1. 2017 Environmental Trade Fair.
Stormwater: MS4. Permitting requirements for small municipal separate storm sewer systems.
2017 Environmental Trade Fair.

2. Laura Suffridge. Compliance Assistance Specialist.
Houston – Region 12

3. Technical Assistance. Free and Confidential. Multi-media.
Compliance Hotline.
One-on-one help from regional staff.
EnviroMentor Program (if eligible).
The TCEQ’s Small Business & Local Government Assistance section provides free compliance assistance that is confidential from enforcement.

4. TCEQ Regions.
SBLGA has at least one staff member in most of the 16 regional offices. Illustration is a map of Texas outlining the sixteen different regions of the Texas Commission on Environmental Quality (TCEQ).

5. Who does SBLGA help? Marinas. Airports. Metal Finishers/Fabricators.
PST Facilities (fuel) .
Print Shops.
Manufacturing Facilities.
Reinforced Plastics.
Surface Coaters.
Trade Associations.
Transportation/Distribution.
Wastewater Plants.
Wood Products.
Airports.
Auto Body / Repair.
Building Contractors.
Car Washes.
Compost Operations.
Concrete Batch Plants.
Drinking Water Plants.
Dry Cleaners.
Foundries.
Local Governments.
Environmental rules can be confusing, and many small organizations do not have resources to hire a dedicated environmental staff person. SBLGA customers are commercial and industrial facilities as well as and local governments. We will try to help anyone get the answers they need.

6.
Compliance resources can be searched by industry, issue, or special topics.
To access our online compliance resources for stormwater, go to Under the heading Common Resources, there is a caption Assistance Tools for Stormwater Permitting.

7. What is stormwater? What is a discharge?
Stormwater is rainfall. Run-off carries potential pollutants as a discharge.
Many people are confused by the concept of stormwater regulations. Some think it means that stormwater must be prevented from falling on their site when it’s really all about preventing pollutants from leaving the site when it rains or snows. Discharges resulting from an industrial activity or process are considered wastewater and are not authorized by stormwater permits.

8. The federal Clean Water Act was established to keep the waterways fishable and swimmable. Not only does clean water provide recreation, fish habitat, and add beauty to our landscape, clean water is also critical to our health and economy. Everyone benefits from clean water.

9. The federal Clean Water Act was established to keep the waterways fishable and swimmable. Not only does clean water provide recreation, fish habitat, and add beauty to our landscape, clean water is also critical to our health and economy. Everyone benefits from clean water.

10. In recent years, sources of water pollution like industrial wastes from factories have been greatly reduced. However, there has been an increase in the estimates of water pollution coming from sources like cars leaking oil, fertilizers from farms and gardens, and failing septic tanks. Everyone has a role in preventing pollution and cleaning up our water.

11. Rule References. Federal. Clean Water Act.
40 Code of Federal Regulations.
Chapter
State.
Texas Water Code.
Chapter
30 Texas Administrative Code.
Chapters 281, 305, 308.
The TCEQ was delegated the authority to enforce environmental regulations in Texas. Instead of the National Pollutant Discharge Elimination System or NPDES permits, we have the Texas Pollutant Discharge Elimination System or TPDES permits.
A violation or citation may be issued for unauthorized discharges under the Texas Water Code (TWC) Chapter regardless of whether the activity or facility is required to be permitted by the TCEQ. This rule is commonly referenced in illegal dumping cases.

12. EPA TCEQ National Pollutant Discharge Elimination System CGP
(Construction)
MSGP
(Industrial)
Phase I and II MS4s
(Municipalities, et al)
TCEQ
Texas Pollutant Discharge Elimination System

13. TPDES. Multi-Sector General Permit (MSGP).
TXR (August 14, ).
Construction General Permit (CGP).
TXR (March 5, ).
Municipal Separate Storm Sewer Systems (MS4s).
Phase I – large and medium cities.
Individual / customized.
Phase II – small cities.
General Permit TXR (Dec. 13, )
There are three TPDES general permits for stormwater:
The Multi-Sector General Permit (MSGP) is also known as the industrial storm water permit. It was reissued on August 14, 2011 and expires in 2016.
The Construction General Permit (CGP) was reissued on March 5 of 2013 and expires in 2018.
The Phase II Municipal Separate Storm Sewer Systems (MS4) General Permit reissued on December 13, 2013 and also expires in 2018.
The Phase I MS4 permits for large cities are more customized than a general permit.

14. What is a permit? Establishes limits and requirements for 5 years.
Authorizes discharges from specific activities
and certain non-stormwater discharges.
Most people think of a permit as being a piece of paper to be framed and posted on the wall of an establishment. The stormwater general permits are actually a book of rules that are revised every five years. The piece of paper with a facility’s unique stormwater authorization number is called an acknowledgment certificate.

15. What is an MS4?
Publicly owned or operated drainage system designed to convey stormwater.
Not a wastewater collection or sewer.
Include many non-traditional entities such as military bases, transportation systems, hospitals, universities, correctional facilities and a variety of districts.
Conveyance located fully or partially within UA.
“Once in, always in.”
In some cases, ownership of the conveyance system is not the determining factor in identifying the entity responsible for being permitted. It may depend on who operates or maintains that conveyance system whether by that maintenance activity is the resurfacing of paved roadways, removing debris with street sweepers, or clearing storm drains.
Though the word municipal is in the name, regulated MS4s are not limited to municipalities.
Once an entity is regulated as an MS4, they will always be regulated as an MS4 even if the population decreases to the point where the Urbanized Area definition is no longer applicable.

16. Potentially Regulated Districts.
Jurisdiction of the TCEQ: GCD Groundwater Conservation District. ID Irrigation District. MMD Municipal Management District. MUD Municipal Utility District. RD Regional District. SCD Stormwater Control District. SUD Special Utility District. WCID Water Control & Improvement District. WID Water Improvement District.
These types of districts may also be identified as regulated MS4s.

17. What is an Urbanized Area?.
High density of residential population:
at least 1,000 people per square mile and.
at least 50,000 total population.
U.S. Census Bureau.
Collects data every 10 years (2010).
Develops UA maps, boundaries.
MS4 required to regulate only the portion within UA.
UA Maps also located on TCEQ and EPA web sites.
MS4 permit applicability is based on a specific formula of population density in a given area. The information is generated at the federal level as determined by the U.S. Census every ten years.

18. North Portion of Austin UA Map.
Portions of the Urbanized Area that are not inside of city limits may be the responsibility of the county or other regulated entity such as a utility district.

19. Urbanized Areas are regulated MS4s.
The Urbanized Area maps can be found on the U.S. EPA’s website or our web page Assistance Tools for Municipal Separate Storm Sewer Systems. UAs are identified by a bold, green border and labeled in bold, green, block letters.

20. Urbanized Clusters are not regulated.
Urbanized Clusters are identified by a similar green border and labeled in green, italicized letters. When in doubt whether an area is a UA or a UC, recognize that UAs are always part of a metropolitan or densely populated area and not in a rural area.

21. Signs and logos like these may be in place as a result of the MS4 permit.

22. PII MS4 Applications. Deadline to submit was June 11, 2014.
Options for authorization include:
Full permit coverage.
Waiver.
Total applications received:
500+ NOIs.
70+ Waivers.
If the Waiver 1 conditions change during the five-year permit term and cause an MS4 to no longer meets the Waiver 1 conditions, that MS4 cannot wait until the next permit term to apply for permit coverage.

23. Waiver Option.
Waiver 1:
Serve population less than 1,000 within the UA.
No significant contribution to the:
pollutant loadings of and interconnected MS4.
pollutants identified as a cause of impairment to the receiving water body.
Change in those conditions requires NOI/SWMP.
Submit Waiver 1 form
Waiver 2:
Data and labor intensive.
More costly than permit.
Waiver 1 is an option for many entities identified as MS4s, but most are required to obtain permit coverage.
Though the federal rules require that Waiver 2 be made available, this option is not utilized because of the extensive cost and labor involved in meeting the specific requirements. Obtaining permit coverage and complying with the permit conditions is easier and less expensive than Waiver 2. By meeting the permit conditions, a regulated MS4 can also influence the attitudes and behaviors of those living and working within their boundaries and possibly attract more commerce and tourism resulting in an improved local economy.

24. Authorization Process.
Submit NOI, proposed Stormwater Management Program, and application fee.
Administrative review by the TCEQ.
Additional information from applicant.
Technical Review of SWMP.
Public Notice published in newspaper.
Public Meeting.
Approved by the TCEQ.

25. Administrative Requirements.
Application for permit coverage.
Stormwater Management Program.
Maintain records evaluating efforts.
Implement SWMP by end of permit term.
Annual Report.
Submit within 90 days of end of each permit year.

26. Annual Reporting Period.
Select a 12-month permit year.
Permit issuance date:
December 13–December 12, report due ~March 8.
Calendar year:
January 1–December 31, report due ~March 31.
Fiscal year:
August 1–July 31, report due ~October 31.
Remain consistent with reporting period.
Submit within 90 days from end of permit year..
Existing MS4s: 1st report includes all months since end of last reporting period.
New MS4s: 1st report includes all months since permit effective date.
Submit the original Annual Report to the Stormwater Permit Team in Austin at MC-148; send a copy to the appropriate TCEQ regional office. Goals should be reasonable and achievable with the resources available. Records should include details about resources - such as money and labor - that are dedicated toward these goals.

27. Technical Requirements.
Develop and implement comprehensive SWMP to:
Reduce pollution to maximum extent practicable.
Meet water quality requirements of CWA and TWC.
Required only inside of UA boundaries.
Best Management Practices, ordinances, and other mechanisms.
Include six minimum control measures.

28. Tiered Approach. Requirements based on UA population served:
Level 1: < 10,000.
Level 2: ,000 – 40,000 & non-traditional.
Level 3: ,000 – 100,000.
Level 4: > 100,000.
Level does not change during permit term.
The permit requirements vary for each MS4 depending on the population served as referenced in Part II, Section B. 5. (page 12). The larger entities have more requirements than the smaller or non-traditional entities.
All non-traditional entities are considered Level 2 operators under the Phase II MS4 General Permit. Non-traditional small MS4s include the counties, transportation authorities, military installations, prisons, universities, and districts identified as being wholly or partially located within a UA.
The level of a small MS4 will not change during the permit term based on population fluctuation.

29. Impaired Water Body.
Determine if receiving water body is on the current, approved Index of All Impaired Waters.
Identify pollutant of concern.
Determine if MS4 is contributing the POC.
SWMP must include:
Focused BMPs for reducing the POC.
Measurable goals for each BMP.
Identify and focus on sources of bacteria.
Assess progress.
Include in Annual Report.
An MS4 contributing to impaired waters without an approved Total Maximum Daily Load must determine if the MS4 is source of a contributing Pollutant of Concern, include focused Best Management Practices to reduce the POC to the maximum extent practicable, and assess progress toward improvements in each Annual Report.

30. Impaired Water Body with TMDL.
Determine if receiving water body has an established Total Maximum Daily Load.
Identify pollutant of concern.
Determine if MS4 is contributing the POC.
Refer to the watershed’s Implementation Plan.
SWMP must include:
Targeted controls for reducing POC.
Measurable goals for each control.
Create benchmarks.
Identify and focus on sources of bacteria.
Assessment of progress.
Include in Annual Report.
An MS4 contributing to the cause of an impairment must describe targeted controls in their SWMP, include a measurable goal for each BMP implemented, identify a benchmark, and report progress toward improvements in each Annual Report. If the pollutant of concern is bacteria, refer to the watershed’s Implementation Plan or use focused BMPs.

31. SWMP. Includes a map and six Minimum Control Measures:
Public Education, Outreach and Involvement.
Illicit Discharge Detection and Elimination.
Construction Site Runoff Control.
Post-Construction Mgmt. in New & Redevelopment.
Pollution Prevention and Good Housekeeping for Municipal Operations.
Industrial Sources.
Optional – Construction by MS4.
The seventh optional control measure allows for the construction projects of the MS4 to be covered. Subcontractors and others working on the site would still be subject to permitting applicability.

32. For each MCM. Establish measurable goals.
Evaluate / assess efforts to meet goals.
Meet MEP standard for each goal.
Maintain records evaluating efforts.
Report progress annually.
Full implementation by end of permit term.
Goals should be reasonable and achievable with the resources available. Records should include details about resources - such as money and labor - that are dedicated toward these goals.

33. Allowable Non-SW Discharges.
Address in relevant MCMs of the SWMP.
Discharges listed in 40 CFR (d)(2)(iv)(B)(1).
Specific potable or uncontaminated sources:
water line flushing (except hyperchlorinated).
swimming pool discharges (if dechlorinated).
runoff from landscape irrigation.
incidental spray park water.
street wash water.
residential vehicle washing.
A/C condensate.
The permit allows for certain non-stormwater discharges in Part II, Section C. (page 14).

34. MCM 1. Public Education, Outreach and Involvement.
Inform citizens how they impact water quality and how water quality affects them.
Distribute brochures, educational materials, public service announcements.
Conduct outreach activities.
Host or speak at events – civic groups, schools, scouts, volunteer organizations.
Provide opportunities for participation - events, community activities, committees.
Community hotline / web site – provide input, report illegal dumping, request information.
Target different groups – residents, commercial and industrial entities, and visitors.
Public education is key to the success of a stormwater management program. People will gain an understanding of how their actions can affect stormwater quality. Promote a sense of responsibility. Encourage a sense of inclusion.

35. In recent years, sources of water pollution like industrial wastes from factories have been greatly reduced. However, there has been an increase in the estimates of water pollution coming from sources like cars leaking oil, fertilizers from farms and gardens, and failing septic tanks. Everyone has a role in preventing pollution and cleaning up our water.

36. MCM 2. Illicit Discharge Detection and Elimination.
Develop a plan to identify and reduce polluted discharges to the storm sewer system.
Promote internal awareness and buy-in.
Implement ordinances.
Provide training for MS4 employees.
Map and inventory outfalls.
Tie in to public education for reporting illicit discharges.
Locate areas suspected of having illicit discharges.
Track down the sources during wet and dry weather.
Remove or reduce sources through cooperation or enforcement.
Implement procedures for evaluating program performance.
The illicit discharge detection and elimination minimum control measure is intended to reduce improper waste and management practices.

37. MCM 3. Construction Site Stormwater Runoff Control.
Develop and enforce a program to address erosion and sediment from large and small construction activities.
Implement ordinances and other sanctions.
Provide training for MS4 employees and inspectors.
Verify compliance with the TPDES CGP, local codes, and other rules.
Review plans for accuracy and compliance.
Inspect sites.
Ensure that the MS4’s own construction activities are compliant.
The MS4s program may be more restrictive than the Construction General Permit. Non-traditional MS4s may lack the legal authority for enforcement. In those cases, the MS4 should work cooperatively with the appropriate TCEQ regional office.

38. MCM 4. Post-Construction SW Mgmt. in New Development and Redevelopment.
Develop long-term water management and drainage control plans with focus on BMPs to maintain or improve water quality conditions after development and construction are completed.
Address on-going discharges in a way that protects sensitive areas or promotes infiltration rather than runoff.
Implement ordinances and other sanctions.
Provide training for MS4 employees and inspectors.
Ensure the long-term operation and maintenance of controls.
MS4s are required to develop and implement structural and non-structural BMPs. Many studies have shown that it is much easier and more cost-effective to control pollution at its source rather than after it enters into an MS4. For this reason it is important to consider BMPs that may be needed for post-construction pollution control prior to the construction of an area. Minimize impervious areas, protect wetlands, and utilize vegetated drainage areas in the design of a new development or redevelopment project.

39. MCM 5. Pollution Prevention and Good Housekeeping for Municipal Operations.
Implement plan to prevent and reduce polluted runoff from MS4 operations.
Map and inventory the MS4’s facilities and controls.
Provide training for MS4 employees.
Properly dispose of floatables, street sweepings, waste removed from the storm sewer, and other debris.
Comply with local ordinances.
Ensure that MS4 activities and facilities are compliant with the TPDES Construction General Permit and Multi-Sector Industrial General Permit.
Performing municipal activities in a careful and proper manner prevents or reduces pollutant runoff. Municipal operations include parks, golf courses and open space maintenance; fleet maintenance; new construction or land disturbance; building oversight; planning; and stormwater system maintenance.

40. MCM 6. Industrial Stormwater Sources.
Applies only to Level 4 MS4s.
Identify and control pollutants from:
landfills and other waste treatment, storage, or disposal facilities subject to Emergency Planning and Community-Right-to-Know Act.
Industrial and commercial entities.
Ensure that other entities are compliant with the TPDES MSGP.
Establish procedures and priorities for inspections and implementing controls.

41. Optional - MCM 7. Authorization for Construction Activities where the Small MS4 is the Site Operator.
Applies only to MS4’s construction activities.
Limited to activities with the UA or MS4 boundaries.
Required at the time NOI and SWMP are submitted.
Allowed after-the-fact by submitting a Notice of Change and additional information in advance of the project.
The seventh optional control measure allows for the construction projects of the MS4 to be covered. Subcontractors and others meeting the definition of Primary Operator are still subject to permitting applicability.

43. Assessment. Monitor WQ to assess pollutant reductions.
Evaluate social indicators / behavior change.
Document progress toward goals.
Provide feedback to program management.
Ensure efficient use of resources.
Meet regulatory requirements.
The MS4 must collect, review and assess data about the pollutants being discharged. Are you following your SWMP and meeting your goals? Is what you’re doing actually working? Why or why not? Implement new strategies when / where needed.

44. Monitor Water Quality. Most direct approach. Verifiable results.
May focus on:
Biological – E. coli, fish, algae.
Physical – flow, turbidity, erosion.
Chemical – levels of metals, chemicals, hydrocarbons, bacteria, phosphorus and
other nutrients.

45. Annual Report Contents.
Status of compliance with permit conditions.
Progress towards reducing pollutants.
Summary of information and monitoring data.
Evaluation of the BMPs.
Assessment of efforts toward goals.
Statement of activities planned.
Submit the original Annual Report to the Stormwater Permit Team in Austin at MC-148, and send a copy to the appropriate TCEQ regional office. Goals should be reasonable and achievable with the resources available. Records should include details about resources - such as money and labor - that are dedicated toward these goals.

46. Notice of Change. Submit NOC form 20392 and revised SWMP.
Substantive change to goals or controls.
Replacing structural BMP with a non-structural BMP (ex. - street sweeping instead of inlet protection).
Does not require NOC/revised SWMP if:
MS4 expands or grows, include in SWMP and report.
Replacing substantially similar BMPs.
Reorganization or personnel changes.
Corrections or clarifications.
Depending on the nature of the change you want to make, a Notice of Change form and a revised SWMP may be required.

47. Sharing a SWMP.
Form a coalition with other MS4s sharing a boundary or watershed.
Divide program elements.
Identify responsibilities for each entity.
Each MS4 responsible for:
Applying for permit coverage.
Compliance with SWMP.
The potential for a successful coalition works best if there is a shared boundary or watershed.

48. TCEQ Investigations. Becoming more comprehensive over time.
Recordkeeping and Reporting.
Notice of Intent/SWMP.
Annual Reports.
Supporting data.
Noncompliance Notification – 30 TAC (9).
Submitted on time.
Met signatory requirements.
Included required elements.
Used SWMP as reference.
NOC/revised SWMP if needed.
Investigations may be a review of the basic elements of compliance with the permit and your SWMP or a more focused evaluation of specific MCMs. More comprehensive investigations will be initiated over time.

49. How to be in compliance…
Know the applicable sections of the permit.
Communicate throughout organization.
Use available resources and partners.
Implement and maintain appropriate controls.
Request to change SWMP when necessary.
Contact the TCEQ for guidance if needed.

50. Read the permit… and the SWMP!
Read the SWMP and submit Annual Reports in November describing all of the goals you have accomplished. An MS4 operator’s Stormwater Management Program was developed with your input. Compliance is partially based on how well you follow your own plan.

51. TCEQ Resources. Assistance Tools for Stormwater Permitting.
Check the status of permits online.
Industrial.
Construction.
Small MS4s.
Model Ordinance Guide.
Annual Report - form
Surface Water Maps.
Water Quality Data.
319 Non-point Source Grant.
Focused on Watershed Protection Plans rather than individual MS4s.

52. Texas Water Development Board.
Clean Water State Revolving Fund.
Public entities - cities, counties, districts.
Eligible projects include:
Stormwater pollution control.
Wastewater recycling, reuse, treatment.
Non-point source pollution control.
Low interest rate loans and loan forgiveness.
Projects added throughout the year.
Contact:

53. U.S. Environmental Protection Agency.
2010 Urbanized Area Maps.
Training and Webcasts.
Fact Sheets and Guidance:
MS4 Measurable Goals Guide.
MS4 Program Evaluation Guide.
Model SWMP.
Green Infrastructure / Green Streets.
Smart Growth.
BMPs for Industry.
Low Impact Development.

54. Additional Resources. Other MS4s. Texas Watershed Steward Program.
Texas Water Resources Institute.
Texas Coastal Watershed Program.
Water Environment Federation.
Water Environment Association of Texas.
Forester Media.
International Erosion Control Association.
Councils of Government.
Texas Municipal League.

55. Stormwater Permitting Program.
Permit and Technical Questions.
Stormwater & Pretreatment Team, MC-148 .
Texas Commission on Environmental Quality.
P. O. Box
Austin TX 

56. Small Business & Local Government Assistance.
TCEQ Regional Offices.