| Material | Category | RQ in pounds (kilograms) |
|---|---|---|
| Acetaldehyde | C | 1,000 (454) |
| Acetic acid | D | 5,000 (2,270) |
| Acetic anhydride | D | 5,000 (2,270) |
| Acetone cyanohydrin | A | 10 (4.54) |
| Acetyl bromide | D | 5,000 (2,270) |
| Acetyl chloride | D | 5,000 (2,270) |
| Acrolein | X | 1 (0.454) |
| Acrylonitrile | B | 100 (45.4) |
| Adipic acid | D | 5,000 (2,270) |
| Aldrin | X | 1 (0.454) |
| Allyl alcohol | B | 100 (45.4) |
| Allyl chloride | C | 1,000 (454) |
| Aluminum sulfate | D | 5,000 (2,270) |
| Ammonia | B | 100 (45.4) |
| Ammonium acetate | D | 5,000 (2,270) |
| Ammonium benzoate | D | 5,000 (2,270) |
| Ammonium bicarbonate | D | 5,000 (2,270) |
| Ammonium bichromate | A | 10 (4.54) |
| Ammonium bifluoride | B | 100 (45.4) |
| Ammonium bisulfite | D | 5,000 (2,270) |
| Ammonium carbamate | D | 5,000 (2,270) |
| Ammonium carbonate | D | 5,000 (2,270) |
| Ammonium chloride | D | 5,000 (2,270) |
| Ammonium chromate | A | 10 (4.54) |
| Ammonium citrate dibasic | D | 5,000 (2,270) |
| Ammonium fluoborate | D | 5,000 (2,270) |
| Ammonium fluoride | B | 100 (45.4) |
| Ammonium hydroxide | C | 1,000 (454) |
| Ammonium oxalate | D | 5,000 (2,270) |
| Ammonium silicofluoride | C | 1,000 (454) |
| Ammonium sulfamate | D | 5,000 (2,270) |
| Ammonium sulfide | B | 100 (45.4) |
| Ammonium sulfite | D | 5,000 (2,270) |
| Ammonium tartrate | D | 5,000 (2,270) |
| Ammonium thiocyanate | D | 5,000 (2,270) |
| Amyl acetate | D | 5,000 (2,270) |
| Aniline | D | 5,000 (2,270) |
| Antimony pentachloride | C | 1,000 (454) |
| Antimony potassium tartrate | B | 100 (45.4) |
| Antimony tribromide | C | 1,000 (454) |
| Antimony trichloride | C | 1,000 (454) |
| Antimony trifluoride | C | 1,000 (454) |
| Antimony trioxide | C | 1,000 (454) |
| Arsenic disulfide | X | 1 (0.454) |
| Arsenic pentoxide | X | 1 (0.454) |
| Arsenic trichloride | X | 1 (0.454) |
| Arsenic trioxide | X | 1 (0.454) |
| Arsenic trisulfide | X | 1 (0.454) |
| Barium cyanide | A | 10 (4.54) |
| Benzene | A | 10 (4.54) |
| Benzoic acid | D | 5,000 (2,270) |
| Benzonitrile | D | 5,000 (2,270) |
| Benzoyl chloride | C | 1,000 (454) |
| Benzyl chloride | B | 100 (45.4) |
| Beryllium chloride | X | 1 (0.454) |
| Beryllium fluoride | X | 1 (0.454) |
| Beryllium nitrate | X | 1 (0.454) |
| Butyl acetate | D | 5,000 (2,270) |
| Butylamine | C | 1,000 (454) |
| n-Butyl phthalate | A | 10 (4.54) |
| Butyric acid | D | 5,000 (2,270) |
| Cadmium acetate | A | 10 (4.54) |
| Cadmium bromide | A | 10 (4.54) |
| Cadmium chloride | A | 10 (4.54) |
| Calcium arsenate | X | 1 (0.454) |
| Calcium arsenite | X | 1 (0.454) |
| Calcium carbide | A | 10 (4.54) |
| Calcium chromate | A | 10 (4.54) |
| Calcium cyanide | A | 10 (4.54) |
| Calcium dodecylbenzenesulfonate | C | 1,000 (454) |
| Calcium hypochlorite | A | 10 (4.54) |
| Captan | A | 10 (4.54) |
| Carbaryl | B | 100 (45.4) |
| Carbofuran | A | 10 (4.54) |
| Carbon disulfide | B | 100 (45.4) |
| Carbon tetrachloride | A | 10 (4.54) |
| Chlordane | X | 1 (0.454) |
| Chlorine | A | 10 (4.54) |
| Chlorobenzene | B | 100 (45.4) |
| Chloroform | A | 10 (4.54) |
| Chlorosulfonic acid | C | 1,000 (454) |
| Chlorpyrifos | X | 1 (0.454) |
| Chromic acetate | C | 1,000 (454) |
| Chromic acid | A | 10 (4.54) |
| Chromic sulfate | C | 1,000 (454) |
| Chromous chloride | C | 1,000 (454) |
| Cobaltous bromide | C | 1,000 (454) |
| Cobaltous formate | C | 1,000 (454) |
| Cobaltous sulfamate | C | 1,000 (454) |
| Coumaphos | A | 10 (4.54) |
| Cresol | B | 100 (45.4) |
| Crotonaldehyde | B | 100 (45.4) |
| Cupric acetate | B | 100 (45.4) |
| Cupric acetoarsenite | X | 1 (0.454) |
| Cupric chloride | A | 10 (4.54) |
| Cupric nitrate | B | 100 (45.4) |
| Cupric oxalate | B | 100 (45.4) |
| Cupric sulfate | A | 10 (4.54) |
| Cupric sulfate, ammoniated | B | 100 (45.4) |
| Cupric tartrate | B | 100 (45.4) |
| Cyanogen chloride | A | 10 (4.54) |
| Cyclohexane | C | 1,000 (454) |
| 2,4-D Acid | B | 100 (45.4) |
| 2,4-D Esters | B | 100 (45.4) |
| DDT | X | 1 (0.454) |
| Diazinon | X | 1 (0.454) |
| Dicamba | C | 1,000 (454) |
| Dichlobenil | B | 100 (45.4) |
| Dichlone | X | 1 (0.454) |
| Dichlorobenzene | B | 100 (45.4) |
| Dichloropropane | C | 1,000 (454) |
| Dichloropropene | B | 100 (45.4) |
| Dichloropropene-Dichloropropane (mixture) | B | 100 (45.4) |
| 2,2-Dichloropropionic acid | D | 5,000 (2,270) |
| Dichlorvos | A | 10 (4.54) |
| Dicofol | A | 10 (4.54) |
| Dieldrin | X | 1 (0.454) |
| Diethylamine | B | 100 (45.4) |
| Dimethylamine | C | 1,000 (454) |
| Dinitrobenzene (mixed) | B | 100 (45.4) |
| Dinitrophenol | A | 10 (45.4) |
| Dinitrotoluene | A | 10 (4.54) |
| Diquat | C | 1,000 (454) |
| Disulfoton | X | 1 (0.454) |
| Diuron | B | 100 (45.4) |
| Dodecylbenzenesulfonic acid | C | 1,000 (454) |
| Endosulfan | X | 1 (0.454) |
| Endrin | X | 1 (0.454) |
| Epichlorohydrin | B | 100 (45.4) |
| Ethion | A | 10 (4.54) |
| Ethylbenzene | C | 1,000 (454) |
| Ethylenediamine | D | 5,000 (2,270) |
| Ethylenediamine-tetraacetic acid (EDTA) | D | 5,000 (2,270) |
| Ethylene dibromide | X | 1 (0.454) |
| Ethylene dichloride | B | 100 (45.4) |
| Ferric ammonium citrate | C | 1,000 (454) |
| Ferric ammonium oxalate | C | 1,000 (454) |
| Ferric chloride | C | 1,000 (454) |
| Ferric fluoride | B | 100 (45.4) |
| Ferric nitrate | C | 1,000 (454) |
| Ferric sulfate | C | 1,000 (454) |
| Ferrous ammonium sulfate | C | 1,000 (454) |
| Ferrous chloride | B | 100 (45.4) |
| Ferrous sulfate | C | 1,000 (454) |
| Formaldehyde | B | 100 (45.4) |
| Formic acid | D | 5,000 (2,270) |
| Fumaric acid | D | 5,000 (2,270) |
| Furfural | D | 5,000 (2,270) |
| Guthion | X | 1 (0.454) |
| Heptachlor | X | 1 (0.454) |
| Hexachlorocyclopentadiene | A | 10 (4.54) |
| Hydrochloric acid | D | 5,000 (2,270) |
| Hydrofluoric acid | B | 100 (45.4) |
| Hydrogen cyanide | A | 10 (4.54) |
| Hydrogen sulfide | B | 100 (45.4) |
| Isoprene | B | 100 (45.4) |
| Isopropanolamine dodecylbenzenesulfonate | C | 1,000 (454) |
| Kepone | X | 1 (0.454) |
| Lead acetate | A | 10 (4.54) |
| Lead arsenate | X | 1 (0.454) |
| Lead chloride | A | 10 (4.54) |
| Lead fluoborate | A | 10 (4.54) |
| Lead fluoride | A | 10 (4.54) |
| Lead iodide | A | 10 (4.54) |
| Lead nitrate | A | 10 (4.54) |
| Lead stearate | A | 10 (4.54) |
| Lead sulfate | A | 10 (4.54) |
| Lead sulfide | A | 10 (4.54) |
| Lead thiocyanate | A | 10 (4.54) |
| Lindane | X | 1 (0.454) |
| Lithium chromate | A | 10 (4.54) |
| Malathion | B | 100 (45.4) |
| Maleic acid | D | 5,000 (2,270) |
| Maleic anhydride | D | 5,000 (2,270) |
| Mercaptodimethur | A | 10 (4.54) |
| Mercuric cyanide | X | 1 (0.454) |
| Mercuric nitrate | A | 10 (4.54) |
| Mercuric sulfate | A | 10 (4.54) |
| Mercuric thiocyanate | A | 10 (4.54) |
| Mercurous nitrate | A | 10 (4.54) |
| Methoxychlor | X | 1 (0.454) |
| Methyl mercaptan | B | 100 (45.4) |
| Methyl methacrylate | C | 1,000 (454) |
| Methyl parathion | B | 100 (45.4) |
| Mevinphos | A | 10 (4.54) |
| Mexacarbate | C | 1,000 (454) |
| Monoethylamine | B | 100 (45.4) |
| Monomethylamine | B | 100 (45.4) |
| Naled | A | 10 (4.54) |
| Naphthalene | B | 100 (45.4) |
| Naphthenic acid | B | 100 (45.4) |
| Nickel ammonium sulfate | B | 100 (45.4) |
| Nickel chloride | B | 100 (45.4) |
| Nickel hydroxide | A | 10 (4.54) |
| Nickel nitrate | B | 100 (45.4) |
| Nickel sulfate | B | 100 (45.4) |
| Nitric acid | C | 1,000 (454) |
| Nitrobenzene | C | 1,000 (454) |
| Nitrogen dioxide | A | 10 (4.54) |
| Nitrophenol (mixed) | B | 100 (45.4) |
| Nitrotoluene | C | 1,000 (454) |
| Paraformaldehyde | C | 1,000 (454) |
| Parathion | A | 10 (4.54) |
| Pentachlorophenol | A | 10 (4.54) |
| Phenol | C | 1,000 (454) |
| Phosgene | A | 10 (4.54) |
| Phosphoric acid | D | 5,000 (2,270) |
| Phosphorus | X | 1 (0.454) |
| Phosphorus oxychloride | C | 1,000 (454) |
| Phosphorus pentasulfide | B | 100 (45.4) |
| Phosphorus trichloride | C | 1,000 (454) |
| Polychlorinated biphenyls | X | 1 (0.454) |
| Potassium arsenate | X | 1 (0.454) |
| Potassium arsenite | X | 1 (0.454) |
| Potassium bichromate | A | 10 (4.54) |
| Potassium chromate | A | 10 (4.54) |
| Potassium cyanide | A | 10 (4.54) |
| Potassium hydroxide | C | 1,000 (454) |
| Potassium permanganate | B | 100 (45.4) |
| Propargite | A | 10 (4.54) |
| Propionic acid | D | 5,000 (2,270) |
| Propionic anhydride | D | 5,000 (2,270) |
| Propylene oxide | B | 100 (45.4) |
| Pyrethrins | X | 1 (0.454) |
| Quinoline | D | 5,000 (2,270) |
| Resorcinol | D | 5,000 (2,270) |
| Selenium oxide | A | 10 (4.54) |
| Silver nitrate | X | 1 (0.454) |
| Sodium | A | 10 (4.54) |
| Sodium arsenate | X | 1 (0.454) |
| Sodium arsenite | X | 1 (0.454) |
| Sodium bichromate | A | 10 (4.54) |
| Sodium bifluoride | B | 100 (45.4) |
| Sodium bisulfite | D | 5,000 (2,270) |
| Sodium chromate | A | 10 (4.54) |
| Sodium cyanide | A | 10 (4.54) |
| Sodium dodecylbenzenesulfonate | C | 1,000 (454) |
| Sodium fluoride | C | 1,000 (454) |
| Sodium hydrosulfide | D | 5,000 (2,270) |
| Sodium hydroxide | C | 1,000 (454) |
| Sodium hypochlorite | B | 100 (45.4) |
| Sodium methylate | C | 1,000 (454) |
| Sodium nitrite | B | 100 (45.4) |
| Sodium phosphate, dibasic | D | 5,000 (2,270) |
| Sodium phosphate, tribasic | D | 5,000 (2,270) |
| Sodium selenite | B | 100 (45.4) |
| Strontium chromate | A | 10 (4.54) |
| Strychnine | A | 10 (4.54) |
| Styrene | C | 1,000 (454) |
| Sulfuric acid | C | 1,000 (454) |
| Sulfur monochloride | C | 1,000 (454) |
| 2,4,5-T acid | C | 1,000 (454) |
| 2,4,5-T amines | D | 5,000 (2,270) |
| 2,4,5-T esters | C | 1,000 (454) |
| 2,4,5-T salts | C | 1,000 (454) |
| TDE | X | 1 (0.454) |
| 2,4,5-TP acid | B | 100 (45.4) |
| 2,4,5-TP acid esters | B | 100 (45.4) |
| Tetraethyl lead | A | 10 (4.54) |
| Tetraethyl pyrophosphate | A | 10 (4.54) |
| Thallium sulfate | B | 100 (45.4) |
| Toluene | C | 1,000 (454) |
| Toxaphene | X | 1 (0.454) |
| Trichlorfon | B | 100 (45.4) |
| Trichloroethylene | B | 100 (45.4) |
| Trichlorophenol | A | 10 (4.54) |
| Triethanolamine dodecylbenzenesulfonate | C | 1,000 (454) |
| Triethylamine | D | 5,000 (2,270) |
| Trimethylamine | B | 100 (45.4) |
| Uranyl acetate | B | 100 (45.4) |
| Uranyl nitrate | B | 100 (45.4) |
| Vanadium pentoxide | C | 1,000 (454) |
| Vanadyl sulfate | C | 1,000 (454) |
| Vinyl acetate | D | 5,000 (2,270) |
| Vinylidene chloride | B | 100 (45.4) |
| Xylene (mixed) | B | 100 (45.4) |
| Xylenol | C | 1,000 (454) |
| Zinc acetate | C | 1,000 (454) |
| Zinc ammonium chloride | C | 1,000 (454) |
| Zinc borate | C | 1,000 (454) |
| Zinc bromide | C | 1,000 (454) |
| Zinc carbonate | C | 1,000 (454) |
| Zinc chloride | C | 1,000 (454) |
| Zinc cyanide | A | 10 (4.54) |
| Zinc fluoride | C | 1,000 (454) |
| Zinc formate | C | 1,000 (454) |
| Zinc hydrosulfite | C | 1,000 (454) |
| Zinc nitrate | C | 1,000 (454) |
| Zinc phenolsulfonate | D | 5,000 (2,270) |
| Zinc phosphide | B | 100 (45.4) |
| Zinc silicofluoride | D | 5,000 (2,270) |
| Zinc sulfate | C | 1,000 (454) |
| Zirconium nitrate | D | 5,000 (2,270) |
| Zirconium potassium fluoride | C | 1,000 (454) |
| Zirconium sulfate | D | 5,000 (2,270) |
| Zirconium tetrachloride | D | 5,000 (2,270) |
Dewatering Report
The new TCEQ Permit defines Dewatering as - “ Dewatering – The act of draining accumulated stormwater or groundwater from building foundations, vaults, trenches, and other similar points of accumulation.”
The Permit now requires the following on days that dewatering occurs on the Permitted sites:
(a) Personnel provided by the permittee must observe and evaluate dewatering controls at a minimum of once per day on the days where dewatering discharges from the construction site occur. Personnel conducting these evaluations must be knowledgeable of this general permit, the construction activities at the site, and the SWP3 for the site. Personnel conducting these evaluations are not required to have signatory authority for reports under 30 TAC § 305.128 (relating to Signatories to Reports).
(b) Requirements for Observations and Evaluations
i. A report summarizing the scope of any observation and evaluation must be completed within 24-hours following the evaluation. The report must also include, at a minimum, the following:
(A) date of the observations and evaluation;
(B) name(s) and title(s) of personnel making the observations and evaluation;
(C) approximate times that the dewatering discharge began and ended on the day of evaluation, or if the dewatering discharge is a continuous discharge that continues after normal business hours, indicate that the discharge is continuous (this information can be reported by personnel initiating the dewatering discharge);
(D) estimates of the rate (in gallons per day) of discharge on the day of evaluation;
(E) whether or not any indications of pollutant discharge were observed at the point of discharge (e.g., foam, oil sheen, noticeable odor, floating solids, suspended sediments, or other obvious indicators of stormwater pollution); and
(F) major observations, including: the locations of where erosion and discharges of sediment or other pollutants from the site have occurred; 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.
ii. Actions taken as a result of evaluations, including the date(s) of actions taken, 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 retained as part of the SWP3 and signed by the person and in the manner required by 30 TAC § 305.128 (relating to Signatories to Reports).
iii. The names and qualifications of personnel making the evaluations for the permittee may be documented once in the SWP3 rather than being included in each report.
Here is a link to the report template we have designed: DEWATERINGREPORT.pdf
It's raining...when do I need to inspect my site??
The new Permit revised the timing for 1/2” rain event inspections. Here is the language from the Permit:
“Inspections of construction sites must be conducted at least once every fourteen (14) calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater, unless as otherwise provided below in Part III.F.8.(c)ii. – v. below.
(A) If a storm event produces 0.5 inches or more of rain within a 24-hour period (including when there are multiple, smaller storms that alone produce less than 0.5 inches but together produce 0.5 inches or more in 24 hours), you are required to conduct one inspection within 24 hours of when 0.5 inches of rain or more has fallen. When the 24-hour inspection time frame occurs entirely outside of normal working hours, you must conduct an inspection by no later than the end of the next business day.
(B) If a storm event produces 0.5 inches or more of rain within a 24-hour period on the first day of a storm and continues to produce 0.5 inches or more of rain on subsequent days, you must conduct an inspection within 24 hours of the first day of the storm and within 24 hours after the last day of the storm that produces 0.5 inches or more of rain (i.e., only two (2) inspections would be required for such a storm event). When the 24-hour inspection time frame occurs entirely outside of normal working hours, you must conduct an inspection by no later than the end of the next business day.”
For storm events that last more than 24 hours, we are suggesting performing an inspection within 24hrs of the first 1/2” of rainfall and perform another inspection by the end of the first business day after the end of the rain event.
Permit Renwal Brings New Rules
STEERS Account information
As of 9/1/18, the TCEQ is no longer accepting paper Notice of Intents to Permit projects 5 acres or greater. All entities requesting Permit coverage must obtain a STEERS account and submit their NOI electronically.
Here is the link to the TCEQ’s website where you can begin the STEERS account creation process: https://www3.tceq.texas.gov/steers/index.cfm?fuseaction=newacct.welcome&spaaction=createnew
The site is not intuitive at all. When working through the application process there are several questions asked that are somewhat confusing. The correct answers to these questions are as follows:
Which STEERS Program? "Storm Water General Permits (EPR_SW)";
Access type: “Storm Water Sign - view, create, delete, modify, pay, sign and submit”;
What is the best description of your employer’s relationship to the facility? “My employer is the facility or applicant for the permit application”.
Once you have provided the information about your account and the relationship you have with the facility, and you are on the “STEERS Account Summary page, you will need to submit an SPA ( STEERS Application Agreement ). If you have Texas Drivers License, you can click the "E-sign SPA” link at the top of the page. This will take you to another page that collects the information from your TXDL. Once you have entered all the information and checked the 2 check boxes at the bottom of the page, click the “E-Sign SPA” button. The site gives you no indication that the application has been received. I typically tell clients to wait a minute or two and then click the “Exit Application” button and close the browser. In 10 - 15 minutes, you should be able to log in using your newly assigned ER# and password and you account should be moved from probationary to active. If you do not have a Texas Drivers License, you can click the “Paper SPA” and complete the information and “Generate your SPA” which will create the paper form that will need to be sent to the TCEQ’s address indicated on the form. It has been taking 10-14 days for the TCEQ to process these paper SPAs.
Once a STEERS account has been established, I will need the ER# of the account holder. If the entity under which you are going to be obtaining TCEQ Permit coverage has never obtained coverage before, I will need the Secretary of State (“SOS”) filing number of that entity in order to set them up within STEERS.
I know this is a lot of work, please feel free to call me when you are working through this and I will do my best to step you through it if I need to.
Please let me know if you have any questions.
Thank you,
Todd
(c)817.975.9307
Local DFW Cities Additional Requirements
There are several cities in the metroplex which have additional requirements for SWP3 design and inspection schedule. The list below is a list of what we are currently aware:
When Can I Terminate My Permit
A project’s Permit coverage can be terminated once the site has reached “Final Stabilization”. The TCEQ defines final stabilization as:
Final Stabilization - A construction site status where any of the following conditions are met:
A. All soil disturbing activities at the site have been completed and a uniform (that is, evenly distributed, without large bare areas) perennial vegetative cover with a density of at least 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed.
B.For individual lots in a residential construction site by either:
(1) the homebuilder completing final stabilization as specified in condition (a) above; or
(2) the homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of, final stabilization. If temporary stabilization is not feasible, then the homebuilder may fulfill this requirement by retaining perimeter controls or BMPs, and informing the homeowner of the need for removal of temporary controls and the establishment of final stabilization.Fullfillment of this requirement must be documented in the homebuilder’s stormwater pollution prevention plan (SWP3).
C. For construction activities on land used for agricultural purposes (such as pipelines across crop or range land), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface water and areas that are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of condition (a) above.
Termination procedures include the following activities:
• Remove or schedule to remove all temporary erosion control measures;
• Remove posted Construction Site Notices (“CSNs”);
• Primary Operator -
Sites 5+ acres - Log into STEERS and complete Termination process for eNOT and remit .pdf to the MS4 ( the City in most cases );
Sites <5 acres - Remit the completed CSN to the MS4;
• Secondary Operator - Remit the completed Secondary Operator CSN ( attached ) to the MS4;
• Retain complete SWP3 for 3 years from date CSN was removed.
Home Builder SWP3 Requirements
The TCEQ expects all disturbed areas within a residential subdivision to be covered by a TPDES Permit. All entities that meet the TCEQ’s definition of Operator must have Permit coverage for those disturbed areas of which they have control. The raw land is typically covered under the developer entity’s SWP3. Once lots are sold to builders, the builders must have the lots covered under a SWP3. The entire subdivision disturbed area must be taken in to account when deciding if a Notice of Intent (“NOI”) is required for the developer and then the home builders. Because of the “Common plan of development” requirement, if the total subdivision disturbance meets or exceeds 1 acre, any builder taking down lots within the subdivision must then have a SWP3, install & maintain controls and perform site inspections.
It is our practice to create a SWP3 for each builder entity within a subdivision. This SWP3 will cover all the lots that the builder entity owns during the build-out of the community. As lots are taken down from the Developer, those lots are added to the SWP3 and added to the lots which require inspections. These lots are also removed from the developer’s SWP3 and from his inspections. As lots are sold to the home buyer, those lots are removed from the builder’s SWP3. As a Permited Operator, each builder must install controls to reduce pollutant discharge from their Permitted lots as well as perform the required site inspections. A list of currently owned lots must be kept up to date either on the inspection report or within the SWP3.
Do I have to inspect my project?
The TCEQ Permit requires that all Permitted sites be inspected. Inspections must commence once the earth disturbing activities begin. The inspections can cease once the Permit coverage is terminated. The Permit allows for the choice of 2 inspection schedules.
Every 7 days.
Every 14 days and within 24 hrs of a 1/2” storm event.
The Permit does allow the modification of the inspection schedule once per month, provided the SWP3 is updated with the new schedule.
The “Common Plan”
Brief explanation of this term in the context of construction stormwater permitting rules.
A construction activity is part of a larger common plan of development if it is completed in one or more of the following ways:
in separate stages
in separate phases
in combination with other construction activities
It is identified by the documentation that identifies the scope of the project including such things as the following:
plats
blueprints
marketing plans
contracts
building permits
public notice or hearing
zoning requests
It can include one operator or many operators.
Example: A subdivision is being built. You are grading 0.75 acres, another company is clearing 4 different acres, and a contractor is excavating another 0.5 acres. In this case, the total area that would be disturbed is 5.25 acres, so each operator would fall under the requirements associated with disturbing 5 or more acres.
Who Needs a Permit?
Who needs a permit
According to the TCEQ’s General Permit to Discharge under the TPDES, only sites that meet the definition of either Small Construction or Large Construction Activities have to develop a SWP3. These definitions are as follows:
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 (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. 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.)
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.)
If your site is less than an acre of disturbance and is not part of a “common plan of development” 1 acre or greater, you do not need to develop a SWP3 or generate any TCEQ paperwork.
Construction Support activities
In order to prepare a SWP3 that includes batch plant operations, the TPDES Permit TXR150000 Part II.A.2 states the following:
“Construction support activities authorized under this general permit are not commercial operations, and do not serve multiple unrelated construction projects. Discharges of stormwater runoff from construction support activities may be authorized under this general permit, provided that the following conditions are met:
the activities are located within one (1) mile from the boundary of the permitted construction site and directly support the construction activity;
a 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
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.”
If the plant site meets the requirements above, pursuant to the Permit’s provision in Part III - “Individual operators at a site may develop separate SWP3s that cover only their portion of the project, provided reference is made to the other operators at the site. “, a SWP3 can be generated specifically for the paving operations on the site. The total area to be paved along with the area of the plant site will constitute the SWP3’s disturbed area. The plant site will be classified as a “Construction Support Activity” within the SWP3. As such, it will not require separate permitting under TXR050000. It must be inspected along with the paving operations. The plant site will require effluent testing of discharge as required by TXR150000 Section A:
“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.
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.A grab sample shall be collected from the stormwater discharge resulting from a storm event that is at least 0.1 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.“
In an effort to reduce the likelihood of discharge from the batch plant site, the erosion control plan will show the creation of an earthen perimeter berm 18”-24” tall around the entire plant site. The erosion control plan will show a minimum of one stabilized construction entrance at the plant site to provide for traffic egress.
In order to terminate Permit coverage for this SWP3, all paving operations will need to have been completed, the entrance and earthen berm will need to be removed and the area disturbed at the plant site will need to reach final stabilization.