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Home My WebLink AboutResolution No. 2014-13 RESOLUTION NO. R2014-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT A NOTICE OF INTENT AND A STORM WATER MANAGEMENT PLAN, AND TO TAKE ANY OTHER ACTION NECESSARY TO COMPLY WITH THE REQUIREMENTS OF TPDES GENERAL PERMITS TX TXR040000 AND TXR150000. WHEREAS, TPDES General Permit No. TXR040000 was issued December 13, 2013, and TXR150000 was issued on February 19, 2013, and such general permit authorizes the discharge of storm water to surface water in the State of Texas from small municipal separate storm sewer systems; and WHEREAS, small municipal separate storm sewer system operators that choose to obtain authorization under this general permit must submit a completed notice of intent form, an updated storm water management plan to the Texas Commission on Environmental Quality on or before June 20,:2014; and WHEREAS, the City is required to develop a comprehensive and coordinated strategy for managing storm water pollution controls within the City and for complying with the requirements of the TPDES General Permit Nos. TXR040000 and TXR150000; and WHEREAS, the City of Friendswood desires to obtain authorization under the general permit and to make the necessary submissions to the Texas Commission of Environmental Quality; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. The facts and recitals set forth in the preamble of this Resolution are incorporated herein for all purposes and are found by the City Council of the City of Friendswood, Texas to be true and correct. Section 2. The City Manager is hereby authorized pursuant to 30 Texas Administrative Code 305.44 to execute and submit a Notice of Intent and a Storm Water Management Plan to the Texas Commission on Environmental Quality and is hereby authorized to take any and all other actions necessary to comply with the requirements of TPDES Permit No. TXR040000. PASSED,APPROVED, AND RESOLVED this 2nd day of June 2014. ( �'1 Kevin ICI Holland Mayor \� ATTEST: ••. ° M4,4-. ®F '^° e Melinda Welsh, TRMC City Secretary N ° ° � ° o°� •co 0 °TFOF T cy'P°. R2014-13 2 R2014-13 Exhibit A STORM WATER MANAGEMENT PROGRAM (SWMP) Phase II Storm Water Permit For Small Municipal Separate Storm Sewer System (MS4) Permit Number: TPDES No. TXR040000 SCL Project No. 080-035 Prepared for: The City of Friendswood 910 South Friendswood Drive Friendswood, Texas 77546 �gNDSyy� S ..TEXAS-; Prepared by: SCL Engineering 11821 East Freeway, Suite 400 Houston, Texas 77029 July 2003 Revised by. The City of Friendswood Community Development&Public Works Departments Revised January 2008 Revised June 2014 Storm Water Management Proffam TABLE OF CONTENTS INTRODUCTION............................................................................................................................1 STORM WATER MANAGEMENT PROGRAM.......................................................................2 PUBLIC EDUCATION, OUTREACHANDINVOLHUIENT............................................................2 Introduction and Regulatory Requirements................................................................2 Best Management Practices and Measurable Goals.....................................................2 StormWater Website............................................................................................3 Post Storm Water Message on Websne....................................................................3 Educational Pamphlets........................................................................................3 Employee and ContractorOutreach...........................................................................4 Brochures for Nonresidential Facilities....................................................................4 Brochures for Construction Personnel.....................................................................4 PublicInvolvement.....................................................................................................4 Introduction and Regulatory Requirements.............................................4 Advisory Committee.......................................................................5 Participate in Public Education Outreach Event...........................................5 Provide Volunteer Opportunities..........................................................5 ILLICIT DISCHARGE DETECTION AND ELIMINATION..................................................6 Introduction and Regulatory Requirements................................................................6 Best Management Practices and Measurable Goals.....................................................7 Storm Water System Map......................................................................................7 Ordinance for Illicit Discharge Detection and Elimination..........................................8 Illicit Discharge Detection Plan.............................................................................8 Inspection Program for Regulated Businesses...........................................................9 Provide Information to Regulated Businesses...........................................................9 CONSTR UCTION SITE STORMWA TER RUNOFF CONTROL ..........................................9 Introduction and Regulatory Requirements.................................................................9 Best Management Practices and Measurable Goals...................................................10 Ordinance for Erosion and Sediment Controls.........................................................10 Provide Information for Construction Site Storm Water Controls................................11 Reporting mechanism for Construction Site Problems...............................................1 I Construction Site Inspection Program...................................................................I I ENGINEERING i SWMP—City ofFriendswood Storm Water Management Program TABLE OF CONTENTS (continued) POST-CONSTRUCTIONSTORMWATER MANAGEMENT INNEW DEVELOPMENT AND REDEVELOPMENT.........................................................................................12 Introduction and Regulatory Requirements..............................................................13 Best Management Practices and Measurable Goals...................................................13 Integrate Post-Constriction Requirements into Ordinance Criteria.............................13 Integrate Post-Construction into Site Plan Review and Inspection Program.....................13 POLL UTION PREVENTION AND/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS.......................................................................................................................13 Introduction and Regulatory Requirements..............................................................13 Best Management Practices and Measurable Goals....................................................15 Provide Twining at City Maintenance Facility.......................................................15 Evaluate City Maintenance Facility......................................................................15 IMPLEMENTATION SCHED ULE..................................................................... NOTICE OF INTENT.................................................................................. TPDES GENERAL PERMIT.......................................................................... CONCLUSIONS............................................................................................................................17 "SCL ENGINEERING 2 SWMP—City ofFriendswood Storm Water Management Program LIST OF APPENDICES Appendix 1 — Public Education, Outreach and Involvement Appendix 2 — Illicit Discharge Detection and Elimination Appendix 3 — Construction Site Stormwater Runoff Control Appendix 4 — Post-Construction Stormwater Management in New Development and Redevelopment Appendix 5 — Pollution Prevention and Good Housekeeping for Municipal Operations Appendix 6 — Implementation Schedule Appendix 7 — Notice of Intent(NOI) Appendix 8 — TPDES General Permit ENGINEERING 3 SWMP—City ofFriendswood Storm Water Management Program INTRODUCTION This Storm Water Management Program was developed by SCL Engineering and later revised by the City of Friendswood, in order to comply with the Texas Commission on Enviromnental Quality (TCEQ) Phase II requirements. The TCEQ's storm water program is divided into two phases. The first phase addressed storm water runoff from municipal separate storm sewer systems (MS4s) with a population of 100,000 or more. The second phase of the storm water program addressed storm water runoff from systems serving populations of less than 100,000. The Phase II areas are classified as: urbanized areas, as determined by the 2000 or the 2010 Decennial Census. The City of Friendswood is classified as a Small Municipal Storm Sewer System(MS4) qualifying it for the Phase 1I requirements. The requirements for an operator of a small MS4 are to design a program to:reduce the discharge of pollutants to the"maximum extent practicable"(MEP), assess the progress in controlling pollutants,protect the water quality, effectively prohibit illicit discharges to the system, and to satisfy the appropriate water quality requirements of the Clean Water Act(CWA). To achieve the MEP of reduction in pollutants, best management practices (BMPs) are developed to satisfy the five minimum control measures. With the implementation of the minimum controls, significant reductions in the pollutants discharged from the City of Friendswood should be achieved. The five minimum controls are: I. Public Education, Outreach and Involvement 2. Illicit Discharge Detection and Elimination 3. Construction Site Stormwater Runoff Control 4. Post-Construction Stormwater Management in New Development and Redevelopment 5. Pollution Prevention/Good Housekeeping "SCL ENGINEERING I S WMP—City of Friendswood Storm Water Manauement Program PUBLIC EDUCATION. 0UTREACHAND INVOLVEMENT Introduction and Regulatory Requirements A public education program shall distribute educational materials to the cormnunity or conduct equivalent outreach activities that will be used to inform the following groups within the City: Residents; Visitors; Public employees; Businesses; Commercial and industrial facilities; and Construction site personnel. The outreach must inform the public about the impacts polluted storm water discharges can have on local waterways, hazards associated with illegal discharges and improper disposal of waste, and ways they can minimize their impact on storm water quality. The City must ensure that a reasonable attempt was made to reach all constituents within the City to meet this measure. Also in accordance with 40 CFR 122.34 (b)(I), Implement a public education program to distribute educational materials to the community of contact, equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps the public can take to reduce pollutants in storm water runoff. Best Management Practices and Measurable Goals The table below presents the various best management practices adopted by the City of Friendswood for implementation within the storm water management plan for the City. The table includes practices along with a time line for which the City intends to proceed or implement with each practice. Each practice is described in detail in paragraphs within this program immediately after the table. ENGINEERING 2 SWMP—City of Friendswood Storm Water Management Program Education Personnel Develop Im lementation BMP Measurable Goals 2014 1 2015 2016 2017 2018 Update City's Website with Update website Annually Annually Twice general storm water }early' information. Post storm water messages Post 1 storm water quality Annually Annually 'Twice on City's Web page message Xeedy Educational Pamphlets Distribute pamphlets at City 50 50 75 '10,0, Hall,library and other public buildings Employee and Contractor Develop outreach program Outreach Presentation to employees and Qtly Muddy contractors Brochures for Develop brochure X Nonresidential Facilities Distribute Brochure during Twice Yearly Twice Yearly Qdy Muddy, inspections Brochure for Construction Develop brochure x Personnel Distribute daring permit process One/per One/per One/per ;7C Storm Water Website The City of Friendswood will include a section about storm water on its' website. The City of Friendswood's current website is www.frieiidswood.com. The website will be updated to include pertinent and seasonal storm water issues. The topics may include, but not limited to; lawn care, storm drains and ditches, septic systems, used oil disposal, native plants, saving water, and household hazardous waste. The website will also provide links to other websites that can further educate the public. An electronic mail link will be provided to the Community Development Department Storm Water Coordinator for residents to express concerns. Post Storm Water Message on Website The City of Friendswood will update the website to include at the minimum annually one posting of general Storm Water Quality information as well as topics of interest to the general public on a quarterly practice by reporting year 2018. Educational Pamphlets The City of Friendswood will revise existing pamphlets and distribute them at Y City Hall, the public library and other public buildings. L ENGINEERING 3 S WMP—City of Friendswood Storm Water Management Program Employee and Contractor Outreach The City will develop an employee and contractor outreach program discussing storm water quality issues at development review meetings. The outreach program will be in the form of a Video presentation. Annually, the City will present the employee outreach program to the various city departments. Brochures for Nonresidential Facilities The City will develop a brochure informing businesses, nonresidential facilities about the potential impact polluted storm water run-off can have on water quality, hazards associated with illegal discharges, and the ways they can minimize their impacts on storm water quality. The City will also develop a priority list of businesses that may impact water quality as a result of the services they provide. The City will distribute this brochure during inspections of regulated facilities. The brochure will also be available at City Hall. Brochures for Construction Personnel The City will develop an informational brochure for distribution during the permitting process. The brochure will inform the construction industry about the impacts that polluted storm water can have on water quality, hazards associated with illegal discharges and ways they can minimize their impact. Public Involvement The goals of the public involvement activities are as follows: Raise public awareness about storm water runoff • Provide opportunities for the public to participate in the implementation of the SWMP • Develop public support for the SWMP In accordance with 40 CFR 122.34 (b) (2), at a minimum, comply with state, tribal, and local public notice requirements when implementing a public involvement/participation program. EPA recommends that the public be included in developing, implementing, and reviewing your storm water management program and that the public participation process should make efforts to reach out and engage all economic and ethnic groups. ENGINEERING 4 SWMP—City of Friendswood Storm Water Management Program The effectiveness of this MCM will be evaluated by the completion of each of the measurable goals identified for the BMPs selected. Best Management Practices and Measurable Goals 2014 2015 2016 2017 2018 BMP Measurable Goals Advisory Coannittee(Citizen Fonn Advisory Couuiilttee(Citizen Panel) Panel) Update Co rruittee on Annually „Biannually..;. implementation of SWMP Participate in public outreach Participate in one(1)public Biannually Biannually Quarterly Quarterly event outreach event i.e.Earth Day Provide Volunteer Identify Volunteers Biannually Biannually Biannually Quarterly Opportunities Provide support materials Biannually Biannually Biannually Quarterly Advisory Committee The City will form an Advisory Committee as part of this Storm Water Management Program. The Committee will represent different segments of the community that will be affected by the City of Friendswood's Stolen Water Management Program (SWMP) implementation. The committee will review plans to form the storm water utility and offer recommendations to facilitate implementation. They will be updated annually regarding the ongoing program implementation. Participate in Public Outreach Event The City will participate in at least four public outreach events in years four and five. Provide Volunteer Opportunities The City will identify suitable opportunities for volunteers to participate in storm water quality activities and will develop support materials and provide them to interested parties. These volunteer opportunities may include such things as storm drain stenciling, volunteer monitoring, planting campaigns, Adopt-a-Stream programs, and educational activities. "SCL ENGINEERING 5 S WMP—City of Friendswood Storm Water Management Program ILLICIT DISCHARGE DETECTIONAND ELIMINATION Introduction and Regulatory Requirements A section within the SWMP must be developed to establish a program to detect, investigate and eliminate illicit discharges to the MS4. The SWMP must include the manner, ordinance or other regulatory mechanism, used to effectively prohibit illicit discharges. The SWMP must list the techniques used for detecting illicit discharges. The SWMP must include appropriate enforcement procedures and actions for removing the source of an illicit discharge. A section within the SWMP must be developed to establish a program to detect and address non-storm water discharges and illegal dumping to the MS4. All non-storm water flows must be considered by the City to determine if they are a significant contributor of pollutants to the MS4. All non-storm water discharges that significantly contribute pollutants to the MS4 must be effectively prohibited. The prohibition must be done through an ordinance or other regulatory mechanism. The regulations must include appropriate enforcement procedures and actions. Firefighting activities are excluded from being prohibited and only need to be addressed if they are determined to be a significant contributor of pollutants to the MS4. A map of the storm sewer system must be developed and must,include to the best of our knowledge the following: the location of storm sewer pipes, ditches, and other conveyances owned by the City, or at a minimum, the drainage area for each outfall; the location of all major outfalls; and • The names and locations of all waters of the U.S. that receive discharges from the outfalls. The SWMP must include the source of information used to develop the storm sewer map, including how the outfalls were verified and how the map will be regularly updated. L ENGINEERING 6 SWMP—City of Friendswood Storm Water Management Program In accordance with 40 CFR 122.34 (b) (3),Develop, implement, and enforce a program to detect and eliminate illicit discharges into your small MS4. Develop a storm sewer system map, showing the location of all outfalls and the names and locations of all water of the U.S. that receive discharges from those outfalls. To the extent allowable under state, tribal or local law, effectively prohibit, through ordinance, or other regulatory mechanism, non-storm water discharges into your storm sewer system and implement appropriate enforcement procedures and actions. Develop and implement a plan to detect and address non-storm water discharges including illegal (lumping to your system. Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. Address categories listed in 122.34(b) (3) (D) (iii) if you determine they are significant contributors of pollutants to MS4. Best Management Practices and Measurable Goals The table on the next page presents best management practices and measurable goals selected by the City of Friendswood with respect to illicit discharge detection and elimination. Storm Water System Map The City will develop a GIS-based storm sewer system map, showing the location of all outfalls and the names and locations of all water ways, to the best of our knowledge, of the U.S. that receive discharges from those outfalls. Once the structural information has been collected in the data management system, the system will be field-verified for accuracy. The GIS map will be updated continually from plan drawings as new areas are developed and a system for updating changes in existing structures will be developed and implemented. The updates for new areas also will be field-verified. "SCL ENGINEERING 7 S WMP—City of Friendswood Storm Water Management Program 2014 6 2015 2016 2017 2018 BMP Measurable Goals Storm Water System Map Map existing storm water drainage 100% 100% Add plats system,50%Pei year % Ordinance for Illicit discharge Develop and Finalize Ordinance detection and elimination Illicit discharge detection plan Evaluate existing program and Annually Annually Biannually qtly identify additional resources and training needs Acquire needed resources,training and personnel Investigate 50%of storm system i° 100% Inspection program for Identify regulated businesses regulated businesses Inspect 50%ofregulated businesses 100% Provide information to Develop brochure regulated businesses on proper handling of discharges and x chemicals Distribute during inspections of one/per one/per regulated businesses Ordinance for Illicit Discharge Detection and Elimination The City will develop and finalize an ordinance to effectively prohibit non-storm water discharges into the storm sewer system and implement appropriate enforcement procedures and actions. Illicit Discharge Detection Plan The City will evaluate existing programs and identify additional program requirements and resource needs to detect and address non-storm water discharges including illegal dumping into the storm water system. The City will acquire needed resources, training and personnel to implement this BMP. The City will visually investigate 50% of the storm water system in years four and five to have 100%implementation by the end of the permit term. ENGINEERING 8 S WMP—City of Friendswood Storm Water Management Program Inspection Program for Regulated Businesses The City will develop an inspection program for regulated businesses. The City will identify regulated businesses for the inspection program. The City will visually inspect 50% of regulated businesses in years four and five to have 100% implementation by the end of the permit term. Provide Information to Regulated Businesses The City will provide businesses information of hazards associated with illegal discharges and improper disposal of waste. Brochures will be designed to target various types of businesses. The types of businesses that will be targeted in the City of Friendswood, will be, but not limited to; restaurants, service stations, and car washes. The brochures will encourage participation in the elimination of illicit discharges. The goal is to make the public aware of illicit discharges and to encourage participation in eliminating improper connections. The City will distribute the brochure(s) during inspections of regulated businesses and they will also be available at City Hall. CONSTR UCTION SITE STORMWA TER R UNOFF CONTROL Introduction and Regulatory Requirements In the absence of proper management, construction sites can release significant amounts of sediment into storm water and eventually into a municipality's storm water system. Other construction site activities such as storage and handling of construction materials also can release pollutants into the storm water system. In addition, increases in compaction and impervious surfaces at construction sites impact storm water. Pollutants from construction sites that may impact storm water runoff include sediment, solid and sanitary wastes, fertilizer, pesticides, oil and grease, truck washout debris, and construction debris. The Phase II Final Rule requires that the City of Friendswood develop, implement, and enforce a program to reduce pollutants in storm water runoff from construction sites within their jurisdiction. Construction activities to be regulated under this program include activities that would result in a land disturbance greater than or equal to 1 acre in size. In accordance with EPA-recommended guidelines for program development, the City of Friendswood construction site storm water runoff control program will be composed of the following components: • an ordinance or other regulatory mechanism that requires the implementation of proper erosion and sediment controls, and controls to other wastes, on applicable construction sites "SCL ENGINEERING 9 S WMP—City of Friendswood Storm Water Management Program • requirements for construction site operators to implement appropriate erosion and sediment control BMPs • procedures for construction site operators to control waste, such as discarded building • materials, concrete truck washout, chemicals, litter, and sanitary waste at construction sites that may cause adverse impacts on water quality • procedures for site plan review that incorporate consideration of potential water • quality impacts • procedures for receipt and consideration of information submitted by the public • procedures for site inspection and enforcement of control measures • BMPs and measurable goals for this minimum control measure The objective of this program is to provide a system through which development and construction activities can be monitored for storm water impacts. The effectiveness of this minimum control measure will be evaluated by the completion of each of the measurable goats identified for the BMPs selected. And in accordance with 40 CFR 122.34 (b)(4), Develop, implement and enforce a program to reduce pollutants in any storm water runoff' to your small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Program must include: the development and implementation of(at a minimum) an ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, requirements for construction site operators to implement appropriated erosion and sediment control BMPs, requirements for construction site operators to control waste at the construction site,procedures for site plan review which incorporate consideration of potential water quality impacts, procedures for receipt and consideration of information submitted by the public. Best Management Practices and Measurable Goals The table on the next page presents best management practices and measurable goals selected by the City of Friendswood with respect to construction site runoff control. Ordinance for Erosion and Sediment Controls The City of Friendswood will develop an Erosion and Sediment Control Plan. This plan will then be implemented by ordinance as a standard for architects, engineers, and developers. The development of an Erosion and Sediment Control Plan will occur in the first year of the five-year implementation schedule. Once the Plan is developed and reviewed, the plan will then be finalized by adopted by ordinance. ENGINEERING 10 SWN4P—City ofFriendswood Storm Water Management Program BMP Measurable Goals 2014 2015 20L6- 2017 2018 Ordinance for erosion,sediment Develop and Finalize Review Review As controls and controls for other Ordinance Needed wastes at construction sites Provide information regarding Develop brochure requirements for construction site storm water controls during site X plan review Distribute brochure during site One/per One/per As needed ' One/per plan review Set up a reporting mechanism for Identify department to monitor construction site problems reported information X Set up method to forward reports to designated department(s)and implement % response program Construction site inspection Develop program program and enforcement of control measures X Inspect 50%of construction 50% 50% Review 75% Activities Provide Information for Construction Site Storm Water Controls The City will develop a public education brochure or flyer to inform the public and construction site operators of the requirements for Construction Site Storm Water Controls. The brochure or flyer will be distributed during the site plan review. The brochure will be made available at City Hall. Reporting Mechanism for Construction Site Problems The City will set up a reporting mechanism for the public to report construction site problems. This reporting mechanism may be combined with one for reporting illicit discharges. This will facilitate the ability of the public to provide information that will assist in detection of problem discharges. City will set up a method to forward reports to designated department(s) and implement a response program. Construction Site Inspection Program Implementation of this program will include training the plan review staff and inspection staff so that they can inform the applicant,review plans for "SCL ENGINEERING I1 SWMP—City of l'rlendswood Storm Water Management Program compliance, and inspect the sites for implementation of BMPs during and after construction that will prevent discharges to the MS4. Once the training materials are developed, inspectors will be provided with training. The City will inspect a minimum of 50% of construction activities annually once the program is developed and implemented. POST-CONSTRUCTION STORMWA TER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT Introduction and Regulatory Requirements The City must develop, implement, and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale that will result in disturbance of one or more acres, that discharge into the storm water system. The program must ensure that controls are in place that would prevent or minimize water quality impacts: • Develop and implement strategies which include a combination of structural and/or non-structural BMPs appropriate for your community; • Use an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under State and local law; and • Ensure adequate long-term operation and maintenance of BMPs. The purpose of the post-construction program is to provide a mechanism by which ongoing protection of storm water quality can be addressed and attained. The plan will incorporate both structural BMPs (storage practices, infiltration practices, and vegetative practices) as well as non-structural components such as planning procedures and site- based local controls (e.g., buffer strips, riparian zones). Also in accordance with 40 CFR 122.34 (b) (5), Develop, implement and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects that are less than one acre that are part of a larger common plan of development or sale, that discharge into your small MS4. Develop and implement strategies which include a combination of structural and/or non-structural BMPs appropriate for your community. Use an ordinance or other regulatory mechanism to address post- construction runoff. Ensure adequate long-term operation and maintenance of BMPs. ENGINEERING 12 SWMP—City ofFriendswood Storm Water Management Program Best Management Practices and Measurable Goals Education Personnel Develop Implementation BMP Measurable Goals 2014 2015 2016 2017 2018 Integrate post-construction Develop and Finalize OrdinanceReview as Review as requirements into needed needed ordinance(s)criteria x Integrate post-construction Develop program and integrate requirements into site plan with construction site programs review and inspection programs hnplement program with implement construction site programs Integrate Post-Construction Requirements into Ordinance Criteria The City developed and integrated Post-Construction requirements in an ordinance and updated the City of Friendswood's Design Criteria manual. These documents will be reviewed annually to ensure that post-construction storm water management for new development and redevelopment are addressed. The City will require post-construction runoff best management practices (BMPs) for new development and redevelopment and ensure proper long-term operation and maintenance of BMPs. Integrate Post-Construction into Site Plan Review and Inspection Program The City integrated post-construction storm water quality requirements into site plan review and inspection programs. They will evaluate existing procedures and identify needed changes and implement the revised programs with the construction site program. POLLUTION PRE VENTIONAND GOOD HOUSEKEEPING FORMUNICIPAL OPERATIONS Introduction and Regulatory Requirements A section within the SWMP must be developed to establish an operation and maintenance program. The operation and maintenance program must have the ultimate goal of identifying methods and practices for conducting municipal operations in a manner to prevent or reduce pollution in storm water runoff. Good Housekeeping and Best Management Practices Controls must be used to reduce or eliminate the discharge of pollutants when runoff from municipal operations is determined to be a significant contributor of pollution to the MS4. Examples of municipal operations and municipally owned areas include, but are not limited to: L ENGINEERING 13 SWMP—City of Friendswood Storm Water Management Program • park and open space maintenance; • street, road, and highway maintenance; • fleet and building maintenance; • storm water system maintenance; • new construction and land disturbances. • municipal parking lots; • vehicle and equipment maintenance and storage yards; • waste transfer stations; and • salt/sand storage locations. A training program must be developed for all employees responsible for municipal operations subject to the pollution prevention/good housekeeping program. The training program must include training materials directed at preventing and reducing storm water pollution from municipal operations. Examples or descriptions of training materials being used must be included in the SWMP. If best management practices include structural controls, maintenance of the controls must be performed at a frequency determined by the City and consistent with maintaining the effectiveness of the BMP. The SWMP must list all of the following: • maintenance activities; • maintenance schedules; and • long-term inspection procedures for controls used to reduce floatables and other pollutants. Waste removed from the MS4, from structural controls, or collected as a result of municipal operations and maintenance activities must be properly disposed. A section within the SWMP must be developed to include procedures for the proper disposal of waste, including: • dredge spoil; • accumulated sediments; and • Fooatables. • Municipal Operations and Tndustrial Activities The SWMP must include a list of all: • municipal operations that are subject to the operation, maintenance, or training program developed under the conditions of this section; and • municipally owned or operated industrial activities that are subject to TPDES storm water regulations The SWMP must include an individual permit number, general permit authorization number, or a copy of a signed NOI or NEC (no exposure certification form for TPDES ENGINEERING 14 SWMP—City ofFriendswood Storm Water Management Program General Permit TXR050000) for each industrial activity conducted by the MS4 and subject to TPDES storm water regulations. If an NOI or NEC has been submitted, but an acknowledgment has not yet been received from the TCEQ, a copy of the submitted NOI or NEC Form may be made readily available. Also in accordance with 40 CFR 122.34 (b) (6), Develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Best Management Practices and Measurable Goals BMP Measurable Goals 2014 2015 2016 2017 2018 Provide spill response and Develop curriculum prevention training at city maintenance Facility Provide training to City annually annually annually annually employees Evaluate City maintenance Observe pollution prevention Review Review as facility procedures,good housekeeping needed and make recommendations X Implement recommendations X pxmm, X I J Provide Training at City Maintenance Facility The City will develop curriculum and provide training to applicable city employees in spill response procedures and will provide spill response kits in convenient locations at the facility. Evaluate City Maintenance Facility The City presently implements a series of BMPs to address activities at the various operational areas of the Public Works Facility. Such activities include designated areas for equipment cleaning and tank clean-outs, and pollution prevention training. In an effort to improve upon the present program, the City will evaluate the activities listed in the table below for storm water impact. "SCL ENGINEERING 15 SWMP—City ofFriendswood Storm Water Management Program Urban Runo.f'Concerns and Their Sources Source/Activity Urban Runoff Concern Vehicle washing Discharge to storm drains Changing auto fluids Spills of fluids,especially in outdoor areas Parked vehicles and equipment Fuel leaks and drips in outdoor areas Outdoor waste/materials storage Release/spill of stored materials in uncovered areas with no secondary containment Illicit connections Floor drains from work areas mud covered areas discharging to storm drains or dry wells Unpaved/compacted surfaces Release of dust and sediment due to vehicle movement across such surfaces BMPs already have been implemented for many of the areas of concern discussed above, but these areas will be evaluated for storm water quality impacts and identification of areas for improvement. The City will conduct assessments of each municipal operation to evaluate potential storm water impacts. ENGINEERING 16 SWMP—City ofFriendswood Storm Water Management Program CONCLUSIONS The City of Friendswood's Storm Water Management Plan was developed in order to comply with the TPDES and Environmental Protection Agency's Phase II requirements. The plan will be reviewed, updated and revised each year, as necessary to maintain the goals of. reducing the discharge of pollutant to the "maxhnum extent practicable" (MEP), protecting the water quality, and satisfying the appropriate water quality requirements of the Clean Water Act. The best management practices (BMPs) will be reviewed each permit cycle in September and October to verify the measurable goals are being met. At that time, if a measurable goal is not being met,the BMP will be improved to better meet our goals. The improvement to the SWMP or to any BMP will be included in the annual report. The change of the BMP will be made to increase the effectiveness of the measurable goals. All additions or revisions will be submitted to the Texas Commission on Environmental Quality(TCEQ). To comply with the permit requirements a copy of the TPDES permit, the Storm Water Management Program, and the NOI will be kept on file at the City Hall in Friendswood, Texas. Each permit cycle will be summarized in an annual report. The annual report is required to include the status of our compliance with the permit conditions, an assessment of the appropriateness of the identified BMPs, progress toward achieving the statutory goal of reducing the discharge of pollutants to the MEP, and the measurable goals for each of the minimum control measures. Also required in the annual report are the results of information collected and analyzed, including monitoring data used to assess the success of the program at reducing the discharge of pollutants to the maximum extent practicable. The annual report will also include a summary of the storm water activities the city plans to undertake during the next reporting cycle. The goals of reducing the discharge of pollutant to the "maximum extent practicable" (MEP), protecting the water quality, and satisfying the appropriate water quality requirements of the Clean Water Act depends on the success of the Storm Water Management Program. "SCL ENGINEERING 17 SWMP—City ofFriendswood APPENDIX 1 -PUBLIC EDUCATION, OUTREACH AND INVOLVEMENT i TEXAS NATURAL RESOURCE CONSERVATION COMMISSION STORM DRAIN STll?.. N(.*.'.. ILING GI-21 2 4/96 STORM DRAIN STEN('.3LINC'F A MANUAL FOR COMMUNITIES This manual was produced through a grant awarded under Section 319(h)of the Clean Water Act by the Environmental Protection Agency. TNRCUD ,v The TNRCC is an equal opportunity/affirmative action employer. The agency doesnotallow discrimination on the basisof race,color, religion, national origin,sex,disability, age,sexual orientation of veteran status. 00 printed an recycled paper INTRODUCTION....................................................................................................................................1 ► 1 WHAT IS NONPOINT SOURCE POLLUTION?................................................................................1 WHAT ARE NONPOINT SOURCE POLLUTANTS?........................................................................1 HOW DO NPS POLLUTANTS REACH WATERWAYS?...................................................................1 1 HOW DO NPS POLLUTANTS AFFECT WATER QUALITY?.......................................................... 1 r�l WHAT IS THE STATE DOING ABOUT NONPOINT SOURCE POLLUTION? ...........................2 WHAT IS STORM DRAIN STENCILING AND WHY IS TT NECESSARY?...................................2 H WHAT ARE THE BASICS OF STORM DRAIN STENCILING?.......................................................3 Materials ...........................................................................................................................................3 1 N Content of the Message...................................................................................................................4 Placement of the Message..............................................................................................................5 r. HOW DO STORM DRAIN STENCILING PROGRAMS OPERATE?..............................................5 Safety.................................................................................................................................................6 TheCity's Role.................................................................................................................................6 r�l l WORKING WITH VOLUNTEERS .......................................................................................................6 MRRecruiting Volunteers...................................................................................................................... 7 AqTraining Volunteers......................................................................................................................... 7 JTechnique.................................................................................................................................. 7 rSafety......................................................................................................................................... 7 InformationTracking..............................................................................................................8 Recognizing Volunteers..................................................................................................................8 STENCILING AS AN EDUCATIONAL TOOL...................................................................................8 ASSESSING THE EFFECTIVENESS OF STORM DRAIN STENCILING.......................................9 PROFILES OF FIVE TEXAS PROGRAMS CorpusChristi.................................................................................................................................. 10 FIouston............................................................................................................................................. 11 FortWorth......................................................................................................................................... 11 Plano.................................................................................................................................................. 12 North Central Texas Council of Governments............................................................................ 12 APPENDICES A.Liability Waivers for Volunteers...............................................................................................16 B. Materials List...............................................................................................................................18 C.Stenciling Instructions................................................................................................................21 D.Safety Procedures for Volunteers .............................................................................................22 E. Data Collection Forms ...............................................................................................................23 F. Recognition Certif icate...............................................................................................................25 G.Public Education Materials.......................................................................................................26 H.News Release ..............................................................................................................................29 I. Public Service Announcements................................................................................................30 J. Sample Newspaper Clippings..................................................................................................31 WE WANT TO HEAR FROM YOU......................................................................................................33 Please evaluate this mmmal and let its Imoro abvutyoar storm drain stenciling projects. INTRODUCTION This manual is a how-to guide for communities interested in starting a Storm Drain Stenciling Program to reduce nonpoint source pollution. It was developed by the Texas Natural Resource Conservation Commissions CLEAN TEXAS 2000 program under a pol- lution prevention grant from the U.S.Environmental Protection Agency(EPA).The manual covers a range of methods for labeling storm drain inlets and offers examples of programs operating in selected Texas cities. The Texas Natural Resource Conservation Commission (TNRCC) does not endorse one labeling approach over another, and the manual does not represent a complete catalog of programs in Texas.Its purpose is to give cities and commu- nity groups the tools to launch a successful citizen-education effort to reduce dumping and protect local water supplies. WHXF IS NONPOIiNT SOURCE POLLUTION? Nonpoint source (NPS) pollution is caused when rainfall carries pollutants from a wide variety of sources into surface water or ground water.The term distinguishes pollu- tion that is diffuse in its origins from pollution that is traceable to a single "point source," like a factory or wastewater treatment plant. ie'I IVF ARE NONPOINT SOURCE POLLUTANTS? Many products and materials we use in daily life become nonpoint source pollutants when they reach a body of water. NPS pollutants can be chemicals, like pesticides and fertilizers. They can be automotive products like gasoline, motor oil, antifreeze and road salt. They might be common household items like paint and solvents. They can even be natural materials like soil,animal wastes,grass clippings and fallen leaves. IiOW DO NPS POLLUTANTS RFACII WATE,1111TAYS? Sometimes NPS pollutants wash directly into a creek,river, lake or bay.Construction activity,for example,can send soil and debris directly into nearby creeks and streams.Ag- ricultural activities also may generate NPS pollutants,when fertilizers,pesticides,livestock wastes and eroded soil are not managed properly and are allowed to wash directly into nearby surface waters. In urban areas,though,the most common route for NPS pollutants is the network of storm drains that carry excess rain water away from streets and directly into waterways. NPS pollutants can be washed by rainfall from lawns and streets into the storm drains, or they can be dumped there deliberately by people who are careless about the environment or who mistakenly think the storm drains flow to a water treatment plant. HOW DO NPS I'OLLIJ'1'AN'1'S AFFECT WA'ITIi OIJALI'IT? just as the nature of NPS pollutants varies widely,so do their effects on water quality. Pesticides, antifreeze and motor oil contain toxic chemicals that are harmful to humans, I A Manual For Communities animals and plants. Just one quart of motor oil can ruin the quality of 250,000 gallons of water.The phosphorus and nitrogen in fertilizers,pet and livestock wastes and decompos- ing leaves and grass can cause large amounts of algae to grow,which depletes the oxygen level in the water and can lead to fish kills.Animal wastes also introduce harmful bacteria and other pathogens into water supplies. Sediment from soil erosion or construction activ- ity can reduce the clarity of water and block sunlight needed by aquatic plants and fish. Litter and debris,particularly plastic items that float, spoil the beauty of lakes, rivers and bays and can be harmful to fish and birds who mistake them for food. WHAT IS THE STATE DOING ABOUT NONPOINT SOURCE POLLU'T'ION? The TNRCC receives funding each year from the EPA to support state and local pro- grams to control and prevent nonpoint source pollution.Since 1990,the TNRCC has funded more than 60 pollution prevention and abatement projects across the state. Grant projects target water quality problems in both surface and ground water. Some control pollution through the design,building and testing of structural improvements,like an artificial wetland or a new type of sedimentation basin. Others focus on non-structural management practices,which include such things as replanting roadside ditches with veg- etation to better filter storm water runoff and mapping potential pollution sources to pro- tect drinking water wells. In addition to the NPS grant program,the TNRCC administers programs that encour- age voluntary citizen action to reduce nonpoint source pollution.These include a house- hold hazardous waste collection program; a used motor oil and filter collection program; "Texas Watch," which trains citizen volunteers to monitor local water quality; an agricul- tural waste pesticide collection program,which collects canceled or banned pesticides;the Texas Country Cleanup project,which organizes events in rural areas to collect empty pes- ticide containers,batteries,scrap tires,and used motor oil and oil filters;the Lake and River Cleanup program,which organizes volunteers to remove litter from public waters and shore- lines;and the Source Water Protection Program,which assists communities in developing and implementing site-specific programs to protect drinking water. WHAT IS S'T'ORM DRAIN STENCILING AND WRY IS PP NECESSARY? Many people mistakenly believe storm drain inlets empty to water treatment facili- ties,so they pour chemicals or sweep debris directly into storm drains.This dumping greatly increases the level of nonpoint source pollutants (leaves, soil, litter, fertilizers, pesticides, street residues) already present in urban storm water runoff and can contribute substan- tially to a decline in water quality. More communities are working to reduce nonpoint source pollution by labeling storm drain inlets with messages warning citizens not to dump polluting materials.These storm drain stenciling projects usually are conducted by volunteer groups in cooperation with local authorities.The stenciled messages usually a simple phrase like"No Dumping!Protect 2 Storm. Drain Stenciling Our Water'—remind would-be dumpers and passersby that the storm drains connect to local water bodies and that dumping pollutes those waters. In recent years,as states and local governments have learned more about how nonpoint source pollution degrades water quality, storm drain stenciling efforts have sprung up in communities across the country.The Center for Marine Conservation(CMC),a nationwide environmental organization dedicated to protecting marine life,estimates that 97 groups in 33 states and Canada now are involved in storm drain stenciling.In 1992,the CMC launched its "Million Points of Blight' campaign to educate people about the connection between storm drains and local waterways and to involve them in stenciling efforts.Today,the CMC acts as a clearinghouse for information on storm drain stenciling,referring interested orga- nizations to existing community programs or providing instructions on how to start new programs.The CMC's headquarters in Virginia can be reached at 804/851-6734. WHIU ARE TIE BASICS OF STORM DRAIN STENCILING? This section describes a range of storm drain stenciling approaches.Projects vary widely from community to community in terms of the materials used,the message conveyed and the physical placement of the message. irlXTERIALS Most communities use stencils and paint to label storm drains. The city of Houston uses a single stencil to imprint its slogan, "You Dump It, You Drink It. No Waste Here," directly onto the concrete above the inlet. Some communities use a two-phase stenciling process. They first paint a rectangular area white to create a background for the message. When this layer is dry,they stencil the message on top of it in a contrasting color. Corpus Christi,for example,uses white paint for the background and green paint for the message "No Dumping! Drains to Bay." The most commonly used stencils are made of Mylar, a flexible plastic material that can be cleaned and reused many times. Stencils also can be made from cardboard, alumi- num or other metal. Paint(or ink) can be sprayed on or applied by brush or roller. Spray paint is quickest and probably the easiest to apply neatly. However,cities that do not meet federal air-qual- fly standards("non-attainment areas")may wish to avoid spray paints,since many contain air-polluting propellants. Houston (a non-attainment area) uses rollers and ink pads for this reason.Many Texas cities use special "environmentally friendly`paint hat contains no heavy metals and is low in volatile organic compounds (VOCs). Empty steel aerosol cans and paint cans can be recycled in many communities. Not all communities use stencils and paint to label their storm drains. Some have opted for permanent signs made of aluminum, ceramic, plastic or other durable materials. The city of Plano uses a 6' x 6" ceramic tile. Fort Worth uses a 4" x 8" aluminum plaque. These signs last longer than stenciled messages (Plano expects its tiles to last five to 10 years)and they require only glue to affix them to storm drain inlets.This ease of application is particularly important when volunteers provide much of the labor. 3 A Manual For Communities Many city officials prefer the permanent signs because they are neater than stencils, which sometimes look smeared and may be hard to read from a distance. Plano now re- quires contractors who build storm drains to place the city's storm drain riles on new and replacement storm drains. On the down side,permanent signs can be more expensive than painted stencils.Ceramic riles cost$5 to$6 each.A Mylar stencil,by contrast,costs about 45 cents per linear inch and can be used for 25 to 500 stencilings,depending on whether paint is sprayed on or applied with a brush or roller.In addition,tiles or plaques can be dislodged by pedestrian traffic if they are disturbed before the glue dries. CONTENT OF THE MESSAGE Nearly all signs and stencils used on storm drain inlets discourage deliberate dump- ing.Some communities focus on a particular material such as motor oil while others warn against the dumping of chemicals. Regardless of the materials,the most important idea to get across is that storm drains lead to open waterways.Often communities will specify which water body the inlet drains to,saying for example,"drains to creek"or"drains to lake."Some even name the river,lake or bay.The following are examples of possible messages: f NO DUMPING.DRAINS TO WATER SOURCE. / NO DUMPING.DRAINS TO BAY (CREEK,STREAM,RIVER,LAKE,OCEAN). DON'T DUMP.DRAINS TO CREEK NO OILS OIL CULMICALS (STREAM,RIVER,LAKE,BAY,OCEAN). +`t DON'T DUMP.PROTECT OUR WATER. DRAINS TO BAY YOU DUMP IT,YOU DRINK IT.NO WASTE HERE. (Ba),Cr))) SI USTED TO TIRA,USTED LO TOMA. DUMP NO WASTE.DRAINS TO BAY. �., (CREEK,STREAM,RIVER,LAKE,OCEAN) (North Cend al Texas COG) NO OIL OR CHEMICALS.DRAINS TO BAY. NO DUMPING DO NOT DUMP.FLOWS TO BAY (CREEK,STREAM,RIVER,LAKE, OCEAN) . DRAINS TO RIVER DO NOT DUMP.FLOWS TO TRINITY RIVER. (Houston-Galveston Area COG) 4 Storer Drain Stenciling Communities often combine words and pictures to convey their message.The graphic portion may reinforce the verbal message by depicting the pathway from storm drain to water body in some stylized fashion.Graphics also may refer to some topic of local interest. For instance,Houston uses a picture of a shrimp on one of its stencils to remind passersby that the Galveston Bay shrimping industry can be hurt by pollutants dumped in Houston. Fort Worth superimposes its anti-dumping message against the silhouette of a largemouth bass,one of the most popular game fish in the southern United States.Others use pictures of windsurfers or sailboats to remind people that dumping pollutants affects the recre- ational value of local waterways. Communities with large numbers of Spanish speakers may wish to develop signs or stencils in both English and Spanish. Houston has done this with its "You Dump It You Drink It" message. Some communities opt for a simpler approach, using a graphic alone, without words.The North Central Texas Council of Governments offers cities such a sten- cil.It shows an oil can in a circle with a slash through it. PI.ACEBIEii I' OF THE iVIESSAGE Messages may be positioned in several ways. Some are placed flat against the side- walk surface just above the storm drain inlet. Others are placed on the curb facing the street. Still others are located on the street itself, either just upstream of the storm drain or Figure 1 on the street in front of the drain.How- ever,messages placed on the street may wear out sooner. (See Figure 1.) DU 7 lIP me+viva Potential dumpers will see the nrzaI Ne TO eNms message in any of these locations.The decision about where to place the mes- sage also should take into account who i else will see it. Signs facing the street will be seen more easily by motorists; signs aligned with the sidewalk or with the street itself are more likely to be seen by pedestrians.It's important that even Irasec those who would not dump motor oil nonm NO down a storm drain be exposed to the nmuNS rO 1,1103> ppTlr NO WISH stenciled messages. Because the signs T raise awareness about the connection DRAINS'''"'KE NOTE:Many storm drain inters are on webs. between storm drains and water bod- ies, they help deter littering, overfertilizing and other practices that contribute to nonpoint source pollution. HOW DO STORM DRAIN STENCILING PROGRAMS OPERATE? Storm drain stenciling programs are carried out in a variety of ways. In some cases, cities use their own public works staff to do all labeling.The city of Hurst Texas,(population 5 A Manual For Communities 30,000)took this approach and has labeled all 1,200 of its storm drain inlets.Plano has used its own crews to place 1,200 ceramic tiles,and Fort Worth has done most of its storm drain labeling in-house as well. Some cities feel that having their own crews do the work pro- duces better results and eliminates liability and safety concerns.Recently,though,Fort Worth sponsored a neighborhood association to label some drains. Both Fort Worth and Plano plan to work with volunteer groups in the future. A more common arrangement for storm drain stenciling programs is for volunteer groups to provide the labor and the city to provide supplies, safety equipment and other forms of support. This public-private partnership maybe initiated by either side.If a civic association or local environmental group initiates the project, it must be sure to obtain the support and cooperation of local authorities.Storm drains are city property and local ordinances or poli- cies may prohibit marking them without permission.Most cities also will want certain safety measures in place before volunteers set to work. SANUT Since stenciling projects take place on city streets,volunteer safety is of utmost impor- tance.The city may wish to designate lower-traffic residential areas as targets for volunteer stenciling and provide safety equipment and training. Most programs require that stencil- ing be done in teams,with at least one person designated to watch for traffic.Adult super- vision is needed when the volunteers are school children or members of a youth group. Most cities also require participating volunteers(or their parents)to sign a waiver of liabil- ity. (See Appendix A for examples of waivers.) THE CAT'S ROLE In many cities,the public works or water quality department will designate a person to coordinate stenciling projects by volunteer groups. Coordination may mean any of the following: Providing stenciling kits containing all materials and tools needed to carry out a stenciling project. (See Appendix B for examples of the contents of kits.) A, Furnishing a list of locations or a map of storm drains to be stenciled. Training volunteers on safety procedures and on the technique for using stencils or affixing signs. Providing safety equipment: traffic cones, safety vests, masks and/or goggles (if spray paint is used)and gloves(if glue is used). Providing incentives and rewards for volunteers(badges,T-shirts,certificates). Providing pollutant tracking forms to collect data on serious instances of dumping. WORKING WITII VOLUNTEERS Since most storm drain stenciling programs depend heavily on volunteer labor, orga- nizers or coordinators must be skilled in the art of recruiting,training,managing and rec- ognizing volunteers.This section focuses on how to work successfully with volunteers. 6 Storm Drain Stenciling RECRUITING VOLUNTEERS Cities can spread the word about storm drain stenciling to volunteer organizations though many channels.The North Central Texas Council of Governments distributed a pam- phlet on the program to area service organizations. Cities can mail information on the pro- gram to civic groups,youth groups,schools,environmental clubs,chambers of commerce or volunteer centers. The city of Houston distributed a brochure to local organizations, placed articles in local magazines and took out newspaper ads to publicize its program. Houston and Corpus Christi both included information about storm drain stenciling in an environ- mental insert placed in the local newspaper.Program coordinators can make presentations at community meetings and encourage word-of-month communications about the program. The city of Plano developed a public service announcement about its program. Most volunteer groups do their storm drain stenciling projects on a Saturday morn- ing.The program has been popular with Girl Scouts,Boy Scouts,4-H clubs,environmental chubs, church youth groups, neighborhood associations, grade school classes and a wide range of civic and service organizations. TRAINING VOLUNTEERS Before participating in a stenciling project, volunteers need training in three areas: technique, safety and information tracking. TECHNIQUE Instructions on how to stencil a storm drain vary with the materials the city uses. Spray painting requires a different technique than rolling or brushing paint onto a stencil. Most projects have certain elements in common as listed below. First,the area to be labeled must be cleaned with a wire brush. 4� Volunteers are warned against applying too much paint which can make a stencil unreadable. Wait a few minutes before the stencil is removed to avoid paint smearing. 42 Volunteers are advised to wear old clothes. Appendix C contains sample stenciling instructions. SAFETY Storm drain stenciling is normally conducted in teams of two or more people. The following are common safety guidelines_ Groups of young people must have an adult supervise each team. One person on each team is assigned to watch for traffic. 40� All participants should wear safety vests provided by the sponsoring city. ` If spray paint is used for stenciling,participants also should wear goggles or masks. If glue is used to affix permanent signs,participants should wear rubber gloves. If volunteers are working in the street,they must use traffic cones and/or barricades provided by the city. Sample safety instructions are included in Appendix D. A Manual For Communities INRIIII;VItI'1 ON TRACKING Storm drain stenciling projects provide cities with valuable information about nonpoint source pollution. Cities typically have thousands of storm drain inlets in their jurisdictions and public works staffs cannot inspect them all. Most cities ask participants in storm drain stenciling projects to note storm drains that are clogged with debris or show obvious signs of dumping. This enables city crews to target cleanup efforts. Volunteers should be instructed on what kinds of pollutants to look for and how to fill out data cards. Volunteers also should list the locations of all storm drains labeled during the project, so the city can keep track. Sample data cards are included in Appendix E. Regardless of whether tracking forms are used, it is a good idea to assemble the participants after the event to talk about what they have found.Their reactions and impressions can help orga- nizers improve future stenciling projects. IIECOG\'IZING VOLUNTEERS For any volunteer project to be successful, volunteers must feel they have done some- thing worthwhile.Communities active in storm drain stenciling have developed a variety of ways to recognize volunteers.The following are a few examples: Provide each participant with a certificate of appreciation and/or letter of thanks signed by the mayor. (See Appendix F for a sample certificate.) Distribute T-shirts, hats, badges or other gifts to each participant after the event. The city of Austin distributes plastic water bottles to participants before the event so they can have a supply of water while they're working."I helped curb pollution'is the message on the bottles. Hold a picnic or small party after the event,with refreshments donated by a local business. Provide free coupons for pizza,hamburgers,ice cream or movies donated by local merchants. Take pictures of stenciling teams before,during and after the event to create a pictorial record of volunteers'activity. STINCILING AS AN EDUCATIO`TAL TOOL A storm drain stenciling project affords many opportunities for public education.The labeled storm drains themselves become public education tools, reminding potential pol- luters,motorists,pedestrians and area residents that storm water runoff flows to area water bodies.The knowledge that whatever enters a storm drain enters the nearby creek,river or lake makes people more conscientious about littering, overfertilizing,sweeping grass clip- pings into the gutter and other practices that aggravate nonpoint source pollution. Corpus Christi and other cities have volunteers distribute door hangers in the tar- geted neighborhoods to notify residents that storm drain stenciling is taking place. The - hangers also explain the purpose of the project and offer tips on how citizens can reduce nonpoint source pollution. (See Appendix G for a sample door hanger and brochure.) Cities or community groups can notify daily and weekly newspapers to get advance coverage of the planned stenciling event.A news release issued for the day of the event can Q; Storm Drain Stenciling draw TV and/or daily newspaper coverage. (See Appendix H for sample news release.) Newspapers may choose to cover the event itself as an environmental feature story to fur- ther heighten public awareness. Public service announcements (PSAs) distributed before the event also will help reinforce the message.Sample PSAs may be found in Appendix I. It is important to remember that to be effective a city does not have to stencil every storm drain.Large cities have thousands of inlets and it would be impractical to cover all of them. In fact,to do so might defeat the public education purpose because if people see the message on every drain,it may cease to register with them. It is also important to view storm drain stenciling as one part of a larger educational campaign to reduce nonpoint source pollution.For the message on a storm drain to sink in, people need to hear it explained in other forums.Cities may want to develop TV radio and print ads or public service announcements to reinforce the idea that storm drains lead to local waterways and that dumping pollutes those waters. Community groups could ap- proach a local television station about producing and running a free PSA on storm drains and nonpoint source pollution.One reason the Texas Department of Transportation's"Don't Mess With Texas' anti-littering campaign succeeded was that the department conveyed its message through TV and radio ads and reinforced the slogan by printing it on the trash barrels located along the highways. The city of Houston used "You Dump It,You Drink It"as one of its storm drain mes- sages in part because the slogan had already been used in a joint city/TNRCC public edu- cation effort to encourage motor oil recycling.The TNRCC can make available to any inter- ested community a television PSA, radio scripts and print ads featuring this slogan (call 512/239-3159). ASSESSING I llEFFECTIVENESS OIL STORM DRAIN STENCILING By raising public awareness of nonpoint source pollution, storm drain stenciling pro- grams should discourage practices that generate nonpoint source pollutants.As with any public education project,however,it is difficult to precisely measure the effect storm drain stenciling programs have on human behavior.Nor is it easy to measure reductions in cer- tain components of nonpoint source pollution,which by definition is diffuse in origin. Some cities attempt to assess the effectiveness of storm drain stenciling programs by periodically examining water samples from targeted storm drain outfalls(places where storm drains empty into a body of water).If the storm drains leading to a particular outfall have been labeled, and if the level of pollutants from that outfall declines over time, one can assume the labeling has had some deterrent effect. The city of Fort Worth plans to track pollutant levels at 600 storm drain outfalls over the next five years to determine whether storm drain labeling and other pollution preven- tion efforts have improved water quality in local creeks.The city of Plano is now collecting baseline water quality data from targeted outfalls and will take periodic samples to mea- sure program results in the future. Monitoring outfalls is time-consuming,and periodic testing for component NPS pol- lutants can be expensive. Some cities infer success from increases in the volume of used 9 A Manual For Communities motor oil delivered to used-oil recycling centers. Others measure success in terms of how many drains are stenciled and the number of requests received by volunteer groups to participate in the program. They can also take into consideration the number of cleanups conducted by the city as a result of reports made by volunteers. Citizen groups can be trained to monitor water quality in local TEXAS WATCH waterways through the TNRCC's Texas Watch program. The TNRCC's Texas Watch program educates individuals about the causes and effects of pollution by training PROFILES OF FIVE TEXAS PROGRAMS citizen groups to monitor water quality. Currently, there are more than 300 CORPUS CHRISTI volunteer monitoring groups in Texas. Message:Do Not Dump.Drains to Bay. Each volunteer undergoes training in Graphic:Windsurfer,fish sampling techniques approved for the Method:Aluminum stencil, message spray painted in green paint against Texas Watch program by EPA. a white background In addition to training citizens in Program Start Date: October 1993 water quality monitoring, Texas Watch seeks to improve communications and Corpus Christi has stenciled about 800 storm drains out of a total of resolve conflicts by coordinating partner- 13,000. The city relies entirely on volunteers to do the stenciling. It ships among citizens,businesses,indus- coordinates 10 to 12 volunteer stenciling projects each year, work- try,and local and regional authorities. ing with organizations such as the Girl Scouts and Boy Scouts, the Texas Watch is an ideal project for AT&T Telephone Pioneers,the Southwestern Bell Telephone Pioneers science clubs, Boy Scouts, service and local environmental science clubs. organizations and citizens interested in preserving waterquality in theircommu- The city uses metal stencils and spray paint to print the message nities.Since volunteer monitoring efforts "Do Not Dump.Drains to Bay'in green letters against a white back- are targeted to locations not monitored ground. Graphics include a fish and a windsurfer.The stencils cost by the TNRCC field staff,data collected approximately $100 each and are paid for through the water by Texas Watch volunteers is extremely department's operating funds.The city has six stenciling kits avail- useful to the TNRCC.It helps fill in gaps in able for volunteers and provides door hangers for distribution to the agency's knowledge of local water residents of the neighborhood where stenciling takes place. quality and thereby assists the agency in making environmental decisions. Before each event, the city's project coordinator provides volunteer training, which includes an orientation to the program, directions on how to use the stencils and instruction on safety procedures.After the event,each volunteer is given a T-shirt, designed especially for the storm drain stenciling pro- gram,and the volunteer group receives a framed certificate of appreciation. In addition to the stenciling kits,the city provides volunteer groups with safety vests, traffic cones and a traffic flag. 10 Storm Drain Stenciling HOUSTON Message: You Dump It, You Drink It. No Waste Here. Dump No Waste.Drains to Bay. Graphic: Shrimp (on 'Dump No Waste" message) Method:Message rolled in ink across Mylar stencil Program Start Date: Spring 1995 About 300 storm drains have been labeled in Houston by groups like the Serve Hous- ton Youth Corps,Boy Scouts and Girl Scouts and grade school students. The city uses a Mylar stencil and ink to roll onto inlets its anti-dumping messages. The "You Dump It, You Drink It" message was also part of an extensive citywide public education campaign to encourage motor oil recycling that had included out- door billboards and paid radio PSAs. Ten stenciling kits are available along with safety vests and traffic cones for each event. The Mylar stencils were donated by the Gulf Coast Waste Disposal Authority through the Houston-Galveston Area Council of Governments. HGAC was instrumental in developing the Houston stenciling program and others in the area. The city distributes an English/Spanish brochure to promote its storm drain stencil- ing program. It also publicizes the effort through newspapers, magazines and com- munity meetings.Each participant receives a thank-you letter and a certificate of ap- preciation from the mayor. TORT {POIITII Message:Don't Dump!Drains to Creek. Graphic:Large mouth bass Method:Aluminum plague glued onto inlet Program Start Date:July 1993 Fort Worth recently switched to reflective aluminum plaques (the material used for highway signs),which are neater,more durable and easier to apply. So far, about 500 storm drains have been labeled. The 4"x 8"plaque shows the silhouette of a large mouth bass in white against a bright blue background. Superimposed on the image of the fish in blue letters is the slogan "Don't Dump! Drains to Creek." The plaque is placed on top of the storm drain inlet and attached with adhesive glue. For the most part,Fort Worth has used its own public works staff to mark storm drains. The city sponsored one neighborhood association project in 1995 and plans to use more volunteers in the future. 11 A Manual For Communities Fort Worth has developed a sophisticated method for evaluating its program.The city plans to track pollutant levels at 600 storm drain outfalls over the next five years to determine whether storm drain labeling and other pollution prevention efforts have improved water quality in local creeks. PLANO Message:No Dumping. Drains to Water Source. Method:6"x 6"ceramic the glued to inlet Program Start Date: Summer 1995 Plano attaches to the top of its storm drain inlets a bright blue 6' x 6" ceramic tile bearing the message "No Dumping. Drains to Water Source." Plano had these tiles specially designed and manufactured for its storm drain program.The city wanted a marker that would be easy to apply and maintain,durable and aesthetically pleasing. Tiles are paid for through the city's municipal drainage fee program. Plano has used its own public works crews to label more than 1,200 inlets.No volun- teers have been used to date, but the city plans to work with Eagle Scouts and other service groups beginning in the spring of 1996. The city works closely with Keep Plano Beautiful to educate the public on storm wa- ter management practices, composting, and proper disposal of household hazardous waste and motor oil.Plano public schools focused on storm water education for Earth Week 1996,and the city addresses storm water management through newsletters,pre- sentations and exhibits. The city of Plano now collects baseline water quality data from targeted storm water outfalls and will take periodic samples to measure program results in the future. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Message:Don't Dump. Protect Our Water. Graphic:Fish,oil can Method:Spray-painted message using Mylar stencil Program Start Date:May 1993 The North Central Texas Council of Governments (NCTCOG)has been a major cata- lyst for community storm drain stenciling programs in the north central Texas region since 1993. The stenciling projects were part of the regions water-quality and pollu- tion-prevention objectives for the Trinity River Basin. NCTCOG developed two stencils for the regional program. One says "Don't Dump. Protect Our Water"and the other is a stand-alone graphic depicting spilled oil trailing a fish under water.An estimated 7,500 storm drains in 22 communities throughout 12 Storm Drain Stenciling the region have been labeled with one of these logos.NCTCOG also developed sample press releases,fact sheets and tracking cards for use by participating communities. One innovative feature of the NCTCOG program is its use of a state used oil grant to give community groups incentives to stencil storm drains.Under the program,volun- teer groups could earn $140 for stenciling a minimum of 15 storm drains. The pro- gram proved very popular with youth groups and other organizations as a means to raise funds. 13 A Manual For Communities 1 PPl;\rl)I(IN APPENDIX City of Friendswood ®1 STORM (DRAIN STENCILING PROJECT LIABILITY I am authorized to act on behalf of WAIVERS FOR (called the "Sponsor"). I have carefully read and understand the guidelines for the VOLUNTEERS Storm Drain Stenciling Project, (called the"Project'). In order to participate in the Project the Sponsor assumes the following responsibilities: 7. Participants in the Project are solely under the supervision of the Sponsor. 2. Waivers of Liability will be signed for each participant prior to commencement of the Project. 3. Sponsor will train each participant in pedestrian and other relevant safety rules. All participants will be evaluated by Sponsor to determine if they are responsible individuals who will be able to abide by the rules of the road and use due caution while participating in the project. 4. Sponsor will use stencil kits and instructions as provided by the City of Houston only for the purposes intended. 5. Sponsor will consult with the City of Houston in the selection of Project sites. Signature Date Print Name Organization Office or capacity of person signing 16 City of Friendswood LIABILITY WAVE I,the undersigned, being of lawful age or the parent or legal guardian of the volunteer involved in the Storm Drain Stenciling Project(Project),in consider- ation of being allowed to participate in the Project, I hereby release, discharge and forever acquit the City of Houston, a municipal corporation, and its officers, agents, and employees from any and all actions, causes of action, claims or any other liabilities whatsoever, known or unlcnown, or may arise in the future, on account of or in any way related to or arising out of my participation in the Project. Further, I assume liability for any non-participants who accompany me. PARTICIPANT'S NAME: (Please print) AGE: SIGNATURE OF PARTICIPANT OR LEGAL GUARDIAN: DATE: 17 APPENDIX Center for Marine Conservation Many cities and organizations make it easy for individu- MATERIALS als to stencil neighborhood inlets by providing kits which include all the materials needed. Before incurring the SAMPLE expense of assembling these materials,contact your Pub- 3I1YI'1 RIAI S lic Works Department to see if they sponsor a storm drain LISP stenciling program and can provide these kits. If not, contact the Center for Marine Conservation (CMC) to 110RHOWING find out if there is a state agency, municipality or orga- nization in your area that is participating in their "Mil- lion Point of Blight"program which can loan you at least the stencils. 0RDIsRING S'I'TNCII S ✓ Stencil(s) (see enclosed ordering or borrowing information) ✓ Paint that meets your state's standards. Make sure the paint meets any standards (color,type) set by the agency that gave you permission to stencil. In some areas, oil-based traffic or highway paints can be purchased at local paint stores. Some areas require a flat water-based latex. CMC recommends either white or green depending on the surface being painted. Read the label/instructions and ask if you can return any unused cans of paint before purchasing. ✓ Paint brushes(T)and stirrers(unless you are using spray paint) ✓ "WET PAINT" signs ✓ Masking tape ✓ Drop cloths ✓ Trash bags(2)-one for dirt and debris cleaned from the storm drain area and one for soiled stenciling supplies ✓ Wire brush ✓ Whisk broom and dust pan ✓ Paper towels or old rags ✓ Traffic safety vests and flags ✓ Orange traffic cones,if available ✓ Pencil/paper/clipboard/CMC's standardized data card for recording observations and activities ✓ For cleanup: ''..... Newspaper and rags Coffee cans and lids Mineral spirits or paint thinner(small amount) IMPORTANT: Remember to bring written approval from the 1�; agency that gave you permission to stencil. BORROWING STENCILS Center for Marine Conservation Susan Macleod/Laurie Halperin ,10.41E Center for Marine Conservation (� C 306-A Buckroe Avenue Hampton, VA 23664 (804) 851-6734 (804) 851-4183 FAX The Center for Marine Conservation has a list of 89 groups (states,municipalities, and organizations) in 32 states and Canada which are participating in their Million Points of Blight Network. Please contact CMC about your stenciling project to find out if any groups in your area have stencils or other materials for loan. If not, mylar stencils (DON'T DUMP-DRAINS TO WATERWAY) can be borrowed from CMC via the STORM DRAIN STENCIL ORDER FORM below. - - - - - - - - - ° - _ _ •OUI HERE _ - - • .. . . . - STORM DRAIN STENCIL ORDER FORM Name Name of Group Street Address _ Number or Participants Expected City/Town, State, Zip Code City/Town, State of Stenciling Phone Number - work or home? Date of Stencilino ................................................................................. Center for Marine Conservation Date Received Stoncii Number Date Shipped Comments For Office Use Only ili5ill l)JJ[ II f)111)1 III fJ (( ON'r.) S'rl f IIS Sil!II,I I I I F FABRICATING AND GRAPHICS Ann Marie 6'end I e Sales Marteting Mana.aer 3931 Piial An Sono I Searle WA 98134 1 V.061682 4467 I AU(206)292 HSI 1800 7278748 Storm Drain Stencils Available From: Image Fabricating and Graphics Material: 10 Mil Mylar Size: 15" x 26" Versions: DUMP NO WASTE- DRAINS TO LAKE DUMP NO WASTE- DRAINS TO RIVER DUMP NO WASTE- DRAINS TO STREAM DUMP NO WASTE- DRAINS TO BAY DUMP NOWASTE- DRAINS TO GROUNDWATER - available with Small Mouth Bass or Salmon - NOTE:CLEAN TEXAS 2000 does not Pricing: 25 Ga $10.25 each 750 @ $3.95 each endorse aryparncular. 50 @ $9.57 each 1000 @ $3.60 each stencil vendac This page 100 0 $7.95 each 2500 @ $2.95 each is included as an example 250 a $5.75 each .5000 gp $2.50 each oJan orderfarai.Please 500 g, $4.50 each contact CLEAN TEXAS - Minimum order of 25 quantity must be placed - 2000 at 5121239-3/56 for irfmznanon about other stencil vendors and of dering information. 2Q Center for Marine Conservation City of APPENDIX Friendswood 4 r i ROW TO STI'sNCII. STORM DRAIN INLETS STENCILING INSTRUCTIONS SAMPLE STI3NCILING INSTRUCTIONS 1. Use a wire brush to remove any dirt or scum by scrubbing briskly. 2. With a whisk broom sweep surface free of dirt. 3. Lay the stencil above the face of the storm sewer, bending the stencil over the beam of the storm sewer. By doing this the first line of the stencil will be on the TOP of the storm sewer and the second line will be on the BEAM. If the stencil does not fit this configuration due to a small beam, use either side of the storm drain. Experiment with how the stencil will best fit and look. Do not stencil the bottom of the storm drain. 4. One or two people should hold the stencil securely in place or tape the stencil in place with heavy tape.Be careful not to move the stencil once in place. 5. If using spray paint or ink— shake can for one minute, hold spray can inverted about five inches from stencil.In a series of wide sweeping motions,spray one line at a time using a side to side motion until letters are uniformly covered. Do not spray too much—paint or ink will run under stencil making the words unreadable. If using a brush—stir contents well,brush over stencil being careful not to use too much paint or ink as it will run under stencil making the words unreadable. If using a roller—test that it is well inked by rolling on the pad and then testing on a newspaper.Do not put too much ink on the pad.A roller with too much ink will run making the words unreadable. It is best to roll over the stencil in a back and forth motion a number of times using a constant pressure until the words are legible. 6. When finished carefully lift the stencil. 7. If stenciled message turns out unreadable,do not try to clean it off again.The mess will only get bigger.Go to another storm sewer and learn from your mistakes.It's O.K. 8. Thank You. 21 APPENDIX City of Friendswood SAFETY P1 OCEDURES AND TIPS FOR STORM DIUIN STIiNCILING T17jUV1 L1:WERS SAMPLE, SAFI3T1' [ ! Prior to stenciling ALL waivers must be signed and returned. PROCRIIURFS FOR 1 ® Stenciling is a group activity,requiring a minimum of two people. VOLUNTEFRS • There should NEVER be any stenciling done alone. • Remember to wear clothing you do not mind getting permanent ink or paint on. ® All participants must wear safety vests. ® Bring paper towels or a rag to wipe up. ® Two plastic bags have been included in the stencil kits.One is for the used stencil, and is not garbage.The other is for the paper towels, gloves and any garbage picked up along the way. • One person must be on the look out for on-con ng traffic at all times. • Traffic cones are used to alert vehicular traffic. • All storm drains stenciled should be recorded on the Tracking Sheet and returned to the captain upon completion. ® Any storm drain with oil,paint or any other hazardous substance should i be noted and reported to the captain. e If there is a vehicle or other private property too close to the storm drain and stenciling would risk getting ink or paint on it--do not stencil that storm drain. Ei Orally review these safety procedures with your volunteer groups. North Central Texas Council of Governments APPENDIX STORM DRAIN DATA CARD - ®® Please fill out one card for all of the drains that you stencil using this kit. SAMPLE D)VU COLLECTION City of Stenciling Project FORMS Name of Organization STORM DRAIN Contact Person DATA CARD Street Address STENCIL TRACKING Daytime Phone Number of Storm Drains Stenciled RECORD Number of Participants Date(s) of Stenciling Please return completed data cards to your city contact person. Non-Point Source Pollutants Please keep track of the items found within six feet of each side of the storm drains you stencil by making tick marks in the areas below: Grass Clippings Street Litter/Plastics, cont: Leaves Six-Pack Holders Motor Oil Straws Paint Other Pet Wastes Street Litter/Plastics, including: Potential Non-Point Sources Beverage Bottles Mark the number of storm drains that you Beverage Cans stencil near each of the following: Caps/Lids Residential Area Cigarette Butts Shopping Center/Parking Lot Clothing/Scraps Golf Course Fast Food Containers Business District Foam Plastic Pieces Service Station Newspaper/Magazines Farmland Paper Bags Other Plastic Bags/Wrappers Plastic or Foam Cups Plastic Pieces 23 APPENDIX E STENCIL TRACKING RECORD Location Street stenciled Between streets & i Number stenciled Street stenciled Between streets & Number stenciled Street stenciled Between streets & _ Number stenciled Street stenciled Between streets & Number stenciled Street stenciled Between streets & Number stenciled Street stenciled Between sheets & Number stenciled Total Number Stenciled March 1990 2� Seattle Drainage and wastewater Utility APPENDIX — , SAIMPLIi RECOGNITION C1 IMFICATE 7 THA INK YOU ! (recipient's natne here) has made an important contribution to the protection of(waterway here), by painting the openings of(community here) storm drains. CIT y NO DUMPING g �� (Recognizing Agency Name He,e) 'y N Date FLOWS TO BAY � w DES Hag Based on city of Palo Alto,California, certificate. 25 APPENDIX City of Corpus Christi -ta- DOOM IIANG17B SAMPLE' PUBLIC EI)IJCATI()N iIA1 ERIAIS for I)()DII oQER4t�oy RANGER Do Not Thestorm tro rdrun trucks to our nwyY txvtrwd h:nchvm CORPUS stetal4 1rht11ct e 66 Nr)T DAMP OWS1'C �rf two f3A Y' `rolo q cr org mmto:rc imcr cii in c000namiK 04 � CHRISTI p lcut archelping to make adifTcrm, e to pmtccr our local ,,,as^"` FLIER ecrronn, nl Themes4,l,u1 mt}knnnt for ivnrd reacmu. Flows To Sratnttal nlrun lure,.,c ocutcd l hnughool dic m,, rhn ® d community projed serve to caret rein x t r offortmo slr Is Puking lots to(reale awareness oo GRAND oo en. not s as, nubhf ohoods and ague ilaual lands slarm water pollution_ PRAIRIE +1hcrc 1 is then chamteled I nn oar coy s storm dainsarid ddcho, Its final destination is our crocks.Naffs, lakes and —' FLIER txao,, 6ne.,time,,,such things as traIh.grass clippings, ht/w,i ea xIslcandofl agoearciessic dumped inmthaslonn wtcr, tin This causes not only pollouon to our enusull ® C TT uUalcr Nol results ,,the dogging of Storm natcr Iris,that T RAJ H MOTOR lead to Ir J flooding. T pn nl I axlcr e l t i OILghh YrvM Ls. th r ,` 19Ae k'rznrJa¢s Haste przIIror siAi hmicnc,.. or:rt_ na •k I.. . d 1 A v r,i,, t t 1't ,to r'hoee I .�<t :a �t ,ra,�r.�. „-„> l:�i ,tm,jn, .,It 19 GRASS CLIPPI I'll"11' Kcqulr•rymrincSS Shunrwr p;ss,bls. il ,„n ,l , ,na...... h' dxI'm V �m�W plv t tit Pn:&` ti t d IL; uich GREASE ,Li..oe.1 d„..cn I'd, a t Ilk,tlr.'f ru I _ I r+ghM 1 Ilh mnc tkstrcW l-,,I PESTICIDES ` Itp. r d6.i^Je ntpinµ. eu�iemP,m�h,smm”Wata l fmhrw 111JI111111110 uff rirrli + ® ANTIFREEZE �; u, I f rlian t I Ili ('iK6 vk rn q t Srvm np 1 ,1A t 1 +h Clt of t ,,e C hor,fi T=rink+ Ida otP�ir�1r Stm-m Water Hotline (try d 11� aQ 8811-3800 CCh�nti (back) 26 (front) ( oili,IJS ( 111HS'I,I J?tR 11 Storm Water Stenciling Program win paint a alike stripe an the inlet, tutors n template. idler the whiee pone has ade4 the green the team will stencil the message,"Do Not Dump,Flaws a volution to the pollution. :a gen hanffie.We mil m,on it additional of {�G solution O Y tviri[e and greed Icons depending on IFa number of volunteers attending. The City or Corpus Christi storm water Stenciling A.epar.hlgfiai,iiwr Stenciling Program Program was developed in 1992 and funded be Ibe City The ON of Co Christi Storm Water Stenciling of Corpus Christi Water Division, use Texas miss b Doing ilia job right. Depamnent of Transpon.aticr and the Pan Aufloody Pig{. is mode possible through the help of volunteer There are over 13,000 learn watmdurn inlets in the of Compares Clu'istL Through the assistance of organizations. A presentation will be mode by a city, City area cannot inspect all of them in one vast, volunteers,such a rself',men able to stencil a reprasenlalive of the City of Coins Christi Water Often times, such thin"as h'esil,grass eli"firl", I sste mm eater drain inlets 1, revision Ir hot,poem understand,our,duties Your team bags,and her zardous nasm me den red simple message on prevent plastic s pe illegal discharges of pollutants into the City's storm leader or group organizer will be year primary nrnlacl tirelessly into storm water drains. This c not mater sewer system. The message,"DO NOT DUNCP Person,in case a change of events is made Your team only poilalion to our coastal wffieq but result in the FLOWS TO DAY"is inrponant for several reasons leaderand the City represenlarvebse agreed to stencil clogging of storm water Gres the 1 lead to street a speck neighborhood,rather,,an,fary own. flooding. Thi e"S.i-ou should knon•abase Helpful tips You car holp be pan of the Solmion m the eiJamin Stalin Hah"T If ydrive n eye,partiaipatad in the Sturm Were, Your teen oar Inspect the card for trash this can be Shorn water done lives are located throughout me city_ Stenciling Program, as re onnered that eau below done b)'looking at Ilia smmh wateraleme inlet while Stern water drain inletsae openingsia draftee clubs these tips on the held derv+ c shooing in hone of it P,cre,emon storm viler drain that allow rainwater runcffte e¢Im. Then serve to seats Ihze are overpoUated milli mash laid debris.CIY 8 — Amvz at the design nedmeeting place by 8moo as workerswihi faikw-upmr ems repo¢. cagy r vabr off mbar streets,Parkin lots, coca mtroadvar sites, neighborhoods and agdeulmwl _ grearold dothesand conifonable shoes. grads,where it is then has H ws into om ca t sources Yon may get a bit of paint oil them Ill'Ct•ent in)I the best nlfdiniiv, drains turd into or dwells P"rinfir,vo ill,land pollution(NPs)is washed by raiN'all oR ire land and — Werra hat wd son screen. You will find that the Storm Na[er Stenciling Program into our creeks-bays,lakes and ocean. — Tie a string to a recyclable cup and..err it on a stirs Ibe horeal of residents whore n painting no h te eft loop War Diwsuachiverswilledeliver their street curb. For this re ask,oluntccrs were,to you. to Fang a notice on the door to advise residents of the Let pear town leadclo..v ifyou have a.vagon prevention or poilalion in their Neighborhood You will Islander- j.om reA,bighsaygmadmaaroil c. Radio Fl The are useful far car all lie[be required on knock on one door or speak to arpwne dram imnpnrdl <t- yet) y rY1°g n rent the I lime the brochure oa the the araphes. Program.limp Y 0lnwd and /ima lava A.. .luau — Ask yin parent(s)or frond )to pen eipate Ili door. ibis,lint calo, are progracra nigh you .The more help tie have, 11he"t ale I,° 9 la ces,,araerial aaanneu she faster we Knish our designated stenciling area Rl'reusl'.IYlll un'ed P11011p6 to help. 'the bank that you w➢1 IDrd the time rewarding and gut fm" rlidnotancrov°e al°"n''"d ]That willyos he dotilgc enjoyable.You will have dedecoadone Saturday Ybe a There arc Picnry of assignmemsfor ull volunteers,lour ins I.help improve the quality of oorwalehs.� In re Celilbrm b°dmia fora IIICBnfivhldlSc,dein¢fin team lender wit]mlate instruments One of tl,a primary Imo we bare a s,aaial gill for you wMmlc and loommrs ssigmnents includes painting a message on the City's Sq' (➢ImomMmds f de°ones eehaede ^r,a simm waterdrain nets Volualearsuihl base P a d e f — qry of um liner mlc pmaW crmsld m,yarac imo awhhe tea•„and nn ffor learn The.vinile team 27 .nt•t-J I)AI t; Wilin t•tmtntit LAI n 01 an Americans You can malte a who change their own oil. difference! I onlu10%ottnem disposeof their waste oil 11 uou cnange in the proper manner. UOUC own 011 Recucle used oil. e • L - einll ❑ f.. n.f re di don't dumo it, ° leo goo,ggogn f ernes I eumpaa be as, send n a th 111.131L 16 Recucle it! �y�y\ li u e--'or ll d b he 6 v Idez. And.....uing 1,to EPA.one gallon of used oil son ealn foaaaa.golone offr h car" G 4 O { � n {} O I' -sol bl . .at toad [ be s, O ' d oa..U. d ' 'loft tort <Q SeGYaeYi cols tll ivy Ls-! q ly lend[ ^-.. mNCh has be-Iln z'd to—o dvbNcrs our 'O I after sedans bestIl pmblams. We sonnot afford 10 have our drinking water 1 ootsminat d.le o of ne he's,sL Jacue eeponslhiny for transform m used all from e aunnd fiber, a a nivJOr vscl. FaI eses urwonsidir pl c==11 Don't forget: ; You can make a difference) ., � I, IIt` � � If you chan your own oil, .CQi, ony """ t ge a don't dump it.Recycle itl �iLl of Frt-,lide R 21n360.eoef a o e G How is used oilrecucled? Recucuno Is as easu as 1.2.3! p Repmc sN :Udall T p'w..'fide Here`s how It's done. Idrs, 1 tP,oe hl tdl'a tl lturo I —a.. ltaared m remmv oil Jet soil nc 0 R—offernh.lbrouyh rc neue aeod ail.an be until end Without avioerc I eegquesry or' y o toamu.oblo. Whelna p d '9212 qudn t b ar,y.11 raqulms erkl M ( top)—,'airier. 4 go is F d ill. y g 1 1 e all is g%Y f1kJ g v N.rjug U dPl 'he t P 1 f' 'd' n,,I or p dC(.nild, Mu not dump on? slhe ff ,u,na—aoab d a,uaghal' Beco lk first of ell is oednv.in, al Tuxes law 1eMe d! L A fourfold a P 9 aagf S dmzsow. Used] dooncul rkln,1 p _ a Recucling centers are landfilE w conuenlentlu located throughout Tat ' "`�"Ia rn n ,r-aenl 1p 'J In a Grand Prairie.ChecM this list e n 1 ,..—,f "v. �ntt section e a oil for the center nearest uou. aI.k y Ir °`°'rs 1 l . iron,ye hum o r ang a lJOUmA (If, . an .....cul oroaloflo nur.,no creole .11slul�aota i Ilr toueanrrfn'e k,., on o?Ins 1,,.,,rare ee llre a>m9wang or 2505 Sanro Forte 41),'N eaWSoule.vt.bll cuvernt<hyore In ywrfull killse l4aa'w Plante. 2i0i 5E Sth liR1Ni\V.f9IN StrCO1 ae msla llenl[they lNliake NI I Oa stays in the environment a lane rine. 14,1261 y4uNai a.undif Itnmy rake-race.m biod—.dc David's Exane N Career ParA vay Texaoo i Many smdlllef suba nbvash.-.f.l.n lbe 1)[W Tmnm(FoaC one K."If."Perkwey Ion l',wn as one of, sC 'Qyg3 17—, Used mote: ollna s lax lo sir a Genoese,Ant.Parts Parinyay Huon When li— na,. utnskturn inch d 11r,,Idr Ihairyl 405 W.Hghsay 31St 2 ee5 Covin'Pakway It 1, I ' ! dlll Or tvl1 P p d p I.b ti I aJdf Is 1-.10 f 41 sure Buy y tlpe d or.is a t the r arJ yP _ d.. Hvrmgmns Texae. PLPB n p ael.enor-adenine, rCt d [ f L tl N.Mc Ines, 421L ILI L .' ell I ..prms.�.d d e.. r.aAa r,a.sued 212(lo3 en�y{Y Uevmgs_ _ HRB Aul.motive WazreofsTes Iee)oil$'mm „I:-.—C,a`° Important: 2URemember: ear-(ifs 2624 an Don'ta m other wastes with used ad, Req cling conserves our resou Ices Lvnds E...n Western Aura Such mixtures can create a and protects our euvimnmeut em.h HIgIIW<ry and any N.culPa tray ltaw rdoufesubstsnce and make zo+aan cm IKill recycling more difficult (city or organization letterhead) APPENDIX FOR IMMEDIATE RELEASE (Date) STORM DRAIN STENCILING PROJECT AIMS TO REDUCE WATER POLLUTION SAMPLE NEWS RELEASE This (Saturday) (INSERT DAY OR DATE), you might see a group of people painting a (INSERT APPROPRIATE DESCRIPTION, i.e., "green and white') sign on the storm drain inlets in your neighborhood.These volunteers are participating in a project to alert residents that dumping in storm drains pollutes lakes,rivers,bays and streams.The city of (OR, ORGANIZATION) is sponsoring this project as part of its effort to reduce nonpoint source pollution. Much of the pollution in areas streams and lakes comes from common, every-day materi- als,like household chemicals,fertilizers,pesticides,gasoline,used motor oil and antifreeze and litter. These substances are washed by rainwater from our streets, yards, driveways and parking lots into storm drain inlets. Contrary to what many people think,these storm drains don't lead to wastewater treatment plants. They carry untreated storm water di- rectly into area lakes and streams. Deliberate dumping of hazardous materials into storm sewers makes the pollution prob- lem worse. Motor oil is often dumped down storm drains,yet just one quart can ruin the quality of 250,000 gallons of water.Dumping oil and other hazardous substances is illegal in Texas.Residents are encouraged to recycle these materials instead. The stenciled message (SAY WHAT THE MESSAGE IS)is there to remind citizens not to dump waste into storm sewers or contribute more pollutants to ordi- nary storm water runoff by littering,overfertilizing or sweeping yard debris into the street. (CITY OFFICIAL OR SPOKESPERSON FOR COMMUNITY ORGANIZATION) pointed out that storm drain stenciling has been used successfully in others cities to reduce nonpoint source pollution. "Every citizen has a role in preventing pollution," he (she) said. "These kinds of projects work because they get government, volunteer groups and businesses working together to solve a common problem." The (VOLUNTEER GROUP)will be stenciling storm drains in the following neighborhoods on (DATE): (LIST NEIGHBORHOODS) Several businesses and government agencies are cosponsoring this event. They include (LIST SPONSORS,DONORS,ETC.) For more information,call 29 APPENDIX STORM DRAINS AND WATER POLLUTION :30 Radio PSA ANNCIL Contrary to popular belief,the storm drains on our neighborhood streets do not lead to a water treatment plant. They lead to nearby creeks, which flow SI S1U�lPLli PU]DIE into the River. (Substitute_Lake or Bay.)If hazardous ma- ANNOUNCE- terials like motor off and antifreeze get dumped into a storm drain,they end DI ENT S up in the (river). And that's bad for all of us. So don't dump waste down your neighborhood storm drains.Help keep our waterways clean.For more information, call Announcement courtesty of and this station. STORM DRAINS AND WATER POLLUTION :60 Radio PSA ANNCR: Contrary to popular belief,the storm drains on our neighborhood streets do not lead to a water treatment plant.They lead to nearby creeks, which flow into the River. (Substitute_Lake or Bay.)So when hazard- ' ous materials like motor oil and antifreeze get dumped into a storm drain,or when street trash and garden chemicals wash into the sewer after a rain,they end up in the (river). And that's bad for all of us. You can help keep our waterways clean.Don't litter and don't use fertilizers and pesticides before a rain. And never dump any kind of waste down your neighborhood storm drains. The is looking for volunteers to label storm drains with the message" ."If you can help,call This message brought to you by CLEAN TEXAS 2000 and 30 gR ; NovenbeT9'19 Sage iIPPI NnIX week oUStoo GYtCOPtc\e ��\ ` � f�`, ubUcbev AolC�e o �eeIw s QrrV o " e�Ua n lioBe�ev Iq Y r pcobtt yp°CtYattr+ t earnaoyetoU wet°°pssn� tons Qject o% St1�IPL13 bent' �` e�apr ant uc etsc g°C opppte?c g Q°a o ptlan v teem NEWSPAPER 0 Stor" a OY- CLIPPINGS ��eFf �orres90 eao"j!n'4°an M omettu"yeptm out. Beµteete e}et,w euDp'tQti>ti p° q,c C, gUe�� -{o t s w� u e `uaQgw- °a gcn pu put�P\� / ,.apNw pn °etncmot one.tNoye,a wupcm. `1 K 1E. �' yep,VP P°. tbeT ents.' It % ep Aiiou"- e auecUYa yvenGuttlotb1.ngteo- ou thegtUeaguioet' a�� "etb°yovs,8a9andyLe .��g�yto¢�cpm Cad ot�11en1ttk+YUwpers%q Get° Psn,u�O GWeUSrtsov?pytonepepre'nus+g l Bne"a �erin�G4 C°O 'S900 tut s,tw motile U°ods NS 00PnO°4. CO ,be We'telo ie. tica dt tYte to S�pPP ytjorth'' °non GO�nn� �vePUyeto? 'tve �8 Co 9e�eRV t��spt6bee�UeBet tarp e can°je ■n. °nom p°npeW' becop Una°n Dra PeU�P� rte pet'epO�eUt9 4° Gi S m& e p ubU°gb ut`�tEt yy �at�ii/ Continued from Page I. edU� stopped their efforts. L/ "Another stencil part says, 'Dump No Waste, Drains To Bey," Wehs said. 'You might just end up eating p it from fish in the 13)�or the Golf, t bllt its not meant to be literal.It's ` really just a way to get people to b t.what they're putting IFf Wells said People dump every. thing from toxic chemicals such ae 1 t 9gr oil, to leaves and lawn clip- '° I "The latvtt clippings help block the ,,e M sewers and the bayous, she said. "The blockage helps create worse flooding, not that anYthmg could have prevented the Hoods we've had dy¢gdttly./just think people weon- For example, Wells said one quart of motor oil creates an oil sheen on {tldpd water the length of football Th are' roCim el 2.9miII- t � 4", li0o gallons of��urban Cy ydumped I from Houston into the Gulf,., she Marxslemel phmo said. People aren't beinfig mall- . cious,although it is illegal. Hat it's Mary I dJSt�rfpr environen ONcAs°s Y8y' mtender the s11e11 fish are �q�Ellen WO'�pprkhdef s:e. bd, ydn-si rh:e ston out Corps. RYhe'W'aIlQiR{Sersl%hold the banner. Wells said the Project Will con- y ou t mac on Washington Avenue from Merest to Houston Ave.All volun- t ers are supplied With colorful sts, Protective gloves, stencils d Paint.They also receive train- it afrom a city of Houston employyee i `how to stencil, and are give pl'I). I t�RA?m cones and barriers In hose interested in PBrticipating in the stonn drain stenciling project oaaaaaagggggg Call the city of Houston House- �g bW7ardous Waste Department, i1JIJ1J NJ)JX ,J ((ON1:) 8V010 o h t. Grp h j7�J{�l �p POST EM1 biRON�$PgR .,C'U !al) psfop j>OS[-_ I long An item 9EP Rr Band �v 4lat+ pcto6er gal op used of d 2.8 mill ct+ntats for used Ylj �y� T ) ¢.Y in ba e Statist, J'ear�es�r�mg r8at. ITaYOp-11111,17,is Betting nio arbor ena�u,/ �f'l/OU L n'ilBut beucS. accordt,S to s0-dabNo wastr ' FCU area dfatnshn to Paint loan Cpo,gam to h s all b X' °tfi°ta pAr w It liet8sag are, tha is°De no X wh ch hr,t dr°n. '1)P'pd0 alp c ui tnd Is rorp d er w° f ofli g1) Vol u a a hrb eleb7e oil,Yar isehar °ld be efa)s orning n(eers °ry the I et Armed w such POlt brls. daL ging th Aollul- Hems after will co ends, rth Pal u. {ntn stoRAings', tra elr mtoo krashi c°nfere a to,"M at mdnyrofn0-dumR� PS klnSe,�ved °�Xbe asnrrthaa pbeenand der eD rhep�g� �venue 1, at a 4S{ in Hot+st he gS•0( $?nessa be&p elfeet7ie use bfita t0rtps In m t bFtk mrsa co I °n that arp Storm his aq Itsehej AkSS b slr9Ali ' not ,f ant of eg ea th oiti, rl 1 e dr P ut al ci[Ya r es !t e tv of the ains Bit. so nd the A an L)e Rrhear 32.Sg3 ofiiC'ia(s because Rarks ap DeParf dffunian Parl rd Tome zf,ra93 [;tl`ndrnvestment stop t No Nato,,,Endineerent of pu5er. V - y Private too t a Cal, COtryxnrsevourcn-1)8 tfteTet- e •n;`_W ,.11n 111-an ra, 11 `-yil-'�.CG./+�`_ �sbbuld 6e Gulf nton greaon, the Co n-d th ih OpyiLwu S �ry.thereto dr . �vt bvc toa�tj' 1)i �aeie fjteA°taJdAt�a. IT o ea,r — wl Y mt��oel11l a"SeUtand Impor[an[ in - died and a upofp Ilehud- d 1 ail I Ihid ma ing: You osaid this warty" dram atuida OWntounstom says Th c65sto tl ,Strecon Also the Bat,c-t bk ly 5aithe.5moming it Isn't mostmpodaat mi drains are Dcpa¢mentho IYblioWorlm add,a ror"a ravespaued a big the afar[of fiG a Symbol and Ycllotc baclmm dymnied a aew nr-"slily " � ad f'- Process" a Plml eduraROUal one-third ofo?'a oaruore O an ° arumot ffi wioc,ciog Pariosten b2smnmednal,flax,,In,( ,01 CI b elu t rse c-tbyylocol4-Ii a ongla ,J;i a,oa mind that Alm,backsm.13wando, polln on olareven a t;OOpetadve damped into voile ail Simon d mied kJ acwsdbg to I to s a the 01rinfon rojrot pollum"more storm drain oan Wordingmhlobma edsstcnoiled Co uston-0alve:i°t:"cad tons ofwalarinda:million gaJ. Sbcmiwls;Drai=�,"NOOil or Th M.nvabde T"s"n'lenn -Ily noticeable t to Bo'" 'pc_ kf mo"ap, an d M.me Exte'.Wo,��a Can o N Ci6scns Pawn,bo[Hnsaods of atag id a E co, in, to Younger had z::oAgenm Wilde zcnt locations Tr ese prom- o's times Cu-71, 17w, shove-I-hv,I ioHm s of mciyyo for sooms the Glocsse stenci l also akel Simoni rht Clmnnaa cadySnood s,ImlJ o2 at Ycarad, M o ashamp. rtmt-n y"encillm,of es'.dn(l-I"ncinfti person inn elsewherume Wean, ,I. an in I stmnr NlnGen.szt g i U Pp I,I are the do doaIrs in and warningon smnu�i'au-?Olmiev .aP 7,ihlmch at,The LID,c it idrmtmmn urm- [ "TYreseyoun, ,lotmammoothi:additional cedthra,here nbitina theirtl nl e{�rot- d Ylm art ntsub- mnmen- a!�erect th t me api�dc elfods�o /tin Is aP to o cot,onludin, a IS Pat ent ly m iha cum,ad coamiutd- rnelmulvedin rh ,, a a. ISper"'m AmbnAmm.,-slai amn Fi', — CAMAStiff'@ MoideP.Apd lo,11)95 3 Pilot pro s rainwater runoff pollu on Campaign shows the dangers in evelydaq eft nary —v''�+cd-�,,, n p pr aai ttdldt not -I d �a atone ,ml nPPS da m d' - - aCtIP1tlCStot ° l'�Ine ee had domatt .v I , Id and c of 1 linkers 1 1 c ILy h b on, maid,,th ,n,ili and ni Bt eeicn o senFFea h k 1,mmtvaii- aH [ t p a p t t h dl p t fi k a sc n TII Watcriled P k uoo P lit d cu t f I h m ,re son p opl al o f d Lot andfi. tl - P d, Ildbvm l,lt cal tbl il, tpf laid [ dtdN I hp-. gtlt - d A 1 t -h ti E tm and p d p I l- d , [ s dN n fvl Cl t k fpinaim". t-1 oe to,in tl d +, manning Son Ik1 L i t d l°n. l h Th ae„e - ftl F i t l , al l - [ d d I , t sin , a ctt fi l ling ,onpomt ot,-c poll e d t d t l -a ftuourcc- hh,a m t nh'4o hill coma c ttl dx r ton b,t Pa rid I d v 11 pp , ,h I s hid et ofd ci tl' wo t l d I a oacanngffl a c, [sill fi .,b ,c y ty t tl 3h]0 d t -59p Oho d 11 M1 i t p n w1) 'h Will i t 'd. B, nmi g h ailed nonpo'l aa t poi hoe I o�d t"I he Fort B h dv I I u t n,lt Coo o m I h p tl m in p d that l pp, is 111L,olhtil ai moon tr led hooardous Cis,k Sb a 1 Clock and 1s, dean m,Land their to in,alums on n le mAii Pm, f t Ili k Wo sheds doe t 9 tc,a6 carded L,m umks ar�d Ro,dd Deck an,licd,,s"d ae IFropa, linea- WE WANT TO HEAR FROM YOU We'd like to know if this manual was helpful to you. Please rank the content of each of the following sections on a scale of 1 to 5,with 1 being not helpful and 5 being very helpful. r AO Circle the appropriate number: P" 1. Introduction and discussion of Nonpoint Source Pollution 1 2 3 4 5 ~� 2. Description of storm drain stenciling (materials,content,placement) 1 2 3 4 5 w 3. How storm drain stenciling programs operate (safety,the city's role) 1 2 3 4 5 1 4. Working with volunteers 1 2 3 4 5 5. Stenciling as an educational tool 1 2 3 4 5 6. Assessing the effectiveness of storm drain stenciling 1 2 3 4 5 7. Profiles of Texas programs 1 2 3 4 5 8. Appendices(liability forms,materials list,stenciling instructions, 1 2 3 4 5 safety procedures,data tracking forms,recognition certificate,public education materials, sample news release,sample PSAs). Please tell as about your city. 1. Did your city have a storm drain labeling program in place ❑ Yes ❑ No before you received this manual? 2. Did you use this manual to start a storm drain labeling program? ❑ Yes ❑ No 3. Did you use this manual to change or add to an ongoing storm ❑ Yes ❑ No drain labeling program? 4. If there is a storm drain labeling program in your city: What method is used? ❑ Ceramic file ❑ Aluminum plate ❑ Spray-painted message using stencil on painted background ❑ Spray-painted message applied directly to inlet(no background) ❑ Stencil using ink roller with painted background ❑ Stencil using ink roller on inlet(no background) ❑ Other(describe) When did the program start? How many drains have been labeled(approximately)? Please fax this form to What message is applied to the inlets? TNRCC(512-239-3175) or mail it to CLEAN TEXAS 2000,MC 113, Who does the storm drain labeling? ❑ City workers ❑ Volunteer groups 1'.O.Box 13087,Austin, Texas 78711-3087. Name of person filling out form Affiliation Address Phone 33 APPENDIX 2-ILLICIT DISCHARGE DETECTION AND ELLVHNATION A Guidance Manual for Identifying and Eliminating Illicit Connections to Municipal Separate Storm Sewer Systems (MSA) Prepared by: Galveston County Health District Pollution Control Division In Cooperation with: Houston- Galveston Area Council, Galveston BayEstuary Program, and Texas Commission on Environmental Quality (formerly: Texas Natural Resource Conservation Commission) August 2002 Table of Contents Introduction ........................................................................................................................ I I. Mapping ......................................................................................................................... 3 11. Initial Dry Weather Flow Survey.................................................................................. 4 III. Tracers ......................................................................................................................... 4 A. Physical Tracers ............................................................................................... 5 1. Color ..................................................................................................... 5 2. Odor ...................................................................................................... 6 3. Turbidity................................................................................................ 7 4. Water Temperature ............................................................................... 8 5. Flow ...................................................................................................... 8 6. Other Relevant Observations ................................................................ 9 B. Biological Tracers .......................................................................................... 11 1. Bacteria ............................................................................................... 11 C. Chemical Tracers ............................................................................................ 13 1. Dissolved Oxygen ............................................................................... 13 2. pH ........................................................................................................ 14 3. Chlorine ............................................................................................... 16 4. Ammonia............................................................................................. 18 5. Phosphates ........................................................................................... 19 D. Confirmation Techniques ............................................................................... 20 1. Dye Testing ......................................................................................... 20 2. Optical Brighteners ............................................................................. 23 3. Televising ............................................................................................ 26 E. Future Tracers ................................................................................................. 26 1. DNA .................................................................................................... 26 2. Caffeine ............................................................................................... 27 3. Pharmaceuticals/Drugs ........................................................................ 27 4. Viruses ................................................................................................ 28 5. Infared heat detection systems (IHDS) ............................................... 28 i IV. Sampling .................................................................................................................. 28 A. Preparing to Sample ....................................................................................... 29 B. Collecting Samples ......................................................................................... 29 C. Using the Sample Results ............................................................................... 30 V. Documentation and Reporting ................................................................................... 31 Appendices A. References &,Literature Cited B. Glossary C. Field Investigation Sheet D. Charcoal Packet Processing and Elution E. Optical Brightener Equipment List F. Optical Brightener Data Sheet G. Optical Brightener Quality Assurance/Quality Control Sheet H Magnolia Creek Station I. Sampling Equipment List J. Field Sampling Sheet K. Summary of Illicit Connection Investigation (Supervisor Report) L. Table 1. Field Survey Parameters and Associated Non-Storm Water Flow Source Categories M. Investigation Check List N. Tracer Summary Datasheet ii Introduction This guidance manual for identifying and eliminating illicit connections to municipal separate storm sewer systems (MS4)was developed for two reasons. First, as atool to assist all MS4 operators with Phase I and Phase II storm water program compliance, and second, to address the goals and needs of The Galveston Bay Plan: The Comprehensive Conservation and Management Plan for Galveston Bay(The Plan). This manual outlines MS4 mapping options, dry weather survey procedures, sampling methods and illicit connection investigative techniques. This guidance manual also provides alternative ideas for municipalities to choose what is best suited for them based upon budget, personnel, and time constraints. Background: In 1972, the Federal Water Pollution Control Act was passed with the intent to eliminate the discharge of pollutants into navigable waters, to protect and propagate shellfish and wildlife, to provide for recreation in or on the waters of the nation, and to prohibit the discharge of toxic pollutants in concentrations which would impair the multiple uses of all waters. Over the next thirty years, various legislation was enacted that addressed aspects of both point source and non-point source(NPS)pollution. By 1994,the"National Water Quality Inventory" indicated that storm water discharges from sources such as separate storm sewers, construction sites, waste disposal sites, and resource extraction activities were major causes of water quality impairment. One estuarine survey highlighted in the inventoryfound nearly fifty percent(50%) of the identified cases of water quality impairment were attributed to storm water runoff or NPS pollution. The National Pollutant Discharge Elimination System (NPDES)Phase I Storm Water regulations were developed in response to the 1987 Amendments to the Clean Water Act(CWA). Under Phase I, the Environmental Protection Agency (EPA) mandated medium and large municipal separate storm sewer systems(MS4) located in incorporated communities or counties with populations of 100,000 or more to permit their storm water discharges. Plus,NPDES Phase I permits became required for eleven categories of industrial activities, including anyconstruction activity disturbing five or more acres of land. The regulations included the incentive to adopt "no exposure"practices in commercial and industrial operations and were intended to produce significant reductions in pollutant discharges and improvement in surface water quality. Ultimately, federally mandated Phase 11 Storm Water Regulations were passed to address the small MS4s (serving less than 100,000 persons). Effective February 2000, small MS4 operators in urbanized areas and construction sites that disturb one to five acres became regulated. EPA believes that the implementation of the six minimum control measures identified for small MS4s should significantly reduce pollutants in urban storm water compared to existing levels. One of the six measures is the detection and elimination of illicit discharges to the MS4s. Illicit discharges include wastes and wastewater from non-storm water sources. illicit discharges enter the MS4 through either direct connections such as piping mistakenly or deliberately connected to the storm drains or indirect connections such as infiltration into the MS4 from cracked sanitary sewer pipes. 1 i In 1994, the Galveston Bay National Estuary Program also completed the development of The Galveston Bay Plan: The Comprehensive Conservation and Management Plan for Galveston Bay(The Plan). Galveston Bay provides huge economic benefits to the region and the state. The Plan identified the threats to the bay resulting from pollution, development and overuse,then outlined a management strategy to maintain or improve the natural resources of the bay. The bay's second most serious problem was identified as being NPS pollution resulting from storm water runoff. There are sixteen initiatives in The Plan to reduce or eliminate NPS pollution. The first initiative is to help local municipalities implement storm water pollution prevention programs. The Plan also has six initiatives related to point source pollution. hi the past, discharges of pollutants from municipal and industrial wastewater treatment plants have upset the healthy balance of marine life in portions of the Galveston Bay estuarysystem. However, since the 1970's,the closely regulated permitting process has successfully reduced the pollutant loadings from large municipal and industrial discharges. The primary concerns today relate to wet weather by-passes and overflows, compliance issues with small wastewater treatment plants and illicit storm sewer connections. Initiative PS-5 of The Plan requires the implementation of a dry- weather illegal connections program. The objective is to actively search for illicit connections to the MS4s and eliminate them. Figure 1: Identifying and Eliminating Illicit Connections Flow Chart Obtain Drainage Maps— Initial Survey Complaint Response System/ Illicit Discharge Connection Hotline Visual Screening on tributaries to locate outfolls with dry weather flow Sampling: Detailed Screening -- Visual Inspection: Note color,odor, bacteriological,pH, flow,floatables,stains,biological ammonia,chlorine, / \ Indicators,and other pertinent detergents,phosphates, \\\\ observations Dissolved oxygen,the/micals etc, Televising storm and sanitary lines Optical Brightener Testing Dye Test Contamination Identified I Corrective Action I Ensure outfall remains uncontaminated 2 I. Mapping Mapping is the first critical step in the detection and elimination of illicit connections between the sanitary and I ltse a walking slick for storm sewer systems. Accurate maps will enhance record balance and to warn off keeping, facilitate investigations, and improve efficiency of snakes. ! Wear field personnel. Detailed maps plus thorough field shank w anorkb000ts foreei investigation notes will be invaluable for identifying the foot protection. sources of the dry weather flows detected throughout any I Wear snake goads if walking through tall grass&brush. MS4- If maps are not created, the investigator will spend I Carry a cell Phone if atone. valuable time trying to locate the points of entry which I Use two-wayradios ifparmoroi. facilitate tracking during the initial and detailed surveys. Two options for Mapping: Owners or operators of the MS4 basically have two options when creating their maps. Either Geographic Informational System (GIS) or AutoCAD (computer assisted drawing)maps can be designed/updated or paper maps using U.S. Quadrangles, aerial photos, and/or street maps must be fabricated/created by hand. Combining GIS with AutoCAD provides the greatest flexibility and advantage to the MS4 operator/owner. Electronic mapping is the most desirable because it will meet today's information needs plus prepare the cities/utility districts for federal assets inventory responsibilities in the future. • Electronic base maps may be acquired from several sources. Cities in Galveston County may acquire base maps with street names, property lines, ownership information, property values, etc. from the Galveston Central Appraisal District. Other cities may choose to get TIGER files from the Census Bureau or digitized base maps maybe available from their own county appraisal districts or Houston-Galveston Area Council. Electronic maps which have sanitary sewer lines (including pipe size and flow direction), manholes and lift stations overlaid with storm sewer lines, manholes, inlets and outfalls are the investigator's most useful tool. Electronic maps can be constructed using different methods. Collecting global positioning satellite (GPS) coordinates on all manholes, outfalls, etc. provide the Geographic Information System(GIS) specialist with the data to `layer' information onto the base map. Conversely, geo-referenced satellite imagery allows all the information to be digitized direetlywithout field GPS coordinates. • Hand drawn paper maps. U.S. Quadrangles (Quads) have very good scale, topographic lines, and details regarding land uses. However, Quads are not updated on a regular basis. Aerial photos or satellite images, which are taken every few years in some locations,will help update specific Quads for your area but enlarged area street/highway maps maybe the best maps to build upon. Since many are given away free of charge, they can be copied and enlarged to draw lines detailing drainage ditches. Arrows can also be used to indicate where and on which side of the ditch a storm water outfall is located. 3 Color coding maps. Color is the easiest way to designate problems and review accumulated data at-a-glance. Color is good for designating which outfalls have dry weather flow and which do not. Color can be used to separate"flows" into categories based upon volume (gallons per minute). Color can also be used to record information about problem areas upstream of an outfall with a dry weather flow. Use what works best for you. II. Initial Dry Weather Flow Survey After maps are completed, dry weather flows must be located. Investigators should walk, drive or float each waterway to identify outfalls having flow. Surveys should not be conducted within 12 hours of a rainfall event or until run-off has ceased. GCHD found 72 hours to be necessary after a significant rainfall. Conduct the surveyas follows: • Label map outfalls with appropriate color to indicate flow/non-flow. • Document physical characteristics of all dry weather flows using the Illicit Discharge/ Connection Field Investigation Sheet found in Appendix C. • Conduct field analyses on each flow and document. See Section III-A. • Collect lab samples at this time as needed. See Sections 111-13, III-C and IV-B. On rare occasions an illicit connection may be identified duringthe initial surveybut usually multiple detailed investigations are necessary. Physical characteristics, field analyses and laboratory tests are collectively known as "Tracers"and are described in detail in the following section. III. Tracers A tracer is a distinct characteristic,parameter or combination of such used to test for the presence of a pollutant(s). An ideal tracer should have the following traits: • promotes time efficiency for field investigator(s), • inexpensive, • easy to perform in the field(requires minimum training to receive good results), • provides results in the field(exception: laboratory samples), • measures appropriate detection limits, • produces a measurable concentration for comparison against a non-polluted standard, • stable characteristics with no significant concentration change over time due to physical, chemical or biological processes, • non-toxic to the environment(having no waste to return to lab for proper disposal), and/or • appropriate to the situation (residential vs. industrial). 4 A. Physical Tracers The presence of color, odor,turbidity, water temperature, estimated flow rates, biological activity, floatables, oil sheens and other observations can be very useful in identifying an illicit connection. Occasionally, these indicators can be used alone but are best used in conjunction with other field and/or lab tests to correctly identify a pollution source. 1. Color The color of water is influenced bythe presence or absence of substances such as metallic salts, organic matter, dissolved or suspended materials. Water appearance or color may also be an important indicator of water quality problems. The following are common colors and their possible causes (Kolbe): Color Possible Sources Tan to brown Runoff from rainfall event, construction, or soil erosion Blue green/brown green Plankton bloom, sewage,fertilizer runoff, vehicular wash water or"tracing dye" Milky white Paint, lime, mills, or grease Milky or dirty dishwater gray Gray water or wastewater, musty odor present Black Septic wastewater, sulfuric acid spill or a turnover of oxygen depleted water. Hydrogen sulfide odor usually present Dark red, purple, blue, black Industry- fabric dye, paper ink Orange-red Leachate from iron deposits; Tracing dye; Deposits on stream beds often associated with oil well operations such as brine water discharges; oily sheen or petroleum odor may be present. Bright yellow green Anti-freeze,tracing dye or algal bloom 5 ryt v,' MOM h° Figure 2. Source of brown flow was Figure 3. Source of blue-green flow was sediment. sewage. �Yw. 2 Retl Figure 4. Source of white flow was Figure 5. Source of blue water was a oar grease from a fast food restaurant. wash facility. Technique 41 -the investigator makes a subjective visual description. Technique 42-The New Zealand National Institute of Water and Atmospheric Research developed a technique using a viewing box in conjunction with the Munsell Color Coding System. Comparison cards are used to match the color of the water. A viewing box and set of cards cost approximately$800. Pros: Easy to track colored water upstream through underground drainage system. Cons: Not every illicit discharge will have a color to trace. 2. Odor Odor has very subjective characteristics and differs from one individual to another. Plus an investigator's ability to detect odors may change during the time of exposure. Because of this phenomenon, odors should be noted when first approaching an outfall or storm drain opening. 6 The following are some common odors and their probable causes: Odor Possible Sources Musty Raw or partially treated sewage, livestock waste, algae Rotten egg/Hydrogen Sulfide Raw sewage, sulfuric acid, anaerobic water Sewage/fecal Raw sewage Chlorine Broken drinking water line, sprinkler runoff, swimming pool backwash water, wastewater treatment plant discharge, industrial discharges Sharp, pungent odor Chemicals or pesticides Gasoline, spent petroleum Industrial discharge, illegal dumping of wastes or waste water. Pros: An odor can be very helpful in identifying the source of the flow or narrowing the area of focus. Cons: Not every illicit flow will have an odor. Investigators can become de-sensitized to a particular odor within minutes of exposure. 3. Turbidity Turbidity in water is caused bysuspended clayparticles, silt, finely divided organic and inorganic matter, plankton and microscopic organisms. Movement of the water keeps these materials in suspension and prevents sunlight from filtering through the water. The heavier the turbidity,the more opaque the water appears. Highly turbid water can clog fish gills, reduce photosynthesis, and obscure in-stream habitat. Where a highly turbid flow exists there may be an illicit discharge occurring. Technique 41 - collect a quantity of water in a white bucket and estimate the turbidity based upon how cloudythe water appears. Assign a ranking such as high,medium, or low turbidity. Technique 42 -use a turbidity meter. Commercial meters measure the amount of light allowed to pass through a glass tube filled with a solution. However, turbidity meters are not 100% accurate and not everymeter is accurate for all conditions. Some meters work best in low turbidity while others are more accurate in medium or heavy turbidity Others require several correction factors to improve their accuracy. Pros: The"type" of turbidity may help identify the source of the flow. Cons: Turbidity alone will not identify whether multiple sources are present. No single meter is good for all conditions. 7 4. Water Temperature The temperature of the dry weather flow can sometimes be useful in identifying flows T Allow 1 minute for contaminated by sanitary wastewater. Household and thermometer or probe commercial sewage tends to have a consistently warm temperature year round. Therefore, during to stabilize. � colder months, any sewage escaping from the T Thermometer,water sanitary sewer into the storm sewer system may leave sample, and sampling container a temperature trail. should NOT be in direct sunlight or exposed to a strong breeze. Technique 41 - collect a quantity of sample in a bucket then submerge the tip of a thermometer in the water. Take the reading while bulb is submerged. Technique 42-use a multi-probe meter with a temperature probe, submerge the probe directly in the stream or submerge the probe into a bucket of sample water. Take reading while probe is submerged. Pros: Inexpensive and time efficient. Cons: Only helpful in cold weather otherwise, temperature difference is not significant enough to track. 5. Flow Determining flow will help set investigation priorities. High flow but minimal contamination may take precedent over a lower flow with higher pollutant level. Two simple and inexpensive techniques that can be used to monitor flow. Techni ug e#1 -use a bucket Case Study#1: Setting investigation priorities based upon flow. and a stopwatch. This Two outfalls have E.coli results of>24,000 mpn/100ml,but one method must have a drop outfall has a flow of 1 gpm and the second outfall has a 3 gpm space large enough to flow,the outfall with the higher flow rate and higher impact accommodate a measuring would take priority for investigation. The actual bacteria loading, container(bucket)under the from a source point to the receiving stream,can be calculated lower edge of the outfall. using the bacteria and flow data. The number of bacteria in a 100 Either the container is held tril sample along with the flow in gallons per minute is entered tinder the outfall for one into the following formula: minute and the volume of Bacteria(x)gpm(x)54800*=bacteria/day. the flow is measured or the time for"how fast the container fills"is recorded. Either way, the gallons per minute can easilybe calculated. This procedure should be conducted at least 3 times and an average taken. The latter option is best suited for very small flows. 8 Technique#2-use a tracing dye or floatable item such as a cheese ball, match, or cork, a tape measure, a stop watch, and two people. First, measure the distance from the outfall to the first upstream storm water manhole. Second, one person drops the floatable object into the upstream manhole and starts the stop watch. Third, as the object flows out the pipe,the time is documented. Repeat this procedure two more times and take an average of the results. Next, calculate the volume of the channel segment to finish determining flow. Distance = Time = Velocity Velocity x Volume = Flow Pros: Inexpensive method and time efficient Outfall investigations can be prioritized Cons: The flow, using the above methods, is an estimate and not exact The end of the pipe can be submerged malting the bucket method non- functional. The floatable may be hindered or trapped due to uneven substrate or excessive debris within the underground pipe. Case Study#2: Using flow as an indicator of contamination. During an intensive survey, a storm water outfall that is usually dry was found to have a heavy flow of$5 gpm. The water was clear with few or no solids. There was no strong odor associated with the flow. But suds were present in the receiving stream. Since there had been no significant rainfall for more than seven (7) days, further investigation was warranted. A sanitary sewer overflow(SSO)was located upstream. The manhole lid was straining the solids and the wastewater was flowing directly into a nearby storm drain inlet. 6. Other Relevant Observations "Other" observations about the outfall, the area surrounding the outfal I, or activities occurring in the vicinity will sometimes give clues to the source of a cf flow or the causeof the pollution. Noting these observations and using them to complete the x investigation"puzzle"wi I I provide a complete picture. Figure 6. Trash and debris washed out of the storm drain. 9 E ` -a� pff� X 3 6:�E' Figure 8. Oil dumped at a storm drain outfall. Figure 7. Heavy algal flow. • Debris includes trash, leaves, and grass clippings • Floatables are from a sanitary waste, commercial or an industrial source • Vegetation such as algae or"sewer lilies"is present w only around and in close proximity of the storm water outfall. • Lack of any vegetation or stunted plant life may indicate a problem. • Stains of deposits-dark stains, crystalline, oil, or Figure 9.Paint stained concrete. amorphous powder • Sewage fungus, Sphaerotilus natans, is a soft, gray, filamentous bacteria. When present in large quantities,the bacteria will form a sheet or layer which can be seen with the naked eye. It is found primarily in areas polluted by wastewater or activated sludge and is associated with low dissolved oxygen conditions. The growth of S. natans is stimulated by nitrogen and phosphorus • Surface scum, film, or foam and an associated color may indicate possible sources of contamination. Figure 10. Rainbow sheen on water caused by oil. I Figure 11. White foam from soap. 10 Figure 12. Surface stun from sewage. Surface Scum Possible Sources Tan foam Harmless, cause is high flow or wave action White foam Found around wastewater outfalls,thin, mostly due to soaps Yellow, brown, black film Tree pollens Rainbow film Oil or other fuel type Activities in the watershed may also indicate causes or sources of contamination: Lawn mowing- illegal dumping of organic waste, ie. grass clippings. Construction activities - source of sediment, heavy turbidity,petroleum products associated with large equipment. Livestock such as horses, cows, etc. - contribute contamination in the form of bacteria, nutrients and organic matter. B. Biological Tracers Biological tracers include all things living or that grow. Certain organisms are known to indicate polluted or lesser quality waters. >_ Examples are listedbelow: Mullet are an example of an opportunistic Mulldt fish species that tend to congregate around "easy"nutrients such as sewage solids flowing from a storm water outfall. Red-eared sliders are turtles which like "easy" nutrients and their presence may indicate a possible storm water outfall anaF = t problem. Sewage fungus, Sphaerotilus natans t " Lush green vegetation around an outfall especiallywhen other vegetation is less t green or less dense may indicate a nutrient source. Red-eared slider 1. Bacteria Pathogenic organisms are prevalent in fecal contaminated water and pose a great risk to human health. Due to their T E.coli for fresh variety and the complexity involved in identifying water ; individual types of bacteria, indicator organisms are used to T assess the potential for presence of pathogens due to fecal enterococci for contamination(Samadpour). A group of bacteria called fecal coliforms can be detected using a relatively simple tidal or salt water laboratory method but they are not specific to warm- 0 T fecal coliforni for al I T MCI 11 blooded animals and the test may produce false positives. The species,Esherichia coli (E. coli), is part of the fecal coliform group and is specific to humans and other warm-blooded animals. EPA recommends it as the best freshwater indicator organism when evaluating health risk for recreational waters. If the water body in question is salt water or tidally influenced waters, enterococci bacteria should be used as the indicator organism due to its ability to survive in high salinity conditions. Bacterial sampling depends on available funding. Even though relatively inexpensive, collecting ten to twelve samples in one day could cost$ 100 or more. The bacteriological sampling technique is as follows: 1. Whenever possible, bacteria samples should be collected directly into a sterile, 100 ml bottle. If a sampling device such as a bucket must be used, the bucket must be rinsed several tunes with the water to be sampled. The bacteria sample shall be collected before anymeters are placed in the sampled water. 2. The sample bottle shall be properly labeled with the site ID, date, and analysis desired and placed in ice immediately. 3. Deliver to laboratory for testing. Costs are fairly inexpensive (range $ 8- $ 12 each) and results are usually available within 24 hours. If bacterial testing was done, the results can be used in conjunction with flow data to determine the bacterial loading to the receiving waters (See case study#3). Pros: Good indicator of pollution sources Inexpensive Easy sampling technique Get results quickly Cons: Use sterile conditions to avoid contamination Samples must be returned to laboratory within six(6)hours of collection for results to be valid Case Study 43: Calculating the Human Equivalence (HE) of a contaminated flow. If the fecal sample result equals 24,000 mpn/100 ml and the flow from an outfall is measured to be 3,gpm, then the Bacterial Loading will equal 3,945,600,000 fecal coliform. If one adult human is equivalent to 2 billion fecal coliform per day,then 3,945,600,000 2,000,000,000 will equal 1.97 adults. This result may indicate that the source is from a very small flow such as a single house or the leak into the storm system if very small. Bacteriaresults X flow (gpm)X 54800^Bacterial Loading(bacteria/day) Bacterial Loading 2,000,000,000 =Human Equivalent(HE) 12 C. Chemical Tracers Measuring the chemical characteristics or make-up of a dry weather flow will help the investigator track the source of the flow and identify the cause of the contamination or vice versa. Chemical tests are needed to supplement the physical parameters noted and confirm contamination. Chemical tracers can either be tested for in the field, if the right equipment is available, or samples maybe taken to a laboratory for analyses. The chemical tests -DO, pH, chlorine, ammonia, phosphate, dye testing, and optical brighteners - are described below. Each section includes approximate costs, equipment needs, sampling tips, and the pros and cons of each test. A case study is also included to illustrate how each chemical test was helpful in locating an illicit connection for GCHD. Salinity, specific conductance,total suspended solids, biological oxygen demand, and fluoride also may be useful indicators on occasion but they have not been discussed in this manual. Plus, other tests available to the investigator(organics, metals, etc.) are not discussed in this manual. Cost per test or requirements such as ultra clean sampling techniques make some tests prohibitive for small entities. 1. Dissolved Oxygen Dissolved oxygen(DO) is essential for the continued survival of most aquatic organisms. The Guidance for Assessing Texas Surface and Finished Drinking Water Quality Data, 2002 designates aquatic life uses for all water bodies as exceptional, high, intermediate, limited, or no significant aquatic life use. In freshwater, the absolute minimum criteria are 4.0, 3.0, 3.0, 2.0, 1.5 milligram per liter(mg/L) respectively. Several factors affect the ability of water to absorb and hold dissolved oxygen. As water temperatures increase, DO generally decreases. Also, an algal bloom will increase the DO during the day while the sarne bloom will consume or"use"the oxygen at night sometimes causing total depletion. Lastly, bacteria metabolize available DO during the decomposition of organic matter. Methods for measuring Dissolved Oxygen: There are three methods for measuring DO. The choice of procedure depends on the interferences present, the accuracy desired, and, in some cases, convenience or expedience. • The Winkler Method is a titration procedure based on the oxidizing To collect water samples property of DO. It involves performing a for DO measurements: 5-10 minute analytical test on a quantity T Do NOT agitate/aerate P,,j of sample water in the field. A field kit water to be measured. iYJ can be assembled using equipment from T Submerse probe an existing lab or a Digital Titrator/ completely in bucket of sample Modified Winkler kit may be purchased water and stir slowly(about 1 for approximately$200. revolution/second for at least 90 • Two (2) colorimetric tests are available seconds (SWAM)) or until the from Hach Corporation for screening display stabilizes. 13 proposes. First, a colored disc comparitor is used to match the color of the solution generated by adding chemical reagents. Second, a hand-held colorimeter is used to measure the color intensity after being mixed with the appropriate reagents. Both are read directly from the devices. The methodology for each kit is explained in the instruction manual. • DO meters use membrane covered electrodes to measure the rate of diffusion of molecular oxygen across a membrane. ADO meter can be purchased as a stand alone meter or as a multi-probe instrument having multiple functions such as temperature, pH, conductivity, and/or salinity. Meter prices range from$800 to $5,000 depending on the capabilities of the meter. Pros Simple, easy to learn procedures. Colorimetdc kits: relatively inexpensive. Meters: produce fastest results. Cons Low DO is not positive indication of pollution. Low DO may be due to warm water temperatures. Bucket or telescoping pole required to collect sufficient sample volume. Sampling technique will potentially add DO to water. DO meters: require significant initial investment but have low long term costs. Meter: requires regular calibration and maintenance. 2. pH Potential hydrogen(plT) measures the hydrogen ion activity in solution. Waters with a pH less than 7 are considered to be acidic while water with a pH greater than 7 are alkaline or basic. A pH between 6.5 and 8.2 is considered ideal for a healthy enviromnent. Conversely, levels below 5.0 and above 10.5 can cause unhealthy stream conditions for aquatic life. Normal storm water, and even sanitary wastewater, has a pH around 7 or neutral. Since pH is logarithmic, a pH of 4.0 is ten times more acidic than a pH of 5.0. Measuring pH can identify whether the flow is industrial, commercial or domestic in nature. Not only does pH affect aquatic life, but pH may To collect water samples for also influence the toxicity of other chemicals. p H measurements: Ammonia becomes more poisonous in high pH T Avoid collecting sediment (basic) solutions and heavy metals can leach out with water to be measured. of stream sediment in acidic solutions (NVRC). T Stir probe slowly(about 1 Industries that release low pH(acidic) dry revolution/secondfor at least 90 seconds weather discharges include(but are not limited (S WQM))or until the display stabilizes. to) textile mills,pharmaceutical manufacturers, T Rinse probe with de-ionized water metal finishers/fabricators, as well as between readings and before storage. companies producing resins, fertilizers and T Even if a meter and probe are used, pesticides. In contrast, industries releasing high 14 pH (alkaline) wastes are commonlysoap manufacturers, textile mills, metal plating industries, steel mills, and producers of rubber or plastic. Methods for measuring pH: There are three (3) methods for measuring pH. • pH paper is available in several different ranges. Besides the full range (0-14),they can be purchased for the high,mid, or low ranges. • Test strips provide semi-quantitative results. One supplier advertised 50 test strips for less than $10. • Colorimetric methods such as a color cube kits, color disc kits or a pocket colorimeter use a reagent to produce a color which is then matched to the comparitor or measured for light transmission. Colorimeters are more accurate than the color discs which are more accurate then the color cube kits. The methodology for each kit is explained in the instruction manual. Kits range from $15 - $55. • A pH meter with electrode produces the fastest and most accurate results. However, probes are susceptible to fouling by oil and greases. Meter prices range from $450 to $1000. Pros Method is excellent detector of chemical releases pH paper: very inexpensive, quick and easy to use PH colorimetric tests: relatively inexpensive, accurate results PH meter: moderate in price, best results in fastest time Cons Method is insufficient indicator of sanitary sewer discharges PH paper: must be kept dry and stored in cool, dark place pH paper: is not very accurate for small changes pH meters: require routine calibrations and maintenance of probe Case Study#4: Using pH as an indicator of contamination While performing routine mapping and sampling, a milky wti;, white discharge was found flowing from a storm water � .1„�+ fr outfall. A crystalized film had formed on the water °� µ surface and a white deposit was settling out on the bottom ,r of the "pool.” A pH of 12 was measured at the outfall but ;t decreased to 9.5 about 10 yards downstream. Upstream of i M.r �;. the outfall, a large amount of time had been spread over a construction site to condition the soil. Because there were no silt fences at the site, rainfall and/or other water runoff was causing the time slurry to flow into a drainage ditch and thence to the storm drain outfall. Lime is veryalkaline in nature and therefore accounts for the high pH measurements. 15 Case Study 45: Investigation of contamination using pH levels. An unusually high flow with a pH of 11.07 was found discharging from a storm water outfall. Investigative tracking of the pH revealed the source to be a car dealership. Paint and vehicular wash water was being discharged to a floor drain which had been plumbed to the ditch instead of the sanitary sewer. A Harris County Pollution Control Department investigator was called in to assist with getting the facility to correct the illegal plumbing. Before After ti 3. Chlorine While beneficial for public health reasons (killing pathogenic organisms), chlorine is also harmful to the environment. Its lethal affect depends on concentration and time of exposure. Final wastewater treatment plant effluent and potable water are usuallythe only waters disinfected with chlorine. However, chlorine is also used in the production of plastics, cleaning products and insecticides. Therefore, detecting a chlorine residual in a dryweather flow and then tracking it upstream through an underground drainage system will usually result in locating the source of a contaminated discharge or cross-connection. In times of water shortages, it also helps to identify sprinkler systems with excess run-off or breaks in a drinking water line. Chlorine also interferes with lab tests such as BOD, cyanide and pesticide/herbicide testing. Therefore, samples known to have a Cl,residual must be dechlorinated (treated with sodium thiosulfate to remove the Cl, ions)when the samples are collected or before analysis begins (SWQM, TNRCC). Methods for testing chlorine residual: Water samples are tested for free and/or total Cl, residual depending on the method used. Overall, the process of preparing the sample and reading the results takes a maximum of 5 minutes. Free Cl.residual are read immediately whereas, total C12 residual tests usually require the sample to stand for a period of time before reading the results. For exact specifications refer to your kit's instruction manual. 16 • Chlorine test strips can be used to detect higher concentrations of chlorine (0.5, 1.0, 2.0, etc.) as would be found in a discharge from a swimming pool filtration system. Test strips provide semi-quantitative results. The individually wrapped strips cost around 50¢ each. • colorimetric test kits such as a color cube kit, color disc kit or a pocket colorimeter use a reagent to produce a color which is then matched to a comparitor or measured for light transmission. Colorimeters are more accurate than the color discs which are more accurate then the color cube kits. The methodology for each kit is explained in the instruction manual. Kits range from $55 - $325. Pros All methods are quick and easy to perform Able to identify water line breaks Can detect illegal pool, spa discharges, and vehicular wash water Cons Test strips do not detect low concentrations Cost per test strip is moderately high Very few outfal Is have a significant enough amount of chlorine to be able to track upstream Meters require regular calibration and maintenance Case Study 46: Using chlorine as an indicator to locate an illicit discharge. Using a high-beam cordless spotlight, billowing suds were discovered accumulating within a large concrete storm drain which discharged directly into a creek. The chlorine residual was >3 mg/l. Tracking upstream, the flow became cloudy with a whitish hue and had a pungent odor. The flow originated at anearby fast-food restaurant that had a large grease spill in the dumpster area. The grease had been sprinkled with hTh chlorine and was being power washed. All wastewater was flowing into an open pipe in the driveway. The open pipe drained directly into the storm drain. Management was notified of the violation and actions were taken to correct the matter immediately. I'VII�I�ViVIVIII � �,q�4�4�p '��°e? jT x - 17 4. Ammonia Ammonia(NH,) is produced by the decomposition of plant and animal protein. Ammonia is also a main ingredient in fertilizers. Its presence in surface waters usually indicates domestic or agricultural pollution. At certain levels, ammonia is toxic to fish and creates an oxygen demand in the receiving water. It is also an excellent indication of contamination by sanitary wastewater. Methods for measuring ammonia: There are several methods available to test for the presence of ammonia. Some of the methods are less accurate but can still be used as a screening tool. The methods are listed below. • Ammonia nitrogen test strips are available to measure ammonia in increments of 0, 0.25, 0.5, 1.0, 3.0, & 6.0 parts per million (ppm) or mg/L. Test strips provide semi- quantitative results. Each test strip costs— 60¢ and they are available in packages of twenty-five(25). • Colorimetric test kits such as a color cube kit, color disc kit or a pocket colorimeter use a reagent to produce a color which is then matched to a comparitor or measured for light transmission. Colorimeters are more accurate than the color discs which are more accurate then the color cube kits. Most kits are available in ranges -high, medium, and low concentrations. The smallest increment available in any kit is 0.1 mg/L. While not acceptable for determining surface water quality, it can be used to screen for pollution sources. The methodology for each kit is explained in the instruction manual.-Kits range from $30 - $325. • Portable ISE meters with ammonia sensing electrodes are available for field use. The cost of a meter with the required electrode will range from $1,000 -to $1,500. The methodology for the meter is explained in the owner's instruction manual. There are accuracy issues with the electrodes, see Cons below. • Analytical tests can be conducted in a laboratory. Water samples are collected and returned to the lab for analysis. Costs per test range from $20 - $30. This test is the most accurate available but turn-around time for results is a major hindrance. Pros Test strips and kits easy to use in the field. Test strips and kits provide results in the field which can facilitate immediate tracking. Good indicator of sanitary sewage. Cons Time consuming: depending on which kit is used-can take up to 15- 20 minutes per sample analysis. Most of the time values are too small to track. Additional steps must be taken to negate the interferences: saltwater may interfere with test methods reducing accuracy up to 30%; chlorine must be removed from sample prior to testing; iron, sulfides, and extreme hardness in the water will also cause interferences. Regular calibration and maintenance required on all meters. 18 Case Study 47: Elevated ammonia levels from sanitary sewage For more than twenty years, residents had complained about persistent sanitary sewer problems. During an intensive sampling event, investigators noted a foul odor associated with the drainage ditch and storm water outfall. Biological indicators, such as red-eared slider turtles, plus ammonia levels measuring up to 7.32mg/L and high levels of E. coli bacteria confirmed the presence of an illicit connection. After several investigation attempts, it was discovered that two residential service lines had been hooked up to the storm " sewer instead of the sanitary sewer. Wastewater was draining straight into the drainage ditch behind the owners' property. The proper authorities were contacted and the problem was corrected. _, . 5. Phosphates Phosphorus occurs in natural water and wastewaters almost solely as phosphate. A certain amount of phosphate is essential fro most plants and animals, but too much phosphate in water can contribute to eutrophication. Phosphates may enter water from agricultural run-off an biological and industrial wastes. They maybe added to water in municipal and industrial water treatment processes to control corrosion. Phosphates(PO,)were most commonly found in soap and detergent discharges from household and industrial laundering activities and are common ingredients in fertilizers. Methods for measuring phosphates: There are several methods available to test for the presence of phosphates. Some of the methods are less accurate but can still be used as a screening tool. The methods are listed below. • Orthophosphate test strips are available to measure phosphorus in increments of 0, 5.0, 100, 200, &500 parts per million (ppm) or mg/L. Test strips provide semi- quantitative results. Each test strip costs—30¢ and they are available in packages of fifty(50). • Colorimetric test kits such as a color cube kit, color disc kit or a pocket colorimeter use a reagent to produce a color which is then matched to a comparitor or measured for light transmission. Colorimeters are more accurate than the color discs which are more accurate then the color cube kits. Most kits are available in ranges- high, medium, and low concentrations. The smallest increment available in any kit is 0.02 mg/L. While these kits are not acceptable for determining surface water quality, they can be used to screen for pollution sources. The methodology for each kit is explained in the instruction manual. Kits range from $20 - $325. • Analytical tests can be conducted in a laboratory Water samples are collected and returned to the lab for analysis. Costs per test range from $18 - $30. This test is the most accurate available but turn-around time for results is a major hindrance. 19 Pros Test strips and kits: easy to use in the field. Test strips and kits:provide results in the field which can facilitate immediate tracking. Cons Test strips: accurate for gross contamination only. Test kits: depending on which kit is used - can take up to 15-20 minutes per sample analysis. Most of the time values are too small to track. Some amount of PO4 can be found at almost every outfall because it is naturally occurring, fertilizer run-off from lawns is common and residential car washing generally produces a run-off. Case Study#8: Using phosphates to identify an illicit discharge A outfall was investigated due to elevated bacteria levels detected in a continuous dry weather flow estimated at>5 gpm. The flow was followed to the first manhole upstream where an incoming lateral line that was discharging sudsy water. A POA level of 3.10 mg/L was measured. The lateral line was coming from a car dealership where two problems were identified. First, the shop floor was cleaned by hosing the wastewater outside to a storm drain located in the driveway and, second,vehicles were being washed next to the garage instead of on the car wash pad. All wastewater was flowing directly into the storm grate. s s � D. Confirmation Techniques 1. Dye Testing Dye testing uses a brightly colored, fluorescent substance to detect leaks in the sewage system, locate illegal sewer connections,trace cross connections, monitor flow studies, analyze septic systems and track groundwater movement. Tracing dye is available in many forms- liquid, tablet,powder, wax, and strips. Liquid dye is very concentrated and disperses quickly. It is easyto use and works well in all volumes of flow. Dye strips are similar to the liquid but are less messy. Powder can be very messy and roust dissolve in liquid to reach its full potential. Tablets are compressed powder and 20 are particularly useful for releasing dye over time. Tablets are less messy than the powder form. All forms of the dye stain hands and clothes so caution should be taken when handling the containers. Latex gloves provide a good barrier and adequate hand protection. Tracing dye is available in different colors such as blue,red, violet, and yellow-green. Several colors should be kept on hand so multiple lines can be tested at the same time. When dye testing, use the color which creates the greatest contrast with the receiving water. Yellow-green dye is the preferred dye because of its great contrast in color but it disappears quickly in sunlight. Red, however, is most helpful when there is a lot of algae present. Red also withstands sunlight and lingers in the environment longer. Equipment needed for dye testing: • fluorescent dyes, • rubber or latex gloves, • manhole book or pick ax, • camera(for documentation), • high power flashlight, • two-way radios (if two investigators). Methods for conducting dye testing: Depending on the scenario,there are different techniques for dye testing. It is always helpful to have two people testing but one person can complete the job. Ideally, one person drops the dye and the second person looks for evidence of dye downstream. • If a residential property is suspect, dye can be placed in the house clean-out and washed downline using a nearby hose(seek permission from the property owner first). If dye surfaces in the storm drain system, then the problem most likely exists in the service line for this private property. The property owner should be informed of the situation and served a notice to make necessary repairs. • When a commercial property needs to be tested, dye should be flushed down a restroom toilet or washed down the janitor's sink(speak to manager or owners first). Flush quickly and repeatedly to prevent staining. If dye surfaces in the storm system, it is most likely the commercial business responsibility to fix the problem. Inform the manager or owner and serve a notice to make repairs. • To dye test a sanitary sewer line, choose a sanitary manhole upstream of the storm water outfall or upstream of where the sanitary line crosses the storm line or upstream of the area of concern. Choose the upstream sanitary manhole that has no odor, color, or any other relevant observations that may signify apollution source. if dye surfaces in the storm drain system, the problem and responsibility most likely lies with the city or utility district. 21 • If dye does not surface in the storm drain after a period of time or if the investigator cannot wait for the dye T Heavy flows from rain, a to surface, secure charcoal packets garden hose, or flushing a any place where dye is expected to toilet several times, can speed surface. Leave the packets in place for a week or two then retrieve and up the dye testing process. T A partially blocked sanitary sewer line analyze. Complete instructions for can slow down the dye process or give processing the charcoal packets are false results. provided in Appendix D. The T A fully charged or blocked sanitary charcoal packets are necessary sewer line maybe the only time a cross- because dye can take anywhere from connection occurs and is detectable. a few minutes to days to surface in the storm drainage system. Even though another site visit must be made, the packets save time. Personnel do not have to wait at the site and multiple check-backs and/or risk of missing the dye is avoided. Case Study 99:Dye testing to confirm sewer leak at private home Elevated bacteria levels at a storm water outfall led to an upstream investigation and additional sampling. Results narrowed the area of concern and the city storm sewer lines were televised. No problems were located so residential homes were dye tested via clean outs. Dye from one home surfaced in the storm sewer. The residential service line was televised and two breaks were identified. The line was repaired at the owners expense. Case Study 410: Dye testing a sump pump to confirm an illicit connection During routine ambient monitoring, a white, 2 inch PVC pipe was found gushing water directly into a creek for about 30 seconds and then the discharge stopped. The pipe was located next to a car i repair shop. An investigation revealed a sump pump located in the underground area of the shop. Knowing these units function intermittently,the sump was dye tested. After filling with enough water,the pump turned on and dye discharged out of the PVC pipe at the creek. City representatives were informed of the illicit connection and asked to oversee needed repairs. 22 Pros Dye is water soluble, biodegradable, fairly stable, has a low toxicity and has been used for over 100 years Highly detectable and only a small amount is needed Relatively inexpensive Can narrow down the pollution source area to a street block or even a specific house or building Cons Can be very time consuming. May require several check backs if charcoal packets are not used. 2. Optical Brightener- Optical brighteners (OB), or fabric whitening agents, are good tracers because they indicate a presence of laundry effluent which is specific to humans. OB's can be used to identify storm drain cross connections, sewage system exfiltration, and faulty septic systems, plus differentiate between human and animal waste. Equipment needed for OB detection: Below is a brief list of the primaryneeds. A complete equipment list can be found in Appendix E. Start up costs for all materials can range anywhere from $100 to $500, the most expensive item being the UV light. • Individually wrapped, untreated cotton pads, • Vinyl-coated "cages"to hold the pads, • A 4-6 watt fluorescent ultraviolet light box. Method for deploying optical brightener traps: Optical brightener placement is best suited for pipes, storm drains P, and small streams (out of direct sunlight). • Insert untreated cotton pad into the vinyl-coated cage and secure the cage shut using a zip tie or rubber band. (See picture at right.) • Secure the cage in the pipe, storm sewer, or ., y„ s� •. stream using high test monofilanrent line tied to Figure 13: Optical Brightener Device a rock, a manhole lid (with holes), aluminum (tent) spikes, or a nearby branch. • Complete Field Investigation Sheet(Appendix C) and collect bacterial samples (if needed) on the day of deployment. • On the OB Data Sheet(See Appendix F), list the site 1D, date of deployment, and various locations of cage(s). Expose the cage device for approximately? days. Leave out longer if heavy rainfall has occurred. (This time frame allows for at least one laundry event to take place.) If dry weather flow contains heavy sediment or debris, shorten the deployment time period. • Temporarily install a rain gauge at the site if possible. 23 • During retrieval,rinse the gauze pads in the receiving water to remove excess sediment. • Squeeze excess water from the pad and place pad in clean zip lock baggie, n; • Label a piece of dark manila folder with the site ID or location, date of placement, amount of rainfall and the date of retrieval and staple to the gauze pad. Place pad with label in a clean baggie and transport in a dark container to minimize exposure to the sun. • Complete data sheets with the date of retrieval,number of days the pad was exposed ` Figure 14: On device deployed in storm to a flow and total rainfall(See Appendix F). drain. • Return to office or lab and dry pads by hanging them on a clean monofilament line in a dark area. • After the pads have dried,place the gauze pad(with attached label)under aUV light to check for fluorescence. A L V light box is the simplest method for examining the pads, otherwise use a UV light strip in a T',Do NOT touch darkened room. gauze pad to clothing • Compare a"control"pad (clean)to the or hands that may have dried pads and rate each as Positive, laundry detergent Negative, or Inconclusive. A pad having a residual. definite glow or fluorescence is positive T Check cages after heavy rainfall for exposure to grey water. A pad that to ensure devices are still secure. looks similar to the control is negative for T Do NOT use white paper labels. laundry wastewater. Any pads with an They may contain optical inconclusive or questionable result should brighteners and will contaminate have the location retested. Consider the sample. lengthening the new pad's exposure time. • At least 10%of the dried pads should be re-read by a second trained personnel for Quality Control (See Appendix G). GCHD recommends 100% QC check for confirmation. A negative pad may occur at a flow with high bacterial contamination. The source may be from a non-detergent using facility or be agricultural in nature. If only the outfall was tested and the pad was positive, the site should be re-tested along with several upstream sites to narrow down the area of the source. Bacteria sampling at each upstream site is also beneficial. OB success rate may be improved if: • they are deployed in a constant, dry weather flow rate • the sampling device (cage) is completely submerged so the entire gauze pad is exposed 24 • the device is hidden from public view (as much as possible) to avoid tampering • use an ultra-clean methodologyto minimize false positives Factors decreasing OB success rates include: • heavy rainfall • sediment and debris clogging or buying the gauze Pros Inexpensive supplies Animal /human waste differentiation Does not require a laboratory to attain results, One field personnel can complete all steps Cons Can be time consuming Results are not obtained for at least one week Heavy rains require longer deployment periods. Case Study# 11: Storm drain tracking using OB devices. Due to elevated bacteria levels (E. coli>24,000 mpn/100 ml) and a thick, white colored flow from a storm water outfall, an investigation of a residential area was under taken. The color was tracked and found in five (5)upstream storm water manholes. Between the 5`h and 6' manhole, painters were seen actively painting a home but the painters insisted that their paint brushes and equipment were washed inside the home and not outside. Initially, a break in the service line of this house was suspected but dye testing was negative. Dye surface in the sanitary line only. Next, optical brightener devices were placed at the outfall and in four(4) upstream storm water manholes. The devices were left for eight(8) days, retrieved, dried, and analyzed. At the time of retrieval, the manholes were no longer white and the painting had ceased. The outfall and I"upstream manhole were positive for optical brighteners while the other manholes were negative. Additional E. coli and ammonia sampling mirrored the OB results. E. coli was >24,000 mpn/100 ml at the outfall and the I'tmanhole and dropped to 200 mpn/l00 ml or below for the remaining upstream manholes. Ammonia was high at the outfall and first manhole, dropping considerably at the second. Using the E. coli, ammonia and OB results,the area of concern was localized to about 14 homes. The city televised the storm lines and found no problems so each home was scheduled for dye testing. Ironically, the first house tested revealed a problem and has been referred to the city for repairs. See Appendix H for map of sample sites and data. 25 3. Televising Cities with budgets capable of supporting a crew for televising have an advantage over those that do not. After the area of a possible pollution source is narrowed down, the surrounding sanitary and/or storm sewer lines can be televised to locate the exact position of the break, infiltration, or cross connection. This method is also much safer then having field personnel do confined space entries to look for pollution sources. Pros Best way to pinpoint exact location of breaks, infiltration, and cross connections. Video tapes can be viewed after crew has left the field Cons Very expensive to maintain equipment Crews (multiple employees) must be trained to operate equipment Require line cleaning before televising Cameras are limited on the size of pipes they can view Cameras cannot take pictures if pipes are full of liquid E. Future Tracers As this project was being implemented and the manual drafted, ongoing research identified several new and innovative technologies that were being developed to help determine pollution types and their sources. These tracers were not utilized for various reasons but brief discussions have been included for future reference. These new technologies include testing for DNA, caffeine, pharmaceuticals,viruses, and using infrared heat detection. This research should be reviewed periodically to determine whether a technique is applicable to a given situation, if it becomes cost effective, and whether necessary laboratory support is available. 1. DNA Microbial Source Tracking (MST)uses DNA testing, or"fingerprinting"of E. coli, to differentiate between human and non human waste. E. coli bacteria is found in all warm-blooded animals but each DNA sequence within every E. coli strain is different probably due to differing intestinal environments. This contrast is what will help determine if polluted waterways are actually contaminated with human sewage or animal waste runoff. The first step in DNA testing requires the building of a library of fingerprints, or isolates, taken from humans,wildlife and domestic animals. For example,waste samples must be obtained from cows, horses, deer, waterfowl, dogs, cats or any other known potential pollution source and analyzed. A few hundred isolates are needed per source to build a large enough library and the larger the library, the easier it is to match isolates. Dr. Samadpour's laboratory, who developed the MST method, has subtyped more than 65,000 E. coli strains. Unfortunately, libraries from other geographical areas should not be relied upon due to possible genetic variances. After the reference library is built, bacteria samples from unknown origins can then be compared to the library for 26 identification. Antibiotic resistance analysis (ARA) is also recommended to be used in conjunction with the DNA ribotying to make the results more reliable. ARA uses E. coli samples to determine antibiotic resistance. Humans having a higher resistance. Currently, the number of laboratories set up to analyze these types of samples are limited and the cost per test is significant. If starting from scratch, laboratory costs, including building the library and running DNA and ARA tests, are expensive. For example, the City of Albuquerque compiled a library of eight(8)different animals, including humans, and sampled 16 sites two (2) times each. Their costs were approximately $100,000 and their results were not absolute. (Over the next two years, the State of New Mexico will be conducting a study on eight(8) different sites testing for ARA and ribotyping). Additionally, highlytrained personnel are required to performed the tests due to the risk of error. 2. Caffeine Caffeine was investigated as a tracer for leaking sanitary sewer lines because it passes through the digestive system virtually unchanged and is persistent in the environment. Caffeine is generally found inhuman sewage only but maybe detected in certain plants such as watermelon. Presently, sample analysis is running about$100.00 per test which makes it financially infeasible for smaller cities and utility districts. Bench top methods may be run in-house but have a large margin of error. A study conducted in Puget Sound found caffeine present in more than 160 of the 216 samples collected. Contaminated samples were even found at depths of 640 feet. Scientists believe this wide spread contamination is due to Seattle motorists and coffee cart operators dumping cold coffee along streets and into storm drains. The city has since withdrawn plans to use caffeine as an indicator but there is every indication that caffeine testing may be beneficial for other cities. 3. Pharmaceuticals/Drugs Pharmaceuticals are being investigated due to increased awareness of their presence in major waterways. The FDA has begun asking pharmaceutical manufacturers what ecological effects may be caused by their products. The U.S. Geological Survey(USGS)reported finding"95 pharmaceutical hormones and other organic chemicals in U.S. waters." Most importantly, endocrine disrupters which change, imitate or block hormonal functions have been found in these waterways. During a 5-year study in London, England, the environmental agency investigated a decline inhuman male fertility. In conjunction with findings, male fish in nearbyrivers were found to be changing sex due to ethanol estradiol(a synthetic estrogen in urine of women using birth control pills) found in the waters. The decline in male fertility was suggested to be caused by men ingesting ethanol estradiol via drinking water. The chemical is thought to remain active for a month and surface water is the main source of drinking water in the study area Therefore, it is very possible that the chemical causing male fish to change sex could also be linked to male infertility. 27 4. Viruses Researchers have discovered human adenoviruses contaminating surface water along the California coastline. The methodology used to identify the viruses in coastal waters was originally used to trace pathogens in sewage. The presence of these viruses in such waterways supports the idea that the source of contamination is from human waste discharging into waterways. Unfortunately, it is not known whether the viruses are virulent. Interestingly enough, there are no significant correlations` .r between the presence of viruses and bacterial indicator levels (total coliforms, fecal coliforms and Enterococci). This news has serious implications so California has been asked to re-examine their water quality standards for recreational areas. The standards do not address the viral qual ity of those same waters. This concern brings -: rise to the question, "Should every state be re-examining their own `as. water quality standards in regards to viral quality?" 5. Infrared heat detection systems (IHDS) Arkansas Department of Health employee, John Church, devised a technique for locating leaking septic systems while watching the television show COPS. Infrared heat detection systems (IHDS) detect changes or variations in temperature. Based on the theorythat human waste is going to be significantly warmer than the ambient ground, the detection system can easily give a visual picture of a leaking septic system. In turn, this system can be used for bodies of water, such as lakes, to locate areas that are slightlywarmer possiblydue to wastewater inflow. This detection system tends to work best in colder seasons when the warm septic effluent or wastewater can be detected easier. The effectiveness of this system has not been tested in southern states with warmer climates. Nor has a hand held system been tested during ground surveillance. Church also used a state police helicopter with a Forward Looking Infrared (FLIR) imaging system, global positioning system(GPS), video equipment, and maps. Using the IHDS in aerial reconnaissance seemed to be cost effective if usage of the helicopter was donated. IV. Sampling As previously stated, sampling is conducted at the time that a dryweather flow is found or when priorities indicate an area needs to be resampled. Sampling and detailed investigations are best conducted in the morning when there are greater sanitary sewer flows from residential areas, during or after high use periods such as tourist season or holidays, or while tides are ebbing or at their lowest, if applicable. Determine the approximate number of samples to collect on a particular day by considering: < Physical proximity of dry weather flows to office or laboratory. How much time will be spent driving to and from the field sampling area? < Accessibility to the dry weather flows. Must the investigator walk from outfall to outfall or can he/she drive? Can the opening of the outfall be easily reached for sampling or does an upstream manhole have to be sampled? 28 < Many analytical tests have maximum holding times before they must be delivered • Take and to the lab and analyzed. consume plenty of < Some laboratories limit the time when drinking water. samples can be received for same day • Use sunscreen analysis and/or require pre-notification of repeatedly. plans to sample. • Use insect repellent as needed. What has the weather been like? (See • Use safety lights on vehicles, Section III. Initial Dry Weather Flow safety cones, and safety vests Survey.) All outfall sampling should occur when working along a roadway. only during periods of dry weather. A. Preparing to Sample < Once a sampling event is planned and scheduled, notify the laboratory as needed. < Gather the appropriate type and number of bottles for the intended tests including extra bottles required for lab duplicates, etc. See Appendix I . < Check bottles for cracks or splits, verify the "sterilized"tab is in-tact. < Follow established standard operating procedures (SOP) for sample preservatives. Acid preservation is placed in the sampling containers at the lab before departure or in the field using an acid kit. Pre-label bottles, if possible, using a water proof pen or marker. Include sample site i.d., date, preservation information, and analysis requested. Time of sampling and collector's name will be added in the field. < Assemble coolers with ice for sample preservation and transportation. The ice chests must be able to keep the samples at 4 °C or less for delivery to the lab. < Gather field meters and pre-calibrate according to approved methods. Document calibration and maintenance activities in permanent calibration logs developed for each meter used. • Pre-rinse the bucket 3 a times using the dry weather B. Collecting Samples flow before collecting water to fill sample < Travel to an outfall with a dry weather containers. flow. If receiving water and dryweather • The turkey baster or pump &tubing flow are mixed and backing up into the should be sanitized between outfalls drainage pipe, sample at the first upstream using a dilute chlorine solution. Rinse storm drain manhole where mixing does with dry weather flow before sampling. not occur. Complete field sampling sheet or make observations before sampling. See Appendix J. Collect dry weather flow directly into the sample containers or use a bucket or telescoping 29 sampling pole to collect the water sample. If the flow is too `" 4 small and/or if the flow does not"fall' into the container or w bucket, use a turkey baster, small hand pump or another such deviceto collect the water. • Preserve samples if still needed. • Immerse filled sample containers in ice for transportation to lab. Deliver samples to lab within required time limit. < Check in samples at lab, complete chain-of-custody Figure 15. Collecting a sample using telescoping sampling pole. p apers, < Enter field data into the proper database for later use. C. Using the Sample Results After lab results are obtained: • Label each outfall flow as pathogenic,toxic,nuisance, and/or aquatic life threatening for record keeping purposes. See Appendix K for"Summary of Illicit Connection Investigation." • Determine priorities for conducting detailed investigations of the underground storm drain system upstream of the outfalls experiencing a contaminated dry weather flow. -pathogenic and/or toxic problems should be addressed first due to human health risks. -use the pre-determined screening levels for each parameter plus flow data to identify which discharges pose the greatest threat. < Use a combination of physical, biological and chemical tracers to conduct each detailed • Enter confined investigation. Multiple tracers will give a spaces with required more detailed picture of what is occurring training and underground. Table 1 in Appendix L appropriate equipment --- -- indicates the most common pollution sources associated with each tracer. Refer to Section only. • Use proper tool for removing and III for specific"how to" instructions for each replacing manhole lids. tracer. Make an enlarged map of the underground "watershed" for each storm water outfall to be investigated. • Assemble equipment used to perform detailed investigations. Refer to the Investigation Check,List in Appendix M. • Begin the investigation by comparing current outfall and discharge conditions with previous information. If the same, choose the"best fit"tracer(s) and begin tracking upstream. Move systematically from manhole to manhole or sample each storm water manhole immediately upstream and downstream of where a sanitary sewer line crosses the storm sewer system. If the flow in the manhole is obviously contaminated, skip to the next upstream location to save time. 30 • Make notations on the underground"watershed" map indicating flows and directions or the lack of flow. Other observations are noted on additional Illicit Discharge Connection Field Investigations Sheets (See Appendix C) • Make observations about above ground conditions such as large trees, broken or shifted concrete or asphalt. Tree roots and shifted pipes are common causes of illicit connections. • Compile all information from "Illicit Discharge Connection Field Investigations Sheets" onto a"Tracer Summary Sheet"found in Appendix N. Use this summary sheet to determine the area of concern. • After localizing the area of concern, initiate dye testing or request the sewer line be televised to confirm the exact location of the illicit connection. Notify the responsible party to make the necessary repairs. • Once a repair is made or a pollution source is eliminated, resample any continuing flow from the outfall to verify there are no additional problems impacting the same storm sewer line. • Repeat investigation efforts if samples are unacceptable. Case Study#12: Using multiple tracers in a detailed investigation. While investigating one particular outfall, a total of thirteen (13)tracers plus other observations were used. They included six (6) physical tracers(color,odor,turbidity, water temperature, flow, and other observation), one biological tracer(E.coli), four (4) chemical tracers (pH, chlorine, ammonia, &phosphates) and three (3) confirmation techniques (dye testing, optical brighteners, and televising). Of the thirteen tracer used, only five (5)were helpful in identifying the area of concern in this situation. Dye testing the houses one-at-a-time identified the problem. V. Documentation and Reporting Documenting al I steps of an investigation is absolutely essential regardless of whether an investigator reports to a supervisor only, implements enforcement action or writes annual reports for a regulatory authority. Good record keeping will enhance the success and timely corrections of most identified illicit connections. Numerous sheets of paper will be generated during the mapping, surveying and detailed investigation activities. All of this information should be organized, evaluated, and summarized with the idea that legal enforcement action is a possibility. The process for eliminating identified illicit connections is shown in the flow chart on page 32. After confirming the existence and location of the illicit connection, some type of notice must be issued to the responsible party. The notice may be in the form of a work order to a city/district department or a notice of violation (NOV) delivered to a private citizen. Whatever the case, someone or some entity is responsible for making necessary repairs. The notice must include a time frame in which the repairs need to be made. Next,the investigator should conduct a check 31 back inspection at the end of the time Figure 2 HOW Chart for Corrective Action allowed. Should repairs not be complete Conlaminallcn Source and/or the contaminated flow continues, Identified several questions must be answered to 1 determine which strategy to use next. befermine Party Responsible for making Repairs Investigators may find that there 1S a Second !!!I illicit connection in the same MS4 or they Serve Notice or bocnmemation may choose to issue a second NOV for to Responsible Perry extenuating circumstances or they may Recommendation M dOy for Re mnr decide that enforcement is the next step 30 aays for Repairs to ba compiataa towards resolving the problem. If the Pnmostoe cei problem is resolved, all documentation Check back to Canfrm Repairs by samping or chackmg Flaw Not should be completed for reporting purposes. Cc.pC ohs ompletetl If enforcement is the option chosen, the correction confirmaa investigator has several options. First, city Enforcement plete ordinances maybe written to mandate repairs Com Documentation and enforcement procedures. Second, cities/districts may have the option of turning the case over to a county agency with enforcement capabilities; or third, the case may be referred to the state environmental agency for enforcement. Every program should create a standard operating procedure (SOP) so all cases are handled consistently and efficiently. Every illicit connection to the MS4 is an "unauthorized discharge"to the waters of the state and is a violation of the Texas Water Code §26.121. If the discharge is intentional for the purpose of avoiding pretreatment or disposal costs, immediate enforcement with repairs and mitigation may be the appropriate process. Unintentional discharges such as a cracked pipe caused by shifting soils is still an unauthorized discharge but is usually handled quite differently. Regardless,when wastewater firm the sanitary sewer escapes into the MS4 it is considered to be a by-pass of the treatment works and it is a reportable incident. The owner/operator of the sanitary sewer collection system has the responsibility of reporting the discharge as such. An illicit connections investigator will generate at least three types of reports from the data collected. First, if the municipality or utility district is responsible for making repairs, then work orders for the same should be written and given to the appropriate personnel. Second, periodic summary reports need to be sent to immediate supervisors for management purposes. Third, annual reports on eliminating illicit connections must be compiled for the state regulatory agency, the Texas Commission on Environmental Quality(TCEQ) formerly known as the Texas Natural Resource Conservation Commission(TNRCC). At this time, each entity determines what their reports will look like and what theywill include, however, a sample supervisor's report has been developed and provided in Appendix K. 32 Project References & Literature Cited Bacterial Source Tracking. Virginia Tech Website.www.bsi.vt.edu/biol-4684BST/BST.html Billups, Andrea L, DNA Techniques Allow Scientiststo Become Pollution Detectives, University of Florida, 1996. C112M Hill, Dry Weather Screening Analysis Protocol, Training Manual, Colorado, 1990. Dates, Geoff, Monitoring Optical Brighteners: Detergent Ingredient Helps Track Bacteria Sources,The National Newsletter of Volunteer Water Quality Monitoring, Vol. 11,No.2, Fall 1999. Galveston Bay Estuary Program, The Galveston Bay Plan: The Comprehensive Conservation and Management Plan for the Galveston Bay Ecosystem, Publication GBNEP-49, April 1995. Glanton, T. S.,M. T. Garrett, and Bill Goloby, The Illicit Connection, Houston, 1991. Glanton, T.S.,M.T. Garret, Zaki Ahmad, and Bill Goloby, Non Storm Water Discharges to the Storm Water Conveyance System: There Discovery and Significance,Unpublished paper presented at the Hazardous and Solid Waste Symposium, Houston, 1991. Guertin&Associates, Inc, Eliminating Illicit Connections to Storm Drains, Massachusetts, 1998. Jaing, Sunny, Rachel Noble, and Weiping Chu, Human Adenoviruses and Coliphages in Urban Runoff-Impacted Coastal Waters of Southern California, Applied and Environmental Microbiology,Vol. 67,No. 1, January 2001, pp. 179-184. Johnson,Barry, M.S., P.E., Camp Dresser &McKee, Dean Tuomari, From Theory to Implementation:Finding Illicit Connections, Wayne County Department of Environment, Michigan, 1998. Kolbe, Christine M. and Mark W. Luedke,A Guide to Freshwater Ecology, Texas Natural Resource Conservation Commission,Austin, 1993. Maryland Department of the Environment, Water Management Administration, Dry Weather Flow and Illicit Discharges in Maryland Storm Drain Systems, Baltimore, 1997. Pomeroy, Christine and Kelly Cave and Dean Toumari, Summary of Illicit Connection Detection Programs in Michigan,RPO Technical Memorandum-NPSOIA-TMO1.00, February 1996. Sargeant,Debby, Fecal Contamination Source Identification Methods in Surface Water, Ecology Report 499-345, Washington State Department of Ecology, 1999. Sargent, Dave and Wayne Castonguay, An Optical Brightener Handbook, Massachusetts, 1998. "Coffee Fouls Up Pollution Testing: Too much Java in the Sound to use it as a Tracer," Seattle Post-Intelligencer, The Associated Press, July 2000. Seattlepi.nwsource.com/local/c,off03.shtml Texas Engineering Extension Service, Training Division,Basic Wastewater Operations, Texas A&M University Service, Texas, 1994. Texas Natural Resource Conservation Commission, Water Quality Division, Surface Water Quality Monitoring Procedures Manual, Texas, 1999. Tracey, Patrick,Ecological Risks and Pharmaceuticals, Bureau of National Affairs, Washington, D.C., March 2002. Tuomari,Dean, The Do's and Don't's of Implementing a Successful Illicit Comnection Program, Wayne Coutny Department of Environment, Michigan, 1992. Turner, Collie, and Braden Inc.,Phase II Model Storm Water Management Program, Houston, 2001. U.S. EPA, Federal Register,National Pollutant Discharge Elimination System Rules and Regulations, 40 CFR Parts 9, 122, 123, and 124, Vol. 64,No. 235, December 8, 1999. U.S. EPA Office of Water,Investigation of Inappropriate Pollutant Entries into Storm Drainage Systems: A User's Guide, EPA/600/R-92/238, Washington,D.C., 1993. Wayne County Rouge River National Wet Weather Demonstration Project, Guidance for Preparing a Program for the Elimination of Illicit Discharges, Wayne County, Michigan, 1997. Sangal, Suresh K.,Pradeep K. Aggarwaiand, Dean Tomnari,Identification of Illicit Connections in Storm Sewers: An Innovative Approach Using Stable Isotopes,Rouge Program Office, 1996. Samadpour,Mansour,Dr., Description of Microbial Source Tracking Methods. Appendix E. Thurston County Department of Environmental Health. Glossary Adenovirus (Human) A DNA virus that affects the respiratory system (fever, sore throat, runny nose), gastrointestinal tract, or the eye (conjunctivitis). The virus may be latent then become re-activated at a later time. The virus can be passed through contaminated water. Anaerobic decomposition Biological metabolism or decomposition in the absence of oxygen. Conductivity The measure ofaliquid's abilityto carry an electrical charge. Expressed in micromhos per centimeter (µmhos/cm) at 25 °C. it is dependent on the presence of ions,the total concentration of the ions,their mobility and valence as well as the temperature of the solution. Deposits or stains Any type of coating or discoloration that remains at an outfall as a result of dry weather discharges. Direct Connection Physical connections of sanitary, commercial, or industrial piping which carry untreated wastewater to a storm sewer system. A direct connection is usually unauthorized and may be accidental or intentional. Discharge The volume of water that passes a given point within a given period of time. Dissolved Oxygen The oxygen freely available in water. Dissolved oxygen is vital to a fish and other aquatic life and for the prevention of odors. Traditionally, the level of dissolved oxygen has been accepted as the single most important indicator of a water body's ability to support desirable aquatic life. Dry Weather Discharge The flow of a liquid from a storm water outfall during dry weather. Effluent Treated wastewater that flows out of a treatment plant or industrial outfall (point source), prior to entering a water body Eutrophication The accelerated growth of aquatic plant life in a body of water due to excessive dissolved nutrients. Ultimately it results in lowered or depleted dissolved oxygen levels. Floatables Floating materials (plastic containers, condoms,sanitary napkins,tissues, corks, paper containers,wood, leaves, detritus, grease balls, oil films, slimes, scum, etc.) that are either part of the inappropriate waste streams discharged to a storm water system or are collected by flows which enter a storm water drainage system. Illicit Connection Any discharge to a MS4 that is not composed entirely of storm water and is not authorized by an NPDES permit. (One exception is fire fighting activities). Indicator Organism An organism, species, or community that indicates the presence of a certain environmental condition or conditions. Infiltration The process whereby water or waste water enters an underground storm drainage system through such means as defective pipes, pipe joints, connections, manhole walls, etc. Inflow The process whereby water enters a sanitary wastewater collection system from surface locations (including but limited to depressed,perforated manhole covers, yard drains, area inlets, or roof leader) Lateral A drain or sewer that has no other drains or sewers discharging into it, except for service connections or house laterals. MS4 Municipal Separate Storm Sewer System. A conveyance or system of conveyances which includes roadway and drainage systems, municipal streets, catch basins, curbs, gutters, ditches,man-made channels, or storm drains. See 40 CFR 122.26(b)(8) Classification: Large MS4 have a population>250,000, a medium MS4 has a population of 100,000 to 250,000, and a small MS4 is any other system not regulated under Phase 1. NPDES National Pollutant Discharge Elimination System. A permitting program that regulates polluted storm water runoff from MS4's, construction sites, and industrial activities. Nuisance and aquatic life threatening pollutant A constituent which will cause in impairment in surface waters such as low dissolved oxygen levels, excessive algal growth, floatables, color change, odor, and/or turbidity. The origins of this pollutant is from sanitary wastewater, laundry wastewater, construction sites, automobile wash waters, or lawn runoff. Nutrient Any substance used by living things to promote growth. The term is generally applied to nitrogen and phosphorus in water and wastewater, but is also applied to other essential and trace elements. Outfall The point at which a storm water drainage system discharges from a pipe, ditch, or other conveyance to a receiving water. There is sometimes a concrete structure or retaining wall at this location to protect the end of the discharge pipe and prevent erosion of the receiving water bank. Pathogenic or toxic pollutant A constituent that by itself or in combination with others may cause illness through contact, ingestion, and/or inhalation. Sources include sanitary, commercial, or industrial wastewater plus improper disposal of household hazardous materials, fertilizers and pesticides, and other sources of the like. pH The measurement of hydrogen-ion activity of water caused by the breakdown of water molecules and presence of dissolved acids and bases. Simply: the measure of a solution's acidity or alkalinity. Phosphorus Essential nutrient to the growth of organisms and can be the nutrientthat limits the primary productivity of water. in excessive amounts, from wastewater, agricultural drainage and certain industrial wastes, it also contributes to the eutrophication of lakes and other water bodies. The nutrient screening level for total phosphorus is 0.2 mg/1. Anything over this is considered high for a bodyof water. Photosynthesis The process used by green plants to use light energy to convert carbon dioxide and water to simple sugar and oxygen. Point Source A single, identifiable location or source from which pollution may be discharged to surface waters (example: a pipe or a ship). Pollutant Any material, substance, organism, or condition which can alter the physical, thermal, chemical or biological quality of water and render it harmful, detrimental or injurious to humans, animal life, vegetation or property, or to the public's health, safety or welfare, or impairs the usefulness or public enjoyment of the water for any lawful or reasonable purpose. Potable Water Water which has been treated or is naturally safe for drinking. It contains no toxic constituent which would make it harmful for human consumption. Raw sewage Untreated wastewater from all sources not permitted to discharge to an MS4. Receiving Water A river, stream,lake, estuary, or other body of water, natural or mamnade, into which storm water or treated wastewater may be discharged. Run-off That part of precipitation or irrigation water which runs off the land into surface waters or waters of the state. Sanitary sewer A series of underground pipes which carry sanitary waste or process wastewater to a treatment plant. Septic odor Rotten egg smell produced by decomposing organic matter and the lack of oxygen. Sewage Sanitary wastewater or wastewater generated by commercial or industrial operations but does not include storm water. Sewer A pipe, conduit or drain, generally closed, but not normally flowing full, for carrying sanitary, industrial and commercial wastewater or storm water flows. Storm drain A pipe, ditch, or natural or manmade channel that is designed to carry storm water, surface runoff, street wash water, and other drainage from a specific area/source to receiving waters. Storm Water Water resulting from precipitation which either infiltrates into the ground, impounds/puddles, and/or runs freely from the surface, or is captured by storm drainage, a combined sewer, and, to a limited degree, by sanitary sewer facilities. Surface Waters or Waters of the State Groundwater (percolating or otherwise), lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state, and all other bodies of surface water,natural or artificial, inland or coastal, fresh or salt,navigable or non-navigable, and including the beds and banks of all watercourses and bodies of surface water,that are wholly or partially inside or bordering the state or inside the jurisdiction of the state. Tracer A distinct component, or combination of components, of a polluting source which is identified in order to confirm the entry of a pollutant to a storm drainage system. Turbidity The lack of clarity in the water usually caused by suspended particulate and colloidal matter such as clay, silt, finely divided organic and inorganic matter, and plankton and other microscopic organisms. It is measured by interference to light penetration. Urbanized Area (UA) A land area containing one or more central places. The residential population is at least 50,000 with at least 1,000 people per square mile. Watershed A confluence of streams or rivers that drain a geographical area to a specified point. Illicit Discharge/Connection Field Investigation Sheet ; Field Site Description Outfall ID: Tributary/Drainage Diteb: Location: Land Use: Residential Commercial Industrial Agricultural Disphstge Observation a Flow: Yes/No (If yes, estimate flow) GPM Tide: Time: Days Prior Rain: Odor: None Musty Sewage Sulfide Other (Rotten Eggs) Color: Clear Green Brown White Blue Carey Other Turbidity: Clear(Lt) Cloudy (Mod) Opaque (Hvy) Suspended Solids Other Vegetative Growth: None inhibited Growth Algae Sewage fungus Excessive Growth Other Deposits/Stains: None Sediment Garbage Oily Color Other Floatables: Paint Sanitary Waste Surface scum Debris Other Structural Materials: Concrete Metal Plasfie Other Structural Conditions: Undamaged Caved-in Corroded Cracked Other Biological Activity: Fish (list) Turtles (fist) Others _ Waterfowl/Wading birds (list) Picture Taken: Yes/No Film/Digital Field Analysis(Parametersbptional) Air Temp: (°C) Water Temp: (°C) Dissolved Oxygcn(DO): (mg/I) pH: Ammonia: (mg/1) Chlorine: (mg/I) Phosphate(PO,): (mg/1) Detergents (O.B's): Other: i ' Lab Analysis(Parameters Optional) j Bacterial counts: Other: Comments: i Inspector Data Investigator: Signature: Date: Charcoal Packet Processing Equipment List Charcoal: Activated, Coconut, 8-12 Mesh, (Use 5 grams per packet) Packets: Fiberglass mesh (18 x 14) Cut into 3.25"x 5.5"pieces, fold in half, fill with charcoal and heat seal or staple closed KOH Solution: 5%potassium hydroxide dissolved in 70% isopropyl alcohol Flute each charcoal packet in 20 ml of solution Liquid Tracing Dye: Fluorescein Latex gloves 30 ml glass vials with screw caps 6 ounce whirl pack plastic bags (write on and puncture proof) Black light Packet Placement • Background charcoal packets need to be placed one week prior to dye testing • Packets are placed at areas where dye is suspected to surface and should be in a shaded or dark location • Background packets are retrieved and replaced with new test packets, dye is then introduced into the system. Background packets can be analyzed or frozen for later laboratory analysis Packet Retrieval • Test packets are retrieved after one week and replaced with a second set of test packets • Use new latex gloves at each site to prevent cross contamination • Place each test packet in a separate whirl pak bag • Label bag with the name of property or resident, retrieval date,and address or exact location Charcoal packet processing and elution • Cut corner of test packet and empty charcoal into 30 ml glass vial. Add 20 ml KOH solution to vial • Label vial with name of property or resident, date, and location with indelible ink • Visually read the vial for the presence/absence of fluorescent dye within 24 hours of the elution. Take a second reading within 48 hours. This should be done for each packet, therefore there will be two (2)readings for each packet. The first and second reading should be done by different staff persons. • If the results are difficult to determine, shine a strong beam of light through the sample, in a dark room, to look for fluorescence. Record the results as positive, flashlight positive, or negative. Quality Control • When the KOH solution is prepared, use the following control procedure: 1-Fill a 250 ml beaker with 150 ml of cold tap water. Submerge a charcoal packet in the beaker for 15 minutes 2-Fill a second 250 ml beaker with 150 ml cold tap water and a drop of fluorescent dye. Submerge a charcoal packet in this beaker for 15 minutes 3-Follow the elution instructions for both packets 4-Record the results. The packet in the tap water should produce a negative result and the packet in the dye water should produce a positive result. If any other results are observed the quality of the KOH solution, charcoal, dye, etc. should be checked. • Field duplicates should be completed on 10% of the samples. This means that two (2) packets should be placed together and the results compared for consistency. Place test packets side by side,not one in front of the other. • All supplies that come into contact with the packets or elutant should be analyzed for tracer dyes prior to packet placement, ie. Placement anchors, glass vials, tape, markers, labels, etc. • Charcoal packets should be constructed and stored in a way so they are not contaminated Optical Brightener Kit Checklist For field: Small, dark (non-transparent) rubbermaid container (to hold contents below) Untreated cotton pads /z in. Wire mesh cages Mon ofilament fishing line (high test) ` Tent stakes ` Wire cutters Cable ties ` Zipper seal sandwich bags Hand sanitizer/rubber gloves Unexposed, non-fluorescent labels For interpreting results in office: ` Long wave UN 4-6 watt fluorescent lamp For cleaning: Bucket Clorox Cleaning brush Optical Brightener Data Sheet Subwatershed Area: Collected by: Site ID DOP DOR No. days Plow O.B.+/- Total Observations (GPM) Rain Optical Brightener Observation Form DATE SITE ID# Observer% Observer QAQC% QAQC Initials Initials t� P y�� tNIV * MGCOs �m3 u� u FIGLGO NGLdI MGL09.2 A13LOV3 MGL004 W� MGL 09.2 bammGma�atc�s� MGL 09.3. MGL09.A Legend H a... �Y ' .Storm Water Access " W/Negative 08 presence ®.Storm Water Access M L11 Mcm3.i McmG.z McIMI MGLaa.4 W/Positive 08 presence 0 100 Feat Magnolia Creek Station MCL 09 Sampling Equipment Checklist Field Maps ` Field data sheets ` Waterproof marker Handheld GPS (if available) Sampling Bottles Ice chest / Ice Meters: YSI (DO),pH Thermometer Deionized water for cleansing meters after calibration Bucket with rope ` Telescoping sampling stick with attached sampling bottle ` Rubber gloves and/or hand sanitizer High beam cordless spotlight Rubber boots / Waders Manhole hooks Traffic cones / Safety Vests Spray paint Cell phone/ Two-way radios Camera/film or Digital Sunglasses, sunscreen, and bugspray Other Other ` Other Run: Collector: Rain: Wind Dir: Date: Sunrise: Days Wind Spd: Prior (92(153): Station Time Color (ooso) Turbidity(82078) Sample Depth AIoW(00061) Flaw Seves�ty(01351 j Salinity(00480) Conductivity(00094) DO(00300) pH(oa400) Air Temp. (00020) Water Temp.(00010) Observations Data Entry Signature: QA/QC Signature: D.AAl-FieldSmmplirgShcctwpd Location of Illicit Connection(Address): Contamination Effect: Pathogenic Toxic Nuisance' (Circleah that apply) ' Type of Connection: Direct Infiltration Inflow Other Comments: Flow: Continuous ,'.Intermittent GPM's Co merits: ti Source of Flow: Sewage Potable Water Swimming Pool Other Comments: r . Land Use: Residential Commercial Industrial ^Agrict'i (Circle all that apply) i What tests were used: What,siipplies are needed to fix the problem: What are the estimated costs of remediation: Responsibility:, City/County/MUD Resident(Customer) Comments: Name of Responsible Party: ifResidem Responsibility: Address: Phone#: ' Who Discovered Flow: Citizen Complaint Inspector City Crew Other Comments: Investigator: D,ate: Total Manllour's: Table 1. Field Survey Parameters and Associated Non-Stormwater Flow Source Categories Parameter Natural Potable Sanitary Septic Tank Industrial Wash Rinse Irrigation Water Water Wastewater Effluent Water Water Water Water Odor - - + + + Color - - - - + - - - Turbidity - - + + + + +/- Vegetation - - + + + Deposit/Stains - - + - + Floatables - - + - + Structural - - - - + - - - Damage Temperature - - +/- - + - Change PH - - - - + - - - Ammonia - - + + - - - - Surfactants - - + Fluorescence - - + + - 1- - - Conductivity - - + + +High Concentration Association -Low Concentration Association +/-Variable Concentration Association *Turner, Collie, and Braden Inc. Investigation Checklist Field Maps Field data sheets ` Telescoping sampling stick with attached sampling bottle Meters - Ph meter - DO / Specific Conductivity ` Parameter Kits - Chlorine - Ammonia - Phosphate - Optical Brightener ` Fluorescent Tracing Dye ` Thermometer Dye ` Manhole hooks ` Rubber gloves and/or hand sanitizes ` High beam spotlight Rubber boots ` Traffic cones ` Cell phone / Two-way radios Sunglasses, sunscreen, and/or bugspray Camera/film or ` Digital ` Other ` Other Illicit Connections Detection and Elimination Tracer Summary Datasheet SITE: TIME: DATE: Flow Value (GPM) Turbidity Value Odor Pos/Neg Color Pos/Neg Air Temp Value Water Value Temp pH level Value Ammonia Value Chlorine Pos/Neg PO4 Pos/Neg Ecoli Value OB's Pos/Neg Dye Test Pos/Neg Observation APPENDIX 3-CONSTRUCTION SITE STORMWATER RUNOFF CONTROL AN ORDINANCE OF THE CITY OF FRIENDSWOOD ADOPTING REGULATIONS AND REQUIREMENTS FOR DISCHARGES AND CONNECTIONS TO THE CITY'S STORM WATER DRAINAGE SYSTEM, EROSION AND SETTLEMENT CONTROL DURING CONSTRUCTION ACTIVITIES, AND POST CONSTRUCTION RUNOFF, PROVIDING FOR A PENALTY AND PROVIDING FOR SEVERABILITY. ORDINANCE NO.2005-01 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS BY ADDING A NEW ARTICLE V TO CHAPTER 78, UTILITIES, THEREOF ESTABLISHING DEFINITIONS, REQUIREMENTS FOR ILLICIT DISCHARGES AND CONNECTIONS TO THE CITY'S STORM WATER DRAINAGE SYSTEM, REGULATIONS REGARDING EROSION AND SEDIMENT CONTROL DURING I AND- DISTURBING ACTIVITIES, AND PROVISIONS FOR MANAGING AND REGULATING POST-CONSTRUCTION STORM WATER RUNOFF; PROVIDING FOR ENFORCEMENT OF VIOLATIONS OF ANY OF THE FOREGOING; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000.00 FOR EACH VIOLATION HEREOF;AND PROVIDING FOR SEVERABILITY. WHEREAS; the City Council of the City of Friendswood, in order to better to provide for the health, safety and welfare of its citizens, desires to implement procedures to monitor and regulate the discharge of non-storm water into the City's storm water drainage system in order to comply with federal and state law; and WHEREAS; this ordinance is designed to control and regulate the introduction of non-storm water pollutants into the City's storm water drainage system to achieve compliance with the requirements ofthe Texas Pollutant Discharge Elimination System("TPDES") permit process; and WHEREAS; the City Council of the City ofFriendswood finds that soil erosion endangers water resources and, correspondingly, the health, safety, and welfare of the citizens of the City of Friendswood by reducing water quality and disturbing aquatic habitats; and WHEREAS; the City Council of the City of Friendswood desires to enact regulations controlling the disturbance of top soils in the City to prevent the erosion of said soils; and WHEREAS; the City Council of the City of Friendswood desires to establish water quality and quantity policies to provide reasonable guidance for the regulation of storm water runoff to protect local water resources from degradation; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The facts and matters contained in the preamble are hereby found to be true and correct. Section 2. The Code of Ordinances of the City ofFriendswood, Texas is hereby amended by adding to Chapter 78 thereof a new Article V as follows: "DIVISION 1-GENERALLY See. 78-227. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning: Accelerates[ Erosion shall mean erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action. Applicant shall mean a property owner or agent of a property owner who has filed an application for a storm water management permit. Authorizer) Enforcement Agency shall mean employees or designees of the director of the municipal agency designated to enforce this ordinance. Best Management Practices (BMPs) shall mean schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. z Building shall mean any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area. Channel shall mean a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. Clean WaterAct (CWA) shall mean The Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, (33 U.S.C. ' 1251 et seq.), and any subsequent amendments thereto. Clearing shall mean any activity which removes the vegetative surface cover. Commencement of Construction shall mean the initial disturbance of soils associated with clearing grading, excavating activities, or other similar activities. Construction Activity shall mean activities subject to TPDFS Construction Permits. These include construction projects resulting in land disturbance of 1 acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Construction Site Operator shall mean the MS4 operator associated with a construction project that meets all of the following criteria: (a)the operator has operational control over construction plans and specifications to the extent necessary to meet the requirements and conditions of this general permit; and (b) the operator has day-to-day operational control of those activities at a project which are necessary to ensure compliance with a storm water pollution prevention plan for the site or other permit conditions (e.g. they are authorized to direct workers at a site to carry out activities required by the Storm Water Pollution Prevention Plan or comply with other permit conditions). Detention shall mean the temporary storage of storm runoff in a storm water management practice with the goals of controlling peals discharge rates and providing gravity settling of pollutants. Detention Facility shall mean a detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates. Drainage Easement shall mean a legal right granted by a landowner to a grantee allowing the use of private land for storm water management purposes. 3 Drainage Way shall mean any charnel that conveys surface runoff throughout the site. Erosion Control shall mean measures that prevent erosion. Erosion and Sediment Control Plan shall mean a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities. Facility or Activity shall mean any TPDES "point source" or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the TPDES program. Grading shall mean excavation or fill of material, including the resulting conditions thereof. Hazardous Materials shall mean any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of or otherwise managed. Hydrologic Soil Group (HSG) shall mean aNatural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from a soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff. Illicit Discharge shall mean any direct or indirect non-storm water discharge to the storm water system, except as exempted in Section 78-250 of this ordinance. Illicit Connection shall mean an illicit connection is defined as either of the following: Any drain or conveyance connecting an illicit discharge directly to the storm water system, whether on the surface or subsurface, which allows an illegal discharge to enter the storm water system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. 4 Impervious Cover shall mean those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc). Industrial Activity shall mean activities subject to NPDES or TPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b) (14). Industrial Storm water Permit shall mean a Texas Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial storm water discharges or specifies on- site pollution control strategies. Infiltration shall mean the process of percolating storm water into the subsoil. Infiltration Facility shall mean any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade. Jurisdictional Wetland shall mean an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Land Disturbance Activity shall mean any activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or man- made watercourse. Landowner shalt mean the legal or beneficial owner ofland,including those holding the right to purchase or lease the land, or any other person or entity holding proprietary rights in the land. Municipal Separate Storm Sewer System (MS4) shall mean a separate storm sewer system owned or operated by a state, city,town, county, district, association, or other public body(created by or pursuant to state law) having jurisdiction overthe disposal of sewage, industrial wastes, storm water, 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. Non point Source Pollution shall mean pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, construction, subsurface disposal and urban runoff sources. 5 Non-Storm Water Discharge shall mean any discharge to the storm water system that is not composed entirely of storm water. NPDES shall mean the National Pollutant Discharge Elimination System. Off-Site Facility shall mean a storm water management measure located outside the subject property boundary described in the permit application for land development activity. On-Site Facility shall mean a storm water management measure located within the subject property boundary described in the permit application for land development activity. Pollutant shall mean anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage,fecal coli form and pathogens; dissolved and particulate metals;animal wastes;wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premises shall mean any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Redevelopment shall mean any construction, alteration or improvement exceeding 1 acre in areas where existing land use is high density commercial, industrial, institutional or multi-family residential. Sediment Control shall mean measures that prevent eroded sediment from leaving the site. Site shall mean a parcel ofland, or a contiguous combination thereof, where grading work is performed as a single unified operation. Site Development Permit shall mean a permit issued by the City of Friendswood for which the construction or alteration of ground improvements and structures for the control of erosion, runoff and grading. Stabilization shall mean the use of practices that prevent exposed soil from eroding. Stop Work Order shall mean an order issued which requires that all construction activity on a site be stopped. 6 Storm Water shall mean any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Storm Water Management shall mean the use of structural or non-structural practices that are designed to reduce storm water runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat. Storm water Pollution Prevention Plan (SWPPP orSWP3) shall mean a document which describes the Rest Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Storm water, Storm water Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. Storm Water Retrofit shall mean a storm water management practice designed for an existing development site that previously had either no storm water management practice in place or a practice inadequate to meet the storm water management requirements of the site. Storm Water Runoff shall mean flow on the surface of the ground, resulting from precipitation. Storm Water System shall mean the system or network of storm and surface water management facilities managed and maintained by the City off riendswood including but not limited to inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basin, infiltration facilities and other components as well as all natural waterways. Storm Water Treatment Practices(SIPS) shall mean measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or non-point source pollution inputs to storm water runoff and water bodies. TPDES shall mean the Texas Pollutant Discharge Elimination System. Wastewater shall mean any water or other liquid, other than uncontaminated storm water, discharged from a facility. Watercourse shall mean any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water which are delineated by the City of Friendswood. 7 Waterway shall mean a channel that directs surface runoff to a watercourse, or to the public storm drain system. DIVISION 2 -ILLICIT DISCHARGE AND CONNECTION Sec. 78-230. Purpose/Intent. The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of the City ofFriendswood through the regulation of non-storm water discharges to the storm water system to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate stone sewer system (MS4) in order to comply with requirements of the Texas Pollutant Discharge Elimination System (TPDES) permit process. The objectives of this ordinance are: (1) To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by storm water discharges by any user; (2) To prohibit Illicit Connections and Discharges to the municipal separate storm sewer system; and (3) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this ordinance. Sec. 78-231. Applicability. This ordinance shall apply to all water entering the storm water system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. Sec. 78-232. Responsibility for administration. The City Manager or his/her designee shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the City Manager to persons or entities acting in the beneficial interest of or in the employ of the agency. Sec. 78-233. Ultimate responsibility. The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. 8 Sec.78-234. Discharge Prohibitions. (a) Prohibition of Illicit Discharges. It shall be unlawful for any person to discharge or cause to be discharged into the municipal storm water system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. (1) The commencement, conduct or continuance of any illicit discharge to the storm water system is prohibited except as described as follows: (A) The following discharges are exempt from discharge prohibitions established bythis ordinance: I flushing of water lines or other potable water sources; 2. landscape irrigation or lawn watering,diverted stream flows; 3. rising ground water and springs; 4. uncontaminated ground water infiltration; 5. uncontaminated pumped ground water; 6. foundation or footing drains(not including active groundwater dewatering systems); 7. crawl space pumps,air conditioning condensate; 8. individual residential vehicle washing; 9. vehicle washing fund-raising events by not-for-profit organizations: 10. natural riparian habitat or wetland flows; 11. pavement and exterior building wash water conducted without the use of detergents or other chemicals;and 12. swimming pools (if dechlorinated- typically less than one parts per million(PPM) chlorine),fire fighting activities, and any other water source not containing Pollutants. (B) Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety. (C) Dye testing, as long as a verbal notification is provided to the authorized enforcement agency prior to the time of the test. (D) Any non-storm water discharge permitted under an NPDES or TPDES permit, waiver,or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency(EPA)or the Texas Commission on Environmental Quality (TCEQ), provided that the discharger is in full compliance with all requirements of the pennit, waiver, or order and other applicable laws and regulations,and provided that further written approval has been granted for any discharge to the storm water system. 9 (b) Prohibition of Illicit Connections. (1) It shall be unlawful to construct, use, maintain or continue the existence of illicit connections to the City's storm drain system. (2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) A person is considered to be in violation of this ordinance if the person connects a line conveying sanitary sewage to the MS4, or allows such a correction to continue. Sec. 78-235. Suspension of MS4 access. (a) Suspension due to Illicit Discharges in Emergency Situations. The City Manager or his/her designee may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, the health or welfare of persons, the MS4, or water of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons. (b) Suspension due to the Detection of Illicit Discharge. Any person discharging into the MS4 in violation of this ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing. (e) Reinstatement without permission. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the authorized enforcement agency. Sec. 78-236. Industrial or construction activity discharges. Any person subject to an industrial or construction activity NPDES or TPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City Manager or his/her designee prior to allowing discharges to the MS4. 10 Sec. 78-237. Submission of notice of intent to City. The operator of a facility, including construction sites, required to have a NPDES or TPDES permit to discharge storm water associated with industrial activity shall submit a copy of the Notice oflntent(NOl) to the City Manager or his/her designee at the same time the operator submits the original Notice oflntent to the EPA or the TCEQ as applicable. The copy of the Notice oflntent may be delivered to the City Manager or his/her designee either in person or by mail. A person commits an offense if the person operates a facility that is discharging storm water associated with industrial activity without having submitted a copy of the Notice oflntent to do so to the City Manager or his/her designee. See. 78-238. Monitoring of discharges. (a) Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity. (b) Access to Facilities. (1) The City Manager or his/her designee shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. If a facility has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency. (2) Facility operators shall allow the City Manager or his/her designee ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of a NPDES or TPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. (3) The City Manager or his/her designee shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's storm water discharge. (4) The City Manager or his/her designee has the right to require the facility to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. I1 (5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City Manager or his/her designee and shall not be replaced. The costs of clearing such access shall be borne by the operator. (6) Unreasonable delays in allowing the City Manager or his/her designee access to a permitted facility is a violation of a storm water discharge permit and of this ordinance. A person who is the operator of a facility with a NPDES or TPPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this ordinance. (7) if the City Manager or his/her designee has been refused access to any part of the premises from which storm water is discharged, and Ire/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction. Sec. 78-239. Requirement to prevent, control, and reduce storm water pollutants by the use of best management practices. The City of Friendswood will adopt policies identifying Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm water system, or waters ofthe United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terns and conditions of a valid NPDES or TPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section. These BMPs shall be part of a storm water pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES and/or TPPDES permit. 12 Sec. 78-240. Watercourse protection. Every landowner who owns property, or is responsible for maintaining an easement through which a watercourse passes, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the landowner shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. Sec. 78-241. Notification of Spills. Not withstanding other requirements oflaw, as soon as any person responsible for a facility or operation, or other person responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into storm water, the storm water system, or waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials said person shall notify the authorized enforcement agency no later than the next business day.Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City Manager or his/her designee within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. See. 78-242. Enforcement. Notice of Violation. Whenever the City Manager or his/her designee finds that a person has violated a prohibition or failed to meet a requirement of this Ordinance, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation: (1) The performance of monitoring, analyses, and reporting; (2) The elimination of illicit connections or discharges; (3) That violating discharges, practices, or operations shall cease and desist; 13 (4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and (5) Payment of a fine to cover administrative and remediation costs; and (6) The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. Sec.78-243. Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency to the City Manager or his/her designee. The notice of appeal must be received within 2 days from the date of the Notice of Violation. Hearing on the appeal before the City Manager or his/her designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the City Manager or their designee shall be final. See.78-244. Enforcement measures after appeal. If any violation of which a person has received notice as required by Section 78-242 hereof has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 10 days of the decision of the City Manager or his/her designee upholding the decision, then representatives of the authorized enforcement agency shall enter upon the subject private property and take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the authorized enforcement agency or its designated contractor to enter upon the premises for the purposes set forth above. Sec. 78-245. Cost of abatement of the violation. In the event of action by the authorized enforcement agency as described in Section 78-244 above, the owner of the property will be notified of the cost of abatement, including administrative costs, within 30 days after the abatement of the violation. The property owner may file a written protest objecting to the amount of the assessment within 10 days. If the amount due is not paid within a timely manner as 14 determined by the decision of the City Manager or his/her designee or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the City by reason of such violation. DIVISION 3—EROSION AND SEDIMENT CONTROL Sec. 78-250. Introduction!Purpose. During the construction process, soil is the most vulnerable to erosion by wind and water. This eroded soil endangers water resources by reducing water quality, and causes the silting of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches, and the dredging of waterways. In addition, clearing grading during construction causes the loss of native vegetation necessary for terrestrial and aquatic habitat, and to provide a healthy living environment for citizens of the City of Friendswood. The purpose of this ordinance is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement of earth on land in the City of Friendswood. See.78-251. Permits. It shall be unlawful for anyperson to conduct any land- disturbing activity without a permit issued by the City Manager or his/her designee. (a) No person shall be granted a permit for land-disturbing activity which would require the uncovering of 1 acre or more, without the approval of an erosion and sediment control plan by the City of Friendswood City Manager or his/her designee. (b) An erosion and sediment control plan is not required for the following activities: (1) Any emergency activity immediately necessary for the protection of life, property or natural resources; or (2) Existing nursery and agricultural operations conducted as a permitted mam or accessory use. (c) Each application for a permit to allow land-disturbing activities shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the erosion and sediment control plan, and that a site operator shall be on site on all days where construction or grading 15 activity takes place. Sec.78-252. Review and approval. The City of Friendswood City Manager or his/her designee will review each erosion and sediment control plan to determine its conformance with the provisions of this local regulation. The City of Friendswood City Manager or his/her designee shall, in writing: (1) Approve the plan; (2) Approve the plan subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the approval subject to these conditions; or (3) Disapprove the plan, indicating the deficiencies and the procedure for submitting a revised application and/or submission. See. 78-253. Design Requirements. Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the City's Design Criteria Manual, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City ofFriendswood City Manager or his/he' designee. See.78-254. Modifications to the plan. Major amendments of the erosion and sediment control plan shall be submitted to the City of Friendswood City Manager or his/her designee and shall be processed and approved, or disapproved, in the same manner as the original plans. Field modifications of a minor nature may be authorized by the City of Friendswood City Manager or his/her designee by written authorization to the permitee. Sec. 78-255. Clearing and Grading. Clearing and grading activities, shall not be permitted, except when in compliance all other chapters of this Code. Clearing techniques that retain natural vegetation and retain natural drainage patterns, as described in the storm water design manual, shall be used to the satisfaction of the City of Friendswood City Manager or his/her designee. See. 78-256. Inspection. (a) The City of Friendswood City Manager or his/her designee shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the permitee that the work fails to comply with the erosion 16 and sediment control plan as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the City ofFriendswood City Manager or his/her designee shall be maintained at the site during the progress of the work. (b) The permitee or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan, and the need for additional control measures. All inspections shall be documented in written form and submitted to the City of Friendswood City Manager or his/her designee at the time interval specified in the approved permit. (c) The City of Friendswood City Manager or his/her designee shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under the above mentioned section. Sec. 78-257. Enforcement. Stop-Work Order; Revocation of Permit. To the event that any person holding a site development permit pursuant to this ordinance violates the terns of the permit, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety or persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City of Friendswood City Manager or his/her designee may suspend or revoke the site development permit, in addition to any other penalty provisions contained in this ordinance. DIVISION 4—POST CONSTRUCTION STORM WATER RUNOFF See. 78-260. General provisions. (a) Findings of Fact. It is hereby determined that: (4) Land development projects and associated increases in impervious cover alter the hydrologic response oflocal watersheds and increase storm water runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; (5) This stone water runoff contributes to increased quantities of water-borne pollutants, and; (3) Storm water runoff, soil erosion and non-point source pollution can be controlled and minimized through the regulation of storm water runoff from development sites. 17 Therefore,the City of Friendswood establishes this set of water quality and quantity policies applicable to all surface waters to provide reasonable guidance for the regulation of storm water runoff for the purpose of protecting local water resources from degradation. It is determined that the regulation of storm water runoff discharges from land development projects and other construction activities in order to control and minimize increases in storm water runoff rates and volumes, soil erosion, stream channel erosion, and non-point source pollution associated with storm water runoff is in the public interest and will prevent threats to public health and safety. (b) Purpose. The purpose of this ordinance is to establish minimum storm water management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. This ordinance seeks to meet that purpose through the following objectives: (3) minimize increases in storm water runoff from any development in order to reduce flooding, silting, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels; (2) minimize increases in non-point source pollution caused by storm water runoff from development which world otherwise degrade local water quality; (6) minimize the total annual volume of surface water runoff which flows from any specific site during and following development to not exceed the pre- development hydrologic regime to the maximum extent practicable;and (4) reduce storm water runoff rates and volumes, soil erosion and non-point source pollution, wherever possible,through storm water management controls and to ensure that these management controls are properly maintained and pose no threat to public safety. (c) Applicability. This ordinance shall be applicable to all subdivision or site plan applications,unless eligible for an exemption by the City of Friendswood City Manager or his/her designee under the specifications of this ordinance.The ordinance also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the following applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules. In addition, all plans must also ensure that established water quality standards will be maintained during and after development of the site and that post construction runoff levels are consistent with any local and regional watershed plans. 18 To prevent the adverse impacts of storm water runoff, the City ofFriendswood has developed a set of performance standards that must be met at new development sites. These standards apply to any construction activity disturbing one (1) or more acres ofland. The following activities may be exempt from these storm water performance criteria: 1. Additions or modifications to existing single family structures: 2. Developments that do not disturb more than 1 acre ofland,provided they are not part of a larger common development plan; or 3. Repairs to any storm water treatment practice deemed necessary by the City of Friendswood City Manager or his/her designee. When a site development plan is submitted that qualifies as a redevelopment project as defined in this ordinance, decisions on permitting and on-site storm water requirements shall be governed by special storm water sizing criteria found in the current storm water design manual. This criterion is dependent on the amount of impervious area created by the redevelopment and its impact on water quality. Final authorization of all redevelopment projects will be determined after a review by the City of Friendswood City Manager or his/her designee. (d) Design Criteria Manual. The Design Criteria Manual includes a list of acceptable storm water treatment practices, including the specific design criteria and operation and maintenance requirements for each storm water practice. The manual may be updated and expanded from time to time, at the discretion of the City, based on improvements in engineering, science, monitoring and local maintenance experience. Stone water treatment practices that are designed and constructed in accordance with these design and sizing criteria shall meet the minimum water quality performance standards. Sec.78-261. Permit Procedures and Requirements. (a) Permit Required. No land owner or land operator shall receive any of the building, grading or other land development permits required for land disturbance activities without first meeting the requirements of this ordinance prior to commencing the proposed activity. (b) Application Requirements. Unless specifically excluded by this ordinance, any land owner or operator desiring a permit for a land disturbance activity shall submit to the City of Friendswood City Manager or his/her designee a permit application on a form provided for that purpose. 19 Sec.78-262. Exemptions to Storm Water Management Requirements. (a) Exemptions for Providing Storm water Management. (1) Every applicant shall provide for storm water management as required by this ordinance, unless a written request is filed to waive this requirement. Requests to waive the storm water management plan requirements shall be submitted to the City of Friendswood City Manager or his/her designee for approval. (2) The minimum requirements for storm water management may be waived in whole or in part upon written request of the applicant, provided that at least one of the following conditions applies: A. It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this ordinance; B. Alternative minimum requirements for on-site management of storm water discharges have been established in a storm water management plan that has been approved by the City of Friendswood City Manager or his/her designee and the implementation of the plan is required by local ordinance; C. Provisions are made to manage storm water by an off-site facility.The off-site facility is required to be in place, to be designed and adequately sized to provide a level of storm water control that is equal to or greater than that which would be afforded by on-site practices and there is a legally obligated entity responsible for long-term operation and maintenance of the storm water practice; or D. Non-structural practices will be used on the site to reduce: a) the generation of storm water fi•om the site, b) the size and cost of storm water storage and c) the pollutants generated at the site. These non-structural practices will be explained in detail in the storm water design manual and the amount of credit available for using such practices shall be determined by the City of Friendswood, City Manager or his designee. (3) In instances where one of the conditions above applies, the City of Friendswood City Manager or his/her designee may giant a waiver from strict compliance with these storm water management provisions, as long as acceptable mitigation measures are provided. However, to be eligible for a variance, the applicant must demonstrate to the satisfaction of the City of Friendswood City Manager or his/her designee that the variance will not result in the following impacts to downstream waterways: 20 A. Deterioration of existing culverts, bridges, and other structures; B. Degradation of biological functions or habitat; C. Accelerated stream bank or streambed erosion or silting; or D. Increased threat of flood damage to public health, life, property." Section 3. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 4. Any person who shall violate anyprovision ofthis Ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. 21 PASSED AND APPROVED on first reading this 6th day of December 2004. PASSED, APPROVED, and ADOPTED on second and final reading this 17th day of January 2005. . r pRlEly �. ;pF Os� L/ Gig V � p Kimball W. Brizend" e p Mayor ATT OF C- Del ris McKenzie,T City Secretary MOTION: COUNCILMEMBER LAURA EWING 2ND: COUNCILMEMBER MEL MEASELES APPROVED: UNANIMOUSLY 22 APPENDIX 4-POST-CONSTRUCTION STORMWATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENTRUNOFF CONTROL AN ORDINANCE OF THE CITY OF FRIENDSWOOD ADOPTING REGULATIONS AND REQUIREMENTS FOR DISCHARGES AND CONNECTIONS TO THE CITY'S STORM WATER DRAINAGE SYSTEM, EROSION AND SETTLEMENT CONTROL DURING CONSTRUCTION ACTIVITIES, AND POST CONSTRUCTION RUNOFF, PROVIDING FOR A,PENALTY AND PROVIDING FOR SEVERABILITY. ORDINANCE NO.2005-01 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS BY ADDING A NEW ARTICLE V TO CHAPTER 78, UTILITIES, THEREOF ESTABLISHING DEFINITIONS, REQUIREMENTS FOR ILLICIT DISCHARGES AND CONNECTIONS TO THE CITY'S STORM WATER DRAINAGE SYSTEM, REGULATIONS REGARDING EROSION AND SEDIMENT CONTROL DURING LAND- DISTURBING ACTIVITIES, AND PROVISIONS FOR MANAGING AND REGULATING POST-CONSTRUCTION STORM WATER RUNOFF; PROVIDING FOR ENFORCEMENT OF VIOLATIONS OF ANY OF THE FOREGOING; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000.00 FOR EACH VIOLATION HEREOF; AND PROVIDING FOR SEVERABILITY. WHEREAS; the City Council of the City of Friendswood, in order to better to provide for the health, safety and welfare of its citizens, desires to implement procedures to monitor and regulate the discharge of non-storm water into the City's storm water drainage system in order to comply with federal and state law; and WHEREAS; this ordinance is designed to control and regulate the introduction of non-storm water pollutants into the City's storm water drainage system to achieve compliance with the requirements ofthe Texas Pollutant Discharge Elimination System ("TPDES") permit process; and WHEREAS; the City Council of the City ofFriendswood finds that soil erosion endangers water resources and, correspondingly, the health, safety, and welfare of the citizens of the City of Friendswood by reducing water quality and disturbing aquatic habitats; and WHEREAS; the City Council of the City of Friendswood desires to enact regulations controlling the disturbance of top soils in the City to prevent the erosion of said soils; and WHEREAS; the City Council of the City of Friendswood desires to establish water quality and quantity policies to provide reasonable guidance for the regulation of storm water runoff to protect local water resources from degradation; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The facts and matters contained in the preamble are hereby found to be true and correct. Section 2. The Code of Ordinances of the City of Friendswood, Texas is hereby amended by adding to Chapter 78 thereof a new Article V as follows: 'DIVISION 1 -GENERALLY See. 78-227. Definitions. The following words, terns and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning: Accelerated Erosion shall mean erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action. Applicant shall mean a property owner or agent of a property owner who has filed an application for a storm water management permit. Authorized Enforcement Agency shall mean employees or designees of the director of the municipal agency designated to enforce this ordinance. Best Management Practices (BMPs) shall mean schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. 2 Building shall mean any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area. Channel shall mean a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. Clean Water Act (CWA) shall mean The Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, (33 U.S.C. ' 1251 et seq.), and any subsequent amendments thereto. Clearing shall mean any activity which removes the vegetative surface cover. Commencement of Construction shall mean the initial disturbance of soils associated with clearing, grading, excavating activities, or other similar activities. Construction Activity shall mean activities subject to TPDES Construction Permits. These include construction projects resulting in land disturbance of 1 acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Construction Site Operator shall mean the MS4 operator associated with a construction project that meets all of the following criteria: (a)the operator has operational control over construction plans and specifications to the extent necessary to meet the requirements and conditions of this general permit; and (b) the operator has day-to-day operational control of those activities at a project which are necessary to ensure compliance with a storm water pollution prevention plan for the site or other permit conditions (e.g.they are authorized to direct workers at a site to cant'out activities required by the Storm Water Pollution Prevention Plan or comply with other permit conditions). Detention shall mean the temporary storage of storm runoff in a storm water management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants. Detention Facility shall mean a detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates. Drainage Easement shall mean a legal right granted by a landowner to a grantee allowing the use of private land for storm water management purposes. 3 Drainage Way shall mean any channel that conveys surface runoff throughout the site. Erosion Control shall mean measures that prevent erosion. Erosion and Sediment Control Plan shall mean a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities. Facility or Activity shall mean any TPDES "point source" or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the TPDES program. Grading shall mean excavation or fill of material, including the resulting conditions thereof. Hazardous Materials shall mean any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Hydrologic Soil Group (HSG) shall mean aNatural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from a soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff. Illicit Discharge shall mean any direct or indirect non-storm water discharge to the storm water system, except as exempted in Section 78-250 of this ordinance. Illicit Connections shall mean an illicit connection is defined as either of the following: Any drain or conveyance connecting an illicit discharge directly to the storm water system, whether on the surface or subsurface, which allows an illegal discharge to enter the storm water system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. 4 Impervious Cover shall mean those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc). Industrial Activity shall mean activities subject to NPDES or TPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b) (14). Industrial Storm water Permit shall mean a Texas Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial storm water discharges or specifies on- site pollution control strategies. Infiltration shall mean the process of percolating storm water into the subsoil. Infiltration Facility shall mean any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade. Jurisdictional Wetland shall mean an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Land Disturbance Activity shall mean any activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or man- made watercourse. Landowner shall mean the legal or beneficial owner ofland, including those holding the right to purchase or lease the land, or any other person or entity holding proprietary rights in the land. Municipal Separate Storm Sewer System (MS4) shall mean a separate storm sewer system owned or operated by 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, storm water, 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. Non-point Source Pollution shall mean pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, construction, subsurface disposal and urban runoff sources. 5 Non-Storm Water Discharge shall mean any discharge to the storm water system that is not composed entirely of storm water. NPDES shall mean the National Pollutant Discharge Elimination System. Off-Site Facility shall mean a storm water management measure located outside the subject property boundary described in the permit application for Land development activity. On-Site Facility shall mean a storm water management measure located within the subject property boundary described in the permit application for land development activity. Pollutant shall mean anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage,fecal coli form and pathogens; dissolved and particulate metals;animal wastes;wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premises shall mean any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Redevelopment shall mean any construction, alteration or improvement exceeding 1 acre in areas where existing land use is high density commercial, industrial, institutional or multi-family residential. Sediment Control shall mean measures that prevent eroded sediment from leaving the site. Site shalt mean a parcel ofland,or a contiguous combination thereof, where grading work is performed as a single unified operation. Site Development Permit shalt mean a permit issued by the City of Friendswood for which the construction or alteration of ground improvements and structures for the control of erosion, runoff and grading. Stabilization shall mean the use of practices that prevent exposed soil from eroding. Stop Work Order shall mean an order issued which requires that all construction activity on a site be stopped. 6 Storm Water shall mean any surface flow, runoff, and drainage consisting entirely of water from any forth of natural precipitation, and resulting from such precipitation. Storm Water Management shall mean the use of structural or non-structural practices that are designed to reduce storm water runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat. Storm water Pollution Prevention Plan (SWPPP or SWP3) shall mean a document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Storm water, Storm water Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. Storm Water Retrofit shall mean a storm water management practice designed for an existing development site that previously had either no storm water management practice in place or a practice inadequate to meet the storm water management requirements of the site. Storm Water Runoff shall mean flow on the surface of the ground, resulting from precipitation. Storm Water System shall mean the system or network of storm and surface water management facilities managed and maintained by the City ofFriendswood including but not limited to inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basin, infiltration facilities and other components as well as all natural waterways. Storm Water Treatment Practices (STPs) shall mean measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or non-point source pollution inputs to storm water runoff and water bodies. TPDES shall mean the Texas Pollutant Discharge Elimination System. Wastewater shall mean any water or other liquid, other than uncontarninated storm water, discharged from a facility. Watercourse shall mean any body of water, including, but not limited to lakes, ponds, rives, streams, and bodies of water which are delineated by the City of Friendswood. 7 Waterway shall mean a channel that directs surface runoff to a watercourse, or to the public storm drain system. DIVISION 2 -ILLICIT DISCHARGE AND CONNECTION See. 78-230. Purpose/Intent. The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of the City ofFriendswood through the regulation of non-storm water discharges to the storm water system to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the Texas Pollutant Discharge Elimination System (TPDES) permit process. The objectives of this ordinance are: (1) To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by storm water discharges by any user; (2) To prohibit Illicit Connections and Discharges to the municipal separate storm sewer system; and (3) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this ordinance. Sec. 78-231. Applicability. This ordinance shall apply to all water entering the storm water system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. Sec. 78-232. Responsibility for administration. The City Manager or his/her designee shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the City Manager to persons or entities acting in the beneficial interest of or in the employ of the agency. Sec. 78-233. Ultimate responsibility. The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. 9 See.78-234. Discharge Prohibitions. (a) Prohibition of Illicit Discharges. It shall be unlawful for any person to discharge or cause to be discharged into the municipal storm water system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards,other than storm water. (1) The commencement, conduct or continuance of any illicit discharge to the storm water system is prohibited except as described as follows: (A) The following discharges are exempt from discharge prohibitions established by this ordinance: 1. flushing of water lines or other potable water sources; 2. landscape irrigation or lawn watering,diverted stream flows; 3. rising ground water and springs; 4. uncontaminated ground water infiltration; 5. uncontaminated pumped ground water; 6. foundation or footing drains(not including active groundwater dewatering systems); 7. crawl space pumps,air conditioning condensate; 8. individual residential vehicle washing; 9. vehicle washing fund-raising events by not-for-profit organizations: 10. natural riparian habitat or wetland flows; 11. pavement and exterior building wash water conducted without the use of detergents or other chemicals;and 12. swimming pools (if dechlorinated- typically less than one parts per million (PPM) chlorine), fire fighting activities, and any other water source not containing Pollutants. (B) Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety. (C) Dye testing, as long as a verbal notification is provided to the authorized enforcement agencyprior to the time of the test. (D) Any non-storm water discharge permitted under an NPDES or TPDES permit, waiver,or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency(EPA)or the Texas Commission on Environmental Quality (TCEQ), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations,and provided that further written approval has been granted for any discharge to the storm water system. 9 (b) Prohibition of Illicit Connections. (1) It shall be unlawful to construct, use, maintain or continue the existence of illicit connections to the City's storm drain system. (2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) A person is considered to be in violation of this ordinance if the person connects a line conveying sanitary sewage to the MS4, or allows such a connection to continue. Sec. 78-235. Suspension of MS4 access. (a) Suspension due to Illicit Discharges in Emergency Situations. The City Manager or his/her designee may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, the health or welfare of persons, the MS4, or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons. (b) Suspension due to the Detection of Illicit Discharge. Any person discharging into the MS4 in violation of this ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify, a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing. (e) Reinstatement without permission. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the authorized enforcement agency. Sec. 78-236. Industrial or construction activity discharges. Any person subject to an industrial or construction activity NPDES or TPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City Manager or his/her designee prior to allowing discharges to the MS4. 10 Sec. 78-237. Submission of notice of intent to City. The operator of a facility, including construction sites, required to have a NPDES or TPDES permit to discharge storm water associated with industrial activity shall submit a copy of the Notice oflntent(NOI) to the City Manager or his/her designee at the same time the operator submits the original Notice of rtent to the EPA or the TCEQ as applicable. The copy of the Notice oflntent may be delivered to the City Manager or his/her designee either in person or by mail. A person commits an offense if the person operates a facility that is discharging storm water associated with industrial activity without having submitted a copy of the Notice oflntent to do so to the City Manager or his/her designee. Sec. 78-238. Monitoring of discharges. (a) Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity. (b) Access to Facilities. (1) The City Manager or his/her designee shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. If a facility has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency. (2) Facility operators shall allow the City Manager or his/her designee ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of a NPDES or TPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. (3) The City Manager or his/her designee shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's storm water discharge. (4) The City Manager or his/her designee has the right to require the facility to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. 11 (5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City Manager or his/her designee and shall not be replaced. The costs of clearing such access shall be home by the operator. (6) Unreasonable delays in allowing the City Manager or his/her designee access to a permitted facility is a violation of a storm water discharge permit and of this ordinance. A person who is the operator of a facility with a NPDES or TPDES permit to discharge storm water associated with industrial activity commits an offense i'fthe person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this ordinance. (7) If the City Manager or his/her designee has been refused access to any part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction. Sec. 78-239. Requirement to prevent, control, and reduce storm water pollutants by the use of best management practices. The City of Friendswood will adopt policies identifying Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm water system, or waters ofthe United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of probibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system.Compliance with all terms and conditions of a valid NPDES or TPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section. These BMPs shall be part of a storm water pollution prevention plan (SVVPPP) as necessary for compliance with requirements of the NPDES and/or TPDES permit. 12 Sec. 78-240. Watercourse protection. Every landowner who owns property, or is responsible for maintaining an easement through which a watercourse passes, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the landowner shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. Sec. 78-241. Notification of Spills. Not withstanding other requirements oflaw, as soon as any person responsible for a facility or operation, or other person responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into storm water, the storm water system, or waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials said person shall notify the authorized enforcement agency no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City Manager or his/her designee within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Sec. 78-242. Enforcement. Notice of Violation. Whenever the City Manager or his/her designee finds that a person has violated a prohibition or failed to meet a requirement of this Ordinance, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation: (1) The performance of monitoring, analyses, and reporting; (2) The elimination of illicit connections or discharges; (3) That violating discharges, practices, or operations shall cease and desist; 13 (4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and (5) Payment of a tine to cover administrative and remediation costs; and (6) The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. See.78-243. Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency to the City Manager or his/her designee. The notice of appeal must be received within 2 days from the date of the Notice of Violation. Hearing on the appeal before the City Manager or his/her designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the City Manager or their designee shall be final. Sec.78-244. Enforcement measures after appeal. If any violation of which a person has received notice as required by Section 78-242 hereof has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 10 days of the decision of the City Manager or his/her designee upholding the decision, then representatives of the authorized enforcement agency shall enter upon the subject private property and take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the authorized enforcement agency or its designated contractor to enter upon the premises for the purposes set forth above. Sec. 78-245. Cost of abatement of the violation. In the event of action by the authorized enforcement agency as described in Section 78-244 above, the owner of the property will be notified of the cost of abatement, including administrative costs, within 30 days after the abatement of the violation. The property owner may file a written protest objecting to the amount of the assessment within 10 days. If the amount due is not paid within a timely manner as 14 determined by the decision of the City Manager or his/her designee or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the City by reason of such violation. DIVISION3—EROSION AND SEDIMENT CONTROL Sec. 78-250. Introduction!Purpose. During the construction process, soil is the most vulnerable to erosion by wind and water. This eroded soil endangers water resources by reducing water quality, and causes the silting of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches, and the dredging of waterways. In addition, clearing grading during construction causes the loss of native vegetation necessary for terrestrial and aquatic habitat, and to provide a healthy living environment for citizens of the City of Friendswood. The purpose of this ordinance is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating, and controlling the design, construction, use,and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement of earth on land in the City of Friendswood. Sec. 78-251. Permits. It shall be unlawful for any person to conduct any land- disturbing activity without a permit issued by the City Manager or his/her designee. (a) No person shall be granted a permit for land-disturbing activity which would require the uncovering of 1 acre or more, without the approval of an erosion and sediment control plan by the City of Friendswood City Manage or his/her designee. (b) An erosion and sediment control plan is not required for the following activities: (1) Any emergency activity immediately necessary for the protection of life, property or natural resources; or (2) Existing nursery and agricultural operations conducted as a permitted mam or accessory use. (c) Each application for a permit to allow land-disturbing activities shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the erosion and sediment control plan, and that a site operator shall be on site on all days where construction or grading 15 activity takes place. Sec.78-252. Review and approval. The City of Friendswood City Manager or his/her designee will review each erosion and sediment control plan to determine its conformance with the provisions of this local regulation. The City of Friendswood City Manager or his/her designee shall, in writing: (1) Approve the plan; (2) Approve the plan subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the approval subject to these conditions; or (3) Disapprove the plan, indicating the deficiencies and the procedure for submitting a revised application and/or submission. Sec. 78-253. Design Requirements. Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the City's Design Criteria Manual, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City otFriendswood City Manager or his/her designee. Sec.78-254. Modifications to the plan. Major amendments of the erosion and sediment control plan shall be submitted to the City of Friendswood City Manager or his/her designee and shall be processed and approved, or disapproved, in the same manner as the original plans. Field modifications of a minor nature may be authorized by the City of Friendswood City Manager or his/her designee by written authorization to the permitee. Sec.78-255. Clearing and Grading. Clearing and grading activities, shall not be permitted, except when in compliance all other chapters of this Code. Clearing techniques that retain natural vegetation and retain natural drainage patterns, as described in the storm water design manual, shall be used to the satisfaction of the City of Friendswood City Manager or his/her designee. See.78-256. Inspection. (a) The City of Friendswood City Manager or his/her designee shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the permitee that the work fails to comply with the erosion 16 and sediment control plan as approved. Plans for grading, shipping, excavating, and filling work bearing the stamp of approval of the City ofFriendswood City Manager or his/her designee shall be maintained at the site during the progress of the work. (b) The permitee or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan, and the need for additional control measures. All inspections shall be documented in written form and submitted to the City of Friendswood City Manager or his/her designee at the time interval specified in the approved permit. (c) The City of Friendswood City Manager or his/her designee shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under the above mentioned section. Sec. 78-257. Enforcement. Stop-Work Order; Revocation of Permit. In the event that any person holding a site development permit pursuant to this ordinance violates the terms of the permit, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety or persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City of Friendswood City Manager or his/her designee may suspend or revolve the site development permit, in addition to any other penalty provisions contained in this ordinance. DIVISION 4—POST CONSTRUCTION STORM WATER RUNOFF Sec. 78-260. General provisions. (a) Findings of Fact. It is hereby determined that: (4) Land development projects and associated increases in impervious cover alter the hydrologic response oflocal watersheds and increase stone water runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; (5) This storm water runoff contributes to increased quantities of water-borne pollutants, and; (3) Storm water runoff, soil erosion and non-point source pollution can be controlled and minimized through the regulation of storm water runoff from development sites. 17 Therefore,the City of Friendswood establishes this set of water quality and quantity policies applicable to all surface waters to provide reasonable guidance for the regulation of storm water runoff for the purpose of protecting local water resources from degradation. It is determined that the regulation of storm water runoff discharges from land development projects and other construction activities in order to control and minimize increases in storm water runoff rates and volumes, soil erosion, stream channel erosion, and non-point source pollution associated with storm water runoff is in the public interest and will prevent threats to public health and safety. (b) Purpose. The purpose of this ordinance is to establish minimum storm water management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. This ordinance seeks to meet that purpose through the following objectives: (3) minimize increases in storm water runoff from any development in order to reduce flooding, silting, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels; (2) minimize increases in non-point source pollution caused by storm water runoff from development which would otherwise degrade local water quality; (6) minimize the total annual volume of surface water runoff which flows from any specific site during and following development to not exceed the pre- development hydrologic regime to the maximum extent practicable;and (4) reduce storm water runoff rates and volumes, soil erosion and non-point source pollution, wherever possible,through storm water management controls and to ensure that these management controls are properly maintained and pose no threat to public safety. (c) Applicability. This ordinance shall be applicable to all subdivision or site plan applications,unless eligible for an exemption by the City of Friendswood City Manager or his/her designee under the specifications of this ordinance.The ordinance also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the following applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules, in addition, all plans must also ensure that established water quality standards will be maintained during and after development of the site and that post construction runoff levels are consistent with any local and regional watershed plans. 18 To prevent the adverse impacts of storm water runoff, the City ofFriendswood has developed a set of performance standards that must be met at new development sites. These standards apply to any construction activity disturbing one (1) or more acres ofland. The following activities may be exempt from these storm water performance criteria: 1. Additions or modifications to existing single family structures: 2. Developments that do not disturb more than 1 acre ofland,provided they are not part of a larger common development plan; or 3. Repairs to any storm water treatment practice deemed necessary by the City of Friendswood City Manager or his/her designee. When a site development plan is submitted that qualifies as a redevelopment project as defined in this ordinance, decisions on permitting and on-site storm water requirements shall be governed by special storm water sizing criteria found in the current storm water design manual. This criterion is dependent on the amount of impervious area created by the redevelopment and its impact on water quality. Final authorization of all redevelopment projects will be determined after a review by the City of Friendswood City Manager or his/her designee. (d) Design Criteria Manual. The Design Criteria Manual includes a list of acceptable storm water treatment practices, including the specific design criteria and operation and maintenance requirements for each storm water practice. The manual may be updated and expanded from time to time, at the discretion of the City, based on improvements in engineering, science, monitoring and local maintenance experience. Storm water treatment practices that are designed and constructed in accordance with these design and sizing criteria shall meet the minimum water quality performance standards. Sec.78-261. Permit Procedures and Requirements. (a) Permit Required. No land owner or land operator shall receive any of the building, grading or other land development permits required for land disturbance activities without first meeting the requirements of this ordinance prior to commencing the proposed activity. (b) Application Requirements. Unless specifically excluded by this ordinance, any land owner or operator desiring a permit for a land disturbance activity shall submit to the City of Friendswood City Manager or his/her designee a permit application on a form provided for that purpose. 19 Sec. 78-262. Exemptions to Storm Water Management Requirements. (a) Exemptions for Providing Storm water Management. (1) Every applicant shall provide for storm water management as required by this ordinance, unless a written request is filed to waive this requirement. Requests to waive the storm water management plan requirements shall be submitted to the City of Friendswood City Manager or his/her designee for approval. (2) The minimum requirements for storm water management may be waived in whole or in part upon written request of the applicant, provided that at least one of the following conditions applies: A. It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this ordinance; B. Alternative minimum requirements for on-site management of storm water discharges have been established in a storm water management plan that has been approved by the City of Friendswood City Manager or his/her designee and the implementation of the plan is required by local ordinance; C. Provisions are made to manage storm water by an off-site facility.The off-site facility is required to be in place, to be designed and adequately sized to provide a level of stone water control that is equal to or greater than that which would be afforded by on-site practices and there is a legally obligated entity responsible for long-term operation and maintenance of the storm water practice; or D. Non-structural practices will be used on the site to reduce: a) the generation of storm water from the site, b) the size and cost of storm water storage and c) the pollutants generated at the site. These non-structural practices will be explained in detail in the storm water design manual and the amount of credit available for using such practices shall be determined by the City of Friendswood, City Manager or his designee. (3) In instances where one of the conditions above applies, the City of Friendswood City Manager or his/her designee may grant a waiver from strict compliance with these storm water management provisions, as long as acceptable mitigation measures are provided. However, to be eligible for a variance, the applicant must demonstrate to the satisfaction of the City of Friendswood City Manager or his/her designee that the variance will not result in the following impacts to downstream waterways: 20 A. Deterioration of existing culverts, bridges, and other structures; B. Degradation of biological functions or habitat; C. Accelerated stream bank or streambed erosion or silting; or D. Increased threat of flood damage to public health, life, property." Section 3. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 4. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. 21 PASSED AND APPROVED on first reading this 6th day of December 2004. PASSED, APPROVED, and ADOPTED on second and final reading this 17th day of January 2005. f �p Kimball W. Brizend" e V p Mayor ATT a a. �lPg OF Del ris McKenzie, TAW-— ' City Secretary MOTION: COUNCILMEMBER LAURA EWING 2ND: COUNCILMEMBER MEL MEASELES APPROVED: UNANIMOUSLY 22 APPENDIX 5-POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS APPENDIX 6-IMPLEMENTATION SCHEDULE Implementation Schedule and Best Management Practices for The City of Friendswood, Texas Education Personnel Develo In"lementatinn Minimum Control Measures BMP Example 2014 2015 201fi 2017 2018 Public Education,Outreach Update City's Websne with general Update website nnually Annually Twlee storm water adbmnatfon, veal( Post storm water messages on City's Post 1 storm water quality message Annually Annually Twica Web page yearly.". adroabonal Pamphlets Distribute pamphlets at City Hall,library 50 50 ]5 V00 and other public buildings Frn,kyee and Contrecter Outreach Develop onircach progrmar Presentation to cmployaes Qtly Ivhnttily Brocbares fen Norucsidentral Develop brochare x Facilities Distribute Bmchure daring inspections BiAnn luAm Qtly U Brochure for Construction Peruomel Develop Incelu e g Distribute during pernan process One/per And hrvolvement Advisory Commince(Citizen Panel) Form Advisory Committee(Citizen Panel) Update Comminee on mplementaticn of Annaally SWMP Participate in public rubeach event Part cipate i n oac(D public outreach event Bipnn BIAna Day n.c P.arth Day Provide Volunteer Opportunities Identify Volunteers Bipnn BIAnn Qtl Prov de support materials BIAnn BIAna Qfl Illicit Discharge Detection and Elininanon Stemn Water System Map Map existing storm water drainage system, X 100% 5001,per year Ordinance for Illicit discharge Develop end Finalize Ordinance dsteoficn and elimination Elicit discharge detection plan Evaluate existing po,,mn and identify gnnually Annually BiAm qtly additional resources and training needs Acquire needed resources,training and personnel Investigate 50%nfstwun 6y,per, too, Inspection progranm for regulated identify regulated businesses businesses Inspect 50%of regulated businesses 100 f. Provide mformnbon to regulated Develop brochure X businesses nn proper bamdling of discharges and chemicals Distribute during inspect ors of reguated One/per businesses Q w/per Prepared by "S CL CL 1mNQINEE nI Nt] Implementation Schedule and Best Management Practices for The City of Friendswood, Texas Allman m Control Measures RMP Example 2014 1 2015 2016 2017 2018 Construction Site Runoff Control Ordlaenae for erosinq sediment Develop and Finalize Orduv nos controls and conimis for other wastes Review Review as at construction sites needed Provide irrformatim reAnding Develop brochure requiretnenls for consnuenon site stems water controls durung site plan new D stribute broc6urn durivg site plan ra w One/ er One/ er needed One/part: ie Set no a reporting mechuusm for Identify department to investor reported X constructive site problems udneaction Set up method to forward mpor1,to X don,cated department(,)and 1plement 'asperse pro Construction site inspection program Develop Program X and enforcement nfcontrol measures inspect 50%ofce rstructien arvivAies 50% 50% Revlew 75% Post-Construction Runoff Control Integrcate post-o n"fin'tlon Develop and Ficahi c Ordinance Review as Review as requirements into ordinaoee(s)criteria X needed needed integrate post-concoction Develop pro,cron wid integrate with X wconemenk into siteplan review and westrucdon site programs inspection pmgmm implement program with canshmfien site X Implement pro a Pollntlon Prevention/Good Ilon,cl,, ping Provide apill response and prevention Develop c.W. X trourn,or orserena,me facility Provide rater,to City employees Annually Annually nnally Anuoulp Evaluate City maintwmrce'facility Observe pollution prevention procedures, X Review Review as wad homekeepivp and make needed recomm endatimrs Implement recemmoudaftens X r Prepar/ed�by bs oI cLi L IlwuiR[CL APPENDIX 7-NOTICE OF INTENT (NOI) Notice of Intent (NOI) for Storm Water TCEQ Office Use Only Permit No.: Discharges from Small Municipal Separate RN: Storm Sewer Systems (MS4) under the TPDES cN: TCEQ Phase II MS4 General Permit (TXR040000) 1� Did you know you can pay on line? Go to www.tcea.state.tx.us/ePav Select Fee Type: GENERAL PERMIT MS4 PHASE 11 STORM WATER DISCHARGE.NOT APPLICATION Application Fee: You must pay the$100 Application Fee to TCEQ for the application to be considered complete. How did you pay th s fee? ❑Mailed: Cheek/Money Order No.: Name Printed on Check: Voucher o.:11 EPAY: nt Voucher copy attached? LjYes IMPORTANT: -Use the attached INSTRUCTIONS when completing this form. -After completing this form,use the attached CUSTOMER CHECKLIST to make certain all items are complete and accurate. -Missing,illegible,of inaccurate items may delay final acknowledgment or coverage under the general permit. One (1)copy of the NOI and SWMP with the completed SWMP Cover Sheet MUST be submitted with the original NOI and SWMP. Is the copy attached? ✓❑ Yes A. OPERATOR(applicant) 1. If the applicant is currently a customer with TCEQ,what is the Customer Number(CN)issued to this entity? cN 600358105 2. What is the full Legal Name of the applicant? City of Friendswood TX (Pheexact egal name must be provided. 3. What is the applicant's mailing address as recognized by the US Postal Service? Address: 910 S. Friendswood Dr Suite No./B1dg.No./MatCode: oily: Friendswood state: Texas LIP code: 77546 Country Mailing Information(if outside USA). Country Code: Postal Code: 4. Phone No.: (281 ) 996-3200 Extension: 5. Fax No.: (281 ) 996-3260 E-mail Address: mkabiri ci.friendswood.tx.us 6. indicate the type of Customer: Federal Government ® State Government rj County Government MCity Government 0 Other Government 7. Number of Employees: 0 0-20; 021-100; E]101-250; []251-500;or E] 501 or higher B. BILLING ADDRESS The Operator is responsible for paying the annual fee.The annual fee will be assessed to permits active on September 1 of each year. TCEQ will send a bill to the address provided in this section. The Operator is responsible for terminating the permit when it is no longer needed. Is the billing address same as the Operator Address? E] Yes,go to Section C. E]No,fill out Section B 1. Billing Mailing Address: Suite No./Bldg.No./Mail Code: City: I State: 'LIP Code: 2. Country Mailing Information(if outside USA). Country Code: Postal Code: 3. Billing Contact(Attu or C/O): 4. Phone No.: ( ) Extension: 5. Fax No.: ( ) E-mail Address: TCEQ-20368(08/14/2007) Page I C. REGULATED ENTITY (RE) INFORMATION 1. Has the TCEQ issued a Regulated Entity Reference Number(RN)for the regulated MS4? Yes. What is the RN? RN No -TCEQ will assign the RN number after the NOI is submitted. 2. Name that is used to identify the small MS4(Regulated Entity). (Example: City ofXXXMS4) CitV of Friendswood TX MS4 3. Provide a brief description of the regulated MS4 boundaries: (Example:Area within the City of) XXX limits that is located within the xxx(e.g.Dallas)urbanized area.) he_coracrWe limits of the r a" Fri-ndcwnnd that is located within Harris2nd (ialyesten C:nnnti- i rhanj 4. a. What is the county where the largest residential population exists within the regulated MS4 boundaries? Galveston b. Is the MS4 located within additional counties? Yes No IT yes,what count s ?Harris 5. What is the latitude and longitude of the approximate center of the regulated portion of the small MS4? Latitude: 29N31'19" _ N Longitude: -95N11'32" W 6. What is the mailing address for the regulated entity? Is the RE mailing address the same as the Operator? Yes,go to Section F. ®No,provide the address. Street Number: Street Name: City: State: ZIP Code: D. 'GENERAL CHARACTERISTICS l 1. I certify that any portion of the regulated MS4 is not located on Indian Country Lands. E]Yes FINo If No,you must obtain authorization through EPA,Region VI. 2. What is the Standard Industrial Classification(SIC)code(see instructions for common codes): 9111 3. Has TCEQ"designated"the small MS4 as needing coverage under this general permit? r7j Yes No If"No"and no portion of the Small MS4 is located within an Urbanized Area as determined by the 2000 Decennial Census by the U.S.Bureau of Census requiring a NOI be submitted,the operator is not eligible for coverage under this general permit through the NOI. 4. Storm Water Management Program(SWMP) a. I certify that the SWMP submitted with this Notice of Intent has been developed according to the provisions of this general permit TXR040000. [Eyes 11 No b. I certify that the SWMP Cover Sheet is completed and attached to the front of the SWMP. E J Yes ®No If No to question a. or b.the application is considered incomplete and may be returned. b. Who is the person responsible for implementing or coordinating implementation of the SWMP? (Note:All contact information requested below is required.) Name: Morad Kabiri Title: Deputy Director of CDD Company: City of Friendswood Address: 910 S. Friendswood Dr SuiteNo.Bldg.No./Mail Code: City: Hendswood State: Texas ZIP Code: 77546 Phone No.: ( 281 ) 996-3203 J Extension: Fax No.: (281 ) 996-3260 1 E-mail Address: Mkabiri@ci.friendswoodJx.us 5. Seventh Minimum Control Measure(MCM)for Municipal Construction Activities a. Is the Minimum Control Measure for authorization to discharge storm water from municipal construction activities included with the attached SWMP? F—JYes �- No b. If you answered"Yes"to 5.a.,what are the boundaries within which those activities will occur? Note: If the boundaries are located outside of the urbanized area,then the entire SWMP must also incorporate the additional areas. TCEQ-20368(08/14/2007) Page 2 c. Is the discharge or potential discharge from regulated construction activities within the Recharge Zone,Contributing Zone, or Contributing zone within the Transition zone of the Edwards Aquifer? E]Yes E]No If the answer is"Yes",please note that a copy of the agency approved Plan required by the Edwards Aquifer Rule(30 TAC Chapter 213)must be either included or referenced in the construction storm water pollution prevention plan(s). 6. Discharge Information a What is the name of the receiving water body(s)from the MS4? Clear Creek, Chigger Creek, Cowards Creek, Mary's Creek, Dickinson Bayou b. What is the classified segment(s)that receives discharges,directly or indirectly,from the small MS4? 1102-Clear Creek, 1103b-Chigger Creek, 1104a-Cowards Creek, 1102b-Mary's Creek, 1103/04-Dickinson Bayou c.Are any of the surface water bodies receiving discharges from the small MS4 on the latest EPA-approved CWA§ 303(d) list of impaired waters? Dyes MNo 1 If Yes,what is the name of the impaired water body(s)receiving the discharges from the small MS4? II Clear Creek, Chigger Creek, Cowards Creek, Mary's Creek, Dickinson Bayou i d. Is the discharge into any other MS4 prior to discharge into surface water in the state? J Yes []No If Yes,what is the name of the MS4 Operator? Harris County Flood Control District and Galveston County Consolidated Drainage District 7. Edwards Aquifer Is the discharge or potential discharge from the MS4 within the RecharLerZone, Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer? 0 Yes ONO N0 If the answer is Yes,please note that a copy of the agency approved Plan required by the Edwards Aquifer Rule(30 TAC Chapter 213)for activities also regulated under this general permit must be either included or referenced in the SWMP. 8. Public Participation Process The Office of Chief Clerk will send the operator or person responsible for publishing notice,the notice of the executive director's preliminary determination of the NOI and SWMP,for publishing in a newspaper of largest circulation in the county where the small MS4 is located. If multiple counties,notice must be published at least once in the newspaper of largest circulation in the county containing the largest resident population. The applicant must file with the Chief Clerk a copy of an affidavit of the publication within 60 days of receiving the written instructions from the Office of Chief Clerk. a I will comply with the Public Participation requirements described in Part IT.D.12 of the general permit. Yes No If No,coverage under this general permit is not obtainable. b. Who is the person responsible for publishing notice of the executive director's preliminary determination on the NOI and SWMP? (Note:All contact information requested below is required.) Name: Deloris _McKenzie Title: City Secretar Company-.City of Friendswood Address: 910 S Friendswood Dr I Suite No./Bldg.No./Mail Code: City: Eriendswood State: Texas I Zip Code: 77546 Phone No.: ( 2$1 ) 996_3200 Extension: Fax No.: (281 ) 482-1634 E-mail Address: k zi i fri ndsw od x us c. What is the name and location of the public location where copies of the NOT and SWMP,as well as the executive director's general permit and fact sheet,may be viewed? _ Name of Public Place: City Hall Address of Public Place:910 S. Friendswood Drive Friendswood, TX 77546 County of Public Place: Galveston County, Texas i TCEQ-20368(08/14/2007) Page 3 E_ CERTIFICATION Check"Yes"to the certifications below. Failure to indicate"Yes"to ALL items may result in denial of coverage under the general permit. 1 certify that I have obtained a copy and understand the terms and conditions of the general permit TXR040000_ [Z]Yes 1 certify that the small MS4 qualifies for coverage under the general permit TXR040000. [Z)Ycs 1 understand that a Notice of Termination (NOT)must be submitted when this authorization is no longer needed. [Z]Yea 1 understand that permits active on September Ist of each year will be assessed an Annual Water Quality Fee. OYes Operator Certification: 1, Robert McDaniel City: Manager_ Typed or printed name Title 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. 1 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. Signature: Date: (Use blue ink) Ir TCEQ-20368 (08/14/1007) Pagc4 Did you complete everything? Use this checklist to be sure! Are you ready to mail your form to TCEQ? Go to the General Information Section of the Instructions for mailing addresses. Customer GP Notice of Intent Checklist TXR040000 This checklist is for use by the operator to ensure a complete application. Missing information may result in denial of coverage under the ermit. See NOI Process description in the Instructions Application Fee was paid through EPAY and payment voucher is attached or the Payment Submittal Form with payment was mailed to TCEQ Cashier's office. DO NOT MAIL THE PAYMENT WITH THE ORIGINAL NOI. Note: Use ePay to pay the application Fee. It helps to streamline processing of your application. OPERATOR INFORMATION-Confirm each item is complete: Customer Number(CN)issued by TCEQ Central Registry Operator Mailing Address is complete&verifiable with USPS. www.usps.com Phone Numbers/E-mail Address ✓ 'Type of Operator(Entity Type) Number of Employees ✓ Billing Address is com lete&verifiable with USPS www.usps.com REGULATED ENTITY(RE)INFORMATION ON PROJECT OR SITE-Confirm each item is complete: MS4 NamefRegulated Entity Name Site Description 19 Latitude and Longitude www.teeu.state.tx.us/¢is/draview.html or www.ten-aserver.mierosoRcom/advfnnd.mt)x. Business description _ E Site Mailing Address(checked same as operator or provided a complete&USES verifiable address. www.usns.coml GENERAL CHARACTERISTICS-Confirm each item is complete: Indian Country Lands the facility is not on Indian Country Lands Standard Industrial Classification(SIC)code www.osha.gov/oshstats/sieser.litml ✓ Qualifying TCEQ`Designated"Small MS4 ✓ Minimum Cono of Measure(MCM)for Municipal Construction Activities ✓ Discharge Information(receiving water body,segment no.,impaired water body(s)and MS4 Operator) Edwards Aquifer Rule ✓ Public Participation Information CERTIFICATION Certification statements have been checked indicating"Yes' Signature meets 30 Texas Administrative Code(TAC)'305.44 and is original and has been provided for the Operator. Storm Water Management Program(S WMP)and completed SWMP Cover Sheet are attached to the NOI. TCEQ-20368 NOI Checklist(08/14/2007) Page 1 Storm Water Management Program (SWMP) Cover Sheet Confirm Each Minimum Control Measure (MCM) Below is Included in the SWMP This cover sheet MUST be completed by indicating the page number where the requested item will be found in the SWMP. Provide the page number in the left column for each item. This cover sheet MUST be attached to the front of the SWMP. Operator Name on NOI: Page#.(s) MCM?1: :Public Education and Outreach on Storm Water Quality Issues 2-4 SWMP includes the following required elements: 1. Educational materials are distributed to the community,or equivalent public outreach is conducted. 2. The'following groups are included in the program,or the SWMP provides justification if the group is not included: residents,visitors,public service employees,businesses,commercial and industrial facilities, and construction site personnel. 3. Outreach informs groups about impacts storm water can have on water quality,hazards associated with illegal discharges,and steps they can take to reduce pollutants in storm water runoff. SWMP Lists Best Management Practices(BMPs)used to fulfill this MCM. 3 Examples of possible BMPs include,but are not limited to,the following: Classroom Education Use of media Education/Outreach for Commercial Activities Lawn and garden activities Promotional giveaways Water conservation practices for homeowners Outreach programs tailored to specific conummifies and children Storm water educational materials Educational displays,pamphlets,booklets,and utility stu'ffers Webpage Storm drain stenciling Speakers to community groups Encouragement of proper lawn and garden care Encouragement of low impact development Support of pollution prevention for businesses Encouragement of water conservation practices Encouragement of pet waste management Storm water hotlines 3 SWMP includes measurable goals,and the method of measurement,for addressing storm water quality. Q SWMP has been fully implemented,or includes a schedule of implementation not to exceed five(5)years from permit issuance date. _ Page N(s) MCM 2: Public Involvement/Participation ¢6 SWMP includes a program that complies with Slate and local public notice requirements. 5 SWMP lists BMPs used to fulfill this MCM. Examples of possible BMPs may include the following: Stakeholder meetings Community hotline Coordination with school groups/scouting Listserver Stream cleanup and monitoring Adopt-A-Stream programs Incentives for businesses to participate,such as web links TCEQ-20368 SWMP Cover Sheet(08/14/2007) Page I Volunteer monitoring Watershed Organization Storm drain stenciling programs Advisory/partner committees Mailing list development and use Reforestation programs Wetland plantings Coordinate volunteer programs 5 SWMP includes measurable goals,and the method of measurement-for addressing storm water quality. SWMP has been fully implemented,or includes a schedule of implementation not to exceed five(5)years from Yes permit issuance date. Page#(s) MCM 3 Illicit Discharge Detection and Elimination 6-9 SWMP includes the following required elements: 1. Description of program that will be used to detect and eliminate illicit discharges 2. Description of the manner and process to be used to effectively prohibit illicit discharges,including,at a minimum: a. List of detection techniques b. Appropriate actions and enforcement procedures for removing the source of an illicit discharge c. To the extent allowable under state and local law,an ordinance or other regulatory mechanism is utilized to prohibit and eliminate illicit discharges d. Description of local controls and conditions established for common and incidental non-storm water discharges that the operator does not consider illicit 3. Map of outfalls included or described in schedule,with following information: a. Locations of all outfalls b. Names and locations of waters of the U.S.receiving discharges from the MS4 c. Source(s)of information used to develop and update map SWMP Lists BMPs used to fulfill this MCM. Examples of possible BMPs may include the following: 8 List of non-storm water discharges that will not be considered illicit Procedures to address illegal dumping Hazardous materials disposal opportunities Industrial/Business connections Addressing wastewater connections to MS4 Addressing recreational sewage(boats/camping/etc.) System inspections Dye testing Recycling programs Informing public/employees/businesses ofhazards associated with illicit discharges Identification of illicit discharges Used oil collection centers Public outreach and education programs regarding illicit discharges Publicize and facilitate public reporting 8 SWMP includes measurable goals,and the method of measurement,for addressing storm water quality. YeS SWMP has been fully implemented,or includes a schedule of implementation not to exceed five(5)years from permit issuance date. Page#(s) MCM 4: Construction Site Storm Water Runof'Control SWMP mcludes the following required elements listed below: 9-12 1. Description of program that will be developed,implemented and enforced,to address storm water runoff from construction one acre and greater(including larger common plan) 2. Ordinance or other regulatory mechanism to require erosion and sediment controls,to the extent allowable under state and local law a. Ordinance/regulatory mechanism includes sanctions to ensure compliance,to the extent allowable under state and local law b. Program requires contractors to implement erosion and sediment control BMPs TCEQ-20368 SWMP Cover Sheet(08/14/2007) Page 2 C. Program requires contractors to control construction site waste 3. Procedures for site plan review to consider water quality impact's 4. Procedures for receipt and consideration of input from the public 5. Procedures for site inspection and enforcement of control measures,to the extent allowable under state and local law SWMP lists BMPs used to fulfill this MCM. Examples may include: 11 Requirement to comply with TPDES CGP Notification to discharger of responsibilities under TPDES CGP Hire staff to review construction site plans Provide a web page for public input on construction activities Require overall construction site waste management Perform site inspections and enforcement Provide education and training for construction site operators Notify dischargers of requirement to obtain TPDES permit coverage Mechanism to prohibit discharges into MS4 where necessary 11 SWMP includes treasurable goals,and the method of measurement,for addressing storm water quality. 11 SWMP includes measurable goals,and the method of measurement,for addressing storm water quality. Yes SWMP has been fully implemented,or includes a schedule of implementation not to exceed five(5)years from omit issuance date. Page#(s) MCM S: Post-Construction Storm Water.Management in Areas of New Development and Redevelopment 12-13 SWMP includes the following required elements listed below: 1. SWMP describes program that will be developed,implemented and enforced,to address storm water runoff from new development/redevelopment activities of one acre and greater(including larger common plan) 2. Program ensures controls are in place to address runoff 3. Strategies include structural and/or non-structural BMPs appropriate for the community 4. Ordinance or other.regulatory mechanism is in place or planned which will regulate discharges from new development and redevelopment projects 5. Long term operation and maintenance of BMPs is addressed 13 SWMP lists BMPs used to fulfill this MCM. Examples may include: Local ordinance in place or planned Guidance document for developers to utilize Specific BMPs established for particular watersheds List of appropriate BMPs provided to operators Elimination of curbs and gutters is encouraged Zoning takes into account storm water issues Incentives for use of permeable choices,such as porous pavement Requirements for wet ponds or other BMPs for certain size sites Xeriscaping 13 SWMP includes measurable goals,and the method of measurement,for addressing storm water quality. Yes SWMP has been fully implemented,or includes a schedule of implementation not to exceed five(5)years from permit issuance date. Page#(s) MCM 6. Pollution Prevention/Good Housekeeping Measures for Municipal Operations 13-16 SWMP includes the following required elements listed below: I. Operation and maintenance(O&M)program in place or scheduled,to reduce/prevent pollution from municipal operations 2. Housekeeping measures and BMPs that will reduce pollutants have been identified 3. Training provided for employees involved in municipal operations subject to the housekeeping/13MP requirements 4. Maintenance of structural BMPs(if applicable)is performed a. SWMP lists maintenance schedules for structural BMPs(if applicable) b. SWMP lists long term inspection procedures to reduce floatables TCEQ-20368 SWMP Cover Sheet(08/14/20077 Page 3 5. Waste is removed from MS4 and properly disposed a. Procedures for waste disposal are included for dredge spoil,accumulated sediment,and tloatables 6. List of municipal operations subject to O&M program or training program 7. List of municipally owned industrial activities subject to TPDES industrial storm water regulations 15 SWMP lists BMPs used to fulfill this MCM. Examples may include: BMPs which address fleet vehicle maintenance/washing BMPs which address parking lot and street cleaning Catch basin and storm drain system cleaning Landscaping and lawn care(e.g.xeriscaping) Waste materials management Road salt application and storage practices Used oil recycling Pest management practices Fire training facilities BMPs which address roadway and bridge maintenance Golf course maintenance/waste disposal Disposal of cigarette butts Park maintenance(e.g.,providing trash bags) 15 SWMP mcludes measurable goals,and the method of measurement,for addressing storm water quality. Yes SWMP has been fully implemented,or includes a schedule of implementation not to exceed five(5)years from permit issuance date. _ Page#(s) Optional 7tb MCM : Municipal Construction Activities(only available within the regulated area where the MS4 operator meets the definition of construction site operator) If this MCM is utilized applicable,SWMP must include the following information: N/A Description of how construction activities will generally be conducted so as to take into consideration local conditions of weather,soils,and other sitespecific considerations N/A Description of the area that this MCM will address and where the MS4 operator's construction activities are covered(e.g.within the boundary of the urbanized area,the corporate boundary,a special district boundary,an extra territorial jurisdiction,or other similar jurisdictional boundary) N/A If the area included in this MCM includes areas outside of the UA,then all MCMs will be implemented over those additional areas as well. N/A Description provided for one of the following: How contractor activities will be supervised or overseen to ensure that the SWP3 requirements are properly implemented at the construction site(s);or How the MS4 operator will make certain that contractors have a separate authorization for storm water discharges if needed, N/A General description of how a construction SWP3 will be developed for each construction site. TCEQ-20368 SWMP Cover Sheet(08/14/2007) Page 4 Notice of Intent (NOI) for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4) under the TPDES Phase II MS4 General Permit (TXR040000) General Information and Instructions GENERAL INFORMATION Where to Send the Notice of Intent(NOI)and S WNW, and other related forms: Note: One (1)copy of the NOI and SWMP must be submitted with the original NOI and SWMP. BY REGULAR U.S.MAIL BY OVERNIGnT/EXPRESS MAIL, Texas Commission on Environmental Quality Texas Commission on Environmental Quality Applications Review&Processing Team(MC148) Applications Review&Processing Team(MC 148) P.O.Box 13087 12100 Park 35 Circle Austin,TX 78711-3087 Austin,TX 78753 TCEQ Contact list: Application Processing Questions relating to the status and farm requirements: 512/239-4671 Technical Questions relating to the S WMP,MCM and general permit: 512/239-4671 or swen&tceu.smte.tx.us Environmental Law Division: 512/239-0600 Records Management for obtaining copies of forms submitted to TCEQ: 512/239-0900 Information Services for obtaining reports from program data bases(as available): 512/239-DATA(3282) Financial Administration-s Cashiers office: 512/239-0357 or 512/239-0187 Notice of Intent Process: When your NOT and S WMP is received by the program,the form will be processed as follows: 1. Administrative Review: Each item on the farm will be reviewed far a complete response.In addition,the operators legal name must be verified with Texas Secretary of State as valid and active(if applicable). The address(s)on the form must be verified with the US Postal service as an address receiving regular mail delivery.Never give an overaight/express mailing address. 2. Notice of Deficiency: If an item is incomplete or not verifiable as indicated above,a notice of deficiency(NOD)will be mailed to the operator. The operator will have 30 days to respond to the NOD. The response will be reviewed for completeness. 3. Technical Review of SWMP: More information may be requested by phone or technical NOD letter mailed to the SWMP contact. The executive director's preliminary determination on the NOI and SWMP will be prepared and filed with the TCEQ Chief Clerk. 4. Public Participation Process: The TCEQ Chief Clerk will mail written instructions for publishing the executive director's preliminary determination on the NOI and S WMP at least once in the newspaper of largest circulation in the county where the small MS4 is located. If applicable,a public meeting may be held. 5. Acknowledgment of Coverage: An Acknowledgment Certificate will be mailed to the operator. This certificate acknowledges coverage under the general permit. The approval may be made with conditions. -or- Denial of Coverage: Coverage maybe denied if the operator fails to respond to any NOD,the NOD response is inadequate,or finds the NOI and S WMP do not meet the requirements of this general permit.The operator will be notified. General Permit (Your Permit) Coverage tinder the general permit begins upon approval by the TCEQ. You should have a copy of your general permit when submitting your application. You may view and print your permit for which you are seeking coverage,on the TCEQ web site www.tceu.state.tx.us. General Permit Forms The Notice of Intent(NOD,Notice of Termination(NOT),and Notice of Change(NOC)with instructions me available in Adobe Acrobat PDF format on the TCEQ web site www.tcea.state.tx.us. Change in Operator An authorization under the general permit is not transferable. If the operator of the regulated entity changes,the present pennittee must submit a Notice of Termination and the new operator must submit a Notice of Intent. The NOT and NOI must be submitted no later than 10 days prior to the change in Operator status. TCEQ-20368 Instructions(08/14/2007) Page 1 TCEQ Central Registry Core Data Form The Core Data Form has been incorporated into this form. Do not send a core data form to TCEQ. After final acknowledgment of coverage under the general permit,the program will assign a Customer Number(CN)and Regulated Entity Number(RN). For MS4 Permits,a new RN will be assigned for each Notice of Intent filed with TCEQ,since the MS4 boundaries can overlap with other Customers. The RN assigned to the MS4 will not be assigned to any other TCEQ authorization. You can find the information on the Central Registry web site at www4.tceg.state.tx.us/cry. You can search by the Regulated Entity(RN),Customer Number(CN)or Name(Permittee),or by your permit number under the search field labeled AAdditimnal ID@. Capitalize all letters in the permit number. The Customer(Pennittee)is responsible for providing consistent information to the TCEQ,and for updating all CN and RN data for all authorzations as changes occur. For General Permits.a Notice of Change meeting signatory requirements must be submitted to the program area as required in the general permit. Fees are associated with a General Permit The general permit refers to two different fees that apply to the operator submitting allotice of Intent(NOT)and authorized under the General Permit. Payment of the fees may be made by check or money order,payable to TCEQ,or through EPAY(electronic payment)through the web). Fees: 1. Application Fee: This fee is required to be paid at the time the NOI is submitted. Failure to submit payment at the time the application is filed will cause delays in acknowledgment or denial of coverage under the general permit $ Mailed Payments: Payment must be mailed under separate cover at one of the addresses below using the attached Application Pee submittal form.(DO NOT SEND A COPY OF THE NOI WITH THE APPLICATION FEE SUBMITTAL, FORM) BY REGULAR U.S.MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality Financial Administration Division Financial Administration Division Cashier-s Office,MC-214 Cashier:s Office,MC-214 P.O.Box 13088 12100 Park 35 Circle Austin,TX 78711-3088 Austin,TX 78753 $ePAY Electronic Payment: Go to www.tceq.state.tx.us/epay When making the payment you must select Water Quality,then select the fee category`General Permit Wastewater Discharge Application'. You must include a copy of the payment voucher with your NOT. Your NOT will not be considered complete without the payment voucher. 2. Annual Water Quality Fee: This fee is assessed to operators with an active authorization under the general permit on September 1 of each year. The operator will receive an invoice for payment of the annual fee in December of each year The payment will be due 30 days from the invoice date. A 5% penalty will be assessed if the payment is received by TCEQ after the due date. Annual fee assessments cannot be waived as long as the authorization under the general permit is active on September]. ft--s important for the operator to submit a Notice of Termination(NOT)when coverage under the general permit is no Longer required.A NOT is effective on the postmarked date of mailing the form to TCEQ. It is recornmended that the NOT be mailed ruing a method that documents the date mailed and received by TCEQ. $Mailed Payments: You must return your payment with the billing coupon provided with the billing statement. $ePAY Electronic Payment: Go to www.tceq.state.tx.us/enay You must enter your account number provided at the top portion of your billing statement Payment methods include American Express,Mastercard,Visa,and electronic check payment(ACH). TCEQ-20368 Instructions(08/14/2007) ,Page 2 INSTRUCTIONS FOR FILLING OUT THE NOI FORM A.OPERATOR(As defined in the general permit.)' 1.TCEQ Issued Customer Number(CN) TCEQ=s Central Registry will assign cacti customer a number that begins with ACN,Q followed by nine digits.This is not a permit number,registration number,or license number. $ If this customer has not been assigned a Customer Reference Number,leave the space for the Customer Reference Number blank. $ If this customer has already been assigned this number,enter the operator's Customer Reference Nmnber in the space provided. 2. Legal Name Provide the legal name of the MS4 operator,as authorized to do business in Texas. The name must be provided exactly,as filed with the Texas Secretary of State(SOS),or on other legal documents forming the entity,that is filed in the county where doing business. You may contact the SOS at 512/463-5555,for more information related to filing in Texas. If filed in the county where doing business,provide a copy of the legal documents showing the legal name. 3.Operator Mailing Address Provide a complete mailing address for receiving mail from the TCEQ. The address must be verifiable with the US Postal Service at www.usps.com.,for regular mail delivery(not overnight express mail). If you find that the address is not verifiable using the USPS web search,please indicate the address is used by the USPS for regular mail delivery_ Country Mailing Information If this address is outside the United States,enter the territory time,country code,and any non-ZIP malting codes or other nonBU.S.Postal Service features here.If this address is inside the United States,leave these spaces blank. 4.Phone Number This number should correspond to this customer-s mailing address given earlier.Enter the area code and phone number hero.Leave AExtension@ blank if this customer-s phone system lacks this feature. 5.Fax Number and E-mail Address This number and E-mail address should correspond to operator=s mailing address provided earlier.(Optional Information) 6.Type of Entity Check only one box that identifies the type of entity. Government- Federal,state,county,or city government(as appropriate) the customer is either an agency of one of these levels of govermnent or the governmental body itself. 7.Number of Employees Check one box to show the number of employees for this customers entire company,at all locations.This is not necessarily the number of employees at the site named in the NOI. B.Billing Address An annual fee is assessed to each operator holding an active authorization under the general permit on September I of each year. Provide the complete mailing address where the annual fee invoice should be mailed. Verify the address with the USPS.It must be an address for delivery of regular mail,not overnight express mail. Also,provide a phone number of the operator's representative responsible for payment of the invoice. Country Mailing Information If this address is outside the United States,enter the territory name,country code,and any non-ZIP mailing codes or other notuBU.S.Postal Service features here.If this address is inside the United States,leave these spaces blank. C.REGULATED:'ENTITY F(RE)INFORMATION ON PROJECT:OR SITE 1.Regulated Entity Reference Number(RN)is issued by TCEQ=s Central Registry to sites(a location where a regulated activity occurs)regulated by TCEQ. A new regulated entity number is assigned by Central Registry for each new MS4 Notice of Intent since the area under control of the operator may overlap with other regulated entities. This RN will be assigned during administrative review of the Notice of Intent. 2.Site Name/Regulated Entity Provide the name of the MS4 operation as known by the public in linemen where the MS4 is located. The name you provide on this application will be used in the TCEQ Central Registry as the Regulated Entity. 3. Describe the boundaries of the regulated portion of the small MS4. 4. Name the county where the largest residential population exists within the MS4's regulated boundaries. If the regulated area falls within additional counties,provide the county names as secondaty. 5.Latitude and Longitude _ The Latitude and Longitude mast be the approximate center of the regulated portion of the small MS4. Enter the latitude and longitude of the site in either degrees,minutes,and seconds or decimal form.For help obtaining the latitude and longitude,go to: www.teca.state.tx.us/gis/drgviexv.htinI or www.tenaserver.microsottcom/advfind.asnx. TCEQ-20368 Instructions(08/14/2007) Page 3 SITE MAILING ADDRESS Provide a complete mailing address to be used by TCEQ for receiving mail. In most cases,the address is the same as the operator. If so,simply place a check mark in the box. If you provide a different address,please verify the address with USPS as instructed above for the operator address. D.GENERAL CHARACTERISTICS 1. Indian Country Lands If your site is located on Indian Country Lands,the TCEQ does not have authority to process your application. You must obtain authorization through EPA,Region VI,Dallas. Do not submit this form to TCEQ. Indian Country means(])all land within the limits of any American Indian reservation under thejurisdiction of the U.S.government,notwithstanding the issuance of my patent,and including rights-of-way running throughout the reservation;(2)all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof,and whether within or outside the limits of a State;and(3)all Indian allotments,the Indian titles which have not been extinguished,including rights-of-way running through the sane. Indian Tribe means any Indian Tribe,band,nation,or community recognized by the Secretary orthe Interior and exercising substantial governmental duties and powers. 2. Standard Industrial Classification (SIC) code Provide the SIC code that best describes the operator's primary business. Common SIC Codes are provided below. For help with SIC codes,go to yvww.osha.eov/oshstats/sieser.html 9111.Executive offices(such as for a city,county,etc.) 8221,Colleges,Universities,and Professional Schools 8222,Junior Colleges and Technical Institutes 9621,Regulation and Administration of Transportation Programs 4111,Local and Suburban Transit 4952,Sewerage Systems 4971,Irrigation Systems 9223,Correctional Institutions 9511,Air and Water Resource and Solid Waste Management(including flood control,drainage development,etc.) 3. TCEQ "Designated"small MS4 A small MST that is outside of urbanized area that is"designated"by TCEQ is eligible for coverage under this general permit. The small MST Operator must obtain authorization under this general permit or apply,for coverage under an individual TPDES storm water permit within 180 days of notification of their designation. Source for a list of Urbanized Area(UA)maps in Texas,mid the list of populations of cities and counties within the UAs: http://cfpttbl epa eov/npdes/stomiwater/urbamnmresultofli?state=TX 4. SWMP a. The NOI must include the SWMP when submitted to TCEQ for processing,and the Operator is required to certify the SWMP has been developed according to the general permit. Also,the SWMP Cover Sheet rust be completed and placed to the front of the SWMP. When completing the SWMP Cover Sheet,be sure to enter the page number and/or page range for each item under an MCM. b.The general permit requires the name,address,phone number mid fax number of the designated person responsible for implementing or coordinating implementation of the SWMP. All information is required with the exception of email,however,this information is desired. Changes to the SWMP may require TCEQ approval. Changes must be submitted by Notice of Change to the same address as the NOT. The Notice of Change will with either be automatically approved or additional information maybe requested before approval. 5. 7'Minimum Control Measure (MCM) a. indicate if the municipality is seeking coverage under this general permit for municipal construction activities where the municipality meets the definition of"constmeton site operator". b. If authorization for municipal construction activities is proposed in this NOI the developed MCM must be included with the SWMP and the NOI must include a description of the boundaries covered in the MCM. The area included for this MCM must include only the regulated MST area;or it may include additional areas of the MS4 if all other MCMs are implemented over the additional area as well. This coverage may be obtained after the original NOT is approved. This may be accomplished by submitting a Notice of Change that includes the developed MCM and a description of the proposed municipal construction activity boundaries addressed in the MCM. If the MS4 operator proposes to include additional areas outside of the regulated MS4,then the Notice of Change must also indicate that the MST operator will implement the entire SWMP over the additional areas. a If the discharge or potential discharge from regulated construction activities is within the Recharge Zone,Contributing Zone,or Contributing Zone within the Transition Zone of the Edwards Aquifer,then additional requirements may exist under the Edwards Aquifer Protection Program(30 TAC Chapter 213). For construction activities that coil I be regulated under TXR040000,the approved Contributing Zone Plan or Water Pollution Abatement TCEQ-20368 Instructions(08/14/2007) Page 4 Plan must be included or referenced as part of the construction site storm water pollution prevention plan. For other activities regulated under 30 TAC Chapter 213,information must be included in the SWMP. Compliance with any Edwards Aquifer requirements is required in addition to the requirements of this general permit. 6.Discharge Information a.The storm water may be discharged directly to a receiving stream or through another MS4*from your MS4.It eventually reaches a receiving water body such as a local stream or lake,possibly via a drainage ditch. You must provide the name of the surface water body that receives the discharge from the site(a local stream or lake). Please note that this general permit does not grant permission to use another MS4 as a conveyance of storm water and certain non-storm water discharges along the discharge route. b.Identify the classified segment number(s)receiving a discharge directly or indirectly.Go to the link to find the segment number of the classified water body where wastewater will flow http://www.tceq.state.tx us/cmnnliance/monitoring/water/quality/dat'a/wgnilviewer/viewer html. c. Identify any surface water bodies receiving discharges from the small MS4 that are on the latest EPA-approved CWA§303(d)list of impaired waters. EPA approved CWA 303d list of impaired waters can be found at- ham://N uw,.teeg.state.tx.us/coml)liauce/monitoring/water/quality/data/wgni/305 303.htnrl d. Identify the MS4*Operator name if the storm water discharge is into an MS4. *MS4 is an acronym for Municipal separate storm sewer system. MS4 is defined as a separate storm sewer system owned or operated by a state,city, town,county,district,association,or other public body(created by or pursuant to state law)havingjurisdiction over disposal of sewage,industrial wastes, storm water,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 water in the state. For assistance,you may call the technical staff of the Water Quality Assessment&Standards Section at 512/239-4671. 7. Edwards Aquifer Rule See maps on the TCEQ website to determine if the site is located within the Recharge Zone,Contributing Zone,or Contributing Zone within the Transition Zone of the Edwards Aquifer at liftp://www.teeci.state.tx.us/compliance/field ops/eapn/viewer.lutml. If the discharge or potential discharge is within the Recharge Zone,Contributing Zone,or Contributing Zone within the Transition Zone of the Edwards Aquifer,then additional requirements may exist under the Edwards Aquifer Protection Program(30 TAC Chapter 213). For activities regulated under 30 TAC Chapter 213,any required plans must be included in the SWMP. Compliance with any Edwards Aquifer requirements is required in addition to the requirements of this general permit. 8. Public Participation The applicant must indicate on the NOI that it will comply with the public participation requirements described in Part U.D.12 of the general permit. The person responsible for receiving the information fiom the TCEQ Chief Clerk for publishing in the newspaper must be identified aid all contact information must be provided. After review of the NOI and SWMP is complete,the Office of Chief Clerk will mail the Executive Director's preliminary determination to the contact provided in the NOI for publishing in the newspaper of largest circulation in the county of the small MS4. The comment period begins on the first date the notice is published aid ends 30 days later,unless a public meeting is held. If a public meeting is held it will end at the closing of the public meeting. The applicant must file with the Chief Clerk a copy and an affidavit of the publication ofnotice(s)within 60 days of eceiving the written instructions from the Office of Chief Clerk. If significant public interest exists,the executive director will direct the applicant to publish notice of the tweeting and to hold the public meeting. The applicant must publish the notice of public meeting at least 30 days prior to the public meeting and hold the meeting in the county where the MS4 is located. E. CERTIFICATIONS Failure to indicate Ayes@ to ALL of the certification items may result in denial of coverage under the general permit. The certification must bear an original signature of a person meeting the signatory requirements specified under 30 Texas Administrative Code(TAC) §305.44. IF YOU ARE A CORPORATION: The regulation that controls who may sign an NOI or similar form is 30 Texas Administrative Code §305.44(a)(1)(see 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. TCEQ-20368 Instructions(08/14/2007) Page 5 IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY: The regulation that controls who may sign an NOT or similar form is 30 Texas Administrative Code §305.44(a)(3)(see 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 statute(s)under which your government entity was formed.An NOT or similar document that is signed by a government official who is not a ranking elected official or principal executive officer does not confotm 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 NOT 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. 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-malting 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 apartnersltp 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). TCEQ-20368 Instructions(08/14/2007) Page 6 Texas Commission on Environmental Quality General Permit Payment Submittal Form DO NOT SEND THE ORIGINAL or COPY OF NOI WITH PAYMENT FORM Use this form to submit your Application Fee only if you are mailing your payment. $Complete items I through 5 below: $Staple your check in the space provided at the bottom of this document. $Do not mail this form with your NOI farm. $Do not mail this form to the same address as your NOI. Mail this form and your check to_: BY REGULAR U.S.MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality 'Texas Commission on Environmental Quality Financial Administration Division Financial Administration Division Cashiers Office,MC-214 Cashier<s Office,MC-214 P.O.Box 13088 12100 Park 35 Circie Austin,TX 78711-3088 Austin,TX 78753 Fee Cade:GPA General Permit:TXR040000 1. Check/Money Order No: 2. Amount of Check/Money Order: 3. Date of Check or Money Order: 4. Name on Check or Money Order: 5. NOI INFORMATION If the check is for more than one NOT,list each Project/Site(RE)Name and Physical Address exactly as provided on the NOT. DO NOT SUBMIT A COPY OF TAE.NOI WITH THIS FORM AS IT COULD CAUSE DUPLICATE PERMIT ENTRIES. See Attached List of Sites (If more space is needed,you may attach a list.) Project/Site(RE)Name: City of Friendswood, TX MS4 Project/Site(RE)Physical Address: Galveston Staple Check In This Space TCEQ-20134 (04/14/2007) Page 1 APPENDIX 8-TPDES GENERAL PERMIT TCEQ Office Use Only Permi t No.: RN: CN: Region: TCEQ Notice of Intent (NOI) for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) under the TPDES Phase II MS4 General Permit (TXR040000) IMPORTANT: • Use the INSTRUCTIONS to fill out each question in this form. • Use the CHECKLIST to make certain you filled out all required information. Incomplete applications WILL delay approval or result in automatic denial. • Once processed your authorization can be viewed at: http://www2.tceg.texas.gov/" dpa/index.cfm APPLICATION FEE: • You must pay the$100 Application Fee to TCEQ for the paper application to be complete. • Payment and NOI must be mailed to separate addresses. • Did you know you can pay on line? • Got0h!Ws://w"w3.tceg.texas.gov/epay/index.cfrn • Select Fee Type: GENERAL PERMIT MS4 PHASE II STORM WATER DISCHARGE NOI APPLICATION • Provide your payment information below,for verification of payment: Mailed W1 Check/Money Order No.: Name Printed on Check: EPAY F1 Voucher No.: Is the Payment Voucher copy attached? ®Yes One(1)copy of the NOI and Stormwater Management Program(SWMP)with the completed SWMP Cover Sheet MUST be submitted with the original NOI and SWMP. Is the copy attached? Q Yes RENEWAL: Is this NOI a Renewal of an existing Phase II MS4 General Permit Authorization? (Note:An authorization cannot be renewed after June 11, 2014.) P1 Yes The existing authorization number is: TXRo4 0000 (If an authorization number is not provided, a new number will be assigned.) r] No TCEQ 20368(12/13/2013) Page 1 O. O. a. If the applicant is currently a customer with TCEQ,what is the Customer Number(CN) issued to this entity? You may search for your CN at: http://wwwl2.tceq.texas.gov/crpub/``index.cfm?fuseaction=cust.CustSearch CN 60035810.5 b. What is the Legal Name of the entity(applicant) applying for this permit? City of Friendswood,TX (The exact legal name must be provided.) c. What is the name and title of the person signing the application? The person must be an executive official meeting signatory requirements in 3o TAC 305.44(x)• Prefix(Mr.Ms. Miss): Mr. First/Last Name: Roger Roecker Suffix: Title: City Manager Credential: d. What is the contact information for the Operator Contact(Responsible Authority)? The mailing address must be recognized by the US Postal Service. You may verify the address at: bns://tools.usl2s.com/go/ZipLookupAction!input.action Phone Number:(281) 996-3250 Ext: Fax Number:(281)482-3722 E-mail: rroecker@friendswood.com Mailing Address:910 S. Friendswood Dr. Internal Routing(Mail Code,Etc.): City Manager's Office City:Friendswood State:TX ZIP Code:77,546 If outside USA: Territory: Country Code: Postal Code: e. Indicate the type of Customer he instructions will help determine your customer type): Federal Government Ll State Government rl County Government VI City Government r7 Other Government f. Number of Employees: ri 0-20; 11 21-100; 171101-250; ❑251-500;or [71 501 or higher BILLING ADDRESS The Operator is responsible for paying the annual fee. The annual fee will be assessed to authorizations active on September 1 of each year. TCEQ will send a bill to the address provided in this section. The Operator is responsible for terminating the permit when it is no longer needed. Is the billing address the same as the Operator Address? Yes,go to Section 3). No,complete section below Phone Number: Ext: Fax Number: E-mail: Mailing Address: Internal Routing(Mail Code,Etc.): City: State: ZIP Code: Mailing Information if outside USA: Territory: Country Code: Postal Code: TCEQ 20368(12/13/2013) Page 2 3) �REGULATED ENTITY(RE) INFORMATIOY If the site of your business is part of a larger business site or if other businesses were located at this site before yours,a Regulated Entity Number(RN)may already be assigned for the larger site. Use the RN assigned for the larger site. Search TCEQ's Central Registry to see if the larger site may already be registered as a regulated site at: http://wwwl2.tceg.texas.gov/crpub/index.efm?fuseaction=regent.RNSearch. If the site is found,provide the assigned Regulated Entity Reference Number and provide the information for the site to be authorized through this application below. The site information for this authorization may vary from the larger site information. a. TCEQ issued RE Reference Number(RN): RN b. Name that is used to identify the small MS4(Example: City of XXX MS4) City of Friendswood, TX MS4 e. Provide a brief description of the regulated MS4 boundaries: (Example:Area within the City of XXXX limits that is located within the xxx(e.g.Dallas)urbanized area): corporate limits of Friendswood City located within Harris lveston Counties urbaniz areas d. County where the largest residential population exists within the regulated MS4 boundaries: Galveston Is the MS4 located within additional counties? P1 Yes—If Yes,what county(or counties)? Harris F1 No e. Latitude: 29 31'19" Longitude: -95 11'32" a. Is the project/site located on Indian Country Lands? rl Yes—If Yes,you must obtain authorization through EPA, Region 6. P1 No b. What is applicant's Standard Industrial Classification(SIC) code? SIC Code: 9111 c. What is the category or level of the MS4 based on the population served? Level is Operators of traditional small MS4s that serve a population of less than 10,000 within an urbanized area(UA). 0 Level 2: Operators of traditional small MS4s that serve a population of at least 10,000 but less than 40,000 within an UA. This category also includes all non-traditional small MS4s such as counties, drainage districts,transpiration entities,military bases,universities, colleges, correctional institutions,municipal utility districts and other special districts regardless of population served within the UA,unless the non-traditional MS4 can demonstrate that it meets the criteria for a waiver from permit coverage based on the population served. TCEQ 20368(12/13/2013) Page 3 Ej Level 3: Operators of traditional small MS4s that serve a population of at least 40,000 but less than ioo,000 within an UA. El Level 4: Operators of traditional small MS4s that serve a population of 100,000 or more within an UA. d. Has TCEQ"designated"the small MS4 as needing coverage under this general permit? Yes No-If No and no portion of the small MS4 is located within an UA as determined by the 2000 or 2010 Decennial Census by the U.S Bureau of Census requiring a NOI be submitted,the operator is not eligible for coverage under this general permit through the NOI. e. What is your annual reporting year? Calendar year 0 MS4 general permit year El Fiscal year—If Fiscal year,what is the last day of the fiscal year? f. Stormwater Management Program(SWMP) 1. I certify that the SWMP submitted with this Notice of Intent has been developed according to the provisions of this general permit TXR040000. V Yes ri No—If No,the application is considered incomplete and may be returned. 2. I certify that the SWMP Cover Sheet is completed and attached to the front of the SWMP. 91 Yes No—If No,the application is considered incomplete and may be returned. 3. Who is the person responsible for implementing or coordinating implementation of the SWMP? (Note: All contact information requested below is required.) First/Last Name: Catharine Gray Title:Assistant Storm Water Coordinator Company:City of Friendswood Phone Number:(281)996-3205 Ext: Fax Number:(281) 996-3260 E-mail:cgray@friendswood.com _ Mailing Address:910 S. Friendswood Dr. Internal Routing(Mail Code, Etc.): City:Friendswood State:TX ZIP Code:77546 g. 7th Minimum Control Measure(MCM)for Municipal Construction Activities 1. Is the MCM for authorization to discharge stormwater from municipal construction activities included with the attached SWMP? Yes—If Yes,what are the boundaries within which those activities will occur? (Note: If the boundaries are located outside of the urbanized area,then the entire SWMP must also incorporate the additional areas.) No TCEQ 20368 (12/13/2013) Page 4 2. Is the discharge or potential discharge from regulated construction activities within the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer? Yes—If Yes,please note that a copy of the agency approved Water Pollution Abatement Plan(WPAP)required by the Edward Aquifer Rule(3o TAC Chapter 213)must be either included or referenced in the construction stormwater pollution prevention plan(s). No h. Discharge Information 1. What is the name of the water body(ies)receiving stormwater from the MS4? Clear Creek, Chigger Creek, Cowards Creek, Marys Creek, Dickinson Bayou 2. What is the classified segment(s)that receives discharges, directly or indirectly,from the small MS4? 1102/Clear Creek uo3b/Chigger Creek 1104a/Cowards Creek 1102b/Marys Creek 1103 04 Dic lnson Bayou 3. Are any of the surface water body(ies)receiving discharges from the small MS4 on the latest EPA-approved Clean Water Act(CWA) §303(d)list of impaired waters? F7 Yes—If Yes: What is the name of the impaired water body(ies)receiving the discharge from the small MS4? Clear Creek Chigger Creek, Cowards Creek, Marys Creek, Dickinson Bayou What are the pollutants of concern? El No 4. Is the discharge into any other MS4 prior to discharge into surface water in the state? Yes—If Yes,what is the name of the MS4 Operator? Harris County Flood Control District and Galveston County Consolidated No Drainage District L Edwards Aquifer Is the discharge or potential discharge from the MS4 within the Recharge Zone, Contributing Zone,or Contributing Zone within the Transition Zone of the Edwards Aquifer? F7 Yes-If Yes,complete certification below by checking"Yes". Q No I certify that a copy of the TCEQ approved WPAP required by the Edwards Aquifer Rule(3o TAC Chapter 213)is either included or referenced in the SWMP. j. Public Participation Process The Office of Chief Clerk will send the operator or person responsible for publishing,the notice of the executive director's preliminary determination of the NOI and SWMP,in a newspaper of general circulation in the county where the small MS4 is located. If multiple TCEQ 20368(12/13/2013) Page 5 counties,notice must be published at least once in the newspaper of general circulation in the county containing the largest resident population. The applicant must file with the Chief Clerk a copy of an affidavit of the publication within 6o days of receiving the written instructions from the Office of Chief Clerk. 1. I will comply with the Public Participation requirements described in Part ILE12 of the general permit. F Yes M No—If No, coverage under this general permit is not obtainable. 2. Who is the person responsible for publishing notice of the executive director's preliminary determination on the NOI and SWMP? (Note: All contact information requested below is required.) First/Last Name:Melinda Welsh Title:City Secretary Company:City of Friendswood Phone Number:(281)996-3275 Ext: Fax Number:(281)482-0936 E-mail:-mwelsh@friendswood.com Mailing Address:910 S. Friendswood Dr. Internal Routing(Mail Code,Etc.): City:Friendswood State:TX ZIP Code:77546 3. What is the name and location of the public location where copies of the NOI and SWMP,as well as the executive director's general permit and fact sheet,maybe reviewed? Name of Public Place:City Hall Address of Public Place:910 South Friendswood Drive, Friendswood,TX 77546 County of Public Place:Galveston 5) CERTIFICATION Check Yes to the certifications below. Failure to indicate Yes to ALL items may result in denial of coverage under the general permit. a. I certify that I have obtained a copy and understand the terms and conditions of the Phase II (Small)MS4 General Permit TXR040000. P1 Yes b. I certify that the small MS4 qualifies for coverage under the general permit TXR040000. V1 Yes c. I understand that a Notice of Termination(NOT)must be submitted when this authorization is no longer needed. ®✓ Yes d. 1 understand that authorization active on September 1st of each year will be accessed an Annual Water Quality Fee. P1 Yes TCEQ 20368(12/13/2013) Page 6 Operator Certification: I Roger Roecker City Manager Typed or printed name Title 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 3o Texas Administrative Code §305.44 to sign and submit this document,and can provide documentation in proof of such authorization upon request. Signature: Date: (Use blue ink) TCEQ 20368(12/13/2013) Page 7 NOTICE OF INTENT CHECIGaIST 0. • Did you complete everything? Use this checklist to be sure! • Are you ready to mail your form to TCEQ? Go to the General Information Section of the Instructions for mailing addresses. This checklist is for use by the operator to ensure a complete application. Missing information may result in denial of coverage under the general permit. (See NOI process description in the Instructions) Application Fee: If paying by Check: Check was mailed separately to the TCEQs Cashier's Office. (See Instructions for Cashier's address and Application address.) Check number and name on check is provided in this application. If using ePay: The voucher number is provided in this application or a copy of the voucher is attached. AUTHORIZATION NUMBER: M Authorization number provided—if this application is for renewal of an existing authorization. OPERATOR INFORMATION-:Confirm each item is complete: M Customer Number(CN)issued by TCEQ Central Registry Legal name as filed to do business in Texas (Call TX SOS 512/463-5555) Name and title of responsible authority signing the application M Mailing address is complete&verifiable with USPS. www.usps.com M Phone numbers/e-mail address M Type of operator(entity type) Number of employees Billing address is complete&verifiable with USPS.htt //www.usps.com REGULATED ENTITY(RE)INFORMATION ON PROJECT OR SITE-Confirm each item is complete: M MS4/Regulated Entity Name Site description Latitude and longitude http://www.tceq.texas.gov/gis/sgmaview.html County Site/project physical address. Do not use a rural route or post office box. Business description GENERAL CHARACi'ERISTICS-Confirm each item is com lete: M Indian Country Lands—the facility is not on Indian Country Lands Standard Industrial Classification(SIC)Code www.osha.gov/oslistats/sieser.litml M Level of MS4 M Qualifying TCEQ"Designated"small MS4 M Annual Reporting Year rl 7th Minimum Control Measurement(MCM)for Municipal Construction Activities Discharge information Edwards Aquifer rule Public participation information CERTIFICATION ® Certification statements have been checked indicating"Yes" M Signature meets 3o Texas Administrative Code(TAC)305.44 and is original. El Stormwater Management Program(SWMP),and completed SWMP Cover Sheet are attached to the NOI. TCEQ-20368 Checklist(12/13/2013) Page I m. . . � Confirm Each Minimum Control Measure(MCM)Below is Included in the SWMP This cover sheet MUST be completed by indicating the page number where the requested item will be found in the SWMP. Provide the page number to the left of each item. This cover sheet MUST be attached to the front of the SWMP. Operator: Operator name on NOL•City of Friendswood,TX MS4 Assessment of program elements: ® Program elements that were described in the previous permit have been assessed and modified as necessary. New elements have been developed and implemented as necessary. El N/A,If newly regulated MS4. MCM 1: Public Education,Outreach,and Involvement Page# (s) —Provide the page number(s)to the left of each item. The SWMP includes the following required elements: Requirements for all MS4s: 1. SWMP includes a stormwater education and outreach program to educate public 2-4 employees,business,and the general public about hazards associated with the illegal discharges and improper disposal of waste and about the impacts stormwater can have on water quality, and steps they can take to reduce pollutants in stormwater. 0 2. Defines the goals and objectives of the program based on high-priority community-wide issues. 0 3. Identifies the target audiences. 0 4. Appropriate educational material is developed or used. ® 5. Education material is distributed. SWMP Lists Best Management Practices(BMPs)used to fulfill this MCM. 2-4 Examples of possible BMPs include,but are not limited to,the following: • Classroom Education • Use of media • Education/Outreach for Commercial Activities • Lawn and garden activities • Promotional giveaways • Water conservation practices for homeowners • Outreach programs tailored to specific communities and children • Stormwater educational materials • Educational displays,pamphlets,booklets,and utility stutters • Webpage • Storm drain stenciling • Speakers to community groups • Encouragement of proper lawn and garden care • Encouragement of low impact development • Support of pollution prevention for businesses TCEQ-20368 SWMP Cover Sheet(12/13/2013) Page 1 • Encouragement of water conservation practices 2 4 Encouragement of pet waste management • Stormwater hotlines ® 6. SWMP includes a program that complies with state and local public notice requirements. 0 7. May include using public input in the implementation of the program. 5 8. May include opportunities for citizen to participate in implementation of control measures. 0 9. Ensure the public easily can find information about the SWMP. SWMP Lists Best Management Practices(BMPs)used to fulfill this MCM. 5 Examples of possible BMPs include,but are not limited to,the following: • Stakeholder meetings • Community hotline • Coordination with school groups/scouting • Listserver • Stream cleanup and monitoring • Adopt-A-Stream programs • Incentives for businesses to participate,such as web links • Volunteer monitoring • Watershed Organization • Storm drain stenciling programs • Advisory/partner committees • Mailing list development and use • Reforestation programs • Wetland plantings • Coordinate volunteer programs. SWMP includes measureable goals,and the method of measurement,for addressing stormwater quality SWMP has been fully implemented, or includes a schedule of implementation not to exceed five(5)years from permit issuance date. MCM 2: Illicit Discharge Detection and Elimination Page# (s) —Provide the page number(s)to the left of each item. The SWMP includes the following required elements: Requirements for all MS4s: 1. Description of program that will be used to detect,investigate and eliminate illicit discharges 2. MS4 map: a. Location of all small MS4 outfalls operated by the MS4 and that discharge into waters of the U.S. b. Location and name of all surface waters receiving discharge from the MS4s outfalls. c. Priority areas,if applicable. ® 3. Methods for informing and training MS4 field staff. 0 4. Procedures for tracing the source of an illicit discharge. TCEQ-20368 SWMP Cover Sheet(12/13/2013) Page 2 ® 5. Procedures for removing the source of the illicit discharge. ® 6. Facilitate public reporting of illicit discharges of water quality impacts associated with discharges into or from the small MS4. ® 7. Procedures for responding to illicit discharges and spills. 0 8. Inspections in response to complaints. 0 Additional Requirements for Level 2, 3, and 4 small MS4s: For Level 2,3, and 4 small MS4,procedures to prevent and correct leaking on-site sewage disposal systems. Additional Requirements for Level 3 and 4 small MS4s: Follow-up investigation after the illicit discharge has been eliminated. Additional Requirements for Level 4 small MS4s: 1. Procedures for identifying and creating a list of priority areas within the small MS4s likely to have illicit discharges. 2. Implement a dry weather field screening program to assist in detecting and eliminating illicit discharges to the small MS4. SWMP Lists Best Management Practices(BMPs)used to fulfill this MCM. 8 Examples of possible BMPs may include the following: • List of non-stormwater discharges that will not be considered illicit • Procedures to address illegal dumping • Hazardous materials disposal opportunities • Industrial/Business connections • Addressing wastewater connections to MS4 • Addressing recreational sewage(boats/camping/etc.) • System inspections • Dye testing • Recycling programs • Informing public/employees/businesses of hazards associated with illicit discharges • Identification of illicit discharges • Used oil collection centers • Public outreach and education programs regarding illicit discharges • Publicize and facilitate public reporting SWMP includes measureable goals, and the method of measurement,for addressing stormwater quality. SWMP has been fully implemented,or includes a schedule of implementation not to exceed five(5)years from permit issuance date. MCM 3: Construction Site Stormwater Runoff Control Page # (s)—Provide the page number(s)to the left of each item. The SWMP includes the following required elements: TCEQ-20368 SWMP Cover Sheet(12/13/2013) Page 3 Requirements for all MS48: 9 1. Description of program that will be developed,implemented and enforced,to address stormwater runoff from construction once acre and greater(including larger common plan). 10 2. Ordinance or other regulatory mechanism to require erosion and sediment controls,as well as sanctions to ensure compliance,to the extent allowable under state and local taw. 3. Program requires construction site operators to implement erosion and sediment 10 control–BMPs to minimize the discharge of pollutants. a. Program requires soil stabilization measures,and implementation of BMPs to control pollutants from equipment and vehicle washing and other wash waters. b. Program requires operators to minimize exposure to stormwater of building materials,building products, construction wastes,trash, landscape materials,fertilizers,pesticides,herbicides, detergents,sanitary waste,and other materials. c. Minimize the discharge of pollutants from spills and leaks. As an alternative, ensure that the construction site has developed a stormwater pollution prevention plan in accordance with the TPDES Construction General Permit TXR150000. 10 4. Program prohibits illicit discharges such as wash out wastewater,fuels,oils, soaps,solvents,and dewatering activities. u 5. Procedures for construction site plan review to consider water quality impacts. 1x 6. Procedures for construction site inspections and enforcement of control measures,to the extent allowable under state and local law. u 7. Procedures for receipt and consideration of information submitted by the public. u 8. Procedures for MS4 staff training. Additional Requirements for Level 3, and 4 small MS4s: Includes an inventory of all permitted active construction sites greater than one acre or less than one acre if part of a larger common plan of development. SWMP lists BMPs used to fulfill this MCM.Examples may include: • Requirement to comply with TPDES CGP • Notification to discharger of responsibilities under TPDES CGP • Hire staff to review construction site plans • Provide a web page for public input on construction activities • Require overall construction site waste management • Perform site inspections and enforcement • Provide education and training for construction site operators • Notify dischargers of requirement to obtain TPDES permit coverage • Mechanism to prohibit discharges into MS4 where necessary u SWMP includes measurable goals,and the method of measurement,for addressing stormwater quality. FE-1SWMP has been fully implemented, or includes a schedule of implementation not to exceed exceed five(5)years from permit issuance date. TCEQ-20368 SWMP Cover Sheet(12/13/2013) Page 4 MCM 4: Post-Construction Stormwater Management in New Development and Redevelo merit Page# (s) —Provide the page number(s)to the left of each item. The SWMP includes the following required elements: Requirements for all MS4s: rz 1. Description of program that will be developed,implemented and enforced,to address stormwater runoff from new development and redeveloped sites that discharge into the small MS4 that disturb one acre or more,including projects that disturb less than one acre that are part of a larger common plan of development or sale. rz 2. Ordinance or other regulatory mechanism is in place or planned which will regulate discharges from new development and redevelopment projects. rz 3. Establish,implement, and enforce a requirement that owners or operators of new development and redeveloped sites design,install,implement, and maintain a combination of structural and non-structural BMPs appropriate for the community and that protects water quality. t2 4. Document and maintain records of enforcement actions. 12 5. Long-term operation and maintenance of post construction stormwater control measures is addressed. rz 6. Operation and maintenance is documented. Additional Requirements for Level 4 small MS4s: 1. Develop and implement an inspection program to ensure that all post construction stormwater control measures are operating correctly and are being maintained. 2. Inspections are documented. SWMP lists BMPs used to fulfill this MCM. Examples may include: • Local ordinance in place or planned • Guidance document for developers to utilize • Specific BMPs established for particular watersheds • List of appropriate BMPs provided to operators • Elimination of curbs and gutters is encouraged • Zoning takes into account stormwater issues • Incentives for use of permeable choices,such as porous pavement • Requirements for wet ponds or other BMPs for certain size sites • Xeriscaping r3 SWMP includes measurable goals, and the method of measurement,for addressing stormwater quality. r3 SWMP has been fully implemented, or includes a schedule of implementation not to exceed five(5)years from permit issuance date. TCEQ-2036S SWMP Cover Sheet(12/13/2013) Page 5 MCM 5: Pollution Prevention and Goods Housekeeping for Municipal Operations Page# (s)—Provide the page number(s)to the left of each item. The SWMP includes the following required elements: Requirements for all MS4s: 1. An operation and maintenance(O&M)program,including an employee training 13-14 component, in place or scheduled,to reduce/prevent pollution from municipal activities and municipally owned areas included but not limited to park and open space maintenance; street, road, or highway maintenance;fleet and building maintenance; stormwater system maintenance; new construction and land disturbances; municipal parking lots;vehicle and equipment maintenance and storage yards; waste transfer stations; and salt/sand storage locations. 14 2. Develop and maintain an inventory of the MS4's facilities and stormwater controls. 14 3. Inform or train staff involved in good housekeeping practices. 15 4. Waste from the MS4 is removed and properly disposed. 5. Contractors hired by the MS4 must be required to comply with operating 14-15 procedures. a. MS4 develop contractor oversight procedures. 1 6. MS4 evaluates O&M activities for their potential to discharge pollutants in 5 stormwater for road and parking lot maintenance,bridge maintenance, cold weather operations, and right-of-way maintenance etc. a. MS4 identifies pollutants of concern that could be discharged from the O&M activities. b. MS4s develop and implement pollution prevention measures that will reduce discharge of pollutants from O&M activities. c. MS4s inspects pollution prevention measures at MS4 facilities. 15 7. MS4 maintains structural controls. Additional requirements for Level 3 and 4 small MS4s: 1. Storm sewer system O&M. a. MS4 develops and implements an O&M program to reduce the collection of pollutants in catch basins and other surface structures. b. MS4 develops a list of potential problem areas for increased inspection (for example,areas with recurrent illegal dumping). z. Implement an O&M program to reduce discharge of pollutants from roads that might include a street sweeping and cleaning program, or inlet protection.The program includes an implementation schedule and a waste disposal procedure. 3. MS4 map identify MS4 facilities and stormwater controls. 4. MS4 assess its facilities for their potential to discharge pollutants into stormwater. a. The MS4 identifies high priority facilities that have a high potential to generate stormwater pollutants.At a minimum,facilities include the MS4s maintenance yards,hazardous waste facilities,fuel storage locations, and any other facilities at which chemicals or other materials have a high potential to be discharge in stormwater. b. The MS4 documents the result of the assessments. 5. The MS4 develops stormwater management Standard Operation Procedures for high priority facilities. 6. The MS4 implements stormwater controls at high priority facilities that address: a. Good housekeeping TCEQ-20368 SWMP Cover Sheet(12/13/2013) Page 6 b. De-icing and anti-icing storage Fueling c. Fueling operations and vehicle maintenance d. Equipment and vehicle washing 7. The MS4 develops and implements an inspection program that includes high priority facilities. Additional requirements for Level 4 small MS4s: MS4 has an application and management program for pesticides,herbicides,and fertilizers that address: a. Evaluating materials and activities used at public open spaces. b. Implementing the following practices to minimize generating pollutants related to landscaping. i. Education for applicators and distributers ii. Encouragement of non-chemical solutions for pest management c. Development of schedules that minimizes discharge of pollutants. d. Ensuring collection and proper disposal of unused pesticides,herbicides, and fertilizers. SWMP lists BMPs used to fulfill this MCM. Examples may include: • BMPs which address fleet vehicle maintenance/washing • BMPs which address parking lot and street cleaning • Catch basin and storm drain system cleaning • Landscaping and lawn care(e.g.xeriscaping) • Waste materials management • Road salt application and storage practices • Used oil recycling • Pest management practices • Fire training facilities • BMPs which address roadway and bridge maintenance • Golf course maintenance/waste disposal • Disposal of cigarette butts • Park maintenance(e.g.,providing trash bags) 15 SWMP includes measurable goals, and the method of measurement,for addressing stormwater quality. r5 SWMP has been fully implemented, or includes a schedule of implementation not to exceed five(5)years from permit issuance date. MCM 6: Industrial Stormwater Sources` Page # (s) —Provide the page number(s)to the left of each item. The SWMP includes the following required elements: Requirements for Level MS4 only: Program to identify and control industrial stormwater sources that at least includes: a. MS4 landfills,other treatment,storage,or disposal facilities for municipal waste,hazardous waste treatment,storage,disposal and recovery facilities and facilities that are subject to Emergency Planning and Community Right- to-Know Act(EPCRA). b. Priorities and procedures for inspections and for implementing control measures for such discharges. TCEQ-20368 SWMP Cover Sheet(12/13/2013) Page 7 Optional 7th MCM: Municipal Construction Activities(only available within the regulated area where the MS4 operator meets the definition of construction site operator) Page# (s)—Provide the page number(s)to the left of each item. If this MCM is applicable,the SWMP includes the following information: r. Description of how construction activities will generally be conducted so as to take into consideration local conditions of weather, soils, and other site specific considerations. 2. Description of the area that this MCM will address and where the MS4 operator's construction activities are covered(e.g.within the boundary of the urbanized area,the corporate boundary, a special district boundary,an extra territorial J urisdiction, or other similar jurisdictional boundary). 3. If the area included in this MCM includes areas outside of the UA,then all MCMs will be implemented over those additional areas as well. 4. Description provided for one of the following: a. How contractor activities will be supervised or overseen to ensure that the Stormwater Pollution Prevention Plan (SWP3)requirements are properly implemented at the construction site(s); or b. How the MS4 operator will make certain that contractors have a separate authorization for stormwater discharges if needed. 5. General description of how a construction SWP3 will be developed for each construction site. 6. Records of municipal construction activities authorized under this optional MCM. TCEQ-20368 SWMP Cover Sheet(12/13/2013) Page 8 Notice of Intent (NOI) for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) under the TPDES Phase II MS4 General Permit (TXR040000) General Information and Instructions INFORMATION Where to Send the Notice of Intent(NOI): - BY REGULAR U.S. MAIL: BY OVERNIGHT/EXPRESS MAIL: Texas Commission on Environmental Quality Texas Commission on Environmental Quality Applications Review and Processing Team Applications Review and Processing Team (MC-148) (MC-148) P.O. Box 13087 12100 Park 35 Circle Austin,Texas 78711-3087 Austin,TX 78753 TCEQ Contact List: Small Business and Local Government Assistance 800/447-2827 Application—status and form questions: 512/239-4671 Technical questions: 512/239-4671 Environmental Law Division: 512/239-o600 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 Intent Process: When your NOI and SWMP is received by the program,the form will be processed as follows: 1) Administrative Review: Each item on the form will be reviewed for a complete response. In addition,the operator's legal name must be verified with Texas Secretary of State as valid and active(if applicable). The address(s)on the form must be verified with the US Postal service as receiving regular mail delivery. Never give an overnight/express mailing address. An application will not be declared administratively complete or approved if delinquent fees and/or penalties of$25 or more are owed to the TCEQ. All such fees must be paid prior to approval of the Not. 2) Notice of Deficiency: If an item is incomplete or not verifiable as indicated above,a notice of deficiency(NOD)will be mailed to the operator. The operator will have 3o days to respond to the NOD. The response will be reviewed for completeness. 3) Technical Review of SWMP: More information may be requested by phone or technical NOD letter mailed to the SWMP contact. The executive director's preliminary determination on the NOI and SWMP will be prepared and filed with the TCEQ Chief Clerk. 4) Public Participation Process: The TCEQ Chief Clerk will mail written instructions for publishing the executive director's preliminary determination on the NOI and SWMP at least once in the newspaper of general circulation in the county where the small MS4 is located. If applicable,a public meeting may be held. TCEQ-20368 Instructions(12/13/2013) Page 1 5) Acknowledgment of Coverage: An Acknowledgment Certificate will be mailed to the operator. This certificate acknowledges coverage under the general permit. -or- Denial of Coverage: Coverage may be denied if the operator fails to respond to the NOD, the response is inadequate,or find the NOI and SWMP do not meet the requirements of this general permit. If coverage is denied,the operator will be notified. General Permit Coverage under the general permit begins upon approval by the TCEQ. You should have a copy of the general permit when submitting your application. You may view and print the permit for which you are seeking coverage,on the TCEQ web site http://www.tceq.texas.gov. Search using key word TXR040000. General Permit Forms The Notice of Intent(NOI),Notice of Termination(NOT), and Notice of Change(NOC) (including instructions)are available in Adobe Acrobat PDF format on the TCEQ web site littp://www.tceo.texas.go 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 concurrently not more than ten(1o) calendar days after the change occurs. TCEQ Central Registry Core Data Form The Core Data Form has been incorporated into this form. Do not send a Core Data Form to TCEQ. After final acknowledgment of coverage under the general permit,the program will assign a Customer Number and Regulated Entity Number. You can find the information on the Central Registry web site at http://wwwr2.tceq.texas.gov/crpub/index.efin. You can search by the Regulated Entity(RN), Customer Number(CN) or Name(Permittee),or by your authorization number under the search field labeled Additional ID. Capitalize all letters in the authorization number. The Customer(Permittee)is responsible for providing consistent information to the TCEQ,and for updating all CN and RN data for all authorizations as changes occur. For General Permits, a Notice of Change form must be submitted to the program area. Fees associated with a General Permit Payment of the fee may be made by check or money order,payable to TCEQ, or through EPAY (electronic payment through the web). Application Fee: This fee is required to be paid at the time the NOI is submitted. Failure to submit payment at the time the application is filed will cause delays in acknowledgment or denial of coverage under the general permit. Mailed Payments: Payment must be mailed under separate cover at one of the addresses below using the attached Application Fee submittal form. (DO NOT SEND A COPY OF THE NOI WITH THE APPLICATION FEE SUBMITTAL FORM) TCEQ-20368 Instructions(12/13/2013) Page 2 BY REGULAR U.S. MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality Financial Administration Division Financial Administration Division Cashier's Office, MC-214 Cashier's Office,MC-214 P.O. Box 13088 12100 Park 35 Circles Austin,TX 78711-3o88 Austin,TX 78753 ePAY Electronic Payment:http://vavw.tceq.texas.gov/0 making the payment you must select Water Quality,and then select the fee category "General Permit MS4 Phase 1I Stormwater Discharge NOI Application". You must include a copy of the payment voucher with your NOI. Your NOI will not be considered complete without the payment voucher. Annual Water Quality Fee: This fee is assessed to permittees with an active authorization under the general permit on September 1 of each year. The designated billing contact will receive an invoice for payment of the annual fee in December of each year. The payment will be due 3o days from the invoice date. A 5%penalty will be assessed if the payment is received by TCEQ after the due date. Annual fee assessments cannot be waived as long as the authorization under the general permit is active on September 1. It's important for the permittees to submit a Notice of Termination(NOT)when coverage under the general permit is no longer required. A NOT is effective on the postmarked date of mailing the form to TCEQ. It is recommended that the NOT be mailed using a method that documents the date mailed and received by TCEQ. Mailed Payments: You must return your payment with the billing coupon provided with the billing statement. ePAY Electronic Payment:http://www.tceg.texas.gov/enav You must enter your account number provided at the top portion of your billing statement. Payment methods include American Express,MasterCard,Visa,and electronic check payment(ACH). Renewal of General Permit: Dischargers holding active authorizations under the expired General Permit are required to submit a NOI to continue coverage. The existing authorization number is required. If the authorization number is not provided or has been terminated, expired, or denied a new permit number will be issued. 1. Operator(Applicant) a)Enter assigned Customer Number(CN) TCEQ's Central Registry will assign each customer a number that begins with CN,followed by nine digits. This is not an authorization number,registration number, or license number. If this customer has not been assigned a CN,leave the space for the CN blank. If this customer has already been assigned this number, enter the permittee's CN. TCEQ-20368 Instructions(12/13/2013) Page 3 b)Legal Name Provide the current legal name of the permittee. c) Operator Mailing Address Provide a complete mailing address for receiving mail from the TCEQ. The address must be verifiable with the US Postal Service at bttp://www.us sp corn for regular mail delivery(not overnight express mail). If you find that the address is not verifiable using the USPS web search, please indicate the address is used by the USPS for regular mail delivery. The area code and phone number should provide contact to the operator. Leave Extension blank if not applicable. The fax number and e-mail address are optional and should correspond to the operator. d)Type of Customer(Entity Type) Check only one box that identifies the type of entity. Use the descriptions below to identify the appropriate entity type. Note that the selected entity type also indicates the name that must be provided as an applicant for a permit,registration or authorization. Government Federal,state, county,or city government(as appropriate) The customer is either an agency of one of these levels of government or the governmental body itself. The government agency's`legal name'must be provided as the applicant. A department name or other description of the organization should not be included as a part of the`legal name'as applicant. Other Government A utility district,water district,tribal government,college district, council of governments,or river authority.Write in the specific type of government. e)Number of Employees Check one box to show the number of employees for this customer's entire company,at all locations. This is not necessarily the number of employees at the site named in the application. z. BILLINGADDRESS An annual fee is assessed to each operator holding an active authorization under the general permit on September r of each year. Provide the complete mailing address where the annual fee invoice should be mailed. Verify the address with the USPS. It must be an address for delivery of regular mail,not overnight express mail. Also,provide a phone number of the operator's representative responsible for payment of the invoice. Country Mailing Information: If this address is outside the United States, enter the territory name, country code,and any non-ZIP mailing codes or other non-U.S. Postal Service features here. If this address is inside the United States,leave these spaces blank. g. REGULATED ENTITY(RE)INFORMATION ON PROJECT OR SITE a) Regulated Entity Reference Number(RN) A number issued by TCEQ's Central Registry to sites(a location where a regulated activity occurs) regulated by TCEQ. This is not an authorization number,registration number,or license number. If this regulated entity has not been assigned an RN,leave this space blank. TCEQ-20368 Instructions(12/13/2013) Page 4 If the site of your business is part of a larger business site, a Regulated Entity Number(RN)may already be assigned for the larger site. Use the RN assigned for the larger site. Search TCEQ's Central Registry to see if the larger site may already be registered as a regulated site at: httn:/hvwwl2.tceq.texas.gov/cruub/index.cfm?f iseaction=regent.RNSearch If the site is found,provide the assigned Regulated Entity Reference Number(RN)and provide the information for the site to be authorized through this application. The site information for this authorization may vary from the larger site information. An example is a chemical plant where a unit is owned or operated by a separate corporation that is accessible by the same physical address of your unit or facility. Other examples include industrial parks identified by one common address but different corporations have control of defined areas within the site. In both cases, an RN would be assigned for the physical address location and the permitted sites would be identified separately under the same RN. b) Site/Project Name/Regulated Entity Provide the name of the site as known by the public in the area where the site is located.The name you provide on this application will be used in the TCEQ Central Registry as the Regulated Entity name. c) Describe the boundaries of the regulated portion of the small MS4. In your own words,briefly describe the boundaries of the regulated portion of the small MS4. Do not repeat the SIC Code description. d) County Identify the county or counties in which the regulated entity is located. e) Latitude and Longitude Enter the latitude and longitude of the site in degrees,minutes,and seconds or decimal form. For help obtaining the latitude and longitude,go to: httn://wcvw.tceq.texas.gov/ais/sgmaview.html or http://nationalmap.gov/ustopo I) Site mailing address Provide a complete mailing address to be used by TCEQ for receiving mail. In most cases,the address is the same as the operator. If so, simply place a check mark in the box. If you provide a different address,please verify the address with USPS as instructed above for the operator address. 4; GENERAL CHARACTERISTICS a. Indian Country Lands If your site is located on Indian Country Lands,the TCEQ does not have authority to process your application. You must obtain authorization through EPA,Region 6,Dallas. Do not submit this form to TCEQ. Indian Country means (1) all land within the limits of any American Indian reservation under the jurisdiction of the U.S.government,notwithstanding the issuance of any patent, and including rights-of-way running throughout the reservation; (2) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or outside the limits of a State; TCEQ-20368 Instmetions(12/13/2013) Page 5 and(3)all Indian allotments,the Indian titles which have not been extinguished, including rights-of-way running through the same. Indian Tribe means any Indian Tribe,band,nation, or community recognized by the Secretary of the Interior and exercising substantial governmental duties and powers. b. Standard Industrial Classification(SIC)code Provide the SIC code that best describes the operator's primary business. Common SIC Codes are provided below. For help with SIC codes,go to: www.osba.gov/oshstatsZsieser.html 91n -Executive offices(such as for a city, county,ect.) 8221 -Colleges, Universities,and Professional Schools 8222-Junior Colleges and Technical Institutes 9621 -Regulation and Administration of Transportation Programs 4111 -Local and Suburban Transit 4952-Sewerage Systems 4971 -Irrigation Systems 9223 -Correctional Institutions 9511 -Air and Water Resource and Solid Waste Management(including flood control, drainage development, etc.) c. Category or level of the MS4 The general permit defines MS4s by four different categories or levels,based on the population served within the 2010 UA. "Population served"means the residential population within the regulated portion of the small MS4 based on the 2010 Census, except for non-traditional small MS4s. A reference map identifying the 2010 Census UAs can be found at www.epa.gov/npdes/stormwater/urbanmap d. TCEQ"Designated"small MS4 A small MS4 that is outside of urbanized area that is"designated"by TCEQ is eligible for coverage under this general permit. The small MS4 Operator must obtain authorization under this general permit or apply for coverage under an individual TPDES stormwater permit within 18o days of notification of their designation. Information about urbanized areas(UAs) and a link to the UA maps are found on the EPAs website at:http://cfpubi.epa.gov/npdes/stormwater/urbanmaps.efin e. Annual Reporting Year The annual report must address the previous reporting year. The selected reporting year cannot be changed during the permit year. 1. The first reporting year begins on the permit effective date(December 13, 2013)and lasts for a period of one(1)year. 2. If the MS4 selects the fiscal year,the first reporting year will last until the end of the fiscal year following the end of the first permit year. TCEQ-20368 Instructions(12/13/2013) Page 6 3. If the MS4 selects the calendar year then the first reporting year will last until December 31, 2014. f. SWMP 1. The NOI must include the SWMP when submitted to TCEQ for processing,and the Operator is required to certify the SWMP has been developed according to the general permit. Also,the SWMP Cover Sheet must be completed and placed to the front of the SWMP. When completing the SWMP Cover Sheet,be sure to enter the page number and/or page range for each item under an MCM. 2. The general permit requires the name, address,phone number and fax number of the designated person responsible for implementing and coordinating implementation of the SWMP. All information is required with an exception of email,however,this information is desired. Changes to the SWMP may require TCEQ approval. Changes must be submitted by Notice of Change to the same address as the NOI. Notice of Change will either be automatically approved or additional information may be request before approval. g. 7[h Minimum Control Measure(MCM) 1. Indicate if the municipality is seeking coverage under this general permit for municipal construction activities where the municipality meets the definition of"construction site operator". 2. If authorization for municipal construction activities is proposed in this NOI the developed MCM must be included with the SWMP and the NOI must include a description of the boundaries covered in the MCM.The area included for this MCM must include only the regulated MS4 area; or it may include additional areas of the MS4 if all other MCMs are implemented over the additional area as well. This coverage may be obtained after the original NOI is approved.This may be accomplished by submitting a Notice of Change that includes the developed MCM and a description of the proposed municipal construction activity boundaries addressed in the MCM.If the MS4 operator proposes to include additional areas outside of the regulated MS4,then the Notice of Change must also indicate that the MS4 operator will implement the entire SWMP over the additional areas. 3. If the discharge or potential discharge from regulated construction activities is within the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer,then additional requirements may exist under the Edwards Aquifer Protection Program(3o TAC Chapter 213). For construction activities that will be regulated under TXR040000,the approved Contributing Zone Plan or Water Pollution Abatement Plan must be included or referenced as part of the construction site stormwater pollution prevention plan. For other activities regulated under 30 TAC Chapter 213,information must be included in the SWMP. Compliance with any Edwards Aquifer requirements is required in addition to the requirements of this general permit. h. Discharge Information 1. The stormwater may be discharged directly to a receiving stream or through another MS4*from your MS4.It eventually reaches a receiving water body such as a local TCEQ-20368 Instructions(12/13/2013) Page'7 i stream or lake,possibly via a drainage ditch. You must provide the name of the surface water body that receives the discharge from the site(a local stream or lake). Please note that this general permit does not grant permission to use another MS4 as a conveyance of stormwater and certain non-storm water discharges along the discharge route. 2. Identify the classified segment number(s)receiving a discharge directly or indirectly. Go to the link below to find the segment number of the classified water body where wastewater would flow: www.tceg.texas.gov/publications/gi/gi-,116 3. Identify any surface water bodies receiving discharges from the small MS4 that are on the latest EPA-approved CWA§3o3(d)list of impaired waters. EPA approved CWA 303d list of impaired waters can be found at: http://www.teeg.texas.gov/waterquality/assessment/.,io.r, 8o8.htm1 4. Identify the MS4* Operator name if the stormwater discharge is into an MS4. *MS4 is an acronym for Municipal separate storm sewer system. MS4 is defined as a separate storm sewer system owned or operated by a state, city,town, county,district, association, or other public body(created by or pursuant to state law)having jurisdiction over 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 water in the state. For assistance,you may call the technical staff of the Water Quality Assessment&Standards Section at 512/239-4671. i. Edwards Aquifer Rule See maps on the TCEQ website to determine if the site is located within the Recharge Zone, Contributing Zone,or Contributing Zone within the Transition Zone of the Edwards Aquifer at http://www.tceg.texas.gov/field/egpp/viewer.html If the discharge or potential discharge is within the Recharge Zone, Contributing Zone,or Contributing Zone within the Transition Zone of the Edwards Aquifer,then additional requirements may exist under the Edwards Aquifer Protection Program(3o TAC Chapter 213). For activities regulated under 3o TAC Chapter 213,any required plans must be included in the SWMP. Compliance with any Edwards Aquifer requirements is required in addition to the requirements of this general permit. j. Public Participation The applicant must indicate on the NOI that it will comply with the public participation requirements described in Part II.D.12 of the general permit. The person responsible for receiving the information from the TCEQ Chief Clerk for publishing in the newspaper must be identified and all contact information must be provided. After review of the NOI and SWMP is completed,the Office of Chief Clerk will mail the Executive Director's preliminary determination to the contact provided in the NOI for publishing in the newspaper of largest circulation in the county of the small MS4. TCEQ-20368 Instructions(12/13/2013) Page 8 The comment period begins on the first date the notice is published and ends 3o days later, unless a public meeting is held. If a public meeting is held it will end at the closing of the public meeting. The applicant must file with the Chief Clerk a copy and an affidavit of the publication of notice(s)within 6o days of receiving the written instructions from the Office of Chief Clerk. If significant public interest exists,the executive director will direct the applicant to publish notice of the meeting and to hold the public meeting. The applicant must publish the notice of public meeting at least 3o days prior to the public meeting and hold the meeting in the county where the MS4 is located. 5. CERTIFICATIONS Failure to indicate Yes to ALL of the certification items may result in denial of coverage under the general permit. Operator Certification: The certification must bear an original signature of a person meeting the signatory requirements specified under 3o Texas Administrative Code(TAC) §305.44- IF YOU ARE A CORPORATION: The regulation that controls who may sign an NOI or similar form is 3o Texas Administrative Code§305.44(a)(1) (see 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 3o Texas Administrative Code§305.44(a)(3) (see 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 statme(s)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-o600. 3o Texas Administrative Code §305.44• Signatories to Applications (a) All applications shall be signed as follows. TCEQ-20368 Instructions(12/13/2013) Page 9 (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 198o 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). TCEQ-20368 Instructions(12/13/2013) Page 10 Texas Commission on Environmental Quality General Permit Payment Submittal Form i I • I • • e • Complete items 1 through 5 below: • Staple your check in the space provided at the bottom of this document. • Do not mail this form with your NOI form. • Do not mail this form to the same address as your Not. Mail this form and your check to: BYREGULAR U.S.MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Texas Commission on Environmental Quality Quality Financial Administration Division Financial Administration Division Cashier's Office,MC-214 Cashier's Office, MC-214 P.O. Box 13088 12100 Park 35 Circle Austin,TX 78711-3088 Austin,TX 78753 Fee Code: GPA General Permit: TXRo40000 1. Check/Money Order No: 2. Amount of Check/Money Order: 3. Date of Check or Money Order: 4. Name on Check or Money Order: 5. NOI INFORMATION If the check is for more than one NOI,list each Project/Site(RE)Name and Physical Address exactly as provided on the NOI. DO NOT SUBMIT A COPY OF THE Not WITH THIS FORM AS IT COULD CAUSE DUPLICATE PERMIT ENTRIES. See Attached List of Sites(If more space is needed,you may attach a list.) Project/Site(RE)Name: Project/Site(RE)Physical Address: Staple Check in This Space TCEQ-20134(04/13/2006) Pagel Texas Commission on Environmental Quality P.O.Box 13087,Austin,Texas 78711-3087 $�z � �l GENERAL PERT U TO DISCHARGE UNDER THE TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM under provisions of Section 402 of the Clean Water Act and Chapter 26 of theTezas Water Code This permit supersedes and replaces TPDES General Permit No.TXRlg0000,issued March 5,2ooS Construction sites that discharge stormwater associated Mth 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 roles of the Texas Commission on Environmental Quality(TCEQ or Commission),the laws of the State of Texas,and other orders bf the 60mmis8ion of the TCEQ, The issuance of this general permit does not grant to the permitteo,the right to use private or public property for conveyance of stolmlwater 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 iesp6s'i'vility of the permlitteo 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,five years from the permit effective date, EFFFCrM DATE: March 5,2013 ISSUED DATE; FEB i g 9 2013 ® t. 'Al Ivor e G mission Construction General Permit TPDES General Permit TXIZ150000 TPDES GENERAL PERMIT NUMBER TXR150000 RELATING TO STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITIES Table of Contents Part I. Flow Chart and Definitions.........................................................................................5 Section A. Flow Chart to Determine Whether Coverage is Required...............................5 SectionB. Definitions........................................................................................................6 Part II. Permit Applicability and Coverage......•....................................................................12 Section A. Discharges Eligible for Authorization............................................................12 1. Stormwater Associated with Construction Activity..................................................12 2. Discharges of Stormwater Associated with Construction Support Activities........-1.2 3. Non-Stormwater Discharges....................................................................................12 4. Other Permitted Discharges.....................................................................................13 Section B. Concrete Truck Wash Out..............................................................................13 Section C. Limitations on Permit Coverage....................................................................13 1. Post Construction Discharges...................................................................................13 2. Prohibition of Non-Stormwater Discharges.............................................................13 3. Compliance With Water Quality Standards.......--..................................................13 4. Impaired Receiving Waters and Total Maximum Daily Load(TMDL) Requirements............................................................................................................14 5. Discharges to the Edwards Aquifer Recharge or Contributing Zone.......................14 6. Discharges to Specific Watersheds and Water Quality Areas•.................................14 q. Protection of Streams and Watersheds by Other Governmental Entities...... .........14 8. Indian Country Lands...............................................................................................14 g. Oil and Gas Production.............................................................................................15 10. Stormwater Discharges from Agricultural Activities................................................15 11. Endangered Species Act............................................................................................15 12. Other.........................................................................................................................15 Section D, Deadlines for Obtaining Authorization to Discharge....................................15 1. Large Construction Activities...................................................................................15 2. Small Construction Activities...................................................................................15 Section E. Obtaining Authorization to Discharge...........................................................16 1. Automatic Authorization for Small Construction Activities With Low Potential for Erosion:......... ......... ................ ........ .......................................................................16 2. Automatic Authorization For All Other Small Construction Activities:....... ...........ly 3. Authorization for Large Construction Activities:.....................................................1y Page 2 Construction General Permit TPDES General Permit TXR150000 4. Waivers for Small Construction Activities:...............................................................18 5. Effective Date of Coverage.............................................,..........................................18 6. Notice of Change(NOC).................................•.........................................................18 7. Signatory Requirement for NOI Forms,Notice of Termination(NOT)Forms,NOC Letters,and Construction Site Notices.....................................................................19 8. Contents of the NOI..................................................................................................19 Section F. Terminating Coverage................................................•.........•.........................20 1. Notice of Termination(NOT)Required..........................•........................................20 2. Minimum Contents of the NOT...........................•....................................................20 S. Termination of Coverage for Small Construction Sites and for Secondary Operators at Large Construction Sites.............................•....................•....................................20 4. Transfer of Operational Control.............................................•.................................21 Section G. Waivers from Coverage........................................... ...............................21 1. Waiver Applicability and Coverage...........................................................................22 2. Steps to Obtaining a Waiver..................•..................................................................22 3. Effective Date of Waiver.................•.....•.•.................................................................22 4. Activities Extending Beyond the Waiver Period.................................................•.....22 Section H. Alternative TPDES Permit Coverage..............................................................23 1. Individual Permit Alternative...................................................................................23 2. Individual Permit Required......................................................................................23 3. Alternative Discharge Authorization........................................................................23 Section I. Permit Expiration...........................................................................................23 Part III. Stormwater Pollution Prevention Plans(SWP3) ..• .......•••••.•.•••••••.••••••.•......•...•24 Section A. Shared SWP3 Development...........................................................................24 Section B. Responsibilities of Operators.........................................................................25 i. Secondary Operators and Primary Operators with Control Over Construction Plans andSpecifications............................................:........................................................25 2. Primary Operators with Day-to-Day Operational Control.......................................25 Section C. Deadlines for SWP3 Preparation,Implementation,and Compliance...........25 Section D. Plan Review and Making Plans Available......................................................26 Section E. Revisions and Updates to SWP38..................................................................26 SectionF. Contents of SWP3..........................................................................................26 Section G. Erosion and Sediment Control Requirements Applicable to All Sites...........34 Part IV: Stormwater Runoff from Concrete Batch Pl ants..............................•.......:...............35 Section A. Benchmark Sampling Requirements.............................................................35 Section B. Best Management Practices(BMPs)and SWP3 Requirements....................37 Section C. Prohibition of Wastewater Discharges...........................................................39 Page 3 Construction General Permit TPDES General Permit TXRi50000 Part V. Concrete Truck Wash Out Requirements................................................................40 Part N71. Retention of Records................................................................................................40 Part VII.Stuidard Permit Conditions....................................................................................40 PartVIII. Fees....................................................................................................................41 Appendix A: Automatic Authorization...................................................................................43 Appendix B:Erosivity Index(EI)Zones in Texas........................:..........................................45 Appendix C: Iscerodent Map........„........................................................................................46 Appendix D: Erosivity Indices for EI Zones in Texas.............................................................47 Page 4 i Construction General Permit TPDIIS General Permit Mb50000 Part I. Flow Chart and Definitions Section A. Plow Chart to Determine Whether Coverage is Required How mach land will be disturbed?(*t) <I acre I or more acres no Do you meet the 57s M115ormoro definition of acres be disturbed? "operator?"(*2) ("1} NO vF8 Permit Coveraee Rea alred • Prepare and Implement 8WP3 • Post Site Notice • Submit Copy of Site Noticoto MS4 Operator Are you a"primary 0 operator?"('2) Permit Coveraee Not Required,Unless Part Permit Coverage Renuired of a Larger Common . Picpare and hnplemeatSWP3 Plan of Pevclopment . n�- bmit NOI to TCGQ or Stile • PostsiteNotice » Submit Copy of NOI to MS4 operator ("1) To deterattue Hee sisa o the eoastriledon project,ime the size ofthe entire area to be disturbed,and hrehide the size of tfie larger caramon plat ofdevelopomat or sale,ifthe project Is part of a faiger project(refer to part I.H.,"Pejtaltions,"Jot•no erplanatlen of"coaanoa plan of developnent or sale'). (*2) ttejertolitedefluldoas.(or"operator,"'�rriwaryapsrator,"and"seeoadnryoperator"fnpw•t7., Settle k,oftbtsper+++t. Page 5 Construction General Permit TPDES General Permit TXRtg0000 Section B. Definitions Arid Areas-Areas with an average annual rainfall of o to to 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 r/a 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, 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. Dewatering—The act of draining raimvater 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:(i)"Drought to persist or intensify", (2)"Drought ongoing,some improvement",(3) "Drought likely to improve,impacts ease",or(q)"Drought development likely", See httD://N""v 0e n=nom ov products/expert assessment/seasonal droueht.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-beating, 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 Page 6 Construction General Permit TPDES General Permit TXRr50000 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 stratigraphie 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://wcvw.tceq.texas v/compliance/$eld ops/eappJmandisclaimerhtml,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 hEp://wwiv.tceg.texas.gov/compliance/field ops/eappfmap disclainrer.html, Effluent Limitations Guideline(ELG)—De6nedin 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,a construction site or construction support activity that is regulated under this general permit,including all contiguous land and fixtures(for example,ponds and materials stockpiles),structures,or appurtances used at a construction site or industrial site described bythis general permit. Final Stabilization-A construction site status where any of the following conditions are rnet: 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. Page 7 Construction General Permit TPDES General Permit TXR150000 Fullfillment of this requirement must be documented in the homebuilder's stormwater pollution prevention plan(SWP3). C. For construction activities on land used toy agricultural purposes(such as pipelines across crop or range land),final stabilization may be accomplished by returning the disturbed land to its preconstruetion 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. Iiyperchlorination 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 on the latest approved CWA §3o3(d)List as not meeting applicable state water quality standards.Impaired waters include waters with approved or established total maximum daily loads(TMDLs),and those where a TMDL has been proposed by TCEQ but has not yet been approved or established. Indian Country Land—(from 40 CPR§122.2)(i)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 A thout 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. Indian Tribe-(from 4o CFR§122.2)any Indian Tribe,band,group,or community recognized by the Secretary of the Interior•and exercising governmental authority aver a Federal Indian Reservation. 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. Minimize-To reduce or eliminate to the extent achievable using stormwater controls that are technologically available and economically practicable and achievable in Iight of best industry practices. Page 8 Construction General Permit TPDFS General Permit TXR150000 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 oiganization,that discharges to surface water in the state. Notice of Change(NOC)—Written notificationto 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 a 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 a large or small 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 abilityto 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 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. Page 9 Construction General Permit TPDES General Permit TXR150000 Point Source—Mom 40 CFR§122.2)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 maybe,discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff. Pollutant-Dredged spoil,solid waste,incinerator residue, sewage,garbage,sewage sludge, filter backwash,munitions,chemical wastes,biological materials,radioactive materials,heat, wrecked or discarded equipment,rock,sand,cellar dirt,and industrial,municipal,and agricultural waste discharged into any surface water in the state. The term"pollutant"does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated rangeland,pastureland,and farmland. For the purpose of this permit,the term "pollutant"includes sediment. Pollution-(from Texas Water Code(TWC)§26.001(14))The alteration of the physical, thermal,chemical,or biological quality of,or the contamination of,any surface water in the state that renders the water harmful,detrimental,or injurious to humans,animal life, vegetation,or property or to public health,safety,or welfare,or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. Rainfall Erosivity Factor(R factor)-the total annual erosive potential that is due to climatic effects,and is part of the Revised Universal Soil Loss Equation(RUSLE). Receiving Water-A"Water of the United States"as defined in 40 CFR§122.2 into which the regulated stormwater discharges. Semiarid Areas-areas with an average annual rainfall of 10 to 20 inches Separate Storm Sewer System-A conveyance or system of conveyances(including roads with drainage systems,streets,catch basins,curbs,gutters,ditches,man-made channels,or storm drains),designed or used for collecting or conveying stormwater;that is not a combined sewer, and that is not part of a publicly owned treatment works(POTW). Small Construction Activity-Construction activities including clearing,grading,and excavating that result in land disturbance of equal to or greater than one(1)acre and less than five(5)acres of land.Small construction activity also includes the disturbance of less than one(i)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(r)and less than five(5)acres of land. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade,hydraulic capacity,or original purpose of the site(for example,the routine grading of existing dirt roads,asphalt overlays of existing roads,the routine clearing of existing right-of-ways,and similar maintenance activities.) Steep Slopes—Where a state,Tribe,local government,or industry technical manual(e.g. stormwater BMP manual)has defined what is to be considered a"steep slope",this permit's definition automatically adopts that definition.Where no such definition exists,steep slopes are automatically defined as those that are 15 percent or greater in grade. Stormwater(or Stormwater Runoff)-Rainfall runoff,snow melt runoff,and surface runoff and drainage. Stormwater Associated witli Construction Activity-Stormwater runoff from a construction activity where soil disturbing activities(including clearing,grading,excavating) result in the disturbance of one(1)or more acres of total land area,or are part of a larger common plan of development or sale that will result in disturbance of one(1)or more acres of total land area. Structural Control(or Practice)-A pollution prevention practice that requires the construction of a device,or the use of a device,to reduce or prevent pollution in stormwater Page 10 Construction General Permit TPDES General Permit TYR150000 runoff, Structural controls and practices may include but are not limited to:silt fences, earthen dikes,drainage swales,sediment traps,check dams,subsurface drains,storm drain inlet protection,rock outlet protection,reinforced soil retaining systems,gabions,and temporary or permanent sediment basins, Surface Water in the State- Lakes,bays,ponds,impounding reservoirs,springs,rivers, streams,creeks,estuaries,wetlands,marshes,inlets,canals,the Gulf of Mexico inside the territorial limits of the state(from the mean high water mark(MHWM)out 1o.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 which are authorized by state or federal law,regulation,or permit,and which are created for the purpose of waste treatment are not considered to be water in the state. Temporary Stabilization-A condition where exposed soils or disturbed areas are provided a protective cover or other structural control to prevent the migration of pollutants. Temporary stabilization may include temporaryseeding,geotextiles,mulches,and other techniques to reduce or eliminate erosion until either permanent stabilization can be achieved or until further construction activities take place. Total Maximum Daily Load(TMDL) -The total amount of a pollutant that a water body can assimilate and still meet the Texas Surface Water Quality Standards. Turbidity—A condition of water quality characterized by the presence of suspended solids and/or organic material. Waters of the United States-(from 40 CFR§122.2)Waters of the United States or waters of the U.S.means: (a) all waters which are currently used,were used in the past,or maybe susceptible to use in interstate or foreign commerce,including all waters which are subject to the ebb and flow of the tide; (b)all interstate waters,including interstate wetlands; (c) all other waters such as intrastate lakes,rivers,streams(including intermittent streams),mudflats,sandflats,wetlands,sloughs,prairie potholes,wet meadows, playa lakes,or natural ponds that the use,degradation,or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (i) which are or could be used by interstate or foreign travelers for recreational or other purposes; (2)from which fish or shellfish are or could be taken and sold in interstate or foreign commerce;or (3)which aroused or could be used for industrial purposes by industries in interstate commerce; (d)all impoundments of waters othenvise defined as waters of the United States under this definition; I (e) tributaries of waters identifiedin paragraphs(a)through(d)of this definition; (f) the territorial sea;and (g) wetlands adjacent to waters(other than waters that are themselves wetlands) identified in paragraphs(a)through(f)of this definition, Waste treatment systems,including treatment ponds or lagoons designed to meet the requirements of CWA(other than cooling ponds as defined in 40 CFR§423.11(m)which also meet the criteria of this definition)are not waters of the U.S. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the U.S.(such as Page 11 i Construction General Permit TPDES General Permit TXR150000 disposal area in wetlands)nor resulted from the impoundment of waters of the U.S. Waters of the U.S.do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted croplandby any other federal agency,for the purposes of the MTA,the final authority regarding CWA jurisdiction remains with EPA. Part II. Perinit Applicability and Coverage Section A. Discharges Eligible for Authorization 1. Stormwater Associated with Construction Activity Discharges of stormwater runoff from small and large construction activities maybe authorized under this general permit. 2. Discharges of Stormwater Associated with Construction Support Activities Examples of construction support activities include,but are not limited to,concrete batch plants,rock crushers,asphalt batch plants,equipment staging areas,material storage yards,material borrow areas,and excavated material disposal areas. Construction support activities authorized under this general permit are not commercial operations,and do not serve multiple unrelated construction projects. Discharges o£ j stormwater runoff from construction support activities may be authorized under this general permit,provided that the following conditions are met: (a) the activities are located within one(1)mile from the boundary of the permitted construction site and directly support the construction activity; (b) an SWP3 is developed for the permitted construction site according to the provisions of this general permit,and includes appropriate controls and measures to reduce erosion and discharge of pollutants in stormwater runoff from the construction support activities;and (c) the construction support activities either do not operate beyond the completion date of the construction activity or,at the time that they do,are authorized under separate Texas Pollutant Discharge Elimination System(TPDES)authorization. Separate TPDES authorization may include the TPDES Multi Sector General Permit(AISGP), TXRo50000(related to stormwater discharges associated with industrial activity), separate authorization under this general permit if applicable,coverage under an alternative general permit if available,or authorization under an individual water quality permit. 3. Non-Stormwater Discharges The following non-stormwater discharges from sites authorized under this general permit are also eligible for authorization under this general permit: (a) discharges from fire fighting activities(fire fighting activities do not include washing of trucks,run-off water from training activities,test water from fire suppression systems,or similar activities); (b)uncontaminated fire hydrant flushings(excluding discharges of hyperchlorinated water,unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life),which include flushings from systems that utilize potable water,surface water,or groundwater that does not contain additional pollutants(uncontaminated fire hydrant flushings do not include systems utilizing reclaimed wastewater as a source water); (c) water from the routine external washing of vehicles,the external portion of buildings or structures,and pavement,where detergents and soaps are not used,where spills or leaks of toxic or hazardous materials have not occurred(unless spilled materials Page 12 Construction General Permit TPDES General Permit TXIU50000 have been removed;and if local state,or federal regulations are applicable,the materials are removed according to those regulations),and where the purpose is to remove mud,dirt,or dust; (d) uncontaminated water used to control dust; (e) potable water sources,including waterline flushings,but excluding discharges of hyperchlorinated water,unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life; (f) uncontaminated air conditioning condensate; (g) uncontaminated ground water or spring water,including foundation or footing drains where flows are not contaminated with industrial materials such as solvents; and (h)lawn watering and similar irrigation drainage. 4. Other Permitted Discharges Any discharge authorized under a separate National Pollutant Discharge Elimination System(NPDES),TPDES,or TCEQ permit maybe combined with discharges authorized by this general permit,provided those discharges comply with the associated permit. Section B, Concrete Truck Wash Out The washout of concrete trucks at regulated construction sites must be performed in accordance with the requirements of Part V of this general permit. Section C, Limitations on Permit Coverage i. Post Construction Discharges Discharges that occur after construction activities have been completed,and after the construction site and any supporting activity site have undergone final stabilization,are not eligible for coverage under this general permit. Discharges originating from the sites are not authorized under this general permit following the submission of the notice of termination(NOT)or removal of the appropriate site notice,as applicable,for the regulated construction activity, z, Prohibition of Non-Stormwater Discharges Except as otherwise provided in Part ILA.of this general permit,only discharges that are composed entirely of stormwater associated with construction activity maybe authorized under this general permit, 3. Compliance With Water Quality Standards Discharges to surface water in the state that would cause,have the reasonable potential to cause,or contribute to a violation of water quality standards or that would fail to protect and maintain existing designated uses are not eligible for coverage under this general permit. The executive director may require an application for an individual permit or alternative general permit(see Parts ILH.2.and 3.)to authorize discharges to surface water in the state if the executive director determines that any activity will cause, has the reasonable potential to cause,or contribute to a violation of water quality standards or is found to cause,has the.reasonable potential to cause,or contribute to, the impairment of a designated use. The executive director may also require an application for an individual permit considering factors described in Part II.H.2.of this general permit, Page 13 Construction General Permit TPDES General PermitTXR150000 4. Impaired Receiving Waters and Total Maximum Daily Load(TMDL)Requirements New sources or new discharges of the pollutants of concern to impaired waters are not authorized by this permit unless otherwise allowable under 3o TAC Chapter 3o5 and applicable state law. Impaired waters are those that do not meet applicable water quality standards and are listed on the EPA approved CWA§303(d)List,Pollutants of concern are those for which the water body is listed as impaired. Discharges of the pollutants of concern to impaired water bodies for which there is a TMDL are not eligible for this general permit unless they are consistent with the approved TMDL. Permittees must incorporate the conditions and requirements applicable to their discharges into their SWP3,in order to be eligible for coverage under this general permit. For consistency with the construction storanvater-related items in an approved TMDL,the SWP3 must be consistent with any applicable condition,goal,or requirement in the TMDL,TMDL Implementation Plan(I-Plan),or as otherwise directed by the executive director. 5. Discharges to the Edwards Aquifer Recharge or Contributing Zone Discharges cannot be authorized by this general permit where prohibited by 3o TAC Chapter 213(relating to Edwards Aquifer). In addition,commencement of construction (i.e.,the initial disturbance of soils associated with clearing,grading,or excavating activities,as well as other construction-related activities such as stockpiling of fill material and demolition)at a site regulated under 3o TAC Chapter 213,may not begin until the appropriate Edwards Aquifer Protection Plan(EAPP)has been approved by the TCEQ's Edwards Aquifer Protection Program. (a) For new discharges located within the Edwards Aquifer Recharge Zone,or within that area upstream from the recharge zone and defined as the Contributing Zone (CZ),operators must meet all applicable requirements of,and operate according to, 3o TAC Chapter 213(Edwards Aquifer Rule)in addition to the provisions and requirements of this general permit. (b)For existing discharges located within the Edwards Aquifer Recharge Zone,the requirements of the agency-approved Water Pollution Abatement Plan(WPAP) under the Edwards Aquifer Rule is in addition to the requirements of this general permit. BMPs and maintenance schedules for structural stormwater controls,for example,maybe required as a provision of the rule. All applicable requirements of the Edwards Aquifer Rule for reductions of suspended solids in stormwater runoff are in addition to the requirements in this general permit for this pollutant. 6. Discharges to Specific Watersheds and Water Quality Areas Discharges otherwise eligible for coverage cannotbe authorized by this general permit where prohibited by 3o TAC Chapter 311(relating to Watershed Protection)for water quality areas and watersheds. y. Protection of Streams and Watersheds by Other Governmental Entities This general permit does not limit the authority or ability of federal,other state,or local governmental entities from placing additional or more stringent requirements on construction activities or discharges from construction activities. For example,this permit does not limit the authority of a home-rule municipality provided by Texas Local Government Code§401.002. S. Indian Country Lands Stormwater runoff from construction activities occurring on Indian Country lands are not under the authority of the TCEQ and are not eligible for coverage under this general permit If discharges of stormwater require authorization under federal NPDES Page 14 Construction General Permit TPDES General Permit TXR150000 regulations, authority for these discharges must be obtained from the U.S. Environmental Protection Agency(EPA). g. Oil and Gas Production Stormwater runoff from construction activities associated with the exploration, development,or production of oil or gas or geothermal resources,including transportation of crude oil or natural gas by pipeline,are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges of stormwater require authorization under federal NPDFS regulations,authority for these discharges must be obtained from the EPA. to. Stormwater Discharges from Agricultural Activities Stormwater discharges from agricultural activities that are not point source discharges of stormwater are not subject to TPDES permit requirements. These activities may include clearing and cultivating ground for crops,construction of fences to contain livestock,construction of stock ponds,and other similar agricultural activities. Discharges of stormwater runoff associated with the construction of facilities that are subject to TPDES regulations,such as the construction of concentrated animal feeding operations,would be point sources regulated under this general permit. u. Endangered Species Act Discharges that would adversely affect a listed endangered or threatened aquatic or aquatic-dependent species or its critical habitat are not authorized by this permit,unless the requirements of the Endangered Species Act are satisfied.Federal requirements related to endangered species apply to all TPDES permitted discharges and site-specific controls maybe required to ensure that protection of endangered or threatened species is achieved. If a permittee has concerns over potential impacts to listed species,the permittee may contact TCEQ for additional information, 12. Other Nothing in Part II of the general permit is intended to negate any person's ability to assert the force majeure(act of God,war,strike,riot,or other catastrophe)defenses found in go TAG§70.7. Sectlon D. Deadlines for Obtaining Authorization to Discharge 1. Large Construction Activities (a) New Construction-Discharges from sites where the commencement of construction occurs on or after the effective date of this general permit must be authorized,either trader this general permit or a separate TPDES permit,prior to the commencement of those construction activities. (b)Ongoing Construction-Operators of large construction activities continuing to operate after the effective date of this permit,and authorized under TPDES general permit TM50000(effective on March 5,2oo8),must submit an NOI to renew authorization or a NOT to terminate coverage under this general permit within go days of the effective date of this general permit. During this interim period,as a requirement of this TPDES permit,the operator must continue to meet the conditions and requirements of the previous TPDES permit, i 2. Small Construction Activities (a) New Construction-Discharges from sites where the commencement of construction occurs on or after the effective date ofthis general permit must be authorized,either Page 15 I Construction General Permit TPDES General Permit TXR150000 under this general permit or a separate TPDES permit,prior to the commencement of those construction activities, (b) Ongoing Construction-Discharges from ongoing small construction activities that commenced prior to the effective date of this general permit,and that would not meet the conditions to qualify for termination of this permit as described in Part ILE.of this general permit,must meet the requirements to be authorized,either under this general permit or a separate TPDES permit,within go days of the effective date of this general permit.During this interim period,as a requirement of this TPDES permit,the operator must continue to meet the conditions and requirements of the previous TPDES permit. Section E. Obtaining Authorization to Discharge 1. Automatic Authorization for Small Construction Activities With Low Potential for Erosion: If all of the following conditions are met,then a small construction activity is determined to occur during periods of low potential for erosion,and a site operator may be automatically authorized under this general permit`without being required to develop an MT3 or submit an NOI: (a) the construction activity occurs in a county listed in Appendix A; (b)the construction activity is initiated and completed,including either final or temporary stabilization of all disturbed areas,within the time frame identified in Appendix A for the location of the construction site; (c) all temporary stabilization is adequately maintained to effectively reduce or prohibit erosion,permanent stabilization activities have been initiated,and a condition of final stabilization is completed no later than 30 days following the end date of the time frame identified in Appendix A for the location of the construction site; (d)the permittce signs a completed TCEQ construction site notice,including the certification statement; (e) a signed copy of the construction site notice is posted at the construction site in a location where it is readily available for viewing by the general public,local,state,and federal authorities prior to commencing construction activities,and maintained in that location until completion of the construction activity; (t) a copy of the signed and certified construction site notice is provided to the operator of any MS4 receiving the discharge at least two days prior to commencement of construction activities; (g) any supporting concrete batch plant or asphalt batch plant is separately authorized j for discharges of stormwater runoff or other non-stormwater discharges under an individual TPDES permit,another TPDES general permit,or under an individual TCEQ permit where stormwater and non-stormwater is disposed of by evaporation or irrigation(discharges are adjacent to water in the state);and (h)any non-stormwater discharges are either authorized under a separate permit or authorization,or are not considered to be a wastewater. Part R.G.of this general permit describes how an operator may apply for and obtain a waiver from permitting,for certain small construction activities that occur during a period with a low potential for erosion,where automatic authorization under this section is not available. Page 16 Construction General Permit TPDES General Permit TYM50000 2. Automatic Authorization For All Other Small CODStraction Activities: Operators of small construction activities not described in Part II.E.i.above maybe automatically authorized under this general permit,and operators of these sites shall not be required to submit an NOI,provided that they meet all of the following conditions: (a) develop a SWP3 according to the provisions of this general permit;that covers either the entire site or all portions of the site for which the applicant is the operator,and implement that plan prior to commencing construction activities; (b) sign and certify a completed TCEQ small construction site notice,post the notice at the construction site in a location where it is safely and readily available for viewing by the general public,local,state,and federal authorities,prior to commencing construction,and maintain the notice in that location until completion of the construction activity(for linear construction activities,e.g.pipeline or highway,the site notice must be placed in a publicly accessible location near where construction is actively underway;notice for these linear sites may be relocated,as necessary,along the length of the project,and the notice must be safely and readily available for viewing by the general public;local,state,and federal authorities);and (c) provide a copy of the signed and certified construction site notice to the operator of any municipal separate storm sewer system receiving the discharge prior to commencement of construction activities. Operators of small construction activities as defined in Part I.B of this general permit shall not submit an NOI for coverage unless otherwise required by the executive director, As described in Part I(Definitions)of this general permit,large construction activities include those that will disturb less than five(5)acres of land,but that are part of a larger common plan of development or sale that will ultimately disturb five(5)or more acres of land,and must meet the requirements of Part ILE.3.below, 3• Authorization for LargeConstructiouActivities: Operators of large construction activities that qualify for coverage under this general permit must meet all of the following conditions: (a) develop a SWP3 according to the provisions of this general permit that covers either the entire site or all portions of the site for which the applicant is the operator,and implement that plan prior to commencing construction activities; (b) primary operators must submit an NOI,using a form provided by the executive director,at least seven(7)days prior to commencing construction activities,or if utilizing electronic submittal,prior to commencing construction activities. If an additional primary operator is added after the initial NOI is submitted,the new primary operator must submit all NOI at least seven(7)days before assuming operational control,or if utilizing electronic NOI submittal,prior to assuming operational control. If the primary operator changes after the initial NOI is submitted,the new primary operator must submit a paper NOI or an electronic NOI at least ten(io)days before assuming operational control; (e) all operators of large construction activities must post a site notice in accordance with Part III.D.2.of this permit. The site notice must be located where it is safely and readily available for viewing by the general public,local,state,and federal authorities prior to commencing construction,and must be maintained in that location until completion of the construction activity(for linear construction activities,e.g,pipeline or highway,the site notice must be placed in a publicly accessible location near where construction is actively underway,notice for these linear sites maybe relocated,as necessary,along the length of the project,and the notice must be safely and readily available for viewing by the general public;local,state,and federal authorities); Page 17 i Construction General Permit TPDES General Permit TXR150000 (d) prior to commencing construction activities,all primary operators must(i)provide a copy of the signed NOT to the operator of any MS4 receiving the discharge and to any secondary construction operator,and(2)list in the SWP3 the names and addresses of all MS4 operators receiving a copy; (e) all persons meeting the definition of"secondary operator"in Part I of this permit are hereby notified that they are regulated under this general permit,but are not required to submit an NOT,provided that a primary operator at the site has submitted an NOT,or is required to submit an NOT,and the secondary operator has provided notification to the operator(s)of the need to obtain coverage(with records of notification available upon request). Any secondary operator notified under this provision may alternatively submit an NOT under this general permit,may seek coverage under an alternative TPDES individual permit,or may seek coverage under an alternative TPDES general permit if available;and (f) all secondary operators must provide a copy of the signed and certified Secondary Operator construction site notice to the operator of any MS4 receiving the discharge prior to commencement of construction activities. 4. Waivers for Small Construction Activities: Part H.G. describes how operators of certain small construction activities may obtain,a waiver from coverage. g. Effective Date of Coverage (a) Operators of small construction activities as described in either Part TT.E.1.or II.E.2, above are authorized immediately following compliance with the applicable conditions of Part TI.E.1.or II.E.2. Secondary operators of large construction activities as described in Part II.E.3.above are authorized immediatelyfollowing compliance with the applicable conditions in Part II.E.3. For activities located in areas regulated by 30 TAC Chapter 213,related to the Edwards Aquifer,this authorization to discharge is separate from the requirements of the operator's responsibilities under that rule. Construction may not commence for sites regulated under 3o TAC Chapter 213 until all applicable requirements of that rule are met. (b)Primary operators of large construction activities as described in Part ILE.3.above are provisionally authorized seven(7)days from the date that a completed NOI is postmarked for delivery to the TCEQ,unless otherwise notified by the executive director. If electronic submission of the NOT is provided,and unless otherwise notified by the executive director,primary operators are authorized immediately following confirmation of receipt of the NOI by the TCEQ. Authorization is non- provisional when the executive director finds the NOI is administratively complete and an authorization number is issued for the activity. For activities located in areas regulated by 30 TAC Chapter 213,related to the Edwards Aquifer,this authorization to discharge is separate fiom the requirements of the operator's responsibilities under that rule. Construction may not commence for sites regulated under 30 TAC Chapter 213 until all applicable requirements of that rule are met. (c) Operators are not prohibited from submitting late NOIs or posting late notices to obtain authorization corder this general permit. The TCEQ reserves the right to take appropriate enforcement actions for any impermitted activities that may have occurred between the time construction commenced and authorization was obtained. b. Notice of Change(NOC) If relevant information provided in the NOI changes,an NOC must be submitted at least 14 days before the change occurs,if possible. Where 14-day advance notice is not possible,the operator must submit an NOC within 14 days of discovery of the change. If ! i Page 18 I Construction General Permit TPDES General Permit TXR150000 the operator becomes aware that it failed to submit any relevant facts or submitted incorrect information in an NOI,the correct information must be provided to the executive director in an NOC within 14 days after discovery. The NOC shall be submitted on a form provided by the executive director,or by letter if an NOC form is not available. A copy of the NOC must also be provided to the operator of any M84 receiving the discharge,and a list must be included in the SWP3 that includes the names and addresses of all MS4 operators receiving a copy. Information that maybe included on an NOC includes,but is not limited to,the following: the description of the construction project,an increase in the number of acres disturbed(for increases of one or more acres),or the operator name. A transfer of operational control from one operator to another,including a transfer of the ownership of a company,may not be included in an NOC. A transfer of ownership of a company includes changes to the structure of a company, such as changing from a partnership to a corporation or changing corporation types,so that the filing number(or charter number)that is on record with the Texas Secretary of State must be changed. An NOC is not required for notifying TCEQ of a decrease in the number of acres disturbed. This information must be included in the SWP3 and retained on site. 7. Signatory Requirement for NOI Forms,Notice of Termination(NOT)Forms,NOC Letters,and Construction Site Notices NOI forms,NOT forms,NOC letters,and Construction Site Notices that require a signature must be signed according to 3o TAC§305.44(relating to Signatories for Applications). 8. Contents of the NOI The NOI form shall require,at a minimum,the following information: (a)the TPDES CGP authorization number for existing authorizations under this general permit,where the operator submits an NOI to renew coverage within go days of the effective date of this general permit; (b)the name,address,and telephone number of the operator filing the NOI for permit coverage; (c) the name(or other identifier),address,county,and latitude/longitude of the construction project or site; (d)the number of acres that will be disturbed by the applicant; (e) confirmation that the project or site will not be located on Indian Country lands; (f) confirmation that a SWP3 has been developed in accordance with this general permit, that it will be implemented prior to construction,and that it is compliant with any applicable local sediment and erosion control plans;for multiple operators who prepare a shared SWP3,the confirmation for an operator maybe limited to its obligations under the SWP3 provided all obligations are confirmed by at least one operator; (g) name of the receiving water(s); (h)the classified segment number for each classified segment that receives discharges from the regulated construction activity(if the discharge is not directly to a classified segment,then the classified segment number of the first classified segment that those discharges reach);and (i) the name of all surface waters receiving discharges from the regulated construction activity that are on the latest EPA-approved CWA§303(d)List of impaired waters. Pageig Construction General Permit TPDES General Permit TXRi50000 Section F. Terminating Coverage s. Notice of Termination(NOT)Required Each operator that has submitted an NOI for authorization under this general permit must apply to terminate that authorization following the conditions described in this section of the general permit. Authorization must be terminated by submitting an NOT on a form supplied by the executive director. Authorization to discharge under this general permit terminates at midnight on the day the NOT is postmarked for delivery to the TCEQ. If electronic submission of the NOT is provided,authorization to discharge under this permit terminates immediately following confirmation of receipt of the NOT by the TCEQ. Compliance with the conditions and requirements of this permit is required until an NOT is submitted. The NOT must be submitted to TCEQ,and a copy of the NOT provided to the operator of any MS4 receiving the discharge(with a list in the SWP3 of the names and addresses of all MS4 operators receiving a copy),within 3o days after any of the following conditions are met: (a) final stabilization has been achieved on all portions of the site that are the responsibility of the permittee; (b) a transfer of operational control has occurred(See Section II.F.4,below);or (c) the operator has obtained alternative authorization under an individual TPDES permit or alternative TPDES general permit. z. Minimum Contents of the NOT The NOT form shall require,at a minimum,the following information: (a) if authorization was granted following submission of an NOT,the permittee's site- specific TPDFS authorization number for the construction site; (b) an indication of whether the construction activity is completed or if the permittee is simply no longer an operator at the site; (c) the name,address,and telephone number of the permittee submitting the NOT; (d)the name(or other identifier),address,county,and location Gatitude/longitude)of the construction project or site;and (e) a signed certification that either all stormwater discharges requiring authorization under this general permit will no longer occur,or that the applicant is no longer the operator of the facility or construction site,and that all temporary structural erosion controls have either been removed,will be removed on a schedule defined in the SWP3, or have been transferred to a new operator if the new operator has applied for permit coverage. Erosion controls that are designed to remain in place for an indefinite period,such as mulches and fiber mats,are not required to be removed or scheduled for removal. 3. Termination of Coverage for Small Construction Sites and for Secondary Operators at Large Construction Sites Each operator that has obtained automatic authorization and has not been required to submit an NOI must remove the site notice upon meeting any,of the conditions listed below,complete the applicable portion of the site notice related to removal of the site notice,and submit a copy of the completed site notice to the operator of any M84 receiving the discharge(or provide alternative notification as allowed by the MS4 operator,with documentation of such notification included in the SWP3),within 3o days of meeting any of the following conditions: Page zo Construction General Permit TPDES General Permit TXR150000 (a) final stabilization has been achieved on all portions of the site that are the responsibility of the permittee; (b) a transfer of operational control has occurred(See Section II.F.4.below);or (c) the operator has obtained alternative authorization under an individual or general TPDES permit. Authorization to discharge under this general permit terminates immediately upon removal of the applicable site notice. Compliance with the conditions and requirements of this permit is required until the site notice is removed. 4. Transfer of Operational Control Coverage under this general permit is not transferable. A transfer of operational control includes changes to the structure of a company,such as changing from a partnership to a corporation,or changing to a different corporation type such that a different filing(or charter)number is established with the Texas Secretary of State. When the primary operator of a large construction activity changes or operational control is transferred,the original operator must submit an NOT within ten(1o)days prior to the date that responsibility for operations terminates,and the new operator must submit an NOI at least ten(io)days prior to the transfer of operational control,in accordance with condition(a)or(b)below. A copy of the NOT must be provided to the operator of any M84 receiving the discharge in accordance with Section ILF.1. above. Operators of regulated construction activities who are not required to submit an NOI must remove the original site notice,and the new operator must post the required site notice prior to the transfer of operational control,in accordance with condition(a)or ib) below. A copy of the completed site notice must be provided to the operator of any MS4 receiving the discharge,in accordance with Section II.F.3,above. A transfer of operational control occurs when either of the following criteria is met: (a) Another operator has assumed control over all areas of the site that have not been finally stabilized;and all silt fences and other temporary erosion controls have either been removed,scheduled for removal as defined in the SWP3,or transferred to a new operator,provided that the permitted operator has attempted to notify the new operator in writing of the requirement to obtain permit coverage. Record of this notification(or attempt at notification)shall be retained by the operator in accordance with Part VI of this permit. Erosion controls that are designed to remain in place for an indefinite period,such as mulches and fiber mats,are not required to be removed or scheduled for removal. (b)A homebuilder has purchased one or more lots from an operator who obtained coverage under this general permit for a common plan of development or sale. The homebuilder is considered a new operator and shall comply with the requirements listed above,including the development of a SWP3 if necessary. Under these circumstances,the homebuilder is only responsible for compliance with the general permit requirements as they apply to lot(s)it has operational control over,and the original operator remains responsible for common controls or discharges,and must amend its SWP3 to remove the lot(s)transferred to the homebuilder. Section G. Waivers from Coverage The executive director may waive the otherwise applicable requirements of this general permit for stormwater discharges from small construction activities under the terms and conditions described in this section. Page 21 Construction General Permit TPDES General Permit TXR150000 1. Waiver Applicability and Coverage Operators of small construction activities may apply for and receive a waiver from the requirements to obtain authorization under this general permit,where all of the following conditions are met. This waiver from coverage does not apply to non- stormwater discharges. The operator must insure that any non-stormwater discharges are either authorized under a separate permit or authorization,or are not considered to be a wastewater. (a) the calculated rainfall erosivity(R)factor for the entire period of the construction project is less than five(5); (b)the operator submits to the TCEQ a signed waiver certification form,supplied by the executive director,certifying that the construction activity will commence and be completed within a period when the value of the calculated R factor is less than five (5);and (e) the waiver certification form is postmarked for delivery to the TCEQ at least seven(y) days before construction activity begins or,if electronic filing is available,then any time following the receipt of written confirmation from TCEQ that a complete electronic application was submitted and acknowledged. 2. Steps to Obtaining a Waiver The construction site operator may calculate the R factor to request a waiver using the following steps: (a) Estimate the construction start date and the construction end date. The construction end date is the date that final stabilization will be achieved. (b) Find the appropriate Erosivity Index(EI)zone in Appendix B of this permit. (c) Find the EI percentage for the project period by adding the results for each period of the project using the table provided in Appendix D of this permit,in EPA Fact Sheet 2.r, or in USDA Handbook 703,by subtracting the start value from the end value to find the percent EI for the site. (d)Refer to the Isoeroderrt Map(Appendix C of this permit) and interpolate the annual isoerodent value for the proposed construction location. (e) Multiply the percent value obtained in Step(c)above by the annual isoerodent value obtained in Step Q. This is the R factor for the proposed project. If the value is less than 5,then a waiver may be obtained. If the value is five(5)or more,then a waiver may not be obtained,and the operator must obtain coverage under Part II.E.2.of this permit. Alternatively,the operator may calculate a site-specific R factor utilizing the following online calculator: hupu• ei.tamu.edu/index.htrnl,or using another available resource. The waiver certification form is not required to be posted at the small construction site. 3, Effective Date of Waiver Operators of small construction activities are provisionally waived from the otherwise applicable requirements of this general permit seven(y)clays from the date that a completed waiver certification form is postmarked for delivery to TCEQ,or immediately upon receiving confirmation of approval of an electronic submittal,if electronic form submittals are available. q. Activities Extending Beyond the Waiver Period If a construction activity extends beyond the approved waiver period due to circumstances beyond the control of the operator,the operator must either: Page 22 Construction General Permit TPDES General Permit TM50000 (a) recalculate the R factor using the original start date and a new projected ending date, and if the R factor is still under five(5),submit a new waiver certification form at least two(2)days before the end of the original waiver period;or (b) obtain authorization under this general permit according to the requirements delineated in either Part II.E.2.or Part II.E.3,before the end of the approved waiver period. Section H. Alternative TPDES Permit Coverage i. Individual Permit Alternative Any discharge eligible for coverage under this general permit may alternatively be authorized under an individual TPDFS permit according to 3o TAC§305(relating to Consolidated Permits). Applications for individual permit coverage should be submitted at least three hundred and thirty(330)days prior to commencement of construction activities to ensue timely authorization. 2. Individual Permit Required The executive director may suspend an authorization or deny an NOT in accordance with the procedures set forth in 30 TAC§205(relating to General Permits for Waste Discharges),including the requirement that the executive director provide written notice to the permittee. The executive director may require an operator of a construction site, otherwise eligible for authorization under this general permit,to apply for an individual TPDES permit in the following circumstances; (a) the conditions of an approved TMDL or TMDL I-Plan on the receiving water; (b)the activity being determined to cause a violation of water quality standards or being found to cause,or contribute to,the loss of a designated use of surface water in the state:and (c) any other consideration defined in 3o TAC Chapter 205(relating to General Permits for Waste Discharges)including 3o TAC Chapter 2054(c)(3)(1)),which allows the commission to deny authorization under the general permit and require an individual permit if a discharger"has been determined by the executive director to have been out of compliance with any rude,order,or permit of the commission,including non- payment of fees assessed by the executive director." Additionally,the executive director may cancel,revoke,or suspend authorization to discharge under this general permit based on a finding of historical and significant noncompliance with the provisions of this general permit,relating to 3o TAC§60.3(Use of Compliance History). Denial of authorization to discharge under this general permit or suspension of a permittee's authorization under this general permit shall be done according to commission rules in 3o TAC Chapter 205(relating to General Permits for Waste Discharges). 3. Alternative Discharge Authorization Any discharge eligible for authorization under this general permit may alternatively be authorized under a separate general permit according to 3o TAC Chapter tog(relating to General Permits for Waste Discharges),if applicable. SeetionL Permit Expiration i. This general permit is effective for a term not to exceed five(s)years. All active discharge authorizations expire on the date provided on page one(t)of this permit. Following public notice and comment,as provided by 3o TAC§205.3(relating to Page 23 Construction General Permit TPDES General Permit TXRiS0000 Public Notice,Public Meetings,and Public Comment),the commission may amend, revoke,cancel,or renew this general permit. 2. If the executive director publishes a notice of the intent to renew or amend this general permit before the expiration date,the permit will remain in effect for existing,authorized discharges until the,commission takes final action on the permit, Upon issuance of a renewed or amended permit,permittees maybe required to submit an NOI within go days following the effective date of the renewed or amended permit,unless that permit provides for an alternative method for obtaining authorization, 3. If the commission does not propose to reissue this general permit within go days before the expiration date,permittees shall apply for authorization under an individual permit or an alternative general permit. If the application for an individual permit is submitted before the expiration date,authorization under this expiring general permit remains in effect until the issuance or denial of an individual permit. No new NOls will be accepted nor new authorizations honored under the general permit after the expiration date. Part III. Stormwater Pollution Prevention PIans(SWP3) All regulated construction site operators shall prepare an SWP3,prior to submittal of an NOI,to address discharges authorized under Parts II.E.2.and II,E.a.of this general permit that will reach Waters of the U.S.,including discharges to M84s and privately owned separate storm sewer systems that drain to Waters of the U.S.,to identify and address potential sources of pollution that are reasonably expected to affect the quality of discharges from the construction site,including off-site material storage areas,overburden and stockpiles of dirt,borrow areas,equipment staging areas,vehicle repair areas,fueling areas, etc.,used solely by the permitted project. The SWP3 must describe the implementation of practices that will be used to minimize to the extent practicable the discharge of pollutants in stormwater associated with construction activity and non-stormwater discharges described in Part II.A.3„in compliance with the terms and conditions of this permit. Individual operators at a site may develop separate SWPas that cover only their portion of the project,provided reference is made to the other operators at the site. Where there is more than one SWP3 for a site,permittees must coordinate to ensure that BMPs and controls are consistent and do not negate or impair the effectiveness of each other. Regardless of whether a single comprehensive SWP3 is developed or separate SVPP3s are developed for each operator,it is the responsibility of each operator to ensure compliance with the terms and conditions of this general permit in the areas of the construction site where that operator has control over construction plans and specifications or day-to-day operations. Section& Shared SWP3 Development For more effective coordination of BMPs and opportunities for cost sharing,a cooperative effortby the different operators at a site is encouraged. Operators must independently obtain authorization,but may worktogether to prepare and implement a single,comprehensive SWP3 for the emire construction site. 1. The SWP3 must clearly list the name and,for large construction activities,the general permit authorization numbers,for each operator that participates in the shared SWP3. Until the TCEQ responds to receipt of the NOI with a general permit authorization number,the SWP3 must specify the date that the NOI was submitted to TCEQ by each operator. Each operator participating in the shared plan must also sign the SWP3. Page 24 Construction General Permit TPDES General Permit TXP150000 2. The SWP3 must clearly indicate which operator is responsible for satisfying each shared requirement of the SWP3. If the responsibility for satisfying a requirement is not described in the plan,then each permittee is entirely responsible for meeting the requirement within the boundaries of the construction site where they perform construction activities. The SWP3 must clearly describe responsibilities for meeting each requirement in shared or common areas. 3. The SWP3 may provide that one operator is responsible for preparation of a SWP3 in compliance with the COP,and another operator is responsible for implementation of the SWP3 at the project site. Section B. Responsibilities of Operators 1. Secondary Operators and Primary Operators with Control Over Construction Plans and Specifications All secondary operators and primary operators with control over construction plans and specifications shall: (a) ensure the project specifications allow or provide that adequate BMPs are developed to meet the requirements of Part III of this general permit; (b) ensure that the SWP3 indicates the areas of the project where they have control over project specifications,including the ability to make modifications in specifications; (c) ensure that all other operators affected by modifications in project specifications are notified in a timely manner so that those operators may modify their BMP s as necessary.to remain compliant with the conditions of this general permit;and (d) ensure that the SWP3 for portions of the project where they are operators indicates the name and site-specific TPDES authorization number(s)for operators with the day-to-day operational control over those activities necessary to ensure compliance with the SWP3 and other permit conditions. If the party with day-to-day operational control has not been authorized or has abandoned the site,the p erson with control over project specifications is considered to be the responsible party until the authority is transferred to another party and the SWP3 is updated. 2. Primary Operators with Day-to-Day Operational Control Primary operators with day-to-day operational control of those activities at a project that are necessary to ensure compliance with an SWP3 and other permit conditions must ensure that the SWP3 accomplishes the following requirements: (a) meets the requirements of this general permit for those portions of the project where they are operators; (b)identifies the parties responsible for implementation of BNIPs described in the SWP3; (c) indicates areas of the project where they have operational control over day-to-day activities;and (d)includes,for areas where they have operational control over day-to-day activities,the name and site-specific TPDES authorization number of the parties with Control over project specifications,including the ability to make modifications in specifications. Section C. Deadlines for SWP3 Preparation,Implementation,and Compliance The SWP3 must be prepared prior to obtaining authorization under this general permit, and implemented prior to commencing construction activities that result in soil Page 25 Construction General Permit TPDBS General Permit TXR150000 disturbance. The SWP3 must be prepared so that it provides for compliance with the terms and conditions of this general permit. Section D. Plan Review and Making Plans Available i. The SWP3 must be retained on-site at the construction site or,if the site is inactive or does not have an on-site location to store the plan,a notice must be posted describing the location of the SWP3. The SWP3 must be made readily available at the time of an on-site inspection to: the executive director;a federal,state,or local agency approving sediment and erosion plans,grading plans,or stormwater management plans;local government officials;and the operator of a municipal separate storm sewer receiving discharges from the site. If the SWP3 is retained off-site,then it shall be made available as soon as reasonably possible. In most instances,it is reasonable that the SV\rP3 shall be made available within 24 hours of the request. 2. A primary operator of a large construction activity must post the TCEQ site notice near the main entrance of the construction site. An operator of a small construction activity seeldng authorization under this general permit and a secondary operator of a large construction activity must post the TCEQ site notice required in Part II.E.I., 2,or 3.of this general permit in order to obtain authorization. If the construction project is a linear construction project,such as a pipeline or highway,the notices must be placed in a publicly accessible location near where construction is actively underway. Notices for these linear sites may be relocated,as necessary,along the length of the project.The notices must be readily available for viewing by the general public;local,state,and federal authorities;and contain the following information; (a) the site-specific TPDRS authorization number for the project if assigned; (b)the operator name,contact name,and contact phone number; (c) a brief description of the project;and (d)the location of the SVdP3. 3. This permit does not provide the general public with any right to trespass on a construction site for any reason,including inspection of a site;nor does this permit require that permittees allow members of the general public access to a construction site. Section E. Revisions and Updates to SWP38 The permittee must revise or update the SWP3 whenever the following occurs: i. a change in design,construction,operation,or maintenance that has a significant effect on the discharge of pollutants and that has not been previously addressed in the SWP3; 2. changing site conditions based on updated plans and specifications,new operators, new areas of responsibility,and changes in BMPs;or 3. results of inspections or investigations by site operators,operators of a municipal separate storm sewer system receiving the discharge,authorized TCEQ personnel,or a federal,state or local agency approving sediment and erosion plans indicate the SWP3 is proving ineffective in eliminating or significantly minimizing pollutants in discharges authorized under this general permit. Section F. Contents of SWP3 The SWP3 must include,at a minimum,the information described in this section and must comply with the construction and development effluent guidelines in Part III, Section G of the general permit, Page 26 Construction General Permit - TPDES General Permit TXR150000 1. A site or project description,which includes the following information: (a) a description of the nature of the construction activity; (b) a list of potential pollutants and their sources; (e) a description of the intended schedule or sequence of activities that will disturb soils for major portions of the site,including estimated start dates and duration of activities; (d)the total number of acres of the entire property and the total number of acres where construction activities will occur,including off-site material storage areas, overburden and stockpiles of dirt,and borrow areas that are authorized under the peimittee's NOI; (e) data describing the soil or the quality of any discharge from the site; (f) a map showing the general location of the site(e.g,a portion of a city or county map); (g) a detailed site map(or maps)indicating the following: (i) drainage patterns and approximate slopes anticipated after major grading activities; (ii) areas where soil disturbance will occur; (iii) locations of all controls and buffers,either planned or in place; (iv) locations where temporary or permanent stabilization practices are expected to be used; (v) locations of construction support activities,including off-site activities, that are authorized under the permittee's NOI,including material,waste, borrow,fill,or equipment or chemical storage areas; (vi) surface waters(including wetlands)either at,adjacent,or in close proximity to the site,and also indicating those that are impaired waters; (vii) locations where stormwater discharges from the site directly to a surface water body or a municipal separate storm sewer system; (viii) vehicle wash areas;and (ix) designated points on the site where vehicles will exit onto paved roads(for instance,this applies to construction transition from unstable dirt areas to exterior paved roads). Where the amount of information required to be included on the map would result in a single map being difficult to read and interpret,the operator shall develop a series of maps that collectively include the required information, (h)the location and description of support activities authorized under the permittee's NOT,including asphalt plants,concrete plants,and other activities providing support to the construction site that is authorized under this general permit; (i) the name of receiving waters at or near the site that maybe disturbed or that may receive discharges from disturbed areas of the project; j (j) a copy of this TPDES general permit; (k)the NOI and acknowledgement certificate for primary operators of large construction sites,and the site notice for small construction sites and for secondary operators of large construction sites; (1) stormwater and allowable non-stormwater discharge locations,including storm drain inlets on site and in the immediate vicinity of the construction site;and Page 27 Construction General Permit TPDFS General Permit TXR15oaoo (m)locations of all pollutant-generating activities,such as paving operations; concrete,paint and stucco washout and water disposal;solid waste storage and disposal;and dewatering operations. z. A description of the&MPs that will be used to minimize pollution in runoff. The description must identify the general timing or sequence for implementation. At a minimum,the description most include the following components: (a) General Requirements (i) Erosion and sediment controls must be designed to retain sediment on-site to the extent practicable with consideration for local topography,soil type, and rainfall. (ii) Control measures must be properly selected,installed,and maintained according to the manufacturer's or designer's specifications. (iii) Controls must be developed to minimize the offsite transport of fitter, construction debris,and construction materials. (b) Erosion Control and Stabilization Practices The SWP3 must include a description of temporary and permanent erosion control and stabilization practices for the site,compliant with the requirements of Part III.G.i and G.2 of this general permit,including a schedule of when the practices will be implemented.Site plans should ensure that existing vegetation is preserved where it is possible. (i) Erosion control and stabilization practices may include but are not limited to: establishment of temporary or permanent vegetation,mulching, geotextiles,sod stabilization,vegetative buffer strips,protection of existing trees and vegetation,slope texturing,temporary velocity dissipation devices,flow diversion mechanisms,and other similar measures. (ii) The following records must be maintained and either attached to or referenced in the SWP3,and made readily available upon request to the parties listed in Pat III.Da of this general permit: (A) the dates when major grading activities occur; (B) the dates when construction activities temporarily or permanently cease on a portion of the site;and (C) the dates when stabilization measures are initiated. (iii) Erosion control and stabilization measures must be initiated immediately in portions of the site where construction activities have temporarily ceased and will not resume for a period exceeding r4 calendar days. Stabilization measures that provide a protective cover must be initiated immediately in portions of the site where construction activities have permanently ceased. The term°immediately"is used to define the deadline for initiating stabilization measures.In the context of this requirement,"immediately"means as soon as practicable,but no later than the end of the next work day,following the day when the earth-disturbing activities have temporarily or permanently ceased. Except as provided in (A)through(D)below,these measures must be completed as soon as practicable,but no more than 14 calendar days after the initiation of soil stabilization measures: (A) Where the immediate initiation of stabilization measures after construction activity temporarily or permanently ceased is precluded Page 28 Construction General Permit TPDES General Permit TXRt50000 by snow cover or frozen ground conditions,stabilization measures must be initiated as soon as practicable, (B) In arid areas,semi-arid areas,or drought-stricken areas where the immediate initiation of stabilization measures after construction activity has temporarily or permanently ceased or is precluded by and conditions,erosion control and stabilization measures must be initiated as soon as practicable. Where vegetative controls are not feasible due to and conditions,the operator shall immediately install, and within 14 calendar days of a temporary or permanent cessation of work in any portion of the site complete,non-vegetative erosion controls. If non-vegetative controls are not feasible,the operator shall install temporary sediment controls as required in Paragraph(C) below. (C) In areas where temporary stabilization measures are infeasible,the operator may alternativelyutilize temporary perimeter controls. The operator must document in the SWP3 the reason why stabilization measures are not feasible,and must demonstrate that the perimeter controls will retain sediment on site to the extent practicable. The operator must continue to inspect the BMPs at the frequency established in Section III.F.y.(a)for unstabilized sites. (D) If the initiation or completion of vegetative stabilization is affected by circumstances beyond the control of the permittee,vegetative stabilization roust be initiated or completed as soon as conditions or circumstances allow it on the site. The requirement to initiate stabilization is triggered as soon as it is known with reasonable certainty that work will be stopped for 14 or more additional calendar days. (iv) Final stabilization must be achieved prior to termination of permit coverage, (v) TCEQ does not expect that temporary or permanent stabilization measures to be applied to areas that are intended to be left un-vegetated or un- stabilized following construction(e.g.,dirt access roads,utility pole pads, areas being used for storage of vehicles,equipment,or materials). (c) Sediment Control Practices The SWP3 roust include a description of any sediment control practices used to remove eroded soils from stormwater runoff,including the general timing or sequence for implementation of controls. (i) Sites With Drainage Areas of Ten or More Acres (A) Sedimentation Basin(s) (1) A sedimentation basin is required,where feasible,for a common drainage location that serves an area with ten(1o)or more acres disturbed at one time, A sedimentation basin may be temporary or permanent,and must provide sufficient storage to contain a calculated volume of runoff from a 2-year,24-hour storm from each disturbed acre drained. When calculating the volume of runoff from a 2-year,24-hour storm event,it is not required to include the flows from ofPsite areas and flow from onsite areas that are either undisturbed or have already undergone permanent stabilization,if these flows are diverted around both the disturbed areas of the site and the sediment basin.Capacity calculations shall be included in the SWP3. Page 29 Construction General Permit TPDES General Permit TXR1S0000 (2)Where rainfall data is not available or a calculation cannot be performed,the sedimentation basin must provide at least 3,600 cubic feet of storage per acre drained until final stabilization of the site. (3) If a sedimentation basin is not feasible,then the permittee shall provide equivalent control measures until final stabilization of the site. In determining whether installing a sediment basin is feasible,the permittee may consider factors such as site soils, slope, available area,public safety,precipitation patterns,site geometry,site vegetation,infiltration capacity,geotechnical factors,depth to groundwater,and other similar considerations. The permittee shall document the reason that the sediment basins are not feasible,and shall utilize equivalent control measures, which may include a series of smaller sediment basins. (4)Unless infeasible,when discharging from sedimentation basins and impoundments,the permittee shall utilize outlet structures that withdraw water from the surface. (B) Perimeter Controls: At a minimum,silt fences,vegetative buffer strips,or equivalent sediment controls are required for all down slope boundaries of the construction area,and for those side slope boundaries deemed appropriate as dictated by individual site conditions. (ii) Controls for Sites With Drainage Areas Less than Ten Acres: (A) Sediment traps and sediment basins maybe used to control solids in stormwater runoff for drainage locations serving less than ten(lo) acres. At a minimum,silt fences,vegetative buffer strips,or equivalent sediment controls are required for all down slope boundaries of the construction area,and for those side slope boundaries deemed appropriate as dictated by individual site conditions. (B) Alternatively,a sedimentbasin that provides storage for a calculated volume of runoff from a z-year,24-hour storm from each disturbed acre drained maybe utilized. Where rainfall data is not available or a calculation cannot be performed,a temporary or permanent sediment basin providing 3,600 cubic feet of storage per acre drained maybe provided. If a calculation is performed,then the calculation shall be included inthe SWP3. (C) I£sedimentation basins or impoundments are used,the permittee shall comply with the requirements in Part III.G.6 of this general permit. 3. Description of Permanent Stormwater Controls A description of any measures that will be installed during the construction process to control pollutants in stormwater discharges that may occur after construction operations have been completed must be included in the SWP3. Permittees are only responsible for the installation and maintenance of stormwater management measures prior to final stabilization of the site or prior to submission of an NOT. 4. Other Required Controls and BMPs (a) Permittees shall minimize,to the extent practicable,the off-site vehicle traeldng of sediments and the generation of dust. The SWP3 shall include a description of controls utilized to accomplish this requirement. Page 3o Construction General Permit TPDES General Permit TXR150000 (b) The SWP3 must include a description of construction and waste materials expected to be stored on-site and a description of controls to minimize pollutants from these materials. (c) The SWP3 must include a description of potential pollutant sources from areas other than construction(such as stormwater discharges from dedicated asphalt plants and dedicated concrete batch plants),and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges, (d) Permittees shall place velocity dissipation devices at discharge locations and along the length of any outfall channel(i.e.,runoff conveyance)to provide a non- erosive flow velocity from the structure to a water course,so that the natural physical and biological characteristics and functions are maintained and protected. (e) Permittees shall design and utilize appropriate controls to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water from the site. (f) Permittees shall ensure that all other required controls and BMPs comply with all of the requirements of Part IILG of this general permit. 5. Documentation of Compliance with Approved State and Local Plans (a) Permittees must ensure that the SWP3 is consistent with requirements specified in applicable sediment and erosion site plans or site permits,or stormwater management site plans or site permits approved by federal,state,or local officials. (b) SWP3s must be updated as necessary to remain consistent with any changes applicable to protecting surface water resources in sediment erosion site plans or site permits,or stormwater management site plans or site permits approved by state or local official for which the permittee receives written notice. (c) If the permittee is required to prepare a separate management plan,including but not limited to a WPAP or Contributing Zone Plan in accordance with 30 TAC Chapter 213(related to the Edwards Aquifer),then a copy of that plan must be either included in the SWP3 or made readily available upon request to authorized personnel of the TCEQ. The permittee shall maintain a copy of the approval letter for the plan in its SWP3, 6. Maintenance Requirements (a) All protective measures identified in the SWP3 must be maintained in effective operating condition. If,through inspections or other means,the permittee determines that BMPs are not operating effectively,then the permittee shall perform maintenance as necessary to maintain the continued effectiveness of stormwater controls, and prior to the next rain event if feasible. If maintenance prior to the next anticipated storm event is impracticable,the reason shall be documented in the SWP3 and maintenance must be scheduled and accomplished as soon as practicable, Erosion and sediment controls that have been intentionally disabled,run-over,removed,or otherwise rendered ineffective must be replaced or corrected immediately upon discovery. (b) if periodic inspections or other information indicates a control has been used incorrectly,is performing inadequately,or is damaged,then the operator shall replace or modify the control as soon as practicable after making the discovery. (c) Sediment must be removed from sediment traps and sedimentation ponds no later than the time that design capacity has been reduced by 5o%. For perimeter Page 31 Construction General Permit TPDES General PermitTXR150000 controls such as silt fences,berms,etc.,the trapped sediment must be removed before it reaches 5o%of the above-ground height. (d) If sediment escapes the site,accumulations must be removed at a frequency that minimizes off-site impacts,and prior to the next rain event,if feasible. If the pe1•mittee does not own or operate the off-site conveyance,then the permittee shall work with the owner or operator of the property to remove the sediment. 7. Inspections of Controls (a) Personnel provided by the permittee must inspect disturbed areas of the construction site that have not been finally stabilized,areas used for storage of materials that are exposed to precipitation,discharge locations,and structural controls for evidence of,or the potential for,pollutants entering the drainage system. Personnel conducting these inspections must be knowledgeable of this general permit,familiar with the construction site,and knowledgeable of the SWP3 for the site. Sediment and erosion control measures identified in the SWP3 must be inspected to ensure that they are operating correctly. Locations where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking. Inspections must be conducted at least once every 14 calendar days and within 24 hours of the end of a storm event of o.5 inches or greater. Where sites have been finally or temporarily stabilized or where runoff is unlikely due to winter conditions(e.g.site is covered with snow,ice,or frozen ground exists),inspections must be conducted at least once every month. In arid,semi-arid,or drought-stricken areas,inspections must be conducted at least once every month and within 24 hours after the end of a storm event of o.5 inches or greater. The SWP3 must also contain a record of the total rainfall measured,as well as the approximate beginning and ending dates of winter or drought conditions resulting in monthly frequency of inspections. As an alternative to the above-described inspection schedule of once every 14 calendar days and within 24 hours of a storm event of o.5 inches or greater,the SWP3 may be developed to require that these inspections will occur at least once every seven(7)calendar days. If this alternative schedule is developed,then the inspection must occur regardless of whether or not there has been a rainfall event since the previous inspection. The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance NNith the following provisions: the schedule maybe changed a maximum of one time each month,the schedule change must be implemented at the beginning of a calendar month,and the reason for the schedule change must be documented in the SWP3(e,g.,end of"dry"season and beginning of"wet" season). (b) Utility line installation,pipeline construction,and other examples of long, narrow,linear construction activities may provide inspection personnel with limited access to the areas described in Part III.F.9.(a)above. Inspection of these areas could require that vehicles compromise temporarily or even permanently stabilized areas,cause additional disturbance of soils,and increase the potential for erosion. In these circumstances,controls must be inspected at least once every 14.calendar days and within 24 hours of the end of,a storm event of o.5 inches or greater,but representative inspections maybe performed. For representative inspections,personnel must inspect controls along the. construction site for 0.25 mile above and below each access point where a roadway,undisturbed right-of-way,or other similar feature intersects the construction site and allows access to the areas described in Part III.F.7.(a) Page 32 Construction General Permit TPDES General Permit TM50000 above. The conditions of the controls along each inspected 0,25 mile portion may be considered as representative of the condition of controls along that reach extending from the end of the 0.25 mile portion to either the end of the next 0.25 mile inspected portion,or to the end of the project,whichever occurs first. As an alternative to the above-described inspection schedule of once every 14 calendar days and within 24 hours of a storm event of 0.5 inches or greater,the SWP3 may be developed to require that these inspections will occur at least once every seven(7)calendar days. If this alternative schedule is developed,the inspection must occur regardless of whether or not there has been a rainfall event since the previous inspection. The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance with the following provisions: the schedule may be changed a maximum of one time each month, the schedule change must be implemented at the beginning of a calendar month, and the reason for the schedule change must be documented in the SWP3(e.g., end of"dry"season and beginning of"wet'season). (c) In the event of flooding or other uncontrollable situations which prohibit access to the inspection sites,inspections must be conducted as soon as access is practicable. (d) The SWP3 must be modified based on the results of inspections,as necessary,to better control pollutants in runoff. Revisions to the SWP3 must be completed within seven(q)calendar days following the inspection. If existing BMPs are modified or if additional BMPs are necessary,an implementation schedule must be described in the SWP3 and wherever possible those changes implemented before the next storm event. If implementation before the next anticipated storm event is impracticable,these changes must be implemented as soon as practicable, (e) A report summarizing the scope of the inspection,the date(s)of the inspection, and major observations relating to the implementation of the SWP3 must be made and retained as part of the SWP3. Major observations should include: The locations of discharges of sediment or other pollutants from the site; locations of BMPs that need to be maintained;locations of BMPs that failed to operate as designed or proved inadequate for a particular location;and locations where additional BMPs are needed. Actions taken as a result of inspections must be described within,and retained as a part of,the SWP3. Reports must identify any incidents of non-compliance. Where a report does not identify any incidents of non-compliance,the report must contain a certification that the facility or site is in compliance with the SWP3 and this permit, The report must be signed by the person and in the manner required by 3o TAC§305.128(relating to Signatories to Reports). The names and qualifications of personnel making the inspections for the p ermittee may be documented once in the SWP3 rather than being included in each report. 8. The SWP3 must identify and ensure the implementation of appropriate pollution prevention measures for all eligible non-storrawater components of the discharge,as listed in Part II.A.3.of this permit, g. The SWP3 must include the information required in Part III.B.of this general permit. i lo.The SWP3 must include pollution prevention procedures that comply with Part III.G.4 of this general permit. Page 33 Construction General Permit TPDES General Permit TXR150000 Section G. Erosion and Sediment Control Requirements Applicable to All Sites Except as provided in 40 CFR§§125.30-125.32,any discharge regulated under this general permit,with the exception of sites that obtained waivers based on low rainfall erosivity,must achieve,at a minimum,the following effluent limitations representing the degree of effluent reduction attainable by application of the best practicable control technology currently available(BPT). 1. Erosion and sediment controls.Design,install,and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants.At a minimum,such controls must be designed,installed,and maintained to: (a) Control stormwater volume and velocity within the site to minimize soil erosion; (b) I£any stormwater flow will be chamrelized at the site,stormwater controls must be designed to control both peak flowrates and total stormwater volume to minimize erosion at outlets and to minimize downstream channel and streambank erosion; (c) Minimize the amount of soil exposed during construction activity; (d) Minimize the disturbance of steep slopes; (e) Minimize sediment discharges from the site,The design,installation,and maintenance of erosion and sediment controls must address factors such as the amount,frequency,intensity and duration of precipitation,the nature of resulting j stormwater runoff,and soil characteristics,including the range of soil particle sizes expected to be present on the site; (f) If earth disturbance activities are located in close proximity to a surface water, provide and maintain appropriate natural buffers if feasible and as necessary, around surface waters,depending on site-specific topography,sensitivity,and proximity to water bodies. Direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration. If providing buffers is infeasible, the permittce shall document the reason that natural buffers are not feasible,and shall implement additional erosion and sediment controls to reduce sediment load; (g) Preserve native topsoil at the site,unless infeasible;and (h) Minimize soil compaction in post-construction pervious areas. In areas of the construction site where final vegetative stabilization will occur or where infiltration practices will be installed,either: (1) restrict vehicle and equipment use to avoid soil compaction;or (2)prior to seeding or planting areas of exposed soil that have been compacted, use techniques that condition the soils to support vegetative growth,if necessary and feasible; (1) TCEQ does not consider stormwater control features(e.g.,stormwater conveyance channels,storm drain inlets,sediment basins)to constitute"surface waters"for the purposes of triggering the buffer requirement in Part IILG.(f) above. 2. Soil stabilization.Stabilization of disturbed areas must,at a minimum,be initiated j immediately whenever any clearing,grading,excavating,or other earth disturbing activities have permanently ceased on any portion of the site,or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. In the context of this requirement,"immediately"means as soon as practicable, but no later than the end of the next work day,following the day when the earth- disturbing activities have temporarily or permanently ceased. Temporary Page 34 i Construction General Permit TPDES General Permit TXRr50000 I stabilization must be completed no more than 14 calendar days after initiation of soil stabilization measures,and final stabilization must be achieved prior to termination of permit coverage. In arid,semi-arid,and drought-stricken areas where initiating vegetative stabilization measures immediately is infeasible,alternative non- vegetative stabilization measures must be employed as soon as practicable.Refer to Part III.F.2.(b)for complete erosion control and stabilization practice requirements. 3. Dewatering.Discharges from dewatering activities,including discharges from dewatering of trenches and excavations,are prohibited,unless managed by appropriate controls. 4. Pollutionpreuention measures.Design,install,implement,and maintain effective pollution prevention measures to minimize the discharge of pollutants.At a minimum,such measures must be designed,installed,implemented,and maintained to; (a) Minimize the discharge of pollutants from equipment and vehicle washing,wheel wash water,and other wash waters.Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge; (b) Minimize the exposure of building materials,building products,construction wastes,trash,landscape materials,fertilizers,pesticides,herbicides,detergents, sanitary waste,and other materials present on the site to precipitation and to stormwater;and (e) Minimize the discharge of pollutants from spills and leaks,and implement chemical spill and leak prevention and response procedures. g. Prohibited discharges.The following discharges are prohibited: (a) Wastewater from wash out of concrete trucks,unless managed by an appropriate control(see Part V of the general permit); (b)Wastewater from wash out and cleanout of stucco,paint,form release oils,curing compounds and other construction materials; (c) Fuels,oils,or other pollutants used in vehicle and equipment operation and maintenance;and (d) Soaps or solvents used in vehicle and equipment washing. 6. Surface outlets.When discharging from basins and impoundments,utilize outlet structures that withdraw water from the surface,unless infeasible. Part IV, Stormwater Runoff from Concrete Batch Plants Discharges of stormwater runoff from concrete batch plants at regulated construction sites may be authorized under the provisions of this general permit provided that the following requirements are met for concrete batch plant(s)authorized under this permit. If discharges of stormwater runoff from concrete batch plants are not covered under this general permit, then discharges must be authorized under an alternative general permit or individual permit, This permit does not authorize the discharge or land disposal of any wastewater from concrete batch plants at regulated construction sites. Authorization for these wastes must be obtained under an individual permit or an alternative general permit. Section A. Benchmark Sampling Requirements r. Operators of concrete batch plants authorized under this general permit shall sample the stormwater runoff from the concrete batch plants according to the requirements Page 35 Construction General Permit TPDES General Permit TXR150000 of this section of this general permit,and must conduct evaluations on the effectiveness of the SWP3 based on the following benchmark monitoring values: Table i.Benchmark Parameters Benchmark Benchmark Value Sampling Sample Type Parameter Frequency Oil and Grease 15 mg/L r/quarter N)(*2) Grab(*3) Total Suspended roo mg/L i/quarter(*n)(*2) Grab(*3) Solids pH 6.0—9.o Standard i/quarter(*1)(*2) Grab(*3) Units Total Iron 1.3 mg/L i/quatter(*1)(*2) Grab(*3) (*i) When discharge occurs. Sampling is required within the first 3o minutes of discharge. If it is not practicable to take the sample,or to complete the sampling,within the first 30 minutes,sampling must be completed witbin the first hour of discharge. If sampling is not completed within the first 30 minutes of discharge,the reason must be documented and attached to all required reports and records of the sampling activity. (*2) Sampling must be conducted at least once during each of the following periods. The first sample must be collected during the first full quarter that a stormwater discharge occurs from a concrete batch plant authorized under this general permit. January through March April through June July through September October through December For projects lasting less than one full quarter,a minimum of one sample shall be collected,provided that a stormwater discharge occurred at least once following submission of the NOI or following the date that automatic authorization was obtained under Section II.E.2„and prior to terminating coverage. (*3) A grab sample shall be collected from the stormwater discharge resulting from a storm event that is at least oa inches of measured precipitation that occurs at least 72 hours from the previously measurable storm event. The sample shall be collected downstream of the concrete batch plant,and where the discharge exits any BMPs utilized to handle the runoff from the batch plant,prior to commingling with any other water authorized under this general permit. 2. The permittee must compare the results of sample analyses to the benchmark values above,and must include this comparison in the overall assessment of the SWP3's effectiveness. Analytical results that exceed a benchmark value are not a violation of this permit,as these values are not numeric effluent limitations. Results of analyses are indicators that modifications of the SWP3 should be assessed and may be necessary to protect water quality.The operator must investigate the cause for each exceedance and must document the results of this investigation in the SWP3 by the end of the quarter following the sampling event. Page 36 Construction General Permit TPDES General Permit TXRr50000 The operator's investigation must identify the following: (a) any additional potential sources of pollution,such as spills that might have occurred, (b) necessary revisions to good housekeeping measures that are part of the SWP3, (c) additional BMPs,including a schedule to install or implement the BMPs,and (d) other parts of the SWP3 that may require revisions in order to meet the goal of the benchmark values. Background concentrations of specific pollutants may also be considered during the investigation. If the operator is able to relate the cause of the exceedance to background concentrations,then subsequent exceedances of benahmarkvalues for that pollutant may be resolved by referencing earlier findings in the SWP3, Background concentrations maybe identified by laboratory analyses of samples of stormwater runon to the permitted facility,by laboratory analyses of samples of stormwater run-off from adjacent non-industrial areas,or by identifying the pollutant is a naturally occurring material in soils at the site. Section B. Best Management Practices(BMPs)and SWP3 Requirements Minimum SWP3 Requirements—The following are required in addition to other SWP3 requirements listed in this general permit(including,but not limited to Part III.F.7,of this permit): r. Description of Potential Pollutant Sources-The SWP3 must provide a description of potential sources(activities and materials)that may reasonably be expected to affect the quality of stormwater discharges associated with concrete batch plants authorized tinder this permit. The SWP3 must describe practices that that will be used to reduce the pollutants in these discharges to assure compliance with this general permit, including the protection of water quality,and must ensure the implementation of these practices. The following must be developed,at a minimum,in support of developing this description: (a) Drainage—The site map must include the following information: (x) the location of all outfalls for stormwater discharges associated with concrete batch plants that are authorized under this permit; (2) a depiction of the drainage area and the direction of flow to the outfall(s); (3) structural controls used within the drainage area(s); (4) the locations of the following areas associated with concrete batch plants that are exposed to precipitation:vehicle and equipment maintenance activities(including fueling,repair,and storage areas for vehicles and equipment scheduled for maintenance);areas used for the treatment, storage,or disposal of wastes;liquid storage tanks;material processing and storage areas;and loading and unloading areas;and (5) the locations of the following:any bag house or other dust control device(s);recycle/sedimentation pond,clarifier or other device used for the treatment of facility wastewater(including the areas that drain to the treatment device);areas with significant materials;and areas where major spills or leaks have occurred, (b) Inventory of Exposed Materials—A list of materials handled at the concrete batch plant that maybe exposed to stormwater and that have a potential to Page 37 Construction General Permit TPDES General Permit TXRrg0000 affect the quality of stormwater discharges associated with concrete batch plants that are authorized under this general permit. (c) Spills and Leaks-A Iist of significant spills and leaks of toxic or hazardous pollutants that occurred in areas exposed to stormwater and that drain to stormwater outfalls associated with concrete batch plants authorized under this . general permit must be developed,maintained,and updated as needed. (d) Sampling Data-A summary of existing stormwater discharge sampling data must be maintained,if available. P. Measures and Controls-The SWP3 must include a description of management controls to regulate pollutants identified in the SWP3's"Description of Potential Pollutant Sources"from Part IV.I3.1.(a)of this permit, and a schedule for implementation of measures and controls. This must include,at a minimum: (a) Good Housekeeping-Good housekeeping measures must be developed and implemented in the area(s)associated with concrete batch plants. (r) Operators must prevent or minimize the discharge of spilled cement, aggregate(including sand or gravel),settled dust,or other significant materials from paved portions of the site that are exposed to stormwater. Measures used to minimize the presence of these materials may include regular sweeping or other equivalent practices. These practices must be conducted at a frequency that is determined based on consideration of the amount of industrial activity occurring in the area and frequency of precipitation,and shall occur at least once per week when cernent or aggregate is being handled or otherwise processed in the area. (z) Operators must prevent the exposure of fine granular solids,such as cement,to stormwater.Where practicable,these materials must be stored in enclosed silos,hoppers or buildings,in covered areas,or under covering. (b) Spill Prevention and Response Procedures-Areas where potential spills that can contribute pollutants to stormwater runoff,and the drainage areas from these locations,must be identified in the SWP3, Where appropriate,the SWP3 must specify material handling procedures,storage requirements,and use of equipment. Procedures for cleaning up spills must be identified in the SWP3 and made available to the appropriate personnel. (c) Inspections-QuaIified facility personnel(i.e., a person or persons with knowledge of this general permit,the concrete batch plant,and the SWP3 related to the concrete batch plant(s)for the site)must be identified to inspect designated equipment and areas of the facility specified in the SWP3.The inspection frequency must be specified in the SWP3 based upon a consideration of the level of concrete production at the facility,but must be a minimum of once per month while the facility is in operation.The inspection must take place while the facility is in operation and must,at a minimum,include all areas that axe exposed to stormwater at the site,including material handling areas,above ground storage tanks,hoppers or silos,dust collection/containment systems, truckwash down and equipment cleaning areas. Follow-up procedures mustbe used to ensure that appropriate actions are taken in response to the inspections. Records of inspections must be maintained and be made readily available for inspection upon request. (d) Employee Training-An employee training program must be developed to educate'personnel responsible for implementing any component of the SWP3, or personnel otherwise responsible for stormwater pollution prevention,with the provisions of the SWP3. The frequency of training must be documented in Page 38 Construction General Permit TPDES General Permit TXR150000 the SWP3,and at a minimum,must consist of one training prior to the initiation of operation of the concrete batch plant. (e) Record Keeping and Internal Reporting Procedures-A description of spills and similar incidents,plus additional information that is obtained regarding the quality and quantity of stormwater discharges,must be included in the SWP3. Inspection and maintenance activities must be documented and records of those inspection and maintenance activities must be incorporated in the SWP3. (f) Management of Runoff-The SWP3 shall contain a narrative consideration for reducing the volume of runoff from concrete batch plants by diverting runoff or otherwise managing runoff,including use of infiltration,detention ponds, retention ponds,or reusing of runoff. 3. Comprehensive Compliance Evaluation—At least once per year,one or more qualified personnel(i.e.,a person or persons with knowledge of this general permit, the concrete batch plant,and the SWP3 related to the concrete batch plant(s)for the site)shall conduct a compliance evaluation of the plant. The evaluation must include the following. (a) Visual examination of all areas draining stormwater associated with regulated concrete batch plants for evidence of,or the potential for,pollutants entering the drainage system. These include but are not limited to: cleaning areas, material handling areas,above ground storage tanks,hoppers or silos,dust collection/containment systems,and truck wash down and equipment cleaning areas. Measures implemented to reduce pollutants in runoff(including structural controls and implementation of management practices)must be evaluated to determine if they are effective and if they are implemented in accordance with the terms of this p ermit and with the permittee's SWP3, The operator shall conduct a visual inspection of equipment needed to implement the SWP3,such as spill response equipment. (b) Based on the results of the evaluation,the following must be revised as appropriate within two weeks of the evaluation: the description of potential pollutant sources identified in the SWP3(as required in Part IV.B.1, "Description of Potential Pollutant Sources");and pollution prevention measures and controls identified in the SWP3(as required in Part IV.B.2, "Measures and Controls"). The revisions may include a schedule for implementing the necessary changes. (c) The permittee shall prepare and include in the SWP3 a report summarizing the scope of the evaluation,the personnel making the evaluation,the date(s)of the evaluation,major observations relating to the implementation of the SWP3,and actions taken in response to the findings of the evaluation. The report must identify any incidents of noncompliance. Where the report does not identify incidences of noncompliance,the report must contain a statement that the evaluation did not identify any incidence(s),and the report must be signed according to 3o TAG§305,128,relating to Signatories to Reports. (d) The Comprehensive Compliance Evaluation may substitute for one of the required inspections delineated in Part IV.B.2.(c)of this general permit. Section C. Prohibition of Wastewater Discharges Wastewater discharges associated with concrete production including wastewater disposal by land application are not authorized under this general permit. These wastewater discharges must be authorized under an alternative TCEQ water quality permit or otherwise disposed of in an authorized manner. Discharges of concrete truck wash out at construction sites may be authorized if conducted in accordance with the requirements of Part V of this general permit. Page 39 Construction General Permit TPDES General Permit TXR150000 i Part V. Concrete Truck Wash Out Requirements This general permit authorizes the wash out of concrete trucks at construction sites regulated under Sections ILE,1.,2„and 3.of this general permit,provided the following requirements are met. Authorization is limited to the Iand disposal of wash out water from concrete trucks. Any other direct discharge of concrete production waste water must be authorized under a separate TCEQ general permit or individual permit. 1. Direct discharge of concrete truck wash out water to surface water in the state, including discharge to storm sewers,is prohibited by this general permit. 2. Concrete truck wash out water shall be dischargedto areas at the construction site where structural controls have been established to prevent direct discharge to surface waters,or to areas that have a minimal slope that allow infiltration and filtering of wash out water to prevent direct discharge to surface waters. Structural controls may consist of temporary berms,temporary shallow pits,temporary storage tanks with slow rate release,or other reasonable measures to prevent runoff from the const action site. 3. Wash out of concrete trucks during rainfall events shall be minimized. The direct discharge of concrete truck wash out water is prohibited at all times,and the operator shall insure that its BMPs are sufficient to prevent the discharge of concrete truck wash out as the result of rainfall or stormwater runoff. 4, The discharge of wash out water must not cause or contribute to groundwater contamination. 5. If a SWP3 is required to be implemented,the SWP3 shall include concrete wash out areas on the associated site map, Part VI, Retention of Records The permittee must retain the following records for a minimum period of three(3)years from the date that a NOT is submitted as required by Part MRS. For activities in which an NOT is not required,records shall be retained for a minimum period of three(3)years from the date that the operator terminates coverage under Section ILF.3,of this permit. Records include: 1. A copy of the SWP3; 2. All reports and actions required by this permit,including a copy of the construction site notice; 3. All data used to complete the NOI,if an NOI is required for coverage under this general permit;and 4. All records of submittal of forms submitted to the operator of any MS4 receiving the discharge and to the secondary operator of a large construction site,if applicable. Part VII. Standard Permit Conditions 1. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit condition is a violation of the permit and statutes under which it was issued,and is grounds for enforcement action,for terminating,revoking,or denying coverage under this general permit,or for requiring a discharger to apply for and obtain an individual TPDES permit. 2. Authorization under this general permit may be suspended or revoked for cause. Piling a notice of planned changes or anticipated non-compliance by the permittee does not stay any permit condition. The permittee must furnish to the executive director,upon request and within a reasonable time,any information necessary for the executive director to determine whether cause exists for revoking,suspending,or j Page 4o Construction General Permit TPDES General Permit T%R150000 terminating authorization under this permit. Additionally,the permittee must provide to the executive director,upon request,copies of all records that the permittee is required to maintain as a condition of this general permit. 3. It is not a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the. permit conditions. 4. Inspection and entry shall be allowed under TWC Chapters 26-28,Texas Health and Safety Code§§361,032-361.033 and 361.037,and 40 CFR§122,41(i).The statement in TWC§26.014 that commission entry of a facility shall occur according to an establishment's rules and regulations concerning safety,internal security,and fire protection is not grounds for denial or restriction of entry to any part of the facility or site,but merely describes the commission's duty to observe appropriate rules and regulations during an inspection. 5. The discharger is subject to administrative,civil,and criminal penalties,as applicable,under TWC Chapter 7 for violations including but not limited to the following: (a) negligently or knowingly violating the federal CWA§§301,302,306,307,308, 318,or 405,or any condition or limitation implementing any sections in a permit issued under CWA§402,or any requirement imposed in a pretreatment program approved under CWA§§402(a)(g)or 402(b)(8); (b) knowingly making any false statement,representation,or certification in any record or other document submitted or required to be maintained under a permit,including monitoring reports or reports of compliance or noncompliance;and (c) knowingly violating§303 of the federal CWA,and placing another person in imminent danger of death or serious bodily injury. 6. All reports and other information requested by the executive director must be signed by the person and in the manner required by 3o TAC§305.128(relating to Signatories to Reports). 7. Authorization under this general permit does not convey property or water rights of any sort and does not grant any exclusive privilege. 8. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 9. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control(and related appurtenances)which are installed or usedby the permittee to achieve compliance with the conditions of this permit, Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures.This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. ro.The permittee shall comply with the reporting requirements in 40 CFR§122,41(1),as applicable. Part'Vllf. Pees 1. A fee of must be submitted along with the NOI: (a) $325 if submitting a paper NOI,or (b) $225 if submitting an NO1 electronically, Page 41 Construction General Permit TPDFS General Permit TXIt150000 2. Fees are due upon submission of the NOL An NOI will not be declared administratively complete unless the associated fee has been paid in full. 3. No separate annual fees will be assessed for this general permit. The Water Quality Annual Fee has been incorporated into the NOI fees as described above. Page q2 Construction General Permit TPDES General Permit TXR150000 Appendix A: Automatic Authorization Periods of Low Erosion Potential by County—Eligible Date Ranges Andrews: Nov.15-Apr.30 Ector: Nov.15-Apr.30 Archer: Dec.15-Feb.14 Edwards: Dec.15-Feb.14 . Armstrong: Nov.15-Apr.30 El Paso: Jan.1-Jul.14,or May 15-Jul, Bailey: Nov.1-Apr.30,or Nov.15-May 31,or Jun.1-Aug,14,or Jun.15-Sept.14, 14 or Ju1.1-Oct.14,or Ju1.15-Oct.31,or Aug.1-Apr,30,or Aug.15-May 14,or Baylor: Dec.15-Feb.14 Sept.1-May 30,or Oct,1-Jun.14,or Borden: Nov.15-Apr.30 Nov.1-Jun.30,or NOV.15-Jul,14 Brewster: Nov.15-Apr.30 Fisher: Dec.15-Feb.14 Briscoe: Nov.15-Apr.3o Floyd: Nov.15-Apr.30 Brown: Dec.15-Feb.14 Foard: Dec.15-Feb.14 Callahan: Dec.15-Feb.14 Gaines: Nov.15-Apr.30 Carson: Nov.15-Apr. 3o Garza: Nov.15-Apr.30 Castro: Nov.15-Apr.30 Glasscock: Nov,15-Apr.30 Childress: Dec.15-Feb.14 Hale: Nov.15-Apr.30 Cochran: Nov.1-Apr.30,or Nov.15- Hall: Feb.1-Mar.30 May 14 Hanford: Nov.15-Apr.30 Coke: Dec.15-Feb.14 Hardeman: Dec.15-Feb.14 Coleman: Dec,15-Feb.14 Hartley: Nov.15-Apr.30 Collingsworth: Jan.1-Max-30,or Dec.1- Haskell; Dec.15-Feb.14 Feb.28 Hockley: Nov.1-Apr. 14,or Nov.15- Coneho; Dec.15-Feb,14 Apr.30 Cottle: Dec.15-Feb.14 Howard: Nov.15-Apr.30 Crane: Nov.15-Apr.3o Hudspeth: Nov.r-May 14 Crockett: Nov.15-Jan.14,or Feb. 1- Hutchinson: Nov,15-Apr.30 Mar'30 Trion: Dec.15-Feb,14 Crosby: Nov.15-Apr.3o Jeff Davis: Nov.1-Apr.30 or Nov.15- Culberson; Nov.1-May 14 May 14 Dallam: Nov.1-Apr. 14,or Nov.15-Apr, Jones: Dec.15-Feb.14 30 Kent: Nov.15-Jan.14 or Feb.1-Mar.30 Dawson: Nov.15-Apr.3o Kerr; Dec.15-Feb.14 Deaf Smith: Nov.15-Apr.3o Kimble: Dec.15-Feb.14 Dickens: Nov.15-Jan.14,or Feb.1-Mar. King: Dec.15-Feb.14 30 Dimmit: Dec.15-Feb.14 Kinney: Dec.15-Feb.14 Donley: Jan.1-Mar.30,or Dec,1-Feb, Knox: Dec.15-Feb.14 28 Lamb: Nov.1-Apr.14,or Nov.15-Apr. Eastland: Dec.r5-Feb,14 30 Page 43 Construction General Permit TPDF,S General Permit TXR150000 Loving: Nov.1-Apr.30,or Nov.15-May Scurry: Nov,ig-Apr.30 14 Shackelford: Dec.15-Feb.14 Lubbock: Nov. 15-Apr.30 Sherman: Nov.15-Apr.3o Lynn: Nov,15-Apr. 3o Stephens: Dec. 15-Feb.14 Martin: Nov. 15-Apr.30 Sterling: Nov.15-Apr.30 Mason: Dec.15-Feb.14 Stonewall: Dec.15-Feb.14 Maverick: Dec.15-Feb.14 Sutton: Dec.15-Feb.14 McCulloch: Dee.15-Feb.14 Swisher: Nov.15-Apr. 30 Menard: Dec.15-Feb.14 Taylor: Dec.15-Feb. 14 Midland: Nov.15-Apr.3o Terrell: Nov.15-Apr.30 Mitchell: Nov.15-Apr.3o Terry: Nov.15-Apr,30 Moore: Nov.15-Apr.30 Throcklnorton: Dec.15-Feb.14 Motley: Nov. i.5-Jan.14,or Feb.1-Mar. Tom Green: Dec.15-Feb.14 30 Nolan: Dec.15-Feb.14 Upton: Nov.15-Apr.30 Oldham; Nov.15-Apr.3o Uvalde: Dec.15-Feb.14 Parmer: Nov.1-Apr. 14,or Nov.15-Apr. Val Verde: Nov.15-Jan.14,or Feb.1- Mar.30 30 Pecos: Nov.15-Apr.3o Ward: Nov.1-Apr.14,or Nov.15-Apr. 30 Potter: Nov. 15-Apr. 3o Wichita: Dec.15-Feb.14 Presidia: Nov.1-Apr.30,or Nov.15- Wilbarger: Dec.15-Feb.14 May 14 Randall: Nov.15-Apr.3o Winkler: Nov.1-Apr.30,or Nov. 15- May 14 Reagan: Nov.15-Apr.30 Yoakum: Nov.1-Apr.30,or Nov. 15- Real; Dec.15-Feb.14 May 14 Reeves: Nov.1-Apr.30,or Nov.15-May Young: Dec.15-Feb.14 14 Wheeler: Jan.1-Mar.30,or Dec.1-Feb. Runnels: Dec.15-Feb.14 28 Schleicher: Dec, 15-Feb.14 Zavala: Dec.15-Feb.14 Page 44 Construction General Permit TPDES General Permit TXR150000 Appendix B: Erosivity Index(Ep Zones in Texas P Lip rya �aT. dY ® FF�!' F=w✓� ipF ! FF i�w Fk. s.ii.A wm,c gi tlS is . ;F err � �,,a■ :[N gFty.d - .+�..-_ t F �iC� P •F a ca �� ' RY..__n Il.t 9 k1 WRISa R�2� ' r F9! n E{1' QB dy IPIFItoF.a rnA 0 Q®s®! 11 I Otl i,tlQ!! .ill 6a ahirw{n, asatlmm tsdrs I M Y� iR d �atlwn• .c.-�ra� ssc _ _ _ -- $ d T did• vm yv xt � i IF di aaa�ss •• _rtY t ;F :lam 1.;IlF. . Adapted from Chapter z of USDAAgriculture Handbook dog:`Predicting SoilErosion by Water:A Guide to Conservation Planning With the Revised Universal Soil Loss Equation(RUSLE),"U.S.Department of Agriculture,Agricultural Research Service 1 I i Page 45 Construction General Permit TPDES General Permit TXR150000 Appendi.Y C: Isoerodent Map 4 1U 2 M WO 275 Adaptedfrom Giapter 2 of USDAAgriculture Handbook 7o,3:'Predicting Soil Erosion by Grater:AGuide to Conservation Planning With the Revised Universal Soil Loss Equation(RUSLE),"U.S.Department of Agriculttnv,Agricultural Research Service f Page 46 Construction General Permit TPDES General Permit TXRi50000 Appendix D: Erosivity Indices for El Zones in Texas Periods: HIB 1/i /16 1/31 2/15 /1 /16 3/91 /15 4/30 5/15 /30 /14 6/z9 /14 /z9 8/13 8/z8 9/1z 9/z7 io/1210 2 11 it 1/z6 2/11 z/31 89 0 1 1 z 3 q 7 z 8 27 38 48 55 62 69 76 83 90 94 97 98 99 loo 100 1100 90 0 1 z 3 4 6 8 13 21 29 37 46 54 6o 65 69 74 81 87 92 95 97 98 99 loo 91 0 0 0 0 1 1 1 z 6 16 29 39 46 53 6o 67 74 81 88 95 99 99 100 100 too 92 0 0 0 0 1 1 1 z 6 16 29 39 46 53 6o 67 74 81 88 95 99 99 loo 100 100 93 0 1 1 2 3 4 6 8 13 25 40 49 56 62 67 72 76 80 85 91 97 98 99 99 loo 94 0 1 z 4 6 8 10 15 21 29 38 47 53 57 61 65 70 76 83 88 gi 94 96 98 loo 95 0 1 3 5 7 9 11 14 18 z7 35 41 46 51 57 62 68 73 79 84 89 93 96 98 loo 96 o z 4 6 9 12 17 23 30 37 43 49 54 58 6z 66 70 74 78 T82-r8-6 90 94 97 loo 97 0 1 3 5 7 10 14 20 28 37 48 56 61 64 68 72 77 81 1 86 89 1 92 95 98 99 ioo io6 0 3 6 9 13 17 21 z7 33 38 4q 49 55 61 67 71 75 78 81 84 86 90 94 97 ioo Each period begins on the date listed in the table above and lasts until the day before the following period. The final period begins on December n and ends on December 31. Table adapted from Chapter 2 of USDAAgriculture Handbook 7o3:'Predicting Soil Erosion by Water:AGuide to Conservation Planning With the Revised Universal Soil Loss Equation(RUSLE),"U.S.Department of Agriculture, Agricultural Research Service i Page 47 Texas Commission on Environmental Quality P.O. Box 13087,Austin,Texas 78711-3087 5 I GENERAL PERMIT TO DISCHARGE UNDER THE TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM under provisions of 402 of the Clean Water Act and Chapter 26 of the Texas Water Code This permit supersedes and replaces TPDES General Permit No.TXR040000,issued August 13,2007 Small Municipal Separate Storm Sewer Systems located in the state of Texas may discharge directly to surface water in the state only according to requirements and 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 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,five years after the permit effective e date. EFFECTIVE DATE: DEC 1 3 2013 ISSUED DATE: DEC 13 2013 AM.Va . For file C mission Small MS4 General Permit TPDES General Permit TXR040oo0 TCEQ GENERAL PERMIT NUMBER TXR040000 RELATING TO DISCHARGES FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS Table of Contents PartI. Definitions...................................................................................................................5 Part II. Permit Applicability and Coverage............................................................................11 Section A. Small MS4s Eligible for Authorization under this General Permit................11 1. Small MS4s Located in an Urbanized Area...............................................................11 2. Designated Small MS48.............................................................................................11 3. Operators of Previously Permitted Small MS4s........................................................11 4. Regulated Portion of Small MS4 ..............................................................................12 5. Categories of Regulated Small MS4s........................................................................12 Section B. Available Waivers from Coverage..................................................................12 1. Waiver Option 1:.......................................................................................................13 2. Waiver Option 2:.......................................................................................................13 Section C. Allowable Non-Stormwater Discharges.........................................................14 Section D. Limitations on Permit Coverage....................................................................15 1. Discharges Authorized by Another TPDES Permit..................................................15 2. Discharges of Stormwater Mixed with Non-Stormwater.........................................15 3. Compliance with Water Quality Standards..............................................................15 4. Impaired Water Bodies and Total Maximum Daily Load(TMDL) Requirements ..15 5. Discharges to the Edwards Aquifer Recharge Zone.................................................19 6. Discharges to Specific Watersheds and Water Quality Areas ..................................20 7. Protection of Streams and Watersheds by Home Rule Municipalities....................20 8. Indian Country Lands...............................................................................................20 9. Endangered Species Act............................................................................................20 lo. Other.........................................................................................................................21 Section E. Obtaining Authorization................................................................................21 1. Application for Coverage..........................................................................................21 2. Late Submission of the NOI and SWMP ..................................................................22 3. Stormwater Management Program(SWMP)...........................................................22 4. Contents of the NOI..................................................................................................23 5. Notice of Change(NOC) ...........................................................................................24 6. Change in Operational Control of a Small MS4........................................................24 Page 2 Small MS4 General Permit TPDES General Permit TXR040000 7. Notice of Termination(NOT)...................................................................................24 8. Signatory Requirement for NOI,NOT,NOC,and Waiver Forms............................24 9. Fees...........................................................................................................................24 10. Permit Expiration.....................................................................................................25 11. Suspension of Permit Coverage................................................................................25 12. Public Notice Process for NOI submittal..................................................................25 Section F. Permitting Options.........................................................................................27 1. Authorization Under the General Permit.................................................................27 2. Alternative Coverage under an Individual TPDES Permit.......................................27 Part III. Stormwater Management Program(SWMP)............................................................28 Section A. Developing a Stormwater Management Program(SWMP)...........................28 x. SWMP Development and Schedule..........................................................................28 2. Content of the SWMP...............................................................................................28 3. Legal Authority.........................................................................................................29 4. Resources..................................................................................................................30 5. Effluent Limitations..................................................................................................30 6. Enforcement Measures.............................................................................................30 Section B. Minimum Control Measures......................................................................... 30 1. Public Education,Outreach,and Involvement.........................................................31 2. Illicit Discharge Detection and Elimination(IDDE)................................................32 3. Construction Site Stormwater Runoff Control.........................................................35 4. Post-Construction Stormwater Management in New Development and Redevelopment.........................................................................................................38 5. Pollution Prevention and Good Housekeeping for Municipal Operations ............. 40 6. Industrial Stormwater Sources................................................................................45 7. Authorization for Construction Activities where the Small MS4 is the Site Operator....................................................................................................................46 Section C. General Requirements...................................................................................47 Part W. Recordkeeping and Reporting..................................................................................47 Section A. Recordkeeping................................................................................................47 SectionB. Reporting........................................................................................................47 1. General Reporting Requirements.............................................................................47 2. Annual Report...........................................................................................................48 Part V. Standard Permit Conditions .....................................................................................49 Page 3 Small MS4 General Permit TPDES General Permit TXR040000 Part VI. Authorization for Municipal Construction Activities—Applicable only if the 7th Optional MCM is selected.........................................................................................51 Section A. Eligible Construction Sites.............................................................................51 Section B. Discharges Eligible for Authorization............................................................51 1. Stormwater Associated with Construction Activity..................................................51 2. Discharges of Stormwater Associated with Construction Support Activities ..........51 3. Non-Stormwater Discharges....................................................................................52 4. Other Permitted Discharges.....................................................................................52 Section C. Limitations on Permit Coverage....................................................................53 Section D. Stormwater Pollution Prevention Plan(SWP3) Requirements.....................53 Section E. Stormwater Runoff from Concrete Batch Plants...........................................53 1. Benchmark Sampling Requirements........................................................................53 2. BMPs and SWP3 Requirements...............................................................................55 3. Prohibition of Wastewater Discharges.....................................................................57 4. Concrete Truck Wash Out Requirements.................................................................58 Section F. Effective Date of Coverage.............................................................................58 Section G. Deadlines for SWP3 Preparation and Compliance........................................58 Section H. Plan Review and Making Plans Available......................................................59 Section I. Keeping Plans Current...................................................................................59 Section J. Contents of SWP3 ..........................................................................................59 1. Site Description.........................................................................................................59 2. Structural and non-structural controls.................................................................... 60 3. Stabilization Practices.............................................................................................. 60 4. Structural Control Practices .....................................................................................61 5. Permanent Stormwater Controls..............................................................................62 6. Other Controls ..........................................................................................................62 7. Effluent Limits..........................................................................................................62 8. Approved State and Local Plans...............................................................................62 9. Maintenance.............................................................................................................62 10. Inspections of Controls.............................................................................................63 11. Pollution Prevention Measures.................................................................................64 Section K. Additional Retention of Records....................................................................64 Page 4 Small MS4 General Permit TPDES General Permit TXR040000 Part I Part I. Definitions Arid Areas -Areas with an average annual rainfall of less than ten(io)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 runoff,spills or leaks,waste disposal,or drainage from raw material storage areas. Catch basins -Storm drain inlets and curb inlets to the storm drain system. Catch basins typically include a grate or curb inlet that may accumulate sediment,debris,and other pollutants. Classified Segment-A water body that is listed and described in Appendix A or Appendix C of the Texas Surface Water Quality Standards,at 3o Texas Administrative Code(TAC) § 307.10. Clean Water Act(CWA) -The Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972,Pub.L. 92-500,as amended Pub.L. 95-217,Pub. L. 95-576,Pub. L. 96-483 and Pub. L.97-117,33 U.S.C. 1251 et. seq. Common Plan of Development or Sale -A construction activity that is completed in separate stages,separate phases, or in combination with other construction activities. 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. Construction Activity-Soil disturbance,including clearing, grading, and excavating; and not including 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. Construction Site Operator-The entity or entities associated with a small or large construction project that meet(s)either of the following two criteria: (a) The entity or entities that have operational control over construction plans and specifications (including approval of revisions)to the extent necessary to meet the requirements and conditions of this general permit; or (b) The entity or entities that have day-to-day operational control of those activities at a construction site that are necessary to ensure compliance with a stormwater pollution Page 5 Small MS4 General Permit TPDES General Permit TXR040000 Part I 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). Control Measure -Any BMP or other method used to prevent or reduce the discharge of pollutants to water in the state. Conveyance-Curbs,gutters,man-made channels and ditches,drains,pipes, and other constructed features designed or used for flood control or to otherwise transport stormwater runoff. Discharge—When used without a qualifier,refers to the discharge of stormwater runoff or certain non-stormwater discharges as allowed under the authorization of this general permit. Edwards Aquifer-As defined in 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, Kamer 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 or the TCEQ website. Final Stabilization-A construction site where any of the following conditions are met: (a) All soil disturbing activities at the site have been completed and a uniform(for example,evenly distributed,without large bare areas)perennial vegetative cover with a density Of 70 percent 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. (c) For construction activities on land used for agricultural purposes (for example 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 a surface water and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of condition(a)above. Page 6 I Small MS4 General Permit TPDES General Permit TXR040000 Part I (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(e.g., 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 percent vegetative coverage within three years. 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 Texas Water Code(TWC) §26.040. Groundwater Infiltration-For the purposes of this permit, groundwater that enters a municipal separate storm sewer system(including sewer service connections and foundation drains)through such means as defective pipes,pipe joints,connections,or manholes. High Priority Facilities-High priority facilities are facilities with a high potential to generate stormwater pollutants.These facilities must include, at a minimum,the MS4 operator's maintenance yards,hazardous waste facilities,fuel storage locations, and other facilities where chemicals or other materials have a high potential to be discharged in stormwater.Among the factors that must be considered when giving a facility a high priority ranking are:the amount of urban pollutants stored at the site,the identification of improperly stored materials,activities that must not be performed outside(for example,changing automotive fluids,vehicle washing), proximity to waterbodies,proximity to sensitive aquifer recharge features,poor housekeeping practices, and discharge of pollmant(s)of concern to impaired water(s). Hyperchlorinated Water—Water resulting from hyperchlorination of waterlines or vessels, with a chlorine concentration greater than 10 milligrams per liter(mg/Q. Illicit Connection-Any man-made conveyance connecting an illicit discharge directly to a municipal separate storm sewer. Illicit Discharge-Any discharge to a municipal separate storm sewer that is not entirely composed of stormwater, except discharges pursuant to this general permit or a separate authorization and discharges resulting from emergency fire fighting activities. Impaired Water-A surface water body that is identified on the latest approved CWA §303(d) List as not meeting applicable state water quality standards. Impaired waters include waters with approved or established total maximum daily loads (TMDLs),and those where a TMDL has been proposed by TCEQ but has not yet been approved or established. Indian Country-Defined in 18 USC§ 1151 as: (a)All land within the Emits of any Indian reservation under the jurisdiction of the United States (U.S.) Government,notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; (b)All dependent Indian communities within the borders of the U.S.whether within the original or subsequently acquired territory thereof,and whether within or without the limits of a state;and (c)All Indian allotments,the Indian titles to which have not been extinguished,including rights- of-way running through the same. This definition includes all land held in trust for an Indian tribe. Indicator Pollutant-An easily measured pollutant,that may or may not impact water quality that indicates the presence of other stormwater pollutants. Page 7 Small MS4 General Permit TPDES General Permit TXR040000 Part I Industrial Activity-Any of the ten(1o)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). Maximum Extent Practicable(MEP)-The technology-based discharge standard for municipal separate storm sewer systems (MS4s)to reduce pollutants in stormwater discharges that was established by the CWA§402(p). A discussion of MEP as it applies to small MS4s is found in 40 CFR§ 122.34• MS4 Operator-For the purpose of this permit,the public entity or the entity contracted by the public entity,responsible for management and operation of the small municipal separate storm sewer system that is subject to the terms of this general permit. 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 U.S., 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 the 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. Non-traditional Small MS4-A small MS4 that often cannot pass ordinances and may not have the enforcement authority like a traditional small MS4 would have to enforce the stormwater management program.Examples of non-traditional small MS4s include counties, transportation authorities(including the Texas Department of Transportation),municipal utility districts, drainage districts,military bases,prisons and universities. Notice of Change(NOC)-A 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. 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 permittee authorized under a general permit requesting termination of coverage under this general permit. Outfall-A point source at the point where a small MS4 discharges to waters of the U.S. 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 waters of the U.S. and are used to convey waters of the U.S.For the purpose of this permit,sheet flow leaving a linear transportation system without channelization is not considered an outfall.Point sources such as curb cuts;traffic or right-or-way barriers with drainage slots that drain into open culverts,open swales or an adjacent property,or otherwise not actually discharging into waters of the U.S. are not considered an outfall. Page 8 Small MS4 General Permit TPDES General Permit TXR040000 Part I Permittee-The MS4 operator authorized under this general permit. Point Source-(from 40 CFR§ 122.22)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. Pollutant(s)of Concern—For the purpose of this permit,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. (Definition from 40 CFR§ 122.32(e)(3)). Redevelopment-Alterations of a property that changed the"footprint"of a site or building in such a way that there is a disturbance of equal to or greater than one(1)acre of land. This term does not include such activities as exterior remodeling,routine maintenance activities,and linear utility installation. Semiarid Areas -Areas with an average annual rainfall of at least ten(10)inches,but less than 20 inches. Small Municipal Separate Storm Sewer System(MS4) —A conveyance or system of conveyances (including roads with drainage systems,municipal streets,catch basins, curbs, gutters,ditches, manmade channels, or storm drains): (a) Owned or operated by the U.S., a state,city,town,borough, county,district, association,or other public body(created by or pursuant to State law)having jurisdiction over 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; (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; (d) Which is not part of a publicly owned treatment works (POTW) as defined in 40 CFR§ 122.2; and (e) Which was not previously regulated under a National Pollutant Discharge Elimination System(NPDES)or a Texas Pollutant Discharge Elimination System(TPDES) individual permit as a medium or large municipal separate storm sewer system,as defined in 40 CFR§§122.26(b)(4) and(b)(9). This term includes systems similar to separate storm sewer systems at military bases,large hospitals or prison complexes, and highways and other thoroughfares. This term does not include separate storm sewers in very discrete areas, such as individual buildings. For the purpose of this permit, a very discrete system also includes storm drains associated with certain municipal offices and education facilities serving a nonresidential population,where those storm drains do not function as a system,and where the buildings are not physically interconnected to a small MS4 that is also operated by that public entity. Stormwater and Stormwater Runoff-Rainfall runoff,snow melt runoff,and surface runoff and drainage. Stormwater Associated with Construction Activity-Stormwater runoff from an area where there is either a large construction or a small construction activity. Page 9 Small MS4 General Permit TPDES General Permit TXR040000 Part I Stormwater Management Program(SWMP) -A comprehensive program to manage the quality of discharges from the municipal separate storm sewer system. Structural Control(or Practice)-A pollution prevention practice that requires the construction of a device, or the use of a device,to capture or prevent pollution in stormwater runoff. Structural controls and practices may include but are not limited to:wet ponds, bioretention,infiltration basins,stormwater wetlands,silt fences, earthen dikes, drainage swales,vegetative lined ditches,vegetative filter strips,sediment traps,check dams,subsurface drains,storm drain inlet protection,rock outlet protection,reinforced soil retaining systems, gabions, and temporary or permanent sediment basins. Surface Water in the State-Lakes,bays,ponds, impounding reservoirs,springs, rivers, streams, creeks,estuaries,wetlands,marshes,inlets,canals,the Gulf of Mexico inside the territorial limits of the state(from the mean high water mark (MHWM)out 10.36 miles into the Gulf), and all other bodies of surface water,natural or artificial,inland or coastal,fresh or salt, navigable or 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 which are authorized by state or federal law, regulation,or permit,and which are created for the purpose of waste treatment are not considered to be water in the state. Total Maximum Daily Load(TMDL)-The total amount of a substance that a water body can assimilate and still meet the Texas Surface Water Quality Standards. Traditional Small MS4-A small MS4 that can pass ordinances and have the enforcement authority to enforce the stormwater management program.An example of traditional MS4s includes cities. Urbanized Area (UA)-An area of high population density that may include multiple small MS4s as defined and used by the U.S. Census Bureau in the 2000 and the 2oro Decennial census. Waters of the United States-(According to 40 CFR§122.2)Waters of the United States or waters of the U.S.means: (a) All waters which are currently used,were used in the past,or may be susceptible to use in interstate or foreign commerce,including all waters which are subject to the ebb and flow of the tide; (b) All interstate waters,including interstate wetlands; (c) All other waters such as intrastate lakes,rivers,streams (including intermittent streams),mudflats,sandflats,wetlands,sloughs,prairie potholes,wet meadows,playa lakes,or natural ponds that the use,degradation,or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (t) Which are or could be used by interstate or foreign travelers for recreational or other purposes; (2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (3) Which are used or could be used for industrial purposes by industries in interstate commerce; Page io Small MS4 General Permit TPDES General Permit TXR040000 Part II,Section A (d) All impoundments of waters otherwise defined as waters of the United States under this definition; (e) Tributaries of waters identified in paragraphs(a)through(d)of this definition; (f) The territorial sea; and (g) Wetlands adjacent to waters(other than waters that are themselves wetlands) identified in paragraphs(a)through(f)of this definition. Waste treatment systems,including treatment ponds or lagoons designed to meet the requirements of the CWA(other than cooling ponds as defined in 40 CFR§423.11(m)which also meet the criteria of this definition)are not waters of the U.S. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the U.S. (such as disposal area in wetlands)nor resulted from the impoundment of waters of the U.S.Waters of the U.S. do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency,for the purposes of the CWA,the final authority regarding the CWA jurisdiction remains with the EPA. Part II. Permit Applicability and Coverage This general permit provides authorization for stormwater and certain non-stormwater discharges from small municipal separate storm sewer systems (MS4)to surface water in the state. The general permit contains requirements applicable to all small MS4s that are eligible for coverage under this general permit. Section A. Small MS4s Eligible for Authorization under this General Permit Discharges from a small MS4 must be authorized if any of the following criteria are met and maybe authorized under this general permit if coverage is not otherwise prohibited. 1. Small MS4s Located in an Urbanized Area Operators of small MS4s that are fully or partially located within an urbanized area(UA), as determined by the 2000 or 2010 Decennial Census by the U.S. Bureau of Census,must obtain authorization for the discharge of stormwater runoff and are eligible for coverage under this general permit unless otherwise prohibited. 2. Designated Small MS4s A small MS4 that is outside an urbanized area that is designated by TCEQ based on evaluation criteria as required by 40 CFR§ 122.32(a)(2)or 40 CFR§ 122.26(a)(1)(v) and adopted by reference in Title 3o,TAC§ 281.25,is eligible for coverage under this general permit. Following designation,operators of small MS4s must obtain authorization under this general permit or apply for coverage under an individual TPDES stormwater permit within 18o days of notification of their designation. 3. Operators of Previously Permitted Small MS4s Operators of small MS4s that were covered under the previous TPDES general permit for small MS4s(TXR040000, Issued and Effective on August 13, 2007)must reapply for permit coverage,or must obtain a waiver if applicable(see Part II.B,related to Obtaining a Waiver.) Page u Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section B 4. Regulated Portion of Small MS4 The portion of the small MS4 that is required to meet the conditions of this general permit are those portions that are located within the UA as defined and used by the U.S. Census Bureau in the 2000 or 2010 census, as well as any portion of the small MS4 that is designated by TCEQ. For the purpose of this permit,the regulated portion of a small MS4 for a transportation entity is the land owned by the permtttee within the UA which functions as,or is integral to a transportation system with drainage conveyance.Non-contiguous property that does not drain into the transportation drainage system is not subject to this general permit. y. Categories of Regulated Small MS4s This permit defines MS4 operators by the following categories,or levels,based on the population served within the 2010 UA.The level of a small MS4 may change during the permit term based on the MS4 operator acquiring or giving up regulated area,such as by annexing land or if land is annexed away. However,the level of a small MS4 will not change during the permit term based on population fluctuation. (a) Level 1: Operators of traditional small MS4s that serve a population of less than 10,000 within a UA; (b) Level 2: Operators of traditional small MS4s that serve a population of at least 10,000 but less than 40,000 within a UA.This category also includes all non-traditional small MS4s such as counties,drainage districts,transportation entities, military bases, universities,colleges, correctional institutions,municipal utility districts and other special districts regardless of population served within the UA,unless the non- traditional MS4 can demonstrate that it meets the criteria for a waiver from permit coverage based on the population served; (c) Level 3: Operators of traditional small MS4s that serve a population of at least 40,000 but less than 100,00o within a UA; (d) Level 4: Operators of traditional small MS4s that serve a population of 100,000 or more within a UA. For the purpose of this section"serve a population"means the residential population within the regulated portion of the small MS4 based on the 2010 census,except for non-traditional small MS4s listed in(b)above. Section B. Available Waivers from Coverage The TCEQ may waive permitting requirements for small regulated MS4 operators if the criteria are met for Waiver Option 1 or 2 below. To obtain Waiver Option 1,the MS4 operator must submit the request on a waiver form provided by the executive director. To obtain Waiver Option 2,the MS4 operator must contact the executive director and coordinate the activities required to meet the waiver conditions. A provisional waiver from permitting requirements begins 3o days after an administratively complete waiver form is postmarked for delivery to the TCEQ. Following review of the waiver form,the executive director may:(1)Determine that the waiver form is technically complete and approve the waiver by providing a notification and a waiver number; (2)Determine that the waiver form is incomplete and deny the waiver until a completed waiver form is submitted; or(3)Deny the waiver and require that permit coverage be obtained. Page 12 Small MS4 General Permit TPDES General Permit TXR040000 Part II,Section B If the conditions of a waiver are not met by the MS4 operator,then the MS4 operator must submit an application for coverage under this general permit or a separate TPDES permit application. At any time the TCEQ may require a previously waived MS4 operator to comply with this general permit or another TPDES permit if circumstances change so that the conditions of the waiver are no longer met. Changed circumstances can also allow a regulated MS4 operator to request a waiver at any time. At any time the TCEQ can request to review any waivers granted to MS4 operators to determine whether any of the information required for granting the waiver has changed.At a minimum TCEQ will review all waivers when MS4 operators submit their renewal waiver applications. For the purpose of obtaining a waiver,the population served refers to the residential population for traditional small MS4s and for certain non-traditional small MS4s with a residential population(such as counties and municipal utility districts).For other non- traditional small MS4s,the population served refers to the number of people using the small MS4 on an average operational day. 1. Waiver Option is The small MS4 serves a population of less than 1,000 within a UA and meets the following criteria: (a) The small MS4 is not contributing substantially to the pollutant loadings of a physically interconnected MS4 that is regulated by the NPDES/TPDES stormwater program(40 CFR§ 122.32(d)); and (b) If the small MS4 discharges any pollutant(s)that have been identified as a cause of impairment of any water body to which the small MS4 discharges,stormwater controls are not needed based on wasteload allocations that are part of an EPA approved or established TMDL that addresses the pollutant(s) of concern. 2. Waiver Option 2: The small MS4 serves a population under lo,000 within a UA and meets the following criteria: (a) The TCEQ has evaluated all waters of the U.S.,including small streams,tributaries, lakes, and ponds,that receive a discharge from the small MS4; (b) For all such waters,the TCEQ has determined that stormwater controls are not needed based on wasteload allocations that are part of an approved or established TMDL that addresses the pollutant(s) of concern or,if a TMDL has not been developed or approved,an equivalent analysis that determines sources and allocations for the pollutant(s)of concern; and (c) The TCEQ has determined that future discharges from the small M84 do not have the potential to exceed Texas surface water quality standards,including impairment of designated uses, or other significant water quality impacts,including habitat and biological impacts. (d) For the purpose of this paragraph(2.),the pollutant(s) of concern include biochemical oxygen demand(BOD),sediment or a parameter that addresses sediment(such as total Page 13 Small MS4 General Permit TPDES General Permit TXR040000 Part Il,Section C suspended solids,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 the small MS4. Section C. Allowable Non-Stormwater Discharges The following non-stormwater sources may be discharged from the small MS4 and are not required to be addressed in the small MS4's Illicit Discharge and Detection or other minimum control measures,unless they are determined by the permittee or the TCEQ to be significant contributors of pollutants to the small MS4, or they are otherwise prohibited by the MS4 operator: i. Water line flushing(excluding discharges of hyperchlorinated water,unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life); 2. Runoff or return flow from landscape irrigation,lawn irrigation,and other irrigation utilizing potable water, groundwater,or surface water sources; 3. Discharges from potable water sources that do not violate Texas Surface Water Quality Standards; 4. Diverted stream flows; 5. Rising ground waters and springs; 6. Uncontaminated ground water infiltration; 7. Uncontaminated pumped ground water; 8. Foundation and footing drains; 9. Air conditioning condensation; 10. Water from crawl space pumps; 11. Individual residential vehicle washing; 12. Flows from wetlands and riparian habitats; 13. Dechlorinated swimming pool discharges that do not violate Texas Surface Water Quality Standards; 14. Street wash water excluding street sweeper waste water; 15. Discharges or flows from emergency fire fighting activities(fire fighting activities do not include washing of trucks,run-off water from training activities,test water from fire suppression systems,and similar activities); 16. Other allowable non-stormwater discharges listed in 40 CFR§ 122.26(d)(2)(iv)(B)(1); 17. Non-stormwater discharges that are specifically listed in the TPDES Multi Sector General Permit(MSGP)TXR050000 or the TPDES Construction General Permit (CGP)TXR150000; 18. Discharges that are authorized by a TPDES or NPDES permit or that are not required to be permitted; and 19. Other similar occasional incidental non-stormwater discharges such as spray park water,unless the TCEQ develops permits or regulations addressing these discharges. Page 14 Small MS4 General Permit TPDES General Permit TXR040000 Part II,Section D Section D. Limitations on Permit Coverage 1. Discharges Authorized by Another TPDES Permit Discharges authorized by an individual or other general TPDES permit may be authorized under this TPDES general permit only if the following conditions are met: (a) The discharges meet the applicability and eligibility requirements for coverage under this general permit; (b) A previous application or permit for the discharges has not been denied,terminated,or revoked by the executive director as a result of enforcement or water quality related concerns. The executive director may provide a waiver to this provision based on new circumstances at the regulated small MS4; and (c) The executive director has not determined that continued coverage under an individual permit is required based on consideration of an approved total maximum daily loading (TMDL)model and implementation plan,anti-backsliding policy,history of substantive non-compliance or other 3o TAC Chapter 205 considerations and requirements,or other site-specific considerations. 2. Discharges of Stormwater Mixed with Non-Stormwater Stormwater discharges that combine with sources of non-stormwater are not eligible for coverage by this general permit,unless either the non-stormwater source is described in Part ILC of this general permit or the non-stormwater source is authorized under a separate TPDES permit. 3. Compliance with Water Quality Standards Discharges to surface water in the state that would cause,has the reasonable potential to cause, or contribute to a violation of water quality standards or that would fail to protect and maintain existing designated uses are not eligible for coverage under this general permit except as described in Part II.D.4 below.The executive director may require an application for an individual permit or alternative general permit to authorize discharges to surface water in the state if the executive director determines that an activity will cause has the reasonable potential to cause,or contribute to, a violation of water quality standards or is found to cause,have the reasonable potential to cause,or contribute to the impairment of a designated use of surface water in the state. The executive director may also require an application for an individual permit based on factors described in Part II.F.2. 4. Impaired Water Bodies and Total Maximum Daily Load(TMDL) Requirements Discharges of the pollutant(s)of concern to impaired water bodies for which there is a TCEQ and EPA approved total maximum daily load(TMDL) are not eligible for this general permit unless they are consistent with the approved TMDL.A water body is impaired for purposes of the permit if it has been identified,pursuant to the latest TCEQ and EPA approved CWA§303(d)list,as not meeting Texas Surface Water Quality Standards. The permittee shall control the discharges of pollutant(s)of concern to impaired waters and waters with approved TMDLs as provided in sections(a) and(b)below, and shall assess the progress in controlling those pollutants. (a) Discharges to Water Quality Impaired Water Bodies with an Approved TMDL Page 15 Small MS4 General Permit TPDES General Permit TXR040000 Part Il, Section D If the small MS4 discharges to an impaired water body with an approved TMDL,where stormwater has the potential to cause or contribute to the impairment,the permittee shall include in the SWMP controls targeting the pollutant(s)of concern along with any additional or modified controls required in the TMDL and this section. The SWMP and required annual reports must include information on implementing any targeted controls required to reduce the pollutant(s)of concern as described below: (r) Targeted Controls The SWMP must include a detailed description of all targeted controls to be implemented,such as identifying areas of focused effort or implementing additional Best Management Practices(BMPs)to reduce the pollutant(s)of concern in the impaired waters. (z) Measurable Goals For each targeted control,the SWMP must include a measurable goal and an implementation schedule describing BMPs to be implemented during each year of the permit term. (3) Identification of Benchmarks The SWMP must identify a benchmark for the pollutant(s)of concern. Benchmarks are designed to assist in determining if the BMPs established are effective in addressing the pollutant(s) of concern in stormwater discharge(s)from the MS4 to the maximum extent practicable(MEP).The BMPs addressing the pollutant of concern must be re-evaluated on an annual basis for progress towards the benchmarks and modified as necessary within an adaptive management framework.These benchmarks are not numeric effluent limitations or permit conditions but intended to be guidelines for evaluating progress towards reducing pollutant discharges consistent with the benchmarks.The exceedance of a benchmark is not a permit v olation and does not in itself indicate a violation of instream water quality standards. The benchmark must be determined based on one of the following options: a. If the MS4 is subject to a TMDL that identifies a Waste Load Allocation(s) (WLA)for permitted MS4 stormwater sources,then the SWMP may identify it as the benchmark.Where an aggregate allocation is used as a benchmark, all affected MS4 operators are jointly responsible for progress in meeting the benchmark and shall(jointly or individually)develop a monitoring/assessment plan as required in Part II.D.4(a)(6). b. Alternatively,if multiple small MS4s are discharging into the same impaired water body with an approved TMDL,with an aggregate WLA for all permitted stormwater MS4s,then the MS4s may combine or share efforts to determine an alternative sub-benchmark for the pollutant(s)of concern(e.g.,bacteria) for their respective MS4.The SWMP must clearly define this alternative approach and must describe how the sub-benchmark would cumulatively support the aggregate WLA.Where an aggregate benchmark has been broken into sub-benchmarks for individual MS4s, each permittee is only responsible for progress in meeting its sub-benchmark. (4) Annual Report The annual report must include an analysis of how the selected BMPs will be effective in contributing to achieving the benchmark. Page 16 Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D (5) Impairment for Bacteria If the pollutant of concern is bacteria,the permittee shall include focused BMPs addressing the below areas, as applicable,in the SWMP and implement as appropriate.If a TMDL Implementation Plan(I-Plan)is available,the permittee may refer to the I-Plan for appropriate BMPs.The SWMP and annual report must include the selected BMPs. Permitees may not exclude BMPs associated with the minimum control measures required under 40 CFR§122.34 from their list of proposed BMPs. Proposed BMPs will be reviewed by the executive director during the NOI and SWMP review and approval process. The BMPs shall, as appropriate,address the following: a. Sanitary Sewer Systems (i) Make improvements to sanitary sewers to reduce overflows; (ii) Address lift station inadequacies; (iii) Improve reporting of overflows; and (iv) Strengthen sanitary sewer use requirements to reduce blockage from fats, oils,and grease. b. On-site Sewage Facilities(for entities with appropriate jurisdiction) (i) Identify and address failing systems; and (ii) Address inadequate maintenance of On-Site Sewage Facilities(OSSFs). c. Illicit Discharges and Dumping Place additional effort to reduce waste sources of bacteria;for example,from septic systems,grease traps,and grit traps. d. Animal Sources Expand existing management programs to identify and target animal sources such as zoos,pet waste,and horse stables. e. Residential Education Increase focus to educate residents on: (i) Bacteria discharging from a residential site either during runoff events or directly; (ii) Fats,oils,and grease clogging sanitary sewer lines and resulting overflows; (iii) Decorative ponds; and (iv) Pet waste. (6) Monitoring or Assessment of Progress The permittee shall monitor or assess progress in achieving benchmarks and determine the effectiveness of BMPs,and shall include documentation of this monitoring or assessment in the SWMP and annual reports.In addition,the SWMP must include methods to be used. a. The permittee may use either of the following methods to evaluate progress towards the benchmark and improvements in water quality as follows: Page 17 Small MS4 General Permit TPDES General Permit TXR040000 Part II,Section D (i) Evaluating Program Implementation Measures The permittee may evaluate and report progress towards the benchmark by describing the activities and BMPs implemented,by identifying the appropriateness of the identified BMPs,and by evaluating the success of implementing the measurable goals. The permittee may assess progress by using program implementation indicators such as: (1)number of sources identified or eliminated; (2) decrease in number of illegal dumping; (3)increase in illegal dumping reporting; (4)number of educational opportunities conducted; (5) reductions in sanitary sewer flows (SSOs); or, (6)increase in illegal discharge detection through dry screening, etc.; or (ii) Assessing Improvements in Water Quality The permittee may assess improvements in water quality by using available data for segment and assessment units of water bodies from other reliable sources, or by proposing and justifying a different approach such as collecting additional instream or outfall monitoring data,etc. Data may be acquired from TCEQ,local river authorities,partnerships,and/or other local efforts as appropriate. b. Progress towards achieving the benchmark shall be reported in the annual report.Annual reports shall report the benchmark and the year(s)during the permit term that the MS4 conducted additional sampling or other assessment activities. (7) Observing no Progress Towards the Benchmark If,by the end of the third year from the effective date of the permit,the permittee observes no progress toward the benchmark either from program implementation or water quality assessments as described in Part II.D.4(a)(6), the permittee shall identify alternative focused BMPs that address new or increased efforts towards the benchmark or,as appropriate,shall develop a new approach to identify the most significant sources of the pollutant(s)of concern and shall develop alternative focused BMPs for those(this may also include information that identifies issues beyond the MS4's control).These revised BMPs must be included in the SWMP and subsequent annual reports. Where the permittee originally used a benchmark based on an aggregated WLA, the permittee may combine or share efforts with other MS4s discharging to the same watershed to determine an alternative sub-benchmark for the pollutant(s)of concern for their respective MS4s, as described in Part II.D.4(a)(3)(b)above. Permittees must document,in their SWMP for the next permit term,the proposed schedule for the development and subsequent adoption of alternative sub benchmark for the pollutant(s) of concern for their respective MS4s and associated assessment of progress in meeting those individual benchmarks. (b) Discharges Directly to Water Quality Impaired Water Bodies without an Approved TMDL The permittee shall also determine whether the permitted discharge is directly to one or more water quality impaired water bodies where a TMDL has not yet been approved by TCEQ and EPA.If the permittee discharges directly into an impaired water body without an approved TMDL,the permittee shall perform the following activities: Page 18 Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D (1) Discharging a Pollutant of Concern a. Within the first year following the permit effective date,the permittee shall determine whether the small MS4 maybe a source of the pollutant(s) of concern by referring to the CWA§303(d)list and then determining if discharges from the MS4 would be likely to contain the pollutant(s)of concern at levels of concern. b. If the permittee determines that the small MS4 may discharge the pollutant(s) of concern to an impaired water body without an approved TMDL,the permittee shall, no later than two years following the permit effective date, ensure that the SWMP includes focused BMPs, along with corresponding measurable goals,that the permittee will implement,to reduce,the discharge of pollutant(s)of concern that contribute to the impairment of the water body. c. In addition,no later than three years following the permit effective date,the permittee shall submit an NOC to amend the SWMP to include any additional BMPs to address the pollutant(s)of concern. (2) Impairment of Bacteria Where the impairment is for bacteria,the permittee shall identify potential significant sources and develop and implement focused BMPs for those sources. The permittee may implement the BMPs listed in Part ILD.4(a)(5)or proposed alternative BMPs as appropriate. (3) The annual report must include information on compliance with this section, including results of any sampling conducted by the permittee. 5. Discharges to the Edwards Aquifer Recharge Zone Discharges of stormwater from regulated small MS4s, and other non-stormwater discharges,are not authorized by this general permit where those discharges are prohibited by 3o TAC Chapter 213 (Edwards Aquifer Rule). New discharges located within the Edwards Aquifer Recharge Zone, or within that area upstream from the recharge zone and defined as the Contributing Zone,must meet all applicable requirements of, and operate according to,3o TAC Chapter 213 (Edwards Aquifer Rule)in addition to the provisions and requirements of this general permit. For existing discharges,the requirements of the agency-approved Water Pollution Abatement Plan(WPAP)under the Edwards Aquifer Rule are in addition to the requirements of this general permit. BMPs and maintenance schedules for structural stormwater controls,for example,may be required as a provision of the rule. All applicable requirements of the Edwards Aquifer Rule for reductions of suspended solids in stormwater runoff are in addition to the effluent limitation requirements found in Part VI.D. of this general permit. The permittee's agency-approved WPAPs that are required by the Edwards Aquifer Rule must be referenced in the SWMP.Additional agency-approved WPAPs received after the SWMP submittal must be recorded in the annual report for each respective permit year. For discharges originating from the small MS4 permitted area,and located on or within ten stream miles upstream of the Edwards Aquifer recharge zone, applicants must also submit a copy of the MS4 NOI to the appropriate TCEQ regional office with each WPAP application submitted to TCEQ on or after August 13, 2012. Page 19 Small MS4 General Permit TPDES General Permit TY-R040000 Part II, Section D Counties: Corral, Bexar,Medina,Uvalde, and Kinney Contact: TCEQ,Water Program Manager San Antonio Regional Office 14250 Judson Road San Antonio,Texas 78233-4480 (210)490-3096 Counties:Williamson,Travis,and Hays Contact: TCEQ,Water Program Manager Austin Regional Office 12100 Park 35 Circle,Bldg.A,Rm 179 Austin,Texas 78753 (512) 339-2929 6. Discharges to Specific Watersheds and Water Quality Areas Discharges of stormwater from regulated small MS4s and other non-stormwater discharges are not authorized by this general permit where prohibited by 3o TAC Chapter 311(relating to Watershed Protection)for water quality areas and watersheds. 7. Protection of Streams and Watersheds by Home Rule Municipalities This general permit does not limit the authority of a home-rule municipality provided by§ 401.002 of the Texas Local Government Code. 8. Indian Country Lands Stormwater runoff from small MS4s that occur on Indian Country lands are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges of stormwater require authorization under federal NPDES regulations,authority for these discharges must be obtained from the U.S.EPA. 9. Endangered Species Act Discharges that would adversely affect a listed endangered or threatened species or its critical habitat are not authorized by this permit. Federal requirements related to endangered species apply to all TPDES permitted discharges,and site-specific controls may be required to ensure that protection of endangered or threatened species is achieved. If a permittee has concerns over potential impacts to listed species,the permittee shall contact TCEQ for additional information prior to submittal of the NOI and SWMP.If adverse impact is determined after submittal of the NOI and SWMP or after permit issuance,the permittee shall contact TCEQ immediately to determine corrective action and potential modification to the MS4's permit. Page 20 Small MS4 General Permit TPDES General Permit TXR040000 Part II,Section E io.Other Nothing in Part II of the general permit is intended to negate any person's ability to assert the force majeure(act of God,war,strike,riot,or other catastrophe)defenses found in 30 TAC§ 70.7. This permit does not transfer liability for the act of discharging without,or in violation of, a NPDES or a TPDES permit from the operator of the discharge to the permittee(s). Section E. Obtaining Authorization i. Application for Coverage When submitting a notice of intent(NOI) and SWMP,for coverage under this general permit, as described in Parts II.E.3.,II.E.4,and Part III,the applicant must follow the public notice and availability requirements found in Part II.E.12 of this general permit. Applicants seeking authorization to discharge under this general permit must submit a completed NOI on a form approved by the executive director, and a SWMP as described in Part III. The NOI and SWMP must be submitted to the TCEQ Water Quality Division,at the address specified on the form. Following review of the NOI and SWMP,the executive director may determine that: 1)The submission is complete and confirm coverage by providing a notification and an authorization number, 2)The NOI or SWMP are incomplete and deny coverage and require that a new complete NOI and SWMP be submitted,3) Approve the NOI and SWMP with revisions and provide a written description of the required revisions along with any compliance schedule(s),or 4)Deny coverage and provide a deadline by which the MS4 operator must submit an application for an individual permit. Discharge authorization begins when the applicant is notified by TCEQ that the NOI and SWMP have been administratively and technically reviewed and the applicant has followed the public participation pro-visions in Part II.E.12. Denial of coverage under this general permit is subject to the requirements of 3o TAC§ 205.4(c).Application deadlines are as follows: (a) Small MS4s Located in a 2010 Urbanized Area(UA) (Newly regulated Small MS4s) Operators of small MS4s described in Part II.A.1 that were not previously regulated under the TPDES General Permit TXR040000, shall submit an NOI and SWMP within 18o days following the effective date of this general permit. (b) Small MS4s Located in a 2000 UA(Previously Regulated Small MS4s) Operators of small MS4s described in Part II.A.1 that were required to obtain authorization under the previous TPDES General Permit TXR040000 based on the 2000 UA maps shall submit an NOI and revised SWMP within 18o days following the effective date of this general permit. (c) Designated Small MS4s Following designation, operators of small MS4s described in Part II.A.2 shall submit an NOI and SWMP,or apply for coverage under an individual TPDES stormwater permit, within 18o days of being notified in writing by the TCEQ of the need to obtain permit coverage. Page 21 Small MS4 General Permit TPDES General Permit TXR040000 Part II,Section E (d) Individual Permit Alternative If an operator of a small MS4 described in Part II.A.i. of this general permit elects to apply for an individual permit,the application must be submitted within go days following the effective date of this general permit. 2. Late Submission of the NOI and SWMP Operators are not prohibited from submitting an NOI and SWMP after the deadlines provided. If a late NOI and SWMP are submitted,then this general permit provides authorization only for discharges that occur after permit coverage is obtained. The TCEQ reserves the right to take appropriate enforcement actions for any unpermitted discharges. 3. Stormwater Management Program(SWMP) A SWMP must be developed and submitted with the NOI for eligible discharges that will reach waters of the U.S.,including discharges from the regulated small MS4 to other MS4s or to privately-owned separate storm sewer systems that subsequently drain to waters of the U.S.,according to the requirements of Part III of this general permit. The SWMP must include,as appropriate,the months and years in which the permittee will undertake required actions,including interim milestones and the frequency of the action throughout the permit term. New elements in the program must be completely implemented within five years of the effective date of this general permit,or within five years of being designated for those small MS4s which are designated following permit issuance.Previously regulated MS4s shall assess existing program elements set forth in the previous permit,modify as necessary, and develop and implement new elements,as necessary,to continue reducing the discharge of pollutants from the MS4 to the MEP. Changes may be made to the SWMP during the permit term. The TCEQ may notify the permittee of the need to modify the SWMP to be consistent with the general permit,in which case the permittee will have go days to finalize such changes to the SWMP. Changes that are made to the SWMP before the NOI is approved by the TCEQ must be submitted in a letter providing supplemental information to the NOI. Changes to the SWMP that are made after TCEQ approval of the NOI and SWMP may be made following submittal of a notice of change(NOC)and receipt of written approval of the NOC from the TCEQ,except as follows: (a) The following changes may be implemented without submitting an NOC form. The changes may be made immediately following revision of the SWMP,and must be included in the annual report: (r) Adding components,controls, or requirements to the SWMP;or replacing a BMP with an equivalent BMP.An equivalent BMP is one that is intended to address the same concern as the original BMP and is substantially similar in nature to the original BMP; (2) Nonsubstantive changes,including: a. A change in personnel,or a reorganization of departments responsible for implementing the SWMP; b. Minor clarifications to the existing BMPs; c. Correction of typographical errors; Page 22 Small MS4 General Permit TPDES General Permit TXR040000 Part II,Section E d. Other similar administrative or nonsubstantive comments. (3) Adding or subtracting area(s) during the permit term,such as by annexing land or if land is de-annexed. (b) The permittee may replace a less effective or infeasible BMP specifically identified in the SWMP with an alternative BMP, (for example,replacing a structural BMP with a non-structural BMP).Such a change may be implemented within 6o days following submittal of an NOC form,unless the NOC is denied in writing by TCEQ. Such requests must include the following: (t) An explanation of why the BMP was eliminated; (2) An explanation of the effectiveness of the replacement BMP; and (3) An explanation of how the replacement BMP is expected to achieve the goals of the previous BMP. (c) All other changes must be submitted on an NOC form and may only be implemented following written approval by TCEQ(See Part ILE.5). 4. Contents of the NOI The NOI must contain the following minimum information: (a) MS4 Operator Information (t) The name, mailing address,electronic mail(email)address,telephone number, and facsimile(fax)number of the MS4 operator; and (2) The legal status of the MS4 operator(for example,federal government, state government,county government,city government, or other government). (b) Site Information (t) The name,physical location description,and latitude and longitude of the approximate center of the regulated portion of the small MS4; (2) County or counties where the small MS4 is located; (3) An indication if all or a portion of the small MS4 is located on Indian Country Lands; (4) The name,mailing address,telephone number,email(if available) and fax number of the designated person(s)responsible for implementing or coordinating implementation of the SWMP; (5) A signature and certification on the NOI, according to 3o TAG§305.44,that a SWMP has been developed according to the provisions of this permit; (6) A statement that the applicant will comply with the Public Participation requirements described in Part II.E.12.; (7) The name of each classified segment that receives discharges,directly or indirectly, from the small MS4. If one or more of the discharge(s)is not directly to a classified segment,then the name of the first classified segment that those discharges reach must be identified; Page 23 Small MS4 General Permit TPDES General Permit TXR040000 Part II,Section E (8) The name of any MS4 receiving the discharge prior to discharge into waters of the U.S.; (9) The name of all surface water(s)receiving discharges from the small MS4 that are on the latest EPA-approved CWA§303(d)list of impaired waters; (ro)An indication of whether the small MS4 discharges within the Recharge Zone,the Contributing Zone or the Contributing Zone within the Transition Zone of the Edwards Aquifer; and (n) Any other information deemed necessary by the executive director. 5. Notice of Change(NOC) If the MS4 operator becomes aware that it failed to submit any relevant facts,or submitted incorrect information in the NOI,the correct information must be provided to the executive director in a NOC within 3o days after discovery. If any information provided in the NOI changes,an NOC must be submitted within 3o days from the time the permittee becomes aware of the change. Any revisions that are made to the SWMP must be made in accordance with Part ILE.3. above. Changes that are made to the SWMP following NOI approval must be made using an NOC form,in accordance with Part II.E.3. above. 6. Change in Operational Control of a Small MS4 If the operational control of the regulated small MS4 changes,the previous operator must submit a Notice of Termination(NOT)and the new operator must submit an NOI and SWMP.The NOT and NOI must be submitted concurrently not more than ten(1 o) calendar days after the change occurs. 7. Notice of Termination(NOT) A permittee may terminate coverage under this general permit by providing a Notice of Termination(NOT)on a form approved by the executive director. Authorization to discharge terminates at midnight on the day that an NOT is postmarked for delivery to the TCEQ,or immediately following confirmation of receipt of the electronic NOT form by the TCEQ. A NOT must be submitted within 3o days after the MS4 operator obtains coverage under an individual permit. 8. Signatory Requirement for NOI,NOT,NOC, and Waiver Forms NOI,NOT,NOC, and waiver forms must be signed and certified consistent with 3o TAC§ 305.44(a)and(b) (relating to Signatories to Applications). 9. Fees An application fee of$roo.00 must be submitted with each NOI. A fee is not required for submission of a waiver form,a NOT,or an NOC. A permittee authorized under this general permit must pay an annual Water Quality fee of $roo.00 under TWC§ 26.0291 and 3o TAC Chapter 205(relating to General Permits for Waste Discharges). Page 24 Small MS4 General Permit TPDES General Permit TXR040000 Part II,Section E io.Permit Expiration (a) This general permit is effective for five(5)years from the permit effective date. Authorizations for discharge under the provisions of this general permit will continue until the expiration date of the general permit. This general permit may be amended, revoked,or canceled by the commission or renewed by the TCEQ for an additional term not to exceed five(5)years. (b) If the executive director proposes to reissue this general permit before the expiration date,the general permit will remain in effect until the date on which the commission takes final action on the proposal to reissue this general permit.For existing permittees,general permit coverage will remain in effect after the expiration date of the existing general permit,in accordance with 3o TAC, Chapter 205.No new NOIs will be accepted and no new authorizations will be processed under the general permit after the expiration date. (c) Following issuance of a renewed or amended general permit, all permittees,including those covered under the expired general permit,may be required to submit an NOI according to the requirements of the new general permit or to obtain a TPDES individual permit for those discharges. The renewed permit will include a deadline to apply for coverage,and authorization for existing permittees will be automatically extended until the deadline to apply for coverage, or until an application is submitted for renewal,whichever occurs first. (d) If the TCEQ does not propose to reissue this general permit within go days before the expiration date,permittees must apply for authorization under a TPDES individual permit or an alternative general permit. If the application for an individual permit is submitted before the expiration date of this general permit, authorization under this expiring general permit remains in effect until the issuance or denial of an individual permit. ii. Suspension of Permit Coverage The executive director may suspend an authorization under this general permit for the reasons specified in 3o TAC§ 205.4(d)by providing the discharger with written notice of the decision to suspend that authority,and the written notice will include a brief statement of the basis for the decision. If the decision requires an application for an individual permit or an alternative general permit,the written notice will also include a statement establishing the deadline for submitting an application. The written notice will state that the authorization under this general permit is either suspended on the effective date of the commission's action on the permit application,unless the commission expressly provides otherwise, or immediately,if required by the executive director. 12.Public Notice Process for NOI submittal An applicant under this general permit shall adhere to the following procedures: (a) The applicant shall submit an NOI and SWMP to the executive director.The SWMP must include information about: (r) BMPs the applicant will implement for each of the six MCMs,as appropriate; (2) The measurable goals for each of the BMPs,including, as appropriate the months and years in which the applicant will take the required actions,including interim milestones and the frequency of the action; and Page 25 Small MS4 General Permit TPDES General Permit TY-R040000 Part II,Section E (3) The person or persons responsible for implementing or coordinating the applicants SWMP. (b) After the applicant receives written instructions from the TCEQ's Office of Chief Clerk, the applicant must publish notice of the executive director's preliminary decision on the NOI and SWMP. (c) The notice will include the following information,at a minimum: (i) The legal name of the MS4 operator; (2) Indication of whether the NOI is for a new authorization or is a renewal of an existing authorization; (3) The address of the applicant; (4) A brief summary of the information included in the NOI,such as the general location of the small MS4 and a description of the classified receiving waters that receive the discharges from the small MS4; (5) The location and mailing address where the public may provide comments to the TCEQ; (6) The public location where copies of the NOI and SWMP,as well as the executive director's general permit and fact sheet,may be reviewed; and (7) If required by the executive director,the date,time,and location of the public meeting. (d) This notice must be published at least once in a newspaper of general circulation in the municipality or county where the small MS4 is located. If the small MS4 is located in multiple municipalities or counties,the notice must be published at least once in a newspaper of general circulation in the municipality or county containing the largest resident population for the regulated portion of the small MS4. This notice must provide opportunity for the public to submit comments on the NOI and SWMP. In addition,the notice must allow the public to request a public meeting. A public meeting will be held if the TCEQ determines that there is significant public interest. (e) The public comment period begins on the first date the notice is published and lasts for at least 3o days.If a public meeting is held,the comment period will end at the closing of the public meeting(see paragraph(f)below). The public may submit written comments to the TCEQ Office of Chief Clerk during the comment period detailing how the NOI or SWMP for the small MS4 fails to meet the technical requirements or conditions of this general permit. (f) If significant public interest exists,the executive director will direct the applicant to publish a notice of the public meeting and to hold the public meeting. The applicant shall publish notice of a public meeting at least 3o days before the meeting and hold the public meeting in a county where the small MS4 is located. TCEQ staff will facilitate the meeting. (g) If a public meeting is held,the applicant shall describe the contents of the NOI and SWMP. The applicant shall also provide maps and other data on the small MS4. The applicant shall provide a sign in sheet for attendees to register their names and addresses and furnish the sheet to the executive director. A public meeting held under this general permit is not an evidentiary proceeding. (h) The applicant shall file with the Chief Clerk a copy and an affidavit of the publication of notice(s)within 6o days of receiving the written instructions from the Chief Clerk. Page 26 Small MS4 General Permit TPDES General Permit TXR040000 Part II,Section F (i) The executive director, after considering public comment,will either approve, approve with conditions,or deny the NOI based on whether the NOI and SWMP meet the requirements of this general permit. (j) Persons whose names and addresses appear legibly on the sign-in sheet from the public meeting and persons who submitted written comments to the TCEQ will be notified by the TCEQ's Office of Chief Clerk of the executive director's decision regarding the authorization. Section F. Permitting Options t. Authorization Under the General Permit An operator of a small MS4 is required to obtain authorization either under this general permit,or under an individual TPDES permit if it is located in a UA or designated by the TCEQ. Multiple small MS4s with separate operators must individually submit an NOI to obtain coverage under this general permit,regardless of whether the systems are physically interconnected,located in the same UA, or are located in the same watershed. Each regulated small MS4 will be issued a distinct permit number. These MS4 operators may combine or share efforts in meeting any or all of the SWMP requirements stated in Part III of this general permit. MS4 operators that share SWMP development and implementation responsibilities must meet the following conditions: (a) Participants The SWMP must clearly list the name and permit number for each MS4 operator that chooses to contributes to development or implementation of the SWMP, and provide written confirmation that the contributing MS4 operator has agreed to contribute. If a contributing small MS4 has submitted a NOI and SWMP to TCEQ,but has not yet received written notification of approval,along with the accompanying permit authorization number,a copy of the submitted NOI form must be made readily available or be included in the SWMP. (b) Responsibilities Each permittee is entirely responsible for meeting SWMP requirements within the boundaries of its small MS4.Where a separate MS4 operator is contributing to implementation of the SWMP,the SWMP must clearly define each minimum control measure and the component(s) each entity agrees to implement,within which MS4 area(s) each entity agrees to implement and clearly identify the contributing MS4 operator. 2. Alternative Coverage under an Individual TPDES Permit An MS4 operator eligible for coverage under this general permit may alternatively be authorized under an individual TPDES permit according to 3o TAC Chapter 305(relating to Consolidated Permits). The executive director may require a MS4 operator,authorized by this general permit,to apply for an individual TPDES permit because of:the conditions of an approved TMDL or TMDL implementation plan; a history of substantive non- compliance; or other 3o TAC Chapter 205 considerations and requirements; or other site- specific considerations. The executive director shall deny or suspend a facility's authorization for disposal under this general permit based on a rating of"unsatisfactory performer" according to commission rules in 3o TAC§6o.3, Use of Compliance History. An applicant who owns or operates a facility classified as an"unsatisfactory performer"is Page 27 Small MS4 General Permit TPDES General Permit TXR040000 Part III,Section A entitled to a hearing before the commission prior to having its coverage denied or suspended,in accordance with TWC§ 26.040(h). Part III. Stormwater Management Program(SWMP) To the extent allowable under state and local law,a SWMP must be developed,implemented and enforced according to the requirements of Part III of this general permit,for stormwater discharges that reach waters of the U.S.,regardless of whether the discharge is conveyed through a separately operated storm sewer system. The SWMP must be developed, implemented and enforced to reduce the discharge of pollutants from the small MS4 to the maximum extent practicable(MEP),to protect water quality,and to satisfy the appropriate water quality requirements of the CWA and the TWC. A permittee that implements best management practices consistent with the provisions of their permit and SWMP constitutes compliance with the standard of reducing pollutants to the MEP and will be deemed in compliance with Part III of this permit.This permit does not extend any compliance deadlines set forth in the previous permit effective August 18, 2007. Section A. Developing a Stormwater Management Program (SWMP) 1. SWMP Development and Schedule (a) Existing regulated small MS4s Permittees who were regulated under the previous TPDES general permit TXR040000,shall update and submit to the TCEQ an updated SWMP under this general permit along with the NOI for coverage.The NOI and SWMP are due within 18o days of the general permit effective date.The permittee shall continue to operate under the conditions of the previous permit and existing SWMP until the revised SWMP is approved. (b) New regulated small MS4s Operators of regulated small MS4s that were not required to obtain permit coverage under the previous TPDES general permit TXR0400o0,have 18o days from the effective date of the general permit to develop and submit their NOI and SWMP. (c) Implementation of the SWMP Existing small MS4 operators shall ensure full implementation of any new elements in the revised SWMP as soon as practicable,but no later than five years from the permit effective date.Previously regulated MS4 operators shall continue to implement existing elements in the approved SWMPs until the revised SWMPs has been approved. Designated small MS4s must achieve full implementation of the SWMP as soon as practicable,but no later than five years from designation. Newly regulated small MS4s,based on the 2oto Decennial Census, must achieve full implementation of the SWMP as soon as practicable,but no later than five years from the permit effective date. 2. Content of the SWMP At a minimum,the permittee shall include the following information in its SWMP: Page 28 Small MS4 General Permit TPDES General Permit TXR040000 Part III,Section A (a) A description of Minimum Control Measures(MCM)with measureable goals, including, as appropriate,the months and years in which the permittee will undertake required actions,including interim milestones and the frequency of the action for each MCM described in Part III,Section B. (b) A measurable goal that includes the development of ordinances or other regulatory mechanisms, allowed by state,federal and local law,providing the legal authority necessary to implement and enforce the requirements of this permit,including information on any limitations to the legal authority; (c) A summary of written procedures describing how the permittee will implement the provisions in Parts III and IV of this general permit. (d) A description of a program or a plan of compliance with the requirements in Part ILD.4. (relating to Impaired Water Bodies and Total Maximum Daily Load(TMDL) Requirements) g. Legal Authority (a) Traditional small MS4s,such as cities (i) Within two years from the permit effective date,the permittee shall review and revise,if needed,its relevant ordinance(s) or other regulatory mechanism(s),or shall adopt a new ordinanee(s) or other regulatory mechanism(s)that provide the permittee with adequate legal authority to control pollutant discharges into and from its small MS4 in order to meet the requirements of this general permit. (z) To be considered adequate,this legal authority must, at a minimum, address the following: a. Authority to prohibit illicit discharges and illicit connections; b. Authority to respond to and contain other releases—Control the discharge of spills, and prohibit dumping or disposal of materials other than stormwater into the small MS4; c. Authority to require compliance A4th conditions in the permittee's ordinances, permits,contracts,or orders; d. Authority to require installation, implementation, and maintenance of control measures; e. Authority to receive and collect information,such as stormwater plans, inspection reports,and other information deemed necessary to assess compliance with this permit, from operators of construction sites,new or redeveloped land, and industrial and commercial facilities; f. Authority, as needed,to enter and inspect private property including facilities, equipment,practices,or operations related to stormwater discharges to the small MS4; g. Authority to respond to non-compliance with BMPs required by the small MS4 consistent with their ordinances or other regulatory mechanism(s); h. Authority to assess penalties,including monetary,civil,or criminal penalties; and i. Ability to enter into interagency or interlocal agreements or other maintenance agreements, as necessary. Page 29 Small MS4 General Permit TPDES General Permit TXRO4o0oo Part III,Section B (b) Non-traditional small MS4s,such as counties,drainage districts,transportation entities, municipal utility districts,military bases,prisons and universities (1) Where the permittee lacks the authority to develop ordinances or to implement enforcement actions,the permittee shall exert enforcement authority as required by this general permit for its facilities, employees, contractors, and any other entity over which it has operational control within the portion of the UA under the jurisdiction of the permittee. For discharges from third party actions,the permittee shall perform inspections and exert enforcement authority to the MEP. (2) If the permittee does not have inspection or enforcement authority and is unable to meet the goals of this general permit through its own powers,then,unless otherwise stated in this general permit,the permittee shall perform the following actions in order to meet the goals of the permit: a. Enter into interlocal agreements with municipalities where the small MS4 is located. These interlocal agreements must state the extent to which the municipality will be responsible for inspections and enforcement authority in order to meet the conditions of this general permit; or, b. If it is not feasible for the permittee to enter into interlocal agreements,the permittee shall notify an adjacent MS4 operator with enforcement authority or TCEQs Field Operations Support Division as needed to report discharges or incidents that it cannot itself enforce against. In determining feasibility for entering into interlocal agreements,the permittee shall consider all factors, including,without limitations,financial considerations and the willingness of the municipalities in which the small MS4 is located. 4. Resources It is the permittee's responsibility to ensure that it has adequate resources and funding to implement the requirements of this permit. 5. Effluent Limitations The controls and BMPs included in the SWMP constitute effluent limitations for the purposes of compliance with state rules.This includes the requirements of 3o TAC Chapter 319,Subchapter B,which lists the maximum allowable concentrations of hazardous metals for discharge to water in the state. 6. Enforcement Measures Permittees with enforcement authority(i.e.traditional small MS4s)shall develop a standard operating procedure(SOP)to respond to violations to the extent allowable under state and local law.When the permittee does not have enforcement authority over the violator, and the violations continue after violator has been notified by the permittee,the permittee shall notify either the adjacent MS4 operator with enforcement authority or TCEQ's Field Operations Support Division. Section B. Minimum Control Measures Operators of small MS4s seeking coverage under this general permit shall develop and implement a SWMP that includes the following six minimum control measures(MCMs),as applicable. Page 30 Small MS4 General Permit TPDES General Permit TXR040000 Part III,Section B All program elements must be implemented according to the schedule mentioned in Part III.A.All six MCMs apply to all MS4s regardless of their level as described in Part ILA.5. Specific program elements under each MCM shall be implemented by all MS4 operators, unless it is specifically stated that particular program elements only are applicable for certain levels of small MS4s. Permittees shall provide justification within the SWMP for any requirements that were not implemented because they were not feasible as described in each MCM. 1. Public Education, Outreach, and Involvement (a) Public Education and Outreach (z) All permittees shall develop,implement, and maintain a comprehensive stormwater education and outreach program to educate public employees, businesses, and the general public of hazards associated with the illegal discharges and improper disposal of waste and about the impact that stormwater discharges can have on local waterways,as well as the steps that the public can take to reduce pollutants in stormwater. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary,and develop and implement new elements, as necessary,to continue reducing the discharge of pollutants from the MS4 to the MEP.New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term.The program must, at a minimum: a. Define the goals and objectives of the program based on high priority community-wide issues(for example,reduction of nitrogen in discharges from the small MS4,promoting previous techniques used in the small MS4,or improving the quality of discharges to the Edwards Aquifer); b. Identify the target audience(s); c. Develop or utilize appropriate educational materials,such as printed materials,billboard and mass transit advertisements,signage at select locations, radio advertisements,television advertisements, and websites; d. Determine cost effective and practical methods and procedures for distribution of materials. (2) Throughout the permit term, all permittees shall make the educational materials available to convey the program's message to the target audience(s) at least annually. (3) All permittees shall review and update as necessary,the SWMP and MCM implementation procedures required by Part III.A.2..Any changes must be reflected in the annual report. Such written procedures must be maintained,either on site or in the SWMP and made available for inspection by the TCEQ. (4) MS4 operators may partner with other MS4 operators to maximize the program and cost effectiveness of the required outreach. (b) Public Involvement All permittees shall involve the public, and,at minimum,comply with any state and local public notice requirements in the planning and implementation activities related Page 31 Small MS4 General Permit TPDES General Permit TY-R040000 Part III, Section B to developing and implementing the SWMP,except that correctional facilities are not required to implement this portion of the MCM. Existing permittees shall assess program elements that were described in the previous permit,modify as necessary,and develop and implement new elements,as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP.New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term.At a minimum,all permittees shall: (i) If feasible, consider using public input(for example,the opportunity for public comment,or public meetings)in the implementation of the program; (2) If feasible,create opportunities for citizens to participate in the implementation of control measures,such as stream clean-ups,storm drain stenciling,volunteer monitoring, volunteer"Adopt-A-Highway"programs,and educational activities; (3) Ensure the public can easily find information about the SWMP. 2. Illicit Discharge Detection and Elimination (IDDE) (a) Program Development (i) All permittees shall develop,implement and enforce a program to detect, investigate,and eliminate illicit discharges into the small MS4.The program must include a plan to detect and address non-stormwater discharges, including illegal dumping to the MS4 system. Existing permittees must assess program elements that were described in the previous permit,modify as necessary,and develop and implement new elements, as necessary,to continue reducing the discharge of pollutants from the MS4 to the MEP.New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term. See also Part III.A.I(c). The Illicit Discharge Detection and Elimination(IDDE)program must include the following: a. An up-to-date MS4 map(see Part III.B.2.(c)(1)); b. Methods for informing and training MS4 field staff(See Part IIL13.2.(c)(2)); c. Procedures for tracing the source of an illicit discharge(see Part III. B.2.(c)(5)); d. Procedures for removing the source of the illicit discharge(see Part III.B.2.(c)(5)); e. For Level 2,3 and 4 small MS4s,if applicable,procedures to prevent and correct any leaking on-site sewage disposal systems that discharge into the small MS4; I. For Level 4 small MS4s,procedures for identifying priority areas within the small MS4 likely to have illicit discharges,and a list of all such areas identified in the small MS4(See Part III.13.2.(g)(1)); g. For Level 4 small MS4s,field screening to detect illicit discharges(See Part III.13.2.(g)(2)). Page 32 Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B (2) For non-traditional small MS4s,if illicit connections or illicit discharges are observed related to another operator's MS4,the permittee shall notify the other MS4 operator within 48 hours of discovery.If notification to the other MS4 operator is not practicable,then the permittee shall notify the appropriate TCEQ regional office of the possible illicit connection. (3) If another MS4 operator notifies the permittee of an illegal connection or illicit discharge to the small MS4,then the permittee shall follow the requirements specified in Part III.B.2.(c)(3). (4) All permittees shall review and update as necessary,the SWMP and MCM implementation procedures required by Part IILA.2..Any changes must be reflected in the annual report.Such written procedures must be maintained,either on site or in the SWMP and made available for inspection by the TCEQ. (b) Allowable Non-Stormwater Discharges Non-stormwater flows listed in Part II.0 do not need to be considered by the permittee as an illicit discharge requiring elimination unless the permittee or the TCEQ identifies the flow as a significant source of pollutants to the small MS4. (c) Requirements for all Permittees All permittees shall include the requirements described below in Parts III.B.2(c)(i)-(6) (r) MS4 mapping All permittees shall maintain an up-to-date MS4 map,which must be located on site and available for review by the TCEQ.The MS4 map must show at a minimum the following information: a. The location of all small MS4 outfalls that are operated by the permittee and that discharge into waters of the U.S; b. The location and name of all surface waters receiving discharges from the small MS4 outfalls; c. Priority areas identified under Part IILB.2.(e)(1)if applicable. (2) Education and Training All permittees shall implement a method for informing or training all the permittee's field staff that may come into contact with or otherwise observe an illicit discharge or illicit connection to the small MS4 as part of their normal job responsibilities.Training program materials and attendance lists must be maintained on site and made available for review by the TCEQ. (3) Public Reporting of Illicit Discharges and Spills To the extent feasible,all permittees shall publicize and facilitate public reporting of illicit discharges or water quality impacts associated with discharges into or from the small MS4. The permittee shall provide a central contact point to receive reports;for example by including a phone number for complaints and spill reporting. (4) All permittees shall develop and maintain on site procedures for responding to illicit discharges and spills. Page 33 Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B (5) Source Investigation and Elimination a. Minimum Investigation Requirements—Upon becoming aware of an illicit discharge, all permittees shall conduct an investigation to identify and locate the source of such illicit discharge as soon as practicable. (i) All permittees shall prioritize the investigation of discharges based on their relative risk of pollution. For example,sanitary sewage maybe considered a high priority discharge. (ii) All permittees shall report to the TCEQ immediately upon becoming aware of the occurrence of any illicit flows believed to be an immediate threat to human health or the environment. (iii) All permittees shall track all investigations and document,at a minimum, the date(s)the illicit discharge was observed;the results of the investigation; any follow-up of the investigation;and the date the investigation was closed. b. Identification and Investigation of the Source of the Illicit Discharge—All permittees shall investigate and document the source of illicit discharges where the permittees have jurisdiction to complete such an investigation.If the source of illicit discharge extends outside the permittee's boundary,all permittees shall notify the adjacent permitted MS4 operator or TCEQ's Field Operation Support Division according to Part III.A.3.b. c. Corrective Action to Eliminate Illicit Discharge (i) If and when the source of the illicit discharge has been determined, all permittees shall immediately notify the responsible party of the problem, and shall require the responsible party to perform all necessary corrective actions to eliminate the illicit discharge. (6) Inspections—The permittee shall conduct inspections,as determined appropriate, in response to complaints, and shall conduct follow-up inspections as needed to ensure that corrective measures have been implemented by the responsible parry. (d) Additional Requirements for Level 3 and 4 small MS4s In addition to the requirements described in Parts III.B.2(c)(i)-(6)above,permittees who operate level 3 and 4 small M84s shall meet the following requirements: (1) Source Investigation and Elimination Permittees who operate level 3 and 4 small MS4 shall upon being notified that the discharge has been eliminated, conduct a follow-up investigation or field screening,consistent with Part IILB.2.(e)(2),to verify that the discharge has been eliminated.The permittee shall document its follow-up investigation.The permittee may seek recovery and remediation costs from responsible parties consistent with Part III.A.3., and require compensation related costs. Resulting enforcement actions must follow the procedures for enforcement action in Part III.A.3.If the suspected source of the illicit discharge is authorized under an NPDES/TPDES permit or the discharge is listed as an authorized non-stormwater discharge,as described in Part III.C,no further action is required. (e) Additional Requirements for Level 4 small MS4s In addition to the requirements described in Parts III.B.2(e)-(d)above,permittees who operate level 4 small MS4s shall meet the following requirements: Page 34 Small MS4 General Permit TPDES General Permit TXR040000 Part III,Section B (1) Identification of Priority Areas Permittees who operate level 4 small MS4s shall identify priority areas and shall document the basis for the selection of each priority area and shall create a list of all priority areas identified.This priority area list must be available for review by the TCEQ. (2) Dry Weather Field Screening By the end of the permit term,permittees who operate level 4 small MS48 shall develop and implement a written dry weather field screening program to assist in detecting and eliminating illicit discharges to the small MS4. Dry weather field screening must consist of(1)field observations; and(2)as needed,field screening. If dry weather field screening is necessary,at a minimum,the permittee shall: a. Conduct dry weather field screening in priority areas as identified by the permittee in Part III.B.2(e)(1). By the end of the permit term,all of those priority areas,although not necessarily all individual outfalls must be screened. b. Field observation requirements—The permittee shall develop written procedures for observing flows from outfalls when there has been at least 72 hours of dry weather.The written procedures should include the basis used to determine which outfalls would be observed.The permittee shall record visual observations such as odor,color, clarity,floatables,deposits or stains. c. Field screening requirements—The permittee shall develop written procedures to determine which dry weather flows will be screened,based on results of field observations or complaint from the public or the permittee's trained field staff. At a minimum,when visual observations indicate a potential problem such as discolored flows,foam,surface sheen,and other similar indicators of contamination, the permittee shall conduct a field screening analysis for selected indicator pollutants as determined by the permittee. Screening methodology may be modified based on experience gained during the actual field screening activities.The permittee shall document the method used. 3. Construction Site Stormwater Runoff Control (a) Requirements and Control Measures (1) All permittees shall develop,implement and enforce a program requiring operators of small and large construction activities,as defined in Part I of this general permit,to select,install,implement,and maintain stormwater control measures that prevent illicit discharges to the MEP.The program must include the development and implementation of an ordinance or other regulatory mechanism, as well as sanctions to ensure compliance to the extent allowable under state, federal, and local law,to require erosion and sediment control. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary,and develop and implement new elements, as necessary,to continue reducing the discharge of pollutants from the MS4 to the MEP.New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the the progam fully implemented by the end of this permit term. Page 35 Small MS4 General Permit TPDES General Permit TXR040000 Part III,Section B If TCEQ waives requirements for stormwater discharges associated with small construction from a specific site(s),the permittee is not required to enforce the program to reduce pollutant discharges from such site(s). (b) Requirements for all Permittees All permittees shall include the requirements described below in Parts III.B.3(b)(1)-(9) (1) All permittees shall review and update as necessary,the SWMP and MCM implementation procedures required by Part III.A.2.Any changes must be included in the annual report. Such written procedures must be maintained on site or in the SWMP and made available for inspection by the TCEQ. (2) All permittees shall require that construction site operators implement appropriate erosion and sediment control BMPs.The permittee's construction program must ensure the following minimum requirements are effectively implemented for all small and large construction activities discharging to its small MS4. a. Erosion and Sediment Controls-Design,install and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants. b. Soil Stabilization-Stabilization of disturbed areas must,at a minimum,be initiated immediately whenever any clearing,grading, excavating or other earth disturbing activities have permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days.Stabilization must be completed within a period of time determined by the permittee.In arid,semiarid,and drought- stricken areas, as determined by the permittee,where initiating vegetative stabilization measures immediately is infeasible,alternative stabilization measures must be employed as specified by the permittee. c. BMPs—Design,install,implement,and maintain effective BMPs to minimize the discharge of pollutants to the small MS4.At a minimum,such BMPs must be designed,installed,implemented and maintained to: (i) Minimize the discharge of pollutants from equipment and vehicle washing,wheel wash water, and other wash waters; (ii) Minimize the exposure of building materials,building products, construction wastes,trash,landscape materials,fertilizers,pesticides, herbicides,detergents,sanitary waste and other materials present on the site to precipitation and to stormwater; and (iii) Minimize the discharge of pollutants from spills and leaks. d. As an alternative to(a)through(c) above,all permittees shall ensure that all small and large construction activities discharging to the small MS4 have developed and implemented a stormwater pollution prevention plan (SWP3) in accordance with the TPDES CGP TXR150000.In arid, semiarid,and drought-stricken areas,as determined by the permittee,where initiating vegetative stabilization measures immediately is infeasible,alternative stabilization measures must be employed as specified by the permittee.As an alternative,vegetative stabilization measures maybe implemented as soon as practicable. Page 36 Small MS4 General Permit TPDES General Permit TXR040000 Part III,Section B (3) Prohibited Discharges -The following discharges are prohibited: a. Wastewater from washout of concrete and wastewater from water well drilling operations,unless managed by an appropriate control; b. Wastewater from washout and cleanout of stucco,paint, from release oils, and other construction materials; c. Fuels,oils,or other pollutants used in vehicle and equipment operation and maintenance; and, d. Soaps or solvents used in vehicle and equipment washing; e. Discharges from dewatering activities,including discharges from dewatering of trenches and excavations,unless managed by appropriate BMPs. (4) Construction Plan Review Procedures To the extent allowable by state,federal, and local law,all permittees shall maintain and implement site plan review procedures,that describe which plans will be reviewed as well as when an operator may begin construction. For those permittees without legal authority to enforce site plan reviews,this requirement is limited to those sites operated by the permittee and its contractors and located within the permittee's regulated area.The site plan procedures must meet the following minimum requirements: a. The site plan review procedures must incorporate consideration of potential water quality impacts. b. The permittee may not approve any plans unless the plans contain appropriate site specific construction site control measures that,at a minimum,meet the requirements described in Part III.B.3.(a)or in the TPDES CGP,TXR150000. The permittee may require and accept a plan, such as a SWP3,that has been developed pursuant to the CGP,TXR150000. (5) Construction Site Inspections and Enforcement To the extent allowable by state,federal,and local law, all permittees shall implement procedures for inspecting large and small construction projects. Permittees without legal authority to inspect construction sites shall at a minimum conduct inspections of sites operated by the permittee or its contractors and that are located in the permittee's regulated area. a. Inspections must occur at a frequency determined by the permittee,based on the evaluation of factors that are a threat to water quality, such as: soil erosion potential;site slope;project size and type;sensitivity of receiving waterbodies; proximity to receiving waterbodies; non-stormwater discharges; and past record of non-compliance by the operators of the construction site. b. Inspections must occur during the active construction phase. (i) All permittees shall develop,implement, and revise as necessary,written procedures outlining the inspection and enforcement requirements.These procedures must be maintained on site or in the SWMP and be made available to TCEQ. Page 37 Small MS4 General Permit TPDES General Permit TXR040000 Part III,Section B (ii) Inspections of construction sites must, at a minimum: i. Determine whether the site has appropriate coverage under the TPDES CGP,TXRlg0000.If no coverage exists,notify the permittee of the need for permit coverage. z. Conduct a site inspection to determine if control measures have been selected,installed, implemented,and maintained according to the small MS4's requirements. 3. Assess compliance with the permittee's ordinances and other regulations. 4. Provide a written or electronic inspection report. c. Based on site inspection findings,all permittees shall take all necessary follow- up actions(for example,follow-up-inspections or enforcement)to ensure compliance with permit requirements and the SWMP.These follow-up and enforcement actions must be tracked and maintained for review by the TCEQ. For non-traditional small MS4s with no enforcement powers,the perminee shall notify the adjacent MS4 operator with enforcement authority or the TCEQ's Field Operations Support Division according to Part III.A.3(b). (6) Information submitted by the Public All permittees shall develop,implement and maintain procedures for receipt and consideration of information submitted by the public. (7) MS4 Staff Training All permittees shall ensure that all staff whose primary job duties are related to implementing the construction stormwater program(including permitting,plan review,construction site inspections,and enforcement)are informed or trained to conduct these activities.The training may be conducted by the permittee or by outside trainers. (c) Additional Requirements for Level 3 and 4 small MS4s In addition to the requirements described in Parts III.13.3(b)(1)-(7)above,permittees who operate level 3 and 4 small MS48 shall meet the following requirements: (1) Construction Site Inventory Permittees who operate level 3 and 4 small MS4s shall maintain an inventory of all permitted active public and private construction sites,that result in a total land disturbance of one or more acres or that result in a total land disturbance of less than one acre if part of a larger common plan or development or sale. Notification to the small MS4 should be made by submittal of a copy of an NOI or a small construction site notice.The permittee shall make this inventory available to the TCEQ upon request. 4. Post-Construction Stormwater Management in New Development and Redevelopment (a) Post-Construction Stormwater Management Program (i) All permittees shall develop,implement and enforce a program,to the extent allowable under state,federal,and local law,to control stormwater discharges Page 38 Small MS4 General Permit TPDES General Permit TX-R040000 Part III,Section B from new development and redeveloped sites that discharge into the small MS4 that disturb one acre or more,including projects that disturb less than one acre that are part of a larger common plan of development or sale.The program must be established for private and public development sites. The program may utilize an offsite mitigation and payment in lieu of components to address this requirement. Existing permittees shall assess program elements that were described in the previous permit,modify as necessary,to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of the permit term. (2) All permittees shall use,to the extent allowable under state,federal,and local law and local development standards, an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects.The permittees shall establish,implement,and enforce a requirement, that owners or operators of new development and redeveloped sites design,install, implement, and maintain a combination of structural and non-structural BMPs appropriate for the community and that protects water quality. If the construction of permanent structures is not feasible due to space limitations,health and safety concerns, cost effectiveness,or highway construction codes,the permittee may propose an alternative approach to TCEQ. Newly regulated permittees shall have the program element fully implemented by the end of the permit term. (b) Requirements for all Permittees All permittees shall include the requirements described below in Parts III.B.4.(b)(i)-(3) (t) All permittees shall review and update as necessary,the SWMP and MCM implementation procedures required by Part III.A.2..Any changes must be included in the annual report.Such written procedures must be maintained either on site or in the SWMP and made available for inspection by TCEQ. (2) All permittees shall document and maintain records of enforcement actions and make them available for review by the TCEQ. (3) Long-Term Maintenance of Post-Construction Stormwater Control Measures All perinittees shall,to the extent allowable under state,federal,and local law, ensure the long-term operation and maintenance of structural stormwater control measures installed through one or both of the following approaches: a. Maintenance performed by the permittee. See Part III.B-5 b. Maintenance performed by the owner or operator of a new development or redeveloped site under a maintenance plan.The maintenance plan must be filed in the real property records of the county in which the property is located. The permittee shall require the owner or operator of any new development or redeveloped site to develop and implement a maintenance plan addressing maintenance requirements for any structural control measures installed on site.The permittee shall require operation and maintenance performed is documented and retained on site,such as at the offices of the owner or operator, and made available for review by the small MS4. Page 39 Small MS4 General Permit TPDES General Permit TXR040000 Part III,Section B (c) Additional Requirements for Level 4 small MS4s In addition to the requirements described in Parts I1I.13.5(b)(043)above,permittees who operate level 4 small MS4s shall meet the following requirements: (i) Inspections-Permittees who operate level 4 small MS4s shall develop and implement an inspection program to ensure that all post construction stormwater control measures are operating correctly and are being maintained as required consistent with its applicable maintenance plan. For small MS4s with limited enforcement authority,this requirement applies to the structural controls owned and operated by the small MS4 or its contractors that perform these activities within the small MS4's regulated area. a. Inspection Reports -The permittee shall document its inspection findings in an inspection report and make them available for review by the TCEQ. 5. Pollution Prevention and Good Housekeeping for Municipal Operations (a) Program development (i) All permittees shall develop and implement an operation and maintenance program,including an employee training component that has the ultimate goal of preventing or reducing pollutant runoff from municipal activities and municipally owned areas including but not limited to park and open space maintenance; street, road,or highway maintenance;fleet and building maintenance; stormwater system maintenance; new construction and land disturbances;municipal parking lots; vehicle and equipment maintenance and storage yards;waste transfer stations; and salt/sand storage locations. Existing permittees shall assess program elements that were described in the previous permit,modify as necessary,and develop and implement new elements, as necessary,to continue reducing the discharges of pollutants from the MS4 to the MEP.New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term. See also Part III.A.1.(c)) (b) Requirements for all Permittees All permitees shall include the requirements described below in Parts IILB.5.(1)-(6)in the program: (1) Permittee-owned Facilities and Control Inventory All permittees shall develop and maintain an inventory of facilities and stormwater controls that it owns and operates within the regulated area of the small MS4.If feasible,the inventory may include all applicable permit numbers,registration numbers,and authorizations for each facility or controls.The inventory must be available for review by TCEQ and must include,but is not limited,to the following, as applicable: a. Composting facilities; b. Equipment storage and maintenance facilities; c. Fuel storage facilities; d. Hazardous waste disposal facilities; e. Hazardous waste handling and transfer facilities; Page 40 Small MS4 General Permit TPDES General Permit TXR040000 Part III,Section B f. Incinerators; g. Landfills; h. Materials storage yards; i. Pesticide storage facilities; j. Buildings,including schools,libraries,police stations,fire stations, and office buildings; k. Parking lots; 1. Golf courses; m. Swimming pools; n. Public works yards; o. Recycling facilities; p. Salt storage facilities; q. Solid waste handling and transfer facilities; r. Street repair and maintenance sites; s. Vehicle storage and maintenance yards; and t. Structural stormwater controls. (2) Training and Education All permittees shall inform or train appropriate employees involved in implementing pollution prevention and good housekeeping practices.All permittees shall maintain a training attendance list for inspection by TCEQ when requested. (3) Disposal of Waste Material-Waste materials removed from the small MS4 must be disposed of in accordance with 3o TAC Chapters 330 or 335,as applicable. (4) Contractor Requirements and Oversight a. Any contractors hired by the permittee to perform maintenance activities on permittee-owned facilities must be contractually required to comply with all of the stormwater control measures, good housekeeping practices,and facility- specific stormwater management operating procedures described in Parts III B.5.(2)-(6)• b. All permittees shall provide oversight of contractor activities to ensure that contractors are using appropriate control measures and SOPS. Oversight procedures must be developed before the end of the permit term and maintained on site and made available for inspection by TCEQ. (5) Municipal Operation and Maintenance Activities a. Assessment of permittee-owned operations All permittees shall evaluate operation and maintenance(O&M) activities for their potential to discharge pollutants in stormwater,including but not limited to: (i) Road and parking lot maintenance may include such areas as pothole repair,pavement marking, sealing, and re-paving; Page 41 Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B (ii) Bridge maintenance may include such areas as re-chipping,grinding, and saw cutting; (iii) Cold weather operations,including plowing,sanding, and application of deicing and anti-icing compounds and maintenance of snow disposal areas; and (iv) Right-of-way maintenance,including mowing,herbicide and pesticide application,and planting vegetation. b. All permittees shall identify pollutants of concern that could be discharged from the above O&M activities(for example,metals;chlorides;hydrocarbons such as benzene,toluene,ethyl benzene,and xylenes; sediment; and trash). c. All permittees shall develop and implement a set of pollution prevention measures that will reduce the discharge of pollutants in stormwater from the above activities.These pollution prevention measures may include the following examples: (i) Replacing materials and chemicals with more environmentally benign materials or methods; (ii) Changing operations to minimize the exposure or mobilization of pollutants to prevent them from entering surface waters; and (iii) Placing barriers around or conducting runoff away from deicing chemical storage areas to prevent discharge into surface waters. d. Inspection of pollution prevention measures -All pollution prevention measures implemented at permittee-owned facilities must be visually inspected at a frequency determined by the permittee to ensure they are working properly.A log of inspections must be maintained and made available for review by the TCEQ upon request. (6) Structural Control Maintenance If BMPs include structural controls,maintenance of the controls must be performed at a frequency determined by the permittee and consistent with maintaining the effectiveness of the BMP. (c) Additional Requirements for Level 3 and 4 small MS4s: In addition to the requirements described in Parts.B.5.(b)(i)-(6) above,permittees who operate level 3 or 4 small MS4s shall meet the following requirements: (r) Storm Sewer System Operation and Maintenance a. Permittees who operate level 3 or 4 small MS4s shall develop and implement an O&M program to reduce to the maximum extent practicable the collection of pollutants in catch basins and other surface drainage structures. b. Permittees who operate level 3 or 4 small MS4s shall develop a list of potential problem areas.The permittees shall identify and prioritize problem areas for increased inspection(for example, areas with recurrent illegal dumping). (2) Operation and Maintenance Program to Reduce Discharges of Pollutants from Roads Permittees who operate level 3 or 4 small MS4s shall implement an O&M program that includes, if feasible and practicable,a street sweeping and cleaning program, Page 42 Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B or an equivalent BMP such as an inlet protection program,which must include an implementation schedule and a waste disposal procedure.The basis for the decision must be included in the SWMP.If a street sweeping and cleaning program is implemented,the permittee shall evaluate the following permittee-owned and operated areas for the program: streets,road segments, and public parking lots including,but not limited to,high traffic zones,commercial and industrial districts,sport and event venues,and plazas, as well as areas that consistently accumulate high volumes of trash,debris, and other stormwater pollutants. a. Implementation schedules—If a sweeping program is implemented,the permittee shall sweep the areas in the program(for example,the streets, roads,and public parking lots)in accordance with a frequency and schedule determined in the permittee's O&M program. b. For areas where street sweeping is technically infeasible(for example,streets without curbs),the permittee shall focus implementation of other trash and litter control procedures,or provide inlet protection measures to minimize pollutant discharges to storm drains and creeks. c. Sweeper Waste Material Disposal—If utilizing street sweepers,the permittee shall develop a procedure to dewater and dispose of street sweeper waste material and shall ensure that water and material will not reenter the small MS4. (3) Mapping of Facilities Permittees who operate level 3 or 4 small MS4s shall, on a map of the area regulated under this general permit,identify where the permittee-owned and operated facilities and stormwater controls are located. (4) Facility Assessment Permittees who operate level 3 or 4 small MS4s shall perform the following facility assessment in the regulated portion of the small MS4 operated by the permittee: a. Assessment of Facilities'Pollutant Discharge Potential-The permittee shall review the facilities identified in Part III.B.5.(b)once per permit term for their potential to discharge pollutants into stormwater. b. Identification of high priority facilities-Based on the Part III.B.5.(c)(4)a. assessment,the permittee shall identify as high priority those facilities that have a high potential to generate stormwater pollutants and shall document this in a list of these facilities.Among the factors that must be considered in giving a facility a high priority ranking are the amount of urban pollutants stored at the site,the identification of improperly stored materials,activities that must not be performed outside(for example,changing automotive fluids, vehicle washing),proximity to waterbodies, proximity to sensitive aquifer recharge features,poor housekeeping practices,and discharge of pollutant(s) of concern to impaired water(s). High priority facilities must include,at a minimum,the permittee's maintenance yards,hazardous waste facilities,fuel storage locations,and any other facilities at which chemicals or other materials have a high potential to be discharged in stormwater. c. Documentation of Assessment Results-The permittee shall document the results of the assessments and maintain copies of all site evaluation checklists used to conduct the assessments.The documentation must include the results Page 43 Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B of the permittee's initial assessment, and any identified deficiencies and corrective actions taken. (5) Development of Facility Specific SOPS Permittees who operate level 3 or 4 small MS4s shall develop facility specific stormwater management SOPS.The permittee may utilize existing plans or documents that may contain the following required information: a. For each high priority facility identified in Part III.B.5.(c)(4)b,the permittee shall develop a SOP that identifies BMPs to be installed,implemented,and maintained to minimize the discharge of pollutants in stormwater from each facility. b. A hard or electronic copy of the facility-specific stormwater management SOP (or equivalent existing plan or document)must be maintained and be available for review by the TCEQ.The SOP must be kept on site when possible and must be updated as necessary. (6) Stormwater Controls for High Priority Facilities Permittees who operate level 3 or 4 small MS4s shall implement the following stormwater controls at all high priority facilities identified in Part III.13.5.(c)(4)b.A description of BMPs developed to comply with this requirement must be included in each facility specific SOP: a. General good housekeeping—Material with a potential to contribute to stormwater pollution should be sheltered from exposure to stormwater when feasible. b. De-icing and anti-icing material storage-The permittee shall ensure,to the MEP,that stormwater runoff from storage piles of salt and other de-icing and anti-icing materials is not discharged; or shall ensure that any discharges from the piles are authorized under a separate discharge permit. c. Fueling operations and vehicle maintenance-The permittee shall develop SOPS (or equivalent existing plans or documents)which address spill prevention and spill control at permittee-owned and operated vehicle fueling, vehicle maintenance, and bulk fuel delivery facilities. d. Equipment and vehicle washing-The permittee shall develop SOPS that address equipment and vehicle washing activities at permittee-owned and operated facilities.The discharge of equipment and vehicle wash water to the small MS4 or directly to receiving waters from permittee-owned facilities is not authorized under this general permit.To ensure that wastewater is not discharged under this general permit,the permittee's SOP may include installing a vehicle wash reclaim system,capturing and hauling the wastewater for proper disposal,connecting to sanitary sewer(where applicable and approved by local authorities), ceasing the washing activity, or applying for and obtaining a separate TPDES permit. (7) Inspections Permittees who operate level 3 or 4 small Ms4s shall develop and implement an inspection program,which at a minimum must include periodic inspections of high priority permittee-owned facilities.The results of the inspections and observations must be documented and available for review by the TCEQ. Page 44 Small MS4 General Permit TPDES General Permit TXR040000 Part III,Section B (d) Additional Requirements for Level 4 small MS4s: In addition to all the requirements described in Parts III.B.5(b) and III.B.5.(c)above, permittees who operate level 4 small MS4s shall meet the following requirements: (1) Pesticide,Herbicide,and Fertilizer Application and Management a. Landscape maintenance-The permittee shall evaluate the materials used and activities performed on public spaces owned and operated by the permittee such as parks,schools, golf courses,easements,public rights of way,and other open spaces for pollution prevention opportunities.Maintenance activities for the turf landscaped portions of these areas may include mowing,fertilization, pesticide application,and irrigation.Typical pollutants include sediment, nutrients,hydrocarbons,pesticides,herbicides, and organic debris. b. The permittee shall implement the following practices to minimize landscaping-related pollutant generation with regard to public spaces owned and operated by the permittee: (i) Educational activities,permits,certifications, and other measures for the permittee's applicators and distributors. (ii) Pest management measures that encourage non-chemical solutions where feasible. Examples may include: (a) Use of native plants or xeriscaping; (b) Keeping clippings and leaves out the small MS4 and the street by encouraging mulching,composting,or landfilling; (c) Limiting application of pesticides and fertilizers if precipitation is forecasted within 24 hours,or as specified in label instructions; (d) Reducing mowing of grass to allow for greater pollutant removal,but not jeopardizing motorist safety. c. The permittee shall develop schedules for chemical application in public spaces owned and operated by the permittee that minimize the discharge of pollutants from the application due to irrigation and expected precipitation. d. The permittee shall ensure collection and proper disposal of the permittee's unused pesticides,herbicides,and fertilizers. 6. Industrial Stormwater Sources (a) Permittees operating a level 4 small MS4 shall include the requirements described below in Part III. B.6.(i)—this requirement is only applicable to level 4 MS4s (1) Permittees who operate level 4 small MS4s shall identify and control pollutants in stormwater discharges to the small MS4 from permittee's landfills; other treatment,storage,or disposal facilities for municipal waste(for example,transfer stations and incinerators); hazardous waste treatment, storage,disposal and recovery facilities and facilities that are subject to Emergency Planning and Community Right-to-Know Act(EPCRA)Title III, Section 313;and any other industrial or commercial discharge the permittee determines are contributing a substantial pollutant loading to the small MS4. The program must include priorities and procedures for inspections and for implementing control measures for such discharges. Page 45 Small MS4 General Permit TPDES Draft GP TXR040000 Part IIl,Section B 7. Authorization for Construction Activities where the Small MS4 is the Site Operator The development of this MCM for construction activities,where the small MS4 is the site operator,is optional and provides an alternative to the MS4 operator seeking coverage under TPDES CGP,TXRL50000 for each construction activity. Permittees that choose to develop this measure will be authorized to discharge stormwater and certain non- stormwater from construction activities where the MS4 operator meets the definition of a construction site operator in Part I of this general permit.When developing this measure, permittees are required to meet all requirements of, and be consistent with,applicable effluent limitation guidelines for the Construction and Development industry(40 CFR Part 450),TPDES CGP TXR150000,and Part I1I.13.3 of this permit.The authorization to discharge under this MCM is limited to the regulated area,such as the portion of the small MS4 located within a UA or the area designated by TCEQ as requiring coverage. However, an MS4 operator may also utilize this MCM over additional portions of their small MS4 that are also in compliance with all of the MCMs listed in this general permit. This MCM must be developed as a part of the SWMP that is submitted with the NOI for permit coverage. If this MCM is developed after submitting the initial N01, a NOC must be submitted notifying the executive director of this change, and identifying the geographical area or boundary where the activities will be conducted under the provisions of this general permit. Utilization of this MCM does not preclude a small MS4 from obtaining coverage under the TPDES CGP,TXR150000,or under an individual TPDES permit. This MCM is only available for projects where the small MS4 is a construction site operator or owner, and the MCM does not provide any authorization for other construction site operators at a municipal project. Controls required under this MCM must be implemented prior to discharge from a municipal construction site into surface water in the state. (a) The MCM must include: (r) A description of how construction activities will generally be conducted by the permittee so as to take into consideration local conditions of weather,soils,and other site specific considerations; (2) A description of the area that this MCM will address and where the permittee's construction activities are covered(for example within the boundary of the urbanized area,the corporate boundary,a special district boundary,an extra territorial jurisdiction, or other similar jurisdictional boundary); (3) Either a description of how the permittee will supervise or maintain oversight over contractor activities to ensure that the SWP3 requirements are properly implemented at the construction site; or how the permittee will make certain that contractors have a separate authorization for stormwater discharges; (4) A general description of how a SWP3 will be developed for each construction site, according to Part VI of this general permit, "Authorization for Municipal Construction Activities'; and (5) Records of municipal construction activities authorized under this optimal MCM, in accordance with Part VI of this general permit. Page 46 Small MS4 General Permit TPDES General Permit TY-R040000 Part IV, Section A&B Section C. General Requirements Permittees shall provide information in the SWMP documenting the development and implementation of the program.At a minimum,the documentation must include: 1. A list of any public or private entities assisting with the development or implementation of the SWMP; 2. If applicable, a list of all MS4 operators contributing to the development and implementation of the SWMP,including a clear description of the contribution; 3. A list of all BMPs and measurable goals for each of the MCMs; 4. A schedule for the implementation of all SWMP requirements.The schedule must include, as appropriate,the months and years in which the permittee will undertake required actions,including interim milestones and the frequency of the action throughout the permit term. 5. A description of how each measurable goal will be evaluated; and 6. A rationale statement that addresses the overall program,including how the BMPs and measurable goals were selected. Part IV. Recordkeeping and Reporting Section A. Recordkeeping 1. The permittee shall retain all records, a copy of this TPDES general permit, and records of all data used to complete the application(NOI)for this general permit and satisfy the public participation requirements,for a period of at least three(3)years,or for the remainder of the term of this general permit,whichever is longer. This period may be extended by request of the executive director at any time. 2. The permittee shall submit the records to the executive director only when specifically asked to do so. The SWMP required by this general permit(including a copy of the general permit)must be retained at a location accessible to the TCEQ. 3. The permittee shall make the NOI and the SWMP available to the public at reasonable times during regular business hours, if requested to do so in writing. Copies of the SWMP must be made available within ten(1o)working days of receipt of a written request. Other records must be provided in accordance with the Texas Public Information Act. However,all requests for records from federal facilities must be made in accordance with the Freedom of Information Act. 4. The period during which records are required to be kept shall be automatically extended to the date of the final disposition of any administrative or judicial enforcement action that may be instituted against the permittee. Section B. Reporting i. General Reporting Requirements (a) Noncompliance Notification According to 3o TAC§ 305.125(9),any noncompliance which may endanger human health or safety,or the environment,must be reported by the permittee to the TCEQ. Report of such information must be provided orally or by electronic facsimile Page 47 Small MS4 General Permit TPDES General Permit TXR040000 Part IV,Section B transmission(FAX)to the TCEQ regional office within 24 hours of becoming aware of the noncompliance. A written report must be provided by the permittee to the appropriate TCEQ regional office and to the TCEQ Enforcement Division(MC-224) within five working days of becoming aware of the noncompliance. The written report must contain: (1) A description of the noncompliance and its cause; (2) The potential danger to human health or safety,or the environment; (3) The period of noncompliance,including exact dates and times; (4) If the noncompliance has not been corrected,the anticipated time it is expected to continue; and (5) Steps taken or planned to reduce,eliminate,and prevent recurrence of the noncompliance,and to mitigate its adverse effects. (b) Other Information When the permittee becomes aware that it either submitted incorrect information or failed to submit complete and accurate information requested in an NOI,NOT,or NOC, or any other report,the permittee shall promptly submit the facts or information to the executive director. 2. Annual Report The MS4 operator shall submit a concise annual report to the executive director within go days of the end of each reporting year. For the purpose of this section,the reporting year may include either the permit year,the permittee's fiscal year or the calendar year,as elected by the small MS4 and notified to the TCEQ in the application submittal.The annual report must address the previous reporting year. The first reporting year for annual reporting purposes shall begin on the permit effective date,and shall last for a period of one(1)year(the end of the"permit year").Alternatively,if the permittee elects to report based on its fiscal year,the first reporting year will last until the end of the fiscal year following the end of the first permit year.If the permittee elects to report based on the calendar year,then the first reporting year will last until December 31, 2014. Subsequent calendar years will begin at the beginning of the first reporting year(which will vary based on the previous paragraph)and last for one(1)year. The MS4 operator shall also make a copy of the annual report readily available for review by TCEQ personnel upon request. The report must include: (a) The status of the compliance with permit conditions,an assessment of the appropriateness of the identified BMPs,progress towards achieving the statutory goal of reducing the discharge of pollutants to the MEP,the measurable goals for each of the MCMs, and an evaluation of the success of the implementation of the measurable goals; (b) A summary of the results of information collected and analyzed,during the reporting period,including monitoring data used to assess the success of the program at reducing the discharge of pollutants to the MEP; (c) If applicable, a summary of any activities taken to address the discharge to impaired waterbodies,including any sampling results and a summary of the small MS4s BMPs used to address the pollutant of concern; Page 48 Small MS4 General Permit TPDES General Permit TXR040000 Part V (d) A summary of the stormwater activities the MS4 operator plans to undertake during the next reporting year; (e) Proposed changes to the SWMP,including changes to any BMPs or any identified measurable goals that apply to the program elements; (f) Description and schedule for implementation of additional BMP's that may be necessary,based on monitoring results,to ensure compliance with applicable TMDLs and implementations plans; (g) Notice that the MS4 operator is relying on another government entity to satisfy some of its permit obligations(if applicable); (h) The number of construction activities where the small MS4 is the operator and authorized under the 7th optional MCM,including the total number of acres disturbed; and (i) The number of construction activities that occurred within the jurisdictional area of the small MS4(as noticed to the permittee by the construction operator),and that were not authorized under the 7r'MCM. An annual report must be prepared whether or not the NOI and SWMP have been approved by the TCEQ. If the permittee has either not implemented the SWMP or not begun to implement the SWMP because it has not received approval of the NOI and SWMP,then the annual report may include that information. If permittees share a common SWMP,they shall contribute to and submit a single system- wide report. Each permittee shall sign and certify the annual report in accordance with 30 TAC§ 305.128(relating to Signatories to Reports). The annual report must be submitted with the appropriate TCEQ reporting forms if available,or as otherwise approved by TCEQ. The annual report must be submitted to the following address: Texas Commission on Environmental Quality Stormwater&Pretreatment Team;MC-148 P.O. Box 13087 Austin,Texas 78711-3087 A copy of the annual report must also be submitted to the TCEQ Regional Office that serves the area of the regulated small MS4. If available, electronic submission of annual reports is encouraged. The Federal Waste Reduction Act and the Government Paperwork Elimination Act encourages governmental agencies to use electronic submission. See the TCEQ website at,www.tceq.texas.gov for additional information and instructions. Part V. Standard Permit Conditions A. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit condition is a violation of the general permit and statutes under which it was issued, and is grounds for enforcement action,for terminating coverage under this general permit, or for requiring a discharger to apply for and obtain an individual TPDES permit. Page 49 Small MS4 General Permit TPDES General Permit TXR040000 Part V B. It shall not be a defense for the permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. C. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. D. Authorization under this general permit may be suspended or revoked for cause. Filing a notice of planned changes or anticipated non-compliance by the permittee does not stay any permit condition. The permittee shall furnish to the executive director,upon request and within a reasonable timeframe, any information necessary for the executive director to determine whether cause exists for modifying,revoking,suspending, reissuing or terminating authorization under this general permit. Additionally,the permittee shall provide to the executive director,upon request, copies of all records that the permittee shall maintain as a condition of this general permit. E. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control(and related appurtenances)which are installed or used to achieve compliance with the conditions of this permit and with the condition of the permittee's SWMP. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. Proper operation and maintenance requires the operation of backup or auxiliary facilities or similar systems,installed only when the operation is necessary to achieve compliance with the conditions of this permit. F. Inspection and entry shall be allowed under the TWC Chapters 26-28,Health and Safety Code§§361.032-361.033 and 361.037,and 40 CFR§122.41(i). The statement in TWC§ 26.014 that commission entry of a facility shall occur according to an establishment's rules and regulations concerning safety,internal security,and fire protection is not grounds for denial or restriction of entry to any part of the facility or site,but merely describes the commission's duty to observe appropriate rules and regulations during an inspection. G. The discharger is subject to administrative, civil,and criminal penalties,as applicable, under the TWC, Chapters 26, 27,and 28, and the Texas Health and Safety Code, Chapter 361 for violations including but not limited to the following: 1. Negligently or knowingly violating CWA, M 301, 302, 303,3o6, 307,308,318, or 405,or any condition or limitation implementing any sections in a permit issued under CWA, §402; and 2. Knowingly malting any false statement,representation,or certification in any record or other document submitted or required to be maintained under a permit, including monitoring reports or reports of compliance or noncompliance. H. All reports and other information requested by or submitted to the executive director must be signed by the person and in the manner required by 3o TAC§305.128 (relating to Signatories to Reports). I. Authorization under this general permit does not convey property or water rights of any sort and does not grant any exclusive privilege. Page 50 Small MS4 General Permit TPDES General Permit TXR040000 Part VI,Section A&B J. The permittee shall implement its SWMP on any new areas under its jurisdiction that are located in a UA or that are designated by the TCEQ. Implementation of the SWMP in these areas is required the greater of three(3)years from acquiring the new area,or five(5)years from the date of initial permit coverage. Part Vt. Authorization for Municipal Construction Activities—Applicable only if the 7th Optional MCM is selected The MS4 operator may obtain authorization under TPDES CGP,TXR150000 to discharge stormwater runoff from each construction activity performed by the MS4 operator that results in a land disturbance of one(i) acre or more of land or less than one(r)acre of land,if the construction activity is part of a larger common plan of development or sale that would disturb one acre or more. Alternatively,the MS4 operator may develop the SWMP to include the optional seventh(7111)stormwater MCM listed in Part III.B.7 of this general permit if the eligibility requirements in Part VLA.below are met. If an MS4 operator decides to utilize this MCM,then the MS4 operator must include this MCM in its SWMP submitted with the NOI or submit an NOC notifying the executive director of the addition of this MCM to its SWMP. The MS4 operator must identify the geographic area or boundary where the construction activities will be conducted under the provisions of this general permit. If the permittee meets the terms and requirements of this general permit,then discharges from these construction activities may be authorized under this general permit as long as they occur within the regulated geographic area of the small MS4. An MS4 operator may utilize this MCM over additional portions of their small MS4 if those areas are also in compliance with all MCMs listed in this general permit. Even if an MS4 operator has developed this optional seventh stormwater MCM,the MS4 operator may apply under TPDES CGP TXR150000 for authorization for particular municipal construction activities including those activities that occur during periods of low potential for erosion(for which no SWP3 must be developed). Section A. Eligible Construction Sites Discharges from construction activities within the regulated area where the MS4 operator meets the definition of construction site operator are eligible for authorization under this general permit. Discharges from construction activities outside of the regulated area,where the MS4 operator meets the definition of construction site operator,are only eligible for authorization under this general permit in those areas where the MS4 operator meets the requirements of Parts III.B.1.through III.B.6 of this general permit,related to MCMs. Section B. Discharges Eligible for Authorization 1. Stormwater Associated with Construction Activity Discharges of stormwater runoff from small and large construction activities may be authorized under this general permit. 2. Discharges of Stormwater Associated with Construction Support Activities Discharges of stormwater runoff from construction support activities,including concrete batch plants, asphalt batch plants,equipment staging areas,material storage yards, material borrow areas,and excavated material disposal areas maybe authorized under this general permit provided: Page 51 Small MS4 General Permit TPDES General Permit TXR040000 Part Vi,Section B (a) The activity is located within a one-mile distance from the boundary of the permitted construction site and directly supports the construction activity; (b) A SWP3 is developed according to the provisions of this general permit and includes appropriate controls and measures to control sediment and erosion and discharge of pollutants in stormwater runoff from the supporting construction activity site; (c) The construction support activity either does not operate beyond the completion date of the construction activity or obtains separate TPDES authorization for discharges as required;and (d) Discharge of stormwater from concrete production facilities must meet the requirements in Section E below 3. Non-Stormwater Discharges The following non-stormwater discharges from construction sites authorized under this general permit are also eligible for authorization under this MCM: (a) Discharges from emergency fire fighting activities(fire fighting activities do not include washing of trucks,run-off water from training activities,test water from fire suppression systems, and similar activities); (b) Uncontaminated fire hydrant flushings(excluding discharges of hyperchlorinated water,unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life),which include flushings from systems that utilize potable water,surface water,or groundwater that does not contain additional pollutants (uncontaminated fire hydrant flushings do not include systems utilizing reclaimed wastewater as a source water); (c) Water from the routine external washing of vehicles,the external portion of buildings or structures,and pavement,where detergents and soaps are not used and where spills or leaks of toxic or hazardous materials have not occurred(unless spilled materials have been removed; and if local state,or federal regulations are applicable,the materials are removed according to those regulations),and where the purpose is to remove mud,dirt,or dust; (d) Uncontaminated water used to control dust; (e) Potable water sources including waterline flushings (excluding discharges of hyperchlorinated water,unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life); (f) Uncontaminated air conditioning condensate; and (g) Uncontaminated ground water or spring water,including foundation or footing drains where flows are not contaminated with industrial materials such as solvents. 4. Other Permitted Discharges Any discharge authorized under a separate TPDES or TCEQ permit may be combined with discharges from construction sites operated by the small MS4,provided the discharge complies with the associated permit. Page 52 Small MS4 General Permit TPDES General Permit TXR040000 Part VI,Section C,D&E Section C. Limitations on Permit Coverage Discharges that occur after construction activities have been completed,and after the construction site and any supporting activity site have undergone final stabilization,are not eligible for coverage under Part VI of the general permit. Section D. Stormwater Pollution Prevention Plan(SWP3) Requirements Operators of municipal construction activities that qualify for coverage under this general permit and that discharge stormwater associated with construction activities into surface water in the state must: L Develop a SWP3 according to the provisions of this general permit that covers the entire site and begin implementation of that plan prior to commencing construction activities; 2. Post a signed copy of a TCEQ approved site notice in a location at the construction site where it is readily available for viewing prior to commencing construction activities and maintain the notice in that location until completion of the construction activity and final stabilization of the site; 3. Ensure the project specifications allow or provide that adequate BMPs may be developed and modified as necessary to meet the requirements of this general permit and the SWP3; 4. Ensure all contractors are aware of the SWP3 requirements, are aware that municipal personnel are responsible for the day-to-day operations of the SWP3, and who to contact concerning SWP3 requirements; and 5. Ensure that the S4VP3 identifies the municipal personnel responsible for implementation of control measures described in the plan. Section E. Stormwater Runoff from Concrete Batch Plants Discharges of stormwater runoff from concrete batch plants at regulated construction sites may be authorized under the provisions of this general permit provided that the following requirements are met for concrete batch plant(s) authorized under this permit. If discharges of stormwater runoff from concrete batch plants are not covered under this general permit, then discharges must be authorized under an alternative general permit or an individual permit.This permit does not authorize the discharge or land disposal of any wastewater from concrete batch plants at regulated construction sites.Authorization for these wastes must be obtained under an individual permit or an alternative general permit. 1. Benchmark Sampling Requirements (a) Operators of concrete batch plants authorized under this section must sample the stormwater runoff from the concrete batch plants according to the requirements of this section of the general permit, and must conduct evaluations of the effectiveness of the SWP3 based on the following benchmark monitoring values: Table 1. Benchmark Monitoring Benchmark Benchmark Value Sampling Sample Type Parameters Frequency Oil and Grease 15 mg/L 1/quarter("t)('2) Grab(*3) Page 53 Small MS4 General Permit TPDES General Permit TXR040000 Part VI,Section E Benchmark Benchmark Value Sampling Sample Type Parameters Frequency Total Suspended Solids loo mg/L 1/quarter(*1)(*2) Grab(*3) pH 6.0-9.o S.U. I/quarter(*1)(*2) Grab(*3) Total Iron 1.3 mg/L 1/quarter(*I)(*2) Grab(*3) (*I) When discharge occurs. Sampling is required within the first 30 minutes of discharge.If it is not practicable to take the sample,or to complete the sampling,within the first 30 minutes,sampling must be completed within the first hour of discharge. If sampling is not completed within the first 30 minutes of discharge,the reason must be documented and attached to all required reports and records of the sampling activity. (*2) Sampling must be conducted at least once during each of the following periods.The first sample must be collected during the first full quarter that a stormwater discharge occurs from a concrete batch plant authorized under this general permit. January through March April through June July through September October through December For projects lasting less than one fall quarter,a minimum of one sample shall be collected,provided that a stormwater discharge occurred at least once following submission of the NOI. (*3) A grab sample shall be collected from the stormwater discharge resulting from a storm event that is at least o.1 inches of measured precipitation that occurs at least 72 hours from the previously measurable storm event.The sample shall be collected downstream of the concrete batch plant, and where the discharge exits any BMPs utilized to handle the runoff from the batch plant,prior to commingling with any other water authorized under this general permit. (b) The permittee shall compare the results of sample analyses to the benchmark values above, and must include this comparison in the overall assessment of the SWP3's effectiveness.Analytical results that exceed a benchmark value are not a violation of this permit,as these values are not numeric effluent limitations.Results of analyses are indicators that modifications of the SWP3 should be assessed and may be necessary to protect water quality.The operator must investigate the cause for each exceedance and must document the results of this investigation in the SWP3 by the end of the quarter following the sampling event. The operator's investigation must identify the following: (I) Any additional potential sources of pollution,such as spills that might have occurred; (2) Necessary revisions to good housekeeping measures that are part of the SWP3; (3) Additional BMPs,including a schedule to install or implement the BMPs; and Page 54 Small MS4 General Permit TPDES General Permit TXR040000 Part VI,Section E (4) Other parts of the SWP3 that may require revisions in order to meet the goal of the benchmark values. Background concentrations of specific pollutants may also be considered during the investigation.If the operator is able to relate the cause of the exceedance to background concentrations,then subsequent exceedances of benchmark values for that pollutant may be resolved by referencing earlier findings in the SWP3. Background concentrations may be identified by laboratory analyses of samples of stormwater run- on to the permitted facility,by laboratory analyses of samples of stormwater run-off from adjacent non-industrial areas, or by identifying the pollutant is a naturally occurring material in soils at the site. 2. BMPs and SWP3 Requirements Minimum Stormwater Pollution Prevention Plan(SWP3)Requirements-The following are required in addition to other SWP3 requirements listed in this section: (a) Description of Potential Pollutant Sources-The SWP3 must provide a description of potential sources(activities and materials)that may reasonably be expected to affect the quality of stormwater discharges associated with concrete batch plants authorized under this permit.The SWP3 must describe practices that that will be used to reduce the pollutants in these discharges to assure compliance with this general permit, including the protection of water quality,and must ensure the implementation of these practices.The following must be developed,at a minimum,in support of developing this description: (i) Drainage—The site map must include the following information: a. The location of all outfalls for stormwater discharges associated with concrete batch plants that are authorized under this permit; b. A depiction of the drainage area and the direction of flow to the outfall(s); c. Structural controls used within the drainage area(s); d. The locations of the following areas associated with concrete batch plants that are exposed to precipitation:vehicle and equipment maintenance activities (including fueling,repair,and storage areas for vehicles and equipment scheduled for maintenance); areas used for the treatment, storage,or disposal of wastes listed in the TPDES Construction General Permit TXR150000; liquid storage tanks;material processing and storage areas; and loading and unloading areas; and e. The locations of the following: any bag house or other dust control device(s); recycle or sedimentation pond,clarifier or other device used for the treatment of facility wastewater(including the areas that drain to the treatment device); areas with significant materials; and areas where major spills or leaks have occurred. (z) Inventory of Exposed Materials—A list of materials handled at the concrete batch plant that may be exposed to stormwater and that have a potential to affect the quality of stormwater discharges associated with concrete batch plants that are authorized under this general permit. (3) Spills and Leaks-A list of significant spills and leaks of toxic or hazardous pollutants that occurred in areas exposed to stormwater and that drain to Page 55 Small MS4 General Permit TPDES General Permit TXR040000 Part VI,Section E stormwater outfalls associated with concrete batch plants authorized under this general permit must be developed,maintained,and updated. (4) Sampling Data-A summary of existing stormwater discharge sampling data must be maintained,if available. (b) Measures and Controls-The SWP3 must include a description of management controls to regulate pollutants identified in the SWP3's"Description of Potential Pollutant Sources"from Part VI.E.2.(a)of this permit,and a schedule for implementation of the measures and controls.This must include,at a minimum: (1) Good Housekeeping-Good housekeeping measures must be developed and implemented in the area(s) associated with concrete batch plants. a. Operators must prevent or minimize the discharge of spilled cement, aggregate(including sand or gravel),settled dust,or other significant materials from paved portions of the site that are exposed to stormwater. Measures used to minimize the presence of these materials may include regular sweeping or other equivalent practices.These practices must be conducted at a frequency that is determined based on consideration of the amount of industrial activity occurring in the area and frequency of precipitation,and shall occur at least once per week when cement or aggregate is being handled or otherwise processed in the area. b. Operators must prevent the exposure of fine granular solids,such as cement, to stormwater.Where practicable,these materials must be stored in enclosed silos,hoppers or buildings,in covered areas,or under covering. (2) Spill Prevention and Response Procedures -Areas where potential spills that can contribute pollutants to stormwater runoff,and the drainage areas from these locations,must be identified in the SWP3.Where appropriate,the SWP3 must specify material handling procedures,storage requirements,and use of equipment. Procedures for cleaning up spills must be identified in the SWP3 and made available to the appropriate personnel. (3) Inspections-Qualified facility personnel(for example,a person or persons with knowledge of this general permit,the concrete batch plant,and the SWP3 related to the concrete batch plant(s)for the site)must be identified to inspect designated equipment and areas of the facility specified in the SWP3.The inspection frequency must be specified in the SWP3 based upon a consideration of the level of concrete production at the facility,but must be a minimum of once per month while the facility is in operation.The inspection must take place while the facility is in operation and must,at a minimum,include all areas that are exposed to stormwater at the site,including material handling areas, above ground storage tanks,hoppers or silos, dust collection or containment systems,truck wash down and equipment cleaning areas.Follow-up procedures must be used to ensure that appropriate actions are taken in response to the inspections.Records of inspections must be maintained and be made readily available for inspection upon request. (4) Employee Training-An employee training program must be developed to educate personnel responsible for implementing any component of the SWP3, or personnel otherwise responsible for stormwater pollution prevention,with the provisions of the SWP3.The frequency of training must be documented in the SWP3, and at a Page 56 Small MS4 General Permit TPDES General Permit TXR040000 Part VI,Section E minimum,must consist of one training prior to the initiation of operation of the concrete batch plant. (5) Record Keeping and Internal Reporting Procedures-A description of spills and similar incidents,plus additional information that is obtained regarding the quality and quantity of stormwater discharges,must be included in the SWP3. Inspection and maintenance activities must be documented and records of those inspection and maintenance activities must be incorporated in the SWP3. (6) Management of Runoff-The SWP3 shall contain a narrative consideration for reducing the volume of runoff from concrete batch plants by diverting runoff or otherwise managing runoff,including use of infiltration,detention ponds, retention ponds, or reusing of runoff. (c) Comprehensive Compliance Evaluation—At least once per year,one(1) or more qualified personnel(for example, a person or persons with knowledge of this general permit,the concrete batch plant,and the SWP3 related to the concrete batch plant(s) for the site) shall conduct a compliance evaluation of the plant.The evaluation must include the following: (1) Visual examination of all areas draining stormwater associated with regulated concrete batch plants for evidence of,or the potential for,pollutants entering the drainage system.These include but are not lirpited to: cleaning areas,material handling areas, above ground storage tanks,hoppers or silos,dust collection or containment systems, and truck wash down and equipment cleaning areas. Measures implemented to reduce pollutants in runoff(including structural controls and implementation of management practices) must be evaluated to determine if they are effective and if they are implemented in accordance with the terms of this permit and with the permittee's SWP3.The operator shall conduct a visual inspection of equipment needed to implement the SWP3,such as spill response equipment. (2) Based on the results of the evaluation,the following must be revised as appropriate within two(2)weeks of the evaluation:the description of potential pollutant sources identified in the SWP3 (as required in Part VI.E.2(a),"Description of Potential Pollutant Sources"); and pollution prevention measures and controls identified in the SWP3 (as required in Part VI.E.2.(b) "Measures and Controls"). The revisions may include a schedule for implementing the necessary changes. (3) The permittee shall prepare and include in the SWP3 a report summarizing the scope of the evaluation,the personnel malting the evaluation,the date(s) of the evaluation,major observations relating to the implementation of the SWP3,and actions taken in response to the findings of the evaluation.The report must identify any incidents of noncompliance.Where the report does not identify incidences of noncompliance,the report must contain a statement that the evaluation did not identify any incidence(s),and the report must be signed according to 30 TAC Section 305.128,relating to Signatories to Reports. (4) The Comprehensive Compliance Evaluation may substitute for one of the required inspections delineated in Part VI.E.2.(b)(3) of this general permit. 3. Prohibition of Wastewater Discharges Wastewater discharges associated with concrete production including wastewater disposal by land application are not authorized under this general permit.These wastewater Page 57 Small MS4 General Permit TPDES General Permit TXR040000 Part VI,Section F&G discharges must be authorized under an alternative TCEQ water quality permit or otherwise disposed of in an authorized manner.Discharges of concrete truck washout at construction sites may be authorized if conducted in accordance with the requirements of Part VI of this general permit. 4. Concrete Truck Wash Out Requirements This general permit authorizes the wash out of concrete trucks at construction sites regulated under this section of the general permit,provided the following requirements are met.Authorization is limited to the land disposal of wash out water from concrete trucks. Any other direct discharge of concrete production waste water must be authorized under a separate TCEQ general permit or individual permit. (a) Direct discharge of concrete truck wash out water to surface water in the state, including discharge to storm sewers,is prohibited by this general permit. (b) Concrete truck wash out water shall be discharged to areas at the construction site where structural controls have been established to prevent direct discharge to surface waters or to areas that have a minimal slope that allow infiltration and filtering of wash out water to prevent direct discharge to surface waters.Structural controls may consist of temporary berms,temporary shallow pits,temporary storage tanks with slow rate release, or other reasonable measures to prevent runoff from the construction site. (c) Wash out of concrete trucks during rainfall events shall be minimized.The direct discharge of concrete truck wash out water is prohibited at all times, and the operator shall insure that its BMPs are sufficient to prevent the discharge of concrete truck washout as the result of rain. (d) The discharge of wash out water shall not cause or contribute to groundwater contamination. (e) If a SWP3 is required to be implemented,the SWP3 shall include concrete wash out areas on the associated map. Section F. Effective Date of Coverage Construction activities may not commence under this section until the MS4 NOI and SWMP are approved in writing by the TCEQ. Following approval of the NOI and SWMP, operators of construction activities eligible for coverage under this general permit are authorized to discharge stormwater associated with construction activity immediately upon posting the signed construction site notice required under this section. Section G. Deadlines for SWP3 Preparation and Compliance The SWP3 must: r. Be completed and initially implemented prior to commencing construction activities that result in soil disturbance; z. Be updated as necessary to reflect the changing conditions of new contractors,new areas of responsibility,and changes in best management practices; and 3. Provide for compliance with the terms and conditions of this general permit. Page 58 Small MS4 General Permit TPDES General Permit TXR040000 Part VI,Section H,I&J Section H. Plan Review and Making Plans Available The SWP3 must be retained on-site at the construction site or made readily available at the time of an on-site inspection to: the executive director; a federal,state,or local agency approving sediment and erosion plans,grading plans,or stormwater management plans; and to local government officials. Section I. Keeping Plans Current The permittee shall amend the SWP3 whenever either of the following occurs: 1. There is a change in design,construction, operation,or maintenance that has a significant effect on the discharge of pollutants and that has not been previously addressed in the SWP3;or 2. Results of inspections or investigations by site operators,authorized TCEQ personnel, or a federal,state or local agency approving sediment and erosion plans indicate the SWP3 is proving ineffective in eliminating or significantly minimizing pollutants in discharges authorized under this general permit. Section J. Contents of SWP3 The SWP3 must include,at a minimum,the information described in this section. 1. Site Description A site description,or project description,which must include: (a) A description of the nature of the construction activity,potential pollutants and sources; (b) A description of the intended schedule or sequence of major activities that will disturb soils for major portions of the site; (c) The number of acres of the entire construction site property and the total number of acres of the site where construction activities will occur,including off-site material storage areas, overburden and stockpiles of dirt,and borrow areas; (d) Data describing the soil type or the quality of any discharge from the site; (e) A map showing the general location of the site(e.g.a portion of a city or county map); (f) A detailed site map indicating the following: (1) Drainage patterns and approximate slopes anticipated after major grading activities; (2) Areas where soil disturbance will occur; (3) Locations of all major structural controls either planned or in place; (4) Locations where temporary or permanent stabilization practices are expected to be used; (5) Locations of construction support activities,including off-site activities that are authorized under the permittee's NOI,including material,waste,borrow,fill,or equipment storage areas; (6) Surface waters(including wetlands) either at,adjacent,or in close proximity to the site; Page 59 Small MS4 General Permit TPDES General Permit TXR040000 Part VI,Section J (7) Locations where stormwater discharges from the site directly to a surface water body or a MS4; and (8) Vehicle wash areas. (g) The location and description of asphalt plants and concrete plants(if any)providing support to the construction site and that are also authorized under this general permit; (h) The name of receiving waters at or near the site that will be disturbed or that will receive discharges from disturbed areas of the project; and (i) A copy of Part VI of this TPDES general permit. 2. Structural and non-structural controls The SWP3 must describe the structural and the non-structural controls(hest management practices)that will be used to minimize pollution in runoff. The description must identify the general timing or sequence for implementation and the party responsible for implementation. At a minimum,the description must include the following components: (a) Erosion and Sediment Controls (r) Erosion and sediment controls must be designed to retain sediment on-site to the maximum extent practicable with consideration for local topography and rainfall. (2) Control measures must be properly selected,installed,and maintained according to the manufacturer's or designer's specifications. If periodic inspections or other information indicates a control has been used incorrectly,or that the control is performing inadequately,the operator must replace or modify the control. (3) Sediment must be removed from sediment traps and sedimentation ponds no later than the time that design capacity has been reduced by 5o per cent. (4) If sediment escapes the site,accumulations must be removed at a frequency to minimize further negative effects and,whenever feasible,prior to the next rain event. (5) Controls must be developed to limit offsite transport of litter,construction debris, and construction materials by stormwater runoff. 3. Stabilization Practices The SWP3 must include a description of interim and permanent stabilization practices for the site,including a schedule of when the practices will be implemented. Site plans should ensure that existing vegetation is preserved where possible. (a) Stabilization practices may include but are not limited to: establishment of temporary vegetation,establishment of permanent vegetation,mulching,geotextiles,sod stabilization,vegetative buffer strips,protection of existing trees and vegetation and other similar measures. (b) The following records must be maintained and either attached to or referenced in the SWP3 and made readily available upon request to the parties in Part VI.H. of this general permit: (r) The dates when major grading activities occur; (2) The dates when construction activities temporarily or permanently cease on a portion of the site; and Page 6o Small MS4 General Permit TPDES General Permit TY-R040000 Part VI,Section J (3) The dates when stabilization measures are initiated. (c) Stabilization measures must be initiated immediately in portions of the site where construction activities have temporarily or permanently ceased, and will not resume for a period exceeding 14 calendar days, except as provided in(1) and(2)below. (i) Where the initiation of stabilization measures by the 14th day after construction activity temporarily or permanently ceased is precluded by snow cover or frozen ground conditions, stabilization measures must be initiated as soon as practicable. (2) Where the initiation of stabilization measures by the 14th day after construction activity has temporarily or permanently ceased is precluded by seasonably and conditions, stabilization measures must be initiated as soon as practicable. These conditions exist in and areas,semiarid areas, and areas experiencing drought conditions. 4. Structural Control Practices The SWP3 must include a description of any structural control practices used to divert flows away from exposed soils,to limit the contact of runoff with disturbed areas,or to lessen the off-site transport of eroded soils. (a) Sites with a drainage area of ten(1o) or more acres: (1) A sediment basin is required,where feasible,for a common drainage location that serves an area with ten(1o)or more acres disturbed at one time. A sedimentation basin maybe temporary or permanent,but must provide sufficient storage to contain a calculated volume of runoff from a 2-year, 24-hour storm from each disturbed acre drained. When calculating the volume of runoff from a 2-year,24- hour storm event,it is not required to include the flows from off-site areas and flow from on-site areas that are either undisturbed or have already undergone final stabilization,if these flows are diverted around both the disturbed areas of the site and the sediment basin. Capacity calculations must be included in the SWP3. (2) Where rainfall data is not available or a calculation cannot be performed the sedimentation basin must provide at least 3,600 cubic feet of storage per acre drained until the site reaches final stabilization. (3) If a sedimentation basin is not feasible,then the permittee shall provide equivalent control measures until the site reaches final stabilization.In determining whether installing a sediment basin is feasible,the permittee may consider factors such as site soils, slope,available area,public safety,precipitation pattern, site geometry, site vegetation,infiltration capacity,geotechnical factors, depth to groundwater, and other similar considerations.The permittee shall document the reason that the sediment basins are not feasible, and shall utilize equivalent control measures, which may include a series of smaller sediment basins. (4) Perimeter Controls—At a minimum,silt fences,vegetative buffer strips,or equivalent sediment controls are required for all down slope boundaries of the construction area,and for those side slope boundaries deemed appropriate as dictated by individual site conditions. (b) Controls for sites with drainage areas less than ten acres: (1) Sediment traps and sediment basins maybe used to control solids in stormwater runoff for drainage locations serving less than ten (1o) acres. At a minimum,silt Page 61 Small MS4 General Permit TPDES General Permit TXR040000 Part VI,Section J fences,vegetative buffer strips,or equivalent sediment controls are required for all down slope boundaries of the construction area,and for those side slope boundaries deemed appropriate as dictated by individual site conditions. (2) Alternatively,a sediment basin that provides storage for a calculated volume of runoff from a 2-year, 24-hour storm from each disturbed acre drained maybe utilized.Where rainfall data is not available or a calculation cannot be performed, a temporary or permanent sediment basin providing 3,600 cubic feet of storage per acre drained may be provided.If a calculation is performed,then the calculation shall be included in the SWP3. 5. Permanent Stormwater Controls A description of any measures that will be installed during the construction process to control pollutants in stormwater discharges that will occur after construction operations have been completed must be included in the SWP3. Permittees are only responsible for the installation and maintenance of stormwater management measures prior to final stabilization of the site. 6. Other Controls (a) Off-site vehicle traeldng of sediments and the generation of dust must be minimized. (b) The SWP3 must include a description of construction and waste materials expected to be stored on-site and a description of controls to reduce pollutants from these materials. (c) The SWP3 must include a description of pollutant sources from areas other than construction(including stormwater discharges from dedicated asphalt plants and dedicated concrete plants),and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges. 7. Effluent Limits The federal Effluent Limitations Guidelines at 40 CFR Part 450.21(a)apply to all regulated construction activities under this 7a`optional MCM,where the small MS4 is the operator. 8. Approved State and Local Plans (a) The permittee shall ensure the SWP3 is consistent with requirements specified in applicable sediment and erosion site plans or site permits,or stormwater management site plans or site permits approved by federal,state, or local officials. (b) SWP3s must be updated as necessary to remain consistent with any changes applicable to protecting surface water resources in sediment erosion site plans or site permits,or stormwater management site plans or site permits approved by state or local official for whom the permittee receives written notice. 9. Maintenance All erosion and sediment control measures and other protective measures identified in the SWP3 must be maintained in effective operating condition. If through inspections the permittee determines that BMPs are not operating effectively,maintenance must be performed before the next anticipated storm event or as necessary to maintain the continued effectiveness of stormwater controls.If maintenance prior to the next anticipated Page 62 Small MS4 General Permit TPDES General Permit TX-R040000 Part VI,Section J storm event is impracticable,maintenance must be scheduled and accomplished as soon as practicable. io.Inspections of Controls (a) Personnel provided by the permittee must inspect disturbed areas of the construction site that have not been finally stabilized,areas used for storage of materials that are exposed to precipitation,discharge locations,and structural controls for evidence of, or the potential for,pollutants entering the drainage system. Personnel conducting these inspections must be knowledgeable of this general permit,familiar with the construction site, and knowledgeable of the SWP3 for the site. Sediment and erosion control measures identified in the SWP3 must be inspected to ensure that they are operating correctly.Locations where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking. Inspections must be conducted at least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater. Where sites have been finally or temporarily stabilized or where runoff is unlikely due to winter conditions(e.g. site is covered with snow,ice,or frozen ground exists), inspections must be conducted at least once every month. In and or semi-arid,or drought stricken areas,inspections must be conducted at least once every month and within 24 hours after the end of a storm event of 0.5 inches or greater As an alternative to the above-described inspection schedule of once every 14 calendar days and within 24 hours of a storm event of 0.5 inches or greater,the SWP3 may be developed to require that these inspections will occur at least once every seven(7) calendar days. If this alternative schedule is developed,then the inspection must occur on a specifically defined day,regardless of whether or not there has been a rainfall event since the previous inspection.The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance with the following provisions:the schedule may be changed a maximum of one time each month,the schedule change must be implemented at the beginning of a calendar month, and the reason for the schedule change must be documented in the SWP3 (e.g., end of"dry"season and beginning of "wet"season). (b) Utility line installation,pipeline construction,and other examples of long,narrow, linear construction activities may provide inspection personnel with limited access to the areas described in Part VLJ.1o(a)above. Inspection of these areas could require that vehicles compromise temporarily or even permanently stabilized areas, cause additional disturbance of soils, and increase the potential for erosion.In these circumstances,controls must be inspected at least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches,but representative inspections may be performed. For representative inspections,personnel must inspect controls along the construction site for 0.25 mile above and below each access point where a roadway,undisturbed right-of-way, or other similar feature intersects the construction site and allows access to the areas described in Part VI.J.1o.(a)above.The conditions of the controls along each inspected 0.25 mile portion maybe considered as representative of the condition of controls along that reach extending from the end of the 0.25 mile portion to either the end of the next 0.25 mile inspected portion,or to the end of the project,whichever occurs first. As an alternative to the above-described inspection schedule of once every 14 calendar days and within 24 hours of a storm event of 0.5 inches or greater,the SWP3 may be Page 63 Small MS4 General Permit TPDES General Permit TXR040000 Part VI,Section K developed to require that these inspections will occur at least once every seven(7) calendar days.If this alternative schedule is developed,the inspection must occur on a specifically defined day,regardless of whether or not there has been a rainfall event since the previous inspection.The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance with the following provisions:the schedule may be changed a maximum of one time each month,the schedule change must be implemented at the beginning of a calendar month, and the reason for the schedule change must be documented in the SWP3 (e.g., end of"dry"season and beginning of"wet"season). (c) In the event of flooding or other uncontrollable situations which prohibit access to the inspection sites,inspections must be conducted as soon as access is practicable. (d) The SWP3 must be modified based on the results of inspections,as necessary,to better control pollutants in runoff. Revisions to the SWP3 must be completed within seven(7) calendar days following the inspection. If existing BMPs are modified or if additional BMPs are necessary, an implementation schedule must be described in the SWP3 and wherever possible those changes implemented before the next storm event.If implementation before the next anticipated storm event is impracticable,these changes must be implemented as soon as practicable. (e) A report summarizing the scope of the inspection,the date(s)of the inspection, and major observations relating to the implementation of the SWP3 must be made and retained as part of the SWP3. Major observations should include:The locations of discharges of sediment or other pollutants from the site;locations of BMPs that need to be maintained;locations of BMPs that failed to operate as designed or proved inadequate for a particular location; and locations where additional BMPs are needed. Actions taken as a result of inspections must be described within,and retained as a part of,the SWP3.Reports must identify any incidents of non-compliance.Where a report does not identify any incidents of non-compliance,the report must contain a certification that the facility or site is in compliance with the SWP3 and this permit. The report must be signed by the person and in the manner required by 3o TAC §305.128 (relating to Signatories to Reports). (f) The names and qualifications of personnel making the inspections for the permittee maybe documented once in the SWP3 rather than being included in each report. 1Y. Pollution Prevention Measures The SWP3 must identify and ensure the implementation of appropriate pollution prevention measures for all eligible non-stormwater components of the discharge. Section Iz, Additional Retention of Records The permittee shall retain the following records for a minimum period of three(3)years from the date that final stabilization has been achieved on all portions of the site. Records include: 1. A copy of the SWP3; and 2. All reports and actions required by this section,including copies of the construction site notices. Page 64