Stormwater Discharges from Large Construction Activities

• Steps to Take Before Discharging
• Provisional Coverage
• After TCEQ Review
• Steps to Take After Obtaining Coverage
• Notice of Change
• Notice of Termination
• Effluent Limits

Steps to Take Before Discharging

When you disturb 5 acres or more of land or are part of a larger common plan of development that will disturb 5 or more acres of land, you must follow these steps before discharging storm water to any surface water in the state of Texas:

1. Review your facility's compliance history ranking:

   • If your facility is new or has a ranking of "high" or "average," continue to Step 2.

   • If it is "poor," then your facility is not eligible for coverage under a general permit. You must apply for an individual permit instead.

2. Read the general permit (TXR150000) to make sure it applies to your situation. (Help with PDF.)

3. Prepare and implement a Storm Water Pollution Prevention Plan. For more details, see Part III of General Permit TXR150000.

4. Submit an original completed Notice of Intent (NOI) form with an original signature and fee as noted on the NOI. You have three options:

   • both the NOI and fee payment electronically through STEERS.

   • the NOI on paper and the fee payment online via ePay

   • the NOI on paper and the fee payment by check

5. Before starting construction, post a copy of the Site Notice at the construction site. Leave the notice posted until construction is completed.

   • Site Notice for Primary Operators of Large Construction Activities

   • Site Notice for Secondary Operators of Large Construction Activities

   Provisional Coverage

   Provisional coverage under this general permit begins:

   • Seven days after the completed NOI is postmarked for delivery to the TCEQ

   • or immediately if the completed NOI is submitted electronically using STEERS.

   After TCEQ Review

   After TCEQ review, you will receive one of the following:

   • an Acknowledgment Certificate acknowledging your coverage under this general permit.

   • a Notice of Deficiency if there is insufficient information in your application, in which case you will have 30 days to respond.

   • 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).

   Steps to Take After Obtaining Coverage

   After obtaining coverage under this permit:

   1. Adhere to the requirements of General Permit TXR150000.

   2. Submit a Notice of Termination (NOT) within 30 days after one or more of the following occurs:

      • final stabilization has occurred

      • another permitted operator has assumed control over all areas of the site that have not been finally stabilized and all silt fences and other temporary erosion control measures have either been removed, scheduled for removal, or transferred to a new operator as described in the Storm Water Pollution Prevention Plan

      • authorization was granted under an individual permit

   3. If the operator changes, the new operator must submit a Notice of Intent (NOI) and then the existing operator must submit a Notice of Termination (NOT). The NOT and NOI must be submitted at least 10 days before the change.

   4. If you are discharging to gutters, streets, channels, ditches or any other Municipal Separate Storm Water Sewer System (MS4) - which includes anything designed or used to collect or transport storm water - you must submit a copy of each of these items to the operator of that system at the same time you submit that item to the TCEQ:

      • Notice of Intent

      • Notice of Change, which is used if the operator becomes aware of failing to submit any relevant information or submitting incorrect information.

      • Notice of Termination

   Even if the general permit described above applies to your situation, you may opt to request coverage under an individual permit.

   You can view some of the relevant Rules for Storm Water Discharges from Construction Activities.

   Notice of Change

   A Notice of Change is required to be submitted for making updates, changes, or corrections to an NOI or Waiver as required in the general permit.

   Notice of Termination

   Notice of Termination can be submitted in one of the following ways:

   • Electronic (STEERS) NOT - even if the NOI was submitted via paper

   • Paper NOT (Instructions)

   New Effluent Limits

   On December 1, 2009, the U.S. Environmental Protection Agency (EPA) published effluent limitations guidelines (ELGs) and new source performance standards (NSPS) to control the discharge of pollutants from construction sites, 40 CFR Part 45. The regulation was effective on February 1, 2010. After this date, all permits issued by the EPA or states must incorporate the requirements of the final rule.

   According to the ELGs, all construction sites that are currently required to obtain permit coverage must implement a range of erosion and sediment controls and pollution prevention measures and meet a numeric effluent limit for turbidity of 280 NTU (nephelometric turbidity units) for certain large sites. The ELGs also state that, beginning on August 1, 2011 all sites that disturb 20 or more acres of land at one time would be required to comply with the turbidity limitation. On February 2, 2014 the limitation would apply to all construction sites disturbing 10 or more acres of land at one time.

   Since the adoption of this rule, the EPA has stayed the numeric effluent limit for turbidity of 280 NTU until it can make a correction to the numeric effluent limitation. The EPA intends to publish the proposed corrected final rule by May 30, 2011 so that the revised limitation can be effective by June 29, 2011. The EPA also plans to issue a final NPDES CGP by June 30, 2011 that will incorporate the new rule requirements, including the turbidity limit.

   The TPDES Construction General Permit (CGP), TXR150000, was issued on February 15, 2008 and effective on March 5, 2008. TCEQ expects to reissue the CGP on or before March 5, 2013, and the effluent limits described in this rule (40 CFR 450) will be incorporated into the re-issued permit. Facilities in Texas operating under the TPDES CGP are not currently required to meet the effluent limits in this rule; but will be required to do so when the CGP is reissued. TCEQ has adopted 40 CFR Part 450 by reference into state rules at 30 TAC §305.541, Effluent Guidelines and Standards for TPDES Permits. For additional information, see our rules.

   Contact us if you have questions.