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 the TPDES Small MS4 General Permit, TXR040000, if your small MS4 meets every one of the following 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 latest EPA-approved Texas Integrated Report which is approved at the time their application was submitted to TCEQ.

If a small MS4 meets each of these conditions, then the operator may be eligible to request this Waiver Option. The small MS4 operator must complete and submit a Waiver Option 1 certification form online using the electronic NeT-MS4 system by February 11, 2025.

For the exact requirements of this Waiver Option 1, see the 2024 TXR040000 general permit, or the federal rules related to small MS4 waivers at Title 40, Code of Federal Regulations, Section 123.35(d)(1)- .