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Waiver Option 2 from MS4 Permitting Requirements (Small Systems Only)

Explains the waiver from the permitting requirement available to small MS4s which serve a population of less than 10,000.

If you are a regulated small municipal separate storm sewer system (MS4), you may be eligible for a waiver from the permitting requirements if you meet ALL of the following criteria:

  • The MS4 serves a population under 10,000;

  • The TCEQ has evaluated all waters of the United States and has determined that stormwater controls are not needed for any pollutant of concern based on a total maximum daily load (TMDL) or, if a TMDL has not been developed or approved, an equivalent analysis that determines sources and allocations for the pollutant of concern. (Help with PDF Files.)

  • The TCEQ has determined that future discharges from the MS4 do not have the potential to exceed Texas surface water quality standards or cause other significant water quality impacts.

For the exact requirements of this waiver, refer to Title 40 Code of Federal Regulations, Section 123.35(d)(2) .

Small MS4 operators may contact us to learn how to request a waiver under this option. This waiver requires a very comprehensive evaluation of all receiving water bodies and may be difficult to obtain.

If you do not qualify for this waiver, you may be required to obtain authorization.