CP 2019-07-09City Council
City of Coppell, Texas
Meeting Agenda
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers5:30 PMTuesday, July 9, 2019
KAREN HUNT MARK HILL
Mayor Mayor Pro Tem
CLIFF LONG GARY RODEN
Place 1 Place 4
BRIANNA HINOJOSA-SMITH NANCY YINGLING
Place 2 Place 5
WES MAYS BIJU MATHEW
Place 3 Place 6
MIKE LAND
City Manager
Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular
Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately
thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 E.
Parkway Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be
convened into closed Executive Session for the purpose of seeking confidential legal advice
from the City Attorney on any agenda item listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work Session or
called Executive Session or order of business at any time prior to adjournment.
The purpose of the meeting is to consider the following items:
1.Call to Order
2.Executive Session (Closed to the Public) 1st Floor Conference Room
Section 551.072, Texas Government Code - Deliberation regarding Real Property.
A.Discussion regarding property east of MacArthur Boulevard and south of
Starleaf Street.
B.Discussion regarding property on Sanders Loop and Belt Line Road.
Page 1 City of Coppell, Texas Printed on 7/5/2019
July 9, 2019City Council Meeting Agenda
Section 551.071, Texas Government Code - Consultation with City Attorney and
Section 551.089, Texas Government Code - Deliberation regarding Security Devices or
Security Audits.
C.Discussion regarding financial security.
Section 551.076, Texas Government Code - Deliberation regarding Security Devices and
Section 551.089, Texas Government Code - Deliberation regarding Security Devices or
Security Audits.
D.Discussion related to security devices.
Section 551.071, Texas Government Code - Consultation with City Attorney.
E.Discussion regarding existing litigation challenging Senate Bill 1152 and
Senate Bill 1004.
3.Work Session (Open to the Public) 1st Floor Conference Room
A.Discussion regarding agenda items.
B.Report on City Council Vision 2040 subcommittees.
C.Discussion regarding Street Maintenance Sales Tax election.
D.Discussion regarding House Bill 2840.
E.Discussion regarding camera equipment and software for Police
Department.
Vision 2040 Sub Committee Memo.pdf
By-Laws Future Oriented Approach to Housing Task Force.pdf
By-Laws Smart City Board.pdf
Sales and Use Tax for Street Maintenance Memo.pdf
Memo HB 2840.pdf
Police Department Camera Memo.pdf
Attachments:
4.Regular Session
5.Invocation 7:30 p.m.
6.Pledge of Allegiance
7.Presentation by Northlake College North Campus.
8.Citizens’ Appearance
9.Consent Agenda
A.Consider approval of the minutes: June 11, 2019.
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July 9, 2019City Council Meeting Agenda
CM 2019-06-11.pdfAttachments:
B.Consider approval of an Interlocal Agreement between the City of Coppell
and the City of Grapevine for temporary animal control shelter services;
and authorizing the Mayor to sign.
MEMO Coppell-Grapevine Animal Services.pdf
Agreement for Temporary Animal Sheltering Grapevine Coppell.pdf
Attachments:
C.Consider approval of the purchase of one 2019 Ford F250 Regular Cab
truck from Sam Pack’s Five Star Ford, in the amount of $56,677.00, as
budgeted in FY 18-19; and authorizing the City Manager to sign any
necessary documents.
AS Vehicle Memo.pdf
AS Vehicle Quote.pdf
Attachments:
D.Consider approval authorizing the replacement of the Fire Training Room’s
Audio-Visual Equipment by Whitlock in the amount not to exceed
$70,000.00, as budgeted; and authorizing the City Manager to sign any
necessary documents.
Staff Memo - Fire Training AV Equipment Replacement.pdf
Whitlock Proposal Fire Training Room.pdf
Attachments:
E.Consider approval of an Ordinance amending Article 8-3, Parking, Section
8-3-1(A) of the Code of Ordinances by adding a subsection to make it
unlawful to stop, stand, or park a vehicle at all times on Moore Road, north
and south of Parkway Boulevard; and authorizing the Mayor to sign.
No Parking Moore Road Memo.pdf
No Parking Moore Road Exhibit.pdf
No Parking Moore Road ORD.pdf
Attachments:
F.Consider approval of an engineering services agreement with Kimley-Horn
Associates, Inc.; for the design of intersection improvements at various
locations; at a not-to-exceed cost of $244,300.00; to be funded through
IMF and a reimbursement resolution; and authorizing the City Manager to
sign any necessary documents.
Intersection Improvements Memo.pdf
Intersection Improvements Exhibit.pdf
Intersection Improvements Agreement.pdf
Attachments:
G.Consider approval of a Resolution to adopt a Storm Water Management
Plan (SWMP) for the purpose of meeting compliance goals of the new
TCEQ Phase II Municipal storm water requirements; and authorizing the
Mayor to sign.
Stormwater Management Program Memo.pdf
Stormwater Management Program.pdf
Attachments:
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July 9, 2019City Council Meeting Agenda
Stormwater Management Program RES.pdf
H.Consider approval of an Interlocal Agreement between the City of Coppell
and Northwest Dallas County Flood Control District to satisfy the
requirements of TCEQ Phase II storm water discharge compliance; and
authorizing the Mayor to sign.
Interlocal Agreement Memo.pdf
Interlocal Agreement Exhibit.pdf
Stormwater Management Program.pdf
Stormwater Management Program Interlocal Agreement.pdf
Attachments:
End of Consent Agenda
10.PUBLIC HEARING:
Consider approval of PD-299-C, Stacked Storage, zoning change request
from C (Commercial) to PD-299-C (Planned Development-299-
Commercial) to allow 5,100 square feet of office and 17,000 square feet of
storage area, with a maximum building height of 35’ on 2.7 acres of
property located at the northeast corner of SH 121 and Coppell Road, and
to amend the Land Use Map of the Coppell 2030, A Comprehensive
Master Plan from “Urban Residential Neighborhood” to “Freeway Special
District” at the request of Michael Cole, Stacked Storage.
Council cover memo.pdf
Building Elevations.pdf
Land Use Plan Amendment.pdf
Landscape Plan.pdf
Renderings, Screening Wall Elevation and Monument Sign.pdf
Site Plan.pdf
Staff Report.pdf
Tree Mitigation Plan.pdf
Attachments:
11.PUBLIC HEARING:
Consider approval of PD-209R2R-C, Town Oaks Centre (Biscuit Bar),
zoning change request from PD-209R2-C (Planned
Development-209-Revision 2-Commercial) to PD-209R2R-C (Planned
Development-209-Revision 2 Revised-Commercial) to allow the
re-occupancy of an existing vacant restaurant building requiring variances
to the Zoning Ordinance including: the expansion of an outdoor patio area
encroaching into the required setback area, five parking space deficit and
sign variances on 0.57 acres of property located at the southeast corner of
Sandy Lake Road and Denton Tap Road, at the request of Alen Hinckley,
being represented by Janie Burkett, The Biscuit Bar.
Cover Memo.pdf
Staff Report.pdf
Attachments:
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July 9, 2019City Council Meeting Agenda
Site Plan.pdf
Exterior Elevations.pdf
Sign Package.pdf
12.PUBLIC HEARING:
Consider approval of PD-224R2-HC, Northlake College, a zoning change
request from PD-224R-HC (Planned Development 224 Revised-Highway
Commercial) to PD-224R2-HC (Planned Development 224 Revision
2-Highway Commercial), to revise the Concept Master Plan and attach a
Detail Site Plan to permit a 146,655 square foot building addition and
associated variances on approximately 34.8 acres located at 101 S. Royal
Lane, at the request of Dallas County Community College District, being
represented by Scott Wegener, Beck Architecture.
Council cover memo.pdf
Staff Report.pdf
Narrative.pdf
Conceptual Master Plan.pdf
Detail Site Plan.pdf
Landscape Plan.pdf
Tree Survey.pdf
Elevations and Rendering.pdf
Material Board.pdf
Attachments:
13.City Manager Reports - Project Updates and Future Agendas
14.Mayor and Council Reports
Report by the City Council on recent and upcoming events.
15.Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
16.Necessary Action from Executive Session
17.Adjournment
________________________
Karen Selbo Hunt, Mayor
Page 5 City of Coppell, Texas Printed on 7/5/2019
July 9, 2019City Council Meeting Agenda
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of
the City of Coppell, Texas on this 5th day of July, 2019, at _____________.
______________________________
Christel Pettinos, City Secretary
PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public programs,
services and/or meetings, the City requests that individuals makes requests for these
services forty-eight (48) hours ahead of the scheduled program, service, and/or meeting. To
make arrangements, contact Kori Konon, ADA Coordinator or other designated official at (972)
462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun),
a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing
law), may not enter this property with a concealed handgun.
Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried
handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun
licensing law), may not enter this property with a handgun that is carried openly.
Page 6 City of Coppell, Texas Printed on 7/5/2019
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4596
File ID: Type: Status: 2018-4596 Agenda Item Executive Session
1Version: Reference: In Control: City Council
06/29/2019File Created:
Final Action: Exec - MacArthur/StarleafFile Name:
Title: Discussion regarding property east of MacArthur Boulevard and south of Starleaf
Street.
Notes:
Agenda Date: 07/09/2019
Agenda Number: A.
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 07/09/2019City Council
Text of Legislative File 2018-4596
Title
Discussion regarding property east of MacArthur Boulevard and south of Starleaf Street.
Summary
Page 1City of Coppell, Texas Printed on 7/5/2019
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4597
File ID: Type: Status: 2018-4597 Agenda Item Executive Session
1Version: Reference: In Control: City Council
06/30/2019File Created:
Final Action: Exec - Sanders Loop/BeltlineFile Name:
Title: Discussion regarding property on Sanders Loop and Belt Line Road.
Notes:
Agenda Date: 07/09/2019
Agenda Number: B.
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 07/09/2019City Council
Text of Legislative File 2018-4597
Title
Discussion regarding property on Sanders Loop and Belt Line Road.
Summary
Page 1City of Coppell, Texas Printed on 7/5/2019
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City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4603
File ID: Type: Status: 2018-4603 Agenda Item Executive Session
1Version: Reference: In Control: City Council
07/01/2019File Created:
Final Action: Financial SecurityFile Name:
Title: Discussion regarding financial security.
Notes:
Agenda Date: 07/09/2019
Agenda Number: C.
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 07/09/2019City Council
Text of Legislative File 2018-4603
Title
Discussion regarding financial security.
Summary
Page 1City of Coppell, Texas Printed on 7/5/2019
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4598
File ID: Type: Status: 2018-4598 Agenda Item Executive Session
1Version: Reference: In Control: City Council
06/30/2019File Created:
Final Action: Discussion related to security devicesFile Name:
Title: Discussion related to security devices.
Notes:
Agenda Date: 07/09/2019
Agenda Number: D.
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 07/09/2019City Council
Text of Legislative File 2018-4598
Title
Discussion related to security devices.
Summary
Page 1City of Coppell, Texas Printed on 7/5/2019
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4602
File ID: Type: Status: 2018-4602 Agenda Item Executive Session
1Version: Reference: In Control: City Council
07/01/2019File Created:
Final Action: Exec. Consul. with CAFile Name:
Title: Discussion regarding existing litigation challenging Senate Bill 1152 and
Senate Bill 1004.
Notes:
Agenda Date: 07/09/2019
Agenda Number: E.
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 07/09/2019City Council
Text of Legislative File 2018-4602
Title
Discussion regarding existing litigation challenging Senate Bill 1152 and Senate Bill 1004.
Summary
Page 1City of Coppell, Texas Printed on 7/5/2019
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4595
File ID: Type: Status: 2018-4595 Agenda Item Work Session
1Version: Reference: In Control: City Council
06/29/2019File Created:
Final Action: WKS 7/9File Name:
Title: A.Discussion regarding agenda items.
B.Report on City Council Vision 2040 subcommittees.
C.Discussion regarding Street Maintenance Sales Tax election.
D.Discussion regarding House Bill 2840.
E.Discussion regarding camera equipment and software for Police
Department.
Notes:
Agenda Date: 07/09/2019
Agenda Number:
Sponsors: Enactment Date:
Vision 2040 Sub Committee Memo.pdf, By-Laws
Future Oriented Approach to Housing Task Force.pdf,
By-Laws Smart City Board.pdf, Sales and Use Tax for
Street Maintenance Memo.pdf, Memo HB 2840.pdf,
Police Department Camera Memo.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 07/09/2019City Council
Text of Legislative File 2018-4595
Title
A.Discussion regarding agenda items.
B.Report on City Council Vision 2040 subcommittees.
C.Discussion regarding Street Maintenance Sales Tax election.
D.Discussion regarding House Bill 2840.
E.Discussion regarding camera equipment and software for Police Department.
Page 1City of Coppell, Texas Printed on 7/5/2019
Master Continued (2018-4595)
Summary
Page 2City of Coppell, Texas Printed on 7/5/2019
1
MEMORANDUM
To:Mayor and City Council
Through:Mike Land, City Manager
From:Traci E. Leach, Deputy City Manager
Date:July 9, 2019
Reference:Vision 2040 Council Sub-Committee reports
Introduction:
With the adoption of the Vision 2040 Strategic Pillars and goals, the Council identified two priority
pillars to further discuss using a citizen task force- Pillar 4 Future Oriented Approach to residential
Housing and Pillar 7 Smart City Approach to Resource Management. Two sub-committees of
Council members were identified to discuss the charge for each of the respective task forces and bring
back recommendations for full Council discussion.
Both sub-committees are prepared to discuss their recommendations.
Background:
The Vision 2040 Strategic Plan includes seven pillars around which high-level goals were identified
to support each pillar. The plan was created by a robust community engagement process that spanned
approximately nine months and culminated in the acceptance of the plan and approval of the pillars
and goals on April 23, 2019.
Analysis: The task forces will provide a vehicle for interested community members to have an
opportunity to continue the discussion around these two important issues. The goal is to have full
Council consensus regarding both task forces so that they can be included in the call for volunteers
that the City utilizes to fill places on City Boards and Commissions.
Legal: N/A.
Fiscal Impact: None.
Recommendation: None.
BYLAWS
OF
FUTURE ORIENTED APPROACH TO RESIDENTIAL DEVELOPMENT TASK
FORCE
ARTICLE I
NAME
The name of the organization shall be the Future Oriented Approach to Residential Development
Task Force, herein referred to as “the Task Force”.
ARTICLE II
INTENT
SECTION 1:The Task Force shall act in an advisory capacity to the City Council.
ARTICLE III
OFFICERS
SECTION 1:The Chairperson, Vice-Chairperson shall be elected during the January Task Force
meeting each year for a one (1) year term. In the event of a vacancy in the office of the
Chairperson, the Vice-Chairperson shall assume the duties of the Chairperson. In the event of a
vacancy in the office of the Vice-Chairperson, the Chairperson shall appoint a Task Force
member to temporarily assume the duties of that office until the next regular meeting at which
time an election will be held to fill such vacancy.
SECTION 2:The Chairperson shall preside at all meetings of the Task Force. In the absence of
the Chairperson, the Vice-Chairperson shall preside. In the absence of both the Chairperson and
the Vice-Chairperson, the Task Force shall elect a Chair-Pro Tem.
SECTION 3: The Recording Secretary of the Task Force shall be a staff member named by the
City Manager or their designee. The Recording Secretary shall prepare and maintain minutes of
all Task Force meetings.
ARTICLE IV
MEMBERS
SECTION 1:The Task Force shall be composed of seven (7) regular members appointed by
City Council in November, each of which shall be appointed for two-year terms. Each member
shall be a qualified voter in the City and shall have been a resident of the City for at least twelve
(12) months preceding the date of appointment. Members shall be appointed by City Council in
accordance with the rules and regulations governing Board appointments.
SECTION 2:City staff liaison for this Task Force shall include a representative(s) from the
Community Development Department.
ARTICLE V
MEETINGS
SECTION 1:Regular quarterly meetings of the Task Force will be held on the first Wednesday
of each quarter at 6:00 p.m. in the Second Floor Conference Room of Town Center, 255
Parkway Boulevard, Coppell, Texas, unless otherwise designated. The Task Force shall hold
such special meetings as shall be called by the Chairperson or upon written request of at least
two (2) members of the Task Force or at the request of the City Council.
SECTION 2:The order of business for each meeting shall be as contained in an agenda
prepared by the Community Development Director or designated representative and the Task
Force Chairperson. Any Task Force member or citizen of Coppell may submit items to the
Chairperson or Community Development Director to be considered for the agenda.
SECTION 3:All meetings require a quorum of four (4) voting members. A voting member is
defined as a regular member who has been appointed by Council.
SECTION 4: Four (4) voting members of the Task Force shall constitute a quorum for the
purpose of transaction of business, and no action of the Task Force shall be valid or binding
unless adopted by an affirmative vote of four (4) or more members of the Task Force unless
otherwise authorized by the laws of the State of Texas.
SECTION 5:All meetings of the Task Force shall be open to the public unless otherwise
permitted by law and shall be subject to the Open Meetings Act.
SECTION 6:The Task Force shall submit to the City Council a copy of the minutes of each
regular and special meeting with a list of any members absent from such meetings.
SECTION 7:If a regular Task Force member is absent for three (3) consecutive regularly
scheduled meetings, or 25% of the regularly scheduled meetings within a 12-month period, said
member shall be removed from the Task Force, and the City Council shall fill the unexpired
term.
SECTION 8: Should any member of the Task Force choose to abstain from voting on any
question before the Task Force, where no declared conflict of interest exists, the abstention shall
be recorded as an affirmative vote in favor of the motion pending before the Task Force in the
official minutes of the Task Force.
ARTICLE VI
POWERS AND DUTIES
SECTION 1:The Task Force shall have the following powers and perform the following duties:
A. Abide by applicable ordinances of the City of Coppell and follow the rules and
regulations prescribed by the City Council for the conduct of its business.
B. Adopt bylaws governing task force actions, proceedings and deliberations, subject to
approval by the City Council.
C. Act in an advisory capacity to the City Council, City Manager and Community
Development Director in matters pertaining to the future of residential development.
D. Promote the pillars and goals of the Vision 2040 Plan adopted by City Council and
cooperate with other governmental agencies and civic groups in the advancement of these
pillars and goals.
E. Receive suggestions and recommendations from citizens relating to housing options.
F. Review the potential for future housing options with the Community Development
Director.
G. Provide assistance for on-going housing needs to meet the goals of the Vision 2040 plan.
H.Unless deferred, provide an annual report to the City Council regarding its goals and
objectives and its input for future housing options.
ARTICLE VII
AMENDMENT
SECTION 1: These bylaws may be amended only by majority vote of the members of the Task
Force, and approval of the City Council.
BYLAWS
OF
SMART CITY BOARD
ARTICLE I
NAME
The name of the organization shall be the Smart City Board, herein referred to as “the Board”.
ARTICLE II
INTENT
SECTION 1:The Board shall act in an advisory capacity to the City Council.
ARTICLE III
OFFICERS
SECTION 1:The Chairperson, Vice-Chairperson shall be elected during the January Board
meeting each year for a one (1) year term. In the event of a vacancy in the office of the
Chairperson, the Vice-Chairperson shall assume the duties of the Chairperson. In the event of a
vacancy in the office of the Vice-Chairperson, the Chairperson shall appoint a Board member to
temporarily assume the duties of that office until the next regular meeting at which time an
election will be held to fill such vacancy.
SECTION 2:The Chairperson shall preside at all meetings of the Board. In the absence of the
Chairperson, the Vice-Chairperson shall preside. In the absence of both the Chairperson and the
Vice-Chairperson, the Board shall elect a Chair-Pro Tem.
SECTION 3: The Recording Secretary of the Board shall be a staff member named by the City
Manager or their designee. The Recording Secretary shall prepare and maintain minutes of all
Board meetings.
ARTICLE IV
MEMBERS
SECTION 1:The Board shall be composed of seven (7) regular members appointed by City
Council in November, each of which shall be appointed for two-year terms. Each member shall
be a qualified voter in the City and shall have been a resident of the City for at least twelve (12)
months preceding the date of appointment. Members shall be appointed by City Council in
accordance with the rules and regulations governing Board appointments.
SECTION 2: City staff liaisons for this Board shall include representative(s) from Enterprise
Solutions Department and Public Works Department. Staff liaison(s) shall not be a voting
member of the Board and shall not count towards a quorum.
SECTION 3: The City Council may designate a Council liaison to attend meetings of the
Board. The Council liaison shall not be a voting member of the Board and shall not count
towards a quorum.
ARTICLE V
MEETINGS
SECTION 1:Regular quarterly meetings of the Board will be held in the Second Floor
Conference Room of Town Center, 255 Parkway Boulevard, Coppell, Texas, unless otherwise
designated. The Board shall hold such special meetings as shall be called by the Chairperson or
upon written request of at least two (2) members of the Board or at the request of the City
Council.
SECTION 2:The order of business for each meeting shall be as contained in an agenda
prepared by the Board Chairperson or designated representative. Any Board member or citizen
of Coppell may submit items to the Chairperson to be considered for the agenda.
SECTION 3:All meetings require a quorum of four (4) voting members. A voting member is
defined as a regular member who has been appointed by Council.
SECTION 4: Four (4) voting members of the Board shall constitute a quorum for the purpose
of transaction of business, and no action of the Board shall be valid or binding unless adopted by
an affirmative vote of four (4) or more members of the Board unless otherwise authorized by the
laws of the State of Texas.
SECTION 5:All meetings of the Board shall be open to the public unless otherwise permitted
by law and shall be subject to the Open Meetings Act.
SECTION 6:The Board shall submit to the City Council a copy of the minutes of each regular
and special meeting with a list of any members absent from such meetings.
SECTION 7:If a regular Board member is absent for three (3) consecutive regularly scheduled
meetings, or 25% of the regularly scheduled meetings within a 12-month period, said member
shall be removed from the Board, and the City Council shall fill the unexpired term.
SECTION 8: Should any member of the Board choose to abstain from voting on any question
before the Board, where no declared conflict of interest exists, the abstention shall be recorded as
an affirmative vote in favor of the motion pending before the Board in the official minutes of the
Board.
ARTICLE VI
POWERS AND DUTIES
SECTION 1: The Board shall have the following powers and perform the following duties:
A. Abide by applicable ordinances of the City of Coppell and follow the rules and
regulations prescribed by the City Council for the conduct of its business.
B. Adopt bylaws governing Board actions, proceedings and deliberations, subject to
approval by the City Council.
C. Act in an advisory capacity to the City Council, City Manager, and Enterprise
Solutions/Public Works staff in matters pertaining to technology related to Vision 2040.
D. Promote the pillars and goals of the Vision 2040 Plan adopted by City Council and
cooperate with other governmental agencies and civic groups in the advancement of these
pillars and goals.
E. Receive suggestions and recommendations from citizens and industry leaders relating to
technology trends and best practices.
F. Maintain and represent a forward-thinking viewpoint, perspective, and approach.
G. Provide assistance and subject matter expertise for on-going technology needs to meet the
goals of the Vision 2040 plan.
MEMORANDUM
To: Mayor and City Council
From: Christel Pettinos, City Secretary
Date: July 9, 2019
Reference: Discussion regarding Street Maintenance Sales Tax election.
Introduction: A discussion will be provided on the upcoming re-authorization of the Sales and Use
Tax for Street Maintenance scheduled for the November 5th General Election. The ordering of the
election is scheduled to come before the City Council on the July 23rd agenda.
Analysis: Past elections have greatly shown the support of the Coppell residents for street
infrastructure maintenance. In 2007, 63% of the Coppell voters initially voted in favor of the
adoption of the Sales and Use Tax for Street Maintenance. In 2011, 72% of the voters re-authorized
the continued collection, and in 2015, 83% of the Coppell voters supported the continued collection.
The last day to order the election is August 19, 2019. The last day to register to vote is
October 7, 2019. Early voting will be held October 21-November 1, 2019. Election Day is
November 5, 2019.
MEMORANDUM
To: Mike Land, City Manager
From: Christel Pettinos, City Secretary
Date: July 9, 2019
Reference: Discussion regarding HB 2840
Introduction: House Bill 2840 relates to the right of a member of the public to address the
governing body of a political subdivision at the open meeting of the body. The purpose of this bill
was directed towards the entities that did not have a public forum item on their agenda or only
allowed the public to speak at the end of the meeting.
Analysis: Coppell has a Citizens’ Appearance portion at all Council and Board meetings and is
therefore unaffected by this bill. There is a two-minute restriction in place when an individual is
speaking, with an additional two minute availability should the Council or Board permit. The
individual may speak on anything they wish, except the public hearing, which allows for the
commentary during the presented item.
Fiscal Impact: None
Legal Review: This item was discussed with Bob Hager on 6/21/19.
MEMORANDUM
To: Mayor and City Council
From: Chief Danny Barton
Date: July 9 , 2019
Reference: Discussion regarding camera equipment and software for Police Department.
An update will be provided on the recommended change of system for camera equipment and
software for the Police Department. This item is scheduled to come before the City Council on a
future agenda.
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4601
File ID: Type: Status: 2018-4601 Agenda Item Presentations
1Version: Reference: In Control: City Council
06/30/2019File Created:
Final Action: Northlake College PresentationFile Name:
Title: Presentation by Northlake College North Campus.
Notes:
Agenda Date: 07/09/2019
Agenda Number: 7.
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 07/09/2019City Council
Text of Legislative File 2018-4601
Title
Presentation by Northlake College North Campus.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
[Enter Staff Recommendation Here]
Goal Icon:
Sustainable City Government
Business Prosperity
Page 1City of Coppell, Texas Printed on 7/5/2019
Master Continued (2018-4601)
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 7/5/2019
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4599
File ID: Type: Status: 2018-4599 Agenda Item Consent Agenda
1Version: Reference: In Control: City Council
06/30/2019File Created:
Final Action: Minutes 6/11File Name:
Title: Consider approval of the minutes: June 11, 2019.
Notes:
Agenda Date: 07/09/2019
Agenda Number: A.
Sponsors: Enactment Date:
CM 2019-06-11.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 07/09/2019City Council
Text of Legislative File 2018-4599
Title
Consider approval of the minutes: June 11, 2019.
Summary
Page 1City of Coppell, Texas Printed on 7/5/2019
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
City of Coppell, Texas
Minutes
City Council
5:30 PM Council ChambersTuesday, June 11, 2019
KAREN HUNT CLIFF LONG
Mayor Mayor Pro Tem
BRIANNA HINOJOSA-SMITH NANCY YINGLING
Place 2 Place 5
WES MAYS BIJU MATHEW
Place 3 Place 6
GARY RODEN MARK HILL
Place 4 Place 7
MIKE LAND
City Manager
Karen Hunt;Cliff Long;Brianna Hinojosa-Smith;Wes Mays;Gary Roden;Biju
Mathew and Mark Hill
Present 7 -
Nancy YinglingAbsent1 -
Also present were City Manager Mike Land, Deputy City Managers Traci Leach and
Vicki Chiavetta, Deputy City Secretary Ashley Owens, and City Attorney Bob Hager.
The City Council of the City of Coppell met in Regular Session on Tuesday, June 11,
2019 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway
Boulevard, Coppell, Texas.
The purpose of the meeting is to consider the following items:
Call to Order1.
Mayor Hunt called the meeting to order, determined that a quorum was
present and convened into the Executive Session at 5:40 p.m.
Executive Session (Closed to the Public) 1st Floor Conference Room2.
Section 551.074, Texas Government Code - Personnel Matters.
Update on Municipal Court Judges’ performance progress.
Page 1City of Coppell, Texas
June 11, 2019City Council Minutes
Discussed under Executive Session
Work Session (Open to the Public) 1st Floor Conference Room3.
Mayor Hunt adjourned the Executive Session at 6:01 p.m. and convened into
the Work Session.
A.Discussion regarding agenda items.
B.Discussion regarding Service Organization FY 19-20 requests.
C.Discussion regarding Mayor Pro Tem appointment.
D.Discussion regarding Council Committee assignments.
E.Discussion regarding Workforce Transit.
F.Discussion regarding fee changes for residential additions,
alterations, and repairs.
G.Discussion regarding Red Light Cameras status.
H.Discussion regarding District Attorney’s policies.
Presented in Work Session.
Item E was not presented in Work Session.
Regular Session3.
Mayor Hunt recessed the Work Session at 7:00 p.m. and reconvened into the
Regular Session at 7:30 p.m.
Invocation 7:30 p.m.4.
Pastor Jeff Spangler with Generate Life Church gave the Invocation.
Pledge of Allegiance5.
Mayor Hunt and the City Council led those present in the Pledge of Allegiance.
6.Consider approval of a Proclamation naming June 28, 2019, as “Marcie
Diamond Appreciation Day;” and authorizing the Mayor to sign.
Mayor Hunt read the proclamation into the record and presented the same to
Assistant Director of Community Development/Planning Marcie Diamond.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Brianna Hinojosa-Smith, that this Agenda Item be approved.
The motion passed by an unanimous vote.
7.Consider approval of a Proclamation naming the month of July as “Parks
and Recreation Month;” and authorizing the Mayor to sign.
Mayor Hunt read the proclamation into the record and presented the same to
Marketing Coordinator Lilia Gans.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Brianna Hinojosa-Smith, that this Agenda Item be approved.
Page 2City of Coppell, Texas
June 11, 2019City Council Minutes
The motion passed by an unanimous vote.
8.Graduation Ceremony for Leadership Coppell 2019.
Mayor Hunt and Chief Communication Strategist Hannah Cook presented
certificates to the graduating class of Leadership Coppell 2019.
Citizens’ Appearance9.
Mayor Hunt advised that no one signed up to speak.
Consent Agenda10.
A.Consider approval of the minutes: May 28, 2019.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Mark Hill, that Consent Agenda Items A-C be approved, with a
correction on Consent Agenda Item C for the number of sirens to read two
instead of one. The motion passed by an unanimous vote.
B.Consider approval of an Ordinance for a zoning change to S-1244R-LI
(Special Use Permit-1244 Revised -Light Industrial), to approve a
revised site and landscape plans and building elevations for the
expansion of the Rolling Oaks Memorial Center, including buildings, plots
and Mausoleum; and authorizing the Mayor to sign.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Mark Hill, that Consent Agenda Items A-C be approved, with a
correction on Consent Agenda Item C for the number of sirens to read two
instead of one. The motion passed by an unanimous vote.
Enactment No: OR 91500-A-743
C.Consider approval authorizing a purchase order for one outdoor warning
siren in addition to upgrading the entire outdoor warning system from Joe
Goddard Enterprises LLC for the Emergency Management Division of
the Fire Department, in the amount not to exceed $100,146.00; and
authorizing the City Manager to sign any necessary documents.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Mark Hill, that Consent Agenda Items A-C be approved, with a
correction on Consent Agenda Item C for the number of sirens to read two
instead of one. The motion passed by an unanimous vote.
End of Consent Agenda
11.Consider approval of a Resolution amending all permit fees for
residential additions, alterations and repairs as found in the Master Fee
Schedule as it relates to Chapter 15, Coppell Code of Ordinances; and
authorizing the Mayor to sign.
Presentation: Suzanne Arnold, Chief Building Official, made a presentation to
Page 3City of Coppell, Texas
June 11, 2019City Council Minutes
the City Council.
A motion was made by Councilmember Mark Hill, seconded by
Councilmember Brianna Hinojosa-Smith, that this Agenda Item be approved.
The motion passed by an unanimous vote.
Enactment No: RE 2019-0611.1
12.Consider approval of an amendment to the Online Business Systems
agreement, dated August 1, 2017, to add an additional four months of
Discovery Services for Phase 3 - Asset Management in the amount of
$115,000; and authorizing the City Manager to sign any necessary
documents.
Presentation: Jennifer Miller, Director of Finance, made a presentation to the
City Council.
A motion was made by Mayor Pro Tem Cliff Long, seconded by
Councilmember Wes Mays, that this Agenda Item be approved. The motion
passed by an unanimous vote.
13.Consider appointment of Mayor Pro Tem as required by Section 3.05 of
the Home Rule Charter.
A motion was made by Mayor Pro Tem Cliff Long to nominate Councilmember
Mark Hill as the next Mayor Pro Tem, seconded by Councilmember Biju
Mathew. The motion passed by an unanimous vote.
14.PUBLIC HEARING:
Consider approval of a Resolution granting a variance of one hundred
(100') feet to Kelly’s Texican, from the 300-foot prohibited requirement
for the sale of alcoholic beverages, with a business address being 110
W. Sandy Lake Road, Suite 150; and authorizing the Mayor to sign.
Presentation: Ashley Owens, Deputy City Secretary, made a presentation to the
City Council.
Lawrence Kelly, Owner, was present to answer questions or concerns of the
City Council.
Mayor Hunt opened the Public Hearing and advised that no one signed up to
speak.
A motion was made by Councilmember Brianna Hinojosa-Smith, seconded by
Councilmember Biju Mathew, to close the Public Hearing and approve this
agenda item. The motion passed by an unanimous vote.
City Manager Reports - Project Updates and Future Agendas15.
City Manager Mike Land reminded Mayor and City Council that there will not
be a 2nd meeting in June.
The railroad crossings at MacArthur Boulevard and Royal Lane will be worked
on by Fort Worth & Western Railroad from June 21st through June 23rd
Page 4City of Coppell, Texas
June 11, 2019City Council Minutes
beginning at 9 am to 5 pm. Avoid the areas if you can.
Construction on Freeport Parkway is continuing at Southwestern and Dividend.
Storm Debris pickup will begin on June 17th. Brush trees and tree trimmings
will be picked up according to their normal schedule as well as their
requirements for pickup. Due to the storm, large debris must be placed in front
of right of way by 7 AM on Monday. Anything weighing more than 50 lbs. must
be placed in the front right of way, not in the back alley.
Construction on Parkway Boulevard is continuing with the northside traffic
switch. The switch to the southside will happen later in the summer.
The City of Coppell received the Distinguished Budget Award. This is the 10th
year in a row that the City has been recognized.
Mayor and Council Reports16.
Report by the City Council on recent and upcoming events.
A. Coffee with Cops is on June 22nd beginning at 8:30 a.m. at George Coffee
and Provisions, 462 Houston Street in Old Town Coppell. Come join the
Coppell PD Command Staff and officers for a free cup of coffee and
conversation.
B. Celebrate Coppell: Party in the Park is Saturday, June 29th from 5 PM to 11
PM at Andy Brown Park East. Celebrate our nation’s independence with a full
day of fun activities for all ages! Race through an inflatable obstacle course,
scale the giant rock wall, and feel the wind on your cheeks as you rush down a
large zip line. The Jordan Kahn Orchestra will take the main stage at 8:30 PM.
Stick around after the performance and activities as we light up the night! The
festive fireworks show is specially designed and orchestrated. The display is
scheduled to start after sunset at approximately 9:30 PM.
C. The City’s annual Celebrate Coppell: Parade Down Parkway will begin at 9
AM on Thursday, July 4. Wear your red, white, and blue and find a spot along
the parade route to watch as all the floats pass by! The parade route begins on
Samuel Blvd, proceeds west on Parkway Blvd, and ends at Town Center.
Intersections along the parade route will be closed beginning at 8:50 AM and
remain closed until all floats have passed.
D. Interested citizens are invited to attend a Public Hearing and Budget
Workshop on Monday, July 8, 2019, beginning at 6 pm in the 2nd Floor
Conference Room at 255 Parkway Boulevard. The Public Hearing will discuss
the Crime Control and Prevention District budget and begin promptly at 6 pm.
The Budget Workshop will begin immediately following the Public Hearing
and will discuss Service Organizations, the Water and Sewer Fund, and
Special Revenue Funds. Please contact Cayce Lay, Budget Manager, at
clay@coppelltx.gov or 972-304-3690 for more information.
E. Reminder that there is only one City Council meeting in June. The next
meeting is on July 9th.
Page 5City of Coppell, Texas
June 11, 2019City Council Minutes
Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
17.
A.NCTCOG - Councilmember Wes Mays
B.North Texas Commission - Councilmember Nancy Yingling
C.Historical Society - Mayor Pro Tem Cliff Long
A. Councilmember Wes Mays announced that the NCTCOG General Assembly
meeting will be held on June 14th, from 12 p.m. to 1:30 p.m., at the Hurst
Conference Center. The organization will provide updates on projects that are
in process.
B. Mayor Karen Hunt informed the Council that the North Texas Commission is
wrapping up projects from the recent Legislative Session and looking forward
to the summer break.
C. Councilmember Long announced that the Historical Society will be taking a
summer hiatus for the months of June and July. There will be an Open House
at the Kirkland House on the 2nd Saturday of July and the 2nd Saturday of
August from 10 AM to 12 PM. Free snowcones will be served.
Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
18.
Nothing to report.
Necessary Action from Executive Session19.
Nothing to report.
Adjournment20.
There being no further business before the City Council, the meeting was
adjourned at 8:09 p.m.
______________________________
Karen Selbo Hunt, Mayor
ATTEST:
______________________________
Ashley Owens, Deputy City Secretary
Page 6City of Coppell, Texas
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4552
File ID: Type: Status: 2018-4552 Agenda Item Consent Agenda
1Version: Reference: In Control: City Council
05/20/2019File Created:
Final Action: ILA - Animal Services/GrapevineFile Name:
Title: Consider approval of an Interlocal Agreement between the City of Coppell
and the City of Grapevine for temporary animal control shelter services; and
authorizing the Mayor to sign.
Notes:
Agenda Date: 07/09/2019
Agenda Number: B.
Sponsors: Enactment Date:
MEMO Coppell-Grapevine Animal Services.pdf,
Agreement for Temporary Animal Sheltering Grapevine
Coppell.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 07/09/2019City Council
Text of Legislative File 2018-4552
Title
Consider approval of an Interlocal Agreement between the City of Coppell and the City of
Grapevine for temporary animal control shelter services; and authorizing the Mayor to sign.
Summary
Fiscal Impact:
The impact of this Interlocal Agreement will be minimal.
Staff Recommendation:
[Enter Staff Recommendation Here]
Page 1City of Coppell, Texas Printed on 7/5/2019
Master Continued (2018-4552)
Goal Icon:
Sustainable City Government
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 7/5/2019
1
MEMORANDUM
To: Mayor and City Council
From: Danny Barton, Chief of Police
Date: June 11, 2019
Reference: Consideration of approval of an Interlocal Agreement between the City of
Coppell and the City of Grapevine to provide temporary Animal Shelter services
for the City of Grapevine while their Animal Shelter facility is remodeled.
2030: Sustainable City Government Strategy
Introduction:
The City of Grapevine is preparing to renovate their existing animal shelter facility. Their facility
will be unavailable during construction, so they have requested to temporarily utilize the Coppell
Animal Services facility for housing domestic animals. In July 2016, the City of Grapevine provided
temporary sheltering facilities for Coppell animals for seven months while our shelter was remodeled
utilizing a similar interlocal agreement.
Analysis:
This agreement is for a one-year term, limited to housing of animals from Grapevine; Coppell Animal
Services employees will not engage in any enforcement/animal capture services in Grapevine. The
Coppell Animal Services facility will accept stray and owner-relinquished domestic animals from
Grapevine. The animals will be held/released, in accordance with the Coppell Code of Ordinances.
Fiscal Impact:
Grapevine will be responsible for food and veterinary service costs, including transportation, for
animals originating from Grapevine. In case of emergency animal care needs for any Grapevine
animal in the Coppell Shelter, Coppell Animal Services has the authority to make emergency medical
decisions and medical cost coverage will be determined between the Cities afterwards. Coppell will
collect, retain, and account for all fees that may be collected related to Grapevine animals, including
but not limited to, impound fees, boarding fees, adoption fees, euthanasia fees, disposal fees, and
surrender fees, which will be established by the City of Coppell. Grapevine will also provide an
employee to work 40 hours at the Coppell Animal Services facility.
Legal Review:
Agenda item was reviewed by City Attorney Robert Hager.
Recommendation:
The Police Department has found this action to be supportive of the Coppell 2030 Master Plan in
Sustainable City Government Strategy. As such, staff recommends City Council approval for Coppell
to enter into an interlocal agreement with the City of Grapevine to provide temporary housing
facilities for domestic animals with costs to be reimbursed by the City of Grapevine and authorizing
the Mayor to sign.
1 | Page
THE STATE OF TEXAS
COUNTIES OF DALLAS
AND TARRANT
AGREEMENT FOR TEMPORARY ANIMAL CONTROL SHELTER SERVICES
This Agreement for Temporary Animal Control Shelter Services (“Agreement”) is made and entered
into by and between the City of Coppell, Texas (“Coppell”) and the City of Grapevine (“Grapevine”)
(sometimes individually referred to as “Party” or collectively referred to as “Parties”), acting by and
through their respective authorized officers.
WITNESSETH:
WHEARAS, Coppell and Grapevine are authorized to provide animal shelter services pursuant
to the Texas Health and Safety Code; and
WHEARAS, the City of Coppell has agreed to provide temporary animal shelter services during
the construction of the City of Grapevine’s Animal Shelter;
WHEARAS, the Parties seek to set forth in this Agreement their respective obligations,
responsibilities, and duties regarding certain animal control and animal shelter services;
NOW THEREFORE,
Article I
Definitions
Wherever used in this Agreement, the following terms shall have the meaning ascribed to them:
“Animal Shelter” shall mean the Coppell Animal Shelter located at 821 South Coppell
Road Coppell, Texas 75019.
“Coppell” shall mean the City of Coppell, a Texas home rule municipal government.
“Effective Date” shall mean the last date of execution hereof.
“Grapevine” shall mean the City of Grapevine, a Texas home rule municipal government.
“Force Majeure” shall mean any contingency or cause beyond the reasonable control of a
Party, as applicable, including, without limitations, acts of God or the public enemy, war,
riot, civil commotion, insurrection, adverse weather, government or de facto
governmental action or inaction (unless caused by negligence or omissions of such
Party), fires, explosions, floods, strikes, slowdowns or work stoppages, shortage of
materials or labor.
2 | Page
Article II
Term
2.1 The Term of this Agreement shall be for a period of three hundred and sixty-five
(365) days, commencing on the latter of the last date all Parties have executed this
Agreement (“Effective Date”), or the initiations of Grapevine Animal Services
construction.
2.2 This Agreement will automatically renew, at the conclusion of the initial three
hundred and sixty-five (365) day period, for an additional three hundred and sixty-five
(365) days, without intervention by either party. Automatic renewal of this agreement
assumes need of services exist and parties mutually agree to renew agreement.
Article III
Scope of Coppell Services
3.1 Coppell agrees to provide the following Animal Shelter Services for Grapevine:
A. Coppell Animal Shelter will accept stray and owner relinquished domestic
animals from Grapevine, and such animals will be held and/or released, in
accordance with Chapter 9-1 of the Coppell Code of Ordinances, including any
animal declared to be a dangerous animal according to the procedures established
by Grapevine and any court of competent jurisdiction.
B. The personnel of Coppell Animal Shelter will determine the disposition of
all impounded animals including performance of euthanasia of domestic animals
as deemed necessary by Coppell Animal Services.
C. Coppell agrees to provide Grapevine a monthly report detailing the
services provided by Coppell for Grapevine, including, but not limited to, number
and type of intake for each animal admitted from Grapevine and the number and
type of outcome for each animal admitted from Grapevine.
E. Provide such other services related, as may from time to time be requested
by the Grapevine Animal Services Manager, provided that such services are
directly related to the housing of animals at the Animal Shelter, pursuant to this
Agreement.
F. Nothing in this Agreement shall be construed to require Coppell to
perform any animal control services within the jurisdictional boundaries of
Grapevine.
3.2 Coppell will furnish equipment and supplies used to perform all services provided
by Coppell as set forth in Section 3.1 herein.
3 | Page
Article IV
Grapevine Responsibilities
4.1 Grapevine shall provide an employee to work 40 hours, Monday through Friday,
at Coppell Animal Shelter.
4.2 Grapevine shall be solely responsible for transporting animals to the Coppell
Animal Shelter.
4.3 Grapevine shall be responsible for any start-up fees to activate PetPoint
Management Software under this Agreement.
4.4 Grapevine shall be responsible for veterinary service costs and food costs for
animals originating from Grapevine. Grapevine will transport Grapevine animals to and
from veterinarian services and directly manage the associated fee payments. In case of
emergency animal care needs for any Grapevine animal in the Coppell Shelter, Coppell
Animal Services has the authority to make emergency medical decisions and medical cost
coverage will be determined between the Cities afterwards.
Article V
Complaints
5.1 All complaints from Grapevine residents concerning animal services performed
by Coppell shall be taken in writing by the Grapevine Chief of Police, or designee, and
shall be forwarded in writing, to the Coppell City Manager, or designee. All complaints
will be investigated and Coppell will forward a written response to the Grapevine Chief
of Police, or designee.
Article VI
Fees
6.1 Coppell will collect, retain, and account for any and all fees that may be collected
related to Grapevine animals impounded or outcomed directly from the Animal Shelter,
including but not limited to, impound fees, boarding fees, adoption fees, euthanasia fees,
disposal fees, and surrender fees, which shall be established by the City of Coppell.
Article VII
Termination
7.1 This Agreement may be terminated, in accordance without cause and for
convenience, by either Party by serving written notice of termination with thirty (30)
days’ notice prior to the anticipated date of termination.
4 | Page
Article VIII
Financial Obligations
8.1 The Parties agree that any cost or expenses incurred by either Party as a result of
this Agreement shall be paid for from current revenues available to the paying Party.
Article IX
Liability/Immunity
9.1 Nothing stated herein shall be construed as a waiver of all the protections
afforded Coppell as a sovereign governmental unit. To the extend afforded by
Texas Tort Claims Act, Coppell shall be responsible only for claims, demands,
judgements and the like attributable to the sole acts and omissions of its agents,
officers and/or employees. Coppell assumes no liability or responsibility for the acts
and omissions of Grapevine, their employees, agents, officers or others working
through them in any capacity.
9.2 Nothing stated herein shall be construed as a waiver of all the protections
offered Grapevine as a sovereign governmental unit. To the extent afforded by the
Texas Tort Claims Act, Grapevine shall be responsible only for claims, demands,
judgments and the like attributable to the soles acts and omissions of its agents,
officers and/or employees. Grapevine assumes no liability or responsibility for the
acts and omissions of Coppell, their employees, agents, officers or others working
through them in any capacity.
9.3 It is expressly understood and agreed that, in the execution of this Agreement, no
Party waives, nor shall be deemed to have waived, any immunity of defense that would
otherwise be available to it against claims arising in the exercise of governmental powers
and functions. By entering into this Agreement, the Parties do not create any obligations,
expressed or implied, other than those set forth herein, and this Agreement shall not
create any rights in parties not signatories hereto.
Article X
Miscellaneous
10.1 Binding Agreement: Assignment. The terms and conditions of this Agreement
are binding upon the successors and assigns of all parties hereto. This Agreement may
not be assigned.
10.2 Relationship of Parties. It is not the intent of the Parties to create, nor shall this
Agreement be construed as creating, a partnership, association, joint venture or trust. No
Party shall be deemed to control, the other Party. Each Party shall be individually
responsible for its own covenants, obligations, and liabilities.
5 | Page
10.3 Notices. Any notice required or permitted to be delivered hereunder shall be
deemed received three days thereafter sent by United States Mail, postage prepaid,
certified mail, return receipt requested, addressed to the party at the address set forth
below or on the day actually received if sent by courier or otherwise hand delivered to the
following addresses:
If intended for Coppell: With a copy to:
City of Coppell Robert. E. Hager
Attn: City Manager Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
255 East Parkway 500 North Akard, Suite 1800
Coppell, Texas 75019 Dallas, Texas 75201
If intended for Grapevine: With a copy to:
Attn: City Manager Boyle & Lowry
200 South Main Street 4201 Wingren Drive No. 108
Grapevine, Texas 76051 Irving, Texas 75061
10.4 Governing Law. This Agreement will be governed by the laws of the State of
Texas; and venue for any action concerning this Agreement will be in the State District
Court of Dallas or Tarrant County, Texas. The parties agree to submit to the personal and
subject matter jurisdiction of said court.
10.5 Legal Construction. In the event any one or more of the provisions contained in
this Agreement are for any reason held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability will not affect other provisions, and
it is the intention of the parties to this Agreement that in lieu of each provision that is
found to be illegal, invalid, or unenforceable, a provision be added to this Agreement
which is legal, valid, and enforceable and is as similar in terms as possible to the
provision found to be illegal, invalid, or unenforceable.
10.6 Recitals. The recitals to this Agreement are incorporated herein.
10.7 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall
constitute one and the same instrument.
10.8 Captions. The captions to the various clauses of this Agreement are for
informational purposes only and will not alter the substance of the terms and conditions
of this Agreement.
.
10.9 Amendment. This Agreement may be amended by the mutual agreement of the
parties to it, in writing and attached to and incorporated in this agreement.
6 | Page
10.10 Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that are granted and assumed under this
Agreement.
10.11 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the parties, as well as any rights and benefits of the parties, pertaining to a
period of time following the terminations of this Agreement shall survive termination.
10.12 Contingent. This Agreement is expressly contingent upon formal approval by
the City Manager of the City of Grapevine, Texas and the City Council of the City of
Coppell, Texas.
10.13 Entire Agreement. This Agreement is the entire Agreement between the parties
with respect to the subject matter covered in this Agreement. There is no other collateral
oral or written agreement between the parties that in any manner relates to the subject
matter of this Agreement, except as provided in any Exhibits attached hereto.
EXECUTED on this ______day of ____________________, 2019.
City of Grapevine, Texas
By:________________________________
Bruno Rumbelow, City Manager
Attest:
_____________________________
Tara Brooks, City Secretary
Approved as to Form:
By:
_____________________________
City Attorney
7 | Page
EXECUTED on this ______day of ____________________, 2019.
City of Coppell, Texas
By:________________________________
Mike Land, City Manager
Attest:
_____________________________
Christel Pettinos, City Secretary
Approved as to Form:
By:
_____________________________
Robert E. Hager, City Attorney
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4586
File ID: Type: Status: 2018-4586 Agenda Item Consent Agenda
3Version: Reference: In Control: Police
06/24/2019File Created:
Final Action: Animal Services VehicleFile Name:
Title: Consider approval of the purchase of one 2019 Ford F250 Regular Cab truck
from Sam Pack’s Five Star Ford, in the amount of $56,677.00, as budgeted
in FY 18-19; and authorizing the City Manager to sign any necessary
documents.
Notes:
Agenda Date: 07/09/2019
Agenda Number: C.
Sponsors: Enactment Date:
AS Vehicle Memo.pdf, AS Vehicle Quote.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
3 07/09/2019City Council
Text of Legislative File 2018-4586
Title
Consider approval of the purchase of one 2019 Ford F250 Regular Cab truck from Sam
Pack’s Five Star Ford, in the amount of $56,677.00, as budgeted in FY 18-19; and authorizing
the City Manager to sign any necessary documents.
Summary
Fiscal Impact:
Funds have been budgeted in the Animal Services Department for this purchase.
Staff Recommendation:
Approval recommended.
Page 1City of Coppell, Texas Printed on 7/5/2019
Master Continued (2018-4586)
Goal Icon:
Sustainable City Government
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 7/5/2019
1
MEMORANDUM
To: Mayor and City Council
From: Danny Barton, Chief of Police
Date: June 11, 2019
Reference: Approval consideration for one replacement vehicle for Animal Services in the
amount of $56,677.00.
2030: Sustainable City Government Strategy
General Information:
• Vehicle to be replaced has reached the end of its service life
• Funds used to purchase Animal Services vehicle will come from FY 2018/19
• Contract pricing obtained through Interlocal agreement with Tarrant County purchasing
program
Introduction:
To operate a clean, efficient and reliable fleet, the Fleet Services Department sets an initial life
expectancy on all vehicles and equipment in our fleet including Animal Services. During i ts service
life, each vehicle and equipment in the vehicle is subject to close monitoring of availability, operating
cost, accumulated miles/hours, condition, obsolescence and the ability to perform the required tasks.
The vehicle being replaced is a 2007 Chevrolet truck with approximately 90000 miles and has reached
the point in its service life for our Animal Services where it has been determined that replacement is
prudent.
Analysis:
To reduce downtime, maximize efficiency, and productivity and provide a solid platform from
which to operate, the vehicles have been carefully selected with the Animal Services and Fleet
Services working closely together. Consequences of not funding these purchases included decreased
vehicle availability, increased operating costs and reduced service levels to our community.
Legal Review:
Agenda item does not require legal review.
Fiscal Impact:
This purchase was approved for the FY 18/19 budget out of the Animal Services General Fund.
2
Recommendation:
The Police Department has found this action to be supportive of the Coppell 2030 Master Plan in
Sustainable City Government Strategy. As such, staff recommends City Council’s approval for
Coppell to enter into an agreement to purchase the 2019 Ford F250 from Sam Packs Five Star Ford
and Chevrolet.
Sam Pack's Five Star Ford an d Chevrolet
1635 (Ford) 1700 (C hevrolet) S. IH 35E Carrollton Texas, 75006
(888) 8 FLEET 9 (8 88-835-3389) -FAX 972-245-5278 -bidtx@spford.com
CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT
Cars and Light Truc ks
Team Members --Kevin Moore -Shauna Hood -Jorge Guerra -Alan Rosner -Jose Deanda
Contract Name Tarrant County CONTRACT# 2019-041
End User: CITY OF COPPELL Sam Pack's Rep : KEVIN MOORE
Contact: MARK BROCHTRUP Date : 3.1.191REVISED/4 .25 .18
Contact TN/Emall Phone# 972-462-5175
Produ ct Description : 2019 FORD F250 REG CAB
Exterior Color I
Interior WHITE
A . Bid Series: LINE 3A F2A Base Price : $ 23 ,462 .00
B. Published Options (Item ize Each Below
Code Description Bid Price Code Description Bid Price
AUTO TRAN S INCLUDED
AIC INCLUD ED
POWER GROUP INCLUDED
CRUISE INCLUDED
SYNC SYSTEM INCLU DED
DELIVERY INCLU DED
2YR STATE INSPEC TION INCLUDED
TRAILER TOW INC LUDED
6.2L V-8 INCLU DED
XL PKG INCLUDED
Total of B. -Published Options $
c . Ford Factory Published Options
Code Description Bid Price Code Description Bid Price
17 XL CHROME BUMPER PKG $ 850 .00
18B RUNNING BOAR DS $ 32 0.00
43C 11 OV/400W OUTLET $ 175 .00
66S UP FIITER SWITCHES $ 165 .00
86M BAITERY SET UP $ 210 .00
872 CA MERA PREP $ 415 .00
67E XTRA HDALT $ 85 .00
66D BED DELET $ 625 .00
18A UP FIT MODUE L REQ WITH DOG BO X $ 295 .00
CARPET DELETE INCLUDED
Total of C. -Dealer Published Options $ 1,890 .00
D. Fleet Quote
Code Description Bid Pri ce Code Descrl!ltlon Bid Price
DEER SKI N MFG PRO SAFTEY UNI T $ 31,325 .00 ACC M6G PER CUSTOMER SPE CS
All Vehicles ordered are about 90-120 days ARO Total of D. -Off Menu Options $ 31 ,325.00
F. Delivery Charges 0 Miles@ $2 .45/mlle $
G. Option Di scounts
H. Tota l of A + B + C + D + E = F $ 56 ,677 .00
I. Floor Plan As sista nce $0 .00
J . Lot Insurance Coverages $0 .00
K . Quantity Ordered 1 X F = $ 56 ,677 .00
L. Adm i nistrative Fee $ -
M. Non-Eq ui p Charges & Credits
N. TOTAL PURCHASE PRICE INCLUDING ADMIN FEE $56 ,677 .00
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4585
File ID: Type: Status: 2018-4585 Agenda Item Consent Agenda
1Version: Reference: In Control: Fire
06/24/2019File Created:
Final Action: Fire Training Room AV EquipmentFile Name:
Title: Consider approval authorizing the replacement of the Fire Training Room’s
Audio-Visual Equipment by Whitlock in the amount not to exceed $70,000.00,
as budgeted; and authorizing the City Manager to sign any necessary
documents.
Notes:
Agenda Date: 07/09/2019
Agenda Number: D.
Sponsors: Enactment Date:
Staff Memo - Fire Training AV Equipment
Replacement.pdf, Whitlock Proposal Fire Training
Room.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 07/09/2019City Council
Text of Legislative File 2018-4585
Title
Consider approval authorizing the replacement of the Fire Training Room’s Audio-Visual
Equipment by Whitlock in the amount not to exceed $70,000.00, as budgeted; and authorizing
the City Manager to sign any necessary documents.
Summary
Fiscal Impact:
The fiscal impact of this agenda item will not exceed $70,000.00; funds are budgeted for the
replacement of this equipment in the General Fund, Emergency Management’s 2018-2019
budget.
Page 1City of Coppell, Texas Printed on 7/5/2019
Master Continued (2018-4585)
Staff Recommendation:
The Fire Department recommends approval.
Goal Icon:
Sustainable City Government
Page 2City of Coppell, Texas Printed on 7/5/2019
1
MEMORANDUM
To: Mayor and City Council
From: Fire Chief Kevin Richardson
Date: July 9, 2019
Reference: Fire Training: Audio/Visual Equipment
2030: Sustainable City Government
Introduction:
The Coppell Fire Department Training Room facility at Fire Station 3 received an upgrade of
the core audio visual equipment in 2010 and added the control system in 2011. Fire Department
and Department of Enterprise Solutions staff have evaluated the training room capabilities and
determined that a replacement of equipment is necessary to meet current technology
requirements for efficient use. Staff have worked closely with stakeholders, vendor staff and the
Department of Enterprise Solutions on a proposed solution. This process was included in the budget
process and approved in the budget for fiscal year 2018-19.
Analysis:
Current capabilities have been outpaced by technology and are insufficient to support the needs
of the high volume of users of the training room. The training room is heavily utilized by fire
department staff, city staff from other departments, and the public. The equipment refresh will
replace both aging equipment from the 2010 install and temporary equipment that has been
injected when equipment has failed. The scope of work will include replacing both projectors,
the video routing solution and the control system. It will add the capability for wireless
presentation from laptops and other smart devices and will also provide the ability to broadcast
presentations from the training room across the city’s internal network to allow staff to view
training opportunities from alternate locations. In addition to serving as the primary training
room for the Fire Department and a highly utilized meeting and training space for other users,
the facility serves as the back-up emergency operations center (EOC) for the city. Failure to
proceed with this equipment replacement may hamper the ability of the department to
efficiently maintain training requirements and could also hamper the ability to maintain
2
adequate situation awareness during city wide command and control functions during an
emergency operations center activation where the back-up EOC were required.
Legal Review:
Agenda item did not require legal review.
Fiscal Impact:
The fiscal impact of this agenda item will not exceed $70,000.00; funds are budgeted for the
replacement of this equipment in the General Fund, Emergency Management’s 2018-2019
budget.
Recommendation:
The Fire Department recommends approval.
This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed
or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.
v
Submitted to:
Caleb Spaw
City of Coppell
Submitted by:
Craig Orris Taylor
Senior Account Executive
Whitlock/DFW
Date:
6/21/2019
Statement of Work- OPP131793 v.5
DIR Quote for Coppell FD Training Center A/V
Upgrade
Prepared For:
City of Coppell
This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed
or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.
Contents
Contents ........................................................................................................................................................................ 2
Overview ............................................................................................................................................................... 3
Display System ...................................................................................................................................................... 4
Video Routing System ........................................................................................................................................... 4
Audio System ........................................................................................................................................................ 4
Control System ...................................................................................................................................................... 5
Streaming System ................................................................................................................................................. 5
Equipment Rack and Furniture ............................................................................................................................. 5
Cable Cubby .......................................................................................................................................................... 6
Services and Additional Deliverables .................................................................................................................... 6
Project Management ................................................................................................................................................. 6
Project Schedule ........................................................................................................................................................ 7
Project Documentation ............................................................................................................................................. 8
Regional Training Services ......................................................................................................................................... 8
System Warranty ....................................................................................................................................................... 8
Priority Service Plan (PSP) ......................................................................................................................................... 9
Service Engagement .................................................................................................................................................. 9
Standard Service Hours ............................................................................................................................................. 9
Project Dependencies & Responsibilities ....................................................................................................... 10
Whitlock Requirements & Responsibilities ............................................................................................................. 10
Customer Requirements & Responsibilities ............................................................................................................ 10
Notification of Completion and Acceptance ........................................................................................................... 11
Work Not Included in Whitlock Scope of Work ....................................................................................................... 11
Owner Furnished Equipment and Software ............................................................................................................ 12
Terms and Conditions ..................................................................................................................................... 12
Acceptance of Proposal .................................................................................................................................. 14
Appendix: Bill of Materials and Pricing ........................................................................................................... 15
This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed
or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.
Overview
Whitlock is a global AV and UC Solutions
Provider, specializing in collaborative technology
design, integration and managed services.
Since 1956, we have helped Customers optimize,
standardize and protect the value of their
audiovisual technology investments.
Whitlock helps Customers create engaging,
interactive environments, including:
Telepresence/videoconferencing rooms
Digital signage networks
Auditoriums
Collaborative classrooms and training
facilities
Visualization rooms
Courtrooms
Control rooms/network operations centers
Whitlock also offers expansive AV managed services, including AVNOC and remote support,
field services, on-site managed services, videoconferencing warranty/maintenance and virtual
and hosted video services.
Whitlock has a nationwide presence with 20 locations across the U.S., plus we have access to a
global network of partners through our Global Presence Alliance. Our Customer delivery teams
consist of seasoned AV engineers and certified professionals with InfoComm International®
CTS, CTS-D and CTS-I technology certifications as well as advanced training credentials from
all major AV and videoconferencing manufacturers. We also have a formal training program to
keep our professionals informed of new techniques and emerging technologies in the industry.
Whitlock is current holder of State of Texas DIR Contract Number DIR-TSO-3875. Today’s
Proposal is 100% compliant with this Contract.
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This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed
or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.
Display System
Qty (2) NEC NP-P525UL laser projectors will be provided and installed. Projector 1 will
be front facing and project onto the existing 92”x188” electric roll down screen. Projector
2 will be side facing and project onto the existing 51”x92” fixed wall mounted screen.
Existing ceiling structure and existing projector mounts will be reutilized to mount
projectors. Whitlock will cover the cost if the projector mounts need to be replaced.
Qty (2) NEC 70” flat panel displays will be ceiling mounted in place of the existing qty
(2) NEC 55” displays using existing ceiling mounts.
Video Routing System
A Crestron Digital Media matrix router will be installed. This matrix router will handle the
routing of all the room sources to any of the displays. HDMI inputs and output cards as
well as HDBaseT transmitters and receivers are used to transport the video signals from
sources to the matrix and out to the displays. A 16x16 DM frame is included in the
Proposal. Sources are as follows.
Ops PC
Ops Laptop
Document Camera
Mersive Solstice Pod
Cable TV
HDTV Off-Air Tuner
Audio System
A Biamp DSP will be installed. This DSP will handle all the microphone mixing and level
control as well as audio conferencing dialing. Control for these functions will be done
from the touch panel.
Qty (3) OFE wireless combo microphone systems will be reused.
The existing ceiling recessed speakers and associated audio amplifier(s) will be reused.
A USB system will be installed to allow the users to connect their laptop to a soft codec
(Skype, Zoom WebEx, etc.) and utilize the room ceiling speakers and mic system.
This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed
or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.
The existing emergency tone speakers will stay in place.
A press feed wall plate will be installed at the front of the room. This wall plate will be to
matrix feeds to and from the press. This wall plate will have Qty (2) XLR inputs and Qty
(2) XLR outputs. Control of these inputs and outputs will be done via Crestron touch
panel. Exact location will be determined at initial site review with owner.
Control System
A 3 series Crestron control processor will be installed. This processor paired with a 10”
lectern mounted touch panel will handle all of the room controls. Below are some
features of the controls provided, but final UI functionality will be decided from a UI
review session with CFD and Whitlock programmers.
System Power On/Off (including auto shutoff)
System presets. (how would you like to use the room)
Volume level controls of the sources and microphones.
Audio conferencing dialing.
Source routing.
Streaming control
Streaming System
The system will have an HD streaming output. This streaming card will allow the users to
stream most of the room’s sources to the City of Coppell network.
HDCP management ensures that protected content cannot be distributed via streaming,
so the cable box will not be a streaming source.
Equipment Rack and Furniture
The existing equipment racks built into the ops desk will be reused.
This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed
or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.
Whitlock will demo unused equipment currently installed in the existing equipment racks
and will integrate equipment that is to be re-used, which may include relocating,
remounting, or re-cabling, as necessary.
All existing radio and emergency tone equipment will remain as is in the third rack.
Cooling for the equipment racks will be provided by others.
Cable Cubby
The existing cable cubby 600 will be reused.
Please see below the intended “new configuration”.
Services and Additional Deliverables
Project Management
Whitlock will provide professional project management as a key service to help ensure the
success of the project. Whitlock project managers are trained in globally recognized project
This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed
or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.
management fundamentals (PMP, PMI) and have experience managing projects throughout all
phases of a project lifecycle, including initiation, planning, executing, monitoring, control and
closing. We have many internal tools, processes and best practices in place to ensure that we
communicate early, consistently and effectively.
Detailed project checklists – design assist/review, pre-project approved drawings,
documentation, finalized scope of work, procurement schedules, billing format and
schedules, etc.
Weekly status reports to provide project updates, action items, procurement status, risks
and milestones and needs from other trades.
Whitlock internal and Customer project kick off meetings.
Documentation of project flow, timelines and milestones.
Strong RFI and change management processes and documentation, customized for
project.
Proactive schedule management and resource mapping in Microsoft Project and other
custom Customer tools.
Detailed commissioning, training and final sign off plan, checklists and status reports.
Project Schedule
Whitlock understands that time is the essence of this project. We will make every reasonable
effort in coordination and communication to ensure that your timetable is met. However, there
are many factors outside of our control that may impact this schedule, such as the manufacturer
and delivery of equipment from our vendors, and completion of requirements and
responsibilities outside of our Scope of Work. As your timetable changes, we will make every
effort to accommodate your new schedule, however Whitlock cannot guarantee that an
installation crew will be available if planned installation dates change.
We require a minimum of a ten (10) working day notice as to a revision of schedule dates
that will change the time that a crew is required on-site. Notification of a change in
schedule with less than 10 day notice to Whitlock may result in additional charges and
impact to schedules and deadlines.
This pricing in this proposal is based on non-overtime rates during normal business hours.
Working days are defined as Monday through Friday excluding holidays unless specified
otherwise in this proposal. Any work required outside of this timeframe will result in additional
charges. The project manager will work with the customer and the design and procurement
teams to establish realistic timelines for the delivery and installation of system components.
The project manager will also work with the customer to establish timeframes for other
deliverables including training and documentation. Project schedules will be documented using
MS Project 2010 and delivered in Gantt chart form.
The following will be designated as milestones for the project schedule:
Customer Review of Design and Proposal
This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed
or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.
Baseline Project Schedule
Whitlock Receives Purchase Order
Project Kick-off
Project Implementation
o System Building
o System Programming
Customer Training
Whitlock Delivers Documentation
Project Review with Customer and Closeout
The project manager will be responsible for facilitating work package definition, sequencing, and
estimating duration and resources with the project team. The project manager will also create
the project schedule using MS Project 2010 and validate the schedule with the project team,
stakeholders, and the Customer project sponsor.
Project Documentation
Whitlock will provide complete documentation on the installed systems, including:
As-built CAD Documentation, including wiring diagrams, rack elevations, device
locations and mounting details
Architectural coordination drawings, including coordination of requirements to be
provided by others (such as power, conduit, furniture)
Equipment lists with serial numbers
Completed Quality Assurance checklists
Control system software code (source code, see exceptions )
Equipment user manuals
Regional Training Services
Whitlock’s Technical Operations Department provide services to ensure that your teams
understand how to fully utilize all components of the integrated system. These basic knowledge
transfer services are designed to help bolster technology utilization within your organization.
On-Site Training:
A Whitlock representative will provide hands-on training of how to use the system at the
completion of the installation. This is typically provided on-site, unless specifically excluded for
remote sites. This training is based upon the requirements identified during the design phase
and can include both technical and administrative level training, depending upon the customer’s
ongoing support personnel.
Whitlock personnel will train the Owner's personnel in the proper setup and operation of the
system.
System Warranty
Whitlock will warranty its installation services to be free of defects in workmanship and materials
for a period of one (1) year. This warranty period will begin at the earlier of the completion of
This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed
or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.
the installation or the first substantial use of the equipment. Whitlock will furnish all labor and
material needed to complete the warranty service and restore the system to operational status
in accordance with original design criteria and manufacturer’s specifications. Whitlock will
process all warranty claims with the individual equipment manufactures on behalf of the
Customer and facilitate any equipment repairs or replacements in accordance with the warranty
specification of the manufacture.
This warranty excludes operational support, preventive maintenance services, consumables or
failures caused by user error, damage or use of equipment outside intended functionality.
On equipment furnished by the owner, we cannot warranty this equipment without an additional
service contract. However, during the installation we will test and adjust owner furnished
equipment as necessary for the best possible performance. Should repairs be necessary, we
will advise you of these at that time and give estimates as to what these repairs should run.
No other representation, warranty, or guarantee, express or implied, is included in this proposal
including implied warranties of fitness for a particular purpose or merchantability. In no event
shall either party be liable for any special, indirect, consequential, incidental, or punitive
damages.
Priority Service Plan (PSP)
Whitlock’s Priority Service Plan is comprehensive service level agreement designed to provide
proactive preventive checks & services as well as break-fix callout support with guaranteed
response times and priority escalation. These services are designed to minimize downtime and
maximize your technology investment through a proper maintenance program and improved
life-cycle management. Whitlock will cover this added equipment under our existing PSP with
City of Coppell once project is complete.
Service Engagement
You may request warranty support by one of the following methods:
Telephone: 1-866-Whitlock (1-866-944-8562)
Email: service@whitlock.com
Web: http://www.whitlock.com/support-request/
When requesting support, please identify yourself, the street address of the service location and
room requiring support. State the nature of the problem with as much detail as possible and the
room availability. If the problem is video teleconference related, please be prepared to provide
our service coordinator the serial number of the video teleconference component requiring
support.
Standard Service Hours
Warranty support is available during normal working hours M-F 8:00AM–5:00PM.
This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed
or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.
Project Dependencies & Responsibilities
Whitlock Requirements & Responsibilities
These are items that Whitlock will complete in fulfilling the project scope of work.
Assign a project team including a Project Manager
Provide and coordinate installation schedule
Provide documented weekly progress updates
Schedule a kick-off meeting with the customer stakeholders, as well as recurring
project meetings as listed in the project schedule
Install systems as described in the above statement of work and the Project
Drawings
Provide all Additional Deliverables listed
Take photos of installed systems
Complete Whitlock Quality Assurance testing and documentation
Provide Project closeout deliverables to customer
Customer Requirements & Responsibilities
These are items that Whitlock is dependent upon to complete the project scope of work on time,
however, these requirements and responsibilities are not provided by Whitlock. For a
complete list of exclusions, please refer to the “Not included in Whitlock Scope of Work”
section below.
These requirements must be provided by the owner or other 3rd parties, and may fall under the
responsibility of an Architect, General Contractor, Electrical Contractor, Data Contractor,
Security Contractor, and/or Furniture/Millwork Contractor; IT departments, Facilities or Real
Estate groups.
Site Conditions
The minimum acceptable site conditions of the project site for the installation of electronic
equipment are as follows.
The rooms and directly adjacent areas into which the equipment will be installed must be
dust-free with floor, ceiling, and wall finishes to be completely installed in the rooms
affected by the equipment.
The rooms into which the equipment will be installed must be secure. All equipment
delivered to the site will become the property of the owner immediately upon delivery.
All Electrical power, conduit systems, HVAC systems, IT requirements (wired or wireless
services), communication circuits, and or other services required by the systems and
equipment should be fully installed, energized, and configured for use.
This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed
or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.
Furniture into which components of the equipment will be installed shall be present at
the time of staging and/or installation.
All telephone, POTS, VOIP, modem, PRI, data, LAN, and telecommunications
connections are installed, fully tested, and active.
Configuration of OFE networks, applications, servers, and services to provide
interoperation with installed systems.
Coordination and timely IT support and documentation (such as providing IP addresses).
Project Assumptions & Clarifications
None at this time.
Notification of Completion and Acceptance
Whitlock will provide written notification upon completion of the Scope of Work to Customer via
an acceptance document. At that time, Whitlock will work with the customer to resolve any
outstanding issues, deliverables, or punch list items related to this Scope of Work that may
exist. Customer shall provide a written acknowledgement of Whitlock’s completion of the Scope
of Work by having an authorized representative sign and return the acceptance
document. Whitlock will proactively seek acceptance from the customers designated
representatives via email, voice, and/or US Mail. If no response is received (5) business days
after a 3rd successive attempt, Whitlock will notify the Customer in writing that the Services in
accordance with this Statement of Work are complete and the project is considered to be
accepted by the Customer.
Work Not Included in Whitlock Scope of Work
The system described in this scope of work is a complete, working system with the exceptions as
noted below. These items are required for successful completion of the project, but are not
provided by Whitlock.
1. The electrical power system necessary to power the listed equipment (including but not
limited to: conduits, raceways, pull boxes, junction boxes, outlet boxes, wiring, conductors,
breaker panels, transformers, etc) will be provided and installed by others.
2. The empty conduit system also known as “containment”, and cable raceways (including
conduits, junction boxes, outlet boxes, raceways, cable ladders, etc) into which the cabling
for the audio, video, data, and control systems will be provided and installed by others.
3. Any required floor cores for access between floors of the building vertically will be provided
by others.
4. The repair of the ceiling, ceiling tiles, or ceiling tile grid after the installation of the screen,
video projector lift, etc. to be provided by others.
This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed
or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.
5. Any modifications to the structural, mechanical, electrical, and plumbing systems or
movement of obstructions in the walls, floors, or ceilings to be provided by others.
6. All analog telephone lines required by any audio conferencing units will be furnished and
installed by others.
7. The transmission lines and network interfaces required by the videoconferencing units will
be furnished and installed by others. Whitlock will work with the Owner to coordinate the
requirements for these systems, but other contractors will complete the provisioning and
installation of these items.
8. The network connections and cabling systems required by the remote control systems will
be furnished and installed by others.
9. The network connections and cabling systems required by the computers will be furnished
and installed by others.
10. The building structure, to which the devices will be mounted, will be furnished and installed
by others.
11. Any operators’ consoles, cabinetry, credenzas, lecterns, or other furniture into which devices
will be mounted will be furnished and installed by others unless specifically listed herein.
Owner Furnished Equipment and Software
If required, Whitlock will make every reasonable effort to utilize existing Owner Furnished
Equipment (OFE) for use in this project. In the event that the OFE is determined to be unusable
for this purpose, Whitlock will notify the customer. Whitlock assumes no liability or risk of loss for
OFE or data contained therein.
If required, Whitlock will make every reasonable effort to utilize and modify Owner Furnished
Software (OFS), existing software, or “code” as provided by the owner for use in this project. In
the event that this software or code is determined to be unusable for this purpose, Whitlock will
notify the customer. Whitlock assumes no liability for existing software or “code”.
During the installation, all OFE and OFS that will be incorporated into the system (including OFE
computers, laptops, and mobile technology devices that will connect to the systems ad-hoc)
must be available for our technicians to set up the system properly. Failure to have this
equipment available during the installation will necessitate additional visits by our technicians to
finish the system setup that may result in additional charges.
Terms and Conditions
Invoicing and Payment
Upon approval of credit, Whitlock will submit a monthly invoice on or about the 5th of each
month showing all equipment delivered and services rendered during the preceding month. The
monthly invoice will also include materials suitably stored at our office during the staging
process. Customer agrees to remit payment by check or wire transfer for such invoices within
This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed
or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.
thirty (30) days from the invoice date. Customer agrees to pay a finance charge equal to 1½%
per month on all invoices not paid timely. In the event that Whitlock employs an attorney to
collect unpaid amounts, Customer agrees to pay all reasonable legal fees and costs incurred by
Whitlock in such action.
Restocking Fees
Any equipment or materials ordered by Customer may be cancelled or returned only at the
discretion of Whitlock; in some cases equipment cannot be cancelled or returned. If such
cancellation or return is authorized by Whitlock, Customer will be responsible for any related
restocking fees, return freight costs, handling charges, and demobilization costs.
Acceptance
Our acceptance of this proposal by Whitlock is subject to customary credit review. The pricing
and other terms set forth in this proposal are good for a period of 30 days from the date of this
letter.
Independent Contractor Relationship
Whitlock and Customer are contractors independent of one another and neither party’s
employees will be considered employees of the other party for any purpose.
Confidentiality
Each party will not furnish, use, or divulge to any individual, firm, corporation, or other entity, any
proprietary or confidential information of the other party. The information furnished in this
proposal and any related design information is the confidential and proprietary information of
Whitlock and is provided for the purpose of assisting you in evaluating this proposal. This
information remains the property of Whitlock and is not to be distributed outside of your
company without written permission from Whitlock and payment for our design and engineering
time expended to date.
Non-Solicitation
During the term of our agreement and for a period of one year after completion of services,
Customer will not hire or directly or indirectly recruit, induce, or solicit any employee or
contractor of Whitlock for employment with any other person or entity.
Force Majeure
Other than payment of amounts due herein, neither party shall be responsible for delays or
failures that arise due to circumstances beyond its reasonable control.
Title and risk of loss
Title and risk of loss or damage to equipment and materials shall pass to Customer upon
delivery to Customer’s site, at which point the security and insurance coverage for such
equipment and materials will be Customer’s responsibility.
Limitation of Liability
No other representation, warranty, or guarantee, express or implied, is included in this proposal
including implied warranties of fitness for a particular purpose or merchantability. In no event
This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed
or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.
shall either party be liable for any special, indirect, consequential, incidental, or punitive
damages.
Acceptance of Proposal
As an authorized representative of City of Coppell, I accept this proposal dated 6/21/2019 in its
entirety including the total quoted price of $65,880.59, and in full compliance with the terms and
conditions stated.
To generate an official order, a signed purchase order must be received within ten (10) business
days from acceptance. Changes to this order will be mutually agreed upon in writing and signed
by designated person(s
Original to be signed and returned to:
Whitlock
ATTN: Craig Orris Taylor
1201 Lakeside Parkway, Suite 160
Flower Mound, TX 75028
O 972.815.1126
F 972.815.1181
M 214.505.4136
taylorc@whitlock.com
CUSTOMER ACCEPTANCE WHITLOCK ACCEPTANCE
____________________________ _______________________________
Name (print) Name (print)
____________________________ _______________________________
Signature Signature
____________________________ _______________________________
Title Title
____________________________ _______________________________
Date Date
This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed
or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.
Appendix: Bill of Materials and Pricing
DateValid PeriodFreight TermsPayment Terms -Pricing is based on payment via check, ACH or wire transferQuote IDAccount ExecutiveAccount Executive Cell PhoneAccount Executive E-MailSystem DesignerWhitlock is current holder of State of Texas DIR Contract Number DIR-TSO-3875.3956Item Qty ManufacturerPart NumberDescription Price Total List DIR % Off List Display Systems1 2 Chief Manufacturingxxxxx Ownwer furnished ceiling mount2 2 NEC E705 70" LED backlit LCD monitors (1,920 x 1,080 native resolution) 2,919.60 5,839.20 3,244.00 10.00%3 2 NEC NP-P525UL Laser Projector with sealed optical LCD Engine, no lamps, no filters. 5200 Center Lumens, WUXGA (1920x1200) native resolution, 16:10 aspect ratio. Ultra quiet 22 dB Eco Mode, 27 dB High Bright mode. 20,000 hour laser life to half bright. Near instant on/off. 5 year warranty. 2,763.00 5,526.00 3,409.00 10.00%4 2 Chief Manufacturingxxxxx Ownwer furnished projector mount5 2 Chief Manufacturingxxxxx Ownwer furnished ceiling pipeDisplay Systems Total 11,365.20 Routing & Switching Systems6 1 Crestron DM-MD16X16-CPU3 16x16 DigitalMedia™ Switcher 4,558.00 4,558.00 8,600.00 47.00%7 8 Crestron DMC-4KZ-HD DigitalMedia HDMI 4K60 4:4:4 HDR input cards 424.00 3,392.00 800.00 47.00%8 3 Crestron DMC-4KZ-CO-HD DigitalMedia 8G+ 4K60 4:4:4 HDR two-channel output cards 689.00 2,067.00 1,300.00 47.00%9 1 Crestron DMC-4K-HDO Two-channel 4K DigitalMedia 8G HDMI scaling output cards 954.00 954.00 1,800.00 47.00%10 1 Crestron DMC-STRO Streaming DigitalMedia output cards 1,590.00 1,590.00 3,000.00 47.00%11 1 Crestron DM-TX-4K-100-C-1G-B-T Wall-mounted single-gang DigitalMedia 4K transmitters with HDMI ports (matte black) 371.00 371.00 700.00 47.00%12 5 Crestron DM-RMC-4K-SCALER-C DigitalMedia 8G+ 4K shielded twisted pair receivers & room controllers (4K compatible) 954.00 4,770.00 1,800.00 47.00%13 1 Crestron DM-PSU-16-PLUS Sixteen-port PoDM+ power supplies (for DM switchers) 927.50 927.50 1,750.00 47.00%14 1 Extron 70-1065-04 Retractor Series/2 HDMI cable retraction systems (HDMI male to male) 270.00 270.00 450.00 40.00%15 1 Extron 70-1065-05 Retractor Series/2 USB cable retraction systems (USB A male to USB A male) 270.00 270.00 450.00 40.00%16 1 Extron 60-1784-02 One US AC, Double-space, Black 270.00 270.00 450.00 40.00%DIR Quote for Fire Training Room AV Systems E-Mailcspaw@coppelltx.govMatt HornbuckleFax214-505-4136Cell 469-576-6146taylorc@whitlock.comCity, State, Zip Coppell TX130712 v.5Phone 972-304-7068Craig Orris TaylorAddress 1FOB Destination, Freight Address 2Net 30 days with approved creditCompany City of CoppellThirty (30) daysCONFIDENTIAL PROPOSAL1201 Lakeside Parkway, Suite 160 Flower Mound, TX 75028 - Phone 972-465-8888 - Fax 972-360-7398 - www.whitlock.comName Caleb Spaw6/21/2019Page 1 of 3
Item Qty ManufacturerPart NumberDescription Price Total List DIR % Off List 17 1 Extron 70-1043-02 Cable Cubby 202 retractor brackets (holds (3) retractor modules) 24.00 24.00 40.00 40.00%18 1 Extron 70-1065-50 Retractor Series/2 USB-C power cable retraction systems 300.00 300.00 500.00 40.00%19 1 Extron 70-1065-10 Retractor Series/2 DC power extension cable retraction systems (Dell, HP, & other computers) 300.00 300.00 500.00 40.00%20 1 Extron 70-1065-35 Retractor filler modules 42.00 42.00 70.00 40.00%Routing & Switching Systems Total 20,105.50 Audio Systems21 1 Biamp TesiraFORTÉ VT TesiraFORTÉ audio DSP processors with (12) analog audio inputs with Sona acoustic echo cancellation, (8) analog audio outputs, (8) channels of configurable USB audio, (1) two-channel VoIP interface, & (1) analog POTS telephone interface 2,399.00 2,399.00 3,598.00 30.00%22 1 Liberty AV Whitlock- XXXX Press feed wall plate 157.99 157.99 259.00 39.00%Audio Systems Total 2,556.99 Remote Control Systems23 1 Crestron CP3N 3-Series remote control system masters 1,378.00 1,378.00 2,600.00 47.00%24 1 Crestron CEN-SW-POE-5 Five-port PoE switches 212.00 212.00 400.00 47.00%25 1 Crestron TSW-1060-B-S 10.1" surface mount touchpanels (black smooth) 1,272.00 1,272.00 2,400.00 47.00%26 1 Crestron TSW-1060-TTK-B-S Tabletop kits (for TSW-1060, black smooth) 132.50 132.50 250.00 47.00%27 1 Crestron IRP2 Infrared emitter probes 26.50 26.50 50.00 47.00%28 2 Crestron GLS-ODT-C-CN Dual-technology occupancy sensors with CresNet 148.40 296.80 280.00 47.00%Remote Control Systems Total 3,317.80 Equipment Racks & Furniture29 2 Middle Atlantic PD-815SC-NS Eight-outlet, 15A power strips (plug termination) 100.00 200.00 121.00 15.00%30 2 Middle Atlantic PDLT-815RV-RN Eight-outlet, 15A power strips with rack lights 210.00 420.00 350.00 15.00%Equipment Racks & Furniture Total 620.00 Miscellaneous31 1 Mersive SP-8000-E1 KIT Solstice Pod Gen3 with perpetual Unlimited Enterprise software license (unlimited users) and 1 free year Solstice Subscription to upgrades and support (power supply and HDMI cable sold separately). KIT includes Power supply . 1,259.10 1,259.10 1,399.00 10.00%Miscellaneous Total 1,259.10 Page 2 of 3
Item Qty ManufacturerPart NumberDescription Price Total List DIR % Off List 52Total Listed Equipment 39,224.59 Whitlock Integration and Installation, List Price $27,200.00, DIR Discount off List of 2.00% 26,656.00 Total Integrated System (Pre-Tax) 65,880.59 - 65,880.59 Total Integrated System (Inclusive of Taxes)Estimated Sales Taxes (If Applicable)Page 3 of 3
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4426
File ID: Type: Status: 2018-4426 Agenda Item Consent Agenda
1Version: Reference: In Control: Engineering
02/27/2019File Created:
Final Action: No Parking ORD Moore Rd.File Name:
Title: Consider approval of an Ordinance amending Article 8-3, Parking, Section
8-3-1(A) of the Code of Ordinances by adding a subsection to make it
unlawful to stop, stand, or park a vehicle at all times on Moore Road, north
and south of Parkway Boulevard; and authorizing the Mayor to sign.
Notes:
Agenda Date: 07/09/2019
Agenda Number: E.
Sponsors: Enactment Date:
No Parking Moore Road Memo.pdf, No Parking Moore
Road Exhibit.pdf, No Parking Moore Road ORD.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 07/09/2019City Council
Text of Legislative File 2018-4426
Title
Consider approval of an Ordinance amending Article 8-3, Parking, Section 8-3-1(A) of the
Code of Ordinances by adding a subsection to make it unlawful to stop, stand, or park a vehicle
at all times on Moore Road, north and south of Parkway Boulevard; and authorizing the Mayor
to sign.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
Page 1City of Coppell, Texas Printed on 7/5/2019
Master Continued (2018-4426)
The Public Works Department recommends approval.
Goal Icon:
Sustainable City Government
Page 2City of Coppell, Texas Printed on 7/5/2019
1
MEMORANDUM
To: Mayor and City Council
From: Kent Collins P.E., Director of Public Works
Date: July 9, 2019
Reference: Ordinance for No Parking on Moore Road
2030: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
General Information:
Council has approved implementation of on-street bike lanes on Moore Road,
Riverchase and Fairway Drive
Design of the project is nearing completion
Bidding for implementation is expected to occur this Summer
Part of implementation includes establishing no parking along Moore Road
Parking does not occur on Riverchase and Fairway Drive currently
This agenda item presents an ordinance prohibiting parking on the full length of Moore
Road
Introduction:
This agenda item is being presented for approval of an ordinance amending Article 8-3, Parking,
Section 8-3-1(A) of the Code of Ordinances to make it unlawful to stop, stand, or park a vehicle, at
all times, on a on both sides of Moore Road in its entirety. This prohibition is needed to allow for the
on-street bike lanes planned for Moore Road. Parking does not occur currently on Riverchase and
Fairway Drive.
Analysis:
Implementation of on-street bike lanes along Moore Road, Riverchase and Fairway Drive is expected
to occur late Summer or early Fall. To safely implement these lanes, parking must be restricted along
Moore Road. Currently, there are a couple of areas north and south of Parkway where vehicles are
regularly parked. Alternate on-site parking exists for these vehicles. Based on observation and an
examination of the configuration of Riverchase and Fairway Drive (screening walls, fences,
remoteness of adjacent parking, etc.), staff does not recommend prohibiting and signing these streets
for no parking because it does not occur today and the need to park on these streets for convenience
2
is not present. Staff will monitor these other streets and if it is determined that parking becomes a
problem in the future, a separate ordinance will be presented at that time. This ordinance will grant
the authority to prohibit parking, but signs will not be erected until the on-street bike lanes are being
implemented. Adequate advance notice will be provided to warn motorists of the change.
Legal Review:
The ordinance has been reviewed by the City Attorney.
Fiscal Impact:
The signs are included as part of the bike lane project, so there is no additional fiscal impact associated
with the approval of this item.
Recommendation:
The Public Works Department recommends approval of this ordinance.
Proposed No ParkingMoore RoadCity of CoppellCreated in CIVIL3D1 INCH = 1 MILE0S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2019.dwg\MOORE RD NO PKGCreated on: 2 July 2019 by Scott Latta1/21/21
1 INCH = FT.0200020001000Proposed No ParkingMoore RoadCity of CoppellCreated in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2019.dwg\MOORE RD NO PKGCreated on: 2 July 2019 by Scott Latta2/2AREA OF PROPOSEDNO PARKING, STANDINGOR STOPPING
TM 109111
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 8-3-
1(A) OF THE CODE OF ORDINANCES BY REPEALING THE NO
PARKING ZONE ON MOORE ROAD AND REPLACING IT WITH A NEW
NO PARKING ZONE FOR MOORE ROAD BY MAKING IT UNLAWFUL
TO STOP, STAND, OR PARK A VEHICLE AT ALL TIMES ON ALL
PORTIONS OF MOORE ROAD; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Section 8-3-1A of Chapter 8 of the Code of Ordinances be, and the same
is hereby, amended to repeal no parking zone on Moore Road and replace with a new no parking zone
on Moore Road to read as follows:
“Chapter 8 - TRAFFIC REGULATIONS
“Sec. 8-1-1. – Maximum speed . . . . .
. . . . .
Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL
ZONES/SCHOOL AREAS
A. No parking on specific streets. It shall be unlawful for any person to stop, stand
or park a vehicle at any time in violation of any official sign, curb marking, or street
marking that prohibits, regulates, or restricts the stopping, standing or parking of a vehicle
at the times designated for the following street:
. . . . .
MOONLIGHT COVE . . . . .
MOORE ROAD on both sides, from its beginning at Moore Road Park, southward in its
entirety to its terminus at the intersection with Belt Line Road.
. . . . .
2
TM 109111
NATCHES TRACE . . . . .
. . . . .”
SECTION 2. The City Engineer shall erect official signs, curb markings, or street markings
giving notice that parking, stopping or standing of vehicles is prohibited at the locations designated
herein.
SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity
of the Code of Ordinances as a whole.
SECTION 5. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 6. That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor
and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine
not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day
such violation is continued shall be deemed to constitute a separate offense.
SECTION 7. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
3
TM 109111
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2019.
APPROVED:
KAREN SELBO HUNT, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
4
TM 109111
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 8-3-
1(A) OF THE CODE OF ORDINANCES BY REPEALING THE NO
PARKING ZONE ON MOORE ROAD AND REPLACING IT WITH A NEW
NO PARKING ZONE FOR MOORE ROAD BY MAKING IT UNLAWFUL
TO STOP, STAND, OR PARK A VEHICLE AT ALL TIMES ON ALL
PORTIONS OF MOORE ROAD; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2019.
APPROVED:
KAREN SELBO HUNT, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4604
File ID: Type: Status: 2018-4604 Agenda Item Consent Agenda
1Version: Reference: In Control: Engineering
07/01/2019File Created:
Final Action: Intersection Improvement DesignFile Name:
Title: Consider approval of an engineering services agreement with Kimley-Horn
Associates, Inc.; for the design of intersection improvements at various
locations; at a not-to-exceed cost of $244,300.00; to be funded through IMF
and a reimbursement resolution; and authorizing the City Manager to sign any
necessary documents.
Notes:
Agenda Date: 07/09/2019
Agenda Number: F.
Sponsors: Enactment Date:
Intersection Improvements Memo.pdf, Intersection
Improvements Exhibit.pdf, Intersection Improvements
Agreement.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 07/09/2019City Council
Text of Legislative File 2018-4604
Title
Consider approval of an engineering services agreement with Kimley-Horn Associates, Inc.; for
the design of intersection improvements at various locations; at a not-to-exceed cost of
$244,300.00; to be funded through IMF and a reimbursement resolution; and authorizing the
City Manager to sign any necessary documents.
Summary
Fiscal Impact:
Funds are being provided by the Infrastructure Maintenance Fund and will be reimbursed by a
Page 1City of Coppell, Texas Printed on 7/5/2019
Master Continued (2018-4604)
future bond issue.
Staff Recommendation:
The Public Works Department recommends approval.
Goal Icon:
Sustainable City Government
Page 2City of Coppell, Texas Printed on 7/5/2019
1
MEMORANDUM
To: Mayor and City Council
From: Kent Collins, P.E., Director of Public Works
Date: July 9, 2019
Reference: Intersection Improvement Projects
2030: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
General Information:
• The city’s thoroughfares are built to their planned capacity.
• The city has implemented new signal timing along Denton Tap, Belt Line and Sandy
Lake Road corridors.
• A number of intersections in the City would benefit from capacity improvements in
the way of auxiliary lanes to maximize efficiency.
• The intersection improvements were discussed in work sessions on April 9th and April
30th.
• Construction funding is proposed to be funded through a 2020 bond sale. The design
would be funded through IMF funds, reimbursed with proceeds from the bond sale
through a reimbursement resolution.
• This item presents a contract to design the intersection improvements along Denton
Tap at the intersections of Parkway, Sandy Lake, Bethel School and Belt Line.
Introduction/Analysis:
This item is presented to consider approval of an engineering services agreement with Kimley-Horn
Associates, Inc., for the design of intersection improvements at various locations, at a not-to-exceed
cost of $244,300.00, to be funded through IMF and a reimbursement resolution. The locations of the
auxiliary lanes included in this design contract are as follows:
• Denton Tap at Parkway – southbound right-turn, westbound right-turn, eastbound right-turn,
northbound additional left-turn
• Denton Tap at Sandy Lake – southbound right-turn
• Denton Tap at Bethel School – northbound right-turn, southbound right-turn, eastbound
right-turn, westbound right-turn
2
• Denton Tap at Belt Line/Southwestern – southbound additional left-turn
Staff is designing in-house an added eastbound left-turn lane at Bethel Road and Denton Tap. An
eastbound right-turn lane is being pursued at the SH 121 Frontage Road and Denton Tap. Staff is
waiting on feedback from TxDOT regarding the likelihood of approval, cost sharing, etc., prior to
expending city funds on an on-system improvement. If the design agreement is approved, it is
expected that construction on these improvements could begin as early as the second quarter of 2020,
or as soon as funds are available.
Legal Review:
The contract was reviewed by the City Attorney.
Fiscal Impact:
The fiscal impact of this item is $244,300.00, funded through IMF quarter-cent funds, and a future
reimbursement resolution.
Recommendation:
The Public Works Department recommends approval of this item.
1 INCH = FT.0400040002000Proposed IntersectionImprovements,Various LocationsCreated in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2019.dwg\INTERSECTION EXHIBITCreated on: 19 June 2019 by Scott Latta1/1CITY LIMITLOCATION OF PROPOSEDINTERSECTION IMPROVEMENTS
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4593
File ID: Type: Status: 2018-4593 Agenda Item Consent Agenda
1Version: Reference: In Control: Engineering
06/27/2019File Created:
Final Action: Stormwater Plan ResolutionFile Name:
Title: Consider approval of a Resolution to adopt a Storm Water Management Plan
(SWMP) for the purpose of meeting compliance goals of the new TCEQ
Phase II Municipal storm water requirements; and authorizing the Mayor to
sign.
Notes:
Agenda Date: 07/09/2019
Agenda Number: G.
Sponsors: Enactment Date:
Stormwater Management Program Memo.pdf,
Stormwater Management Program.pdf, Stormwater
Management Program RES.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 07/09/2019City Council
Text of Legislative File 2018-4593
Title
Consider approval of a Resolution to adopt a Storm Water Management Plan (SWMP) for the
purpose of meeting compliance goals of the new TCEQ Phase II Municipal storm water
requirements; and authorizing the Mayor to sign.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
Page 1City of Coppell, Texas Printed on 7/5/2019
Master Continued (2018-4593)
The Public Works Department recommends approval.
Goal Icon:
Sustainable City Government
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 7/5/2019
1
MEMORANDUM
To: Mayor and City Council
From: Mike Garza, P.E., Assistant Director of Public Works
Kent Collins, P.E., Director of Public Works
Date: July 9, 2019
Reference: Consider a Resolution to adopt a Storm Water Management Program (SWMP)
for the purpose of meeting compliance goals of the new TCEQ Phase II
Municipal Storm Water requirements; and authorizing the Mayor to sign.
2030: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
General:
• TCEQ issued a new permit term to expire in 2024.
• The first permit was issued in 2008, renewed in 2013.
• This is an unfunded mandate to implement a storm water management plan.
• The plan contains 5 minimum control measures to prevent/reduce storm water pollution.
Introduction:
The original Storm Water Management Program (SWMP) was approved by council in January of
2008. This program was required by the Texas Commission on Environmental Quality (TCEQ) and
was to be implemented over a 5 year period to conclude in 2013. TCEQ issued another general
permit under the Texas Pollutant Discharge Elimination System (TPDES) in December 2013 and
was approved by Council in May of 2014. The current permit was issued by TCEQ at the end of
January 2019 and will expire in 2024.
Analysis:
The permit authorizes Small Municipal Separate Storm Sewer Systems (MS4’s) and MS4’s located
in an urbanized area to discharge storm water and certain non-storm water discharges from their
storm sewer system. The Northwest Dallas County Flood Control District (NDCFCD) boundaries
lie fully within the Coppell city limits and are also required to submit a SWMP. A prior agenda
item this evening recommended approval of an inter-local agreement between the City of Coppell
and the NDCFCD. The entire plan was provided to Council under separate cover.
2
The SWMP is designed to prevent pollution in storm water to the maximum extent practicable and
effectively prohibit illicit discharges to the system. There are five minimum control measures
required to be addressed in the plan by the general permit issued by TCEQ. The plan details the
existing Best Management Practices (BMP’s) currently implemented by the City of Coppell and
details the future enhancement of the existing BMP’s and the resulting measurable goals that can be
achieved, which will lead to reductions in pollutants discharged to the storm sewer system.
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 BMP’s and progress towards achieving the measurable
goals for each of the minimum control measures.
Legal Review:
The resolution was reviewed by Robert Hager
Fiscal Impact:
The fiscal impact to implement this plan is funded through the drainage utility district.
Recommendation:
The Public Works Department recommends approval of the resolution adopting the SWMP.
STORMWATER MANAGEMENT PROGRAM
for
THE CITY OF COPPELL
In Association with
Northwest Dallas County
Flood Control District
July 2019
Prepared By:
Texas Firm Registration No. F -928
City of Coppell
Stormwater Management Program
Page i July 2019
Table of Contents
EXECUTIVE SUMMARY ................................................................................................. 1
1.0 PROGRAM DEVELOPMENT ................................................................................. 2
1.1 Background and Introduction ......................................................................................................... 2
1.2 Legal Authority ................................................................................................................................ 4
1.3 BMP Selection ................................................................................................................................ 5
1.4 Selection of Benchmark and Targeted Controls ........................................................................... 7
1.5 Evaluation and Reporting Requirements ....................................................................................... 9
2.0 MINIMUM CONTROL MEASURES ...................................................................... 10
2.1 Public Education, Outreach, and Involvement ............................................................................ 10
2.1.1 Permit Requirement ........................................................................................................................ 10
2.1.2 Public Education, Outreach, and Involvement Programs and BMPs ........................................... 11
2.1.3 Annual Reporting............................................................................................................................. 12
2.2 Illicit Discharge Detection and Elimination .................................................................................. 13
2.2.1 Regulatory Requirement ................................................................................................................. 13
2.2.2 Illicit Discharge Detection and Elimination Programs and BMPs.................................................. 15
2.2.3 Annual Reporting............................................................................................................................. 17
2.3 Construction Site Stormwater Runoff Controls ........................................................................... 18
2.3.1 Regulatory Requirement ................................................................................................................. 18
2.3.2 Construction Site Stormwater Controls Programs and BMPs ...................................................... 19
2.3.3 Annual Reporting............................................................................................................................ 20
2.4 Post Construction Stormwater Management for New Development/Redevelopment ............... 22
2.4.1 Regulatory Requirement ................................................................................................................. 22
2.4.2 Post Construction Stormwater Management for New Development/Redevelopment
Programs and BMPs ....................................................................................................................... 23
2.4.3 Annual Reporting............................................................................................................................. 24
2.5 Pollution Prevention/Good Housekeeping for Municipal Operations ......................................... 26
2.5.1 Regulatory Requirement ................................................................................................................. 26
2.5.2 Municipal Operations and Facilities Covered Under the SWMP .................................................. 28
2.5.3 Pollution Prevention/Good Housekeeping for Municipal Operations Programs and Best
Management Practices ................................................................................................................... 29
2.5.4 Annual Reporting............................................................................................................................. 30
2.6 Summary Tables of Best Management Practices and Targeted Controls ................................. 31
Appendix A Area of Involvement Map
Appendix B Storm Sewer Map
Appendix C Interlocal Agreement
Appendix D Resolution to Adopt the SWMP
Appendix E TPDES General Permit
City of Coppell
Stormwater Management Program
Page 1 July 2019
EXECUTIVE SUMMARY
The City of Coppell has developed a Stormwater Management Program (SWMP) as required for
coverage under the Texas Pollutant Discharge Elimination System (TPDES ) General Permit No.
TXR040000 (see Appendix E). The original permit was issued on August 13, 2007, and a subsequent
permit was issued on December 13, 2013. A new permit was issued on January 24, 2019, and this new permit
supersedes and replaces the previous permit. The SWMP includes a listing of Best Management
Practices (BMPs) that will be implemented by the City to work towards the regulatory standard of
reducing pollutants in the City’s stormwater to the “maximum extent practicable” (MEP). Existing
City of Coppell stormwater programs and activities designed to protect the City’s water quality
will be supplemented with new BMP activities as needed. Measurable goals and an implementation
schedule were developed for each of the BMPs in the SWMP. BMPs, measurable goals, and the
implementation schedule were selected based upon their ability to meet specific permit
requirements and to reduce pollutants in the City’s stormwater to the maximum extent practicable.
They were also selected based upon a general assessment of BMP effectiveness, applicability to
the City of Coppell, and costs associated with implement ation of the BMPs. Effectiveness of the
selected BMPs and success in achieving the selected measurable goals will continue to be reviewed
annually. This SWMP, dated July 2019, revises the provisions of the former Stormwater
Management Program, dated May 2014. Revisions were made to meet new permit requirements,
and changes were made based on the implementation process of BMPs during the previous permit
term.
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Stormwater Management Program
Page 2 July 2019
1.0 PROGRAM DEVELOPMENT
1.1 BACKGROUND AND INTRODUCTION
The City of Coppell was incorporated in 1955. It covers 14.7 square miles and is located at Latitude
32° 58' 10" and Longitude 96° 59' 35". The topography is relatively flat with ground elevations
ranging from approximately 420 feet above mean sea level to 550 feet above mean se a level. As
seen in the Area of Involvement Map 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 drain
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 D istrict contains approximately 610 acres and
is located fully within the City limits of Coppell as shown on the map in Appendix A. The Denton
County Levee Improvement District No. 1 contains approximately 940 acres, with roughly 60
acres located in the Cit y of Coppell. These Districts were created to provide flood protection to the
area to allow for development of property within the District and to guide the necessary
maintenance in the floodplain.
According to the 2010 U.S. Census Bureau urbanized area map, all of the City is within the
designated Denton-Lewisville Urbanized Area. The City is required to submit a Stormwater
Management Program (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. The NDCFCD is also
required to submit a SWMP that covers the floodplain and drainage areas under its control. The
SWMP encompasses all areas of the City and the NDCFCD.
On August 13th, 2007, the Texas Commission on Environmental Quality (TCEQ) issued TPDES
General Permit No. TXR040000 under the Texas Pollutant Discharge Elimination System
(TPDES). A subsequent permit was issued on December 13, 2013. A new permit was issued on
January 24, 2019 (See Appendix E), and this new permit supersedes and replaces the previous
permit. The permit authorizes Small Municipal Separate Storm Sewer Systems (MS4s) and MS4s
located in an urbanized area, to discharge stormwater and certain non-stormwater discharges from
their storm sewer system. The new permit divides MS4 operators into four levels based on
population served within the 2010 urbanized area. The City of Coppell is designated as a Level 2
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.
City of Coppell
Stormwater Management Program
Page 3 July 2019
A copy of the Interlocal 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 C.
This document outlines the City of Coppell and the NDCFCD’s program to develop, implement,
and enforce the SWMP. The program is designed to prevent pollution in stormwater to the
maximum extent practicable and effectively prohibit illicit discharges to the system. The effective
SWMP addresses the five Minimum Control Measures (MCMs) 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) stormwater workshops during 2001 and 2002 prior to
selecting the BMPs for the initial program. The City evaluated the BMPs selected for the initial
SWMP to determine the most applicable, effective, and cost -effective BMPs for the revised
SWMP in 2013 and again in 2019. The City has adapted or replaced BMPs that have been
problematic or ineffective in the past, as indicated in the annual reports submitted to the TCEQ.
Additional BMPs, called Targeted Controls, have been added to address the concern of bacteria
impairment of the Trinity River watershed. The BMPs have been re-categorized and renumbered
since the initial SWMP to match the new minimum control measures (MCMs) as specified by the
TCEQ in the TPDES General Permit. 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.
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Stormwater Management Program
Page 4 July 2019
1.2 LEGAL AUTHORITY
The Coppell City Council adopted the initial SWMP through a resolution on January 22, 2008. A
subsequent SWMP was adopted by the Coppell City Council through a resolution on May 27,
2014. The Coppell City Council adopted this current SWMP through a resolution on July 9, 201 9.
A copy of the resolution is located in Appendix D.
The City of Coppell manages runoff issues through an ordinance to authorize a stormwater
management program. The City, through adoption of Ordinance 2004-1070 has 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. The City, through adoption
Article 15, Chapter 15-15 of Ordinance 2012-1312 has regulated discharges into the Municipal
Separate Storm Sewer System (MS4) and surface water within the City of Coppell, Texas. Entitled
"Stormwater Quality Management and Illicit Discharge Code", Article 15-15 is in compliance with
TCEQ Rules and Regulations for MS4s, and will be enforced as such.
City of Coppell
Stormwater Management Program
Page 5 July 2019
1.3 BMP SELECTION
The TPDES General Permit issued by the TCEQ on January 24th of 2019 lists five (5) required
Minimum Control Measures (MCMs) to be implemented by the owner and operator of a Level 2
Small MS4. The MCMs are as follows:
1. Public Education, Outreach, and Involvement
2. Illicit Discharge Detection and Elimination
3. Construction Site Stormwater Runoff Control
4. Post Construction Stormwater Management in New Development and Redevelopment
5. Pollution Prevention and Good Housekeeping for Municipal Operations
The program outlines the Minimum Control Measures to prevent stormwater pollution as required
by the TPDES General Permit. The program 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 Section 2.6 of the SWMP, following the descriptions of each MCM in Sections
2.1-2.5. The tables outline the implementation schedule over the 5 -year permit term. Unless
otherwise specified, the implementation schedule is to be completed by December 31 st of each
permit year.
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 existing BMPs and/or the addition of one or more BMPs, denoted by a plus sign
(+).
• Identifies the Targeted Controls (bacteria-focused BMPs) that aim to reduce bacteria
loading in surface waters, denoted by an asterisk (*). Targeted Controls BMPs are
described in Table 7.
• 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.
Key City of Coppell ordinances and guidance that may be affected by the Stormwater Management
Program are:
• Subdivision Ordinance (Ordinance No. 94643)
• Erosion and Sedimentation Control Code Ordinance (Ordinance No. 91514)
• Comprehensive Zoning Ordinance (Ordinance No. 91500)
• Storm Drainage Design Criteria (Referred to in Ordinance No. 94643)
• Standard Construction Details Code (Ordinance No. 94646)
• Floodplain Management Ordinance (Ordinance No. 2001-952)
• Stormwater Quality Management and Illicit Discharge Code (Ordinance No. 2012-1312)
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Stormwater Management Program
Page 6 July 2019
The above referenced ordinances and guida nce may need revising to address elements of the new
Stormwater Management Program.
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Stormwater Management Program
Page 7 July 2019
1.4 SELECTION OF BENCHMARK AND TARGETED CONTROLS
In 2006, the Texas Commission on Environmental Quality (TCEQ) first identified that a total
maximum daily load (TMDL) was necessary for Cottonwood Branch within the City of Irving and
Grapevine Creek within the City of Coppell, where concentrations of indicator bacteria exceeded
the criteria used to evaluate attainment of the contact recreation use. The impairments were
included in the 2006 version of the Texas Water Quality Inventory and 303(d) List . The
impairments were included in the 2014 Texas Integrated Report of Surface Water Quality which
satisfies the requirements of the federal Clean Water Act Sections 305(b) and 303(d). The 2014
lists of impaired waters were adopted by the Commission on June 3, 2015 and approved by the
EPA on November 19, 2015. Grapevine Creek (Segment 0822B) is an urban creek, running
through the City of Coppell, and is a tributary to the Elm Fork Trin ity River south of Lake
Lewisville. The Implementation Plan for Twenty-One Total Maximum Daily Loads for Bacteria
in the Greater Trinity River Region (commonly known as the Implementation Plan or I-Plan),
approved by the TCEQ on December 11, 2013, describes the steps watershed stakeholders and the
TCEQ will take toward achieving pollutant reductions in these surface waters. Some BMPs
incorporate the Implementation Strategies described in the I - Plan.
The City of Coppell is located within the watershed for Grapevine Creek (Segment 0822B_01),
which is an impaired water body with a Total Maximum Daily Load (TMDL) associated with it
for bacteria. Because of this, the City must meet requirements in Part II.D.4 of the general permit
for "Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements". A
benchmark must be determined along with targeted controls to address implementation towards
reducing bacteria levels.
"Implementation Plan for Twenty-One Total Maximum Daily Loads for Bacteria in the Greater
Trinity River Region" was developed to address steps toward reducing bacteria levels within the
Trinity River Region. The original implementation plan (I-Plan) was approved by the TCEQ on
December 11, 2013, and addresses impleme ntation strategies for reducing bacteria levels in the
watershed. The I-Plan was revised by the TMDL Coordination Committee, stakeholders within
the TMDL, on June 15, 2017. The TMDL Coordination Committee periodically assess the I -Plan
for efficiency and e ffectiveness of the implementation strategies.
The City of Coppell is located in Assessment Unit 0822B_01. The location of the City of Coppell
and the known bacterial threats posed to Grapevine Creek were taken into account for the
determination of BMPs included in this SWMP.
The TCEQ determines whether water quality in a water body meets the primary contact recreation
use by measuring the levels of indicator bacteria. E. coli are the preferred indicator bacteria for
assessment for recreational use in fresh water and were used for analysis to support total maximum
daily load (TMDL) development on water bodies in the Greater Trinity River region.
In accordance with the general permit requirements, a benchmark must be determined.
Benchmarks are designed to assist in determining if the BMPs established are effective in
addressing the pollutant of concern in stormwater discharges from the MS4 to the maximum extent
practicable. The benchmark is intended to be a guideline for evaluating progress towards reducing
pollutant discharges.
City of Coppell
Stormwater Management Program
Page 8 July 2019
The City has elected to use the Waste Load Allocations (WLA) identified in the I -Plan as shown
in Table 1 to determine a benchmark. All loads are expressed as billion MPN/day, where MPN
represents the most probable number
Table 1. TMDL Allocations for the Impaired Assessment Unit within Coppell, Texas
Assessment Unit Segment Name TMDL WLA WWTF b WLASW c LAUSL MOSd FGe
0822B_01 Grapevine Creek 196.22 0.00 157.60 28.34 9.81 0.46
aWLAWWTF = waste load allocation for wastewater treatment facilities
bWLASW = waste load allocation for permitted stormwater
cLAUSL = upstream load application entering the assessment unit
dMOS = Margin of safety load
eFG = future growth loads
The waste load allocation for permitted stormwater (WLASW) will serve as the benchmark for each
stream. The benchmark for Grapevine Creek is 157.60 MPN/day.
The City must also identify an assessment plan to monitor progress as well as Targeted Controls
as a part of the SWMP. Targeted controls are BMPs with measur able goals focused specifically
on bacteria as the pollutant of concern.
City of Coppell
Stormwater Management Program
Page 9 July 2019
1.5 EVALUATION AND REPORTING REQUIREMENTS
The selected measurable goals for each BMP will be evaluated on an annual basis and documented
in the annual report. The City has elected to use the calendar year for the annual reporting year.
The City of Coppell, in association with the NDCFCD, will submit a concise annual report for
each year. 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.
Progress toward the selected TMDL benchmark will also be evaluated on an annual basis. A
qualitative approach will be used by the City to evaluate program implementation measures on an
annual basis. The City will assess progress by using program implementation indicators that could
include evaluations such as:
• Number of sources identified or eliminated
• Decrease in number of illegal dumping
• Increase in illegal dumping reporting
• Number of educational opportunities conducted
• Reductions in sanitary sewer overflows (SSOs)
• Increase in illegal discharge detection through dry screening
If no progress towards the benchmark either from program implementation or water quality
assessments is observed by the end of the third year from the effective date of the permit, the City
will need to identify alternative focused BMPs to address new or increased efforts towards the
benchmark. If appropriate, the City will develop a new approach to identify the most significant
sources of bacteria and will develop alternative focused BMPs for those.
City of Coppell
Stormwater Management Program
Page 10 July 2019
2.0 MINIMUM CONTROL MEASURES
2.1 PUBLIC EDUCATION, OUTREACH, AND INVOLVEMENT
2.1.1 Permit Requirement
Specific Requirements as stated in the General Permit for Level 2 Small MS4s:
a) Public Education and Outreach
1) All permittees shall develop, implement, and maintain a comprehensive stormwater
education and outreach program to educate public employees, businesses, and the
general public of hazards associated with the illegal discharges and improper disposal
of waste and about the impact that stormwater discharges can have on local waterways,
as well as the steps that the public can take to reduce pollutants in stormwater.
Existing permittees shall assess program elements that were described in the previous
permit, modify as necessary, and develop and implement new elements, as necessary,
to continue reducing the discharge of pollutants from the MS4 to the MEP. New
elements must be fully implemented by the end of this permit term and newly regulated
permittees shall have the program fully implemented by the end of this permit term.
The program must, at a minimum:
(a) Define the goals and objectives of the program based on high priority
community-wide issues (for example, reduction of nitrogen in discharges from
the small MS4, promoting previous techniques used in the small MS4, or
improving the quality of discharges to the Edwards Aquifer);
(b) Identify the target audience(s);
(c) Develop or utilize appropriate educational materials, such as printed materials,
billboard and mass transit advertisements, signage at select locations, radio
advertisements, television advertisements, and websites;
(d) Determine cost effective and practical methods and procedures for distribution
of materials.
2) Throughout the permit term, all permittees shall make the educational materials
available to convey the program's message to the target audience(s) at least annually.
3) If the permittee has a public website, the permit tee shall post its SWMP and the annual
reports required under Part IV.B.2. or a summary of the annual report on the permittee’s
website. The SWMP must be posted no later than 30 days after the approval date, and
the annual report no later than 30 days after the due date.
4) All permittees shall annually review and update the SWMP and MCM implementation
procedures required by Part III.A.2, as necessary. Any changes must be reflected in the
annual report. Such written procedures must be maintained, either on site or in the
SWMP and made available for inspection by the TCEQ.
City of Coppell
Stormwater Management Program
Page 11 July 2019
5) MS4 operators may partner with other MS4 operators to maximize the program and
cost effectiveness of the required outreach.
b) Public Involvement
All permittees shall involve the public, and, at a minimum, comply with any state and local
public notice requirements in the planning and implementation activities related to
developing and implementing the SWMP, except that correctional facilities are not
required to implement this po rtion of the MCM.
Existing permittees shall assess program elements that were described in the previous
permit, modify as necessary, and develop and implement new elements, as necessary, to
continue reducing the discharge of pollutants from the MS4 to the MEP. New elements
must be fully implemented by the end of this permit term and newly regulated permittees
shall have the program fully implemented by the end of this permit term. At a minimum,
all permittees shall:
1) Consider using public input (for example, the opportunity for public comment, or
public meetings) in the implementation of the program;
2) Create opportunities for citizens to participate in the implementation of control
measures, such as stream clean-ups, storm drain stenciling, volunteer monitoring,
volunteer "Adopt-A-Highway" programs, and educational activities;
3) Ensure the public can easily find information about the SWMP.
City of Coppell
Stormwater Management Program
Page 12 July 2019
2.1.2 Public Education, Outreach, and Involvement Programs and BMPs
The goals and o bjectives of this MCM are to educate the residents of the City of Coppell through
educational and outreach programs, and explain how residents can be involved in the efforts of
this stormwater management program. The City is currently providing public education, outreach,
and involvement programs associated with stormwater issues to residents in the following ways:
The public was invited to participate in the development of the initial SWMP. An article detailing
the SWMP was posted on the City of Coppell webpage in November 2002. The article informed
readers about the upcoming regulations and the original 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. Both meetings were open to the public and provided an opportunity to discuss various
viewpoints and provide input concerning appropriate stormwater management policies and BMPs.
The SWMP was revised in May 2014 to meet new requirements for the permit issued on December
13, 2013. The revised SWMP was approved by the City Council on May 27, 2014. The new
finalized SWMP was presented to the City Council on July 9, 2019 and adopted by the City.
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 common daily
activities, such as illegal dumping and yard care, which 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.
The public will be included in continued development, review, and implementation of the SWMP.
The City of Coppell implements BMPs that promote public education, outreach, and involvement.
The list of Best Management Practices, BMP Description, Person Responsible for the BMP,
Implementation Schedule, and Measurable Goals are available in Tab le 2.
2.1.3 Annual Reporting
The City of Coppell will document all of the SWMP activities pertaining to Public Education,
Outreach, and 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 handouts from the Texas SmartScape
classes.
• Visitor counts for the Coppell Community Gardens.
• Documentation from the “Keep Coppell Beautiful Committee” meetings.
• Documentation of stormwater related faxes and information associated with the
information hotline, as well as written transcripts of any stormwater related messages left
by callers.
• Count of the number of storm drain markers placed on residential inlets.
• Documentation of the City Desk Newsletters containing stormwater information.
City of Coppell
Stormwater Management Program
Page 13 July 2019
• Summary of the web page containing stormwater information.
• Documentation of announcements, agendas and minutes from all public hearings and
meetings pertaining to stormwater 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
stormwater management along with documentation of the City Staff’s response.
• Documentation of review of bacteria-specific public education materials.
City of Coppell
Stormwater Management Program
Page 14 July 2019
2.2 ILLICIT DISCHARGE DETECTION AND ELIMINATION
2.2.1 Regulatory Requirement
Specific Requirements as stated in the General Permit for Level 2 Small MS4s:
(a) Program Development
(1) All permittees shall develop, implement , and enforce a program to detect, investigate, and
eliminate illicit discharges into the small MS4. The program must include a plan to detect
and address non-stormwater discharges, including illegal dumping to the MS4 system.
Existing permittees must assess program elements that were described in the previous
permit, modify as necessary, and develop and implement new elements, as necessary, to
continue reducing the discharge of pollutants from the MS4 to the MEP. New elements
must be fully implemented by the end of this permit term and newly re gulated permittees
shall have the program fully implemented by the end of this permit term (See also Part
III.A.1(c)).
The Illicit Discharge Detection and Elimination (IDDE) program must include the
following:
a. An up-to-date MS4 map (see Part III.B.2.(c)(1));
b. Methods for informing and training MS4 field staff (See Part III.B.2.(c)(2));
c. Procedures for tracing the source of an illicit discharge (see Part III. B.2.(c)(5));
d. Procedures for removing the source of the illicit discharge (see Part III.B.2.(c)(5));
e. For Level 2, 3 and 4 small MS4s, if applicable, procedures to prevent and correct any
leaking on-site sewage disposal systems that discharge into the small MS4;
f. For Level 4 small MS4s, procedures for identifying priority areas within the small MS4
likely to have illicit discharges, and a list of all such areas identified in the small MS4
(See Part III.B.2.(e)(1));
g. For Level 4 small MS4s, field screening to detect illicit discharges (See Part
III.B.2.(e)( 2)); and
h. For Level 4 small MS4s, procedures to reduce the discharge of floatables in the MS4.
(See Part III.B.2.(e)(3).
(2) For non-traditional small MS4s, if illicit connections or illicit discharges are observed
related to another operator’s MS4, the permittee shall notify the other MS4 operator within
48 hours of discovery. If notification to the other MS4 operator is not practicable, then the
permittee shall notify the appropriate TCEQ Regional Office of the possible illicit
connection or illicit discharge.
(3) If another MS4 operator notifies the permit tee of an illegal connection or illicit discharge
to the small MS4, then the permittee shall follow the requirements specified in Part
III.B.2.(c)(3).
(4) All permittees shall annually review and update as necessary, the SWMP and MCM
City of Coppell
Stormwater Management Program
Page 15 July 2019
implementation procedures required by Part III.A.2. Any changes must be reflected in the
annual report. Such written procedures must be maintained, either on site or in the SWMP
and made available for inspection by the TCEQ.
(b) Allowable Non-Stormwater Discharges
Non-stormwater flows listed in Part II.C do not need to be considered by the permittee as an illicit
discharge requiring elimination unless the permittee or the TCEQ identifies the flow as a significant
source of pollutants to the small MS4.
(c) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.2(c)(1)-(6)
(1) MS4 mapping
All permittees shall maintain an up-to-date MS4 map, which must be located on site and
available for review by the TCEQ. The MS4 map must show at a minimum the following
information:
a. The location of all small MS4 outfalls that are operated by the permittee and that
discharge into waters of the U.S;
b. The location and name of all surface waters receiving discharges from the small MS4
outfalls; and
c. Priority areas identified under Part III.B.2.(e)(1), if applicable.
(2) Education and Training
All permittees shall implement a method for informing or training all the permittee’s field
staff that may come into contact with or otherwise observe an illicit discharge or illicit
connection to the small MS4 as part of their normal job responsibilities. Training program
materials and attendance lists must be maintained on site and made available for review by
the TCEQ.
(3) Public Reporting of Illicit Discharges and Spills
All permittees shall publicize and facilitate public reporting of illicit discharges or water
quality impacts associated with discharges into or from the small MS4. The permittee shall
provide a central contact point to receive reports; for example by including a phone number
for complaints and spill reporting.
(4) All permittees shall develop and maintain on-site procedures for responding to
illicit discharges and spills.
(5) Source Investigation and Elimination
a. Minimum Investigation Require ments – Upon becoming aware of an illicit discharge,
all permittees shall conduct an investigation to identify and locate the source of such
illicit discharge as soon as practicable.
(i) All permittees shall prioritize the investigation of discharges based on their relative
risk of pollution. For example, sanitary sewage may be considered a high priority
discharge.
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Stormwater Management Program
Page 16 July 2019
(ii) All permittees shall report to the TCEQ immediately upon becoming aware of the
occurrence of any illicit flows believed to be an immediate threat to human health
or the environment.
(iii) All permittees shall track all investigations and document, at a minimum, the date(s)
the illicit discharge was observed; the results of the investigation; any follow -up of
the investigation; and the date the investigation was closed.
b. Identification and Investigation of the Source of the Illicit Discharge –All permittees
shall investigate and document the source of illicit discharges where the permittees
jurisdiction to complete such an investigation. If the source of illic it discharge extends
outside the permittee’s boundary, all permittees shall notify the adjacent permitted MS4
operator or the appropriate TCEQ Regional Office according to Part III.A.3.b.
c. Corrective Action to Eliminate Illicit Discharge
If and when the source of the illicit discharge has been determined, all permittees shall
immediately notify the responsible party of the problem, and shall require the
responsible party to perform all necessary corrective actions to eliminate the illicit
discharge.
(6) Inspections – The permittee shall conduct inspections, in response to complaints, and shall
conduct follow-up inspections to ensure that corrective measures have been implemented
by the responsible party.
The permitt ee shall develop written procedures describing the basis for conducting
inspections in response to complaints and conducting follow-up inspections.
2.2.2 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:
Anti-Litter Regulations).
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 immediat ely remove the same or cause it to be removed (Ord. No. 92559:
Anti-Litter Regulations).
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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: Anti-Litter Regulations)
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: Animal Services).
5. Unless authorized by the Texas Commission on Environmental Quality (TCEQ), 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: Industrial Waste and Sewer Use Regulations).
6. The City of Coppell will establish a schedule of drainage charges against all real property
in the city subject to charges under Sections 402.041, et seq. of Subchapter C of Chapter
402 of the TEXAS LOCAL GOVERNMENT CODE. The City will provide drainage for
all real property within the city on payment of drainage charges, except such real property
which may be exempted therefrom as authorized by law. The City will offer such drainage
service on nondiscriminatory, reasonable and equitable terms (Ord. No. 2004-1070:
Municipal Drainage Utility Systems).
7. The City of Coppell shall comply with, enforce, and adopt all applicable Federal
regulations pertaining to stormwater discharges from regulated small MS4's. The
ordinance is in compliance with all applicable Federal laws including the Clean Water act
and the National Pollutant Discharge Elimination System (NPDES) regulations, and all
Texas Pollutant Discharge Elimination System (TPDES) permits and requirements which
control discharges of pollutants to surface waters (Ord. No. 2012 -1312: Stormwater
Quality Management and Illicit Discharge Code).
The Engineering Department, Environmental Hea lth Division, Building Inspections Department,
and the Police Department enforce the above mentioned laws and ordinances that protect the
stormwater 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-Stormwater Discharges: The City of Coppell understands that there are allowable
non-stormwater discharges that enter the storm sewer and drainage systems. At present, the City
will only allow the non- stormwater discharges listed in Part II.C of the TPDES General Permit
(copy located in Appendix E) to be excluded as an illicit discharge. Any other non-stormwater
discharge will be considered for exclusion as an illicit discharge on a case-by-case basis.
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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 are 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.
The City of Coppell implements BMPs that promote illicit discharge detection and elimination.
The list of Best Management Practices, BMP Description, Person Responsible for the BMP,
Implementation Schedule, and Measurable Goals are available in Table 3.
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2.2.3 Annual Reporting
The Cit y of Coppell will document all of the SWMP activities pertaining 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 co mpleted and submitted Water Quality Observation Cards.
• Documentation of any Ordinance or Ordinance Revisions regarding enforcement of
stormwater 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 t hat was considered and accepted on a case-by-case basis.
• General descriptions of modifications and updates to the storm sewer map.
• Documentation of citizen complaints received and addressed through the hotline, and the
number of corrective actions taken.
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2.3 CONSTRUCTION SITE STORMWATER RUNOFF CONTROL
2.3.1 Regulatory Requirement
Specific Requirements as stated in the General Permit for Level 2 Small MS4s:
(a) Requirements and Control Measures
(1) All permittees shall develop, implement, and enforce a program requiring operators of small
and large construction activities, as defined in Part I of this general permit, to select, install,
implement, and maintain stormwater control measures that prevent illicit discharges to the
MEP. The program must include the development and implementation of an ordinance or
other regulatory mechanism, as well as sanctions to ensure compliance to the extent
allowable under state, federal, and local law, to require erosion and sediment control.
Existing permittees shall assess program elements that were described in the previous
permit, modify as necessary, and develop and implement new elements, as necessary, to
continue reducing the discharge of pollutants from the MS4 to the MEP. New elements
must be fully implemented by the end of this permit term and newly regulated permittees
shall have the program fully implemented by the end of this permit term.
If TCEQ waives requirements for stormwater discharges associated with small
construction from a specific site(s), the permittee is not requir ed to enforce the program to
reduce pollutant discharges from such site(s).
(b) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.3(b)(1)-(7)
(1) All permittees shall annually review and update as necessary, the SWMP and MCM
implementation procedures required by Part III.A.2. Any changes must be included in the
annual report. Such written procedures must be maintained on site or in the SWMP and
made available for inspection by the TCEQ.
(2) All permittees shall require that construction site operators implement appropriate erosion
and sediment control BMPs. The permittee’s construction program must ensure the
following minimum requirements are effectively implemented for all small and large
construction activities discharging to its small MS4.
a. Erosion and Sediment Controls - Design, install and maintain effective erosion controls
and sediment controls to minimize the discharge of pollutants.
b. Soil Stabilization - Stabilization of disturbed areas must, at a minimum, be initiated
immediately whenever any clearing, grading, excavating or other earth disturbing
activities have permanently ceased on any portion of the site, or temporarily ceased on
any portion of the site and will not resume for a period exceeding 14 calendar days.
Stabilization must be completed as soon as practicable, but no more than 14 calendar
days after the initiation of soil stabilization measures. In arid, semiarid, and drought
stricken areas, where initiating vegetative stabilization measures immediately is
infeasible, alternative stabilization measures must be employed.
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The permittee shall develop written procedures that describes initiating and completing
stabilization measures for construction sites.
c. BMPs – Design, install, implement, and maintain effective BMPs to minimize the
discharge of pollutants to the small MS4. At a minimum, such BMPs must be designed,
installed, implemented and maintained to:
(i) Minimize the discharge of pollutants from equipment and vehicle washing, wheel
wash water, and other wash waters;
(ii) Minimize the exposure of building materials, building products, construction
wastes, trash, landscape materials, fertiliz ers, pesticides, herbicides, detergents,
sanitary waste and other materials present on the site to precipitation and to
stormwater; and
(iii) Minimize the discharge of pollutants from spills and leaks.
d. As an alternative to (a) through (c) above, all permittees s hall ensure that all small and
large construction activities discharging to the small MS4 have developed and
implemented a stormwater pollution prevention plan (SWP3) in accordance with the
TPDES CGP TXR150000. In arid, semiarid, and drought-stricken areas where initiating
vegetative stabilization measures immediately is infeasible, alternative stabilization
measures must be employed and described in the written procedure required in item
(2)b. above. As an alternative, vegetative stabilization measures may be implemented
as soon as practicable.
2.3.2 Construction Site Stormwater Runoff Control Programs and BMPs
Coppell enforces the following ordinances to reduce pollutants in any stormwater runoff to the
storm sewer system from construction activities:
1. The City of Coppell 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 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. Stormwater 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.
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2. Ordinance No. 92559, Anti-Litter Regulations, 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 throughthe
transportation of construction/related trucks to and from construction sites anywhere within the
city limits of City of Coppell. If a 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. If no action is forthcomi ng, a citation shall be issued.
Each construction site shall contain a trash bin that will contain a minimum of 216 cubic feet of
trash.
3. Ordinance No. 91500-A-203 contains The Tree Preservation Requirements of the
Comprehensive Zoning Ordinance provided 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 pro per guidelines, methods, and regulations of tree preservation
and protection within the city. The City Manager or his designee issues a notice of
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
for compliance with the Tree Preservation Requirements. The Engineering Department, as part of
the DRC, reviews all public and private construction plans for 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 iss ues
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.
The City of Coppell implements BMPs that promote construction site stormwater runoff control.
The list of Best Management Practices, BMP Description, Person Responsible for the BMP,
Implementation Schedule, and Measurable Goals are available in Table 4.
2.3.3 Annual Reporting
The City of Coppell will document all of the SWMP activities pertaining to Construction Site
Stormwater 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 stormwater BMPs.
• Documentation of construction site visits.
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• Documentation of enforcement actions or stop-work notifications issued to contractors.
• Documentation of any citizen or public complaints related to construction site runoff.
• Documentation of any illicit discharges.
• Documentation of excessive discharges of pollution from spills and/or leaks.
• Documentation of annual MS4 training program.
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2.4 POST CONSTRUCTION STORMWATER MANAGEMENT IN NEW
DEVELOPMENT AND REDEVELOPMENT
2.4.1 Regulatory Requirement
Specific Requirements as stated in the General Permit for Level 2 Small MS4s:
(a) Post -Construction Stormwater Management Program
(1) All permittees shall develop, implement, and enforce a program, to the extent allowable
under state, federal, and local law, to control stormwater discharges from new development
and redeveloped sites that discharge into the small MS4 that disturb one acre or more,
including projects that disturb less than one acre that are part of a larger common plan of
development or sale. The program must be established for private and public development
sites. The program may utilize an offsite mitigation and payment in lieu of components to
address this requirement.
Existing permittees shall assess program elements that were described in the previous
permit and modify as necessary to continue reducing the discharge of pollutants from the
MS4 to the MEP. New elements must be fully implemented by the end of this permit term
and newly regulated permittees shall have the program fully implemented by the end of the
permit term.
(2) All permittees shall use, to the extent allowable under state, federal, and local law and local
development standards, an ordinance or other regulatory mechanism to address post -
construction runoff from new development and redevelopment projects. The permittees
shall establish, implement, and enforce a requirement that owners or operators of new
development and redeveloped sites design, install, implement, and maintain a combination
of structural and non-structural BMPs appropriate for the community and that protects
water quality. If the construction of permanent structures is not feasible due to space
limitations, health and safety concerns, cost effectiveness, or highway construction codes,
the permittee may propose an alternative approach to TCEQ. Newly regulated permittees
shall have the program element fully implemented by the end of the permit term.
(b) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.4.(b)(1)-(3)
(1) All permittees shall annually review and update as necessary, the SWMP and MCM
implementation procedures required by Part III.A.2. Any changes must be included in the
annual report. Such written procedures must be maintained either on site or in the SWMP
and made available for inspection by TCEQ.
(2) All permittees shall document and maintain records of enforcement actions and make them
available for review by the TCEQ.
(3) Long-Term Maintenance of Post -Construction Stormwater Control Measures
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All permittees shall, to the extent allowable under state, federal, and local law, ensure
the long-term operation and maintenance of structural stormwater control measures
installed through one or both of the following approaches:
a. Maintenance performed by the permittee. See Part III.B.5
b. Maintenance performed by the owner or operator of a new development or redeveloped
site under a maintenance plan. The maintenance plan must be filed in the real property
records of the county in which the property is located. The permittee shall require the
owner or operator of any new development or redeveloped site to develop and
implement a maintenance plan addressing maintenance requirements for any structural
control measures installed on site. The permittee shall require operation and
maintenance performed is documented and retained on site, such as at the offices of the
owner or operator, and made available for review by the s mall MS4.
2.4.2 Post Construction Stormwater Management in New Development and
Redevelopment Programs and BMPs
Coppell relies on the following ordinances as legal authority to address stormwater 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 predevelopment 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 ma ps
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 over bank or channel
areas and minimize long-term flood-related erosion. Violation of the provisions of this
ordinance by failure to comply with any of its requirements shall constitute a misdemeanor
and be subject to a fine.
2. 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
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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 commu nity 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.
3. Ordinance No. 91599-A-30, Ordinance No. 91500-A-105, and Ordinance No. 91500- A-
276 under the Landscape Regulations of the Comp rehensive 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 10-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.
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.
The City of Coppell implements BMPs that promote post -construction stormwater management
for new development and redevelopment programs. The list of Best Management Practices, BMP
Description, Person Responsible for the BMP, Implementation Schedule, and Measurable Goals
are available in Table 5.
2.4.3 Annual Reporting
The City of Coppell will document all of the SWMP act ivities pertaining Post Construction
Stormwater Management in New Development and Redevelopment. Documentation will be
placed in the SWMP Annual Report and will include, but may not be limited to the following
items:
• Document proposed and adopted ordinance amendments.
• Document plan review and inspection procedures.
• Document compliance and non-compliance with new maintenance plan after it has been
enforced.
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• Document non-compliance with required inclusion of structural and non-structural BMPS
which prot ect water quality.
• Document and maintain records of enforcement action.
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2.5 POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
2.5.1 Regulatory Requirement
Specific Requirements as stated in the General Permit for Level 2 Small MS4s:
(a) Program development
All permittees shall develop and implement an operation and maintenance program, including
an employee training component that has the ultimate goal of preventing or reducing pollutant
runoff from municipal activities and municipally owned areas including but not limited to park
and open space maintenance; street, road, or highway maintenance; fleet and building
maintenance; stormwater system maintenance; new construction and land disturbances;
municipal parking lots; vehicle and equipment maintenance and storage yards; waste transfer
stations; and salt/sand storage locations.
Existing permittees shall assess program elements that were described in the previous permit,
modify as necessary, and develop and implement new elements, as necessary, to continue
reducing the discharges of pollutants from the MS4 to the MEP. New elements must be fully
implemented by the end of this permit term and newly regulated permittees shall have the
program fully implemented by the end of this permit term. See also Part III.A.1.(c))
(b) Requirements for all Permittees
All permit tees shall include the requirements described below in Parts III.B.5.(1)-(6) in the
program:
(1) Permittee-owned Facilities and Control Inventory
All permittees shall develop and maintain an inventory of facilities and stormwater controls
that it owns and operates within the regulated area of the small MS4. The inventory must
include all applicable permit numbers, registration numbers, and authorizations for each
facility or controls. The inventory must be available for review by TCEQ and must include,
but is not limited, to the following, as applicable:
a. Composting facilities;
b. Equipment storage and maintenance facilities;
c. Fuel storage facilities;
d. Hazardous waste disposal facilities;
e. Hazardous waste handling and transfer facilities;
f. Incinerators;
g. Landfills;
h. Materials storage yards;
i. Pesticide storage facilities;
j. Buildings, including schools, libraries, police stations, fire stations, and office
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buildings;
k. Parking lots;
l. Golf courses;
m. Swimming pools;
n. Public works yards;
o. Recycling facilities;
p. Salt storage facilities;
q. Solid waste handling and transfer facilities;
r. Street repair and maintenance sites;
s. Vehicle storage and maintenance yards; and
t. Structural stormwater controls.
(2) Training and Education
All permittees shall inform or train appropriate employees involved in implementing
pollution prevention and good housekeeping practices. All permittees shall maintain a
training attendance list for inspection by TCEQ when requested.
(3) Disposal of Waste Material - Waste materials removed from the small MS4 must be
disposed of in accordance with 30 TAC Chapters 330 or 335, as applicable.
(4) Contractor Requirements and Oversight
a. Any contractors hired by the permittee to perform maintenance activities on permittee-
owned facilities must be contractually required to comply with all of the stormwater
control measures, good housekeeping practices, and facility specific stormwater
management operating procedures described in Parts III B.5. (b)(2)-(6).
b. All permittees shall provide oversight of contractor activities to ensure that contractors
are using appropriate control measures and SOPs. Oversight procedures must be
maintained on-site and made available for inspection by TCEQ.
(5) Municipal Operation and Maintenance Activities
a. Assessment of permittee-owned operations
All permittees shall evaluate operation and maintenance (O&M) activities for their
potential to discharge pollutants in stormwater, including but not limited to:
(i) Road and parking lot maintenance, including such areas as pothole repair,
pavement marking, sealing, and re-paving;
(ii) Bridge maintenance, including such areas as re-chipping, grinding, and saw
cutting;
(iii) Cold weather operations, including plow ing, sanding, and application of deicing
and anti-icing compounds and maintenance of snow disposal areas; and
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(iv) Right-of-way maintenance, including mowing, herbicide and pesticide application,
and planting vegetation.
b. All permittees shall identify pollutants of concern that could be discharged from the
above O&M activities (for example, metals; chlorides; hydrocarbons such as benzene,
toluene, ethyl benzene, and xylenes; sediment; and trash).
c. All permittees shall develop and implement a set of pollution prevention measures that
will reduce the discharge of pollutants in stormwater from the above activities. These
pollution prevention measures may include the following examples:
(i) Replacing materials and chemicals with more environmentally benign
materials or me thods;
(ii) Changing operations to minimize the exposure or mobilization of pollutants to
prevent them from entering surface waters; and
(iii) Placing barriers around or conducting runoff away from deicing chemical storage
areas to prevent discharge into surface waters.
d. Inspection of pollution prevention measures - All pollution prevention measures
implemented at permittee-owned facilities must be visually inspected to ensure they
are working properly. The permittee shall develop written procedures that describes
frequency of inspections and how they will be conducted. A log of inspections must be
maintained and made available for review by the TCEQ upon request.
(6) Structural Control Maintenance
If BMPs include structural controls, maintenance of the controls must be performed by the
permittee and consistent with maintaining the effectiveness of the BMP. The permittee
shall develop written procedures that define the frequency of inspections and how they will
be conducted.
2.5.2 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. Stormwater system maintenance;
5. New construction and land disturbances;
6. Water distribution;
7. Wastewater collection;
8. Emergency operations (police, fire, EMS).
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The following table lists the names and locations of City owned and ope rated facilities that are
impacted and covered by this SWMP:
Table 2.5.1: City Facilities
Facility Type Facility Location
Buildings
Animal Shelter 821 S. Coppell Road
Aquatic Center 234 E. Parkway Blvd
Arts Center 157 S. Moore
Biodiversity Center 367 Freeport Parkway
Columbarium 345 Freeport Parkway
Coppell Service Center 816 S. Coppell Road
Fire Station #1 520 Southwestern
Fire Station #2 366 MacArthur
Fire Station #3 133 Parkway
Justice Center 130 Town Center Blvd
Library 177 N Heartz
Grapevine Springs Community Center 345 Bethel Road
Tennis Center 950 Creekview
Town Center 255 E.Parkway
"265 Building" 265 Parkway
Utilities
Village Parkway Pump Station 1101 Village Parkway
Water Tower #1 Southwestern Blvd
Water Tower #2 1001 Northpoint Drive
Deforest Road Lift Station
Sandy Lake Road Lift Station
Parks
Andy Brown Park Central 364 N. Denton Tap
Andy Brown Park East 260 E Parkway
Andy Brown Park West 363 N. Denton Tap
MacArthur Park 400 S MacArthur Blvd
Wagon Wheel 345 Freeport Parkway
The NDCFCD will implement BMPs for pollution prevention and good housekeeping as
applicable within the District. The District does not own any equipment, and any storm drain
facilities located beyond the property limits of the District are the responsibility of others. The
District’s facilities and infrastructure consist of a series of sumps, outfall structures, and intake
structures. These are maintained as needed.
2.5.3 Pollution Prevention and Good Housekeeping for Municipal Operations
Programs and Best Management Practices
The City of Coppell implements BMPs that promote pollution prevention and good housekeeping
measures for municipal operations. The list of Best Management Practices, BMP Description,
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Person Respo nsible for the BMP, Implementation Schedule, and Measurable Goals are available
in Table 6.
2.5.4 Annual Reporting
The City of Coppell will document all of the SWMP activities pertaining to Pollution Prevention
and Good Housekeeping for Municipal Operations. 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 stormwater 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.
• Documentation contractors not in compliance with required operating procedures.
Following the end of each permit year, the NDCFCD will provide the annual status review along
with any other relevant information such as, but not limited to, responses to any issues raised
related to District facilities and maintenance activities performed. This information will be provided
to the City by February 1 of each year so that the City can complete the annual report to submit to
the TCEQ.
City of Coppell
Stormwater Management Program
Page 33 July 2019
2.6 SUMMARY TABLES OF BEST MANAGEMENT PRACTICES AND TA RGETED
CONTROLS
32 City of Coppell
Stormwater Management Program
July 2019
Unless otherwise specified, Implementation Schedule to be completed by December 31 of each permit year.
* Asterisk indicates TMDL-specific BMPs. See Table 6 for Summary of Targeted Controls.
+ Plus sign indicates new BMP.
Table 2 - Minimum Control Measure 1: Public Education, Outreach, and Involvement
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
BMP 1.1
Texas SmartScape
Classes
The Community Programs Supervisor (a TCEQ Yard Wise
Coordinator) 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 the
impact to stormwater. The Texas SmartScape compact disc
(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.
Community
Programs
Supervisor
December
2019
(and then
annually)
▪ Hold two classes per year on Texas SmartScape.
▪ Document the number of attendees at each event.
▪ Verify link annually on City’s Community Programs website.
BMP 1.2
Community
Organic Recycling
Education (CORE)
Program
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.
Community
Programs
Supervisor
December
2019
(and then
annually)
▪ Document number of programs sponsored by CORE each
year.
▪ Document number of participants at each event.
▪ Update CORE's webpage as necessary.
BMP 1.3
Coppell
Community
Gardens
There are two Coppell Community Gardens that offer continuing
education on composting, organic gardening, and proper pesticide
management methods. The gardens have approximately 1,000
visitors per year.
Community
Programs
Supervisor
December
2019
(and then
annually)
▪ Document each educational event and the number of
attendees at each event.
BMP 1.4
City Hotline
The Community Programs Office coordinates information for the
City’s 24-hour telephone information line. Information related to
stormwater discharges includes recycling, the Community
Gardens, street sweeping, and drainage maintenance. The City
has the capability to fax related documents and information, and
receives citizen response and request for services messages.
Residents and businesses are informed of the hotline through
the available brochure and the City’s website.
Community
Programs
Supervisor
December
2019
(and then
annually)
▪ Document stormwater-related calls and responses.
▪ Update hotline phone number to the Stormwater
Management page on the City’s website, as necessary.
*BMP 1.5
Removal and
Proper Disposal of
Animal Feces
The Parks and Recreation Department posts ordinance signs
associated with the removal and proper disposal of animal feces
in the City’s public parks.
Parks and
Recreation
Department
December
2019
(and then
annually)
▪ Maintain ordinance signs and Dog Waste Stations.
▪ Document number of complaints regarding animal feces in
public parks.
BMP 1.6
Storm Drain
Labeling
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 and has previously placed
Environmental
Health Division
December
2019
(and then
annually)
▪ Review 20% storm drain markings each year.
▪ Document number and location of storm drain markers
placed throughout the City.
▪ Document when storm drain markers are replaced.
33 City of Coppell
Stormwater Management Program
July 2019
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
approximately 130 markers. Continue labeling 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.
BMP 1.7
Pre-Construction
Meetings
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 Stormwater
Pollution Prevention Plans and Sediment and Erosion Control
Plans.
City Engineer December
2019
(and then
annually)
▪ Document Pre-Construction meetings, and the number of
attendees at each meeting.
BMP 1.8
Public
Education/City
Desk Stormwater
Quality Messages
The City uses the City Desk newsletter that is included in each
water bill mailing to distribute messages pertaining to the
Stormwater Management Program that are of interest to the
general public, such as proper management of pesticides and
fertilizers, prevention of littering, stormwater 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.
Community
Information
Officer
December
2019
(and then
annually)
▪ Post two stormwater quality related messages per year
during each permit year in the City Desk newsletter.
▪ Distribute educational materials to the general public
at City events and Farmers Market annually.
▪ Document the number of educational materials
distributed.
BMP 1.9
Municipal Website
Stormwater
Information
The City uses the municipal website to inform the public about
the Stormwater Management Program. The website address
is:http://www.coppelltx.gov/government/departments/engineeri
ng/stormwater-management. The website includes general
stormwater 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.
Community
Information
Officer
December
2019
▪ Review website annually and updated if necessary.
December
2022
▪ The City will create a new email address that will be
dedicated for receiving questions and concerns about the
program that are expressed on the website.
BMP 1.10
Comply With State
and Local Public
Notice
Requirements
The City is in compliance with state and local public notice
requirements when implementing a public involvement and
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 and mailing inserts, as necessary.
City Engineer,
Community
Information
Officer
December
2019
(and then
annually)
▪ Continue to provide state and local required public notices
in the process of implementing a public involvement and
participation program.
34 City of Coppell
Stormwater Management Program
July 2019
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
BMP 1.11
SWMP Available
for Public Review
and Comment
After the City adopts the SWMP, it will be permanently posted on
the website and remain open for public review and comment.
Public comments and input regarding the SWMP and responses
by Engineering staff will be documented. Information related to
the SWMP will be posted as necessary.
Community
Information
Officer
December
2019
▪ Provide the adopted SWMP for public review and comment
on the City's website.
City Engineer,
Community
Information
Officer
December
2019
(and then
annually)
▪ Document the public input regarding the SWMP and
responses by Engineering staff.
▪ Annually review and update the SWMP and MCM
implementation procedures, as necessary.
City Engineer,
Community
Information
Officer
30 Days
after
Approval
Date
▪ Post SWMP Annual Report for public review on the
City’s website.
▪ Post the adopted SWMP on the City’s website.
*+BMP 1.12
Bacteria-Specific
Public Education
According to TCEQ's Implementation Plan for Seventeen Total
Maximum Daily Loads for Bacteria in the Greater Trinity River
Region, "as funding is available, NCTCOG and stakeholders will
develop or expand the availability of m ore bacteria-specific public
education materials to RSWMP participants." The City will review
the bacteria-specific public education materials developed by
NCTCOG and stakeholders, as necessary, for possible use in the
City.
Public Works
Office,
Community
Information
Officer
December
2019
(and then
annually)
▪ Review bacteria-specific public education materials
developed by NCTCOG and stakeholders, as necessary, for
possible use in the City.
35 City of Coppell
Stormwater Management Program
July 2019
Table 3 - Minimum Control Measure 2: Illicit Discharge Detection and Elimination
Best Management
Practices
BMP Description
Responsibility Implementation
Schedule
Measurable Goals
BMP 2.1
Program to Detect
and Eliminate Illicit
Discharges
The City has evaluated existing procedures and developed and
implemented 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 are provided
with water quality observation cards to be carried in every City
vehicle. The staff receives initial training and an annual refresher
training conducted by the Engineering Department, to be aware of
signs of illicit discharges. Field staff are instructed to use the
observation cards to document unusual dry weather flows (those
not classified as allowable non-stormwater discharges), illegal
dumping, sewage overflows, or anything else unusual.
Once an observation card is completed by field staff, it is
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 is
maintained by the City Engineer. Information from the database
may be transferred to the GIS storm sewer map t o help identify
problem areas.
City Engineer December
2019
(and then
annually)
▪ Continue annual training for municipal employees and field
staff to detect and eliminate illicit discharges.
▪ Maintain training program materials and attendance lists
annually.
▪ Continue documenting observation cards, as necessary.
▪ Continue updating GIS storm sewer map, as necessary.
▪ Annually review and update the SWMP and MCM
implementation procedures, as necessary.
December
2020
▪ Develop written procedures for conducting inspections in
response to complaints and conducting follow-up
inspections to ensure corrective measures have been
implemented.
BMP 2.2
Storm Sewer
System 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 storm sewer map,
and the water quality database will be updated.
City Engineer December
2019
(and then
annually)
▪ Continue to locate and identify the outfall structures and
receiving waters of the U.S. and input data into the GIS
storm sewer map.
▪ Update the existing GIS storm sewer map with stormwater
quality data and new facilities, as necessary.
*BMP 2.3
Illicit Discharge
Ordinance
The City has developed an ordinance to effectively prohibit illicit
discharges and illegal dumping into the storm sewer system and
implements enforcement response procedures and penalties for
City Engineer December
2019
(and then
annually)
▪ Continue to implement existing ordinances regarding
stormwater quality and pollution mitigation, including
bacteria.
▪ Sample and monitor creeks three times a year.
36 City of Coppell
Stormwater Management Program
July 2019
Best Management
Practices
BMP Description
Responsibility Implementation
Schedule
Measurable Goals
noncompliance. The ordinance authorizes access for municipal
employees to storm sewers on private property for inspection
and investigation purposes. If it is determined that any non-
stormwater discharges significantly contribute pollutants,
including bacteria, to the storm sewer system, the ordinance will
prohibit those non-stormwater discharges.
City Engineer,
City Attorney
December
2020
▪ Determine if any non-stormwater discharges are pollutants
and amend the Illicit Discharge Ordinance, as necessary.
+BMP 2.4
Hotline for Public
Reporting of Illicit
Discharges
The City utilizes a reporting hotline for the public to report illicit
discharges. The phone number is posted on the stormwater
webpage and can be accessed by calling the Engineering
Department as displayed on the City of Coppell's "CONTACT US"
webpage. This will facilitate the ability of the public to provide
information that will assist in the detection of problem discharges.
The City will continue implementing procedures for addressing
information submitted by citizens on the hotline and forwarding the
information to City inspectors. The City will maintain procedures for
record keeping of complaints and corrective actions to be taken.
City Engineer,
Community
Information
Officer
December
2019
(and then
annually)
▪ Update hotline phone number to the Stormwater
Management page on the City’s website, as
necessary.
▪ Continue to facilitate hotline for public reporting of illicit
discharges.
▪ Document reports and complaints annually.
▪ Document the number of corrective actions taken annually.
37 City of Coppell
Stormwater Management Program
July 2019
Table 4 - Minimum Control Measure 3: Construction Site Stormwater Runoff Control
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
BMP 3.1
Construction Site
Stormwater Runoff
Control Program
The City has developed and implements stormwater control
measures to ensure compliance with the Phase II general
permit. The City enforces effective erosion and sediment
controls, soil stabilization, and BMPs for construction sites to
minimize the discharge of pollutants.
City Engineer December
2019
(and then
annually)
▪ Annually review and update the SWMP and MCM
implementation procedures, as necessary.
▪ Maintain effective erosion and sediment controls.
December
2020
▪ Develop written procedures for initiating and completing
soil stabilization measures for construction sites.
BMP 3.1
Erosion and
Sedimentation
Control Code
The City has implemented existing Erosion and Sedimentation
Control Code, Ord. No. 91514, to ensure compliance with the
Phase II general permit. The City will review the TPDES permit
requirements for large and small construction activities and the
NCTCOG Construction BMP Manual. The City will continue
looking for opportunities to coordinate the ordinance with the
federal/state 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 speci fications will
be amended to ensure compliance with the Phase II general
permit.
City Engineer,
City Attorney
December
2019
▪ Review existing ordinances, regulations, and specifications
for compliance with Phase II general permit.
City Engineer,
City Attorney
December
2020
▪ Update and adopt any necessary ordinances, regulations
and specifications for compliance with Phase II permit.
*+BMP 3.2
Site Inspections
The City has reviewed existing site inspection procedures and
established written procedures that contain appropriate
frequencies for inspection of construction stormwater BMPs as
well as procedures for record keeping of inspections and
compliance actions.
City Engineer December
2019
(and then
annually)
▪ Continue implementation of the inspection program.
▪ Document violations of the site inspection requirements and
any stop work orders given.
▪ Continue inspection of portable toilet facilities to the
inspection requirements, in order to mitigate possible
bacteria discharge from construction areas.
▪ Continue site inspection procedures for inspection of
construction stormwater BMPs.
BMP 3.3
Reporting Hotline
The City utilizes the same reporting hotline discussed in the Illicit
Discharge Detection and Elimination MCM for the public to report
construction site problems. The phone number is posted on the
stormwater management webpage. This facilitates the ability of
the public to provide information that will assist in detecti on of
problem discharges. The City has established and implemented
procedures for addressing information submitted by citizens on
the hotline and forwarding the information to City inspectors. The
City has also established procedures for record keeping of
complaints and corrective actions taken.
City Engineer,
Community
Information
Officer
December
2019
(and then
annually)
▪ Update hotline phone number to the Stormwater
Management page on the City’s website, as
necessary.
▪ Document any citizen complaints and corrective action
taken annually.
▪ Publicize the hotline in the City Desk newsletter and
mailings, as necessary.
City Engineer,
Community
Information
Officer
38 City of Coppell
Stormwater Management Program
July 2019
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
*+BMP 3.4
Minimize
Discharges from
Spills and Leaks
The developer is required to minimize the discharge of pollutants
from spills and leaks. The construction site may develop a
Stormwater Pollution Prevention Plan (SWPPP) in accordance
with the TPDES Construction General Permit TXR 150000. This
will be monitored through the site inspections as listed in BMP 3.2.
City Engineer December
2019
(and then
annually)
▪ Document number of construction sites not in compliance
with BMP 3.4 upon inspection and any corrective action
taken annually.
*+BMP 3.5
Prohibited Illicit
Discharges
As described in the TPDES General Permit TXR040000
III.B.3.b.3, and to help mitigate bacteria discharges, construction
sites are prohibited from discharging the following:
a) Wastewater from washout of concrete and wastewater
from water well drilling operations, unless managed by
an appropriate control;
b) Wastewater from washout and cleanout of stucco, paint,
from release oils, and other construction materials;
c) Fuels, oils, or other pollutants used in vehicle and
equipment operation and maintenance;
d) Soaps or solvents used in vehicle and equipment
washing; and,
e) Discharges from dewatering activities, including
discharges from dewatering of trenches and
excavations, unless managed by appropriate BMPs.
City Engineer December
2019
(and then
annually)
▪ Document the number of construction sites not in
compliance with BMP 3.5 upon site inspection and any
corrective action taken annually.
+BMP 3.6
MS4 Staff Training
The City will ensure City staff whose primary job duties are
related to implementing the construction stormwater program
(including permitting, plan review, construction site inspections,
and enforcement) are informed or trained to conduct these
activities.
City Engineer December
2019
(and then
annually)
▪ Continue to ensure City staff whose primary job
duties are related to implementing the construction
stormwater program are informed or trained to conduct
these activities.
▪ Document the number of City staff trained each year.
▪ Document the number trainings related to construction site
stormwater runoff control attended by City staff each year.
39 City of Coppell
Stormwater Management Program
July 2019
Table 5 - Minimum Control Measure 4: Post-Construction Stormwater Management in New Development and Redevelopment
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
*BMP 4.1
Evaluate and
Update
Ordinances
The City will draft local criteria for management of new and
redevelopment. The City will review the Comprehensive Zoning
Ordinance, the Subdivision Ordinance, and the Floodplain
Ordinance. These ordinances may be amended to require
regulated development and redevelopment to comply with criteria
and standards to ensure proper long-term operation and
maintenance of structural BMPs.
City Engineer December
2019
▪ Review applicable ordinances.
City Engineer December
2020
▪ Draft design criteria and standards for engineering,
planning, and administration, as needed.
City Engineer,
Legal
December
2021
▪ Amend ordinances to require long-term maintenance of
post-construction stormwater management BMPs, as
needed.
City Engineer December
2022-
2023
▪ Implement and enforce all applicable post-construction
stormwater management criteria and standards.
City Engineer December
2019
(and then
annually)
▪ Annually review and update the SWMP and MCM
implementation procedures, as necessary.
▪ Document and maintain records of enforcement actions
annually.
BMP 4.2
Update Plan Review
and Inspection
Programs
The City will continue to integrate post-construction stormwater
quality requirements into plan review and site i nspection
programs. The City will evaluate existing procedures and
identify needed changes and implement the revised programs.
City Engineer December
2021
▪ Evaluate existing plan review and site inspection
procedures. Identify program changes, as needed.
City Engineer December
2022-
2023
▪ Implement the revised plan review and inspection programs.
*+BMP 4.3
Structural and
Non-structural
BMPs
The City shall establish, implement, and enforce a requirement
that owners or operators of new development and redeveloped
sites design, install, implement, and maintain a combination of
structural and non-structural BMPs appropriate for the community
that protect water quality and reduce bacterial discharges.
City Engineer December
2021
▪ Establish structural and non-structural BMP requirements,
which protect water quality, for owners or operators of newly
developed or redeveloped sites.
December
2022-
2023
▪ Implement and enforce the structural and non-structural
BMP requirements which protect water quality.
+BMP 4.4
Long-term
Maintenance Plan
In order to ensure long-term operation and maintenance of
structural stormwater controls, the City shall require the owner or
operator of any new development or redeveloped site to develop
and implement a maintenance plan addressing maintenance
requirements for any structural control measures installed on site.
The City shall require that operation and maintenance performed
is documented and retained on site, such as at the offices of the
owner or operator, and shall be made available for review by the
City.
City Engineer December
2020
▪ Create general framework for maintenance plan for newly
developed or redeveloped sites.
City Engineer December
2021
▪ Publicize the new maintenance plan requirement and
provide informational meetings regarding the necessity and
formation of the maintenance plan for owners and operators
of new developed or redeveloped sites.
City Engineer December
2022-
2023
▪ Enforce the new maintenance plan requirement for all
owners and operators of newly developed or redeveloped
sites.
40 City of Coppell
Stormwater Management Program
July 2019
Table 6 - Minimum Control Measure 5: Pollution Prevention/Good Housekeeping for Municipal Operations
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
BMP 5.1
Street and
Roadway
Maintenance
The City contracts with an outside 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, as needed, based on visual
inspections and citizen complaints. Sediment from the ditches
and inlets is recycled.
Streets
Division
December
2019
(and then
annually)
▪ Document street and roadway maintenance activities.
▪ Continue sweeping major streets once a year and the major
intersections four times a year.
▪ Continue cleaning ditches, curb inlets, drains, and repair
erosion areas, as needed.
*BMP 5.2
Stormwater
System
Maintenance
The City performs annual cleaning of the concrete drainage
channels as well as the periodic inspections of the inlets, junction
boxes, and stormwater 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. Bacteria may attach to
floatables, debris, sediment, and other materials. Refraining
from removing such materials could influence bacteria levels in
waterways. 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.
Streets
Division
December
2019
(and then
annually)
▪ Document annual cleaning and inspections of the City's
stormwater system.
▪ Continue periodic removal of trees from creeks to ensure
drainage ways and creeks are capable of conveying the
design flow.
BMP 5.3
Parks and Open
Space
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.
Parks and
Recreation
Department
December
2019
(and then
annually)
▪ Remove trash on Wednesday and brush on Saturday of
each week, or more frequently as necessary.
BMP 5.4
Wastewater
Collection
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.
Utilities
Operation
Division
December
2019
(and then
annually)
▪ Annually clean and video sewer lines.
▪ Clean trouble spots on a monthly basis.
BMP 5.5
Fleet and Building
Maintenance
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.
Facilities
Management
December
2019
(and then
annually)
▪ Conduct and document on-going operations and
maintenance of all buildings, permanent structures, parking
lots, and storage yards.
41 City of Coppell
Stormwater Management Program
July 2019
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
BMP 5.6
Fleet and Building
Maintenance-
Service Center
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 Fleet Building
and Fire Station No. 2 are double-walled construction with vapor
recovery systems.
Facilities
Management
December
2019
(and then
annually)
▪ Document any spills and operator's response to the spill.
BMP 5.7
Parks and Open
Space Vegetation
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
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.
Parks and
Recreation
Department
December
2019
(and then
annually)
▪ Document times of vegetation seeding and maintenance.
BMP 5.8
Parks and Open
Space Pest
Management
The City uses integrated pest management, where appropriate,
so that the use of pesticides can be limited. Parks and
Recreation
Department
December
2019
(and then
annually)
▪ Document any instances in which pesticides were used.
BMP 5.9
Program to
Reduce or
Eliminate Polluted
Runoff from
Municipal
Operations
The City will continue the development and revision of the list of
municipal facilities and operations that may contribute significant
pollutants to the stormwater 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.
City Engineer December
2019
▪ Review list of municipal facilities and operations that may
contribute significant pollutants to the stormwater system
and update, as necessary.
Director of
Parks and
Recreation,
City Engineer
December
2020
▪ Evaluate the existing pollution prevention practices,
maintenance procedures, and other practices for municipal
operations. Identify any additional controls that need to be
implemented.
Director of
Parks and
Recreation,
City Engineer
December
2021-
2023
▪ Continue to implement the pollution prevention plans for
municipal operations.
42 City of Coppell
Stormwater Management Program
July 2019
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
*BMP 5.10
Training Program
The City has developed a training program for applicable
employees associated with park maintenance, fleet and building
maintenance, new construction, facilities maintenance, and
stormwater maintenance. The training program includes training
materials directed at preventing and reducing stormwater
pollution from municipal operations. The City will continue to train
applicable employees, to 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. As resources are available, the training
program will include educational material developed by NCTCOG
and stakeholders regarding bacterial discharges, as mentioned in
Implementation Plan for Twenty-One Total Maximum Daily Loads
for Bacteria in the Greater Trinity River Region, also referred to as
"Implementation Plan" or "I-Plan".
City Engineer,
Parks
Department
December
2019
(and then
annually)
▪ Continue to implement the employee training program on
pollution prevention and good housekeeping.
▪ Document employee training attendance and
materials distributed.
▪ Participate in NCTCOG and other applicable
stakeholder training opportunities on pollution
prevention and good housekeeping annually.
▪ Hold at least two City staff meetings per year to
discuss stormwater pollution prevention.
▪ Continue to and post pollution prevention/good
housekeeping signs at maintenance facilities and
yards.
BMP 5.11
Structural Control
Maintenance
Coppell will update the list of existing pollution prevention
structural controls, written maintenance activities, maintenance
schedules, and long-term inspection procedures for these
structural controls as needed. The program includes
procedures for the proper disposal of waste removed from the
structural controls and collected as a result of municipal
operations and activities.
City Engineer December
2019
(and then
annually)
▪ Evaluate and update the list of existing pollution prevention
structural controls, maintenance activities, maintenance
schedules, and long-term inspection procedures as needed.
+BMP 5.12
Requirements for
Contractors Hired
by the City
Contractors hired by the City of Coppell are required to comply
with operating procedures. As such, the City will maintain
contractor oversight procedures.
City Engineer,
Parks
Department
December
2019
(and then
annually)
▪ Maintain contractor oversight procedures.
▪ Document and publicize the required operating procedures
for hired contractors and the contractor oversight
procedures.
▪ Implement the contractor oversight procedures to enforce
the required operating procedures for hired contractors.
See BMP 1.5
Removal and
Proper Disposal of
Animal Feces
Refer to referenced BMP for specific details. N/A N/A ▪ N/A
43 City of Coppell
Stormwater Management Program
July 2019
Table 7 - Summary of T argeted Controls
Targeted Controls
Best Management
Practices
BMP Description Responsibility Implementation
Schedule
Measurable Goals
*BMP 1.5
Removal and
Proper Disposal of
Animal Feces
The Parks and Recreation Department posts ordinance signs
associated with the removal and proper disposal of animal feces
in the City’s public parks.
Parks and
Recreation
Department
Year 1 - 5 ▪ Maintain ordinance signs.
▪ Document number of complaints regarding animal feces in
public parks.
*+BMP 1.12
Bacteria-Specific
Public Education
According to TCEQ's Implementation Plan for Seventeen Total
Maximum Daily Loads for Bacteria in the Greater Trinity River
Region, "as funding is available, NCTCOG and stakeholders will
develop or expand the availability of more bacteria-specific public
education materials to RSWMP participants." The City will review
the bacteria-specific public education materials developed by
NCTCOG and stakeholders, as necessary, for possible use in the
City.
Public Works
Office,
Community
Information
Officer
Year 1 - 5 ▪ Review bacteria-specific public education materials
developed by NCTCOG and stakeholders, as necessary, for
possible use in the City.
*BMP 2.3
Illicit Discharge
Ordinance
The City has developed an ordinance to effectively prohibit illicit
discharges and illegal dumping into the storm sewer system and
implements enforcement response procedures and penalties for
noncompliance. The ordinance authorizes access for municipal
employees to storm sewers on private property for inspection
and investigation purposes. If it is determined that any non-
stormwater discharges significantly contribute pollutants,
including bacteria, to the storm sewer system, the ordinance will
prohibit those non-stormwater discharges.
City Engineer Year 1 - 5 ▪ Continue to implement existing ordinances regarding
stormwater quality and pollution mitigation, including
bacteria.
City Engineer,
City Attorney
Year 2 ▪ Determine if any non-stormwater discharges are pollutants
and amend the Illicit Discharge Ordinance, as necessary.
City Engineer,
City Attorney
Year 2 ▪ Determine if any non-stormwater discharges are pollutants
and amend the Illicit Discharge Ordinance if necessary.
*+BMP 3.2
Site Inspections
The City has reviewed existing site inspection procedures and
established written procedures that contain appropriate
frequencies for inspection of construction stormwater BMPs as
well as procedures for record keeping of inspections and
compliance actions. The City will add inspection of portable
toilet facilities to the inspection requirements, in order to mitigate
possible bacteria discharge from construction site.
City Engineer Year 1 ▪ Continue implementation of the existing inspection program
▪ Document violations of the site inspection requirements and
any stop work orders given.
City Engineer Year 2 ▪ Add inspection of portable toilet facilities to the inspection
requirements, in order to mitigate possible bacteria
discharge from construction areas.
▪ Establish site inspection procedures for inspection of
construction stormwater BMPs.
City Engineer Year 3 - 5 ▪ Implement procedures for site inspection.
*+BMP 3.4
Minimize
Discharges from
Spills and Leaks
The developer is required to minimize the discharge of pollutants
from spills and leaks. As an alternative, the construction sit e may
develop a Stormwater Pollution Prevention Plan (SWPPP) in
accordance with the TPDES Construction General Permit TXR
150000. This will be monitored through the site inspections as
City Engineer Year 2 - 5 ▪ Document number of construction sites not in compliance
with BMP 3.4 upon inspection and any corrective action
taken.
44 City of Coppell
Stormwater Management Program
July 2019
Targeted Controls
Best Management
Practices
BMP Description Responsibility Implementation
Schedule
Measurable Goals
listed in BMP 3.2.
*+BMP 3.5
Prohibited Illicit
Discharges
As described in the TPDES General Permit TXR 040000
III.B.3.b.3, and to help mitigate bacteria discharges, construction
sites are prohibited from discharging the following:
a) Wastewater from washout of concrete and wastewater
from water well drilling operations, unless managed by
an appropriate control;
b) Wastewater from washout and cleanout of stucco, paint,
from release oils, and other construction materials;
c) Fuels, oils, or other pollutants used in vehicle and
equipment operation and maintenance; and,
d) Soaps or solvents used in vehicle and equipment
washing;
e) Discharges from dewatering activities, including
discharges from dewatering of trenches and
excavations, unless managed by appropriate BMPs.
City Engineer Year 2 - 5 ▪ Document the number of construction sites not in
compliance with BMP 3.5 upon site inspection and any
corrective action taken.
*BMP 4.1
Evaluate and
Update
Ordinances
The City will draft local criteria for management of new and
redevelopment. The City will review the Comprehensive Zoning
Ordinance, the Subdivision Ordinance, and the Floodplain
Ordinance. These ordinances may be amended to require
regulated development and redevelopment to comply with criteria
and standards to ensure proper long-term operation and
maintenance of structural BMPs.
City Engineer Year 1 ▪ Review applicable ordinances.
City Engineer Year 2 ▪ Draft design criteria and standards for engineering,
planning, and administration, as needed.
City Engineer,
Legal
Year 3 ▪ Amend ordinances to require long-term maintenance of
post-construction stormwater management BMPs, as
needed.
City Engineer Year 4 - 5 ▪ Implement and enforce all applicable post-construction
stormwater management criteria and standards. Document
and maintain records of enforcement actions.
*+BMP 4.3
Structural and
Non-structural
BMPs
The City shall establish, implement, and enforce a requirement
that owners or operators of new development and redeveloped
sites design, install, implement, and maintain a combination of
structural and non-structural BMPs appropriate for the community
and that protect water quality and reduce bacterial discharges.
City Engineer Year 3 ▪ Establish structural and non-structural BMP requirements,
which protect water quality, for owners or operators of newly
developed or redeveloped sites.
Year 4 - 5 ▪ Implement and enforce the structural and non-structural
BMPs requirement which protect water quality.
Year 4 - 5 ▪ Implement and enforce the structural and non-structural
BMPs requirement which protect water quality.
*BMP 5.2
Stormwater
The City performs annual cleaning of the concrete drainage
channels as well as the periodic inspections of the inlets, junction
boxes and stormwater outfalls to ensure that the system is free
Streets
Division
Year 1 - 5 ▪ Document annual cleaning and inspections of The City's
stormwater system.
45 City of Coppell
Stormwater Management Program
July 2019
Targeted Controls
Best Management
Practices
BMP Description Responsibility Implementation
Schedule
Measurable Goals
System
Maintenance
and clear of sediment and floatables as well as to ensure that the
system is intact and operating properly. Bacteria may attach to
floatables, debris, sediment, and other materials. Refraining to
remove such materials could influence bacteria levels in
waterways. 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.
▪ Continue periodic removal of trees from creeks to ensure
drainage ways and creeks are capable of conveying the
design flow.
*BMP 5.10
Training Program
The City has developed a training program for applicable
employees associated with park maintenance, fleet and building
maintenance, new construction, facilities maintenance, and
stormwater maintenance. The training program includes training
materials directed at preventing and reducing stormwater
pollution from municipal operations. The City will continue to train
applicable employees, to 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. As resources are available, the training
program will include educational material developed by NCTCOG
and stakeholders regarding bacterial discharges, as mentioned in
Implementation Plan for Seventeen Total Maximum Daily Loads
for Bacteria in the Greater Trinity River Region, also referred to
as "Implementation Plan" or "I-Plan".
City Engineer,
Parks
Department
Year 1 - 5 ▪ Continue to implement the employee training program on
pollution prevention and good housekeeping.
▪ Document employee training sessions and materials
distributed.
City of Coppell
Stormwater Management Program
July 2019
APPENDIX A
Area of Involvement Map
City of Coppell
Stormwater Management Program
July 2019
APPENDIX B
Storm Sewer Map
City of Coppell
Stormwater Management Program
July 2019
APPENDIX C
Interlocal Agreement
City of Coppell
Stormwater Management Program
July 2019
APPENDIX D
Resolution to Adopt the SWMP
City of Coppell
Stormwater Management Program
July 2019
APPENDIX E
TPDES General Permit
Small MS4 General Permit TPDES General Permit TXR040000
Page 2
TCEQ GENERAL PERMIT NUMBER TXR040000
RELATING TO DISCHARGES FROM
SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS
Table of Contents
Part I. Definitions ................................................................................................................... 6
Part II. Permit Applicability and Coverage ........................................................................... 13
Section A. Small MS4s Eligible for Authorization under this General Permit ............... 13
1. Small MS4s Located in an Urbanized Area .............................................................. 13
2. Designated Small MS4s ............................................................................................ 13
3. Operators of Previously Permitted Small MS4s ....................................................... 13
4. Regulated Portion of Small MS4 .............................................................................. 13
5. Categories of Regulated Small MS4s ........................................................................ 13
Section B. Available Waivers from Coverage .................................................................. 14
1. Waiver Option 1: ....................................................................................................... 15
2. Waiver Option 2: ....................................................................................................... 15
Section C. Allowable Non-Stormwater Discharges ......................................................... 16
Section D. Limitations on Permit Coverage .................................................................... 16
1. Discharges Authorized by Another TPDES Permit .................................................. 16
2. Discharges of Stormwater Mixed with Non-Stormwater ......................................... 17
3. Compliance with Water Quality Standards .............................................................. 17
4. Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements .. 17
5. Discharges to the Edwards Aquifer Recharge Zone ................................................. 21
6. Discharges to Specific Watersheds and Water Quality Areas .................................. 22
7. Protection of Streams and Watersheds by Home Rule Municipalities .................... 22
8. Indian Country Lands ............................................................................................... 22
9. Endangered Species Act ............................................................................................ 22
10. Other ......................................................................................................................... 23
Section E. Obtaining Authorization ................................................................................ 23
1. Application for Coverage .......................................................................................... 23
2. Late Submission of the NOI and SWMP .................................................................. 24
3. SWMP General Requirements .................................................................................. 24
4. SWMP Review ........................................................................................................... 24
5. SWMP Updates Required by TCEQ .......................................................................... 24
6. SWMP Updates ......................................................................................................... 25
Small MS4 General Permit TPDES General Permit TXR040000
Page 3
7. Transfer of Ownership, Operational Authority, or Responsibility for SWMP
Implementation ........................................................................................................ 26
8. Contents of the NOI .................................................................................................. 27
9. Notice of Change (NOC) ........................................................................................... 28
10. Change in Operational Control of a Small MS4 ........................................................ 28
11. Notice of Termination (NOT) ................................................................................... 28
12. Signatory Requirement for NOI, NOT, NOC, and Waiver Forms ............................ 28
13. Fees ........................................................................................................................... 28
14. Permit Expiration ..................................................................................................... 29
15. Suspension of Permit Coverage ................................................................................ 29
16. Public Notice Process for NOI submittal .................................................................. 29
Section F. Permitting Options ......................................................................................... 31
1. Authorization Under the General Permit ................................................................. 31
2. Alternative Coverage under an Individual TPDES Permit ....................................... 31
Part III. Stormwater Management Program (SWMP) ............................................................ 32
Section A. Developing a Stormwater Management Program (SWMP) ........................... 32
1. SWMP Development and Schedule .......................................................................... 32
2. Content of the SWMP ............................................................................................... 33
3. Legal Authority ......................................................................................................... 33
4. Resources .................................................................................................................. 34
5. Effluent Limitations .................................................................................................. 34
6. Enforcement Measures ............................................................................................. 34
Section B. Minimum Control Measures .......................................................................... 35
1. Public Education, Outreach, and Involvement ......................................................... 35
2. Illicit Discharge Detection and Elimination (IDDE) ................................................ 36
3. Construction Site Stormwater Runoff Control ........................................................ 40
4. Post Construction Stormwater Management in New Development and
Redevelopment ......................................................................................................... 43
5. Pollution Prevention and Good Housekeeping for Municipal Operations .............. 44
6. Industrial Stormwater Sources ................................................................................. 50
7. Authorization for Construction Activities where the Small MS4 is the Site
Operator .................................................................................................................... 50
Section C. General Requirements ................................................................................... 51
Part IV. Recordkeeping and Reporting .................................................................................. 52
Small MS4 General Permit TPDES General Permit TXR040000
Page 4
Section A. Recordkeeping................................................................................................ 52
Section B. Reporting ........................................................................................................ 52
1. General Reporting Requirements ............................................................................. 52
2. Annual Report ........................................................................................................... 53
Part V. Standard Permit Conditions ..................................................................................... 54
Part VI. Authorization for Municipal Construction Activities – Applicable only if the 7th
Optional MCM is selected ......................................................................................... 56
Section A. Eligible Construction Sites ............................................................................. 56
Section B. Discharges Eligible for Authorization ............................................................ 56
1. Stormwater Associated with Construction Activity .................................................. 56
2. Discharges of Stormwater Associated with Construction Support Activities .......... 56
3. Non-Stormwater Discharges .................................................................................... 57
4. Other Permitted Discharges ..................................................................................... 57
Section C. Limitations on Permit Coverage .................................................................... 57
Section D. Stormwater Pollution Prevention Plan (SWP3) Requirements ..................... 58
Section E. Stormwater Runoff from Concrete Batch Plants ........................................... 58
1. Benchmark Sampling Requirements ........................................................................ 58
2. BMPs and SWP3 Requirements .............................................................................. 60
3. Prohibition of Wastewater Discharges ..................................................................... 62
4. Concrete Truck Wash Out Requirements ................................................................. 62
Section F. Effective Date of Coverage ............................................................................. 63
Section G. Deadlines for SWP3 Preparation and Compliance ........................................ 63
Section H. Plan Review and Making Plans Available ...................................................... 63
Section I. Keeping Plans Current ................................................................................... 63
Section J. Contents of SWP3 .......................................................................................... 64
1. Site Description ......................................................................................................... 64
2. Structural and non-structural controls ..................................................................... 65
3. Stabilization Practices ............................................................................................... 65
4. Structural Control Practices ..................................................................................... 66
5. Permanent Stormwater Controls .............................................................................. 67
6. Other Controls .......................................................................................................... 67
7. Effluent Limits .......................................................................................................... 67
8. Approved State and Local Plans ............................................................................... 67
9. Maintenance ............................................................................................................. 67
Small MS4 General Permit TPDES General Permit TXR040000
Page 5
10. Inspections of Controls ............................................................................................. 67
11. Pollution Prevention Measures................................................................................. 69
Section K. Additional Retention of Records .................................................................... 69
Small MS4 General Permit TPDES General Permit TXR040000 Part I
Page 6
Part I. Definitions
Arid Areas - Areas with an average annual rainfall of less than ten (10) inches.
Benchmarks – A benchmark pollutant value is a guidance level indicator that helps determine
the effectiveness of chosen best management practices (BMPs). This type of monitoring differs
from “compliance monitoring” in that exceedances of the indicator or benchmark level are not
permit violations, but rather indicators that can help identify problems at the MS4 with exposed
or unidentified pollutant sources; or control measures that are either not working correctly,
whose effectiveness need to be re-considered, or that need to be supplemented with additional
BMP(s).
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.
Catch basins - Storm drain inlets and curb inlets to the storm drain system. Catch basins
typically include a grate or curb inlet that may accumulate sediment, debris, and other
pollutants.
Classified Segment - A water body that is listed and described in Appendix A or Appendix C
of the Texas Surface Water Quality Standards, at 30 Texas Administrative Code (TAC) § 307.10.
Clean Water Act (CWA) - 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 Activity - Soil disturbance, including clearing, grading, excavating, and other
construction related activities (e.g., stockpiling of fill material and demolition); and not
including routine maintenance that is performed to maintain the original line and grade,
hydraulic capacity, or original purpose of the site (e.g., the routine grading of existing dirt roads,
asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and similar
maintenance activities). Regulated construction activity is defined in terms of small and large
construction activity.
Small Construction Activity is construction activity that results in land disturbance of
equal to or greater than one (1) acre and less than five (5) acres of land. Small construction
activity also includes the disturbance of less than one (1) acre of total land area that is part
of a larger common plan of development or sale if the larger common plan will ultimately
disturb equal to or greater than one (1) and less than five (5) acres of land.
Large Construction Activity is construction activity that results 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.
Small MS4 General Permit TPDES General Permit TXR040000 Part I
Page 7
Construction Site Operator - The entity or entities associated with a small or large
construction project that meet(s) either of the following two criteria:
(a) The entity or entities 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 entity or entities that have day-to-day operational control of those activities at a
construction site that are necessary to ensure compliance with a stormwater pollution
prevention plan (SWP3) for the site or other permit conditions (for example they are
authorized to direct workers at a site to carry out activities required by the SWP3 or
comply with other permit conditions).
Control Measure - Any BMP or other method used to prevent or reduce the discharge of
pollutants to water in the state.
Conveyance - Curbs, gutters, man-made channels and ditches, drains, pipes, and other
constructed features designed or used for flood control or to otherwise transport stormwater
runoff.
Discharge – When used without a qualifier, refers to the discharge of stormwater runoff or
certain non-stormwater discharges as allowed under the authorization of this general permit.
Edwards Aquifer - As defined in 30 TAC §213.3 (relating to the Edwards Aquifer), that
portion of an arcuate belt of porous, water-bearing, predominantly carbonate rocks known as
the Edwards and Associated Limestones in the Balcones Fault Zone trending from west to east
to northeast in Kinney, Uvalde, Medina, Bexar, Comal, Hays, Travis, and Williamson Counties;
and composed of the Salmon Peak Limestone, McKnight Formation, West Nueces Formation,
Devil’s River Limestone, Person Formation, Kainer Formation, Edwards Formation, and
Georgetown Formation. The permeable aquifer units generally overlie the less-permeable Glen
Rose Formation to the south, overlie the less-permeable Comanche Peak and Walnut
Formations north of the Colorado River, and underlie the less-permeable Del Rio Clay
regionally.
Edwards Aquifer Recharge Zone - Generally, that area where the stratigraphic units
constituting the Edwards Aquifer crop out, including the outcrops of other geologic formations
in proximity to the Edwards Aquifer, where caves, sinkholes, faults, fractures, or other
permeable features would create a potential for recharge of surface waters into the Edwards
Aquifer. The recharge zone is identified as that area designated as such on official maps located
in the offices of the TCEQ or the TCEQ website.
Final Stabilization - A construction site where any of the following conditions are met:
(a) All soil disturbing activities at the site have been completed and a uniform (for
example, evenly distributed, without large bare areas) perennial vegetative cover with a
density of 70 percent of the native background vegetative cover for the area has been
established on all unpaved areas and areas not covered by permanent structures, or
equivalent permanent stabilization measures (such as the use of riprap, gabions, or
geotextiles) have been employed.
(b) For individual lots in a residential construction site by either:
(1) The homebuilder completing final stabilization as specified in condition (a) above;
or
(2) The homebuilder establishing temporary stabilization for an individual lot prior to
the time of transfer of the ownership of the home to the buyer and after informing
the homeowner of the need for, and benefits of, final stabilization.
Small MS4 General Permit TPDES General Permit TXR040000 Part I
Page 8
(c) For construction activities on land used for agricultural purposes (for example
pipelines across crop or range land), final stabilization may be accomplished by
returning the disturbed land to its preconstruction agricultural use. Areas disturbed
that were not previously used for agricultural activities, such as buffer strips
immediately adjacent to 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.
(d) In arid, semi-arid, and drought-stricken areas only, all soil disturbing activities at the
site have been completed and both of the following criteria have been met:
(1) Temporary erosion control measures (e.g., degradable rolled erosion control
product) are selected, designed, and installed along with an appropriate seed base
to provide erosion control for at least three years without active maintenance by
the operator, and
(2) The temporary erosion control measures are selected, designed, and installed to
achieve 70 percent vegetative coverage within three years.
General Permit - A permit issued to authorize the discharge of waste into or adjacent to water
in the state for one or more categories of waste discharge within a geographical area of the state
or the entire state as provided by Texas Water Code (TWC) §26.040.
Groundwater 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.
High Priority Facilities - High priority facilities are facilities with a high potential to generate
stormwater pollutants. These facilities must include, at a minimum, the MS4 operator’s
maintenance yards, hazardous waste facilities, fuel storage locations, and other facilities where
chemicals or other materials have a high potential to be discharged in stormwater. Among the
factors that must be considered when giving a facility a high priority ranking are: the amount of
urban pollutants stored at the site, the identification of improperly stored materials, activities
that must not be performed outside (for example, changing automotive fluids, vehicle washing),
proximity to waterbodies, proximity to sensitive aquifer recharge features, poor housekeeping
practices, and discharge of pollutant(s) of concern to impaired water(s).
Hyperchlorinated Water – Water resulting from hyperchlorination of waterlines or vessels,
with a chlorine concentration greater than 10 milligrams per liter (mg/L).
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 stormwater, except discharges pursuant to this general permit or a separate
authorization and discharges resulting from emergency fire fighting activities.
Impaired Water - A surface water body that is identified as impaired on the latest approved
CWA §303(d) List or waters with an EPA approved or established TMDL that are found on the
latest EPA approved Texas Integrated Report of Surface Water Quality for CWA Sections
305(b) and 303(d) which lists the category 4 and 5 water bodies.
Implementation Plan (I-Plan) – A detailed plan of action that describes the measures or
activities necessary to achieve the pollutant reductions identified in the total maximum daily
load (TMDL).
Indian Country - Defined in 18 USC § 1151 as: (a) All land within the limits of any Indian
reservation under the jurisdiction of the United States (U.S.) Government, notwithstanding the
Small MS4 General Permit TPDES General Permit TXR040000 Part I
Page 9
issuance of any patent, and including rights-of-way running through the reservation; (b) All
dependent Indian communities within the borders of the U.S. 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.
Indicator Pollutant - An easily measured pollutant, that may or may not impact water quality
that indicates the presence of other stormwater pollutants.
Industrial Activity - Any of the ten (10) categories of industrial activities included in the
definition of “stormwater discharges associated with industrial activity” as defined in 40 Code of
Federal Regulations (CFR) §122.26(b)(14)(i)-(ix) and (xi).
Infeasible - For the purpose of this permit, infeasible means not technologically possible, or
not economically practicable and achievable in light of best industry practices. The TCEQ notes
that it does not intend for any small MS4 permit requirement to conflict with state water right
laws.
Maximum Extent Practicable (MEP) - The technology-based discharge standard for
municipal separate storm sewer systems (MS4s) to reduce pollutants in stormwater discharges
that was established by the CWA § 402(p). A discussion of MEP as it applies to small MS4s is
found in 40 CFR § 122.34.
MS4 Operator - For the purpose of this permit, the public entity 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.
Municipal Separate Storm Sewer System (MS4) - A conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains):
(a) Owned or operated by the U.S., a state, city, town, borough, county, parish, district,
association, or other public body (created by or pursuant to state law) having jurisdiction
over the disposal of sewage, industrial wastes, stormwater, 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 the CWA §208 that discharges
to surface water in the state;
(b) That is designed or used for collecting or conveying stormwater;
(c) That is not a combined sewer; and
(d) That is not part of a publicly owned treatment works (POTW) as defined in 40 CFR
§122.2.
Non-traditional Small MS4 - A small MS4 that often cannot pass ordinances and may not
have the enforcement authority like a traditional small MS4 would have to enforce the
stormwater management program. Examples of non-traditional small MS4s include counties,
transportation authorities (including the Texas Department of Transportation), municipal utility
districts, drainage districts, military bases, prisons and universities.
Notice of Change (NOC) - A 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.
Small MS4 General Permit TPDES General Permit TXR040000 Part I
Page 10
Notice of Intent (NOI) - 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 - A point source at the point where a small MS4 discharges to waters of the 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. For the purpose of this permit, sheet flow leaving
a linear transportation system without channelization is not considered an outfall. Point sources
such as curb cuts; traffic or right-or-way barriers with drainage slots that drain into open
culverts, open swales or an adjacent property, or otherwise not actually discharging into waters
of the U.S. are not considered an outfall.
Permittee - The MS4 operator authorized under this general permit.
Point Source - (from 40 CFR § 122.22) 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 stormwater runoff.
Pollutant(s) of Concern – For the purpose of this permit, includes biochemical oxygen
demand (BOD), sediment or a parameter that addresses sediment (such as total suspended
solids (TSS), 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 § 122.32(e)(3)).
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, routine maintenance activities, and
linear utility installation.
Semiarid Areas - Areas with an average annual rainfall of at least ten (10) inches, but less
than 20 inches.
Small Municipal Separate Storm Sewer System (MS4) – A conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains):
(a) Owned or operated by the U.S., 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, stormwater, 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 CWA § 208;
(b) Designed or used for collecting or conveying stormwater;
(c) Which is not a combined sewer;
(d) Which is not part of a POTW as defined in 40 CFR § 122.2; and
(e) Which was not previously regulated under a National Pollutant Discharge Elimination
System (NPDES) or a Texas Pollutant Discharge Elimination System (TPDES)
Small MS4 General Permit TPDES General Permit TXR040000 Part I
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individual permit as a medium or large municipal separate storm sewer system, as
defined in 40 CFR §§122.26(b)(4) and (b)(7).
This term includes systems similar to separate storm sewer systems at military bases, large
hospitals 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 a small MS4 that is also operated by that public entity.
Stormwater and Stormwater Runoff - Rainfall runoff, snow melt runoff, and surface
runoff and drainage.
Stormwater Associated with Construction Activity - Stormwater runoff from an area
where there is either a large construction or a small construction activity.
Stormwater 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 stormwater
runoff. Structural controls and practices may include but are not limited to: wet ponds,
bioretention, infiltration basins, stormwater 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,
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.
Traditional Small MS4 - A small MS4 that can pass ordinances and have the enforcement
authority to enforce the stormwater management program. An example of traditional MS4s
includes cities.
Urbanized Area (UA) - An area of high population density that may include multiple small
MS4s as defined and used by the U.S. Census Bureau in the 2000 and the 2010 Decennial
Census.
Waters of the United States - (According to 40 CFR § 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;
Small MS4 General Permit TPDES General Permit TXR040000 Part I
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(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
(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 of the CWA are not waters of the U.S. This exclusion applies only to manmade
bodies of water which neither were originally created in waters of the U.S. (such as disposal area
in wetlands) nor resulted from the impoundment of waters of the U.S. Waters of the U.S. 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 CWA, the final
authority regarding the CWA jurisdiction remains with the EPA.
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section A
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Part II. Permit Applicability and Coverage
This general permit provides authorization for stormwater and certain non-stormwater
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.
Section A. Small MS4s Eligible for Authorization under this General Permit
Discharges from a small MS4 must be authorized if any of the following criteria are met and
may be authorized under this general permit if coverage is not otherwise prohibited.
1. Small MS4s Located in an Urbanized Area
Operators of small MS4s that are fully or partially located within an urbanized area (UA), as
determined by the 2000 or 2010 Decennial Censuses by the U.S. Census Bureau, must
obtain authorization for the discharge of stormwater runoff and are eligible for coverage
under this general permit unless otherwise prohibited.
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 § 122.32(a)(2) or 40 CFR § 122.26(a)(1)(v) and
adopted by reference in Title 30, TAC § 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 stormwater permit
within 180 days of notification of their designation.
3. Operators of Previously Permitted Small MS4s
Operators of small MS4s that were covered under the previous TPDES general permit for
small MS4s (TXR040000, issued and effective on December 13, 2013) must reapply for
permit coverage, or must obtain a waiver if applicable (see Part II.B, related to Obtaining a
Waiver.)
4. Regulated Portion of Small MS4
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 UA as defined and used by the U.S. Census
Bureau in the 2000 or 2010 Censuses, as well as any portion of the small MS4 that is
designated by TCEQ.
For the purpose of this permit, the regulated portion of a small MS4 for a transportation
entity is the land owned by the permittee within the UA which functions as, or is integral to
a transportation system with drainage conveyance. Non-contiguous property that does not
drain into the transportation drainage system is not subject to this general permit.
5. Categories of Regulated Small MS4s
This permit defines MS4 operators by the following categories, or levels, based on the
population served within the 2010 UA. The level of a small MS4 may change during the
permit term based on the MS4 operator acquiring or giving up regulated area, such as by
annexing land or if land is annexed away. However, the level of a small MS4 will not change
during the permit term based on population fluctuation.
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section B
Page 14
The level of an MS4 is based on most the recent Decennial Census at the time of permit
issuance. A national Census held during a permit term will not affect the level of an MS4
until the next permit renewal.
(a) Level 1: Operators of traditional small MS4s that serve a population of less than 10,000
within a UA;
(b) Level 2: Operators of traditional small MS4s that serve a population of at least 10,000
but less than 40,000 within a UA. This category also includes all non-traditional small
MS4s such as counties, drainage districts, transportation entities, military bases,
universities, colleges, correctional institutions, municipal utility districts and other
special districts regardless of population served within the UA, unless the non-
traditional MS4 can demonstrate that it meets the criteria for a waiver from permit
coverage based on the population served;
(c) Level 3: Operators of traditional small MS4s that serve a population of at least 40,000
but less than 100,000 within a UA;
(d) Level 4: Operators of traditional small MS4s that serve a population of 100,000 or
more within a UA.
For the purpose of this section “serve a population” means the residential population within
the regulated portion of the small MS4 based on the 2010 Census, except for non-traditional
small MS4s listed in (b) above.
Section B. Available Waivers from Coverage
The TCEQ may waive permitting requirements for small regulated MS4 operators if the
criteria are met for Waiver Option 1 or 2 below. To obtain Waiver Option 1, the MS4
operator must submit the request on a waiver form provided by the executive director, or,
starting from December 21, 2020, complete the form electronically via the online e-
permitting system available through the TCEQ website.
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 30 days after an administratively complete waiver form is
postmarked for delivery to the TCEQ, or starting from December 21, 2020, complete the
form electronically via the online e-permitting system available through the TCEQ website.
Following review of the waiver form, the executive director may:(1) Determine that the
waiver form is technically complete and approve 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 a 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.
At any time the TCEQ may 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.
At any time the TCEQ can request to review any waivers granted to MS4 operators to
determine whether any of the information required for granting the waiver has changed. At
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a minimum TCEQ will review all waivers when MS4 operators submit their renewal waiver
applications.
For the purpose of obtaining a waiver, the population served refers to the residential
population for traditional small MS4s and for certain non-traditional small MS4s with a
residential population (such as counties and municipal utility districts). For other non-
traditional small MS4s, the population served refers to the number of people using the small
MS4 on an average operational day.
Effective December 21, 2020, applicants must submit a waiver using the online e-permitting
system available through the TCEQ website, or request and obtain a waiver from electronic
reporting from the TCEQ. Waivers from electronic reporting are not transferrable and
expire on the same date as the authorization.
1. Waiver Option 1:
The small MS4 serves a population of less than 1,000 within a UA and meets the following
criteria:
(a) The small MS4 is not contributing substantially to the pollutant loadings of a physically
interconnected MS4 that is regulated by the NPDES / TPDES stormwater program (40
CFR § 122.32(d)); and
(b) If the small MS4 discharges any pollutant(s) that have been identified as a cause of
impairment of any water body to which the small MS4 discharges, stormwater controls
are not needed based on wasteload allocations that are part of an EPA approved or
established TMDL that addresses the pollutant(s) of concern.
2. Waiver Option 2:
The small MS4 serves a population under 10,000 within a UA and meets the following
criteria:
(a) The TCEQ has evaluated all waters of the U.S., 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 stormwater 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.
(d) For the purpose of this paragraph (2.), the 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 the small MS4.
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section C
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Section C. Allowable Non-Stormwater Discharges
The following non-stormwater 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, or they are otherwise prohibited by
the MS4 operator:
1. Water line flushing (excluding discharges of hyperchlorinated 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 that do not violate Texas Surface Water Quality
Standards;
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 that do not violate Texas Surface Water
Quality Standards;
14. Street wash water excluding street sweeper waste water;
15. Discharges or flows from emergency 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-stormwater discharges listed in 40 CFR § 122.26(d)(2)(iv)(B)(1);
17. Non-stormwater discharges that are specifically listed in the TPDES Multi Sector
General Permit (MSGP) TXR050000 or the TPDES Construction General Permit
(CGP) TXR150000;
18. Discharges that are authorized by a TPDES or NPDES permit or that are not required
to be permitted; and
19. Other similar occasional incidental non-stormwater discharges such as spray park
water, unless the TCEQ develops permits or regulations addressing these discharges.
Section D. Limitations on Permit Coverage
1. 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:
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D
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(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 TAC Chapter 205 considerations and
requirements, or other site-specific considerations.
2. Discharges of Stormwater Mixed with Non-Stormwater
Stormwater discharges that combine with sources of non-stormwater are not eligible for
coverage by this general permit, unless either the non-stormwater source is described in
Part II.C of this general permit or the non-stormwater source is authorized under a separate
TPDES permit.
3. Compliance with Water Quality Standards
Discharges to surface water in the state that would cause, has the reasonable potential to
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
except as described in Part II.D.4 below. 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 has the
reasonable potential to cause, or contribute to, a violation of water quality standards or is
found to cause, have the reasonable potential 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 based on factors described in Part II.F.2.
4. Impaired Water Bodies and Total Maximum Daily Load (TMDL)
Requirements
Discharges of the pollutant(s) of concern to impaired water bodies for which there is a
TCEQ and EPA approved TMDL are not eligible for this general permit unless they are
consistent with the approved TMDL. A water body is impaired for purposes of the permit if
it has been identified, pursuant to the latest TCEQ and EPA approved CWA §303(d) list or
the Texas Integrated Report of Surface Water Quality for CWA Sections 305(b) and 303(d)
which lists the category 4 and 5 water bodies, as not meeting Texas Surface Water Quality
Standards.
The permittee shall check annually, in conjunction with preparation of the annual report,
whether an impaired water within its permitted area has been added to the latest EPA
approved 303(d) list or the Texas Integrated Report of Surface Water Quality for CWA
Sections 305(b) and 303(d) which lists the category 4 and 5 water bodies. Within two years
following the approval date of the new list(s) of impaired waters, the permittee shall comply
with the requirements of Part II.D.4.(b) (with the exception of (b)(1)c), and shall identify
any newly listed waters in the annual report (consistent with Part IV.B.2.f) and SWMP
(consistent with Part III.A.2.f).
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D
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The permittee shall control the discharges of pollutant(s) of concern to impaired waters and
waters with approved TMDLs as provided in sections (a) and (b) below, and shall assess the
progress in controlling those pollutants.
(a) Discharges to Water Quality Impaired Water Bodies with an Approved TMDL
If the small MS4 discharges to an impaired water body with an approved TMDL, where
stormwater has the potential to cause or contribute to the impairment, the permittee
shall include in the SWMP controls targeting the pollutant(s) of concern along with any
additional or modified controls required in the TMDL and this section.
The SWMP and required annual reports must include information on implementing
any targeted controls required to reduce the pollutant(s) of concern as described below:
(1) Targeted Controls
The SWMP must include a detailed description of all targeted controls to be
implemented, such as identifying areas of focused effort or implementing
additional Best Management Practices (BMPs) to reduce the pollutant(s) of
concern in the impaired waters.
(2) Measurable Goals
For each targeted control, the SWMP must include a measurable goal and an
implementation schedule describing BMPs to be implemented during each year of
the permit term.
(3) Identification of Benchmarks
The SWMP must identify a benchmark for the pollutant(s) of concern.
Benchmarks are designed to assist in determining if the BMPs established are
effective in addressing the pollutant(s) of concern in stormwater discharge(s) from
the MS4 to the maximum extent practicable (MEP). The BMPs addressing the
pollutant of concern must be re-evaluated on an annual basis for progress towards
the benchmarks and modified as necessary within an adaptive management
framework. These benchmarks are not numeric effluent limitations or permit
conditions but intended to be guidelines for evaluating progress towards reducing
pollutant discharges consistent with the benchmarks. The exceedance of a
benchmark is not a permit violation and does not in itself indicate a violation of
instream water quality standards.
The benchmark must be determined based on one of the following options:
a. If the MS4 is subject to a TMDL that identifies a Waste Load Allocation(s)
(WLA) for permitted MS4 stormwater sources, then the SWMP may identify it
as the benchmark. Where an aggregate allocation is used as a benchmark, all
affected MS4 operators are jointly responsible for progress in meeting the
benchmark and shall (jointly or individually) develop a
monitoring/assessment plan as required in Part II.D.4(a)(6).
b. Alternatively, if multiple small MS4s are discharging into the same impaired
water body with an approved TMDL, with an aggregate WLA for all permitted
stormwater MS4s, then the MS4s may combine or share efforts to determine
an alternative sub-benchmark value for the pollutant(s) of concern (e.g.,
bacteria) for their respective MS4. The SWMP must clearly define this
alternative approach and must describe how the sub-benchmark value would
cumulatively support the aggregate WLA. Where an aggregate benchmark has
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D
Page 19
been broken into sub-benchmark values for individual MS4s, each permittee is
only responsible for progress in meeting its sub-benchmark value.
(4) Annual Report
The annual report must include an analysis of how the selected BMPs will be
effective in contributing to achieving the benchmark value.
(5) Impairment for Bacteria
If the pollutant of concern is bacteria, the permittee shall implement BMPs
addressing the below areas, as applicable, in the SWMP and implement as
appropriate. If a TMDL Implementation Plan (I-Plan) is available, the permittee
may refer to the I-Plan for appropriate BMPs. The SWMP and annual report must
include the selected BMPs. Permitees may not exclude BMPs associated with the
minimum control measures required under 40 CFR §122.34 from their list of
proposed BMPs. Proposed BMPs will be reviewed by the executive director during
the NOI and SWMP review and approval process.
The BMPs shall, as appropriate, address the following:
a. Sanitary Sewer Systems
(i) Make improvements to sanitary sewers to reduce overflows;
(ii) Address lift station inadequacies;
(iii) Improve reporting of overflows; and
(iv) Strengthen sanitary sewer use requirements to reduce blockage from fats,
oils, and grease.
b. On-site Sewage Facilities (for entities with appropriate jurisdiction)
(i) Identify and address failing systems; and
(ii) Address inadequate maintenance of On-Site Sewage Facilities (OSSFs).
c. Illicit Discharges and Dumping
Place additional effort to reduce waste sources of bacteria; for example, from
septic systems, grease traps, and grit traps.
d. Animal Sources
Expand existing management programs to identify and target animal sources
such as zoos, pet waste, and horse stables.
e. Residential Education
Increase focus to educate residents on:
(i) Bacteria discharging from a residential site either during runoff events or
directly;
(ii) Fats, oils, and grease clogging sanitary sewer lines and resulting
overflows;
(iii) Maintenance and operation of decorative ponds; and
(iv) Proper disposal of pet waste.
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D
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(6) Monitoring or Assessment of Progress
The permittee shall develop a Monitoring/Assessment Plan to monitor or assess
progress in achieving benchmarks and determine the effectiveness of BMPs, and
shall include documentation of this monitoring or assessment in the SWMP and
annual reports. In addition, the SWMP must include methods to be used.
a. The permittee may use either of the following methods to evaluate progress
towards the benchmark and improvements in water quality in achieving the
water quality standards as follows:
(i) Evaluating Program Implementation Measures
The permittee may evaluate and report progress towards the benchmark
by describing the activities and BMPs implemented, by identifying the
appropriateness of the identified BMPs, and by evaluating the success of
implementing the measurable goals.
The permittee may assess progress by using program implementation
indicators such as: (1) number of sources identified or eliminated; (2)
decrease in number of illegal dumping; (3) increase in illegal dumping
reporting; (4) number of educational opportunities conducted; (5)
reductions in sanitary sewer flows (SSOs); or, (6) increase in illegal
discharge detection through dry screening, etc.; or
(ii) Assessing Improvements in Water Quality
The permittee may assess improvements in water quality by using
available data for segment and assessment units of water bodies from
other reliable sources, or by proposing and justifying a different approach
such as collecting additional instream or outfall monitoring data, etc. Data
may be acquired from TCEQ, local river authorities, partnerships, and/or
other local efforts as appropriate.
b. Progress towards achieving the benchmark shall be reported in the annual
report. Annual reports shall report the benchmark and the year(s) during the
permit term that the MS4 conducted additional sampling or other assessment
activities.
(7) Observing no Progress Towards the Benchmark
If, by the end of the third year from the effective date of the permit, the permittee
observes no progress toward the benchmark either from program implementation
or water quality assessments as described in Part II.D.4(a)(6), the permittee shall
identify alternative focused BMPs that address new or increased efforts towards
the benchmark or, as appropriate, shall develop a new approach to identify the
most significant sources of the pollutant(s) of concern and shall develop alternative
focused BMPs for those (this may also include information that identifies issues
beyond the MS4’s control). These revised BMPs must be included in the SWMP
and subsequent annual reports.
Where the permittee originally used a benchmark value based on an aggregated
WLA, the permittee may combine or share efforts with other MS4s discharging to
the same watershed to determine an alternative sub-benchmark value for the
pollutant(s) of concern for their respective MS4s, as described in Part
II.D.4(a)(3)(b) above. Permittees must document, in their SWMP for the next
permit term, the proposed schedule for the development and subsequent adoption
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D
Page 21
of alternative sub-benchmark value(s) for the pollutant(s) of concern for their
respective MS4s and associated assessment of progress in meeting those individual
benchmarks.
(b) Discharges Directly to Water Quality Impaired Water Bodies without an Approved
TMDL
The permittee shall also determine whether the permitted discharge is directly to one
or more water quality impaired water bodies where a TMDL has not yet been approved
by TCEQ and EPA. If the permittee discharges directly into an impaired water body
without an approved TMDL, the permittee shall perform the following activities:
(1) Discharging a Pollutant of Concern
a. The permittee shall determine whether the small MS4 may be a source of the
pollutant(s) of concern by referring to the CWA §303(d) list and then
determining if discharges from the MS4 would be likely to contain the
pollutant(s) of concern at levels of concern.
b. If the permittee determines that the small MS4 may discharge the pollutant(s)
of concern to an impaired water body without an approved TMDL, the
permittee shall ensure that the SWMP includes focused BMPs, along with
corresponding measurable goals, that the permittee will implement, to reduce,
the discharge of pollutant(s) of concern that contribute to the impairment of
the water body.
c. In addition, the permittee shall submit an NOC to amend the SWMP in
accordance with Part II.E.6 to include any additional BMPs to address the
pollutant(s) of concern. This requirement does not apply to BMPs
implemented to address impaired waters that are listed after permit
authorization pursuant to Part II.D.4.
(2) Impairment of Bacteria
Where the impairment is for bacteria, the permittee shall identify potential
significant sources and develop and implement focused BMPs for those sources.
The permittee may implement the BMPs listed in Part II.D.4(a)(5) or proposed
alternative BMPs as appropriate.
(3) The annual report must include information on compliance with this section,
including results of any sampling conducted by the permittee.
5. Discharges to the Edwards Aquifer Recharge Zone
Discharges of stormwater from regulated small MS4s, and other non-stormwater
discharges, are not authorized by this general permit where those discharges are prohibited
by 30 TAC Chapter 213 (Edwards Aquifer Rule). 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 TAC 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 (WPAP) under the Edwards Aquifer Rule are in addition to the
requirements of this general permit. BMPs and maintenance schedules for structural
stormwater 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 stormwater
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D
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runoff are in addition to the effluent limitation requirements found in Part VI.D. of this
general permit.
The permittee’s agency-approved WPAPs that are required by the Edwards Aquifer Rule
must be referenced in the SWMP. Additional agency-approved WPAPs received after the
SWMP submittal must be recorded in the annual report for each respective permit year. For
discharges originating from the small MS4 permitted area, and located on or within ten
stream miles upstream of the Edwards Aquifer recharge zone, applicants must also submit a
copy of the MS4 NOI to the appropriate TCEQ Regional Office with each WPAP application.
Counties: Comal, Bexar, Medina, Uvalde, and Kinney
Contact:
TCEQ, Water Program Manager
San Antonio Regional Office
14250 Judson Road
San Antonio, Texas 78233-4480
(210) 490-3096
Counties: Williamson, Travis, and Hays
Contact:
TCEQ, Water Program Manager
Austin Regional Office
12100 Park 35 Circle, Bldg. A, Rm 179
Austin, Texas 78753
(512) 339-2929
6. Discharges to Specific Watersheds and Water Quality Areas
Discharges of stormwater from regulated small MS4s and other non-stormwater discharges
are not authorized by this general permit where prohibited by 30 TAC 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
Texas Local Government Code § 401.002.
8. Indian Country Lands
Stormwater runoff from small MS4s that occur 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 stormwater require authorization under federal NPDES regulations, authority
for these discharges must be obtained from the U.S. EPA.
9. Endangered Species Act
Discharges that would adversely affect a listed endangered or threatened species or its
critical habitat are not authorized by this permit. Federal requirements related to
endangered species apply to all TPDES permitted discharges, and site-specific controls may
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E
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be required to ensure that protection of endangered or threatened species is achieved. If a
permittee has concerns over potential impacts to listed species, the permittee shall contact
TCEQ for additional information prior to submittal of the NOI and SWMP. If adverse
impact is determined after submittal of the NOI and SWMP or after permit issuance, the
permittee shall contact TCEQ immediately to determine corrective action and potential
modification to the MS4’s permit.
10. 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
TAC § 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).
Section E. Obtaining Authorization
1. Application for Coverage
When submitting a notice of intent (NOI) and SWMP, for coverage under this general
permit, as described in Parts II.E.3., II.E.8, and Part III, the applicant must follow the
public notice and availability requirements found in Part II.E.16 of this general permit.
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 NOI and SWMP must be submitted to the TCEQ Water Quality Division, at the
address specified on the form or starting from December 21, 2020, must be submitted
electronically via the online e-permitting system available through the TCEQ website.
Following review of the NOI and SWMP, the executive director may determine that: 1) The
submission is complete and the NOI and SWMP are approved, 2) The NOI or SWMP are
incomplete and deny coverage and require that a new complete NOI and SWMP be
submitted, 3) Approve the NOI and SWMP with revisions and provide a written description
of the required revisions along with any compliance schedule(s), or 4) Deny coverage and
provide a deadline by which the MS4 operator must submit an application for an individual
permit. Where the executive director approves the submittal, either with or without
changes, the applicant must then carry out the public participation provisions in Part
II.E.12. Following the completion of the public participation process, the applicant is
authorized to discharge upon notification by TCEQ, at which point the permittee is subject
to the terms of this permit and the approved terms of the SWMP. Denial of coverage under
this general permit is subject to the requirements of 30 TAC § 205.4(c). Application
deadlines are as follows:
(a) Small MS4s Located in a 2000 or 2010 UA (Previously regulated Small MS4s)
Operators of small MS4s described in Part II.A.1 that were required to obtain
authorization under the 2013 TPDES General Permit TXR040000 based on the 2000
and 2010 UA maps shall submit an NOI and SWMP within 180 days following the
effective date of this general permit.
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(b) Designated Small MS4s
Following designation, operators of small MS4s described in Part II.A.2 shall submit an
NOI and SWMP, or apply for coverage under an individual TPDES stormwater permit,
within 180 days of being notified in writing by the TCEQ of the need to obtain permit
coverage.
(c) Individual Permit Alternative
If an operator of a small MS4 described in Part II.A.1. of this general permit elects to
apply for an individual permit, the application must be submitted within 90 days
following the effective date of this general permit.
Effective December 21, 2020, the NOI and the SWMP must be submitted using the online e-
permitting system available through the TCEQ website, unless the permittee requests and
obtains an electronic reporting waiver. Waivers from electronic reporting are not
transferrable and expire on the same date as the authorization to discharge.
2. Late Submission of the NOI and SWMP
Operators are not prohibited from submitting an NOI and SWMP after the deadlines
provided. If a late NOI and SWMP are submitted, then this general permit provides
authorization 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. SWMP General Requirements
A SWMP must be developed and submitted with the NOI for eligible discharges that will
reach waters of the U.S., including discharges from the regulated small MS4 to other MS4s
or to 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. The SWMP must
include, as appropriate, the months and years in which the permittee will undertake
required actions, including interim milestones and the frequency of the action throughout
the permit term.
New elements in the program must be completely implemented within five years of the
effective date of this general permit, or within five years of being designated for those small
MS4s which are designated following permit issuance. Previously regulated MS4s shall
assess existing program elements set forth in the previous permit, modify as necessary, and
develop and implement new elements, as necessary, to continue reducing the discharge of
pollutants from the MS4 to the MEP.
4. SWMP Review
The permittee shall participate in an annual review of its SWMP in conjunction with
preparation of the annual report required in Part IV.B.2. Results of the review shall be
documented in the annual report.
5. SWMP Updates Required by TCEQ
Changes may be made to the SWMP during the permit term. The TCEQ may notify the
permittee of the need to modify the SWMP to be consistent with the general permit, in
which case the permittee will have 90 days to finalize such changes to the SWMP.
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E
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6. SWMP Updates
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 NOI.
Changes to the SWMP that are made after TCEQ approval of the NOI and SWMP may be
made by submittal and approval of a notice of change (NOC) unless the changes are non-
substantial and do not change terms and conditions in the SWMP. Changes may be made as
follows:
(a) Changes that do not require an NOC
The following changes may be implemented without submitting an NOC form. The
changes may be made immediately following revision of the SWMP:
(1) Adding (but not subtracting or replacing) components, controls, or requirements
to the SWMP;
(2) Adding areas such as by annexing land, or otherwise acquire additional land that
expands the boundary of the MS4, or subtracting areas, such as by de-annexing
lands;
(3) Adding impaired water bodies that are identified pursuant to Part II.D.4; and
(4) Minor modifications to the SWMP that include administrative or non-substantial
changes as follows:
a. A change in personnel, or a reorganization of departments responsible for
implementing the SWMP;
b. Minor clarifications to the existing BMPs;
c. Correction of typographical errors;
d. Other similar administrative or non-substantive comments.
(b) Changes that require an NOC
Modifications to the SWMP that include the following changes require submittal of an
NOC along with those portions of the SWMP that are applicable to the change(s). The
changes may be implemented once the permittee receives approval of the NOC.
(1) Replacing a less effective or infeasible BMP specifically identified in the SWMP
with an alternative BMP, (for example, replacing a structural BMP with a non-
structural BMP would be considered a replacement). The SWMP update must
include documentation of the following:
a. An analysis of why the BMP is ineffective or infeasible (including cost
prohibitive);
b. Expectations of the effectiveness of the replacement BMP; and
c. An analysis of why the replacement BMP is expected to achieve the goals of
the BMP to be replaced;
(2) Requirement for more frequent monitoring or reporting by the permittee; and
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E
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(3) Interim compliance date change in a schedule of compliance, provided the new
date is not more than 120 days after the date specified in the existing permit and
does not interfere with attainment of the final compliance date requirement.
(c) Changes that require an NOC and Public Notice
All other modifications that changes permit terms and conditions must be submitted
on an NOC form along with those portions of the SWMP that are applicable to the
changes. The changes may only be implemented following public notice and written
approval by TCEQ.
(1) After receiving an NOC, the TCEQ evaluates if the requested change(s) can be
approved and might request additional information from the permittee during the
review process. If the request can be approved, the MS4 is required to post the
notice of the Executive Director’s preliminary determination of the NOC and the
revised terms of the SWMP on the MS4’s website. If the MS4 does not have a
website, the MS4 must notify TCEQ and TCEQ will post the notice on the TCEQ
website at https://www.tceq.texas.gov/.
(2) The public comment period begins on the first day the notice is posted on the MS4
or the TCEQ website and ends 30 days later. If the 30th calendar day falls on a date
that TCEQ is not open for business, then the public comment period is extended
until 5 pm on the next TCEQ business day. If there is a decision to hold a public
meeting, then the public comment period will continue until the public meeting
has been held. The public may submit comments regarding the proposed changes
to the TCEQ Water Quality Division.
(3) The Executive Director will hold a public meeting (equivalent to a “public hearing”
as required by 40 CFR §122.28(d)(2)(ii)) if it is determined there is significant
public interest. The Executive Director will post a notice of the public meeting on
the TCEQ website at https://www.tceq.texas.gov/. The notice of a public meeting
will be posted at least 30 days before the meeting and will be held in the county
where the MS4 is located or primarily located. TCEQ staff will facilitate the
meeting and provide a sign in sheet for attendees to register their names and
addresses. The public meeting held under this general permit is not an evidentiary
proceeding. If a public meeting is held, the comment period will end at the
conclusion of the public meeting.
(4) The Executive Director, after considering public comment, shall incorporate the
NOC changes into the SWMP. Once the revised terms are incorporated into the
SWMP, the Executive Director will notify the permittee and the public on the
revised terms and conditions of the SWMP.
7. Transfer of Ownership, Operational Authority, or Responsibility for SWMP
Implementation
The permitte shall implement the SWMP:
(a) On all new areas added to its portion of the MS4 (or where the permittee becomes
responsible for implementation of stormwater quality controls) as expeditiously as
possible, but no later than three (3) years from addition of the new area.
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E
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Implementation may be accomplished in a phased manner to allow additional time for
controls that cannot be implemented immediately.
(b) Within ninety (90) days of a transfer of ownership, operational authority, or
responsibility for SWMP implementation, the permittee shall have a plan for
implementing the SWMP in all affected areas. The plan must include schedules for
implementation, and information on all new annexed areas. Any resulting updates
required to the SWMP shall be submitted in the annual report.
8. Contents of the NOI
The NOI must contain the following minimum information:
(a) MS4 Operator Information
(1) The name, mailing address, electronic mail (email) address, telephone number,
and facsimile (fax) number of the MS4 operator; and
(2) The legal status of the MS4 operator (for example, 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) The name, mailing address, telephone number, email (if available) and fax number
of the designated person(s) responsible for implementing or coordinating
implementation of the SWMP;
(5) A signature and certification on the NOI, according to 30 TAC § 305.44, that a
SWMP has been developed according to the provisions of this permit;
(6) A statement that the applicant will comply with the Public Participation
requirements described in Part II.E.12.;
(7) 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 must be identified;
(8) The name of any MS4 receiving the discharge prior to discharge into waters of the
U.S.;
(9) The name of all surface water(s) receiving discharges from the small MS4 that are
on the latest EPA-approved CWA § 303(d) list of impaired waters;
(10) An indication of whether the small MS4 discharges within the Recharge Zone, the
Contributing Zone or the Contributing Zone within the Transition Zone of the
Edwards Aquifer; and
(11) Any other information deemed necessary by the executive director.
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E
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9. 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 an NOC within 30 days after discovery. If any information provided in the NOI
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 Parts II.E.4
through 6. Changes that are made to the SWMP following NOI approval must be made
using an NOC form, in accordance with Part II.E.6.
Effective December 21, 2020, applicants must submit an NOC using the online e-permitting
system available through the TCEQ website, or request and obtain a waiver from electronic
reporting from the TCEQ. Waivers from electronic reporting reporting are not transferrable
and expire on the same date as the authorization to discharge.
10. Change in Operational Control of a Small MS4
If the operational control of the regulated small MS4 changes, the previous operator must
submit a Notice of Termination (NOT) and the new operator must submit an NOI and
SWMP. The NOT and NOI must be submitted concurrently not more than ten (10) calendar
days after the change occurs. Existing permittees who are expanding coverage of their MS4
area (e.g., city annexes part of unincorporated county MS4) are not required to submit a
new NOI, but must comply with Part II.E.7.
11. 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, or immediately following confirmation of receipt of the electronic NOT form by the
TCEQ. A NOT must be submitted within 30 days after the MS4 operator obtains coverage
under an individual permit.
Effective December 21, 2020, applicants must submit an NOT using the online e-permitting
system available through the TCEQ website, or request and obtain a waiver from electronic
reporting from the TCEQ. Waivers from electronic reporting are not transferrable and
expire on the same date as the authorization to discharge.
12. Signatory Requirement for NOI, NOT, NOC, and Waiver Forms
NOI, NOT, NOC, and Waiver forms must be signed and certified consistent with 30 TAC §
305.44(a) and (b) (relating to Signatories to Applications).
13. Fees
An application fee of $ 400.00 must be submitted with each NOI. 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
$100.00 under TWC § 26.0291 and 30 TAC Chapter 205 (relating to General Permits for
Waste Discharges).
Effective December 21, 2020, applicants seeking coverage under an NOI or a waiver must
submit their application electronically using the online e-permitting system available
through the TCEQ website, or request and obtain a waiver from electronic reporting from
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E
Page 29
the TCEQ. Waivers from electronic reporting are not transferrable and expire on the same
date as the authorization to discharge.
14. Permit Expiration
(a) This general permit is effective for five (5) years from the permit effective date.
Authorizations for discharge under the provisions of this general permit will continue
until the expiration date of the general permit. This general permit may be amended,
revoked, or canceled by the commission or renewed by the TCEQ for an additional term
not to exceed five (5) years.
(b) If the executive director proposes to reissue this general permit before the expiration
date, the general permit will remain in effect until the date on which the commission
takes final action on the proposal to reissue this general permit. For existing
permittees, general permit coverage will remain in effect after the expiration date of the
existing general permit, in accordance with 30 TAC, Chapter 205. No new NOIs will be
accepted and no new authorizations will be processed under the general permit after
the expiration date.
(c) Following 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. The renewed permit will include a deadline to
apply for coverage, and authorization for existing permittees will be automatically
extended until the deadline to apply for coverage, or until an application is submitted
for renewal, whichever occurs first.
(d) If the TCEQ 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 of this general permit, authorization under this
expiring general permit remains in effect until the issuance or denial of an individual
permit.
15. Suspension of Permit Coverage
The executive director may suspend an authorization under this general permit for the
reasons specified in 30 TAC § 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 immediately, if required by the executive director.
16. Public Notice Process for NOI submittal
An applicant under this general permit shall adhere to the following procedures:
(a) The applicant shall submit an NOI and SWMP to the executive director. The SWMP
must include information about:
(1) BMPs the applicant will implement for each of the six MCMs and program
elements pursuant to Part II.D (relating to Impaired Water Bodies and Total
Maximum Daily Load (TMDL) Requirements), as appropriate;
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E
Page 30
(2) The measurable goals for each of the BMPs and program elements pursuant to Part
II.D.4 (relating to Impaired Water Bodies and Total Maximum Daily Load (TMDL)
Requirements), including, as appropriate the months and years in which the
applicant will take the required actions, including interim milestones and the
frequency of the action; and
(3) The person or persons responsible for implementing or coordinating the applicants
SWMP.
(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 decision on
the NOI and SWMP.
(c) The notice will include the following information, at a minimum:
(1) The legal name of the MS4 operator;
(2) Indication of whether the NOI is for a new authorization or is a renewal of an
existing authorization;
(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 NOI 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 a newspaper of general circulation in the
municipality or county where the small MS4 is located. If the small MS4 is located in
multiple municipalities or counties, the notice must be published at least once in a
newspaper of general circulation in the municipality or county containing the largest
resident population for the regulated portion of the small MS4. This notice must
provide opportunity for the public to submit comments on the NOI and SWMP. In
addition, the notice must allow the public to request a public meeting. A public
meeting (equivalent to a “public hearing” as required by 40 CFR §122.28(d)(2)(ii)) 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 lasts for
at least 30 days. If a public meeting is held, the comment period will end at the closing
of the public meeting (see paragraph (f) below). The public may submit written
comments to the TCEQ Office of Chief Clerk during the comment period detailing how
the NOI or SWMP for the small MS4 fails to meet the 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
shall 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.
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(g) If a public meeting is held, the applicant shall describe the contents of the NOI 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 shall file with the Chief Clerk a copy and an affidavit of the publication of
notice(s) within 60 days of receiving the written instructions from the Chief Clerk.
(i) The executive director, after considering public comment, will either approve, approve
with conditions, or deny the NOI based on whether the NOI 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.
Section F. 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 a UA or 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 UA, 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
responsibilities must meet the following conditions:
(a) Participants
The SWMP must clearly list the name and permit number for each MS4 operator that
chooses to contribute to development or implementation of the SWMP, and provide
written confirmation that the contributing MS4 operator has agreed to contribute. If a
contributing small MS4 has submitted a NOI and SWMP to TCEQ, but has not yet
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 be included in the SWMP.
(b) Responsibilities
Each permittee is entirely responsible for meeting SWMP requirements within the
boundaries of its small MS4. Where a separate MS4 operator is contributing to
implementation of the SWMP, the SWMP must clearly define each minimum control
measure and the component(s) each entity agrees to implement, within which MS4
area(s) each entity agrees to implement 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 TAC Chapter 305 (relating to
Consolidated Permits). The executive director may require a MS4 operator, authorized by
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section A
Page 32
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 TAC Chapter 205 considerations and requirements; or other site-
specific considerations. The executive director shall deny or suspend a facility’s
authorization for disposal under this general permit based on a rating of “unsatisfactory
performer” according to commission rules in 30 TAC §60.3, Use of Compliance History. An
applicant who owns or operates a facility classified as an “unsatisfactory performer” is
entitled to a hearing before the commission prior to having its coverage denied or
suspended, in accordance with TWC § 26.040(h).
Part III. Stormwater Management Program (SWMP)
To the extent allowable under state and local law, a SWMP must be developed, implemented,
and enforced according to the requirements of Part III of this general permit for stormwater
discharges that reach waters of the U.S., regardless of whether the discharge is conveyed
through a separately operated storm sewer system. The SWMP must be developed,
implemented, and enforced to reduce the discharge of pollutants from the small MS4 to the
maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate
water quality requirements of the CWA and the TWC.
The SWMP must also be implemented and enforced in new MS4 areas added during the permit
term. Implementation of appropriate BMPs for the new areas must occur in accordance with
Part II.E.7.
A permittee that implements BMPs consistent with the provisions of their permit and SWMP
constitutes compliance with the standard of reducing pollutants to the MEP and will be deemed
in compliance with Part III of this permit. This permit does not extend any compliance
deadlines set forth in the previous permit effective December 13, 2013.
Section A. Developing a Stormwater Management Program (SWMP)
1. SWMP Development and Schedule
(a) Existing regulated small MS4s
Permittees who were regulated under the previous TPDES general permit
TXR040000, shall update and submit to the TCEQ an updated SWMP under this
general permit along with the NOI for coverage. The NOI and SWMP are due within
180 days of the general permit effective date. The permittee shall continue to operate
under the conditions of the previous permit and existing SWMP until the revised
SWMP is approved.
(b) Implementation of the SWMP
Existing small MS4 operators shall ensure full implementation of any new elements in
the revised SWMP as soon as practicable, but no later than five years from the permit
effective date. Previously regulated MS4 operators shall continue to implement
existing elements in the approved SWMPs until the revised SWMPs has been
approved.
Designated small MS4s must achieve full implementation of the SWMP as soon as
practicable, but no later than five years from designation.
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2. Content of the SWMP
At a minimum, the permittee shall include the following information in its SWMP:
(a) A description of Minimum Control Measures (MCM) with measureable goals,
including, as appropriate, the months and years when the permittee will undertake
required actions, including interim milestones and the frequency of the action for each
MCM described in Part III, Section B.
(b) A measurable goal that includes the development of ordinances or other regulatory
mechanisms allowed by state, federal and local law, providing the legal authority
necessary to implement and enforce the requirements of this permit, including
information on any limitations to the legal authority;
(c) The measurable goals selected by the permittee must be clear, specific, and measurable.
(d) A summary of written procedures describing how the permittee will implement the
provisions in Parts III and IV of this general permit.
(e) A description of a program or a plan of compliance with the requirements in Part
II.D.4. (relating to Impaired Water Bodies and Total Maximum Daily Load (TMDL)
Requirements)
(f) Identification of any impaired waters that have been added in accordance with Part
II.D.4.
3. Legal Authority
(a) Traditional small MS4s, such as cities
(1) Within two years from the permit effective date, the permittee shall review and
revise, if needed, its relevant ordinance(s) or other regulatory mechanism(s), or
shall adopt a new ordinance(s) or other regulatory mechanism(s) that provide the
permittee with adequate legal authority to control pollutant discharges into and
from its small MS4 in order to meet the requirements of this general permit.
(2) To be considered adequate, this legal authority must, at a minimum, address the
following:
a. Authority to prohibit illicit discharges and illicit connections;
b. Authority to respond to and contain other releases – Control the discharge of
spills, and prohibit dumping or disposal of materials other than stormwater
into the small MS4;
c. Authority to require compliance with conditions in the permittee’s ordinances,
permits, contracts, or orders;
d. Authority to require installation, implementation, and maintenance of control
measures;
e. Authority to receive and collect information, such as stormwater plans,
inspection reports, and other information deemed necessary to assess
compliance with this permit, from operators of construction sites, new or
redeveloped land, and industrial and commercial facilities;
f. Authority, as needed, to enter and inspect private property including facilities,
equipment, practices, or operations related to stormwater discharges to the
small MS4;
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section A
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g. Authority to respond to non-compliance with BMPs required by the small
MS4 consistent with their ordinances or other regulatory mechanism(s);
h. Authority to assess penalties, including monetary, civil, or criminal penalties;
and
i. Ability to enter into interagency or interlocal agreements or other
maintenance agreements, as necessary.
(b) Non-traditional small MS4s, such as counties, drainage districts, transportation
entities, municipal utility districts, military bases, prisons, and universities
(1) 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, contractors, and any other entity
over which it has operational control within the portion of the UA under the
jurisdiction of the permittee. For discharges from third party actions, the
permittee shall perform inspections and exert enforcement authority to the MEP.
(2) If the permittee does not have inspection or 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 following
actions in order to meet the goals of the permit:
a. 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,
b. If it is not feasible for the permittee to enter into interlocal agreements, the
permittee shall notify an adjacent MS4 operator with enforcement authority or
the appropriate TCEQ Regional Office to report discharges or incidents that it
cannot itself enforce against. In determining feasibility for entering into
interlocal agreements, the permittee shall consider all factors, including,
without limitations, financial considerations and the willingness of the
municipalities in which the small MS4 is located.
4. Resources
It is the permittee’s responsibility to ensure that it has adequate resources and funding to
implement the requirements of this permit.
5. Effluent Limitations
The controls and BMPs included in the SWMP constitute effluent limitations for the
purposes of compliance with state rules. This includes the requirements of 30 TAC Chapter
319, Subchapter B, which lists the maximum allowable concentrations of hazardous metals
for discharge to water in the state.
6. Enforcement Measures
Permittees with enforcement authority (i.e. traditional small MS4s) shall develop a standard
operating procedure (SOP) to respond to violations to the extent allowable under state and
local law. When the permittee does not have enforcement authority over the violator, and
the violations continue after violator has been notified by the permittee, or the source of the
illicit discharge is outside the MS4’s boundary, the permittee shall notify either the adjacent
MS4 operator with enforcement authority or the appropriate TCEQ Regional Office.
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
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Section B. Minimum Control Measures
Operators of small MS4s seeking coverage under this general permit shall develop and
implement a SWMP that includes the following six minimum control measures (MCMs), as
applicable.
All program elements must be implemented according to the schedule mentioned in Part
III.A. All six MCMs apply to all MS4s regardless of their level as described in Part II.A.5.
Specific program elements under each MCM shall be implemented by all MS4 operators,
unless it is specifically stated that particular program elements only are applicable for
certain levels of small MS4s.
Permittees shall provide justification within the SWMP for any requirements that were not
implemented because they were not feasible as described in each MCM.
1. Public Education, Outreach, and Involvement
(a) Public Education and Outreach
(1) All permittees shall develop, implement, and maintain a comprehensive
stormwater education and outreach program to educate public employees,
businesses, and the general public of hazards associated with the illegal discharges
and improper disposal of waste and about the impact that stormwater discharges
can have on local waterways, as well as the steps that the public can take to reduce
pollutants in stormwater.
Existing permittees shall assess program elements that were described in the
previous permit, modify as necessary, and develop and implement new elements,
as necessary, to continue reducing the discharge of pollutants from the MS4 to the
MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the program fully implemented by the end of
this permit term. The program must, at a minimum:
a. Define the goals and objectives of the program based on high priority
community-wide issues (for example, reduction of nitrogen in discharges from
the small MS4, promoting previous techniques used in the small MS4, or
improving the quality of discharges to the Edwards Aquifer);
b. Identify the target audience(s);
c. Develop or utilize appropriate educational materials, such as printed
materials, billboard and mass transit advertisements, signage at select
locations, radio advertisements, television advertisements, and websites;
d. Determine cost effective and practical methods and procedures for
distribution of materials.
(2) Throughout the permit term, all permittees shall make the educational materials
available to convey the program’s message to the target audience(s) at least
annually.
(3) If the permittee has a public website, the permittee shall post its SWMP and the
annual reports required under Part IV.B.2. or a summary of the annual report on
the permittee’s website. The SWMP must be posted no later than 30 days after the
approval date, and the annual report no later than 30 days after the due date.
(4) All permittees shall annually review and update the SWMP and MCM
implementation procedures required by Part III.A.2., as necessary. Any changes
Small MS4 General Permit TPDES Draft GP TXR040000 Part III, Section B
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must be reflected in the annual report. Such written procedures must be
maintained, either on site or in the SWMP and made available for inspection by
the TCEQ.
(5) MS4 operators may partner with other MS4 operators to maximize the program
and cost effectiveness of the required outreach.
(b) Public Involvement
All permittees shall involve the public, and, at minimum, comply with any state and
local public notice requirements in the planning and implementation activities related
to developing and implementing the SWMP, except that correctional facilities are not
required to implement this portion of the MCM.
Existing permittees shall assess program elements that were described in the previous
permit, modify as necessary, and develop and implement new elements, as necessary,
to continue reducing the discharge of pollutants from the MS4 to the MEP. New
elements must be fully implemented by the end of this permit term and newly
regulated permittees shall have the program fully implemented by the end of this
permit term. At a minimum, all permittees shall:
(1) Consider using public input (for example, the opportunity for public comment, or
public meetings) in the implementation of the program;
(2) Create opportunities for citizens to participate in the implementation of control
measures, such as stream clean-ups, storm drain stenciling, volunteer monitoring,
volunteer “Adopt-A-Highway” programs, and educational activities;
(3) Ensure the public can easily find information about the SWMP.
2. Illicit Discharge Detection and Elimination (IDDE)
(a) Program Development
(1) All permittees shall develop, implement, and enforce a program to detect,
investigate, and eliminate illicit discharges into the small MS4. The program must
include a plan to detect and address non-stormwater discharges, including illegal
dumping to the MS4 system.
Existing permittees must assess program elements that were described in the
previous permit, modify as necessary, and develop and implement new elements,
as necessary, to continue reducing the discharge of pollutants from the MS4 to the
MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the program fully implemented by the end of
this permit term. (See also Part III.A.1(c).
The Illicit Discharge Detection and Elimination (IDDE) program must include the
following:
a. An up-to-date MS4 map (see Part III.B.2.(c)(1));
b. Methods for informing and training MS4 field staff (see Part III.B.2.(c)(2));
c. Procedures for tracing the source of an illicit discharge (see Part III.
B.2.(c)(5));
d. Procedures for removing the source of the illicit discharge (see Part
III.B.2.(c)(5));
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
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e. For Level 2, 3 and 4 small MS4s, if applicable, procedures to prevent and
correct any leaking on-site sewage disposal systems that discharge into the
small MS4;
f. For Level 4 small MS4s, procedures for identifying priority areas within the
small MS4 likely to have illicit discharges, and a list of all such areas identified
in the small MS4 (see Part III.B.2.(e)(1));
g. For Level 4 small MS4s, field screening to detect illicit discharges (see Part
III.B.2.(e)(2)); and
h. For Level 4 small MS4s, procedures to reduce the discharge of floatables in the
MS4. (see Part III.B.2.(e)(3).)
(2) For non-traditional small MS4s, if illicit connections or illicit discharges are
observed related to another operator’s MS4, the permittee shall notify the other
MS4 operator within 48 hours of discovery. If notification to the other MS4
operator is not practicable, then the permittee shall notify the appropriate TCEQ
Regional Office of the possible illicit connection or illicit discharge.
(3) If another MS4 operator notifies the permittee of an illegal connection or illicit
discharge to the small MS4, then the permittee shall follow the requirements
specified in Part III.B.2.(c)(3).
(4) All permittees shall annually review and update as necessary, the SWMP and MCM
implementation procedures required by Part III.A.2. Any changes must be
reflected in the annual report. Such written procedures must be maintained, either
on site or in the SWMP and made available for inspection by the TCEQ.
(b) Allowable Non-Stormwater Discharges
Non-stormwater flows listed in Part II.C do not need to be considered by the permittee
as an illicit discharge requiring elimination unless the permittee or the TCEQ identifies
the flow as a significant source of pollutants to the small MS4.
(c) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.2(c)(1)-(6)
(1) MS4 mapping
All permittees shall maintain an up-to-date MS4 map, which must be located on
site and available for review by the TCEQ. The MS4 map must show at a minimum
the following information:
a. The location of all small MS4 outfalls that are operated by the permittee and
that discharge into waters of the U.S;
b. The location and name of all surface waters receiving discharges from the
small MS4 outfalls; and
c. Priority areas identified under Part III.B.2.(e)(1), if applicable.
(2) Education and Training
All permittees shall implement a method for informing or training all the
permittee’s field staff that may come into contact with or otherwise observe an
illicit discharge or illicit connection to the small MS4 as part of their normal job
responsibilities. Training program materials and attendance lists must be
maintained on site and made available for review by the TCEQ.
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(3) Public Reporting of Illicit Discharges and Spills
All permittees shall publicize and facilitate public reporting of illicit discharges or
water quality impacts associated with discharges into or from the small MS4. The
permittee shall provide a central contact point to receive reports; for example by
including a phone number for complaints and spill reporting.
(4) All permittees shall develop and maintain on-site procedures for responding to
illicit discharges and spills.
(5) Source Investigation and Elimination
a. Minimum Investigation Requirements – Upon becoming aware of an illicit
discharge, all permittees shall conduct an investigation to identify and locate
the source of such illicit discharge as soon as practicable.
(i) All permittees shall prioritize the investigation of discharges based on
their relative risk of pollution. For example, sanitary sewage may be
considered a high priority discharge.
(ii) All permittees shall report to the TCEQ immediately upon becoming
aware of the occurrence of any illicit flows believed to be an immediate
threat to human health or the environment.
(iii) All permittees shall track all investigations and document, at a minimum,
the date(s) the illicit discharge was observed; the results of the
investigation; any follow-up of the investigation; and the date the
investigation was closed.
b. Identification and Investigation of the Source of the Illicit Discharge –All
permittees shall investigate and document the source of illicit discharges
where the permittees have jurisdiction to complete such an investigation. If
the source of illicit discharge extends outside the permittee’s boundary, all
permittees shall notify the adjacent permitted MS4 operator or the
appropriate TCEQ Regional Office according to Part III.A.3.b.
c. Corrective Action to Eliminate Illicit Discharge
If and when the source of the illicit discharge has been determined, all
permittees shall immediately notify the responsible party of the problem, and
shall require the responsible party to perform all necessary corrective actions
to eliminate the illicit discharge.
(6) Inspections –The permittee shall conduct inspections, in response to complaints,
and shall conduct follow-up inspections to ensure that corrective measures have
been implemented by the responsible party.
The permittee shall develop written procedures describing the basis for conducting
inspections in response to complaints and conducting follow-up inspections.
(d) Additional Requirements for Level 3 and 4 small MS4s
In addition to the requirements described in Parts III.B.2(c)(1)-(6) above, permittees
who operate Level 3 and 4 small MS4s shall meet the following requirements:
Source Investigation and Elimination
Permittees who operate Level 3 and 4 small MS4 shall upon being notified that the
discharge has been eliminated, conduct a follow-up investigation or field screening,
consistent with Part III.B.2.(e)(2), to verify that the discharge has been eliminated. The
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
Page 39
permittee shall document its follow-up investigation. The permittee may seek recovery
and remediation costs from responsible parties consistent with Part III.A.3., and
require compensation related costs. Resulting enforcement actions must follow the
procedures for enforcement action in Part III.A.3. If the suspected source of the illicit
discharge is authorized under an NPDES/TPDES permit or the discharge is listed as an
authorized non-stormwater discharge, as described in Part III.C, no further action is
required.
(e) Additional Requirements for Level 4 small MS4s
In addition to the requirements described in Parts III.B.2(c)-(d) above, permittees
who operate Level 4 small MS4s shall meet the following requirements:
(1) Identification of Priority Areas
Permittees who operate Level 4 small MS4s shall identify priority areas likely to
have illicit discharges and shall document the basis for the selection of each
priority area and shall create a list of all priority areas identified. This priority area
list must be available for review by the TCEQ.
(2) Dry Weather Field Screening
By the end of the permit term, permittees who operate Level 4 small MS4s shall
develop and implement a written dry weather field screening program to assist in
detecting and eliminating illicit discharges to the small MS4. Dry weather field
screening must consist of (1) field observations; and (2) field screening according
to item (2)c. below.
If dry weather field screening is necessary, at a minimum, the permittee shall:
a. Conduct dry weather field screening in priority areas as identified by the
permittee in Part III.B.2(e)(1). By the end of the permit term, all of those
priority areas, although not necessarily all individual outfalls must be
screened.
b. Field observation requirements – The permittee shall develop written
procedures for observing flows from outfalls when there has been at least 72
hours of dry weather. The written procedures must include the basis used to
determine which outfalls will be observed. The permittee shall record visual
observations such as odor, color, clarity, floatables, deposits, or stains.
c. Field screening requirements – The permittee shall develop written
procedures to determine which dry weather flows will be screened, based on
results of field observations or complaint from the public or the permittee’s
trained field staff. At a minimum, when visual observations indicate a
potential problem such as discolored flows, foam, surface sheen, and other
similar indicators of contamination, the permittee shall conduct a field
screening analysis for selected indicator pollutants. The basis for selecting the
indicator pollutants must be described in the written procedures. Screening
methodology may be modified based on experience gained during the actual
field screening activities. The permittee shall document the method used.
(3) Reduction of Floatables
The permittee shall implement a program to reduce the discharge of floatables (for
example, litter and other human-generated solid refuse) in the MS4. The MS4 shall
include source controls at a minimum and structural controls and other
appropriate controls where necessary.
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
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The permittee shall maintain two locations where floatable material can be
removed before the stormwater is discharged to or from the MS4. Floatable
material shall be collected at the frequency necessary for maintenance of the
removal devices, but not less than twice per year. The amount of material collected
shall be estimated by weight, volume, or by other practical means. Results shall be
included in the annual report.
3. Construction Site Stormwater Runoff Control
(a) Requirements and Control Measures
(1) All permittees shall develop, implement, and enforce a program requiring
operators of small and large construction activities, as defined in Part I of this
general permit, to select, install, implement, and maintain stormwater control
measures that prevent illicit discharges to the MEP. The program must include the
development and implementation of an ordinance or other regulatory mechanism,
as well as sanctions to ensure compliance to the extent allowable under state,
federal, and local law, to require erosion and sediment control.
Existing permittees shall assess program elements that were described in the
previous permit, modify as necessary, and develop and implement new elements,
as necessary, to continue reducing the discharge of pollutants from the MS4 to the
MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the the progam fully implemented by the
end of this permit term.
If TCEQ waives requirements for stormwater discharges associated with small
construction from a specific site(s), the permittee is not required to enforce the
program to reduce pollutant discharges from such site(s).
(b) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.3(b)(1)-(7)
(1) All permittees shall annually review and update as necessary, the SWMP and MCM
implementation procedures required by Part III.A.2. Any changes must be
included in the annual report. Such written procedures must be maintained on site
or in the SWMP and made available for inspection by the TCEQ.
(2) All permittees shall require that construction site operators implement appropriate
erosion and sediment control BMPs. The permittee’s construction program must
ensure the following minimum requirements are effectively implemented for all
small and large construction activities discharging to its small MS4.
a. Erosion and Sediment Controls - Design, install and maintain effective erosion
controls and sediment controls to minimize the discharge of pollutants.
b. Soil Stabilization - Stabilization of disturbed areas must, at a minimum, be
initiated immediately whenever any clearing, grading, excavating or other
earth disturbing activities have permanently ceased on any portion of the site,
or temporarily ceased on any portion of the site and will not resume for a
period exceeding 14 calendar days. Stabilization must be completed as soon as
practicable, but no more than 14 calendar days after the initiation of soil
stabilization measures. In arid, semiarid, and drought-stricken areas, where
initiating vegetative stabilization measures immediately is infeasible,
alternative stabilization measures must be employed.
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
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The permittee shall develop written procedures that describes initiating and
completing stabilization measures for construction sites.
c. BMPs – Design, install, implement, and maintain effective BMPs to minimize
the discharge of pollutants to the small MS4. At a minimum, such BMPs must
be designed, installed, implemented and maintained to:
(i) Minimize the discharge of pollutants from equipment and vehicle
washing, wheel wash water, and other wash waters;
(ii) Minimize the exposure of building materials, building products,
construction wastes, trash, landscape materials, fertilizers, pesticides,
herbicides, detergents, sanitary waste and other materials present on the
site to precipitation and to stormwater; and
(iii) Minimize the discharge of pollutants from spills and leaks.
d. As an alternative to (a) through (c) above, all permittees shall ensure that all
small and large construction activities discharging to the small MS4 have
developed and implemented a stormwater pollution prevention plan (SWP3)
in accordance with the TPDES CGP TXR150000. In arid, semiarid, and
drought-stricken areas where initiating vegetative stabilization measures
immediately is infeasible, alternative stabilization measures must be employed
and described in the written procedure required in item (2)b. above. As an
alternative, vegetative stabilization measures may be implemented as soon as
practicable.
(3) Prohibited Discharges - The following discharges are prohibited:
a. Wastewater from washout of concrete and wastewater from water well drilling
operations, unless managed by an appropriate control;
b. Wastewater from washout and cleanout of stucco, paint, from release oils, and
other construction materials;
c. Fuels, oils, or other pollutants used in vehicle and equipment operation and
maintenance;
d. Soaps or solvents used in vehicle and equipment washing; and
e. Discharges from dewatering activities, including discharges from dewatering
of trenches and excavations, unless managed by appropriate BMPs.
(4) Construction Plan Review Procedures
To the extent allowable by state, federal, and local law, all permittees shall
maintain and implement site plan review procedures that describe which plans will
be reviewed as well as when an operator may begin construction. For those
permittees without legal authority to enforce site plan reviews, this requirement is
limited to those sites operated by the permittee and its contractors and located
within the permittee’s regulated area. The site plan procedures must meet the
following minimum requirements:
a. The site plan review procedures must incorporate consideration of potential
water quality impacts.
b. The permittee may not approve any plans unless the plans contain appropriate
site specific construction site control measures that, at a minimum, meet the
requirements described in Part III.B.3.(a) or in the TPDES CGP, TXR150000.
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
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The permittee may require and accept a plan, such as a SWP3, that has been
developed pursuant to the TPDES CGP, TXR150000.
(5) Construction Site Inspections and Enforcement
To the extent allowable by state, federal, and local law, all permittees shall
implement procedures for inspecting large and small construction projects.
Permittees without legal authority to inspect construction sites shall at a minimum
conduct inspection of sites operated by the permittee or its contractors and that
are located in the permittee’s regulated area.
a. The permittee shall conduct inspections based on the evaluation of factors that
are a threat to water quality, such as: soil erosion potential; site slope; project
size and type; sensitivity of receiving waterbodies; proximity to receiving
waterbodies; non-stormwater discharges; and past record of non-compliance
by the operators of the construction site.
b. Inspections must occur during the active construction phase.
(i) All permittees shall develop and implement updated written procedures
outlining the inspection and enforcement requirements. These procedures
must be maintained on-site or in the SWMP and be made available to
TCEQ.
(ii) Inspections of construction sites must, at a minimum:
1. Determine whether the site has appropriate coverage under the
TPDES CGP, TXR150000. If no coverage exists, notify the permittee
of the need for permit coverage;
2. Conduct a site inspection to determine if control measures have been
selected, installed, implemented, and maintained according to the
small MS4’s requirements;
3. Assess compliance with the permittee’s ordinances and other
regulations; and
4. Provide a written or electronic inspection report.
c. Based on site inspection findings, all permittees shall take all necessary follow-
up actions (for example, follow-up-inspections or enforcement) to ensure
compliance with permit requirements and the SWMP. These follow-up and
enforcement actions must be tracked and maintained for review by the TCEQ.
For non-traditional small MS4s with no enforcement powers, the permittee
shall notify the adjacent MS4 operator with enforcement authority or the
appropriate TCEQ Regional Office according to Part III.A.3(b).
(6) Information submitted by the Public
All permittees shall develop, implement, and maintain procedures for receipt and
consideration of information submitted by the public.
(7) MS4 Staff Training
All permittees shall ensure that all staff whose primary job duties are related to
implementing the construction stormwater program (including permitting, plan
review, construction site inspections, and enforcement) are informed or trained to
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
Page 43
conduct these activities. The training may be conducted by the permittee or by
outside trainers.
(c) Additional Requirements for Level 3 and 4 small MS4s
In addition to the requirements described in Parts III.B.3(b)(1)-(7) above, permittees
who operate Level 3 and 4 small MS4s shall meet the following requirements:
Construction Site Inventory
Permittees who operate Level 3 and 4 small MS4s shall maintain an inventory of all
permitted active public and private construction sites, that result in a total land
disturbance of one or more acres or that result in a total land disturbance of less than
one acre if part of a larger common plan or development or sale. Notification to the
small MS4 must be made by submittal of a copy of an NOI or a small construction site
notice, as applicable. The permittee shall make this inventory available to the TCEQ
upon request.
4. Post Construction Stormwater Management in New Development and
Redevelopment
(a) Post-Construction Stormwater Management Program
(1) All permittees shall develop, implement, and enforce a program, to the extent
allowable under state, federal, and local law, to control stormwater discharges
from new development and redeveloped sites that discharge into the small MS4
that disturb one acre or more, including projects that disturb less than one acre
that are part of a larger common plan of development or sale. The program must
be established for private and public development sites. The program may utilize
an offsite mitigation and payment in lieu of components to address this
requirement.
Existing permittees shall assess program elements that were described in the
previous permit and modify as necessary to continue reducing the discharge of
pollutants from the MS4 to the MEP. New elements must be fully implemented by
the end of this permit term and newly regulated permittees shall have the program
fully implemented by the end of the permit term.
(2) All permittees shall use, to the extent allowable under state, federal, and local law
and local development standards, an ordinance or other regulatory mechanism to
address post-construction runoff from new development and redevelopment
projects. The permittees shall establish, implement, and enforce a requirement
that owners or operators of new development and redeveloped sites design, install,
implement, and maintain a combination of structural and non-structural BMPs
appropriate for the community and that protects water quality. If the construction
of permanent structures is not feasible due to space limitations, health and safety
concerns, cost effectiveness, or highway construction codes, the permittee may
propose an alternative approach to TCEQ. Newly regulated permittees shall have
the program element fully implemented by the end of the permit term.
(b) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.4.(b)(1)-(3)
(1) All permittees shall annually review and update as necessary, the SWMP and MCM
implementation procedures required by Part III.A.2. Any changes must be
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
Page 44
included in the annual report. Such written procedures must be maintained either
on site or in the SWMP and made available for inspection by TCEQ.
(2) All permittees shall document and maintain records of enforcement actions and
make them available for review by the TCEQ.
(3) Long-Term Maintenance of Post-Construction Stormwater Control Measures
All permittees shall, to the extent allowable under state, federal, and local law,
ensure the long-term operation and maintenance of structural stormwater control
measures installed through one or both of the following approaches:
a. Maintenance performed by the permittee. (See Part III.B.5)
b. Maintenance performed by the owner or operator of a new development or
redeveloped site under a maintenance plan. The maintenance plan must be
filed in the real property records of the county in which the property is located.
The permittee shall require the owner or operator of any new development or
redeveloped site to develop and implement a maintenance plan addressing
maintenance requirements for any structural control measures installed on
site. The permittee shall require operation and maintenance performed is
documented and retained on site, such as at the offices of the owner or
operator, and made available for review by the small MS4.
(c) Additional Requirements for Level 4 small MS4s
In addition to the requirements described in Parts III.B.5(b)(1)-(3), permittees who
operate Level 4 small MS4s shall meet the following requirements:
Inspections - Permittees who operate Level 4 small MS4s shall develop and implement
an inspection program to ensure that all post construction stormwater control
measures are operating correctly and are being maintained as required consistent with
its applicable maintenance plan. For small MS4s with limited enforcement authority,
this requirement applies to the structural controls owned and operated by the small
MS4 or its contractors that perform these activities within the small MS4’s regulated
area.
Inspection Reports - The permittee shall document its inspection findings in an
inspection report and make them available for review by the TCEQ.
5. Pollution Prevention and Good Housekeeping for Municipal Operations
(a) Program development
All permittees shall develop and implement an operation and maintenance program,
including an employee training component that has the ultimate goal of preventing or
reducing pollutant runoff from municipal activities and municipally owned areas
including but not limited to park and open space maintenance; street, road, or highway
maintenance; fleet and building maintenance; stormwater system maintenance; new
construction and land disturbances; municipal parking lots; vehicle and equipment
maintenance and storage yards; waste transfer stations; and salt/sand storage
locations.
Existing permittees shall assess program elements that were described in the previous
permit, modify as necessary, and develop and implement new elements, as necessary,
to continue reducing the discharges of pollutants from the MS4 to the MEP. New
elements must be fully implemented by the end of this permit term and newly
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regulated permittees shall have the program fully implemented by the end of this
permit term. (See also Part III.A.1.(c))
(b) Requirements for all Permittees
All permitees shall include the requirements described below in Parts III.B.5.(1)-(6) in
the program:
(1) Permittee-owned Facilities and Control Inventory
All permittees shall develop and maintain an inventory of facilities and stormwater
controls that it owns and operates within the regulated area of the small MS4. The
inventory must include all applicable permit numbers, registration numbers, and
authorizations for each facility or controls. The inventory must be available for
review by TCEQ and must include, but is not limited, to the following, as
applicable:
a. Composting facilities;
b. Equipment storage and maintenance facilities;
c. Fuel storage facilities;
d. Hazardous waste disposal facilities;
e. Hazardous waste handling and transfer facilities;
f. Incinerators;
g. Landfills;
h. Materials storage yards;
i. Pesticide storage facilities;
j. Buildings, including schools, libraries, police stations, fire stations, and office
buildings;
k. Parking lots;
l. Golf courses;
m. Swimming pools;
n. Public works yards;
o. Recycling facilities;
p. Salt storage facilities;
q. Solid waste handling and transfer facilities;
r. Street repair and maintenance sites;
s. Vehicle storage and maintenance yards; and
t. Structural stormwater controls.
(2) Training and Education
All permittees shall inform or train appropriate employees involved in
implementing pollution prevention and good housekeeping practices. All
permittees shall maintain a training attendance list for inspection by TCEQ when
requested.
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(3) Disposal of Waste Material - Waste materials removed from the small MS4 must
be disposed of in accordance with 30 TAC Chapters 330 or 335, as applicable.
(4) Contractor Requirements and Oversight
a. Any contractors hired by the permittee to perform maintenance activities on
permittee-owned facilities must be contractually required to comply with all of
the stormwater control measures, good housekeeping practices, and facility-
specific stormwater management operating procedures described in Parts III
B.5.(b)(2)-(6).
b. All permittees shall provide oversight of contractor activities to ensure that
contractors are using appropriate control measures and SOPs. Oversight
procedures must be maintained on-site and made available for inspection by
TCEQ.
(5) Municipal Operation and Maintenance Activities
a. Assessment of permittee-owned operations
All permittees shall evaluate operation and maintenance (O&M) activities for
their potential to discharge pollutants in stormwater, including but not limited
to:
(i) Road and parking lot maintenance, including such areas as pothole
repair, pavement marking, sealing, and re-paving;
(ii) Bridge maintenance, including such areas as re-chipping, grinding, and
saw cutting;
(iii) Cold weather operations, including plowing, sanding, and application of
deicing and anti-icing compounds and maintenance of snow disposal
areas; and
(iv) Right-of-way maintenance, including mowing, herbicide and pesticide
application, and planting vegetation.
b. All permittees shall identify pollutants of concern that could be discharged
from the above O&M activities (for example, metals; chlorides; hydrocarbons
such as benzene, toluene, ethyl benzene, and xylenes; sediment; and trash).
c. All permittees shall develop and implement a set of pollution prevention
measures that will reduce the discharge of pollutants in stormwater from the
above activities. These pollution prevention measures may include the
following examples:
(i) Replacing materials and chemicals with more environmentally benign
materials or methods;
(ii) Changing operations to minimize the exposure or mobilization of
pollutants to prevent them from entering surface waters; and
(iii) Placing barriers around or conducting runoff away from deicing chemical
storage areas to prevent discharge into surface waters.
d. Inspection of pollution prevention measures - All pollution prevention
measures implemented at permittee-owned facilities must be visually
inspected to ensure they are working properly. The permittee shall develop
written procedures that describes frequency of inspections and how they will
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be conducted. A log of inspections must be maintained and made available for
review by the TCEQ upon request.
(6) Structural Control Maintenance
If BMPs include structural controls, maintenance of the controls must be
performed by the permittee and consistent with maintaining the effectiveness of
the BMP. The permittee shall develop written procedures that define the frequency
of inspections and how they will be conducted.
(c) Additional Requirements for Level 3 and 4 small MS4s:
In addition to the requirements described in Parts.B.5.(b)(1)-(6) above, permittees who
operate Level 3 or 4 small MS4s shall meet the following requirements:
(1) Storm Sewer System Operation and Maintenance
a. Permittees who operate Level 3 or 4 small MS4s shall develop and implement
an O&M program to reduce to the maximum extent practicable the collection
of pollutants in catch basins and other surface drainage structures.
b. Permittees who operate Level 3 or 4 small MS4s shall develop a list of
potential problem areas. The permittees shall identify and prioritize problem
areas for increased inspection (for example, areas with recurrent illegal
dumping).
(2) Operation and Maintenance Program to Reduce Discharges of Pollutants from
Roads
Permittees who operate Level 3 or 4 small MS4s shall implement an O&M program
that includes at least one of the following: a street sweeping and cleaning program,
or an equivalent BMP such as an inlet protection program, which must include an
implementation schedule and a waste disposal procedure. The basis for the
decision must be included in the SWMP. If a street sweeping and cleaning program
is implemented, the permittee shall evaluate the following permittee-owned and
operated areas for the program: streets, road segments, and public parking lots
including, but not limited to, high traffic zones, commercial and industrial
districts, sport and event venues, and plazas, as well as areas that consistently
accumulate high volumes of trash, debris, and other stormwater pollutants.
a. Implementation schedules – If a sweeping program is implemented, the
permittee shall sweep the areas in the program (for example, the streets,
roads, and public parking lots) in accordance with a frequency and schedule
determined in the permittee’s O&M program.
b. For areas where street sweeping is technically infeasible (for example, streets
without curbs), the permittee shall focus implementation of other trash and
litter control procedures, or provide inlet protection measures to minimize
pollutant discharges to storm drains and creeks.
c. Sweeper Waste Material Disposal – If utilizing street sweepers, the permittee
shall develop a procedure to dewater and dispose of street sweeper waste
material and shall ensure that water and material will not reenter the small
MS4.
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(3) Mapping of Facilities
Permittees who operate Level 3 or 4 small MS4s shall, on a map of the area
regulated under this general permit, identify where the permittee-owned and
operated facilities and stormwater controls are located.
(4) Facility Assessment
Permittees who operate Level 3 or 4 small MS4s shall perform the following facility
assessment in the regulated portion of the small MS4 operated by the permittee:
a. Assessment of Facilities’ Pollutant Discharge Potential - The permittee shall
review the facilities identified in Part III.B.5.(b) once per permit term for their
potential to discharge pollutants into stormwater.
b. Identification of high priority facilities - Based on the Part III.B.5.(c)(4)a.
assessment, the permittee shall identify as high priority those facilities that
have a high potential to generate stormwater pollutants and shall document
this in a list of these facilities. Among the factors that must be considered in
giving a facility a high priority ranking are the amount of urban pollutants
stored at the site, the identification of improperly stored materials, activities
that must not be performed outside (for example, changing automotive fluids,
vehicle washing), proximity to waterbodies, proximity to sensitive aquifer
recharge features, poor housekeeping practices, and discharge of pollutant(s)
of concern to impaired water(s). High priority facilities must include, at a
minimum, the permittee’s maintenance yards, hazardous waste facilities, fuel
storage locations, and any other facilities at which chemicals or other
materials have a high potential to be discharged in stormwater.
c. Documentation of Assessment Results - The permittee shall document the
results of the assessments and maintain copies of all site evaluation checklists
used to conduct the assessments. The documentation must include the results
of the permittee’s initial assessment, and any identified deficiencies and
corrective actions taken.
(5) Development of Facility Specific SOPs
Permittees who operate Level 3 or 4 small MS4s shall develop facility specific
stormwater management SOPs. The permittee may utilize existing plans or
documents that may contain the following required information:
a. For each high priority facility identified in Part III.B.5.(c)(4)b., the permittee
shall develop a SOP that identifies BMPs to be installed, implemented, and
maintained to minimize the discharge of pollutants in stormwater from each
facility.
b. A hard or electronic copy of the facility-specific stormwater management SOP
(or equivalent existing plan or document) must be maintained and be
available for review by the TCEQ. The SOP must be kept on site when possible
and must be kept up to date.
(6) Stormwater Controls for High Priority Facilities
Permittees who operate Level 3 or 4 small MS4s shall implement the following
stormwater controls at all high priority facilities identified in Part III.B.5.(c)(4)b. A
description of BMPs developed to comply with this requirement must be included
in each facility specific SOP:
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a. General good housekeeping – Material with a potential to contribute to
stormwater pollution must be sheltered from exposure to stormwater.
b. De-icing and anti-icing material storage - The permittee shall ensure, to the
MEP, that stormwater runoff from storage piles of salt and other de-icing and
anti-icing materials is not discharged; or shall ensure that any discharges from
the piles are authorized under a separate discharge permit.
c. Fueling operations and vehicle maintenance - The permittee shall develop
SOPs (or equivalent existing plans or documents) that address spill prevention
and spill control at permittee-owned and operated vehicle fueling, vehicle
maintenance, and bulk fuel delivery facilities.
d. Equipment and vehicle washing - The permittee shall develop SOPs that
address equipment and vehicle washing activities at permittee-owned and
operated facilities. The discharge of equipment and vehicle wash water to the
small MS4 or directly to receiving waters from permittee-owned facilities is
not authorized under this general permit. To ensure that wastewater is not
discharged under this general permit, the permittee’s SOP may include
installing a vehicle wash reclaim system, capturing and hauling the wastewater
for proper disposal, connecting to sanitary sewer (where applicable and
approved by local authorities), ceasing the washing activity, or applying for
and obtaining a separate TPDES permit.
(7) Inspections
Permittees who operate Level 3 or 4 small Ms4s shall develop and implement an
inspection program, which at a minimum must include periodic inspections of
high priority permittee-owned facilities. The results of the inspections and
observations must be documented and available for review by the TCEQ.
(d) Additional Requirements for Level 4 small MS4s:
In addition to all the requirements described in Parts III.B.5(b) and III.B.5.(c) above,
permittees who operate Level 4 small MS4s shall meet the following requirements:
(1) Pesticide, Herbicide, and Fertilizer Application and Management
a. Landscape maintenance - The permittee shall evaluate the materials used and
activities performed on public spaces owned and operated by the permittee
such as parks, schools, golf courses, easements, public rights of way, and other
open spaces for pollution prevention opportunities. Maintenance activities for
the turf landscaped portions of these areas may include mowing, fertilization,
pesticide application, and irrigation. Typical pollutants include sediment,
nutrients, hydrocarbons, pesticides, herbicides, and organic debris.
b. The permittee shall implement the following practices to minimize
landscaping-related pollutant generation with regard to public spaces owned
and operated by the permittee:
(i) Educational activities, permits, certifications, and other measures for the
permittee’s applicators and distributors.
(ii) Pest management measures that encourage non-chemical solutions where
feasible. Examples may include:
(a) Use of native plants or xeriscaping;
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(b) Keeping clippings and leaves out the small MS4 and the street by
encouraging mulching, composting, or landfilling;
(c) Limiting application of pesticides and fertilizers if precipitation is
forecasted within 24 hours, or as specified in label instructions;
(d) Reducing mowing of grass to allow for greater pollutant removal, but
not jeopardizing motorist safety.
c. The permittee shall develop schedules for chemical application in public
spaces owned and operated by the permittee that minimize the discharge of
pollutants from the application due to irrigation and expected precipitation.
d. The permittee shall ensure collection and proper disposal of the permittee’s
unused pesticides, herbicides, and fertilizers.
(2) Evaluation of Flood Control Projects
The permittee shall assess the impacts of the receiving water(s) for all flood control
projects. New flood control structures must be designed, constructed, and
maintained to provide erosion prevention and pollutant removal from stormwater.
The retrofitting of existing structural flood control devices to provide additional
pollutant removal from stormwater shall be implemented to the maximum extent
practicable.
6. Industrial Stormwater Sources
Permittees operating a Level 4 small MS4 shall include the requirements described below in
Part III. B.6(a) and (b) – this requirement is only applicable to Level 4 MS4s
(a) Permittees who operate Level 4 small MS4s shall identify and control pollutants in
stormwater discharges to the small MS4 from permittee’s landfills; other treatment,
storage, or disposal facilities for municipal waste (for example, transfer stations and
incinerators); hazardous waste treatment, storage, disposal and recovery facilities and
facilities that are subject to Emergency Planning and Community Right-to-Know Act
(EPCRA) Title III, Section 313; and any other industrial or commercial discharge the
permittee determines are contributing a substantial pollutant loading to the small MS4.
(b) The program must include priorities and procedures for inspections and for
implementing control measures for such industrial discharges.
7. Authorization for Construction Activities where the Small MS4 is the Site
Operator
The development of this MCM for construction activities, where the small MS4 is the site
operator, is optional and provides an alternative to the MS4 operator seeking coverage
under TPDES CGP, TXR150000 for each construction activity. Permittees that choose to
develop this measure will be authorized to discharge stormwater and certain non-
stormwater from construction activities where the MS4 operator meets the definition of a
construction site operator in Part I of this general permit.
When developing this measure, permittees are required to meet all requirements of, and be
consistent with, applicable effluent limitation guidelines for the Construction and
Development industry (40 CFR Part 450), TPDES CGP TXR150000, and Part III.B.3 of this
permit.
The authorization to discharge under this MCM is limited to the regulated area, such as the
portion of the small MS4 located within a UA or the area designated by TCEQ as requiring
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coverage. However, an MS4 operator may also utilize this MCM over additional portions of
their small 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, an 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 CGP, TXR150000, or under an individual TPDES permit.
This MCM is only available for projects where the small MS4 is a construction site operator
or owner, and the MCM does not provide any authorization for other construction site
operators at a municipal project.
Controls required under this MCM must be implemented prior to discharge from a
municipal construction site into surface water in the state.
The MCM must include:
(a) 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;
(b) A description of the area that this MCM will address and where the permittee’s
construction activities are covered (for example within the boundary of the urbanized
area, the corporate boundary, a special district boundary, an extra territorial
jurisdiction, or other similar jurisdictional boundary);
(c) 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 stormwater discharges;
(d) A general description of how a SWP3 will be developed for each construction site,
according to Part VI of this general permit, ”Authorization for Municipal Construction
Activities”; and
(e) Records of municipal construction activities authorized under this optional MCM, in
accordance with Part VI of this general permit.
Section C. General Requirements
Permittees shall provide information in the SWMP documenting the development and
implementation of the program. 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. If applicable, a list of all MS4 operators contributing to the development and
implementation of the SWMP, including a clear description of the contribution;
3. A list of all BMPs and measurable goals for each of the MCMs;
4. A schedule for the implementation of all SWMP requirements. The schedule must
include, as appropriate, the months and years in which the permittee will undertake
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required actions, including interim milestones and the frequency of the action
throughout the permit term.
5. A description of how each measurable goal will be evaluated; and
6. A rationale statement that addresses the overall program, including how the BMPs and
measurable goals were selected.
Part IV. Recordkeeping and Reporting
Section A. Recordkeeping
1. The permittee shall 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 (3) 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 shall 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 shall make the NOI and the SWMP available to the public at reasonable
times during regular business hours, if requested to do so in writing. Copies of the
SWMP must be made available within ten (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 may be instituted against the permittee.
Section B. Reporting
1. General Reporting Requirements
(a) Noncompliance Notification
According to 30 TAC § 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 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 appropriate 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:
(1) 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
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(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, the permittee shall promptly submit the facts or information to the
executive director.
2. Annual Report
The MS4 operator shall submit a concise annual report to the executive director within 90
days of the end of each reporting year. For the purpose of this section, the reporting year
may include either the permit year, the permittee’s fiscal year or the calendar year, as
elected by the small MS4 and notified to the TCEQ in the application submittal. The annual
report must address the previous reporting year.
The first reporting year for annual reporting purposes shall begin on the permit effective
date and shall last for a period of one (1) year (the end of the “permit year”). Alternatively, if
the permittee elects to report based on its fiscal year, the first reporting year will last until
the end of the fiscal year immediately following the issuance date of this permit. If the
permittee elects to report based on the calendar year, then the first reporting year will last
until December 31, 2019.
Subsequent calendar years will begin at the beginning of the first reporting year (which will
vary based on the previous paragraph) and last for one (1) year. The MS4 operator shall 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 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) A summary of the results of information collected and analyzed, during the reporting
period, including monitoring data used to assess the success of the program at reducing
the discharge of pollutants to the MEP;
(c) If applicable, a summary of any activities taken to address the discharge to impaired
waterbodies, including any sampling results and a summary of the small MS4s BMPs
used to address the pollutant of concern;
(d) A summary of the stormwater activities the MS4 operator plans to undertake during
the next reporting year;
(e) Proposed changes to the SWMP, including changes to any BMPs or any identified
measurable goals that apply to the program elements;
(f) Description and schedule for implementation of additional BMP’s that may be
necessary, based on monitoring results, to ensure compliance with applicable TMDLs
and implementation plans. For waters that are listed as impaired after discharge
authorization pursuant to Part II.D.4, include a list of such waters and the pollutant(s)
causing the impairment, and a summary of any actions taken to comply with the
requirements of Part II.D.4.b.;
(g) Notice that the MS4 operator is relying on another government entity to satisfy some of
its permit obligations (if applicable);
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(h) The number of construction activities where the small MS4 is the operator and
authorized under the 7th optional MCM, including the total number of acres disturbed;
and
(i) The number of construction activities that occurred within the jurisdictional area of the
small MS4 (as noticed to the permittee by the construction operator), and that were not
authorized under the 7th MCM.
MS4s authorized under the previous version of the permit must prepare an annual report
whether or not the NOI and SWMP have 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 NOI and SWMP, then the annual report may include that
information.
If permittees share a common SWMP, they shall contribute to and submit a single system-
wide report. Each permittee shall sign and certify the annual report in accordance with 30
TAC § 305.128 (relating to Signatories to Reports).
The annual report must be submitted with the appropriate TCEQ reporting forms if
available, or as otherwise approved by TCEQ.
The annual report must be submitted to the following address:
Texas Commission on Environmental Quality
Stormwater Team; MC - 148
P.O. Box 13087
Austin, Texas 78711-3087
A copy of the annual report must also be submitted to the TCEQ Regional Office that serves
the area of the regulated small MS4, except if the report is submitted electronically.
Effective December 21, 2020, annual reports must be submitted using the online electronic
reporting system available through the TCEQ website unless the permittee requests and
obtains an electronic reporting waiver.
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. It shall not be a defense for the permittee in an enforcement action that it would have
been necessary to halt or reduce the permitted activity in order to maintain compliance
with the conditions of this permit.
C. The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
D. 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 shall furnish to the executive director, upon
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request and within a reasonable timeframe, any information necessary for the executive
director to determine whether cause exists for modifying, revoking, suspending,
reissuing or terminating authorization under this general permit. Additionally, the
permittee shall provide to the executive director, upon request, copies of all records
that the permittee shall maintain as a condition of this general permit.
E. The permittee shall at all times properly operate and maintain all facilities and systems
of treatment and control (and related appurtenances) which are installed or used to
achieve compliance with the conditions of this permit and with the condition of the
permittee’s SWMP. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. Proper operation
and maintenance requires the operation of backup or auxiliary facilities or similar
systems, installed only when the operation is necessary to achieve compliance with the
conditions of this permit.
F. Inspection and entry shall be allowed under the TWC Chapters 26-28, Health and
Safety Code §§ 361.032-361.033 and 361.037, and 40 CFR §122.41(i). The statement in
TWC § 26.014 that commission entry of a 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.
G. The discharger is subject to administrative, civil, and criminal penalties, as applicable,
under the TWC, Chapters 26, 27, and 28, and the Texas Health and Safety Code,
Chapter 361 for violations including but not limited to the following:
1. Negligently or knowingly violating CWA, §§ 301, 302, 303, 306, 307, 308, 318, or
405, or any condition or limitation implementing any sections in a permit issued
under CWA, § 402; and
2. 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.
H. All reports and other information requested by or submitted to the executive director
must be signed by the person and in the manner required by 30 TAC § 305.128
(relating to Signatories to Reports).
I. Authorization under this general permit does not convey property or water rights of
any sort and does not grant any exclusive privilege.
J. The permittee shall implement its SWMP on any new areas under its jurisdiction that
are located in a UA 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 initial permit coverage.
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Part VI. Authorization for Municipal Construction Activities – Applicable only
if the 7th Optional MCM is selected
The MS4 operator may obtain authorization under TPDES CGP, TXR150000 to discharge
stormwater runoff from each construction activity performed by the MS4 operator that results
in a land disturbance of one (1) acre or more of land or less than one (1) acre of land, if the
construction activity is part of a larger common plan of development or sale that would disturb
one acre or more. Alternatively, the MS4 operator may develop the SWMP to include the
optional seventh (7th) stormwater MCM listed in Part III.B.7 of this general permit if the
eligibility requirements in Part VI.A. below are met.
If an MS4 operator decides to utilize this MCM, then the MS4 operator must include this MCM
in its SWMP submitted with the NOI 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 of this
general permit. If the permittee 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 small 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 stormwater MCM, the MS4 operator may apply
under TPDES CGP TXR150000 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).
Section 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 III.B.1. through III.B.6 of this general permit, related to MCMs.
Section B. Discharges Eligible for Authorization
1. Stormwater Associated with Construction Activity
Discharges of stormwater runoff from small and large construction activities may be
authorized under this general permit.
2. Discharges of Stormwater Associated with Construction Support Activities
Discharges of stormwater 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 one-mile distance from the boundary of the permitted
construction site and directly supports the construction activity;
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(b) A SWP3 is developed according to the provisions of this general permit and includes
appropriate controls and measures to control sediment and erosion and discharge of
pollutants in stormwater runoff from the supporting construction activity site;
(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; and
(d) Discharge of stormwater from concrete production facilities must meet the
requirements in Section E below
3. Non-Stormwater Discharges
The following non-stormwater discharges from construction sites authorized under this
general permit are also eligible for authorization under this MCM:
(a) Discharges from emergency 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) Uncontaminated fire hydrant flushings (excluding discharges of hyperchlorinated
water, unless the water is first dechlorinated and discharges are not expected to
adversely affect aquatic life), which include flushings from systems that utilize potable
water, surface water, or groundwater that does not contain additional pollutants
(uncontaminated fire hydrant flushings do not include systems utilizing reclaimed
wastewater as a source water);
(c) Water from the routine external washing of vehicles, the external portion of buildings
or structures, and pavement, where detergents and soaps are not used and where spills
or leaks of toxic or hazardous materials have not occurred (unless spilled materials
have been removed; and if local state, or federal regulations are applicable, the
materials are removed according to those regulations), and where the purpose is to
remove mud, dirt, or dust;
(d) Uncontaminated water used to control dust;
(e) Potable water sources including waterline flushings (excluding discharges of
hyperchlorinated water, unless the water is first dechlorinated and discharges are not
expected to adversely affect aquatic life);
(f) Uncontaminated 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.
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, provided the discharge
complies with the associated permit.
Section 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.
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Section D. Stormwater Pollution Prevention Plan (SWP3) Requirements
Operators of municipal construction activities that qualify for coverage under this general
permit and that discharge stormwater associated with construction activities into surface
water in the state 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 a TCEQ approved site notice 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.
Section E. Stormwater Runoff from Concrete Batch Plants
Discharges of stormwater runoff from concrete batch plants at regulated construction sites
may be authorized under the provisions of this general permit provided that the following
requirements are met for concrete batch plant(s) authorized under this permit. If discharges
of stormwater runoff from concrete batch plants are not covered under this general permit,
then discharges must be authorized under an alternative general permit or an individual
permit. This permit does not authorize the discharge or land disposal of any wastewater
from concrete batch plants at regulated construction sites. Authorization for these wastes
must be obtained under an individual permit or an alternative general permit.
1. Benchmark Sampling Requirements
(a) Operators of concrete batch plants authorized under this section must sample the
stormwater runoff from the concrete batch plants according to the requirements of this
section of the general permit, and must conduct evaluations of the effectiveness of the
SWP3 based on the following benchmark monitoring values:
Table 1. Benchmark Monitoring
Benchmark Parameters Benchmark
Value
Sampling
Frequency
Sample
Type
Oil and Grease (*1) 15 mg/L 1/quarter (*2)(*3) Grab (*4)
Total Suspended Solids (*1) 50 mg/L 1/quarter (*2)(*3) Grab (*4)
pH (*1) 6.0-9.0 S.U. 1/quarter (*2)(*3) Grab (*4)
Total Iron (*1) 1.3 mg/L 1/quarter (*2)(*3) Grab (*4)
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(*1) Analytical data intended for compliance with benchmark monitoring
requirements must be analyzed by a National Environmental Laboratory
Accreditation Program (NELAP) accredited laboratory based on state rules
located in 30 TAC Chapter 25. Analysis must be performed using sufficiently
sensitive methods for analysis that comply with the rules located in 40 CFR
§136.1(c) and 40 CFR §122.44(i)(1)(iv).
(*2) When discharge occurs. Sampling is required within the first 30 minutes of
discharge. If it is not practicable to take the sample, or to complete the
sampling, within the first 30 minutes, sampling must be completed within the
first hour of discharge. If sampling is not completed within the first 30
minutes of discharge, the reason must be documented and attached to all
required reports and records of the sampling activity.
(*3) Sampling must be conducted at least once during each of the following
periods. The first sample must be collected during the first full quarter that a
stormwater discharge occurs from a concrete batch plant authorized under
this general permit.
• January through March
• April through June
• July through September
• October through December
For projects lasting less than one full quarter, a minimum of one sample shall
be collected, provided that a stormwater discharge occurred at least once
following submission of the NOI.
(*4) A grab sample shall be collected from the stormwater discharge resulting
from a storm event that is at least 0.1 inches of measured precipitation that
occurs at least 72 hours from the previously measurable storm event. The
sample shall be collected downstream of the concrete batch plant, and where
the discharge exits any BMPs utilized to handle the runoff from the batch
plant, prior to commingling with any other water authorized under this
general permit.
(b) The permittee shall compare the results of sample analyses to the benchmark values
above, and must include this comparison in the overall assessment of the SWP3’s
effectiveness. Analytical results that exceed a benchmark value are not a violation of
this permit, as these values are not numeric effluent limitations. Results of analyses are
indicators that modifications of the SWP3 should be assessed and may be necessary to
protect water quality. The operator must investigate the cause for each exceedance and
must document the results of this investigation in the SWP3 by the end of the quarter
following the sampling event.
The operator’s investigation must identify the following:
(1) Any additional potential sources of pollution, such as spills that might have
occurred;
(2) Necessary revisions to good housekeeping measures that are part of the SWP3;
(3) Additional BMPs, including a schedule to install or implement the BMPs; and
(4) Other parts of the SWP3 that may require revisions in order to meet the goal of the
benchmark values.
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Background concentrations of specific pollutants may also be considered during the
investigation. If the operator is able to relate the cause of the exceedance to background
concentrations, then subsequent exceedances of benchmark values for that pollutant
may be resolved by referencing earlier findings in the SWP3. Background
concentrations may be identified by laboratory analyses of samples of stormwater run-
on to the permitted facility, by laboratory analyses of samples of stormwater run-off
from adjacent non-industrial areas, or by identifying the pollutant is a naturally
occurring material in soils at the site.
2. BMPs and SWP3 Requirements
Minimum Stormwater Pollution Prevention Plan (SWP3) Requirements - The following are
required in addition to other SWP3 requirements listed in this section:
(a) Description of Potential Pollutant Sources - The SWP3 must provide a description of
potential sources (activities and materials) that may reasonably be expected to affect
the quality of stormwater discharges associated with concrete batch plants authorized
under this permit. The SWP3 must describe practices that that will be used to reduce
the pollutants in these discharges to assure compliance with this general permit,
including the protection of water quality, and must ensure the implementation of these
practices. The following must be developed, at a minimum, in support of developing
this description:
(1) Drainage – The site map must include the following information:
a. The location of all outfalls for stormwater discharges associated with concrete
batch plants that are authorized under this permit;
b. A depiction of the drainage area and the direction of flow to the outfall(s);
c. Structural controls used within the drainage area(s);
d. The locations of the following areas associated with concrete batch plants that
are exposed to precipitation: vehicle and equipment maintenance activities
(including fueling, repair, and storage areas for vehicles and equipment
scheduled for maintenance); areas used for the treatment, storage, or disposal
of wastes listed in the TPDES CGP TXR150000; liquid storage tanks; material
processing and storage areas; and loading and unloading areas; and
e. The locations of the following: any bag house or other dust control device(s);
recycle or sedimentation pond, clarifier or other device used for the treatment
of facility wastewater (including the areas that drain to the treatment device);
areas with significant materials; and areas where major spills or leaks have
occurred.
(2) Inventory of Exposed Materials – A list of materials handled at the concrete batch
plant that may be exposed to stormwater and that have a potential to affect the
quality of stormwater discharges associated with concrete batch plants that are
authorized under this general permit.
(3) Spills and Leaks - A list of significant spills and leaks of toxic or hazardous
pollutants that occurred in areas exposed to stormwater and that drain to
stormwater outfalls associated with concrete batch plants authorized under this
general permit must be developed, maintained, and updated.
(4) Sampling Data - A summary of existing stormwater discharge sampling data must
be maintained, if available.
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(b) Measures and Controls - The SWP3 must include a description of management controls
to regulate pollutants identified in the SWP3’s “Description of Potential Pollutant
Sources” from Part VI.E.2.(a) of this permit, and a schedule for implementation of the
measures and controls. This must include, at a minimum:
(1) Good Housekeeping - Good housekeeping measures must be developed and
implemented in the area(s) associated with concrete batch plants.
a. Operators must prevent or minimize the discharge of spilled cement,
aggregate (including sand or gravel), settled dust, or other significant
materials from paved portions of the site that are exposed to stormwater.
Measures used to minimize the presence of these materials may include
regular sweeping or other equivalent practices. These practices must be
conducted at a frequency that is determined based on consideration of the
amount of industrial activity occurring in the area and frequency of
precipitation, and shall occur at least once per week when cement or aggregate
is being handled or otherwise processed in the area.
b. Operators must prevent the exposure of fine granular solids, such as cement,
to stormwater. Where practicable, these materials must be stored in enclosed
silos, hoppers or buildings, in covered areas, or under covering.
(2) Spill Prevention and Response Procedures - Areas where potential spills that can
contribute pollutants to stormwater runoff, and the drainage areas from these
locations, must be identified in the SWP3. Where appropriate, the SWP3 must
specify material handling procedures, storage requirements, and use of equipment.
Procedures for cleaning up spills must be identified in the SWP3 and made
available to the appropriate personnel.
(3) Inspections - Qualified facility personnel (for example, a person or persons with
knowledge of this general permit, the concrete batch plant, and the SWP3 related to
the concrete batch plant(s) for the site) must be identified to inspect designated
equipment and areas of the facility specified in the SWP3. The inspection frequency
must be specified in the SWP3 based upon a consideration of the level of concrete
production at the facility, but must be a minimum of once per month while the
facility is in operation. The inspection must take place while the facility is in
operation and must, at a minimum, include all areas that are exposed to
stormwater at the site, including material handling areas, above ground storage
tanks, hoppers or silos, dust collection or containment systems, truck wash down
and equipment cleaning areas. Follow-up procedures must be used to ensure that
appropriate actions are taken in response to the inspections. Records of inspections
must be maintained and be made readily available for inspection upon request.
(4) Employee Training - An employee training program must be developed to educate
personnel responsible for implementing any component of the SWP3, or personnel
otherwise responsible for stormwater pollution prevention, with the provisions of
the SWP3. The frequency of training must be documented in the SWP3, and at a
minimum, must consist of one training prior to the initiation of operation of the
concrete batch plant.
(5) Record Keeping and Internal Reporting Procedures - A description of spills and
similar incidents, plus additional information that is obtained regarding the quality
and quantity of stormwater discharges, must be included in the SWP3. Inspection
and maintenance activities must be documented and records of those inspection
and maintenance activities must be incorporated in the SWP3.
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(6) Management of Runoff - The SWP3 shall contain a narrative consideration for
reducing the volume of runoff from concrete batch plants by diverting runoff or
otherwise managing runoff, including use of infiltration, detention ponds, retention
ponds, or reusing of runoff.
(c) Comprehensive Compliance Evaluation – At least once per year, one (1) or more
qualified personnel (for example, a person or persons with knowledge of this general
permit, the concrete batch plant, and the SWP3 related to the concrete batch plant(s)
for the site) shall conduct a compliance evaluation of the plant. The evaluation must
include the following:
(1) Visual examination of all areas draining stormwater associated with regulated
concrete batch plants for evidence of, or the potential for, pollutants entering the
drainage system. These include but are not limited to: cleaning areas, material
handling areas, above ground storage tanks, hoppers or silos, dust collection or
containment systems, and truck wash down and equipment cleaning areas.
Measures implemented to reduce pollutants in runoff (including structural controls
and implementation of management practices) must be evaluated to determine if
they are effective and if they are implemented in accordance with the terms of this
permit and with the permittee’s SWP3. The operator shall conduct a visual
inspection of equipment needed to implement the SWP3, such as spill response
equipment.
(2) Based on the results of the evaluation, the following must be revised as appropriate
within two (2) weeks of the evaluation: the description of potential pollutant
sources identified in the SWP3 (as required in Part VI.E.2(a), “Description of
Potential Pollutant Sources”); and pollution prevention measures and controls
identified in the SWP3 (as required in Part VI.E.2.(b) “Measures and Controls”).
The revisions may include a schedule for implementing the necessary changes.
(3) The permittee shall prepare and include in the SWP3 a report summarizing the
scope of the evaluation, the personnel making the evaluation, the date(s) of the
evaluation, major observations relating to the implementation of the SWP3, and
actions taken in response to the findings of the evaluation. The report must identify
any incidents of noncompliance. Where the report does not identify incidences of
noncompliance, the report must contain a statement that the evaluation did not
identify any incidence(s), and the report must be signed according to 30 TAC
§305.128, relating to Signatories to Reports.
(4) The Comprehensive Compliance Evaluation may substitute for one of the required
inspections delineated in Part VI.E.2.(b)(3) of this general permit.
3. Prohibition of Wastewater Discharges
Wastewater discharges associated with concrete production including wastewater disposal
by land application are not authorized under this general permit. These wastewater
discharges must be authorized under an alternative TCEQ water quality permit or otherwise
disposed of in an authorized manner. Discharges of concrete truck washout at construction
sites may be authorized if conducted in accordance with the requirements of Part VI of this
general permit.
4. Concrete Truck Wash Out Requirements
This general permit authorizes the wash out of concrete trucks at construction sites
regulated under this section of the general permit, provided the following requirements are
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met. Authorization is limited to the land disposal of wash out water from concrete trucks.
Any other direct discharge of concrete production waste water must be authorized under a
separate TCEQ general permit or individual permit.
(a) Direct discharge of concrete truck wash out water to surface water in the state,
including discharge to storm sewers, is prohibited by this general permit.
(b) Concrete truck wash out water shall be discharged to areas at the construction site
where structural controls have been established to prevent direct discharge to surface
waters or to areas that have a minimal slope that allow infiltration and filtering of wash
out water to prevent direct discharge to surface waters. Structural controls may consist
of temporary berms, temporary shallow pits, temporary storage tanks with slow rate
release, or other reasonable measures to prevent runoff from the construction site.
(c) Wash out of concrete trucks during rainfall events shall be minimized. The direct
discharge of concrete truck wash out water is prohibited at all times, and the operator
shall insure that its BMPs are sufficient to prevent the discharge of concrete truck
washout as the result of rain.
(d) The discharge of wash out water shall not cause or contribute to groundwater
contamination.
(e) If a SWP3 is required to be implemented, the SWP3 shall include concrete wash out
areas on the associated map.
Section F. Effective Date of Coverage
Construction activities may not commence under this section until the MS4 NOI and SWMP
are approved in writing by the TCEQ. Following approval of the NOI and SWMP, operators
of construction activities eligible for coverage under this general permit are authorized to
discharge stormwater associated with construction activity immediately upon posting the
signed construction site notice required under this section.
Section 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.
Section 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 stormwater management plans;
and to local government officials.
Section I. Keeping Plans Current
The permittee shall amend the SWP3 whenever either of the following occurs:
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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.
Section J. Contents of SWP3
The SWP3 must include, at a minimum, the information described in this section.
1. Site Description
A site description, or project description, which must include:
(a) A description of the nature of the construction activity, potential pollutants and
sources;
(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) Locations of all major structural controls either planned or in place;
(4) Locations where temporary or permanent stabilization practices are expected to be
used;
(5) Locations of construction support activities, including off-site activities that are
authorized under the permittee’s NOI, including material, waste, borrow, fill, or
equipment storage areas;
(6) Surface waters (including wetlands) either at, adjacent, or in close proximity to the
site;
(7) Locations where stormwater discharges from the site directly to a surface water
body or a MS4; and
(8) Vehicle wash areas.
(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.
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2. Structural and non-structural controls
The SWP3 must describe the structural and the non-structural controls (BMPs) 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:
Erosion and Sediment Controls
(a) Erosion and sediment controls must be designed to retain sediment on-site to the
maximum extent practicable with consideration for local topography and rainfall.
(b) 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.
(c) Sediment must be removed from sediment traps and sedimentation ponds no later
than the time that design capacity has been reduced by 50 percent.
(d) 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.
(e) Controls must be developed to limit offsite transport of litter, construction debris, and
construction materials by stormwater 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 must
ensure that existing vegetation is preserved where possible.
(a) Stabilization practices may include but are not limited to: establishment of temporary
vegetation, establishment of permanent 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 immediately in portions of the site where
construction activities have temporarily or permanently ceased, and will not resume for
a period exceeding 14 calendar days, except as provided in (1) and (2) below.
(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
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conditions exist in arid areas, semiarid areas, and areas experiencing drought
conditions.
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) Sites with a drainage area of ten (10) or more acres:
(1) A sediment basin is required, where feasible, for a common drainage location that
serves an area with ten (10) or more acres disturbed at one time. A sedimentation
basin may be temporary or permanent, but must provide sufficient storage to
contain a calculated volume of runoff from a 2-year, 24-hour storm from each
disturbed acre drained. When calculating the volume of runoff from a 2-year, 24-
hour storm event, it is not required to include the flows from off-site areas and
flow from on-site 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. Capacity calculations must be included in the SWP3.
(2) Where rainfall data is not available or a calculation cannot be performed the
sedimentation basin must provide at least 3,600 cubic feet of storage per acre
drained until the site reaches final stabilization.
(3) If a sedimentation basin is not feasible, then the permittee shall provide equivalent
control measures until the site reaches final stabilization. In determining whether
installing a sediment basin is feasible, the permittee may consider factors such as
site soils, slope, available area, public safety, precipitation pattern, site geometry,
site vegetation, infiltration capacity, geotechnical factors, depth to groundwater,
and other similar considerations. The permittee shall document the reason that the
sediment basins are not feasible, and shall utilize equivalent control measures,
which may include a series of smaller sediment basins.
(4) Perimeter Controls – At a minimum, silt fences, vegetative buffer strips, or
equivalent sediment controls are required for all down slope boundaries of the
construction area, and for those side slope boundaries deemed appropriate as
dictated by individual site conditions.
(b) Controls for sites with drainage areas less than ten acres:
(1) Sediment traps and sediment basins may be used to control solids in stormwater
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
down slope boundaries of the construction area, and for those side slope
boundaries deemed appropriate as dictated by individual site conditions.
(2) Alternatively, a sediment basin that provides storage for a calculated volume of
runoff from a 2-year, 24-hour storm from each disturbed acre drained may be
utilized. Where rainfall data is not available or a calculation cannot be performed,
a temporary or permanent sediment basin providing 3,600 cubic feet of storage
per acre drained may be provided. If a calculation is performed, then the
calculation shall be included in the SWP3.
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5. Permanent Stormwater Controls
A description of any measures that will be installed during the construction process to
control pollutants in stormwater 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 stormwater 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 SWP3 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 stormwater 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. Effluent Limits
The federal Effluent Limitations Guidelines at 40 CFR § 450.21 apply to all regulated
construction activities under this 7th optional MCM, where the small MS4 is the operator.
8. Approved State and Local Plans
(a) The permittee shall ensure the SWP3 is consistent with requirements specified in
applicable sediment and erosion site plans or site permits, or stormwater 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
stormwater management site plans or site permits approved by state or local official for
whom the permittee receives written notice.
9. 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 stormwater controls. If maintenance prior to the next anticipated
storm event is impracticable, maintenance must be scheduled and accomplished as soon as
practicable.
10. Inspections of Controls
(a) Personnel provided by the permittee 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, discharge locations, and structural controls for evidence of, or
the potential for, pollutants entering the drainage system. Personnel conducting these
inspections must be knowledgeable of this general permit, familiar with the
construction site, and knowledgeable of the SWP3 for the site. Sediment and erosion
Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section J
Page 68
control measures identified in the SWP3 must be inspected to ensure that they are
operating correctly. Locations where vehicles enter or exit the site must be inspected
for evidence of off-site sediment tracking. Inspections must be conducted at least once
every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or
greater.
Where sites have been finally or temporarily stabilized or where runoff is unlikely due
to winter conditions (e.g. site is covered with snow, ice, or frozen ground exists),
inspections must be conducted at least once every month. In arid or semi-arid, or
drought-stricken areas, inspections must be conducted at least once every month and
within 24 hours after the end of a storm event of 0.5 inches or greater
As an alternative to the above-described inspection schedule of once every 14 calendar
days and within 24 hours of a storm event of 0.5 inches or greater, the SWP3 may be
developed to require that these inspections will occur at least once every seven (7)
calendar days. If this alternative schedule is developed, then the inspection must occur
on a specifically defined day, regardless of whether or not there has been a rainfall
event since the previous inspection.
The inspections may occur on either schedule provided that the SWP3 reflects the
current schedule and that any changes to the schedule are conducted in accordance
with the following provisions: the schedule may be changed a maximum of one time
each month, the schedule change must be implemented at the beginning of a calendar
month, and the reason for the schedule change must be documented in the SWP3 (e.g.,
end of “dry” season and beginning of “wet” season).
(b) Utility line installation, pipeline construction, and other examples of long, narrow,
linear construction activities may provide inspection personnel with limited access to
the areas described in Part VI.J.10(a) above. Inspection of these areas could require
that vehicles compromise temporarily or even permanently stabilized areas, cause
additional disturbance of soils, and increase the potential for erosion. In these
circumstances, controls must be inspected at least once every 14 calendar days and
within 24 hours of the end of a storm event of 0.5 inches, but representative
inspections may be performed. For representative inspections, personnel must inspect
controls along the construction site for 0.25 mile above and below each access point
where a roadway, undisturbed right-of-way, or other similar feature intersects the
construction site and allows access to the areas described in Part VI.J.10.(a) above. The
conditions of the controls along each inspected 0.25 mile portion may be considered as
representative of the condition of controls along that reach extending from the end of
the 0.25 mile portion to either the end of the next 0.25 mile inspected portion, or to the
end of the project, whichever occurs first.
As an alternative to the above-described inspection schedule of once every 14 calendar
days and within 24 hours of a storm event of 0.5 inches or greater, the SWP3 may be
developed to require that these inspections will occur at least once every seven (7)
calendar days. 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. The inspections may occur on either schedule provided
that the SWP3 reflects the current schedule and that any changes to the schedule are
conducted in accordance with the following provisions: the schedule may be changed a
maximum of one time each month, the schedule change must be implemented at the
beginning of a calendar month, and the reason for the schedule change must be
documented in the SWP3 (e.g., end of “dry” season and beginning of “wet” season).
Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section K
Page 69
(c) In the event of flooding or other uncontrollable situations that prohibit access to the
inspection sites, inspections must be conducted as soon as access is practicable.
(d) 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.
(e) A report summarizing the scope of the inspection, the date(s) 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 particular location; and locations where additional BMPs are needed.
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.
The report must be signed by the person and in the manner required by 30 TAC
§305.128 (relating to Signatories to Reports).
(f) The names and qualifications of personnel making the inspections for the permittee
may be documented once in the SWP3 rather than being included in each report.
11. Pollution Prevention Measures
The SWP3 must identify and ensure the implementation of appropriate pollution prevention
measures for all eligible non-stormwater components of the discharge.
Section K. Additional Retention of Records
The permittee shall 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 section, including copies of the construction
site notices.
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, ADOPTING A STORMWATER MANAGEMENT PROGRAM 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 stormwater management
program 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 stormwater management program 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 Stormwater
Management Program dated January 24, 2019, as required by the Texas Commission on
Environmental Quality (TCEQ) Phase II Municipal Stormwater Program, dated January 24,
2019, a copy of which is attached hereto and incorporated herein by reference.
SECTION 2. That the Mayor is 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 Stormwater Management Program.”
SECTION 3. That any other prior resolution of the City Council in conflict with the
provisions contained in this Resolution are hereby repealed and revoked.
SECTION 4. This Resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provide.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on
this the _______________ day of _______________, 2019.
APPROVED:
____________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
_____________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM :
__________________________________
ROBERT HAGER, CITY ATTORNEY
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4594
File ID: Type: Status: 2018-4594 Agenda Item Consent Agenda
1Version: Reference: In Control: Engineering
06/27/2019File Created:
Final Action: Stormwater Plan InterlocalFile Name:
Title: Consider approval of an Interlocal Agreement between the City of Coppell
and Northwest Dallas County Flood Control District to satisfy the
requirements of TCEQ Phase II storm water discharge compliance; and
authorizing the Mayor to sign.
Notes:
Agenda Date: 07/09/2019
Agenda Number: H.
Sponsors: Enactment Date:
Interlocal Agreement Memo.pdf, Interlocal Agreement
Exhibit.pdf, Stormwater Management Program.pdf,
Stormwater Management Program Interlocal
Agreement.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 07/09/2019City Council
Text of Legislative File 2018-4594
Title
Consider approval of an Interlocal Agreement between the City of Coppell and Northwest
Dallas County Flood Control District to satisfy the requirements of TCEQ Phase II storm water
discharge compliance; and authorizing the Mayor to sign.
Summary
Staff Recommendation:
The Public Works Department recommends approval.
Page 1City of Coppell, Texas Printed on 7/5/2019
Master Continued (2018-4594)
Goal Icon:
Sustainable City Government
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 7/5/2019
1
MEMORANDUM
To: Mayor and City Council
From: Mike Garza, P.E., Assistant Director of Public Works
Kent Collins, P.E., Director of Public Works
Date: July 9, 2019
Reference: Consider approval of an Interlocal Agreement between the City and Northwest
Dallas County Flood Control District to satisfy the requirements of TCEQ Phase
II Storm Water discharge compliance; and authorizing the Mayor to sign.
2030: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
General:
• This is a 5-year agreement.
• The original agreement was executed in 2008 and renewed in 2014.
• This is a combined storm water management plan with the flood control district.
• This is part of an unfunded mandate by TCEQ.
Introduction:
This agenda item corresponds to the approval of the Storm Water Management Program (SWMP)
also before you this evening. The original Interlocal agreement with the Northwest Dallas County
Flood Control District (NWDCFCD) for the combined storm water management plan was approved
by council in 2008 and again in 2014. This is an update to the agreement that occurs approximately
every five years.
Analysis:
This agreement brought to you tonight is to update that agreement to reflect the current permit
issued by the Texas Commission on Environmental Quality.
Both the City of Coppell and the Northwest Dallas County Flood Control District are obligated to
adopt a SWMP under the TCEQ requirements. The TCEQ regulations and our SWMP require both
the City and the NDCFCD to provide certain informational and participatory programs for residents
of the City or the District. The plan requires the City or District enforce ordinances aimed at
detecting illicit discharges to the storm water collection system. The plan also addresses storm
2
water runoff from development both during and after construction. Lastly, the plan addresses
pollution prevention from ongoing municipal operations.
Under this agreement we will produce one joint Storm Water Management Program, and the City of
Coppell will be responsible for the following minimum control measures:
1. Public Education and Outreach and Involvement
2. Illicit Discharge Detection and Elimination
3. Construction Site Storm Water Runoff Controls
4. Post-Construction Storm Water Management for New
Development/Redevelopment
5. Pollution Prevention and Good Housekeeping for Municipal Operations
Under this agreement each entity will be responsible for filing its own forms, applications, reports,
and any associated papers with the TCEQ to ensure compliance with any and all regulations related
to the joint plan. We will also each be responsible for the fifth minimum control measure which
deals with Pollution Prevention/Good Housekeeping for Municipal Operations.
Legal Review:
This agreement was reviewed by Robert Hager.
Fiscal Impact:
There is no fiscal impact of this agenda item.
Recommendation:
The Public Works Department recommends approval of this Interlocal Agreement.
1 INCH = FT.
0 5000
5000
2500
Area of Involvement Map
City of Coppell
Appendix A
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\AREA INVOLVMENT MAP
Created on: 20 December 2007 by Scott Latta
COPPELL CITY LIMIT
NORTHWEST DALLAS COUNTY
FLOOD CONTROL DISTRICT
STORMWATER MANAGEMENT PROGRAM
for
THE CITY OF COPPELL
In Association with
Northwest Dallas County
Flood Control District
July 2019
Prepared By:
Texas Firm Registration No. F -928
City of Coppell
Stormwater Management Program
Page i July 2019
Table of Contents
EXECUTIVE SUMMARY ................................................................................................. 1
1.0 PROGRAM DEVELOPMENT ................................................................................. 2
1.1 Background and Introduction ......................................................................................................... 2
1.2 Legal Authority ................................................................................................................................ 4
1.3 BMP Selection ................................................................................................................................ 5
1.4 Selection of Benchmark and Targeted Controls ........................................................................... 7
1.5 Evaluation and Reporting Requirements ....................................................................................... 9
2.0 MINIMUM CONTROL MEASURES ...................................................................... 10
2.1 Public Education, Outreach, and Involvement ............................................................................ 10
2.1.1 Permit Requirement ........................................................................................................................ 10
2.1.2 Public Education, Outreach, and Involvement Programs and BMPs ........................................... 11
2.1.3 Annual Reporting............................................................................................................................. 12
2.2 Illicit Discharge Detection and Elimination .................................................................................. 13
2.2.1 Regulatory Requirement ................................................................................................................. 13
2.2.2 Illicit Discharge Detection and Elimination Programs and BMPs.................................................. 15
2.2.3 Annual Reporting............................................................................................................................. 17
2.3 Construction Site Stormwater Runoff Controls ........................................................................... 18
2.3.1 Regulatory Requirement ................................................................................................................. 18
2.3.2 Construction Site Stormwater Controls Programs and BMPs ...................................................... 19
2.3.3 Annual Reporting............................................................................................................................ 20
2.4 Post Construction Stormwater Management for New Development/Redevelopment ............... 22
2.4.1 Regulatory Requirement ................................................................................................................. 22
2.4.2 Post Construction Stormwater Management for New Development/Redevelopment
Programs and BMPs ....................................................................................................................... 23
2.4.3 Annual Reporting............................................................................................................................. 24
2.5 Pollution Prevention/Good Housekeeping for Municipal Operations ......................................... 26
2.5.1 Regulatory Requirement ................................................................................................................. 26
2.5.2 Municipal Operations and Facilities Covered Under the SWMP .................................................. 28
2.5.3 Pollution Prevention/Good Housekeeping for Municipal Operations Programs and Best
Management Practices ................................................................................................................... 29
2.5.4 Annual Reporting............................................................................................................................. 30
2.6 Summary Tables of Best Management Practices and Targeted Controls ................................. 31
Appendix A Area of Involvement Map
Appendix B Storm Sewer Map
Appendix C Interlocal Agreement
Appendix D Resolution to Adopt the SWMP
Appendix E TPDES General Permit
City of Coppell
Stormwater Management Program
Page 1 July 2019
EXECUTIVE SUMMARY
The City of Coppell has developed a Stormwater Management Program (SWMP) as required for
coverage under the Texas Pollutant Discharge Elimination System (TPDES ) General Permit No.
TXR040000 (see Appendix E). The original permit was issued on August 13, 2007, and a subsequent
permit was issued on December 13, 2013. A new permit was issued on January 24, 2019, and this new permit
supersedes and replaces the previous permit. The SWMP includes a listing of Best Management
Practices (BMPs) that will be implemented by the City to work towards the regulatory standard of
reducing pollutants in the City’s stormwater to the “maximum extent practicable” (MEP). Existing
City of Coppell stormwater programs and activities designed to protect the City’s water quality
will be supplemented with new BMP activities as needed. Measurable goals and an implementation
schedule were developed for each of the BMPs in the SWMP. BMPs, measurable goals, and the
implementation schedule were selected based upon their ability to meet specific permit
requirements and to reduce pollutants in the City’s stormwater to the maximum extent practicable.
They were also selected based upon a general assessment of BMP effectiveness, applicability to
the City of Coppell, and costs associated with implement ation of the BMPs. Effectiveness of the
selected BMPs and success in achieving the selected measurable goals will continue to be reviewed
annually. This SWMP, dated July 2019, revises the provisions of the former Stormwater
Management Program, dated May 2014. Revisions were made to meet new permit requirements,
and changes were made based on the implementation process of BMPs during the previous permit
term.
City of Coppell
Stormwater Management Program
Page 2 July 2019
1.0 PROGRAM DEVELOPMENT
1.1 BACKGROUND AND INTRODUCTION
The City of Coppell was incorporated in 1955. It covers 14.7 square miles and is located at Latitude
32° 58' 10" and Longitude 96° 59' 35". The topography is relatively flat with ground elevations
ranging from approximately 420 feet above mean sea level to 550 feet above mean se a level. As
seen in the Area of Involvement Map 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 drain
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 D istrict contains approximately 610 acres and
is located fully within the City limits of Coppell as shown on the map in Appendix A. The Denton
County Levee Improvement District No. 1 contains approximately 940 acres, with roughly 60
acres located in the Cit y of Coppell. These Districts were created to provide flood protection to the
area to allow for development of property within the District and to guide the necessary
maintenance in the floodplain.
According to the 2010 U.S. Census Bureau urbanized area map, all of the City is within the
designated Denton-Lewisville Urbanized Area. The City is required to submit a Stormwater
Management Program (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. The NDCFCD is also
required to submit a SWMP that covers the floodplain and drainage areas under its control. The
SWMP encompasses all areas of the City and the NDCFCD.
On August 13th, 2007, the Texas Commission on Environmental Quality (TCEQ) issued TPDES
General Permit No. TXR040000 under the Texas Pollutant Discharge Elimination System
(TPDES). A subsequent permit was issued on December 13, 2013. A new permit was issued on
January 24, 2019 (See Appendix E), and this new permit supersedes and replaces the previous
permit. The permit authorizes Small Municipal Separate Storm Sewer Systems (MS4s) and MS4s
located in an urbanized area, to discharge stormwater and certain non-stormwater discharges from
their storm sewer system. The new permit divides MS4 operators into four levels based on
population served within the 2010 urbanized area. The City of Coppell is designated as a Level 2
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.
City of Coppell
Stormwater Management Program
Page 3 July 2019
A copy of the Interlocal 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 C.
This document outlines the City of Coppell and the NDCFCD’s program to develop, implement,
and enforce the SWMP. The program is designed to prevent pollution in stormwater to the
maximum extent practicable and effectively prohibit illicit discharges to the system. The effective
SWMP addresses the five Minimum Control Measures (MCMs) 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) stormwater workshops during 2001 and 2002 prior to
selecting the BMPs for the initial program. The City evaluated the BMPs selected for the initial
SWMP to determine the most applicable, effective, and cost -effective BMPs for the revised
SWMP in 2013 and again in 2019. The City has adapted or replaced BMPs that have been
problematic or ineffective in the past, as indicated in the annual reports submitted to the TCEQ.
Additional BMPs, called Targeted Controls, have been added to address the concern of bacteria
impairment of the Trinity River watershed. The BMPs have been re-categorized and renumbered
since the initial SWMP to match the new minimum control measures (MCMs) as specified by the
TCEQ in the TPDES General Permit. 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.
City of Coppell
Stormwater Management Program
Page 4 July 2019
1.2 LEGAL AUTHORITY
The Coppell City Council adopted the initial SWMP through a resolution on January 22, 2008. A
subsequent SWMP was adopted by the Coppell City Council through a resolution on May 27,
2014. The Coppell City Council adopted this current SWMP through a resolution on July 9, 201 9.
A copy of the resolution is located in Appendix D.
The City of Coppell manages runoff issues through an ordinance to authorize a stormwater
management program. The City, through adoption of Ordinance 2004-1070 has 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. The City, through adoption
Article 15, Chapter 15-15 of Ordinance 2012-1312 has regulated discharges into the Municipal
Separate Storm Sewer System (MS4) and surface water within the City of Coppell, Texas. Entitled
"Stormwater Quality Management and Illicit Discharge Code", Article 15-15 is in compliance with
TCEQ Rules and Regulations for MS4s, and will be enforced as such.
City of Coppell
Stormwater Management Program
Page 5 July 2019
1.3 BMP SELECTION
The TPDES General Permit issued by the TCEQ on January 24th of 2019 lists five (5) required
Minimum Control Measures (MCMs) to be implemented by the owner and operator of a Level 2
Small MS4. The MCMs are as follows:
1. Public Education, Outreach, and Involvement
2. Illicit Discharge Detection and Elimination
3. Construction Site Stormwater Runoff Control
4. Post Construction Stormwater Management in New Development and Redevelopment
5. Pollution Prevention and Good Housekeeping for Municipal Operations
The program outlines the Minimum Control Measures to prevent stormwater pollution as required
by the TPDES General Permit. The program 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 Section 2.6 of the SWMP, following the descriptions of each MCM in Sections
2.1-2.5. The tables outline the implementation schedule over the 5 -year permit term. Unless
otherwise specified, the implementation schedule is to be completed by December 31 st of each
permit year.
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 existing BMPs and/or the addition of one or more BMPs, denoted by a plus sign
(+).
• Identifies the Targeted Controls (bacteria-focused BMPs) that aim to reduce bacteria
loading in surface waters, denoted by an asterisk (*). Targeted Controls BMPs are
described in Table 7.
• 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.
Key City of Coppell ordinances and guidance that may be affected by the Stormwater Management
Program are:
• Subdivision Ordinance (Ordinance No. 94643)
• Erosion and Sedimentation Control Code Ordinance (Ordinance No. 91514)
• Comprehensive Zoning Ordinance (Ordinance No. 91500)
• Storm Drainage Design Criteria (Referred to in Ordinance No. 94643)
• Standard Construction Details Code (Ordinance No. 94646)
• Floodplain Management Ordinance (Ordinance No. 2001-952)
• Stormwater Quality Management and Illicit Discharge Code (Ordinance No. 2012-1312)
City of Coppell
Stormwater Management Program
Page 6 July 2019
The above referenced ordinances and guida nce may need revising to address elements of the new
Stormwater Management Program.
City of Coppell
Stormwater Management Program
Page 7 July 2019
1.4 SELECTION OF BENCHMARK AND TARGETED CONTROLS
In 2006, the Texas Commission on Environmental Quality (TCEQ) first identified that a total
maximum daily load (TMDL) was necessary for Cottonwood Branch within the City of Irving and
Grapevine Creek within the City of Coppell, where concentrations of indicator bacteria exceeded
the criteria used to evaluate attainment of the contact recreation use. The impairments were
included in the 2006 version of the Texas Water Quality Inventory and 303(d) List . The
impairments were included in the 2014 Texas Integrated Report of Surface Water Quality which
satisfies the requirements of the federal Clean Water Act Sections 305(b) and 303(d). The 2014
lists of impaired waters were adopted by the Commission on June 3, 2015 and approved by the
EPA on November 19, 2015. Grapevine Creek (Segment 0822B) is an urban creek, running
through the City of Coppell, and is a tributary to the Elm Fork Trin ity River south of Lake
Lewisville. The Implementation Plan for Twenty-One Total Maximum Daily Loads for Bacteria
in the Greater Trinity River Region (commonly known as the Implementation Plan or I-Plan),
approved by the TCEQ on December 11, 2013, describes the steps watershed stakeholders and the
TCEQ will take toward achieving pollutant reductions in these surface waters. Some BMPs
incorporate the Implementation Strategies described in the I - Plan.
The City of Coppell is located within the watershed for Grapevine Creek (Segment 0822B_01),
which is an impaired water body with a Total Maximum Daily Load (TMDL) associated with it
for bacteria. Because of this, the City must meet requirements in Part II.D.4 of the general permit
for "Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements". A
benchmark must be determined along with targeted controls to address implementation towards
reducing bacteria levels.
"Implementation Plan for Twenty-One Total Maximum Daily Loads for Bacteria in the Greater
Trinity River Region" was developed to address steps toward reducing bacteria levels within the
Trinity River Region. The original implementation plan (I-Plan) was approved by the TCEQ on
December 11, 2013, and addresses impleme ntation strategies for reducing bacteria levels in the
watershed. The I-Plan was revised by the TMDL Coordination Committee, stakeholders within
the TMDL, on June 15, 2017. The TMDL Coordination Committee periodically assess the I -Plan
for efficiency and e ffectiveness of the implementation strategies.
The City of Coppell is located in Assessment Unit 0822B_01. The location of the City of Coppell
and the known bacterial threats posed to Grapevine Creek were taken into account for the
determination of BMPs included in this SWMP.
The TCEQ determines whether water quality in a water body meets the primary contact recreation
use by measuring the levels of indicator bacteria. E. coli are the preferred indicator bacteria for
assessment for recreational use in fresh water and were used for analysis to support total maximum
daily load (TMDL) development on water bodies in the Greater Trinity River region.
In accordance with the general permit requirements, a benchmark must be determined.
Benchmarks are designed to assist in determining if the BMPs established are effective in
addressing the pollutant of concern in stormwater discharges from the MS4 to the maximum extent
practicable. The benchmark is intended to be a guideline for evaluating progress towards reducing
pollutant discharges.
City of Coppell
Stormwater Management Program
Page 8 July 2019
The City has elected to use the Waste Load Allocations (WLA) identified in the I -Plan as shown
in Table 1 to determine a benchmark. All loads are expressed as billion MPN/day, where MPN
represents the most probable number
Table 1. TMDL Allocations for the Impaired Assessment Unit within Coppell, Texas
Assessment Unit Segment Name TMDL WLA WWTF b WLASW c LAUSL MOSd FGe
0822B_01 Grapevine Creek 196.22 0.00 157.60 28.34 9.81 0.46
aWLAWWTF = waste load allocation for wastewater treatment facilities
bWLASW = waste load allocation for permitted stormwater
cLAUSL = upstream load application entering the assessment unit
dMOS = Margin of safety load
eFG = future growth loads
The waste load allocation for permitted stormwater (WLASW) will serve as the benchmark for each
stream. The benchmark for Grapevine Creek is 157.60 MPN/day.
The City must also identify an assessment plan to monitor progress as well as Targeted Controls
as a part of the SWMP. Targeted controls are BMPs with measur able goals focused specifically
on bacteria as the pollutant of concern.
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Stormwater Management Program
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1.5 EVALUATION AND REPORTING REQUIREMENTS
The selected measurable goals for each BMP will be evaluated on an annual basis and documented
in the annual report. The City has elected to use the calendar year for the annual reporting year.
The City of Coppell, in association with the NDCFCD, will submit a concise annual report for
each year. 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.
Progress toward the selected TMDL benchmark will also be evaluated on an annual basis. A
qualitative approach will be used by the City to evaluate program implementation measures on an
annual basis. The City will assess progress by using program implementation indicators that could
include evaluations such as:
• Number of sources identified or eliminated
• Decrease in number of illegal dumping
• Increase in illegal dumping reporting
• Number of educational opportunities conducted
• Reductions in sanitary sewer overflows (SSOs)
• Increase in illegal discharge detection through dry screening
If no progress towards the benchmark either from program implementation or water quality
assessments is observed by the end of the third year from the effective date of the permit, the City
will need to identify alternative focused BMPs to address new or increased efforts towards the
benchmark. If appropriate, the City will develop a new approach to identify the most significant
sources of bacteria and will develop alternative focused BMPs for those.
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2.0 MINIMUM CONTROL MEASURES
2.1 PUBLIC EDUCATION, OUTREACH, AND INVOLVEMENT
2.1.1 Permit Requirement
Specific Requirements as stated in the General Permit for Level 2 Small MS4s:
a) Public Education and Outreach
1) All permittees shall develop, implement, and maintain a comprehensive stormwater
education and outreach program to educate public employees, businesses, and the
general public of hazards associated with the illegal discharges and improper disposal
of waste and about the impact that stormwater discharges can have on local waterways,
as well as the steps that the public can take to reduce pollutants in stormwater.
Existing permittees shall assess program elements that were described in the previous
permit, modify as necessary, and develop and implement new elements, as necessary,
to continue reducing the discharge of pollutants from the MS4 to the MEP. New
elements must be fully implemented by the end of this permit term and newly regulated
permittees shall have the program fully implemented by the end of this permit term.
The program must, at a minimum:
(a) Define the goals and objectives of the program based on high priority
community-wide issues (for example, reduction of nitrogen in discharges from
the small MS4, promoting previous techniques used in the small MS4, or
improving the quality of discharges to the Edwards Aquifer);
(b) Identify the target audience(s);
(c) Develop or utilize appropriate educational materials, such as printed materials,
billboard and mass transit advertisements, signage at select locations, radio
advertisements, television advertisements, and websites;
(d) Determine cost effective and practical methods and procedures for distribution
of materials.
2) Throughout the permit term, all permittees shall make the educational materials
available to convey the program's message to the target audience(s) at least annually.
3) If the permittee has a public website, the permit tee shall post its SWMP and the annual
reports required under Part IV.B.2. or a summary of the annual report on the permittee’s
website. The SWMP must be posted no later than 30 days after the approval date, and
the annual report no later than 30 days after the due date.
4) All permittees shall annually review and update the SWMP and MCM implementation
procedures required by Part III.A.2, as necessary. Any changes must be reflected in the
annual report. Such written procedures must be maintained, either on site or in the
SWMP and made available for inspection by the TCEQ.
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5) MS4 operators may partner with other MS4 operators to maximize the program and
cost effectiveness of the required outreach.
b) Public Involvement
All permittees shall involve the public, and, at a minimum, comply with any state and local
public notice requirements in the planning and implementation activities related to
developing and implementing the SWMP, except that correctional facilities are not
required to implement this po rtion of the MCM.
Existing permittees shall assess program elements that were described in the previous
permit, modify as necessary, and develop and implement new elements, as necessary, to
continue reducing the discharge of pollutants from the MS4 to the MEP. New elements
must be fully implemented by the end of this permit term and newly regulated permittees
shall have the program fully implemented by the end of this permit term. At a minimum,
all permittees shall:
1) Consider using public input (for example, the opportunity for public comment, or
public meetings) in the implementation of the program;
2) Create opportunities for citizens to participate in the implementation of control
measures, such as stream clean-ups, storm drain stenciling, volunteer monitoring,
volunteer "Adopt-A-Highway" programs, and educational activities;
3) Ensure the public can easily find information about the SWMP.
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Stormwater Management Program
Page 12 July 2019
2.1.2 Public Education, Outreach, and Involvement Programs and BMPs
The goals and o bjectives of this MCM are to educate the residents of the City of Coppell through
educational and outreach programs, and explain how residents can be involved in the efforts of
this stormwater management program. The City is currently providing public education, outreach,
and involvement programs associated with stormwater issues to residents in the following ways:
The public was invited to participate in the development of the initial SWMP. An article detailing
the SWMP was posted on the City of Coppell webpage in November 2002. The article informed
readers about the upcoming regulations and the original 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. Both meetings were open to the public and provided an opportunity to discuss various
viewpoints and provide input concerning appropriate stormwater management policies and BMPs.
The SWMP was revised in May 2014 to meet new requirements for the permit issued on December
13, 2013. The revised SWMP was approved by the City Council on May 27, 2014. The new
finalized SWMP was presented to the City Council on July 9, 2019 and adopted by the City.
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 common daily
activities, such as illegal dumping and yard care, which 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.
The public will be included in continued development, review, and implementation of the SWMP.
The City of Coppell implements BMPs that promote public education, outreach, and involvement.
The list of Best Management Practices, BMP Description, Person Responsible for the BMP,
Implementation Schedule, and Measurable Goals are available in Tab le 2.
2.1.3 Annual Reporting
The City of Coppell will document all of the SWMP activities pertaining to Public Education,
Outreach, and 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 handouts from the Texas SmartScape
classes.
• Visitor counts for the Coppell Community Gardens.
• Documentation from the “Keep Coppell Beautiful Committee” meetings.
• Documentation of stormwater related faxes and information associated with the
information hotline, as well as written transcripts of any stormwater related messages left
by callers.
• Count of the number of storm drain markers placed on residential inlets.
• Documentation of the City Desk Newsletters containing stormwater information.
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Stormwater Management Program
Page 13 July 2019
• Summary of the web page containing stormwater information.
• Documentation of announcements, agendas and minutes from all public hearings and
meetings pertaining to stormwater 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
stormwater management along with documentation of the City Staff’s response.
• Documentation of review of bacteria-specific public education materials.
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Stormwater Management Program
Page 14 July 2019
2.2 ILLICIT DISCHARGE DETECTION AND ELIMINATION
2.2.1 Regulatory Requirement
Specific Requirements as stated in the General Permit for Level 2 Small MS4s:
(a) Program Development
(1) All permittees shall develop, implement , and enforce a program to detect, investigate, and
eliminate illicit discharges into the small MS4. The program must include a plan to detect
and address non-stormwater discharges, including illegal dumping to the MS4 system.
Existing permittees must assess program elements that were described in the previous
permit, modify as necessary, and develop and implement new elements, as necessary, to
continue reducing the discharge of pollutants from the MS4 to the MEP. New elements
must be fully implemented by the end of this permit term and newly re gulated permittees
shall have the program fully implemented by the end of this permit term (See also Part
III.A.1(c)).
The Illicit Discharge Detection and Elimination (IDDE) program must include the
following:
a. An up-to-date MS4 map (see Part III.B.2.(c)(1));
b. Methods for informing and training MS4 field staff (See Part III.B.2.(c)(2));
c. Procedures for tracing the source of an illicit discharge (see Part III. B.2.(c)(5));
d. Procedures for removing the source of the illicit discharge (see Part III.B.2.(c)(5));
e. For Level 2, 3 and 4 small MS4s, if applicable, procedures to prevent and correct any
leaking on-site sewage disposal systems that discharge into the small MS4;
f. For Level 4 small MS4s, procedures for identifying priority areas within the small MS4
likely to have illicit discharges, and a list of all such areas identified in the small MS4
(See Part III.B.2.(e)(1));
g. For Level 4 small MS4s, field screening to detect illicit discharges (See Part
III.B.2.(e)( 2)); and
h. For Level 4 small MS4s, procedures to reduce the discharge of floatables in the MS4.
(See Part III.B.2.(e)(3).
(2) For non-traditional small MS4s, if illicit connections or illicit discharges are observed
related to another operator’s MS4, the permittee shall notify the other MS4 operator within
48 hours of discovery. If notification to the other MS4 operator is not practicable, then the
permittee shall notify the appropriate TCEQ Regional Office of the possible illicit
connection or illicit discharge.
(3) If another MS4 operator notifies the permit tee of an illegal connection or illicit discharge
to the small MS4, then the permittee shall follow the requirements specified in Part
III.B.2.(c)(3).
(4) All permittees shall annually review and update as necessary, the SWMP and MCM
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Stormwater Management Program
Page 15 July 2019
implementation procedures required by Part III.A.2. Any changes must be reflected in the
annual report. Such written procedures must be maintained, either on site or in the SWMP
and made available for inspection by the TCEQ.
(b) Allowable Non-Stormwater Discharges
Non-stormwater flows listed in Part II.C do not need to be considered by the permittee as an illicit
discharge requiring elimination unless the permittee or the TCEQ identifies the flow as a significant
source of pollutants to the small MS4.
(c) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.2(c)(1)-(6)
(1) MS4 mapping
All permittees shall maintain an up-to-date MS4 map, which must be located on site and
available for review by the TCEQ. The MS4 map must show at a minimum the following
information:
a. The location of all small MS4 outfalls that are operated by the permittee and that
discharge into waters of the U.S;
b. The location and name of all surface waters receiving discharges from the small MS4
outfalls; and
c. Priority areas identified under Part III.B.2.(e)(1), if applicable.
(2) Education and Training
All permittees shall implement a method for informing or training all the permittee’s field
staff that may come into contact with or otherwise observe an illicit discharge or illicit
connection to the small MS4 as part of their normal job responsibilities. Training program
materials and attendance lists must be maintained on site and made available for review by
the TCEQ.
(3) Public Reporting of Illicit Discharges and Spills
All permittees shall publicize and facilitate public reporting of illicit discharges or water
quality impacts associated with discharges into or from the small MS4. The permittee shall
provide a central contact point to receive reports; for example by including a phone number
for complaints and spill reporting.
(4) All permittees shall develop and maintain on-site procedures for responding to
illicit discharges and spills.
(5) Source Investigation and Elimination
a. Minimum Investigation Require ments – Upon becoming aware of an illicit discharge,
all permittees shall conduct an investigation to identify and locate the source of such
illicit discharge as soon as practicable.
(i) All permittees shall prioritize the investigation of discharges based on their relative
risk of pollution. For example, sanitary sewage may be considered a high priority
discharge.
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(ii) All permittees shall report to the TCEQ immediately upon becoming aware of the
occurrence of any illicit flows believed to be an immediate threat to human health
or the environment.
(iii) All permittees shall track all investigations and document, at a minimum, the date(s)
the illicit discharge was observed; the results of the investigation; any follow -up of
the investigation; and the date the investigation was closed.
b. Identification and Investigation of the Source of the Illicit Discharge –All permittees
shall investigate and document the source of illicit discharges where the permittees
jurisdiction to complete such an investigation. If the source of illic it discharge extends
outside the permittee’s boundary, all permittees shall notify the adjacent permitted MS4
operator or the appropriate TCEQ Regional Office according to Part III.A.3.b.
c. Corrective Action to Eliminate Illicit Discharge
If and when the source of the illicit discharge has been determined, all permittees shall
immediately notify the responsible party of the problem, and shall require the
responsible party to perform all necessary corrective actions to eliminate the illicit
discharge.
(6) Inspections – The permittee shall conduct inspections, in response to complaints, and shall
conduct follow-up inspections to ensure that corrective measures have been implemented
by the responsible party.
The permitt ee shall develop written procedures describing the basis for conducting
inspections in response to complaints and conducting follow-up inspections.
2.2.2 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:
Anti-Litter Regulations).
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 immediat ely remove the same or cause it to be removed (Ord. No. 92559:
Anti-Litter Regulations).
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Stormwater Management Program
Page 17 July 2019
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: Anti-Litter Regulations)
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: Animal Services).
5. Unless authorized by the Texas Commission on Environmental Quality (TCEQ), 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: Industrial Waste and Sewer Use Regulations).
6. The City of Coppell will establish a schedule of drainage charges against all real property
in the city subject to charges under Sections 402.041, et seq. of Subchapter C of Chapter
402 of the TEXAS LOCAL GOVERNMENT CODE. The City will provide drainage for
all real property within the city on payment of drainage charges, except such real property
which may be exempted therefrom as authorized by law. The City will offer such drainage
service on nondiscriminatory, reasonable and equitable terms (Ord. No. 2004-1070:
Municipal Drainage Utility Systems).
7. The City of Coppell shall comply with, enforce, and adopt all applicable Federal
regulations pertaining to stormwater discharges from regulated small MS4's. The
ordinance is in compliance with all applicable Federal laws including the Clean Water act
and the National Pollutant Discharge Elimination System (NPDES) regulations, and all
Texas Pollutant Discharge Elimination System (TPDES) permits and requirements which
control discharges of pollutants to surface waters (Ord. No. 2012 -1312: Stormwater
Quality Management and Illicit Discharge Code).
The Engineering Department, Environmental Hea lth Division, Building Inspections Department,
and the Police Department enforce the above mentioned laws and ordinances that protect the
stormwater 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-Stormwater Discharges: The City of Coppell understands that there are allowable
non-stormwater discharges that enter the storm sewer and drainage systems. At present, the City
will only allow the non- stormwater discharges listed in Part II.C of the TPDES General Permit
(copy located in Appendix E) to be excluded as an illicit discharge. Any other non-stormwater
discharge will be considered for exclusion as an illicit discharge on a case-by-case basis.
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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 are 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.
The City of Coppell implements BMPs that promote illicit discharge detection and elimination.
The list of Best Management Practices, BMP Description, Person Responsible for the BMP,
Implementation Schedule, and Measurable Goals are available in Table 3.
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Stormwater Management Program
Page 19 July 2019
2.2.3 Annual Reporting
The Cit y of Coppell will document all of the SWMP activities pertaining 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 co mpleted and submitted Water Quality Observation Cards.
• Documentation of any Ordinance or Ordinance Revisions regarding enforcement of
stormwater 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 t hat was considered and accepted on a case-by-case basis.
• General descriptions of modifications and updates to the storm sewer map.
• Documentation of citizen complaints received and addressed through the hotline, and the
number of corrective actions taken.
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Stormwater Management Program
Page 20 July 2019
2.3 CONSTRUCTION SITE STORMWATER RUNOFF CONTROL
2.3.1 Regulatory Requirement
Specific Requirements as stated in the General Permit for Level 2 Small MS4s:
(a) Requirements and Control Measures
(1) All permittees shall develop, implement, and enforce a program requiring operators of small
and large construction activities, as defined in Part I of this general permit, to select, install,
implement, and maintain stormwater control measures that prevent illicit discharges to the
MEP. The program must include the development and implementation of an ordinance or
other regulatory mechanism, as well as sanctions to ensure compliance to the extent
allowable under state, federal, and local law, to require erosion and sediment control.
Existing permittees shall assess program elements that were described in the previous
permit, modify as necessary, and develop and implement new elements, as necessary, to
continue reducing the discharge of pollutants from the MS4 to the MEP. New elements
must be fully implemented by the end of this permit term and newly regulated permittees
shall have the program fully implemented by the end of this permit term.
If TCEQ waives requirements for stormwater discharges associated with small
construction from a specific site(s), the permittee is not requir ed to enforce the program to
reduce pollutant discharges from such site(s).
(b) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.3(b)(1)-(7)
(1) All permittees shall annually review and update as necessary, the SWMP and MCM
implementation procedures required by Part III.A.2. Any changes must be included in the
annual report. Such written procedures must be maintained on site or in the SWMP and
made available for inspection by the TCEQ.
(2) All permittees shall require that construction site operators implement appropriate erosion
and sediment control BMPs. The permittee’s construction program must ensure the
following minimum requirements are effectively implemented for all small and large
construction activities discharging to its small MS4.
a. Erosion and Sediment Controls - Design, install and maintain effective erosion controls
and sediment controls to minimize the discharge of pollutants.
b. Soil Stabilization - Stabilization of disturbed areas must, at a minimum, be initiated
immediately whenever any clearing, grading, excavating or other earth disturbing
activities have permanently ceased on any portion of the site, or temporarily ceased on
any portion of the site and will not resume for a period exceeding 14 calendar days.
Stabilization must be completed as soon as practicable, but no more than 14 calendar
days after the initiation of soil stabilization measures. In arid, semiarid, and drought
stricken areas, where initiating vegetative stabilization measures immediately is
infeasible, alternative stabilization measures must be employed.
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Page 21 July 2019
The permittee shall develop written procedures that describes initiating and completing
stabilization measures for construction sites.
c. BMPs – Design, install, implement, and maintain effective BMPs to minimize the
discharge of pollutants to the small MS4. At a minimum, such BMPs must be designed,
installed, implemented and maintained to:
(i) Minimize the discharge of pollutants from equipment and vehicle washing, wheel
wash water, and other wash waters;
(ii) Minimize the exposure of building materials, building products, construction
wastes, trash, landscape materials, fertiliz ers, pesticides, herbicides, detergents,
sanitary waste and other materials present on the site to precipitation and to
stormwater; and
(iii) Minimize the discharge of pollutants from spills and leaks.
d. As an alternative to (a) through (c) above, all permittees s hall ensure that all small and
large construction activities discharging to the small MS4 have developed and
implemented a stormwater pollution prevention plan (SWP3) in accordance with the
TPDES CGP TXR150000. In arid, semiarid, and drought-stricken areas where initiating
vegetative stabilization measures immediately is infeasible, alternative stabilization
measures must be employed and described in the written procedure required in item
(2)b. above. As an alternative, vegetative stabilization measures may be implemented
as soon as practicable.
2.3.2 Construction Site Stormwater Runoff Control Programs and BMPs
Coppell enforces the following ordinances to reduce pollutants in any stormwater runoff to the
storm sewer system from construction activities:
1. The City of Coppell 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 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. Stormwater 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.
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2. Ordinance No. 92559, Anti-Litter Regulations, 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 throughthe
transportation of construction/related trucks to and from construction sites anywhere within the
city limits of City of Coppell. If a 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. If no action is forthcomi ng, a citation shall be issued.
Each construction site shall contain a trash bin that will contain a minimum of 216 cubic feet of
trash.
3. Ordinance No. 91500-A-203 contains The Tree Preservation Requirements of the
Comprehensive Zoning Ordinance provided 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 pro per guidelines, methods, and regulations of tree preservation
and protection within the city. The City Manager or his designee issues a notice of
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
for compliance with the Tree Preservation Requirements. The Engineering Department, as part of
the DRC, reviews all public and private construction plans for 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 iss ues
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.
The City of Coppell implements BMPs that promote construction site stormwater runoff control.
The list of Best Management Practices, BMP Description, Person Responsible for the BMP,
Implementation Schedule, and Measurable Goals are available in Table 4.
2.3.3 Annual Reporting
The City of Coppell will document all of the SWMP activities pertaining to Construction Site
Stormwater 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 stormwater BMPs.
• Documentation of construction site visits.
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• Documentation of enforcement actions or stop-work notifications issued to contractors.
• Documentation of any citizen or public complaints related to construction site runoff.
• Documentation of any illicit discharges.
• Documentation of excessive discharges of pollution from spills and/or leaks.
• Documentation of annual MS4 training program.
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2.4 POST CONSTRUCTION STORMWATER MANAGEMENT IN NEW
DEVELOPMENT AND REDEVELOPMENT
2.4.1 Regulatory Requirement
Specific Requirements as stated in the General Permit for Level 2 Small MS4s:
(a) Post -Construction Stormwater Management Program
(1) All permittees shall develop, implement, and enforce a program, to the extent allowable
under state, federal, and local law, to control stormwater discharges from new development
and redeveloped sites that discharge into the small MS4 that disturb one acre or more,
including projects that disturb less than one acre that are part of a larger common plan of
development or sale. The program must be established for private and public development
sites. The program may utilize an offsite mitigation and payment in lieu of components to
address this requirement.
Existing permittees shall assess program elements that were described in the previous
permit and modify as necessary to continue reducing the discharge of pollutants from the
MS4 to the MEP. New elements must be fully implemented by the end of this permit term
and newly regulated permittees shall have the program fully implemented by the end of the
permit term.
(2) All permittees shall use, to the extent allowable under state, federal, and local law and local
development standards, an ordinance or other regulatory mechanism to address post -
construction runoff from new development and redevelopment projects. The permittees
shall establish, implement, and enforce a requirement that owners or operators of new
development and redeveloped sites design, install, implement, and maintain a combination
of structural and non-structural BMPs appropriate for the community and that protects
water quality. If the construction of permanent structures is not feasible due to space
limitations, health and safety concerns, cost effectiveness, or highway construction codes,
the permittee may propose an alternative approach to TCEQ. Newly regulated permittees
shall have the program element fully implemented by the end of the permit term.
(b) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.4.(b)(1)-(3)
(1) All permittees shall annually review and update as necessary, the SWMP and MCM
implementation procedures required by Part III.A.2. Any changes must be included in the
annual report. Such written procedures must be maintained either on site or in the SWMP
and made available for inspection by TCEQ.
(2) All permittees shall document and maintain records of enforcement actions and make them
available for review by the TCEQ.
(3) Long-Term Maintenance of Post -Construction Stormwater Control Measures
City of Coppell
Stormwater Management Program
Page 25 July 2019
All permittees shall, to the extent allowable under state, federal, and local law, ensure
the long-term operation and maintenance of structural stormwater control measures
installed through one or both of the following approaches:
a. Maintenance performed by the permittee. See Part III.B.5
b. Maintenance performed by the owner or operator of a new development or redeveloped
site under a maintenance plan. The maintenance plan must be filed in the real property
records of the county in which the property is located. The permittee shall require the
owner or operator of any new development or redeveloped site to develop and
implement a maintenance plan addressing maintenance requirements for any structural
control measures installed on site. The permittee shall require operation and
maintenance performed is documented and retained on site, such as at the offices of the
owner or operator, and made available for review by the s mall MS4.
2.4.2 Post Construction Stormwater Management in New Development and
Redevelopment Programs and BMPs
Coppell relies on the following ordinances as legal authority to address stormwater 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 predevelopment 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 ma ps
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 over bank or channel
areas and minimize long-term flood-related erosion. Violation of the provisions of this
ordinance by failure to comply with any of its requirements shall constitute a misdemeanor
and be subject to a fine.
2. 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
City of Coppell
Stormwater Management Program
Page 26 July 2019
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 commu nity 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.
3. Ordinance No. 91599-A-30, Ordinance No. 91500-A-105, and Ordinance No. 91500- A-
276 under the Landscape Regulations of the Comp rehensive 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 10-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.
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.
The City of Coppell implements BMPs that promote post -construction stormwater management
for new development and redevelopment programs. The list of Best Management Practices, BMP
Description, Person Responsible for the BMP, Implementation Schedule, and Measurable Goals
are available in Table 5.
2.4.3 Annual Reporting
The City of Coppell will document all of the SWMP act ivities pertaining Post Construction
Stormwater Management in New Development and Redevelopment. Documentation will be
placed in the SWMP Annual Report and will include, but may not be limited to the following
items:
• Document proposed and adopted ordinance amendments.
• Document plan review and inspection procedures.
• Document compliance and non-compliance with new maintenance plan after it has been
enforced.
City of Coppell
Stormwater Management Program
Page 27 July 2019
• Document non-compliance with required inclusion of structural and non-structural BMPS
which prot ect water quality.
• Document and maintain records of enforcement action.
City of Coppell
Stormwater Management Program
Page 28 July 2019
2.5 POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
2.5.1 Regulatory Requirement
Specific Requirements as stated in the General Permit for Level 2 Small MS4s:
(a) Program development
All permittees shall develop and implement an operation and maintenance program, including
an employee training component that has the ultimate goal of preventing or reducing pollutant
runoff from municipal activities and municipally owned areas including but not limited to park
and open space maintenance; street, road, or highway maintenance; fleet and building
maintenance; stormwater system maintenance; new construction and land disturbances;
municipal parking lots; vehicle and equipment maintenance and storage yards; waste transfer
stations; and salt/sand storage locations.
Existing permittees shall assess program elements that were described in the previous permit,
modify as necessary, and develop and implement new elements, as necessary, to continue
reducing the discharges of pollutants from the MS4 to the MEP. New elements must be fully
implemented by the end of this permit term and newly regulated permittees shall have the
program fully implemented by the end of this permit term. See also Part III.A.1.(c))
(b) Requirements for all Permittees
All permit tees shall include the requirements described below in Parts III.B.5.(1)-(6) in the
program:
(1) Permittee-owned Facilities and Control Inventory
All permittees shall develop and maintain an inventory of facilities and stormwater controls
that it owns and operates within the regulated area of the small MS4. The inventory must
include all applicable permit numbers, registration numbers, and authorizations for each
facility or controls. The inventory must be available for review by TCEQ and must include,
but is not limited, to the following, as applicable:
a. Composting facilities;
b. Equipment storage and maintenance facilities;
c. Fuel storage facilities;
d. Hazardous waste disposal facilities;
e. Hazardous waste handling and transfer facilities;
f. Incinerators;
g. Landfills;
h. Materials storage yards;
i. Pesticide storage facilities;
j. Buildings, including schools, libraries, police stations, fire stations, and office
City of Coppell
Stormwater Management Program
Page 29 July 2019
buildings;
k. Parking lots;
l. Golf courses;
m. Swimming pools;
n. Public works yards;
o. Recycling facilities;
p. Salt storage facilities;
q. Solid waste handling and transfer facilities;
r. Street repair and maintenance sites;
s. Vehicle storage and maintenance yards; and
t. Structural stormwater controls.
(2) Training and Education
All permittees shall inform or train appropriate employees involved in implementing
pollution prevention and good housekeeping practices. All permittees shall maintain a
training attendance list for inspection by TCEQ when requested.
(3) Disposal of Waste Material - Waste materials removed from the small MS4 must be
disposed of in accordance with 30 TAC Chapters 330 or 335, as applicable.
(4) Contractor Requirements and Oversight
a. Any contractors hired by the permittee to perform maintenance activities on permittee-
owned facilities must be contractually required to comply with all of the stormwater
control measures, good housekeeping practices, and facility specific stormwater
management operating procedures described in Parts III B.5. (b)(2)-(6).
b. All permittees shall provide oversight of contractor activities to ensure that contractors
are using appropriate control measures and SOPs. Oversight procedures must be
maintained on-site and made available for inspection by TCEQ.
(5) Municipal Operation and Maintenance Activities
a. Assessment of permittee-owned operations
All permittees shall evaluate operation and maintenance (O&M) activities for their
potential to discharge pollutants in stormwater, including but not limited to:
(i) Road and parking lot maintenance, including such areas as pothole repair,
pavement marking, sealing, and re-paving;
(ii) Bridge maintenance, including such areas as re-chipping, grinding, and saw
cutting;
(iii) Cold weather operations, including plow ing, sanding, and application of deicing
and anti-icing compounds and maintenance of snow disposal areas; and
City of Coppell
Stormwater Management Program
Page 30 July 2019
(iv) Right-of-way maintenance, including mowing, herbicide and pesticide application,
and planting vegetation.
b. All permittees shall identify pollutants of concern that could be discharged from the
above O&M activities (for example, metals; chlorides; hydrocarbons such as benzene,
toluene, ethyl benzene, and xylenes; sediment; and trash).
c. All permittees shall develop and implement a set of pollution prevention measures that
will reduce the discharge of pollutants in stormwater from the above activities. These
pollution prevention measures may include the following examples:
(i) Replacing materials and chemicals with more environmentally benign
materials or me thods;
(ii) Changing operations to minimize the exposure or mobilization of pollutants to
prevent them from entering surface waters; and
(iii) Placing barriers around or conducting runoff away from deicing chemical storage
areas to prevent discharge into surface waters.
d. Inspection of pollution prevention measures - All pollution prevention measures
implemented at permittee-owned facilities must be visually inspected to ensure they
are working properly. The permittee shall develop written procedures that describes
frequency of inspections and how they will be conducted. A log of inspections must be
maintained and made available for review by the TCEQ upon request.
(6) Structural Control Maintenance
If BMPs include structural controls, maintenance of the controls must be performed by the
permittee and consistent with maintaining the effectiveness of the BMP. The permittee
shall develop written procedures that define the frequency of inspections and how they will
be conducted.
2.5.2 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. Stormwater system maintenance;
5. New construction and land disturbances;
6. Water distribution;
7. Wastewater collection;
8. Emergency operations (police, fire, EMS).
City of Coppell
Stormwater Management Program
Page 31 July 2019
The following table lists the names and locations of City owned and ope rated facilities that are
impacted and covered by this SWMP:
Table 2.5.1: City Facilities
Facility Type Facility Location
Buildings
Animal Shelter 821 S. Coppell Road
Aquatic Center 234 E. Parkway Blvd
Arts Center 157 S. Moore
Biodiversity Center 367 Freeport Parkway
Columbarium 345 Freeport Parkway
Coppell Service Center 816 S. Coppell Road
Fire Station #1 520 Southwestern
Fire Station #2 366 MacArthur
Fire Station #3 133 Parkway
Justice Center 130 Town Center Blvd
Library 177 N Heartz
Grapevine Springs Community Center 345 Bethel Road
Tennis Center 950 Creekview
Town Center 255 E.Parkway
"265 Building" 265 Parkway
Utilities
Village Parkway Pump Station 1101 Village Parkway
Water Tower #1 Southwestern Blvd
Water Tower #2 1001 Northpoint Drive
Deforest Road Lift Station
Sandy Lake Road Lift Station
Parks
Andy Brown Park Central 364 N. Denton Tap
Andy Brown Park East 260 E Parkway
Andy Brown Park West 363 N. Denton Tap
MacArthur Park 400 S MacArthur Blvd
Wagon Wheel 345 Freeport Parkway
The NDCFCD will implement BMPs for pollution prevention and good housekeeping as
applicable within the District. The District does not own any equipment, and any storm drain
facilities located beyond the property limits of the District are the responsibility of others. The
District’s facilities and infrastructure consist of a series of sumps, outfall structures, and intake
structures. These are maintained as needed.
2.5.3 Pollution Prevention and Good Housekeeping for Municipal Operations
Programs and Best Management Practices
The City of Coppell implements BMPs that promote pollution prevention and good housekeeping
measures for municipal operations. The list of Best Management Practices, BMP Description,
City of Coppell
Stormwater Management Program
Page 32 July 2019
Person Respo nsible for the BMP, Implementation Schedule, and Measurable Goals are available
in Table 6.
2.5.4 Annual Reporting
The City of Coppell will document all of the SWMP activities pertaining to Pollution Prevention
and Good Housekeeping for Municipal Operations. 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 stormwater 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.
• Documentation contractors not in compliance with required operating procedures.
Following the end of each permit year, the NDCFCD will provide the annual status review along
with any other relevant information such as, but not limited to, responses to any issues raised
related to District facilities and maintenance activities performed. This information will be provided
to the City by February 1 of each year so that the City can complete the annual report to submit to
the TCEQ.
City of Coppell
Stormwater Management Program
Page 33 July 2019
2.6 SUMMARY TABLES OF BEST MANAGEMENT PRACTICES AND TA RGETED
CONTROLS
32 City of Coppell
Stormwater Management Program
July 2019
Unless otherwise specified, Implementation Schedule to be completed by December 31 of each permit year.
* Asterisk indicates TMDL-specific BMPs. See Table 6 for Summary of Targeted Controls.
+ Plus sign indicates new BMP.
Table 2 - Minimum Control Measure 1: Public Education, Outreach, and Involvement
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
BMP 1.1
Texas SmartScape
Classes
The Community Programs Supervisor (a TCEQ Yard Wise
Coordinator) 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 the
impact to stormwater. The Texas SmartScape compact disc
(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.
Community
Programs
Supervisor
December
2019
(and then
annually)
▪ Hold two classes per year on Texas SmartScape.
▪ Document the number of attendees at each event.
▪ Verify link annually on City’s Community Programs website.
BMP 1.2
Community
Organic Recycling
Education (CORE)
Program
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.
Community
Programs
Supervisor
December
2019
(and then
annually)
▪ Document number of programs sponsored by CORE each
year.
▪ Document number of participants at each event.
▪ Update CORE's webpage as necessary.
BMP 1.3
Coppell
Community
Gardens
There are two Coppell Community Gardens that offer continuing
education on composting, organic gardening, and proper pesticide
management methods. The gardens have approximately 1,000
visitors per year.
Community
Programs
Supervisor
December
2019
(and then
annually)
▪ Document each educational event and the number of
attendees at each event.
BMP 1.4
City Hotline
The Community Programs Office coordinates information for the
City’s 24-hour telephone information line. Information related to
stormwater discharges includes recycling, the Community
Gardens, street sweeping, and drainage maintenance. The City
has the capability to fax related documents and information, and
receives citizen response and request for services messages.
Residents and businesses are informed of the hotline through
the available brochure and the City’s website.
Community
Programs
Supervisor
December
2019
(and then
annually)
▪ Document stormwater-related calls and responses.
▪ Update hotline phone number to the Stormwater
Management page on the City’s website, as necessary.
*BMP 1.5
Removal and
Proper Disposal of
Animal Feces
The Parks and Recreation Department posts ordinance signs
associated with the removal and proper disposal of animal feces
in the City’s public parks.
Parks and
Recreation
Department
December
2019
(and then
annually)
▪ Maintain ordinance signs and Dog Waste Stations.
▪ Document number of complaints regarding animal feces in
public parks.
BMP 1.6
Storm Drain
Labeling
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 and has previously placed
Environmental
Health Division
December
2019
(and then
annually)
▪ Review 20% storm drain markings each year.
▪ Document number and location of storm drain markers
placed throughout the City.
▪ Document when storm drain markers are replaced.
33 City of Coppell
Stormwater Management Program
July 2019
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
approximately 130 markers. Continue labeling 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.
BMP 1.7
Pre-Construction
Meetings
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 Stormwater
Pollution Prevention Plans and Sediment and Erosion Control
Plans.
City Engineer December
2019
(and then
annually)
▪ Document Pre-Construction meetings, and the number of
attendees at each meeting.
BMP 1.8
Public
Education/City
Desk Stormwater
Quality Messages
The City uses the City Desk newsletter that is included in each
water bill mailing to distribute messages pertaining to the
Stormwater Management Program that are of interest to the
general public, such as proper management of pesticides and
fertilizers, prevention of littering, stormwater 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.
Community
Information
Officer
December
2019
(and then
annually)
▪ Post two stormwater quality related messages per year
during each permit year in the City Desk newsletter.
▪ Distribute educational materials to the general public
at City events and Farmers Market annually.
▪ Document the number of educational materials
distributed.
BMP 1.9
Municipal Website
Stormwater
Information
The City uses the municipal website to inform the public about
the Stormwater Management Program. The website address
is:http://www.coppelltx.gov/government/departments/engineeri
ng/stormwater-management. The website includes general
stormwater 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.
Community
Information
Officer
December
2019
▪ Review website annually and updated if necessary.
December
2022
▪ The City will create a new email address that will be
dedicated for receiving questions and concerns about the
program that are expressed on the website.
BMP 1.10
Comply With State
and Local Public
Notice
Requirements
The City is in compliance with state and local public notice
requirements when implementing a public involvement and
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 and mailing inserts, as necessary.
City Engineer,
Community
Information
Officer
December
2019
(and then
annually)
▪ Continue to provide state and local required public notices
in the process of implementing a public involvement and
participation program.
34 City of Coppell
Stormwater Management Program
July 2019
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
BMP 1.11
SWMP Available
for Public Review
and Comment
After the City adopts the SWMP, it will be permanently posted on
the website and remain open for public review and comment.
Public comments and input regarding the SWMP and responses
by Engineering staff will be documented. Information related to
the SWMP will be posted as necessary.
Community
Information
Officer
December
2019
▪ Provide the adopted SWMP for public review and comment
on the City's website.
City Engineer,
Community
Information
Officer
December
2019
(and then
annually)
▪ Document the public input regarding the SWMP and
responses by Engineering staff.
▪ Annually review and update the SWMP and MCM
implementation procedures, as necessary.
City Engineer,
Community
Information
Officer
30 Days
after
Approval
Date
▪ Post SWMP Annual Report for public review on the
City’s website.
▪ Post the adopted SWMP on the City’s website.
*+BMP 1.12
Bacteria-Specific
Public Education
According to TCEQ's Implementation Plan for Seventeen Total
Maximum Daily Loads for Bacteria in the Greater Trinity River
Region, "as funding is available, NCTCOG and stakeholders will
develop or expand the availability of m ore bacteria-specific public
education materials to RSWMP participants." The City will review
the bacteria-specific public education materials developed by
NCTCOG and stakeholders, as necessary, for possible use in the
City.
Public Works
Office,
Community
Information
Officer
December
2019
(and then
annually)
▪ Review bacteria-specific public education materials
developed by NCTCOG and stakeholders, as necessary, for
possible use in the City.
35 City of Coppell
Stormwater Management Program
July 2019
Table 3 - Minimum Control Measure 2: Illicit Discharge Detection and Elimination
Best Management
Practices
BMP Description
Responsibility Implementation
Schedule
Measurable Goals
BMP 2.1
Program to Detect
and Eliminate Illicit
Discharges
The City has evaluated existing procedures and developed and
implemented 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 are provided
with water quality observation cards to be carried in every City
vehicle. The staff receives initial training and an annual refresher
training conducted by the Engineering Department, to be aware of
signs of illicit discharges. Field staff are instructed to use the
observation cards to document unusual dry weather flows (those
not classified as allowable non-stormwater discharges), illegal
dumping, sewage overflows, or anything else unusual.
Once an observation card is completed by field staff, it is
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 is
maintained by the City Engineer. Information from the database
may be transferred to the GIS storm sewer map t o help identify
problem areas.
City Engineer December
2019
(and then
annually)
▪ Continue annual training for municipal employees and field
staff to detect and eliminate illicit discharges.
▪ Maintain training program materials and attendance lists
annually.
▪ Continue documenting observation cards, as necessary.
▪ Continue updating GIS storm sewer map, as necessary.
▪ Annually review and update the SWMP and MCM
implementation procedures, as necessary.
December
2020
▪ Develop written procedures for conducting inspections in
response to complaints and conducting follow-up
inspections to ensure corrective measures have been
implemented.
BMP 2.2
Storm Sewer
System 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 storm sewer map,
and the water quality database will be updated.
City Engineer December
2019
(and then
annually)
▪ Continue to locate and identify the outfall structures and
receiving waters of the U.S. and input data into the GIS
storm sewer map.
▪ Update the existing GIS storm sewer map with stormwater
quality data and new facilities, as necessary.
*BMP 2.3
Illicit Discharge
Ordinance
The City has developed an ordinance to effectively prohibit illicit
discharges and illegal dumping into the storm sewer system and
implements enforcement response procedures and penalties for
City Engineer December
2019
(and then
annually)
▪ Continue to implement existing ordinances regarding
stormwater quality and pollution mitigation, including
bacteria.
▪ Sample and monitor creeks three times a year.
36 City of Coppell
Stormwater Management Program
July 2019
Best Management
Practices
BMP Description
Responsibility Implementation
Schedule
Measurable Goals
noncompliance. The ordinance authorizes access for municipal
employees to storm sewers on private property for inspection
and investigation purposes. If it is determined that any non-
stormwater discharges significantly contribute pollutants,
including bacteria, to the storm sewer system, the ordinance will
prohibit those non-stormwater discharges.
City Engineer,
City Attorney
December
2020
▪ Determine if any non-stormwater discharges are pollutants
and amend the Illicit Discharge Ordinance, as necessary.
+BMP 2.4
Hotline for Public
Reporting of Illicit
Discharges
The City utilizes a reporting hotline for the public to report illicit
discharges. The phone number is posted on the stormwater
webpage and can be accessed by calling the Engineering
Department as displayed on the City of Coppell's "CONTACT US"
webpage. This will facilitate the ability of the public to provide
information that will assist in the detection of problem discharges.
The City will continue implementing procedures for addressing
information submitted by citizens on the hotline and forwarding the
information to City inspectors. The City will maintain procedures for
record keeping of complaints and corrective actions to be taken.
City Engineer,
Community
Information
Officer
December
2019
(and then
annually)
▪ Update hotline phone number to the Stormwater
Management page on the City’s website, as
necessary.
▪ Continue to facilitate hotline for public reporting of illicit
discharges.
▪ Document reports and complaints annually.
▪ Document the number of corrective actions taken annually.
37 City of Coppell
Stormwater Management Program
July 2019
Table 4 - Minimum Control Measure 3: Construction Site Stormwater Runoff Control
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
BMP 3.1
Construction Site
Stormwater Runoff
Control Program
The City has developed and implements stormwater control
measures to ensure compliance with the Phase II general
permit. The City enforces effective erosion and sediment
controls, soil stabilization, and BMPs for construction sites to
minimize the discharge of pollutants.
City Engineer December
2019
(and then
annually)
▪ Annually review and update the SWMP and MCM
implementation procedures, as necessary.
▪ Maintain effective erosion and sediment controls.
December
2020
▪ Develop written procedures for initiating and completing
soil stabilization measures for construction sites.
BMP 3.1
Erosion and
Sedimentation
Control Code
The City has implemented existing Erosion and Sedimentation
Control Code, Ord. No. 91514, to ensure compliance with the
Phase II general permit. The City will review the TPDES permit
requirements for large and small construction activities and the
NCTCOG Construction BMP Manual. The City will continue
looking for opportunities to coordinate the ordinance with the
federal/state 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 speci fications will
be amended to ensure compliance with the Phase II general
permit.
City Engineer,
City Attorney
December
2019
▪ Review existing ordinances, regulations, and specifications
for compliance with Phase II general permit.
City Engineer,
City Attorney
December
2020
▪ Update and adopt any necessary ordinances, regulations
and specifications for compliance with Phase II permit.
*+BMP 3.2
Site Inspections
The City has reviewed existing site inspection procedures and
established written procedures that contain appropriate
frequencies for inspection of construction stormwater BMPs as
well as procedures for record keeping of inspections and
compliance actions.
City Engineer December
2019
(and then
annually)
▪ Continue implementation of the inspection program.
▪ Document violations of the site inspection requirements and
any stop work orders given.
▪ Continue inspection of portable toilet facilities to the
inspection requirements, in order to mitigate possible
bacteria discharge from construction areas.
▪ Continue site inspection procedures for inspection of
construction stormwater BMPs.
BMP 3.3
Reporting Hotline
The City utilizes the same reporting hotline discussed in the Illicit
Discharge Detection and Elimination MCM for the public to report
construction site problems. The phone number is posted on the
stormwater management webpage. This facilitates the ability of
the public to provide information that will assist in detecti on of
problem discharges. The City has established and implemented
procedures for addressing information submitted by citizens on
the hotline and forwarding the information to City inspectors. The
City has also established procedures for record keeping of
complaints and corrective actions taken.
City Engineer,
Community
Information
Officer
December
2019
(and then
annually)
▪ Update hotline phone number to the Stormwater
Management page on the City’s website, as
necessary.
▪ Document any citizen complaints and corrective action
taken annually.
▪ Publicize the hotline in the City Desk newsletter and
mailings, as necessary.
City Engineer,
Community
Information
Officer
38 City of Coppell
Stormwater Management Program
July 2019
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
*+BMP 3.4
Minimize
Discharges from
Spills and Leaks
The developer is required to minimize the discharge of pollutants
from spills and leaks. The construction site may develop a
Stormwater Pollution Prevention Plan (SWPPP) in accordance
with the TPDES Construction General Permit TXR 150000. This
will be monitored through the site inspections as listed in BMP 3.2.
City Engineer December
2019
(and then
annually)
▪ Document number of construction sites not in compliance
with BMP 3.4 upon inspection and any corrective action
taken annually.
*+BMP 3.5
Prohibited Illicit
Discharges
As described in the TPDES General Permit TXR040000
III.B.3.b.3, and to help mitigate bacteria discharges, construction
sites are prohibited from discharging the following:
a) Wastewater from washout of concrete and wastewater
from water well drilling operations, unless managed by
an appropriate control;
b) Wastewater from washout and cleanout of stucco, paint,
from release oils, and other construction materials;
c) Fuels, oils, or other pollutants used in vehicle and
equipment operation and maintenance;
d) Soaps or solvents used in vehicle and equipment
washing; and,
e) Discharges from dewatering activities, including
discharges from dewatering of trenches and
excavations, unless managed by appropriate BMPs.
City Engineer December
2019
(and then
annually)
▪ Document the number of construction sites not in
compliance with BMP 3.5 upon site inspection and any
corrective action taken annually.
+BMP 3.6
MS4 Staff Training
The City will ensure City staff whose primary job duties are
related to implementing the construction stormwater program
(including permitting, plan review, construction site inspections,
and enforcement) are informed or trained to conduct these
activities.
City Engineer December
2019
(and then
annually)
▪ Continue to ensure City staff whose primary job
duties are related to implementing the construction
stormwater program are informed or trained to conduct
these activities.
▪ Document the number of City staff trained each year.
▪ Document the number trainings related to construction site
stormwater runoff control attended by City staff each year.
39 City of Coppell
Stormwater Management Program
July 2019
Table 5 - Minimum Control Measure 4: Post-Construction Stormwater Management in New Development and Redevelopment
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
*BMP 4.1
Evaluate and
Update
Ordinances
The City will draft local criteria for management of new and
redevelopment. The City will review the Comprehensive Zoning
Ordinance, the Subdivision Ordinance, and the Floodplain
Ordinance. These ordinances may be amended to require
regulated development and redevelopment to comply with criteria
and standards to ensure proper long-term operation and
maintenance of structural BMPs.
City Engineer December
2019
▪ Review applicable ordinances.
City Engineer December
2020
▪ Draft design criteria and standards for engineering,
planning, and administration, as needed.
City Engineer,
Legal
December
2021
▪ Amend ordinances to require long-term maintenance of
post-construction stormwater management BMPs, as
needed.
City Engineer December
2022-
2023
▪ Implement and enforce all applicable post-construction
stormwater management criteria and standards.
City Engineer December
2019
(and then
annually)
▪ Annually review and update the SWMP and MCM
implementation procedures, as necessary.
▪ Document and maintain records of enforcement actions
annually.
BMP 4.2
Update Plan Review
and Inspection
Programs
The City will continue to integrate post-construction stormwater
quality requirements into plan review and site i nspection
programs. The City will evaluate existing procedures and
identify needed changes and implement the revised programs.
City Engineer December
2021
▪ Evaluate existing plan review and site inspection
procedures. Identify program changes, as needed.
City Engineer December
2022-
2023
▪ Implement the revised plan review and inspection programs.
*+BMP 4.3
Structural and
Non-structural
BMPs
The City shall establish, implement, and enforce a requirement
that owners or operators of new development and redeveloped
sites design, install, implement, and maintain a combination of
structural and non-structural BMPs appropriate for the community
that protect water quality and reduce bacterial discharges.
City Engineer December
2021
▪ Establish structural and non-structural BMP requirements,
which protect water quality, for owners or operators of newly
developed or redeveloped sites.
December
2022-
2023
▪ Implement and enforce the structural and non-structural
BMP requirements which protect water quality.
+BMP 4.4
Long-term
Maintenance Plan
In order to ensure long-term operation and maintenance of
structural stormwater controls, the City shall require the owner or
operator of any new development or redeveloped site to develop
and implement a maintenance plan addressing maintenance
requirements for any structural control measures installed on site.
The City shall require that operation and maintenance performed
is documented and retained on site, such as at the offices of the
owner or operator, and shall be made available for review by the
City.
City Engineer December
2020
▪ Create general framework for maintenance plan for newly
developed or redeveloped sites.
City Engineer December
2021
▪ Publicize the new maintenance plan requirement and
provide informational meetings regarding the necessity and
formation of the maintenance plan for owners and operators
of new developed or redeveloped sites.
City Engineer December
2022-
2023
▪ Enforce the new maintenance plan requirement for all
owners and operators of newly developed or redeveloped
sites.
40 City of Coppell
Stormwater Management Program
July 2019
Table 6 - Minimum Control Measure 5: Pollution Prevention/Good Housekeeping for Municipal Operations
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
BMP 5.1
Street and
Roadway
Maintenance
The City contracts with an outside 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, as needed, based on visual
inspections and citizen complaints. Sediment from the ditches
and inlets is recycled.
Streets
Division
December
2019
(and then
annually)
▪ Document street and roadway maintenance activities.
▪ Continue sweeping major streets once a year and the major
intersections four times a year.
▪ Continue cleaning ditches, curb inlets, drains, and repair
erosion areas, as needed.
*BMP 5.2
Stormwater
System
Maintenance
The City performs annual cleaning of the concrete drainage
channels as well as the periodic inspections of the inlets, junction
boxes, and stormwater 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. Bacteria may attach to
floatables, debris, sediment, and other materials. Refraining
from removing such materials could influence bacteria levels in
waterways. 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.
Streets
Division
December
2019
(and then
annually)
▪ Document annual cleaning and inspections of the City's
stormwater system.
▪ Continue periodic removal of trees from creeks to ensure
drainage ways and creeks are capable of conveying the
design flow.
BMP 5.3
Parks and Open
Space
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.
Parks and
Recreation
Department
December
2019
(and then
annually)
▪ Remove trash on Wednesday and brush on Saturday of
each week, or more frequently as necessary.
BMP 5.4
Wastewater
Collection
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.
Utilities
Operation
Division
December
2019
(and then
annually)
▪ Annually clean and video sewer lines.
▪ Clean trouble spots on a monthly basis.
BMP 5.5
Fleet and Building
Maintenance
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.
Facilities
Management
December
2019
(and then
annually)
▪ Conduct and document on-going operations and
maintenance of all buildings, permanent structures, parking
lots, and storage yards.
41 City of Coppell
Stormwater Management Program
July 2019
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
BMP 5.6
Fleet and Building
Maintenance-
Service Center
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 Fleet Building
and Fire Station No. 2 are double-walled construction with vapor
recovery systems.
Facilities
Management
December
2019
(and then
annually)
▪ Document any spills and operator's response to the spill.
BMP 5.7
Parks and Open
Space Vegetation
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
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.
Parks and
Recreation
Department
December
2019
(and then
annually)
▪ Document times of vegetation seeding and maintenance.
BMP 5.8
Parks and Open
Space Pest
Management
The City uses integrated pest management, where appropriate,
so that the use of pesticides can be limited. Parks and
Recreation
Department
December
2019
(and then
annually)
▪ Document any instances in which pesticides were used.
BMP 5.9
Program to
Reduce or
Eliminate Polluted
Runoff from
Municipal
Operations
The City will continue the development and revision of the list of
municipal facilities and operations that may contribute significant
pollutants to the stormwater 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.
City Engineer December
2019
▪ Review list of municipal facilities and operations that may
contribute significant pollutants to the stormwater system
and update, as necessary.
Director of
Parks and
Recreation,
City Engineer
December
2020
▪ Evaluate the existing pollution prevention practices,
maintenance procedures, and other practices for municipal
operations. Identify any additional controls that need to be
implemented.
Director of
Parks and
Recreation,
City Engineer
December
2021-
2023
▪ Continue to implement the pollution prevention plans for
municipal operations.
42 City of Coppell
Stormwater Management Program
July 2019
Best Management
Practices BMP Description Responsibility Implementation
Schedule Measurable Goals
*BMP 5.10
Training Program
The City has developed a training program for applicable
employees associated with park maintenance, fleet and building
maintenance, new construction, facilities maintenance, and
stormwater maintenance. The training program includes training
materials directed at preventing and reducing stormwater
pollution from municipal operations. The City will continue to train
applicable employees, to 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. As resources are available, the training
program will include educational material developed by NCTCOG
and stakeholders regarding bacterial discharges, as mentioned in
Implementation Plan for Twenty-One Total Maximum Daily Loads
for Bacteria in the Greater Trinity River Region, also referred to as
"Implementation Plan" or "I-Plan".
City Engineer,
Parks
Department
December
2019
(and then
annually)
▪ Continue to implement the employee training program on
pollution prevention and good housekeeping.
▪ Document employee training attendance and
materials distributed.
▪ Participate in NCTCOG and other applicable
stakeholder training opportunities on pollution
prevention and good housekeeping annually.
▪ Hold at least two City staff meetings per year to
discuss stormwater pollution prevention.
▪ Continue to and post pollution prevention/good
housekeeping signs at maintenance facilities and
yards.
BMP 5.11
Structural Control
Maintenance
Coppell will update the list of existing pollution prevention
structural controls, written maintenance activities, maintenance
schedules, and long-term inspection procedures for these
structural controls as needed. The program includes
procedures for the proper disposal of waste removed from the
structural controls and collected as a result of municipal
operations and activities.
City Engineer December
2019
(and then
annually)
▪ Evaluate and update the list of existing pollution prevention
structural controls, maintenance activities, maintenance
schedules, and long-term inspection procedures as needed.
+BMP 5.12
Requirements for
Contractors Hired
by the City
Contractors hired by the City of Coppell are required to comply
with operating procedures. As such, the City will maintain
contractor oversight procedures.
City Engineer,
Parks
Department
December
2019
(and then
annually)
▪ Maintain contractor oversight procedures.
▪ Document and publicize the required operating procedures
for hired contractors and the contractor oversight
procedures.
▪ Implement the contractor oversight procedures to enforce
the required operating procedures for hired contractors.
See BMP 1.5
Removal and
Proper Disposal of
Animal Feces
Refer to referenced BMP for specific details. N/A N/A ▪ N/A
43 City of Coppell
Stormwater Management Program
July 2019
Table 7 - Summary of T argeted Controls
Targeted Controls
Best Management
Practices
BMP Description Responsibility Implementation
Schedule
Measurable Goals
*BMP 1.5
Removal and
Proper Disposal of
Animal Feces
The Parks and Recreation Department posts ordinance signs
associated with the removal and proper disposal of animal feces
in the City’s public parks.
Parks and
Recreation
Department
Year 1 - 5 ▪ Maintain ordinance signs.
▪ Document number of complaints regarding animal feces in
public parks.
*+BMP 1.12
Bacteria-Specific
Public Education
According to TCEQ's Implementation Plan for Seventeen Total
Maximum Daily Loads for Bacteria in the Greater Trinity River
Region, "as funding is available, NCTCOG and stakeholders will
develop or expand the availability of more bacteria-specific public
education materials to RSWMP participants." The City will review
the bacteria-specific public education materials developed by
NCTCOG and stakeholders, as necessary, for possible use in the
City.
Public Works
Office,
Community
Information
Officer
Year 1 - 5 ▪ Review bacteria-specific public education materials
developed by NCTCOG and stakeholders, as necessary, for
possible use in the City.
*BMP 2.3
Illicit Discharge
Ordinance
The City has developed an ordinance to effectively prohibit illicit
discharges and illegal dumping into the storm sewer system and
implements enforcement response procedures and penalties for
noncompliance. The ordinance authorizes access for municipal
employees to storm sewers on private property for inspection
and investigation purposes. If it is determined that any non-
stormwater discharges significantly contribute pollutants,
including bacteria, to the storm sewer system, the ordinance will
prohibit those non-stormwater discharges.
City Engineer Year 1 - 5 ▪ Continue to implement existing ordinances regarding
stormwater quality and pollution mitigation, including
bacteria.
City Engineer,
City Attorney
Year 2 ▪ Determine if any non-stormwater discharges are pollutants
and amend the Illicit Discharge Ordinance, as necessary.
City Engineer,
City Attorney
Year 2 ▪ Determine if any non-stormwater discharges are pollutants
and amend the Illicit Discharge Ordinance if necessary.
*+BMP 3.2
Site Inspections
The City has reviewed existing site inspection procedures and
established written procedures that contain appropriate
frequencies for inspection of construction stormwater BMPs as
well as procedures for record keeping of inspections and
compliance actions. The City will add inspection of portable
toilet facilities to the inspection requirements, in order to mitigate
possible bacteria discharge from construction site.
City Engineer Year 1 ▪ Continue implementation of the existing inspection program
▪ Document violations of the site inspection requirements and
any stop work orders given.
City Engineer Year 2 ▪ Add inspection of portable toilet facilities to the inspection
requirements, in order to mitigate possible bacteria
discharge from construction areas.
▪ Establish site inspection procedures for inspection of
construction stormwater BMPs.
City Engineer Year 3 - 5 ▪ Implement procedures for site inspection.
*+BMP 3.4
Minimize
Discharges from
Spills and Leaks
The developer is required to minimize the discharge of pollutants
from spills and leaks. As an alternative, the construction sit e may
develop a Stormwater Pollution Prevention Plan (SWPPP) in
accordance with the TPDES Construction General Permit TXR
150000. This will be monitored through the site inspections as
City Engineer Year 2 - 5 ▪ Document number of construction sites not in compliance
with BMP 3.4 upon inspection and any corrective action
taken.
44 City of Coppell
Stormwater Management Program
July 2019
Targeted Controls
Best Management
Practices
BMP Description Responsibility Implementation
Schedule
Measurable Goals
listed in BMP 3.2.
*+BMP 3.5
Prohibited Illicit
Discharges
As described in the TPDES General Permit TXR 040000
III.B.3.b.3, and to help mitigate bacteria discharges, construction
sites are prohibited from discharging the following:
a) Wastewater from washout of concrete and wastewater
from water well drilling operations, unless managed by
an appropriate control;
b) Wastewater from washout and cleanout of stucco, paint,
from release oils, and other construction materials;
c) Fuels, oils, or other pollutants used in vehicle and
equipment operation and maintenance; and,
d) Soaps or solvents used in vehicle and equipment
washing;
e) Discharges from dewatering activities, including
discharges from dewatering of trenches and
excavations, unless managed by appropriate BMPs.
City Engineer Year 2 - 5 ▪ Document the number of construction sites not in
compliance with BMP 3.5 upon site inspection and any
corrective action taken.
*BMP 4.1
Evaluate and
Update
Ordinances
The City will draft local criteria for management of new and
redevelopment. The City will review the Comprehensive Zoning
Ordinance, the Subdivision Ordinance, and the Floodplain
Ordinance. These ordinances may be amended to require
regulated development and redevelopment to comply with criteria
and standards to ensure proper long-term operation and
maintenance of structural BMPs.
City Engineer Year 1 ▪ Review applicable ordinances.
City Engineer Year 2 ▪ Draft design criteria and standards for engineering,
planning, and administration, as needed.
City Engineer,
Legal
Year 3 ▪ Amend ordinances to require long-term maintenance of
post-construction stormwater management BMPs, as
needed.
City Engineer Year 4 - 5 ▪ Implement and enforce all applicable post-construction
stormwater management criteria and standards. Document
and maintain records of enforcement actions.
*+BMP 4.3
Structural and
Non-structural
BMPs
The City shall establish, implement, and enforce a requirement
that owners or operators of new development and redeveloped
sites design, install, implement, and maintain a combination of
structural and non-structural BMPs appropriate for the community
and that protect water quality and reduce bacterial discharges.
City Engineer Year 3 ▪ Establish structural and non-structural BMP requirements,
which protect water quality, for owners or operators of newly
developed or redeveloped sites.
Year 4 - 5 ▪ Implement and enforce the structural and non-structural
BMPs requirement which protect water quality.
Year 4 - 5 ▪ Implement and enforce the structural and non-structural
BMPs requirement which protect water quality.
*BMP 5.2
Stormwater
The City performs annual cleaning of the concrete drainage
channels as well as the periodic inspections of the inlets, junction
boxes and stormwater outfalls to ensure that the system is free
Streets
Division
Year 1 - 5 ▪ Document annual cleaning and inspections of The City's
stormwater system.
45 City of Coppell
Stormwater Management Program
July 2019
Targeted Controls
Best Management
Practices
BMP Description Responsibility Implementation
Schedule
Measurable Goals
System
Maintenance
and clear of sediment and floatables as well as to ensure that the
system is intact and operating properly. Bacteria may attach to
floatables, debris, sediment, and other materials. Refraining to
remove such materials could influence bacteria levels in
waterways. 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.
▪ Continue periodic removal of trees from creeks to ensure
drainage ways and creeks are capable of conveying the
design flow.
*BMP 5.10
Training Program
The City has developed a training program for applicable
employees associated with park maintenance, fleet and building
maintenance, new construction, facilities maintenance, and
stormwater maintenance. The training program includes training
materials directed at preventing and reducing stormwater
pollution from municipal operations. The City will continue to train
applicable employees, to 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. As resources are available, the training
program will include educational material developed by NCTCOG
and stakeholders regarding bacterial discharges, as mentioned in
Implementation Plan for Seventeen Total Maximum Daily Loads
for Bacteria in the Greater Trinity River Region, also referred to
as "Implementation Plan" or "I-Plan".
City Engineer,
Parks
Department
Year 1 - 5 ▪ Continue to implement the employee training program on
pollution prevention and good housekeeping.
▪ Document employee training sessions and materials
distributed.
City of Coppell
Stormwater Management Program
July 2019
APPENDIX A
Area of Involvement Map
City of Coppell
Stormwater Management Program
July 2019
APPENDIX B
Storm Sewer Map
City of Coppell
Stormwater Management Program
July 2019
APPENDIX C
Interlocal Agreement
City of Coppell
Stormwater Management Program
July 2019
APPENDIX D
Resolution to Adopt the SWMP
City of Coppell
Stormwater Management Program
July 2019
APPENDIX E
TPDES General Permit
Small MS4 General Permit TPDES General Permit TXR040000
Page 2
TCEQ GENERAL PERMIT NUMBER TXR040000
RELATING TO DISCHARGES FROM
SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS
Table of Contents
Part I. Definitions ................................................................................................................... 6
Part II. Permit Applicability and Coverage ........................................................................... 13
Section A. Small MS4s Eligible for Authorization under this General Permit ............... 13
1. Small MS4s Located in an Urbanized Area .............................................................. 13
2. Designated Small MS4s ............................................................................................ 13
3. Operators of Previously Permitted Small MS4s ....................................................... 13
4. Regulated Portion of Small MS4 .............................................................................. 13
5. Categories of Regulated Small MS4s ........................................................................ 13
Section B. Available Waivers from Coverage .................................................................. 14
1. Waiver Option 1: ....................................................................................................... 15
2. Waiver Option 2: ....................................................................................................... 15
Section C. Allowable Non-Stormwater Discharges ......................................................... 16
Section D. Limitations on Permit Coverage .................................................................... 16
1. Discharges Authorized by Another TPDES Permit .................................................. 16
2. Discharges of Stormwater Mixed with Non-Stormwater ......................................... 17
3. Compliance with Water Quality Standards .............................................................. 17
4. Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements .. 17
5. Discharges to the Edwards Aquifer Recharge Zone ................................................. 21
6. Discharges to Specific Watersheds and Water Quality Areas .................................. 22
7. Protection of Streams and Watersheds by Home Rule Municipalities .................... 22
8. Indian Country Lands ............................................................................................... 22
9. Endangered Species Act ............................................................................................ 22
10. Other ......................................................................................................................... 23
Section E. Obtaining Authorization ................................................................................ 23
1. Application for Coverage .......................................................................................... 23
2. Late Submission of the NOI and SWMP .................................................................. 24
3. SWMP General Requirements .................................................................................. 24
4. SWMP Review ........................................................................................................... 24
5. SWMP Updates Required by TCEQ .......................................................................... 24
6. SWMP Updates ......................................................................................................... 25
Small MS4 General Permit TPDES General Permit TXR040000
Page 3
7. Transfer of Ownership, Operational Authority, or Responsibility for SWMP
Implementation ........................................................................................................ 26
8. Contents of the NOI .................................................................................................. 27
9. Notice of Change (NOC) ........................................................................................... 28
10. Change in Operational Control of a Small MS4 ........................................................ 28
11. Notice of Termination (NOT) ................................................................................... 28
12. Signatory Requirement for NOI, NOT, NOC, and Waiver Forms ............................ 28
13. Fees ........................................................................................................................... 28
14. Permit Expiration ..................................................................................................... 29
15. Suspension of Permit Coverage ................................................................................ 29
16. Public Notice Process for NOI submittal .................................................................. 29
Section F. Permitting Options ......................................................................................... 31
1. Authorization Under the General Permit ................................................................. 31
2. Alternative Coverage under an Individual TPDES Permit ....................................... 31
Part III. Stormwater Management Program (SWMP) ............................................................ 32
Section A. Developing a Stormwater Management Program (SWMP) ........................... 32
1. SWMP Development and Schedule .......................................................................... 32
2. Content of the SWMP ............................................................................................... 33
3. Legal Authority ......................................................................................................... 33
4. Resources .................................................................................................................. 34
5. Effluent Limitations .................................................................................................. 34
6. Enforcement Measures ............................................................................................. 34
Section B. Minimum Control Measures .......................................................................... 35
1. Public Education, Outreach, and Involvement ......................................................... 35
2. Illicit Discharge Detection and Elimination (IDDE) ................................................ 36
3. Construction Site Stormwater Runoff Control ........................................................ 40
4. Post Construction Stormwater Management in New Development and
Redevelopment ......................................................................................................... 43
5. Pollution Prevention and Good Housekeeping for Municipal Operations .............. 44
6. Industrial Stormwater Sources ................................................................................. 50
7. Authorization for Construction Activities where the Small MS4 is the Site
Operator .................................................................................................................... 50
Section C. General Requirements ................................................................................... 51
Part IV. Recordkeeping and Reporting .................................................................................. 52
Small MS4 General Permit TPDES General Permit TXR040000
Page 4
Section A. Recordkeeping................................................................................................ 52
Section B. Reporting ........................................................................................................ 52
1. General Reporting Requirements ............................................................................. 52
2. Annual Report ........................................................................................................... 53
Part V. Standard Permit Conditions ..................................................................................... 54
Part VI. Authorization for Municipal Construction Activities – Applicable only if the 7th
Optional MCM is selected ......................................................................................... 56
Section A. Eligible Construction Sites ............................................................................. 56
Section B. Discharges Eligible for Authorization ............................................................ 56
1. Stormwater Associated with Construction Activity .................................................. 56
2. Discharges of Stormwater Associated with Construction Support Activities .......... 56
3. Non-Stormwater Discharges .................................................................................... 57
4. Other Permitted Discharges ..................................................................................... 57
Section C. Limitations on Permit Coverage .................................................................... 57
Section D. Stormwater Pollution Prevention Plan (SWP3) Requirements ..................... 58
Section E. Stormwater Runoff from Concrete Batch Plants ........................................... 58
1. Benchmark Sampling Requirements ........................................................................ 58
2. BMPs and SWP3 Requirements .............................................................................. 60
3. Prohibition of Wastewater Discharges ..................................................................... 62
4. Concrete Truck Wash Out Requirements ................................................................. 62
Section F. Effective Date of Coverage ............................................................................. 63
Section G. Deadlines for SWP3 Preparation and Compliance ........................................ 63
Section H. Plan Review and Making Plans Available ...................................................... 63
Section I. Keeping Plans Current ................................................................................... 63
Section J. Contents of SWP3 .......................................................................................... 64
1. Site Description ......................................................................................................... 64
2. Structural and non-structural controls ..................................................................... 65
3. Stabilization Practices ............................................................................................... 65
4. Structural Control Practices ..................................................................................... 66
5. Permanent Stormwater Controls .............................................................................. 67
6. Other Controls .......................................................................................................... 67
7. Effluent Limits .......................................................................................................... 67
8. Approved State and Local Plans ............................................................................... 67
9. Maintenance ............................................................................................................. 67
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10. Inspections of Controls ............................................................................................. 67
11. Pollution Prevention Measures................................................................................. 69
Section K. Additional Retention of Records .................................................................... 69
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Part I. Definitions
Arid Areas - Areas with an average annual rainfall of less than ten (10) inches.
Benchmarks – A benchmark pollutant value is a guidance level indicator that helps determine
the effectiveness of chosen best management practices (BMPs). This type of monitoring differs
from “compliance monitoring” in that exceedances of the indicator or benchmark level are not
permit violations, but rather indicators that can help identify problems at the MS4 with exposed
or unidentified pollutant sources; or control measures that are either not working correctly,
whose effectiveness need to be re-considered, or that need to be supplemented with additional
BMP(s).
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.
Catch basins - Storm drain inlets and curb inlets to the storm drain system. Catch basins
typically include a grate or curb inlet that may accumulate sediment, debris, and other
pollutants.
Classified Segment - A water body that is listed and described in Appendix A or Appendix C
of the Texas Surface Water Quality Standards, at 30 Texas Administrative Code (TAC) § 307.10.
Clean Water Act (CWA) - 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 Activity - Soil disturbance, including clearing, grading, excavating, and other
construction related activities (e.g., stockpiling of fill material and demolition); and not
including routine maintenance that is performed to maintain the original line and grade,
hydraulic capacity, or original purpose of the site (e.g., the routine grading of existing dirt roads,
asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and similar
maintenance activities). Regulated construction activity is defined in terms of small and large
construction activity.
Small Construction Activity is construction activity that results in land disturbance of
equal to or greater than one (1) acre and less than five (5) acres of land. Small construction
activity also includes the disturbance of less than one (1) acre of total land area that is part
of a larger common plan of development or sale if the larger common plan will ultimately
disturb equal to or greater than one (1) and less than five (5) acres of land.
Large Construction Activity is construction activity that results 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.
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Construction Site Operator - The entity or entities associated with a small or large
construction project that meet(s) either of the following two criteria:
(a) The entity or entities 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 entity or entities that have day-to-day operational control of those activities at a
construction site that are necessary to ensure compliance with a stormwater pollution
prevention plan (SWP3) for the site or other permit conditions (for example they are
authorized to direct workers at a site to carry out activities required by the SWP3 or
comply with other permit conditions).
Control Measure - Any BMP or other method used to prevent or reduce the discharge of
pollutants to water in the state.
Conveyance - Curbs, gutters, man-made channels and ditches, drains, pipes, and other
constructed features designed or used for flood control or to otherwise transport stormwater
runoff.
Discharge – When used without a qualifier, refers to the discharge of stormwater runoff or
certain non-stormwater discharges as allowed under the authorization of this general permit.
Edwards Aquifer - As defined in 30 TAC §213.3 (relating to the Edwards Aquifer), that
portion of an arcuate belt of porous, water-bearing, predominantly carbonate rocks known as
the Edwards and Associated Limestones in the Balcones Fault Zone trending from west to east
to northeast in Kinney, Uvalde, Medina, Bexar, Comal, Hays, Travis, and Williamson Counties;
and composed of the Salmon Peak Limestone, McKnight Formation, West Nueces Formation,
Devil’s River Limestone, Person Formation, Kainer Formation, Edwards Formation, and
Georgetown Formation. The permeable aquifer units generally overlie the less-permeable Glen
Rose Formation to the south, overlie the less-permeable Comanche Peak and Walnut
Formations north of the Colorado River, and underlie the less-permeable Del Rio Clay
regionally.
Edwards Aquifer Recharge Zone - Generally, that area where the stratigraphic units
constituting the Edwards Aquifer crop out, including the outcrops of other geologic formations
in proximity to the Edwards Aquifer, where caves, sinkholes, faults, fractures, or other
permeable features would create a potential for recharge of surface waters into the Edwards
Aquifer. The recharge zone is identified as that area designated as such on official maps located
in the offices of the TCEQ or the TCEQ website.
Final Stabilization - A construction site where any of the following conditions are met:
(a) All soil disturbing activities at the site have been completed and a uniform (for
example, evenly distributed, without large bare areas) perennial vegetative cover with a
density of 70 percent of the native background vegetative cover for the area has been
established on all unpaved areas and areas not covered by permanent structures, or
equivalent permanent stabilization measures (such as the use of riprap, gabions, or
geotextiles) have been employed.
(b) For individual lots in a residential construction site by either:
(1) The homebuilder completing final stabilization as specified in condition (a) above;
or
(2) The homebuilder establishing temporary stabilization for an individual lot prior to
the time of transfer of the ownership of the home to the buyer and after informing
the homeowner of the need for, and benefits of, final stabilization.
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(c) For construction activities on land used for agricultural purposes (for example
pipelines across crop or range land), final stabilization may be accomplished by
returning the disturbed land to its preconstruction agricultural use. Areas disturbed
that were not previously used for agricultural activities, such as buffer strips
immediately adjacent to 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.
(d) In arid, semi-arid, and drought-stricken areas only, all soil disturbing activities at the
site have been completed and both of the following criteria have been met:
(1) Temporary erosion control measures (e.g., degradable rolled erosion control
product) are selected, designed, and installed along with an appropriate seed base
to provide erosion control for at least three years without active maintenance by
the operator, and
(2) The temporary erosion control measures are selected, designed, and installed to
achieve 70 percent vegetative coverage within three years.
General Permit - A permit issued to authorize the discharge of waste into or adjacent to water
in the state for one or more categories of waste discharge within a geographical area of the state
or the entire state as provided by Texas Water Code (TWC) §26.040.
Groundwater 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.
High Priority Facilities - High priority facilities are facilities with a high potential to generate
stormwater pollutants. These facilities must include, at a minimum, the MS4 operator’s
maintenance yards, hazardous waste facilities, fuel storage locations, and other facilities where
chemicals or other materials have a high potential to be discharged in stormwater. Among the
factors that must be considered when giving a facility a high priority ranking are: the amount of
urban pollutants stored at the site, the identification of improperly stored materials, activities
that must not be performed outside (for example, changing automotive fluids, vehicle washing),
proximity to waterbodies, proximity to sensitive aquifer recharge features, poor housekeeping
practices, and discharge of pollutant(s) of concern to impaired water(s).
Hyperchlorinated Water – Water resulting from hyperchlorination of waterlines or vessels,
with a chlorine concentration greater than 10 milligrams per liter (mg/L).
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 stormwater, except discharges pursuant to this general permit or a separate
authorization and discharges resulting from emergency fire fighting activities.
Impaired Water - A surface water body that is identified as impaired on the latest approved
CWA §303(d) List or waters with an EPA approved or established TMDL that are found on the
latest EPA approved Texas Integrated Report of Surface Water Quality for CWA Sections
305(b) and 303(d) which lists the category 4 and 5 water bodies.
Implementation Plan (I-Plan) – A detailed plan of action that describes the measures or
activities necessary to achieve the pollutant reductions identified in the total maximum daily
load (TMDL).
Indian Country - Defined in 18 USC § 1151 as: (a) All land within the limits of any Indian
reservation under the jurisdiction of the United States (U.S.) Government, notwithstanding the
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issuance of any patent, and including rights-of-way running through the reservation; (b) All
dependent Indian communities within the borders of the U.S. 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.
Indicator Pollutant - An easily measured pollutant, that may or may not impact water quality
that indicates the presence of other stormwater pollutants.
Industrial Activity - Any of the ten (10) categories of industrial activities included in the
definition of “stormwater discharges associated with industrial activity” as defined in 40 Code of
Federal Regulations (CFR) §122.26(b)(14)(i)-(ix) and (xi).
Infeasible - For the purpose of this permit, infeasible means not technologically possible, or
not economically practicable and achievable in light of best industry practices. The TCEQ notes
that it does not intend for any small MS4 permit requirement to conflict with state water right
laws.
Maximum Extent Practicable (MEP) - The technology-based discharge standard for
municipal separate storm sewer systems (MS4s) to reduce pollutants in stormwater discharges
that was established by the CWA § 402(p). A discussion of MEP as it applies to small MS4s is
found in 40 CFR § 122.34.
MS4 Operator - For the purpose of this permit, the public entity 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.
Municipal Separate Storm Sewer System (MS4) - A conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains):
(a) Owned or operated by the U.S., a state, city, town, borough, county, parish, district,
association, or other public body (created by or pursuant to state law) having jurisdiction
over the disposal of sewage, industrial wastes, stormwater, 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 the CWA §208 that discharges
to surface water in the state;
(b) That is designed or used for collecting or conveying stormwater;
(c) That is not a combined sewer; and
(d) That is not part of a publicly owned treatment works (POTW) as defined in 40 CFR
§122.2.
Non-traditional Small MS4 - A small MS4 that often cannot pass ordinances and may not
have the enforcement authority like a traditional small MS4 would have to enforce the
stormwater management program. Examples of non-traditional small MS4s include counties,
transportation authorities (including the Texas Department of Transportation), municipal utility
districts, drainage districts, military bases, prisons and universities.
Notice of Change (NOC) - A 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.
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Notice of Intent (NOI) - 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 - A point source at the point where a small MS4 discharges to waters of the 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. For the purpose of this permit, sheet flow leaving
a linear transportation system without channelization is not considered an outfall. Point sources
such as curb cuts; traffic or right-or-way barriers with drainage slots that drain into open
culverts, open swales or an adjacent property, or otherwise not actually discharging into waters
of the U.S. are not considered an outfall.
Permittee - The MS4 operator authorized under this general permit.
Point Source - (from 40 CFR § 122.22) 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 stormwater runoff.
Pollutant(s) of Concern – For the purpose of this permit, includes biochemical oxygen
demand (BOD), sediment or a parameter that addresses sediment (such as total suspended
solids (TSS), 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 § 122.32(e)(3)).
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, routine maintenance activities, and
linear utility installation.
Semiarid Areas - Areas with an average annual rainfall of at least ten (10) inches, but less
than 20 inches.
Small Municipal Separate Storm Sewer System (MS4) – A conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains):
(a) Owned or operated by the U.S., 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, stormwater, 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 CWA § 208;
(b) Designed or used for collecting or conveying stormwater;
(c) Which is not a combined sewer;
(d) Which is not part of a POTW as defined in 40 CFR § 122.2; and
(e) Which was not previously regulated under a National Pollutant Discharge Elimination
System (NPDES) or a Texas Pollutant Discharge Elimination System (TPDES)
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individual permit as a medium or large municipal separate storm sewer system, as
defined in 40 CFR §§122.26(b)(4) and (b)(7).
This term includes systems similar to separate storm sewer systems at military bases, large
hospitals 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 a small MS4 that is also operated by that public entity.
Stormwater and Stormwater Runoff - Rainfall runoff, snow melt runoff, and surface
runoff and drainage.
Stormwater Associated with Construction Activity - Stormwater runoff from an area
where there is either a large construction or a small construction activity.
Stormwater 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 stormwater
runoff. Structural controls and practices may include but are not limited to: wet ponds,
bioretention, infiltration basins, stormwater 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,
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.
Traditional Small MS4 - A small MS4 that can pass ordinances and have the enforcement
authority to enforce the stormwater management program. An example of traditional MS4s
includes cities.
Urbanized Area (UA) - An area of high population density that may include multiple small
MS4s as defined and used by the U.S. Census Bureau in the 2000 and the 2010 Decennial
Census.
Waters of the United States - (According to 40 CFR § 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;
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(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
(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 of the CWA are not waters of the U.S. This exclusion applies only to manmade
bodies of water which neither were originally created in waters of the U.S. (such as disposal area
in wetlands) nor resulted from the impoundment of waters of the U.S. Waters of the U.S. 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 CWA, the final
authority regarding the CWA jurisdiction remains with the EPA.
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Part II. Permit Applicability and Coverage
This general permit provides authorization for stormwater and certain non-stormwater
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.
Section A. Small MS4s Eligible for Authorization under this General Permit
Discharges from a small MS4 must be authorized if any of the following criteria are met and
may be authorized under this general permit if coverage is not otherwise prohibited.
1. Small MS4s Located in an Urbanized Area
Operators of small MS4s that are fully or partially located within an urbanized area (UA), as
determined by the 2000 or 2010 Decennial Censuses by the U.S. Census Bureau, must
obtain authorization for the discharge of stormwater runoff and are eligible for coverage
under this general permit unless otherwise prohibited.
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 § 122.32(a)(2) or 40 CFR § 122.26(a)(1)(v) and
adopted by reference in Title 30, TAC § 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 stormwater permit
within 180 days of notification of their designation.
3. Operators of Previously Permitted Small MS4s
Operators of small MS4s that were covered under the previous TPDES general permit for
small MS4s (TXR040000, issued and effective on December 13, 2013) must reapply for
permit coverage, or must obtain a waiver if applicable (see Part II.B, related to Obtaining a
Waiver.)
4. Regulated Portion of Small MS4
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 UA as defined and used by the U.S. Census
Bureau in the 2000 or 2010 Censuses, as well as any portion of the small MS4 that is
designated by TCEQ.
For the purpose of this permit, the regulated portion of a small MS4 for a transportation
entity is the land owned by the permittee within the UA which functions as, or is integral to
a transportation system with drainage conveyance. Non-contiguous property that does not
drain into the transportation drainage system is not subject to this general permit.
5. Categories of Regulated Small MS4s
This permit defines MS4 operators by the following categories, or levels, based on the
population served within the 2010 UA. The level of a small MS4 may change during the
permit term based on the MS4 operator acquiring or giving up regulated area, such as by
annexing land or if land is annexed away. However, the level of a small MS4 will not change
during the permit term based on population fluctuation.
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The level of an MS4 is based on most the recent Decennial Census at the time of permit
issuance. A national Census held during a permit term will not affect the level of an MS4
until the next permit renewal.
(a) Level 1: Operators of traditional small MS4s that serve a population of less than 10,000
within a UA;
(b) Level 2: Operators of traditional small MS4s that serve a population of at least 10,000
but less than 40,000 within a UA. This category also includes all non-traditional small
MS4s such as counties, drainage districts, transportation entities, military bases,
universities, colleges, correctional institutions, municipal utility districts and other
special districts regardless of population served within the UA, unless the non-
traditional MS4 can demonstrate that it meets the criteria for a waiver from permit
coverage based on the population served;
(c) Level 3: Operators of traditional small MS4s that serve a population of at least 40,000
but less than 100,000 within a UA;
(d) Level 4: Operators of traditional small MS4s that serve a population of 100,000 or
more within a UA.
For the purpose of this section “serve a population” means the residential population within
the regulated portion of the small MS4 based on the 2010 Census, except for non-traditional
small MS4s listed in (b) above.
Section B. Available Waivers from Coverage
The TCEQ may waive permitting requirements for small regulated MS4 operators if the
criteria are met for Waiver Option 1 or 2 below. To obtain Waiver Option 1, the MS4
operator must submit the request on a waiver form provided by the executive director, or,
starting from December 21, 2020, complete the form electronically via the online e-
permitting system available through the TCEQ website.
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 30 days after an administratively complete waiver form is
postmarked for delivery to the TCEQ, or starting from December 21, 2020, complete the
form electronically via the online e-permitting system available through the TCEQ website.
Following review of the waiver form, the executive director may:(1) Determine that the
waiver form is technically complete and approve 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 a 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.
At any time the TCEQ may 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.
At any time the TCEQ can request to review any waivers granted to MS4 operators to
determine whether any of the information required for granting the waiver has changed. At
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a minimum TCEQ will review all waivers when MS4 operators submit their renewal waiver
applications.
For the purpose of obtaining a waiver, the population served refers to the residential
population for traditional small MS4s and for certain non-traditional small MS4s with a
residential population (such as counties and municipal utility districts). For other non-
traditional small MS4s, the population served refers to the number of people using the small
MS4 on an average operational day.
Effective December 21, 2020, applicants must submit a waiver using the online e-permitting
system available through the TCEQ website, or request and obtain a waiver from electronic
reporting from the TCEQ. Waivers from electronic reporting are not transferrable and
expire on the same date as the authorization.
1. Waiver Option 1:
The small MS4 serves a population of less than 1,000 within a UA and meets the following
criteria:
(a) The small MS4 is not contributing substantially to the pollutant loadings of a physically
interconnected MS4 that is regulated by the NPDES / TPDES stormwater program (40
CFR § 122.32(d)); and
(b) If the small MS4 discharges any pollutant(s) that have been identified as a cause of
impairment of any water body to which the small MS4 discharges, stormwater controls
are not needed based on wasteload allocations that are part of an EPA approved or
established TMDL that addresses the pollutant(s) of concern.
2. Waiver Option 2:
The small MS4 serves a population under 10,000 within a UA and meets the following
criteria:
(a) The TCEQ has evaluated all waters of the U.S., 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 stormwater 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.
(d) For the purpose of this paragraph (2.), the 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 the small MS4.
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Section C. Allowable Non-Stormwater Discharges
The following non-stormwater 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, or they are otherwise prohibited by
the MS4 operator:
1. Water line flushing (excluding discharges of hyperchlorinated 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 that do not violate Texas Surface Water Quality
Standards;
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 that do not violate Texas Surface Water
Quality Standards;
14. Street wash water excluding street sweeper waste water;
15. Discharges or flows from emergency 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-stormwater discharges listed in 40 CFR § 122.26(d)(2)(iv)(B)(1);
17. Non-stormwater discharges that are specifically listed in the TPDES Multi Sector
General Permit (MSGP) TXR050000 or the TPDES Construction General Permit
(CGP) TXR150000;
18. Discharges that are authorized by a TPDES or NPDES permit or that are not required
to be permitted; and
19. Other similar occasional incidental non-stormwater discharges such as spray park
water, unless the TCEQ develops permits or regulations addressing these discharges.
Section D. Limitations on Permit Coverage
1. 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:
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(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 TAC Chapter 205 considerations and
requirements, or other site-specific considerations.
2. Discharges of Stormwater Mixed with Non-Stormwater
Stormwater discharges that combine with sources of non-stormwater are not eligible for
coverage by this general permit, unless either the non-stormwater source is described in
Part II.C of this general permit or the non-stormwater source is authorized under a separate
TPDES permit.
3. Compliance with Water Quality Standards
Discharges to surface water in the state that would cause, has the reasonable potential to
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
except as described in Part II.D.4 below. 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 has the
reasonable potential to cause, or contribute to, a violation of water quality standards or is
found to cause, have the reasonable potential 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 based on factors described in Part II.F.2.
4. Impaired Water Bodies and Total Maximum Daily Load (TMDL)
Requirements
Discharges of the pollutant(s) of concern to impaired water bodies for which there is a
TCEQ and EPA approved TMDL are not eligible for this general permit unless they are
consistent with the approved TMDL. A water body is impaired for purposes of the permit if
it has been identified, pursuant to the latest TCEQ and EPA approved CWA §303(d) list or
the Texas Integrated Report of Surface Water Quality for CWA Sections 305(b) and 303(d)
which lists the category 4 and 5 water bodies, as not meeting Texas Surface Water Quality
Standards.
The permittee shall check annually, in conjunction with preparation of the annual report,
whether an impaired water within its permitted area has been added to the latest EPA
approved 303(d) list or the Texas Integrated Report of Surface Water Quality for CWA
Sections 305(b) and 303(d) which lists the category 4 and 5 water bodies. Within two years
following the approval date of the new list(s) of impaired waters, the permittee shall comply
with the requirements of Part II.D.4.(b) (with the exception of (b)(1)c), and shall identify
any newly listed waters in the annual report (consistent with Part IV.B.2.f) and SWMP
(consistent with Part III.A.2.f).
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D
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The permittee shall control the discharges of pollutant(s) of concern to impaired waters and
waters with approved TMDLs as provided in sections (a) and (b) below, and shall assess the
progress in controlling those pollutants.
(a) Discharges to Water Quality Impaired Water Bodies with an Approved TMDL
If the small MS4 discharges to an impaired water body with an approved TMDL, where
stormwater has the potential to cause or contribute to the impairment, the permittee
shall include in the SWMP controls targeting the pollutant(s) of concern along with any
additional or modified controls required in the TMDL and this section.
The SWMP and required annual reports must include information on implementing
any targeted controls required to reduce the pollutant(s) of concern as described below:
(1) Targeted Controls
The SWMP must include a detailed description of all targeted controls to be
implemented, such as identifying areas of focused effort or implementing
additional Best Management Practices (BMPs) to reduce the pollutant(s) of
concern in the impaired waters.
(2) Measurable Goals
For each targeted control, the SWMP must include a measurable goal and an
implementation schedule describing BMPs to be implemented during each year of
the permit term.
(3) Identification of Benchmarks
The SWMP must identify a benchmark for the pollutant(s) of concern.
Benchmarks are designed to assist in determining if the BMPs established are
effective in addressing the pollutant(s) of concern in stormwater discharge(s) from
the MS4 to the maximum extent practicable (MEP). The BMPs addressing the
pollutant of concern must be re-evaluated on an annual basis for progress towards
the benchmarks and modified as necessary within an adaptive management
framework. These benchmarks are not numeric effluent limitations or permit
conditions but intended to be guidelines for evaluating progress towards reducing
pollutant discharges consistent with the benchmarks. The exceedance of a
benchmark is not a permit violation and does not in itself indicate a violation of
instream water quality standards.
The benchmark must be determined based on one of the following options:
a. If the MS4 is subject to a TMDL that identifies a Waste Load Allocation(s)
(WLA) for permitted MS4 stormwater sources, then the SWMP may identify it
as the benchmark. Where an aggregate allocation is used as a benchmark, all
affected MS4 operators are jointly responsible for progress in meeting the
benchmark and shall (jointly or individually) develop a
monitoring/assessment plan as required in Part II.D.4(a)(6).
b. Alternatively, if multiple small MS4s are discharging into the same impaired
water body with an approved TMDL, with an aggregate WLA for all permitted
stormwater MS4s, then the MS4s may combine or share efforts to determine
an alternative sub-benchmark value for the pollutant(s) of concern (e.g.,
bacteria) for their respective MS4. The SWMP must clearly define this
alternative approach and must describe how the sub-benchmark value would
cumulatively support the aggregate WLA. Where an aggregate benchmark has
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D
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been broken into sub-benchmark values for individual MS4s, each permittee is
only responsible for progress in meeting its sub-benchmark value.
(4) Annual Report
The annual report must include an analysis of how the selected BMPs will be
effective in contributing to achieving the benchmark value.
(5) Impairment for Bacteria
If the pollutant of concern is bacteria, the permittee shall implement BMPs
addressing the below areas, as applicable, in the SWMP and implement as
appropriate. If a TMDL Implementation Plan (I-Plan) is available, the permittee
may refer to the I-Plan for appropriate BMPs. The SWMP and annual report must
include the selected BMPs. Permitees may not exclude BMPs associated with the
minimum control measures required under 40 CFR §122.34 from their list of
proposed BMPs. Proposed BMPs will be reviewed by the executive director during
the NOI and SWMP review and approval process.
The BMPs shall, as appropriate, address the following:
a. Sanitary Sewer Systems
(i) Make improvements to sanitary sewers to reduce overflows;
(ii) Address lift station inadequacies;
(iii) Improve reporting of overflows; and
(iv) Strengthen sanitary sewer use requirements to reduce blockage from fats,
oils, and grease.
b. On-site Sewage Facilities (for entities with appropriate jurisdiction)
(i) Identify and address failing systems; and
(ii) Address inadequate maintenance of On-Site Sewage Facilities (OSSFs).
c. Illicit Discharges and Dumping
Place additional effort to reduce waste sources of bacteria; for example, from
septic systems, grease traps, and grit traps.
d. Animal Sources
Expand existing management programs to identify and target animal sources
such as zoos, pet waste, and horse stables.
e. Residential Education
Increase focus to educate residents on:
(i) Bacteria discharging from a residential site either during runoff events or
directly;
(ii) Fats, oils, and grease clogging sanitary sewer lines and resulting
overflows;
(iii) Maintenance and operation of decorative ponds; and
(iv) Proper disposal of pet waste.
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D
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(6) Monitoring or Assessment of Progress
The permittee shall develop a Monitoring/Assessment Plan to monitor or assess
progress in achieving benchmarks and determine the effectiveness of BMPs, and
shall include documentation of this monitoring or assessment in the SWMP and
annual reports. In addition, the SWMP must include methods to be used.
a. The permittee may use either of the following methods to evaluate progress
towards the benchmark and improvements in water quality in achieving the
water quality standards as follows:
(i) Evaluating Program Implementation Measures
The permittee may evaluate and report progress towards the benchmark
by describing the activities and BMPs implemented, by identifying the
appropriateness of the identified BMPs, and by evaluating the success of
implementing the measurable goals.
The permittee may assess progress by using program implementation
indicators such as: (1) number of sources identified or eliminated; (2)
decrease in number of illegal dumping; (3) increase in illegal dumping
reporting; (4) number of educational opportunities conducted; (5)
reductions in sanitary sewer flows (SSOs); or, (6) increase in illegal
discharge detection through dry screening, etc.; or
(ii) Assessing Improvements in Water Quality
The permittee may assess improvements in water quality by using
available data for segment and assessment units of water bodies from
other reliable sources, or by proposing and justifying a different approach
such as collecting additional instream or outfall monitoring data, etc. Data
may be acquired from TCEQ, local river authorities, partnerships, and/or
other local efforts as appropriate.
b. Progress towards achieving the benchmark shall be reported in the annual
report. Annual reports shall report the benchmark and the year(s) during the
permit term that the MS4 conducted additional sampling or other assessment
activities.
(7) Observing no Progress Towards the Benchmark
If, by the end of the third year from the effective date of the permit, the permittee
observes no progress toward the benchmark either from program implementation
or water quality assessments as described in Part II.D.4(a)(6), the permittee shall
identify alternative focused BMPs that address new or increased efforts towards
the benchmark or, as appropriate, shall develop a new approach to identify the
most significant sources of the pollutant(s) of concern and shall develop alternative
focused BMPs for those (this may also include information that identifies issues
beyond the MS4’s control). These revised BMPs must be included in the SWMP
and subsequent annual reports.
Where the permittee originally used a benchmark value based on an aggregated
WLA, the permittee may combine or share efforts with other MS4s discharging to
the same watershed to determine an alternative sub-benchmark value for the
pollutant(s) of concern for their respective MS4s, as described in Part
II.D.4(a)(3)(b) above. Permittees must document, in their SWMP for the next
permit term, the proposed schedule for the development and subsequent adoption
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D
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of alternative sub-benchmark value(s) for the pollutant(s) of concern for their
respective MS4s and associated assessment of progress in meeting those individual
benchmarks.
(b) Discharges Directly to Water Quality Impaired Water Bodies without an Approved
TMDL
The permittee shall also determine whether the permitted discharge is directly to one
or more water quality impaired water bodies where a TMDL has not yet been approved
by TCEQ and EPA. If the permittee discharges directly into an impaired water body
without an approved TMDL, the permittee shall perform the following activities:
(1) Discharging a Pollutant of Concern
a. The permittee shall determine whether the small MS4 may be a source of the
pollutant(s) of concern by referring to the CWA §303(d) list and then
determining if discharges from the MS4 would be likely to contain the
pollutant(s) of concern at levels of concern.
b. If the permittee determines that the small MS4 may discharge the pollutant(s)
of concern to an impaired water body without an approved TMDL, the
permittee shall ensure that the SWMP includes focused BMPs, along with
corresponding measurable goals, that the permittee will implement, to reduce,
the discharge of pollutant(s) of concern that contribute to the impairment of
the water body.
c. In addition, the permittee shall submit an NOC to amend the SWMP in
accordance with Part II.E.6 to include any additional BMPs to address the
pollutant(s) of concern. This requirement does not apply to BMPs
implemented to address impaired waters that are listed after permit
authorization pursuant to Part II.D.4.
(2) Impairment of Bacteria
Where the impairment is for bacteria, the permittee shall identify potential
significant sources and develop and implement focused BMPs for those sources.
The permittee may implement the BMPs listed in Part II.D.4(a)(5) or proposed
alternative BMPs as appropriate.
(3) The annual report must include information on compliance with this section,
including results of any sampling conducted by the permittee.
5. Discharges to the Edwards Aquifer Recharge Zone
Discharges of stormwater from regulated small MS4s, and other non-stormwater
discharges, are not authorized by this general permit where those discharges are prohibited
by 30 TAC Chapter 213 (Edwards Aquifer Rule). 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 TAC 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 (WPAP) under the Edwards Aquifer Rule are in addition to the
requirements of this general permit. BMPs and maintenance schedules for structural
stormwater 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 stormwater
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D
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runoff are in addition to the effluent limitation requirements found in Part VI.D. of this
general permit.
The permittee’s agency-approved WPAPs that are required by the Edwards Aquifer Rule
must be referenced in the SWMP. Additional agency-approved WPAPs received after the
SWMP submittal must be recorded in the annual report for each respective permit year. For
discharges originating from the small MS4 permitted area, and located on or within ten
stream miles upstream of the Edwards Aquifer recharge zone, applicants must also submit a
copy of the MS4 NOI to the appropriate TCEQ Regional Office with each WPAP application.
Counties: Comal, Bexar, Medina, Uvalde, and Kinney
Contact:
TCEQ, Water Program Manager
San Antonio Regional Office
14250 Judson Road
San Antonio, Texas 78233-4480
(210) 490-3096
Counties: Williamson, Travis, and Hays
Contact:
TCEQ, Water Program Manager
Austin Regional Office
12100 Park 35 Circle, Bldg. A, Rm 179
Austin, Texas 78753
(512) 339-2929
6. Discharges to Specific Watersheds and Water Quality Areas
Discharges of stormwater from regulated small MS4s and other non-stormwater discharges
are not authorized by this general permit where prohibited by 30 TAC 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
Texas Local Government Code § 401.002.
8. Indian Country Lands
Stormwater runoff from small MS4s that occur 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 stormwater require authorization under federal NPDES regulations, authority
for these discharges must be obtained from the U.S. EPA.
9. Endangered Species Act
Discharges that would adversely affect a listed endangered or threatened species or its
critical habitat are not authorized by this permit. Federal requirements related to
endangered species apply to all TPDES permitted discharges, and site-specific controls may
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E
Page 23
be required to ensure that protection of endangered or threatened species is achieved. If a
permittee has concerns over potential impacts to listed species, the permittee shall contact
TCEQ for additional information prior to submittal of the NOI and SWMP. If adverse
impact is determined after submittal of the NOI and SWMP or after permit issuance, the
permittee shall contact TCEQ immediately to determine corrective action and potential
modification to the MS4’s permit.
10. 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
TAC § 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).
Section E. Obtaining Authorization
1. Application for Coverage
When submitting a notice of intent (NOI) and SWMP, for coverage under this general
permit, as described in Parts II.E.3., II.E.8, and Part III, the applicant must follow the
public notice and availability requirements found in Part II.E.16 of this general permit.
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 NOI and SWMP must be submitted to the TCEQ Water Quality Division, at the
address specified on the form or starting from December 21, 2020, must be submitted
electronically via the online e-permitting system available through the TCEQ website.
Following review of the NOI and SWMP, the executive director may determine that: 1) The
submission is complete and the NOI and SWMP are approved, 2) The NOI or SWMP are
incomplete and deny coverage and require that a new complete NOI and SWMP be
submitted, 3) Approve the NOI and SWMP with revisions and provide a written description
of the required revisions along with any compliance schedule(s), or 4) Deny coverage and
provide a deadline by which the MS4 operator must submit an application for an individual
permit. Where the executive director approves the submittal, either with or without
changes, the applicant must then carry out the public participation provisions in Part
II.E.12. Following the completion of the public participation process, the applicant is
authorized to discharge upon notification by TCEQ, at which point the permittee is subject
to the terms of this permit and the approved terms of the SWMP. Denial of coverage under
this general permit is subject to the requirements of 30 TAC § 205.4(c). Application
deadlines are as follows:
(a) Small MS4s Located in a 2000 or 2010 UA (Previously regulated Small MS4s)
Operators of small MS4s described in Part II.A.1 that were required to obtain
authorization under the 2013 TPDES General Permit TXR040000 based on the 2000
and 2010 UA maps shall submit an NOI and SWMP within 180 days following the
effective date of this general permit.
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(b) Designated Small MS4s
Following designation, operators of small MS4s described in Part II.A.2 shall submit an
NOI and SWMP, or apply for coverage under an individual TPDES stormwater permit,
within 180 days of being notified in writing by the TCEQ of the need to obtain permit
coverage.
(c) Individual Permit Alternative
If an operator of a small MS4 described in Part II.A.1. of this general permit elects to
apply for an individual permit, the application must be submitted within 90 days
following the effective date of this general permit.
Effective December 21, 2020, the NOI and the SWMP must be submitted using the online e-
permitting system available through the TCEQ website, unless the permittee requests and
obtains an electronic reporting waiver. Waivers from electronic reporting are not
transferrable and expire on the same date as the authorization to discharge.
2. Late Submission of the NOI and SWMP
Operators are not prohibited from submitting an NOI and SWMP after the deadlines
provided. If a late NOI and SWMP are submitted, then this general permit provides
authorization 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. SWMP General Requirements
A SWMP must be developed and submitted with the NOI for eligible discharges that will
reach waters of the U.S., including discharges from the regulated small MS4 to other MS4s
or to 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. The SWMP must
include, as appropriate, the months and years in which the permittee will undertake
required actions, including interim milestones and the frequency of the action throughout
the permit term.
New elements in the program must be completely implemented within five years of the
effective date of this general permit, or within five years of being designated for those small
MS4s which are designated following permit issuance. Previously regulated MS4s shall
assess existing program elements set forth in the previous permit, modify as necessary, and
develop and implement new elements, as necessary, to continue reducing the discharge of
pollutants from the MS4 to the MEP.
4. SWMP Review
The permittee shall participate in an annual review of its SWMP in conjunction with
preparation of the annual report required in Part IV.B.2. Results of the review shall be
documented in the annual report.
5. SWMP Updates Required by TCEQ
Changes may be made to the SWMP during the permit term. The TCEQ may notify the
permittee of the need to modify the SWMP to be consistent with the general permit, in
which case the permittee will have 90 days to finalize such changes to the SWMP.
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6. SWMP Updates
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 NOI.
Changes to the SWMP that are made after TCEQ approval of the NOI and SWMP may be
made by submittal and approval of a notice of change (NOC) unless the changes are non-
substantial and do not change terms and conditions in the SWMP. Changes may be made as
follows:
(a) Changes that do not require an NOC
The following changes may be implemented without submitting an NOC form. The
changes may be made immediately following revision of the SWMP:
(1) Adding (but not subtracting or replacing) components, controls, or requirements
to the SWMP;
(2) Adding areas such as by annexing land, or otherwise acquire additional land that
expands the boundary of the MS4, or subtracting areas, such as by de-annexing
lands;
(3) Adding impaired water bodies that are identified pursuant to Part II.D.4; and
(4) Minor modifications to the SWMP that include administrative or non-substantial
changes as follows:
a. A change in personnel, or a reorganization of departments responsible for
implementing the SWMP;
b. Minor clarifications to the existing BMPs;
c. Correction of typographical errors;
d. Other similar administrative or non-substantive comments.
(b) Changes that require an NOC
Modifications to the SWMP that include the following changes require submittal of an
NOC along with those portions of the SWMP that are applicable to the change(s). The
changes may be implemented once the permittee receives approval of the NOC.
(1) Replacing a less effective or infeasible BMP specifically identified in the SWMP
with an alternative BMP, (for example, replacing a structural BMP with a non-
structural BMP would be considered a replacement). The SWMP update must
include documentation of the following:
a. An analysis of why the BMP is ineffective or infeasible (including cost
prohibitive);
b. Expectations of the effectiveness of the replacement BMP; and
c. An analysis of why the replacement BMP is expected to achieve the goals of
the BMP to be replaced;
(2) Requirement for more frequent monitoring or reporting by the permittee; and
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E
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(3) Interim compliance date change in a schedule of compliance, provided the new
date is not more than 120 days after the date specified in the existing permit and
does not interfere with attainment of the final compliance date requirement.
(c) Changes that require an NOC and Public Notice
All other modifications that changes permit terms and conditions must be submitted
on an NOC form along with those portions of the SWMP that are applicable to the
changes. The changes may only be implemented following public notice and written
approval by TCEQ.
(1) After receiving an NOC, the TCEQ evaluates if the requested change(s) can be
approved and might request additional information from the permittee during the
review process. If the request can be approved, the MS4 is required to post the
notice of the Executive Director’s preliminary determination of the NOC and the
revised terms of the SWMP on the MS4’s website. If the MS4 does not have a
website, the MS4 must notify TCEQ and TCEQ will post the notice on the TCEQ
website at https://www.tceq.texas.gov/.
(2) The public comment period begins on the first day the notice is posted on the MS4
or the TCEQ website and ends 30 days later. If the 30th calendar day falls on a date
that TCEQ is not open for business, then the public comment period is extended
until 5 pm on the next TCEQ business day. If there is a decision to hold a public
meeting, then the public comment period will continue until the public meeting
has been held. The public may submit comments regarding the proposed changes
to the TCEQ Water Quality Division.
(3) The Executive Director will hold a public meeting (equivalent to a “public hearing”
as required by 40 CFR §122.28(d)(2)(ii)) if it is determined there is significant
public interest. The Executive Director will post a notice of the public meeting on
the TCEQ website at https://www.tceq.texas.gov/. The notice of a public meeting
will be posted at least 30 days before the meeting and will be held in the county
where the MS4 is located or primarily located. TCEQ staff will facilitate the
meeting and provide a sign in sheet for attendees to register their names and
addresses. The public meeting held under this general permit is not an evidentiary
proceeding. If a public meeting is held, the comment period will end at the
conclusion of the public meeting.
(4) The Executive Director, after considering public comment, shall incorporate the
NOC changes into the SWMP. Once the revised terms are incorporated into the
SWMP, the Executive Director will notify the permittee and the public on the
revised terms and conditions of the SWMP.
7. Transfer of Ownership, Operational Authority, or Responsibility for SWMP
Implementation
The permitte shall implement the SWMP:
(a) On all new areas added to its portion of the MS4 (or where the permittee becomes
responsible for implementation of stormwater quality controls) as expeditiously as
possible, but no later than three (3) years from addition of the new area.
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E
Page 27
Implementation may be accomplished in a phased manner to allow additional time for
controls that cannot be implemented immediately.
(b) Within ninety (90) days of a transfer of ownership, operational authority, or
responsibility for SWMP implementation, the permittee shall have a plan for
implementing the SWMP in all affected areas. The plan must include schedules for
implementation, and information on all new annexed areas. Any resulting updates
required to the SWMP shall be submitted in the annual report.
8. Contents of the NOI
The NOI must contain the following minimum information:
(a) MS4 Operator Information
(1) The name, mailing address, electronic mail (email) address, telephone number,
and facsimile (fax) number of the MS4 operator; and
(2) The legal status of the MS4 operator (for example, 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) The name, mailing address, telephone number, email (if available) and fax number
of the designated person(s) responsible for implementing or coordinating
implementation of the SWMP;
(5) A signature and certification on the NOI, according to 30 TAC § 305.44, that a
SWMP has been developed according to the provisions of this permit;
(6) A statement that the applicant will comply with the Public Participation
requirements described in Part II.E.12.;
(7) 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 must be identified;
(8) The name of any MS4 receiving the discharge prior to discharge into waters of the
U.S.;
(9) The name of all surface water(s) receiving discharges from the small MS4 that are
on the latest EPA-approved CWA § 303(d) list of impaired waters;
(10) An indication of whether the small MS4 discharges within the Recharge Zone, the
Contributing Zone or the Contributing Zone within the Transition Zone of the
Edwards Aquifer; and
(11) Any other information deemed necessary by the executive director.
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9. 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 an NOC within 30 days after discovery. If any information provided in the NOI
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 Parts II.E.4
through 6. Changes that are made to the SWMP following NOI approval must be made
using an NOC form, in accordance with Part II.E.6.
Effective December 21, 2020, applicants must submit an NOC using the online e-permitting
system available through the TCEQ website, or request and obtain a waiver from electronic
reporting from the TCEQ. Waivers from electronic reporting reporting are not transferrable
and expire on the same date as the authorization to discharge.
10. Change in Operational Control of a Small MS4
If the operational control of the regulated small MS4 changes, the previous operator must
submit a Notice of Termination (NOT) and the new operator must submit an NOI and
SWMP. The NOT and NOI must be submitted concurrently not more than ten (10) calendar
days after the change occurs. Existing permittees who are expanding coverage of their MS4
area (e.g., city annexes part of unincorporated county MS4) are not required to submit a
new NOI, but must comply with Part II.E.7.
11. 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, or immediately following confirmation of receipt of the electronic NOT form by the
TCEQ. A NOT must be submitted within 30 days after the MS4 operator obtains coverage
under an individual permit.
Effective December 21, 2020, applicants must submit an NOT using the online e-permitting
system available through the TCEQ website, or request and obtain a waiver from electronic
reporting from the TCEQ. Waivers from electronic reporting are not transferrable and
expire on the same date as the authorization to discharge.
12. Signatory Requirement for NOI, NOT, NOC, and Waiver Forms
NOI, NOT, NOC, and Waiver forms must be signed and certified consistent with 30 TAC §
305.44(a) and (b) (relating to Signatories to Applications).
13. Fees
An application fee of $ 400.00 must be submitted with each NOI. 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
$100.00 under TWC § 26.0291 and 30 TAC Chapter 205 (relating to General Permits for
Waste Discharges).
Effective December 21, 2020, applicants seeking coverage under an NOI or a waiver must
submit their application electronically using the online e-permitting system available
through the TCEQ website, or request and obtain a waiver from electronic reporting from
Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E
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the TCEQ. Waivers from electronic reporting are not transferrable and expire on the same
date as the authorization to discharge.
14. Permit Expiration
(a) This general permit is effective for five (5) years from the permit effective date.
Authorizations for discharge under the provisions of this general permit will continue
until the expiration date of the general permit. This general permit may be amended,
revoked, or canceled by the commission or renewed by the TCEQ for an additional term
not to exceed five (5) years.
(b) If the executive director proposes to reissue this general permit before the expiration
date, the general permit will remain in effect until the date on which the commission
takes final action on the proposal to reissue this general permit. For existing
permittees, general permit coverage will remain in effect after the expiration date of the
existing general permit, in accordance with 30 TAC, Chapter 205. No new NOIs will be
accepted and no new authorizations will be processed under the general permit after
the expiration date.
(c) Following 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. The renewed permit will include a deadline to
apply for coverage, and authorization for existing permittees will be automatically
extended until the deadline to apply for coverage, or until an application is submitted
for renewal, whichever occurs first.
(d) If the TCEQ 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 of this general permit, authorization under this
expiring general permit remains in effect until the issuance or denial of an individual
permit.
15. Suspension of Permit Coverage
The executive director may suspend an authorization under this general permit for the
reasons specified in 30 TAC § 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 immediately, if required by the executive director.
16. Public Notice Process for NOI submittal
An applicant under this general permit shall adhere to the following procedures:
(a) The applicant shall submit an NOI and SWMP to the executive director. The SWMP
must include information about:
(1) BMPs the applicant will implement for each of the six MCMs and program
elements pursuant to Part II.D (relating to Impaired Water Bodies and Total
Maximum Daily Load (TMDL) Requirements), as appropriate;
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(2) The measurable goals for each of the BMPs and program elements pursuant to Part
II.D.4 (relating to Impaired Water Bodies and Total Maximum Daily Load (TMDL)
Requirements), including, as appropriate the months and years in which the
applicant will take the required actions, including interim milestones and the
frequency of the action; and
(3) The person or persons responsible for implementing or coordinating the applicants
SWMP.
(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 decision on
the NOI and SWMP.
(c) The notice will include the following information, at a minimum:
(1) The legal name of the MS4 operator;
(2) Indication of whether the NOI is for a new authorization or is a renewal of an
existing authorization;
(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 NOI 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 a newspaper of general circulation in the
municipality or county where the small MS4 is located. If the small MS4 is located in
multiple municipalities or counties, the notice must be published at least once in a
newspaper of general circulation in the municipality or county containing the largest
resident population for the regulated portion of the small MS4. This notice must
provide opportunity for the public to submit comments on the NOI and SWMP. In
addition, the notice must allow the public to request a public meeting. A public
meeting (equivalent to a “public hearing” as required by 40 CFR §122.28(d)(2)(ii)) 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 lasts for
at least 30 days. If a public meeting is held, the comment period will end at the closing
of the public meeting (see paragraph (f) below). The public may submit written
comments to the TCEQ Office of Chief Clerk during the comment period detailing how
the NOI or SWMP for the small MS4 fails to meet the 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
shall 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.
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(g) If a public meeting is held, the applicant shall describe the contents of the NOI 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 shall file with the Chief Clerk a copy and an affidavit of the publication of
notice(s) within 60 days of receiving the written instructions from the Chief Clerk.
(i) The executive director, after considering public comment, will either approve, approve
with conditions, or deny the NOI based on whether the NOI 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.
Section F. 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 a UA or 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 UA, 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
responsibilities must meet the following conditions:
(a) Participants
The SWMP must clearly list the name and permit number for each MS4 operator that
chooses to contribute to development or implementation of the SWMP, and provide
written confirmation that the contributing MS4 operator has agreed to contribute. If a
contributing small MS4 has submitted a NOI and SWMP to TCEQ, but has not yet
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 be included in the SWMP.
(b) Responsibilities
Each permittee is entirely responsible for meeting SWMP requirements within the
boundaries of its small MS4. Where a separate MS4 operator is contributing to
implementation of the SWMP, the SWMP must clearly define each minimum control
measure and the component(s) each entity agrees to implement, within which MS4
area(s) each entity agrees to implement 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 TAC Chapter 305 (relating to
Consolidated Permits). The executive director may require a MS4 operator, authorized by
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section A
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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 TAC Chapter 205 considerations and requirements; or other site-
specific considerations. The executive director shall deny or suspend a facility’s
authorization for disposal under this general permit based on a rating of “unsatisfactory
performer” according to commission rules in 30 TAC §60.3, Use of Compliance History. An
applicant who owns or operates a facility classified as an “unsatisfactory performer” is
entitled to a hearing before the commission prior to having its coverage denied or
suspended, in accordance with TWC § 26.040(h).
Part III. Stormwater Management Program (SWMP)
To the extent allowable under state and local law, a SWMP must be developed, implemented,
and enforced according to the requirements of Part III of this general permit for stormwater
discharges that reach waters of the U.S., regardless of whether the discharge is conveyed
through a separately operated storm sewer system. The SWMP must be developed,
implemented, and enforced to reduce the discharge of pollutants from the small MS4 to the
maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate
water quality requirements of the CWA and the TWC.
The SWMP must also be implemented and enforced in new MS4 areas added during the permit
term. Implementation of appropriate BMPs for the new areas must occur in accordance with
Part II.E.7.
A permittee that implements BMPs consistent with the provisions of their permit and SWMP
constitutes compliance with the standard of reducing pollutants to the MEP and will be deemed
in compliance with Part III of this permit. This permit does not extend any compliance
deadlines set forth in the previous permit effective December 13, 2013.
Section A. Developing a Stormwater Management Program (SWMP)
1. SWMP Development and Schedule
(a) Existing regulated small MS4s
Permittees who were regulated under the previous TPDES general permit
TXR040000, shall update and submit to the TCEQ an updated SWMP under this
general permit along with the NOI for coverage. The NOI and SWMP are due within
180 days of the general permit effective date. The permittee shall continue to operate
under the conditions of the previous permit and existing SWMP until the revised
SWMP is approved.
(b) Implementation of the SWMP
Existing small MS4 operators shall ensure full implementation of any new elements in
the revised SWMP as soon as practicable, but no later than five years from the permit
effective date. Previously regulated MS4 operators shall continue to implement
existing elements in the approved SWMPs until the revised SWMPs has been
approved.
Designated small MS4s must achieve full implementation of the SWMP as soon as
practicable, but no later than five years from designation.
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2. Content of the SWMP
At a minimum, the permittee shall include the following information in its SWMP:
(a) A description of Minimum Control Measures (MCM) with measureable goals,
including, as appropriate, the months and years when the permittee will undertake
required actions, including interim milestones and the frequency of the action for each
MCM described in Part III, Section B.
(b) A measurable goal that includes the development of ordinances or other regulatory
mechanisms allowed by state, federal and local law, providing the legal authority
necessary to implement and enforce the requirements of this permit, including
information on any limitations to the legal authority;
(c) The measurable goals selected by the permittee must be clear, specific, and measurable.
(d) A summary of written procedures describing how the permittee will implement the
provisions in Parts III and IV of this general permit.
(e) A description of a program or a plan of compliance with the requirements in Part
II.D.4. (relating to Impaired Water Bodies and Total Maximum Daily Load (TMDL)
Requirements)
(f) Identification of any impaired waters that have been added in accordance with Part
II.D.4.
3. Legal Authority
(a) Traditional small MS4s, such as cities
(1) Within two years from the permit effective date, the permittee shall review and
revise, if needed, its relevant ordinance(s) or other regulatory mechanism(s), or
shall adopt a new ordinance(s) or other regulatory mechanism(s) that provide the
permittee with adequate legal authority to control pollutant discharges into and
from its small MS4 in order to meet the requirements of this general permit.
(2) To be considered adequate, this legal authority must, at a minimum, address the
following:
a. Authority to prohibit illicit discharges and illicit connections;
b. Authority to respond to and contain other releases – Control the discharge of
spills, and prohibit dumping or disposal of materials other than stormwater
into the small MS4;
c. Authority to require compliance with conditions in the permittee’s ordinances,
permits, contracts, or orders;
d. Authority to require installation, implementation, and maintenance of control
measures;
e. Authority to receive and collect information, such as stormwater plans,
inspection reports, and other information deemed necessary to assess
compliance with this permit, from operators of construction sites, new or
redeveloped land, and industrial and commercial facilities;
f. Authority, as needed, to enter and inspect private property including facilities,
equipment, practices, or operations related to stormwater discharges to the
small MS4;
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g. Authority to respond to non-compliance with BMPs required by the small
MS4 consistent with their ordinances or other regulatory mechanism(s);
h. Authority to assess penalties, including monetary, civil, or criminal penalties;
and
i. Ability to enter into interagency or interlocal agreements or other
maintenance agreements, as necessary.
(b) Non-traditional small MS4s, such as counties, drainage districts, transportation
entities, municipal utility districts, military bases, prisons, and universities
(1) 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, contractors, and any other entity
over which it has operational control within the portion of the UA under the
jurisdiction of the permittee. For discharges from third party actions, the
permittee shall perform inspections and exert enforcement authority to the MEP.
(2) If the permittee does not have inspection or 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 following
actions in order to meet the goals of the permit:
a. 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,
b. If it is not feasible for the permittee to enter into interlocal agreements, the
permittee shall notify an adjacent MS4 operator with enforcement authority or
the appropriate TCEQ Regional Office to report discharges or incidents that it
cannot itself enforce against. In determining feasibility for entering into
interlocal agreements, the permittee shall consider all factors, including,
without limitations, financial considerations and the willingness of the
municipalities in which the small MS4 is located.
4. Resources
It is the permittee’s responsibility to ensure that it has adequate resources and funding to
implement the requirements of this permit.
5. Effluent Limitations
The controls and BMPs included in the SWMP constitute effluent limitations for the
purposes of compliance with state rules. This includes the requirements of 30 TAC Chapter
319, Subchapter B, which lists the maximum allowable concentrations of hazardous metals
for discharge to water in the state.
6. Enforcement Measures
Permittees with enforcement authority (i.e. traditional small MS4s) shall develop a standard
operating procedure (SOP) to respond to violations to the extent allowable under state and
local law. When the permittee does not have enforcement authority over the violator, and
the violations continue after violator has been notified by the permittee, or the source of the
illicit discharge is outside the MS4’s boundary, the permittee shall notify either the adjacent
MS4 operator with enforcement authority or the appropriate TCEQ Regional Office.
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
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Section B. Minimum Control Measures
Operators of small MS4s seeking coverage under this general permit shall develop and
implement a SWMP that includes the following six minimum control measures (MCMs), as
applicable.
All program elements must be implemented according to the schedule mentioned in Part
III.A. All six MCMs apply to all MS4s regardless of their level as described in Part II.A.5.
Specific program elements under each MCM shall be implemented by all MS4 operators,
unless it is specifically stated that particular program elements only are applicable for
certain levels of small MS4s.
Permittees shall provide justification within the SWMP for any requirements that were not
implemented because they were not feasible as described in each MCM.
1. Public Education, Outreach, and Involvement
(a) Public Education and Outreach
(1) All permittees shall develop, implement, and maintain a comprehensive
stormwater education and outreach program to educate public employees,
businesses, and the general public of hazards associated with the illegal discharges
and improper disposal of waste and about the impact that stormwater discharges
can have on local waterways, as well as the steps that the public can take to reduce
pollutants in stormwater.
Existing permittees shall assess program elements that were described in the
previous permit, modify as necessary, and develop and implement new elements,
as necessary, to continue reducing the discharge of pollutants from the MS4 to the
MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the program fully implemented by the end of
this permit term. The program must, at a minimum:
a. Define the goals and objectives of the program based on high priority
community-wide issues (for example, reduction of nitrogen in discharges from
the small MS4, promoting previous techniques used in the small MS4, or
improving the quality of discharges to the Edwards Aquifer);
b. Identify the target audience(s);
c. Develop or utilize appropriate educational materials, such as printed
materials, billboard and mass transit advertisements, signage at select
locations, radio advertisements, television advertisements, and websites;
d. Determine cost effective and practical methods and procedures for
distribution of materials.
(2) Throughout the permit term, all permittees shall make the educational materials
available to convey the program’s message to the target audience(s) at least
annually.
(3) If the permittee has a public website, the permittee shall post its SWMP and the
annual reports required under Part IV.B.2. or a summary of the annual report on
the permittee’s website. The SWMP must be posted no later than 30 days after the
approval date, and the annual report no later than 30 days after the due date.
(4) All permittees shall annually review and update the SWMP and MCM
implementation procedures required by Part III.A.2., as necessary. Any changes
Small MS4 General Permit TPDES Draft GP TXR040000 Part III, Section B
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must be reflected in the annual report. Such written procedures must be
maintained, either on site or in the SWMP and made available for inspection by
the TCEQ.
(5) MS4 operators may partner with other MS4 operators to maximize the program
and cost effectiveness of the required outreach.
(b) Public Involvement
All permittees shall involve the public, and, at minimum, comply with any state and
local public notice requirements in the planning and implementation activities related
to developing and implementing the SWMP, except that correctional facilities are not
required to implement this portion of the MCM.
Existing permittees shall assess program elements that were described in the previous
permit, modify as necessary, and develop and implement new elements, as necessary,
to continue reducing the discharge of pollutants from the MS4 to the MEP. New
elements must be fully implemented by the end of this permit term and newly
regulated permittees shall have the program fully implemented by the end of this
permit term. At a minimum, all permittees shall:
(1) Consider using public input (for example, the opportunity for public comment, or
public meetings) in the implementation of the program;
(2) Create opportunities for citizens to participate in the implementation of control
measures, such as stream clean-ups, storm drain stenciling, volunteer monitoring,
volunteer “Adopt-A-Highway” programs, and educational activities;
(3) Ensure the public can easily find information about the SWMP.
2. Illicit Discharge Detection and Elimination (IDDE)
(a) Program Development
(1) All permittees shall develop, implement, and enforce a program to detect,
investigate, and eliminate illicit discharges into the small MS4. The program must
include a plan to detect and address non-stormwater discharges, including illegal
dumping to the MS4 system.
Existing permittees must assess program elements that were described in the
previous permit, modify as necessary, and develop and implement new elements,
as necessary, to continue reducing the discharge of pollutants from the MS4 to the
MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the program fully implemented by the end of
this permit term. (See also Part III.A.1(c).
The Illicit Discharge Detection and Elimination (IDDE) program must include the
following:
a. An up-to-date MS4 map (see Part III.B.2.(c)(1));
b. Methods for informing and training MS4 field staff (see Part III.B.2.(c)(2));
c. Procedures for tracing the source of an illicit discharge (see Part III.
B.2.(c)(5));
d. Procedures for removing the source of the illicit discharge (see Part
III.B.2.(c)(5));
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
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e. For Level 2, 3 and 4 small MS4s, if applicable, procedures to prevent and
correct any leaking on-site sewage disposal systems that discharge into the
small MS4;
f. For Level 4 small MS4s, procedures for identifying priority areas within the
small MS4 likely to have illicit discharges, and a list of all such areas identified
in the small MS4 (see Part III.B.2.(e)(1));
g. For Level 4 small MS4s, field screening to detect illicit discharges (see Part
III.B.2.(e)(2)); and
h. For Level 4 small MS4s, procedures to reduce the discharge of floatables in the
MS4. (see Part III.B.2.(e)(3).)
(2) For non-traditional small MS4s, if illicit connections or illicit discharges are
observed related to another operator’s MS4, the permittee shall notify the other
MS4 operator within 48 hours of discovery. If notification to the other MS4
operator is not practicable, then the permittee shall notify the appropriate TCEQ
Regional Office of the possible illicit connection or illicit discharge.
(3) If another MS4 operator notifies the permittee of an illegal connection or illicit
discharge to the small MS4, then the permittee shall follow the requirements
specified in Part III.B.2.(c)(3).
(4) All permittees shall annually review and update as necessary, the SWMP and MCM
implementation procedures required by Part III.A.2. Any changes must be
reflected in the annual report. Such written procedures must be maintained, either
on site or in the SWMP and made available for inspection by the TCEQ.
(b) Allowable Non-Stormwater Discharges
Non-stormwater flows listed in Part II.C do not need to be considered by the permittee
as an illicit discharge requiring elimination unless the permittee or the TCEQ identifies
the flow as a significant source of pollutants to the small MS4.
(c) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.2(c)(1)-(6)
(1) MS4 mapping
All permittees shall maintain an up-to-date MS4 map, which must be located on
site and available for review by the TCEQ. The MS4 map must show at a minimum
the following information:
a. The location of all small MS4 outfalls that are operated by the permittee and
that discharge into waters of the U.S;
b. The location and name of all surface waters receiving discharges from the
small MS4 outfalls; and
c. Priority areas identified under Part III.B.2.(e)(1), if applicable.
(2) Education and Training
All permittees shall implement a method for informing or training all the
permittee’s field staff that may come into contact with or otherwise observe an
illicit discharge or illicit connection to the small MS4 as part of their normal job
responsibilities. Training program materials and attendance lists must be
maintained on site and made available for review by the TCEQ.
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(3) Public Reporting of Illicit Discharges and Spills
All permittees shall publicize and facilitate public reporting of illicit discharges or
water quality impacts associated with discharges into or from the small MS4. The
permittee shall provide a central contact point to receive reports; for example by
including a phone number for complaints and spill reporting.
(4) All permittees shall develop and maintain on-site procedures for responding to
illicit discharges and spills.
(5) Source Investigation and Elimination
a. Minimum Investigation Requirements – Upon becoming aware of an illicit
discharge, all permittees shall conduct an investigation to identify and locate
the source of such illicit discharge as soon as practicable.
(i) All permittees shall prioritize the investigation of discharges based on
their relative risk of pollution. For example, sanitary sewage may be
considered a high priority discharge.
(ii) All permittees shall report to the TCEQ immediately upon becoming
aware of the occurrence of any illicit flows believed to be an immediate
threat to human health or the environment.
(iii) All permittees shall track all investigations and document, at a minimum,
the date(s) the illicit discharge was observed; the results of the
investigation; any follow-up of the investigation; and the date the
investigation was closed.
b. Identification and Investigation of the Source of the Illicit Discharge –All
permittees shall investigate and document the source of illicit discharges
where the permittees have jurisdiction to complete such an investigation. If
the source of illicit discharge extends outside the permittee’s boundary, all
permittees shall notify the adjacent permitted MS4 operator or the
appropriate TCEQ Regional Office according to Part III.A.3.b.
c. Corrective Action to Eliminate Illicit Discharge
If and when the source of the illicit discharge has been determined, all
permittees shall immediately notify the responsible party of the problem, and
shall require the responsible party to perform all necessary corrective actions
to eliminate the illicit discharge.
(6) Inspections –The permittee shall conduct inspections, in response to complaints,
and shall conduct follow-up inspections to ensure that corrective measures have
been implemented by the responsible party.
The permittee shall develop written procedures describing the basis for conducting
inspections in response to complaints and conducting follow-up inspections.
(d) Additional Requirements for Level 3 and 4 small MS4s
In addition to the requirements described in Parts III.B.2(c)(1)-(6) above, permittees
who operate Level 3 and 4 small MS4s shall meet the following requirements:
Source Investigation and Elimination
Permittees who operate Level 3 and 4 small MS4 shall upon being notified that the
discharge has been eliminated, conduct a follow-up investigation or field screening,
consistent with Part III.B.2.(e)(2), to verify that the discharge has been eliminated. The
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permittee shall document its follow-up investigation. The permittee may seek recovery
and remediation costs from responsible parties consistent with Part III.A.3., and
require compensation related costs. Resulting enforcement actions must follow the
procedures for enforcement action in Part III.A.3. If the suspected source of the illicit
discharge is authorized under an NPDES/TPDES permit or the discharge is listed as an
authorized non-stormwater discharge, as described in Part III.C, no further action is
required.
(e) Additional Requirements for Level 4 small MS4s
In addition to the requirements described in Parts III.B.2(c)-(d) above, permittees
who operate Level 4 small MS4s shall meet the following requirements:
(1) Identification of Priority Areas
Permittees who operate Level 4 small MS4s shall identify priority areas likely to
have illicit discharges and shall document the basis for the selection of each
priority area and shall create a list of all priority areas identified. This priority area
list must be available for review by the TCEQ.
(2) Dry Weather Field Screening
By the end of the permit term, permittees who operate Level 4 small MS4s shall
develop and implement a written dry weather field screening program to assist in
detecting and eliminating illicit discharges to the small MS4. Dry weather field
screening must consist of (1) field observations; and (2) field screening according
to item (2)c. below.
If dry weather field screening is necessary, at a minimum, the permittee shall:
a. Conduct dry weather field screening in priority areas as identified by the
permittee in Part III.B.2(e)(1). By the end of the permit term, all of those
priority areas, although not necessarily all individual outfalls must be
screened.
b. Field observation requirements – The permittee shall develop written
procedures for observing flows from outfalls when there has been at least 72
hours of dry weather. The written procedures must include the basis used to
determine which outfalls will be observed. The permittee shall record visual
observations such as odor, color, clarity, floatables, deposits, or stains.
c. Field screening requirements – The permittee shall develop written
procedures to determine which dry weather flows will be screened, based on
results of field observations or complaint from the public or the permittee’s
trained field staff. At a minimum, when visual observations indicate a
potential problem such as discolored flows, foam, surface sheen, and other
similar indicators of contamination, the permittee shall conduct a field
screening analysis for selected indicator pollutants. The basis for selecting the
indicator pollutants must be described in the written procedures. Screening
methodology may be modified based on experience gained during the actual
field screening activities. The permittee shall document the method used.
(3) Reduction of Floatables
The permittee shall implement a program to reduce the discharge of floatables (for
example, litter and other human-generated solid refuse) in the MS4. The MS4 shall
include source controls at a minimum and structural controls and other
appropriate controls where necessary.
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The permittee shall maintain two locations where floatable material can be
removed before the stormwater is discharged to or from the MS4. Floatable
material shall be collected at the frequency necessary for maintenance of the
removal devices, but not less than twice per year. The amount of material collected
shall be estimated by weight, volume, or by other practical means. Results shall be
included in the annual report.
3. Construction Site Stormwater Runoff Control
(a) Requirements and Control Measures
(1) All permittees shall develop, implement, and enforce a program requiring
operators of small and large construction activities, as defined in Part I of this
general permit, to select, install, implement, and maintain stormwater control
measures that prevent illicit discharges to the MEP. The program must include the
development and implementation of an ordinance or other regulatory mechanism,
as well as sanctions to ensure compliance to the extent allowable under state,
federal, and local law, to require erosion and sediment control.
Existing permittees shall assess program elements that were described in the
previous permit, modify as necessary, and develop and implement new elements,
as necessary, to continue reducing the discharge of pollutants from the MS4 to the
MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the the progam fully implemented by the
end of this permit term.
If TCEQ waives requirements for stormwater discharges associated with small
construction from a specific site(s), the permittee is not required to enforce the
program to reduce pollutant discharges from such site(s).
(b) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.3(b)(1)-(7)
(1) All permittees shall annually review and update as necessary, the SWMP and MCM
implementation procedures required by Part III.A.2. Any changes must be
included in the annual report. Such written procedures must be maintained on site
or in the SWMP and made available for inspection by the TCEQ.
(2) All permittees shall require that construction site operators implement appropriate
erosion and sediment control BMPs. The permittee’s construction program must
ensure the following minimum requirements are effectively implemented for all
small and large construction activities discharging to its small MS4.
a. Erosion and Sediment Controls - Design, install and maintain effective erosion
controls and sediment controls to minimize the discharge of pollutants.
b. Soil Stabilization - Stabilization of disturbed areas must, at a minimum, be
initiated immediately whenever any clearing, grading, excavating or other
earth disturbing activities have permanently ceased on any portion of the site,
or temporarily ceased on any portion of the site and will not resume for a
period exceeding 14 calendar days. Stabilization must be completed as soon as
practicable, but no more than 14 calendar days after the initiation of soil
stabilization measures. In arid, semiarid, and drought-stricken areas, where
initiating vegetative stabilization measures immediately is infeasible,
alternative stabilization measures must be employed.
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The permittee shall develop written procedures that describes initiating and
completing stabilization measures for construction sites.
c. BMPs – Design, install, implement, and maintain effective BMPs to minimize
the discharge of pollutants to the small MS4. At a minimum, such BMPs must
be designed, installed, implemented and maintained to:
(i) Minimize the discharge of pollutants from equipment and vehicle
washing, wheel wash water, and other wash waters;
(ii) Minimize the exposure of building materials, building products,
construction wastes, trash, landscape materials, fertilizers, pesticides,
herbicides, detergents, sanitary waste and other materials present on the
site to precipitation and to stormwater; and
(iii) Minimize the discharge of pollutants from spills and leaks.
d. As an alternative to (a) through (c) above, all permittees shall ensure that all
small and large construction activities discharging to the small MS4 have
developed and implemented a stormwater pollution prevention plan (SWP3)
in accordance with the TPDES CGP TXR150000. In arid, semiarid, and
drought-stricken areas where initiating vegetative stabilization measures
immediately is infeasible, alternative stabilization measures must be employed
and described in the written procedure required in item (2)b. above. As an
alternative, vegetative stabilization measures may be implemented as soon as
practicable.
(3) Prohibited Discharges - The following discharges are prohibited:
a. Wastewater from washout of concrete and wastewater from water well drilling
operations, unless managed by an appropriate control;
b. Wastewater from washout and cleanout of stucco, paint, from release oils, and
other construction materials;
c. Fuels, oils, or other pollutants used in vehicle and equipment operation and
maintenance;
d. Soaps or solvents used in vehicle and equipment washing; and
e. Discharges from dewatering activities, including discharges from dewatering
of trenches and excavations, unless managed by appropriate BMPs.
(4) Construction Plan Review Procedures
To the extent allowable by state, federal, and local law, all permittees shall
maintain and implement site plan review procedures that describe which plans will
be reviewed as well as when an operator may begin construction. For those
permittees without legal authority to enforce site plan reviews, this requirement is
limited to those sites operated by the permittee and its contractors and located
within the permittee’s regulated area. The site plan procedures must meet the
following minimum requirements:
a. The site plan review procedures must incorporate consideration of potential
water quality impacts.
b. The permittee may not approve any plans unless the plans contain appropriate
site specific construction site control measures that, at a minimum, meet the
requirements described in Part III.B.3.(a) or in the TPDES CGP, TXR150000.
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The permittee may require and accept a plan, such as a SWP3, that has been
developed pursuant to the TPDES CGP, TXR150000.
(5) Construction Site Inspections and Enforcement
To the extent allowable by state, federal, and local law, all permittees shall
implement procedures for inspecting large and small construction projects.
Permittees without legal authority to inspect construction sites shall at a minimum
conduct inspection of sites operated by the permittee or its contractors and that
are located in the permittee’s regulated area.
a. The permittee shall conduct inspections based on the evaluation of factors that
are a threat to water quality, such as: soil erosion potential; site slope; project
size and type; sensitivity of receiving waterbodies; proximity to receiving
waterbodies; non-stormwater discharges; and past record of non-compliance
by the operators of the construction site.
b. Inspections must occur during the active construction phase.
(i) All permittees shall develop and implement updated written procedures
outlining the inspection and enforcement requirements. These procedures
must be maintained on-site or in the SWMP and be made available to
TCEQ.
(ii) Inspections of construction sites must, at a minimum:
1. Determine whether the site has appropriate coverage under the
TPDES CGP, TXR150000. If no coverage exists, notify the permittee
of the need for permit coverage;
2. Conduct a site inspection to determine if control measures have been
selected, installed, implemented, and maintained according to the
small MS4’s requirements;
3. Assess compliance with the permittee’s ordinances and other
regulations; and
4. Provide a written or electronic inspection report.
c. Based on site inspection findings, all permittees shall take all necessary follow-
up actions (for example, follow-up-inspections or enforcement) to ensure
compliance with permit requirements and the SWMP. These follow-up and
enforcement actions must be tracked and maintained for review by the TCEQ.
For non-traditional small MS4s with no enforcement powers, the permittee
shall notify the adjacent MS4 operator with enforcement authority or the
appropriate TCEQ Regional Office according to Part III.A.3(b).
(6) Information submitted by the Public
All permittees shall develop, implement, and maintain procedures for receipt and
consideration of information submitted by the public.
(7) MS4 Staff Training
All permittees shall ensure that all staff whose primary job duties are related to
implementing the construction stormwater program (including permitting, plan
review, construction site inspections, and enforcement) are informed or trained to
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conduct these activities. The training may be conducted by the permittee or by
outside trainers.
(c) Additional Requirements for Level 3 and 4 small MS4s
In addition to the requirements described in Parts III.B.3(b)(1)-(7) above, permittees
who operate Level 3 and 4 small MS4s shall meet the following requirements:
Construction Site Inventory
Permittees who operate Level 3 and 4 small MS4s shall maintain an inventory of all
permitted active public and private construction sites, that result in a total land
disturbance of one or more acres or that result in a total land disturbance of less than
one acre if part of a larger common plan or development or sale. Notification to the
small MS4 must be made by submittal of a copy of an NOI or a small construction site
notice, as applicable. The permittee shall make this inventory available to the TCEQ
upon request.
4. Post Construction Stormwater Management in New Development and
Redevelopment
(a) Post-Construction Stormwater Management Program
(1) All permittees shall develop, implement, and enforce a program, to the extent
allowable under state, federal, and local law, to control stormwater discharges
from new development and redeveloped sites that discharge into the small MS4
that disturb one acre or more, including projects that disturb less than one acre
that are part of a larger common plan of development or sale. The program must
be established for private and public development sites. The program may utilize
an offsite mitigation and payment in lieu of components to address this
requirement.
Existing permittees shall assess program elements that were described in the
previous permit and modify as necessary to continue reducing the discharge of
pollutants from the MS4 to the MEP. New elements must be fully implemented by
the end of this permit term and newly regulated permittees shall have the program
fully implemented by the end of the permit term.
(2) All permittees shall use, to the extent allowable under state, federal, and local law
and local development standards, an ordinance or other regulatory mechanism to
address post-construction runoff from new development and redevelopment
projects. The permittees shall establish, implement, and enforce a requirement
that owners or operators of new development and redeveloped sites design, install,
implement, and maintain a combination of structural and non-structural BMPs
appropriate for the community and that protects water quality. If the construction
of permanent structures is not feasible due to space limitations, health and safety
concerns, cost effectiveness, or highway construction codes, the permittee may
propose an alternative approach to TCEQ. Newly regulated permittees shall have
the program element fully implemented by the end of the permit term.
(b) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.4.(b)(1)-(3)
(1) All permittees shall annually review and update as necessary, the SWMP and MCM
implementation procedures required by Part III.A.2. Any changes must be
Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B
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included in the annual report. Such written procedures must be maintained either
on site or in the SWMP and made available for inspection by TCEQ.
(2) All permittees shall document and maintain records of enforcement actions and
make them available for review by the TCEQ.
(3) Long-Term Maintenance of Post-Construction Stormwater Control Measures
All permittees shall, to the extent allowable under state, federal, and local law,
ensure the long-term operation and maintenance of structural stormwater control
measures installed through one or both of the following approaches:
a. Maintenance performed by the permittee. (See Part III.B.5)
b. Maintenance performed by the owner or operator of a new development or
redeveloped site under a maintenance plan. The maintenance plan must be
filed in the real property records of the county in which the property is located.
The permittee shall require the owner or operator of any new development or
redeveloped site to develop and implement a maintenance plan addressing
maintenance requirements for any structural control measures installed on
site. The permittee shall require operation and maintenance performed is
documented and retained on site, such as at the offices of the owner or
operator, and made available for review by the small MS4.
(c) Additional Requirements for Level 4 small MS4s
In addition to the requirements described in Parts III.B.5(b)(1)-(3), permittees who
operate Level 4 small MS4s shall meet the following requirements:
Inspections - Permittees who operate Level 4 small MS4s shall develop and implement
an inspection program to ensure that all post construction stormwater control
measures are operating correctly and are being maintained as required consistent with
its applicable maintenance plan. For small MS4s with limited enforcement authority,
this requirement applies to the structural controls owned and operated by the small
MS4 or its contractors that perform these activities within the small MS4’s regulated
area.
Inspection Reports - The permittee shall document its inspection findings in an
inspection report and make them available for review by the TCEQ.
5. Pollution Prevention and Good Housekeeping for Municipal Operations
(a) Program development
All permittees shall develop and implement an operation and maintenance program,
including an employee training component that has the ultimate goal of preventing or
reducing pollutant runoff from municipal activities and municipally owned areas
including but not limited to park and open space maintenance; street, road, or highway
maintenance; fleet and building maintenance; stormwater system maintenance; new
construction and land disturbances; municipal parking lots; vehicle and equipment
maintenance and storage yards; waste transfer stations; and salt/sand storage
locations.
Existing permittees shall assess program elements that were described in the previous
permit, modify as necessary, and develop and implement new elements, as necessary,
to continue reducing the discharges of pollutants from the MS4 to the MEP. New
elements must be fully implemented by the end of this permit term and newly
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regulated permittees shall have the program fully implemented by the end of this
permit term. (See also Part III.A.1.(c))
(b) Requirements for all Permittees
All permitees shall include the requirements described below in Parts III.B.5.(1)-(6) in
the program:
(1) Permittee-owned Facilities and Control Inventory
All permittees shall develop and maintain an inventory of facilities and stormwater
controls that it owns and operates within the regulated area of the small MS4. The
inventory must include all applicable permit numbers, registration numbers, and
authorizations for each facility or controls. The inventory must be available for
review by TCEQ and must include, but is not limited, to the following, as
applicable:
a. Composting facilities;
b. Equipment storage and maintenance facilities;
c. Fuel storage facilities;
d. Hazardous waste disposal facilities;
e. Hazardous waste handling and transfer facilities;
f. Incinerators;
g. Landfills;
h. Materials storage yards;
i. Pesticide storage facilities;
j. Buildings, including schools, libraries, police stations, fire stations, and office
buildings;
k. Parking lots;
l. Golf courses;
m. Swimming pools;
n. Public works yards;
o. Recycling facilities;
p. Salt storage facilities;
q. Solid waste handling and transfer facilities;
r. Street repair and maintenance sites;
s. Vehicle storage and maintenance yards; and
t. Structural stormwater controls.
(2) Training and Education
All permittees shall inform or train appropriate employees involved in
implementing pollution prevention and good housekeeping practices. All
permittees shall maintain a training attendance list for inspection by TCEQ when
requested.
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(3) Disposal of Waste Material - Waste materials removed from the small MS4 must
be disposed of in accordance with 30 TAC Chapters 330 or 335, as applicable.
(4) Contractor Requirements and Oversight
a. Any contractors hired by the permittee to perform maintenance activities on
permittee-owned facilities must be contractually required to comply with all of
the stormwater control measures, good housekeeping practices, and facility-
specific stormwater management operating procedures described in Parts III
B.5.(b)(2)-(6).
b. All permittees shall provide oversight of contractor activities to ensure that
contractors are using appropriate control measures and SOPs. Oversight
procedures must be maintained on-site and made available for inspection by
TCEQ.
(5) Municipal Operation and Maintenance Activities
a. Assessment of permittee-owned operations
All permittees shall evaluate operation and maintenance (O&M) activities for
their potential to discharge pollutants in stormwater, including but not limited
to:
(i) Road and parking lot maintenance, including such areas as pothole
repair, pavement marking, sealing, and re-paving;
(ii) Bridge maintenance, including such areas as re-chipping, grinding, and
saw cutting;
(iii) Cold weather operations, including plowing, sanding, and application of
deicing and anti-icing compounds and maintenance of snow disposal
areas; and
(iv) Right-of-way maintenance, including mowing, herbicide and pesticide
application, and planting vegetation.
b. All permittees shall identify pollutants of concern that could be discharged
from the above O&M activities (for example, metals; chlorides; hydrocarbons
such as benzene, toluene, ethyl benzene, and xylenes; sediment; and trash).
c. All permittees shall develop and implement a set of pollution prevention
measures that will reduce the discharge of pollutants in stormwater from the
above activities. These pollution prevention measures may include the
following examples:
(i) Replacing materials and chemicals with more environmentally benign
materials or methods;
(ii) Changing operations to minimize the exposure or mobilization of
pollutants to prevent them from entering surface waters; and
(iii) Placing barriers around or conducting runoff away from deicing chemical
storage areas to prevent discharge into surface waters.
d. Inspection of pollution prevention measures - All pollution prevention
measures implemented at permittee-owned facilities must be visually
inspected to ensure they are working properly. The permittee shall develop
written procedures that describes frequency of inspections and how they will
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be conducted. A log of inspections must be maintained and made available for
review by the TCEQ upon request.
(6) Structural Control Maintenance
If BMPs include structural controls, maintenance of the controls must be
performed by the permittee and consistent with maintaining the effectiveness of
the BMP. The permittee shall develop written procedures that define the frequency
of inspections and how they will be conducted.
(c) Additional Requirements for Level 3 and 4 small MS4s:
In addition to the requirements described in Parts.B.5.(b)(1)-(6) above, permittees who
operate Level 3 or 4 small MS4s shall meet the following requirements:
(1) Storm Sewer System Operation and Maintenance
a. Permittees who operate Level 3 or 4 small MS4s shall develop and implement
an O&M program to reduce to the maximum extent practicable the collection
of pollutants in catch basins and other surface drainage structures.
b. Permittees who operate Level 3 or 4 small MS4s shall develop a list of
potential problem areas. The permittees shall identify and prioritize problem
areas for increased inspection (for example, areas with recurrent illegal
dumping).
(2) Operation and Maintenance Program to Reduce Discharges of Pollutants from
Roads
Permittees who operate Level 3 or 4 small MS4s shall implement an O&M program
that includes at least one of the following: a street sweeping and cleaning program,
or an equivalent BMP such as an inlet protection program, which must include an
implementation schedule and a waste disposal procedure. The basis for the
decision must be included in the SWMP. If a street sweeping and cleaning program
is implemented, the permittee shall evaluate the following permittee-owned and
operated areas for the program: streets, road segments, and public parking lots
including, but not limited to, high traffic zones, commercial and industrial
districts, sport and event venues, and plazas, as well as areas that consistently
accumulate high volumes of trash, debris, and other stormwater pollutants.
a. Implementation schedules – If a sweeping program is implemented, the
permittee shall sweep the areas in the program (for example, the streets,
roads, and public parking lots) in accordance with a frequency and schedule
determined in the permittee’s O&M program.
b. For areas where street sweeping is technically infeasible (for example, streets
without curbs), the permittee shall focus implementation of other trash and
litter control procedures, or provide inlet protection measures to minimize
pollutant discharges to storm drains and creeks.
c. Sweeper Waste Material Disposal – If utilizing street sweepers, the permittee
shall develop a procedure to dewater and dispose of street sweeper waste
material and shall ensure that water and material will not reenter the small
MS4.
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(3) Mapping of Facilities
Permittees who operate Level 3 or 4 small MS4s shall, on a map of the area
regulated under this general permit, identify where the permittee-owned and
operated facilities and stormwater controls are located.
(4) Facility Assessment
Permittees who operate Level 3 or 4 small MS4s shall perform the following facility
assessment in the regulated portion of the small MS4 operated by the permittee:
a. Assessment of Facilities’ Pollutant Discharge Potential - The permittee shall
review the facilities identified in Part III.B.5.(b) once per permit term for their
potential to discharge pollutants into stormwater.
b. Identification of high priority facilities - Based on the Part III.B.5.(c)(4)a.
assessment, the permittee shall identify as high priority those facilities that
have a high potential to generate stormwater pollutants and shall document
this in a list of these facilities. Among the factors that must be considered in
giving a facility a high priority ranking are the amount of urban pollutants
stored at the site, the identification of improperly stored materials, activities
that must not be performed outside (for example, changing automotive fluids,
vehicle washing), proximity to waterbodies, proximity to sensitive aquifer
recharge features, poor housekeeping practices, and discharge of pollutant(s)
of concern to impaired water(s). High priority facilities must include, at a
minimum, the permittee’s maintenance yards, hazardous waste facilities, fuel
storage locations, and any other facilities at which chemicals or other
materials have a high potential to be discharged in stormwater.
c. Documentation of Assessment Results - The permittee shall document the
results of the assessments and maintain copies of all site evaluation checklists
used to conduct the assessments. The documentation must include the results
of the permittee’s initial assessment, and any identified deficiencies and
corrective actions taken.
(5) Development of Facility Specific SOPs
Permittees who operate Level 3 or 4 small MS4s shall develop facility specific
stormwater management SOPs. The permittee may utilize existing plans or
documents that may contain the following required information:
a. For each high priority facility identified in Part III.B.5.(c)(4)b., the permittee
shall develop a SOP that identifies BMPs to be installed, implemented, and
maintained to minimize the discharge of pollutants in stormwater from each
facility.
b. A hard or electronic copy of the facility-specific stormwater management SOP
(or equivalent existing plan or document) must be maintained and be
available for review by the TCEQ. The SOP must be kept on site when possible
and must be kept up to date.
(6) Stormwater Controls for High Priority Facilities
Permittees who operate Level 3 or 4 small MS4s shall implement the following
stormwater controls at all high priority facilities identified in Part III.B.5.(c)(4)b. A
description of BMPs developed to comply with this requirement must be included
in each facility specific SOP:
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a. General good housekeeping – Material with a potential to contribute to
stormwater pollution must be sheltered from exposure to stormwater.
b. De-icing and anti-icing material storage - The permittee shall ensure, to the
MEP, that stormwater runoff from storage piles of salt and other de-icing and
anti-icing materials is not discharged; or shall ensure that any discharges from
the piles are authorized under a separate discharge permit.
c. Fueling operations and vehicle maintenance - The permittee shall develop
SOPs (or equivalent existing plans or documents) that address spill prevention
and spill control at permittee-owned and operated vehicle fueling, vehicle
maintenance, and bulk fuel delivery facilities.
d. Equipment and vehicle washing - The permittee shall develop SOPs that
address equipment and vehicle washing activities at permittee-owned and
operated facilities. The discharge of equipment and vehicle wash water to the
small MS4 or directly to receiving waters from permittee-owned facilities is
not authorized under this general permit. To ensure that wastewater is not
discharged under this general permit, the permittee’s SOP may include
installing a vehicle wash reclaim system, capturing and hauling the wastewater
for proper disposal, connecting to sanitary sewer (where applicable and
approved by local authorities), ceasing the washing activity, or applying for
and obtaining a separate TPDES permit.
(7) Inspections
Permittees who operate Level 3 or 4 small Ms4s shall develop and implement an
inspection program, which at a minimum must include periodic inspections of
high priority permittee-owned facilities. The results of the inspections and
observations must be documented and available for review by the TCEQ.
(d) Additional Requirements for Level 4 small MS4s:
In addition to all the requirements described in Parts III.B.5(b) and III.B.5.(c) above,
permittees who operate Level 4 small MS4s shall meet the following requirements:
(1) Pesticide, Herbicide, and Fertilizer Application and Management
a. Landscape maintenance - The permittee shall evaluate the materials used and
activities performed on public spaces owned and operated by the permittee
such as parks, schools, golf courses, easements, public rights of way, and other
open spaces for pollution prevention opportunities. Maintenance activities for
the turf landscaped portions of these areas may include mowing, fertilization,
pesticide application, and irrigation. Typical pollutants include sediment,
nutrients, hydrocarbons, pesticides, herbicides, and organic debris.
b. The permittee shall implement the following practices to minimize
landscaping-related pollutant generation with regard to public spaces owned
and operated by the permittee:
(i) Educational activities, permits, certifications, and other measures for the
permittee’s applicators and distributors.
(ii) Pest management measures that encourage non-chemical solutions where
feasible. Examples may include:
(a) Use of native plants or xeriscaping;
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(b) Keeping clippings and leaves out the small MS4 and the street by
encouraging mulching, composting, or landfilling;
(c) Limiting application of pesticides and fertilizers if precipitation is
forecasted within 24 hours, or as specified in label instructions;
(d) Reducing mowing of grass to allow for greater pollutant removal, but
not jeopardizing motorist safety.
c. The permittee shall develop schedules for chemical application in public
spaces owned and operated by the permittee that minimize the discharge of
pollutants from the application due to irrigation and expected precipitation.
d. The permittee shall ensure collection and proper disposal of the permittee’s
unused pesticides, herbicides, and fertilizers.
(2) Evaluation of Flood Control Projects
The permittee shall assess the impacts of the receiving water(s) for all flood control
projects. New flood control structures must be designed, constructed, and
maintained to provide erosion prevention and pollutant removal from stormwater.
The retrofitting of existing structural flood control devices to provide additional
pollutant removal from stormwater shall be implemented to the maximum extent
practicable.
6. Industrial Stormwater Sources
Permittees operating a Level 4 small MS4 shall include the requirements described below in
Part III. B.6(a) and (b) – this requirement is only applicable to Level 4 MS4s
(a) Permittees who operate Level 4 small MS4s shall identify and control pollutants in
stormwater discharges to the small MS4 from permittee’s landfills; other treatment,
storage, or disposal facilities for municipal waste (for example, transfer stations and
incinerators); hazardous waste treatment, storage, disposal and recovery facilities and
facilities that are subject to Emergency Planning and Community Right-to-Know Act
(EPCRA) Title III, Section 313; and any other industrial or commercial discharge the
permittee determines are contributing a substantial pollutant loading to the small MS4.
(b) The program must include priorities and procedures for inspections and for
implementing control measures for such industrial discharges.
7. Authorization for Construction Activities where the Small MS4 is the Site
Operator
The development of this MCM for construction activities, where the small MS4 is the site
operator, is optional and provides an alternative to the MS4 operator seeking coverage
under TPDES CGP, TXR150000 for each construction activity. Permittees that choose to
develop this measure will be authorized to discharge stormwater and certain non-
stormwater from construction activities where the MS4 operator meets the definition of a
construction site operator in Part I of this general permit.
When developing this measure, permittees are required to meet all requirements of, and be
consistent with, applicable effluent limitation guidelines for the Construction and
Development industry (40 CFR Part 450), TPDES CGP TXR150000, and Part III.B.3 of this
permit.
The authorization to discharge under this MCM is limited to the regulated area, such as the
portion of the small MS4 located within a UA or the area designated by TCEQ as requiring
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coverage. However, an MS4 operator may also utilize this MCM over additional portions of
their small 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, an 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 CGP, TXR150000, or under an individual TPDES permit.
This MCM is only available for projects where the small MS4 is a construction site operator
or owner, and the MCM does not provide any authorization for other construction site
operators at a municipal project.
Controls required under this MCM must be implemented prior to discharge from a
municipal construction site into surface water in the state.
The MCM must include:
(a) 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;
(b) A description of the area that this MCM will address and where the permittee’s
construction activities are covered (for example within the boundary of the urbanized
area, the corporate boundary, a special district boundary, an extra territorial
jurisdiction, or other similar jurisdictional boundary);
(c) 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 stormwater discharges;
(d) A general description of how a SWP3 will be developed for each construction site,
according to Part VI of this general permit, ”Authorization for Municipal Construction
Activities”; and
(e) Records of municipal construction activities authorized under this optional MCM, in
accordance with Part VI of this general permit.
Section C. General Requirements
Permittees shall provide information in the SWMP documenting the development and
implementation of the program. 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. If applicable, a list of all MS4 operators contributing to the development and
implementation of the SWMP, including a clear description of the contribution;
3. A list of all BMPs and measurable goals for each of the MCMs;
4. A schedule for the implementation of all SWMP requirements. The schedule must
include, as appropriate, the months and years in which the permittee will undertake
Small MS4 General Permit TPDES General Permit TXR040000 Part IV, Section A & B
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required actions, including interim milestones and the frequency of the action
throughout the permit term.
5. A description of how each measurable goal will be evaluated; and
6. A rationale statement that addresses the overall program, including how the BMPs and
measurable goals were selected.
Part IV. Recordkeeping and Reporting
Section A. Recordkeeping
1. The permittee shall 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 (3) 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 shall 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 shall make the NOI and the SWMP available to the public at reasonable
times during regular business hours, if requested to do so in writing. Copies of the
SWMP must be made available within ten (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 may be instituted against the permittee.
Section B. Reporting
1. General Reporting Requirements
(a) Noncompliance Notification
According to 30 TAC § 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 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 appropriate 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:
(1) 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
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(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, the permittee shall promptly submit the facts or information to the
executive director.
2. Annual Report
The MS4 operator shall submit a concise annual report to the executive director within 90
days of the end of each reporting year. For the purpose of this section, the reporting year
may include either the permit year, the permittee’s fiscal year or the calendar year, as
elected by the small MS4 and notified to the TCEQ in the application submittal. The annual
report must address the previous reporting year.
The first reporting year for annual reporting purposes shall begin on the permit effective
date and shall last for a period of one (1) year (the end of the “permit year”). Alternatively, if
the permittee elects to report based on its fiscal year, the first reporting year will last until
the end of the fiscal year immediately following the issuance date of this permit. If the
permittee elects to report based on the calendar year, then the first reporting year will last
until December 31, 2019.
Subsequent calendar years will begin at the beginning of the first reporting year (which will
vary based on the previous paragraph) and last for one (1) year. The MS4 operator shall 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 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) A summary of the results of information collected and analyzed, during the reporting
period, including monitoring data used to assess the success of the program at reducing
the discharge of pollutants to the MEP;
(c) If applicable, a summary of any activities taken to address the discharge to impaired
waterbodies, including any sampling results and a summary of the small MS4s BMPs
used to address the pollutant of concern;
(d) A summary of the stormwater activities the MS4 operator plans to undertake during
the next reporting year;
(e) Proposed changes to the SWMP, including changes to any BMPs or any identified
measurable goals that apply to the program elements;
(f) Description and schedule for implementation of additional BMP’s that may be
necessary, based on monitoring results, to ensure compliance with applicable TMDLs
and implementation plans. For waters that are listed as impaired after discharge
authorization pursuant to Part II.D.4, include a list of such waters and the pollutant(s)
causing the impairment, and a summary of any actions taken to comply with the
requirements of Part II.D.4.b.;
(g) Notice that the MS4 operator is relying on another government entity to satisfy some of
its permit obligations (if applicable);
Small MS4 General Permit TPDES General Permit TXR040000 Part V
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(h) The number of construction activities where the small MS4 is the operator and
authorized under the 7th optional MCM, including the total number of acres disturbed;
and
(i) The number of construction activities that occurred within the jurisdictional area of the
small MS4 (as noticed to the permittee by the construction operator), and that were not
authorized under the 7th MCM.
MS4s authorized under the previous version of the permit must prepare an annual report
whether or not the NOI and SWMP have 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 NOI and SWMP, then the annual report may include that
information.
If permittees share a common SWMP, they shall contribute to and submit a single system-
wide report. Each permittee shall sign and certify the annual report in accordance with 30
TAC § 305.128 (relating to Signatories to Reports).
The annual report must be submitted with the appropriate TCEQ reporting forms if
available, or as otherwise approved by TCEQ.
The annual report must be submitted to the following address:
Texas Commission on Environmental Quality
Stormwater Team; MC - 148
P.O. Box 13087
Austin, Texas 78711-3087
A copy of the annual report must also be submitted to the TCEQ Regional Office that serves
the area of the regulated small MS4, except if the report is submitted electronically.
Effective December 21, 2020, annual reports must be submitted using the online electronic
reporting system available through the TCEQ website unless the permittee requests and
obtains an electronic reporting waiver.
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. It shall not be a defense for the permittee in an enforcement action that it would have
been necessary to halt or reduce the permitted activity in order to maintain compliance
with the conditions of this permit.
C. The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
D. 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 shall furnish to the executive director, upon
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request and within a reasonable timeframe, any information necessary for the executive
director to determine whether cause exists for modifying, revoking, suspending,
reissuing or terminating authorization under this general permit. Additionally, the
permittee shall provide to the executive director, upon request, copies of all records
that the permittee shall maintain as a condition of this general permit.
E. The permittee shall at all times properly operate and maintain all facilities and systems
of treatment and control (and related appurtenances) which are installed or used to
achieve compliance with the conditions of this permit and with the condition of the
permittee’s SWMP. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. Proper operation
and maintenance requires the operation of backup or auxiliary facilities or similar
systems, installed only when the operation is necessary to achieve compliance with the
conditions of this permit.
F. Inspection and entry shall be allowed under the TWC Chapters 26-28, Health and
Safety Code §§ 361.032-361.033 and 361.037, and 40 CFR §122.41(i). The statement in
TWC § 26.014 that commission entry of a 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.
G. The discharger is subject to administrative, civil, and criminal penalties, as applicable,
under the TWC, Chapters 26, 27, and 28, and the Texas Health and Safety Code,
Chapter 361 for violations including but not limited to the following:
1. Negligently or knowingly violating CWA, §§ 301, 302, 303, 306, 307, 308, 318, or
405, or any condition or limitation implementing any sections in a permit issued
under CWA, § 402; and
2. 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.
H. All reports and other information requested by or submitted to the executive director
must be signed by the person and in the manner required by 30 TAC § 305.128
(relating to Signatories to Reports).
I. Authorization under this general permit does not convey property or water rights of
any sort and does not grant any exclusive privilege.
J. The permittee shall implement its SWMP on any new areas under its jurisdiction that
are located in a UA 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 initial permit coverage.
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Part VI. Authorization for Municipal Construction Activities – Applicable only
if the 7th Optional MCM is selected
The MS4 operator may obtain authorization under TPDES CGP, TXR150000 to discharge
stormwater runoff from each construction activity performed by the MS4 operator that results
in a land disturbance of one (1) acre or more of land or less than one (1) acre of land, if the
construction activity is part of a larger common plan of development or sale that would disturb
one acre or more. Alternatively, the MS4 operator may develop the SWMP to include the
optional seventh (7th) stormwater MCM listed in Part III.B.7 of this general permit if the
eligibility requirements in Part VI.A. below are met.
If an MS4 operator decides to utilize this MCM, then the MS4 operator must include this MCM
in its SWMP submitted with the NOI 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 of this
general permit. If the permittee 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 small 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 stormwater MCM, the MS4 operator may apply
under TPDES CGP TXR150000 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).
Section 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 III.B.1. through III.B.6 of this general permit, related to MCMs.
Section B. Discharges Eligible for Authorization
1. Stormwater Associated with Construction Activity
Discharges of stormwater runoff from small and large construction activities may be
authorized under this general permit.
2. Discharges of Stormwater Associated with Construction Support Activities
Discharges of stormwater 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 one-mile distance from the boundary of the permitted
construction site and directly supports the construction activity;
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(b) A SWP3 is developed according to the provisions of this general permit and includes
appropriate controls and measures to control sediment and erosion and discharge of
pollutants in stormwater runoff from the supporting construction activity site;
(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; and
(d) Discharge of stormwater from concrete production facilities must meet the
requirements in Section E below
3. Non-Stormwater Discharges
The following non-stormwater discharges from construction sites authorized under this
general permit are also eligible for authorization under this MCM:
(a) Discharges from emergency 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) Uncontaminated fire hydrant flushings (excluding discharges of hyperchlorinated
water, unless the water is first dechlorinated and discharges are not expected to
adversely affect aquatic life), which include flushings from systems that utilize potable
water, surface water, or groundwater that does not contain additional pollutants
(uncontaminated fire hydrant flushings do not include systems utilizing reclaimed
wastewater as a source water);
(c) Water from the routine external washing of vehicles, the external portion of buildings
or structures, and pavement, where detergents and soaps are not used and where spills
or leaks of toxic or hazardous materials have not occurred (unless spilled materials
have been removed; and if local state, or federal regulations are applicable, the
materials are removed according to those regulations), and where the purpose is to
remove mud, dirt, or dust;
(d) Uncontaminated water used to control dust;
(e) Potable water sources including waterline flushings (excluding discharges of
hyperchlorinated water, unless the water is first dechlorinated and discharges are not
expected to adversely affect aquatic life);
(f) Uncontaminated 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.
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, provided the discharge
complies with the associated permit.
Section 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.
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Section D. Stormwater Pollution Prevention Plan (SWP3) Requirements
Operators of municipal construction activities that qualify for coverage under this general
permit and that discharge stormwater associated with construction activities into surface
water in the state 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 a TCEQ approved site notice 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.
Section E. Stormwater Runoff from Concrete Batch Plants
Discharges of stormwater runoff from concrete batch plants at regulated construction sites
may be authorized under the provisions of this general permit provided that the following
requirements are met for concrete batch plant(s) authorized under this permit. If discharges
of stormwater runoff from concrete batch plants are not covered under this general permit,
then discharges must be authorized under an alternative general permit or an individual
permit. This permit does not authorize the discharge or land disposal of any wastewater
from concrete batch plants at regulated construction sites. Authorization for these wastes
must be obtained under an individual permit or an alternative general permit.
1. Benchmark Sampling Requirements
(a) Operators of concrete batch plants authorized under this section must sample the
stormwater runoff from the concrete batch plants according to the requirements of this
section of the general permit, and must conduct evaluations of the effectiveness of the
SWP3 based on the following benchmark monitoring values:
Table 1. Benchmark Monitoring
Benchmark Parameters Benchmark
Value
Sampling
Frequency
Sample
Type
Oil and Grease (*1) 15 mg/L 1/quarter (*2)(*3) Grab (*4)
Total Suspended Solids (*1) 50 mg/L 1/quarter (*2)(*3) Grab (*4)
pH (*1) 6.0-9.0 S.U. 1/quarter (*2)(*3) Grab (*4)
Total Iron (*1) 1.3 mg/L 1/quarter (*2)(*3) Grab (*4)
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(*1) Analytical data intended for compliance with benchmark monitoring
requirements must be analyzed by a National Environmental Laboratory
Accreditation Program (NELAP) accredited laboratory based on state rules
located in 30 TAC Chapter 25. Analysis must be performed using sufficiently
sensitive methods for analysis that comply with the rules located in 40 CFR
§136.1(c) and 40 CFR §122.44(i)(1)(iv).
(*2) When discharge occurs. Sampling is required within the first 30 minutes of
discharge. If it is not practicable to take the sample, or to complete the
sampling, within the first 30 minutes, sampling must be completed within the
first hour of discharge. If sampling is not completed within the first 30
minutes of discharge, the reason must be documented and attached to all
required reports and records of the sampling activity.
(*3) Sampling must be conducted at least once during each of the following
periods. The first sample must be collected during the first full quarter that a
stormwater discharge occurs from a concrete batch plant authorized under
this general permit.
• January through March
• April through June
• July through September
• October through December
For projects lasting less than one full quarter, a minimum of one sample shall
be collected, provided that a stormwater discharge occurred at least once
following submission of the NOI.
(*4) A grab sample shall be collected from the stormwater discharge resulting
from a storm event that is at least 0.1 inches of measured precipitation that
occurs at least 72 hours from the previously measurable storm event. The
sample shall be collected downstream of the concrete batch plant, and where
the discharge exits any BMPs utilized to handle the runoff from the batch
plant, prior to commingling with any other water authorized under this
general permit.
(b) The permittee shall compare the results of sample analyses to the benchmark values
above, and must include this comparison in the overall assessment of the SWP3’s
effectiveness. Analytical results that exceed a benchmark value are not a violation of
this permit, as these values are not numeric effluent limitations. Results of analyses are
indicators that modifications of the SWP3 should be assessed and may be necessary to
protect water quality. The operator must investigate the cause for each exceedance and
must document the results of this investigation in the SWP3 by the end of the quarter
following the sampling event.
The operator’s investigation must identify the following:
(1) Any additional potential sources of pollution, such as spills that might have
occurred;
(2) Necessary revisions to good housekeeping measures that are part of the SWP3;
(3) Additional BMPs, including a schedule to install or implement the BMPs; and
(4) Other parts of the SWP3 that may require revisions in order to meet the goal of the
benchmark values.
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Background concentrations of specific pollutants may also be considered during the
investigation. If the operator is able to relate the cause of the exceedance to background
concentrations, then subsequent exceedances of benchmark values for that pollutant
may be resolved by referencing earlier findings in the SWP3. Background
concentrations may be identified by laboratory analyses of samples of stormwater run-
on to the permitted facility, by laboratory analyses of samples of stormwater run-off
from adjacent non-industrial areas, or by identifying the pollutant is a naturally
occurring material in soils at the site.
2. BMPs and SWP3 Requirements
Minimum Stormwater Pollution Prevention Plan (SWP3) Requirements - The following are
required in addition to other SWP3 requirements listed in this section:
(a) Description of Potential Pollutant Sources - The SWP3 must provide a description of
potential sources (activities and materials) that may reasonably be expected to affect
the quality of stormwater discharges associated with concrete batch plants authorized
under this permit. The SWP3 must describe practices that that will be used to reduce
the pollutants in these discharges to assure compliance with this general permit,
including the protection of water quality, and must ensure the implementation of these
practices. The following must be developed, at a minimum, in support of developing
this description:
(1) Drainage – The site map must include the following information:
a. The location of all outfalls for stormwater discharges associated with concrete
batch plants that are authorized under this permit;
b. A depiction of the drainage area and the direction of flow to the outfall(s);
c. Structural controls used within the drainage area(s);
d. The locations of the following areas associated with concrete batch plants that
are exposed to precipitation: vehicle and equipment maintenance activities
(including fueling, repair, and storage areas for vehicles and equipment
scheduled for maintenance); areas used for the treatment, storage, or disposal
of wastes listed in the TPDES CGP TXR150000; liquid storage tanks; material
processing and storage areas; and loading and unloading areas; and
e. The locations of the following: any bag house or other dust control device(s);
recycle or sedimentation pond, clarifier or other device used for the treatment
of facility wastewater (including the areas that drain to the treatment device);
areas with significant materials; and areas where major spills or leaks have
occurred.
(2) Inventory of Exposed Materials – A list of materials handled at the concrete batch
plant that may be exposed to stormwater and that have a potential to affect the
quality of stormwater discharges associated with concrete batch plants that are
authorized under this general permit.
(3) Spills and Leaks - A list of significant spills and leaks of toxic or hazardous
pollutants that occurred in areas exposed to stormwater and that drain to
stormwater outfalls associated with concrete batch plants authorized under this
general permit must be developed, maintained, and updated.
(4) Sampling Data - A summary of existing stormwater discharge sampling data must
be maintained, if available.
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(b) Measures and Controls - The SWP3 must include a description of management controls
to regulate pollutants identified in the SWP3’s “Description of Potential Pollutant
Sources” from Part VI.E.2.(a) of this permit, and a schedule for implementation of the
measures and controls. This must include, at a minimum:
(1) Good Housekeeping - Good housekeeping measures must be developed and
implemented in the area(s) associated with concrete batch plants.
a. Operators must prevent or minimize the discharge of spilled cement,
aggregate (including sand or gravel), settled dust, or other significant
materials from paved portions of the site that are exposed to stormwater.
Measures used to minimize the presence of these materials may include
regular sweeping or other equivalent practices. These practices must be
conducted at a frequency that is determined based on consideration of the
amount of industrial activity occurring in the area and frequency of
precipitation, and shall occur at least once per week when cement or aggregate
is being handled or otherwise processed in the area.
b. Operators must prevent the exposure of fine granular solids, such as cement,
to stormwater. Where practicable, these materials must be stored in enclosed
silos, hoppers or buildings, in covered areas, or under covering.
(2) Spill Prevention and Response Procedures - Areas where potential spills that can
contribute pollutants to stormwater runoff, and the drainage areas from these
locations, must be identified in the SWP3. Where appropriate, the SWP3 must
specify material handling procedures, storage requirements, and use of equipment.
Procedures for cleaning up spills must be identified in the SWP3 and made
available to the appropriate personnel.
(3) Inspections - Qualified facility personnel (for example, a person or persons with
knowledge of this general permit, the concrete batch plant, and the SWP3 related to
the concrete batch plant(s) for the site) must be identified to inspect designated
equipment and areas of the facility specified in the SWP3. The inspection frequency
must be specified in the SWP3 based upon a consideration of the level of concrete
production at the facility, but must be a minimum of once per month while the
facility is in operation. The inspection must take place while the facility is in
operation and must, at a minimum, include all areas that are exposed to
stormwater at the site, including material handling areas, above ground storage
tanks, hoppers or silos, dust collection or containment systems, truck wash down
and equipment cleaning areas. Follow-up procedures must be used to ensure that
appropriate actions are taken in response to the inspections. Records of inspections
must be maintained and be made readily available for inspection upon request.
(4) Employee Training - An employee training program must be developed to educate
personnel responsible for implementing any component of the SWP3, or personnel
otherwise responsible for stormwater pollution prevention, with the provisions of
the SWP3. The frequency of training must be documented in the SWP3, and at a
minimum, must consist of one training prior to the initiation of operation of the
concrete batch plant.
(5) Record Keeping and Internal Reporting Procedures - A description of spills and
similar incidents, plus additional information that is obtained regarding the quality
and quantity of stormwater discharges, must be included in the SWP3. Inspection
and maintenance activities must be documented and records of those inspection
and maintenance activities must be incorporated in the SWP3.
Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section E
Page 62
(6) Management of Runoff - The SWP3 shall contain a narrative consideration for
reducing the volume of runoff from concrete batch plants by diverting runoff or
otherwise managing runoff, including use of infiltration, detention ponds, retention
ponds, or reusing of runoff.
(c) Comprehensive Compliance Evaluation – At least once per year, one (1) or more
qualified personnel (for example, a person or persons with knowledge of this general
permit, the concrete batch plant, and the SWP3 related to the concrete batch plant(s)
for the site) shall conduct a compliance evaluation of the plant. The evaluation must
include the following:
(1) Visual examination of all areas draining stormwater associated with regulated
concrete batch plants for evidence of, or the potential for, pollutants entering the
drainage system. These include but are not limited to: cleaning areas, material
handling areas, above ground storage tanks, hoppers or silos, dust collection or
containment systems, and truck wash down and equipment cleaning areas.
Measures implemented to reduce pollutants in runoff (including structural controls
and implementation of management practices) must be evaluated to determine if
they are effective and if they are implemented in accordance with the terms of this
permit and with the permittee’s SWP3. The operator shall conduct a visual
inspection of equipment needed to implement the SWP3, such as spill response
equipment.
(2) Based on the results of the evaluation, the following must be revised as appropriate
within two (2) weeks of the evaluation: the description of potential pollutant
sources identified in the SWP3 (as required in Part VI.E.2(a), “Description of
Potential Pollutant Sources”); and pollution prevention measures and controls
identified in the SWP3 (as required in Part VI.E.2.(b) “Measures and Controls”).
The revisions may include a schedule for implementing the necessary changes.
(3) The permittee shall prepare and include in the SWP3 a report summarizing the
scope of the evaluation, the personnel making the evaluation, the date(s) of the
evaluation, major observations relating to the implementation of the SWP3, and
actions taken in response to the findings of the evaluation. The report must identify
any incidents of noncompliance. Where the report does not identify incidences of
noncompliance, the report must contain a statement that the evaluation did not
identify any incidence(s), and the report must be signed according to 30 TAC
§305.128, relating to Signatories to Reports.
(4) The Comprehensive Compliance Evaluation may substitute for one of the required
inspections delineated in Part VI.E.2.(b)(3) of this general permit.
3. Prohibition of Wastewater Discharges
Wastewater discharges associated with concrete production including wastewater disposal
by land application are not authorized under this general permit. These wastewater
discharges must be authorized under an alternative TCEQ water quality permit or otherwise
disposed of in an authorized manner. Discharges of concrete truck washout at construction
sites may be authorized if conducted in accordance with the requirements of Part VI of this
general permit.
4. Concrete Truck Wash Out Requirements
This general permit authorizes the wash out of concrete trucks at construction sites
regulated under this section of the general permit, provided the following requirements are
Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section F, G H, & I
Page 63
met. Authorization is limited to the land disposal of wash out water from concrete trucks.
Any other direct discharge of concrete production waste water must be authorized under a
separate TCEQ general permit or individual permit.
(a) Direct discharge of concrete truck wash out water to surface water in the state,
including discharge to storm sewers, is prohibited by this general permit.
(b) Concrete truck wash out water shall be discharged to areas at the construction site
where structural controls have been established to prevent direct discharge to surface
waters or to areas that have a minimal slope that allow infiltration and filtering of wash
out water to prevent direct discharge to surface waters. Structural controls may consist
of temporary berms, temporary shallow pits, temporary storage tanks with slow rate
release, or other reasonable measures to prevent runoff from the construction site.
(c) Wash out of concrete trucks during rainfall events shall be minimized. The direct
discharge of concrete truck wash out water is prohibited at all times, and the operator
shall insure that its BMPs are sufficient to prevent the discharge of concrete truck
washout as the result of rain.
(d) The discharge of wash out water shall not cause or contribute to groundwater
contamination.
(e) If a SWP3 is required to be implemented, the SWP3 shall include concrete wash out
areas on the associated map.
Section F. Effective Date of Coverage
Construction activities may not commence under this section until the MS4 NOI and SWMP
are approved in writing by the TCEQ. Following approval of the NOI and SWMP, operators
of construction activities eligible for coverage under this general permit are authorized to
discharge stormwater associated with construction activity immediately upon posting the
signed construction site notice required under this section.
Section 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.
Section 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 stormwater management plans;
and to local government officials.
Section I. Keeping Plans Current
The permittee shall amend the SWP3 whenever either of the following occurs:
Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section J
Page 64
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.
Section J. Contents of SWP3
The SWP3 must include, at a minimum, the information described in this section.
1. Site Description
A site description, or project description, which must include:
(a) A description of the nature of the construction activity, potential pollutants and
sources;
(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) Locations of all major structural controls either planned or in place;
(4) Locations where temporary or permanent stabilization practices are expected to be
used;
(5) Locations of construction support activities, including off-site activities that are
authorized under the permittee’s NOI, including material, waste, borrow, fill, or
equipment storage areas;
(6) Surface waters (including wetlands) either at, adjacent, or in close proximity to the
site;
(7) Locations where stormwater discharges from the site directly to a surface water
body or a MS4; and
(8) Vehicle wash areas.
(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.
Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section J
Page 65
2. Structural and non-structural controls
The SWP3 must describe the structural and the non-structural controls (BMPs) 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:
Erosion and Sediment Controls
(a) Erosion and sediment controls must be designed to retain sediment on-site to the
maximum extent practicable with consideration for local topography and rainfall.
(b) 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.
(c) Sediment must be removed from sediment traps and sedimentation ponds no later
than the time that design capacity has been reduced by 50 percent.
(d) 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.
(e) Controls must be developed to limit offsite transport of litter, construction debris, and
construction materials by stormwater 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 must
ensure that existing vegetation is preserved where possible.
(a) Stabilization practices may include but are not limited to: establishment of temporary
vegetation, establishment of permanent 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 immediately in portions of the site where
construction activities have temporarily or permanently ceased, and will not resume for
a period exceeding 14 calendar days, except as provided in (1) and (2) below.
(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
Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section J
Page 66
conditions exist in arid areas, semiarid areas, and areas experiencing drought
conditions.
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) Sites with a drainage area of ten (10) or more acres:
(1) A sediment basin is required, where feasible, for a common drainage location that
serves an area with ten (10) or more acres disturbed at one time. A sedimentation
basin may be temporary or permanent, but must provide sufficient storage to
contain a calculated volume of runoff from a 2-year, 24-hour storm from each
disturbed acre drained. When calculating the volume of runoff from a 2-year, 24-
hour storm event, it is not required to include the flows from off-site areas and
flow from on-site 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. Capacity calculations must be included in the SWP3.
(2) Where rainfall data is not available or a calculation cannot be performed the
sedimentation basin must provide at least 3,600 cubic feet of storage per acre
drained until the site reaches final stabilization.
(3) If a sedimentation basin is not feasible, then the permittee shall provide equivalent
control measures until the site reaches final stabilization. In determining whether
installing a sediment basin is feasible, the permittee may consider factors such as
site soils, slope, available area, public safety, precipitation pattern, site geometry,
site vegetation, infiltration capacity, geotechnical factors, depth to groundwater,
and other similar considerations. The permittee shall document the reason that the
sediment basins are not feasible, and shall utilize equivalent control measures,
which may include a series of smaller sediment basins.
(4) Perimeter Controls – At a minimum, silt fences, vegetative buffer strips, or
equivalent sediment controls are required for all down slope boundaries of the
construction area, and for those side slope boundaries deemed appropriate as
dictated by individual site conditions.
(b) Controls for sites with drainage areas less than ten acres:
(1) Sediment traps and sediment basins may be used to control solids in stormwater
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
down slope boundaries of the construction area, and for those side slope
boundaries deemed appropriate as dictated by individual site conditions.
(2) Alternatively, a sediment basin that provides storage for a calculated volume of
runoff from a 2-year, 24-hour storm from each disturbed acre drained may be
utilized. Where rainfall data is not available or a calculation cannot be performed,
a temporary or permanent sediment basin providing 3,600 cubic feet of storage
per acre drained may be provided. If a calculation is performed, then the
calculation shall be included in the SWP3.
Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section J
Page 67
5. Permanent Stormwater Controls
A description of any measures that will be installed during the construction process to
control pollutants in stormwater 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 stormwater 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 SWP3 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 stormwater 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. Effluent Limits
The federal Effluent Limitations Guidelines at 40 CFR § 450.21 apply to all regulated
construction activities under this 7th optional MCM, where the small MS4 is the operator.
8. Approved State and Local Plans
(a) The permittee shall ensure the SWP3 is consistent with requirements specified in
applicable sediment and erosion site plans or site permits, or stormwater 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
stormwater management site plans or site permits approved by state or local official for
whom the permittee receives written notice.
9. 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 stormwater controls. If maintenance prior to the next anticipated
storm event is impracticable, maintenance must be scheduled and accomplished as soon as
practicable.
10. Inspections of Controls
(a) Personnel provided by the permittee 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, discharge locations, and structural controls for evidence of, or
the potential for, pollutants entering the drainage system. Personnel conducting these
inspections must be knowledgeable of this general permit, familiar with the
construction site, and knowledgeable of the SWP3 for the site. Sediment and erosion
Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section J
Page 68
control measures identified in the SWP3 must be inspected to ensure that they are
operating correctly. Locations where vehicles enter or exit the site must be inspected
for evidence of off-site sediment tracking. Inspections must be conducted at least once
every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or
greater.
Where sites have been finally or temporarily stabilized or where runoff is unlikely due
to winter conditions (e.g. site is covered with snow, ice, or frozen ground exists),
inspections must be conducted at least once every month. In arid or semi-arid, or
drought-stricken areas, inspections must be conducted at least once every month and
within 24 hours after the end of a storm event of 0.5 inches or greater
As an alternative to the above-described inspection schedule of once every 14 calendar
days and within 24 hours of a storm event of 0.5 inches or greater, the SWP3 may be
developed to require that these inspections will occur at least once every seven (7)
calendar days. If this alternative schedule is developed, then the inspection must occur
on a specifically defined day, regardless of whether or not there has been a rainfall
event since the previous inspection.
The inspections may occur on either schedule provided that the SWP3 reflects the
current schedule and that any changes to the schedule are conducted in accordance
with the following provisions: the schedule may be changed a maximum of one time
each month, the schedule change must be implemented at the beginning of a calendar
month, and the reason for the schedule change must be documented in the SWP3 (e.g.,
end of “dry” season and beginning of “wet” season).
(b) Utility line installation, pipeline construction, and other examples of long, narrow,
linear construction activities may provide inspection personnel with limited access to
the areas described in Part VI.J.10(a) above. Inspection of these areas could require
that vehicles compromise temporarily or even permanently stabilized areas, cause
additional disturbance of soils, and increase the potential for erosion. In these
circumstances, controls must be inspected at least once every 14 calendar days and
within 24 hours of the end of a storm event of 0.5 inches, but representative
inspections may be performed. For representative inspections, personnel must inspect
controls along the construction site for 0.25 mile above and below each access point
where a roadway, undisturbed right-of-way, or other similar feature intersects the
construction site and allows access to the areas described in Part VI.J.10.(a) above. The
conditions of the controls along each inspected 0.25 mile portion may be considered as
representative of the condition of controls along that reach extending from the end of
the 0.25 mile portion to either the end of the next 0.25 mile inspected portion, or to the
end of the project, whichever occurs first.
As an alternative to the above-described inspection schedule of once every 14 calendar
days and within 24 hours of a storm event of 0.5 inches or greater, the SWP3 may be
developed to require that these inspections will occur at least once every seven (7)
calendar days. 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. The inspections may occur on either schedule provided
that the SWP3 reflects the current schedule and that any changes to the schedule are
conducted in accordance with the following provisions: the schedule may be changed a
maximum of one time each month, the schedule change must be implemented at the
beginning of a calendar month, and the reason for the schedule change must be
documented in the SWP3 (e.g., end of “dry” season and beginning of “wet” season).
Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section K
Page 69
(c) In the event of flooding or other uncontrollable situations that prohibit access to the
inspection sites, inspections must be conducted as soon as access is practicable.
(d) 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.
(e) A report summarizing the scope of the inspection, the date(s) 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 particular location; and locations where additional BMPs are needed.
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.
The report must be signed by the person and in the manner required by 30 TAC
§305.128 (relating to Signatories to Reports).
(f) The names and qualifications of personnel making the inspections for the permittee
may be documented once in the SWP3 rather than being included in each report.
11. Pollution Prevention Measures
The SWP3 must identify and ensure the implementation of appropriate pollution prevention
measures for all eligible non-stormwater components of the discharge.
Section K. Additional Retention of Records
The permittee shall 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 section, including copies of the construction
site notices.
PAGE 1 OF 5 INTERLOCAL GOVERNMENTAL AGREEMENT
STATE OF TEXAS §
§ INTERLOCAL GOVERNMENTAL
COUNTY OF DALLAS § AGREEMENT
This Interlocal Agreement ("AGREEMENT") for the joint submission of a Stormwater
Management Program to satisfy the requirements of the permit application to the Texas
Commission on Environmental Quality (TCEQ) for compliance with Phase II municipal
stormwater discharges to waters of the U.S. (hereafter referred to as the “PROGRAM”) 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 69th Legislature, Regular Session, 1985)
(hereafter referred to as the “DISTRICT”).
Recitals:
WHEREAS, the CITY and the DISTRICT mutually desire to enter into an
AGREEMENT to partner with each other in the joint submission of a Stormwater Management
Program to the TCEQ for compliance with Phase II 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 Governments 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 Governments; 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
conditions 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:
PAGE 2 OF 5 INTERLOCAL GOVERNMENTAL AGREEMENT
Article I
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.
Article II
Obligation of the Parties
2.1 The CITY and the DISTRICT have independently contracted, paid and received for
Engineering Stormwater Management Program related to the DISTRICT and the CITY
concerning the storm water management of the NW Flood Control District located within the
jurisdictional boundaries of the CITY. The CITY and the DISTRICT agree to a joint submission
of a Stormwater Management Program to the TCEQ in compliance with the Phase II requirements
related to the flood control district.
2.2 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
conducted at the sole cost and the financial responsibility of the DISTRICT.
2.3 The CITY and the DISTRICT agree that the CITY will perform the required
portions of the Stormwater Management Program in regards to the minimum control measures in
accordance with its Stormwater Management Program to include:
1. Public Education, Outreach, and Involvement
2. Illicit Discharge Detection and Elimination
3. Construction Site Stormwater Runoff Control
4. Post-Construction Stormwater Management in New Development and
Redevelopment
5. Pollution Prevention and Good Housekeeping for Municipal Operations
2.4 The CITY and the DISTRICT agree that each respective entity will be responsible
within their area of involvement for minimum control measure 5, Pollution Prevention/Good
Housekeeping for Municipal Operations.
2.5 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.
2.6 The CITY and the DISTRICT agree that each respective entity will 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 Stormwater Management Program
PAGE 3 OF 5 INTERLOCAL GOVERNMENTAL AGREEMENT
Article III
Indemnification and Hold Harmless
THE DISTRICT AGREES TO INDEMNIFY AND HOLD THE CITY HARMLESS FROM
ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING FROM OR RESULTING
FROM THE NEGLIGENCE OR ACTIONS OF EMPLOYEES OR AGENTS OF THE
DISTRICT DURING THE IMPLEMENTATION OF THE STORMWATER
MANAGEMENT PROGRAM TO THE EXTENT PERMITTED BY LAW. THE CITY
AGREES TO INDEMNIFY AND HOLD THE DISTRICT HARMLESS FROM ANY
CLAIM BY A THIRD PARTY FOR DAMAGES ARISING FROM OR RESULTING
FROM THE NEGLIGENCE OR ACTIONS OF EMPLOYEES OR AGENTS OF THE
CITY DURING THE IMPLEMENTATION OF THE STORMWATER MANAGEMENT
PROGRAM TO THE EXTENT PERMITTED BY LAW. HOWEVER, THE
INDEMNIFICATION 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 ET SEQ., OR OTHERWISE.
Article IV
Notices
4.1 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 City of Coppell
c/o Mr. Pete Eckert c/o City Engineer
3960 Broadway Boulevard, Suite 220-O 265 Parkway Blvd.
Garland, Texas 75043 Coppell, TX 75019
4.2 A change of address may be made by either party upon the giving of ten (10) days
prior written notice.
PAGE 4 OF 5 INTERLOCAL GOVERNMENTAL AGREEMENT
Article V
Miscellaneous Provisions
5.1 This AGREEMENT shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns.
5.2 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.
5.4 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.
5.5 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.
5.6 If, in case, any one 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.
5.7 The obligations and undertakings of each of the parties to this AGREEMENT are
and shall be performable in Dallas County, Texas.
5.8 Each party hereto warrants that it has received authority from its governing body to
enter into this AGREEMENT.
(signature page to follow)
PAGE 5 OF 5 INTERLOCAL GOVERNMENTAL AGREEMENT
EXECUTED this ___ day of ______, 2019.
NORTHWEST DALLAS COUNTY CITY OF COPPELL, TEXAS
FLOOD CONTROL DISTRICT
By:_______________________________ By:___________________________
Wayne Reynolds Karen Selbo Hunt
President Mayor
ATTEST: ATTEST:
___________________________________ ______________________________
Christel Pettinos
City Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
____________________________________ ______________________________
Robert Hager
Attorney City Attorney
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4570
File ID: Type: Status: 2018-4570 Agenda Item Agenda Ready
2Version: Reference: In Control: City Council
06/09/2019File Created:
Final Action: Stacked Storage PD-299-CFile Name:
Title: PUBLIC HEARING:
Consider approval of PD-299-C, Stacked Storage, zoning change request
from C (Commercial) to PD-299-C (Planned Development-299- Commercial)
to allow 5,100 square feet of office and 17,000 square feet of storage area,
with a maximum building height of 35’ on 2.7 acres of property located at the
northeast corner of SH 121 and Coppell Road, and to amend the Land Use
Map of the Coppell 2030, A Comprehensive Master Plan from “Urban
Residential Neighborhood” to “Freeway Special District” at the request of
Michael Cole, Stacked Storage.
Notes:
Agenda Date: 07/09/2019
Agenda Number: 10.
Sponsors: Enactment Date:
Council cover memo.pdf, Building Elevations.pdf, Land
Use Plan Amendment.pdf, Landscape Plan.pdf,
Renderings, Screening Wall Elevation and Monument
Sign.pdf, Site Plan.pdf, Staff Report.pdf, Tree
Mitigation Plan.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 06/20/2019Planning & Zoning
Commission
2 07/09/2019City Council
Text of Legislative File 2018-4570
Title
PUBLIC HEARING:
Consider approval of PD-299-C, Stacked Storage, zoning change request from C
Page 1City of Coppell, Texas Printed on 7/5/2019
Master Continued (2018-4570)
(Commercial) to PD-299-C (Planned Development-299- Commercial) to allow 5,100 square
feet of office and 17,000 square feet of storage area, with a maximum building height of 35’ on
2.7 acres of property located at the northeast corner of SH 121 and Coppell Road, and to
amend the Land Use Map of the Coppell 2030, A Comprehensive Master Plan from “Urban
Residential Neighborhood” to “Freeway Special District” at the request of Michael Cole,
Stacked Storage.
Summary
Staff Recommendation:
[Enter Staff Recommendation Here]
Goal Icon:
Business Prosperity
Page 2City of Coppell, Texas Printed on 7/5/2019
1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: July 9, 2019
Reference: Consider approval of a zoning change to PD-299-C to allow 5,100 square feet of office
and 17,000 square feet of storage area, with a maximum building height of 35’ on 2.7
acres of property located at the northeast corner of SH 121 and Coppell Road, and to
amend the Land Use Map of the Coppell 2030, A Comprehensive Master Plan from
“Urban Residential Neighborhood” to “Freeway Special District”
2030: Business Prosperity
Executive Summary:
This is a two-part request, part one is an amendment to the 2030 Comprehensive Plan to amend the Future
Land Use Map from “Urban Residential Neighborhood” to “Freeway Special District’ and the second
part is to rezone this property from Commercial (C) to a Planned Development (PD) for Office and
Stacked Storage uses.
Introduction:
Land Use Amendment
The subject property is an irregularly shaped tract which fronts SH 121 and Coppell Road, and abuts the
Willow Park subdivision to the east. This property is not suitable for residential development and a low
intensity, non-residential use would provide both a visual and a sound buffer between the existing
residential and the heavily traveled freeway. Therefore, the amendment to the Land Use designation that
supports commercial uses (Freeway Special District) is appropriate.
Planned Development (PD)
This PD request would allow for 5,100 square feet of office space, which is intended to be small incubator
type offices, along the Coppell Road frontage and 17,000 square feet for a “stacked storage” concept.
The proposed use is similar to “PODS” and all activities will be internal to the building, with no outside
storage to be permitted. This facility will generally operate during normal business hours and will have
minimal traffic. The building’s design mimics a warehouse/office instead of a mini-warehouse facility.
The property exceeds the minimums of the landscape ordinance, a full 48% of the site will be devoted to
landscaping. Approximately 20 existing trees are to be preserved along the street frontages in addition
to all the trees in the flood plain area. The property is heavily treed, with over 2,000 caliper inches of
protected trees on this less than three-acre site. Given the size and age of the trees to be removed, the
tree mitigation fees may amount to approximately $100,000, even applying the allowed 58% preservation
2
credit and upsizing of all overstory trees to be planted with this development. If this property was zoned
Light Industrial, then the 490 caliper inches of trees within the footprint of the building would be netted
from the total fee due, and the mitigation fee would be reduced to approximately $30,000. While staff
cannot recommend the reduction in the mitigation fees, City Council may provide this relief as part of
the consideration of the PD if deemed appropriate.
Neighborhood Discussions
Prior to submitting a formal application to the city, the developer met with representatives from the
neighborhood numerous times, to discuss the project and discuss their concerns. During these discussions
the homeowners provided a list of requests, many of which could not be fulfilled due to practical and
technical issues, such as: connection to the existing trail system; the provision of a community play area
in the flood plain, among others. However, the proposed developer will be replacing the abutting
homeowner’s existing 6’ wood fences along the common property line with a 6’ masonry fence which
matches the material of the existing screening walls in Willow Park. Also, per request of the neighbors,
the building elevations were modified to eliminate the glass along the façade facing the residential, to
insure there will not be any glare issues onto the neighborhood.
Analysis:
On June 20, 2019 the Planning and Zoning Commission recommended approval of PD-299-C, Stacked
Storage and the amendment to the 2030, A Comprehensive Master Plan from “Urban Residential
Neighborhood” to “Freeway Special District” subject to the following conditions:
1. The property shall be platted prior to the issuance of a building permit.
2. A tree removal permit shall be required prior to the removal of any trees on the site.
3. There will be additional comments at the time of detail engineering review and building permit.
4. The following PD Conditions shall be made part of the Ordinance:
A. Hours of Operation will be:
Mon. - Fri.: 9 a.m. - 6 p.m.
Saturday: 8 a.m. - 4 p.m.
Closed Sundays (*Limited access may be available outside of normal
business hours by appointment only)
Access to storage pods will be controlled and limited to business hours only, 24hr
Access will not be permitted.
B. Prohibited materials - Any item or material that is considered illegal, hazardous or alive will
not be permitted, including combustible and toxic materials, chemicals, food products,
animals, plants, weapons, etc.
C. Absolutely NO outside storage will be permitted at any time
D. The property owner (Stacked Storage) will build and maintain a 6-foot tall, double-thick
masonry brick screening wall where they abut the Willow Park subdivision, which will
match the existing Willow Park entry wall.
a. This screening wall shall replace the existing wood fences, in coordination with the
abutting property owners.
b. The wall shall be constructed in accordance with the City of Coppell Standards.
c. This wall shall be maintained by the PD-299-C property owners (Stacked Storage
and/or future property owners) in perpetuity.
E. The building materials shall be as indicated on the building elevations, including: Painted
Concrete Panels (Dark Tan, Dark Brown, Dark Gray, Light Tan), modular Brick – Ebony,
Limestone Block (Coronado Stone) – Cream, and Metal Trim (Dark Gray, White, Black)
F. All site lighting provided will meet the City of Coppell Development Code article 36
standards for glare and lighting.
3
G. All attached signs and the monument sign shall be in accordance with the Sign Regulations.
Legal Review:
This did not require city attorney review
Fiscal Impact:
None
Recommendation:
The Planning Department recommends APPROVAL of PD-299-C, Stacked Storage and the amendment
to the 2030, A Comprehensive Master Plan from “Urban Residential Neighborhood” to “Freeway Special
District”
Attachments:
1. Staff Report
2. Land Use Amendment Exhibit
3. Site Plan
4. Landscape Plan
5. Tree Survey and Mitigation Plan
6. Building Elevations
7. Renderings, Screening Wall Elevations, and Monument Sign.
Northwest
West
Southeast
South / Southwest 20' 6"35' 0"36' 6"36' 6"16' 0"35' 0"20' 6"18' 0"12' 6"35' 0"18' 0"20' 6"35' 0"Modular Brick: Ebony
Spandrel Glazing
Painted Concrete Panels:
SW7040: Dark Brown
SW7674: Dark Gray
SW9173: Light Tan
SW9174: Dark Tan
Metal Awning
Painted White
Painted Concrete Panels:
SW7040: Dark Brown
SW7674: Dark Gray
SW9173: Light Tan
SW9174: Dark Tan
12 x 24 Limestone: Cream
Painted Concrete Panels:
SW7040: Dark Brown
SW7674: Dark Gray
SW9173: Light Tan
SW9174: Dark Tan
Metal Pergola Painted Black
12 x 24 Limestone: Cream
Painted Concrete Panels:
SW7040: Dark Brown
SW7674: Dark Gray
SW9173: Light Tan
SW9174: Dark Tan
Blue Tinted Glazing
& Aluminum Framing
Modular Brick: Ebony
16'8'4'0'
1/8" = 1'-0"
Northeast
Modular Brick: Ebony
Spandrel Glazing
Painted Concrete Panels:
SW7040: Dark Brown
SW7674: Dark Gray
SW9173: Light Tan
SW9174: Dark Tan
Blue Tinted Glazing
& Aluminum Framing
16' 0"
3' 7"16' 10"
Attached Lighted Wall
Sign (White) Lettered
Individually Mounted,
Typical 3 Sides
30' 6"
amend the Land Use Map of Coppell 2030, Comprehensive Master Planfrom “Urban Residential Neighborhood” to “Freeway Special District”
Painted Concrete Panels:
SW7040: Dark Brown
SW7674: Dark Gray
SW9173: Light Tan
SW9174: Dark Tan (Main Color)
Corporate Accent Reveal Color
17,500 SQFT (84.42%)
Spandrel Glazing /
Blue Tinted Glazing &
Aluminum Framing
12 x 24 Limestone: Coronado
Stone - Cream
1,870 SQFT (9.02%)
Modular Brick: Acme
Brick - Ebony
1,360 SQFT (6.56%)
Painted Trim & Metal:
Paint: SW7020: Dark Gray
Paint: SW7757: White
Paint: SW6258: Black
Sherwin-Williams
view @ main entrance
view from north coppell road entry
view from highway 121
screening wall
2' 1"4' 0"5"6' 0"1' 10"2"2' 0"2"1' 10"6' 0"10' 0"
Brick & Pattern to
Match Adjacent
Residential
Community Wall
Cast Concrete
(SW9173)
Brick (Ebony)
Painted Accent
6" Address
Lettering (SW7020)
10" Halo Lighted
Logo Sign
monumental sign (conceptual design)
elevation is repeated on both sides
view from covered patio
view from storage bay loading/unloading
OUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUTBM MNS
483.28'
2001
2003DNF
N22°52'59"W
48.78'
N05°34'42"W
24.32'N48°04'58"E 188.05'N42°54'58"E 33.80'N48°24'23"E 349.35'S69°5
2
'
1
1
"
E
2
1
0
.
5
8
'S53°26'42"W 329.31'S00°19'56"E 179.92'S89°30'15"W 337.12'STATE HIGHWAY No. 121(VARIABLE WIDTH PUBLIC RIGHT-OF-
WAY)
COLUMN
TELETELE
RIM=482.9'
RIM=477.4'
RIM=470.7'
UP
UP
UP
UP
UP
CAUTION LEFT TURN
GAS
UP/UG
EMUC
GASYIELD
GP
GP
GP GP
OU OU OU OU
LOT 21
LOT 22
LOT 23
LOT 24
LOT 2X
LOT 20
DAVINCI COURTINST.# 201100027028O.P.R.D.C.T.WILLOW PARK
INST.# 201100027028
O.P.R.D.C.T.
WV
FH
WVWV
FH
WV
WALL
RIM=478.8'
FL 18" STORM=464.8'
463
463
4
6
446546
6
467468469466
467468
469470
471
472
473
474475476
477478479
480
481
482
483
484485485484483482482483484
485
485485484483 485
486
486484
N. COPPELL ROAD
(60' PUBLIC RIGTH-OF-WAY)486487480479 BUFFALO BAYOU, BRAZOS AND
COLORADO RAILROAD COMPANY
SURVEY - ABSTRACT NO. 145
PATIENCE PILES SURVEY
ABSTRACT NO. 1772
O.P.R.D.C.T.
RIM=468.2'
THE STATE OF TEXAS
INST.# 201200052425
O.P.R.D.C.T.479480
478
477476
475474
473472471
LOT 3X
LOT 19
13" ELM (M)40444
8" ELM (M)40445
T24PECAN40446
T24PECAN40447
9" ELM40448
10" ELM
40449
12" ELM40450 8" ELM
40451
10" ELM
40452
T7PECAN40453
6" ELM40454
7" ELM40455
8" ELM40456
6" ELM40457T8BOISDARC
40458
17" ELM40459
6" ELM40460
9" ELM40461
10" ELM40462
11" ELM
40463
6" ELM40464
6"
H
A
C
K
B
E
R
R
Y
40
4
6
5
7" ELM (M)40466
7" ELM40467
9" ELM (M)40468
7" ELM40469
10" HACKBERRY40470
10" ELM40471
T24PECAN M40472
T15PECAN40473
T22PECAN40477
T14PECAN40478
T6MULBERRY40479 T6MULBERRY40480
T6MULBERRY40481
6" ELM40484
6" ELM40485
8" ELM40486T6MULBERRY40487 T12MULBERRY40488
T24PECAN40489
T12PECAN
40490
6" ELM40492 6" ELM40493
7" ELM40494
6" ELM40495
T11BOISDARC40496
8" ELM40497
T13
H
I
C
K
O
R
Y
(
M
)
4049
8
7" ELM40499
BOISDARC
"
10405008" ELM40501
10" ELM40502
6" BOISDARC40503
7" ELM
40504
6" ELM4050510" ELM40506
7" ELM40507
21" PECAN40508
18" PECAN40509
24" ELM M40510
6" ELM40511
TE12
4051
2
10" ELM
40513
10" ELM40514
16" ELM (M)40515
10" ELM (M)
40516
18" OAK
40179
19" OAK
40180
19" OAK
40181
16" OAK
4017612" OAK
40177
23" OAK
4017810" OAK
4018212" OAK
40183
19" OAK
40184
23" OAK
40185
13" OAK
40193 14" OAK
40194
14" OAK
40195
17" OAK
40197
19" OAK
40199
12" OAK
40200
12" OAK
40201
23" OAK
40202
25" OAK
40203
22" OAK
40204
11" OAK
40243
16" OAK
40244
26" OAK
40245 27" OAK
40246
20" OAK
40247 11" OAK
40249 14" OAK
40353
12" OAK
4035412" OAK
40355
STORAGE+/- 17,000 SF
PROPOSED FF: 483.00
24'
OFFICES (+/- 5,100 SF)PATIO
DECOMPOSED GRANITE
WALK CONNECTION
FIRELANEFIRELA
N
E
FIRELANE FIRELANE FIRELANE
FIRELANE
FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFI
R
E
L
A
N
E
24'
24'24'
30' SETBACK
30' SETBACK
UE
GAS
EX-W EX-W EX-W EX-W EX-WWW WW
EX-WFH SSSSSSSSEX-SS
EX-SS
SS
FH EX-WEX-WEX-WEX-WEX-WEX-WPROPOSED GRATE INLET
REFER TO DRAINAGE PLAN
PROPOSED GRATE INLET
REFER TO DRAINAGE PLAN
PROPOSED GRATE INLET
REFER TO DRAINAGE PLAN
PROPOSED FIRE LANE
PAVEMENT PER CITY OF
COPPELL SPECIFICATIONS
(TYP.)
PROPOSED
5' SIDEWALK
INSTALL
"STOP" SIGN
20'PROPOSED DRAINAGE OUTLET
REFER TO DRAINAGE PLAN
77
3
9
9'
12'
18'
PROPOSED DUMPSTER LOCATION
AND SCREENING (PER CITY OF
COPPELL STANDARDS)
9'
18'
11'
5'
9'
100 YEAR FLOOD PLAIN
8'
8'
5'
5'
2.4'
70.5'
6.5'
34.0'
224.3'
5'
PROPOSED
8' SIDEWALK
34.0'
35.0'30.0'
PROPOSED MONUMENT SIGN
TO MEET CITY ORDINACEREQUIREMENTS FOR MATERIALS,
COLORS, ETC. - REF. ARCH.(Max. 6'x10' Footprint)
VAULT / DDCV ASSEMBLY
PROPOSED FIRE HYDRANT
INSTALL
"STOP" SIGN
DECORATIVE DRIVEWAY
PAVING PER CITY
STANDARDS (TYP.)
FDC
EXISTING UTILITY EASEMENTEXISTING UTILITY EASEMENT
PROPOSED UTILITY EASEMENTSPROPOSED UTILITY EASEMENTS
PROPOSED UTILITY EASEMENTPROPOSED UTILITY EASEMENT
PROPOSED UTILITY EASEMENTSPROPOSED UTILITY EASEMENTS
PROPOSED UTILITY EASEMENTPROPOSED UTILITY EASEMENT
VAULT / DDCV ASSEMBLY
FIRE SPRINKLER
RISER ROOM
PROPOSED 6' HT. DOUBLE THICK
MASONRY BRICK SCREEN WALL
TO MATCH ADJACENT
WILLOW PARK WALL.
PROPOSED 6' HT. DOUBLE THICK
MASONRY BRICK SCREEN WALL
TO MATCH ADJACENT
WILLOW PARK WALL.
PROPOSED 6' HT. DOUBLE THICK
MASONRY BRICK SCREEN WALL
TO MATCH ADJACENT
WILLOW PARK WALL.
+/- 170'24'+/- 186'24'+/- 130'
PROPOSED FIRE HYDRANT
EXISTING 12" WATER LINE
EXISTING 12" WATER LINE
25' EROSION
HAZARD SETBACK
(PER CITY OF COPPELL)
25' EROSION
HAZARD SETBACK(PER CITY OF COPPELL)
LEGEND
GRAPHIC SCALE
FEET06030
** NOTICE TO CONTRACTORS - TOPOGRAPHIC SURVEY **
TOPOGRAPHIC INFORMATION TAKEN FROM A TOPOGRAPHIC SURVEY PERFORMED
BY JPH LAND SURVEYING INC. THE CONTRACTOR SHALL NOTIFY THE ENGINEER
IMMEDIATELY, IN WRITING, OF ANY DISCREPANCIES OR OMISSIONS TO THE
TOPOGRAPHIC INFORMATION. THE CONTRACTOR(S) SHALL BE RESPONSIBLE FOR
CONFIRMING THE LOCATION (HORIZONTAL/VERTICAL) OF ANY BURIED CABLES,
CONDUITS, PIPES, AND STRUCTURES (STORM SEWER, SANITARY SEWER, WATER,
GAS, TELEVISION, TELEPHONE, ETC.) WHICH IMPACT THE CONSTRUCTION SITE. THE
CONTRACTOR(S) SHALL NOTIFY THE OWNER AND ENGINEER IF ANY DISCREPANCIES
ARE FOUND BETWEEN THE ACTUAL CONDITIONS VERSUS THE DATA CONTAINED IN
THE CONSTRUCTION PLANS. ANY COSTS INCURRED AS THE RESULT OF NOT
CONFIRMING THE ACTUAL LOCATION (HORIZONTAL/VERTICAL) OF SAID CABLES,
CONDUITS, PIPES, AND STRUCTURES SHALL BE BORNE BY THE CONTRACTOR.
ADDITIONALLY, THE CONTRACTOR(S) SHALL NOTIFY THE OWNER AND ENGINEER IF
ANY ERRORS OR DISCREPANCIES ARE FOUND ON THE CONSTRUCTION DOCUMENTS
(PS&E), WHICH NEGATIVELY IMPACT THE PROJECT. THE ENGINEER AND OWNER
SHALL BE INDEMNIFIED OF PROBLEMS AND/OR COST WHICH MAY RESULT FROM
CONTRACTOR'S FAILURE TO NOTIFY ENGINEER AND OWNER.
THESE PLANS ARE SUBJECT TO REVIEW &
APPROVAL BY JURISDICTIONAL ENTITIES.
THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR
ELEVATION OF ANY EXISTING UTILITIES AS SHOWN ON THESE PLANS ARE BASED
ON RECORDS OF THE VARIOUS UTILITY COMPANIES, THE GOVERNING
MUNICIPALITY, AND WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THE
INFORMATION PROVIDED IS NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE.
THE CONTRACTOR MUST CALL THE APPROPRIATE UTILITY COMPANY AT LEAST 48
HOURS BEFORE ANY EXCAVATION TO REQUEST EXACT FIELD LOCATION OF
UTILITIES. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE
ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS
SHOWN ON THESE PLANS.
**NOTICE TO CONTRACTORS - UTILITIES**
Know what's below.before you dig.Call
R
PROPOSED FACE AND
BACK OF CURB
PROPOSED FIRE LANE
PAVEMENT
PROPOSED HEAVY DUTY
PAVEMENT
PROPOSED SIDEWALK
DECORATIVE DRIVEWAY
PAVING - CITY REQUIRED
PROPOSED SIGN
CONCEPTUAL TRAFFIC
MOVEMENT PATTERN
FIRE LANE STRIPING
PROPOSED FIRE
HYDRANT
PROPOSED SANITARY
MANHOLE
PROPOSED GRATE INLET
ACCESSIBLE ROUTE
PARKING COUNT
FH
FIRELANE
1 REVISIONSDATE BY
JOB NUMBER:
DATE:
CHECKED BY:
DRAWN BY:
DESIGNED BY:This drawing was prepared by Adams Consulting Engineers, Inc. (Adams) as an instrument of service, and shall remain the propertyof Adams. The information hereon shall be used only by the client to whom the services are rendered and only for the purpose ofconstructing or installing the work as shown at the designated location and site. Any other use, including (without limitation) anyreproduction or alteration, is strictly prohibited, and the user shall hold harmless and indemnify Adams from all liabilities which mayarise from such unauthorized use.CCopyright 2019, Adams8951 Cypress Waters Blvd, Ste 150 ■ Dallas, Texas 75019 ■ (817) 328-3200C Copyright 2019, Adams
SHEET:
STACKED OFFICE & STORAGEE 721 N. COPPELL ROAD, COPPELL, TX06/11/2019
2018-107 SITE PLANC4.0
DWL
JRK FILENAME: C4.0 SITE PLAN.dwgPLOTTED BY: James KindredPLOTTED ON: Monday, June 10, 2019 PLOTTED AT: 5:08:07 PMJF PLOTTED WITH: PDF-XChange For AcroPlot Pro.pc3FULL PATH: I:\Projects\2018\2018.107 Stacked Self Storage - Coppell, TX\Drawings\03-ProductionI:\Projects\2018\2018.107 Stacked Self Storage - Coppell, TX\Drawings\03-Production\C4.0 SITE PLANSTANDARD ACCESSIBILITY REQUIREMENTS
PARKING:
ACCESSIBLE PARKING SPACES SHALL BE AS NOTED TO A MIN. 96" WIDE OR A MIN.
132" WIDE FOR VAN DESIGNATED SPACES WITH A MAXIMUM SLOPE OF 2% (IN ALL
DIRECTIONS). ALL BUILDINGS SHALL CONTAIN AT LEAST ONE VAN ACCESSIBLE
SPACE FOR NO LESS THAN ONE VAN SPACE FOR EVERY 6 ACCESSIBLE SPACES.
EACH ACCESSIBLE PARKING SPACE SHALL HAVE A VERTICALLY MOUNTED (OR
SUSPENDED) SIGN SHOWING THE SYMBOL OF ACCESSIBILITY. APPROPRIATE
VAN ACCESSIBLE SPACES MUST INCORPORATE "VAN-ACCESSIBLE" BELOW THE
SYMBOL OF ACCESSIBILITY. SIGNS SHALL BE LOCATED AS NOTED TO 80" (MIN.)
ABOVE THE ADJACENT PAVED SURFACE TO BOTTOM OF SIGN.
ALL ACCESS AISLES SERVING ACCESSIBLE PARKING SPACES SHALL BE AS NOTED
TO A 60" WIDE MINIMUM.
RAMPS:
RAMPS EXCEEDING 6" IN RISE (EXCLUDING CURB RAMPS) SHALL HAVE
APPROPRIATE EDGE PROTECTION WITH HANDRAILS ON EACH SIDE AT BETWEEN
34" AND 38", AND EXTEND 12" BEYOND THE TOP AND BOTTOM OF RAMP. HANDRAIL
SHALL NOT DIMINISH THE CLEAR AREA REQUIRED FOR TOP AND BOTTOM
LANDINGS SERVING THE RAMPS.
RAMPS SHALL HAVE A SURFACE ARRANGED SO THAT WATER WILL NOT
ACCUMULATE. COLOR OF RAMP FINISH MATERIAL (INCLUDING CONCRETE) SHALL
HAVE A LIGHT AND REFLECTIVE VALUE TO SIGNIFICANTLY CONTRAST FROM
ADJACENT SURFACES OR COLORS ONLY IF REQUIRED BY LOCAL OR STATE
JURISDICTION
LANDINGS FOR RAMPS SHALL BE AS WIDE AS THE RAMP AND 60" LONG MINIMUM
(36" MINIMUM FOR CURB RAMPS)
RAMPS SHALL NOT EXCEED A 1:12 RUNNING SLOPE OR 30" RISE
RAMPS AND LANDINGS SHALL NOT EXCEED 1:48 (2% CROSS SLOPE)
SIDEWALKS AND ACCESSIBLE ROUTES:
SIDEWALKS MUST BE AT LEAST 36" WIDE WITH 5'X5' CLEAR PASSING OPPORTUNITIESIN INCREMENTS LESS THAN 150 LF
SIDEWALK CROSS SLOPE SHALL NOT EXCEED 1:48 (2%)
LONGITUDINAL SLOPE OF ANY SIDEWALK (ACCESSIBLE ROUTE)
SHALL NOT EXCEED 1:20 (5%)
A
B
C
D
E
F
G
H
I
J
ENGINEER/CONSULTANT:
ADAMS ENGINEERING
8951 CYPRESS WATERS BLVD. SUITE 150
DALLAS, TEXAS 75019
CONTACT: DENNIS W. LANG, PE
PHONE: (817) 328-3200
EMAIL: dennis.lang@adams-engineering.com
APPLICANT:
STACKED
1208 TWIN CREEK
SOUTHLAKE, TEXAS 76092
CONTACT: MIKE COLE
PHONE: (214) 500-5422
EMAIL: mike@stackedselfstorage.com
SITE DATA SUMMARY CHART
EXISTING
ZONING
EXISTING
LAND USE
PROPOSED
ZONING
SQ. FOOTAGE
OF PROPOSED
USE - STORAGE
BUILDING
HEIGHT
REQUIRED
PARKING
PROPOSED
LOT
COVERAGE
PROVIDED
PARKING
"C"EXISTING
URBAN
RESIDENTIAL
"PD-299-C"17,000 Office: 18'
Storage: 35'
Office: 17
Storage: 9
29.0%
(24,120 SF)
BUILDING
AREA
(GROSS SF)
22,100
SQ. FOOTAGE
OF PROPOSED
USE - OFFICE
5,100 Office: 17
Storage: 9
ARCHITECT/CONSULTANT:
JACOBS & ASSOCIATES
701 CANYON DRIVE, SUITE 110
COPPELL, TEXAS 75019
CONTACT: DENNIS W. LANG, PE
PHONE: (972) 331-5699
EMAIL: kditto@jacobsonline.com
SITE LIGHTING NOTE
ALL SITE LIGHTING PROVIDED WILL MEET THE CITY OF
COPPELL DEVELOPMENT CODE ARTICLE 36 STANDARDS
FOR GLARE AND LIGHTING.
PROPOSED
LAND USE
PROPOSED
FREEWAY
SPECIAL
DISTRICT
P.D. CONDITIONS
1) Hours of Operation will be:
Mon. - Fri.: 9 a.m to 6 p.m.
Saturday: 8 a.m. - 4 p.m.
Closed Sundays (*Limited access may be available outside of normal
business hours by appointment only)
·Access to storage pods will be controlled and limited to business
hours only. 24hr access will not be permitted.
2) Prohibited materials - Any item or material that is considered illegal,
hazardous or alive will not be permitted, including hazardous,
combustible and toxic materials, chemicals, food products, animals,
plants, weapons, etc.
3) Absolutely NO outside storage will be permitted at any time.
4) The property owner (Stacked Storage) will build and maintain a
6-foot tall, double-thick masonry brick screening wall which will
match the existing Willow Park entry wall. This screening wall
shall replace the existing wood fences in coordination with the
abutting property owners. The wall shall be constructed in
accordance with the City of Coppell Standards. This wall shall be
maintained by the PD-299-C property owners (Stacked Storage
and/or future property owners) in perpetuity.
5) The building materials shall be as indicated on the building elevations
including:
·Painted Concrete Panels (Dark Tan, Dark Brown, Dark Gray, Light
Tan)
·Modular Brick - Ebony
·Limestone Block (Coronado Stone) - Cream
·Metal Trim (Dark Gray, White, Black)
6) Faux storage doors will not be be permitted on the building at any
time.
7) All site lighting provided will meet the City of Coppell
Development Code article 36 standards for glare and lighting.
Item 3
Page 1 of 5
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No.: PD-299-C, Stacked Storage
P&Z HEARING DATE: June 20, 2019
C.C. HEARING DATE: July 9, 2019
STAFF REP.: Marcie Diamond, Assistant Director of Community Development/ Planning
LOCATION: Northeast corner of SH 121 and Coppell Road
SIZE OF AREA: 2.7 acres of property
CURRENT ZONING: C (Commercial)
REQUEST: PD-299-C (Planned Development-299-Commercial) to allow 5,100 square feet of
office and 17,000 square feet of storage area, with a maximum building height of
35’, and to amend the Land Use Map of Coppell 2030, A Comprehensive Master
Plan from “Urban Residential Neighborhood” to “Freeway Special District”
APPLICANT: Prospective Purchaser: Engineer:
Michael Cole Jimmy Fechter
Stacked Storage Adams Engineering
1208 Twin Creek 8951 Cypress Waters Blvd, Suite 150
Southlake, Texas 76092 Dallas, Texas 75019
214-500-5422 817-328-3200
mncole2005@gmail.com <jimmy.fechter@adams-engineering.com
Architect:
Jacobs & Associates
701 Canyon Drive, Suite 110
Coppell, Texas 75019
972-331-5699
HISTORY: This parcel is the former site of a mobile home park which was vacated when
Verizon constructed a mid-rise office building just south of this request in the late
90’s. In April of 2004, a request for a Special Use Permit to allow a miniature golf
course, batting cages, and ancillary uses (indoor amusement and food service) on
5.87 acres of property was approved by Planning Commission. In May, the case
was approved by City Council, but the project was never constructed.
Item 3
Page 2 of 5
In 2008, PD-244-TH-2 was approved which allowed 24 detached townhouse units,
known as Willow Park, and to amend the Land Use Plan of the 1996 Comprehensive
Plan from “Freeway Commercial and Light Industrial/Showroom” to “Residential –
Medium Density.”
TRANSPORTATION: SH 121 is a freeway, built to standard.
Coppell Road is an improved, two-lane, concrete roadway classified as a C2U
contained within a 50 to 60-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North-Vacant, flood plain; “C”, (Commercial)
South- Five-story office building; PD-171R2-HC (Planned Development for
Highway Commercial uses (office))
East- Willow Park Townhomes “PD-244-TH-2” (Planned Development for 24
Townhomes
West- State Highway 121; PD-136R2- LI (Planned Development for Light
Industrial Uses.
COMPREHENSIVE PLAN: The 2030 Comprehensive Plan of shows the property as suitable for “Urban
Residential Neighborhood”. Proposed to be amended to Freeway Special
District.
DISCUSSION: This is a two-part request, part one is an amendment to the 2030 Comprehensive
Plan to amend the Future Land Use Map from “Urban Residential Neighborhood”
back to “Freeway Special District’ and the second part is to rezone this property
from Commercial to a PD for Office and Stacked Storage uses.
Land Use Amendment
As mentioned above, approximately 10 years ago this property was rezoned and
the Land Use Map was amended from commercial and industrial to residential
medium density to allow the single family use on the property to the east of the
subject property. Since that time, Willow Park was developed with 24 homes on
lots generally ranging from 3,500 to 4,500 square feet.
The subject property is an irregularly shaped tract which fronts on SH 121 and
Coppell Road, and abuts Willow Park subdivision to the east. This property is not
suitable for residential development and a low intensity, non-residential use could
provide a visual and sound buffer between the existing residential and the heavily
traveled freeway. Therefore, the amendment to the Land Use designation that
support commercial uses (Freeway Special District) is appropriate.
Planned Development (PD)
Specifically, the zoning request is a PD for office and stacked storage uses. The
office areas are intended to be small incubator type offices along Coppell Road
frontage. The remaining 17,000 square feet will be for a “stacked storage”
concept. The following is a description of the use as provided by the prospective
purchaser/developer/owner.
Item 3
Page 3 of 5
“Stacked” is a privately owned and operated commercial real
estate company specializing in office and storage space. We
operate two main lines of business: workspace and storage.
Our workspace offerings include shared coworking space,
individual desks and private office rentals. Our storage
business is what sets us apart. Operating out of the same
facility, we offer containerized storage units for rent. Similar to
PODS, our units are portable which enables us to move them
with a forklift and stack them in our warehouse. Our storage
containers are accessible on-site in a designated loading zone,
providing customers with best in class convenience and
security. Not only can we accommodate the storage needs of
our office tenants, we also provide flexible storage options for
local businesses and residents.
This business will generally operate during normal business hours and will be low
traffic generator. It is anticipated to have less than 50 visits per day, including the
office function.
Site Plan/Landscape Plan Tree Mitigation
The site plan indicates a 22,100 square foot building, with 17 parking spaces to
accommodate the offices along the front and an additional 9 spaces to serve the
stacked storage area. There will be a fire lane along the frontage of SH 121 which
will terminate in a cul-de-sac along the northside of the building which includes
the loading zone with a paved area to accommodate fire truck maneuvering.
The property exceeds the minimums of the landscape ordinance by providing the
landscape buffers along the property lines, the parking lot landscaping and non-
vehicular landscaping most of which is the flood plain area to the north. A full
48% of the site will be devoted to landscaping. Approximately 20 existing trees
are to be preserved along the street frontages in addition to all the trees in the
flood plain area. The proposed 22 overstory trees have been upsized to 4-inch
caliper to defray some of the mitigation fees.
The property is heavily treed, with over 2,000 caliper inches of protected trees on
this less than three-acre site. To allow for development on this property,
approximately one half of the trees will need to be removed. Given the size and
age of the trees to be removed, the tree mitigation fees may amount to
approximately $100,000, even applying the allowed 58% preservation credit and
upsizing of all overstory trees to be planted with this development. It must be
noted that that if this property was zoned Light Industrial, similar to the properties
on the other side of SH 121, then the 490 caliper inches of trees within the
footprint of the building would be netted from the total fee due, and the mitigation
fee would be reduced to approximately $30,000. While staff cannot recommend
the reduction in the mitigation fees, City Council may provide this relief as part of
the consideration of the PD if deemed appropriate.
Item 3
Page 4 of 5
Building Elevations
The applicant for this project submitted a variety of building elevations over the
past year, none of which would be acceptable at this location. However, those
currently being requested are the are appropriate in that they compatible with
materials, heights and form of other non-residential developments along SH 121,
including 750 Canyon and the recent Wisenbaker development to the south of this
property.
Along the frontage of Coppell Road the one-story office portion will be a
combination of limestone and brick with large windows. The materials proposed
for the storage area are a mixture three earth tone concrete panels, with glass
accents at the corners. The east, west and south facades, which are visible from
adjacent rights-of way and the residential properties, will not contain any typical
“mini-storage” type doors, as all of the access to the storage area will be limited to
the three at grade, overhead doors on the north side of the building. These doors,
nor the site will not accommodate 18-wheeled trucks.
The signage will be limited to two building signs and a monument sign at the
corner of SH 121 and Canyon Road, to be compliant with the Sign Ordinance.
Neighborhood Discussions
Prior to submitting a formal application to the city, the developer met with
representatives from the neighborhood numerous times, to discuss the project and
discuss their concerns. During these discussions the homeowners provided a list
of requests, many of which could not be fulfilled due to practical and technical
issues, such as connection to the existing trail system, the provision of a
community play area in the flood plain, among others. However, the proposed
developer has agreed to replace the abutting homeowner’s existing 6’ wood
fences along the common property line with a 6’ masonry fence which matches
the material of the existing screening walls in Willow Park. Also, per request of
the neighbors, the building elevations were modified to eliminate the glass along
the façade facing the residential, to insure there will no be any glare issues onto
the neighborhood.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the amendment to the Land Use Map of Coppell
2030, A Comprehensive Master Plan from “Urban Residential Neighborhood” to
“Freeway Special District” and APPROVAL of PD-299-C, Stacked Storage subject to
the following conditions:
1. The property shall be platted prior to the issuance of a building permit.
2. A tree removal permit shall be required prior to the removal of any trees on the site.
3. There will be additional comments at the time of detail engineering review and
building permit.
4. The following PD Conditions shall be made part of the Ordinance:
Item 3
Page 5 of 5
A. Hours of Operation will be:
Mon. - Fri.: 9 a.m. - 6 p.m.
Saturday: 8 a.m. - 4 p.m.
Closed Sundays (*Limited access may be available outside of normal
business hours by appointment only)
Access to storage pods will be controlled and limited to business hours
only, 24hr Access will not be permitted.
B. Prohibited materials - Any item or material that is considered illegal, hazardous or
alive will not be permitted, including Hazardous, combustible and toxic materials,
chemicals, food products, animals, plants, weapons, etc.
C. Absolutely NO outside storage will be permitted at any time
D. The property owner (Stacked Storage) will build and maintain a 6-foot tall,
double-thick masonry brick screening wall which will match the existing Willow
Park entry wall.
a. This screening wall shall replace the existing wood fences, in coordination
with the abutting property owners.
b. The wall shall be constructed in accordance with the City of Coppell
Standards.
c. This wall shall be maintained by the PD-299-C property owners (Stacked
Storage and/or future property owners) in perpetuity.
E. The building materials shall be as indicated on the building elevations, including:
Painted Concrete Panels (Dark Tan, Dark Brown, Dark Gray, Light Tan), modular
Brick – Ebony, Limestone Block (Coronado Stone) – Cream, and Metal Trim
(Dark Gray, White, Black)
F. All site lighting provided will meet the City of Coppell Development Code article
36 standards for glare and lighting.
G. All attached signs and the monument sign shall be in accordance with the Sign
Regulations.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
4. Take under advisement for reconsideration at a later date
ATTACHMENTS:
1. Land Use Amendment Exhibit
2. Site Plan
3. Landscape Plan
4. Tree Survey and Mitigation Plan
5. Building Elevations
6. Renderings, Screening Wall Elevations, and Monument Sign.
OUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOU2001
2003DNF
COLUMN
TELETELE
RIM=482.9'
RIM=477.4'
RIM=470.7'
UP
UP
UP
UP
UP
GAS
UP/UG
EMUC
GASGP
GP
GP GP
OU OU OU OU
WALL
RIM=478.8'
FL 18" STORM=464.8'
FENCE
RIM=468.2'
13" ELM (M)40444
8" ELM (M)40445
T24PECAN40446
T24PECAN40447
9" ELM40448
10" ELM
40449
12" ELM40450 8" ELM
40451
10" ELM
40452
T7PECAN40453
6" ELM40454
7" ELM40455
8" ELM40456
6" ELM40457T8BOISDARC
40458
17" ELM40459
6" ELM40460
9" ELM40461
10" ELM40462
11" ELM
40463
6" ELM40464
6"
H
A
C
K
B
E
R
R
Y
4
0
4
6
5
7" ELM (M)40466
7" ELM40467
9" ELM (M)40468
7" ELM40469
10" HACKBERRY40470
10" ELM40471
T24PECAN M40472
T15PECAN40473
T22PECAN40477
T14PECAN40478
T6MULBERRY40479 T6MULBERRY40480
T6MULBERRY40481
6" ELM40484
6" ELM40485
8" ELM40486T6MULBERRY40487 T12MULBERRY40488
T24PECAN40489
T12PECAN
40490
6" ELM40492 6" ELM40493
7" ELM40494
6" ELM40495
T11BOISDARC40496
8" ELM40497
T13
H
I
C
K
O
R
Y
(
M
)
4049
8
7" ELM40499
BOISDARC
"
10
40500
8" ELM40501
10" ELM40502
6" BOISDARC40503
7" ELM
40504
6" ELM4050510" ELM40506
7" ELM40507
21" PECAN40508
18" PECAN40509
24" ELM M40510
6" ELM40511
TE12
4051
2
10" ELM
40513
10" ELM40514
16" ELM (M)40515
10" ELM (M)
40516
19" OAK
40196
18" OAK
40179
19" OAK
40180
19" OAK
40181
16" OAK
4017612" OAK
40177
23" OAK
4017810" OAK
4018212" OAK
40183
19" OAK
40184
23" OAK
40185
15" OAK
4018620" OAK
40187 12" OAK
40188
15" OAK
40189
17" OAK
40190
20" OAK
40191
13" OAK
40193 14" OAK
4019414" OAK
40195
19" OAK
40196
17" OAK
40197
16" OAK
40198
19" OAK
40199
12" OAK
40200
12" OAK
40201
23" OAK
40202
25" OAK
40203
22" OAK
40204
11" OAK
40205
16" OAK
40206
15" OAK
40207
11" OAK
40209
12" OAK
40210
9" OAK
40211
20" OAK
40212
31" ELM
40213
12" OAK
40214
15" OAK
40215
24" OAK
4021612" OAK
40217
13" OAK
40218
13" OAK
40219
13" OAK
40220
16" OAK
40221
15" OAK
40222
14" OAK
40223
12" OAK
40224
21" OAK
40225
19" OAK
40226
19" OAK
40227
32" OAK
40228
23" OAK
40229 15" OAK
40230
15" OAK
40231
13" OAK
40232
20" OAK
40233
15" OAK
40234
13" OAK
40235
15" OAK
40236
10" OAK
40237
16" OAK
40238
8" OAK
40239
9" OAK
40240 20" OAK
40241
10" OAK
40242
11" OAK
40243
16" OAK
40244
26" OAK
40245 27" OAK
40246
20" OAK
40247
14" OAK
40248
11" OAK
40249 14" OAK
40353
12" OAK
40354
12" OAK
40355
21" CHITHAM
40364
34" HACK
40373
18" PECAN
40374
29" PECAN
40375
30" ELM
40474
10" ELM
40475
6" ELM
40476
6" HACKBERRY
40482
6" HACKBERRY
40483
STORAGE
+/- 17,000 SFPROPOSED FF: 483.00
OFFICES (+/- 5,100 SF)PATIO
FIRELANEFIRELA
N
E
FIRELANE FIRELANE FIRELANE
FIRELANE
FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFI
R
E
L
A
N
E
(1) 17" OAKTO REMAIN (TYP.)
100 YEAR FLOOD PLAIN
(1) 23" OAK TO REMAIN (TYP.)
(1) 13" OAK(2) 14" OAKS TO REMAIN (TYP.)
(1) 10" OAK(1) 12" OAK
(1) 19" OAK TO REMAIN (TYP.)
(2) 19" OAKS TO REMAIN (TYP.)
(1) 23" OAK TO REMAIN (TYP.)
(1) 18" OAK TO REMAIN (TYP.)
(1) 12" OAK(1) 16" OAK TO REMAIN (TYP.)
(1) 27" OAK TO REMAIN (TYP.)
(1) 16" OAK(1) 26" OAK TO REMAIN (TYP.)
(1) 11" OAK TO REMAIN (TYP.)
(1) 11" OAK
(1) 12" OAK(1) 14" OAK
(1) 20" OAK TO REMAIN (TYP.)
(1) 11" OAK
(1) 12" OAK(1) 14" OAK
(1) 20" OAK TO REMAIN (TYP.)
(2) 12" OAK(1) 19" OAK
(1) 23" OAKTO REMAIN (TYP.)
(2) 12" OAK(1) 19" OAK
(1) 23" OAKTO REMAIN (TYP.)
(1) 22" OAK TO REMAIN (TYP.)
(1) 25" OAK TO
REMAIN (TYP.)
(1) 12" OAK(1) 16" OAK TO REMAIN (TYP.)
TREES TO BE REMOVED (TYP.)
TREES TO BEREMOVED (TYP.)TREES TO BEREMOVED (TYP.)TREES TO BEREMOVED (TYP.)
TREES TO BE REMOVED (TYP.)TREES TO BE REMOVED (TYP.)TREES TO BE REMOVED (TYP.)
TREES TO BE REMOVED (TYP.)TREES TO BE REMOVED (TYP.)TREES TO BE REMOVED (TYP.)
TREES TO BE REMOVED (TYP.)TREES TO BE REMOVED (TYP.)
TREES TO BE
REMOVED (TYP.)
TREES TO BE
REMOVED (TYP.)REVISIONSDATE BY
JOB NUMBER:
DATE:
CHECKED BY:
DRAWN BY:
DESIGNED BY:This drawing was prepared by Adams Consulting Engineers, Inc. (Adams) as an instrument of service, and shall remain the propertyof Adams. The information hereon shall be used only by the client to whom the services are rendered and only for the purpose ofconstructing or installing the work as shown at the designated location and site. Any other use, including (without limitation) anyreproduction or alteration, is strictly prohibited, and the user shall hold harmless and indemnify Adams from all liabilities which mayarise from such unauthorized use.CCopyright 2019, Adams8951 Cypress Waters Blvd, Ste 150 ■ Dallas, Texas 75019 ■ (817) 328-3200C Copyright 2019, Adams
SHEET:
STACKED OFFICE & STORAGEE 721 N. COPPELL ROAD, COPPELL, TX06/11/2019
TBPE Registration #: F-1002
2018-107
THIS DOCUMENT IS RELEASED FORTHE PURPOSE OF INTERIM REVIEW,AGENCY APPROVAL, AND COMMENT
UNDER THE AUTHORITY OF
JAMES R. KINDRED, ASLA
LANDSCAPE ARCHITECT No. 2255, ON 06/10/19
THIS DOCUMENT IS NOT
TO BE USED FORCONSTRUCTION PURPOSESTREE MITIGATION PLANL0.0
JRK
JRK FILENAME: L0.0 TREE MITIGATION PLAN.dwgPLOTTED BY: James KindredPLOTTED ON: Monday, June 10, 2019 PLOTTED AT: 5:13:26 PMJF PLOTTED WITH: PDF-XChange For AcroPlot Pro.pc3FULL PATH: I:\Projects\2018\2018.107 Stacked Self Storage - Coppell, TX\Drawings\03-ProductionI:\Projects\2018\2018.107 Stacked Self Storage - Coppell, TX\Drawings\03-Production\L0.0 TREE MITIGATION PLANGRAPHIC SCALE
FEET06030
1" = 30'
PROTECTED EXISTING TREES TO REMAIN (996 CAL. INCHES):
QUANT. TREE TYPE QUANT. TREE TYPE
(1) 10" OAK (1) 17" OAK
(2) 11" OAKS (1) 18" OAK
(5) 12" OAKS (4) 19" OAKS
(1) 13" OAKS (1) 20" OAK
(3) 14" OAKS (1) 22" OAK
(2) 16" OAKS (3) 23" OAK
(12) 6" ELMS (8) 7" ELMS
(6) 8" ELMS (3) 9" ELMS
(10) 10" ELMS (1) 11" ELM
(2) 12" ELMS (1) 13" ELM
(1) 16" ELM (1) 17" ELM
(1) 7" PECAN (1) 12" PECAN
(1) 14" PECAN (1) 15" PECAN
(2) 18" PECANS (1) 21" PECAN
(1) 22" PECAN (4) 6" MULBERRY
(1) 12" MULBERRY (1) 13" HICKORY
(1) 10" HACKBERRY (1) 10" BOIS D'ARC
(1) 11 BOIS D'ARC
PROTECTED EXISTING SPECIMEN TREES TO REMAIN (198 CAL. INCHES):
QUANT. TREE TYPE
(1) 24" ELM
(4) 24" PECANS
(2) 25" OAK
(1) 26" OAK
(1) 27" OAK
NON-PROTECTED EXISTING TREES TO REMAIN (20 CAL. INCHES):
QUANT. TREE TYPE QUANT. TREE TYPE
(1) 6" HACKBERRY (1) 6" BOIS D'ARC
(1) 8" BOIS D'ARC
PROTECTED EXISTING TREES REMOVED (1 : 1 RATIO - 543 CAL. INCHES):
QUANT. TREE TYPE QUANT. TREE TYPE
(1) 29" PECAN (3) 16" OAKS
(1) 18" PECAN (1) 17" OAK
(1) 21" CHITHAM (3) 19" OAKS
(1) 9" OAK (3) 20" OAKS
(2) 11" OAKS (1) 21" OAK
(5) 12" OAKS (1) 23" OAK
(3) 13" OAKS (1) 6" ELM
(2) 14" OAKS (1) 10" ELM
(7) 15" OAKS
PROTECTED EXISTING SPECIMENT TREES REMOVED
(10 : 1 RATIO - 1,800 CAL. INCHES):
QUANT. TREE TYPE
(1) 24" OAK
(1) 29" PECAN
(1) 30" OAK
(1) 31" OAK
(1) 32" OAK
(1) 34" HACKBERRY
TOTAL TREE MITIGATION INCHES (BEING REMOVED)
Protected Trees: 543 Inches
Protected Specimen Trees: 1,800 Inches
TOTAL REQUIRED MITIGATION INCHES: 2,343 Inches
TOTAL TREE INCHES TO REMAIN:
Non-Protected Trees: 20 Inches
Protected Trees: 996 Inches
Protected Specimen Trees: 198 Inches (10:1 RATIO - 1,980)
TOTAL TREE INCHES REMAINING: 1,214 Inches (2,996)
TREE MITIGATION CALCULATIONS
LANDSCAPE ARCHITECT / CONSULTANT:
ADAMS ENGINEERING
8951 CYPRESS WATERS BLVD. SUITE 150
DALLAS, TEXAS 75019
CONTACT: JAMES R. KINDRED, R.L.A., ASLA
PHONE: (817) 328-3200
EMAIL: james.kindred@adams-engineering.com
APPLICANT:
STACKED
1208 TWIN CREEK
SOUTHLAKE, TEXAS 76092
CONTACT: MIKE COLE
PHONE: (214) 500-5422
EMAIL: mike@stackedselfstorage.com
CITY OF COPPELL TREE PROTECTION REQUIREMENTS:
Sec. 12-34-2-9. - Guidelines for tree protection.
A major purpose of article 34, division 2 is to protect all existing quality site trees which are not required to be removed for approved development and construction
to occur. The following are minimum requirements for the protection of all protected trees within 50 feet of all development and construction activities related, but
not limited, to streets, parking lots, building sites, driveways, and sidewalks.
(A) Prior to construction or land development, the developer or builder must clearly mark all protected trees within 50 feet of all public rights-of-way, public
easements, or construction areas. The protected trees will be flagged with bright, fluorescent survey ribbon wrapped around the main trunk at a height of four feet
from natural grade such that the tape is very visible to construction workers and equipment operators.
(B) Prior to construction or land development, the developer or builder shall establish designated parking areas for the parking and maintenance of all vehicles,
trailers, construction equipment, and related items, as well as stockpile areas for the storage of construction supplies and materials. After approval by the city
manager or designee, the location and dimensions of said designated areas shall be clearly identified on construction and site plans and at the construction site.
(C) In those situations where the drip line of a protected tree is not directly affected by construction but construction related activities may infringe on said
drip-line, protective fencing shall be installed at minimum around the drip-line designating a tree protection zone. The fencing must be a minimum of four feet in
height with silt fencing attached to the base of the fence. Bright, fluorescent survey ribbon must be attached to the protective fencing at ten-foot intervals.
(D) Bilingual (English and Spanish) signage will be conspicuously located on all protective fencing designating a tree protection zone.
(E) Every effort will be made to retain understory vegetation and leaf litter during all phases of development and construction. If understory vegetation and/or leaf
litter is removed, the critical root zone within the tree protection zone will be mulched with three to six inches of organic material to aid in keeping soil temperatures
down and in the retention of soil moisture.
(F) Underground utilities may be bored if the line of the utility passes within a tree protection or critical root zone.
(G) Grade changes in excess of four inches cut or fill within a tree protection or critical root zone will require a retaining wall or tree well, made of rock or brick, to
be constructed around the protected tree no closer than 75 percent of the distance between the trunk and the drip line. The top of the retaining wall should be
constructed at the new grade. Additional measures to maintain proper oxygen and water exchange with the protected tree roots may also be required.
(H) All protected trees shall be provided with a permeable surface under a minimum of 75 percent of the existing drip line of the tree(s).
Sec. 12-34-2-10. - Prohibited activities.
The following activities shall be prohibited on any development or construction site within a tree protection zone or the drip line of any protected tree:
(A) No construction vehicle or equipment traffic or parking shall take place.
(B) No materials intended for use in development or construction, or waste materials accumulated due to excavation or demolition, shall be placed or stored.
(C) No equipment shall be cleaned or liquids deposited or allowed to flow overland. This includes, but is not limited to, paint, oil, solvents, asphalt, concrete,
mortar, and similar materials.
(D) Grade changes in excess of four inches shall not be made unless properly protected by a retaining wall or tree well as described in section 12-34-2-9.
(E) No water, which accumulates due to construction-related activities, shall be permitted to remain around any protected tree.
(F) No signs, wires, or other attachments, other than those of a protective nature, shall be attached to any protected tree.
(G) Except for these aforesaid exemptions in section 12-34-2-6, under no circumstances shall there be a clear cutting of trees on a property for any purpose at
any time.
(H) No person, directly or indirectly, shall cut down, destroy, effectively destroy through damaging, remove, or move any tree, protected tree, specimen tree, or
historic tree without a tree removal permit at any time unless exempted by section 12-34-2-6.
(I) No person, directly or indirectly, shall act in concert with an owner, occupant, lessor, lessee or any person claiming an interest in property to enter into any
agreement, contract, negotiation, letter of intent or any other type of arrangement to circumvent the prohibitions contained herein or to otherwise qualify for
an exemption from the provisions of this ordinance.
TREE PROTECTION NOTES
Sec. 12-34-2-12. - Protected tree replacement.
Removal of any protected tree(s) will require a tree removal permit and replacing or replanting of tree(s) on site or on public land, as designated by the city manager
or his designee. Required tree replacement will be determined as follows:
(A) In as much as it is reasonable and feasible, replanting on the development or construction site will be made to restore the original natural landscape
character of the site.
1. Protected trees will be replanted at a replacement ratio of one inch DBH of replacement tree for each one inch DBH of removed tree.
2. Specimen trees will be replanted at a replacement ratio of ten inches DBH of replacement tree for each one inch DBH of removed tree.
3. Historic trees must be preserved and cannot be removed unless "hardship" is applied for and approved by the city council. a. If a hardship is approved,
trees shall be replanted at a replacement ratio of ten inches DBH of replacement tree for each one inch DBH of removed tree.
4. Replacement trees must be a minimum of three inches DBH, seven feet in height, and be of the same, or more desirable, protected species.
(B) To the extent that tree replacement is not feasible, the city manager or his designee shall determine the amount of indemnification to be paid by the developer.
Upon determination of indemnification, said payment shall be made to the City of Coppell Reforestation and natural area funds based on amounts indicated which is
as follows:
1. For protected trees, reparation will be made in the amount of $100.00 per one inch DBH for trees less than 12 inches DBH and $200.00 per one
inch DBH for trees 12 inches DBH and greater.
2. For specimen trees, reparation will be made for the appraised value of the removed tree as determined by CLTA (council of landscaping tree
appraisers) guidelines.
3. Historic trees must be preserved and cannot be removed unless "hardship" is applied for and approved by the city council.
a. If a hardship is approved, reparation will be made for the appraised value of the removed tree as determined by CLTA (council of landscaping tree
appraisers) guidelines.
(C) If any protected and/or replacement tree dies within two years of initial planting or issuance of certificate of occupancy and is brought to the attention of the city
manager or his designee, the original permit applicant shall be subject to the same replacement as a protected tree in section 12-34-2-12.
(D) Money paid in lieu of tree replacement made in compliance with article 34, division 2 shall be considered contributions to the City of Coppell Reforestation and
Natural Areas Fund. This fund shall be used for purposes of, but not limited to:
1. Planting of trees in city parks, on public lands, and along public rights-of-way.
2. Purchasing of wooded, natural areas, particularly floodplain acreage, to preserve these highly-sensitive environmental areas for public protection and
passive recreational enjoyment.
3. Educational projects, such as construction of outdoor learning centers or classroom/group tours led by foresters or park staff.
(E) Except for one six-month extension approved by the city manager or his designee due only to seasonal limitations that would make planting of trees impractical
and require an escrow deposit in an amount equal to 110 percent of the estimated cost of tree planting, no certificate of occupancy will be issued for any building or
structure on the development or construction site until all required tree replacement and/or monetary reparation has been made in full.
TREE PRESERVATION REQUIREMENTS
In situations where a protected tree remains in the immediate area of intended construction, and the tree may
be in danger of being damaged by construction equipment or other activity, the Contractor or Subcontractor
shall protect the tree with 2" x 4" lumber encircled with wire or other means that do not damage the tree. The
intent is to protect the trunk of the tree against incidental contact by large construction equipment.
PROTECTED TREE
2" X 4" LUMBER
WIRE
FINISH GRADE
BARK PROTECTION N.T.S.
PROTECTED TREE
DRIP LINE
CRITICAL ROOT ZONE
20' TO OUTERMOST
DRIP LINE
CANOPY
CRITICAL ROOT ZONE AREA N.T.S.
DRIP LINE
CRITICAL ROOT ZONE
20' TO OUTERMOST
DRIP LINE
HIGH
VISABILITY
PLASTIC
MESH
FENCE
PROTECTIVE FENCING:
Orange vinyl construction fencing, chain link fencing, snow fencing, or other similar fencing at least four
feet (4') high and supported at a maximum of ten (10') foot intervals by approved methods sufficient
enough to keep the fence upright and in place. The fencing shall be of a highly visible material.
PRIOR TO CONSTRUCTION:
The Contractor or Subcontractor shall construct and maintain, for each protected tree or group of trees
on a construction site, a protective fencing which encircles the outer limits of the critical root zone of the
trees to protect it from construction activity. All protective fencing shall be in place prior to
commencement of any site work, and remain in place until all exterior work has been completed.
PROTECTED
TREE PROTECTED TREES
TREE PROTECTION FENCING N.T.S.
DRIP LINE DRIP LINE
PROVIDED BY: NATIONAL ARBOR DAY FOUNDATION ILLUSTRATIONS
A. Make a partial cut from beneath at a point several inches away from the trunk.
B. Make a second cut several inches out and above the first cut to allow the limb to fall
safely.
C. Complete the job with a final cut just outside the branch collar, the raised area that
surrounds the branch where it joins the trunk.
TREE TOPPING:
It shall be unlawful for any person to top any tree without having a tree permit approved
by the Landscape Administrator. If the Landscape Administrator determines that topping
the tree is necessary because the tree has been severely damaged by storms or other
causes, or is in a circumstance which makes other pruning practices impractical, the
Landscape Administrator may issue a tree permit allowing topping of the tree.
A
B
C
PRUNING N.T.S.
BORING:
Boring of utilities under protected trees shall be required in those circumstances where it is not possible
to trench around the critical root zone of the protected tree. When required, the length of the bore shall
be the width of the critical root zone at a minimum and shall be a minimum depth of 48 inches.
TRENCH -
40% ROOT KILL
TUNNELING
SAVES ROOTS
PROTECTED TREE
BORING AND TUNNELING N.T.S.
DRIP LINE
SITE TREE INVENTORY
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4571
File ID: Type: Status: 2018-4571 Agenda Item Agenda Ready
2Version: Reference: In Control: City Council
06/09/2019File Created:
Final Action: Biscuit Bar PD-209R2R-CFile Name:
Title: PUBLIC HEARING:
Consider approval of PD-209R2R-C, Town Oaks Centre (Biscuit Bar), zoning
change request from PD-209R2-C (Planned Development-209-Revision
2-Commercial) to PD-209R2R-C (Planned Development-209-Revision 2
Revised-Commercial) to allow the re-occupancy of an existing vacant
restaurant building requiring variances to the Zoning Ordinance including: the
expansion of an outdoor patio area encroaching into the required setback
area, five parking space deficit and sign variances on 0.57 acres of property
located at the southeast corner of Sandy Lake Road and Denton Tap Road,
at the request of Alen Hinckley, being represented by Janie Burkett, The
Biscuit Bar.
Notes:
Agenda Date: 07/09/2019
Agenda Number: 11.
Sponsors: Enactment Date:
Cover Memo.pdf, Staff Report.pdf, Site Plan.pdf,
Exterior Elevations.pdf, Sign Package.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 06/20/2019Planning & Zoning
Commission
2 07/09/2019City Council
Text of Legislative File 2018-4571
Title
PUBLIC HEARING:
Page 1City of Coppell, Texas Printed on 7/5/2019
Master Continued (2018-4571)
Consider approval of PD-209R2R-C, Town Oaks Centre (Biscuit Bar), zoning change request
from PD-209R2-C (Planned Development-209-Revision 2-Commercial) to PD-209R2R-C
(Planned Development-209-Revision 2 Revised-Commercial) to allow the re-occupancy of an
existing vacant restaurant building requiring variances to the Zoning Ordinance including: the
expansion of an outdoor patio area encroaching into the required setback area, five parking
space deficit and sign variances on 0.57 acres of property located at the southeast corner of
Sandy Lake Road and Denton Tap Road, at the request of Alen Hinckley, being represented by
Janie Burkett, The Biscuit Bar.
Summary
Staff Recommendation:
[Enter Staff Recommendation Here]
Goal Icon:
Business Prosperity
Page 2City of Coppell, Texas Printed on 7/5/2019
1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: July 9, 2019
Reference: Consider approval of PD-209R2R-C to allow the re-occupancy of an existing vacant
restaurant building requiring variances to the Zoning Ordinance including: the expansion
of an outdoor patio area encroaching into the required setback area, five parking space
deficit and sign variances on 0.57 acres of property located at the southeast corner of
Sandy Lake Road and Denton Tap Road
2030: Business Prosperity
Executive Summary:
This request is to modify the reoccupy the former Mooyah lease space with a Biscuit Bar with seating
for 116 diners. To accommodate this expansion variances are required to setbacks and parking and the
applicant is requesting additional signage.
Introduction:
This PD request specifically includes; the enlargement of the existing patio area and adding a covering
to this patio along Sandy Lake Road; the addition of an enclosed outdoor cooler and enclosing the existing
dumpster area. This request also includes a setback variance for the patio a 5-parking space and a
variance to the sign ordinance.
The Sign Ordinance permits a maximum of 61.25 square footage of signage, based on frontage of this
lease space. The applicant had requested four signs, totaling 123.33 square feet, two pan signs and two
individually mounted yellow letters that read “biscuits.tots.taps” Staff recommended the elimination of
the “biscuits.tots.taps” signs and the reduction in size of one of the pan signs, for a total of 69.2 square
feet. During the discussion at the Planning and Zoning Commission meeting, a compromise was offered
to allow the applicant a total of 80 square feet of signs, which could be designed to meet their need for
branding recognition. In addition, a 10 square foot blade sign could be incorporated into the sign package.
Subsequent to the meeting, the applicant submitted a sign package totaling 83 square feet. This is only
slightly larger, and staff can support the request.
Analysis:
On June 20, 2019 the Planning and Zoning Commission recommended APPROVAL of PD-209R2R-C,
TownOaks Centre, Biscuit Bar allowing setback variance for the patio, parking and sign variances,
subject to a maximum of 80 square feet of signs, plus the blade sign, if desired.
2
Legal Review:
This did not require city attorney review
Fiscal Impact:
None
Recommendation:
The Planning Department recommended APPROVAL of the PD request with a reduction of the signs
from 123.33 square feet to 69.2 square feet.
Attachments:
1. Staff Report
2. Site Plan
3. Building Elevations
4. Sign Package
ITEM #4
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No.: PD-209R2R-C, TownOaks Centre – Biscuit Bar
P&Z HEARING DATE: June 20, 2019
C.C. HEARING DATE: July 9, 2019
STAFF REP.: Marcie Diamond, Assistant Director of Community Development/ Planning
LOCATION: The southeast corner of Sandy Lake Road and Denton Tap Road
SIZE OF AREA: 0.57 acres of property
CURRENT ZONING: PD-209R2-C (Planned Development-209-Revision 2-Commercial)
REQUEST: PD-209R2R-C (Planned Development-209-Revision 2 Revised -Commercial) to
allow the to allow the re-occupancy of an existing vacant restaurant building for a
Biscuit Bar, requiring variances to the Zoning Ordinance including: the
expansion of an outdoor patio area encroaching into the required setback area,
five parking space deficit and sign variances.
APPLICANT: Architect: Owner:
Allison Green Alen Hinckley
Civitarese Morgan Architecture Coppell Village, LTD.
921 Riverfront Blvd. Suite 700 12201 Merit Drive, Suite 170
Dallas, Texas 75207 Dallas, Texas 75251
214-613-0680 972-991-4600
Allision@civitaresemorgan.com alen@yorkshire-us.com
HISTORY: This property was originally platted into four lots in 1984. Lot 1 was platted for a
restaurant pad site (current request area), Lots 2 and 4 for “strip” retail and Lot 3 for
a Minyards grocery store. In March of that year, the Board of Adjustment granted a
variance to the required ten-foot front yard, decreasing the landscape setback to
seven feet. The applicant contended that they had already drawn the plans, etc, prior
to the adoption of the ordinance requiring ten feet of landscaping and that providing
the ten feet would create a hardship (current ordinances would require a minimum of
15 feet of landscaping along street rights-of-way).
ITEM #4
Page 2 of 4
In January 2005, Council approved placing this property under a Planned
Development District to allow a revised elevation and variances to the sign
ordinance including a 150-square-foot attached sign for Express Fitness, and two
63-square feet, externally-lit monument signs with variances to the setback
requirements. An additional sign variance was granted through the Planned
Development processes, allowing a 51.9-square-foot sign for Tuesday Morning,
where a 25.6-square-foot sign would normally be permitted. Since that time, the
Tuesday Morning has been replaced by a Natural Grocers.
This restaurant building also has a long zoning/occupancy history. This building
was constructed for a restaurant use (Sliders and Blues) in 1992. In 1995, the
SUP was amended to permit the patio to be enclosed. To satisfy the parking
requirement of this expanded restaurant use, the property owner entered into a
parking agreement with the abutting shopping center to allow the use of an
additional 14 parking spaces. In 2001 CJ’s Clubhouse occupied this restaurant,
and in April 2003 it was Kelly’s. From 2006 to 2007 Bin555 occupied this
building. In 2008 the PD was amended to allow for the preoccupancy of this
building for two restaurants, a Chipotle and a Mooyah. This amendment allowed
for variances to setbacks, signs, materials. The current request is to reoccupy the
former Mooyah lease space.
TRANSPORTATION: Denton Tap Road is a six-lane divided thoroughfare built to standard within a 120-
foot right-of-way.
Sandy Lake is a four-lane divided thoroughfare built within a 120-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North –Frost Bank and Tom Thumb shopping center; TC (Town Center)
South –Braewood shopping center; C (Commercial)
East–Braewood West subdivision; SF-7 (Single Family-7)
West– McDonalds, Bank, under construction; R (Retail)
COMPREHENSIVE PLAN: The 2030 Comprehensive Plan of shows the property as suitable for
Mixed Use Community Center, No Residential.
DISCUSSION: As detailed above, this building has a long history of restaurant tenants. The
current request is to reoccupy the former Mooyah lease space with a Biscuit
Bar with indoor and outdoor seating to accommodate up to 116 diners. Building
modifications requested includes: the enlargement of the existing patio area and
adding a covering to this patio along Sandy Lake Road; the addition of an
enclosed outdoor cooler and enclosing the existing dumpster area. This request
also includes a setback variance for the patio and variances to the sign ordinance
and a 5-parking space variance. The Zoning Ordinance allows the re-occupancy
of a building for a new restaurant use to be administratively approved by staff;
however, this application requires an amendment to the PD (which necessitates a
60-day public hearing process) due to the variances being requested to several
Zoning Ordinance, regulations.
ITEM #4
Page 3 of 4
The restaurant proposed for this location is described on their website as:
The Biscuit Bar is an approachable, fast casual restaurant serving up
Southern goodness on a biscuit! We are open for breakfast, lunch, dinner
and late nights offering biscuits, tots and taps. Our menu features an
assortment of savory and sweet biscuit sandwiches made from scratch, in
house, daily. Guests can also accompany their biscuit sandwich with tots
styled to personal taste and tipple on a craft cocktail, locally sourced
brew, cold brew coffee or kombucha, all offered on tap!
Setback Variance
An outdoor patio along Sandy Lake Road was approved and built with Mooyah
and contained only tables and chairs with umbrellas. This applicant is requesting
to enlarge this patio by 200 square feet, for a total of 575 square feet, moving it
approximately two feet closer to the property line and enclosing with open air
patio covering. The sides and roof are motorized and are only proposed to be
closed during inclement weather. Most of the time the sides (windows) and roof
will remain open. There will be lights and fans installed, and the heaters can be
electric or gas. Pictures of similar installations are included for reference. The
existing mature trees will not be disturbed. There is a note on the site plan that
the remainder of this site will be in compliance with the Landscape Plan as
approved when this building was redesigned for Chipotle and Mooyah. The
existing five-foot sidewalks will be retained along Denton Tap Road and Sandy
Lake Road. Finally, the existing Monument Sign will be re-faced for the Biscuit
Bar.
Sign Variances
As typical in this shopping center, this request includes variances to the Sign
Ordinance for the proposed tenant. The Sign Ordinance permits one square foot
of signage for every linear foot of frontage Sandy Lake, which is 61’3”, therefore
a total of 61.25 square footage of signage would be permitted on this restaurant.
The current application is for four attached signs, two “pan” signs (Biscuit Bar
logo) one 48 square feet and one 34.6 square feet) and two signs comprised of
yellow, individually mounted letters stating biscuits.tots.taps. for a total of
123.33 square feet, none which are in compliance with the Sign Ordinance. Staff
is cognizant of the need for this relatively new concept to provide branding
recognition, however, there must be a balance between what is being requested
and the city-wide sign standards.
Therefore, staff is recommending the two biscuits.tots.taps. be eliminated,
and the 34.6 square foot Biscuit Bar logo pan sign indicated on the east elevation,
attached to the new cooler enclosure, be relocated to the Sandy Lake Road
frontage above the expanded patio. This sign will be significantly more visible
here than facing the side parking lot. The 48 square foot Biscuit Bar sign on the
ITEM #4
Page 4 of 4
south elevation be replaced with a 34.6 square foot sign. These two Biscuit Bar
Logo signs on the south and north elevations, will have a total of 69.2 square feet,
still exceeding the sign ordinance by 13% (8 sq. ft.). These two signs, plus the
monument at the corner of this major intersection should provide the brand
recognition required. If desired to incorporate biscuits.tots.taps., then
these words can be included on a blade sign (up to 10 square feet) at the entry, or
perpendicular to the Sandy Lake Road frontage. This blade sign is allowed in
addition to the other attached signs.
As noted above, other site improvements such as enclosing the existing dumpsters
will benefit the entire shopping center. The granting of the five-parking space
variance, for a shopping center accommodating 530 cars is also supportable.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of PD-209R2R-C, TownOaks Centre, Biscuit Bar
allowing setback variance for the patio, parking and sign variances, subject to the
following revisions:
1. Revising the attached signs as follows:
a. Eliminate the two biscuits.tots.taps signs.
b. Relocate the 34.6 square foot Biscuit Bar logo pan from the east to the north
elevation, and delete the Proposed Side (East) Elevation from the Sign packet
(it as also indicates yellow building accents that are not approved) .
c. Replace the proposed 48 square foot Biscuit Bar logo pan sign with a 34.6
square foot sign.
d. Replace the amber lens with white lens, as all lighting within the sign is
required to be white.
2. There will be additional comments at the time of Building Permit review.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
4. Take under advisement for reconsideration at a later date
ATTACHMENTS:
1. Pictures of Patio Enclosures
2. Site Plan
3. Building Elevations
4. Sign Package (8 pages)
SITE DATA - TOWN OAKS CENTRE LOT 1EXISTING ZONING PD 209-R3TENANTSUITE ASUITE BCHIPOTLE MEXICAN GRILLBISCUIT BARUSERESTAURANTRESTAURANTINTERIOR S.F1,9812,439PATIO S.F550575OUTDOOR COOLER0182TOTAL S.F.2,5313,196TOTAL S.F.5,727PARKINGREQUIRED5,545 / 100 =PROVIDED34 SPACES ON SITE + CROSS PARKING AT PROJECT5555NEW PD CONDITIONS1. EXPAND PATIO FROM 375 S.F. TO A TOTAL OF 575 S.F., ENLARGING PATIO BY 200 S.F. AND REDUCING THE FRONT YARD SETBACK TO 17'-0".2. CONSTRUCT OUTDOOR COOLER ENCLOSURE TO MATCH BUILDING3. CONSTRUCT ADDITIONAL DUMPSTER ENCLOSURE FOR RECYCLE DUMPSTER4. THE HOURS OF OPERATION SHALL NOT EXCEED 7:00 AM TO 11:00 PM, SUNDAY THROUGH SATURDAY.5. PROVIDING A 5-PARKING SPACE VARIANCE FOR THE ENTIRE SHOPPING CENTER.6. THE FINAL APPROVAL OF MATERIALS, CONSTRUCTION, AND OPERATION OF THE PATIO ENCLOSURE SHALL BE MADE AT THE TIME OF BUILDING PERMIT.7. NO TREES WILL BE REMOVED, AND ALL EXISTING LANDSCAPING SHALL REMAIN AND BE IN ACCORDANCE WITH THE LAST APPROVED LANDSCAPE PLAN AS ESTABLISHED IN PD-209-R2 (ORD. NO. 91500-A-506)8. SIGNAGE SHALL BE APPROVED AS SHOWNDRAWING NUMBER:DRAWING TITLE:REVISIONS:DATE:NO.ARCHITECTURAL PROJECT NO.:SEAL104 S. DENTON TAP RD. COPPELL, TX 75019TENANT REVIEW ISSUE DATE:HEALTH DEPT. REVIEW ISSUE DATE:LANDLORD REVIEW ISSUE DATE:BID ISSUE DATE:CONSTRUCTION ISSUE DATE:083-0205-20-201905-20-2019xxx. xx, 2019xxx. xx, 2019xxx. xx, 2019ISSUED FOR APPROVAL 06-06-2019 ISSUED FOR APPROVAL 06-06-2019ARCHITECT/ ENGINEERSEAL06-06-2019TEL: 214-613-0680921 N. RIVERFRONT BLVD. SUITE 700DALLAS, TEXAS 75207FAX: 469.730.3341PD-209R3PATIO EXPANSIONNOTE:1.ALL EXISTING TREES AND LANDSCAPING TO REMAIN.01Site PlanSCALE: 1:10NORTH
C US
A
B
C
E
G
D
F
H
This is an original unpublished drawing submitted for use in connection
with a project being planned for you by Kieffer Holding Co. It is not to be
reproduced, copied or exhibited in any fashion without the written
permission of Kieffer Holding Company.
Coppell, TX
The Biscuit Bar
104 S. Denton Tap Rd. Coppell, TX
M. Jackson
05/17/2019
-
M. Griswold 1901864
THE
BISCUIT BAR North and South Elevations
Proposed Front ( South ) Elevation Scale: 1/8”=1’-0”
Proposed Rear ( North ) Elevation Scale: 1/8”=1’-0”
13’-7 ½”3'-6 ½"3'-0"19'-1"59'-0" FRONTAGE
19'-1"61'-3"
A B
A
TRIMLESS CHANNEL LETTERS WITH DUAL COLOR GOLD VINYL : 1'-10 ¼" X 16'-0" = 29.7 SQ. FT.
S/F CABINET WITH CHANNEL LETTERS &
ROUT OUT PUSH THRU COPY AND GRAPHICS -
FRONT & HALO LIT :
3'-6 ½ X 13'-7 ½ = 48.0 SQ. FT.
B DF BLADE SIGN
3'-0" X 3'-4 = 9.9 SQ. FT.
1C 2C 3C
1C
2C
3C
TRIMLESS CHANNEL LETTERS WITH
DUAL COLOR GOLD VINYL :
13" X 65" = 5.9 SQ. FT.
TRIMLESS CHANNEL LETTERS WITH
DUAL COLOR GOLD VINYL :
11 ½" X 36¼" = 2.9 SQ. FT.
TRIMLESS CHANNEL LETTERS WITH
DUAL COLOR GOLD VINYL :
15¾" X 40" = 4.4SQ. FT.
mrg-6/26/19Chg "B" to DF blade sign
-
-
-
-
-
-
-
-
-
-
-
-
mrg-6/26/19Reduce "C" sz and break up copy words
Scale: ”=1’-0” X
B C D E G H I J K L M N O P Q R S T U V W X Y Z
DIM
(10 pt)
Description call out
Scale: 0/0” = 1’-0”
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721LtCn BT (Normal)
(12pt) Swis721Cn BT (Bold)
3
CALL OUTS
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721Cn BT (Bold)
OR
Hairline w/ arrow
Hairline w/ square
Fonts, Dim Styles &
Line Types Legend:
General Specifications
(10pt) Swis721Cn BT (Normal)
Color Schedule
Night Lighting Simulation N.T.S.
Direction Elevation - Current Condition N.T.S.
X’-X”
X’-X” STOREFRONT
X’-X”General Specifications
-
-
VINYL
PAINT
-
Color Schedule
Double-Face Pylon Sign
Scale: X”=1’-0”
XX Sq. Ft.
Double-Face Monument Sign Scale: ”=1’-0” X
XX Sq. Ft.
Channel Letter Sign
XX Sq. Ft.
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
A3'-0"3'-8 ½"
B
1C2C3C
½” THICK ACRYLIC FACE
w/ROUTED EDGE
.040 ALUMINUM RETURN
1/8” CLEAR LEXAN TABS
GLUED INTO ROUTED GROOVES
ON BACK OF FACE
OPAQUE DIGITAL PRINT TO
MATCH PMS 143C GOLD ON
1ST SURFACE OF 3630-20
TRANS VINYL OVERLAY
D/F Blade Sign W/ Trimless CHannel Letters
#8 X ½” TEK SCREW
PTM RETURN
.040 ALUM. RETURNS PAINTED BLACK
AUTO-FORMED AND
AUTO-CLINCH TO ACM BACK
U.L. APPROVED
18GA. 2-WIRE
WHITE LEDs
LIQUID-TITE CONDUIT
AND CONNECTIONS
THRU WALL
3”
1/4" WEEP HOLES
3MM ACM BACKS
PRE-FINISHED WHITE
EXPANSION ANCHOR
INTO MASONRY OR
THROUGH BOLT INTO
BLOCKING BEHIND
U.L. APPROVED
REMOTE POWER
SUPPLY BOX
WITH DISCONNECT
1/4" MOUNTING HOLES
OR THREADED RIV-NUT
FOR THRU-BOLT INSTALL
Not to Scale3'-0"3'-4"7"6"6"4"3"3"
C US
A
B
C
E
G
D
F
H
This is an original unpublished drawing submitted for use in connection
with a project being planned for you by Kieffer Holding Co. It is not to be
reproduced, copied or exhibited in any fashion without the written
permission of Kieffer Holding Company.
Coppell, TX
The Biscuit Bar
104 S. Denton Tap Rd. Coppell, TX
M. Jackson
05/17/2019
-
M. Griswold 1901864
THE
BISCUIT BAR
A28 ¾"110 ¾"
28 ¾" X 110 ¾" = 22.11 SQ. FT.
--
-
-
-
-
-
-
-
-
-
-
-
-
--
Scale: ”=1’-0” X
B C D E G H I J K L M N O P Q R S T U V W X Y Z
DIM
(10 pt)
Description call out
Scale: 0/0” = 1’-0”
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721LtCn BT (Normal)
(12pt) Swis721Cn BT (Bold)
3
CALL OUTS
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721Cn BT (Bold)
OR
Hairline w/ arrow
Hairline w/ square
Fonts, Dim Styles &
Line Types Legend:
General Specifications
(10pt) Swis721Cn BT (Normal)
Color Schedule
Night Lighting Simulation N.T.S.
Direction Elevation - Current Condition N.T.S.
X’-X”
X’-X” STOREFRONT
X’-X”General Specifications
-
-
VINYL
PAINT
-
Color Schedule
Double-Face Pylon Sign
Scale: X”=1’-0”
XX Sq. Ft.
Double-Face Monument Sign Scale: ”=1’-0” X
XX Sq. Ft.
Channel Letter Sign
XX Sq. Ft.
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
A3'-0"3'-8 ½"
B
1C2C3C
½” THICK ACRYLIC FACE
w/ROUTED EDGE
.040 ALUMINUM RETURN
1/8” CLEAR LEXAN TABS
GLUED INTO ROUTED GROOVES
ON BACK OF FACE
OPAQUE DIGITAL PRINT TO
MATCH PMS 143C GOLD ON
1ST SURFACE OF 3630-20
TRANS VINYL OVERLAY
D/F Blade Sign W/ Trimless CHannel Letters
#8 X ½” TEK SCREW
PTM RETURN
.040 ALUM. RETURNS PAINTED BLACK
AUTO-FORMED AND
AUTO-CLINCH TO ACM BACK
U.L. APPROVED
18GA. 2-WIRE
WHITE LEDs
LIQUID-TITE CONDUIT
AND CONNECTIONS
THRU WALL
3”
1/4" WEEP HOLES
3MM ACM BACKS
PRE-FINISHED WHITE
EXPANSION ANCHOR
INTO MASONRY OR
THROUGH BOLT INTO
BLOCKING BEHIND
U.L. APPROVED
REMOTE POWER
SUPPLY BOX
WITH DISCONNECT
1/4" MOUNTING HOLES
OR THREADED RIV-NUT
FOR THRU-BOLT INSTALL
Not to Scale3'-0"3'-4"7"6"6"4"3"3"
B
C US
A
B
C
E
G
D
F
H
This is an original unpublished drawing submitted for use in connection
with a project being planned for you by Kieffer Holding Co. It is not to be
reproduced, copied or exhibited in any fashion without the written
permission of Kieffer Holding Company.
Coppell, TX
The Biscuit Bar
104 S. Denton Tap Rd. Coppell, TX
M. Jackson
05/17/2019
-
M. Griswold 1901864
THE
BISCUIT BAR
13’-7 ½”
12’-1 ¾” Biscuit Bar
13’-3 ¼” Gold Push Thru Border
1’-6” “B”2’-10 ¾” Gold Push Thru Border3’-6 ½” O.A.H.GE Tetra Max “AMBER”
LED’s for Halo
3/4” CLEAR ACRYLIC
PUSH THRU W/
#125 Golden Yellow VINYL
Returns painted PMS 143C
Gold
Led Reverse & Face Lit C/L on Cabinet Scale: 3/4”=1’-0”
48.25 Sq. Ft.
3/4” CLEAR ACRYLIC
PUSH THRU W/
#20 TRANS. WHITE VINYL
ELECTRICAL
PRIMARY
PROVIDED
BY CLIENT
IN J-BOX
A
CHANNEL LETTERS ON HALO LIT BACKER WIREWAY
B
--
-
-
-
-
-
-
-
-
-
-
-
-
--
Scale: ”=1’-0” X
B C D E G H I J K L M N O P Q R S T U V W X Y Z
DIM
(10 pt)
Description call out
Scale: 0/0” = 1’-0”
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721LtCn BT (Normal)
(12pt) Swis721Cn BT (Bold)
3
CALL OUTS
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721Cn BT (Bold)
OR
Hairline w/ arrow
Hairline w/ square
Fonts, Dim Styles &
Line Types Legend:
General Specifications
(10pt) Swis721Cn BT (Normal)
Color Schedule
Night Lighting Simulation N.T.S.
Direction Elevation - Current Condition N.T.S.
X’-X”
X’-X” STOREFRONT
X’-X”General Specifications
-
-
VINYL
PAINT
-
Color Schedule
Double-Face Pylon Sign
Scale: X”=1’-0”
XX Sq. Ft.
Double-Face Monument Sign Scale: ”=1’-0” X
XX Sq. Ft.
Channel Letter Sign
XX Sq. Ft.
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
A3'-0"3'-8 ½"
B
1C2C3C
½” THICK ACRYLIC FACE
w/ROUTED EDGE
.040 ALUMINUM RETURN
1/8” CLEAR LEXAN TABS
GLUED INTO ROUTED GROOVES
ON BACK OF FACE
OPAQUE DIGITAL PRINT TO
MATCH PMS 143C GOLD ON
1ST SURFACE OF 3630-20
TRANS VINYL OVERLAY
D/F Blade Sign W/ Trimless CHannel Letters
#8 X ½” TEK SCREW
PTM RETURN
.040 ALUM. RETURNS PAINTED BLACK
AUTO-FORMED AND
AUTO-CLINCH TO ACM BACK
U.L. APPROVED
18GA. 2-WIRE
WHITE LEDs
LIQUID-TITE CONDUIT
AND CONNECTIONS
THRU WALL
3”
1/4" WEEP HOLES
3MM ACM BACKS
PRE-FINISHED WHITE
EXPANSION ANCHOR
INTO MASONRY OR
THROUGH BOLT INTO
BLOCKING BEHIND
U.L. APPROVED
REMOTE POWER
SUPPLY BOX
WITH DISCONNECT
1/4" MOUNTING HOLES
OR THREADED RIV-NUT
FOR THRU-BOLT INSTALL
Not to Scale3'-0"3'-4"7"6"6"4"3"3"
C US
A
B
C
E
G
D
F
H
This is an original unpublished drawing submitted for use in connection
with a project being planned for you by Kieffer Holding Co. It is not to be
reproduced, copied or exhibited in any fashion without the written
permission of Kieffer Holding Company.
Coppell, TX
The Biscuit Bar
104 S. Denton Tap Rd. Coppell, TX
M. Jackson
05/17/2019
-
M. Griswold 1901864
THE
BISCUIT BAR
3"4"
PTD. BLACK
.063” ALUM BASE PAN
1” OVERLAP TO CONCEAL LED’S
WHITE LED’s
GE TETRA MAX “AMBER” LED’s FOR HALO
LED POWER SUPPLY
3MM WHITE ACM C/L BACK
ELECTRICAL SERVICE PENETRATIONS
THRU-WALL WEATHERPROOFED
¼” WEEP HOLE w/ LIGHT SCREEN
[PREVENTS LIGHT LEAKS]
STAINLESS STEEL
FASTENERS w/ PVC SPACERS
½” CLEAR ACRYLIC
.040” ALUMINUM RETURNS
PAINTED PMS 143C GOLD
TRIMLESS ACRYLIC FACES
¾” CLEAR ACRYLIC PUSH THRU COPY
W/ WHITE LED LIGHTING BEHIND
W/ #125 GOLD VINYL 1ST SURFACE
2nd SURFACE DIFFUSER
2"
WITH U.L. SILICONE
SECTION DRAWING - LED FACE LIT C/L ON FACE LIT & REVERSE HALO LIT CABINET
SCALE: 1 1/2” = 1’-0”
1”
½” THICK ACRYLIC FACE
w/ROUTED EDGE
WHITE VINYL DIFFUSER
ON BACK
ALUMINUM RETURN
1/8” CLEAR LEXAN TABS
GLUED INTO ROUTED GROOVES
ON BACK OF FACE
FACE EDGE DETAIL
N.T.S.
.090” ROUTED ALUM PAN FACE
PRIMARY ELECTRICAL BOX
AND SWITVCH
PROVIDED BY CUSTOMER
70 Modules: GE Lighting Solutions - Tetra MAX Wet Location Amber - GEMXYG-W1-HALO
77 Modules: Principal LED - Qwik Mod 2 - PL-QM2-TW150-P-BISCUIT BAR & ROLLING PIN
50 Modules: Principal LED - Street Fighter Plus - PL-OP2-SF3-P-TW-CC
1 Power Supply: GE Lighting Solutions - GEPS12-60U
1 Power Supply: Principal LED - Universal 120W
L
70 mods
37.8 w
L
50 mods
36.0 w
B
12 mods
10.6 w
I
3 mods
2.6 w
S
6 mods
5.3 w
C
5 mods
4.4 w
L
8 mods
7.0 w
U
6 mods
5.3 w
I
3 mods
2.6 w
T
6 mods
5.3 w
B
12 mods
10.6 w
A
7 mods
6.2 w
R
9 mods
7.9 w
Modules: 70
Watts: 37.8 of 60.0
PS: GEPS12-60U
Modules: 119
Watts: 96.7 of 120.0
PS: Universal 120W
PRINCIPAL LED AMBER HALO LED
Mounting Quantity: 9 RIVNUT/THREADED ROD
QTY: (9) H20-0040-12 Threaded rod stee ¼ “ 20 X12” ZN
LIQUID-TITE CONDUIT
AND CONNECTIONS
THRU WALL
ON
OFF
QTY: (1) - E52-0295 - CONNECTOR,1/2",90DEG,OLiquid Tite P3011
QTY: (1) - E52-0375-06 Chase Nipple ½”
QTY; (1)-E52-0385 Washer ½” Sealing
QTY: (47’) -E51-0003 - 18 GA WIRE
QTY: (1) -E53-001-01-Switch 1P 20A White P4563
QTY; (1)-E53-006 Handy Box SG WP W/1/2 K.O. P1926
QTY: (1)-E53-0063 Cover Switch SG WP Bell MX1050S
EXPANSION ANCHOR
INTO MASONRY OR
THROUGH BOLT INTO
BLOCKING BEHIND
SERVICE ON/OFF SWITCH
L.E.D. DETAIL SPECIFICATIONS
C
--
-
-
-
-
-
-
-
-
-
-
-
-
--
Scale: ”=1’-0” X
B C D E G H I J K L M N O P Q R S T U V W X Y Z
DIM
(10 pt)
Description call out
Scale: 0/0” = 1’-0”
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721LtCn BT (Normal)
(12pt) Swis721Cn BT (Bold)
3
CALL OUTS
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721Cn BT (Bold)
OR
Hairline w/ arrow
Hairline w/ square
Fonts, Dim Styles &
Line Types Legend:
General Specifications
(10pt) Swis721Cn BT (Normal)
Color Schedule
Night Lighting Simulation N.T.S.
Direction Elevation - Current Condition N.T.S.
X’-X”
X’-X” STOREFRONT
X’-X”General Specifications
-
-
VINYL
PAINT
-
Color Schedule
Double-Face Pylon Sign
Scale: X”=1’-0”
XX Sq. Ft.
Double-Face Monument Sign Scale: ”=1’-0” X
XX Sq. Ft.
Channel Letter Sign
XX Sq. Ft.
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
A3'-0"3'-8 ½"
B
1C2C3C
½” THICK ACRYLIC FACE
w/ROUTED EDGE
.040 ALUMINUM RETURN
1/8” CLEAR LEXAN TABS
GLUED INTO ROUTED GROOVES
ON BACK OF FACE
OPAQUE DIGITAL PRINT TO
MATCH PMS 143C GOLD ON
1ST SURFACE OF 3630-20
TRANS VINYL OVERLAY
D/F Blade Sign W/ Trimless CHannel Letters
#8 X ½” TEK SCREW
PTM RETURN
.040 ALUM. RETURNS PAINTED BLACK
AUTO-FORMED AND
AUTO-CLINCH TO ACM BACK
U.L. APPROVED
18GA. 2-WIRE
WHITE LEDs
LIQUID-TITE CONDUIT
AND CONNECTIONS
THRU WALL
3”
1/4" WEEP HOLES
3MM ACM BACKS
PRE-FINISHED WHITE
EXPANSION ANCHOR
INTO MASONRY OR
THROUGH BOLT INTO
BLOCKING BEHIND
U.L. APPROVED
REMOTE POWER
SUPPLY BOX
WITH DISCONNECT
1/4" MOUNTING HOLES
OR THREADED RIV-NUT
FOR THRU-BOLT INSTALL
Not to Scale3'-0"3'-4"7"6"6"4"3"3"
C US
A
B
C
E
G
D
F
H
This is an original unpublished drawing submitted for use in connection
with a project being planned for you by Kieffer Holding Co. It is not to be
reproduced, copied or exhibited in any fashion without the written
permission of Kieffer Holding Company.
Coppell, TX
The Biscuit Bar
104 S. Denton Tap Rd. Coppell, TX
M. Jackson
05/17/2019
-
M. Griswold 1901864
THE
BISCUIT BAR
Scale: 1”=1’-0”
D/F Blade Sign
11.13 Sq. Ft.
( 1 ) Ret RequiredB
DF BLADE SIGN
D
--
-
-
-
-
-
-
-
-
-
-
-
-3'-0"3'-4"7"6"6"1" 4" 1"
SIDE VIEW
FABRICATED D/F ALUMINUM BLADE CABINET SIGN WITH 1" ALUMINUM SQ TUBE
FRAME. .125" ALUMINUM FACES PAINTED BLACK
1" THICK ACYLIC LETTERS TO BE APPLIED TO THE FACE OF THE SIGN WITH PMS 143C
GOLD ON 1ST SURFACE OF 3630-20 WHITE
THE SIGN IS TO BE EXTERNALLY ILLUMINATED WITH AN LED LAMP
INSTALL TO BUILDING FASCIA WITH APPROVED ANCHOR SYSTEM
mrg-6/26/19Chg "B" to DF blade sign
Scale: ”=1’-0” X
B C D E G H I J K L M N O P Q R S T U V W X Y Z
DIM
(10 pt)
Description call out
Scale: 0/0” = 1’-0”
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721LtCn BT (Normal)
(12pt) Swis721Cn BT (Bold)
3
CALL OUTS
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721Cn BT (Bold)
OR
Hairline w/ arrow
Hairline w/ square
Fonts, Dim Styles &
Line Types Legend:
General Specifications
(10pt) Swis721Cn BT (Normal)
Color Schedule
Night Lighting Simulation N.T.S.
Direction Elevation - Current Condition N.T.S.
X’-X”
X’-X” STOREFRONT
X’-X”General Specifications
-
-
VINYL
PAINT
-
Color Schedule
Double-Face Pylon Sign
Scale: X”=1’-0”
XX Sq. Ft.
Double-Face Monument Sign Scale: ”=1’-0” X
XX Sq. Ft.
Channel Letter Sign
XX Sq. Ft.
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
A3'-0"3'-8 ½"
B
1C2C3C
½” THICK ACRYLIC FACE
w/ROUTED EDGE
.040 ALUMINUM RETURN
1/8” CLEAR LEXAN TABS
GLUED INTO ROUTED GROOVES
ON BACK OF FACE
OPAQUE DIGITAL PRINT TO
MATCH PMS 143C GOLD ON
1ST SURFACE OF 3630-20
TRANS VINYL OVERLAY
D/F Blade Sign W/ Trimless CHannel Letters
#8 X ½” TEK SCREW
PTM RETURN
.040 ALUM. RETURNS PAINTED BLACK
AUTO-FORMED AND
AUTO-CLINCH TO ACM BACK
U.L. APPROVED
18GA. 2-WIRE
WHITE LEDs
LIQUID-TITE CONDUIT
AND CONNECTIONS
THRU WALL
3”
1/4" WEEP HOLES
3MM ACM BACKS
PRE-FINISHED WHITE
EXPANSION ANCHOR
INTO MASONRY OR
THROUGH BOLT INTO
BLOCKING BEHIND
U.L. APPROVED
REMOTE POWER
SUPPLY BOX
WITH DISCONNECT
1/4" MOUNTING HOLES
OR THREADED RIV-NUT
FOR THRU-BOLT INSTALL
Not to Scale3'-0"3'-4"7"6"6"4"3"3"
LIGHT SAMPLE
C US
A
B
C
E
G
D
F
H
This is an original unpublished drawing submitted for use in connection
with a project being planned for you by Kieffer Holding Co. It is not to be
reproduced, copied or exhibited in any fashion without the written
permission of Kieffer Holding Company.
Coppell, TX
The Biscuit Bar
104 S. Denton Tap Rd. Coppell, TX
M. Jackson
05/17/2019
-
M. Griswold 1901864
THE
BISCUIT BAR
½” THICK ACRYLIC FACE
w/ROUTED EDGE
.040 ALUMINUM RETURN
1/8” CLEAR LEXAN TABS
GLUED INTO ROUTED GROOVES
ON BACK OF FACE
OPAQUE DIGITAL PRINT TO
MATCH PMS 143C GOLD ON
1ST SURFACE OF 3630-20
TRANS VINYL OVERLAY Trimless LED Channel Letter - Remote mount
#8 X ½” TEK SCREW
PTM RETURN
.040 ALUM. RETURNS PAINTED BLACK
AUTO-FORMED AND
AUTO-CLINCH TO ACM BACK
½" WHITE ACRYLIC FACE WITH
OPAQUE DIGITAL PRINT TO MATCH PMS 143C GOLD
ON 1ST SURFACE OF 3630-20 TRANS VINYL OVERLAY
U.L. APPROVED
18GA. 2-WIRE
WHITE LEDs
LIQUID-TITE CONDUIT
AND CONNECTIONS
THRU WALL
5”
1/4" WEEP HOLES
3MM ACM BACKS
PRE-FINISHED WHITE
EXPANSION ANCHOR
INTO MASONRY OR
THROUGH BOLT INTO
BLOCKING BEHIND
U.L. APPROVED
REMOTE POWER
SUPPLY BOX
WITH DISCONNECT
1/4" MOUNTING HOLES
OR THREADED RIV-NUT
FOR THRU-BOLT INSTALL
Scale: ½”=1’-0”
Channel Letters
13.2 Total Sq. Ft.
( 3 ) Sets Required
CHANNEL LETTERS
E13"1C 2C 3C
65"36¼"11 ½"11 ½"15 ¾"40"
( 1 ) Set Required - 5.9 Sq. Ft.( 1 ) Set Required - 2.9 Sq. Ft.( 1 ) Set Required - 4.4 Sq. Ft.
ELEC. BRIDGES
--
-
-
-
-
-
-
-
-
-
-
-
-
mrg-6/26/19Reduce "C" sz and break up copy words
Scale: ”=1’-0” X
B C D E G H I J K L M N O P Q R S T U V W X Y Z
DIM
(10 pt)
Description call out
Scale: 0/0” = 1’-0”
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721LtCn BT (Normal)
(12pt) Swis721Cn BT (Bold)
3
CALL OUTS
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721Cn BT (Bold)
OR
Hairline w/ arrow
Hairline w/ square
Fonts, Dim Styles &
Line Types Legend:
General Specifications
(10pt) Swis721Cn BT (Normal)
Color Schedule
Night Lighting Simulation N.T.S.
Direction Elevation - Current Condition N.T.S.
X’-X”
X’-X” STOREFRONT
X’-X”General Specifications
-
-
VINYL
PAINT
-
Color Schedule
Double-Face Pylon Sign
Scale: X”=1’-0”
XX Sq. Ft.
Double-Face Monument Sign Scale: ”=1’-0” X
XX Sq. Ft.
Channel Letter Sign
XX Sq. Ft.
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
A3'-0"3'-8 ½"
B
1C2C3C
½” THICK ACRYLIC FACE
w/ROUTED EDGE
.040 ALUMINUM RETURN
1/8” CLEAR LEXAN TABS
GLUED INTO ROUTED GROOVES
ON BACK OF FACE
OPAQUE DIGITAL PRINT TO
MATCH PMS 143C GOLD ON
1ST SURFACE OF 3630-20
TRANS VINYL OVERLAY
D/F Blade Sign W/ Trimless CHannel Letters
#8 X ½” TEK SCREW
PTM RETURN
.040 ALUM. RETURNS PAINTED BLACK
AUTO-FORMED AND
AUTO-CLINCH TO ACM BACK
U.L. APPROVED
18GA. 2-WIRE
WHITE LEDs
LIQUID-TITE CONDUIT
AND CONNECTIONS
THRU WALL
3”
1/4" WEEP HOLES
3MM ACM BACKS
PRE-FINISHED WHITE
EXPANSION ANCHOR
INTO MASONRY OR
THROUGH BOLT INTO
BLOCKING BEHIND
U.L. APPROVED
REMOTE POWER
SUPPLY BOX
WITH DISCONNECT
1/4" MOUNTING HOLES
OR THREADED RIV-NUT
FOR THRU-BOLT INSTALL
Not to Scale3'-0"3'-4"7"6"6"4"3"3"
C US
A
B
C
E
G
D
F
H
This is an original unpublished drawing submitted for use in connection
with a project being planned for you by Kieffer Holding Co. It is not to be
reproduced, copied or exhibited in any fashion without the written
permission of Kieffer Holding Company.
Coppell, TX
The Biscuit Bar
104 S. Denton Tap Rd. Coppell, TX
M. Jackson
05/17/2019
-
M. Griswold 1901864
THE
BISCUIT BAR
Proposed ElevationProposed Elevation Not to ScaleNot to Scale
Existing Elevation Not to Scale
Replacement Tenant R.O.P.T. Faces
Scale: 3/4”=1’-0”24.5 Sq. Ft.
Scale: 3/4”=1’-0”
.125" ALUMINUM FLAT PANEL PAINTED BLACK WITH ROUT OUT PUSH THRU ACRYLIC COPY:
¾” CLEAR ACRYLIC PUSH THRU COPY
WITH WHITE VINYL DIFFUSER ON 2ND SURFACE
BORDER TO HAVE #125 GOLD VINYL 1ST SURFACE
7'-7 1/2"3'-1"9 3/4"2 ¼"3"1'-9"F
REPLACEMENT TENANT PANEL
D
--
-
-
-
-
-
-
-
-
-
-
-
-
--
Scale: ”=1’-0” X
B C D E G H I J K L M N O P Q R S T U V W X Y Z
DIM
(10 pt)
Description call out
Scale: 0/0” = 1’-0”
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721LtCn BT (Normal)
(12pt) Swis721Cn BT (Bold)
3
CALL OUTS
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721Cn BT (Bold)
OR
Hairline w/ arrow
Hairline w/ square
Fonts, Dim Styles &
Line Types Legend:
General Specifications
(10pt) Swis721Cn BT (Normal)
Color Schedule
Night Lighting Simulation N.T.S.
Direction Elevation - Current Condition N.T.S.
X’-X”
X’-X” STOREFRONT
X’-X”General Specifications
-
-
VINYL
PAINT
-
Color Schedule
Double-Face Pylon Sign
Scale: X”=1’-0”
XX Sq. Ft.
Double-Face Monument Sign Scale: ”=1’-0” X
XX Sq. Ft.
Channel Letter Sign
XX Sq. Ft.
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
A3'-0"3'-8 ½"
B
1C2C3C
½” THICK ACRYLIC FACE
w/ROUTED EDGE
.040 ALUMINUM RETURN
1/8” CLEAR LEXAN TABS
GLUED INTO ROUTED GROOVES
ON BACK OF FACE
OPAQUE DIGITAL PRINT TO
MATCH PMS 143C GOLD ON
1ST SURFACE OF 3630-20
TRANS VINYL OVERLAY
D/F Blade Sign W/ Trimless CHannel Letters
#8 X ½” TEK SCREW
PTM RETURN
.040 ALUM. RETURNS PAINTED BLACK
AUTO-FORMED AND
AUTO-CLINCH TO ACM BACK
U.L. APPROVED
18GA. 2-WIRE
WHITE LEDs
LIQUID-TITE CONDUIT
AND CONNECTIONS
THRU WALL
3”
1/4" WEEP HOLES
3MM ACM BACKS
PRE-FINISHED WHITE
EXPANSION ANCHOR
INTO MASONRY OR
THROUGH BOLT INTO
BLOCKING BEHIND
U.L. APPROVED
REMOTE POWER
SUPPLY BOX
WITH DISCONNECT
1/4" MOUNTING HOLES
OR THREADED RIV-NUT
FOR THRU-BOLT INSTALL
Not to Scale3'-0"3'-4"7"6"6"4"3"3"
C US
A
B
C
E
G
D
F
H
This is an original unpublished drawing submitted for use in connection
with a project being planned for you by Kieffer Holding Co. It is not to be
reproduced, copied or exhibited in any fashion without the written
permission of Kieffer Holding Company.
Coppell, TX
The Biscuit Bar
104 S. Denton Tap Rd. Coppell, TX
M. Jackson
05/17/2019
-
M. Griswold 1901864
THE
BISCUIT BAR
GE Tetra Max “AMBER”
LED’s for Halo
3/4” CLEAR ACRYLIC
PUSH THRU W/
#125 Golden Yellow VINYL
Returns painted PMS 143C
Gold
Led Reverse & Face Lit C/L on Cabinet
Scale: 3/4”=1’-0”22.11 Sq. Ft.
3/4” CLEAR ACRYLIC
PUSH THRU W/
#20 TRANS. WHITE VINYL
ELECTRICAL
PRIMARY
PROVIDED
BY CLIENT
IN J-BOXE
8'-2 ¾" Biscuit Bar
8'-11 ¾" Gold Border
9'-2 ¾"1'-0"1'-11 ½"2'-4 ¾"( 1 ) Required
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Add "E" detail page mrg-6/26/2019
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Scale: 0/0” = 1’-0”
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721LtCn BT (Normal)
(12pt) Swis721Cn BT (Bold)
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CALL OUTS
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721Cn BT (Bold)
OR
Hairline w/ arrow
Hairline w/ square
Fonts, Dim Styles &
Line Types Legend:
General Specifications
(10pt) Swis721Cn BT (Normal)
Color Schedule
Night Lighting Simulation N.T.S.
Direction Elevation - Current Condition N.T.S.
X’-X”
X’-X” STOREFRONT
X’-X”General Specifications
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PAINT
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Color Schedule
Double-Face Pylon Sign
Scale: X”=1’-0”
XX Sq. Ft.
Double-Face Monument Sign Scale: ”=1’-0” X
XX Sq. Ft.
Channel Letter Sign
XX Sq. Ft.
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
A3'-0"3'-8 ½"
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1C2C3C
½” THICK ACRYLIC FACE
w/ROUTED EDGE
.040 ALUMINUM RETURN
1/8” CLEAR LEXAN TABS
GLUED INTO ROUTED GROOVES
ON BACK OF FACE
OPAQUE DIGITAL PRINT TO
MATCH PMS 143C GOLD ON
1ST SURFACE OF 3630-20
TRANS VINYL OVERLAY
D/F Blade Sign W/ Trimless CHannel Letters
#8 X ½” TEK SCREW
PTM RETURN
.040 ALUM. RETURNS PAINTED BLACK
AUTO-FORMED AND
AUTO-CLINCH TO ACM BACK
U.L. APPROVED
18GA. 2-WIRE
WHITE LEDs
LIQUID-TITE CONDUIT
AND CONNECTIONS
THRU WALL
3”
1/4" WEEP HOLES
3MM ACM BACKS
PRE-FINISHED WHITE
EXPANSION ANCHOR
INTO MASONRY OR
THROUGH BOLT INTO
BLOCKING BEHIND
U.L. APPROVED
REMOTE POWER
SUPPLY BOX
WITH DISCONNECT
1/4" MOUNTING HOLES
OR THREADED RIV-NUT
FOR THRU-BOLT INSTALL
Not to Scale3'-0"3'-4"7"6"6"4"3"3"
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This is an original unpublished drawing submitted for use in connection
with a project being planned for you by Kieffer Holding Co. It is not to be
reproduced, copied or exhibited in any fashion without the written
permission of Kieffer Holding Company.
Coppell, TX
The Biscuit Bar
104 S. Denton Tap Rd. Coppell, TX
M. Jackson
05/17/2019
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M. Griswold 1901864
THE
BISCUIT BAR
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SITE PLAN
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Scale: ”=1’-0” X
B C D E G H I J K L M N O P Q R S T U V W X Y Z
DIM
(10 pt)
Description call out
Scale: 0/0” = 1’-0”
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721LtCn BT (Normal)
(12pt) Swis721Cn BT (Bold)
3
CALL OUTS
(10pt) Swis721LtCn BT (Normal)
(10pt) Swis721Cn BT (Bold)
OR
Hairline w/ arrow
Hairline w/ square
Fonts, Dim Styles &
Line Types Legend:
General Specifications
(10pt) Swis721Cn BT (Normal)
Color Schedule
Night Lighting Simulation N.T.S.
Direction Elevation - Current Condition N.T.S.
X’-X”
X’-X” STOREFRONT
X’-X”General Specifications
-
-
VINYL
PAINT
-
Color Schedule
Double-Face Pylon Sign
Scale: X”=1’-0”
XX Sq. Ft.
Double-Face Monument Sign Scale: ”=1’-0” X
XX Sq. Ft.
Channel Letter Sign
XX Sq. Ft.
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
A3'-0"3'-8 ½"
B
1C2C3C
½” THICK ACRYLIC FACE
w/ROUTED EDGE
.040 ALUMINUM RETURN
1/8” CLEAR LEXAN TABS
GLUED INTO ROUTED GROOVES
ON BACK OF FACE
OPAQUE DIGITAL PRINT TO
MATCH PMS 143C GOLD ON
1ST SURFACE OF 3630-20
TRANS VINYL OVERLAY
D/F Blade Sign W/ Trimless CHannel Letters
#8 X ½” TEK SCREW
PTM RETURN
.040 ALUM. RETURNS PAINTED BLACK
AUTO-FORMED AND
AUTO-CLINCH TO ACM BACK
U.L. APPROVED
18GA. 2-WIRE
WHITE LEDs
LIQUID-TITE CONDUIT
AND CONNECTIONS
THRU WALL
3”
1/4" WEEP HOLES
3MM ACM BACKS
PRE-FINISHED WHITE
EXPANSION ANCHOR
INTO MASONRY OR
THROUGH BOLT INTO
BLOCKING BEHIND
U.L. APPROVED
REMOTE POWER
SUPPLY BOX
WITH DISCONNECT
1/4" MOUNTING HOLES
OR THREADED RIV-NUT
FOR THRU-BOLT INSTALL
Not to Scale3'-0"3'-4"7"6"6"4"3"3"
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4572
File ID: Type: Status: 2018-4572 Agenda Item Agenda Ready
2Version: Reference: In Control: City Council
06/09/2019File Created:
Final Action: North Lake College PD-224R2-HCFile Name:
Title: PUBLIC HEARING:
Consider approval of PD-224R2-HC, Northlake College, a zoning change
request from PD-224R-HC (Planned Development 224 Revised-Highway
Commercial) to PD-224R2-HC (Planned Development 224 Revision
2-Highway Commercial), to revise the Concept Master Plan and attach a
Detail Site Plan to permit a 146,655 square foot building addition and
associated variances on approximately 34.8 acres located at 101 S. Royal
Lane, at the request of Dallas County Community College District, being
represented by Scott Wegener, Beck Architecture.
Notes:
Agenda Date: 07/09/2019
Agenda Number: 12.
Sponsors: Enactment Date:
Council cover memo.pdf, Staff Report.pdf,
Narrative.pdf, Conceptual Master Plan.pdf, Detail Site
Plan.pdf, Landscape Plan.pdf, Tree Survey.pdf,
Elevations and Rendering.pdf, Material Board.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 06/20/2019Planning & Zoning
Commission
2 07/09/2019City Council
Text of Legislative File 2018-4572
Title
PUBLIC HEARING:
Consider approval of PD-224R2-HC, Northlake College, a zoning change request from
Page 1City of Coppell, Texas Printed on 7/5/2019
Master Continued (2018-4572)
PD-224R-HC (Planned Development 224 Revised-Highway Commercial) to PD-224R2-HC
(Planned Development 224 Revision 2-Highway Commercial), to revise the Concept Master
Plan and attach a Detail Site Plan to permit a 146,655 square foot building addition and
associated variances on approximately 34.8 acres located at 101 S. Royal Lane, at the request
of Dallas County Community College District, being represented by Scott Wegener, Beck
Architecture.
Summary
Staff Recommendation:
[Enter Staff Recommendation Here]
Goal Icon:
Business Prosperity
Page 2City of Coppell, Texas Printed on 7/5/2019
1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: July 9, 2019
Reference: Consider approval of a zoning change to PD-224R2-HC (Planned Development 224
Revision 2-Highway Commercial), to revise the Concept Master Plan and attach a Detail
Site Plan to permit a 146,655 square foot building expansion in conjunction with
Construction Education Foundation (CEF) on approximately 34.8 acres.
2030: Community Wellness and Enrichment
Executive Summary:
This request is to revise the Concept Master Plan and attach a Detail Site Plan for Dallas County
Community College District to permit a 146,655 sf (includes exterior canopy) expansion for North Lake
College in conjunction with the Construction Education Foundation (CEF) on approximately 34.8 acres.
The intent is to offer residential and commercial construction courses for students wanting a career in the
construction industry. This facility will replace the West Campus facility located in Irving and will house
classrooms and laboratories providing management and skill-based education for the construction
industry.
Introduction:
Concept Master Plan
The Concept Master Plan identifies future phases which contain additional buildings and a parking
garage. Construction of future phases will be subject to future plan review and compliance with the
regulations in place at that time.
Planned Development (PD)
The proposed building will be home to the construction sciences and will include three lab rooms and an
outdoor lab and 27 indoor classrooms, and additional offices for staff. Currently all the existing parking
is located along the Royal Lane frontage. These spaces will remain while an additional 117 spaces will
be constructed just south of the existing, along Royal Lane. This will meet their parking needs and
exceeds the 410 parking spaces required. A technical variance is being requested to allow for more than
50% of parking in the front yard. Staff has no objection to this variance request since this site has three
frontages and the majority of the parking (300) is existing.
The Landscape Plan is generally compliant with the provisions of the Landscape Ordinance.
Landscaping in some areas have been modified where there are existing and proposed utility easements,
and a major gas pipeline. A landscape berm with wildflowers and trees is being provided along a portion
of the SH 121 frontage that will also act as screening for this facility. Interior landscaping of the site is
2
being exceeded both in area (50%) and the number of trees provided (21 provided vs 15 required). The
non-vehicular open space area is five times greater then what is required by ordinance and they are
providing 96 new trees to the site.
The proposed building will be located south of the existing building closer to the SH 121 frontage road.
With this new construction, fire lanes will be extended and looped around the new building. The building
will be a combination of two types of brick, in addition to glass and generally match the existing building.
Overall, the building is 81% masonry, with both the north (92%) and south (82%) elevations exceeding
the 80% masonry requirement. The District is requesting some relief on the east and west elevations,
which calculate slightly below the required 80% amount of masonry (75% and 66% respectively). Staff
has no objection to this request.
Analysis:
On June 20, 2019 the Planning and Zoning Commission recommended approval of PD-224R2-HC,
Northlake College North Campus, subject to the following conditions:
1. Master Concept Plan Conditions:
a. At the time of Detail Site Plan approval for the remaining acreage, the plans shall meet all
development code requirements unless specifically varied at that time.
b. There shall be a coherent architectural theme and Detail Site Plans shall include elevation
facades to assure architectural compatibility.
2. Detail Plan – Construction Science Building:
a. Approval of the of the variances to the masonry veneer requirements and the location of
more than 50% of the parking in the front yard along Royal Lane.
b. All signs shall be compliant with the Sign Ordinance.
c. Gas tank enclosure area shall be well ventilated, have a canopy over the top and shall have
a temperature gauge.
d. No outside storage shall be permitted.
Legal Review:
This did not require city attorney review
Fiscal Impact:
None
Recommendation:
The Planning Department recommends APPROVAL of PD-224R2-HC (Planned Development 224
Revision 2-Highway Commercial)
Attachments:
1. Staff Report
2. Narrative
3. Parking letter
4. Conceptual Master Plan
5. Detail Site Plan
6. Tree Survey
7. Landscape Plan
8. Elevations & Rendering
9. Material Board
ITEM # 5
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
PD-224R2-HC, Northlake College North Campus
P&Z HEARING DATE: June 20, 2019
C.C. HEARING DATE: July 9, 2019
STAFF REP.: Mary Paron-Boswell, Sr. Planner
LOCATION: S.W.C. of Sandy Lake Road and Royal Lane
SIZE OF AREA: 34.8 acres of property
CURRENT ZONING: PD-224R-HC
REQUEST: A zoning change request from PD-224R-HC (Planned Development 224 Revised-
Highway Commercial) to PD-224R2-HC (Planned Development 224 Revision 2-
Highway Commercial), to revise the Concept Master Plan and attach a Detail Site
Plan to permit a 146,655 square foot building expansion in conjunction with
Construction Education Foundation (CEF) on approximately 34.8 acres.
APPLICANT: Owner: Architect:
Dallas County Community College Scott Wegener
1601 S Lamar Street Beck Architecture
Dallas, TX 75215 1807 Ross , Suite 500
Attn: Dr. Christa Slejko Dallas, TX 75201
214-378-1500 214-303-6627
scottwegener@beckarchitecture.com
HISTORY: This property was originally zoned Light Industrial in the 1980’s, but in 2003 the
Planning and Zoning Commission recommended that both the Future Land Use
Map and the zoning classification for this piece be changed to encourage the
development of well-designed retail, commercial and/or office development. City
Council approved the changes in 2003. In 2007, Dallas County Community College
District requested a zone change from Commercial (C), Highway Commercial
(HC) and Light Industrial (LI) to Planned Development (PD-224- HC) to allow for
Phase One construction of a multi-purpose building, associated parking and
easements on approximately 10 acres of the property for a new college campus. In
2011 the PD was amended to allow a gas valve site to support th e gas pipeline
installed parallel to SH 121.
ITEM # 5
Page 2 of 4
HISTORIC COMMENT: This property does not have any historic significance.
TRANSPORTATION: State Highway 121, is a state highway, recently built to standard.
Sandy Lake Road is a four-lane divided thoroughfare in a six-lane R.O.W.
Royal Lane is a four-lane divided thoroughfare in a six-lane R.O.W.
SURROUNDING LAND USE & ZONING:
North: Vacant (Proposed Hotels/Office/Retail); PD-297-HC (Highway Commercial)
South: Office Warehouse; LI (Light Industrial)
East: Office Warehouse; LI (Light Industrial) & PD-194R5-LI
West: SH 121& Self Storage; C (Commercial (S-1204))
COMPREHENSIVE PLAN: The Coppell 2030 Comprehensive Master Plan shows this property as
suitable for Freeway Special District with a designation for other school
facilities.
DISCUSSION: This request is to revise the Concept Master Plan and attach a Detail Site Plan to
permit a 65,500 square footprint (146,655 sf – includes exterior canopy) expansion
in conjunction with the Construction Education Foundation (CEF) on
approximately 34.8 acres. The Concept Master Plan identifies future phases which
contain additional buildings and a parking garage. Construction of future phases
will be subject to future plan review and compliance with the regulations in place
at that time.
This project is a joint venture with the Construction Education Foundation (CEF).
The intent is to offer residential and commercial construction courses for students
wanting a career in the construction industry. This facility will replace the West
Campus facility located in Irving and will house classrooms and laboratories
providing both management and skill-based education for the construction
industry. The building will pursue LEED- Silver certification. The proposed new
building will be home to the construction sciences and will also include four lab
rooms including an outdoor lab and 27 indoor classrooms, and additional offices
for staff. A wide range of courses will be offered including Construction
Management, Construction Technology, Electrical Technology, Carpentry, and
Plumbing and Pipefitting. Additionally, the facility is planned to have a large
outdoor laboratory space shared by the trades for events, workshops and mockup
projects and will be screened from TX-121.
Currently all the existing parking is located along the Royal Lane frontage. These
spaces will remain while an additional 117 spaces will be constructed just south of
the existing, along Royal Lane. All of these spaces will utilize the existing
driveways on Royal Lane. The school has indicated that based on the number of
students and faculty, based on zoning regulations. This will meet their parking
needs and exceeds the 410 parking spaces required. A technical variance is being
requested to allow for more than 50% of parking in the front yard. Staff has no
ITEM # 5
Page 3 of 4
objection to this variance request since this site has three frontages and the majority
of the parking is existing.
The Landscape Plan is generally compliant with the provisions of the Landscape
Ordinance. Landscaping in some areas of Phase 1 will need to be replaced due to
trees/plants dying over time. Additional modifications to the required landscaping
is necessary where existing and proposed utility easements, and a gas pipeline
exists. Perimeter landscape areas with street trees are provided along Sandy Lake
Road, Royal Lane and the portions of SH 121 outside of the easements. A
landscape berm with wildflowers and trees is being provided along a portion of the
SH 121 frontage. This will also act as screening for this facility. Interior
landscaping of the site is being exceeded both in area (50%) and the number of trees
provided (21 provided vs 15 required). The non-vehicular open space area is five
times greater that what is required by ordinance. They are providing 96 new trees
to the site.
The existing building is located to the north of the site, close to Sandy Lake Road.
The proposed building will be located south of the existing building closer to the
SH 121 frontage road. With this new construction, fire lanes will be extended and
looped around the new building. The building will be a combination of two types
of brick, in addition to glass and metal panels. The material for the building will
generally match the existing North Campus color palette and include Brick B1
Cocoa Brown; B2 Whitestone; Aluminum Composite Panel ACP 1 Umbra Grey;
ACP 2 Oyster White; Kawneer Curtain Wall System 1600 Anodized Aluminum.
The building will have a flat roof with mechanical equipment being screened.
Overall, the building is 82% masonry, with both the north (93%) and south (83%)
elevations exceeding the 80% masonry requirement. The District is requesting
some relief on the east and west elevations, which calculate slightly below the
required 80% amount of masonry (75% and 68% respectively). Staff has no
objection to this request.
In terms of signage, the District is proposing to upgrade their existing monument
sign in the near future and will comply with sign regulations to city requirements.
All proposed signage for the building itself will also comply with sign regulations.
Staff is recommending APPROVAL of PD-224R2-HC, Northlake College North Campus, subject to the
following conditions:
1. Master Concept Plan Conditions:
a. At the time of Detail Site Plan approval for the remaining acreage, the plans shall meet all
development code requirements unless specifically varied at that time.
b. There shall be a coherent architectural theme and Detail Site Plans shall include elevation facades
to assure architectural compatibility.
2. Detail Plan – Construction Science Building:
a. Additional comments will be generated at the time of Detail Engineering review.
b. Approval of the of the variances to the masonry veneer requirements and the location of more than
50% of the parking in the front yard along Royal Lane.
c. Label screening wall and enclosure materials.
ITEM # 5
Page 4 of 4
d. All signs shall be compliant with the Sign Ordinance.
e. Gas tank enclosure area shall be well ventilated, have a canopy over the top and shall have a
temperature gauge.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
4. Take under advisement for reconsideration at a later date
ATTACHMENTS:
1. Narrative
2. Parking letter
3. Conceptual Master Plan
4. Detail Site Plan
5. Tree Survey
6. Landscape Plan
7. Elevations & Rendering
8. Material Board
1
Monday, May 21, 2019
DATE MAY 20, 2019
PROJECT NAME North Lake Construction Science Building, Coppell TX
PROJECT NUMBER 170723
North Lake Construction Science Building Narrative for P&Z
The proposed North Lake Construction Science Building- North Campus will be a joint educational
enterprise of North Lake College and the Construction Education Foundation (CEF) which replaces the
West Campus facility at 1401 E 14th St, Irving, TX. The 65,600 sq. ft. proposed floor plate will house
classrooms and laboratories providing both management and skill-based education for the construction
industry. The building will pursue LEED- Silver.
A wide range of courses will be offered including Construction Management, Construction Technology,
Electrical Technology, and Plumbing and Pipefitting.
The two story building will include programming for offices including administration for Construction
Education Foundation (CEF), Soil Courses, HVAC Programs and Courses, Welding and Pipefitting
Programs and Courses, Plumbing Programs and Courses, Electrical Programs and Courses and Carpentry
Programs and Courses.
Additionally, the facility is planned to have a large outdoor laboratory space shared by the trades for
events, workshops and mockup projects and will be screened from TX-121.
The building use will be Business (College) with classrooms, Labs and will include an ‘A3’ multipurpose
room for lectures and events.
The material for the building will generally match the existing North Campus color palette and include
Brick B1 Cocoa Brown; B2 Whitestone; Aluminum Composite Panel ACP 1 Umbra Grey; ACP 2 Oyster
White; Kawneer Curtain Wall System 1600 Anodized Aluminum.
In the 5/14 Coppell Preliminary review meeting it was discussed using the College or University: Actual
parking count for One space per each day student. The campus will provide day and night classes.
The North Lake College West Campus actual count provided by the College for the existing North
Campus and West replacement building are as follows:
West Campus - Staff Lot - Existing Building 51
West Campus - Student Lot - Existing Building 206
North Campus Existing Building 153
TOTAL 410 Required
Existing parking = 300 spaces
Proposed new parking 117 for a total of 417 spaces.
2
Monday, May 21, 2019
Variances requested for PD 224R
· Gas Storage to the west of building includes bottle storage for Oxygen, Acetylene and Argon
bottles. The enclosure will include 6’ tall CMU masonry walls with brick veneer screening and
will keep the storage of materials outside the main building and allow for easier delivery for full
and empty bottles.
Currently we have a total of 112 bottles at NLC west campus and 20 work stations. 60% of bottles are in
the Pipe fitting, Welding lab and Tool Room in approved storage carts safely secured. The new facility
will have 29, I estimate adding an additional 15 to 20 – 300 size bottles
Tank sizes are 52-300, 15- AC4, 15- ACB, 11-ACMC, 10-20’s, 6- 40’40 and 3- 80 or Q.
Oxygen compressed gas, Used for Oxy/Acet torch and brazing rigs, used in Pipe fitting, Welding,
Plumbing and HVAC Labs
Acetylene Dissolved, Used for Oxy/Acet torch and brazing rigs, used in Pipe fitting, Welding, Plumbing
and HVAC Labs.
Nitrogen (Medical Grade) Used in Medical Gas Lab.
Nitrogen Compressed Gas, used in Plumbing and HVAC Labs
Compressed Gas N.O.S., used in Pipe fitting, Welding.
SZ Argon, used in Welding and Med gas lab.
Liquefied Petroleum, used for fork lift.
410A Freon, used in HVAC
NU22 Freon, used in HVAC
22R Freon, used in HVAC
Usage Logs are kept on file for all Freon Gases.
All Gasses are shipped and handled by Qualified company personnel, currently Gas and Supply North
Texas, LLC.
Students are trained by qualified Master instructors to safely handle and secure bottles as part of
instructional training.
Bottles are contained per NFPA guidelines.
· Cocoa Brown and Whitestone brick colors in lieu of red traditional earth tones to match existing
North Campus building.
· East and West elevation has less than 80% masonry/ brick and more glass which will allow
better daylighting for the labs and classrooms facing east and west.
· Cornice or cap at Brick parapets will be less than 3% height of the building.
DATE SHEET
34.738 ACRES
DCCCD NORTH LAKE COLLEGE
CONSTRUCTION SCIENCES BUILDING
SCALE
NORTH LAKE COLLEGE CAMPUS ADDITION
ZONED: PD-224R2-HC
DCCCD CONTACT: GENTISH FNU
4343 IH-30 MESQUITE, TX 75150 | 972-860-8969 | GENTISH@DCCCD.EDU
A1.006/26/2019
CONCEPTUAL MASTER PLAN
LOT 1R, BLOCK 1
JESSE SURVEY ABSTRACT NO. 968 &
DUNNAGAN SURVEY ABSTRACT NO. 1665
BECK ARCHITECTURE
1807 ROSS AVE
SUITE 500
DALLAS, TX 75201
PH: 214-303-6200
FAX: 214-303-6300
WWW.BECKARCHITECTURE.COM
NO SCALE SCALE:
CONCEPTUAL MASTER PLAN01
* MASTER PLAN WILL COMPLY WITH ALL FIRE LANE REQUIREMENTS
AT THE TIME OF DETAIL SITE PLAN APPROVAL FOR THE REMAINING
ACREAGE, THE PLANS SHALL MEET ALL DEVELOPMENT CODE
REQUIREMENTS UNLESS SPECIFICALLY VARIED AT THAT TIME.
THERE SHALL BE A COHERENT ARCHITECTURAL THEME AND
DETAIL SITE PLANS SHALL INCLUDE ELEVATION FACADES TO
ASSURE ARCHITECTURAL COMPATIBILITY.
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15 SPACES
@ 9'=135'
7 ADA
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10 SPACES
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8 SPACES
@ 9'=72'
14 SPACES
@ 9'=126'
24' FIRE
LANE
24' FIRE
LANE
4" sanitary
6" sanitaryEXISTING PARKING
EXISTING STORM
WATER DETENTION
PROPOSED CONSTRUCTION SCIENCE
BUILDING
F.F.: 527.5
ROYAL LANEBUS DROPOFFPROPERTY LINEPROPERTY LINEP R O P E R T Y L I N E
EXISTING PARKING
UTILITY EASMENT-
FIBER-OPTIC CABLE
UTILITY EASMENT-
PIPELINE AND FIBER-OPTIC CABLE
6' SIDEWALK EASEMENT
6' SIDEWALK EASEMENT
10' ELECTRIC EASEMENT
40'x20' WATER LINE
EASEMENT
6' SIDEWALK EASEMENT
10' GAS EASEMENT
10' ELECTRIC EASEMENT
DRAINAGE EASEMENT
30' X 30' TRANSFORMER
ELECTRICAL EASEMENT
NEW STORM WATER
DETENTION. BERM REF
CIVIL & LANDSCAPE
(2) 30 YD DUMPSTERS
BEHIND 8' SCREEN
ENCLOSURE BRICK 'B1'
(2) 8 YARD DUMPSTERS. RECYCLING &
BUILDING TRASH BEHIND 8' SCREEN
ENCLOSURE.
SCREEN WALL - BRICK 'B1' STANDARD
MODULAR RUNNING BOND,
COCOA BROWN COLOR, TYP.
EX. MECH
YARD
FIRE LANE
WATER LINE
WATER LINE (FIRE)SANITARY LINE
S T O R M D R A INSTORM DRAINFIRE LANEFIRE LANELOADING ACCESS8' SCREEN WALL,
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LOADING ACCESSNEW CHILLER YARD TO
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COCOA BROWN COLOR,
TYP.
LIT VEHICLE IMPACT BOLLARDS AT
EACH COLUMN
FIRE LANE
PROPOSED FIRE
HYDRANT
REF. CIVIL
PROPOSED FIRE
HYDRANT, REF. CIVIL
PROPOSED FIRE HYDRANT,
REF. CIVIL
EXISTING FIRE
HYDRANT
EX. FIRE HYDRANT
FIRE LANEFIRE LANEEXISTING FIRE
HYDRANT
ZONED: HIGHWAY COMMERCIAL
ZONED: LIGHT
INDUSTRIAL
ZONED: HIGHWAY COMMERCIAL
30' X 20' WATER LINE
EASEMENT
LINE OF CANOPY ABOVE
DUST COLLECTOR AND
AIR COMPRESSOR
STORM DRAIN
EXISTING FIRE LANEPROPERTY LINEPROPERTY LINE
UPDATED MONUMENT SIGN TO COMPLY
WITH ALL CITY SIGNAGE REQUIREMENTS
AT THE TIME OF DEVELOPMENT.19'-0"19'-0"AREA A
AREA B
OVERHEAD DOOR
OVERHEAD DOOR
OVERHEAD DOOR
EX. FDC
PROPOSED FDC.
REF. CIVIL
BUILDING A
BUILDING B
14
11 12
10
14
15
8
1014
15
685
9
3
5
7
ADA
11
11
11
11
11
117
8
148
15
N87°56'38" E 202.05'S00°39'25"E 1086.45'L1 S00°35'36"E 199.24'N89°30'35"E 166.00'
C1 C2126.91'L375' x 75' GAS SERVICES EASEMENT
20' WATER EASEMENT
VARIABLE WIDTH GAS PIPELINE
EASEMENT
20' WATER EASEMENT
PROPERTY LINE60' FRONT YARD BUILDING SETBACK60' FRONT YARD BUILDING SETBACK
60' FRONT YARD BUILDING SETBACK4'-4" WIDE SIDEWALK
4'-4" WIDE SIDEWALK
N 7 8 °1 5 '0 0 " E 2 9 6 .3 4 'N37°40' 51" E 318.27'N42°29'21" E 87.95'N37°48'38" E 205.27'N37°40'20"E 506.25'30' GAS SERVICES EASEMENT
24'-0"24'-0"24'-0"24'-0"
PATHWAYS
STORM DRAIN STORM DRAIN
SANITARY LINE
SANITARY LINE
WATER LINE (FIRE)WATER LINE (FIRE)WATER LINE (FIRE)WATER LINE (FIRE)
WATER LINE (FIRE)WATER LINE (FIRE)SANITARY LINESTORM DRAINSTORM DRAINSTORM DRAIN STORM DRAINGAS LINESTORM DRAINSTORM DRAIN
8'-0"18'-0"
8' x 18' 144 SF FIRE RISER
ROOM WITH EXTERIOR DOOR
ON 1ST FLOOR
EXISTING BUILDING
PATHWAYS
PATHWAY
PATHWAYS
PATHWAYS
STORM DRAINSTORM DRAIN
STORM DRAIN
PATHWAYS
STORM DRAINVRF MECHANICAL YARD
w/ 8' SCREEN WALL
BRICK 'B1' STANDARD
MODULAR RUNNING
BOND, COCOA BROWN
COLOR, TYP.
EXISTING FACILITY PARKING COUNT -NEW BUILDING REPLACING WEST CAMPUS
-WEST CAMPUS -STAFF LOT -EXISTING BUILDING 51
-WEST CAMPUS -STUDENT LOT -EXISTING BUILDING 206
-NORTH CAMPUS EXISTING BUILDING 153
TOTAL 410 REQUIRED
NEW CAMPUS TOTAL PARKING COUNT
-EXISTING PARKING ON SITE 300 SPACES
-NEW PARKING PROVIDED 117 SPACES
NEW TOTAL 417 SPACES
BRICK 'B1', STANDARD MODULAR
RUNNING BOND, COCOA BROWN
COLOR.8'-0"BRICK 'B1', STANDARD MODULAR
RUNNING BOND, COCOA BROWN
COLOR.8'-0"25
BRICK 'B1', STANDARD MODULAR
RUNNING BOND, COCOA BROWN
COLOR.
STEEL GATE
8'-0"8'-0"BRICK 'B1', STANDARD MODULAR
RUNNING BOND, COCOA BROWN
COLOR.
25
Level 1
100'-0"8'-0"BRICK 'B1', STANDARD MODULAR
RUNNING BOND, COCOA BROWN
COLOR.
SITE DATA TABLE
EXISTING ZONING
BUILDING USE
NEW BUILDING TOTAL AREA
BUILDING HEIGHT
LOT COVERAGE
FLOOR AREA RATIO
BUSINESS -B -COLLEGE WITH CLASSROOMS
ASSEMBLY -A3 -MULTIPURPOSE ROOM
HIGHWAY COMMERCIAL PD-224R2-HC
146,655 SF -INCLUDES EXTERIOR CANOPY
33 FEET
0.097:1
PARKING COUNT 417 SPACES (ACCESSIBLE PARKING 7 EX. 7 NEW)
EXISTING BUILDING AREA 37,228 SF
TOTAL IMPERVIOUS AREA 1,559,540 SF
NEW BUILDING COVERAGE AREA 79,080 SF -INCLUDES EXTERIOR CANOPY
32.88%
7.41%
TYPICAL HEAD TO HEAD PARKING DETAILTYPICAL HEAD TO CURB PARKING DETAIL
9'-0"9'-0"9'-0"9'-0"19'-0"19'-0"18'-0"CURB
DATE SHEET
34.738 ACRES
DCCCD NORTH LAKE COLLEGE
CONSTRUCTION SCIENCES BUILDING
SCALE
NORTH LAKE COLLEGE CAMPUS ADDITION
ZONED: PD-224R2-HC
DCCCD CONTACT: GENTISH FNU
4343 IH-30 MESQUITE, TX 75150 | 972-860-8969 | GENTISH@DCCCD.EDU
As indicated A2.006/26/2019
SITE PLAN -A
LOT 1R, BLOCK 1
JESSE SURVEY ABSTRACT NO. 968 &
DUNNAGAN SURVEY ABSTRACT NO. 1665
SCALE: 1" = 60'-0"1 SITE PLAN BECK ARCHITECTURE
1807 ROSS AVE
SUITE 500
DALLAS, TX 75201
PH: 214-303-6200
FAX: 214-303-6300
WWW.BECKARCHITECTURE.COM
SCALE: 1/16" = 1'-0"3 ELEVATION - UTILITY YARD - EAST
SCALE: 1/16" = 1'-0"4 ELEVATION - UTILITY YARD - NORTH
SCALE: 1/16" = 1'-0"5 ELEVATION - UTILITY YARD - NORTHWEST
SCALE: 1/16" = 1'-0"2 ELEVATION - UTILITY YARD - SOUTH
SCALE: 1/16" = 1'-0"6 ELEVATION - UTILITY YARD - WEST
Project
North
True
North
SCALE: 1" = 10'-0"7 PARKING SPACE DETAILS
• All signs shall be compliant with the Sign Ordinance.
• Gas tank enclosure area shall be well ventilated, have a canopy over the top and shall have
a temperature gauge.
• No outside storage is allowed
Planning and Zoning Compliance Notes
Variances requested for PD 224R
• East and West elevation has less than 80% masonry/ brick and more glass which will allow
better daylighting for the labs and classrooms facing east and west.
• More than 50% of parking provided in the front yard.
527
527
528
529 5265265245245235245265275285 2 7526526527
528528529
5
2
8
527 5285295275 2 5
52552
5530
SAM
E
JESSE MOORE SURVEY, ABSTRACT NO. 968C.S. DUNNAGAN SURVEY, ABSTRACT NO. 1655JESSE MOORE SURVEY, ABSTRACT NO. 968
C.S. DUNNAGAN SURVEY, ABSTRACT NO. 1655C.S. DUNNAGAN SURVEYABSTRACT NO. 1655J. GIBSON SURVEYABSTRACT NO. 1715J. GIBSON SURVEY, ABSTRACT NO. 1715
J. GIBSON SURVEYABSTRACT NO. 1716APPROXIMATE LOCATION OF SURVEY LINE
APPROXIMATE LOCATION
OF SURVEY LINEJ. GIBSON SURVEY
ABSTRACT NO. 1716
J E S SE M O O R E S U R V E Y
A B S T R A C T N O . 9 6 8
J . G I B SO N SU R V E Y
A B S T R A C T N O . 1 7 1 5
J . G I B SO N SU R V E Y
A B S T R A C T N O . 1 7 1 6
APPROXIMATE LOCATIONOF SURVEY LINEC .S . D U N N A G A N S U R V E Y
A B S T R A C T N O . 1 6 55
T
T
T
D
D
D
D
W
W
S
S
SS
15 SPACES
@ 9'=135'
10 SPACES
@ 9'=90'
8 SPACES
@ 9'=72'
14 SPACES
@ 9'=126'
10 SPACES
@ 9'=90'
13 SPACES
@ 9'=117'
7 SPACES
@ 9'=63'
13 SPACES
@ 9'=117'
12 SPACES
@ 9'=108'
14 SPACES
@ 9'=126'
26' FIRE
LANE
NEW PARKING
PROPERTY LINEPROPERTY LINE
NEW PARKING
24' MUTUAL ACCESS
EASEMENT & FIRE
LANE
6' SIDEWALK
EASEMENT
40' X 20' WATER LINE
EASEMENT
10' TUE CO. EASEMENT
TUE CO. EASEMENT
6" WATER LINE (FIRE)
FIRE LANE
ZONED: LIGHT
INDUSTRIAL
ZONED: LIGHT INDUSTRIAL
ZONED: HIGHWAY COMMERCIAL
ZONED: COMMERCIAL PROPERTY LINE19'-0"19'-0"24'-0"18'-0"18'-0"24'-0"18'-0"AREA A
AREA B
75' x 75' GAS SERVICES EASEMENT
20' WATER EASEMENT
20' BACK YARD BUILDING SETBACK 60' FRONT YARD BUILDING SETBACKWATER LINE (FIRE)60' FRONT YARD BUILDING SETBACKNEW LIGHT POSTS TO COMPLY WITH
ALL CODES AND REGULATIONS.
NEW LIGHT POSTS TO COMPLY WITH
ALL CODES AND REGULATIONS.
DATE SHEET
34.738 ACRES
DCCCD NORTH LAKE COLLEGE
CONSTRUCTION SCIENCES BUILDING
SCALE
NORTH LAKE COLLEGE CAMPUS ADDITION
ZONED: PD-224R2-HC
DCCCD CONTACT: GENTISH FNU
4343 IH-30 MESQUITE, TX 75150 | 972-860-8969 | GENTISH@DCCCD.EDU
1" = 60'-0"A2.106/26/2019
SITE PLAN -B
LOT 1R, BLOCK 1
JESSE SURVEY ABSTRACT NO. 968 &
DUNNAGAN SURVEY ABSTRACT NO. 1665
SCALE: 1" = 60'-0"1 SITE PLAN - AREA B
BECK ARCHITECTURE
1807 ROSS AVE
SUITE 500
DALLAS, TX 75201
PH: 214-303-6200
FAX: 214-303-6300
WWW.BECKARCHITECTURE.COM
Project
North
True
NorthN37°40'20"E 506.25'N00°22'45" W 317.42'L2S89°37'35"W 1427.28'S00°39'25"E 1086.45'• All signs shall be compliant with the Sign Ordinance.
• Gas tank enclosure area shall be well ventilated, have a canopy over the top and shall have
a temperature gauge.
• No outside storage is allowed
Planning and Zoning Compliance Notes
WWWWWDDDDSDDDSSTATE HIGHWAY NO. 121(A VARIABLE WIDTH RIGHT-OF-WAY)(SAVE & ACCEPTVOLUME 70076, PAGE 993 D.R.D.C.T.)0.863 ACRE DEDICATEDTO THE PUBLIC FOR RIGHT-OF-WAY PURPOSES(By This Plat)6' SidewalkEasement30' x 20'Water LineEasement6' SidewalkEasement6' SidewalkEasement10' ElectricEasement10' Gas
Easement OFFER TO PURCHASE FORTXDOT SH 121 ROW8,359 SQ. FT.(NO DOCUMENT OF RECORD FOUND)DALLAS COUNTY COMMUNITYCOLLEGE DISTRICT0.1702 AC ESMT AREA(NO DOCUMENT OF RECORD FOUND)ROYAL LANE
(A VARIABLE WIDTH RIGHT-OF-WAY)
D.R.D.C.T.) AND VOLUME 88118, PAGE 877 (PART 2,
VOLUME 2005139, PAGE 438 SANDY LAKE ROAD(A VARIABLE WIDTH RIGHT-OF-WAY)(PART 1 VOLUME 2005139, PAGE 438 D.R.D.C.T.)525525525 526 527
52
1
5
2
2
5
2
3523524
525
526
52652552
4
523525524523522522
523524
516 51651751851952052152152
2
522
521521522523524525
526
5
2
6
DDDDTTTTTTTTTTDDD526526526525
526
526
526526524525
524523523
525 524522525524523 GGGWDDDSS24' MutualAccess Easement& Fire Lane40' x 20'Water LineEasement526526525
524
524
523
524 TT1" = 40'-0"TREE PROTECTION AND REMOVAL PLAN10 20 40 80SCALE: 1" = 40'-0"MATCHLINE REFERENCE THIS SHEETMATCHLINE REFERENCE THIS SHEETTREE PROTECTION, FENCING, FLAGGING,PRUNING, AND MULCHINGTREE PROTECTION & REMOVAL LEGENDDATESHEET35.803 ACRESDCCCD NORTH LAKE COLLEGECONSTRUCTION SCIENCES BUILDINGSCALE 1" = 50'-0"L0.005/20/2019TREE PROTECT / REMOVE PLANLOT 1, BLOCK 1JESSE SURVEY ABSTRACT NO. 968 &DUNNAGAN SURVEY ABSTRACT NO. 1665BECK ARCHITECTURE1807 ROSS AVESUITE 500DALLAS, TX 75201PH: 214-303-6200FAX: 214-303-6300WWW.BECKARCHITECTURE.COM
Level 1
100'-0"
Level 2
114'-6"
PARAPET
133'-2"
ALUMINUM COMPOSITE METAL PANEL 'MT1',
RAINSCREEN SYSTEM, OYSTER WHITE COLOR
GLAZING TO BE VRE-1-46 W/ SHGC
OF 0.28 OR BETTER, TYP.
ALUMINUM COMPOSITE METAL
PANEL 'MT1', RAINSCREEN
SYSTEM, OYSTER WHITE COLOR
KAWNEER 1600 ALUMINUM
CURTAIN WALL SYSTEM, COLOR
TBD
GLAZING-1" INSULATED-
SPANDREL (GLS3)
BRICK 'B1', STANDARD MODULAR
RUNNING BOND, COCOA BROWN
COLOR.
GLAZING-1" INSULATED-
SPANDREL (GLS3)
GLAZING TO BE VRE-1-46 W/ SHGC
OF 0.28 OR BETTER, TYP.
ALUMINUM COMPOSITE METAL PANEL 'MT1',
RAINSCREEN SYSTEM, OYSTER WHITE COLOR
BRICK 'B1', STANDARD MODULAR RUNNING
BOND, COCOA BROWN COLOR.
Level 1
100'-0"
Level 2
114'-6"
PARAPET
133'-2"
ALUMINUM COMPOSITE METAL PANEL 'MT1',
RAINSCREEN SYSTEM, OYSTER WHITE COLOR
ALUMINUM COMPOSITE METAL
PANEL ' MT2', RAINSCREEN
SYSTEM, CHARCOAL COLOR
ALUMINUM COMPOSITE METAL
PANEL ' MT2', RAINSCREEN
SYSTEM, CHARCOAL COLOR
GLAZING TO BE VRE-1-46 W/ SHGC
OF 0.28 OR BETTER, TYP.
GLAZING-1" INSULATED-
SPANDREL (GLS3)
BRICK 'B1', STANDARD MODULAR
RUNNING BOND, COCOA BROWN
COLOR.
ALUMINUM COMPOSITE METAL
PANEL ' MT2', RAINSCREEN
SYSTEM, CHARCOAL COLOR
ALUMINUM COMPOSITE METAL PANEL 'MT1',
RAINSCREEN SYSTEM, OYSTER WHITE COLOR
Level 1
100'-0"
Level 2
114'-6"
PARAPET
133'-2"
ALUMINUM COMPOSITE METAL
PANEL 'MT1', RAINSCREEN
SYSTEM, OYSTER WHITE COLOR
GLAZING TO BE VRE-1-46 W/ SHGC
OF 0.28 OR BETTER, TYP.
GLAZING-1" INSULATED-
SPANDREL (GLS3)
GLAZING-1" INSULATED-
SPANDREL (GLS3)
ALUMINUM COMPOSITE METAL
PANEL ' MT2', RAINSCREEN
SYSTEM, CHARCOAL COLOR
GLAZING-1" INSULATED-
SPANDREL (GLS3)
Level 1
100'-0"
Level 2
114'-6"
PARAPET
133'-2"
KAWNEER 1600 ALUMINUM CURTAIN WALL
SYSTEM, COLOR TBD GLAZING TO BE VRE-1-46 W/ SHGC OF 0.28 OR
BETTER, TYP.
MODULAR BRICK W/ RUNNING BOND
PATTERN, CHARCOAL GRAY COLOR
GLAZING TO BE VRE-1-46 W/ SHGC
OF 0.28 OR BETTER, TYP.
ALUMINUM COMPOSITE METAL
PANEL 'MT1', RAINSCREEN
SYSTEM, OYSTER WHITE COLOR
BRICK 'B2' STANDARD MODULAR
RUNNING BOND, WHITESTONE
COLOR.
GLAZING-1" INSULATED-
SPANDREL (GLS3)
GLAZING TO BE VRE-1-46 W/ SHGC
OF 0.28 OR BETTER, TYP.
BRICK 'B2' STANDARD MODULAR
RUNNING BOND, WHITESTONE
COLOR.
BRICK 'B2' STANDARD MODULAR
RUNNING BOND, WHITESTONE
COLOR.
GLAZING-1" INSULATED-
SPANDREL (GLS3)
1" DEEP BRICK NICHE, B1
STANDARD MODULAR
GLAZING TO BE VRE-1-46 W/ SHGC
OF 0.28 OR BETTER, TYP.
BRICK 'B1', STANDARD MODULAR
RUNNING BOND, COCOA BROWN
COLOR.
GLAZING TO BE VRE-1-46 W/ SHGC
OF 0.28 OR BETTER, TYP.
NON-GLAZING AREA
TOTAL AREA MASONRY METAL PANEL GLAZING AREA
8,615.22 SF
SOUTH ELEVATION 14,017.21 SF 7,073.07 SF (82.1%) 1,542.15 SF 5,401.99 SF (38.54%)
10,115.97 SF
NORTH ELEVATION 13,750.19 SF 9,303.65 SF (91.96%) 812.32 SF 3,634.22 SF (26.43%)
5,860.23 SF
EAST ELEVATION 9,069.91 SF 4,380.65 SF (74.75%) 1,479.58 SF 3,209.68 SF (35.38%)
4,765.95 SF
WEST ELEVATION 9,104.41 SF 3,149.77 SF (66.09%) 1,616.18 SF 4,338.46 SF (47.65%)
29,357.37 SF
TOTAL 45,941.72 SF 23,907.14 SF (81.43%) 5,450.23 SF 16,584.35 SF (36.10%)
CHAPTER 12 ZONING, ARTICLE 22. " HC" HIGHWAY COMMERICAL DISTRICT REGULATIONS. CODE OF ORDINANCES, COPPELL
All structures shall be 80 percent masonry exterior exclusive of doors and windows. Stucco is permitted by special use permit only.
1. Masonry is further defined as brick and stone of earth tone colors, other brick colors shall be permitted as accent provided that, in combination,
accent materials and non-masonry materials do not exceed the 20 percent non-masonry benchmark on any one facade.
2. Flat roofs and parapet walls around flat roofs shall have a cornice, cap or other detail with a vertical dimension equal to at least three percent
of the height of the building. Where as architectural feature extends above the roof line, and is visible from a public right-of-way, then the back
side of this feature shall be finished of a material that is of the same or similar material as the front of this feature, i.e. brick. Pitched roofs shall
have roofing material of a lusterless neutral/earth tone or green color. Green colors shall be limited to dark forest greens, gray greens, pale
bluish-gray greens, slate greens and copper patina. Metal roofs may be standing seam either with a baked-on lusterless finish or made of copper.
3. Exterior wall surfaces should consist of no more than three colors; a base color, and/or a trim color, and/or an accent color. The base color
may be utilized on up to 100 percent of the surface area of any one facade of a building. Another color, other than a base color, shall be
permitted on up to only five percent of the surface area of any one facade, and an accent color on up to only one percent of the surface area of
any one facade. For calculation purposes, wall surfaces should include eaves, gables and parapets, but should exclude roofs, awnings, or signs.
4. Glass should not exceed 50 percent of the total area of any one facade of a building.
Variances requested for PD 224R
• East and West elevation has less than 80% masonry/ brick and more glass which will allow
better daylighting for the labs and classrooms facing east and west.
DATE SHEET
34.738 ACRES
DCCCD NORTH LAKE COLLEGE
CONSTRUCTION SCIENCES BUILDING
SCALE
NORTH LAKE COLLEGE CAMPUS ADDITION
ZONED: PD-224R2-HC
DCCCD CONTACT: GENTISH FNU
4343 IH-30 MESQUITE, TX 75150 | 972-860-8969 | GENTISH@DCCCD.EDU
As indicated A5.006/26/2019
BUILDING ELEVATIONS
LOT 1R, BLOCK 1
JESSE SURVEY ABSTRACT NO. 968 &
DUNNAGAN SURVEY ABSTRACT NO. 1665
SCALE: 1/16" = 1'-0"01 BUILDING ELEVATION - EAST
SCALE: 1/16" = 1'-0"02 BUILDING ELEVATION - WEST
SCALE: 1/16" = 1'-0"03 BUILDING ELEVATION - SOUTH
SCALE: 1/16" = 1'-0"04 BUILDING ELEVATION - NORTH
BECK ARCHITECTURE
1807 ROSS AVE
SUITE 500
DALLAS, TX 75201
PH: 214-303-6200
FAX: 214-303-6300
WWW.BECKARCHITECTURE.COM
DATE SHEET
34.738 ACRES
DCCCD NORTH LAKE COLLEGE
CONSTRUCTION SCIENCES BUILDING
SCALE
NORTH LAKE COLLEGE CAMPUS ADDITION
ZONED: PD-224R2-HC
DCCCD CONTACT: GENTISH FNU
4343 IH-30 MESQUITE, TX 75150 | 972-860-8969 | GENTISH@DCCCD.EDU
A3.006/26/2019
RENDERINGS
LOT 1R, BLOCK 1
JESSE SURVEY ABSTRACT NO. 968 &
DUNNAGAN SURVEY ABSTRACT NO. 1665
BECK ARCHITECTURE
1807 ROSS AVE
SUITE 500
DALLAS, TX 75201
PH: 214-303-6200
FAX: 214-303-6300
WWW.BECKARCHITECTURE.COM
NO SCALE SCALE:
3D PERSPECTIVE VIEW- SOUTH EAST01
NO SCALE SCALE:
3D PERSPECTIVE VIEW- NORTH WEST02
* ALL SIGNAGE WILL COMPLY WITH CITY OF COPPELL SIGNAGE REQUIREMENTS.
* ALL SIGNAGE WILL COMPLY WITH CITY OF COPPELL SIGNAGE REQUIREMENTS.
DATE SHEET
34.709 ACRES
DCCCD NORTH LAKE COLLEGE
CONSTRUCTION SCIENCES BUILDING
SCALE
A4.005/22/2019
EXTERIOR MATERIALS
LOT 1R, BLOCK 1
JESSE SURVEY ABSTRACT NO. 968 &
DUNNAGAN SURVEY ABSTRACT NO. 1665
BECK ARCHITECTURE
1807 ROSS AVE
SUITE 500
DALLAS, TX 75201
PH: 214-303-6200
FAX: 214-303-6300
WWW.BECKARCHITECTURE.COM
B1 -MODULAR BRICK
BLACKSON BRICK
COCOA
B2 -MODULAR BRICK
BLACKSON BRICK
WHITESTONE
MT1 -ALUMINUM
COMPOSITE MATERIAL
PLACEHOLDER:
REYNOBOND
OYSTER WHITE
MT2 -ALUMINUM
COMPOSITE MATERIAL
PLACEHOLDER:
REYNOBOND
CHARCOAL
GLS3 -INSULATED
SPANDREL PANEL
VITRO CLEAR
V903 -SUBDUED GRAY
INSULATED GLAZING UNIT
PLACEHOLDER: SOLARBAN 90 CLEAR
VRE 1-46, SHGC = 0.28+
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4600
File ID: Type: Status: 2018-4600 Agenda Item Mayor and Council
Reports
1Version: Reference: In Control: City Council
06/30/2019File Created:
Final Action: CC Reports 7/9File Name:
Title: Report by the City Council on recent and upcoming events.
Notes:
Agenda Date: 07/09/2019
Agenda Number:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 07/09/2019City Council
Text of Legislative File 2018-4600
Title
Report by the City Council on recent and upcoming events.
Summary
Page 1City of Coppell, Texas Printed on 7/5/2019