1. Presented by: Jack Higginbotham
Preparing for a Stormwater Comprehensive Compliance Investigation (CCI) Part I
Presented by: Jack Higginbotham

2. Presentation Overview (Part I)
Types of stormwater CCIs
When to Expect a stormwater CCI
TCEQ Complaint Process
What to Expect During CGP, MSGP, and MS4 CCIs
TCEQ violation process: NOVs vs. NOEs & Field Citations
Questions
NEXT: PART II: Common Investigation Findings at Stormwater CCIs

3. Types of Stormwater CCIs
Construction General Permit (CGP)
TPDES TXR150000
Multi-Sector General Permit (MSGP)
TPDES TXR050000
Municipal Separate Storm Sewer System (MS4)
TPDES TXR040000
Phase II MS4 Levels 1-4 (Population less than 10,000 to a population greater than 100,000 within an urbanized area).
Phase I MS4s regulated under individual or EPA authorization.

4. When to Expect a CCI CGP and MSGP
Primarily complaint driven. CCIs contingent upon history of complaints and potential for impact.
Due to the nature of complaints, an unannounced investigation is likely
Annual goal is to investigate 10% of sites/facilities within region
MS4
Every 5 years – Notification given 1 to 2 weeks prior to CCI.
Investigations may also be complaint driven.

5. TCEQ Complaint Process
Allegations received of environmental health, or regulatory concerns
Prioritized according to potential impact on human health and the environment (30 day maximum)
May be referred to local jurisdiction if enforcement authority is in place.
Example: Complaint referrals to City of San Antonio MS4 Program.

6. What to Expect During a CGP CCI
Stormwater Pollution Prevention Plan (SWP3) Review
Site/project description
Inspection logs
Dates of major grading activities
Narrative description of BMPs
Site map
BMP location/type
Topography/flow of stormwater
Equipment staging area/fueling area

7. What to Expect During a CGP CCI

8. What to Expect During a CGP CCI
SWP3 Review (continued)
All reports and SWP3 must be signed
Standard permit condition 6
Pollution Prevention Team (PPT) member(s) identification
Inventory of materials
Copy of permit with active permit number
Copy of CGP TXR150000

9. What to Expect During a CGP CCI
Site evaluation
Are adequate BMPs installed/implemented?
Are BMPs in effective operating condition?
Do inspection reports indicate site conditions?
Have final stabilization measures been initiated? Are they adequate to file a Notice of Termination (NOT)
Is the site map/SWP3 updated?
Site notice posted?
Exit Interview
Verbal or written

11. Implementation of inadequate BMPs

12. What to Expect During a MSGP CCI
SWP3 Review
Quarterly inspection logs (separate log for each sector at a multiple sector facility)
BMP maintenance log (get credit for what you do!!)
Quarterly Visual Monitoring (QVM) – See RG-403: QVM of Stormwater Runoff
Rain gauge data
Site map
BMP location/type
Topography/flow of stormwater
Spill kit(s) location
Maintenance area
Fueling area

13. What to Expect During a MSGP CCI
SWP3 Review (continued…)
SWP3 signature/certification
Narrative description of BMPs
Discharge Monitoring Reports (DMRs)
Hazardous metals annual sampling or waiver (“TCEQ Hazardous Metals Waiver”)
PPT member identification
PPT benchmark exceedance inspection reports
Inventory of materials; narrative description of sector specific activity
Annual comprehensive site evaluation
Annual employee training

14. What to Expect During a MSGP CCI
Problems with this map: outfalls not identified; What does “potential” mean with the blue dots?...Tank type(s) is/are not identified; And what’s going on with the metal containers? If this is a NEC facility those may need to be stored in a covered area….The “impermeable” area is interesting, too; I would hope that the building’s roof’s were all impermeable; but I think they might have been trying to show here that the truck loading area and empty tanks are covered?? However, if they were trying to show all the impermeability of the site they should def. include the asphalt...

15. What to Expect During a MSGP CCI
Site evaluation
Are adequate BMPs installed/implemented?
Are BMPs in effective operating condition?
Do inspection reports indicate site conditions?
Housekeeping
Secondary containment encompassing PSTs?
Spills on-site?
Trash/debris?
Batteries exposed to stormwater?
Exit Interview
Verbal or written

16. No Exposure Certification (NEC) Facilities
NEC overview
Facilities regulated under the MSGP may be excluded from permit requirement if there is no exposure of industrial materials or activities from precipitation or runoff.
Must be submitted to TCEQ on a NEC form provided by the executive director
Facilities that obtain the NEC are subject to inspection by authorized TCEQ personnel to determine compliance with the NEC
NEC can be revoked if it not in compliance with MSGP Part II.C.1 (pages 49 & 50 of MSGP)

17. Housekeeping Issues
Exposed batteries would be either a housekeeping or a BMP issue, unless the facility has sector specific requirements for battery management. These batteries need to be removed so they aren’t exposed to precipitation. Battery exposure also makes for a difficult case for waiving lead on the hazardous metal monitoring waiver.

18. What to Expect During a MS4 CCI
Stormwater Management Plan (SWMP) Review
Minimum Control Measures (MCM) evaluation I-VII (for a General MS4 Phase II Authorization under TXR040000):
I: Public Education, Outreach, and Involvement
II: Illicit Discharge Detection and Elimination (IDDE)
III: Construction Site Stormwater Runoff Control
IV: Post-Construction Stormwater Management in New Development and Redevelopment
V: Pollution Prevention and Good Housekeeping Measures
VI: Industrial Stormwater Sources (Only applicable to Level 4 Phase II MS4s and Phase I MS4s)
VII: Authorization for Construction Activities where the MS4 is the Site Operator

19. Phase II MS4 Examples Level 1 MS4 Operators City of Buda – pop. 7,295
City of Uhland – pop. 1,014
Level 2 MS4 Operators
City of Kyle, pop. 28,016
Texas State University, pop. 41,994
Level 3 MS4 Operators
City of San Marcos – pop. 44,894
City of New Braunfels – pop. 57,740
Level 4 MS4 Operators
City of McKinney (DFW Area) – pop. 131,117
City of Carrollton (DFW Area) – pop. 119,097

20. City of San Antonio (COSA) Phase I MS4
(population: 1.4 million)
COSA and San Antonio Water System (SAWS) are co-permitees
MCMs:
I: Structural Controls and Stormwater Collection System Operation
II: Areas of Development and Significant Redevelopment
III: Roadways and Impervious Cover Management
IV: Flood Control Practices/Projects
V: Pesticide and Fertilizer Management
VI: Illicit Discharges and Improper Disposal
VII: Spill Prevention and Response Program
VIII: Industrial and High Risk Runoff Program
IX: Construction Site Runoff Program
X: Public Education, Outreach, and Involvement
XI: Monitoring Program

21. What to Expect During a MS4 CCI
On-site Evaluation is conducted after a comprehensive review of the SWMP and the annual reports (review of annual reports if often completed before the investigation is scheduled with the MS4 Operator).
The on-site evaluation includes shadowing MS4 Operator staff on the following inspections: IDDE (outfall screening), Construction, Industrial, and Post-Structural Controls.
Other on-site evaluations can include confirming that deliverables have been completed (for example, confirming that inlet drain markers have been installed per MCM I).

22. What you could expect during a MS4 CCI
Exposed batteries would be either a housekeeping or a BMP issue, unless the facility has sector specific requirements for battery management. These batteries need to be removed so they aren’t exposed to precipitation. Battery exposure also makes for a difficult case for waiving lead on the hazardous metal monitoring waiver.

23. What NOT to expect during a MS4 CCI
Exposed batteries would be either a housekeeping or a BMP issue, unless the facility has sector specific requirements for battery management. These batteries need to be removed so they aren’t exposed to precipitation. Battery exposure also makes for a difficult case for waiving lead on the hazardous metal monitoring waiver.

24. TCEQ violation process: NOVs vs. NOEs
RG- 344 – “The TCEQ Has Inspected Your Business”
Most first time violations – Notice of Violation (NOV): compliance documentation required to TCEQ Regional Office; no financial penalty
NOV due date 30 days from approval of investigation report
Notice of Enforcement (NOE) issued for NOVs not responded to
Repeat violations (within 5 years) – NOE: compliance documentation required to TCEQ Enforcement Division with financial penalty incurred
RG-253 “Penalty Policy”
Automatic Enforcement violations include: 1) Failing to obtain coverage/authorization to discharge stormwater when prior coverage/authorization has been obtained. 2) Unauthorized discharges that result in a fish kill or environmental impact. 3) Filing a NOT and not achieving final stabilization.

25. Field Citations
Streamlined enforcement process for paperwork violations
Failure to obtain a CGP
Failure to obtain a MSGP
Customer must have prior knowledge that authorization must be obtained (previous permit/authorization, violation, or denial letter)
$875 fine
Sites with an expired permit and an unauthorized discharge (or additional violations) qualify for automatic enforcement (NOE)

26. Questions? Contact the Stormwater Team @
TCEQ Region 13 – San Antonio Office
14250 Judson Road San Antonio, Texas 78233
Main line: