23-Attachment AA - Report File.pdf

SWPPP

FORMS AND DOCUMENTS

Section 1. SWPPP Plan Sheet & Site Maps

Section 2. Operator Coordination

Section 3. Storm Water Construction Site Inspection Report

Section 4. Inspector Qualifications

Section 5. Corrective Action Log/Record Keeping Log

Section 6. SWPPP Amendment Log

Section 7. TPDES Forms (CSN & NOI)

Section 8. USACE Forms

Section 9. TPDES General Permit No. TXR 150000

Version 3.0 March 22, 2022

Section 1.

SWPPP Plan Sheet & Site Maps

Include plan sheet and site drawings in binder for Construction Phase. Do not include when submitting Report File during Design Phase.

Section 2.

Operator Coordination Form(s)

When a joint SWPPP is being used by multiple entities, the individual rolls of each must be clarified using the following document.

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

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 storm water discharges associated with activity from the construction site identified as part of this certification.

Responsible For:

Company Name Title Signature

Date bjohnson Typewritten Text bjohnson Typewritten Text

Section 3.

Storm Water Construction Site Inspection Reports

Additional inspection report 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

Section 4.

SWPPP Inspector Qualifications

Document experience & qualifications information for all inspectors involved with the project.

Section 5.

Corrective Action Log/Record Keeping Log

A Corrective Action Log must be maintained to document any repairs or modifications to BMPs.

Additional Corrective Action 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

Section 6.

SWPPP Amendment Log

A Corrective Action Log must be maintained to document any changes to the SWPPP after it has been implemented.

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

Section 7.

TPDES Forms (CSN & NOI)

Include printout of completed TCEQ NOI and NOT forms from STEERS, or applicable CSN form. Both Harris County and the primary contractor must submit an individual NOI and NOT for the project. Record access information generated by STEERS below.

At time of document creation, add the following accounts for access:

All projects- Dwayne Rogers #ER060287

Suzette Moody #ER060553

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 8.

USACE Forms

Insert all Jurisdictional Determination documents and any permits or related correspondence needed for the project.

Version 3.0 March 22, 2022

Section 9.

TPDES General Permit No. TXR 150000

(Dated January 28, 2022)

OPERATOR COORDINATION FORM

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 storm water discharges associated with activity from the construction site identified as part of this certification.

Responsible For:

Company Name Title Signature

Date bjohnson Typewritten Text bjohnson Typewritten Text

Harris County Engineering Department Environmental Services Section

SWPPP Field inspection and Maintenance Form

Project Information

Project Name: UPIN #: TCEQ Authorization # (large projects only): Inspection Date:

Inspected Best Management Practice (BMP) & Areas Disturbed Areas:

Discharge Locations:

Erosion Control BMPs:

Sediment Control BMP:

Vehicle Entry/Exit areas Concrete Washout areas Trash Collection Areas Dust Generation Areas

Postings Material Storage/Stockpiles Sanitary Facilities Parking/Equipment Storage

Other:

Needed Corrective Action, Maintenance, Upgrades and Additional Controls No corrective actions needed:

Location Issue Suggested Action GCP Non-

Compliance

Stabilization Location Stabilization Measure Date Notes

Certification

Name (print) Title Signature Date

Inspector

Contractor Representative

HCED

Representative

SWPPP Corrective Action Log

Project Information Project Name: UPIN:

Corrective Action Date of

Inspection Date of

Corrective Action

Location Issue Corrective Action Reason for any delay in repair

SWPPP Amendment Log

Project Name: UPIN #:

Amendment Number

Date of Implementation Prepared By Description

LARGE CONSTRUCTION SITE NOTICE

FOR THE

Texas Commission on Environmental Quality (TCEQ) Stormwater Program

TPDES GENERAL PERMIT TXR150000

“PRIMARY OPERATOR” NOTICE

This notice applies to construction sites operating under Part II.E.3. of the TPDES General Permit Number TXR150000 for discharges of stormwater runoff from construction sites equal to or greater than five acres, including the larger common plan of development. The information on this notice is required in Part III.D.2. of the general permit. Additional information regarding the TCEQ stormwater permit program may be found on the internet at:

http://www.tceq.state.tx.us/nav/permits/wq_construction.html

Site-Specific TPDES Authorization Number:

Operator Name:

Contact Name and Phone Number:

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

Location of Stormwater Pollution Prevention Plan:

http://www.tceq.state.tx.us/nav/permits/wq_construction.html http://www.tceq.state.tx.us/nav/permits/wq_construction.html

Texas Commission on Environmental Quality Construction Notice of Intent

Site Information (Regulated Entity)

What is the name of the site to be authorized?

Does the site have a physical address?

Because there is no physical address, describe how to locate this site:

City

State TX

ZIP

County HARRIS

Latitude (N) (##.######)

Longitude (W) (-###.######)

Primary SIC Code

Secondary SIC Code

Primary NAICS Code

Secondary NAICS Code

Regulated Entity Site Information

What is the Regulated Entity's Number (RN)?

What is the name of the Regulated Entity (RE)? Project name

Does the RE site have a physical address?

Because there is no physical address, describe how to locate this site:

City

State TX

ZIP

County HARRIS

Latitude (N) (##.######)

Longitude (W) (-###.######)

Facility NAICS Code

What is the primary business of this entity? County Government

Customer (Applicant) Information

How is this applicant associated with this site? Operator

What is the applicant's Customer Number (CN)? CN602680423

Type of Customer County Government

Full legal name of the applicant:

Page 1 of 4ApplicationSummaryReport

10/4/2018https://www19.tceq.texas.gov/ePermitsExternal/faces/views/reports/applicationSummaryR...

Project name

Legal Name Harris County

Texas SOS Filing Number

Federal Tax ID

State Franchise Tax ID

State Sales Tax ID

Local Tax ID

DUNS Number

Number of Employees 501+

Independently Owned and Operated? No

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.

Yes

Responsible Authority Contact

Organization Name Harris County

Prefix MR

First Nick

Middle J

Last Russo

Suffix III

Credentials

Title

Responsible Authority Mailing Address

Enter new address or copy one from list:

Address Type

Mailing Address (include Suite or Bldg. here, if applicable)

Routing (such as Mail Code, Dept., or Attn:)

City

State

ZIP

Phone (###-###-####)

Extension

Alternate Phone (###-###-####)

Fax (###-###-####)

E-mail

Environmental Compliance Officer

Domestic

1001 PRESTON ST

5th Floor

HOUSTON

TX

77002

713-274-3667

Nick.Russo@hcpid.org

Application Contact

Person TCEQ should contact for questions about this application:

Same as another contact?

Page 2 of 4ApplicationSummaryReport

Organization Name Harris County Construction Programs Departmen

Prefix MS

First Julia

Middle

Last Bond

Suffix

Credentials PE

Title Assistant Manager

Enter new address or copy one from list:

Mailing Address

Address Type Domestic

Mailing Address (include Suite or Bldg. here, if applicable)

1310 PRAIRIE ST

Routing (such as Mail Code, Dept., or Attn:) STE 1002

City HOUSTON

State TX

ZIP 77002

Phone (###-###-####) 7132741564

Extension

Alternate Phone (###-###-####)

Fax (###-###-####)

E-mail Julia.Bond@hcpid.org

CNOI General Characteristics

1) Is the project located on Indian Country Lands?

2) Is your construction activity associated with a facility that, when completed, would be associated with the exploration, development, or production of oil or gas or geothermal resources?

No

3) What is the Primary Standard Industrial Classification (SIC) Code that best describes the construction activity being conducted at the site?

4) If applicable, what is the Secondary SIC Code (s)?

5) What is the total number of acres disturbed?

6) Is the project site part of a larger common plan of development or sale?

7) What is the estimated start date of the project?

8) What is the estimated end date of the project?

9) Will concrete truck washout be performed at the site?

Page 3 of 4ApplicationSummaryReport

10) What is the name of the first water body(s) to receive the stormwater runoff or potential runoff from the site?

11) What is the segment number(s) of the classified water body(s) that the discharge will eventually reach?

12) Is the discharge into a Municipal Separate Storm Sewer System (MS4)?

13) Are any of the surface water bodies receiving discharges from the construction site on the 2014 Texas Integrated Report of Surface Water Quality?

14) Is the discharge or potential discharge within the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer, as defined in 30 TAC Chapter 213?

15) 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 TXR150000. Note: For multiple operators who operate under a shared SWP3, the confirmation of an operator may be limited to its obligations under the SWP3 provided all obligations are confirmed by at least one operator.

Yes

16) I certify that I have obtained a copy and understand the terms and conditions of the Construction General Permit (TXR150000).

Yes

17) I understand that a Notice of Termination (NOT) must be submitted when this authorization is no longer needed.

Yes

Page 4 of 4ApplicationSummaryReport

TCEQ-20023 (03/05/2018) Page 1

TCEQ Office Use Only Permit No:

CN:

RN:

Region:

Notice of Termination (NOT) for Authorizations under

TPDES General Permit TXR150000

IMPORTANT INFORMATION:

Please read and use the General Information and Instructions prior to filling out each question in the NOI form.

Effective September 1, 2018, this paper form can only be submitted to TCEQ with a completed and qualifying form for a waiver from electronic submittal of applications and forms.

ePermits: This form is available on our online permitting system.

Sign up for online permitting at: https://www3.tceq.texas.gov/steers/

What is the permit number to be terminated?

TXR15 enter permit number here TXRCW enter permit number here

Section 1. OPERATOR (Permittee)

a) What is the Customer Number (CN) issued to this entity?

CN 602680423

b) What is the Legal Name of the current permittee?

Harris County

c) Provide the contact information for the Operator (Responsible Authority).

Prefix (Mr. Ms. or Miss): Mr.

First and Last Name: Nick J.Russo III Suffix: enter suffix here

Title: Environmental Compliance Officer Credentials: enter credentials

Phone Number: 713-274-3667 Fax Number: enter fax number here

Email: Nick.Russo@hcpid.org

Mailing Address: 1001 Preston, 5th Floor

City, State, and Zip Code: Houston, TX 77002

Country Mailing Information, if outside USA: enter country mailing info here

Section 2. APPLICATION CONTACT

This is the person TCEQ will contact if additional information is needed regarding this application.

Is the application contact the same as the permittee identified above? Yes ☐ No ☒ If Yes, go to Section 3.

If No, complete section below https://www3.tceq.texas.gov/steers/

TCEQ-20023 (03/05/2018) Page 2

Prefix (Mr. Ms. or Miss): Ms.

First and Last Name: Julia Bond Suffix: enter suffix here

Title: Assistant Manager Credentials: P.E.

Phone Number: 713-274-1564 Fax Number: enter fax number here

Email: Julia.bond@hcpid.org

Mailing Address: 1310 Prairie, Ste. 1102

City, State, and Zip Code: Houston, TX 77002

Country Mailing Information, if outside USA: enter country mailing info here

Section 3. REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE

a) TCEQ issued RE Reference Number (RN): RN enter regulated entity number here

b) Name of project or site as known by the local community: enter site name here

c) County, or counties if more than 1: Harris County

d) Latitude: enter latitude here Longitude: enter longitude here

e) Site Address/Location:

If the site has a physical address such as 12100 Park 35 Circle, Austin, TX 78753, complete Section 3A.

If the site does not have a physical address, provide a location description in Section 3B.

Example: located on the north side of FM 123, 2 miles west of the intersection of FM 123 and Highway 1.

Section 3A: Physical Address of Project or Site:

Street Number and Name: enter street number and name here

City, State, and Zip Code: enter city, state, and zip code here

Section 3B: Site Location Description:

Location description: enter location description here. Example: located on the north side of FM 123, 2 miles west of the intersection of FM 123 and Highway 1

City where the site is located or, if not in a city, what is the nearest city: enter city here

Zip Code where the site is located: enter zip code here

Section 4. REASON FOR TERMINATION

Check the reason for termination:

☐ Final stabilization has been achieved on all portions of the site that are the responsibility of the Operator and all silt fences and other temporary erosion controls have been removed, or scheduled for removal as defined in the SWP3.

☐ Another permitted Operator has assumed control over all areas of the site that have not been finally stabilized, and temporary erosion controls that have been identified in the

SWP3 have been transferred to the new Operator.

TCEQ-20023 (03/05/2018) Page 3

☐ The discharge is now authorized under an alternate TPDES permit.

☐ The activity never began at this site that is regulated under the general permit.

Section 5. CERTIFICATION

Signatory Name: Nick J. Russo III

Signatory Title: Environmental Compliance Officer

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

I further certify that I am authorized under 30 Texas Administrative Code §305.44 to sign and submit this document, and can provide documentation in proof of such authorization upon request.

T

Signature (use blue ink): Date:

TCEQ-20023 Instructions (03/05/2018) Page 1

Instructions for Notice of Termination (NOT) for Authorizations under TPDES General Permit TXR150000

GENERAL INFORMATION

Where to Send the Notice of Termination (NOT):

BY REGULAR U.S. MAIL:

Texas Commission on Environmental Quality Stormwater Processing Center (MC-228) P.O. Box 13087 Austin, Texas 78711-3087

BY OVERNIGHT/EXPRESS MAIL:

Texas Commission on Environmental Quality Stormwater Processing Center (MC-228) 12100 Park 35 Circle Austin, TX 78753

TCEQ Contact List:

Application status and form questions: 512-239-3700, swpermit@tceq.texas.gov Technical questions: 512-239-4671, swgp@tceq.texas.gov Environmental Law Division: 512-239-0600 Records Management - obtain copies of forms: 512-239-0900 Reports from databases (as available): 512-239-DATA (3282) Cashier’s office: 512-239-0357 or 512-239-0187

Notice of Termination Process:

A Notice of Termination is effective on the date postmarked for delivery to TCEQ.

When your NOT is received by the program, the form will be processed as follows:

1) Administrative Review: The form will be reviewed to confirm the following:

• the permit number is provided;

• the permit is active and has been approved;

• the entity terminating the permit is the current permittee;

• the site information matches the original permit record; and

• the form has the required original signature with title and date.

2) Notice of Deficiency: If an item is incomplete or not verifiable as indicated above, a phone call will be made to the applicant to clear the deficiency. A letter will not be sent to the permittee if unable to process the form.

3) Confirmation of Termination: A Notice of Termination Confirmation letter will be mailed to the operator.

Change in Operator:

An authorization under the general permit is not transferable. If the operator of the regulated entity changes, the present permittee must submit a Notice of Termination and the new operator must submit a Notice of Intent. The NOT and NOI must be submitted not later than 10 days prior to the change in Operator status.

INSTRUCTIONS FOR FILLING OUT THE FORM

The majority of permit information related to the current operator and regulated entity are available at the following website: http://www2.tceq.texas.gov/wq_dpa/index.cfm.

mailto:swpermit@tceq.texas.gov mailto:swgp@tceq.texas.gov http://www2.tceq.texas.gov/wq_dpa/index.cfm

TCEQ-20023 Instructions (03/05/2018) Page 2

Section 1. Operator (Current Permittee):

a) Customer Number (CN) TCEQ’s Central Registry assigns each customer a number that begins with CN, followed by nine digits. This is not a permit number, registration number, or license number. The Customer Number, for the current permittee, is available at the following website:

http://www2.tceq.texas.gov/wq_dpa/index.cfm.

b) Legal Name of Operator The operator must be the same entity as previously submitted on the original Notice of Intent for the permit number provided. The current operator name, as provided on the current authorization, is available at the following website:

http://www2.tceq.texas.gov/wq_dpa/index.cfm.

c) Contact Information for the Operator (Responsible Authority) Provide information for person signing the NOT application in the Certification section.

This person is also referred to as the Responsible Authority.

Provide a complete mailing address for receiving mail from the TCEQ. Update the address if different than previously submitted for the Notice of Intent or Notice of Change. The mailing address must be recognized by the US Postal Service. You may verify the address on the following website: https://tools.usps.com/go/ZipLookupAction!input.action.

The phone number should provide contact to the operator.

The fax number and e-mail address are optional and should correspond to the operator.

Section 2. Application Contact:

Provide the name, title and contact information of the person that TCEQ can contact for additional information regarding this application.

Section 3. Regulated Entity (RE) Information on Project or Site:

a) Regulated Entity Reference Number (RN) A number issued by TCEQ’s Central Registry to sites where an activity regulated by TCEQ.

This is not a permit number, registration number, or license number. The Regulated Entity Reference Number is available at the following website:

http://www2.tceq.texas.gov/wq_dpa/index.cfm.

b) Name of the Project or Site Provide the name of the site as known by the public in the area where the site is located.

c) County Identify the county or counties in which the regulated entity is located.

d) Latitude and Longitude Enter the latitude and longitude of the site in degrees, minutes, and seconds or decimal form. The latitude and longitude as provided on the current authorization is available at the following website: http://www2.tceq.texas.gov/wq_dpa/index.cfm.

e) Site/Project (RE) Physical Address/Location Information The physical address/location information, as provided on the current authorization, is available at the following website: http://www2.tceq.texas.gov/wq_dpa/index.cfm.

http://www2.tceq.texas.gov/wq_dpa/index.cfm http://www2.tceq.texas.gov/wq_dpa/index.cfm https://tools.usps.com/go/ZipLookupAction!input.action http://www2.tceq.texas.gov/wq_dpa/index.cfm

TCEQ-20023 Instructions (03/05/2018) Page 3

Section 3A. If a site has an address that includes a street number and street name, enter the complete address for the site. If the physical address is not recognized as a USPS delivery address, you may need to validate the address with your local police (911 service) or through an online map site used to locate the site. Please confirm this to be a complete and valid address. Do not use a rural route or post office box for a site location.

Section 3B. If a site does not have an address that includes a street number and street name, provide a complete written location description. For example: "The site is located on the north side of FM 123, 2 miles west of the intersection of FM 123 and Highway 1."

Provide the city (or nearest city) and Zip Code of the facility location.

Section 4. Reason for Termination:

The Notice of Termination form is only for use to terminate the authorization (permit). The Permittee must indicate the specific reason for terminating by checking one of the options. If the reason is not listed then provide an attachment that explains the reason for termination.

Please read your general permit carefully to determine when to terminate your permit. Permits will not be reactivated after submitting a termination form. The termination is effective on the date postmarked for delivery to TCEQ.

Section 5. Certification:

The certification must bear an original signature of a person meeting the signatory requirements specified under 30 Texas Administrative Code §305.44.

IF YOU ARE A CORPORATION:

The regulation that controls who may sign an application form is 30 Texas Administrative Code §305.44(a), which is provided below. According to this code provision, any corporate representative may sign an NOI or similar form so long as the authority to sign such a document has been delegated to that person in accordance with corporate procedures. By signing the NOI or similar form, you are certifying that such authority has been delegated to you. The TCEQ may request documentation evidencing such authority.

IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY:

The regulation that controls who may sign an NOI or similar form is 30 Texas Administrative Code §305.44(a), which is provided below. According to this code provision, only a ranking elected official or principal executive officer may sign an NOI or similar form. Persons such as the City Mayor or County Commissioner will be considered ranking elected officials. In order to identify the principal executive officer of your government entity, it may be beneficial to consult your city charter, county or city ordinances, or the Texas statutes under which your government entity was formed. An NOI or similar document that is signed by a government official who is not a ranking elected official or principal executive officer does not conform to §305.44(a) (3).

The signatory requirement may not be delegated to a government representative other than those identified in the regulation. By signing the NOI or similar form, you are certifying that you are either a ranking elected official or principal executive officer as required by the administrative code. Documentation demonstrating your position as a ranking elected official or principal executive officer may be requested by the TCEQ.

If you have any questions or need additional information concerning the signatory requirements discussed above, please contact the Texas Commission on Environmental Quality’s Environmental Law Division at 512-239-0600.

TCEQ-20023 Instructions (03/05/2018) Page 4

30 Texas Administrative Code §305.44. Signatories to Applications

(a) All applications shall be signed as follows.

(1) For a corporation, the application shall be signed by a responsible corporate officer. For purposes of this paragraph, a responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

Corporate procedures governing authority to sign permit or post-closure order applications may provide for assignment or delegation to applicable corporate positions rather than to specific individuals.

(2) For a partnership or sole proprietorship, the application shall be signed by a general partner or the proprietor, respectively.

(3) For a municipality, state, federal, or other public agency, the application shall be signed by either a principal executive officer or a ranking elected official. For purposes of this paragraph, a principal executive officer of a federal agency includes the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., regional administrator of the EPA).

This is the end of the instructions.

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.