Waiver Option 1 from MS4 Permitting Requirements (Small Systems Only)
If you operate a regulated small municipal separate storm sewer system (MS4), you might be eligible for a waiver from the permitting requirements under TPDES Permit Number TXR040000 if your MS4 meets every one of these conditions:
It serves a population of less than 1,000 within an urbanized area.
It does not contribute substantially to the pollutant loadings of a regulated, physically interconnected MS4 (small, medium, or large).
If it discharges any pollutant that has been identified as a cause of impairment to any water body to which the MS4 discharges, storm water controls are not needed based on the waste load allocation that is part of an EPA-approved or established "total maximum daily load" (TMDL) for that pollutant.
If you are eligible for a waiver, then you must complete and submit a waiver certification form .
For the exact requirements of this waiver, see the general permit, TXR040000, or the federal rules related to waivers at Title 40, Code of Federal Regulations, Section 123.35(d)(1) .
If an MS4 meets each of these conditions, then the operator may request this waiver by submitting a waiver certification form to the TCEQ.
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