1. Stormwater Construction General Permit (CGP) TXR150000
TCEQ Environmental Trade Fair May 2017
Lindsay Garza
Stormwater and Pretreatment Team
Water Quality Division

2. Construction General Permit TPDES Permit No. TXR150000
Effective March 5, 2013
The CGP and all issued authorizations expire at midnight on March 4, 2018
Authorizations:
21,200 NOIs
4 Waivers

3. Is Permit Coverage Required?

4. CGP Authorized Discharges
Stormwater associated with construction and support activities
Certain non-stormwater discharges

5. Construction Activity Soil Disturbance
Clearing
Grading
Excavation
Demolition
Activities that disturb or expose soil

6. Can be either a primary or secondary operator
Operator Defined
Person or persons associated with a large or small construction activity
Can be either a primary or secondary operator

7. Primary Operators
Large Construction Sites
Have on-site operational control over construction plans and specifications, including the ability to make changes
Have day-to-day operational control activities at a site to ensure compliance with a stormwater pollution prevention plan (SWP3) and CGP permit

8. Are You A Primary Operator?
If you answer YES to any question you are a primary operator.
You are required submit a NOI.
Do you have operational control over construction plans and specifications?
Can you make changes to the plans and specifications?
Do you have overall or day-to-day control of activities to ensure compliance with SWP3 and CGP?

9. Secondary Operator – Large Construction Sites
Operational Control is Limited to:
The employment of other operators OR
The ability to approve or disapprove changes to the plans and specifications
No day-to-day operational control over construction activities at the site

10. Stormwater Pollution Prevention Plan (SWP3)
Site Map
Pollution prevention procedures
Estimated dates of construction activities
Description of stormwater controls
Procedures for inspections, maintenance, and corrective action

11. Primary Operator Requirements Large Site Construction Activities
SWP3:
develop, implement, and maintain a copy on-site (update as necessary)
Notice of Intent (NOI):
complete, submit, and pay application fee to TCEQ
Copy of signed NOI:
send to MS4 operator prior to starting construction activity
Primary Operator Site Notice:
post at site entrance
Final stabilization requirements: must be met prior to termination of authorization
Notice of Termination (NOT):
send to TCEQ and a copy to the MS4

12. Secondary Operators Requirements Large Site Construction Activities
SWP3:
participate in the development (according to the permit requirements) and sign
Secondary Operator Site Notice:
complete and post at site entrance
Notification to the local MS4 submit a copy of the site notice or alternative notification
NOI, NOT ARE NOT REQUIRED

13. Requirements for Small Site Construction Activities
Prepare and implement SWP3
Adhere to requirements of permit
Post Small Site Notice
Notify MS4, if applicable
Requirements for Small Site Construction Activities
NOI, NOT ARE NOT REQUIRED

14. Requirements for Construction Activities for Sites Less than 1 Acre
Implement and maintain BMPs
Notify MS4, if applicable
SWP3, NOI, NOT are not required
NOTE: Poor management of unpermitted sites may
result in a violation or citation for unauthorized discharges or nuisance conditions.

15. Larger Common Plan of Development
A construction activity completed in separate stages, phases, or in combination with other construction activities
Identified by documentation showing the scope of the construction project
Documentation may include plats, blue prints, marketing plans, contracts, building permits, zoning requests, etc.

16. TXR Also Covers:
Stormwater discharges from concrete batch plants located at construction sites must comply with Part IV of CGP
Concrete truck washout water must be discharged to areas where structural controls are established as required by Part V of the CGP

17. Types of Construction Permits
Authorization under
TXR150000
Construction General Permit
Individual
Permits
Types of Construction Permits

18. General Permit Authorization Applications
Fee: $325
Provisional coverage begins 7 days after postmarked date
By Mail-Paper NOI
Fee: $225
Immediate coverage once fee is paid and application is submitted
Online through *STEERS- e-NOI
*State of Texas Environmental Electronic Reporting System (STEERS)

19. NOI Primary Operator Certification Page
I certify that I have obtained a copy and understand the terms and conditions of the CGP (TXR150000).
YES
I certify that the full legal name of the entity applying for this permit has been provided and is legally authorized to do business in Texas.

20. NOI Primary Operator Certification Page (continued)
I understand that a Notice of Termination (NOT) must be submitted when this authorization is no longer needed.
YES
I certify that a Stormwater Pollution Prevention Plan has been developed, will be implemented prior to construction and to the best of my knowledge and belief is compliant with any applicable local sediment and erosion control plans, as required in the general permit TXR
NOI Primary Operator Certification Page (continued)

21. Operator Certification Requirements
30 Texas Administrative Code (TAC) §305.44
outlines who can legally sign the application
Certification statement found in 30 TAC §305.44
By signing the “certification statement” you are authenticating the NOI as being true and accurate

22. Common NOI Issues and Deficiencies
Payment information is left blank
Operator contact information missing
Legal name is not current
Certification statements are not checked
Missing original signatures (copies are not accepted)
Other items left blank:
SIC code, acreage, MS4 name, segment numbers, water body impairments

23. Correcting or Updating Information in the NOI
Submit a Notice of Change (NOC) form to:
To correct information on the NOI
typographical errors, incorrect site address or acreage, etc.
Make changes due to expansion of the project
additional acreage, starting a new phase

24. Effective Date of Authorization
Large Construction Authorization for Coverage:
Provisional coverage begins 7 days after a paper NOI is postmarked OR
Coverage is immediate upon submitting a NOI using the e-Permits system
Small Construction Authorization for Coverage:
Automatic on condition of complying with applicable permit requirements (NOI not required)

25. Construction Site Notice (CSN)

26. Final Stabilization Requirements
All soil disturbing activities completed
Even distribution of perennial cover to a density of 70% of native background
Excludes areas that are:
-Paved
-Covered by permanent structures or
- Covered with equivalent permanent stabilization measures

27. Large Construction Activities – Termination Requirements
Primary Operators must:
Meet final stabilization requirements and remove temporary BMPs
Remove Primary Operator site notice
Submit NOT to TCEQ
Submit copy of NOT to MS4 operator (if applicable)
Secondary Operators must:
Remove Secondary Operator site notice
Send completed copy of the site notice to the MS4 (if applicable)
NOT is not applicable

28. Small Construction Activities – Termination Requirements
Each Operator must:
Meet final stabilization requirements and remove temporary BMPs
Remove site notice
Send completed copy of the site notice to the MS4 (if applicable)
NOT is not applicable

29. Common Violations Failure to obtain authorization
Failure to develop & implement SWP3
Failure to utilize structural controls for all downslope boundaries of the site
Failure to maintain structural controls
Poor housekeeping
Improperly installed or maintained BMPs
SWP3 is outdate
Failure to post CSN
Failure to conduct required inspection

30. How to be in compliance…
Comply with CGP and SWP3 requirements
Implement and maintain appropriate stormwater controls
Conduct required monitoring
Conduct routine inspections
Revise SWP3 as needed

31. Individual Stormwater Permits
Required when customer has an Unsatisfactory Compliance History rating
Processing time takes a minimum of 330 days
Requires publication of two Public Notices with a 30-day comment period
Notice of Application
Notice of Proposed Permit

32. 2018 CGP Renewal – Completed Steps
Renewal process began in August 2016.
Internal input received from various TCEQ programs.
Stakeholder Meeting held on 10/17/2016.
Comment period ended on 11/1/2016.
Input received from stakeholders.
Deputy Director, Office of Water, briefed on 2/17/2017.
Draft permit sent to EPA for 90-day review on /20/2017.

33. 2018 CGP Proposed Changes
Addition of rules and guidelines for the EPA e-reporting rule, which requires electronic submission of Notices of Intent, Notices of Termination, and Low Rainfall Erosivity Waivers by September 1, 2020.
A waiver option will be available for certain reasons, such as; religious beliefs, no internet access, and others.
TCEQ will begin requiring electronic submittal of all NOIs, NOTs, and LREWs as of September 1, 2018.

34. 2018 CGP Proposed Changes
Incorporate the 2014 and 2015 amendments to federal the effluent limitations guidelines for construction and development discharges located in 40 CFR Part 450.
Add definitions of Infeasible and Low Rainfall Erosivity Waiver (LREW) form.
Clarified the definitions of Construction Activity and Impaired Water.

35. 2018 CGP Proposed Changes
Add requirements for minimizing the exposure of waste materials by keeping waste container lids closed when not in use.
Add footnote to the benchmark monitoring table for Concrete Batch plants to clarify that that analytical results for certain pollutants must to be obtained from a NELAP certified laboratory.
Add requirements for implementing controls to minimize the exposure of building materials containing polychlorinated biphenyls (PCBs) to precipitation and stormwater during demolition.
Add requirements for implementing controls at construction sites that will discharge to an impaired waterbody or a waterbody with an approved TMDL PCBs.

36. 2018 CGP Proposed Changes
Revise the limitations for permit coverage for construction activities related to oil and gas production.
Revise the benchmark monitoring level for Total Suspended Solids (TSS) from 100 milligrams per Liter (mg/L) to 50 mg/l.
Revise to clarify that an applicant who owns or operates a facility classified as an “unsatisfactory performer” is entitled to a hearing before the Commission prior to denial or suspension of authorization.

37. 2018 CGP Proposed Changes
Add clarifications for posting site notices for operators of small construction and secondary operators of large construction.
Add clarification that posted small construction site notices may have a redacted signature if there is an original signed and certified copy of a site located at the site.
Additional clarification in the impaired waterbodies section of permit that references the CWA 303 (d) List and the Texas Integrated Report.
Other small revisions and clarifications.

38. 2018 CGP Renewal - Proposed Timeline
Address any EPA Objections or Comments
Deputy Director briefing – July 2017
Publish in newspaper and Texas Register – August 2017
Public Meeting – Sept. 2017
30 Day Public Comment Period – Aug. – Sept. 2017
Commissioner’s Agenda for Adoption – 2/14/18
Permit Issuance – 3/13/18

39. CGP Resources TCEQ SWP3 template:
Assistance Tools for Construction Stormwater General Permits
EPA SWP3 Guidance:
EPA SWP3
EPA National Menu of (BMPs) for Stormwater
EPA NPDES BMPs

40. TCEQ Stormwater Program Contacts
For questions regarding your STEERS account and technical difficulties with e- NOI:
(512)
For questions about the application process, contact the Stormwater Processing Center
(512)
Other questions including technical, contact the Small Business and Local Government (SBLGA) Hotline

41. TCEQ Stormwater Team Members
Rebecca L. Villalba, Team Leader
Lindsay Garza, Work Leader
Hanne Lehman Nielsen
Gordon Cooper
Dan Siebeneicher
Kent Trede
Jessica Alcoser
Austin Office (512)