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.