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RE 2008-0122.1 RESOLUTION NO. 2008-0122.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ADOPTING A STORM WATER MANAGEMENT PLAN FOR THE PURPOSE OF MEETING COMPLIANCE GOALS OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) PHASE II MUNICIPAL STORM WATER REQUIREMENTS, AND AUTHORIZING THE MAYOR TO SIGN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell is required to submit a storm water management plan in accordance with Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code. WHEREAS, the City of Coppell will comply with the General Permit and the requirements put forth by the Texas Commission on Environmental Quality. WHEREAS, the purpose of the storm water management plan is to prevent pollution in storm water to the maximum extent practicable and effectively prohibit illicit discharges to the system. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of Coppell hereby adopts the Storm Water Management Plan, as prepared in conjunction with the City's consultant, containing the necessary components to comply with the requirements of the Texas Commission on Environmental Quality (TCEQ) Phase II Municipal Storm Water Plan, dated January 22, 2008, a copy of which is attached hereto and incorporated herein by reference. SECTION 2. That the Mayor is also hereby authorized to sign the official document that will be presented to the Texas Commission on Environmental Quality (TCEQ) which hereinafter shall be referred to as the "City ofCoppell Storm Water Management Plan." SECTION 3. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provide. nUL y PASSED and approved by the City Council of the City of Coppell, Texas, on thisthe 22.~ daY?~008. ATTEST: ~f3r:J/ / ALL ITYSECRETARY THE,CiTY.OF corrELL / ~ A .; .\ \ ~ STORMWATER MANAGEMENT PLAN for THE CITY OF COPPELL In Association with Northwest Dallas County Flood Control District February 1, 2008 Prepared by: ~.4.. Mehta West Brashear Group LLC "YV Consulting Engineers tf Mehta West Brashear Group LLC Consulting Engineers February 1, 2008 Mr. Kenneth M.GriffIn, PE. City Engineer - City of Coppell 255 East Parkway Blvd. Coppell, Texas 75019 RE: Storm Water Management Plan for The City of Coppell, Texas in Association with The North Dallas County Flood Control District Dear Mr. GriffIn: Mehta West Brashear Group LLC has been pleased to assist the City of Coppell with the completion of their Storm Water Management Plan (SWMP) as required by the Texas Commission on Environmental Quality for coverage under the TPDES General Permit No. TXR04000. This permit allows for discharge of storm water directly into the surface waters of the State. The attached SWMP fulfills the portion of the permit requirement to develop an overall Storm Water Management Program and includes the six (6) mandatory Minimum Control Measures to reduce the discharge of pollutants and protect the quality of surface water. The SWMP outlines the Five-Year schedule for implementation of the Management Program. The SWMP will be submitted along with the Notice of Intent for coverage under the General Permit. We appreciate the opportunity to work with the City of Coppell on this project. Should you or any of your staff have questions or comments regarding the SWMP or any other related issues, please do not hesitate to call me at (972)-392-7340 (office) or (972)-603-6653 (mobile) at your convenience. 11; C. RaaJan Mehta, PE. Principal - Mehta West Brashear Group LLC Attachment Cc: File Copy 41 4 1 B L U E L\ K E C I R C L E, S T E. 1 33 . D.-\ L L\ S, T X . 75244 PH 0 N E: 2 1 4 . 22 1 . 3 424 . F.-\ X: 2 1 4 . 5 5 0 . 25 3 6 9 TABLE OF CONTENTS Executive Summary Legal Authority Permit Coverage Area Storm Water Management Program Letter Agreement 1.0 Background And Introduction 2.0 Minimum Control Measures 2.1 Public Education And Outreach 2.1.1 Permit Requirement 2.1.2 Existing Public Education Programs And BMPs 2.1.3 Enhancements And Additional BMPs For Public Education And Outreach 2.1.3.1 BMP1 - City Desk Storm Water Quality Measures 2.1.3.2 BMP2 - Municipal Website Storm Water Information 2.1.3.3 BMP3 - Storm Drain Labeling 2.1.4 Measurable Goals And Implementation Schedule 2.1.5 Annual Reporting 2.2 Public Involvement/Participation 2.2.1 Regulatory Requirement 2.2.2 Existing Pump Involvement/Participation Programs And BMPs 2.2.3 Enhancements And Additional BMPs For Public Involvement 2.2.3.1 BMP1 - Comply With State And Local Public Notice Requirements 2.2.4 Measurable Goals And Implementation Schedule 2.2.5 Annual Reporting 2.3 Illicit Discharge Detection And Elimination 2.3.1 Regulatory Requirement 2.3.2 Existing Illicit Discharge Detection And Elimination Programs And BMPs 2.3.3 Enhancements And Additional BMPs For Illicit Discharge Detection And Elimination 2.3.3.1 BMP1 - Program To Detect And Eliminate Illicit Discharges 2.3.3.2 BMP2 - Storm Sewer System Map 2.3.3.3 BMP3 - Illicit Discharge Ordinance 2.3.4 Measurable Goals And Implementation Schedule 2.3.5 Annual Reporting 2.4 Construction Site Storm Water Controls 2.4.1 Regulatory Requirement 2.4.2 Existing Construction Site Storm Water Controls Programs And BMPs 2.4.3 Enhancement And Additional BMPs For Construction Site Storm Water Controls 2.4.3.1 BMP1 - Erosion And Sedimentation Control Code 2.4.3.2 BMP2 - Site Inspection 2.4.3.3 BMP3 - Reporting Hotline City ofCoppell Storm Water Management Plan Revised 02/01/2008 2.4.4 Measurable Goals And Implementation Schedule 2.4.5 Annual Reporting 2.5 Post Construction Storm Water Management For New Development / Redevelopment 2.5.1 Regulatory Requirement 2.5.2 Existing Post Construction Storm Water Management For New Development/Redevelopment Programs And BMPs 2.5.3 Enhancements And Additional BMPs For Post Construction Storm Water . Management For New Development/Redevelopment 2.5.3.1 BMP1-Evaluate And Update Ordinances 2.5.3.2 BMP2 - Update Plan Review And Inspection Programs 2.5.4 Measurable Goals And Implementation Schedule 2.5.5 Annual Reporting 2.6 Pollution Prevention/Good Housekeeping For Municipal Operations 2.6.1 Regulatory Requirement 2.6.2 Municipal Operations And Facilities Covered Under The SWMP 2.6.3 Existing Programs And Best Management Practices Pollution Prevention/Good Housekeeping For Municipal Operations 2.6.4 Enhancements and Additional BMPs for Pollution Prevention/Good Housekeeping 2.6.4.1 BMP1 - Program to Reduce or Eliminate Polluted Runoff From Municipal Operations 2.6.4.2 BMP2 - Training Program 2.6.4.3 BMP3 - Structural Control Maintenance 2.6.5 Measurable Goals and Implementation Schedule 2.6.6 Annual Reporting Appendix A - Urbanized Area Map Appendix B - Inter-local Agreement Appendix C - Resolution to Adopt the SWMP Appendix D - Summary Table Appendix E - TPDES General Permit City of Coppell Storm Water Management Plan 11 Revised 02/01/2008 - .. .. .. .. .. II .. .. rJI ~ r/II ,. ~ ~ ~ rJ rII r1' rJ tf' ", ", ~ wi' rJj ~ ~ ~ ", :: :: :: :: :: ~ EXECUTIVE SUMMARY A large portion of the City of Coppell is located within the Denton-Lewisville urbanized area as defined by the 2000 U.S. Census Bureau map and shown in Appendix A. The City is required to submit a storm water management plan (SWMP) in accordance with Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code. The Northwest Dallas County Flood Control District (NDCFCD) boundaries are located fully within the Coppell city limits as shown on the figure included in Appendix A. The NDCFCD is also required to submit an SWMP that covers the flood plain and drainage areas under its control. On August 13th, 2007 the Texas Commission on Environmental Quality (TCEQ) issued a General Permit under the Texas Pollutant Discharge Elimination System (TPDES). The permit authorizes Small Municipal Separate Storm Sewer Systems (MS4s) and MS4s located in an urbanized area, to discharge storm water and certain non-storm water discharges from their storm sewer system. The City of Coppell is designated as a small MS4 located in an urbanized area. As such, the City and the NDCFCD each have the option of applying for coverage under the TCEQ's General Permit or applying for an individual permit. In order to obtain coverage under the General Permit, the City and the NDCFCD must submit an application that consists of a Notice of Intent (NOI) and a SWMP. The City and District must submit individual NOIs but have the option of partnering in development, implementation and submittal of a joint SWMP. The City and the NDCFCD have agreed to joint development of the SWMP. A copy of the Inter- local Agreement is located in Appendix B. This document outlines the City of Coppell and the NDCFCD's program to develop, implement and enforce a SWMP. The program is designed to prevent pollution in storm water to the maximum extent practicable and effectively prohibit illicit discharges to the system. The SWMP addresses the six minimum control measures as required by the TCEQ Phase II program. The City researched existing ordinances, guidance manuals, materials, best management practices (BMPs), and current programs, and participated in the North Central Texas Council of Governments (NCTCOG) storm water workshops during 2001 and 2002 prior to selecting the BMPs for the program. The BMPs and measurable goals were selected based on the City's ability to effectively implement them in a way that is consistent with the City's needs, resources, and circumstances. LEGAL AUTHORITY The Coppell City Council adopted this SWMP through a resolution on January 22, 2008. A copy of the resolution is located in Appendix C. Coppell will manage runoff issues through the enactment of an ordinance to authorize a storm water management plan. The City, through adoption of Ordinance 2004-1070 has City of Coppell Storm water Management Plan Revised 02/01/2008 .. " " " " " - ~ II ,. I' if " - - " ,. fj - ~ " - - ~ rfJj .. if - ~ ", ", :: :: :: ;; established a municipal drainage system and a schedule of charges for all real property. Fees collected from the utility charges are used to pay for, and fully implement this SWMP. PERMIT COVERAGE AREA According to the 2000 U.S. Census Bureau urbanized area map, the western one-quarter of the City in not within a designated urban area, and the area has not been individually designated by the TCEQ. The storm water management plan encompasses all areas of the City and the NDCFCD within the designated urbanized area as shown on the Figure in Appendix A. STORM WATER MANAGEMENT PROGRAM The plan outlines the Minimum Control Measures to prevent storm water pollution as required under the TPDES General Permit. The plan details the existing Best Management Practices (BMPs) currently implemented by the City of Coppell and details the future enhancement of the existing BMPs and the resulting measurable goals that can be achieved, which will lead to reductions in pollutants discharged to the storm sewer system. A summary table of the implementation of each Minimum Control Measure (MCM) and associated BMP is located in Appendix D. The table outlines the implementation schedule over the 5-year permit term. REPORTING REQUIREMENTS Coppell, in association with the NDCFCD will submit a concise annual report for each year of the permit term. The report will include the status of compliance with the permit conditions, an assessment of the appropriateness of the BMPs and progress towards achieving the measurable goals for each of the minimum control measures. City of Coppell Storm water Management Plan 2 Revised 02/01/2008 ; - If - .. ~ iI Ii r/I rJ r/I " ~ '" " rlI - ~ r/I wi' ~ ", .- .. rJ rJ) :: r1! ..... 1.0 BACKGROUND AND INTRODUCTION The City ofCoppell was incorporated in 1955. It covers 14.7 square miles and is located at Latitude 320 58' 10" and Longitude 960 59' 35". The topography is relatively flat with ground elevations ranging from approximately 550 feet above mean sea level to 420 feet above mean sea level. As seen in Figure located in Appendix A, the City contains three major tributaries that ultimately drain into the Elm Fork of the Trinity River along the eastern City limits. Approximately 5.4 square miles of the City is drained by Grapevine Creek, and approximately 7.9 square miles of the City is drained by Denton Creek, including 2.8 square miles drained by Cottonwood Branch, a major tributary of Denton Creek. The remaining 1.7 square miles drains directly into the Elm Fork of the Trinity River. The Northwest Dallas County Flood Control District (NDCFCD), the Denton County Levee Improvement District No.1, and the Irving Flood Control District are all located within the City limits. The Northwest Dallas County Flood Control District contains :t 610 acres and is located fully within the city limits of Coppell as shown on the Figure in Appendix A. The Denton County Levee Improvement District No. 1 contains :t 940 acres, with :t 60 acres located in Coppell. These Districts were created to provide flood protection to the area to allow for development property of within the District and to ensure the necessary maintenance in the floodplain. On August 13th, 2007 the Texas Commission on Environmental Quality (TCEQ) issued a General Permit (copy located in Appendix E) under the Texas Pollutant Discharge Elimination System (TPDES). The permit authorizes Small Municipal Separate Storm Sewer Systems (MS4s) and MS4s located in an urbanized area, to discharge storm water and certain non-storm water discharges from their storm sewer system. The City of Coppell is designated as a small MS4 located in an urbanized area. As such, the City and the NDCFCD each have the option of applying for coverage under the TCEQ's General Permit or applying for an individual permit. In order to obtain coverage under the General Permit, the City and the NDFCD must submit an application that consists of a Notice of Intent (NOI) and a SWMP. The City and the NDFCD must submit individual NOIs but have the option of partnering in development, implementation and submittal of ajoint SWMP. The City and District have agreed to joint development of this SWMP. The Inter-local Agreement between the City of Coppell and the NDCFCD outlining the shared and individual responsibilities of the implementation of this plan is located in Appendix B. Key City of Coppell ordinances and guidance that may be affected by the Storm Water Management Program are: . Subdivision Ordinance . Erosion and Sedimentation Control Code Ordinance City of Coppell Storm water Management Plan Revised 02/01/2008 E II .. it .. - " " . . .. ij ~ rfj iJj rfj ij rJj iJ rf' ,. ~ r1J - .. .. - ", ~ .. ", - . Comprehensive Zoning Ordinance . Storm Drainage Design Criteria . Standard Construction Details Code . Floodplain Management Ordinance The above referenced ordinances and guidance may need revising to address elements of the Storm Water Management Program. The TPDES General Permit issued by the TCEQ on August, 13th of 2007 lists seven (7) Minimum Control Measures (MCMs) to be implemented by the owner and operator of a small MS4. The MCMs are as follows: 1. Public Education and Outreach 2. Public InvolvementlParticipation 3. Illicit Discharge Detection and Elimination 4. Construction Site Storm Water Controls 5. Post Construction Storm Water Management for New Development/Redevelopment 6. Pollution Prevention/Good Housekeeping for Municipal Operations 7. Authorization for Municipal Construction Activities MCMs I through 6 are required to be addressed within the SWMP. MCM 7 is optional and dependant on the discretion of the MS4 Owner as to the applicability. Section 2.0 addresses the following Permit Requirements for the SWMP pertaining to each MCM: . The existing BMPs currently implemented by the City of Coppell. . Details of the further enhancement of existing BMPs and/or the addition of one or more BMPs. . Measurable goals for each BMP . The responsible City Department and/or personnel responsible for implementation. . A schedule for the implementation of the BMPs of the 5-year term of the permit. . Summary of information to be included in the SWMP Annual Report. City of Coppell Storm water Management Plan 2 Revised 02/01/2008 . :: = :: := .. :: rfIj ~ 2.0 MINIMUM CONTROL MEASURES 2.1 Public Education and Outreach 2.1.1 Permit Requirement Thefollowing is a summary of the TCEQ's requirementfor Public Education and Outreach MCM: Implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities that will inform the public. The MS4 operator may determine the most appropriate sections of the population at which to direct the program. The MS4 operator must consider the following groups and the SWMP shall provide justification for any group that is not listed in the program: 1. Residents 2. Visitors 3. Public Service Employees 4. Businesses 5. Commercial and Industrial Facilities 6. Construction Site Personnel The outreach must inform the public about the impact that storm water run-off can have on water quality, hazards associated with illegal discharges and improper disposal of waste, and steps that they can take to reduce pollutants in storm water runoff. The MS4 operator must document activities conducted and materials used to fulfill the control measure. Documentation shall be detailed enough to demonstrate the amount of resources used to address each group. This documentation shall be retained in the annual reports required as part of the General Permit. 2.1.2 Existing Public Education Programs and BMPs The City is currently providing public education programs associated with storm water issues to residents in the following ways: 1. The Community Programs Office is lead by the Community Program Supervisor who oversees several programs to educate the public on storm water issues. The Community Programs Office promotes landscape management that reduces the discard of yard waste into the storm drainage system and reduces yard chemical runoff into the drainage system These programs are as follows: City of Coppell Storm water Management Plan 3 Revised 02/01/2008 · The Community Programs Supervisor is a TCEQ Yard Wise Coordinator and teaches two classes per year on Texas Smartscape. Local landscape companies are requested to send crews to learn about lawn and garden activities to reduce impact to storm water. The Texas SmartScape CD is also available to residents. Residents are informed of the classes and CD through media coverage, recreation program guides, the City Desk, the local cable channel, and the website. · The Community Programs Office manages a Community Organic Recycling Education (CORE) program which sponsors programs on composting, lawn and garden activities, and proper organic recycling methods. CORE has a page on the City's website. · The Community Programs Office sponsors the Coppell Community Gardens. There are two sites that offer continuing education on composting, organic gardening and proper pesticide management methods. The gardens have approximately 1000 visitors a year. · The Community Programs Office coordinates information for C-LINK, the City's 24-hour telephone information line. Information related to storm water discharges includes recycling, the Community Gardens, street sweeping, and drainage maintenance. C-LINK has the capability to fax related documents and information, and receives citizen response and request for services messages. Residents and businesses are informed of C-LINK through the available brochure and the City's website. 2. The Parks and Leisure Services Department posts ordinance signs in all of the public parks associated with the removal and proper disposal of animal feces. 3. The City is a participant in the voluntary cooperative purchase of plastic storm drain markers sponsored by NCTCOG. The Environmental Health Division is currently responsible for the placement of the storm drain markers. They have placed 130 markers in the last two years. 4. The Engineering Department requires and oversees Pre-Construction meetings attended by all General Contractors performing construction within the City of Coppell. The meetings include detailed discussion of the implementation of Storm water Pollution Prevention Plans and Sediment and Erosion Control Plans. 2.1.3 Enhancements and Additional BMPs for Public Education and Outreach The City implements BMPs that target homeowners, community businesses, and the general public. The ultimate goal of educational BMPs is to raise citizen awareness of City ofCoppell 4 Revised 02/01/2008 Storm water Management Plan common daily activities, such as illegal dumping and yilfd care, that can adversely impact water quality and to prevent those seemingly harmless activities from becoming causes of water pollution. To comply with the requirements of the TPDES General Permit, each BMP will have associated Measurable Goals. Each BMP will have oversight of the appropriate City Staff and the measurable goals will be documented and included in the SWMP Annual Report. 2.1.3.1 BMP1- City Desk Storm Water Quality Messa2es Coppell will use the City Desk newsletter that is included in each water bill mailing to post messages pertaining to the storm water management program that are of interest to the general public, such as proper management of pesticides and fertilizers, prevention of littering, storm water quality, and public reporting of illicit discharges and dumping. Utilizing the City Desk will allow the City to reach a diverse audience. The messages may be repeated periodically throughout the 5-year permit period. Measurable Goals Post two storm water quality related messages per year during each permit year. Responsible Persons The Community Information Officer is responsible for implementation of Public Education BMP 1 to meet the Measurable Goal. 2.1.3.2 BMP2 - Municipal Website Storm Water Information Coppell will use the municipal website to inform the public about the storm water management program. It will include general storm water quality information, as well as topics of interest to the general public, such as proper management of pesticides and fertilizers, prevention of littering, and public reporting of illicit discharges and dumping. The topics may be repeated periodically throughout the 5-year permit period. Measurable Goals Develop a page on the City's website for the storm water management program in Permit Year 2. The site will be updated in the remaining permit years. The City will create a new e-mail address that will be dedicated for receiving questions and concerns about the program that are expressed on the website. Responsible Persons The City Engineer is responsible for implementation of Public Education BMP2 to meet the Measurable Goal. City of Coppell Storm water Management Plan 5 Revised 02/01/2008 2.1.3.3 BMP3 - Storm Drain Labelin2 Label residential storm drain inlets with message "This Drain For Rain, Flows To Creek, Don't Dump" or similar message, using curb markers purchased from NCTCOG to promote awareness about storm drain outflow. The curb markers are plastic UV resistant disks that have a considerable life span. Measurable Goals Label the residential storm drains each year during Permit Years 1 through 5. This BMP will be evaluated by documenting the number of labels installed on storm drains per year. Responsible Persons The City Engineer is responsible for implementation of Public Education BMP3 to meet the Measurable Goal. 2.1.4 Measurable Goals and Implementation Schedule TARGET DATE ACTIVITY Year One · Post 2 storm water quality messages in the City Desk. · Begin labeling the residential storm drains. Document the number of drains labeled. · Make training in waste management practices available to local school teachers. · Continue current public education programs and affiliations. Document the number of events and the number of eo Ie attendin · Post 2 storm water quality messages in the City Desk. · Develop page on the municipal web site with storm water quality information. · Continue labeling of the residential storm drains. Document the number of drains labeled. · Continue current public education programs and affiliations. Document the number of events and the number of eo Ie attendin Year Two City of Coppell Storm water Management Plan 6 Revised 02/01/2008 - - .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. . .. .. .. .. .. .. .. .. .. .. ~ TARGET DATE ACTIVITY . Post 2 storm water quality messages in the City Desk. . Update website with storm water quality information. Year Three . Continue labeling of the residential storm drains. Document the number of storm drains labeled. . Continue current public education programs and affiliations. Document the number of events and the number of people attending. . Post 2 storm water quality messages in the City Desk. . Update website with storm water quality information. Year Four . Continue labeling of the residential storm drains. Document the number of storm drains labeled. . Continue current public education programs and affiliations. Document the number of events and the number of people attending. . Post 2 storm water quality messages in the City Desk. . Update website with storm water quality information. Year Five . Continue labeling of the residential storm drains. Document the number of storm drains labeled. . Continue current public education programs and affiliations. Document the number of events and the number of people attending. 2.1.5 Annual Reporting The City of Coppell will document all of the SWMP actlVltIes pertaining to Public Education and Outreach. Documentation will be placed in the SWMP Annual Report and will include, but may not be limited to the following items: · Documentation of announcements, agendas and handouts from the Texas Smartscape classes · Visitor counts for the Coppell Community Gardens · Documentation from the "Keep Coppell Beautiful Committee" meetings · Documentation of storm water related faxes and information derived from the C- Link information hotline, as well as written transcripts of any storm water related messages left by callers. · Count of the number of storm drain markers placed on residential inlets · Documentation of the City Desk Newsletters containing storm water information · Summary of the Web Page containing storm water information City of Coppell Storm water Management Plan 7 Revised 02/01/2008 - -" ~ ~_..... -,. .. s = .- .. S :: :: :: ~ s :: ~ :: ~ .- r/j ~ :: s s :: 'rII 2.2 Public Involvement/Participation 2.2.1 Regulatory Requirement Thefollowing is a summary of the TCEQ's requirementfor Public Involvement! Participation MCM: The MS4 operator must, at a minimum, comply with any state and local public notice requirements when implementing a public involvement/participation program. It is recommended that the program include provisions to allow all members of the public within the small MS4 the opportunity to participate in the SWMP development and implementation. 2.2.2 Existing Public Involvement/Participation Programs and BMPs The public has been invited to participate in the development of the SWMP. An article detailing the SWMP was posted on the City ofCoppell webpage in November 2002. The article informed readers about the upcoming regulations and the six minimum and one optional control measures. The SWMP was presented to the City Council during the work session on January 8, 2008. The finalized SWMP was presented to the City Council on January 22, 2008 and adopted by the City. All meetings were open to the public. Both meetings were open to the public and provided an opportunity to discuss various viewpoints and provide input concerning appropriate storm water management policies and BMPs. Further, the adopted SWMP will permanently be posted on the website and remain open for public review and comment. The site will also contain the contact information for which the public can direct comments and input directly to the City Staff. 2.2.3 Enhancements and Additional BMPs for Public Involvement The public will be included in continued development, review, and implementation of the SWMP. 2.2.3.1 BMPl - Complv with State and Local Public Notice Reauirements The City will comply with state and local public notice requirements when implementing a public involvement/participation program. The required public notices will be prepared and published by the City Engineer. The Community Information Officer will convey the notices to the Public via local television, mailing inserts, etc. City of Coppell Storm water Management Plan 8 Revised 02/01/2008 .. II ,. .- ", ~ ", ", r/I ", r/I ~ r/I ~ .- :: WI s " ~ s :: iI@ Measurable Goals ... The measurable goal for implementation of BMP 1 is to provide state and local required public notice in the process of implementing a public involvement/participation program. Responsible Persons The City Engineer is responsible for publishing required legal notices and the Community Information Officer will relay notices via local television and mail-outs to meet the Measurable Goal for BMP 1. 2.2.4 Measurable Goals and Implementation Schedule TARGET DATE Year One Year Two Year Three Year Four City of Coppell Storm water Management Plan ACTIVITY . Provide State and local Required Public Notices for meetings, hearings and publications regarding storm water management. Post the SWMP for Public Review at the Office of the City Secretary. A copy will be posted on the city web site. Document the public input regarding the SWMP and responses to comments and in ut b en ineerin staff. Continue to Provide State and local Required Public Notices for meetings, hearings and publications regarding storm water management. Post the updated to the SWMP (if plan is updated) for public review and comment at the Office of the City Secretary. A copy will be posted on the city web site. Post SWMP Annual Re ort for ublic review and comment. Continue to Provide State and local Required Public Notices for meetings, hearings and publications regarding storm water management. Post the updated to the SWMP (if plan is updated) for public review and comment at the Office of the City Secretary. A copy will be posted on the city web site. Post SWMP Annual Re ort for ublic review and comment. Continue to Provide State and local Required Public Notices for meetings, hearings and publications regarding storm water management. Post the updated to the SWMP (if plan is updated) for public review and comment at the Office of the City Secretary. A copy will be posted on the city web site. Post SWMP Annual Re ort for ublic review and comment. 9 Revised 02/01/2008 . . . . . . . . . . . ~ "111 .. .. -- = II .. .. .. rfJj rI' r/I rI' rI' rJj S :: ~ r/j '" .. .. '" .. .. .. .. .. .. .. '" ~ - = ~ TARGET DATE ACTIVITY . Continue to Provide State and local Required Public Notices for meetings, hearings and publications regarding storm water Year Five management. . Post the updated to the SWMP (if plan is updated) for public review and comment. . Post SWMP Annual Report for public review and comment. 2.2.5 Annual Reporting The City of Coppell will document all of the SWMP actIvItIes pertammg to Public Involvement. Documentation will be placed in the SWMP Annual Report and will include, but may not be limited to the following items: · Documentation of announcements, agendas and minutes from all public hearings and meetings pertaining to storm water management · Summary of the web page showing posting of the SWMP and Annual Report · Documentation of any written comments or input from the Public pertaining to storm water management along with documentation of the City Staffs response. City of Coppell Storm water Management Plan 10 Revised 02/0 I /2008 rfj ", WI WI .. rfj rfj .. .- ., ., :: :: :: ., .- :: tfI :: 2.3 Illicit Discharge Detection and Elimination 2.3.1 Regulatory Requirement The following is a summary of the TCEQ's requirement for Public Involvement! Participation MCM: Illicit Discharges: A section of the SWMP must be developed to establish a program to detect and eliminate illicit discharges to the MS4. The SWMP must include the manner and process to be used to effectively prohibit illicit discharges. To the extent allowable under state and local law, an ordinance or other regulatory mechanism must be utilized to prohibit and eliminate discharges. Elements must include: 1. Detection - The SWMP must list the techniques used for detecting illicit discharges. 2. Elimination - The SWMP must include appropriate actions and, to the extent allowable under state and local law, establish enforcement procedures for removing the source of an illicit discharge. Allowable Non-Storm Water Discharges Non-storm water flows listed in Part II.B and Part VI.B do not need to be considered by the MS4 operator as an illicit discharge requiring elimination unless the operator of the MS4 or the Executive Director identifies the flow as a significant source of pollutants to the MS4. In lieu of considering non-storm water sources on a case-by-case basis, the MS4 operator may develop a list of common and incidental non-storm water discharges that will not be addressed as illicit discharges requiring elimination. If developed, the listed sources must not be reasonably expected to be significant sources of pollutants either because of the nature of the discharge of the conditions that are established by the MS4 operator prior to accepting the discharge to the MS4. If this is developed, then all local controls and conditions established for these listed discharges must be described in the SWMP and any changes to the SWMP must be included in the SWMP Annual Report. Storm Sewer Map A map of the storm sewer system must be developed and must include the following: 1. Location of all outfalls. 2. The names and location of all waters of the U.S. that receive discharges from the outfalls. 3. Any additional information used needed by the permit holder to implement its SWMP. City of Coppell Storm water Management Plan 11 Revised 02/01/2008 The SWMP must include the source of information used to develop the storm sewer map, including how the outfalls are verified and how the map will be regularly updated. 2.3.2 Existing Illicit Discharge Detection and Elimination Programs and BMPs Enforcement: Coppell relies on the following ordinances as legal authority to prevent spills, dumping, or disposal of materials on the roadways and on public and private property, which includes the storm sewer and drainage systems: 1. It shall be unlawful for any person to deposit garbage, trash, rubbish, discarded building materials, waste from building sites, stagnant water or dead animals upon or along any drain, gutter, alley, sidewalk, street, or vacant lot, or upon any public or private premises within the corporate limits of the city. It is unlawful for any person owning or being in charge of property within the city to allow such property to be used as a landfill without express authority from the city council and the issuance of a permit by the city. This provision does not, however, apply to the use of fill composed of dirt, sand and gravel (Ord. No. 92559). 2. It shall be unlawful for any person while driving or a passenger in a vehicle to throw or deposit inorganic trash, garbage or rubbish of any kind upon any street, street right- of-way, or other public place within the city or upon private property. Any person who drops or permits to be dropped or thrown upon any street any trash, rubbish or injurious metal material shall immediately remove the same or cause it to be removed (Ord. No. 92559). 3. It shall be unlawful for any person to drive or move any truck or other vehicle within the city, unless such vehicle, is so constructed or loaded so as to prevent any load contents, including trash, rubbish or garbage from being blown or deposited upon any street,. street right-of-way, alley, or any other public or private property within the city.(Ord. No. 92559) 4. It shall be considered a public nuisance and shall be unlawful to permit or allow an animal to defecate upon private or public property other than the property of the owner of said animal; and to fail to remove and dispose of in a sanitary manner any feces left by such animal (Ord. No. 95687). 5. Unless authorized by the Texas Natural Resource Conservation Commission (TNRCC), no person shall deposit or discharge any waste on public or private property into or adjacent to any natural outlet, watercourse, storm sewer, or any other area within the jurisdiction of the City of Coppell (Ord. No. 95698). City of Coppell Storm water Management Plan 12 Revised 02/01/2008 The Engineering Department, Environmental Health Division, Building Inspections Department, and the Police Department enforce the above mentioned laws and ordinances that protect the storm water drainage systems from spills and illegal dumping. Detection and Elimination: The City currently uses the preventive practices of thorough inspection and verification during the entire construction phase to try and avoid the need for more extensive detection of illicit connections. The Environmental Health Division and/or the Building Inspections Department respond to reports of illicit connections at the time they are reported. Allowable Non-Storm Water Discharges The City of Coppell understands that there are allowable non-storm water discharges that enter the storm sewer and drainage systems. At present, the City will only allow the non- storm water discharges listed in Part II.B and Part VI.B of the TPDES General Permit (copy located in Appendix E) to be excluded as an illicit discharge. Any other non-storm water discharge will be considered for exclusion as an illicit discharge on a case-by-case basis. Storm Sewer Map The Engineering Department has mapped the existing storm sewer and roadway systems in a GIS format from as-built construction plans and City records. Approximately 88 miles of storm sewer pipe that is owned and maintained by the City of Coppell and the NDCFCD are currently mapped. The GIS map attributes include the location, length, size, age, and type of material of the pipes and the location, size and type of the inlet structures. 2.3.3 Enhancements and Additional BMPs for Illicit Discharge Detection and Elimination 2.3.3.1 BMPl - Program to Detect and Eliminate Illicit Discharges The City will evaluate existing procedures and develop and implement a program to detect and eliminate illicit discharges to the storm sewer system. Field staff from Public Works, Parks and Recreation, Environmental Health, and Engineering will be provided with water quality observation cards to be carried in every City vehicle. The staff will receive initial training and annual refresher training conducted by the Engineering Department, to be aware of signs of illicit discharges. Field staff will be instructed to use the cards to document unusual dry weather flows (those not classified as allowable non- storm water discharges), illegal dumping, sewage overflows, or anything else unusual. City of Coppell Storm water Management Plan 13 Revised 02/01/2008 - lit .. ,. i = f/I f/I f/I {II ffj {I iI S I {/j .. rJj ;jj rJ) rJj r1I rJj rJj .- .- Once an observation card is completed by field staff, it will be submitted to the City Engineer for further investigation. Engineering staff will work to identify the source of the discharge and remove and/or correct the discharge or connection if it is within the City's jurisdiction. If the discharge or connection originates from a private source, the proper enforcement division will be contacted to respond. A database to document the number of investigations conducted and the number of illicit connections or discharges addressed will be maintained by the City Engineer. Information from the database may be transferred to the GIS storm sewer map to help identify problem areas. Measurable Goals Develop the water quality observation cards and formal training program in Year 1. Conduct the initial training and formally begin the observation and reporting program in Permit Year 2. Continue annual training and reporting through Permit Year 5. Responsible Persons The City Engineer is responsible for development and implementation of the illicit discharge program to meet the Measurable Goal. 2.3.3.2 BMP2 - Storm Sewer Svstem Map The existing GIS storm sewer map will be updated with newly constructed facilities and will be expanded to include man-made channels, ditches, the location of all outfalls, and the names and location of all waters of the United States that receive discharges from those outfalls. The information for the updates will be taken from as-built construction plans and a Global Positioning System (GPS) will be used to capture outfall locations. Citizen complaints, visual screening data, inspections, and the number of investigations will also be input into the GIS and a water quality database established. Measurable Goals Update the existing GIS storm sewer map during Permit Year 1 to include ditches, man- made channels, and all facilities constructed during the last three years; and locate, identify and map 33% of the outfall structures and receiving waters of the United States per year during Permit Years 2, 3 and 4. The map will be updated annually based on as- built construction plans. This BMP will be evaluated on its usefulness in determining the extent of illicit and non-storm water discharges and identifying the possible sources of the illicit and non-storm water discharges and the particular water bodies they may be affecting. City of Coppell Storm water Management Plan 14 Revised 02/01/2008 Responsible Persons The City Engineer IS responsible for implementation of this BMP2 to meet the Measurable Goal. 2.3.3.3 BMP3 - Illicit Discharge Ordinance Coppell will develop an ordinance to effectively prohibit illicit discharges and illegal dumping into the storm sewer system and implement enforcement response procedures and penalties for noncompliance. It will authorize access for municipal employees to storm sewers on private property for inspection and investigation purposes. If it is determined that any non-storm water discharges significantly contribute pollutants to the storm sewer system, the ordinance will prohibit those non-storm water discharges. Measurable Goals The City will evaluate existing ordinances associated with illicit discharges and illegal dumping and develop a draft ordinance in Permit Year 1. The City will determine if any non-storm water discharges are pollutants and finalize the ordinance in Permit Year 2. The ordinance will be implemented in Permit Year 3 and amended to include any additional non-storm water discharges identified as pollutants after Permit Year 2. Responsible Persons The City Engineer and the City Attorney are responsible for' development and implementation of the illicit discharge ordinance to meet Measurable Goal 2.3.3.3. City of Coppell Storm water Management Plan 15 Revised 02/01/2008 2.3.4 Measurable Goals and Implementation Schedule TARGET DATE ACTIVITY . Develop field water quality observation cards and field staff Year One training program. . Update the existing GIS storm sewer map. . Review existing ordinances and develop a draft illicit discharge management ordinance. . Conduct initial training program to detect and address non-storm water discharges and prohibit any significant pollutants. Year Two . Locate and identify the outfall structures and receiving waters of the U.S. and map in the GIS storm sewer map. Update map with storm water quality data and new facilities. . Finalize illicit discharge management ordinance. . Perform annual field staff training to detect and eliminate illicit discharges. Year Three . Continue to locate and identify the outfall structures and receiving water of the U.S. and map in the GIS storm sewer map. Update map with storm water quality data and new facilities. . Implement illicit discharge management ordinance. . Perform annual field staff training to detect and eliminate illicit Year Four discharges . Update GIS map with storm water quality data and new facilities. Year Five . Perform annual field staff training to detect and eliminate illicit discharges . Update GIS map with storm water quality data and new facilities. 2.3.5 Annual Reporting The City of Coppell will document all of the SWMP actIVItIes pertammg to Illicit Discharge Detection and Elimination. Documentation will be placed in the SWMP Annual Report and will include, but may not be limited to the following items: · Documentation of any completed and submitted Water Quality Observation Cards. City of Coppell Storm water Management Plan 16 Revised 02/01/2008 · Documentation of any Ordinance or Ordinance Revisions regarding enforcement of storm water issues. · Documentation of any corrective actions taken by the City of remove illicit connections and discontinue illicit discharges · Documentation of any public records regarding enforcement actions required to remove illicit connections and discontinue illicit discharges. · Documentation and description of any non listed allowable non-storm water discharge that was considered and accepted on a case-by-case basis. · General descriptions of modifications and updates to the storm sewer map. City of Coppell Storm water Management Plan 17 Revised 02/01/2008 2.4 Construction Site Storm Water Controls 2.4.1 Regulatory Requirement Thefollowing is a summary of the TCEQ's requirementfor Construction Site Storm Water Runoff Control: The MS4 operator, to the extent allowable under State and local law, must develop, implement, and enforce a program to reduce pollutants in any storm water runoff to the MS4 from construction activities that result in a land disturbance of greater than or equal to one acre or if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more of land. The MS4 operator is not required to develop, implement and/or enforce a program to reduce pollutant discharges from sites where the construction site operator has obtained a waiver from permit requirements under NPDES or TPDES construction permitting requirements based on a low potential for erosion. a) The program must include the development and implementation of, at a minimum, an ordinance or any other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under state and local law. b) Requirements for construction site contractors to, at a minimum: a. Implement appropriate erosion and sediment control BMPs; and b. Control waste such as discarded building materials, concrete truck washout water, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to the water quality. c) The MS4 operator must develop procedures for: a. Site plan review which incorporate consideration of potential water quality impacts; b. Receipt and consideration of information submitted by the public; and c. Site inspection and enforcement of control measures to the extent allowable under state and local law. 2.4.2 Existing Construction Site Storm Water Controls Programs and BMPs Coppell enforces the following ordinances to reduce pollutants in any storm water runoff to the storm sewer system from construction activities: 1. The City ofCoppell has adopted Ordinance No. 91514, an Erosion and Sedimentation Control Code to reduce erosion and sedimentation from private property onto public places and public right-of-way. The code applies to any person, firm, corporation or City of Coppell 18 Revised 02/01/2008 Storm water Management Plan business proposing to develop land or improve property within the City. It requires the developers to submit a plan that contains structural and operational BMPs and all other measures to reduce sedimentation in streams, waterways, storm drains, etc., protect the quality of water in Coppell, and provide for restoration of sites to reduce the negative environmental impacts of construction. The plan shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed grading on water resources, and the effectiveness and acceptability of measures proposed to minimize soil erosion and off-site sedimentation. In addition, the plan must be submitted to the City Engineer for approval prior to the commencement of construction and must be included in the engineering construction plans. Storm water controls are included in City inspections and noncompliance can be a cause for the City to issue a stop work order until the situation is remedied. The developer must provide a surety to the City to ensure that vegetative cover and other permanent erosion control measures are installed, maintained, and functioning properly for up to a two year period from the date of final acceptance. Any person found guilty of violating any of the provisions of the Code are subject to fines. 2. Ordinance No. 92559 declares it unlawful for the owner of the property, the developer of the property, the contractor and the franchise utility to allow litter, spillage, or tracking of dirt or other construction related material to occur through the transportation of construction/related trucks to and from construction sites anywhere within the city limits of City ofCoppell. Ifa litter-free construction area has not been maintained, and a warning by the proper City official has been given, the violator shall have until 5:00 p.m. the day of the warning to address the problem. Ifno action is forthcoming, a citation shall be issued. Each construction site shall contain a trash bin that will contain a minimum of216 cubic feet of trash. 3. Ordinance No. 91500-A-203 contains The Tree Preservation Requirements of the Comprehensive Zoning Ordinance provide for greater tree preservation and protection. Established trees provide important erosion control along drainage ways. The ordinance establishes rules and regulations governing the protection and preservation of established trees growing within the City, and regulates the removal and replanting of trees during development, construction and redevelopment. A tree removal permit is required when removal is deemed necessary. Assistance is provided to property owners, developers, and builders in understanding proper guidelines, methods, and regulations of tree preservation and protection within the city. The City Manager or his designee issues a notice if violation to persons firms, and corporations failing to comply with provisions of the ordinance which are adjudicated through the municipal court system. The Planning, and Parks and Recreation Departments, as part of the DRC, review all private plans to ensure compliance with the Tree Preservation Requirements. The Engineering Department, as part of the DRC, reviews all public and private construction City of Coppell 19 Revised 02/01/2008 Storm water Management Plan plans to ensure compliance with the erosion and sedimentation and litter control ordinances. They also review the plans with regard to potential water quality impacts. This department reviews and approves the civil plans and issues development permits for new construction. A pre-construction meeting is required for all public and private projects. The engineering inspector with responsibility for construction inspection of the project conducts the meeting and outlines sediment and erosion control requirements to the developer and the contractor. The frequency of inspections is based on construction activity at the site, or in response to observations by City staff or citizen complaints. 2.4.3 Enhancement and Additional BMPs for Construction Site Storm Water Controls 2.4.3.1 BMP1 - Erosion and Sedimentation Control Code Coppell will review the existing Erosion and Sedimentation Control Code to ensure compliance with the Phase II Rule. The City will review the Texas Pollutant Discharges Elimination System (TPDES) permit requirements for large and small construction activities and the NCTCOG Construction BMP Manual and look for opportunities to coordinate the ordinance with the federaVstate permits and the construction manual. The City will also review any other ordinances, regulations, and specifications affecting erosion and sedimentation control. If necessary, the ordinances, regulations, and specifications will be amended to ensure compliance with the Phase II Rule. Measurable Goals The measurable goal for implementation of BMP1 is to review existing ordinances in Permit Year 1. If necessary, the ordinances, regulations, and specifications will be updated and adopted in the Permit Year 2. Responsible Persons The City Engineer has responsibility for implementation of BMP 1 to meet the Measurable Goals. 2.4.3.2 BMP2 -- Site Inspections Coppell will review existing site inspection procedures and establish written procedures that contain appropriate frequencies for inspection of construction storm water BMPs as well as procedures for record keeping of inspections and compliance actions. Measurable Goals The City will establish site inspection procedures during Permit Year land implement the procedures during Permit Year 2. City of Coppell 20 Revised 02/01/2008 Storm water Management Plan Responsible Persons The City Engineer has responsibility for implementation of BMP2 to meet the Measurable Goal. 2.4.3.3 BMP3 - Reporting Hotline Coppell utilizes the same reporting hotline discussed in Illicit Discharge Detection and Elimination MCM for the public to report construction site problems. The number will be posted on the storm water webpage and in C-LINK. This will facilitate the ability of the public to provide information that will assist .in detection of problem discharges. The City will establish and implement procedures for addressing information submitted by citizens on the hotline and forwarding the information to City inspectors. The City will also establish procedures for record keeping of complaints and corrective actions taken. Measurable Goals The City will establish and implement procedures for addressing information submitted on the hotline in Permit Year 1 and set up and publicize the hotline in the Permit Year 2. This BMP will be evaluated by the number of citizen complaints received and addressed, and the number of corrective actions taken. Responsible Persons The City Engineer is responsible for the implementation of procedures to address information submitted on the hotline and the Community Information Officer is responsible for the set up of the hotline to meet the Measurable Goal. City of Coppell Storm water Management Plan 21 Revised 02/01/2008 2.4.4 Measurable Goals and Implementation Schedule TARGET DATE ACTIVITY . Review existing ordinances, regulations, and specifications for compliance with Phase II Rule. . Establish site inspection procedures for inspection of construction Year One storm water BMPs. . Establish and implement procedures for addressing information submitted by citizens on the hotline. . Document any citizen complaints and corrective action taken. . Document any stop work orders given. . Review the program and prescribe changes for succeeding permit term if necessary. . Update and adopt any necessary ordinances, regulations and specifications for compliance with Phase II Rule. . Implement procedures for site inspection. . Set up and publicize the hotline. Year Two . Document any citizen complaints and corrective action taken. . Document any stop work orders given. . Review the program and prescribe changes for succeeding permit term if necessary. . Document any citizen complaints and corrective action taken. . Document any stop work orders given. Year Three . Review the program and prescribe changes for succeeding permit term if necessary. . Document any citizen complaints and corrective action taken. Year Four . Document any stop work orders given. . Review the program and prescribe changes for succeeding permit term if necessary. . Document any citizen complaints and corrective action taken. Year Five . Document any stop work orders given. . Review the program and prescribe changes for succeeding permit term if necessary. City of Coppell Storm water Management Plan 22 Revised 02/01/2008 - It . It It " . - " " ,. " " " - - - ,. " - .. .. .. .. - ... .- 2.4.5 Annual Reporting The City of Coppell will document all of the SWMP activities pertaining Construction Site Storm Water Runoff Control. Documentation will be placed in the SWMP Annual Report and will include, but may not be limited to the following items: . Documentation of proposed and/or adopted Ordinances or amended ordinances that impact construction runoff control. . Procedures for review of contractor storm water BMPs. . Documentation of construction site visits. . Documentation of enforcement actions or stop-work notifications issued to contractors. . Documentation of any citizen or public complaints related to construction site runoff. City of Coppell Storm water Management Plan 23 Revised 02/01/2008 - ,.. " - - " " " " " - " .- if - ~ = s :: r/II ", :: :: 2.5 Post Construction Storm Water Management for New Development/ Redevelopment 2.5.1 Regulatory Requirement The following is a summary of the TCEQ's requirement for Post-Construction Storm Water Management in New Development and Redevelopment: To the extent allowable under state and local law, the MS4 operator must develop, implement and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre of land, including projects less than one acre that are part of a larger common plan of development or sale that will result in disturbance of one or more acres, that discharge to the MS4. The program must ensure that controls are in place that would minimize water quality impacts. The permit holder shall: a) Develop and implement strategies which include a combination of structural and/or non-structural BMPs appropriate for the community: b) Use an ordinance or other regulatory mechanism to address post-construction runoff for new development and redevelopment projects to the extent allowable under state and local law , and; c) Ensure adequate long term operation and maintenance of BMPs. 2.5.2 Existing Post Construction Storm Water Management for New DevelopmentJRedevelopment Programs and BMPs Coppell relies on the following ordinances as legal authority to address storm water runoff from new development and redevelopment: 1. Ordinance 2001-952: The Floodplain Management Ordinance to provide for the comprehensive management of floodplain in the city limits. The Floodplain Administrator administers the ordinance and enforces improvements to local drainage within new developments to control increased runoff that might increase the danger of flood hazards to user or other properties adjacent to, downstream, or upstream of the development. This includes the use of detention basins to limit runoff to pre development levels. A Flood Plain Permit is required for all new construction, development, and encroachments within the floodplain. The permit requires that hydrologic and hydraulic analyses clearly defining existing conditions, proposed conditions and impacts of the project, including work maps and stream profiles upstream and downstream of the site for sufficient distances be provided. A narrative or plan must be provided that depicts temporary and permanent erosion controls to protect disturbed and post-development floodplain overbank or channel areas and minimize long term flood-related erosion. Violation of the provisions of this City of Coppell Storm water Management Plan 24 Revised 02/01/2008 -------- .. .. .. .. .. .. .. .. 2. .. tJj .. .. .. .. ,. - - .,. .- ~ 3. - ordinance by failure to comply with any of its requirements shall constitute a misdemeanor and be subject to a fine. Ordinance 94643: The Subdivision Ordinance prescribes rules and regulations governing plats and subdivisions of land within the corporate limits. Drainage and storm sewer systems shall be designed and constructed in conformance with the provisions of the "Design Manual for Storm Drainage Facilities" published by the City of Dallas and related City of Coppell ordinances. Natural creeks may remain in open natural condition or excavated channels may be constructed provided they meet all necessary design criteria. The excavated channel must be landscaped so as to conform to the minimum standard established in the approved Streetscape Plan. Creeks or excavated channels with slopes steeper than 4: 1 must be maintained by a maintenance entity other than individual lot owners. This area of the floodway may be provided to the City as a park or floodway management area. Lakes, detention ponds and retention ponds may be constructed in all areas provided they meet all necessary design criteria and are approved by the City Engineer. The ordinance provides for community parks as a function of subdivision development in the City. Each subdivision plat must dedicate one acre for each 100 proposed dwelling units. If fewer than 100 units are proposed, the developer is required to pay cash in lieu of dedication of land. The Streetscape Plan provides for landscaping in setbacks, medians, entries, and at other special street conditions in Coppell. Ordinance No. 91599-A-30, Ordinance No. 91500-A-105, and Ordinance No. 91500- A-276 under the Landscape Regulations of the Comprehensive Zoning Ordinance establish certain regulations pertaining to landscaping. A minimum of 10% of the area utilized for off-street parking and loading must be devoted to living landscaping, . a minimum of one tree must be planted for each 400 square feet, and planting islands must be in an amount not less than 12% of the parking spaces. A landscape buffer must be provided along all property lines. A 15- foot buffer is required along public streets and a lO-foot buffer is required along an alley. One tree is required every 50 linear feet. In all non-residential zoning districts, there shall be an area devoted to feature landscaping. The size of that area must be at least 15% of that portion of the lot not covered by a building or by building features. Prior to issuance of a certificate of occupancy for any building or structure, all screening and landscaping must be in place in accordance with the landscape plan. 4. The City has adopted the Parks and Recreation Open Space Master Plan. The purpose of this master plan is to provide a guide for the orderly future development of Coppell's park and recreation system. It provides for the preservation of open space within the City. 5. The City participated in the preparation of the North Central Texas council of Governments' (NCTCOG's) Integrated Storm Water Management (iSWM) Manual. The Manual developed criteria and standards for post-construction storm water City of Coppell Storm water Management Plan 25 Revised 02/01/2008 management, and include both structural and non-structural BMPs. The manual was completed in and published for release in January 26, 2006 and is to be used as a template for design, construction and management of drainage system design. The Planning, Engineering, and Parks and Recreation Departments and the Floodplain Administrator, as part of the DRC, review all private plans to ensure compliance wIth the above-mentioned ordinances and guidance documents. .. .. .. .- - ~ = .. .. .. .. .. = = .. .. .. ,. = = 2.5.3 Enhancements and Additional BMPs for Post Construction Storm Water Management for New DevelopmentlRedevelopment 2.5.3.1 BMP1 - Evaluate and Update Ordinances Coppell will obtain and review the iSWM template manual and draft local criteria for management of new and redevelopment. The City of Coppell will review the Comprehensive Zoning Ordinance, the Subdivision Ordinance, and the Flood Plain Ordinance. These ordinances may be amended to require regulated development and redevelopment to comply with the criteria and standards in the iSWM Manual and to ensure proper long-term operation and maintenance of structural BMPs. Measurable Goals Obtain and review the iSWM manual in Permit Year 1. Amend the manual and draft local criteria in Permit Year 2. Adopt the iSWM manual and amend ordinances requiring regulated development and redevelopment projects to comply with the iSWM Manual and requiring long-term maintenance of post-construction storm water management BMPs in Permit Year 3. Implement and enforce all applicable post-construction storm water management criteria and standards in Permit Year 4. Responsible Persons The City Engineer has responsibility for implementation of BMP 1 to meet the Measurable Goal. 2.5.3.2 BMP2 - Update Plan Review and Inspection Programs Coppell will integrate post-construction storm water quality requirements into plan review and inspection programs. They will evaluate existing procedures and identify needed changes and implement the revised programs. City of Coppell Storm water Management Plan 26 Revised 02/01/2008 -- . .. .. .. .. .. .. .. .. .. .. .. .. .. - ,. rift ". .- - - .. ", .. .. ,. .. Measurable Goals The measurable goal for implementation of BMP2 is to evaluate existing procedures and identify needed changes in Permit Year 3 and to implement the revised programs in Permit Year 4. Responsible Persons The City Engineer has responsibility for implementation of BMP2 to meet the Measurable Goal. 2.5.4 Measurable Goals and Implementation Schedule TARGET DATE ACTIVITY . Obtain and review the iSWM Manual. Year One . Review applicable ordinances. . Initiate review of draft iSWM design criteria and standards by Year Two engineering, planning, and administration. Amend the manual for City implementation. . Complete review of, make any required City revisions, and approve iSWM manual. . Amend ordinances to comply with the iSWM manual and requiring Year Three long-term maintenance of post-construction storm water management BMPs. . Evaluate existing plan review and inspection procedures and identify needed changes . Implement and enforce all applicable post-construction storm water Year Four management criteria and standards. . Implement the revised plan review and inspection programs. . Continue Year Four activities. Year Five City of Coppell Storm water Management Plan 27 Revised 02/01/2008 2.5.5 Annual Reporting The City of Coppell will document all of the SWMP actIvItIes pertammg Post Construction Storm Water Management for New Development/Redevelopment. Documentation will be placed in the SWMP Annual Report and will include, but may not be limited to the following items: · Document the review process in regards to the iSWM Manual. · Document proposed and adopted ordinance amendments. · Document plan review and inspection procedures. 2.6 Pollution Prevention/Good Housekeeping for Municipal Operations 2.6.1 Regulatory Requirement Thefollowing is a summary of the TCEQ's requirementfor Pollution Prevention/Good Housekeeping for Municipal Operations: A section within the SWMP must be developed to establish an operation and maintenance program, including an employee training component that has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. 1. Good Housekeeping and Best Management Practices (BMPs): Housekeeping measures and BMPs (which may include new or existing structural or non- structural controls) must be identified and either continued or implemented with the goal of preventing or reducing pollutant runoff from municipal operations. Examples of municipal operations and municipally owned areas include, but are not limited to: a. Park and open space maintenance; b. Street, road, or highway maintenance; c. Fleet and building maintenance; d. Storm water system maintenance; e. New construction and land disturbances; f. Municipal parking lots; g. Waste transfer stations; h. Salt/sand storage locations. lit = = 2. Training: A training program must be developed for all employees responsible for municipal operations subject to the pollution prevention/good housekeeping program. The training program must include training materials directed at preventing and reducing storm water pollution from municipal operations. City of Coppell 28 Revised 02/01/2008 Storm water Management Plan = 1ft It tI .- if Ii (II - " " " - (j fj " fI) - - ,. tI - ,. tt - .. .. .. .. .. .. .. :: Materials may be developed, or obtained from the EP A, states, or other organizations and sources. Examples or descriptions of the training materials must be included in the SWMP. 3. Structural Control Maintenance: If BMPs include structural controls, maintenance of the controls must be performed at a frequency determined by the MS4 operator and consistent with maintaining the effectiveness of the BMP. The SWMP must list all of the following: a. Maintenance activities; b. Maintenance schedules; and c. Long-term inspection procedures for controls used to reduce floatables and other pollutants. 4. Disposal of Waste: Waste removed from the MS4 and waste that is collected as a result of maintenance of storm water structural controls must be properly disposed. A section within the SWMP must be developed to include the procedures of the proper disposal of waste, including; a. Dredge spoil; b. Accumulated sediments; c. Floatables. 5. Municipal Operations and Industrial Activities: The SWMP must include a list of all: a. Municipal operations that are subject to the operation, maintenance, or training program developed under the conditions of this section; and b. Municipally owned or operated industrial activities that are subject to the TPDES industrial storm water regulations. 2.6.2 Municipal Operations and Facilities Covered Under the SWMP The City of Coppell performs the following operations that are impacted and covered by this SWMP: 1. Park and open space maintenance; 2. Street, road, or highway maintenance; 3. Fleet and building maintenance; 4. Storm water system maintenance; 5. New construction and land disturbances; 6. Water distribution; 7. Wastewater collection; 8. Emergency operations (police, fIre, EMS). City of Coppell Storm water Management Plan 29 Revised 02/01/2008 .. .. .. ,. .. .. .. .. .. -- .. " '" (Ij (J) ;j - fJj tfj = .. - ,. ", ", .. The following table lists the names and locations of City owned and operated facilities that are impacted and covered by this SWMP: T bl 2 6 1 eFT. a e . . . Ity aCl ltIes Facility Type Facility Location Animal Shelter 821 S. Connell Rd Aquatic Center 234 E. Parkwav Blvd Arts Center 157 S. Moore Coppell Service Center 816 S. Coppell Rd Fire Administration 500 Southwestern Fire Station #1 520 Southwestern Buildings Fire Station #2 366 MacArthur Fire Station #3 133 Parkwav Justice Center 130 Town Center Blvd Library 177 N Heartz Senior Citizen Center 616 S. Coppell Rd Tennis Center 950 Creekview Town Center 255 Parkway Village Parkway Pump 1101 Village Parkway Utilities Station Water Tower #1 Southwestern Blvd Water Tower #2 1001 Northpoint Dr Deforest Road Lift Station Sandy Lake Road Lift Station Parks Andv Brown Park Central 364 N. Denton Tap Andv Brown Park East 260 E Parkway Andy Brown Park West 363 N. Denton Tap MacArthur Park 400 S MacArthur Blvd Wagon Wheel 345 State Road 2.6.3 Existing Programs and Best Management Practices Pollution Prevention/Good Housekeeping for Municipal Operations 1. Street and Roadway Maintenance BMP: The City contracts with an out side firm to sweep the major streets once a year and the major intersections four times a year. The Streets Division cleans ditches, curb inlets, drains, and repairs erosion areas based on visual inspections and citizen complaints. Sediment from the ditches and inlets is recycled. City of Coppell Storm water Management Plan 30 Revised 02/01/2008 .. '" " = fIj tII i ", tiJ tit ~ 2. Storm Water System Maintenance BMP: The City performs annual cleaning of the concrete drainage channels as well as the periodic inspections of the inlets, junction boxes and storm water outfalls to ensure that the system is free and clear of sediment and floatables as well as to ensure that the system is intact and operating properly. The city also performs periodic removal of trees from creeks to ensure that the drainage ways and creeks are flowing well and capable of conveying the design flow. 3. Parks and Open Space BMP: The Parks and Recreation Department has regularly scheduled trash removal on Wednesday and brush removal on Saturday of each week for the right-of-ways, parks, open spaces and City facilities to prevent floatables and trash from entering the storm sewer system. Trash is removed on a daily basis as necessary. 4. Parks and Open Space BMP: The Parks and Recreation Department posted ordinance signs associated with the removal and proper disposal of animal feces in all of the public parks. 5. Wastewater Collection BMP: The Utilities Operation Division cleans and videos sewer lines on an annual basis. Trouble spots along ,the lines are cleaned on a monthly basis in order to prevent any outflows. 6. Fleet and Building Maintenance BMP: The City has in-house facilities management personnel that conduct on-going operations and maintenance of all buildings, permanent structures, parking lots, and storage yards. 7. Fleet and Building Maintenance BMP: The Service Center covers 7.5 acres and includes the main office building with three service bays and a wash bay, exterior storage buildings, and a chemical storage building with a wash-down area. Vehicle and equipment maintenance takes place inside buildings. The enclosed wash bay has floor drains with a sand/oil separator and is connected to the sanitary sewer system. The hydraulic fluid stored in one of the service bays has its own containment system to prevent any spills from reaching the floor. The enclosed chemical storage wash-down area has its own containment system that is emptied by a hazardous waste company. The majority of the machinery and equipment is stored in enclosed buildings. There is a three-sided, covered building for storage of stockpiled materials such as sand. The above ground fuel storage tanks located at the Fleer Building and Fire Station No.2 are double- walled construction with vapor recover systems. City of Coppell Stoml water Management Plan 31 Revised 02/01/2008 .. It fj (II {II {j (/I (Ij " ,. ill . '" fij fj ,., r/j fj fj " ;II rfI rJj ~ .. ", .. --, 8. Parks and Open Space BMP: The Parks and Recreation Department utilizes native and adapted vegetation to reduce water, fertilizer and pesticide needs. The Service Center grounds and the median of the recently constructed Sandy Lake Road utilized drought resistant seed mixes, ground covers and trees. Seeding and maintaining vegetation prevents erosion and sediment transport to the storm sewer system. 9. Parks and Open Space BMP: The City uses integrated pest management, where appropriate, so that the use of pesticides can be limited. 2.6.4 Enhancements and Additional BMPs for Pollution Prevention/Good Housekeeping 2.6.4.1 BMP 1 - Program to Reduce or Eliminate Polluted Runofffrom Municipal Operations The City will continue the development and revision of the list of municipal facilities and operations that in Section 6.1 that may contribute significant pollutants to the storm water system. The existing pollution prevention practices, maintenance procedures, and other practices will be evaluated with regard to reducing the discharge of pollutants. Pollution prevention plans for municipal operations, such as maintenance and storage yards, fleet maintenance, and pesticide and herbicide treatments will be revised and implemented as needed. Measurable Goals Develop a list of municipal facilities and operations that may contribute significant pollutants to the storm water system in Permit Year 1. Evaluate the existing pollution prevention practices, maintenance procedures, and other practices, and identify any additional controls that need to be implemented in Permit Year 2. Develop and implement the pollution prevention plans in Permit Year 3. This BMP will be evaluated by the reduction or the elimination of floatables and water quality pollutants. Responsible Persons The Director of Parks and Recreation and the City Engineer have responsibility for implementation of BMP 1 to meet Measurable Goal. 2.6.4.2 BMP2 - Training Program Coppell will develop a training program for applicable employees associated with park maintenance, fleet and building maintenance, new construction, facilities maintenance, City of Coppell Storm water Management Plan 32 Revised 02/01/2008 .. It it " {II ({I fj fij r1I {I .- '" .. " lit riI rfj " fij rfj tJj III ", ", and storm water maintenance. The trammg program will include trammg materials directed at preventing and reducing storm water pollution from municipal operations. The City will make presentations at safety meetings on pollution prevention/good housekeeping topics, participate in cooperative training opportunities available through NCTCOG, develop informational tools for maintenance crews, and post pollution prevention/good housekeeping signs at maintenance facilities and yards. Measurable Goals The City will obtain print materials, videos, and other training materials and develop a training program for applicable employees in Permit Year 2. The training program will be implemented in Permit Year 3. This BMP will be evaluated by a reduction in waste and pollution generation in municipal operations and on municipal facilities. Responsible Persons The Director of Parks and Recreation and the City Engineer have responsibility for implementation of BMP2 to meet the Measurable Goal. 2.6.4.3 BMP3 - Structural Control Maintenance Coppell will develop a list of existing pollution prevention structural controls. Written maintenance activities, maintenance schedules, and long-terin inspection procedures for these structural controls will be developed and implemented. The program will include procedures for the proper disposal of waste removed from the structural controls and collected as a result of municipal operations and activities. Measurable Goals Develop a list of existing pollution prevention structural controls, maintenance activities, maintenance schedules and long-term inspection procedures in Permit Year 1. Evaluate the list and develop inspection and maintenance schedules necessary to minimize the discharge of pollutants from the storm sewer. Develop procedures for the proper disposal of waste including dredge spoil, accumulated sediments and floatab1es in Permit Year 2. Develop and implement the program to regularly inspect and maintain structural controls in Permit Year 3. This BMP will be evaluated by the reduction or the elimination of floatables and water quality pollutants. Responsible Persons The Director of Parks and Recreation and the City Engineer have responsibility for implementation of BMP3 to meet the Measurable Goal. City of Coppell Storm water Management Plan 33 Revised 02/0112008 It fj fj fIj tfI flj - fij riI fJ) .- riI ~ - ". .- ~ = :: ~ 2.6.5 Measurable Goa s and ImPlementation Schedule TARGET DATE ACTIVITY Year Three . Develop a list of municipal facilities and operations that may contribute significant pollutants to the storm water system. . Develop a list of existing pollution prevention structural controls, maintenance activities, maintenance schedules and long-term inspection procedures. . Continue pollution prevention practices and controls already in place. . Evaluate the existing pollution prevention practices, maintenance procedures, and other practices for municipal operations. Identify any additional controls that need to be implemented. . Obtain print materials, videos, and other training materials and develop a training program for applicable employees. . Evaluate the structural controls, maintenance activities and schedules and long term inspection procedures for municipal operations. Develop inspection and maintenance schedules to minimize the discharge of pollutants from the storm sewer. Develop procedures for the proper disposal of waste including dredge spoil, accumulated sediments and floatables. . Continue pollution prevention practices and controls already in olace. . Develop and implement the pollution prevention plans for municipal operations. . Implement the training program. . Develop and implement the inspection and maintenance program. Year One Year Two Year Four . Document employee training sessions and materials distribution. . Continue Year F our activities. Year Five City of Coppell Storm water Management Plan 34 Revised 02/0112008 II jt ii it it WI iI iI ~ Wi tTi iI - - ., riI ~ ", ~ .- - ri' ", .- ri' ~ 2.6.5 Annual Reporting The City ofCoppell will document all of the SWMP activities pertaining to Pollution Prevention/Good Housekeeping. Documentation will be placed in the SWMP Annual Report and will include, but may not be limited to the following items: . Listing of municipal facilities and operations that may contribute significant pollutants to the storm water system. . Listing of existing pollution prevention structural controls, maintenance activities, maintenance schedules and long-term inspection procedures. . Documentation of any cleaning and maintenance of structural controls. . Documentation of employee training. City of Coppell Storm water Management Plan 35 Revised 02/01/2008 .. II III .. .. iii lit - .- - - ,. - .- ,. "" ~ '" ,,# Appendix A Map City of Coppell Storm water Management Plan Revised 01/03/2008 i COPPELL CITY UMIT AREA OF INVOLVEMENT MAP CITY OF COPPELL ApPENDIX A o I 2500 5000 . I 1 INCH = 5000 FT. NORTHWEST DALLAS COUNTY FLOOD CONTROL DISTRICT corrELL er.-. on: 10 o.c..e- 2ClO1....U. S;~o..lgnMSC EXH8TS\dlftlDHIIflS.ar9NlEAWrM:ll'AlENT""" Created in LOOT City of Coppell Storm water Management Plan Appendix B Inter-local Agreement Revised 01/03/2008 ST A TE OF TEXAS ~ ~ I~TERLOCAL AGREEMENT COUNTY OF DALLAS ~ This Interlocal Agreement ("AGREEMENT") for the joint submission of a Storm Water Management Plan to satisfy the requirements of the permit application to the Texas Commission on Environmental Quality (TCEQ) for compliance with Phase II municipal storm water discharges to waters of the U.S. (hereafter referred to as the "PLAN") is made and entered into by and between the City of Coppell, Texas, a municipal corporation located in Dallas County, Texas ("CITY"), and the Northwest Dallas County Flood Control District as created by the Texas legislature (H. B. 2390, Act 691h legislature, Regular Session, 1985) (hereafter referred to as the "DISTRICT"). WHEREAS, the CITY and the DISTRICT mutually desire to enter into an AGREEMENT to partner with each other in the joint submission of a Storm Water !\1anagement Plan to the TCEQ for compliance with Phase 11 requirements of Section 402(p) of the Clean Water Act; and WHEREAS, Chapter 791, TEXAS GOVERNMENT CODE, as amended (the "ACT"), provides authorization for Local Goverrunents to contract with each other for functions in which both entities are mutually interested; and WHEREAS, by definition in Chapter 791, Texas Government Code, the CITY and the DISTRICT are both defined as Local Govenunents; and Whereas it has been determined that approval of this AGREEMENT will be mutually advantageous to the CITY and the DISTRICT; and NOW, THEREFORE, for and in consideration of the mutual covenants, terms and condi tions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, the CITY and the DISTRICT hereby contract, covenant, warrant and agree as follows: ADOPTION OF PREAMBLE All of the matters stated in the preamble of this AGREEMENT are true and correct and are hereby incorporated into the body of the AGREEMENT as though fully set forth in their entirety herein. II OBLIGA TIONS OF THE PARTIES 2.01 The CITY and the DISTRICT have independently contracted and paid for Engineering Services related to the preparation of the Storm Water Management Plan. The CITY and the DISTRICT agree to a joint submission of a Storm Water \1anagement Plan to the TCEQ in compliance with the Phase 11 requirements as noted above. 2.02 The CITY and the DISTRICT agree that services related to the inspection and maintenance of District-owned facilities within the DISTRICT boundaries will continue to be the financial responsibility of the DISTRICT. 2.03 The CITY and the DISTRICT agree that the CITY will perform the required portions of the Storm Water Management Plan in regards to the minimum control measures: 1. Public Education and Outreach 2. Public Involvement/Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Storm Water Controls 5. Post Construction Storm Water Management for New Devel opmen t/Redeve lopment 2.04 The CITY and the DISTRICT agree that each respective entity will be responsible within their area of involvement for minimum control measure 6, Pollution Prevention/Good Housekeeping for Municipal Operations. 2.05 The CITY and the DISTRICT agree that the DISTRICT will provide detailed information on activities within the DISTRICT boundaries to the CITY as needed so that the CITY may complete its annual report to the TCEQ. 2.06 The CITY and the DISTRICT agree that each respective entity wi 11 be responsible for record keeping, and submittal of any and all required forms and notifications to the TCEQ under the terms of their permit, or as required by the Stonn Water Management Plan III INDErvfNlFICA nON AND HOLD HARMLESS 3.01 THE DISTRICT AGREES TO INDEMNIFY AND HOLD THE CITY HARJ\1LESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING FROM OR RESUL TrNG FROM THE IMPLEMENTATION OF THE STORM WATER MANAGEMENT PLAN. 3.02 THE CITY AGREES TO INDEMNIFY AND HOLD THE DISTRICT HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISfNG FROM OR RESULTING FROM THE I\1PLEMENT ATION OF THE STORM WATER MANAGEMENT PLAN. 3.03 HOWEVER- THE INDEMNIFICA nON AND HOLD HARMLESS CONTAINED HEREIN SHALL NOT BE DEEMED A WAIVER OF ANY SOVEREIGN IMMUNITY ALLOWED PURSUANT TO TEX. CIV. PROC. & REM. CODE, SECTION 101.001 ETSEQ., OR OTHERWISE. IV NOTICES Any notice required to be given under this Agreement shall be deemed to have been adequately given if deposited in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: If to the DISTRICT: If to the CITY: Northwest Dallas County Flood Control District c/o Mr. Pete Eckert 3960 Broadway Boulevard, Suite 205 Garland, Texas 75043 City ofCoppell c/o City Engineer 255 Parkway Blvd. Coppell, TX 75019 A change of address may be made by either party upon the giving often (10) days prior written notice. v MISCELLANEOUS PROVISIONS 5.01 This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 5.02 This AGREEMENT constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof. 5.03 No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties. 5.04 This AGREEMENT may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5.05 If, in case, anyone or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this AGREEMENT shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5.06 The obligations and undertakings of each of the parties to this AGREEMENT are and shall be performable in Dallas County, Texas. 5.07 Each party hereto warrants that it has received authority from its governing body to enter into this AGREEMENT. ....:- EXECUTED this Z'j day of -klCv"12008. NORTHWEST DALLAS COUNTY FLOOD CO ROL DISTRICT /- / CI By: Wayne Reyn President ATTEST: ATTEST: ~ foavt APPROVED AS TO FORM: J2~ Attorney Appendix C Resolution Adopting the SWMP City of Coppell Storm water Management Plan 2 Revised 02/01/2008 RESOLUTION NO. '2.DOf5 -0/22 . I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ADOPTING A STORM WATER MANAGEMENT PLAN FOR THE PURPOSE OF MEETING COMPLIANCE GOALS OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) PHASE II MUNICIPAL STORM WATER REQUIREMENTS, AND AUTHORIZING THE MAYOR TO SIGN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of CoppeIl is required to submit a storm water management plan in accordance with Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code. WHEREAS, the City of Coppell will comply with the General Permit and the requirements put forth by the Texas Commission on Environmental Quality. WHEREAS, the purpose of the storm water management plan is to prevent pollution in storm water to the maximum extent practicable and effectively prohibit illicit discharges to the system. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of CoppeIl hereby adopts the Storm Water Management Plan, as prepared in conjunction with the City's consultant, containing the necessary components to comply with the requirements of the Texas Commission on Environmental Quality (TCEQ) Phase II Municipal Stonn Water Plan, dated January 22, 2008, a copy of which is attached hereto and incorporated herein by reference. SECTION 2. That the Mayor is also hereby authorized to sign the official document that will be presented to the Texas Commission on Environmental Quality (TCEQ) which hereinafter shall be referred to as the "City of Coppell Storm Water Management Plan." SECTION 3. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED and approved b the City Council of the City ofCoppell, Texas, on this the '2'2 ~ day of ATTEST: ~ ;,~ ;9CL~ BY BAL, ITY SECRET City of Coppell Storm water Management Plan Appendix D Summary Table 3 Revised 02/01/2008 SUMMARY FOR PERMIT IMPLEMENTATION / ANNUAL REPORT TRACKING / YEAR 1 Program Activity Department / Person Post 2 storm water quality messages in the City Desk. Community Information Officer 1. Engineering Department/ Public Education Begin labeling of the residential storm drains. Document the number of drains labeled. and Outreach City Engineer Continue current public education programs and affiliations. Document the number of Parks and Recreation Department/ events and the number of people attending Community Information Officer Provide State and local Required Public Notices for meetings, hearings and publications City Engineer/Community Information Officer regarding storm water management 2. Public Post the SWMP for Public Review at the Office of the City Secretary. A copy will be InvolvementlPart posted on the city web site. City Engineer/Community Information Officer icipation Document the public input regarding the SWMP and responses to comments and input by City Engineer engineering staff. Develop field water quality observation cards and field staff training program. City Engineer 3. Illicit Discharge Detection and Update the existing GIS storm sewer map. City Engineer Elimination Review existing ordinances and develop a draft illicit discharge management ordinance. City Attorney/City Engineer 4. Review existing ordinances, regulations, and specifications for compliance with Phase II City Engineer/City Attorney Construction Site Rule. Storm Water Controls Establish site inspection procedures for inspection of construction storm water BMPs. City Engineer City of Coppell Storm Water Management Plan Summary for Implementation SUMMARY FOR PERMIT IMPLEMENTATION / ANNUAL REPORT TRACKING / YEAR 1 Establish and implement procedures for addressing information submitted by citizens on Community Information Officer/City Engineer the hotline. 4. Document any citizen complaints and corrective action taken. Community Information Officer/City Engineer Construction Site Storm Water Controls (conI' d) Document any stop work orders given. City Engineer Review the program and prescribe changes for succeeding permit term if necessary. City Engineer 5. Post Obtain and review the iSWM Manual City Engineer Construction Storm Water Management for New Review applicable ordinances. City Engineer Development/ Redevelopment Develop a list of municipal facilities and operations that may contribute significant City Engineer 6. pollutants to the storm water system. Pollution Prevention/Good Develop a list of existing pollution prevention structural controls, maintenance activities, City Engineer Housekeeping maintenance schedules and long-term inspection procedures. for Municipal Operations Continue pollution prevention practices and controls already in place. City EngineerIParks Department City ofCoppell Storm Water Management Plan 2 Summary for Implementation SUMMARY FOR PERMIT IMPLEMENTATION / ANNUAL REPORT TRACKING / YEAR 2 Program Activity Department / Person Post 2 storm water quality messages in the City Desk. Community Information Officer l. Develop page on the municipal website with storm water quality information. City Engineer Public Education and Outreach Continue labeling of the residential storm drains. Document the number of drains labeled. City Engineer Continue current public education programs and affiliations. Document the number of Community Information Officer events and the number of people attending. Continue to Provide State and local Required Public Notices for meetings, hearings and City Engineer/Community Information Officer publications regarding storm water management 2. Public Post the updated to the S WMP (if plan is updated) for public review and comment at the Involvement/Part Office of the City Secretary. A copy will be posted on the city web site. City Engineer/Community Information Officer icipation Post SWMP Annual Report for public review and comment City Engineer/Community Information Officer Conduct initial training program to detect and address non-storm water discharges and City Engineer 3. prohibit any significant pollutants. Illicit Discharge Locate and identify the outfall structures and receiving waters of the u.s. and map in the Detection and GIS storm sewer map. Update map with storm water quality data and new facilities. City Engineer Elimination Finalize illicit discharge management ordinance. City Attorney/City Engineer 4. Update and adopt any necessary ordinances, regulations and specifications for compliance Construction Site City Engineer Storm Water with Phase II Rule. Controls City of Coppell Storm Water Management Plan 3 Summary for Implementation SUMMARY FOR PERMIT IMPLEMENTATION / ANNUAL REPORT TRACKING / YEAR 2 Implement procedures for site inspection. City Engineer 4. Set up and publicize the hotline. Community Information Officer Construction Site Storm Water Controls (con!' d) Document any citizen complaints and corrective action taken. Community Information Officer/City Engineer Document any stop work orders given. City Engineer Review the program and prescribe changes for succeeding permit term if necessary. City Engineer 5. Post Construction Storm Water Initiate review of draft iSWM design criteria and standards by engineering, planning, and Management for City Engineer New administration. Amend the manual for City implementation Development/ Redevelopment Evaluate the existing pollution prevention practices, maintenance procedures, and other practices for municipal operations. Identify any additional controls that need to be City Engineer implemented 6. Obtain print materials, videos, and other training materials and develop a training program Director of Parks and Recreation/City Engineer Poll ution for applicable employees. Prevention/Good Evaluate the structural controls, maintenance activities and schedules and long term Housekeeping inspection procedures for municipal operations. Develop inspection and maintenance for Municipal schedules to minimize the discharge of pollutants from the storm sewer. Develop City Engineer Operations procedures for the proper disposal of waste including dredge spoil, accumulated sediments and floatables. Continue pollution prevention practices and controls already in place. City Engineer City ofCoppell Storm Water Management Plan 4 Summary for Implementation SUMMARY FOR PERMIT IMPLEMENTATION / ANNUAL REPORT TRACKING / YEAR 3 Program Activity Department / Person Post 2 storm water quality messages in the City Desk. Community Information Officer 1. Update website with storm water quality information. City Engineer Public Education and Outreach Continue labeling of the residential storm drains. Document the number of storm drains City Engineer labeled. Continue current public education programs and affiliations. Document the number of Community Information Officer events and the number of people attending. Continue to Provide State and local Required Public Notices for meetings, hearings and City Engineer/Community Information Officer publications regarding storm water management 2. Public Post the updated to the S WMP (if plan is updated) for public review and comment at the Invol vement/Part Office of the City Secretary. A copy will be posted on the city web site. City Engineer/Community Information Officer icipation Post SWMP Annual Report for public review and comment. City Engineer/Community Information Officer Perform annual field staff training to detect and eliminate illicit discharges. City Engineer 3. Illicit Discharge Continue to locate and identify the outfall structures and recei ving water of the U.S. and Detection and map in the GIS storm sewer map. Update map with storm water quality data and new City Engineer Elimination facilities. Implement illicit discharge management ordinance City Attorney/City Engineer 4. Construction Site Document any citizen complaints and corrective action taken. Community Information Officer/City Engineer Storm Water Controls City ofCoppell Storm Water Management Plan 5 Summary for Implementation ~~~~~~~~~~~~~~~~~~~~I SUMMARY FOR PERMIT IMPLEMENT A TION / ANNUAL REPORT TRACKING / YEAR 3 4. Document any stop work orders given. City Engineer Construction Site Storm Water Controls (cont' d) Review the program and prescribe changes for succeeding permit term if necessary. City Engineer 5. Post Complete review of, make any required City revisions, and approve iSWM manual. City Engineer Construction Storm Water Management for Amend ordinances to comply with the iSWM manual and requiring long-term City Engineer/City Attorney New maintenance of post-construction storm water management BMPs. Development/ Redevelopment Evaluate existing plan review and inspection procedures and identify needed changes City Engineer 6. Develop and implement the pollution prevention plans for municipal operations. City Engineer/Director of Parks and Recreation Poll ution Prevention/Good Implement the training program. City Engineer/Director of Parks and Recreation Housekeeping for Municipal Operations Develop and implement the inspection and maintenance program. City Engineer City ofCoppell Storm Water Management Plan 6 Summary for Implementation '~'~~~~~~~~~~~~~I SUMMARY FOR PERMIT IMPLEMENTATION / ANNUAL REPORT TRACKING / YEAR 4 Program Activity Department / Person Post 2 storm water quality messages in the City Desk. Community Information Officer Update website with storm water quality information. City Engineer 1. Public Education and Outreach Continue labeling of the residential storm drains. Document the number of storm drains City Engineer labeled. Continue current public education programs and affiliations. Document the number of Community Information Officer events and the number of people attending Continue to Provide State and local Required Public Notices for meetings, hearings and City Engineer/Community Information Officer publications regarding storm water management 2. Public Post the updated to the SWMP (if plan is updated) for public review and comment at the Involvement/ Office of the City Secretary. A copy will be posted on the city web site. City Engineer/Community Information Officer Participation Post SWMP Annual Report for public review and comment. City Engineer/Community Information Officer 3. Perform annual field staff training to detect and eliminate illicit discharges City Engineer Illicit Discharge Detection and Elimination Update GIS map with storm water quality data and new facilities. City Engineer 4. Document any citizen complaints and corrective action taken. Community Information Officer/City Engineer Construction Site Storm Water Controls Document any stop work orders given. City Engineer City ofCoppell Storm Water Management Plan 7 Summary for Implementation ....~~~~~~~~'~~Iaalal SUMMARY FOR PERMIT IMPLEMENTATION / ANNUAL REPORT TRACKING / YEAR 4 Review the program and prescribe changes for succeeding permit term if necessary. City Engineer 5. Post Implement and enforce all applicable post-construction storm water management criteria City Engineer Construction and standards. Storm Water Management for New Development/ Implement the revised plan review and inspection programs. City Engineer Redevelopment 6. Poll ution Prevention/Good Document employee training sessions and materials distribution. City Engineer Housekeeping for Municipal Operations Ci ty of Coppell Storm Water Management Plan 8 Summary for Implementation ~._"la~'~a,_~~~~~~~~~~.a~~~~..._1 SUMMARY FOR PERMIT IMPLEMENTATION / ANNUAL REPORT TRACKING / YEAR 5 Program Activity Department / Person Post 2 storm water quality messages in the City Desk. Community Information Officer Update website with storm water quality information. City Engineer I. Public Education Continue labeling of the residential storm drains. Document the number of storm drains and Outreach labeled. City Engineer Continue current public education programs and affiliations. Document the number of Community Information Officer events and the number of people attending Continue to Provide State and local Required Public Notices for meetings, hearings and City Engineer/Community Information Officer publications regarding storm water man~gement 2. Public Involvement/ Post the updated to the SWMP (if plan is updated) for public review and comment City Engineer/Community Information Officer Partici pation Post SWMP Annual Report for public review and comment City Engineer/Community Information Officer 3. Perform annual field staff training to detect and eliminate illicit discharges City Engineer Illicit Discharge Detection and Elimination Update GIS map with storm water quality data and new facilities. City Engineer Document any citizen complaints and corrective action taken. Community Information Officer/City Engineer 4. Construction Site Document any stop work orders given. City Engineer Storm Water Controls Review the program and prescribe changes for succeeding permit term if necessary. City Engineer City of Coppell Storm Water Management Plan 9 Summary for Implementation . '~~~~~~1i"'~"~~~1 SUMMARY FOR PERMIT IMPLEMENTATION / ANNUAL REPORT TRACKING / YEAR 5 5. Post Implement and enforce all applicable post-construction storm water management criteria City Engineer Construction and standards. Storm Water Management for New Development/ Implement the revised plan review and inspection programs. City Engineer Redevelopment 6. Poll ution Prevention/Good Document employee training sessions and materials distribution. City Engineer Housekeeping for Municipal Operations City ofCoppell Storm Water Management Plan 10 Summary for Implementation . . .. .. " - ,. " tfI It - if .. ~ ., - - .- .- .. City of Coppell Storm water Management Plan Appendix E TPDES General Permit 4 Revised 02/01/2008 TCEQ Docket No. 2006-0428- WO TPDES GENERAL PERMIT No. TXR040000 This is a new general pennit issued pursuant to Section 26.040 of the Texas Water Code and Section 402 of the Clean Water Act. .. Texas Commission on Environmental Quality P.O. Box 13087 Austin, TX 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 Small Municipal Separate Storm Sewer Systems located in the state of Texas may discharge directly 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 of Texas, and other orders of the Commission of the TCEQ. The issuance of this general permit does not grant to the pennittee the right to use private or public property for conveyance of storm water and certain non-storm water discharges along the discharge route. 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 five years after the date of issuance. ISSUED AND EFFECTIVE DATE: AUG 13 2007 For the Commission - .. .. .. .. it . .. " ,. - ,. .. " (ij - - - " " {Ij - . .. .. .. .. . .- ,. .. .. .. .. ,. ~ ,. (Ij ,. .. ~ tfj ." :: TPDES General Permit No. TXR040000 TCEQ GENERAL PERMIT NUMBER TXR040000 RELATING TO STORM WATER DISCHARGES ASSOCIATED WITH SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS Table of Contents Part I. Definitions and Terminology .............................................................................................. Page 3 A. Definitions..... ......... ... ................ ...... ........ ............ ......... ........... ............................... ... Page 3 B. Commonly Used Acronyms....................................................................................... Page 8 Part II. Permit Applicability and Coverage ................................................................................... Page 9 A. Small MS4s Eligible for Authorization by General Permit ....................................... Page 9 B. Allowable Non-Storm Water Discharges .................................................................. Page 9 C. Limitations on Permit Coverage .............................................................................. Page 11 D. Obtaining Authorization .......................................................................................... Page 13 E. Permitting Options ............... ...... ........ .......................... ... ....... ........................... ....... Page 19 F. Waivers. ..... .......... ........................... ... ........... ...... ...... ... .... ........ ......... ...... .... .... ......... Page 20 Part III. Storm Water Management Program (SWMP) ............................................................. Page 21 A. Minimum Control Measures .................................................................................... Page 22 B. General Requirements.............................................................................................. Page 28 Part IV. Recordkeeping and Reporting ........................................................................................ Page 28 A. Recordkeeping ........ ........ ................................. ..... ....................... ......... ............ ....... Page 28 B. Reporting ............... .... ........ ... ......................... ................. ............ ........ ............ ......... Page 29 Part V. Standard Permit Conditions............................................................................................. Page 31 Part VI. Authorization for Municipal Construction Activities................................................... Page 32 A. Eligible Construction Sites ...................................................................................... Page 32 B. Discharges Eligible for Authorization ..................................................................... Page 32 C. Limitations on Permit Coverage .............................................................................. Page 34 D. Numeric Effluent Limitations .................................................................................. Page 34 E. Storm Water Pollution Prevention Plan (SWP3) ..................................................... Page 34 F. Effective Date of Coverage........................................................................ .............. Page 35 G. Deadlines for SWP3 Preparation and Compliance .................................................. Page 35 H. Plan Review and Making Plans Available............................................................... Page 35 I. Keeping Plans Current............................................................................................. Page 35 J. Contents of SWP3.................................................................................................... Page 35 K. Additional Retention of Records ............................................................................. Page 41 Attachment 1 Construction Site Notice.......................................................................................... Page 4l. *' Attachment 2 Discharge Monitoring Report for Concrete Batch Plants ........................................ Page 43 Page 2 . . . -- -- .. .- .. II fit '" " - ,. ,. (Ij ,. - fIj .. .. .. .. .. .. .. .. TPDES General Permit No. TXR040000 Part I. Definitions and Terminology A. Definitions 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 runoff, spills or leaks, waste disposal, or drainage from raw material storage areas. Classified Segment - refers to a water body that is listed and described in Appendix A or Appendix C of the Texas Surface Water Quality Standards, at 30 T AC ~ 307.10. Clean Water Act (CW A) - The Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483 and Pub. L. 97-117, 33 U.S.c. 1251 et.seq. Common Plan of Development or Sale - A construction activity that is completed in separate stages, separate phases, or in combination with other construction activities. 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. Construction Site Operator - The person or persons associated with a small or large construction project that meets either of the following two criteria: (a) the person or persons that have operational control over construction plans and specifications (including approval of revisions) to the extent necessary to meet the requirements and conditions of this general permit; or (b) the person or persons that have day-to-day operational control of those activities at a construction site that are necessary to ensure compliance with a storm water pollution prevention plan for the site or other permit conditions (e.g. they are authorized to direct workers at a site to carry out activities required by the Storm Water Pollution Prevention Plan or comply with other permit conditions). Conveyance - Curbs, gutters, man-made channels and ditches, drains, pipes, and other constructed features designed or used for flood control or to otherwise transport storm water runoff. Daily Maximum - For the purposes of compliance with the numeric effluent limitations contained in this permit, this is the maximum concentration measured on a single day, by grab sample, within a period of one calendar year. Discharge - When used without a qualifier, refers to the discharge of storm water runoff or certain non-storm water discharges as allowed under the authorization of this general permit. Page 3 . . I It ... it .. ~ j Ii It .. fj if if if f# i' ~ " " lit .- lit lit .. ... lit .. .. II iii 1ft lit lilt - TPDES General Permit No. TXR040000 Final Stabilization - A construction site where either of the following conditions are met: (a) All soil disturbing activities at the site have been completed and a uniform (e.g, evenly distributed, without large bare areas) perennial vegetative cover with a density of70% ofthe 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 rip rap, 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. (c) For construction activities on land used for agricultural purposes (e.g. pipelines across crop or range land), final stabilization may be accomplished by returning the disturbed land to its preconstruct ion agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to a surface water and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of condition (a) above. Ground Water Infiltration - For the purposes of this permit, groundwater that enters a municipal separate storm sewer system (including sewer service connections and foundation drains) through such means as defective pipes, pipe joints, connections, or manholes. Illicit Connection - Any man-made conveyance connecting an illicit discharge directly to a municipal separate storm sewer. Illicit Discharge - Any discharge to a municipal separate storm sewer that is not entirely composed of storm water, except discharges pursuant to this general permit or a separate authorization and discharges resulting from emergency fire fighting activities. Indian Country - Defined in 18 USC Section (9) 1151, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. This definition includes all land held in trust for an Indian tribe. Industrial Activities - manufacturing, processing, material storage, and waste material disposal areas (and similar areas where storm water can contact industrial pollutants related to the industrial activity) at an industrial facility described by the TPDES Multi Sector General Permit, TXR050000, or by another TCEQ or TPDES permit. Page 4 - . . lit lit lit iI fj fj '" " fI " " ~ " ~ ~ " ~ ,. .. .. .. .. It It . lit III .. .. .. TPDES General Permit No. TXR040000 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, and original purpose of a ditch, channel, or other similar storm water conveyance. Large construction activity does not include the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and similar maintenance activities. Maximum Extent Practicable (MEP) - The technology-based discharge standard for municipal separate storm sewer systems to reduce pollutants in storm water discharges that was established by CW A 9 402(P). A discussion of MEP as it applies to small MS4s is found at 40 CFR 9 122.34. MS4 Operator - For the purpose of this permit, the public entity, and! or the entity contracted by the public entity, responsible for management and operation of the small municipal separate storm sewer system that is subject to the terms of this general permit. Notice of Change (NOC) - Written notification from the permittee to the executive director providing changes to information that was previously provided to the agency in a notice of intent. Notice of Intent (NO I) - A written submission to the executive director from an applicant requesting coverage under this general permit. Notice of Termination (NOT) - A written submission to the executive director from a permittee authorized under a general permit requesting termination of coverage under this general permit. Outfall - For the purpose of this permit, a point source at the point where a municipal separate storm sewer discharges to waters of the United States (U.S.) and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels, or other conveyances that connect segments of the same stream or other waters of the U.S. and are used to convey waters of the U.S. Permittee - The MS4 operator authorized under this general permit. Permitting Authority - For the purposes of this general permit, the TCEQ. Point Source - (from 40 CFR 9122.22) any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff. Pollutant(s) of Concern - Include biochemical oxygen demand (BOD), sediment or a parameter that addresses sediment (such as total suspended solids, turbidity or siltation), pathogens, oil and grease, and any pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from an MS4. (Definition from 40 CFR 9 122.32(e)(3)). Page 5 TPDES General Permit No. TXR040000 Redevelopment - Alterations of a property that changed the "footprint" of a site or building in such a way that there is a disturbance of equal to or greater than one (1) acre of land. This term does not include such activities as exterior remodeling. 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 ofIess 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 ofIand. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other similar storm water conveyance. Small construction activity does not include the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and similar maintenance activities. Small Municipal Separate Storm Sewer System (MS4) - refers to a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) Owned or operated by the United States, a state, city, town, borough, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under 9208 of the CW A; (ii) Designed or used for collecting or conveying storm water; (iii) Which is not a combined sewer; (iv) Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 9 122.2; and (v) Which was not previously authorized under a NPDES or TPDES individual permit as a medium or large municipal separate storm sewer system, as defined at 40 CFR SS 1 22.26(b)(4) and (b)(7). This term includes systems similar to separate storm sewer systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. This term does not include separate storm sewers in very discrete areas, such as individual buildings. For the purpose of this permit, a very discrete system also includes storm drains associated with certain municipal offices and education facilities serving a nonresidential population, where those storm drains do not function as a system, and where the buildings are not physically interconnected to an MS4 that is also operated by that public entity. Storm Water and Storm Water Runoff - Rainfall runoff, snow melt runoff, and surface runoff and drainage. Storm Water Associated with Construction Activity - Storm water runoff from an area where there is either a large construction activity or a small construction activity. Storm Water Management Program (SWMP) - A comprehensive program to manage the quality of discharges from the municipal separate storm sewer system. Structural Control (or Practice) - A pollution prevention practice that requires the construction of a device, or the use of a device, to capture or prevent pollution in storm water runoff. Structural controls and practices may include but are not limited to: wet ponds, bioretention, infiltration basins, storm water wetlands, silt fences, earthen dikes, drainage swales, vegetative lined ditches, vegetative filter strips, sediment traps, check dams, subsurface drains, storm drain inlet protection, rock outlet protection, reinforced soil retaining systems, Page 6 . . it it it lit It it .. it It . .- Ii) It II " .. .. .. .. II .. .. .. .. .. II II .. .. .. .. .. TPDES General Permit No. TXR040000 gabions, and temporary or permanent sediment basins. Surface Water in the State - Lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state (from the mean high water mark (MHWM) out 10.36 miles into the Gulf), and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the beds and banks of all water-courses and bodies of surface water, that are wholly or partially inside or bordering the state or subject to the jurisdiction of the state; except that waters in treatment systems which are authorized by state or federal law, regulation, or permit, and which are created for the purpose of waste treatment are not considered to be water in the state. Total Maximum Daily Load (TMDL) - The total amount of a substance that a water body can assimilate and still meet the Texas Surface Water Quality Standards. Urbanized Area (UA) - An area of high population density that may include multiple MS4s as defined and used by the U.S. Census Bureau in the 2000 decennial census. Waters of the United States - (from 40 CFR S 122.2) Waters of the United States or waters of the U.S. means: (a) all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (b) all interstate waters, including interstate wetlands; (c) all other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds that the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (1) which are or could be used by interstate or foreign travelers for recreational or other purposes; (2) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (3) which are used or could be used for industrial purposes by industries in interstate commerce; (d) all impoundments of waters otherwise defined as waters of the United States under this definition; (e) tributaries of waters identified in paragraphs (a) through (d) of this definition; (f) the territorial sea; and Page 7 TPDES General Permit No. TXR040000 (g) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements ofCW A (other than cooling ponds as defined in 40 CFR S 423.11(m) which also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the United States (such as disposal area in wetlands) nor resulted from the impoundment of waters of the United States. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EP A. BMP B. Commonly Used Acronyms CFR CGP CWA DMR EPA FR IP MCM MSGP MS4 NOC NOD NO! NOT NPDES SWMP Best Management Practice Code of Federal Regulations Construction General Permit, TXRl50000 Clean Water Act Discharge Monitoring Report Environmental Protection Agency Federal Register Implementation Procedures Minimum Control Measure Multi-Sector General Permit, TXR050000 Municipal Separate Storm Sewer System Notice of Change Notice of Deficiency Notice of Intent Notice of Termination (to terminate coverage under a general permit) National Pollutant Discharge Elimination System Storm Water Management Program Page 8 TPDES General Permit No. TXR040000 .. III III .. II .. . .. .- .. .. .. .. III .- . .- .- .- .- . .- .. . .- iii .. .. .. III ,. ,. rIJj ,. .- .- " PI SWP3, SWPPP Storm Water Pollution Prevention Plan TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality TPDES Texas Pollutant Discharge Elimination System TWC Texas Water Code Part II. Permit Applicability and Coverage This general permit provides authorization for storm water and certain non-storm water discharges from small municipal separate storm sewer systems (MS4) to surface water in the state. The general permit contains requirements applicable to all small MS4s that are eligible for coverage under this general permit. A. Small MS4s Eligible for Authorization by General Permit I. Small MS4s Located in an Urbanized Area A small MS4 that is fully or partially located within an urbanized area, as determined by the 2000 Decennial Census by the U.S. Bureau of Census, must obtain authorization for the discharge of storm water runoff and is eligible for coverage under this general permit. 2. Designated Small MS4s A small MS4 that is outside an urbanized area that is "designated" by TCEQ based on evaluation criteria as required by 40 CFR 9 122.32(a)(2) or 40 CFR 9 I 22.26(a)(l)(v) and adopted by reference in Title 30, Texas Administrative Code (T AC), 9 281.25, is eligible for coverage under this general permit. Following designation, operators of small MS4s must obtain authorization under this general permit or apply for coverage under an individual TPDES storm water permit within 180 days of notification of their designation. The portion of the small MS4 that is required to meet the conditions of this general permit are those portions that are located within the urbanized area, as well as any portion of the small MS4 that is designated. B. Allowable Non-Storm Water Discharges The following non-storm water sources may be discharged from the small MS4 and are not required to be addressed in the small MS4's Illicit Discharge and Detection or other minimum control measures, unless they are determined by the permittee or the TCEQ to be significant contributors of pollutants to the small MS4: Page 9 ... TPDES General Permit No. TXR040000 1. water line flushing (excluding discharges of hyper chlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life); 2. runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation utilizing potable water, groundwater, or surface water sources; 3. discharges from potable water sources; 4. diverted stream flows; 5. rising ground waters and springs; 6. uncontaminated ground water infiltration; 7. uncontaminated pumped ground water; 8. foundation and footing drains; 9. air conditioning condensation; 10. water from crawl space pumps; 11. individual residential vehicle washing; 12. flows from wetlands and riparian habitats; 13. dechlorinated swimming pool discharges; 14. street wash water; 15. discharges or flows from fire fighting activities (fire fighting activities do not include washing of trucks, run-off water from training activities, test water from fire suppression systems, and similar activities); 16. other allowable non-storm water discharges listed in 40 CFR 9 122.26(d)(2)(iv)(B)(1); 17. non-storm water discharges that are specifically listed in the TPDES Multi Sector General Permit (MSGP) or the TPDES Construction General permit (CGP); and 18. other similar occasional incidental non-storm water discharges, unless the TCEQ develops permits or regulations addressing these discharges. Page 10 TPDES General Permit No. TXR040000 C. Limitations on Permit Coverage I. Discharges Authorized by Another TPDES Permit Discharges authorized by an individual or other general TPDES permit may be authorized under this TPDES general permit only if the following conditions are met: (a) the discharges meet the applicability and eligibility requirements for coverage under this general permit; (b) a previous application or permit for the discharges has not been denied, terminated, or revoked by the executive director as a result of enforcement or water quality related concerns. The executive director may provide a waiver to this provision based on new circumstances at the regulated small MS4; and (c) the executive director has not determined that continued coverage under an individual permit is required based on consideration of an approved total maximum daily loading (TMDL) model and implementation plan, anti-backsliding policy, history of substantive non-compliance or other 30 T AC Chapter 205 considerations and requirements, or other site-specific considerations. 2. Discharges of Storm Water Mixed with Non-Storm Water Storm water discharges that combine with sources of non-storm water are not eligible for coverage by this general permit, unless either the non-storm water source is described in Part H.B or Part VI.B. of this general permit or the non-storm water source is authorized under a separate TPDES permit. 3. Compliance with Water Quality Standards Discharges to surface water in the state that would cause or contribute to a violation of water quality standards or that would fail to protect and maintain existing designated uses are not eligible for coverage under this general permit. The executive director may require an application for an individual permit or alternative general permit to authorize discharges to surface water in the state if the executive director determines that an activity will cause a violation of water quality standards or is found to cause or contribute to the impairment of a designated use of surface water in the state. The executive director may also require an application for an individual permit considering factors described in Part H.E.2. 4. Discharges to Water Quality-Impaired Receiving Waters New sources or new discharges of the constituent(s) of concern to impaired waters are not authorized by this permit unless otherwise allowable under 30 T AC Chapter 305 and applicable state law. Impaired waters are those that do not meet applicable water quality standard(s) and are listed on the Clean Water Act 9 303(d) list. Constituents of concern are those for which the water body is listed as impaired. Page 11 TPDES General Permit No. TXR040000 Discharges of the constituent(s) of concern to impaired water bodies for which there is a TMDL implementation plan are not eligible for this general permit unless they are consistent with the approved TMDL and the implementation plan. Permitted MS4 operators must incorporate the limitations, conditions and requirements applicable to their discharges, including monitoring frequency and reporting required by TCEQ rules, into their SWMP in order to be eligible for permit coverage. For discharges not eligible for coverage under this general permit, the discharger must apply for and receive an individual TPDES permit prior to discharging. 5. Discharges to the Edwards Aquifer Recharge Zone Discharges of storm water from regulated small MS4s, and other non-storm water discharges, can not be authorized by this general permit where those discharges are prohibited by 30 T AC Chapter 213 (relating to Edwards Aquifer). New discharges located within the Edwards Aquifer Recharge Zone, or within that area upstream from the recharge zone and defined as the Contributing Zone, must meet all applicable requirements of, and operate according to, 30 T AC Chapter 213 (Edwards Aquifer Rule) in addition to the provisions and requirements of this general permit. For existing discharges, the requirements of the agency-approved Water Pollution Abatement Plan under the Edwards Aquifer Rules are in addition to the requirements of this general permit. BMPs and maintenance schedules for structural storm water controls, for example, may be required as a provision of the rule. All applicable requirements of the Edwards Aquifer Rule for reductions of suspended solids in storm water runoff are in addition to the effluent limitation requirements found in Part VI.D. of this general permit. A copy of the agency-approved Water Pollution Abatement Plans that are required by the Edwards Aquifer Rule must either be attached as a part of the SWMP or referenced in the SWMP. For discharges located on or within ten stream miles upstream of the Edwards Aquifer recharge zone, applicants must also submit a copy of the NOI to the appropriate TCEQ regional office. Counties: Contact: Comal, Bexar, Medina, Uvalde, and Kinney TCEQ Water Program Manager San Antonio Regional Office 14250 Judson Road San Antonio, Texas 78233-4480 (210) 490-3096 Williamson, Travis, and Hays TCEQ Water Program Manager Austin Regional Office 1921 Cedar Bend Drive, Suite 150 Austin, Texas 78758-5336 (512) 339-2929 Page 12 TPDES General Permit No. TXR040000 6. Discharges to Specific Watersheds and Water Quality Areas Discharges of storm water from regulated small MS4s and other non-storm water discharges can not be authorized by this general permit where prohibited by 30 T AC Chapter 311 (relating to Watershed Protection) for water quality areas and watersheds. 7. Protection of Streams and Watersheds by Home Rule Municipalities This general permit does not limit the authority of a home-rule municipality provided by S 401.002 of the Texas Local Government Code. 8. Indian Country Lands Storm water runoff from MS4s or construction activities occurring on Indian Country lands are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges of storm water require authorization under federal NPDES regulations, authority for these discharges must be obtained from the U.S. Environmental Protection Agency (EPA). 9. Other Nothing in Part II of the general permit is intended to negate any person's ability to assert the force majeure (act of God, war, strike, riot, or other catastrophe) defenses found in 30 T AC S 70.7. This permit does not transfer liability for the act of discharging without, or in violation of, a NPDES or a TPDES permit from the operator of the discharge to the permittee(s). D. Obtaining Authorization 1. Application for Coverage When submitting an NO! and Storm Water Management Program (SWMP) as described in Parts II.D.3., II.DA, and Part III for coverage under this general permit, the applicant must follow the public notice and availability requirements found in Part II.D.I2. of this section. Applicants seeking authorization to discharge under this general permit must submit a completed NOI, on a form approved by the executive director, and a SWMP as described in Part III. The NO! and SWMP must be submitted to the TCEQ Water Quality Division, at the address specified on the form. Discharge authorization begins when the applicant is notified by TCEQ that the NO! and SWMP have been administratively and technically reviewed and the applicant has followed the public participation provisions in Part II.D.12. Following review of the NOI and SWMP, the executive director may determine that: I) the submission is complete and confirm coverage by providing a notification and an authorization number, 2) the NOI and/or SWMP are incomplete and deny coverage until a complete NOI and/or SWMP are submitted, 3) approve the NOI and/or SWMP with revisions and provide a written description of the required revisions along with any compliance schedule(s), or 4) Page 13 TPDES General Permit No. TXR040000 deny coverage and provide a deadline by which the MS4 operator must submit an application for an individual permit. Denial of coverage under this general permit is subject to the requirements of30 TAC 9 205.4(c). Application deadlines are as follows: (a) Small MS4s Located in an Urbanized Area Operators of small MS4s described in Part II. A. 1 must submit an NOI and SWMP within 180 days following the effective date of this general permit. (b) Designated Small MS4s Operators of small MS4s described in Part II.A.2 must submit an NOI and SWMP within 180 days of being notified in writing by the TCEQ of the need to obtain permit coverage. 2. Late Submission of the NOI and SWMP An NOI and SWMP are not prohibited from being submitted late or after the deadlines provided. If a late NOI and SWMP is submitted, authorization is only for discharges that occur after permit coverage is obtained. The TCEQ reserves the right to take appropriate enforcement actions for any unpermitted discharges. 3. Storm Water Management Program (SWMP) A SWMP must be developed and submitted with the NOI for eligible discharges that will reach waters of the United States (U.S.), including discharges from the regulated small MS4 to other MS4s or privately-owned separate storm sewer systems that subsequently drain to waters of the U.S. according to the requirements of Part III of this general permit and submitted with the NO!. The SWMP must include a time line that demonstrates a schedule for implementation of the program throughout the permit term. The program must be completely implemented within five years of the issuance date of this general permit, or within five years of being designated for those small MS4s which are designated following permit issuance. Implementation of the SWMP is required immediately following receipt of written authorization from the TCEQ. Changes may be made to the SWMP during the permit term. Changes that are made to the SWMP before the NOI is approved by the TCEQ must be submitted in a letter providing supplemental information to the NO!. Changes to the SWMP that are made after TCEQ approval of the NOI and SWMP may be made following written approval of the changes from the TCEQ, except that written approval is not required for the following changes: (a) Adding components, controls, or requirements to the SWMP; or replacing a BMP with an equivalent BMP, may be made by the permittee at any time upon submittal of a notice of change (NOC) form to the address specified on the form to the TCEQ. (b) Replacing a less effective or infeasible BMP specifically identified in the SWMP with an alternate BMP may be requested at any time. Changes must be submitted on Page 14 TPDES General Permit No. TXR040000 an NOC form to the address specified on the form. Unless denied in writing by the TCEQ, the change shall be considered approved and may be implemented by the permittee 60 days from submitting the request. Such requests must include the following: (l) an explanation of why the BMP was eliminated; (2) an explanation of the effectiveness of the replacement BMP; and (3) an explanation of why the replacement BMP is expected to achieve the goals of the replaced BMP. 4. Contents of the NO! The NOI must contain the following minimum information: (a) MS4 Operator Information (1) the name, mailing address, telephone number, and fax number of the MS4 operator; and (2) the legal status of the MS4 operator (e.g., federal government, state government, county government, city government, or other government). (b) Site Information (1) the name, physical location description, and latitude and longitude of the approximate center of the regulated portion of the small MS4; (2) county or counties where the small MS4 is located; (3) an indication if all or a portion of the small MS4 is located on Indian Country Lands; (4) if the applicant develops a seventh minimum control measure to obtain authorization for construction activities, the boundary within which those activities will occur; (5) the name, mailing address, telephone number, and fax number of the designated person(s) responsible for implementing or coordinating implementation of the SWMP; (6) a certification that a S WMP has been developed according to the provisions of this permit; (7) a statement that the applicant will comply with the Public Participation requirements described in Part II.D.12.; Page 15 TPDES General Permit No. TXR040000 (8) the name of each classified segment that receives discharges, directly or indirectly, from the small MS4. If one or more of the discharge(s) is not directly to a classified segment, then the name of the first classified segment that those discharges reach shall be identified; (9) the name of any MS4 receiving the discharge prior to discharge into surface water in the state; and (10) the name of all surface water(s) receiving discharges from the small MS4 that are on the latest EP A-approved CW AS 303( d) list of impaired waters. 5. Notice of Change (NOC) If the MS4 operator becomes aware that it failed to submit any relevant facts, or submitted incorrect information in the NOI, the correct information must be provided to the executive director in a NOC within 30 days after discovery. If any information provided in the NO! changes, an NOC must be submitted within 30 days from the time the permittee becomes aware of the change. Any revisions that are made to the SWMP must be made in accordance with Part II.D.3. above. Changes that are made to the SWMP following NOI approval must be made using an NOC form, in accordance with Part II.D.3. above. 6. Change in Operational Control of a Small MS4 If the operational control of the regulated small MS4 changes, the present operator must submit a Notice of Termination (NOT) and the new operator must submit a NOI and SWMP. The NOT and NOI must be submitted concurrently no greater than 10 days after the change occurs. 7. Notice of Termination (NOT) A permittee may terminate coverage under this general permit by providing a Notice of Termination (NOT) on a form approved by the executive director. Authorization to discharge terminates at midnight on the day that an NOT is postmarked for delivery to the TCEQ. IfTCEQ provides for electronic submission ofNOTs during the term of this permit, authorization to discharge terminates 24 hours following confirmation of receipt of the electronic NOT form by the TCEQ. An NOT must be submitted within 30 days after the MS4 operator obtains coverage under an individual permit. 8. Signatory Requirement for NO!, NOT, NOC, and Waiver Forms NO!, NOT, NOC, and Waiver forms must be signed and certified consistent with 30 T AC S 305.44(a) and (b) (relating to Signatories to Applications). Page 16 TPDES General Permit No. TXR040000 9. Fees An application fee of $100 must be submitted with each NO!. A fee is not required for submission of a waiver form, an NOT, or an NOC. A permittee authorized under this general permit must pay an annual Water Quality fee of $100 under Texas Water Code, 926.0291 and 30 TAC Chapter 205 (relating to General Permits for Waste Discharges). 10. Permit Expiration (a) This general permit is effective for five years from the date of issuance. Authorizations for discharge under the provisions of this general permit may continue until the expiration date ofthe general permit. This general permit may be amended, revoked, or canceled by the commission or renewed by the commission for an additional term or terms not to exceed five years. (b) If the Executive Director proposes to reissue this general permit before the expiration date, the general permit shall remain in effect after the expiration date for those existing discharges covered by the general permit in accordance with 30 T AC, Chapter 205. The general permit shall remain in effect for these dischargers until the date on which the commission takes final action on the proposal to reissue this general permit. No new NOIs will be accepted and no new authorizations will be processed under the general permit after the expiration date. (c) Upon issuance of a renewed or amended general permit, all permittees, including those covered under the expired general permit, may be required to submit an NOI according to the requirements of the new general permit or to obtain a TPDES individual permit for those discharges. (d) If the commission does not propose to reissue this general permit within 90 days before the expiration date, permittees must apply for authorization under a TPDES individual permit or an alternative general permit. If the application for an individual permit is submitted before the expiration date, authorization under this expiring general permit remains in effect until the issuance or denial of an individual permit. II. Suspension of Permit Coverage The executive director may suspend an authorization under this general permit for the reasons specified in 30 T AC 9 205.4(d) by providing the discharger with written notice of the decision to suspend that authority, and the written notice will include a brief statement of the basis for the decision. If the decision requires an application for an individual permit or an alternative general permit, the written notice will also include a statement establishing the deadline for submitting an application. The written notice will state that the authorization under this general permit is either suspended on the effective date of the commission's action on the permit application, unless the commission expressly provides otherwise, or Page I 7 TPDES General Permit No. TXR040000 immediately, if required by the executive director. 12. Public Participation An applicant under this general permit must adhere to the following procedures: (a) The applicant must submit the NOI and a SWMP to the executive director. (b) After the applicant receives written instructions from the TCEQ's Office of Chief Clerk, the applicant must publish notice of the executive director's preliminary determination on the NO! and SWMP. (c) The notice must include: (I) the legal name of the MS4 operator; (2) identify whether the NO! is for a new small MS4 or is a renewal of an existing operation; (3) the address of the applicant; (4) a brief summary of the information included in the NOI, such as the general location of the small MS4 and a description of the classified receiving waters that receive the discharges from the small MS4; (5) the location and mailing address where the public may provide comments to the TCEQ; (6) the public location where copies of the NO! and SWMP, as well as the executive director's general permit and fact sheet, may be reviewed; and (7) if required by the executive director, the date, time, and location of the public meeting. (d) This notice must be published at least once in the newspaper oflargest circulation in the county where the small MS4 is located. If the small MS4 is located in multiple counties, the notice must be published at least once in the newspaper of largest circulation in the county containing the largest resident population. This notice shall provide opportunity for the public to submit comments on the NO! and SWMP. In addition, the notice shall allow the public to request a public meeting. A public meeting will be held if the TCEQ determines that there is significant public interest. (e) The public comment period begins on the first date the notice is published and ends 30 days later, unless a public meeting is held. If a public meeting is held, the comment period will end at the closing of the public meeting. The public may submit written comments to the TCEQ Office of Chief Clerk during the comment period detailing how the NO! or SWMP for the small MS4 fails to meet the Page 18 TPDES General Permit No. TXR040000 technical requirements or conditions of this general permit. (f) If significant public interest exists, the executive director will direct the applicant to publish a notice of the public meeting and to hold the public meeting. The applicant must publish notice of a public meeting at least 30 days before the meeting and hold the public meeting in a county where the small MS4 is located. TCEQ staff will facilitate the meeting. (g) If a public meeting is held, the applicant shall describe the contents of the NO! and SWMP. The applicant shall also provide maps and other data on the small MS4. The applicant shall provide a sign in sheet for attendees to register their names and addresses and furnish the sheet to the executive director. A public meeting held under this general permit is not an evidentiary proceeding. (h) The applicant must file with the Chief Clerk a copy and an affidavit of the publication ofnotice(s) within 60 days of receiving the written instructions from the Office of Chief Clerk. (i) The executive director, after considering public comment, shall approve, approve with conditions, or deny the NO! based on whether the NO! and SWMP meet the requirements of this general permit. (j) Persons whose names and addresses appear legibly on the sign in sheet from the public meeting and persons who submitted written comments to the TCEQ will be notified by the TCEQ's Office of Chief Clerk of the executive director's decision regarding the authorization. E. Permitting Options 1. Authorization Under the General Permit An operator of a small MS4 is required to obtain authorization either under this general permit, or under an individual TPDES permit if it is located in an urbanized area or if it is designated by the TCEQ. Multiple small MS4s with separate operators must individually submit an NOI to obtain coverage under this general permit, regardless of whether the systems are physically interconnected, located in the same urbanized area, or are located in the same watershed. Each regulated small MS4 will be issued a distinct permit number. These MS4 operators may combine or share efforts in meeting any or all of the SWMP requirements stated in Part III of this general permit. MS4 operators that share SWMP development and implementation must meet the following conditions: (a) Participants The SWMP must clearly list the name and permit number for each MS4 operator that contributes to development or implementation of the SWMP, and provide confirmation that the contributing MS4 operator has agreed to contribute. If a contributing MS4 has submitted an NO! and SWMP to TCEQ, but has not yet Page 19 TPDES General Permit No. TXR040000 received written notification of approval, along with the accompanying permit authorization number, a copy of the submitted NOI form must be made readily available or included in the SWMP. (b) Responsibilities Each permittee is entirely responsible for meeting SWMP requirements within the boundaries of its MS4. Where a separate MS4 operator is contributing to implementation of the SWMP, the SWMP must clearly define the contribution and clearly identify the contributing MS4 operator. 2. Alternative Coverage under an Individual TPDES Permit An MS4 operator eligible for coverage under this general permit may alternatively be authorized under an individual TPDES permit according to 30 T AC Chapter 305 (relating to Consolidated Permits). The executive director may require an MS4 operator, authorized by this general permit, to apply for an individual TPDES permit because of: the conditions of an approved TMDL or TMDL implementation plan; a history of substantive non-compliance; or other 30 T AC Chapter 205 considerations and requirements; or other site-specific considerations. F. Waivers The TCEQ may waive permitting requirements for small regulated MS4 operators if the criteria are met for Waiver Option I or 2. To obtain Waiver Option I, the MS4 operator must submit the request on a waiver form provided by the executive director. To obtain Waiver Option 2, the MS4 operator must contact the executive director and coordinate the activities required to meet the waiver conditions. A provisional waiver from permitting requirements begins two days after a completed waiver form is postmarked for delivery to the TCEQ. Following review of the waiver form, the executive director may: I) determine that the waiver form is complete and confirm coverage under the waiver by providing a notification and a waiver number, 2) determine that the waiver form is incomplete and deny the waiver until a completed waiver form is submitted, or 3) deny the waiver and require that permit coverage be obtained. If the conditions of either waiver are not met by the MS4 operator, then the MS4 operator must submit an application for coverage under this general permit or a separate TPDES permit application. The TCEQ can, at any time, require a previously waived MS4 operator to comply with this general permit or another TPDES permit if circumstances change so that the conditions of the waiver are no longer met. Changed circumstances can also allow a regulated MS4 operator to request a waiver at any time. I. Waiver Option 1: The system serves a population of less than 1,000 within an urbanized area and meets the following criteria: (a) the system is not contributing substantially to the pollutant loadings of a physically interconnected MS4 that is regulated by the NPDES / TPDES storm water program Page 20 TPDES General Permit No. TXR040000 (40 CFR 9 I22.32(d)); and (b) if the system discharges any pollutant(s) that have been identified as a cause of impairment of any water body to which the small MS4 discharges, storm water controls are not needed based on wasteload allocations that are part of an EP A approved or established "total maximum daily load" (TMDL) that addresses the pollutant(s) of concern. 2. Waiver Option 2: The system serves a population under 10,000 and meets the following criteria: (a) the TCEQ has evaluated all waters of the United States, including small streams, tributaries, lakes, and ponds, that receive a discharge from the small MS4; (b) for all such waters, the TCEQ has determined that storm water controls are not needed based on wasteload allocations that are part of an approved or established TMDL that addresses the pollutant(s) of concern or, if a TMDL has not been developed or approved, an equivalent analysis that determines sources and allocations for the pollutant(s) of concern; and (c) the TCEQ has determined that future discharges from the small MS4 do not have the potential to exceed Texas surface water quality standards, including impairment of designated uses, or other significant water quality impacts, including habitat and biological impacts. Part III. Storm Water Management Program (SWMP) To the extent allowable under state and local law, a SWMP must be developed and implemented according to the requirements of Part III of this general permit, for storm water discharges that reach waters of the United States, regardless of whether the discharge is conveyed through a separately operated storm sewer. The SWMP must be developed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and the Texas Water Code. Existing programs or best management practices (BMPs) may be used to fulfill the requirements of this general permit. The MS4 operator must develop the SWMP to include the six minimum control measures described in Part IILA.I. through 6, and the operator may develop and include the optional seventh minimum control measure in Part IILA.7. Small MS4s have five years from the date of issuance of this general permit to fully implement their SWMP. A discharger's compliance with its approved SWMP will be deemed compliance with Part III of this permit. Where the permittee lacks the authority to develop ordinances or to implement enforcement actions, the permittee shall exert enforcement authority as required by this general permit for its facilities, employees, and contractors. For discharges from third party actions, the permittee shall perform inspections and exert enforcement authority to the MEP. If the permittee does not have enforcement authority and is unable to meet the goals of this general permit through its own powers, then, unless otherwise stated in this general permit, the permittee shall perform the Page 21 TPDES General Permit No. TXR040000 following action in order to meet the goals of the permit: · Enter into interlocal agreements with municipalities where the small MS4 is located. These interlocal agreements must state the extent to which the municipality will be responsible for inspections and enforcement authority in order to meet the conditions of this general permit; or, · if the permittee is unable to enter into inter-local agreements, notify the TCEQ's Field Operations Division as needed to report discharges or incidents that it can not itself enforce against. The controls and Best Management Practices (BMPs) included in the SWMP constitute effluent limitations for the purposes of compliance with the requirements of 30 T AC Chapter 319, Subchapter B, related to Hazardous Metals. A. Minimum Control Measures 1. Public Education and Outreach on Storm Water Impacts (a) A public education program must be developed and implemented to distribute educational materials to the community or conduct equivalent outreach activities that will be used to inform the public. The MS4 operator may determine the most appropriate sections of the population at which to direct the program. The MS4 operator must consider the following groups and the SWMP shall provide justification for any listed group that is not included in the program: (1) residents; (2) visitors; (3) public service employees; (4) businesses; (5) commercial and industrial facilities; and (6) construction site personnel. The outreach must inform the public about the impacts that storm water run-off can have on water quality, hazards associated with illegal discharges and improper disposal of waste, and steps that they can take to reduce pollutants in storm water runoff. (b) The MS4 operator must document activities conducted and materials used to fulfill this control measure. Documentation shall be detailed enough to demonstrate the amount of resources used to address each group. This documentation shall be retained in the annual reports required in Part IV.B.2. of this general permit. Page 22 TPDES General Permit No. TXR040000 2. Public Involvement/Participation The MS4 operator must, at a minimum, comply with any state and local public notice requirements when implementing a public involvement/participation program. It is recommended that the program include provisions to allow all members of the public within the small MS4 the opportunity to participate in SWMP development and implementation. Correctional facilities will not be required to implement this MCM. 3. Illicit Discharge Detection and Elimination (a) Illicit Discharges A section within the SWMP must be developed to establish a program to detect and eliminate illicit discharges to the small MS4. The SWMP must include the manner and process to be used to effectively prohibit illicit discharges. To the extent allowable under state and local law, an ordinance or other regulatory mechanism must be utilized to prohibit and eliminate illicit discharges. Elements must include: (I) Detection The SWMP must list the techniques used for detecting illicit discharges; and (2) Elimination The SWMP must include appropriate actions and, to the extent allowable under state and local law, establish enforcement procedures for removing the source of an illicit discharge. (b) Allowable Non-Storm Water Discharges Non-storm water flows listed in Part II.B and Part VI.B. do not need to be considered by the MS4 operator as an illicit discharge requiring elimination unless the operator of the small MS4 or the executive director identifies the flow as a significant source of pollutants to the small MS4. In lieu of considering non-storm water sources on a case-by-case basis, the MS4 operator may develop a list of common and incidental non-storm water discharges that will not be addressed as illicit discharges requiring elimination. If developed, the listed sources must not be reasonably expected to be significant sources of pollutants either because of the nature of the discharge or the conditions that are established by the MS4 operator prior to accepting the discharge to the small MS4. If this list is developed, then all local controls and conditions established for these listed discharges must be described in the SWMP and any changes to the SWMP must be included in the annual report described in Part IV.B.2. of this general permit, and must meet the requirements of Part II.D.3. of the general permit. Page 23 TPDES General Permit No. TXR040000 (c) Storm Sewer Map (1) A map of the storm sewer system must be developed and must include the following: (i) the location of all outfalls; (ii) the names and locations of all waters of the U.S. that receive discharges from the outfalls; and (iii) any additional information needed by the permittee to implement its SWMP. (2) The SWMP must include the source of information used to develop the storm sewer map, including how the outfalls are verified and how the map will be regularly updated. 4. Construction Site Storm Water Runoff Control The MS4 operator, to the extent allowable under State and local law, must develop, implement, and enforce a program to reduce pollutants in any storm water runoff to the small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre or if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more of land. The MS4 operator is not required to develop, implement, and/or enforce a program to reduce pollutant discharges from sites where the construction site operator has obtained a waiver from permit requirements under NPDES or TPDES construction permitting requirements based on a low potential for erosIOn. (a) The program must include the development and implementation of, at a minimum, an ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under state and local law. (b) Requirements for construction site contractors to, at a minimum: (1) implement appropriate erosion and sediment control BMPs; and (2) control waste such as discarded building materials, concrete truck washout water, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. (c) The MS4 operator must develop procedures for: (1) site plan review which incorporate consideration of potential water quality impacts; Page 24 TPDES General Permit No. TXR040000 (2) receipt and consideration of information submitted by the public; and (3) site inspection and enforcement of control measures to the extent allowable under state and local law. 5. Post-Construction Storm Water Management in New Development and Redevelopment To the extent allowable under state and local law, the MS4 operator must develop, implement, and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre of land, including projects less than one acre that are part of a larger common plan of development or sale that will result in disturbance of one or more acres, that discharge into the small MS4. The program must ensure that controls are in place that would prevent or minimize water quality impacts. The permittee shall: (a) Develop and implement strategies which include a combination of structural and/or non-structural BMPs appropriate for the community; (b) Use an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under state and local law; and (c) Ensure adequate long-term operation and maintenance of BMPs. 6. Pollution Prevention/Good Housekeeping for Municipal Operations A section within the SWMP must be developed to establish an operation and maintenance program, including an employee training component, that has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. (a) Good Housekeeping and Best Management Practices (BMPs) Housekeeping measures and BMPs (which may include new or existing structural or non-structural controls) must be identified and either continued or implemented with the goal of preventing or reducing pollutant runoff from municipal operations. Examples of municipal operations and municipally owned areas include, but are not limited to: (1) park and open space maintenance; (2) street, road, or highway maintenance; (3) fleet and building maintenance; (4) storm water system maintenance; (5) new construction and land disturbances; Page 25 TPDES General Permit No. TXR040000 (6) municipal parking lots; (7) vehicle and equipment maintenance and storage yards; (8) waste transfer stations; and (9) salt/sand storage locations. (b) Training A training program must be developed for all employees responsible for municipal operations subject to the pollution prevention/good housekeeping program. The training program must include training materials directed at preventing and reducing storm water pollution from municipal operations. Materials may be developed, or obtained from the EP A, states, or other organizations and sources. Examples or descriptions of training materials being used must be included in the SWMP. (c) Structural Control Maintenance If BMPs include structural controls, maintenance of the controls must be performed at a frequency determined by the MS4 operator and consistent with maintaining the effectiveness of the BMP. The SWMP must list all of the following: (I) maintenance activities; (2) maintenance schedules; and (3) long-term inspection procedures for controls used to reduce floatables and other pollutants. (d) Disposal of Waste Waste removed from the small MS4 and waste that is collected as a result of maintenance of storm water structural controls must be properly disposed. A section within the SWMP must be developed to include procedures for the proper disposal of waste, including: (I) dredge spoil; (2) accumulated sediments; and (3) floatables. (e) Municipal Operations and Industrial Activities The SWMP must include a list of all: Page 26 TPDES General Permit No. TXR040000 (1) municipal operations that are subject to the operation, maintenance, or training program developed under the conditions of this section; and (2) municipally owned or operated industrial activities that are subject to TPDES industrial storm water regulations. 7. Authorization for Municipal Construction Activities The development of a MCM for municipal construction activities is an optional measure and is an alternative to the MS4 operator seeking coverage under TPDES general permit TXR150000. Additionally, contractors working for the permittee are not required to obtain a separate authorization if they do not meet the definition of a "construction site operator," as long as the permittee meets the status of construction site operator. Permittees that choose to develop this measure will be authorized to discharge storm water and certain non-storm water from construction activities where the permittee can meet the definition of "construction site operator" in Part I of this general permit. The authorization to discharge under this MCM is limited to the regulated area, such as the portion of the MS4 located within an urbanized area or the area designated by TCEQ as requiring coverage. However, an MS4 operator may also utilize this MCM over additional portions of their MS4 that are also in compliance with all of the MCMs listed in this general permit. This MCM must be developed as a part of the SWMP that is submitted with the NOI for permit coverage. If this MCM is developed after submitting the initial NOI, a NOC must be submitted notifying the executive director of this change, and identifying the geographical area or boundary where the activities will be conducted under the provisions of this general permit. Utilization of this MCM does not preclude a small MS4 from obtaining coverage under the TPDES Construction General Permit, TXR150000, or under an individual TPDES permit. (a) The MCM must include: (1) a description of how construction activities will generally be conducted by the permittee so as to take into consideration local conditions of weather, soils, and other site specific considerations; (2) a description of the area that this MCM will address and where the permittee's construction activities are covered (e.g. within the boundary of the urbanized area, the corporate boundary, a special district boundary, an extra territorial jurisdiction, or other similar jurisdictional boundary); and (3) either a description of how the permittee will supervise or maintain oversight over contractor activities to ensure that the SWP3 requirements are properly implemented at the construction site; or how the permittee will make certain that contractors have a separate authorization for storm water discharges. (4) a general description of how a SWP3 shall be developed, according to Part VI.E. of this general permit, for each construction site. Page 27 TPDES General Permit No. TXR040000 B. General Requirements Permittees must provide documentation of the development, implementation, and evaluation of the SWMP. The documentation must be included in the SWMP and may be required to be submitted in the annual report required in Part IV.B.2. of this general permit. At a minimum, the documentation must include: 1. a list of any public or private entities assisting with the development or implementation of the SWMP; 2. a list of all BMPs and measurable goals for each of the MCMs; 3. a schedule for the implementation of all SWMP requirements; 4. a description of how each measurable goal will be evaluated; 5. a rationale statement that addresses the overall program, including how the BMPs and measurable goals were selected; and 6. if applicable, a list of all MS4 operators contributing to the development and implementation of the SWMP, including a clear description of the contribution. Part IV. Recordkeeping and Reporting A. Recordkeeping 1. The permittee must retain all records, a copy of this TPDES general permit, and records of all data used to complete the application (NOI) for this general permit and satisfy the public participation requirements, for a period of at least three years, or for the remainder of the term of this general permit, whichever is longer. This period may be extended by request of the executive director at any time. 2. The permittee must submit the records to the executive director only when specifically asked to do so. The SWMP required by this general permit (including a copy of the general permit) must be retained at a location accessible to the TCEQ. 3. The permittee must make the NO! and the SWMP available to the public if requested to do so in writing. Copies of the SWMP must be made available within 10 working days of receipt of a written request. Other records must be provided in accordance with the Texas Public Information Act. However, all requests for records from federal facilities must be made in accordance with the Freedom of Information Act. 4. The period during which records are required to be kept shall be automatically extended to the date of the final disposition of any administrative or judicial enforcement action that maybe instituted against the permittee. Page 28 TPDES General Permit No. TXR040000 B. Reporting 1. General Reporting Requirements (a) Noncompliance Notification According to 30 TAC 9 305.125(9), any noncompliance which may endanger human health or safety, or the environment, must be reported by the permittee to the TCEQ. Report of such information must be provided orally or by electronic facsimile transmission (FAX) to the TCEQ regional office within 24 hours of becoming aware of the noncompliance. A written report must be provided by the permittee to the TCEQ regional office and to the TCEQ Enforcement Division (MC- 224) within five working days of becoming aware of the noncompliance. The written report must contain: (I) a description of the noncompliance and its cause; (2) the potential danger to human health or safety, or the environment; (3) the period of noncompliance, including exact dates and times; (4) if the noncompliance has not been corrected, the anticipated time it is expected to continue; and (5) steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance, and to mitigate its adverse effects. (b) Other Information When the permittee becomes aware that it either submitted incorrect information or failed to submit complete and accurate information requested in an NOI, NOT, or NOC, or any other report, it must promptly submit the facts or information to the executive director. 2. Annual Report The MS4 operator must submit a concise annual report to the executive director within 90 days of the end of each permit year. The annual report must address the previous permit year. The first permit year for annual reporting purposes shall begin on the date of permit issuance, and shall last for one year. Subsequent calendar years will begin on the anniversary date of permit issuance and last for one year. The MS4 operator must also make a copy of the annual report readily available for review by TCEQ personnel upon request. The report must include: (a) The status of the compliance with permit conditions, an assessment of the appropriateness of the identified BMPs, progress towards achieving the statutory Page 29 TPDES General Permit No. TXR040000 goal of reducing the discharge of pollutants to the MEP, the measurable goals for each of the MCMs, and an evaluation of the success of the implementation of the measurable goals; (b) Status of any additional control measures implemented by the permittee (if applicable ); (c) Any MCM activities initiated before permit issuance may be included, under the appropriate headings, as part of the first year's annual report; (d) A summary of the results of information (including monitoring data) collected and analyzed, if any, during the reporting period used to assess the success of the program at reducing the discharge of pollutants to the MEP; (e) A summary of the storm water activities the MS4 operator plans to undertake during the next reporting cycle; (f) Proposed changes to the SWMP, including changes to any BMPs or any identified measurable goals that apply to the program elements; (g) The number of municipal construction activities authorized under this general permit and the total number of acres disturbed; (h) The number of non-municipal construction activities that occurred within the jurisdiction of the permittee (as noticed to the permittee by the construction operator); and (i) Notice that the MS4 operator is relying on another government entity to satisfy some of its permit obligations (if applicable). An annual report must be prepared whether or not the NOI and SWMP has been approved by the TCEQ. If the permittee has either not implemented the SWMP or not begun to implement the SWMP because it has not received approval of the NO! and SWMP, then the annual report may include that information. Ifpermittees share a common SWMP, all permittees must contribute to a system-wide report (if applicable); Each permittee must sign and certify the annual report in accordance with 30 T AC 9 305.128 (relating to Signatories to Reports); and The annual report must be submitted to the following address: Texas Commission on Environmental Quality Storm Water & Pretreatment Team; MC - 148 P.O. Box 13087 Austin, Texas 78711-3087 Page 30 TPDES General Permit No. TXR040000 A copy of the annual report must also be submitted to the TCEQ Regional Office that serves the area of the regulated small MS4. If available, electronic submission of annual reports is encouraged. The Federal Waste Reduction Act and the Government Paperwork Elimination Act encourages governmental agencies to use electronic submission. See the TCEQ website at, www.tceQ.state.tx.us for additional information and instructions. Part V. Standard Permit Conditions A. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit condition is a violation of the general permit and statutes under which it was issued, and is grounds for enforcement action, for terminating coverage under this general permit, or for requiring a discharger to apply for and obtain an individual TPDES permit. B. Authorization under this general permit may be suspended or revoked for cause. Filing a notice of planned changes or anticipated non-compliance by the permittee does not stay any permit condition. The permittee must furnish to the executive director, upon request and within a reasonable timeframe, any information necessary for the executive director to determine whether cause exists for revoking, suspending, or terminating authorization under this general permit. Additionally, the permittee must provide to the executive director, upon request, copies of all records that the permittee is required to maintain as a condition of this general permit. C. It is not a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the permit conditions. D. Inspection and entry shall be allowed under Texas Water Code Chapters 26-28, Health and Safety Code SS 361.032-361.033 and 361.037, and 40 Code of Federal Regulations (CFR) SI22.41(i). The statement in Texas Water Code S 26.014 that commission entry ofa facility shall occur according to an establishment's rules and regulations concerning safety, internal security, and fire protection is not grounds for denial or restriction of entry to any part of the facility or site, but merely describes the commission's duty to observe appropriate rules and regulations during an inspection. E. The discharger is subject to administrative, civil, and criminal penalties, as applicable, under Texas Water Code, Chapters 26, 27, and 28, and the Texas Health and Safety Code, Chapter 361 for violations including but not limited to the following: a. negligently or knowingly violating CW A, SS 30 I, 302, 306, 307, 308, 318, or 405, or any condition or limitation implementing any sections in a permit issued under CW A, S 402; and b. knowingly making any false statement, representation, or certification in any record or other document submitted or required to be maintained under a permit, including monitoring reports or reports of compliance or noncompliance. F. All reports and other information requested by the executive director must be signed by the person Page 3 I TPDES General Permit No. TXR040000 and in the manner required by 30 TAC 9 305.128 (relating to Signatories to Reports). G. Authorization under this general permit does not convey property or water rights of any sort and does not grant any exclusive privilege. H. The permittee shall implement its SWMP on any new areas under its jurisdiction that are located in a VA or that are designated by the TCEQ. Implementation of the SWMP in these areas is required three (3) years from acquiring the new area, or five (5) years from the date of the original SWMP, whichever is later. .. Part VI. Authorization for Municipal Construction Activities The MS4 operator may obtain authorization under TPDES general permit TXRI50000 to discharge storm water runoff from each construction activity performed by the MS4 operator that results in a land disturbance of one (I) or more acres of land. Alternatively, the MS4 operator may develop the S WMP to include this optional seventh (7th) storm water MCM if the eligibility requirements in Part VLA. are met. If an MS4 operator decides to utilize this MCM, then the MS4 operator must include the MCM it in its SWMP submitted with the NO! or submit an NOC notifying the executive director of the addition of this MCM to its SWMP. The MS4 operator must identify the geographic area or boundary where the construction activities will be conducted under the provisions ofthis general permit. If the small MS4 meets the terms and requirements of this general permit, then discharges from these construction activities may be authorized under this general permit as long as they occur within the regulated geographic area of the small MS4. An MS4 operator may utilize this MCM over additional portions of their MS4 if those areas are also in compliance with all MCMs listed in this general permit. Even if an MS4 operator has developed this optional seventh storm water MCM, the MS4 operator may apply under TPDES general permit TXRI50000 for authorization for particular municipal construction activities including those activities that occur during periods of low potential for erosion (for which no SWP3 must be developed). A. Eligible Construction Sites Discharges from construction activities within the regulated area where the MS4 operator meets the definition of construction site operator are eligible for authorization under this general permit. Discharges from construction activities outside of the regulated area, where the MS4 operator meets the definition of construction site operator, are only eligible for authorization under this general permit in those areas where the MS4 operator meets the requirements of Parts lILA.I. through lILA.6 of this general permit, related to MCMs. B. Discharges Eligible for Authorization 1. Storm Water Associated with Construction Activity Discharges of storm water runoff from small and large construction activities may be authorized under this general permit. Page 32 TPDES General Permit No. TXR040000 2. Discharges of Storm Water Associated with Construction Support Activities Discharges of storm water runoff from construction support activities, including concrete batch plants, asphalt batch plants, equipment staging areas, material storage yards, material borrow areas, and excavated material disposal areas may be authorized under this general permit provided: (a) the activity is located within a I-mile distance from the boundary of the permitted construction site and directly supports the construction activity; (b) a storm water pollution prevention plan is developed according to the provisions of this general permit and includes appropriate controls and measures to reduce erosion and discharge of pollutants in storm water runoff from the supporting industrial activity site; and (c) the construction support activity either does not operate beyond the completion date of the construction activity or obtains separate TPDES authorization for discharges as required. 3. Non-storm Water Discharges The following non-storm water discharges from construction sites authorized under this general permit are also eligible for authorization under this MCM: (a) discharges from fire fighting activities (fire fighting activities do not include washing of trucks, run-off water from training activities, test water from fire suppression systems, and similar activities); (b) fire hydrant flushings; (c) vehicle, external building, and pavement wash water where detergents and soaps are not used and where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material is removed) (d) water used to control dust; (e) potable water sources including waterline flushings; (f) air conditioning condensate; and (g) uncontaminated ground water or spring water, including foundation or footing drains where flows are not contaminated with industrial materials such as solvents. Page 33 TPDES General Permit No. TXR040000 4. Other Permitted Discharges Any discharge authorized under a separate TPDES or TCEQ permit may be combined with discharges from construction sites operated by the small MS4. C. Limitations on Permit Coverage Discharges that occur after construction activities have been completed, and after the construction site and any supporting activity site have undergone final stabilization, are not eligible for coverage under Part VI of the general permit. D. Numeric Effluent Limitations All discharges of storm water runoff from concrete batch plants must be monitored at the following monitoring frequency and comply with the following numeric effluent limitations: Parameter Total Suspended Solids Oil and Grease pH Limitations Daily Maximum 65 mg/l 15 mg/l between 6 and 9 standard units Monitoring Frequency 1 /Y ear l/Y ear 1 /Y ear E. Storm Water Pollution Prevention Plan (SWP3) Operators of municipal construction activities that qualify for coverage under this general permit and that discharge storm water associated with construction activities that reach waters of the U.S. must: 1. develop a SWP3 according to the provisions of this general permit that covers the entire site and begin implementation of that plan prior to commencing construction activities; 2. post a signed copy of the notice contained in Attachment 1 of this general permit in a location at the construction site where it is readily available for viewing prior to commencing construction activities and maintain the notice in that location until completion of the construction activity and final stabilization of the site; 3. ensure the project specifications allow or provide that adequate BMPs may be developed and modified as necessary to meet the requirements of this general permit and the SWP3; 4. ensure all contractors are aware of the SWP3 requirements, are aware that municipal personnel are responsible for the day-to-day operations of the SWP3, and who to contact concerning SWP3 requirements; and 5. ensure that the SWP3 identifies the municipal personnel responsible for implementation of control measures described in the plan. Page 34 TPDES General Permit No. TXR040000 F. Effective Date of Coverage Operators of construction activities eligible for coverage under this general permit are authorized to discharge storm water associated with construction activity from a site 48 hours from the time that the signed notice is posted at the site. G. Deadlines for SWP3 Preparation and Compliance The SWP3 must: 1. be completed and initially implemented prior to commencing construction activities that result in soil disturbance; 2. be updated as necessary to reflect the changing conditions of new contractors, new areas of responsibility, and changes in best management practices; and 3. provide for compliance with the terms and conditions of this general permit. H. Plan Review and Making Plans Available The SWP3 must be retained on-site at the construction site or made readily available at the time of an on-site inspection to: the executive director; a federal, state, or local agency approving sediment and erosion plans, grading plans, or storm water management plans; local government officials; and the operator of a municipal separate storm sewer receiving discharges from the site. I. Keeping Plans Current The permittee must amend the SWP3 whenever: 1. there is a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants and that has not been previously addressed in the SWP3; or 2. results of inspections or investigations by site operators, authorized TCEQ personnel, or a federal, state or local agency approving sediment and erosion plans indicate the SWP3 is proving ineffective in eliminating or significantly minimizing pollutants in discharges authorized under this general permit. J. Contents of SWP3 The SWP3 must include, at a minimum, the information described in this section. 1. A site description, or project description, must be developed to include: (a) a description of the nature of the construction activity, potential pollutants and sources; Page 35 TPDES General Permit No. TXR040000 (b) a description of the intended schedule or sequence of major activities that will disturb soils for major portions of the site; (c) the number of acres of the entire construction site property and the total number of acres of the site where construction activities will occur, including off-site material storage areas, overburden and stockpiles of dirt, and borrow areas; (d) data describing the soil type or the quality of any discharge from the site; (e) a map showing the general location of the site (e.g. a portion of a city or county map); (f) a detailed site map indicating the following: (1) drainage patterns and approximate slopes anticipated after major grading activities; (2) areas where soil disturbance will occur; (3) areas which will not be disturbed; (4) locations of all major structural controls either planned or in place; (5) locations where stabilization practices are expected to be used; (6) locations of off-site material, waste, borrow or equipment storage areas; (7) surface waters (including wetlands) either adjacent or in close proximity; and (8) locations where storm water discharges from the site directly to a surface water body. (g) the location and description of asphalt plants and concrete plants (if any) providing support to the construction site and that are also authorized under this general permit; (h) the name of receiving waters at or near the site that will be disturbed or that ,will receive discharges from disturbed areas of the project; and (i) a copy of Part VI of this TPDES general permit. 2. The SWP3 must describe the structural and the non-structural controls (best management practices) that will be used to minimize pollution in runoff. The description must identify the general timing or sequence for implementation and the party responsible for implementation. At a minimum, the description must include the following components: Page 36 TPDES General Permit No. TXR040000 (a) Erosion and Sediment Controls (1) Erosion and sediment controls must be designed to retain sediment on-site to the maximum extent practicable with consideration for local topography and rainfall. (2) Control measures must be properly selected, installed, and maintained according to the manufacturer's or designer's specifications. If periodic inspections or other information indicates a control has been used incorrectly, or that the control is performing inadequately, the operator must replace or modify the control. (3) Sediment must be removed from sediment traps and sedimentation ponds no later than the time that design capacity has been reduced by 50%. (4) If sediment escapes the site, accumulations must be removed at a frequency to minimize further negative effects and, whenever feasible, prior to the next rain event. (5) Controls must be developed to limit offsite transport oflitter, construction debris, and construction materials by storm water runoff. 3. Stabilization Practices The SWP3 must include a description of interim and permanent stabilization practices for the site, including a schedule of when the practices will be implemented. Site plans should ensure that existing vegetation is preserved where it is possible. (a) Stabilization practices may include but are not limited to: establishment of temporary vegetation, establishment ofpermanent vegetation, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of existing trees and vegetation and other similar measures. (b) The following records must be maintained and either attached to or referenced in the SWP3 and made readily available upon request to the parties in Part VI.H. of this general permit: (1) the dates when major grading activities occur; (2) the dates when construction activities temporarily or permanently cease on a portion of the site; and (3) the dates when stabilization measures are initiated. (c) Stabilization measures must be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, and except as provided in (1) through (3) below, must be initiated no more than fourteen (14) days Page 37 ., ." ~ ~ .. .. .. .. .. .. .. rill .. ", ", ~ rIt :: ", ~ TPDES General Permit No. TXR040000 after the construction activity 10 that portion of the site has temporarily or permanently ceased. (1) Where the initiation of stabilization measures by the 14th day after construction activity temporarily or permanently ceased is precluded by snow cover or frozen ground conditions, stabilization measures must be initiated as soon as practicable. (2) Where the initiation of stabilization measures by the 14th day after construction activity has temporarily or permanently ceased is precluded by seasonably arid conditions, stabilization measures must be initiated as soon as practicable. These conditions exist in arid areas (areas with an average rainfall of 0 to 10 inches), semiarid areas (areas with an average annual rainfall of 10 to 20 inches), and other areas experiencing droughts. (3) Where construction activity on a portion of the site is temporarily ceased and earth disturbing activities will be resumed within twenty-one (21) days, temporary stabilization measures do not have to be initiated on that portion of site. 4. Structural Control Practices The SWP3 must include a description of any structural control practices used to divert flows away from exposed soils, to limit the contact of runoff with disturbed areas, or to lessen the off-site transport of eroded soils. (a) Sediment basins are required, where feasible, for common drainage locations that serve an area with ten (10) or more acres that remain disturbed at anyone time. Sediment basins may be either temporary or permanent, but must be designed to store either the calculated volume of runoff from a 2 year, 24 hour storm from acreage drained, or designed to provide 3,600 cubic feet of storage per acre drained. When calculating the volume ofrunofffrom a 2-year, 24-hour storm event, it is not required to include the flows from offsite areas and flow from onsite areas that are either undisturbed or have already undergone final stabilization, if these flows are diverted around both the disturbed areas of the site and the sediment basin. In determining whether installing a sediment basin is feasible, the permittee may consider factors such as site soils, slope, available area on site, public safety, and other similar considerations. Where sediment basins are not feasible, equivalent control measures, which may include a series of smaller sediment basins, must be used. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries (and for those side slope boundaries deemed appropriate as dictated by individual site conditions) of the construction area. (b) Sediment traps and sediment basins may be used to control solids in storm water runoff for drainage locations serving less than ten (10) acres. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all Page 38 ~ ~ ~ ~ rI' rI' .. '" .. .. rill ~ ", .. .. ,If TPDES General Permit No. TXR040000 down slope boundaries (and for those side slope boundaries deemed appropriate as dictated by individual site conditions) of the construction. Alternatively, a sediment basin providing storage for a calculated volume of runoff from these areas for a 2- year, 24- hour storm or 3,600 cubic feet of storage per acre drained may be provided. 5. Permanent Storm Water Controls A description of any measures that will be installed during the construction process to control pollutants in storm water discharges that will occur after construction operations have been completed must be included in the SWP3. Permittees are only responsible for the installation and maintenance of storm water management measures prior to final stabilization of the site. 6. Other Controls (a) Off-site vehicle tracking of sediments and the generation of dust must be minimized. (b) The S WP3 must include a description of construction and waste materials expected to be stored on-site and a description of controls to reduce pollutants from these materials. (c) The SWP3 must include a description of pollutant sources from areas other than construction (including storm water discharges from dedicated asphalt plants and dedicated concrete plants), and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges. 7. Approved State and Local Plans (a) Permittees must ensure the SWP3 is consistent with requirements specified in applicable sediment and erosion site plans or site permits, or storm water management site plans or site permits approved by federal, state, or local officials. (b) SWP3s must be updated as necessary to remain consistent with any changes applicable to protecting surface water resources in sediment erosion site plans or site permits, or storm water management site plans or site permits approved by state or local official for which the permittee receives written notice. 8. Maintenance All erosion and sediment control measures and other protective measures identified in the SWP3 must be maintained in effective operating condition. If through inspections the permittee determines that BMPs are not operating effectively, maintenance must be performed before the next anticipated storm event or as necessary to maintain the continued effectiveness of storm water controls. If maintenance prior to the next anticipated storm event is impracticable, maintenance must be scheduled and accomplished as soon as practicable. Page 39 rII rII ", rI' .. .. ", ", ", ", ", ~ TPDES General Permit No. TXR040000 9. Inspections of Controls (a) Personnel provided by the permittee and familiar with the SWP3 must inspect disturbed areas of the construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, all structural control measures for effectiveness and necessary maintenance, and locations where vehicles enter or exit the site for evidence of off-site tracking. Inspections must occur at least once every fourteen (14) calendar days and within twenty four (24) hours of the end of a storm event of 0.5 inches or greater. As an alternative, the SWP3 may be developed to require that these inspections will occur at least once every seven (7) calendar days; in which case additional inspections are not required following each qualifying storm event. If this alternative schedule is developed, the inspection must occur on a specifically defined day, regardless of whether or not there has been a rainfall event since the previous inspection. Where sites have been finally or temporarily stabilized, where runoff is unlikely due to winter conditions (e.g. site is covered with snow, ice, or frozen ground exists), or during seasonal arid periods in arid areas (areas with an average annual rainfall of 0 to 10 inches) and semi-arid areas (areas with an average annual rainfall of 10 to 20 inches), inspections must be conducted at least once every month. (b) Personnel provided by the permittee and familiar with the SWP3 must inspect all accessible discharge locations to determine if erosion control measures are effective in preventing visually noticeable changes to receiving waters, including persistent cloudy appearance in water color and noticeable accumulation of sediments. Where discharge locations are inaccessible, nearby downstream locations must be inspected to the extent that such inspections are practicable. The frequency for these inspections must be established by the permittee in the SWP3 with consideration for local rainfall and soil, but must occur at least once during the construction activity if a discharge occurs. (c) The SWP3 must be modified based on the results of inspections, as necessary, to better control pollutants in runoff. Revisions to the SWP3 must be completed within seven (7) calendar days following the inspection. If existing BMPs are modified or if additional BMPs are necessary, an implementation schedule must be described in the SWP3 and wherever possible those changes implemented before the next storm event. If implementation before the next anticipated storm event is impracticable, these changes must be implemented as soon as practicable. (d) A report summarizing the scope of the inspection, names and qualifications of personnel making the inspection, the dates of the inspection, and major observations relating to the implementation of the SWP3 must be made and retained as part of the SWP3. Major observations should include: the locations of discharges of sediment or other pollutants from the site; locations of BMPs that need to be maintained; locations of BMPs that failed to operate as designed or proved inadequate for a Page 40 " " " iii .. it ij .. .. .. .. .. .. ". ", ." ", ", rill rill .. .. .. TPDES General Permit No. TXR040000 particular location; and locations where additional BMPs are needed. (e) Actions taken as a result of inspections 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. 10. The SWP3 must identify and ensure the implementation of appropriate pollution prevention measures for all eligible non-storm water components of the discharge. K. Additional Retention of Records The permittee must retain the following records for a minimum period of three (3) years from the date that final stabilization has been achieved on all portions of the site. Records include: 1. a copy of the SWP3; and 2. all reports and actions required by this general permit, including a copy of the site notice. Page 41 Attachment 1 - - ..... - - .. . - .. - . - ... CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality Storm Water Program TPDES GENERAL PERMIT TXR040000 The following information is posted in compliance with Part VI of the Texas Commission on Environmental Quality's (TCEQ) TPDES General Permit Number TXR040000 for discharges of storm water runoff from construction sites that are operated by small municipal separate storm sewer system operators. Additional information regarding the TCEQ storm water permit program may be found on the internet at: www.tceQ.state.tx.us Permit Number: TXR04 Contact Name and Phone Number: Project Description: (Including estimated start date and either the projected end date, or date that disturbed soils will be finally stabilized) Location of Storm Water Pollution Prevention Plan (SWP3): I, (Typed or Printed Name Person Completing This Certification) certify under penalty oflaw that I have read and understand the eligibility requirements for claiming an authorization under Part VI of TPDES General Permit TXR040000. A storm water pollution prevention plan has been developed and implemented according to permit requirements. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature Date Page 42 -~~~~~~~~~1t~,.~~-,-----------, Attachment 2 CONCRETE BATCH FACILITIES STW I TXR04 ICO ADDRESS NATIONAL POLLUTANT DISCHARGE ELlMINA TION SYSTEM (NPDES) DISCHARGE MON[TORING REPORT (DMR) (2-[ 6) (17-19) PERM[T NUMBER I DISCHARGE NUMBER NOTE: Enter your permit number in the underlined space in the upper right hand corner of this page. Example: STWrrXR04 00123/ CO PERMITTEE NAME/ADDRESS (Include Facili'y Name/Loca';on ifOilTerenl) NAME Mail to: TCEQ (MC 213) POBox 13087 FACILITY MONITOR[NG PER[OD Austin, TX 78711-3087 LOCATION YEAR MO DAY YEAR MO DAY - 01 01 12 31 - (20-21 ) (22-23) (24-25) (26-27) (28-29) (30-31 ) PARAMETER (3 Card Only) QUANTITY OR LOADING (4 Card Only) QUALITY OR CONCENTRATION FREQUENCY (32-37) (46-53) (54-61 ) (38-45) (46-53) (54-61 ) NO, OF SAMPLE EX ANAL YSIS TYPE AVERAGE MAXIMUM UNITS MINIMUM AVERAGE MAXIMUM UNITS (62-63) (64-68) (69-70) Total SAMPLE Suspended MEASUREMENT ******* ******* ******* ******* Solids ******* SAMPLE 65 REQUIREMENf ....... ...**** ******* ******* ....... Daily Max mgll I/Y ear Grab Oil & Grease SAMPLE MEASUREMENT ******* ******* ******* ******* ******* SAMPLE 15 REQUIREMENf ******. *.*.*** ******* .*.**** ******. Daily Max mgll I/Y ear Grab pH SAMPLE MEASUREMENT ******* ******* **....* ******* ******* SAMPLE 6.0 - 9.0 REQUlREMENf ....... *...*** ******* ....... ******* Range S.U, I/Y ear Grab SAMPLE MEASUREMENT SAMPLE REQUlREMENf NAMEfTlTLE PR[NC[PAL EXECUTIVE TELEPHONE DATE OFF[CER CER1WY lJNDER PIiNALTYOF lAW 111^TTlll~ DOCUMICNT ANI) AI.!. Arr^C1IMEN'I~ WI'1U: 'REPARED tiNDER MY DIRI;{'TION OR SUPERVISION IN ACCORDAJ'.KT WITll ^ SYSTEM >ESIGNED m A~SURE TIIATQUAIJHFD PERSONNEL J>ROPERLY GATlIER AND EVALlIATE fIIEINlDRMATK)NS UnMIlTH). HA.'iEDON MYINQUlRY()F TIlE PER.'iONOK l'ENSOI'l\ WHO SIGNATURE OF PRINCIPAL ~~NAGE TIIESYSTEM, OR mOSE PER.<iOJlli I>lRf..cTlY RJ~PONSJlJI.E I'ORGATlIEl;UN:; TIlE NFORMATKlN, 111E rNFORMATKlNstIllM1TIH) IS, TO '1'111'. Ill,STe)l' MY KNOWLElXili AND EXECUTIVE AREA NUMBER YEAR MO DAY UiUEI', TRUE, MTlIRATI'. ANDCOMPI,ETE I AM AWARE '1llAT T1IEKE ARESIGNIH('AN'1 bFFICER OR AUTHORIZED AGENT TYPED OR PRINTED t;NAI.TlES RJRSlJIlMIl1'ING I'Al.'ili IN!'ORMATlON, IN'I.tJDING TilE f'OSSIllII.lTYOi' I'INE CODE ND IMI'R150NMENT IDR KJ\OWING VlOIATIONS, COMMENTS AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here) EPA Fonn 3320-1 (3-99) Fonn Approved OMB No. 2040-004 (REPLACES EPA FORM T-40 WHICH MAY NOT BE USED) PAGE OF