁴􀁹􀁾􀀠[found in the Code of Federal Regulations (CFR), Part 40, Section 122.26(b)(l4)(i)-(xi)] must be covered under a TPDES industrial storm water discharge
pennit. Facilities that are described by one or more of the 11 categories of industrial 􀁡􀁣􀁴􀁩􀁶􀁪􀁴􀁪􀁥􀁳􀁾􀀠defined by federal regulations and that discharge storm water through
a municipal seperate storm sewer system (MS4) or directly to waters of the state, will need to obtain coverage under, and comply with, a TPDES industrial storm water discharge pennit.
The only exception is for Category (x), construction activities, which is addressed separately, Steps for Detennining Pennit Applicability 8/14100 1:35 PM