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Waiver Option 1 from MS4 Permitting Requirements (Small Systems Only)

Explains the waiver from the permitting requirement available to small MS4s that serve a population of less than 1,000.

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. Permittees should reference the Texas Integrated Report which was approved at the time their application was submitted to TCEQ.

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.

Contact us for more information.