22-Report File.pdf

Stormwater Pollution Prevention Plan

Project Name

UPIN:

TCEQ Authorization Number:

Primary Operator(s):

Harris County Engineering Department

Construction Start Date:

Estimated Construction End Date:

02/12/2026

Traffic Signal and intersection Improvement Package- Fry- Road- 2023

23104MF2XH01

1/31/27

6/1/26

SWPPP

FORMS AND DOCUMENTS

Section 1. SWPPP Plan Sheet & Site Maps

Section 2. Operator Coordination

Section 3. Major Activities Log

Section 4. SWPPP Inspection Reports

Section 5. Inspector Qualifications

Section 6. Maintenance Log

Section 7. SWPPP Amendment Log

Section 8. TPDES Forms (CSN & NOI)

Section 9. MS4 Notifications

Section 10. USACE Documents

Section 11. TPDES General Permit No. TXR 150000

Version 3.0 March 22, 2022

Section 1.

SWPPP Plan Sheet & Site Maps

Include plan sheet (SWPPP Form 1) and plan drawings in binder. Once selected, the contractor is responsible for reviewing and updating forms and maps. Items such as waste disposal bins, material stockpiles, chemical storage, and chemical toilets must be added.

Plans in this section should not be sealed.

Section 2.

Operator Coordination Form(s)

Each primary and secondary operator on site must have a Operator Coordination Form (SWPPP Form 2) stating which aspects of the SWPPP are their responsibility.

Additional Operator Coordination forms can be found on the HCED website at http://www.eng.hctx.net/Consultants/Environmental-Services/Storm-Water-Pollution-

Prevention

Version 3.0 March 22, 2022 http://www.eng.hctx.net/Consultants/Environmental-Services/Storm-Water-Pollution-Prevention

OPERATOR COORDINATION FORM

Contractor

Project Name:

Location:

I certify under penalty of law that I understand the terms and conditions of the Texas Pollutant Discharge Elimination System (TPDES) General Permit TXR150000 that authorizes the stormwater discharges associated with activity from the construction site identified as part of this certification.

Responsible For:

Company Name Title Signature

Date

- Day to day operation control of construction site

- Submit an NOI to TCEQ for both HCED and the contractor before work commences

- Submit CSN and/or NOI to MS4 Operators

- Post required site notices

- Complete the SWPPP plan by adding the location of on-site work features (e.g.

stockpiles, waste containers, chemical storage, etc) to plans

- Install, maintain, and modify BMPs

- Ensuring that inspections for SWPPP compliance are conducted weekly

- Ensuring that maintenance tasks and repairs are conducted promptly when needed

- Amend the SWPPP as needed to address field conditions

- Submit NOT following project conclusion

- Scanning the full SWPPP binder and uploading it to eBuilder following project conclusion

HARRIS COUNTY

Traffic Signal and intersection Improvement Package- Fry- Road- 2023

OPERATOR COORDINATION FORM

HCED

Project Name:

Location:

I certify under penalty of law that I understand the terms and conditions of the Texas Pollutant Discharge Elimination System (TPDES) General Permit TXR150000 that authorizes the stormwater discharges associated with activity from the construction site identified as part of this certification.

Responsible For:

Company Name Title Signature

Date

- Develop plans and specifications, including preliminary SWPPP plan

- Maintain SWPPP records for three years post construction

Section 3.

Major Activities Log

Records of certain activities must be tracked on Form 3

Harris County Engineering Department Environmental Services Section

Form 3. SWPPP Major Activities Log

Project Information Project Name: UPIN# Date:

Activity

Grading Dewatering

Temporary end of work on a portion of site Resume work after temporary stop in portion of site

Permanent end of work on a portion of site Stabilization measure initiation

Activity Description & Comments

Signature: Name: Date:

Traffic Signal and intersection Improvement Package- Fry- Road- 2023 23104MF2XH01

Section 4.

Stormwater Construction Site Inspection Reports

Copies of Inspection Reports (SWPPP Form 4) should be kept in Section 4. Inspections must be conducted no more than seven days apart. If there is a longer period between inspections, a reason must be documented.

A copy of Form 4B. Dewatering Inspection must be filled out everyday that dewatering activities are conducted.

Additional copies of the Inspection Report Form can be found on the HCED website at http://www.eng.hctx.net/Consultants/Environmental-Services/Storm-Water-Pollution-

Prevention

Form 4. SWPPP Field Inspection

Project Information Project Name: UPIN# TCEQ Authorization # Inspection Date:

No more than 7 days has passed Yes No; explain:

since the previous inspection:

Observations Yes No N/A Describe:

Recommended action from previous inspection complete CSN appropriately posted

Site layout matches SWPPP plan

Litter/excessive dust

Chemicals properly stored

Concrete washout functioning properly

Sediment being tracked outside construction area

All controls properly installed

All controls properly maintained

Erosion/sedimentation in disturbed areas/stockpiles

Erosion/sedimentation in previously stabilized areas

Liquid discharge observed

Required Actions

Certification Name Title Signature Date

Inspector

Construction Manager

HCED Representative

Traffic Signal and intersection Improvement Package- Fry- Road- 2023

23104MF2XH01

Form 4B. Dewatering Inspection

Project Information Project Name: UPIN# TCEQ Authorization #

Inspection Date: Start time: End Time: Flow Rate (GPD):

Observations at Point of Discharge Yes No Describe:

Foam

Sheen

Odor

Floating solids

Suspended Sediment

Other:

Other:

Required Actions

Certification Name Title Signature Date

Inspector

Construction Manager

HCED Representative

23104MF2XH01Traffic Signal and intersection Improvement Package- Fry- Road- 2023

Section 5.

SWPPP Inspector Qualifications

Document experience & qualifications information for each SWPPP inspector involved with the project on separate copy of SWPPP Form 5.

Additional Inspector Qualification Forms can be found on the HCED website at http://www.eng.hctx.net/Consultants/Environmental-Services/Storm-Water-Pollution- Prevention

Form 5. SWPPP Inspector Qualifications Project Name:

UPIN:

Below summarize work history related to SWPPPs and any trainings or certifications received

Company Name Title Signature

Date

23104MF2XH01

Section 6.

Maintenance & Repair Log

The Maintenance & Repair Log (Form 6) must be used to log any repair or replacement of structural controls, as well as regular SWPPP related activities such as waste removal and removal of sediment from a roadway.

Additional Maintenance Log forms can be found on the HCED website at http://www.eng.hctx.net/Consultants/Environmental-Services/Storm-Water-

Pollution-Prevention

Version 3.0 March 22, 2022

Form 6. Maintenance & Repair Log

Project Name: UPIN:

Date of Action Date of Last Inspection Prepared By

Check One: Regular Maintenance Corrective Action

Reason for any delay in maintenance action:

Description of Action

Date of Action Date of Last Inspection Prepared By

Check One: Regular Maintenance Corrective action

Reason for any delay in maintenance action:

Description of Action

Section 7.

SWPPP Amendment Log

When the existing SWPPP plan is not effectively reducing erosion and sediment transport, an amendment must be made within seven days to address the issue.

Controls that are no longer needed may also be removed through this process.

Amendments made must be logged on Form 7 and added to the plan drawings.

Additional Amendment Log forms can be found on the HCED website at http://www.eng.hctx.net/Consultants/Environmental-Services/Storm-Water-Pollution-

Prevention

Version 3.0 March 22, 2022

Form 7. SWPPP Amendment Log

Project Name: UPIN:

Amendment

Date of Implementation

Date of Last Inspection Prepared By

Description and Sketch of Amendment

Section 8.

TPDES Forms

Include a copy of the applicable CSN form. NOIs should be initiated during design phase and a printout included in Section 8. When needed NOCs and NOTs will be added. The primary contractor must submit TCEQ notifications on behalf of both themselves and Harris County. TCEQ notification forms for both parties should be included in this section.

Record access information generated for Harris County Notifications by STEERS below.

The RA contact on NOIs should be Dr. Milton Rahman PE.

When creating TCEQ notifications, add the following accounts for access in STEERS:

All projects- Dwayne Rogers #ER060287 All Projects- Rebecca Brown #ER090800

Precincts 1 & 4 CIP- Kathy Williams #ER060319 RRD Projects- Brady Johnson #ER058098

Notices of Intent (NOI), Notices of Change (NOC), and Notices of Termination (NOT) are submitted at https://www3.tceq.texas.gov/steers/

Additional Construction Site Notice (CSN) forms can be found on the HCED website at http://www.eng.hctx.net/Consultants/Environmental-Services/Storm-Water-Pollution-

Prevention

NOI

Application Reference Number:

Application Password:

NOC

Application Reference Number:

Application Password:

NOT

Application Reference Number:

Application Password:

Section 9.

MS4 Notifications

MS4 operators of systems that will receive stormwater from the site must be notified and sent a copy of the NOI and CSN at least two days before construction begins. NOCs and NOTs must also be sent when appropriate. Use Form 9 to record when these notifications are sent, and to whom.

If the MS4 operator is Harris County, the documents can be submitted to Harris County Watershed Protection Group at swq@harriscountytx.gov.

Form 9. MS4 Notification Log

Project Information Project Name: UPIN#

CSN

MS4 name Contact Name Address Date Sent

NOI

MS4 name Contact Name Address Date Sent

NOC

MS4 name Contact Name Address Date Sent

NOT

MS4 name Contact Name Address Date Sent

Section 10.

USACE Documents

Insert Jurisdictional Determination documents (AJD, PJD) and any permits documents (RGP, PCN, IP) received from the United States Army Corps of Engineers

Version 3.0 March 22, 2022

Section 11.

TPDES General Permit No. TXR 150000

A full copy of the current TPDES General Permit No. TXR 150000 must be included in the SWPPP documents at the project site. To save space, please use the copy found on the HCED website. https://www.eng.hctx.net/Consultants/Environmental-Services/ Storm-Water-Pollution-Prevention https://www.eng.hctx.net/Consultants/Environmental-Services/Storm-Water-Pollution-Prevention

SMALL CONSTRUCTION SITE NOTICE

FOR THE

Texas Commission on Environmental Quality (TCEQ) Stormwater Program

TPDES GENERAL PERMIT TXR150000

The following information is posted in compliance with Part II.E.2. of the TCEQ General Permit Number TXR150000 for discharges of stormwater runoff from small construction sites. Additional information regarding the TCEQ stormwater permit program may be found on the internet at:

https://www.tceq.texas.gov/permitting/stormwater/construction

Operator Name:

Contact Name and Phone Number:

Project Description: Physical address or description of the site’s location, estimated start date and projected end date, or date that disturbed soils will be stabilized

Location of Stormwater Pollution Prevention Plan:

For Small Construction Activities Authorized Under Part II.E.2. (Obtaining Authorization to Discharge) the following certification must be completed:

I (Typed or Printed Name Person Completing This Certification) certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part II.E.2. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A stormwater pollution prevention plan has been developed and will be implemented prior to construction, according to permit requirements. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations.

Signature and Title Date

Date Notice Removed

MS4 operator notified per Part II.F.3.

Harris County

Julia Bond, Assistant Manager-Construction Programs (713)274-1564

Traffic signal improvements along Fry Rd including widening left turn lanes and addition of sidewalk and traffic signal upgrades

Sheet 114-155 of the plans https://www.tceq.texas.gov/permitting/stormwater/construction

Texas Commission on Environmental Quality P.O. Box 13087, Austin, Texas 78711-3087

GENERAL PERMIT TO DISCHARGE UNDER THE

TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM

under provisions of

Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code

This permit supersedes and replaces TPDES General Permit No. TXR150000, effective March 5, 2018 and

EPA-issued 2017 NPDES General Permit No. TXR10Fooo, modified June 27, 2019

Construction sites that discharge storm water associated with construction activity located in the state of Texas may discharge to surface water in the state only according to monitoring requirements and other conditions set forth in this general permit, as well as the rules of the Texas Commission on Environmental Quality (TCEQ or Commission), the laws of the State of Texas, and other orders of the Commission of the TCEQ. The issuance of this general permit does not grant to the permittee the right to use private or public property for conveyance of stormwater and certain non-stormwater discharges along the discharge route.

This includes property belonging to but not limited to any individual, partnership, corporation or other entity. Neither does this general permit authorize any invasion of personal rights nor any violation of federal, state, or local laws or regulations. It is the responsibility of the permittee to acquire property rights as may be necessary to use the discharge route.

This general permit and the authorization contained herein shall expire at midnight, on March 5, 2023.

EFFECTIVE DATE: January 28, 2022

ISSUED DATE: J.,. .._..,. .,. :Ll

For the

Construction General Permit TPDES General Permit No. TXR150000

TPDES GENERAL PERMIT NUMBER TXR150000

RELATING TO STORMWATER DISCHARGES ASSOCIATED WITH

CONSTRUCTION ACTIVITIES

Table of Contents

Part I. Flow Chart and Definitions

Section A. Flow Chart to Determine Whether Coverage is Required

Section B. Definitions

Part II. Permit Applicability and Coverage

Section A. Discharges Eligible for Authorization

1. Stormwater Associated with Construction Activity

2. Discharges of Stormwater Associated with Construction Support Activities

3. Non-Stormwater Discharges

4. Other Permitted Discharges

Section B. Concrete Truck Wash Out

Section C. Limitations on Permit Coverage

1. Post Construction Discharges

2. Prohibition of Non-Stormwater Discharges

3. Compliance with Water Quality Standards

4. Impaired Receiving Waters and Total Maximum Daily Load (TMDL) Requirements

5. Discharges to the Edwards Aquifer Recharge or Contributing Zone

6. Discharges to Specific Watersheds and Water Quality Areas

7. Protection of Streams and Watersheds by Other Governmental Entities

8. Indian Country Lands

9. Exempt Oil and Gas Activities

10. The exemption does not include the construction of administrative buildings, parking lots, and roads servicing an administrative building at an oil and gas site, as these are considered traditional construction activities. Stormwater Discharges from Agricultural Activities

11. Endangered Species Act

12. Other

Section D. Deadlines for Obtaining Authorization to Discharge

1. Large Construction Activities

2. Small Construction Activities

Section E. Obtaining Authorization to Discharge

1. Automatic Authorization for Small Construction Activities with Low Potential for

Erosion:

2. Automatic Authorization for Small Construction Activities:

3. Authorization for Large Construction Activities:

4. Waivers for Small Construction Activities:

5. Effective Date of Coverage

6. Notice of Change (NOC)

7. Signatory Requirement for NOI Forms, Notice of Termination (NOT) Forms, NOC

Letters, and Construction Site Notices

8. Contents of the NOI

Section F. Terminating Coverage

1. Notice of Termination (NOT) Required

2. Minimum Contents of the NOT

3. Termination of Coverage for Small Construction Sites and for Secondary Operators at Large Construction Sites

4. Transfer of Day-to-Day Operational Control

Section G. Waivers from Coverage

1. Waiver Applicability and Coverage

2. Steps to Obtaining a Waiver

3. Effective Date of a LREW

4. Activities Extending Beyond the LREW Period

Section H. Alternative TPDES Permit Coverage

1. Individual Permit Alternative

2. Alternative Authorizations for Certain Discharges

Certain discharges eligible for authorization under this general permit may alternatively be authorized under a separate general permit according to 30 TAC Chapter 205

(relating to General Permits for Waste Discharges), as applicable

3. Individual Permit Required

4. Alternative Discharge Authorization

Section I. Permit Expiration

Part III. Stormwater Pollution Prevention Plans (SWP3)

Section A. Shared SWP3 Development

Section B. Responsibilities of Operators

1. Secondary Operators and Primary Operators with Control Over Construction Plans and Specifications

2. Primary Operators with Day-to-Day Operational Control

Section C. Deadlines for SWP3 Preparation, Implementation, and Compliance

Section D. Plan Review and Making Plans Available

Section E. Revisions and Updates to SWP3s

Section F. Contents of SWP3

Section G. Erosion and Sediment Control Requirements Applicable to All Sites

Part IV. Stormwater Runoff from Concrete Batch Plants

Section A. Benchmark Sampling Requirements

Section B. Best Management Practices (BMPs) and SWP3 Requirements

Section C. Prohibition of Wastewater Discharges

Part V. Concrete Truck Wash Out Requirements

Part VI. Retention of Records

Part VII. Standard Permit Conditions

Part VIII. Fees

Appendix A: Automatic Authorization

Appendix B: Erosivity Index (EI) Zones in Texas

Appendix C: Isoerodent Map

Appendix D: Erosivity Indices for EI Zones in Texas

Part I. Flow Chart and Definitions

Section A. Flow Chart to Determine Whether Coverage is Required

When calculating the acreage of land area disturbed, include the disturbed land-area of all construction and construction support activities.

Section B. Definitions

Arid Areas - Areas with an average annual rainfall of 0 to 10 inches.

Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices, maintenance procedures, structural controls, local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements, operating procedures, and practices to control construction site runoff, spills or leaks, waste disposal, or drainage from raw material storage areas.

Commencement of Construction - The initial disturbance of soils associated with clearing, grading, or excavation activities, as well as other construction-related activities (e.g., stockpiling of fill material, demolition).

Common Plan of Development - A construction activity that is completed in separate stages, separate phases, or in combination with other construction activities. A common plan of development (also known as a “common plan of development or sale”) is identified by the documentation for the construction project that identifies the scope of the project, and may include plats, blueprints, marketing plans, contracts, building permits, a public notice or hearing, zoning requests, or other similar documentation and activities. A common plan of development does not necessarily include all construction projects within the jurisdiction of a public entity (e.g., a city or university). Construction of roads or buildings in different parts of the jurisdiction would be considered separate “common plans,” with only the interconnected parts of a project being considered part of a “common plan” (e.g., a building and its associated parking lot and driveways, airport runway and associated taxiways, a building complex, etc.). Where discrete construction projects occur within a larger common plan of development or sale but are located ¼ mile or more apart, and the area between the projects is not being disturbed, each individual project can be treated as a separate plan of development or sale, provided that any interconnecting road, pipeline or utility project that is part of the same “common plan” is not included in the area to be disturbed.

Construction Activity - Includes soil disturbance activities, including clearing, grading, excavating, construction-related activity (e.g., stockpiling of fill material, demolition), and construction support activity. This does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site (e.g., the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing rights-of-way, and similar maintenance activities). Regulated construction activity is defined in terms of small and large construction activity.

Construction Support Activity – A construction-related activity that specifically supports construction activity, which can involve earth disturbance or pollutant-generating activities of its own, and can include, but are not limited to, activities associated with concrete or asphalt batch plants, rock crushers, equipment staging or storage areas, chemical storage areas, material storage areas, material borrow areas, and excavated material disposal areas. Construction support activity must only directly support the construction activity authorized under this general permit.

Dewatering – The act of draining rainwater or groundwater from building foundations, vaults, and trenches.

Discharge – For the purposes of this permit, the drainage, release, or disposal of pollutants in stormwater and certain non-stormwater from areas where soil disturbing activities (e.g., clearing, grading, excavation, stockpiling of fill material, and demolition), construction materials or equipment storage or maintenance (e.g., fill piles, borrow area, concrete truck wash out, fueling), or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are located.

Drought-Stricken Area – For the purposes of this permit, an area in which the National Oceanic and Atmospheric Administration’s U.S. Seasonal Drought Outlook indicates for the period during which the construction will occur that any of the following conditions are likely: (1) “Drought to persist or intensify”, (2) “Drought ongoing, some improvement”, (3) “Drought likely to improve, impacts ease”, or (4) “Drought development likely”. See http://www.cpc.ncep.noaa.gov/products/expert_assessment/seasonal_drought.html.

Edwards Aquifer - As defined under Texas Administrative Code (TAC) § 213.3 of this title (relating to the Edwards Aquifer), that portion of an arcuate belt of porous, water-bearing, predominantly carbonate rocks known as the Edwards and Associated Limestones in the Balcones Fault Zone trending from west to east to northeast in Kinney, Uvalde, Medina, Bexar, Comal, Hays, Travis, and Williamson Counties; and composed of the Salmon Peak Limestone, McKnight Formation, West Nueces Formation, Devil’s River Limestone, Person Formation, Kainer Formation, Edwards Formation, and Georgetown Formation. The permeable aquifer units generally overlie the less-permeable Glen Rose Formation to the south, overlie the less-permeable Comanche Peak and Walnut Formations north of the Colorado River, and underlie the less-permeable Del Rio Clay regionally.

Edwards Aquifer Recharge Zone - Generally, that area where the stratigraphic units constituting the Edwards Aquifer crop out, including the outcrops of other geologic formations in proximity to the Edwards Aquifer, where caves, sinkholes, faults, fractures, or other permeable features would create a potential for recharge of surface waters into the Edwards Aquifer. The recharge zone is identified as that area designated as such on official maps located in the offices of the Texas Commission on Environmental Quality (TCEQ) and the appropriate regional office. The Edwards Aquifer Map Viewer, located at http://www.tceq.texas.gov/compliance/field_ops/eapp/mapdisclaimer.html, can be used to determine where the recharge zone is located.

Edwards Aquifer Contributing Zone - The area or watershed where runoff from precipitation flows downgradient to the recharge zone of the Edwards Aquifer. The contributing zone is located upstream (upgradient) and generally north and northwest of the recharge zone for the following counties: all areas within Kinney County, except the area within the watershed draining to Segment No. 2304 of the Rio Grande Basin; all areas within Uvalde, Medina, Bexar, and Comal Counties; all areas within Hays and Travis Counties, except the area within the watersheds draining to the Colorado River above a point 1.3 miles upstream from Tom Miller Dam, Lake Austin at the confluence of Barrow Brook Cove, Segment No. 1403 of the Colorado River Basin; and all areas within Williamson County, except the area within the watersheds draining to the Lampasas River above the dam at Stillhouse Hollow reservoir, Segment No. 1216 of the Brazos River Basin. The contributing zone is illustrated on the Edwards Aquifer map viewer at http://www.tceq.texas.gov/compliance/field_ops/eapp/mapdisclaimer.html.

Effluent Limitations Guideline (ELG) – Defined in 40 Code of Federal Regulations (CFR) § 122.2 as a regulation published by the Administrator under § 304(b) of the Clean Water Act (CWA) to adopt or revise effluent limitations.

Facility or Activity – For the purpose of this permit, referring to a construction site, the location of construction activity, or a construction support activity that is regulated under this general permit, including all contiguous land and fixtures (for example, ponds and materials stockpiles), structures, or appurtenances used at a construction site or industrial site.

Final Stabilization - A construction site status where any of the following conditions are met:

(a) All soil disturbing activities at the site have been completed and a uniform (that is, evenly distributed, without large bare areas) perennial vegetative cover with a density of at least 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed.

(b) For individual lots in a residential construction site by either:

(1) the homebuilder completing final stabilization as specified in condition (a) above;

or

(2) the homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of, final stabilization. If temporary stabilization is not feasible, then the homebuilder may fulfill this requirement by retaining perimeter controls or BMPs, and informing the homeowner of the need for removal of temporary controls and the establishment of final stabilization.

Fulfillment of this requirement must be documented in the homebuilder’s stormwater pollution prevention plan (SWP3).

(c) For construction activities on land used for agricultural purposes (such as pipelines across crop or range land), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface water and areas that are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of condition (a) above.

(d) In arid, semi-arid, and drought-stricken areas only, all soil disturbing activities at the site have been completed and both of the following criteria have been met:

(1) Temporary erosion control measures (for example, degradable rolled erosion control product) are selected, designed, and installed along with an appropriate seed base to provide erosion control for at least three years without active maintenance by the operator, and

(2) The temporary erosion control measures are selected, designed, and installed to achieve 70% of the native background vegetative coverage within three years.

Hyperchlorination of Waterlines – Treatment of potable water lines or tanks with chlorine for disinfection purposes, typically following repair or partial replacement of the waterline or tank, and subsequently flushing the contents.

Impaired Water - A surface water body that is identified as impaired on the latest approved CWA §303(d) List or waters with an EPA-approved or established total maximum daily load (TMDL) that are found on the latest EPA approved Texas Integrated Report of Surface Water Quality for CWA Sections 305(b) and 303(d), which lists the category 4 and 5 water bodies.

Indian Country Land – All land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation; (2) all dependent Indian communities with the borders of the United States whether within the originally or subsequently acquired territory thereof, and whether within or without the limits of a state;

and (3) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. (40 CFR §122.2)

Indian Tribe - Any Indian Tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian Reservation (40

CFR §122.2).

Infeasible –Not technologically possible, or not economically practicable and achievable in light of best industry practices. (40 CFR §450.11(b)).

Large Construction Activity - Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than five (5) acres of land.

Large construction activity also includes the disturbance of less than five (5) acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than five (5) acres of land. Large construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site (for example, the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and similar maintenance activities.)

Linear Project – Includes the construction of roads, bridges, conduits, substructures, pipelines, sewer lines, towers, poles, cables, wires, connectors, switching, regulating and transforming equipment and associated ancillary facilities in a long, narrow area.

Low Rainfall Erosivity Waiver (LREW) - A written submission to the executive director from an operator of a construction site that is considered as small construction activity under the permit, which qualifies for a waiver from the requirements for small construction activities, only during the period of time when the calculated rainfall erosivity factor is less than five (5).

Minimize - To reduce or eliminate to the extent achievable using stormwater controls that are technologically available and economically practicable and achievable in light of best industry practices.

Municipal Separate Storm Sewer System (MS4) - A separate storm sewer system owned or operated by the United States, a state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over the disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, that discharges to surface water in the state.

Notice of Change (NOC) – Written notification to the executive director from a discharger authorized under this permit, providing changes to information that was previously provided to the agency in a notice of intent form.

Notice of Intent (NOI) - A written submission to the executive director from an applicant requesting coverage under this general permit.

Notice of Termination (NOT) - A written submission to the executive director from a discharger authorized under this general permit requesting termination of coverage.

Operator - The person or persons associated with a large or small construction activity that is either a primary or secondary operator as defined below:

Primary Operator – the person or persons associated with construction activity that meets either of the following two criteria:

(a) the person or persons have on-site operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or

(b) the person or persons have day-to-day operational control of those activities at a construction site that are necessary to ensure compliance with a Storm Water Pollution Prevention Plan (SWP3) for the site or other permit conditions (for example, they are authorized to direct workers at a site to carry out activities required by the SWP3 or comply with other permit conditions).

Secondary Operator – The person or entity, often the property owner, whose operational control is limited to:

(a) the employment of other operators, such as a general contractor, to perform or supervise construction activities; or

(b) the ability to approve or disapprove changes to construction plans and specifications, but who does not have day-to-day on-site operational control over construction activities at the site.

Secondary operators must either prepare their own SWP3 or participate in a shared SWP3 that covers the areas of the construction site, where they have control over the construction plans and specifications.

If there is not a primary operator at the construction site, then the secondary operator is defined as the primary operator and must comply with the requirements for primary operators.

Outfall - For the purpose of this permit, a point source at the point where stormwater runoff associated with construction activity discharges to surface water in the state and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels, or other conveyances that connect segments of the same stream or other water of the U.S. and are used to convey waters of the U.S.

Permittee - An operator authorized under this general permit. The authorization may be gained through submission of a notice of intent, by waiver, or by meeting the requirements for automatic coverage to discharge stormwater runoff and certain non-stormwater discharges from construction activity.

Point Source –Any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are, or may be, discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff (40 CFR §122.2).

Pollutant - Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into any surface water in the state. The term "pollutant" does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated rangeland, pastureland, and farmland. For the purpose of this permit, the term “pollutant” includes sediment.

Pollution - The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any surface water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose (Texas Water Code (TWC) §26.001(14)).

Rainfall Erosivity Factor (R factor) - the total annual erosive potential that is due to climatic effects, and is part of the Revised Universal Soil Loss Equation (RUSLE).

Receiving Water - A “Water of the United States” as defined in 40 CFR §122.2 or a surface water in the state into which the regulated stormwater discharges.

Semiarid Areas - areas with an average annual rainfall of 10 to 20 inches.

Separate Storm Sewer System - A conveyance or system of conveyances (including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains), designed or used for collecting or conveying stormwater; that is not a combined sewer, and that is not part of a publicly owned treatment works (POTW).

Small Construction Activity - Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than one (1) acre and less than five (5) acres of land. Small construction activity also includes the disturbance of less than one (1) acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one (1) and less than five (5) acres of land. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site (for example, the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and similar maintenance activities).

Steep Slopes – Where a state, Tribe, local government, or industry technical manual (e.g.

stormwater BMP manual) has defined what is to be considered a “steep slope”, this permit’s definition automatically adopts that definition. Where no such definition exists, steep slopes are automatically defined as those that are 15 percent or greater in grade.

Stormwater (or Stormwater Runoff) - Rainfall runoff, snow melt runoff, and surface runoff and drainage.

Stormwater Associated with Construction Activity - Stormwater runoff, as defined above, from a construction activity.

Structural Control (or Practice) - A pollution prevention practice that requires the construction of a device, or the use of a device, to reduce or prevent pollution in stormwater runoff. Structural controls and practices may include but are not limited to: silt fences, earthen dikes, drainage swales, sediment traps, check dams, subsurface drains, storm drain inlet protection, rock outlet protection, reinforced soil retaining systems, gabions, and temporary or permanent sediment basins.

Surface Water in the State - Lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state (from the mean high water mark (MHWM) out 10.36 miles into the Gulf), and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or non-navigable, and including the beds and banks of all water-courses and bodies of surface water, that are wholly or partially inside or bordering the state or subject to the jurisdiction of the state; except that waters in treatment systems which are authorized by state or federal law, regulation, or permit, and which are created for the purpose of waste treatment are not considered to be water in the state.

Temporary Stabilization - A condition where exposed soils or disturbed areas are provided a protective cover or other structural control to prevent the migration of pollutants.

Temporary stabilization may include temporary seeding, geotextiles, mulches, and other techniques to reduce or eliminate erosion until either permanent stabilization can be achieved or until further construction activities take place.

Thawing Conditions – for the purposes of this permit, thawing conditions are expected based on the historical likelihood of two or more days with daytime temperatures greater than 32 ̊F. This date can be determined by looking at historical weather data.

Note: The estimation of thawing conditions is for planning purposes only. During construction, the permittee will be required to conduct site inspections based upon actual conditions (i.e., if thawing conditions occur sooner than expected, the permittee will be required to conduct inspections at the regular frequency).

Total Maximum Daily Load (TMDL) - The total amount of a pollutant that a water body can assimilate and still meet the Texas Surface Water Quality Standards.

Turbidity – A condition of water quality characterized by the presence of suspended solids and/or organic material.

Waters of the United States - Waters of the United States or waters of the U.S. means:

(a) all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;

(b) all interstate waters, including interstate wetlands;

(c) all other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds that the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters:

(1) which are or could be used by interstate or foreign travelers for recreational or other purposes;

(2) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or

(3) which are used or could be used for industrial purposes by industries in interstate commerce;

(d) all impoundments of waters otherwise defined as waters of the United States under this definition;

(e) tributaries of waters identified in paragraphs (a) through (d) of this definition;

(f) the territorial sea; and

(g) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition.

Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA are not waters of the U.S. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the U.S. (such as disposal area in wetlands) nor resulted from the impoundment of waters of the U.S. Waters of the U.S. do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the CWA, the final authority regarding CWA jurisdiction remains with EPA.

Part II. Permit Applicability and Coverage

Section A. Discharges Eligible for Authorization

1. Stormwater Associated with Construction Activity

Discharges of stormwater runoff and certain non-stormwater discharges from small and large construction activities may be authorized under this general permit, except as described in Part II.C. of this permit.

2. Discharges of Stormwater Associated with Construction Support Activities

Discharges of stormwater runoff and certain non-stormwater discharges from construction support activities as defined in Part I.B of this general permit may be authorized, provided that the following conditions are met:

(a) the construction support activities are located within one (1) mile from the boundary of the construction site where the construction activity authorized under the permit is being conducted that requires the support of these activities;

(b) an SWP3 is developed and implemented for the permitted construction site according to the provisions in Part III.F of this general permit, including appropriate controls and measures to reduce erosion and the discharge of pollutants in stormwater runoff according to the provisions in Part III.G of this general permit;

(c) the activities are directly related to the construction site;

(d) the activities are not a commercial operation, nor serve other unrelated construction projects; and

(e) the activities do not continue to operate beyond the completion of the construction activity at the project it supports.

Construction support activities that operate outside the terms provided in (a) through (e) above must obtain authorization under a separate Texas Pollutant Discharge Elimination System (TPDES) permit, which may include the TPDES Multi Sector General Permit (MSGP), TXR050000 (related to stormwater discharges associated with industrial activity), an alternative general permit (if available), or an individual water quality permit.

3. Non-Stormwater Discharges

The following non-stormwater discharges from sites authorized under this general permit are also eligible for authorization under this general permit:

(a) discharges from fire-fighting activities (fire-fighting activities do not include washing of trucks, run-off water from training activities, test water from fire suppression systems, or similar activities);

(b) uncontaminated fire hydrant flushings (excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life), which include flushings from systems that utilize potable water, surface water, or groundwater that does not contain additional pollutants (uncontaminated fire hydrant flushings do not include systems utilizing reclaimed wastewater as a source water);

(c) water from the routine external washing of vehicles, the external portion of buildings or structures, and pavement, where solvents, detergents, and soaps are not used, where spills or leaks of toxic or hazardous materials have not occurred (unless spilled materials have been removed; and if local state, or federal regulations are applicable, the materials are removed according to those regulations), and where the purpose is to remove mud, dirt, or dust;

(d) uncontaminated water used to control dust;

(e) potable water sources, including waterline flushings, but excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life;

(f) uncontaminated air conditioning condensate;

(g) uncontaminated ground water or spring water, including foundation or footing drains where flows are not contaminated with industrial materials such as solvents;

and

(h) lawn watering and similar irrigation drainage.

4. Other Permitted Discharges

Any discharge authorized under a separate National Pollutant Discharge Elimination System (NPDES), TPDES, or TCEQ permit may be combined with discharges authorized by this general permit, provided those discharges comply with the associated permit.

Section B. Concrete Truck Wash Out

The wash out of concrete trucks at regulated construction sites must be performed in accordance with the requirements of Part V of this general permit.

Section C. Limitations on Permit Coverage

1. Post Construction Discharges

Discharges that occur after construction activities have been completed, and after the construction site and any supporting activity site have undergone final stabilization, are not eligible for coverage under this general permit. Discharges originating from the sites are not authorized under this general permit following the submission of the notice of termination (NOT) or removal of the appropriate site notice, as applicable, for the regulated construction activity.

2. Prohibition of Non-Stormwater Discharges

Except as otherwise provided in Part II.A of this general permit, only discharges that are composed entirely of stormwater associated with construction activity may be authorized under this general permit.

3. Compliance with Water Quality Standards

Discharges to surface water in the state that would cause, have the reasonable potential to cause, or contribute to a violation of water quality standards or that would fail to protect and maintain existing designated uses of surface water in the state are not eligible for coverage under this general permit. The executive director may require an application for an individual permit or alternative general permit (see Parts II.H.2 and 3.) to authorize discharges to surface water in the state if the executive director determines that any activity will cause, has the reasonable potential to cause, or contribute to a violation of water quality standards or is found to cause, has the reasonable potential to cause, or contribute to, the impairment of a designated use. The executive director may also require an application for an individual permit considering factors described in Part II.H.3 of this general permit.

4. Impaired Receiving Waters and Total Maximum Daily Load (TMDL) Requirements

The permittee shall determine whether the authorized discharge is to an impaired water body on the latest EPA-approved CWA Section 303(d) List or waters with an EPA-approved or established TMDL that are found on the latest EPA-approved Texas Integrated Report of Surface Water Quality for CWA Sections 305(b) and 303(d), which lists the category 4 and 5 water bodies.

New sources or new discharges of the pollutants of concern to impaired waters are not authorized by this permit unless otherwise allowable under 30 TAC Chapter 305 and applicable state law. Impaired waters are those that do not meet applicable water quality standard(s) and are listed as category 4 or 5 in the current version of the Texas Integrated Report of Surface Water Quality, and waterbodies listed on the CWA § 303(d) list. Pollutants of concern are those for which the water body is listed as impaired.

Discharges of the pollutants of concern to impaired water bodies for which there is a TMDL are not eligible for coverage under this general permit unless they are consistent with the approved TMDL.