1. TPDES Construction General Permit Compliance
Presented by:
Patrick Hodgkiss and Darrel Solanik, CPESC, CESSWI
Compliance Resources, Inc.
March 2018

2. AGENDA Regulation Background / History
Overview to the TPDES Construction General Permit
Changes and clarifications to the 2018 Construction General Permit

3. Background / History
All Storm Water Regulations stem from the CLEAN WATER ACT (1972)
EPA (NPDES) delegated to Texas in 1998
Texas Pollutant Discharge Elimination System (TPDES - TCEQ) on March 5, 2003
Construction General Permit (CGP) – Renewed March 5, 2008
Construction General Permit (CGP) – Renewed March 5, 2013
Construction General Permit (CGP) – Renewed March 5, 2018

4. Construction General Permit (CGP) TXR150000
Authorizes discharges of Stormwater from:
Large and small construction activities
Construction support activities directly associated with construction activities
Certain allowable non-Stormwater discharges into surface waters in the state

5. Obtaining Authorization under the CGP
SWP3 and NOI’s are necessary for:
Operators with “OPERATIONAL CONTROL”
Operators with “DAY-TO-DAY CONTROL”
NOTE – SWP3’s may be combined to cover numerous Operators, but NOI’s are opened individually for each Operator
Operators may include:
Landowners / Developers
General Contractors
Homebuilders / Custom Homebuilders
NOTE: Some circumstances may require Subcontractor coverage

6. Operator Definition TPDES definition of “OPERATOR”
Primary Operator – The person or persons associated with a large or small construction activity that meets either of the following two criteria:
having on-site operational control over construction plans and specifications, including the ability to make modifications; or
having day-to-day operational control over those activities necessary to ensure compliance with the SWP3
Secondary Operator – The person or entity, often the property owner, whose operation control is limited to:
the employment of other operators, such as the general contractor, to perform or supervise construction activities; or
the ability to approve or disapprove changes to plans and specs, but who does not have day-to-day onsite operational control over construction activities onsite

7. Responsibilities of All Operators
Develop a SWP3
Based on the size of the project, open a Notice of Intent (NOI), Secondary Operator Construction Site Notice (CSN), or Small Construction Site Notice (CSN)
Identify areas of SWP3 control
Identify responsibility of operators
NOTE: If the primary operator terminates the site, the secondary operator must obtain authorization as a primary operator.

8. Construction Activity
What is considered “CONSTRUCTION ACTIVITY”?
Clearing
Grading
Excavating
Construction Support Activities.
Similar Activities that Disturb / Expose Soil (Demolition, Cut / Fill areas, Spoils Areas……..)
What is NOT considered “CONSTRUCTION ACTIVITY”?
Routine Maintenance of Conveyances
Routine Grading of Existing Roads
Land Disturbances for Agricultural Activities

9. Construction Support Activity
What is considered “CONSTRUCTION SUPPORT ACTIVITY”?
Concrete or asphalt batch plants
Rock crushers
Equipment staging or storage areas
Chemical storage areas
Material storage areas
Material borrow areas
Excavated material disposal areas
Note: The construction support activity must only directly support the construction activity authorized under this general permit.

10. Deadline for Obtaining Authorization
If operators that submitted NOIs have active authorizations for construction activities that are ongoing when the term of the current general permit expires and a new general permit is issued, a 90-day interim (grace) period is granted to provide coverage that is administratively continued until operators with active authorizations can obtain coverage under the newly issued CGP. The 90-day grace period starts on the effective date of the newly issued CGP (3/5/18).

11. Changes and Clarifications to the TCEQ 2018 Construction General Permit (CGP) (effective March 5, 2018)

12. Changes to the 2018 Permit Definition of “infeasible”
Added requirement to minimize pollutants in discharges
Added requirement to preserve topsoil, unless infeasible or intentional (undesignated vehicle parking lot or equipment storage area)
Provide a copy of the NOI / Secondary Operator CSN / Small CSN to the MS4 two days prior to commencing construction activities
For Edwards Aquifer sites, you must submit a copy of the NOI to the TCEQ Edwards Aquifer Regional Office

13. Clarification to Existing Requirements
STEERS is required to be used for all:
Notice of Intent (NOI) - $225 fee
Notice of Termination (NOT) - $0 fee
Notice of Change (NOC) - $0 fee
NOTE: STEERS accounts are opened for individuals, not companies. You must have one “signature” STEERS account per company.

14. Clarification to Existing Requirements
Revised the definition of Construction Activity to include demolition, material stock piles, and construction support activities
Revised requirements for shared SWP3 development:
The SWP3 must clearly indicate which operator is responsible for satisfying each shared requirement of the SWP3. If the responsibility for satisfying a requirement is not described in the plan, then each permittee is entirely responsible for meeting the requirement within the boundaries of the construction site where they perform construction activities.

15. Clarification to Existing Requirements
NOT requirements:
(a) final stabilization has been achieved on all portions of the site that are the responsibility of the operator;
(b) a transfer of operational control has occurred (See Section II.F.4 next slide); or
(c) the operator has obtained alternative authorization under an individual TPDES permit or alternative TPDES general permit.

16. Clarification to Existing Requirements
Section II.F.4 - Transfer of Day-to-Day Operational Control
For NOI permittees, the original operator must do the following:
submit an NOT within ten (10) days prior to the date that responsibility for operations terminates, and the new operator must submit an NOI at least ten (10) days prior to the transfer of operational control, in accordance with condition (c) below; and
submit a copy of the NOT from the primary operator terminating its coverage under the permit and its operational control of the construction site and submit a copy of the NOI from the new primary operator to the operator of any MS4 receiving the discharge.

17. Clarification to Existing Requirements
Section II.F.4 - Transfer of Day-to-Day Operational Control (continued)
A transfer of operational control can also occur when of the following criteria is met, as applicable:
Another operator has assumed control over all areas of the site that do not meet the definition for final stabilization;
All silt fences and other temporary erosion controls have either been removed, scheduled for removal as defined in the SWP3, or transferred to a new operator, provided that the original permitted operator has attempted to notify the new operator in writing of the requirement to obtain permit coverage. Records of this notification (or attempt at notification) shall be retained by the operator transferring operational control to another operator in accordance with Part VI of this permit. Erosion controls that are designed to remain in place for an indefinite period, such as mulches and fiber mats, are not required to be removed or scheduled for removal.

18. Clarification to Existing Requirements
Revised language of erosion and sediment controls to include a requirement for lids on waste containers.
Minimize the exposure of waste materials by closing waste container lids at the end of the work day. For waste containers that do not have lids, where the container itself is not sufficiently secure enough to prevent the discharge of pollutants absent a cover and could leak, the permittee must provide either a cover (e.g., a tarp, plastic sheeting, temporary roof) to minimize exposure of wastes to precipitation, or a similarly effective means designed to minimize the discharge of pollutants (e.g., secondary containment);

19. Concrete Wash Out
General permit authorizes the land disposal of wash out from concrete trucks at construction sites regulated under this general permit, provided the following requirements are met. Any discharge of concrete production waste water to surface water in the state must be authorized under a separate TCEQ general permit or individual permit.
A. Discharge of concrete truck wash out water to surface water in the state, including discharge to storm sewers, is prohibited by this general permit…..removed “direct discharge”
NOTE: As of 3/5/18 the STEERS NOI / renewals specifically ask “Will concrete truck wash out be performed at the site?” yes / no

20. Summary
2018 Permit is effective March 5, 2018 with a 90 day grace period.
STEERS NOI / NOC / NOT
MS4 two day notifications
Edwards Aquifer Regional Office notifications
Transfer of operational control notification requirements to MS4.
Waste Container lids
Concrete Wash Out requirements