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Stormwater Small (Phase II) Municipal Separate Storm Sewer System (MS4) General Permit (TXR040000) Renewed

March 2019 – On Jan. 24, 2019, TCEQ Commissioners renewed the general permit to authorize stormwater discharges from small MS4s in the state.

Please note that archived articles are provided for your reference and the links they contain may no longer be active. If you need help to find information you believe is contained in a link that is no longer active, please call (800) 447-2827 and we will assist you.

Current holders of expired permit authorizations have through July 23, 2019, to submit a Notice of Intent (NOI) with an updated Stormwater Management Program or, if you qualify, to submit a waiver. Changes to the general permit include:

  • The application fee is now $400 instead of $100;
  • Electronic submittal of application and reports are 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 modified the permit language so it is clear, specific, and measurable;
  • A requirement for the MS4 to post its annual reports and the SWMP on its website, if the MS4 has a website;
  • 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) using the TCEQ's Forms Search webpage.

The TCEQ will be hosting multiple free workshops this spring to help customers prepare their Stormwater Management Programs and annual reports. More information on the workshops will come at a later date. You can sign up to receive free updates by e-mail and textExit the TCEQ as additional workshop information becomes available.

If you do not currently have coverage, visit the Interactive Map of Urbanized Areas webpage to determine if permit coverage is required.

You can access the 2019 General Permit TXR040000 for Phase II (Small) MS4s webpage to view updated permit documents.

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