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Conditional No Exposure Exclusion from Permit Requirements

Conditions that must be met for a facility to qualify for this waiver from certain requirements under the multi-sector general permit for stormwater from industrial facilities. Links to relevant forms and instructions.

Is my facility eligible for the exclusion from the permitting requirements?

Facilities with industrial activities described by one or more sectors in General Permit TXR050000Adobe Acrobat PDF Document may be excluded from permit requirements if industrial activities and materials are isolated from rain, snow, snowmelt, and runoff by storm-resistant shelters. (Help with PDF.)

Examples of industrial materials and activities include, but are not limited to:

  • material-handling equipment or activities
  • industrial machinery
  • raw materials
  • intermediate products
  • byproducts
  • final products
  • waste products
  • storage
  • loading and unloading
  • transportation or other conveyance activities

Storm-resistant shelters are not required for:

  • drums, barrels, tanks and similar containers that are tightly sealed, without operational valves, provided those containers are not deteriorated and do not leak

  • storage tanks in good structural condition without leaking valves

  • adequately maintained vehicles used in material handling

  • final products which are intended for outdoor use and are in the fully-assembled form, other than products that would be mobilized in storm water discharge (e.g., rock salt, wood chips, etc.")

If you believe your facility qualifies for this exemption, complete and submit the form Conditional No Exposure Certification (NEC) for Exclusion from the TPDES Multi-Sector General Permit ( TCEQ-10383)

Submit an original completed NEC form with an original signature and fee as noted on the NEC. You have three options:

  • Both the NEC and fee payment electronically through STEERS

  • The NEC on paperAdobe Acrobat PDF Document and the fee payment online via ePay

     -or-

  • The NEC on paperAdobe Acrobat PDF Document and the fee payment by check

After TCEQ review of an NEC submitted via paper, you will receive one of the following:

  • A Notice of Deficiency, in which case you will have 30 days to respond.

  • An Acknowledgement Letter acknowledging your coverage under this general permit.

  • A Denial Letter informing you that coverage has been denied (usually the result of information requested in a Notice of Deficiency letter not being fully provided).

If your NEC is submitted electronically you will receive the following:

  • An Acknowledgement Letter immediately.

You will not receive a Notice of Deficiency (NOD) or denial letter because the system is automated and verifies your information as you fill out the form.

Facilities that qualify for this exclusion and that contribute storm water discharges to a municipal separate storm sewer (HTML) system must also:

  • provide copies of the certification to the operator of that system

  • allow inspection of their facility by the operator of that system

Contact us if you have questions.