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CM-13-07-119ROUND ROCK, TEXAS NJRiov neon PR PFRrtr City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing "Notice of Change Form" to amend the City's Storm Water Management Program with TCEQ. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 7/26/2013 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: Indexes: Attachments: Form_NoticeOfChange_TCEQ_CM7.26.13 Text of Legislative File CM -13-07-119 The City of Round Rock's Storm Water Management Plan (SWMP) currently contains the optional Minimum Control Measure (MCM) 7 Authorization for Construction Activities where the small Municipal Separate Storm Sewer System (MS4) is the Site Operator. The City wants to remove MCM 7 due to the confusion it causes with engineering firms since the City is one of a handful of Cities statewide that have adopted MCM 7. TCEQ's new Construction General Permit was adopted in March of 2013. Round Rock is requesting to drop MCM 7 effective July 31, 2013. City projects will then seek coverage under the new Construction General Permit. The renewed Construction General Permit has additional requirements beyond the requirements listed in the MS4 general permit. Utilizing the Construction General Permit to obtain coverage for City projects will eliminate confusion and ensure that the City is following the same regulations and procedures as other cities in the state. Staff recommends approval. City of Round Rock Page 1 Printed on 7/25/2013 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 Council Action: ORDINANCE Agenda Wording Project Name: MS4 Permit Notice of Change ContractorNendor: TCEQ RESOLUTION [JCity Manager Approval CMA Wording Consider executing "Notice of Change Form" to amend the City's Storm Water Management Program with TCEQ. Attorney Approval Attorney Notes/Comments Date —7)1 O:1wdox1SCCInts10141\13001MISC\00278474.XLS Updated 6/3/08 Irl Notice of Change (NOC) to an Authorization PeTCErmit NQ Ofo.: fice Use Only for Stormwater Discharges from Small RN: Municipal Separate Storm Sewer Systems CN: (MS4) under the TPDES Phase II MS4 General Permit (TXR040000) IMPORTANT PLEASE READ THE FOLLOWING INFORMATION AND INSTRUCTIONS BEFORE FILLING OUT THIS FORM. The form will be returned for one of the following reasons: 1) the permit cumber is not provided, invalid, or no longer active, 2) a wet ink signature of person meeting signatory requirements for permittee is not provided, 3) the current permittee is not the applicant, and; 4) a requested change in operator name is not a legal name change . THIS FORM CANNOT RE USED FOR A CHANGE IN OPERATOR REFER TO YOUR GENERAL PERMIT. What is the Permit Number of the authorization to be changed? TXR04 0253 A. APPLICANT INFORMATION: Search Central Registry at bttnJ/www12.tcea.texas.anv/cmub/ 1. Operator (Permittee) a. What is the full Legal Name of the current Operator as on the authorization? b. What is the TCEQ Central Registry Customer Number assigned to this Operator? CN 600413181 2. Permitted Site (required) What is the TCEQ Central Registry Regulated Entity Number assigned for this permitted site? I RN 105569867 B. REQUESTED CHANGE TO PERMITTED INFORMATION What information has changed or needs corrected? (Check one or more of the sections being updated and enter the new information in the corresponding section of this form.) ❑Operator Legal Name Change with Texas Secretary of State (TX SOS). (Note: Permits are not transferable. If a change in entity has occurred, this NOC is not attainable.) Address and contact information for Operator, Billing for Annual Fee or Site Mailing Address. Site Information (Regulated Entity) (Note: Permits under a general permit are site specific. If a change in site location has occurred, this NOC is not attainable.) Change To The Approved SWMP 1. OPERATOR LEGAL NAME CHANGE a. What is the NEW active Legal Name with TX SOS or on other legal document? New Legal Name: b. What is the TX SOS Filing Number for us to confirm this official name change? (This is only applicable to Limited Partnership or Corporations.) 2. ADDRESS & CONTACT INFORMATION CHANGE a. What mailing address and/or contact information has changed? check one or more as applicable) ■ Operator for permit correspondence Site (RE) Mailing Address and contact information ■ Billing address/contact for Receiving Annual Fee Statement b. If you ❑ selected more than one, is the information to be updated the same for each selection? Yes — Provide the updated information m the fields below. No — Attachment 1 of the NOC is attached to this form, to provide the different addresses. ATTN or C/O: Address: Suite No/Bldg. No./Mail Code: City: State: ZIP Code: Country Mailing Information (if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) E -Mail: TCEQ- 20392 (06/14/2007) W-13 -v1-11q Page 1 3. REGULATED ENTITY (RE) SITE INFORMATION CORRECTION or UPDATE a. Updated or Corrected description of the regulated MS4 boundaries: b. Other update to regulated entity information. Please explain. 4. CHANGE TO THE APPROVED SWMP Check the applicable items) to be changed or updated and complete the settles for each item. Reference the attachment for each item. Add the r Minimum Control Measure (MCM) to the approved SWMP. Complete Attachment 2 of the NOC and the following question: Are you seeking to use the 76 MCM only in the regulated (urbanized) area? Yes - Attach the MCM with Attachment 2 of the NOC. 0No — Attach the MCM with Attachent 2 of the NOC and indicate YES to the following certification: I certify that the MS4 is in compliance with all of the MCMs listed in this general permit, in the MS4's additional area where the 7* MCM will be utilized. QYES Failure to indicate YES to this certification will result in denial. Notice to update the approved SWMP adding components, controls, or requirements to the SWMP; or replacing a BMP with an equivalent BMP. Are the revisions to the approved SWMP attached? DYes, under attachment Request to update the approved SWMP, replacing a less effective or infeasible BMP specifically identified in the SWMP with an alternate BMP. Are the revisions to the approved SWMP attached? QYes, under attachment Other requested changes to the approved Are the revisions to the approved SWMP SWMP requiring TCEQ approval. attached? 1 Yes, under attachment A C. APPLICATION CONTACT If TCEQ needs additional information regarding this application, who should be contacted? 1. Name: Aiysha Girard Tide: Stormwater Program Manager Company: City of Round Rock 2. Phone No.: ( 512) 218-6646 Ext: Fax No.: (512) 218-5563 &Mail: agirard©roundroektexas.gov D. CERT IFICATION Operator Cortication: I, Steve Norwood City Manager certify under designed to who manage knowledge possibility of I further certify ma docuUatmor► Signature: Typed or printed name (REQUIRED) Title (REQUIRED) penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my and belief; true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the fine and imprisonment for knowing violations. that I am 1 .. •' - under 30 Te Administrative Code $305.44 to sign and submit this docum rtt, and can vide ' i,�`- " 'ter'., _ . ���%<,�' Date.cf,7' 2-‘. /3 (U -7 tee ink) (REQUIRED) (REQUIRED) TCEQ- 20392 (01/14/2007) Page 2 Attachment A Other Requested Changes to the SWMP Requiring TCEQ Approval Requested Change: The City of Round Rock's SWMP currently contains the optional MCM 7 Authorization for Construction Activities where the small MS4 is the Site Operator. The City wants to remove MCM 7 due to the confusion It causes with engineering firms since we are one of a handful of cities statewide that have adopted MCM 7. TCEQ's new Construction General Permit was adopted in March of 2013. Round Rock is requesting to drop MCM 7 effective July 31, 2013. City projects will then seek coverage under the new Construction General Permit. The renewed Construction General Permit has additional requirements beyond the requirements listed in the MS4 general permit. Utilizing the Construction General Permit to obtain coverage for City projects will eliminate confusion and ensure that the City is following the same regulations and procedures as other cities in the state. Attachment 1 to a NOC Form for Providing Different Address & Contact Information Related to a Specific Permit under General Permit TXR040000 What is the Permit No.? TXR04 0253 (REQUIRED) ADDITIONAL ADDRESS & CONTACT INFORMATION Fill in the changes as applicable. Incomplete and invalid addresses will not be used. Verify mailing addresses at USPS.com. Operator ATTN or C/O: Address: Suite No./Bldg. No./Mail Code: City: State: ZIP Code: Country Mailing Information (if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) E -Mail: Billing Address for Receiving Annual Fee Statement ATTN or C/O: Address: Suite No./Bldg. No./Mail Code: City: State: ZIP Code: Country Mailing Information (if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) E -Mail: Site (RE) Mailing Address ATTN or C/O: Address: Suite No./Bldg. No./Mail Code: City/State: ZIP Code: Country Mailing Information (if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) E -Mail: TCEQ- 20392 NOC Attachment 1 (08/14/2007) Page 1 Attachment 2 to a NOC Form for adding the Optional 7`h Minimum Control Measure 7th Minimum Control Measure Cover Sheet This cover sheet MUST be completed by indicating the page number where the requested item will be found in the MCM. Provide the page number in the left column for each item. The questions relating to the Edwards Aquifer must also be answered. This cover sheet MUST be attached to the front of the MCM. Operator Name on NOI: Page N (s) Opt onal 7th MCM : Municipal Construction Activities (only available within the regulated area where the MS4 operator meets the definition of construction site operator) If this MCM is utilized applicable, SWMP must include the following information: 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 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) 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. Description provided for one of the following: ► How contractor activities will be supervised or overseen to ensure that the SWP3 requirements are properly implemented at the construction site(s); or ► How the MS4 operator will make certain that contractors have a separate authorization for storm- water discharges if needed. General description of how a construction SWP3 will be developed for each construction site. Edwards Aquifer Rule Is the discharge Zone, or If the answer (30 TAC plan(s). or potential discharge from regulated construction activities within the Recharr e Zone, Contributing Contributing zone within the Transition zone of the Edwards Aquifer? • Yes LI No is "Yes", please note that a copy of the agency approved Plan required by the Edwards Aquifer Rule Chapter 213) must be either included or referenced in the construction stormwater pollution prevention TCEQ- 20392 NOC Attachment 2 (08/14/2007) Page 1 Notice of Change (NOC) to an Authorization for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) under the TPDES Phase II MS4 General Penult (TXR040000) General Information and Instructions GENERAL INFORMATION Where to Send the Notice of Change (NOC): BY REGULAR U.S. MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality Applications Review & Processing Team (MC 148) Applications Review & Processing Team (MC 148) P.O. Box 13017 12100 Park 35 Circle Austin, TX 78711-3087 Austin, TX 78753 TCEQ Contact list: Application Processing Questions relating to the status and form requirements: 512/239-4671 Technical Questions relating to the general permit: 512/239-4671 Environmental Law Division: 512/239-0600 Records Management for obtaining copies of forma submitted to TCEQ: 512/239-0900 Information Services for obtaining reports from program data bases (as available): 512/239 -DATA (3282) Financial Administration's Cashier's office: 512/239-0357 or 512/239-0187 Notice of Change Process: When your NOC is received by the program, the form will be processed as follows: 1. Administrative Review: The form will be reviewed to ensure the request is from the permittee (operator) on the authorization, the permit is active and initial coverage was acknowledged. Each item on the form will be reviewed for a complete response that qualifies for a NOC. In addition, the operator's legal name change must be verified with Texas Secretary of State (if applicable). The address(s) on the form must be verified with the US Postal service u an address receiving regular mail delivery. Never give an ovemight/express mailing address. If an item is incomplete or not verifiable as indicated above, the operator ll1Y be notified by letter, phone call or email. In some instances as noted at the beginning of the form, the request may simply be returned. 2. NOC Confirmation: An updated Acknowledgment Certificate will be mailed to the operator oh if the NOC is to change information provided on the acknowledgment certificate. The original coverage effective date will not change. General Permit (Year Permit) You may view and print your general permit on the TCEQ web site www.tcegtexas.gov. Enter the general permit number as the key word in the search box to locate the specific web page. General Permit Ferris The Notice of Intent (NOI), Notice of Termination (NOT), and Notice of Change (NOC) with instructions are available in Adobe Acrobat PDF format on the TCEQ web site www.tcea.texas.¢ov. Change is 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 NOI must be submitted not later than 10 days prior to the change in Operator status. Note that the NOT is effective on the postmarked date. It may be necessary to not terminale the existing permit undl coverage by the new entity is confirmed. TCEQ Central Registry Core Data Fern The Core Data Form has been incorporated into this form. De not send a are data fors t• TCEQ. You cam find die information on the Central Registry web site at wwwl2.tceq.texas.gov/crpub/. You can search by the Regulated Entity (RN), Customer Number (CN) or Name (Permittee), or by your permit number under the search field labeled "Additional ID". The Castanet (Permittee) is responsible for providing consistent information to the TCEQ, and for updating all CN and RN data for all associated authorizations as changes occur. For General Permits, a Notice of Change form must be subsitted to the program area for approval to update the CN and RN data in central registry. TCEQ- 20392 NOC Instructions (08/14/2007) Page I INSTRUCTIONS FOR FILLING OUT THE NOC FORM A. Applicant Inferential!' (Operator) 1. Provide the current permittee(s) full legal name u on the permit. b. Provide the TCEQ Issued Customer Number (CN) for the entity. Go to http://www12,tcegtexas.aov/crpub/ to locate your CN. lithe name(s) provided do not match the current permittee name(s), this form will be retuned. It is the responsibility of the permittee(s) to comply with the general pennit. Nets: If a change is being made to the CN and the CN has other TCEQ authorization types, it is the entity's responsibility to update those authorizations at the same time. If an authorization has been cancelled or terminated, the name can not be changed on the permit Because of this, a new CN may be issued for the new name. 2. Provide the TCEQ Issued Regulated Entity number assigned for this permitted activity. Go to httpJ/wwwl2.tceq.texas.gov/crpub/ to locate your RN. B. REQUESTED CHANGE TO PERMITTED INFORMATION Check one or more of the available options indicating the information in the form that is to be updated. Provide the updated information in Section 1 for Legal Name Change, Section 2 for Address & Contact Information Change, Section 3 for Regulated Entity Site Information Change, or Section 4 for General Characteristics Change, as applicable. 1. LEGAL NAME CHANGE Provide the new legal name. If the entity is a Limited Partnership or Corporation, the name change must be verifiable with Texas Secretary of State. The TX SOS filing number must be provided to verify only a name change occurred. You may contact the SOS at 512/463-5555, for more information related to filing in Texas. If filed in the county where doing business, provide a copy of the legal documents showing the legal name change. Legal name changes of a Corporation and Limited Partnership will be verified with Texas Secretary of State. If the entity is filed as a new entity with a new filing number, then the change cannot be made through a NOC. The permits are not transferable. If the operator changes, the old entity must terminate their permit and the new entity must submit a form for a new permit. 2. ADDRESS & CONTACT INFORMATION CHANGE Indicate the type of address and contact information that hu changed from the original NOI or last NOC submitted to TCEQ. If the address and/or contact information is the same for all types, then check each type and enter the information in the fields on the form. If some types have different information, then use the NOC ATTACHMENT 1. The permit number MUST be written on ATTACHMENT 1 to indicate it is a part of the NOC form for the pennit being updated. The updates cannot be made without reference to the submitted NOC form. Mailing Address The address MUST BE verifiable with the US Postal Service at 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. Failure to provide a valid nailing address will delay or prohibit us from updating the permit. Please note that address updates relating to a general permit authorization can ONLY be made through a Notice of Change. Address changes submitted through any other form can not be processed. 3. REGULATED ENTITY (RE) SITE INFORMATION CORRECTION The NOC form is only for use to update or correct information submitted on the original application or last NOC for the authorization. The authorization under a general permit is site specific. 4. CHANGE TO THE APPROVED SWMP The optional 7' Minimum Control Measure (MCM) can be added through an NOC atter approval of the NOI and SWMP. The MCM is limited to the regulated area, such u the portion of the MS4 located within an urbanized area or the area designated by TCEQ u requiring coverage. This MCM may also be utilized over additional portions of the MS4 as long as die MS4 is in compliance with all of the MCMs listed in the general permit. If the NOC is to add this MCM then Attachment 2 of t e NOC must be provided Adding components, controls, or requirements to the approved SWMP; or replacing a BMP with an equivalent BMP, may be made by the permittee at any time upon written notification to the TCEQ. Approval of this notification is not required. Replacing a less etfecdve or infeasible BMP specifically identified in the approved SWMP with an alternate BMP be The may requested. request must include an explanation of why the BMP was eliminated; an explanation of the effectiveness of tits replacement BMP, and an explanation of why the replacement BMP is expected to achieve the goals of the replaced BMP. Unless denied by the TCEQ, the change shall be considered approved and may be reed by the permittee 60 days firoam submitting the request Other requested changes to the approved SWMP require written approval from TCEQ prior to implementing. TCEQ- 20392 NOC Instructions (08/14/2007) Page 2 C. Application Contact Provide the name, title and communication information of the person that TCEQ can contact for additional information regarding this application. D. CERTIFICATIONS 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 contro Is who may sign an N 01 or similar form is 30 Texas Administrativ e Code §305.44(a)(1) (see below). A ccording 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 pro cedures. B y signing the NOI or si milar form, you are certifying that such authority has been deleg ated to you. The TCEQ may request documentation evidencing such authority. IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY: The regulation that contro Is who may sign an N 01 or similar form is 30 Texas Administrativ e Code §305.44(a)(3) (see below). A ccording to this code provision, only a ranking elected official or principal executive officer may sign an NOI or similar form. Persons s uch 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 b y a governor ent official who is not a rankin g elected official or princip al executive officer d oes not conform to §305.44(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 s imilar 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 addition al information concerning the signatory requirements discussed above, please contact the Texas Commission on Environmental Quality's Environmental Law Division at 512/239-0600. 30 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 offi cer m eans a pres ident, secretary, treasurer, or v ice-president of the corpor ation in charge of a pr incipal busine ss function, or any other person who performs si milar policy or decisi on-making function s for the corpor ation; or the manager of one or more manufacturin g, productio n, or operating facili ties em ploying m ore than 250 persons or having gross annual sales or expend itures exceeding $25 m illion (in sec ond-quarter 1980 dollars), if authority to sign docu ments has been assigned or de legated to the manager in accordance with corporate procedures. Corporate pro cedures governing authority to sign permit or post-closure order applicati ons may provide for assignment or delegation to applicable co rporate 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- 20392 NOC Instructions (08/14/2007) Page 3