06_TCEQ_Multi_Sector_General_Permit_(TXR050000).pdf

Multi Sector General Permit TPDES General Permit No.TXR050000

Table of Contents Part I. DEFINITIONS

Part II. PERMIT APPLICABILITY AND COVERAGE

Section A. Discharges Eligible for Authorization by General Permit

1. Industrial Activities Covered

2. Miscellaneous Industrial Activities

3. Co-located Industrial Activities

4. Co-located Industrial Facilities

5. Requirements for Military Installations and Other Publicly-Owned Facilities

6. Non-Stormwater Discharges

Section B. Limitations on Permit Coverage

1. Suspension or Revocation of Permit Coverage

2. Discharges Authorized by Another TPDES Permit

3. Stormwater Discharges from Construction Activity

4. Stormwater Discharges from Salt Storage Piles

5. Discharges of Stormwater Mixed with Non-Stormwater

6. Compliance with Water Quality Standards

7. Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements

8. Discharges to the Edwards Aquifer Recharge Zone

9. Discharges to Specific Watersheds and Water Quality Areas

10. Endangered Species Act

11. Protection of Streams and Watersheds by Home-Rule Municipalities

12. Facilities with No Discharge to Surface Water in the State

13. Automatic Authorization for Certain Industrial Activities

14. Transfer of Liability

15. Force Majeure

Section C. Obtaining Authorization to Discharge

1. Conditional No Exposure Exclusion from Permit Requirements

2. Application for Coverage

3. Application Deadlines

4. Stormwater Pollution Prevention Plan (SWP3)

5. Contents of the Notice of Intent (NOI)

6. Changes to Information Submitted

7. Terminating Coverage

8. Signatory Requirements

9. Additional Notification

10. Fees 55

11. Permit Expiration

Section D. Alternative Coverage Under an Individual TPDES Permit

1. Individual Permit Alternative

2. General Permit Alternative

3. Individual Permit Required

Part III. PERMIT REQUIREMENTS AND CONDITIONS COMMON TO ALL

COVERED INDUSTRIAL ACTIVITIES

Section A. General Stormwater Pollution Prevention Plan (SWP3) Requirements

1. Implementation of SWP3 and Consistency with Other Plans

2. Stormwater Pollution Prevention Team

3. Description of Potential Pollutants and Sources

4. Pollution Prevention Measures and Controls

5. Additional Documentation Requirements

6. SWP3 Review

Section B. Periodic Inspections and Monitoring

1. Inspection and Certification of Non-Stormwater Discharges

2. Routine Facility Inspections

3. Quarterly Visual Monitoring

4. Water Quality Monitoring Requirements

5. Annual Comprehensive Site Compliance Inspection

6. Results of Inspections and Monitoring

7. Exceptions to Periodic Inspections and Monitoring

Section C. Numeric Effluent Limitations

1. Discharges of Stormwater Runoff

2. Discharges Subject to Federal Categorical Guidelines

Section D. General Monitoring and Records Requirements

1. Qualifying Storm Events

2. Representative Discharge Samples

3. Monitoring Periods

4. Exceptions to Monitoring Requirements

5. Records Retention

6. Monitoring and Inspection Documentation

Section E. Standard Permit Conditions

1. General Conditions

2. Proper Operation and Maintenance

3. Inspection and Entry Requirements

4. Monitoring and Sampling

5. Records Requirements

6. Reporting Requirements

7. Solid Waste

Part IV. BENCHMARK MONITORING REQUIREMENTS

Section A. Use of Benchmark Data

1. Monitoring for Benchmark Parameters in Discharges

2. Background Concentrations

3. Investigations of Benchmark Value Exceedences

4. Exception for Inactive and Unstaffed Sites

5. Adverse Weather Conditions

Section B. Benchmark Monitoring Requirements

1. Monitoring Periods

2. Reporting Requirements

Part V. SPECIFIC REQUIREMENTS FOR INDUSTRIAL ACTIVITIES

Section A. Sector A of Industrial Activity - Timber Products Facilities

1. Description of Industrial Activity

2. Definitions

3. Limitations on Permit Coverage

4. Authorized Non-Stormwater Discharges

5. Description of Potential Pollutants and Sources

6. Pollution Prevention Measures and Controls

7. Numeric Effluent Limitations Based on Federal Effluent Guidelines and Standards - Applicable to Sector A facilities discharging Wet Decking Water

8. Benchmark Monitoring Requirements

Section B. Sector B of Industrial Activity - Paper and Allied Products Manufacturing Facilities

1. Description of Industrial Activity

2. Benchmark Monitoring Requirements

Section C. Sector C of Industrial Activity - Chemical and Allied Products Manufacturing Facilities

1. Description of Industrial Activity

2. Limitations on Permit Coverage

3. Pollution Prevention Measures and Controls/Management of Runoff with Structural Controls

4. Numeric Effluent Limitations Based on Federal Effluent Limitations Guidelines - Applicable to Sector C facilities discharging stormwater from phosphate fertilizer manufacturing activities

5. Benchmark Monitoring Requirements

Section D. Sector D of Industrial Activity - Asphalt Paving and Roofing Materials and Lubricant Manufacturing Facilities

1. Description of Industrial Activity

2. Limitations on Permit Coverage

3. Pollution Prevention Measures and Controls

4. Numeric Effluent Limitations - Applicable to Sector D Facilities Discharging Stormwater from Asphalt Emulsion Manufacturing Production Areas

5. Benchmark Monitoring Requirements

Section E. Sector E of Industrial Activity - Glass, Clay, Cement Concrete, and Gypsum Product Manufacturing Facilities

1. Description of Industrial Activity

2. Non-Stormwater Discharges

3. Pollution Prevention Measures and Controls

4. Additional SWP3 Requirements

5. Numeric Effluent Limitations

6. Benchmark Monitoring Requirements

Section F. Sector F of Industrial Activity - Primary Metals Facilities

1. Description of Industrial Activity

2. Description of Potential Pollutants and Sources

3. Pollution Prevention Measures and Controls

4. Benchmark Monitoring Requirements

Section G. Sector G of Industrial Activity - Metal Mining (Ore Mining and Dressing)

1. Description of Industrial Activity

2. Covered Stormwater Discharges

3. Definitions

4. Limitations on Permit Coverage

5. Additional SWP3 Requirements

6. Benchmark Monitoring Requirements

7. Termination of Permit Coverage

Section H. Sector H of Industrial Activity - Coal Mines and Coal Mining Related Facilities 110

1. Description of Industrial Activity

2. Covered Stormwater Discharges

3. Definitions

4. Limitations on Permit Coverage

5. Additional SWP3 Requirements

6. Benchmark Monitoring Requirements

7. Inactive and Unstaffed Sites

8. Termination of Permit Coverage

Section I. Sector I of Industrial Activity - Oil and Gas Extraction Facilities

1. Description of Industrial Activity

2. Covered Stormwater Discharges

3. Limitations on Permit Coverage

4. Additional SWP3 Requirements

Section J. Sector J of Industrial Activity - Mineral Mining and Processing Facilities

1. Description of Industrial Activity

2. Covered Discharges

3. Definitions

4. Annual Comprehensive Site Compliance Evaluation

5. Limitations on Permit Coverage

6. Numeric Effluent Limitations

7. Benchmark Monitoring Requirements

8. Mining Related Non-Stormwater Discharges

9. Additional SWP3 Requirements

10. Inactive and Unstaffed Sites – Monitoring Waivers

11. Termination of Permit Coverage

Section K. Sector K of Industrial Activity - Hazardous Waste Treatment, Storage, and Disposal Facilities

1. Description of Industrial Activity

2. Covered Stormwater Discharges

3. Limitations on Permit Coverage

4. Definitions

5. Benchmark Monitoring Requirements

Section L. Sector L of Industrial Activity - Landfills and Land Application Sites

1. Description of Industrial Activity

2. Definitions

3. Covered Stormwater Discharges

4. Limitations on Permit Coverage

5. Additional SWP3 Requirements

6. Benchmark Monitoring Requirements

Section M. Sector M of Industrial Activity - Automobile Salvage Yards

1. Description of Industrial Activity

2. Additional SWP3 Requirements

3. Benchmark Monitoring Requirements

Section N. Sector N of Industrial Activity - Scrap and Waste Recycling Facilities

1. Description of Industrial Activity

2. Limitations on Permit Coverage

3. Additional SWP3 Requirements

4. Benchmark Monitoring Requirements

Section O. Sector O of Industrial Activity - Steam Electric Generating Facilities

1. Description of Industrial Activity

2. Covered Stormwater Discharges

3. Limitations on Permit Coverage

4. Additional SWP3 Requirements

5. Numeric Effluent Limitations - Applicable to Sector O Facilities Discharging Coal Pile Runoff

6. Benchmark Monitoring Requirements

Section P. Sector P of Industrial Activity - Land Transportation and Warehousing

1. Description of Industrial Activity

2. Covered Stormwater Discharges

3. Limitations on Coverage

4. Additional SWP3 Requirements

Section Q. Sector Q of Industrial Activity - Water Transportation Facilities

1. Description of Industrial Activity

2. Covered Stormwater Discharges

3. Limitations on Coverage

4. Allowable Non-Stormwater Discharges

5. Additional SWP3 Requirements

6. Benchmark Monitoring Requirements

Section R. Sector R of Industrial Activity - Ship and Boat Building or Repair Yards

1. Description of Industrial Activity

2. Limitations on Coverage

3. Allowable Non-Stormwater Discharge

4. Additional SWP3 Requirements

Section S. Sector S of Industrial Activity - Air Transportation Facilities

1. Description of Industrial Activity

2. Covered Stormwater Discharges

3. Definitions

4. Limitations on Permit Coverage

5. Additional SWP3 Requirements

6. Numeric Effluent Limitations – Applicable to Sector S Facilities Discharging Stormwater from Airport Deicing Activities

7. Benchmark Monitoring Requirements

Section T. Sector T of Industrial Activity - Treatment Works

1. Description of Industrial Activity

2. Covered Stormwater Discharges

3. Limitations on Permit Coverage

4. Additional SWP3 Requirements

5. Benchmark Monitoring Requirements

Section U. Sector U of Industrial Activity - Food and Kindred Products Facilities

1. Description of Industrial Activity

2. Limitations on Coverage

3. Additional SWP3 Requirements

4. Benchmark Monitoring Requirements

Section V. Sector V of Industrial Activity - Textile Mills, Apparel, and Other Fabric Product Manufacturing Facilities

1. Description of Industrial Activity

2. Limitations on Coverage

3. Additional SWP3 Requirements

Section W. Sector W of Industrial Activity - Wood and Metal Furniture and Fixture Manufacturing Facilities

4. Description of Industrial Activity

Section X. Sector X of Industrial Activity - Printing and Publishing Facilities

1. Description of Industrial Activity

2. Covered Stormwater Discharges

3. Additional SWP3 Requirements

Section Y. Sector Y of Industrial Activity - Rubber and Miscellaneous Plastic Products, and Miscellaneous Manufacturing Facilities

1. Description of Industrial Activity

2. Additional SWP3 Requirements

3. Benchmark Monitoring Requirements

Section Z. Sector Z of Industrial Activity - Leather Tanning and Finishing Facilities

1. Description of Industrial Activity

2. Additional SWP3 Requirements

Section AA. Sector AA of Industrial Activity - Fabricated Metal Products Facilities

1. Description of Industrial Activity

2. Pollution Prevention Measures and Controls

3. Benchmark Monitoring Requirements

Section AB. Sector AB of Industrial Activity - Transportation Equipment and Industrial or Commercial Machinery Manufacturing Facilities

1. Description of Industrial Activity

2. Additional SWP3 Requirements

Section AC. Sector AC of Industrial Activity – Electronic and Electrical Equipment/ Components, and Photographic/ Optical Goods Manufacturing Facilities

1. Description of Industrial Activity

Section AD Sector AD of Industrial Activity - Miscellaneous Industrial Activities

1. Description of Industrial Activity

2. Limitations on Permit Coverage

3. SWP3 and Other Requirements

4. Co-located Activities

5. Benchmark Monitoring Requirements

Multi Sector General Permit TPDES General Permit No.TXR050000 Part I

Part I. DEFINITIONS All definitions in the Texas Water Code (TWC) §26.001 and Title 30 Texas Administrative Code (TAC) Chapter 305 apply to this permit and are incorporated by reference. Some specific definitions of words or phrases used in this permit are as follows:

Arid Areas. Areas with an average annual rainfall of less than ten (10) inches.

Benchmark. A benchmark pollutant concentration is a guidance level indicator that helps determine the effectiveness of chosen best management practices (BMPs). This type of monitoring differs from “compliance monitoring” in that exceedances of the indicator or benchmark level are not permit violations, but rather indicators that can help identify problems at the site with exposed or unidentified pollutant sources; or control measures that are either not working correctly, whose effectiveness need to be re-considered, or who need to be supplemented with additional BMP(s).

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

Co-located Industrial Activities. Industrial activities conducted at a facility that are described by two or more SIC codes listed in this general permit.

Co-located Industrial Facilities. Industrial facilities, having different operators, that are located on a common property or adjoining property and that conduct industrial activities described by one or more sectors of this general permit.

Composite Sample. A sample made up of a minimum of three effluent portions collected in a continuous 24-hour period or during the period of daily discharge if less than 24 hours, combined in volumes proportional to flow, and collected at the intervals required by 30 TAC §319.9 (b).

Construction Activity. Includes soil disturbance activities, including clearing, grading, and excavating; and 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 right-of-ways, and similar maintenance activities). Regulated construction activity is defined in terms of small and large construction activity.

• Small Construction Activity is construction activity that results 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.

• Large Construction Activity is construction activity that results 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.

Control Measure. Any BMP, including structural and non-structural controls, or other method (including effluent limitations) used to prevent or reduce the discharge of pollutants to water in the state.

Daily Average Concentration. The arithmetic average of all effluent samples, composite or grab as required by this permit, within a period of one calendar month, consisting of at least four separate representative measurements. When four samples are not available in a calendar month, the arithmetic average (weighted by flow) of all values taken during the month must be used as the daily average concentration.

Daily Maximum Concentration. The maximum concentration measured on a single day, as determined by laboratory analysis of a grab sample or a composite sample.

Diffuse Point Source. A conveyance from which pollutants are or may be discharged that results from grading land for the purpose of adding parking lots, roads, and buildings so as to collect and convey stormwater off-site to prevent flooding (i.e. without a single point of origin or not introduced into a receiving stream from a specific outlet). Diffuse point sources include any identifiable conveyance from which pollutants might enter surface water in the state. By changing the surface or establishing grading patterns of the land, runoff is conveyed along the resulting drainage or grading patterns. A diffuse point source is not true sheet flow.

Discharge. For the purpose of this permit, the drainage, release, or disposal of stormwater associated with industrial activity and certain allowable non-stormwater sources listed in this general permit to surface water in the state.

Drought. For the purpose of this permit, an extended period of no precipitation in which a stormwater discharge does not occur during a monitoring or reporting period.

Edwards Aquifer. As defined under 30 TAC §213.3 (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 TCEQ and the appropriate underground water conservation district.

Existing Discharge. For the purpose of this permit, this term applies to the discharge of stormwater associated with industrial activity and certain allowable non-stormwater sources listed in this general permit that has been authorized previously under an National Pollutant Discharge Elimination System (NPDES) or Texas Pollutant Discharge Elimination Suystem (TPDES) general or individual permit.

Facility. For the purpose of this permit, all contiguous land and fixtures (including ponds and lagoons), structures, or appurtenances used at an industrial facility described by one or more of Sectors A through AD of this general permit.

Grab Sample. An individual sample collected in less than 15 minutes.

General Permit. A permit issued to authorize the discharge of waste into or adjacent to water in the state for one or more categories of waste discharge within a geographical area of the state or the entire state as provided by TWC §26.040.

Hyperchlorinated Water. Water resulting from hyperchlorination of waterlines or vessels, with a chlorine concentration greater than 10 milligrams per liter (mg/l).

Hyperchlorination of Waterlines or Vessels. 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. For the purposes of this permit, water bodies identified as impaired on the latest approved CWA Section 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) as not meeting applicable state water quality standards.

Inactive Industrial Facilities. A facility where all industrial activities that are described in Part II, Section A.1.of this permit are suspended, and authorization under this general permit is required to be maintained. Also see sector-specific definitions for Inactive facilities in Part V, Sections G, H, J, and L of this general permit.

Industrial Activity. Any of the ten (10) categories of industrial activities included in the definition of “stormwater discharges associated with industrial activity” as defined in 40 Code of Federal Regulations (CFR) §122.26(b)(14)(i)-(ix) and (xi).

Infeasible. For the purpose of this permit, infeasible means not technologically possible or not economically practicable and achievable in light of best industry practices. The TCEQ notes that it does not intend for any MSGP permit requirement to conflict with state water right laws.

Inland Waters. All surface water in the state other than those defined as tidal waters.

Municipal Separate Storm Sewer System (MS4). A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

(a) owned or operated by the United States , a state, city, town, borough, county, parish, 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 district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under CWA §208 that discharges to surface water in the state;

(b) that is designed or used for collecting or conveying stormwater;

(c) that is not a combined sewer; and

(d) that is not part of a publicly owned treatment works (POTW) as defined in 40 CFR §122.2.

National Pollutant Discharge Elimination System (NPDES) (from 40 CFR §122.2). The national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA §§307, 402, 318, and 405. The term includes an "approved program."

New Discharge. For the purpose of this permit, this term applies to the discharge of stormwater associated with industrial activity that did not commence prior to August 13, 1979, that is not a new source, and that has never received an NPDES or TPDES water quality permit for the stormwater discharge from the site. See 40 CFR §122.2.

Non-structural Controls. Pollution prevention methods that are not physically constructed, including BMPs used to prevent or reduce the discharge of pollutants.

No Exposure. A condition at an industrial facility where all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product.

No Exposure Certification (NEC). A written submission to the executive director from an applicant notifying that they intend to obtain a conditional exclusion from permit requirements by certifying that there is no exposure of industrial materials or activities to rain, snow, snowmelt, or stormwater runoff.

Notice of Change (NOC). Written notification from the permittee to the executive director providing changes to information that was previously provided to the agency in a notice of intent or no exposure certification (NEC) 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 a general permit requesting termination of coverage.

Operator. A person responsible for the management of an industrial facility subject to the provisions of this general permit. Industrial facility operators include entities with operational control over industrial activities, including the ability to modify those activities; or entities with day-to-day operational control of activities at a facility necessary to ensure compliance with the permit (e.g., the entity is authorized to direct workers at a facility to carry out activities required by the permit).

Outfall. For the purpose of this permit, a point source at the point where stormwater runoff associated with industrial activity, and certain non-stormwater discharges listed in this permit, exits the facility and discharge(s) to surface water in the state or a municipal or private separate storm sewer system. An outfall from a diffuse point source includes the point or points where the diffuse point source discharges to surface water in the state or a municipal or private separate storm sewer system.

Permittee. An operator authorized under this general permit to discharge stormwater runoff associated with industrial activity and certain non-stormwater discharges to surface water in the state.

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. For the purpose of this permit, a point source includes any identifiable conveyance from which pollutants might enter surface water in the state, including a diffuse point source as defined in this section.

Pollutant. (from TWC §26.001(13)) 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 water in the state. The term:

(A) includes: (i) tail water or runoff water from irrigation associated with an animal feeding operation or concentrated animal feeding operation that is located in a major sole source impairment zone as defined by TWC §26.502; or (ii) rainwater runoff from the confinement area of an animal feeding operation or concentrated animal feeding operation that is located in a major sole source impairment zone, as defined by TWC §26.502; and (B) does not include tail water or runoff water from irrigation or rainwater runoff from other cultivated or uncultivated rangeland, pastureland, and farmland or rainwater runoff from an area of land located in a major sole source impairment zone, as defined by TWC §26.502, that is not owned or controlled by an operator of an animal feeding operation or concentrated animal feeding operation on which agricultural waste is applied.

Pollutant(s) of Concern (POC). For the purpose of this permit, a pollutant of concern (POC) includes biochemical oxygen demand (BOD), sediment, or a parameter that addresses sediment (such as total suspended solids (TSS), turbidity, or siltation), pathogens, oil and grease, and any pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from an MS4 (See 40 CFR § 122.32(e)(3)).

Qualified Personnel. A person or persons who are knowledgeable of the requirements of this general permit, familiar with the industrial facility, knowledgeable of the stormwater pollution prevention plan (SWP3) at the industrial facility, able to assess conditions and activities that could impact stormwater quality at the facility, and able to evaluate the effectiveness of control measures.

Reportable Quantity Spill or Release. A discharge or spill of oil, petroleum product, used oil, industrial solid waste, hazardous substances including mixtures, streams, or solutions, or other substances into the environment in a quantity equal to or greater than the reportable quantity listed in 30 TAC §327.4 (relating to Reportable Quantities) in any 24-hour period and subject to 30 TAC §327.3 (relating to Notification Requirements).

Semiarid Areas. Areas with an average annual rainfall of at least ten (10) inches but less than 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).

Sheet Flow. An overland flow or downslope movement of water taking the form of a thin, continuous film over relatively smooth soil or rock surfaces that have not been changed or graded, where there are no defined channels, and the flood water spreads out over a large area at a uniform depth. This definition does not include changing the surface of land or establishing grading patterns on land where a facility described in this permit is located, which would result in a point source as defined in this permit.

Significant Materials. Including, but not limited to: raw materials; fuels; materials (e.g., solvents, detergents, and plastic pellets); final products that are not designed for outdoor use;

raw materials that are used for food processing or production; hazardous substances designated under CERCLA §101(14) of; any chemical the operator is required to report pursuant to Emergency Planning & Community Right-To-Know Act (EPCRA) §313, also known as Title III of Superfund Amendments and Reauthorization Act (SARA); fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges.

Standard Industrial Classification (SIC) Code. A four (4) digit code created by the U.S.

Office of Management & Budget for statistical classification purposes that describes an industrial activity that takes place at a facility or site. It is possible for a facility or site to have multiple SIC codes depending on the varying activities that take place.

• Primary SIC Code - (also known as “Site SIC Code” or “Facility SIC Code”). For the purpose of this permit, an SIC code that describes the principal product or group of products produced or distributed at a facility, or that describes services rendered. The primary SIC code may be determined based on the value of receipts or revenues or, if such information is not available for a particular facility, the number of employees or production rate for each process may be compared. The operation that generates the most revenue or employs the most personnel is the operation in which the facility is primarily engaged. In situations where the vast majority of on-site activity falls within one SIC code, that activity may be the primary SIC code.

• Secondary SIC Code. For the purpose of this permit an SIC code that describes an industrial activity that is performed at a regulated facility or site that is in addition to the primary SIC code. Determining the secondary industrial activity that occurs at a facility or site is accomplished by using the same criteria as determining the primary industrial activity at the facility (e.g., production value, receipts, employment).

Storm Resistant Shelter. A building or structure that is completely roofed and walled, or a structure with only a top cover but no side coverings, provided that any material or industrial activity located under or within the structure is not subject to any run-on and subsequent runoff of stormwater, or mobilization by wind.

Stormwater and Stormwater Runoff. Rainfall runoff, snowmelt runoff, and surface runoff and drainage.

Stormwater Discharge Associated with Industrial Activity. The discharge from any conveyance that is used for collecting and conveying stormwater and that is directly related to manufacturing, processing or raw materials storage areas at an industrial facility. For the purpose of this general permit, the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling areas; refuse/waste disposal areas; sites used for the application or disposal of process waste waters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms), intermediate products, and final products; similar areas where stormwater can contact pollutants related to industrial activity; and areas where industrial activity have taken place in the past and significant materials remain and are exposed to stormwater. For the purposes of this definition, materials handling areas include storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, by-product or waste product. The term excludes areas located at industrial sites that are separate from the facility’s industrial activities, such as office buildings and accompanying parking lots, as long as the drainage from the excluded areas is not mixed with stormwater drained from areas of a facility that are covered by this general permit. This term includes discharges from facilities described under this general permit that are operated by federal, state, or municipal entities. For the complete regulatory definition, including the categories of industrial activity, see 40 CFR §122.26(b)(14).

Structural Controls. Physical or constructed features, such as silt fencing, sediment traps, and detention/retention ponds that prevent or reduce the discharge of pollutants.

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 nonnavigable, 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 that are authorized by state or federal law, regulation, or permit, and that are created for the purpose of waste treatment are not considered to be water in the state.

Texas Pollutant Discharge Elimination System (TPDES). The state program for issuing, amending, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements, under the CWA §§ 307, 402, 318 and 405, TWC, and TAC regulations.

Tidal Waters. Those waters of the Gulf of Mexico within the jurisdiction of the State of Texas, bays and estuaries, and those portions of rivers and streams that are subject to the ebb and flow of the tides and that are subject to the intrusion of marine waters.

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.

Waters of the United States (from 40 CFR §122.2). Waters of the United States or waters of the U.S. means:

(a) all waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that 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) that 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) that 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 U.S. 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 the CWA (other than cooling ponds as defined in 40 CFR §423.11(m) that also meet the criteria of this definition) are not waters of the U.S. This exclusion applies only to manmade bodies of water that 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. [See Note 1 of this section.] 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.

Multi Sector General Permit TPDES General Permit No.TXR050000 Part II Section A

Part II. PERMIT APPLICABILITY AND COVERAGE This general permit provides authorization for point source discharges of stormwater associated with industrial activity and certain non-stormwater discharges to surface water in the state (including direct discharges to surface water in the state and discharges to municipal separate storm sewer systems, or MS4s). The permit contains effluent limitations and requirements applicable to all industrial activities that are eligible for coverage under this general permit.

Industrial activities are subdivided into 30 industrial sectors.

This permit does not cover return flows from irrigated agriculture or agricultural runoff.

Section A. Discharges Eligible for Authorization by General Permit

1. Industrial Activities Covered

(a) Need for a Permit. If any of the following criteria are met, a facility must have authorization for stormwater discharges and may obtain authorization under this general permit, if coverage is not otherwise prohibited:

(1) The Standard Industrial Classification (SIC) code that describes the facility (i.e., the primary SIC code) is listed in Part II, Section A.1.b. below and in Part V of this general permit; or

(2) The facility conducts an activity described by one or more Industrial Activity Codes described in Sectors K, L, O, or T (as listed in Part II, Section A.1.b. below and in Part V., Sections K, L, O, and T of this general permit); or

(3) Stormwater discharges from the facility are subject to federal categorical effluent limitations for stormwater in Title 40 CFR Subchapter N Parts 400-471 (See Sectors A, C, D, E, I, J, O, and S in Part V of this general permit), or

(4) The facility has been designated by the executive director as requiring coverage under Sector AD.

The requirements for publicly-owned facilities are further described below in Part II, Section A.5. of this general permit.

(b) Regulated SIC Codes and Industrial Activity Codes (Industrial Sectors)

Industrial activities are grouped into 30 sectors of similar activities based on either SIC codes or Industrial Activity Codes. These sectors are further divided into sub-sectors and further defined by SIC codes in Part V of this general permit.

SECTOR A: TIMBER PRODUCTS

SIC Code Description of the Industrial Activity

2411 Logging

2421 Sawmills and Planning Mills, General

2426 Hardwood Dimension and Flooring Mills

2429 Special Product Sawmills, Not Elsewhere Classified

2431 Millwork, Veneer, Plywood, And Structural Wood

2435 Hardwood Veneer and Plywood

2436 Softwood Veneer and Plywood

2439 Structural Wood Members, Not Elsewhere Classified

2441 Nailed and Lock Corner Wood Boxes and Shook

2448 Wood Pallets and Skids

2449 Wood Containers, Not Elsewhere Classified

2451 Mobile Homes

2452 Prefabricated Wood Buildings and Components

2491 Wood Preserving

2493 Reconstituted Wood Products

2499 Wood Products, Not Elsewhere Classified

SECTOR B: PAPER AND ALLIED PRODUCTS

2611 Pulp Mills

2621 Paper Mills

2631 Paperboard Mills

2652 Setup Paperboard Boxes

2653 Corrugated and Solid Fiber Boxes

2655 Fiber Cans, Tubes, Drums, and Similar Products

2656 Sanitary Food Containers, Except Folding sanitary cartons

2657 Folding Paperboard Boxes, Including Sanitary folding cartons

2671 Packaging Paper and Plastics Film, Coated and Laminated

2672 Coated and Laminated Paper, Not Elsewhere Classified

2673 Plastics, Foil, and Coated Paper Bags

2674 Uncoated Paper and Multiwall Bags

2675 Die-Cut Paper and Paperboard and Cardboard

2676 Sanitary Paper Products

2677 Envelopes

2678 Stationery, Tablets, and Related Products

2679 Converted Paper and Paperboard Products, Not Elsewhere Classified

SECTOR C: CHEMICAL AND ALLIED PRODUCTS

2812 Industrial Inorganic Chemicals Alkalies and Chlorine

2813 Industrial Inorganic Chemicals Industrial Gases

2816 Inorganic Pigments

2819 Industrial Inorganic Chemicals, Not Elsewhere Classified

2821 Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers

2822 Synthetic Rubber (Vulcanizable Elastomers)

2823 Cellulosic Manmade Fibers

2824 Manmade Organic Fibers, Except Cellulosic

2833 Medicinal Chemicals and Botanical Products

2834 Pharmaceutical Preparations

2835 In Vitro and In Vivo Diagnostic Substances

2836 Biological Products, Except Diagnostic Substances

2841 Soap & Other Detergents, Except Specialty Cleaners

2842 Specialty Cleaning, Polishing, and Sanitation Preparations

2843 Surface Active Agents, Finishing Agents, Sulfonated Oils, and Assistants

2844 Perfumes, Cosmetics, and Other Toilet Preparations

2851 Paints, Varnishes, Lacquers, Enamels, and Allied Products

2861 Gum and Wood Chemicals

2865 Cyclic Organic Crudes and Intermediates, and Organic Dyes and Pigments

2869 Industrial Organic Chemicals, Not Elsewhere Classified

2873 Nitrogenous Fertilizers

2874 Phosphatic Fertilizers

2875 Fertilizers, Mixing Only Compost Fertilizers, mixed: made in plants not manufacturing fertilizer Potting soil, mixed

2879 Pesticides and Agricultural Chemicals, Not Elsewhere Classified

2891 Adhesives and Sealants

2892 Explosives

2893 Printing Ink

2895 Carbon Black

2899 Chemicals and Chemical Preparations, Not Elsewhere Classified

2911 Petroleum Refineries

3952 (Limited to List)-Inks and Paints, including: China Painting Enamels, India Ink, Drawing Ink, Platinum Paints for Burnt Wood or Leather Work, Paints for China Painting; Artist’s Paints, and Artist’s Watercolors

SECTOR D: ASPHALT PAVING AND ROOFING MATERIALS AND

LUBRICANTS

SIC Code Description of the Industrial Activity

2951 Asphalt Paving Mixtures and Blocks

2952 Asphalt Felts and Coatings

2992 Lubricating Oils and Greases

2999 Products of Petroleum and Coal, Not Elsewhere Classified

SECTOR E: GLASS, CLAY, CEMENT, CONCRETE, AND GYPSUM PRODUCTS

3211 Flat Glass

3221 Glass Containers for commercial packing and bottling, and for home canning

3229 Pressed and Blown Glass and Glassware, Not Elsewhere Classified

3231 Glass Products, Made of Purchased Glass

3241 Cement, Hydraulic

3251 Brick and Structural Clay Tile

3253 Ceramic Wall and Floor Tile

3255 Clay Refractories

3259 Structural Clay Products, Not Elsewhere Classified

3261 Vitreous China Plumbing Fixtures and China and Earthenware Fittings and Bathroom Accessories

3262 Vitreous China Table and Kitchen Articles

3263 Fine Earthenware (Whiteware) Table and Kitchen Articles

3264 Porcelain Electrical Supplies

3269 Pottery Products, Not Elsewhere Classified

3271 Concrete Block and Brick

3272 Concrete Products, Except Block and Brick

3273 Ready-Mixed Concrete

3274 Lime

3275 Gypsum Products

3281 Cut Stone and Stone Products

3291 Abrasive Products

3292 Asbestos Products

3295 Minerals and Earths, Ground or Otherwise Treated

3296 Mineral Wool

3297 Nonclay Refractories

3299 Nonmetallic Mineral Products, Not Elsewhere Classified

SECTOR F: PRIMARY METALS

3312 Steel Works, Blast Furnaces (Including Coke Ovens), and Rolling Mills

3313 Electrometallurgical Products, Except Steel

3315 Steel Wiredrawing and Steel Nails and Spikes

3316 Cold-Rolled Steel Sheet, Strip, and Bars

3317 Steel Pipe and Tubes

3321 Gray and Ductile Iron Foundries

3322 Malleable Iron Foundries

3324 Steel Investment Foundries

3325 Steel Foundries, Not Elsewhere Classified

3331 Primary Smelting and Refining of Copper

3334 Primary Production of Aluminum

3339 Primary Smelting and Refining of Nonferrous Metals, Except Copper and Aluminum

3341 Secondary Smelting and Refining of Nonferrous Metals

3351 Rolling, Drawing, and Extruding Of Copper

3353 Aluminum Sheet, Plate, and Foil

3354 Aluminum Extruded Products

3355 Aluminum Rolling and Drawing, Not Elsewhere Classified

3356 Rolling, Drawing, and Extruding of Nonferrous Metals, Except Copper and Aluminum

3357 Drawing and Insulating of Nonferrous Wire

3363 Aluminum Die-Castings

3364 Nonferrous Die-Castings, Except Aluminum

3365 Aluminum Foundries

3366 Copper Foundries

3369 Nonferrous Foundries, Except Aluminum and Copper

3398 Metal Heat Treating

3399 Primary Metal Products, Not Elsewhere Classified

SECTOR G: METAL MINING (ORE MINING AND DRESSING)

1011 Iron Ores

1021 Copper Ores

1031 Lead and Zinc Ores

1041 Gold Ores

1044 Silver Ores

1061 Ferroalloy Ores, Except Vanadium

1081 Metal Mining Services

1094 Uranium-Radium-Vanadium Ores

1099 Miscellaneous Metal Ores, Not Elsewhere Classified

SECTOR H: COAL MINES AND COAL MINING RELATED FACILITIES

1221 Bituminous Coal and Lignite Surface Mining http://www.osha.gov/pls/imis/sic_manual.display?id=374&tab=description

1222 Bituminous Coal Underground Mining

1231 Anthracite Mining

1241 Coal Mining Services

SECTOR I: OIL AND GAS EXTRACTION FACILITIES

Industrial Activities Regulated under the EPA Region 6 NPDES Program:

1311 Crude Petroleum and Natural Gas

1321 Natural Gas Liquids

1381 Drilling Oil and Gas Wells

1382 Oil and Gas Field Exploration Services

1389 Oil and Gas Field Services, Not Elsewhere Classified (Applies to activities that occur in the field; (other than oil field service company “home base” facilities).

Industrial Activities Regulated under this General Permit:

1389 Oil and Gas Field Services, (applies to activities that do not occur in the field); Not Elsewhere Classified, that occur at a company headquarters, permanent offices, or base of operations, or at oil field service company “home base” facilities).

SECTOR J: MINERAL MINING AND PROCESSING FACILITIES

1411 Dimension Stone

1422 Crushed and Broken Limestone

1423 Crushed and Broken Granite

1429 Crushed and Broken Stone, Not Elsewhere Classified

1442 Construction Sand and Gravel

1446 Industrial Sand

1455 Kaolin and Ball Clay

1459 Clay, Ceramic, and Refractory Minerals, Not Elsewhere Classified

1474 Potash, Soda, and Borate Minerals

1475 Phosphate Rock

1479 Chemical and Fertilizer Mineral Mining, Not Elsewhere Classified http://www.osha.gov/pls/imis/sic_manual.display?id=391&tab=description

1481 Nonmetallic Minerals Services, Except Fuels

1499 Miscellaneous Nonmetallic Minerals, Except Fuels

SECTOR K: HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL

FACILITIES

Activity Code

Description of the Industrial Activity

HZ HZ Hazardous Waste Treatment, Storage, and Disposal Facilities

SECTOR L: LANDFILLS AND LAND APPLICATION SITES

Activity Code

Description of the Industrial Activity

LF Landfills, Land Application Sites, and Open Dumps that Receive or Have Previously Received Industrial Waste. under subtitle C of RCRA & including those that are subject to regulation under subtitle D of RCRA

SECTOR M: AUTOMOBILE SALVAGE YARDS

5015 Automobile Salvage Yards

SECTOR N: SCRAP AND WASTE RECYCLING FACILITIES

5093 Scrap and Waste Recycling Facilities (e.g., metals, paper, plastic, cardboard, glass, animal hides, used oil, antifreeze, mineral spirits, industrial solvents, computers, electronics, and other materials listed in the SIC Code Manual

SECTOR O: STEAM ELECTRIC GENERATING FACILITIES

Code

SE Steam Electric Power Generating Facilities

SECTOR P: LAND TRANSPORTATION AND WAREHOUSING

4011 Railroads, Line-Haul Operating

4013 Railroad Switching and Terminal Establishments

4111 Local and Suburban Transit

4119 Local Passenger Transportation, Not Elsewhere Classified

4121 Taxicabs

4131 Intercity and Rural Bus Transportation

4141 Bus charter service, local

4142 Bus Charter Service, Except Local

4151 School Buses

4173 Terminal and Service Facilities for Motor Vehicle Passenger Transportation

4212 Local Trucking Without Storage

4213 Trucking, Except Local

4214 Local Trucking With Storage

4215 Courier Services, Except by Air

4221 Farm Product Warehousing and Storage

4222 Refrigerated Warehousing and Storage

4225 General Warehousing and Storage

4226 Special Warehousing and Storage, Not Elsewhere Classified

4231 Terminal and Joint Terminal Maintenance Facilities for Motor Freight Transportation

4311 United States Postal Service

5171 Petroleum Bulk stations and Terminals primarily engaged in the wholesale distribution of crude petroleum and petroleum products, including liquefied petroleum gas, from bulk liquid storage facilities

SECTOR Q: WATER TRANSPORTATION

4412 Deep Sea Foreign Transportation of Freight

4424 Deep Sea Domestic Transportation of Freight

4449 Water Transportation of Freight, Not Elsewhere Classified

4481 Deep Sea Transportation of Passengers, Except by Ferry http://www.osha.gov/pls/imis/sic_manual.display?id=906&tab=description

4482 Ferries

4489 Water Transportation of Passengers, Not Elsewhere Classified

4491 Marine Cargo Handling

4492 Towing and Tugboat Services

4493 Marinas

4499 Water Transportation Services, Not Elsewhere Classified

SECTOR R:…