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Stormwater Small (Phase II) Municipal Separate Storm Sewer System (MS4) General Permit (TXR040000) Renewal Period Ending

July 2019 – TCEQ Commissioners renewed the general permit to authorize stormwater discharges from small MS4s in the state on January 24, 2019. Permittees with current (active) authorizations have until July 23, 2019, to renew their existing authorization. Permittees will need to submit a renewal Notice of Intent (NOI) and an updated Stormwater Management Program or, if applicable, a waiver. The NOI application fee is $400.00.

Changes to the general permit include:

  • Electronic submittal of application and reports will be required by December 21, 2020;
  • Minimum Control Measure 7, authorization of construction activities where the small MS4 is the site operator, has a lower benchmark value for total suspended solids (TSS) from 100 mg/L to 50 mg/L;
  • The definition of construction activity is revised to include stockpiling of fill material and demolition;
  • Implementation of the MS4 Remand Rule, which modifies the permit language so it becomes clear, specific, and measurable;
  • A requirement for the MS4 to post its annual reports and the SWMP on its website, if the MS4 has one;
  • Addition of a public notice process for certain Notice of Changes; and
  • Level 4 MS4s (MS4s serving a population of more than 100,000) must control the discharge of floatables in the MS4s and evaluate new and existing flood management projects to determine their impact on water quality.

You can find the NOI (TCEQ Form No. 20368) and Waiver (TCEQ Form No. 20369) forms using the TCEQ’s Forms Search webpage.

You can access the 2019 Small MS4 General Permit documents at: https://www.tceq.texas.gov/permitting/stormwater/ms4/WQ_ms4_small_TXRO4.html.

If you have further questions, please call the Small Business and Local Government Assistance hotline at 1-800-447-2827.