Texas Commission on Environmental Quality

1 Texas Commission on Environmental Quality Box 13087, Austin, Texas 78711-3087 GENERAL PERMIT TO DISCHARGE UNDER THE Texas POLLUTANT DISCHARGE ELIMINATION SYSTEM under provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code This permit supersedes and replaces TPDES General Permit No. TXR150000, effective March 5, 2018 and EPA-issued 2017 NPDES General Permit No. TXR10 Fooo, modified June 27, 2019 Construction sites that discharge storm water associated with construction activity located in the state of Texas may discharge to surface water in the state only according to monitoring requirements and other conditions set forth in this general permit, as well as the rules of the Texas Commission on Environmental Quality (TCEQ or Commission ), the laws of the State ofTexas, and other orders of the Commission of the TCEQ. The issuance of this general permit does not grant to the permittee the right to use private or public property for conveyance of stormwater and certain non-stormwater discharges along the discharge route.

2 This includes property belonging to but not limited to any individual, partnership, corporation or other entity. Neither does this general permit authorize any invasion of personal rights nor any violation of federal, state, or local laws or regulations. It is the responsibility of the permittee to acquire property rights as may be necessary to use the discharge route. This general permit and the authorization contained herein shall expire at midnight, on March 5, 2023. EFFECTIVE DATE: January 28, 2022 ISSUED DATE: J.,.. ,..,. :Ll 11 For the Construction General Permit TPDES General Permit No. TXR150000 TPDES GENERAL PERMIT NUMBER TXR150000 RELATING TO STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITIES Table of Contents Part I. Flow Chart and Definitions .. 5 Section A. Flow Chart to Determine Whether Coverage is Required .. 5 Section B. Definitions.

3 6 Part II. Permit Applicability and Coverage .. 13 Section A. Discharges Eligible for Authorization .. 13 1. Stormwater Associated with Construction Activity .. 13 2. Discharges of Stormwater Associated with Construction Support Activities .. 13 3. Non-Stormwater Discharges .. 13 4. Other Permitted Discharges .. 14 Section B. concrete Truck Wash Out .. 14 Section C. Limitations on Permit Coverage .. 14 1. Post Construction Discharges .. 14 2. Prohibition of Non-Stormwater Discharges .. 14 3. Compliance with Water Quality Standards .. 14 4. Impaired Receiving Waters and Total Maximum Daily Load (TMDL) 15 5. Discharges to the Edwards Aquifer Recharge or Contributing Zone .. 15 6. Discharges to Specific Watersheds and Water Quality Areas .. 16 7. Protection of Streams and Watersheds by Other Governmental Entities .. 16 8. Indian Country Lands .. 16 9. Exempt Oil and Gas Activities.

4 16 10. The exemption does not include the construction of administrative buildings, parking lots, and roads servicing an administrative building at an oil and gas site, as these are considered traditional construction activities. Stormwater Discharges from Agricultural Activities .. 16 11. Endangered Species Act .. 17 12. Other .. 17 Section D. Deadlines for Obtaining Authorization to Discharge .. 17 1. Large Construction Activities .. 17 2. Small Construction Activities .. 18 Section E. Obtaining Authorization to Discharge .. 18 1. Automatic Authorization for Small Construction Activities with Low Potential for Erosion: .. 18 Construction General Permit TPDES General Permit No. TXR150000 Page 3 2. Automatic Authorization for Small Construction Activities: .. 19 3. Authorization for Large Construction Activities: ..20 4. Waivers for Small Construction Activities.

5 21 5. Effective Date of Coverage .. 21 6. Notice of Change (NOC) .. 22 7. Signatory Requirement for NOI Forms, Notice of Termination (NOT) Forms, NOC Letters, and Construction Site Notices .. 23 8. Contents of the NOI .. 23 Section F. Terminating Coverage .. 23 1. Notice of Termination (NOT) Required .. 23 2. Minimum Contents of the NOT .. 24 3. Termination of Coverage for Small Construction Sites and for Secondary Operators at Large Construction Sites .. 24 4. Transfer of Day-to-Day Operational Control .. 25 Section G. Waivers from Coverage .. 26 1. Waiver Applicability and Coverage .. 26 2. Steps to Obtaining a Waiver .. 26 3. Effective Date of a LREW .. 27 4. Activities Extending Beyond the LREW 27 Section H. Alternative TPDES Permit 27 1. Individual Permit Alternative .. 27 2. Alternative Authorizations for Certain Discharges .. 27 Certain discharges eligible for authorization under this general permit may alternatively be authorized under a separate general permit according to 30 TAC Chapter 205 (relating to General Permits for Waste Discharges), as applicable.

6 27 3. Individual Permit Required .. 28 4. Alternative Discharge Authorization .. 28 Section I. Permit Expiration .. 28 Part III. Stormwater Pollution Prevention Plans (SWP3) .. 29 Section A. Shared SWP3 Development .. 29 Section B. Responsibilities of Operators ..30 1. Secondary Operators and Primary Operators with Control Over Construction Plans and Specifications ..30 2. Primary Operators with Day-to-Day Operational Control ..30 Section C. Deadlines for SWP3 Preparation, Implementation, and Compliance .. 31 Section D. Plan Review and Making Plans Available .. 31 Section E. Revisions and Updates to SWP3s .. 32 Construction General Permit TPDES General Permit No. TXR150000 Page 4 Section F. Contents of SWP3 .. 32 Section G. Erosion and Sediment Control Requirements Applicable to All Sites .. 40 Part IV. Stormwater Runoff from concrete Batch Plants .. 42 Section A.

7 Benchmark Sampling Requirements .. 43 Section B. Best Management Practices (BMPs) and SWP3 Requirements .. 44 Section C. Prohibition of Wastewater Discharges .. 47 Part V. concrete Truck Wash Out Requirements .. 47 Part VI. Retention of Records .. 47 Part VII. Standard Permit Conditions .. 48 Part VIII. Fees .. 49 Appendix A: Automatic Authorization .. 50 Appendix B: Erosivity Index (EI) Zones in Texas .. 52 Appendix C: Isoerodent Map .. 53 Appendix D: Erosivity Indices for EI Zones in Texas .. 54 Construction General Permit TPDES General Permit No. TXR150000 Page 5 Part I. Flow Chart and Definitions Section A. Flow Chart to Determine Whether Coverage is Required When calculating the acreage of land area disturbed, include the disturbed land-area of all construction and construction support activities. Construction General Permit TPDES General Permit No.

8 TXR150000 Page 6 Section B. Definitions Arid Areas - Areas with an average annual rainfall of 0 to 10 inches. Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices, maintenance procedures, structural controls, local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements, operating procedures, and practices to control construction site runoff, spills or leaks, waste disposal, or drainage from raw material storage areas. Commencement of Construction - The initial disturbance of soils associated with clearing, grading, or excavation activities, as well as other construction-related activities ( , 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.

9 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 ( , 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 ( , 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 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.

10 Construction Activity - Includes soil disturbance activities, including clearing, grading, excavating, construction-related activity ( , stockpiling of fill material, demolition), and construction support activity. This does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site ( , the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing rights-of-way, and similar maintenance activities). Regulated construction activity is defined in terms of small and large construction activity. Construction Support Activity A construction-related activity that specifically supports construction activity, which can involve earth disturbance or pollutant-generating activities of its own, and can include, but are not limited to, activities associated with concrete or asphalt batch plants, rock crushers, equipment staging or storage areas, chemical storage areas, material storage areas, material borrow areas, and excavated material disposal areas.