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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 Discharges 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 TXR050000 may be excluded from permit requirements if industrial activities and materials are isolated from rain, snow, snowmelt, and runoff by storm-resistant shelters.

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 stormwater discharge (e.g., rock salt, wood chips, etc.")

How To Obtain Coverage

Applicants must submit the NOI, NEC, NOT, and NOC forms using the online e-permitting system system available through the TCEQ website or request and obtain an electronic reporting waiver. Electronic reporting waivers are not transferrable and expire on the same date as the authorization to discharge.

Once your NEC is submitted electronically you will receive the following documents:

  • An Acknowledgement Letter
  • Certificate of Authorization

Facilities that qualify for this exclusion and that contribute stormwater discharges to a Municipal Separate Storm Sewer System (MS4) must also:

  • Provide copies of the certification to the operator of that system
  • Allow inspection of their facility by the operator of that system

Paper Forms

If you do not have access to a computer, you must call the TCEQ Stormwater Processing Center at 512-239-3700, to obtain the electronic reporting waiver and application forms.
If you believe your facility qualifies for this exemption:

  • Submit a completed No Exposure Certification (NEC) form and fee as noted on the NEC form supplied by the TCEQ Stormwater Processing Center.

Contact the Stormwater Team if you have questions.