Transcript TCEQ Construction General Permit Renewal

TCEQ Construction General
Permit Renewal
TXR150000
April 23, 2008
Houston Land/Water Sustainability Forum
The Important Dates
• Old permit expired: March 5, 2008
• New permit effective: March 5, 2008
– Good through March 5, 2013
• Notice of Intent (NOI) due date for existing
sites: June 3, 2008
• NOI due date for new sites: prior to the
commencement of construction activities
The Important Dates
• If you DO NOT need coverage after
June 3, 2008, you may opt to allow your
permit to expire on June 3, 2008. All
existing permits active and not renewed on
June 3, 2008, will be considered expired
on that date. Submission of a Notice of
Termination (NOT) is not necessary.
New Application Fees
• Paper NOI: $325
– provisional coverage begins 7 days later
• Electronically (STEERS): $225
– provisional coverage begins immediately
• No Annual Fee!
Big Definition Updates
• Common Plan of Development (1*)
– Does not necessarily include all construction within
the jurisdiction of a public entity (city or university)
– Discrete projects ¼ mile apart – can be treated as
separate plan of development or sale
• Operator (2*)
– Primary
– Secondary
– Operators may include landowners, contractors,
subcontractors, homebuilders, etc.
* Revised to be consistent with EPA
Primary Operator
• Persons having operational control over
construction plans and specs
• Persons having day-to-day operational
control of the activities at a construction
site to ensure compliance with an SWP3
Primary Operator
• Requirements:
– Submit NOI
– Develop & Implement SWP3
– Post NOI AND construction site notice
– Submit copy of NOI to MS4 operator
– Provide notification to the operator(s) of the
need to obtain coverage
Secondary Operator
• Persons whose operational control is
limited to the employment of other
operators or to the ability to
approve/disapprove changes to plans
• Regulated by the CGP
Secondary Operator
• Requirements:
– Not required to submit NOI
– Must post a construction site notice
– Provide notification to the operator(s) of the
need to obtain coverage
Operator Scenario
• Developer of a Retail Center
– Hires a General Contractor to handle
everything (day-to-day operational control)
• General Contractor (GC) hires
subcontractor
• Subcontractor has to meet the GCs plans
& specs
• Subcontractor has no authority over
design decisions
Operator Scenario
• Developer wants to develop a subdivision.
The developer has hired contractors to
install the roads and utilities.
Other Definition Updates
• Discharge – the drainage, release, or
disposal of pollutants in storm water
• Commencement of Construction – initial
disturbance of soils as well as other
construction-related activities (stock piling
of fill material and demolition) Must have
obtained a CGP and developed a SWP3
before any of these activities take place.
Other Definition Updates
• Edwards Aquifer/Recharge
Zone/Contributing Zone – central Texas
issue
• Facility or Activity – construction site or
construction support activity regulated by
this permit
Other Definition Updates
• Final Stabilization
– (b)(2) – added language that homeowner can
retain controls/BMPs
– (d) arid, semi-arid, drought-stricken
• Hyperchlorination of waterlines
– Disinfecting potable water
• Indian Country Land
• Indian Tribe
Other Definition Updates
• MS4 – added “discharges to surface water
in the state”
• Notice of Change (NOC)
• Outfall – point where storm water
associated w/construction activity
discharges
• Pollutant- includes sediment
Other Definition Updates
• Replaced Runoff Coefficient with R factor
• Semiarid Areas – 10 to 20 inches rain
• Arid Areas – less than 10 inches annually
Limitations on Permit Coverage
Part II-Sec C
• Agricultural activities – facility construction
such as the construction of confined
animal feeding operations (CAFO) may
be regulated
• Included the Act of God, war, strike, riot, or
other catastrophe, this event is not a
violation of the permit
Authorization to Discharge
Posting Requirements
Part II-Sec E(1-3)
• Primary Operator
– Large site
• NOI
• Construction Site Notice (Attachment 4)
– Small Site
• Construction Site Notice (Attachment 2)
• Secondary Operator
– Construction Site Notice, Large Site (Attachment 3)
– Construction Site Notice, Small Site (Attachment 2)
Municipal Separate Storm Sewer
System Notification Requirements
Part II-Sec E(1-3)
• Primary Operator - Copy of NOI supplied
to MS4 in which they discharge
• Primary & Secondary Operator – Copy of
TCEQ site notice
Permit Coverage
Part II-Sec E(5)
• Paper NOI
– Provisional coverage 7 days after postmark
• Electronic
– Immediate provisional coverage following
confirmation of receipt of the NOI by the
TCEQ
• Get Online Authorization: Storm Water Construction
Activities
• You can fill out, pay for, sign, and submit your
construction general permit applications for storm
water online, and get immediate acknowledgment of
coverage!
-Notice of Intent
-Notice of Termination
•
Questions on using STEERS: call support staff at 512239-6925 or e-mail [email protected]
• The company/individual who developed
your SWP3, can start the process of filling
out the NOI on-line through STEERS.
• Then you can access the NOI to sign them
and pay the fee.
Notice of Change
Part II-Sec E(6)
• Examples of reasons to submit NOC
– Change in the description of the project
– Increase disturbed area
– Operator name change
• NOC not required for decreasing disturbed
area
Terminating Coverage
Part II-Sec F(3)
• Small Construction Operators & Secondary
Operators at Large Site
– Can terminate if one of these conditions are met:
• Final stabilization
• Transfer of operational control
• Alternative authorization
• To do list:
– Complete the applicable portion of site notice
– Submit a copy of notice to MS4
Transfer of Operational Control
Part II-Sec F(4)
• Permit coverage not transferable
• Transfer includes company structure
changes (ex: partnership to corp)
• Transfer occurs when:
– Another operator assumes control over unstabilized areas
– A homebuilder buys lots from developer
Waivers from Coverage
Part II-Sec G
• For low erosive sites
• Waiver certification form is not required to
be posted
• Still must post site notice (attachment 1)
Sediment Basins
Part III-Sec F(2)(c)(i)(A)
• Sediment basin required for a common drainage
location that serves an area with 10+ acres
disturbed
• If not used, must document the reason that
sediment basins not feasible
• Determining factors: soil, slope, available area,
public safety , precipitation patterns, site
geometry, site vegetation, infiltration capacity,
geotechnical factors, depth to groundwater, and
other similar considerations.
Inspections
Part III-Sec 7
• (a) Added “discharge locations” to areas
that must be inspected
• (e) list of inspector qualifications don’t
have to be on each report, just in the
SWP3
Concrete Batch Plants
Part IV-Sec A
• CGP Authorizes Storm Water Runoff from
Concrete Batch Plants
– On Site or Within One Mile
– Operator may be Required to Obtain Alternative
Coverage if Not Allowed to Share SWP3
• MSGP, TXG110000, or Individual Permit
• Requirements:
– Benchmark Sampling (1x/quarter) for Oil &
Grease, TSS, pH, & Total Iron
• Similar to TXR050000 and to storm water-only
provisions of TXG110000
• Projects < 1 quarter must collect at least one sample
Concrete Batch Plants
Part IV-Sec B, C
• Requirements (cont.)
– BMPs
• Potential pollutants
• Measures & controls (housekeeping, spill
prevention etc.)
• Comprehensive Compliance Eval (1x/year)
• Wastewater Must Be Discharged Under
TXG110000 or Individual TPDES Permit
Concrete Truck Washout
Part V
• Disposal of Washout Water from Concrete
Trucks Associated With Off-Site Concrete
Production Facilities
– If Concrete Plant is Located at Construction Site,
Need TXG110000 or Individual Permit
•
•
•
•
No Direct Discharge Allowed
Designated area - lined bottom with perimeter
Identified on site map
No Other Wastewater Authorized
– Must Obtain Authorization Under TXG110000
Other Construction Support Activities
Part II-Sec A(2)
• Construction Support May Include
–
–
–
–
Concrete Batch Plants
Asphalt Batch Plants
Equipment Staging Areas
Material Storage Yards
• These activities authorized if:
– Activities On Site or Within One Mile
– SWP3 addresses controls for these activities
– Support Activities do not operate beyond completion
date (then must get separate coverage)
• Wastewater Not Authorized
Other Requirements:
Non Storm Water
• Certain Non-Storm Water Flows Allowed:
– Vehicle/Building/Structure Wash Water
– Lawn Irrigation
– Uncontaminated A/C Condensate
– Uncontaminated Dust Suppression Water
– Emergency Fire Fighting Activities
– Uncontaminated Fire Hydrant Flushings
– Potable Water Sources
– Uncontaminated Groundwater
Contact Information
• Permitting Information (Technical):
(512) 239-4671, [email protected]
• Storm Water NOI/NOT Status:
(512) 245-0130, [email protected]
Regional Contact Information
• Courtney Mize
– [email protected]
– (713) 422-8921 direct
– (713) 767-3691 fax
• Michelle Ruckstuhl
– [email protected]
– (713) 767-3666 direct
– (713) 767-3691