Permit Renewal Brings New Rules (2023 TXR150000 Summary)
Key operational changes in the 5-year TPDES General Permit renewal: daily dewatering evaluations, dated corrective action logs, multi-day rain rules, waste cover rules, and adverse condition exceptions.
Every five years, the Texas General Permit to Discharge Under the Texas Pollutant Discharge Elimination System (TPDES) is renewed. With each renewal, certain operational items receive heightened attention from the TCEQ and municipal MS4 inspectors. Below are the five major areas that affect day-to-day site operations:
1. Dewatering Observations and Evaluation (Part III.F.7)
The TCEQ requires a dewatering observations and evaluation report to be performed at least once per day on the days in which dewatering discharge activities occur. Dewatering is defined as “[t]he act of draining accumulated stormwater or groundwater from building foundations, vaults, trenches, and other similar points of accumulation.”
To conduct a dewatering evaluation, personnel must: (1) be knowledgeable of the general permit, (2) be knowledgeable of the construction activities at the site, and (3) be knowledgeable of the site’s SWP3. If ProTex develops your SWP3, a sample Dewatering Inspection report is included in Appendix G (and available to download in our FAQ).
- i. Date of the observations and evaluation;
- ii. Name(s) and title(s) of personnel making the observations and evaluation;
- iii. Approximate times the dewatering discharge began and ended on the day of inspection (or indicate if continuous after business hours);
- iv. Estimates of the rate (in gallons per day) of discharge on the day of the inspection;
- v. Whether or not any indications of pollutant discharge were observed at the point of discharge (foam, oil sheen, noticeable odor, floating solids, suspended sediments, etc.);
- vi. Major observations (erosion/sediment discharges, BMPs needing maintenance, failed BMPs, and locations where additional BMPs are needed);
- vii. Actions taken as a result of the dewatering observations and evaluations, including the date of actions taken.
2. Date of Action(s) Taken Must Be Retained Within the SWP3
While describing corrective actions taken as a result of inspections has always been required, the permit now explicitly requires the DATE of the corrective action to be recorded. ProTex provides a Corrective Action Log and formats inspection reports with an action-date box adjacent to each deficiency photo.
The SWP3 and site map must be revised within seven (7) days based on inspection results, and field implementation must occur before the next storm event if practicable.
3. Rain Event Inspection Frequency
If multiple separate rain events occur within a 24-hour period and total 0.5 inches or more, a rain event inspection must occur. Furthermore, for extended multi-day rain events that produce ≥1.0 inch over more than 24 hours (≥0.5" in the first 24 hours and ≥0.5" in subsequent 24-hour periods), two rain event inspections are required: one within 24 hours of the first qualifying day and another within 24 hours after the last day of the storm event.
ProTex does not perform rain event inspections and strongly recommends the 7-day inspection schedule where local MS4 ordinances allow it.
4. New Pollution Prevention & Good Housekeeping Measures
- Minimize exposure of wastes at the end of each workday and during storm events: Open waste containers without lids that could leak must be covered by a tarp, plastic sheeting, or temporary roof.
- Daily waste cleanup: Wastes must be cleaned up and disposed of in designated containers on days of operation, and immediately if containers overflow.
- Positioning of portable toilets: Portable toilets must be staked/secured so they cannot tip over and must be located away from surface waters, streets, and stormwater inlets/conveyances.
- Reportable spills: Releases of hazardous substances or oil meeting 40 CFR Parts 110, 117, or 302 thresholds within 24 hours require immediate notification to the National Response Center at (800) 424-8802 and written documentation in the SWP3 within 7 calendar days.
5. Adverse Condition Exception
Inspections (both routine and dewatering) may be temporarily suspended when conditions are dangerous to personnel (high winds, lightning) or prohibit access (flooding, freezing). You must document in the SWP3:
- The date and time of the adverse condition;
- Names of personnel who witnessed the adverse condition; and
- A narrative describing the nature of the adverse condition.