RAPID/Roadmap/6-TX-b

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Regulatory and Permitting Information Desktop Toolkit

Texas Construction Storm Water Permit (6-TX-b)

In Texas, a developer may need a Texas Pollutant Discharge Elimination System (TPDES) Construction General Permit from the Texas Commission on Environmental Quality (TCEQ) if the project will disturb one or more acres or is a part of a larger common plan of development or sale that will disturb one acre or more. Tex. Water Code § 26.040. If the discharge will disturb less than one acre, no permit is necessary, and the developer may continue with the project. The TCEQ oversees the Construction Storm Water Permitting process in Texas in accordance with Tex. Water Code § 26.040. Under Tex. Water Code § 26.121 Unauthorized Discharges Prohibited it is unlawful to discharge pollutants into or adjacent to water in Texas unless authorized by rule, permit, or order. Effective March 5, 2013, the TCEQ reissued the TPDES Construction General Permit (TXR150000) to allow discharge of storm water runoff from construction sites in Texas into surface waters in the state.


Construction Storm Water Permit Process

6-TX-b.1 - Storm Water Pollution Prevention Plan

Construction storm water discharges of one acre or more require the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) to identify and address potential sources of pollution that are reasonably expected to affect the quality of discharges from the construction site, including off-site material storage areas, overburden and stockpiles of dirt, borrow areas, equipment staging areas, vehicle require areas, fueling areas, ect used solely by the permitted project. The SWPPP describes the implementation of best practices used to minimize the discharge of pollutants in storm water associated with the construction activity.

The developer must prepare the SWPPP prior to obtaining authorization under the TPDES Construction General Permit and the SWPPP must be implemented prior to commencing construction activities that result in soil disturbance. The developer must retain the SWPPP on-site at the construction site or, if the site is inactive or does not have an on-site location to store the plan, the developer must post a notice at the site describing the location of the SWPPP.

The SWPPP must include, at a minimum, the information described in Part III Section F of the TPDES Construction General Permit and must comply with the construction and development effluent guidelines in Part III Section G of the General Permit. The SWPPP must include:

  • A site or project description;
  • A description of the Best Management Practices (BMPs) the project will use to minimize storm water pollution runoff;
  • A description of permanent storm water controls;
  • Other required controls and BMPs;
  • Documentation of compliance with approved state and local plans;
  • Maintenance requirements;
  • Inspection controls;
  • The identification of and ensured implementation of appropriate pollution prevention measures for all eligible non-storm water components of the discharge (as listed in Part II.A.3 of the General Permit);
  • Information required in Part III.B of the General Permit; and
  • Pollution prevention procedures that comply with Part III.G.4 of the General Permit.

For additional information and details on the SWPPP requirements see the TPDES Construction General Permit (TXR150000).

6-TX-b.2 - Will the Discharge Disturb 5 Acres or More

If the discharge will disturb five acres or more or is a part of a larger common plan of development or sale that will disturb five acre or more, the developer must complete the Notice of Intent for Storm Water Discharges (TXR1500000). Otherwise, the developer may continue onto the Site Notice process.

6-TX-b.3 – Notice of Intent for Storm Water Discharges

Primary operators must submit a Notice of Intent (NOI) for Storm Water Discharges to the TCEQ executive director at least seven days prior to commencing construction activities, or if utilizing electronic submittal, prior to commencing construction activities. “Primary Operators” is defined in Part I, Section B of the General Permit to mean, “the person or persons associated with a large or small construction activity that meets either of the following two criteria: (a) the person or persons having on-site operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or (b) the person or persons having day-to-day operational control of those activities at a construction site that are necessary to ensure compliance with a Storm Water Pollution Prevention Plan (SWP3) for the site or other permit conditions.”

The NOI must include:

  • The TPDES CGP authorization number for existing authorizations under this general permit, where the operating submits an NOI to renew coverage within 90 days of the effective date of this general permit;
  • The name, address, and telephone number of the operating filing the NOI for permit coverage;
  • The name (or other identifier), address, county, and latitude/longitude of the construction project or site;
  • The number of acres that the project will disturb;
  • Confirmation that the project or site will not be located on Indian Country lands;
  • Confirmation that the developer prepared an SWPPP in accordance with the General Permit, that the developer will implement prior to construction, and this is compliant with any applicable local sediment and erosion control plans; for multiple operators who prepare a shared SWPPP, the confirmation for an operator may be limited to its obligations under the SWPPP provided all obligations are confirmed by at least one operator;
  • Name of the receiving water(s);
  • The classified segment number for each classified segment that receives discharges from the regulated construction activity (if the discharge is not directly to a classified segment, then the classified segment number of the first classified segment that those discharges reach); and
  • The name of all surface waters receiving discharges from the regulated construction activity that are on the latest Environmental Protection Agency-approved Clean Water Act 303(d) List of impaired waters.

NOI forms must be signed according to 30 TAC 305.44

6-TX-b.4 – Sign, Certify, and Post Site Notice

Small Construction Activities

Operators of small construction activities under five acres must sign and certify a completed TCEQ Small Construction Site Notice (ADD DOCUMENT) and post the notice at the construction site in a location where it is safely and readily available for viewing by the general public, local, state, and federal authorities. The operator of the small construction activity must post the site notice prior to commencing construction and must maintain the notice in that location until the completion of the construction activity.

Small Construction Site Notice

The operator of small construction activities must remove the site notice upon:

  • Final stabilization has been achieved on all portions of the site that are the responsibility of the permittee;
  • A transfer of operational control has occurred; or
  • The operator has obtained alternative authorization under an individual or general TPDES permit.

Large Construction Activities

Primary operators of large construction activities five acres or more must post the TCEQ Site Notice near the main entrance of the construction site. If the project does not have a primary operator, the secondary operator (defined in Part I, Section B of the General Permit as "The person or entity, often the property owner, whose operational control is limited to: (a) the employment of other operators, such as a general contractor, to perform or supervise construction activities; or (b) the ability to approve or disapprove changes to construction plans and specifications, but who does not have day-to-day on-site operational control over construction activities at the site") must post the TCEQ Secondary Operator Site Notice. The site notice must be located where it is safely and readily available for viewing by the general public, local, state, and federal authorities. The operator of the small construction activity must post the site notice prior to commencing construction and must maintain the notice in that location until the completion of the construction activity.

Large Construction Site Notice for Primary Operators

Large Construction Site Notice for Secondary Operators

6-TX-b.5 – Submit copy of NOI or Site Notice to MS4 Operator

Small Construction Activities

The operator of a small construction activity must provide a copy of the signed and certified construction site notice to the operator of any municipal separate storm sewer system (MS4) receiving the discharge prior to commencement of construction activities.

Large Construction Activities

All primary operators must provide a copy of the signed NOI to the operator of any MS4 receiving the discharge and to any secondary construction operator.

All secondary operators must provide a copy of the signed and certified TCEQ Secondary Operator Site Notice to the operator of any MS4 receiving the discharge prior to commencement of construction activities.

6-TX-b.6 – Notice of Termination (if Applicable)

Each operator that has submitted an NOI under the General Permit must apply to terminate the authorization by submitting a Notice of Termination for Authorization under TPDES General Permit TXR150000 (NOT) to the TCEQ. The operator must provide a copy of the NOT to the TCEQ and operator of any MS4 receiving the discharge within 30 days of:

  • Final stabilization of all portions of the site that are the responsibility of the operator;
  • A transfer of control; or
  • Attainment of alternative authorization under an individual TPDES permit or alternative TPDES general permit.

The NOT must include:

  • If the TCEQ granted authorization following the submission of an NOI, the operator’s site-specific TPDES authorization number for the construction site;
  • An indication of whether the construction activity is complete or if the operator is simply no longer an operator at the site;
  • The name, address, and telephone number of the permittee submitting the NOT;
  • The Name, address, county, and location (latitude/longitude) of the construction project or site; and
  • A signed certification that either all storm water discharges requiring authorization under the general permit will no longer occur, or that the operator is no longer the operator at the construction site and that all temporary structural erosion controls have either been removed, will be removed on a schedule defined in the SWPPP, or have been transferred to a new operator.




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Edit Texas Commission on Environmental Quality
Construction Storm Water Discharge Permitting Contact
512.239.4784

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