CM-2014-423City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing TCEQ form "Notice of Intent (NOI) for Stormwater
Discharges from Small Municipal Separate Storm Sewer Systems (MS4)
under the TPDES Phase II MS4 General Permit (TXR040000)".
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/16/2014
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost:
Indexes:
Attachments: LAF - NOI for Stormwater Discharges from Small Municipal Separate
Storm (00298789xA08F8), MS4 NOI
Department: Utilities and Environmental Services
Text of Legislative File CM -2014-423
Stormwater Program staff, in collaboration with staff from multiple City departments, prepared this
Storm Water Management Program (SWMP) which documents a comprehensive plan to manage
the quality of the discharges from the Municipal Separate Storm Sewer System (MS4) and ultimately
protect and enhance water quality in our creeks and waterways.
The City is required by Texas Pollutant Discharge Elimination System Program (TPDES) to obtain
permit coverage from Texas Commission on Environmental Quality (TCEQ) for discharges from its
MS4. The SWMP describes the six Minimum Control Measures (MCMs) and Best Management
Practices (BMPs) that the City will implement over a five year period. The City will enhance existing
activities that are designed to protect the environment and water quality and supplement those
activities with new BMPs. The BMPs were selected based on the requirements of the TCEQ general
permit, a general assessment of their effectiveness, applicability to the City, and implementation
cost.
The SWMP and associated Notice of Intent demonstrate the City's eligibility for small MS4 permit
coverage per the TPDES General Permit TXR040000. With a census population of fewer than
100,000, the City is categorized as a Tier 3 MS4 operator. The General Permit provides coverage
for MS4 discharges until the general permit expires December 12, 2018.
Staff recommends approval.
City of Round Rock Page 1 Printed on 5/14/2014
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Utilities & Environmental Services
Project Mgr/Resource: Michael Thane
JJCouncil Action:
ORDINANCE
Agenda Wording
Project Name: NWA
ContractorNendor: TCEQ
RESOLUTION
City Manager Approval
CMA Wording
Consider executing TCEQ form "Notice of Intent (NOI) for Stormwater Discharges from Small Municipal Separate Storm Sewer
Systems (MS4) under the TPDES Phase II MS4 General Permit (TXR040000)".
Attorney Approval
Attorney
Notes/Comments
Date j 2 lq
O:lwdoxxSCCInts10141114001MISC100298789.XLS Updated 6/3/08
TCEQ Office Use Only
Permit No.:
RN:
CN:
Region:
TCEQ Notice of Intent (NOI) for Stormwater Discharges
from Small Municipal Separate Storm Sewer Systems
(MS4) under the TPDES Phase II MS4 General Permit
(TXRo400o0)
IMPORTANT:
• Use the INSTRUCTIONS to fill out each question in this form.
• Use the CHECKLIST to make certain you filled out all required information.
Incomplete applications WILL delay approval or result in automatic denial.
• Once processed your authorization can be viewed at:
http://www2.tceq.texas.gov/wq dpa/index.cfm
APPLICATION FEE:
• You must pay the $ioo Application Fee to TCEQ for the paper application to be
complete.
• Payment and NOI must be mailed to separate addresses.
• Did you know you can pay on line?
• Go to https://www3.tceq.texas.govjepay/index.cfm
• Select Fee Type: GENERAL PERMIT MS4 PHASE II STORM WATER DISCHARGE
NOI APPLICATION
• Provide your payment information below, for verification of payment:
Mailed ® Check/Money Order No.:
Name Printed on Check:
EPAY ® Voucher No.: 208551
Is the Payment Voucher copy attached? pi Yes
One (1) copy of the NOI and Stormwater Management Program (SWMP) with the
completed SWMP Cover Sheet MUST be submitted with the original NOI and
SWMP.
Is the copy attached? 171 Yes
RENEWAL: Is this NOI a Renewal of an existing Phase II MS4 General Permit
Authorization?
(Note: An authorization cannot be renewed after June 11, 2014.)
® Yes The existing authorization number is: TXRo4 0253
(If an authorization number is not provided, a new number will be
assigned.)
® No
TCEQ 20368 (Effective 12/13/2013, Form rev. 04/02/2014)
CM -2014-423
Page 1
1) OPERA'T'OR (Applicant)
a.
If the applicant is currently a customer with TCEQ, what is the Customer Number (CN)
issued to this entity? You may search for your CN at:
http: //www12.tceq.texas.gov/crpub jindex.cfm?fuseaction=cust.CustSearch
CN 600413181
b. What is the Legal Name of the entity (applicant) applying for this permit?
City of Round Rock
(The exact legal name must be provided.)
c. What is the name and title of the person signing the application? The person must be an
executive official meeting signatory requirements in 3o TAC 305.44(a).
Prefix (Mr. Ms. Miss): Mr.
First/Last Name: Steve Norwood Suffix:
Title: City Manager Credential:
d. What is the contact information for the Operator Contact (Responsible Authority)? The
mailing address must be recognized by the US Postal Service. You may verify the address at:
https: //tools.usps.com/go/ZipLookupAction!input.action
Phone Number: (512) 218-7046 Ext: Fax Number: (512) 218-5536
E-mail: stormwater@roundrocktexas,gov
Mailing Address: 2008 Enterprise Dr
Internal Routing (Mail Code, Etc.):
City: Round RockState: Texas ZIP Code: 78664
If outside USA: Territory: Country Code: Postal Code:
e. Indicate the type of Customer The instructions will help determine your customer type):
❑ Federal Government State Government ❑ County Government
® City Government ❑ Other Government
f. Number of Employees:
❑ 0-20; ❑ 21-100; ❑ 101-250; ❑ 251-500; or 171501 or higher
2) BILLING ADDRESS
The Operator is responsible for paying the annual fee. The annual fee will be assessed to
authorizations active on September 1 of each year. TCEQ will send a bill to the address provided
in this section. The Operator is responsible for terminating the permit when it is no longer
needed.
Is the billing address the same as the Operator Address?
® Yes, go to Section 3).
❑ No, complete section below
Phone Number: Ext: Fax Number:
E-mail:
Mailing Address:
Internal Routing (Mail Code, Etc.):
City: State: ZIP Code:
Mailing Information if outside USA:
Territory: Country Code: Postal Code:
TCEQ 20368 (Effective 12/13/2013, Form rev. 04/02/2014) Page 2
3) REGULATED ENTITY (RE) INFORMATION
If the site of your business is part of a larger business site or if other businesses were located at
this site before yours, a Regulated Entity Number (RN) may already be assigned for the larger
site. Use the RN assigned for the larger site. Search TCEQ's Central Registry to see if the larger
site may already be registered as a regulated site at:
http: / /wwwl2.tceq.texas.gov/crpub/index.cfm?fuseaction=regent. RN Search.
If the site is found, provide the assigned Regulated Entity Reference Number and provide the
information for the site to be authorized through this application below. The site information
for this authorization may vary from the larger site information.
a. TCEQ issued RE Reference Number (RN): RN 105569867
b. Name that is used to identify the small MS4 (Example: City of XXX MS4)
City of Round Rock MS4
c. Provide a brief description of the regulated MS4 boundaries: (Example: Area within the City
of XXXX limits that is located within the xxx (e.g. Dallas) urbanized area):
Area within the City Limits of Round Rock that is part of the Austin Urbanized Area as defined by
the 2010 Census
d. City where the largest residential population exists within the regulated MS4 boundaries:
Round Rock
e. ZIP code where the largest residential population exists within the regulated MS4
boundaries:
78664
f. County where the largest residential population exists within the regulated MS4 boundaries:
Williamson
Is the MS4 located within additional counties?
❑ Yes — If Yes, what county (or counties)?
Travis
❑ No
g. Latitude: 30.508611
Longitude: -97.678888
4) GENERAL CHARACTERISTICS
a. Is the project/site located on Indian Country Lands?
❑ Yes — If Yes, you must obtain authorization through EPA, Region 6.
❑ No
b. What is applicant's Standard Industrial Classification (SIC) code?
SIC Code: 9111
c. What is the category or level of the MS4 based on the population served?
® Level is Operators of traditional small MS4s that serve a population of less than 10,000
within an urbanized area (UA).
TCEQ 20368 (Effective 12/13/2013, Form rev. 04/02/2014) Page 3
❑ Level 2: Operators of traditional small MS4s that serve a population of at least 10,000
but less than 40,000 within an UA.
This category also includes all non-traditional small MS4s such as counties,
drainage districts, transpiration entities, military bases, universities, colleges,
correctional institutions, municipal utility districts and other special districts
regardless of population served within the UA, unless the non-traditional MS4
can demonstrate that it meets the criteria for a waiver from permit coverage
based on the population served.
▪ Level 3: Operators of traditional small MS4s that serve a population of at least 40,000
but less than 100,000 within an UA.
❑ Level 4: Operators of traditional small MS4s that serve a population of 100,000 or
more within an UA.
d. Has TCEQ "designated" the small MS4 as needing coverage under this general permit?
® Yes
® No - If No and no portion of the small MS4 is located within an UA as determined by the
2000 or 2010 Decennial Census by the U.S Bureau of Census requiring a NOI be
submitted, the operator is not eligible for coverage under this general permit
through the NOI.
e. What is your annual reporting year?
❑ Calendar year
❑ MS4 general permit year
® Fiscal year — If Fiscal year, what is the last day of the fiscal year? 09/30/14
f. Stormwater Management Program (SWMP)
1. I certify that the SWMP submitted with this Notice of Intent has been developed
according to the provisions of this general permit TXRo40000.
® Yes
No — If No, the application is considered incomplete and may be returned.
2. I certify that the SWMP Cover Sheet is completed and attached to the front of the
SWMP.
® Yes
❑ No — If No, the application is considered incomplete and may be returned.
3. Who is the person responsible for implementing or coordinating implementation of the
SWMP? (Note: All contact information requested below is required.)
First/Last Name: Alysha Girard
Title: Storm Water Program Manager
Company: City of Round Rock
Phone Number: (512) 218-6646 Ext: Fax Number: (512) 218-5536
E-mail: agirard@roundrocktexas.gov
Mailing Address: 2008 Enterprise Dr.
Internal Routing (Mail Code, Etc.):
City: Round Rock State: TX ZIP Code: 78664
TCEQ 20368 (Effective 12/13/2013, Form rev. 04/02/2014)
Page 4
g. 7th Minimum Control Measure (MCM) for Municipal Construction Activities
1. Is the MCM for authorization to discharge stormwater from municipal construction
activities included with the attached SWMP?
❑ Yes — If Yes, what are the boundaries within which those activities will occur?
(Note: If the boundaries are located outside of the urbanized area, then the
entire SWMP must also incorporate the additional areas.)
® No
2. Is the discharge or potential discharge from regulated construction activities within the
Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of
the Edwards Aquifer?
® Yes — If Yes, please note that a copy of the agency approved Water Pollution
Abatement Plan (WPAP) required by the Edward Aquifer Rule (3o TAC
Chapter 213) must be either included or referenced in the construction
stormwater pollution prevention plan(s).
❑ No
h. Discharge Information
1. What is the name of the water body (ies) receiving stormwater from the MS4?
Brushy and Gilleland Creek
2. What is the classified segment number(s) that receives discharges, directly or indirectly,
from the small MS4?
1244 and 1428
3. Are any of the surface water body (ies) receiving discharges from the small MS4 on the
latest EPA -approved Clean Water Act (CWA) §3o3(d) list of impaired waters?
❑ Yes — If Yes:
What is the name of the impaired water body (ies) receiving the discharge
from the small MS4?
Brushy Creek
What are the pollutants of concern?
E. coli.
❑ No
4. Is the discharge into any other MS4 prior to discharge into surface water in the state?
® Yes — If Yes, what is the name of the MS4 Operator?
Meadows at Chandler Creek Mud, TxDot, Williamson County
❑ No
i. Edwards Aquifer
Is the discharge or potential discharge from the MS4 within the Recharge Zone,
Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards
Aquifer?
® Yes - If Yes, complete certification below by checking "Yes".
❑ No
I certify that a copy of the TCEQ approved WPAP required by the Edwards Aquifer
Rule (3o TAC Chapter 213) is either included or referenced in the SWMP.
® Yes
TCEQ 20368 (Effective 12/13/2013, Form rev. 04/02/2014) Page 5
J.
Public Participation Process
The Office of Chief Clerk will send the operator or person responsible for publishing, the
notice of the executive director's preliminary determination of the NOI and SWMP, in a
newspaper of general circulation in the county where the small MS4 is located. If multiple
counties, notice must be published at least once in the newspaper of general circulation in
the county containing the largest resident population.
The applicant must file with the Chief Clerk a copy of an affidavit of the publication within
6o days of receiving the written instructions from the Office of Chief Clerk.
1. I will comply with the Public Participation requirements described in Part II.E.12 of the
general permit.
® Yes
® No — If No, coverage under this general permit is not obtainable.
2. Who is the person responsible for publishing notice of the executive director's
preliminary determination on the NOI and SWMP? (Note: All contact information
requested below is required.)
First/Last Name: Alvsha Girard
Title: Storm Water Program Manager
Company: City of Round Rock
Phone Number: (512) 218-6646 Ext:
E-mail: agirard@roundrocktexas.gov
Fax Number: (512) 218-5536
Mailing Address:2008 Enterprise Dr.
Internal Routing (Mail Code, Etc.):
City: Round Rock State: TX ZIP Code: 78664
3. What is the name and location of the public location where copies of the NOI and
SWMP, as well as the executive director's general permit and fact sheet, may be
reviewed?
Name of Public Place:
City of Round Rock Public Works
Address of Public Place:
2008 Enterprise Dr.
Round Rock, TX 78664
County of Public Place:
Williamson
TCEQ 20368 (Effective 12/13/2013, Form rev. 04/02/2014) Page 6
5) CERTIFICATION
Check Yes to the certifications below. Failure to indicate Yes to ALL items may result in denial
of coverage under the general permit.
a. I certify that I have obtained a copy and understand the terms and conditions
of the Phase II (Small) MS4 General Permit TXRo40000.
b. I certify that the small MS4 qualifies for coverage under the general permit
TXRo40000.
c. I understand that a Notice of Termination (NOT) must be submitted when this
authorization is no longer needed.
d. I understand that authorization active on September ist of each year will be
accessed an Annual Water Quality Fee.
Operator Certification:
® Yes
® Yes
® Yes
® Yes
Steve Norwood City Manager
Typed or printed name Title
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 complete. I am aware there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations.
I further certify that I am authorized under 3o Texas Administrative Code §3o5.44 to sign
and submit this document, and can provide documentation in proof of such authorization upon
request.
Signature:
Use blue ink)
40,
Date: e7c000
TCEQ 20368 (Effective 12/13/2013, Form rev. 04/02/2014) Page 7
NOTICE OF INTENT CHECKLIST (TXRo4o0o0)
• Did you complete everything? Use this checklist to be sure!
• Are you ready to mail your form to TCEQ? Go to the General Information Section of the
Instructions for mailing addresses.
This checklist is for use by the operator to ensure a complete application. Missing information
may result in denial of coverage under the general permit. (See NOI process description in the
Instructions)
Application Fee:
If paying by Check:
® Check was mailed separately to the TCEQs Cashier's Office. (See Instructions for
Cashier's address and Application address.)
® Check number and name on check is provided in this application.
If using ePay:
® The voucher number is provided in this application or a copy of the voucher is attached.
AUTHORIZATION NUMBER:
® Authorization number provided — if this application is for renewal of an existing
authorization.
OPERATOR INFORMATION - Confirm each item is complete:
® Customer Number (CN) issued by TCEQ Central Registry
® Legal name as filed to do business in Texas (Call TX SOS 512/463-5555)
® Name and title of responsible authority signing the application
® Mailing address is complete & verifiable with USPS. www.usps.com
0 Phone numbers/e-mail address
0 Type of operator (entity type)
® Number of employees
® Billing address is complete & verifiable with USPS. httn://www.usns.com
REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE - Confirm each item is
complete:
MS4/Regulated Entity Name
® Site description
® Latitude and longitude http://www.tceq.texas.gov/gis/sqmaview.html
® County
0 Site/project physical address. Do not use a rural route or post office box.
® Business description
GENERAL CHARACTERISTICS - Confirm each item is complete:
® Indian Country Lands —the facility is not on Indian Country Lands
® Standard Industrial Classification (SIC) Code www.osha.gov/oshstats/sicser.html
® Level of MS4
® Qualifying TCEQ "Designated" small MS4
® Annual Reporting Year
® 7th Minimum Control Measurement (MCM) for Municipal Construction Activities
® Discharge information
® Edwards Aquifer rule
Public participation information
CERTIFICATION
Certification statements have been checked indicating "Yes"
® Signature meets 3o Texas Administrative Code (TAC) 305.44 and is original.
® Stormwater Management Program (SWMP), and completed SWMP Cover Sheet are
attached to the NOI.
TCEQ-2o368 Checklist (Effective 12/13/2013, Form rev. 04/02/2014)
Page 1
STORMWATER MANAGEMENT PROGRAM (SWMP) COVER SHEET
Confirm Each Minimum Control Measure (MCM) Below is Included in the SWMP
This cover sheet MUST be completed by indicating the page number where the requested item
will be found in the SWMP. Provide the page number to the left of each item.
This cover sheet MUST be attached to the front of the SWMP.
Operator:
Operator name on NOI: City of Round Rock
Assessment of program elements:
® Program elements that were described in the previous permit have been assessed and
modified as necessary. New elements have been developed and implemented as necessary.
® N/A, If newly regulated MS4.
MCM 1: Public Education, Outreach, and Involvement
Page # (s) — Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for all MS4s:
1. SWMP includes a stormwater education and outreach program to educate public
employees, business, and the general public about hazards associated with the
illegal discharges and improper disposal of waste and about the impacts
stormwater can have on water quality, and steps they can take to reduce
pollutants in stormwater.
2. Defines the goals and objectives of the program based on high-priority
community -wide issues.
3. Identifies the target audiences.
4. Appropriate educational material is developed or used.
5. Education material is distributed.
SWMP Lists Best Management Practices (BMPs) used to fulfill this MCM.
Examples of possible BMPs include, but are not limited to, the following:
• Classroom Education
• Use of media
• Education/Outreach for Commercial Activities
• Lawn and garden activities
• Promotional giveaways
• Water conservation practices for homeowners
• Outreach programs tailored to specific communities and children
• Stormwater educational materials
• Educational displays, pamphlets, booklets, and utility stuffers
• Webpage
• Storm drain stenciling
• Speakers to community groups
• Encouragement of proper lawn and garden care
• Encouragement of low impact development
• Support of pollution prevention for businesses
16
13
13
16
16
14-22
TCEQ-2o368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 04/02/20) Page 1
14-22
15
19
14
14-22
13-22
13-22
• Encouragement of water conservation practices
• Encouragement of pet waste management
• Stormwater hotlines
6. SWMP includes a program that complies with state and local public notice
requirements.
7. May include using public input in the implementation of the program.
8. May include opportunities for citizen to participate in implementation of control
measures.
9. Ensure the public easily can find information about the SWMP.
SWMP Lists Best Management Practices (BMPs) used to fulfill this MCM.
Examples of possible BMPs include, but are not limited to, the following:
• Stakeholder meetings
• Community hotline
• Coordination with school groups/scouting
• Listserver
• Stream cleanup and monitoring
• Adopt -A -Stream programs
• Incentives for businesses to participate, such as web links
• Volunteer monitoring
• Watershed Organization
• Storm drain stenciling programs
• Advisory/partner committees
• Mailing list development and use
• Reforestation programs
• Wetland plantings
• Coordinate volunteer programs.
SWMP includes measureable goals, and the method of measurement, for addressing
stormwater quality
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
MCM 2: Illicit Discharge Detection and Elimination
Page # (s) — Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for all MS4s:
1. Description of program that will be used to detect, investigate and eliminate illicit
discharges
2. MS4 map:
a. Location of all small MS4 outfalls operated by the MS4 and that discharge
into waters of the U.S.
b. Location and name of all surface waters receiving discharge from the
MS4s outfalls.
c. Priority areas, if applicable.
3. Methods for informing and training MS4 field staff.
4. Procedures for tracing the source of an illicit discharge.
23
28
27
25
TCEQ-2o368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 04/02/20) Page 2
26
26
25
26
23
25
NA
23-34
23-34
23-34
5. Procedures for removing the source of the illicit discharge.
6. Facilitate public reporting of illicit discharges of water quality impacts associated
with discharges into or from the small MS4.
7. Procedures for responding to illicit discharges and spills.
8. Inspections in response to complaints.
Additional Requirements for Level 2, 3, and 4 small MS4s:
For Level 2, 3, and 4 small MS4, procedures to prevent and correct leaking on-site
sewage disposal systems.
Additional Requirements for Level 3 and 4 small MS4s:
Follow-up investigation after the illicit discharge has been eliminated.
Additional Requirements for Level 4 small MS4s:
1. Procedures for identifying and creating a list of priority areas within the small
MS4s likely to have illicit discharges.
2. Implement a dry weather field screening program to assist in detecting and
eliminating illicit discharges to the small MS4.
SWMP Lists Best Management Practices (BMPs) used to fulfill this MCM.
Examples of possible BMPs may include the following:
• List of non-stormwater discharges that will not be considered illicit
• Procedures to address illegal dumping
• Hazardous materials disposal opportunities
• Industrial/Business connections
• Addressing wastewater connections to MS4
• Addressing recreational sewage (boats/camping/etc.)
• System inspections
• Dye testing
• Recycling programs
• Informing public/employees/businesses of hazards associated with illicit
discharges
• Identification of illicit discharges
• Used oil collection centers
• Public outreach and education programs regarding illicit discharges
• Publicize and facilitate public reporting
SWMP includes measureable goals, and the method of measurement, for addressing
stormwater quality.
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
MCM 3: Construction Site Stormwater Runoff Control
Page # (s) — Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
TCEQ-2o368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 04/02/20) Page 3
35
38
37,38,41
,42
24
37,41
38,42
36
39,40,43
37,41
35-43
35-43
35-43
Requirements for all MS4s:
1. Description of program that will be developed, implemented and enforced, to
address stormwater runoff from construction once acre and greater (including
larger common plan).
2. 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.
3. Program requires construction site operators to implement erosion and sediment
control — BMPs to minimize the discharge of pollutants.
a. Program requires soil stabilization measures, and implementation of
BMPs to control pollutants from equipment and vehicle washing and
other wash waters.
b. Program requires operators to minimize exposure to stormwater of
building materials, building products, construction wastes, trash,
landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary
waste, and other materials.
c. Minimize the discharge of pollutants from spills and leaks. As an
alternative, ensure that the construction site has developed a stormwater
pollution prevention plan in accordance with the TPDES Construction
General Permit TXRi50000.
4. Program prohibits illicit discharges such as wash out wastewater, fuels, oils,
soaps, solvents, and dewatering activities.
5. Procedures for construction site plan review to consider water quality impacts.
6. Procedures for construction site inspections and enforcement of control
measures, to the extent allowable under state and local law.
7. Procedures for receipt and consideration of information submitted by the public.
8. Procedures for MS4 staff training.
Additional Requirements for Level 3, and 4 small MS4s:
Includes an inventory of all permitted active construction sites greater than one acre
or less than one acre if part of a larger common plan of development.
SWMP lists BMPs used to fulfill this MCM. Examples may include:
• Requirement to comply with TPDES CGP
• Notification to discharger of responsibilities under TPDES CGP
• Hire staff to review construction site plans
• Provide a web page for public input on construction activities
• Require overall construction site waste management
• Perform site inspections and enforcement
• Provide education and training for construction site operators
• Notify dischargers of requirement to obtain TPDES permit coverage
• Mechanism to prohibit discharges into MS4 where necessary
SWMP includes measurable goals, and the method of measurement, for addressing
stormwater quality.
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
TCEQ-2o368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 04/02/20) Page 4
MCM 4: Post -Construction Stormwater Management in New Development and Redevelopment
Page # (s) — Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for all MS4s:
1. Description of program that will be developed, implemented and enforced, to
address stormwater runoff from new development and redeveloped sites that
discharge into the small MS4 that disturb one acre or more, including projects
that disturb less than one acre that are part of a larger common plan of
development or sale.
2. Ordinance or other regulatory mechanism is in place or planned which will
regulate discharges from new development and redevelopment projects.
3. Establish, implement, and enforce a requirement that owners or operators of new
development and redeveloped sites design, install, implement, and maintain a
combination of structural and non-structural BMPs appropriate for the
community and that protects water quality.
4. Document and maintain records of enforcement actions.
5. Long-term operation and maintenance of post construction stormwater control
measures is addressed.
6. Operation and maintenance is documented.
Additional Requirements for Level 4 small MS4s:
1. Develop and implement an inspection program to ensure that all post
construction stormwater control measures are operating correctly and are being
maintained.
2. Inspections are documented.
SWMP lists BMPs used to fulfill this MCM. Examples may include:
• Local ordinance in place or planned
• Guidance document for developers to utilize
• Specific BMPs established for particular watersheds
• List of appropriate BMPs provided to operators
• Elimination of curbs and gutters is encouraged
• Zoning takes into account stormwater issues
• Incentives for use of permeable choices, such as porous pavement
• Requirements for wet ponds or other BMPs for certain size sites
• Xeriscaping
SWMP includes measurable goals, and the method of measurement, for addressing
stormwater quality.
45
46
47-51
51
50,51
50,51
NA
45-51
45-51
45-51
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
TCEQ-2o368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 04/02/20) Page 5
MCM 5: Pollution Prevention and Good Housekeeping for Municipal Operations
Page # (s) — Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for all MS4s:
1. An operation and maintenance (O&M) program, including an employee training
component, in place or scheduled, to reduce/prevent pollution from municipal
activities and municipally owned areas included but not limited to park and open
space maintenance; street, road, or highway maintenance; fleet and building
maintenance; stormwater system maintenance; new construction and land
disturbances; municipal parking lots; vehicle and equipment maintenance and
storage yards; waste transfer stations; and salt/sand storage locations.
2. Develop and maintain an inventory of the MS4's facilities and stormwater
controls.
3. Inform or train staff involved in good housekeeping practices.
4. Waste from the MS4 is removed and properly disposed.
5. Contractors hired by the MS4 must be required to comply with operating
procedures.
a. MS4 develop contractor oversight procedures.
6. MS4 evaluates O&M activities for their potential to discharge pollutants in
stormwater for road and parking lot maintenance, bridge maintenance, cold
weather operations, and right-of-way maintenance etc.
a. MS4 identifies pollutants of concern that could be discharged from the
O&M activities.
b. MS4s develop and implement pollution prevention measures that will
reduce discharge of pollutants from O&M activities.
c. MS4s inspects pollution prevention measures at MS4 facilities.
7. MS4 maintains structural controls.
Additional requirements for Level 3 and 4 small MS4s:
1. Storm sewer system O&M.
a. MS4 develops and implements an O&M program to reduce the collection
of pollutants in catch basins and other surface structures.
b. MS4 develops a list of potential problem areas for increased inspection
(for example, areas with recurrent illegal dumping).
2. Implement an O&M program to reduce discharge of pollutants from roads that
might include a street sweeping and cleaning program, or inlet protection. The
program includes an implementation schedule and a waste disposal procedure.
3. MS4 map identify MS4 facilities and stormwater controls.
4. MS4 assess its facilities for their potential to discharge pollutants into
stormwater.
a. The MS4 identifies high priority facilities that have a high potential to
generate stormwater pollutants. At a minimum, facilities include the
MS4s maintenance yards, hazardous waste facilities, fuel storage
locations, and any other facilities at which chemicals or other materials
have a high potential to be discharge in stormwater.
b. The MS4 documents the result of the assessments.
5. The MS4 develops stormwater management Standard Operation Procedures for
high priority facilities.
6. The MS4 implements stormwater controls at high priority facilities that address:
a. Good housekeeping
58
54
58
59
55
56
6o
6o
59
54
57
57
57
TCEQ-2o368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 04/02/20) Page 6
57
57
NA
53-60
53-60
53-60
b. De-icing and anti -icing storage
c. Fueling operations and vehicle maintenance
d. Equipment and vehicle washing
7. The MS4 develops and implements an inspection program that includes high
priority facilities.
Additional requirements for Level 4 small MS4s:
MS4 has an application and management program for pesticides, herbicides, and
fertilizers that address:
a. Evaluating materials and activities used at public open spaces.
b. Implementing the following practices to minimize generating pollutants
related to landscaping.
i. Education for applicators and distributers
ii. Encouragement of non -chemical solutions for pest management
c. Development of schedules that minimizes discharge of pollutants.
d. Ensuring collection and proper disposal of unused pesticides, herbicides,
and fertilizers.
SWMP lists BMPs used to fulfill this MCM. Examples may include:
• BMPs which address fleet vehicle maintenance/washing
• BMPs which address parking lot and street cleaning
• Catch basin and storm drain system cleaning
• Landscaping and lawn care (e.g. xeriscaping)
• Waste materials management
• Road salt application and storage practices
• Used oil recycling
• Pest management practices
• Fire training facilities
• BMPs which address roadway and bridge maintenance
• Golf course maintenance/waste disposal
• Disposal of cigarette butts
• Park maintenance (e.g., providing trash bags)
SWMP includes measurable goals, and the method of measurement, for addressing
stormwater quality.
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
MCM 6: Industrial Stormwater Sources
Page # (s) — Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for Level 4 MS4 only:
Program to identify and control industrial stormwater sources that at least includes:
a. MS4 landfills, other treatment, storage, or disposal facilities for municipal
waste, hazardous waste treatment, storage, disposal and recovery facilities
and facilities that are subject to Emergency Planning and Community Right -
to -Know Act (EPCRA).
b. Priorities and procedures for inspections and for implementing control
measures for such discharges.
NA
TCEQ-2o368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 04/02/20) Page 7
Optional 7t' MCM: Municipal Construction Activities (only available within the regulated area
where the MS4 operator meets the definition of construction site operator)
Page # (s) — Provide the page number (s) to the left of each item.
If this MCM is applicable, the SWMP includes the following information:
1. Description of how construction activities will generally be conducted so as to
take into consideration local conditions of weather, soils, and other site specific
considerations.
2. Description of the area that this MCM will address and where the MS4 operator's
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).
3. If the area included in this MCM includes areas outside of the UA, then all MCMs
will be implemented over those additional areas as well.
4. Description provided for one of the following:
a. How contractor activities will be supervised or overseen to ensure that the
Stormwater Pollution Prevention Plan (SWP3) requirements are properly
implemented at the construction site(s); or
b. How the MS4 operator will make certain that contractors have a separate
authorization for stormwater discharges if needed.
5. General description of how a construction SWP3 will be developed for each
construction site.
6. Records of municipal construction activities authorized under this optional
MCM.
NA
NA
NA
NA
NA
NA
TCEQ-20368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 04/02/20) Page 8
Notice of Intent (NOI) for Stormwater Discharges from Small
Municipal Separate Storm Sewer Systems (MS4) under the
TPDES Phase II MS4 General Permit (TXRo40000)
General Information and Instructions
GEN'ER.AL INFORMATION
Where to Send the Notice of Intent (NUI):
BY REGULAR U.S. MAIL:
Texas Commission on Environmental Quality
Applications Review and Processing Team
(MC -148)
P.O. Box 13087
Austin, Texas 78711-3087
TCEQ Contact List:
Small Business and Local Government Assistance
Application — status and form questions:
Technical questions:
Environmental Law Division:
Records Management - obtain copies of forms:
Reports from databases (as available):
Cashier's office:
BY OVERNIGHT/EXPRESS MAIL:
Texas Commission on Environmental Quality
Applications Review and Processing Team
(MC -148)
12100 Park 35 Circle
Austin, TX 78753
800/447-2827
512/239-4671
512/239-4671
512/239-0600
512/239-090o
512/239 -DATA (3282)
512/239-0357 or 512/239-0187
Notice of Intent Process:
When your NOI and SWMP is received by the program, the form will be processed as follows:
1) Administrative Review: Each item on the form will be reviewed for a complete response.
In addition, the operator's legal name must be verified with Texas Secretary of State as valid
and active (if applicable). The address(s) on the form must be verified with the US Postal
service as receiving regular mail delivery. Never give an overnight/express mailing address.
An application will not be declared administratively complete or approved if delinquent fees
and/or penalties of $25 or more are owed to the TCEQ. All such fees must be paid prior to
approval of the NOI.
2) Notice of Deficiency: If an item is incomplete or not verifiable as indicated above, a
notice of deficiency (NOD) will be mailed to the operator. The operator will have 3o days to
respond to the NOD. The response will be reviewed for completeness.
3) Technical Review of SWMP: More information may be requested by phone or technical
NOD letter mailed to the SWMP contact. The executive director's preliminary
determination on the NOI and SWMP will be prepared and filed with the TCEQ Chief Clerk.
4) Public Participation Process: The TCEQ Chief Clerk will mail written instructions for
publishing the executive director's preliminary determination on the NOI and SWMP at
least once in the newspaper of general circulation in the county where the small MS4 is
located. If applicable, a public meeting may be held.
TCEQ-2o368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 1
5) Acknowledgment of Coverage: An Acknowledgment Certificate will be mailed to the
operator. This certificate acknowledges coverage under the general permit.
-or-
Denial of Coverage: Coverage may be denied if the operator fails to respond to the NOD,
the response is inadequate, or find the NOI and SWMP do not meet the requirements of this
general permit. If coverage is denied, the operator will be notified.
General Permit
Coverage under the general permit begins upon approval of the NOI and the SWMP by TCEQ
and after the public notice process has been completed. You should have a copy of the general
permit when submitting your application. You may view and print the permit for which you are
seeking coverage, on the TCEQ web site http://www.tceq.texas.gov. Search using key word
TXRo40000.
General Permit Forms
The Notice of Intent (NOI), Notice of Termination (NOT), and Notice of Change (NOC)
(including instructions) are available in Adobe Acrobat PDF format on the TCEQ web site
http://www.tceq.texas.gov.
Change in Operator
An authorization under the general permit is not transferable. If the operator of the regulated
entity changes, the present permittee must submit a Notice of Termination and the new
operator must submit a Notice of Intent. The NOT and NOI must be submitted concurrently not
more than ten (io) calendar days after the change occurs.
TCEQ Central Registry Core Data Form
The Core Data Form has been incorporated into this form. Do not send a Core Data Form to
TCEQ. After final acknowledgment of coverage under the general permit, the program will
assign a Customer Number and Regulated Entity Number.
You can find the information on the Central Registry web site at
http://wwwl2.tceq.texas.gov/crpub/index.cfm. You can search by the Regulated Entity (RN),
Customer Number (CN) or Name (Permittee), or by your authorization number under the
search field labeled Additional ID. Capitalize all letters in the authorization number.
The Customer (Permittee) is responsible for providing consistent information to the TCEQ, and
for updating all CN and RN data for all authorizations as changes occur. For General Permits, a
Notice of Change form must be submitted to the program area.
Fees associated with a General Permit
Payment of the fee may be made by check or money order, payable to TCEQ, or through EPAY
(electronic payment through the web).
Application Fee: This fee is required to be paid at the time the NOI is submitted. Failure to
submit payment at the time the application is filed will cause delays in acknowledgment or
denial of coverage under the general permit.
Mailed Payments:
Payment must be mailed under separate cover at one of the addresses below using the
attached Application Fee submittal form. (DO NOT SEND A COPY OF THE NOI WITH
THE APPLICATION FEE SUBMITTAL FORM)
TCEQ-2o368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 2
BY REGULAR U.S. MAIL
Texas Commission on Environmental Quality
Financial Administration Division
Cashier's Office, MC -214
P.O. Box 13088
Austin, TX 78711-3088
BY OVERNIGHT/EXPRESS MAIL
Texas Commission on Environmental Quality
Financial Administration Division
Cashier's Office, MC -214
12100 Park 35 Circles
Austin, TX 78753
ePAY Electronic Payment: http://www.tceq.texas.gov/epay
When making the payment you must select Water Quality, and then select the fee category
"General Permit MS4 Phase II Stormwater Discharge NOI Application". You must include
a copy of the payment voucher with your NOI. Your NOI will not be considered complete
without the payment voucher.
Annual Water Quality Fee: This fee is assessed to permittees with an active
authorization under the general permit on September 1 of each year. The designated billing
contact will receive an invoice for payment of the annual fee in December of each year. The
payment will be due 3o days from the invoice date. A 5% penalty will be assessed if the payment
is received by TCEQ after the due date. Annual fee assessments cannot be waived as long as the
authorization under the general permit is active on September 1.
It's important for the permittees to submit a Notice of Termination (NOT) when coverage under
the general permit is no longer required. A NOT is effective on the postmarked date of mailing
the form to TCEQ. It is recommended that the NOT be mailed using a method that documents
the date mailed and received by TCEQ.
Mailed Payments:
You must return your payment with the billing coupon provided with the billing statement.
ePAY Electronic Payment: http://www.tceq.texas.gov/epay
You must enter your account number provided at the top portion of your billing statement.
Payment methods include American Express, MasterCard, Visa, and electronic check
payment (ACH).
INSTRUCTIONS FOR FILLING OUT THE NOI FORM
Renewal of General Permit: Dischargers holding active authorizations under the expired
General Permit are required to submit a NOI to continue coverage. The existing authorization
number is required. If the authorization number is not provided or has been terminated,
expired, or denied a new permit number will be issued.
1. Operator (Applicant)
a) Enter assigned Customer Number (CN)
TCEQ's Central Registry will assign each customer a number that begins with CN, followed by
nine digits. This is not an authorization number, registration number, or license
number.
If this customer has not been assigned a CN, leave the space for the CN blank. If this customer
has already been assigned this number, enter the permittee's CN.
TCEQ-2o368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014)
Page 3
b) Legal Name
Provide the current legal name of the permittee.
c) Operator Mailing Address
Provide a complete mailing address for receiving mail from the TCEQ. The address must be
verifiable with the US Postal Service at http://www.usps.com for regular mail delivery (not
overnight express mail). If you find that the address is not verifiable using the USPS web search,
please indicate the address is used by the USPS for regular mail delivery.
The area code and phone number should provide contact to the operator. Leave Extension
blank if not applicable.
The fax number and e-mail address are optional and should correspond to the operator.
d) Type of Customer (Entity Type)
Check only one box that identifies the type of entity. Use the descriptions below to identify the
appropriate entity type. Note that the selected entity type also indicates the name that must be
provided as an applicant for a permit, registration or authorization.
Government
Federal, state, county, or city government (as appropriate)
The customer is either an agency of one of these levels of government or the
governmental body itself. The government agency's `legal name' must be provided as the
applicant. A department name or other description of the organization should not be
included as a part of the `legal name' as applicant.
Other Government
A utility district, water district, tribal government, college district, council of
governments, or river authority. Write in the specific type of government.
e) Number of Employees
Check one box to show the number of employees for this customer's entire company, at all
locations. This is not necessarily the number of employees at the site named in the application.
2. BILLING ADDRESS
An annual fee is assessed to each operator holding an active authorization under the general
permit on September 1 of each year. Provide the complete mailing address where the annual fee
invoice should be mailed. Verify the address with the USPS. It must be an address for delivery
of regular mail, not overnight express mail. Also, provide a phone number of the operator's
representative responsible for payment of the invoice.
Country Mailing Information: If this address is outside the United States, enter the territory
name, country code, and any non -ZIP mailing codes or other non -U.S. Postal Service features
here. If this address is inside the United States, leave these spaces blank.
3. REGULATED ENTITY (RE) INFORMATION ON PROJECTOR SITE
a. Regulated Entity Reference Number (RN)
A number issued by TCEQ's Central Registry to sites (a location where a regulated activity
occurs) regulated by TCEQ. This is not an authorization number, registration number, or
license number. If this regulated entity has not been assigned an RN, leave this space blank.
TCEQ-2o368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014)
Page 4
If the site of your business is part of a larger business site, a Regulated Entity Number (RN) may
already be assigned for the larger site. Use the RN assigned for the larger site. Search TCEQ's
Central Registry to see if the larger site may already be registered as a regulated site at:
http ://wwwl2.tceq.texas.gov/crpub/ index. cfm?fuseaction = regent. RNSearch
If the site is found, provide the assigned Regulated Entity Reference Number (RN) and provide
the information for the site to be authorized through this application. The site information for
this authorization may vary from the larger site information.
An example is a chemical plant where a unit is owned or operated by a separate corporation that
is accessible by the same physical address of your unit or facility. Other examples include
industrial parks identified by one common address but different corporations have control of
defined areas within the site. In both cases, an RN would be assigned for the physical address
location and the permitted sites would be identified separately under the same RN.
b. Site/Project Name/Regulated Entity
Provide the name of the site as known by the public in the area where the site is located. The
name you provide on this application will be used in the TCEQ Central Registry as the Regulated
Entity name.
c. Describe the boundaries of the regulated portion of the small MS4.
In your own words, briefly describe the boundaries of the regulated portion of the small MS4.
Do not repeat the SIC Code description.
d. Provide the city where the largest residential population exists within the regulated MS4
boundaries. If there is no city within the boundaries of the MS4, provide the name of the
nearest city.
e. Provide the ZIP code where the largest residential population exists within the regulated
MS4 boundaries.
f. County
Identify the county or counties in which the regulated entity is located.
g. Latitude and Longitude
Enter the latitude and longitude of the site in degrees, minutes, and seconds or decimal form.
For help obtaining the latitude and longitude, go to:
http://www.tceq.texas.gov/gis/sgmaview.html or http://nationalmap.gov/ustopo
4. GENERAL CHARACTERISTICS
a. Indian Country Lands
If your site is located on Indian Country Lands, the TCEQ does not have authority to process
your application. You must obtain authorization through EPA, Region 6, Dallas. Do not
submit this form to TCEQ.
Indian Country means (1) all land within the limits of any American Indian reservation
under the jurisdiction of the U.S. government, notwithstanding the issuance of any patent,
and including rights-of-way running throughout the reservation; (2) all dependent Indian
communities within the borders of the United States whether within the original or
subsequently acquired territory thereof, and whether within or outside the limits of a State;
TCEQ-2o368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 5
and (3) all Indian allotments, the Indian titles which have not been extinguished, including
rights-of-way running through the same.
Indian Tribe means any Indian Tribe, band, nation, or community recognized by the
Secretary of the Interior and exercising substantial governmental duties and powers.
b. Standard Industrial Classification (SIC) code
Provide the SIC code that best describes the operator's primary business. Common SIC
Codes are provided below. For help with SIC codes, go to:
www.osha.gov/oshstats/sicser.html
9111 - Executive offices (such as for a city, county, ect.)
8221 - Colleges, Universities, and Professional Schools
8222 - Junior Colleges and Technical Institutes
9621 - Regulation and Administration of Transportation Programs
4111 - Local and Suburban Transit
4952 - Sewerage Systems
4971 - Irrigation Systems
9223 - Correctional Institutions
9511 - Air and Water Resource and Solid Waste Management (including flood control,
drainage development, etc.)
c. Category or level of the MS4
The general permit defines MS4s by four different categories or levels, based on the
population served within the 2010 UA. "Population served" means the residential
population within the regulated portion of the small MS4 based on the 2010 Census, except
for non-traditional small MS4s.
A reference map identifying the 2010 Census UAs can be found at
www.epa.gov/npdes/stormwater/urbanmaps
d. TCEQ "Designated" small MS4
A small MS4 that is outside of urbanized area that is "designated" by TCEQ is eligible for
coverage under this general permit. The small MS4 Operator must obtain authorization
under this general permit or apply for coverage under an individual TPDES stormwater
permit within 18o days of notification of their designation.
Information about urbanized areas (UAs) and a link to the UA maps are found on the EPAs
website at: http://cfpubl.epa.gov/npdes/stormwater/urbanmaps.cfm
e. Annual Reporting Year
The annual report must address the previous reporting year. The selected reporting year
cannot be changed during the permit year.
1. The first reporting year begins on the permit effective date (December 13, 2013) and
lasts for a period of one (1) year.
2. If the MS4 selects the fiscal year, the first reporting year will last until the end of the
fiscal year following the end of the first permit year.
TCEQ-2o368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 6
3. If the MS4 selects the calendar year then the first reporting year will last until
December 31, 2014.
f. SWMP
1. The NOI must include the SWMP when submitted to TCEQ for processing, and the
Operator is required to certify the SWMP has been developed according to the general
permit. Also, the SWMP Cover Sheet must be completed and placed to the front of the
SWMP. When completing the SWMP Cover Sheet, be sure to enter the page number
and/or page range for each item under an MCM.
2. The general permit requires the name, address, phone number and fax number of the
designated person responsible for implementing and coordinating implementation of the
SWMP. All information is required with an exception of email, however, this
information is desired.
g.
Changes to the SWMP may require TCEQ approval. Changes must be submitted by Notice
of Change to the same address as the NOI. Notice of Change will either be automatically
approved or additional information may be request before approval.
7th Minimum Control Measure (MCM)
1. Indicate if the municipality is seeking coverage under this general permit for municipal
construction activities where the municipality meets the definition of "construction site
operator".
2. If authorization for municipal construction activities is proposed in this NOI the
developed MCM must be included with the SWMP and the NOI must include a
description of the boundaries covered in the MCM. The area included for this MCM
must include only the regulated MS4 area; or it may include additional areas of the MS4
if all other MCMs are implemented over the additional area as well.
This coverage may be obtained after the original NOI is approved. This may be
accomplished by submitting a Notice of Change that includes the developed MCM and a
description of the proposed municipal construction activity boundaries addressed in the
MCM. If the MS4 operator proposes to include additional areas outside of the regulated
MS4, then the Notice of Change must also indicate that the MS4 operator will
implement the entire SWMP over the additional areas.
3. If the discharge or potential discharge from regulated construction activities is within
the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone
of the Edwards Aquifer, then additional requirements may exist under the Edwards
Aquifer Protection Program (3o TAC Chapter 213). For construction activities that will
be regulated under TXRo40000, the approved Contributing Zone Plan or Water
Pollution Abatement Plan must be included or referenced as part of the construction
site stormwater pollution prevention plan. For other activities regulated under 3o TAC
Chapter 213, information must be included in the SWMP. Compliance with any
Edwards Aquifer requirements is required in addition to the requirements of this
general permit.
h. Discharge Information
1. The stormwater may be discharged directly to a receiving stream or through another
MS4* from your MS4. It eventually reaches a receiving water body such as a local
TCEQ-2o368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 7
stream or lake, possibly via a drainage ditch. You must provide the name of the surface
water body that receives the discharge from the site (a local stream or lake). Please note
that this general permit does not grant permission to use another MS4 as a conveyance
of stormwater and certain non -storm water discharges along the discharge route.
2. Identify the classified segment number(s) receiving a discharge directly or indirectly.
Go to the link below to find the segment number of the classified water body where
wastewater would flow: www.tceq.texas.gov/publications/gi/gi-316
3. Identify any surface water bodies receiving discharges from the small MS4 that are on
the latest EPA -approved CWA § 3o3(d) list of impaired waters.
EPA approved CWA 3o3d list of impaired waters can be found at:
http://www.tceq.texas.gov/waterquality/assessment/los 3o�.htm1
4. Identify the MS4* Operator name if the stormwater discharge is into an MS4.
*MS4 is an acronym for Municipal separate storm sewer system. MS4 is defined as
a separate storm sewer system owned or operated by a state, city, town, county, district,
association, or other public body (created by or pursuant to state law) having jurisdiction over
disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts
under state law such as a sewer district, flood control or drainage district, or similar entity, or an
Indian tribe or an authorized Indian tribal organization, that discharges to water in the state.
For assistance, you may call the technical staff of the Water Quality Assessment & Standards
Section at 512/239-4671.
i. Edwards Aquifer Rule
See maps on the TCEQ website to determine if the site is located within the Recharge Zone,
Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer at
http://www.tceq.texas.gov/field/eappiviewer.html
If the discharge or potential discharge is within the Recharge Zone, Contributing Zone, or
Contributing Zone within the Transition Zone of the Edwards Aquifer, then additional
requirements may exist under the Edwards Aquifer Protection Program (3o TAC Chapter 213).
For activities regulated under 3o TAC Chapter 213, any required plans must be included in the
SWMP. Compliance with any Edwards Aquifer requirements is required in addition to the
requirements of this general permit.
j. Public Participation
The applicant must indicate on the NOI that it will comply with the public participation
requirements described in Part II.D.12 of the general permit. The person responsible for
receiving the information from the TCEQ Chief Clerk for publishing in the newspaper must be
identified and all contact information must be provided.
After review of the NOI and SWMP is completed, the Office of Chief Clerk will mail the
Executive Director's preliminary determination to the contact provided in the NOI for
publishing in the newspaper of largest circulation in the county of the small MS4.
TCEQ-2o368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 8
The comment period begins on the first date the notice is published and ends 3o days later,
unless a public meeting is held. If a public meeting is held it will end at the closing of the public
meeting.
The applicant must file with the Chief Clerk a copy and an affidavit of the publication of
notice(s) within 6o days of receiving the written instructions from the Office of Chief Clerk.
If significant public interest exists, the executive director will direct the applicant to publish
notice of the meeting and to hold the public meeting. The applicant must publish the notice of
public meeting at least 3o days prior to the public meeting and hold the meeting in the county
where the MS4 is located.
5. CERTIFICATIONS
Failure to indicate Yes to ALL of the certification items may result in denial of coverage under
the general permit.
Operator Certification:
The certification must bear an original signature of a person meeting the signatory requirements
specified under 30 Texas Administrative Code (TAC) §305.44.
IF YOU ARE A CORPORATION:
The regulation that controls who may sign an NOI or similar form is 3o Texas Administrative
Code §305.44(a)(1) (see below). According to this code provision, any corporate representative
may sign an NOI or similar form so long as the authority to sign such a document has been
delegated to that person in accordance with corporate procedures. By signing the NOI or similar
form, you are certifying that such authority has been delegated to you. The TCEQ may request
documentation evidencing such authority.
IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY:
The regulation that controls who may sign an NOI or similar form is 3o Texas Administrative
Code §305.44(a)(3) (see below). According to this code provision, only a ranking elected official
or principal executive officer may sign an NOI or similar form. Persons such as the City Mayor
or County Commissioner will be considered ranking elected officials. In order to identify the
principal executive officer of your government entity, it may be beneficial to consult your city
charter, county or city ordinances, or the Texas statute(s) under which your government entity
was formed. An NOI or similar document that is signed by a government official who is not a
ranking elected official or principal executive officer does not conform to §3o5.44(a)(3). The
signatory requirement may not be delegated to a government representative other than those
identified in the regulation. By signing the NOI or similar form, you are certifying that you are
either a ranking elected official or principal executive officer as required by the administrative
code. Documentation demonstrating your position as a ranking elected official or principal
executive officer may be requested by the TCEQ.
If you have any questions or need additional information concerning the signatory requirements
discussed above, please contact the Texas Commission on Environmental Quality's
Environmental Law Division at (512)239-0600.
TCEQ-2o368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 9
3o Texas Administrative Code
§305.44• Signatories to Applications
(a) All applications shall be signed as follows.
(1) For a corporation, the application shall be signed by a responsible corporate
officer. For purposes of this paragraph, a responsible corporate officer means a president,
secretary, treasurer, or vice-president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision-making functions for the
corporation; or the manager of one or more manufacturing, production, or operating facilities
employing more than 25o persons or having gross annual sales or expenditures exceeding $25
million (in second-quarter 198o dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures. Corporate procedures
governing authority to sign permit or post -closure order applications may provide for
assignment or delegation to applicable corporate positions rather than to specific individuals.
(2) For a partnership or sole proprietorship, the application shall be signed by a
general partner or the proprietor, respectively.
(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. For purposes of this
paragraph, a principal executive officer of a federal agency includes the chief executive officer of
the agency, or a senior executive officer having responsibility for the overall operations of a
principal geographic unit of the agency (e.g., regional administrator of the EPA).
TCEQ-2o368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 10