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ST0301A-SY030623Bethel §chool Road at Denton Tap Road ftorm Water Pollution Prevention Plans e PROJECT Qc0m I) Hu tic e,LLC P.U. Box 16406 Fort Worth, Texas 76162 -2406 817.975.3165 (f) 817.419.9307 PROJECT r cc�rnplianct.,LLC IN). Box 202991 Adinglon, Texas 76006 S17975.3165 0 817.419.9307 info @pro jecicomphance. com Project Superintendent Checklist /Responsibilities 1) Schedule pre - construction meeting prior to any soil disturbing activities with Project Compliance inspector to review project scope as it relates to erosion controls shown on drawings; 2) Keep signed copy of Storm Water Pollution Prevention Plan ( "SWP3 ") in truck or in trailer at all times; 3) Review site inspection generated by Project Compliance as soon as possible after the inspection and discuss with inspector, if necessary; 4) Make appropriate arrangements with maintenance personnel based on inspection reports generated by Project Compliance (according to the state general permit, maintenance must be completed within seven days from the date of inspection or before the next anticipated storm event, if practical; otherwise, maintenance shall be performed as soon as practical after such storm event); 5) Update within seven days the erosion control plan with the dates and descriptions of installed/modified/added controls; 6) Update SWP3 and erosion control plan if changes arise in the construction process during the project (e.g., addition of batch plant or any other item not appearing on erosion control plan that is installed/added); and 7) Update the major soil disturbing activities log located within the SWP3. Remember: The purpose of the SWP3 and the erosion control plan is to provide a reviewer of those documents a stogy and timeline as to when every thing occurred on the project. Someone unfamiliar with the project should be able to take the inspection reports, SWP3 and erosion control plan, read through those documents and get a clear picture of when activities occurred, what the project looked like and when corrective action was taken for deficiencies in BMPs. XT www.projectcompliance.com STORM WATER POLLUTION PREVENTION PLAN FOR Bethel School Road at Denton Tap Road City of Coppell Contractor: Tiseo Paving, Inc 419E Hwy 80 Dallas, TX 75227 -0040 June 23, 2003 Prepared by: Todd Webster C/o Project Compliance, LLC. P.O. Box 202991 Arlington, Texas 76006 www.projectcompliance.com Storm Water Pollution Prevention Plan Summary The purpose of this Storm Water Pollution Prevention Plan ( "SWP3 ") is to reduce the discharge of pollutants into the waterways of the United States. The General Permit to Discharge Waste under provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code outlines the procedures which must be followed in order to remain in compliance. The following are the procedures for those site whose total disturbed area is equal to or greater then one acre but less then 5: • Prepare a site - specific SWP3 which addresses each of the required items found in the TCEQ General Permit to Discharge Waste • Execute and submit a Construction Site Notice Sign to the operator of the MS4 within which the site will discharge. (see Appendix J). • Post a copy of the Construction Site Notice Sign on -site so the public can view the document without having to come inside the project area. • Implement the controls outlined in the SWP3. • Qualified personnel must conduct inspections of the site every 14 days and after a' /z" storm event. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. Sediment and erosion control measures identified in the SWP3 shall be observed to ensure that they are operating correctly. Where discharge locations or points are accessible, they shall be inspected to ascertain whether erosion control measures are effective in preventing significant impacts to receiving waters. Where discharge locations are inaccessible, nearby downstream locations shall be inspected to the extent that such inspections are practicable. Locations where vehicles enter or exit the site shall be inspected for evidence of off -site sediment tracking. • A report summarizing the scope of the inspection, name(s) and qualifications of personnel making the inspection, the date(s) of the inspection and major observations relating to the implementation of the SWP3 shall be made. Major observations shall include: the location(s) of discharges of sediment or other pollutants from the site; location(s) of Best Management Practices ( "BMPs ") that need to be maintained; location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location; and location(s) where additional BMPs are needed that did not exist at the time of inspection. • Based on the results of the inspection, the SWP3 shall be modified as necessary (e.g., show additional controls on map required by Section 17.2.(a)(ii). Revisions to the SWP3 shall be completed within I calendar days following the inspection. If existing BMPs need to be modified or if additional BMPs are necessary, implementation shall be completed before the next anticipated storm event. If implementation before the next anticipated storm event is impracticable, they shall be implemented as soon as practicable. • A copy of the SWP3 must be kept on -site whenever possible. • All paperwork must be retained for 3 years from the termination of the project. Table of Contents 1. Storm Water Pollution Prevention Plan Narrative 2. Appendix A — Intended Construction Schedule - provided by Operator 3. Appendix B — Engineer's Soils Data — If Available 4. Appendix C — General Location Map 5. Appendix D — Detailed Site Map - Hung on board in office 6. Appendix E — Copy of Texas Pollution Discharge Elimination System permit 7. Appendix F — Inspector's Qualifications 8. Appendix G — Sample Inspection Report 9. Appendix H — Erosion Control Detail Sheets 10.Appendix I — SWP3 Certification Statement 11. Appendix J —TCEQ Construction Notice Sign 12. Appendix K — "Delegation of Authority" letter Texas Pollutant Discharge Elimination System ( "TPDES ") Storm Water Pollution Prevention Plan ( "SWP3 ") Project Name and Location: Bethel School Road at Denton Tap Road Bethel School east of Denton Tap Coppell, Texas 75019 Owner: City of Coppell 255 Parkway Blvd Coppell, Texas 75019 Start Date: 11/4/2003 End Date: 11/4/2004 for Contractor: Tiseo Paving, Inc 419E Hwy 80 Dallas, TX 75150 972.289.0723 Prepared By: Project Compliance, LLC Todd Webster P.O. Box 202991 Arlington, TX 76006 The following documents are to be included as part of this SWP3: 1. The following narrative; 2. Appendices A -K; 3. Erosion Control plan from plan sheets; 4. Drainage Area map from plan sheets; • Existing drainage patterns; • Proposed drainage patterns; • Limits of soil disturbance; • Locations of on -site & off -site storage areas; and • Locations of wet -lands areas (if they exist on or near site). 5. Major Soil Disturbing Construction Schedule; 6. MSDS log required to be kept on site per OSHA regulations; and 7. Daily project activity log as kept by project superintendent. Part III. Storm Water Pollution Prevention Plans ( "SWP311) Section A. Shared SWP3 Development 1. 2. Operator Permit # Application Date City of Coppell Tiseo Paving, Inc Operator Responsibilities City of Coppell Owner - Controls Plans and Specifications Tiseo Paving, Inc Contractor - Day -to -Day control of prof ect Section B. Responsibilities of Operators 1. The operator with control over construction plans and specifications will be: City of Coppell (a) The above operator will ensure the project specifications will provide adequate best management practices (`BMP ") to meet the requirements of the TPDES General permit. (b) The above operator has operational control over plans and specifications for all areas of the project. (c) The above operator will notify the other operator(s) in a timely manner if any modifications are necessary to remain compliant with the general permit. (d) The operator with the day -to -day operational control of the site is: Operator Permit # Tiseo Paving, Inc 2. The operator with day -to -day operational control will be: Tiseo Paving, Inc (a) The above operator will ensure the project meets the requirements of the TPDES General permit. (b) The party responsible for implementing the BMPs for the project is: (c) The above operator has day -to -day operational control over all areas of the proj ect. (d) The operator with control over construction plans and specifications is Operator Permit # City of Coppell Section C. Deadlines for SWP3 Preparation and Compliance The SWP3 will be: (a) completed prior to posting the Construction Site Notice ( "CSN'). (b) Implemented prior to beginning any construction activity that will result in soil disturbance. (c) Updated as necessary to reflect the changing conditions of any new operators coming on the site, any new areas of responsibility which may be added during the construction process or any changes in BMPs. (d) Prepared so that it provides compliance with the TPDES General permit. Section D. Plan Review and Making Plans Available 1. This SWP3 will be kept on -site if at all possible. It will be kept in an all- weather container which will allow for the posting of the required signage relating to the general permit. If for any reason this SWP3 is not able to be kept on -site, a notice will be posted describing the location of the SWP3. 2. A Construction Site Notice sign will be posted at the main entrance of the project. This sign will indicate the Contact Name, Contact Phone number, Project Description and Location of SWP3. Section E. Keeping Plans Current 1. This SWP3 will be revised when there is a change in design, construction, operation or maintenance that will have a significant effect on the discharge of pollutants. 2. This plan will also be revised if after the inspection of site operators, operators of a municipal separate storm sewer system ( "MS4 "), authorized TCEQ personnel or federal, state or local agency indicates this SWP3 is proving ineffective in significantly minimizing pollutants in discharges authorized under the TPDES general permit. Section F. Contents of SWP3 1. Site Description a. The project is located in the City of Coppell, Dallas County, Texas ( 32 57'37" Lat and 96 59'37" Long). The total acreage involved is approximately 1. 15 acres, all of which will be disturbed at some point during construction, The construction activities will consist of mass grading construction, underground site utility and pavement construction. All activities are to be contained within the property limits of the project. No off -site activity is anticipated at this time. b. The intended construction schedule is attached as Appendix A, incorporated herein for all purposes. c. The total number of acres for the project is: 1.16 Acres. The number of disturbed acres is: 1.16 Acres. d. There is not data describing any discharges from the site currently. If the project engineer has a geotechnical report, it will be included in Appendix B, incorporated herein for all purposes. e. The general location map is included in Appendix C, incorporated herein for all purposes. f. The erosion control plan and drainage area map are included in Appendix D, incorporated herein for all purposes. These sheets describe the following: i. Drainage patterns; ii. Areas where soil disturbance will occur; iii. Locations of all major structural controls either planned or in place; iv. Locations where stabilization practices are expected to be used; v. Locations of off -site material, waste, borrow, fill; vi. Surface waters (including wetlands) either adjacent or in close proximity; and vii. Locations where storm water discharges from the site directly to a surface water body. g. There will not be a batch plant permitted for activities on this site. h. The name of the receiving water that will receive discharges is: Grapevine Creek i. A copy of the TPDES general permit is included in Appendix E, incorporated herein for all purposes. 2. The following is a description of the BMPs which will be used on the project to minimize pollution. The operator with day -to -day operational control will be responsible for the implementation of control measures during each of these phases of construction. The approximate activity sequence for the installation of controls is as follows: • Site clearing and grubbing • Grading and excavation • Installation of underground utilities • Grading of Building Pads • Concrete paving • Final grading and landscape Sequence of erosion/siltation protection: • Site clearing and rug bbing. a. Provide stabilized Construction Entrance(s); install Sediment barriers and perimeter Silt fences. b. Stockpile areas that are to remain untouched for more than 21 days will be temporarily seeded within 14 days. c. Proceed with site clearing and grubbing activities subject to the pollutant control requirements of this plan. d. Upon completion of site clearing and grubbing, be sure construction entrance(s) are functional and perimeter controls are effective. Grading and excavation a. Repair the Construction Entrance(s). Clean the existing rock or replace it if necessary. b. Proceed with grading and excavation activities subject to the pollutant control requirements of this plan. c. Stockpile areas that are to remain untouched for more than 21 days will be temporarily seeded within 14 days. d. Upon completion of grading and excavation, be sure construction entrance(s) is functional and perimeter controls are maintained and effective. • Utility Construction a. Repair the Construction Entrance(s). Clean the existing rock or replace it if necessary. b. Proceed with installation of utilities subject to the pollutant control requirements of this plan. c. Protect new inlets as required in this plan d. Upon completion of utility construction, be sure construction entrance(s) are functional, inlet controls are in place and perimeter controls are maintained and effective. Paviniz a. Repair the Construction Entrance(s). Clean the existing rock or replace it if necessary in order to prevent off -site tracking. b. Repair and maintain silt fences throughout the project. Replace if required. c. Insure inlet covers for the curb inlet tops and grate inlets are installed and maintained according to specs. d. Where indicated on Erosion Control plan, install controls behind curb to prevent wash into street. e. After approaches have been poured, where slopes behind curb requires, install silt fence around approach radius. f. Upon completion of paving, construction entrances can be removed and traffic into and off site must remain on new pavement. Continue to keep inlet controls in place and perimeter controls effective. Final g�r3ding and landscape a. Repair and maintain silt fences throughout the project. Replace if required. b. Silt fence will need to be removed in areas where final grading must occur. It is CRITICAL that inlet covers are in good shape prior to this removal. c. Erosion control matting should be used where the slopes behind curb might allow for soil run -off into the street, prior to the final stabilization to obtain 70% coverage. d. Upon obtaining 70% coverage of the preexisting ground cover conditions, erosion control device may be removed and the Notice of Termination should be filed. Locations for structural controls and structural details are shown in the Erosion Control plan which is incorporated with this SWPPP. It is the intent of this plan to provide the facilities the ability to reduce the flow of erosion material and pollutants off site. This is a living document. It is the intent at design time to allow site conditions to dictate future changes in this SWPPP and in the Erosion Control plan. (a) Erosion and Sediment controls • The following list of erosion and sediment controls will be utilized on this project: Rock Entrance -Used to reduce exiting traffic from tracking soil onto adjacent streets and parkways. This entrance will be installed prior to stripping this site. It will be installed at a convenient location to be determined by the contractor. Silt fences -Used primarily as perimeter controls on this project. They will be installed prior to stripping the site at the locations shown on the erosion control plan included with this SWPPP. Silt fences will be used to reduce pollutants from leaving the site in sheet flow situations. Dut to right -of -way limitations, silt fence will probably not be utilized on this project. Inlet protection -Used as a last attempt to filter the runoff before it enters the storm sewer system. Inlet protection will be installed immediately after the inlet bottoms are poured and re- installed after the tops have been poured. Grate inlets will be protected with a wire, fabric and sandbag system that will protect the inlet as well as allow for traffic in the parkway. Rock Berms — Used to reduce flows in the outfalls of the storm system. The purpose of the dam is to pond up water behind it to allow for the soil to fall out. Rock berms will not be incorporated into this erosion plan. Sand Bag berms- Used to reduce flows in areas with flows too great for silt fences and inaccessible for rock berms. Sand bag berms may be utilized to help reduce off -site discharge onto adjacent parking and drive areas. Dust Control- A water truck or a broom truck will be employed when the need arises to try to reduce the generation of air borne particulate. Where the controls have their capacity reduced by 50 %, they will be cleaned or replaced. If sediment escapes the site, accumulations will be removed at a frequency to minimize further negative effects -prior to the next rain event. Waste receptacles will be used to reduce the offsite transport of litter, construction debris and construction material. Stabilization Practices: Tree Protection -Any trees that will be in the area of construction and are to remain post - construction will be wrapped with orange fence at the drip line, Temporary Vegetation- If the project is to be left untouched for more than 21 days; temporary vegetation will be established by the 14 day. Grass buffer strips- At the property line boundered by existing curb line, a buffer strip in varying widths will be left undisturbed. This is where the silt fence will be established as well. Permanent Vegetation- The landscape plan will show what types of permanent vegetation will be used on this site. Any area left exposed to storm water runoff will be sodded or mulched depending upon the landscape plan. Temporary structures will remain in place until 70 percent coverage is achieved. Subgrade Stabilization- will be used prior to paving, however work will not be performed if the threat of rain exists and the stabilization process will be limited to only that which can be mixed and compacted by the end of each day. Above controls will be removed once 70% permanent vegetative cover has been established and a NOT has been filed. 3. Structural Practices Due to the developed areas surrounding the right -of -way, perimeter silt fence will not be used. Inlet controls will be used on existing inlets both on Bethel School and adjacent intersecting roads. A construction entrance will be installed where feasible and located where it is most beneficial to the contractor's operations. A sediment basin will not be required for this project. The site does not have any common drainage area that serves an area with 10 or more acres of disturbed soil at one time. With all work to be done within the right -of -way of this project, construction of sediment traps will not be appropriate. Proper of the controls listed above will replace sediment trap and sediment basin construction. 4. Permanent Storm Water Controls The site will have a curb and gutter system in place which will tie into existing off - site facilities and discharge into the MS4 of the project city. 5. Other Controls Description of Construction and waste materials stored on site: • Stabilizing Materials; • Concrete and Reinforcing Steel for Structures and Paving; • Concrete Drainage Structures and Pipe; • Waterline and Sanitary Sewer Pipe and Appurtenances; • Sign Materials; • Pavement Marking Materials/Paint; • Concrete wash -out waste; • Landscape Plant Materials; and • Fertilizers. Description of controls to minimize pollution from these materials • Where materials are disposed of in a waste receptacle, there will be a cover used to prevent pollutants from washed out of the dumpster. • Paint containers will be kept in sealed containers and stored when not in use.. Excess paint will not be discharged into storm sewer system, but will be properly disposed of. • An area designated for concrete wash will be determined and protected from discharge by using the spoils from the excavation for the pit to build an earthen berm along the down hill side of the pit. • If pumps are used to remove excess water from the work area, the discharge hose will be covered with a Silt Sack (Dandy Products) to help reduce discharge. • At this time, it is not known if a temporary fuel tank is going to be left on site. If one is left, it will be contained within a lined berm that meets City Fire Code. • The set of drawings for this project does not contain a tree preservation/removal plan. • Temporary restroom facilities will be located on site. These will be serviced at regularly scheduled times by the supplier. • All stabilization activities will be performed at such a rate so as not to lay down more material than what can be mixed by the end of the day. All run -off from these stabilizing materials will be contained with on -site controls. Locations of the concrete wash area, restroom facilities, waste receptacle and fuel berm will be noted on the erosion control plan and updated regularly. 6. Approved State and Local Plans (a) This Storm 'Water Pollution Prevention Plan was prepared in an effort to reflect the requirements for storm water management and erosion and sediment control. The contractor will be required to conform to all Federal, State and Local Laws and Regulations whether included in this document or not. (b) If the regulations in the project city change during the construction of this project, this plan will be modified to accommodate those changes. 7. Maintenance The following list describes the maintenance procedures for the measures incorporated on this site. Rock Entrance- remove build -up of mud and debris and replace or re -grade as necessary Silt fences- remove silt once it reaches 1/2 the height of the fence, repair or replace fence as necessary Inlet protection- remove retained soil and replace fabric as required. Rock Berms-remove retained soil once it reaches a height 1/2 the height of the berm. Sand Bag berms- remove retained soil once it reaches a height 1/2 the height of the berm. This maintenance will be completed before the next anticipated rain event or as soon as practicable. If erosion and sediment controls have been intentionally disabled, run -over, removed or otherwise rendered ineffective they will be replaced or corrected immediately upon discovery. 8. Inspections of Controls If flooding or other uncontrollable situations arise, inspections will be conducted as soon as access is practicable. (a) Personnel provided by the operator and familiar with this SWP3 will inspect the following: • Disturbed area and areas used for storage of materials that are exposed to precipitation will be inspected for evidence of, or the potential for, pollutants entering the drainage system. • Erosion and sediment control measures identified in the plan will be observed to ensure that they are functioning properly. • Where discharge locations or points are accessible, they will be inspected to decide if erosion control measures are effective. • Locations where vehicles enter or exit the site will be inspected for evidence of offsite tracking. Inspections will be conducted by the designated person at least once every 14 days and within 24 hours after a rain event of 0.5 inches or greater. A report summarizing the scope of the inspection, name of inspector, the date of the inspection, major observations relating to the implementation of the SWP3, and actions taken in accordance with the SWP3 will be made and retained as part of the SWP3 for at least three years from the date that the site was finally stabilized. The report will be signed in accordance with Part VI.G of the General Permit by an owner or corporate officer or by a duly authorized representative. (c) Based on the inspections, the erosion control measures will be revised and the revisions shown on the Erosion Control plan kept on site. Any modification must be implemented within 7 days. It is the responsibility of the operator of the site to maintain effective pollutant discharge controls. Physical site conditions or contractor practices could make it necessary to install more controls than are shown. Localized concentrations of surface runoff or steep areas could require additional high flow controls. (d) A report summarizing the scope of the inspection, name of inspector, the date of the inspection, major observations relating to the implementation of the SWP3, and actions taken in accordance with the SWP3 will be made and retained as part of the SWP3 for at least three years from the date that the site was finally stabilized. The report will be signed in accordance with Part VI.G of the General Permit by an owner or corporate officer or by a duly authorized representative. 9. Non -Storm Water Discharges Authorized Non -Storm water Discharges: • Fire fighting activities • Water used to wash vehicles or control dust in accordance with efforts to minimize offsite sediment tracking • Potable water sources including waterline flushing; • Irrigation drainage from watering vegetation; • Routine exterior building wash down that does not use detergents; Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred; • Air conditioning condensate; • Springs; • Uncontaminated ground water; • and foundation or footing drains not contaminated with process materials. With the exception of fire fighting activities, appropriate storm water pollution prevention methods will be utilized in conjunction with these non -storm discharges. Part IV. Numeric Effluent Limitations There will be no discharges of storm water runoff related to support concrete batch plant facilities for this project. Part V. Retention of Records All reports, certifications, and this SWP3 will be maintained on file for a period of at least three years after final stabilization of the site. This file shall contain at a minimum: • Copies of Owner and Contractor Construction Site Notice ( "CSN "); • This SWP3 narrative. • Erosion control plan from set of drawings • Completed Inspection Reports and Certifications • Record of amendments to the plan Appendix A Approximate Construction Schedule Record of Construction Activities Activity Start Date Date Complete • Site clearing and grubbing • Grading and excavation • Installation of underground utilities • Concrete paving • Final grading and landscape This information may also be found on either the Erosion Control plan or in the Superintendent's daily log reports which are incorporated into the contents of this plan. Appendix B Soil Data (If available from Engineer) Appendix C General Location Map Project: Bethel School Road at Denton Receiving waters: Grapevine Creek r MaPn T -. Minyard Dr loom 121 a� z Alex Dr P r Z:0- 21 00f-1 ZyMEei �owglan it a 121 0 z Gra -co Lrr W Sandy Lake Rd z , ° Park Valley Dr Woodmoor Dr O a 0 0 Q = E Sandy Lake Rd ° _ Ko�th401�'t Ds Q' °C Halifax Dr w ._ ___: >._ ' 1 GakGrovo St T _ C harrybark Dr Ch Sullgc PO�Qy Rd �' - emete y = � 1 Tupeb Dr Kaye St' E Bethel School Rd oBethel " Cby Ave Sandy Oak Ln , Hunter 4,doctd ,rape line 5 Park °j 006`vv Creek Park Bethel Rd Coppell -0 7- {'kR i�d C s cn Sou lk�em a Pac1ivc _ - SflutYlUestefi� Blvdi .: Gateway Blvd Cotton Rd 35 Airline Dr `- z Cltside Dr Wrangler Dry+ North Lake Statesman D r C restside D r 0 �, Santa Fe Trl Ur Cr Vats Zagdl Dr North Lake 3 Park o ._7 02003 MapQuest.com, Inc.; 02003 Navigation Technologies Appendix D Site Map —See Erosion Control plan and Drainage Area maps Him ft 2 -- lo ga a W==aMMfR!: MI im MMMM ".4-0 -Rim _=M�MEM MEMO _M m_=_ MMMM =Mmmm ccr�.ti�j+�c�m=� =ccm amm Em— Mm= MMMMMM MENcccx MOM MEMO P-20 ME mammon Mjg== Appendix E TPDES General Permit Language TEXAS COMMISSION ON ENVIRONMENTAL QUALITY P.O. BOX 13087 Austin, TX 78711 -3087 GENEPAL PERMIT TO DISC'HARCF WASTE under provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code Construction sites located in the state of Texas may discharge to surface water in the state only according to effluent limitations, monitoring requirements and other Conditions hetforth of the State per of as well as the rules of the Texas Commission on Environmental Quality (TCEQ), Texas, and other orders of the TCEQ. The issuance of this general permit does not grant to the permince the right to use private or public property for conveyance of storm water and certain non -storm water discharges along the discharge route. This includes property belonging to but not limited to any individual, partnership, corporation or other entity. Neither does this permit authorize any invasion of personal rights nor any violation of federal, state, or local laws or regulations. It is the responsibility of the pemrittee to acquire property rights as may be necessary to use the discharge route. This permit and the authorization contained herein shall expire at midnight five years after the date of issuance. ISSUED AND EFFECTIVE DATE: MAtheC 03 s ion TC EQ General Permit Number TXR150000 Relating To Discharges From Construction Activities Table of Contents TPDES General Permit Part 1. Definitions ...................... ............................... NO. TXR150000 This is a new general permit Part 11. Permit Applicability and Coverage .. ............................... issued pursuant to Section Part 111. Storm Water Pollution Prevention Plans ............................. 26.040 of the Texas Water Code Part 1V. Numeric Effluent Limitations ...... ............................... and Section 407-of the Clean Part V. Retention of Records ............. ............................... Water Act. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY P.O. BOX 13087 Austin, TX 78711 -3087 GENEPAL PERMIT TO DISC'HARCF WASTE under provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code Construction sites located in the state of Texas may discharge to surface water in the state only according to effluent limitations, monitoring requirements and other Conditions hetforth of the State per of as well as the rules of the Texas Commission on Environmental Quality (TCEQ), Texas, and other orders of the TCEQ. The issuance of this general permit does not grant to the permince the right to use private or public property for conveyance of storm water and certain non -storm water discharges along the discharge route. This includes property belonging to but not limited to any individual, partnership, corporation or other entity. Neither does this permit authorize any invasion of personal rights nor any violation of federal, state, or local laws or regulations. It is the responsibility of the pemrittee to acquire property rights as may be necessary to use the discharge route. This permit and the authorization contained herein shall expire at midnight five years after the date of issuance. ISSUED AND EFFECTIVE DATE: MAtheC 03 s ion TC EQ General Permit Number TXR150000 Relating To Discharges From Construction Activities Table of Contents Part 1. Definitions ...................... ............................... Page 3 Part 11. Permit Applicability and Coverage .. ............................... . Page 7 Part 111. Storm Water Pollution Prevention Plans ............................. Page 18 Part 1V. Numeric Effluent Limitations ...... ............................... Page 28 Part V. Retention of Records ............. ............................... Page 29 Part VI. Standard Permit Conditions ........ ............................... Page 29 . Page 30 Part VII. Fees ................... ............................... Appendix A. Periods of Low Potential by County ............................. Page 31 Attachment 1 Construction Site Notice for Part II.D.1 Waivers ................... Page 32 Attachment 2 Construction Site Notice for Part II.D.2. Authorizations ............. Page 33 Attachment 3 Discharge Monitoring Report for Concrete Batch Plants ............. Page 34 Page 2 TPDES General Permit TXR150000 Part 1. Definitions Best Management Practices - (BMPs) Schedules of activities, prohibitions of practices, maintenance procedures, structural controls, local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements, operating Procedures, and practices to control construction site runoff, spills or leaks, waste disposal, or drainage from raw material storage areas. Commencement of Construction - The exposure of soils resulting from activities such as clearing, grading, and excavating. Common Plan of Development - A construction activity that is completed in separate stages, separate phases, or in combination with other construction activities. A common plan of development 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. Facility or Activity - Any TPDES "point source" or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the TPDES program. Final Stabilization - A construction site status where either of the following conditions are met: (a) All soil disturbing activities at the site have been completed and a uniform (e.g, evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or goetextiles) have been employed. (b) For individual lots in a residential construction site by either: (1) the homebuilder completing final stabilization as specified in condition (a) above;or (2) the homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of, final stabilization. (c) For construction activities on land used for agricultural purposes (e.g. pipelines across crop or range land), final stabilization may be accomplished by returning the disturbed land to its 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. TPDES General Permit TXR 150000 Large Construction Activity - Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than five (5) acres of land. Large construction activity also includes the disturbance of less than five (5) acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than five (5) acres of land. Large construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other similar storm water conveyance. Large construction activ itydoesnotincludetheroutinegra _ d__ ingofexistingdirt roads, asphaltoverlaysofexistingroads, the routine clearing of existing right -of -ways, and similar maintenance activities. Municipal Separate Storm Sewer System (MS4) - A separate storm sewer system owned or operated by a state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction overthe disposal ofsewage, industrial wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization. Notice of Intent (NOI) - A written submission to the executive director from an applicant requesting coverage under a 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. Operator - The person or persons associated with a large or small construction activity that meets either of the following two criteria: (a) the person or persons have operational control over construction plans and specifications to the extent necessary to meet the requirements and conditions ofthis general permit; or (b) the person or persons have day -to -day operational control of those activities at a construction site which are necessary to ensure compliance with a storm water pollution prevention plan for the site or other permit conditions (e.g. they are authorized to direct workers at a site to carry out activities required by the Storm Water Pollution Prevention Plan or comply with other permit conditions). Permittee - An operator authorized under this general permit. The authorization may be gained through submission of a notice of intent, by waiver, or by meeting the requirements for automatic coverage to discharge storm water runoff and certain non -stone water discharges. Point Source - Any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are, or may be, discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff. Page 3 Page 4 TPDES General Permit TXR150000 Pollutant - (from the Texas Water Code, Chapter 26) Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into any surface water in the stale. The term "pollutant" does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated rangeland, pastureland, and farmland. Pollution - (from the Texas Water Code, Chapter 26) The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any surface water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. Runoff Coefficient - The fraction of total rainfall that will appear at the conveyance as runoff. Separate Storm Sewer System - A conveyance or system of conveyances (including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, man -made channels, or storm drains), designed or used for collecting or conveying storm water; that is not a combined sewer, and that is not part of a publicly owned treatment works (POTW). Small Construction Activity - Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than one (I ) acre and less than five (5) acres of land. Small construction activity also includes the disturbance of less than one (I ) acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one (1) and less than five (5) acres of land. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other similar storm Hater conveyance. Small construction activity does not include the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right -of -ways, and similar maintenance activities. Storm Water - Storm water runoff, snow melt runoff, and surface runoff and drainage. Storm Water Associated with Construction Activity - Storm water runoff from a construction activity where soil disturbing activities (including clearing, grading, excavating) result in the disturbance of one ( I ) or more acres of total land area, or are part of a larger common plan of development or sale that will result in disturbance of one (1) or more acres of total land area. Structural Control (or Practice) - A pollution prevention practice that requires the construction of a device, or the use of a device, to capture or prevent pollution in storm water runoff. Structural controls and practices may include but are not limited to: silt fences, earthen dikes, drainage swales, 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 Page 5 TPDES General Permit TXRI50000 of the state (from the mean high water mark (MH WM) 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. Temporary Stabilaation - A condition where exposed soils or disturbed areas are provided a protective cover, which may include temporary seeding, geotextiles, mulches, and other techniques to reduce or eliminate erosion until either final stabilization can be achieved or until further construction activities take place. Waters of the United States -(from title 40, part 122, section 2 of the Code of Federal Regulations) Waters of the United States or waters of the U.S. means: (a) all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (b) all interstate waters, including interstate wetlands; (c) all other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandtlats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds that the use, degradation, or destruction ofwhich 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. Page 6 TPDES General Permit TXR150000 Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR § 423.11 (m) which also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the United States (such as disposal area in wetlands) nor resulted from the impoundment of waters of the United States. Waters of the United States do not include prior convened cropland. Notwithstanding the determination of-an area'sstants as nrinr converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. Part 11. Permit Applicability and Coverage Section A. Discharges Eligible for Authorization Storm Water Associated with Construction Activity Discharges of storm water runoff from small and large construction activities may be authorized under this general permit. Discharges of Storm Water Associated with Construction Support Activities Discharges of storm water runoff from construction support activities, including concrete batch plants, asphalt batch plants, equipment staging areas, material storage yards, material borrow areas, and excavated material disposal areas may be authorized under this general permit provided: (a) the activity is located within a I -mile distance from the boundary of the permitted construction site and directly supports the construction activity; (b) the storm water pollution prevention plan is developed according to the provisions of this general permit and includes appropriate controls and measures to reduce erosion and discharge of pollutants in storm water runoff from the supporting industrial activity site; and (c) the industrial activity either does not operate beyond the completion date of the construction activity or obtains separate TPDES authorization for discharges. 3. Non -storm Water Discharges The following non -storm water discharges from sites authorized under this general permit are also eligible for authorization under this general permit: (a) discharges from fire fighting activities; TPDES General Permit TXR150000 (b) fire hydrant flushings; (c) vehicle, external building, and pavement wash water where detergents and soaps are not used and where spills or leaks of toxic or hazardous materials have not occurred (unless 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, an dust; (d) water used to control dust; (e) potable water sources including waterline flushings; (f) air conditioning condensate; (g) uncontaminated ground water or spring water, including foundation or footing drains where flows are not contaminated with industrial materials such as solvents. Other Permitted Discharges Any discharge authorized under a separate NPDES, TPDES, or TCEQ permit may be combined with discharges authorized by this permit. Section B. Limitations on Permit Coverage Post Construction Discharges. 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 this general permit. Discharges originating from the sites are not authorized under this general permit following the submission of the notice of termination (NOT) for the construction activity. Prohibition of Non -Storm Water Discharges Except as provided in Part 11. A.2., A3., and A4., all discharges authorized by this general permit must be composed entirely of storm water associated with construction activity. 3. Compliance With Water Quality Standards Discharges to surface water in the state that would cause or contribute to a violation of water quality standards or that would fail to protect and maintain existing designated uses are not eligible for coverage under this general permit. The executive director may require an application for an individual permit or alternative Page 7 Page 8 TPDES General Permit TXR150000 general permit (see Part I1.G.3) to authorize discharges to surface water in the state from any activity that is determined to cause a violation of water quality standards or is found to cause, or contribute to, the loss of a designated use. The executive director may also require an application for an individual permit considering factors described in Part 11. G.2. Discharges to Water Quality- Impaired Receiving Waters. New sources or new discharges of the constituents ofconcem to impaired waters are not authorized by this permit unless otherwise allowable under 30 TAC Chapter 305 and applicable state law. Impaired waters are those that do not meet applicable water quality standards and are listed on the EPA approved Clean Water Act Section 303(d) list. Constituents ofconcem are those for which the water body is listed as impaired. Discharges of the constituents of concern to impaired water bodies for which there is a total maximum daily load (TMDL) implementation plan are not eligible for this permit unless they are consistent with the approved TMDL and the implementation plan. Permittees must incorporate the limitations, conditions, and requirements applicable to their discharges, including monitoring frequency and reporting required by TCEQ rules, into their storm water pollution prevention plan in order to be eligible for coverage under this general permit. Discharges to the Edwards Aquifer Recharge Zone Discharges cannot be authorized by this general permit where prohibited by 30 Texas Administrative Code (TAC) Chapter 213 (relating to Edwards Aquifer). (a) For new discharges located within the Edwards Aquifer Recharge Zone, or within that area upstream from the recharge zone and defined as the Contributing Zone, operators 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. (b) For existing discharges, the requirements of the agency- approved Water Pollution Abatement Plan under the Edwards Aquifer Rules are in addition to the requirements ofthis general permit. BMPs and maintenance schedules for structural storm water controls, for example, may be required as a provision of the rule. All applicable requirements of the Edwards Aquifer Rule for reductions of suspended solids in storm water runoff are in addition to the requirements in this general permit for this pollutant. For discharges from large construction activities located on the Edwards Aquifer contributing zone, applicants must also submit a copy of the NOI to the appropriate TCEQ regional office." Counties: Comal, Bexar, Medina, Uvalde, and Kinney Williamson, Travis, and Hays TPDES General Permit TXR150000 Contact: TCEQ Water Program Manager San Antonio Regional Office 14250 Judson Rd. San Antonio, Texas (210) 490 -3096 TCEQ Water Program Manager Austin Regional Office 1921 Cedar Bend Dr., Ste. 150 Austin, Texas (512) 339 -2929. 6. Discharges to Specific Watersheds and Water Quality Areas Discharges otherwise eligible for coverage cannot be 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 Other Governmental Entities This general permit does not limit the authority or ability of federal, other state, or local governmental entities from placing additional or more stringent requirements on construction activities or discharges from construction activities. For example, this permit does not limit the authority of a home -rule municipality provided by Section 401.002 of the Texas Local Government Code. 8. Indian Country Lands Storm water runoff from construction activities occurring on Indian Country lands are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges of storm water require authorization under federal National Pollutant Discharge Elimination System ( NPDES) regulations, authority for these discharges must be obtained from the U.S. Environmental Protection Agency (EPA). 9. Oil and Gas Production Storm water runoff from construction activities associated with the exploration, development, or production of oil or gas or geothermal resources, including transportation of crude oil or natural gas by pipeline, are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges Page 9 Page 10 10. Section C TPDES General Permit TXR 150000 of storm water require authorization under federal NPDES regulations, authority for these discharges must be obtained from the EPA. Storm Water Discharges from Agricultural Activities Storm water discharges from agricultural activities that are not point source discharges of storm water are not subject to TPDES permit requirements. These activities may include clearing and cultivating ground for crops, construetion of fences to contain livestock, construction of stock ponds, and other similar agricultural activities. Deadlines for Obtaining Authorization to Discharge Large Construction Activities (a) New Construction - Discharges from sites where the commencement of construction occurs on or after the issuance date of this general permit must be authorized, either under this general pennit or a separate TPDES permit, prior to the commencement of those construction activities. (b) Ongoing Construction - Operators of large construction activities continuing to operate after the issuance date of this permit, and authorized under NPDES general permit TXR 100000 (issued July 6, 1998, FR 36490), must submit an NOI to obtain authorization under this general permit within 90 days of the issuance date of this general permit. During this interim period, as a requirement of this TPDES permit, the operator must continue to meet the conditions and requirements of the federal NPDES permit. If the construction activity is completed prior to this 90 -day deadline, and the site would otherwise qualify for termination of coverage under that federal NPDES permit, the operator must notify the executive director of the TCEQ in writing within 30 days of that condition. Small Construction Activities (a) New Construction - Discharges from sites where the commencement of construction occurs on or after the issuance date of this general permit must be authorized, either under this general pennit or a separate TPDES pennit, prior to the commencement of those construction activities. (b) Ongoing Construction - Discharges from ongoing small construction activities that commenced prior to March 10, 2003, and that would not meet the conditions to qualify for termination of this pennit as described in Pan 11.E. of this general permit, must be authorized, either under this general pennit or a separate TPDES permit, prior to March 10, 2003. Page I I TPDES General Permit TXR 150000 Section D. Obtaining Authorization to Discharge Small construction activities are determined to occur during periods of low potential for erosion, and operators of these sites may be automatically authorized under this general permit and not required to develop a storm water pollution prevention plan or submit a notice of intent (NOI), provided: (a) the construction activity occurs in a county listed in Appendix A; (b) the construction activity is initiated and completed, including either final or temporary stabilization ofall disturbed areas, within the time frame identified in Appendix A for the location of the construction site; (c) all temporary stabilization is adequately maintained to effectively reduce or prohibit erosion, final stabilization activities have been initiated and a condition, of final stabilization is completed no later than 30 days following the end date of the time frame identified in Appendix A for the location of the construction site; (d) the pennittee signs a completed construction site notice (Attachment I ofthis general pennit), including the certification statement; (e) a signed copy of the construction site notice is posted at the construction site in a location where it is readily available for viewing by the general public, local, state, and federal authorities prior to commencing construction activities, and maintained in that location until completion of the construction activity; (f) a copy of the signed and certified construction site notice is provided to the operator of any municipal separate storm sewer system receiving the discharge at least two days prior to commencement of construction activities; and (g) any supporting concrete batch plant or asphalt batch plant is separately authorized for discharges of storm water runoff or other non -storm water discharges under an individual TPDES permit, another TPDES general permit or under an individual TCEQ pennit where storm water and non - storm water is disposed of by evaporation or irrigation (discharges are adjacent to water in the state). Operators of small construction activities not described in Part II.D.1. above may be automatically authorized under this general permit, and operators of these sites are not required to submit an NOI provided they: (a) develop a SWP3 according to the provisions of this general pennit, that covers either the entire site or all portions of the site for which the applicant Page 12 3. TPDES General Permit TXR150000 is the operator, and implement that plan prior to commencing construction activities; (b) sign a completed construction site notice ( Attachment 2 of this general permit); (c) post a signed copy of the construction site notice at the construction site in a location where it is readily available for viewing by the general public, local, state, and federal authorities, prior to commencing construction activities, and maintain the notice in that location until completion of the construction activity; and (d) provide a copy of the signed and certified construction site notice to the operator of any municipal separate storm sewer system receiving the discharge at least two days prior to commencement ofconstruction activities. Operators of all other construction activities that qualify for coverage under this general permit must: (a) develop a SWP3 according to the provisions of this general permit, that covers either the entire site or all portions of the site for which the applicant is the operator, and implement that plan prior to commencing construction activities; (b) submit a Notice of Intent (NOO, using a form provided by the executive director, at least 2 days prior to commencing construction activities; or (c) if the operator changes, or an additional operator is added after the initial NOI is submitted, the new operator must submit an NOI at least two (2) days before assuming operational control; (d) post a copy of the NOI at the construction site in a location inhere it is readily available for viewing prior to commencing construction activities, and maintain the notice in that location until completion of the construction activity; (e) provide a copy of the signed NOI to the operator of any municipal separate storm sewer system receiving the discharge, at least two (2) days prior to commencing construction activities; and (f) implement the SWP3 prior to beginning construction activities Page 13 TPDES General Permit TXR150000 Effective Date of Coverage (a) Operators of construction activities described in either Part 11. D. I. or M. are authorized immediately following compliance with the conditions of Part 11. D. 1. or D.2. that are applicable to the construction activity. (b) Operators of all other construction activities eligible for coverage under this general permit, unless otherwise notified by the executive director, are provisionally authorized two (2) days from the date that a completed NO] is postmarked for delivery to the TCEQ. If electronic submission of the NOI is provided, and unless otherwise notified by the executive director, operators are provisionally authorized 24 hours following confirmation ofreceipt ofthe NOI by the TCEQ. Authorization is non - provisional when the executive director finds the NOI is administratively complete and an authorization number is issued for the activity. (c) Operators are not prohibited from submitting late NOls or posting late notices to obtain authorization under this general permit. The TCEQ reserves the right to take appropriate enforcement actions for any unpermitted activities that may have occurred between the time construction commenced and authorization is obtained. 5. Notice of Change (NOC) Letter If the operator becomes aware that it failed to submit any relevant facts, or submitted incorrect information in an NOI, the correct information must be provided to the executive director in a NOC letter within 14 days after discovery. If relevant information provided in the NOI changes, a NOC letter must be submitted within 14 days of the change. A copy of the NOC must be provided to the operator of any MS4 receiving the discharge. Signatory Requirement for NOI Forms, Notice of Termination (NOT) Forms, NOC Letters, and Construction Site Notices NOI forms, NOT forms, NOC letters, and Construction Site Notices must be signed according to 30 TAC § 305.44 (relating to Application for Permit). Contents of the NOI The NOI form shall require, at a minimum, the following information: (a) the name, address, and telephone number of the operator filing the NOI for permit coverage; (b) the name (or other identifier), address, county, and latitude /longitude of the construction project or site; Page 14 TPDES General Permit TXR 150000 (c) number of acres that will be disturbed (estimated to the largest whole number); (d) whether the project or site is located on Indian Country lands; (e) confirmation that a SWP3 has been developed and that the SWP3 will be compliant with any applicable local sediment and erosion control plans; and (f) name of the receiving water(s). Section E. Application to Terminate Coverage Each operator that has submitted an NO] for authorization under this general permit must apply to terminate that authorization following the conditions described in this section of the general permit. Authorization must be terminated by submitting a Notice ofTertination (NOT) on a form supplied by the executive director. Authorization to discharge under this permit terminates at midnight on the day the NOT is postmarked for delivery to the TCEQ. If electronic submission of the NOT is provided, authorization to discharge under this permit terminates immediately following confirmation of receipt ofthe NOT by the TCEQ. Compliance with the conditions and requirements of this permit is required until an NOT is submitted. Notice of Termination Required The NOT must be submitted to TCEQ, and a copy of the NOT provided to the operator of any MS4 receiving the discharge, within thirty (30) days, after: (a) final stabilization has been achieved on all portions of the site that is the responsibility of the permittee: or (b) another permitted operator has assumed control over all areas of the site that have not been finally stabilized; and (c) all silt fences and other temporary erosion controls have either been removed, scheduled for removal as defined in the SWP3, or transferred to a new operator if the new operator has sought permit coverage. Erosion controls that are designed to remain in place for an indefinite period, such as mulches and fiber mats, are not required to be removed or scheduled for removal. Minimum Contents of the NOT The NOT form shall require, at a minimum, the following information: (a) if authorization was granted following submission of a NOI, the petmittees site - specific TPDES general permit number for the construction site; Page 15 TPDES General Permit TXR150000 (b) an indication of whether the construction activity is completed or if the permittee is simply no longer an operator at the site; (c) the name, address and telephone number of the permittee submitting the NOT; (d) the name (or other identifier), address, county, and latitude /longitude of the construction project or site; and (e) a signed certification that either all storm water discharges requiring authorization under this general permit will no longer occur, or that the applicant to terminate coverage is no longer the operator of the facility or construction site, and that all temporary structural erosion controls have either been removed, will be removed on a schedule defined in the SWP3, or transferred to a new operator if the new operator has applied for permit coverage. Erosion controls that are designed to remain in place for an indefinite period, such as mulches and fiber mats, are not required to be removed or scheduled for removal. Section F. Waivers from Coverage The executive director may waive the otherwise applicable requirements of this general permit for storm water discharges from small construction activities under the terns and conditions described in this section. Waiver Applicability and Coverage Operators of small construction activities may apply for and receive a waiver from the requirements to obtain authorization under this general permit where: (a) the calculated rainfall erosivity R factor for the entire period of the construction project is less than five (5); (b) the operator submits a signed waiver certification form, supplied by the executive director, certifying that the construction activity will commence and be completed within a period when the value of the calculated rainfall erosivity R factor is less than five (5); and (c) the waiver certification form is submitted to the TCEQ at least two (2) days before construction activity begins. Effective Date of Waiver Operators of small construction activities are provisionally waived from the otherwise applicable requirements of this general permit two (2) days from the date that a completed waiver certification form is postmarked for delivery to TCEQ. Page 16 Section G TPDES General Permit TXR150000 Activities Extending Beyond the Waiver Period If a construction activity extends beyond the approved waiver period due to circumstances beyond the control of the operator, the operator must either: (a) recalculate the rainfall erosivity factor R factor using the original start date and a new projected ending date, and if the R factor is still under five (5), submit a new waiver certification form at least two (2) days before the end of the original waiver period; or (b) obtain authorization under this general permit according to the requirements delineated in either Part II.D.2. or Part II.D.3. at least two (2) days before the end of the approved waiver period. Alternative TPDES Permit Coverage Individual Permit Alternative Any discharge 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). Applications for individual permit coverage should be submitted at least three hundred and thirty (330) days prior to commencement of construction activities to ensure timely issuance. Individual Permit Required The executive director may suspend an authorization or NOI in accordance with the procedures set forth in 30 TAC Chapter 205, including the requirement that the executive director provide written notice to the permittee. The executive director may require an operator of a construction site, otherwise eligible for authorization under this general permit, to apply for an individual TPDES permit because of: (a) the conditions of an approved TMDL or TMDL implementation plan; (b) the activity is determined to cause a violation of water quality standards or is found to cause, or contribute to, the loss of a designated use of surface water in the state: and (c) any other considerations defined in 30 TAC Chapter 205 would include the provision at 30 TAC § 205.4(c)(3)(D), which allows TCEQ to deny authorization under the general permit and require an individual permit if a discharger "has been determined by the executive director to have been out of compliance with any rule, order, or permit of the commission, including non - payment of fees assessed by the executive director." Page 17 TPDES General Permit TXR150000 Any discharge eligible for authorization under this general permit may alternatively be authorized under a separate, applicable general permit according to 30 TAC Chapter 205 (relating to General Permits for Waste Discharges). Section H. Permit Expiration This general permit shall be issued for a term not to exceed five (5) years. Following public notice and continent, as provided by 30 TAC § 205.3 (relating to Public Notice, Public Meetings, and Public Comment), the commission may amend, revoke, caneel, or renew this general penult. If the TCEQ publishes a notice of its intent to renew or amend this general permit before the expiration date, the permit will remain in effect for existing, authorized, discharges until the commission takes final action on the permit. Upon issuance of a renewed or amended permit, permittees may be required to submit an NOI within 90 days following the effective date of the renewed or amended permit, unless that permit provides for an alternative method for obtaining authorization. In the event that the general permit is not renewed, discharges that are authorized under the general permit must obtain either a TPDES individual permit or coverage under an alternative general permit. Part 111. Storm Water Pollution Prevention Plans (SWP3) Storm water pollution prevention plans must be prepared for storm water discharges that will reach Waters of the United States, including discharges to MS4 systems and privately owned separate storm sewer systems that drain to Waters of the United States, to identify and address potential sources of pollution that are reasonably expected to affect the quality of discharges from the construction site, including off -site material storage areas, overburden and stockpiles ofdirt, borrow areas, equipment staging areas, vehicle repair areas, fueling areas, etc., used solely by the permitted project. The SWP3 must describe and ensure the implementation of practices that will be used to reduce the pollutants in storm water discharges associated with construction activity at the construction site and assure compliance with the terms and conditions of this permit. Individual operators at a site may develop separate SWP3s that cover only their portion of the project provided reference is made to the other operators at the site. Where there is more than one SWP3 for a site, permittees must coordinate to ensure that BMPs and controls are consistent, and do not negate or impair the effectiveness of each other. Regardless of whether a single comprehensive SWP3 is developed, or separate SWP3s are developed for each operator, it is the responsibility of each operator to ensure that compliance with the terms and conditions of this general permit is met in the areas of the construction site where that operator has operational control over construction plans and specifications or day -to -day operational control. Section A. Shared SWP3 Development For more effective coordination of BMPs and opportunities for cost sharing, a cooperative effort by the different operators at a site is encouraged. Operators must independently submit an NOI and obtain authorization, but may work together to prepare and implement a single comprehensive SWP3 for the entire construction site. Page 18 TPDES General Permit TXR150000 1. The SWP3 must clearly list the name and, for large construction activities, the general permit authorization numbers, for each operator that participates in the shared SWP3. Until the TCEQ responds to receipt of the NOI with a general permit authorization number, the SWP3 must specify the date that the NOI was submitted to TCEQ by each operator. Each participant in the shared plan must also sign the SWP3. 2. The SWP3 must clearly indicate which operator is responsible for satisfying each shared requirement of the SWP3. If the responsibility for satisfying a requirement is not described in the plan, then each permittee is entirely responsible for meeting the requirement within the boundaries of the construction site where they perform construction activities. The SWP3 must clearly describe responsibilities for meeting each requirement in shared or common areas. Section B. Responsibilities of Operators Operators with Control Over Construction Plans and Specifications All operators with operational control over construction plans and specifications to the extent necessary to meet the requirements and conditions of this general permit must: (a) ensure the project specifications allow or provide that adequate BMPs may be developed to meet the requirements of Part III of this general permit; (b) ensure that the SWP3 indicates the areas of the project where they have operational control over project specifications (including the ability to make modifications in specifications); (c) ensure all other operators affected by modifications in project specifications are notified in a timely manner such that those operators may modify best management practices as are necessary to remain compliant with the conditions of this general permit; and (d) ensure that the SWP3 for portions of the project where they are operators indicates the name and TPDES permit numbers for permittees with the day - to -day operational control over those activities necessary to ensure compliance with the SWP3 and other permit conditions. In the case that responsible parties have not been identified, the permittee with operational control over project specifications must be considered to be the responsible parry until such time as the authority is transferred to another party and the plan is updated. TPDES General Permit TXR 150000 2. Operators with Day -to -Day Operational Control Operators with day -to -day operational control of those activities at a project that are necessary to ensure compliance with a SWP3 and other permit conditions must: (a) ensure that the SWP3 for portions of the project where they are operators meets the requirements of this general permit; (b) ensure that the SWP3 identifies the parties responsible for implementation of best management practices described in the plan; (c) ensure that the SWP3 indicates areas of the project where they have operational control over day -to -day activities; (d) ensure that the SWP3 indicates, for areas where they have operational control over day -to -day activities, the name and TPDES permit number ofthe parties with operational control over project specifications (including the ability to make modifications in specifications). Section C. Deadlines for SWP3 Preparation and Compliance The SWP3 must be: (a) completed prior to obtaining authorization under this general permit; (b) implemented prior to commencing construction activities that result in soil disturbance; (c) updated as necessary to reflect the changing conditions of new operators, new areas of responsibility, and changes in best management practices; and (d) prepared so that it provides for compliance with the terms and conditions of this general permit. Section D. Plan Review and Making Plans Available The SWP3 must be retained on -site at the construction site or, if the site is inactive or does not have an on -site location to store the plan, a notice must be posted describing the location of the SWP3. The SWP3 must be made readily available at the time of an on -site inspection to: the executive director; a federal, state, or local agency approving sediment and erosion plans, grading plans, or storm water management plans; local government officials; and the operator of a municipal separate storm sewer receiving discharges from the site. Operators of a large construction activity obtaining authorization to discharge through submission of a NOI must post a notice near the main entrance of the Page 19 Page 20 TPDES General Permit TXR150000 construction site. If the construction project is a linear construction project (e.g. pipeline, highway, etc.), the notice must be placed in a publicly accessible location near where construction is actively underway. Notice for these linear sites may be relocated, as necessary, along the length of the project. The notice must be readily available for viewing by the general public, local, state, and federal authorities, and contain the following information: (a) the TPDES general permit number for the project (or a copy of the NOI that was submitted to the TCEQ if a permit number has not yet been assigned); (b) the name and telephone number of a representative for the operator; (c) a brief description of the project; and (d) the location of the SWP3. 3. This permit does not provide the general public with any right to trespass on a construction site for any reason, including inspection of a site; nor does this permit require that perminces allow members of the general public access to a construction site. Section E. Keeping Plans Current The perntittee must revise or update the storm water pollution prevention plan whenever: 1. there is a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants and that has not been previously addressed in the SWP3; or 2. results of inspections or investigations by site operators, operators of a municipal separate storm sewer system receiving the discharge, 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 F. Contents of SWP3 The SWP3 must include, at a minimum, the information described in this section. l . A site description, or project description must be developed to include: (a) a description of the nature of the construction activity, potential pollutants and sources; (b) a description of the intended schedule or sequence of major activities that will disturb soils for major portions of the site; Page 21 TPDES General Permit TXR150000 (c) the total number of acres of the entire property and the total number of acres where construction activities will occur, including off -site material storage areas, overburden and stockpiles of dirt, and borrow areas; (d) data describing the soil 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 (or maps) indicating the following: (i) drainage patterns and approximate slopes anticipated after major grading activities; (ii) areas where soil disturbance will occur; (iii) locations of all major structural controls either planned or in place; (iv) locations where stabilization practices are expected to be used; (v) locations of off -site material, waste, borrow, fill, or equipment storage areas; (vi) surface waters (including wetlands) either adjacent or in close proximity; and (vii) locations where storm water discharges from the site directly to a surface water body. (g) the location and description of asphalt plants and concrete plants providing support to the construction site and 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 this TPDES general permit. 2. The SWP3 must describe the best management practices that will be used to minimize pollution in runoff. The description must identify the general timing or sequence for implementation. At a minimum, the description must include the following components: (a) Erosion and Sediment Controls (i) Erosion and sediment controls must be designed to retain sediment on -site to the extent practicable with consideration for local Page 22 TPDES General Permit TXR150000 topography, soil type, and rainfall. Controls must also be designed and utilized to reduce the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water from the site. (ii) Control measures must be properly selected, installed, and Tiaitituined according to the manufacturer's or riecgner'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 as soon as practicable after discovery that the control has been used incorrectly, is performing inadequately, or is damaged. (iii) Sediment must be removed from sediment traps and sedimentation ponds no later than the time that design capacity has been reduced by 50 %. (iv) 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. (v) Controls must be developed to limit, to the extent practicable, offsite transport of litter, construction debris, and construction materials. (b) Stabilization Practices The SWP3 must include a description of interim and permanent stabilization practices for the site, including a schedule of when the practices will be implemented. Site plans should ensure that existing vegetation is preserved where it is possible. (i) 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. (ii) The following records trust be maintained and either attached to or referenced in the SWP3, and made readily available upon request to the parties in Pan III.D.I of this general permit: (a) the dates when major grading activities occur; (b) the dates when construction activities temporarily or permanently cease on a portion of the site; and TPDES General Permit TXR150000 (c) the dates when stabilization measures are initiated. (iii) Stabilization measures must be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, and except as provided in (a) through (c) below, must be initiated no more than fourteen (14) days after the construction activity in that portion of the site has temporarily or permanently ceased. (a) Where the initiation ofstabilization 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. (b) Where construction activity on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within twenty-one (2 1) days, temporary stabilization measures do not have to be initiated on that portion of site. (c) In and areas (areas with an average rainfall of0 to 10 inches), semiarid areas (areas with an average annual rainfall of 10 to 20 inches), and areas experiencing droughts where the initiation of stabilization measures by the 14th day after construction activity has temporarily or permanently ceased is precluded by seasonably and conditions, stabilization measures must be initiated as soon as practicable. 3. Structural Control Practices The SWP3 must include a description of any structural control practices used to divert flows away from exposed soils, to limit the contact of runoff with disturbed areas, or to lessen the off -site transport of eroded soils. (a) Sediment basins are required, where feasible for common drainage locations that serve an area with ten (10) or more acres disturbed at one time, a temporary (or permanent) sediment basin that provides storage for a calculated volume of runoff from a 2 -year, 24 -hour storm from each disturbed acre drained, or equivalent control measures, shall be provided where attainable until final stabilization ofthe site. 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 is required where attainable until final stabilization of the site. When calculating the volume of runoff from a 2 -year, 24 -hour storm event, it is not required to include the flows from offsite areas and flow from onsite areas that are either undisturbed or have already undergone final stabilization, if Page 23 Page 24 TPDES General Permit TXR150000 these (lows are diverted around both the disturbed areas of the site and the sediment basin. In determining whether installing a sediment basin is feasible, the permittee may consider factors such as site soils, slope, available area on site, public safety, precipitation pattems, site geometry, site vegetation, infiltration capacity, gemechnical factors, depth to groundwater and other similar considerations. Where sediment basins are not feasible, equivalent control measures, which may include a series of smaller sediment basins, must be used. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries (and for those side slope boundaries deemed appropriate as dictated by individual site conditions) of the construction area. (b) Sediment traps and sediment basins may also be used to control solids in storm water runoff for drainage locations serving less than ten( 10) acres. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries (and for those side slope boundaries deemed appropriate as dictated by individual site conditions) of the construction. Altematively, a sediment basin that provides storage for a calculated volume of runoff from a 2 -year, 24 -hour storm from each disturbed acre drained, or equivalent control measures, may be provided or 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. Permanent Storm Water Controls A description of any measures that will be installed during the construction process to control pollutants in storm water discharges that will occur after construction operations have been completed must be included in the SWP3. Permittees are only responsible for the installation and maintenance of storm water management measures prior to final stabilization of the site or prior to submission of an NOT. 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 storm water discharges from dedicated asphalt plants and dedicated concrete plants), and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges. TPDES General Permit TXRI50000 (d) Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel to provide a non - erosive flow velocity from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected. Approved State and Local Plans (a) Perrnittees must ensure the SWP3 is consistent with requirements specified in applicable sediment and erosion site plans or site permits, or storm water management site plans or site permits approved by federal, state, or local officials. (b) SWP3s must be updated as necessary to remain consistent with any changes applicable to protecting surface water resources in sediment erosion site plans or site permits, or storm water management site plans or site permits approved by state or local official for which the permittee receives written notice. Maintenance All erosion and sediment control measures and other protective measures identified in the SWP3 must be maintained in effective operating condition. If through inspections the permittee determines that BMPs are not operating effectively, maintenance must be performed before the next anticipated storm event or as necessary to maintain the continued effectiveness of storm water controls. If maintenance prior to the next anticipated storm event is impracticable, maintenance must be scheduled and accomplished as soon as practicable. Erosion and sediment controls that have been intentionally disabled, run -over, removed, or otherwise rendered ineffective must be replaced or corrected immediately upon discovery. Inspections of Controls In the event of flooding or other uncontrollable situations which prohibit access to the inspection sites, inspections must be conducted as soon as access is practicable (a) Personnel provided by the permittee and familiar with the SWP3 must inspect disturbed areas of the construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, and structural controls for evidence of, or the potential for, pollutants entering the drainage system. Sediment and erosion 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 fourteen (14) calendar days and within twenty four (24) hours of the end of a storm event of 0.5 inches or greater. Page 25 Page 26 TPDES General Permit TXR150000 Where sites have been finally or temporarily stabilized, where runoff is unlikely due to winter conditions (e.g. site is covered with snow, ice, or frozen ground exists), or during seasonal and periods in and areas (areas with an average annual rainfall of 0 to 10 inches) and semi -arid areas (areas with an average annual rainfall of 10 to 20 inches), inspections must be conducted at least once every month. As an alternative to the above - described inspection schedule of once every fourteen (14) calendar days and within twenty four (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. (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 Pan I11.F.8.(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 fourteen (14) calendar days and within twenty four (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 II1.F.8.(a) above. The conditions of the controls along each inspected 0.25 mile segment may be considered as representative of the condition of controls along that reach extending from the end of the 0.25 mile segment to either the end of the next 0.25 mile inspected segment, or to the end of the project, whichever occurs first. As an alternative to the above - described inspection schedule of once every fourteen (14) calendar days and within twenty four (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. (c) The SWP3 must be modified based on the results of inspections, as necessary, to better control pollutants in runoff. Revisions to the SWP3 must be completed within seven (7) calendar days following the inspection. If existing BMPs are modified or if additional BMPs are necessary, an implementation schedule must be described in the SWP3 and wherever TPDES General Permit TXR150000 possible those changes implemented before the next storm event. If implementation before the next anticipated storm event is impracticable, these changes must be implemented as soon as practicable. (d) A repon summarizing the scope of the inspection, names and qualifications of personnel making the inspection, the dates of the inspection, and major observations relating to the implementation of the SWP3 must be made and retained as pan 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 pan 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) The SWP3 must identify and ensure the implementation of appropriate pollution prevention measures for all eligible non -storm water components of the discharge. Part 1V. Numeric Effluent Limitations Section A. Limitations All discharges of storm water runoff from concrete batch plants that qualify for coverage, and that are authorized to discharge storm water under the provisions of this general permit must be monitored at the following monitoring frequency and comply with the following numeric effluent limitations: Parameter Total Suspended Solids Oil and Grease pH * If discharge occurs. Section B. Reporting Requirements Limitations Monitoring Daily Maximum Frequency 65 mg /I I /Year* 15 mg /I I /Year* between 6 and 9 standard units I /Year* Results of monitoring for determining compliance with numeric effluent limitations must be recorded on a discharge monitoring report (DMR). The DMR must either be an original EPA No. 3320 -1 form (Attachment 3 of this general permit), a duplicate of the form, or as otherwise provided by the executive director. Monitoring must be conducted prior to December 31" for each annual Page 27 Page 28 TPDES General Permit TXR150000 monitoring period. A copy of the DMR must either be retained at the facility or shall be made readily available for review by authorized TCEQ personnel upon request, by March 31" following the end of each annual monitoring period. If the results indicate the violation of one or more of these numeric limitations, the permittee must also submit the DMR to the TCEQ's Information Resources Center (MC 212) by March 31" of each annual monitoring period. Part V. Retention of Records The permittee must retain the following records for a minimum period of three (3) years from the date that a NOT is submitted as required by Part II.D. For activities that are not required to submit an NOT, records shall be retained for a minimum period of three (3) years from the date that either: final stabilization has been achieved on all portions of the site that is the responsibility of the permittee; or another permitted operator has assumed control according to over all areas of the site that have not been finally stabilized. Records include: A copy of the SWP3 plan. All reports and actions required by this permit, including a copy of the construction site notice. All data used to complete the NOI, if an NOI is required for coverage under this general permit. Part NIL Standard Permit Conditions I . The pennittee has a duty to comply with all permit conditions. Failure to comply with any permit condition is a violation of the 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. 2. Authorization under this general permit may be suspended or revoked for cause. Filing a notice of planned changes or anticipated non - compliance by the pennittee does not stay any permit condition. The permittee must furnish to the executive director, upon request and within a reasonable time, any information necessary for the executive director to determine whether cause exists for revoking, suspending, or terminating authorization under this permit. Additionally, the permittee must provide to the executive director, upon request, copies of all records that the pennittee is required to maintain as a condition of this general permit. 3. It is not a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce the pemtitted activity to maintain compliance with the permit conditions. 4. Inspection and entry shall be allowed under Texas Water Code Chapters 26 -28, Health and Safety Code §§ 361.032 - 361.033 and 361.037, and 40 Code of Federal Regulations (CFR) § 122.41(i). The statement in Texas Water Code § 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 TPDES General Permit TXRI50000 facility or site, but merely describes the commission's duty to observe appropriate rules and regulations during an inspection. The discharger is subject to administrative, civil, and criminal penalties, as applicable, under Texas Water Code §§ 26.136, 26.212, and 26.213 for violations including but not limited to the following: negligently or knowingly violating CWA, §§ 301, 302, 306, 307, 308, 318, or 405, or any condition or limitation implementing any sections in a permit issued under CWA, § 402, or any requirement imposed in a pretreatment program approve un er CWA, §§ 402(a)(3) or 402(b)(8); 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. All reports and other information requested by the executive director must be signed by the person and in the manner required by 30 TAC § 305.128 (relating to Signatories to Reports). Authorization under this general permit does not convey property or water rights ofany sort and does not grant any exclusive privilege. Part VII. Fees Section A. Application Fees An application fee of $100 must be submitted with each NOI for coverage of a large construction activity. A fee is not required for submission of an NOT or NOC letter. Section B. Water Quality Fees Large construction activities authorized under this general permit must pay an annual Water Quality Fee of $100 under Texas Water Code 26.0291 and according to TAC Chapter 205 (relating to General Permits for Waste Discharges). Page 29 Page 30 Appendix A. Periods of Low Erosion Potential by County Stan Date - End Dare Stan Date - End Date Stan Date - End Date Dec. d5 - Feb. 14 Nov. 15 - Apr. 30 Nov. 15 - Jan. 14 or Feb. 1 - Mar. 30 Archer Andrews Crockett Baylor Armstrong Dickens Brown Borden Kent Callahan Brewster Motley Childress Briscoe Val Verde Coke Carson Coleman Castro Stan Date - End Date Concho Crane Nov. 1 - Apr. 14 or Nov. 15 - Apr. 30 Cottle Crosby Dallam Dimmh Dawson Hockley Eastland Deaf Smith Lamb Edwards Ector Partner Fisher Floyd Ward Foard Gaines Hardeman Garza Start Date - End Date Haskell Glasscock Nov. I - Apr. 30 or Nov. 15 - May. 14 Trion Hale Bailey Jones Hansford Cochran Kerr Hartley Jeff Davis Kimble Howard Loving King Hutchinson Presidio Kinney Lubbock Reeves Knox Lynn Winkler Mason Martin Yoakum Maverick Midland McCulloch Mitchell Stan Date - End Date Menard Moore Nov. 1 - May. 14 Nolan Oldham Culberson Real Pecos Hudspeth Runnels Potter Schleicher Randall Stan Date - End Date Shackelford Reagan Jan. 1 - Jul. 14 or May. 15 - Jul. 31 or Stephens Scurry Jun. I - Aug. 14 or Jun. 15 - Sept. 14 or Stonewall Sherman Jul. I - Oct. 14 or Jul. 15 - Oct. 31 or Sutton Sterling Aug. I - Apr. 30 or Aug. 15 - May. 14 or Taylor Swisher Sept. I - May. 30 or Oct. 1 - Jun. 14 or Throckmorton Terrell Nov.I - Jun. 30 or Nov. 15 -Jul. 14 Tom Green Terry El Paso Uvalde Upton Wichita Start Date - End Date Wilbarger Stan Date - End Date Jan. 1 - Mar. 30 or Dec. I - Feb. 28 Young Feb. 1 - Mar. 30 Collingsworth Wheeler Zavala Hall Donley Gray Hemphill Lipscomb Ochiltree Roberts Attachment I TPDES General Permit TXR150000 CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality (TCEQ) Storm Water Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part H.D.I. of the TCEQ General Pennit Number TXR150000 for discharges of storm water runoff from construction sites. Additional information regarding the TCEQ storm water permit program may be found on the intemet at: www.mrec.state.tx.uar auuuue,..a,..,v",..,.... �_....,. __...- -_. Name and Phone Number: Description: [[Physical address or description of the site's stimated start date and projected end ate that disturbed soils will be ) For Construction Sites Authorized Under Part II.D.1. the following certification must be completed: I (Typed., Pnmcd Naar per Cu pinq Th., C- f—h --) certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization by waiver under Pan II.D.1. of TPDES General Permit TXR150000 and agree to comply with the terns of this permit. Construction activities at this site shall occur within a time period listed in Appendix A of the TPDES general permit for this county, that period beginning on and ending on . I understand that if construction activities continue past this period, all stone water runoff must be authorized under a separate provision of this general permit. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4 system. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Page 31 Page 32 Date Attachment 2 TPDES General Permit TXR150000 !tl14� MEOW CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Qualih (TCEQ) Storm Water Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part Il.D.2. of the TCEQ General Permit Number TXR150000 for discharges of storm water runoff from construction sites. Additional information regarding the TCEQ storm water permit program may be found on the internet at: .. r., n /u. rn� /tndestorm WWW.tH1 1—uu„i „�, .. .... i... .... .. .. ._...... ___ Contact Name and Phone Number: c O Project Description: a a (Physical address or description of the site ocation, estimated start date and projected end ' ate, or date that disturbed soils will be C� tabilized) Location of Storm Water Pollution Prevention Plan -- For Construction Sites Authorized Under Part II.D.2. (Obtaining Authorization to Discharge) the following certification must be completed: 1 (TypKd o. Primed name Pcraoo complaiag mws c,nalcat oo) certify under penalty of lame that I have read and understand the eligibility requirements for claiming an authorization under Part II.D.2. of TPDES General Permit TXR150000 and agree to comply with the terns of this permit. A storm water pollution prevention plan has been developed and implemented according to permit requirements. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4 system. 1 am aware there are significant penalties for providing false infornmation or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Page 33 Date c O c O a a U ' C� vo do Y a o C_ X X F VAX c F Cam Omc v « n E w p FB< % aL rw C iw� L F 61 7 m O U i Q _ .aN w w rr 6•� — — — Z W Co wed ¢w d ❑ X m Z7cci m o w a� O � y p z ° O o r m m i O ' O W O M w m w ¢ w aCi c7 ¢a? °O. Y E U igm NZO z "6 p Z O Q O < i p a o 3 w � o O n 2 O U � � o o N r p z fY a s v � F N U w F rr Q O ta] � F Z z w N >Z U G w J H 0 O UU U 6 Z a wOJ Iwo c c a a a a Y a Y a o rc ¢ d m m m m O ¢ W Y iw� w w rr u — — — — Z v a IL r ¢ ¢w X m m o o m a m 0 Z < a H z ° z w w n nw= R m O a° u 7 M m C- Appendix F Inspector's Qualifications INSPECTOR'S QUALIFICATIONS The following is a list of the inspectors presently employed by Project Compliance, LLC. Each of these inspectors might inspect this facility at some point during its construction. As new employees are added, their qualifications will be amended to this list. Danny J Miller Danny has been performing the required EPA inspections on permitted sites since October 1992. He has inspected while employed by Rodman Excavation and Project Compliance, LLC. He is certified by the Environmental Assessment Association as a Certified Environmental Inspector. He has attended the North Central Texas Council of Government's "Inspection of Storm Water Pollution Prevention Practices during Construction" course twice. As a company policy, twice during the year, inspectors are required to read the full Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 / Notices. He was involved with the SWP3 inspections of 45 permitted projects during 2001. William W Webster Bill has been performing the required EPA inspections on permitted sites since March 2000. He has inspected solely while employed by Project Compliance, LLC. He has attended the North Central Texas Council of Government's "Inspection of Storm Water Pollution Prevention Practices during Construction" course twice. He is currently involved as a TNRCC stakeholder as it pertains to the TNRCC's development of its permit. He has an MS in Chemistry from TCU. He has tested effluence samples for Mobil Oil in multiple countries throughout the World. As a company policy, twice during the year, inspectors are required to read the full Federal Register / Vol. 63, No. 128 / Monday, July 6, 1998 / Notices. Todd W Webster Todd has been involved with the NPDES permitting process since June 1993. He has inspected while employed by Knight Erosion Control, Storm Water Management, Inc, and Project Compliance, LLC. He has attended the North Central Texas Council of Government's "Inspection of Storm Water Pollution Prevention Practices during Construction" course and the course provided by the Dallas chapter of the AGC. He has had several sit down meetings with both Taylor Sharpe and Everett Spencer discussing Pollution Prevention plans and other compliance questions. He serves as consultant to APAC- Texas, Tiseo Paving Company, Lee Lewis Construction Appendix G Sample Inspection Report SWPPP 14 DAY SITE INSPECTION REPORT for COMMERCIAL CONSTRUCTION The following report was generated while inspecting all of the Measures /Areas addressed in the SWP3 or Erosion Control Plan. Project Name: Bethel School Road at Denton Tap Road Date: Permit Number: Contractor: Tiseo Paving, Inc Inspector: Qualifications: See Appendix F in SWP3 Site Conditions Reason for inspection: Erosion &Sediment Controls Installed Effective Notes /Locations of Maintenance needs Construction Entrance Sediment Traps Inlet Protection Stabilization Silt Fence Straw /Hay Bales Vegatative Buffer Strips Storage Area Discharge Areas Concrete Wash area Fuel Berm Is there a copy of the permit language with the SWPPP? Is the NPDES construction sign posted at the entrance? Bethel School Road at Denton Tap Construction Schedule: _te site is approximately in the following construction stage: SWPPP Modifications: Describe any modifications necessary to the SWPPP: Describe locations of any new BMP's necessary: Any Spills of reportable quantity: Violations to Report: Recommended Actions: Comments: If "Yes" have proper authorities been notified and the SWPPP been noted accordingly? I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those directly responsible for gathering the information, submitted is, to the best of my knowledge and belief, tru, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Inspector: Date: Bethel School Road at Denton Tap Appendix H Erosion Control Detail Sheets 36" wide filter fabric Compacted backfill i-i- 1-6mirl 1 FLOW 11 36" wide filter fabd nc_�'� 2" x 4" 14Ga. Welded wire 4' Metal "T" Post 2" x 4" 14Ga. Welded wire - - --- - - - - - - - - - - --- 10' On Center Reinforced Silt Fence Project Compliance, LLC Erosion Control Detail Standards DATE 36" wide filter fabric 4' Metal "T" Post or 4' Hardwood Post Compacted backfill _T 14,',•. ;::::. 1 -I- - 1 - I - I - 1 - I - I - I - I - I - I - I - IFi�!�i1 I �.; � •,�l; I - I - I - I - I - I - I - I - I - I - I - I I n_ - I- I- I- I- I- I- I- I -I -I - I :�: "r•• I I-I-1-I-1-I-I-I-I-I-I-I-I-1-I- '- I- I- I- I- I- I- I- I- I -I�-Y- - I- 1- I- I- I- I- I- 1- I- I- I- I- 1- I -I -I -' FLOW 36" wide filter fabri 4 4 Non - Reinforced Silt Fence Project Compliance, LLC Erosion Control Detail Standards 4 4 4 8' On Center DATE Feb. '03 n FRONT ELEVATION 36" Wide Filter Fabric to wrap under end of Sandbags Ensure 1 "- 1 1/2" gap exists between top edge of Fabric and top of Inlet opening. a i i" x 4" 6 Ga. Hog d Nire Reinforcement. Nire is cut and attached at angle points using iog rings . Curb Opening lags Curb —S— Inlet SECTION A - A Recessed Curb Inlet Protection Hoq Wire Weir Project Compliance, LLC DATE Feb. '03 Erosion Control Detail Standards Erosion Control Matting 4'or8' Varies by Y cit ----- - -� -�- Curb Erosion Control Matting both of driveway Project Compliance, LLC DATE Erosion Control Detail Standards Feb. '03 t .-I" LENGTH AS SHOWN ON PLANS GRADE M PREVENT RUNOFF FROM LEAVING SrnE --\ PROFILE VIEW N.T.S. •.•....•• •..••.•.. •••.••. ��:�f'•......•o •••••.. i�• �oi �fiii�.•• �iii�.�•• �' �i� i� • �riiiiiii' �ii•�•iii.'• ••.. •.•• ...•00..•..••. �.• ••. •..... •. ••...•••.•.t'..• �•O.. ••f.•i.. •. •.•• ..••. •..• •.•..•• •..•• •• •100 • a. « STABILIZED CONSTRUCTION S'� `°�"cm mcn7cm°_ ENTRANCE JAN •98 o 07 NCTCOG Construction BMP Manual 9-29 June 1999 4w �00 ��0� FLOW I Ir MIN. FJOW —1 11 -1 1 1-111-1 CROSS SECTION N.T.S. WOVEN WIRE SHEATHING — 'sA� WOVEN WIRE SHEATHING ISOMETRIC PLAN VIEW N.T.S. 3 TO 4 INCHES ROOKBERM North Comt-ol tom E.ind of `0" w Ls STANDARD SPEanCATON REFERENCE DATE STANDARD DRANWG Na JAN. 99811060A NCTCOG Construction BMP Manual 9 -25 June 1999 1. USE ONLY OPEN GRADED ROCK 4 -8 INCHES IN DIAMETER FOR STREAM FLOW CONDITION. USE OPEN GRADED ROCK 3 -5 INCHES IN DIAMETER FOR OTHER CONDITIONS. 2. THE ROCK BERM SHALL BE SECURED WITH A WOVEN WIRE SHEATHING HAVING A MAXIMUM OPENING OF 1 INCH AND A MINIMUM WIRE SIZE OF 20 GAUGE AND SHALL BE BURIED IN A TRENCH APPROXIMATELY 3 TO 4 INCHES DEEP. 3. THE ROCK BERM SHALL BE INSPECTED EVERY TWO WEEKS OR AFTER EACH 1/2" RAIN EVENT AND SHALL BE REPLACED WHEN THE STRUCTURE CEASES TO FUNCTION AS INTEDED DUE TO SILT ACCUMULATION AMONG THE ROCKS, WASHOUT. CONSTRUCTION TRAFFIC DAMAGE, ETC. 4. WHEN SILT REACHES A DEPTH EQUAL TO ONE -THIRD OF THE HEIGHT OF THE BERM OR ONE FOOT. WHICHEVER IS LESS, THE SILT SHALL BE REMOVED AND DISPOSED OF PROPERLY. 5. WHEN THE SITE IS COMPLETELY STABILIZED, THE BERM AND ACCUMULATED SILT SHALL BE REMOVED AND DISPOSED OF IN AN APPROVED MANNER. 6. ROCK BERM SHOULD BE USED AS CHECK DAMS FOR CONCENTRATED FLOW AND ARE NOT INTENDED FOR USE IN PERIMETER PROTECTION. ROCK GERM Rvih �bd E� d �is STANDARD WfOr J1TION RE MNU GATE STANDARD ORAUNG N0. JAN. 998 1060B NCTCOG Construction BMP Manual 9 -26 June 1999 Appendix I SWP3 Certification Statement .............................. eo........ n ........................... ST ............................ ................... . �10%29�%2005 08:20 FA% 97237!90047 Tisea Pavin6 -� STORM I�j�002 Fmm: Todd Web4w To: TwAw Pa*q Oalr-- IM CM Ttme:11:10:48 PUI Pepe S d4 Storm Water Pollution Prevention Plan Certification Certification Statement Pttryest Nome Bethel School Road at Dentm Tap Rea& - Tius =Miz" is prepared for oo mlianue; with the Cse1w d Penult tP �ffttdtte tzttdar p4�►illiollS of Scotian 402 of the acan Water Ad and C'bVwr 26 ofthe Texas Water Code and may used is the Storm Wker Pollution P'revertion Plan (S1WP3). All paw that either individually, or talon together, meet the definition of "operator," must be permitted and sign a S WP3 coriifikation. Each of these parties must have separate and distinct TPDES pm7nit nm ub= (e.g. a zgNf rte permit is typically needed for each fhraraVevelapar, tarcral Cor,ErareMr, a n&or$uildao. This forma wz a prepared as a gLziddine and it is not a required fomr for use with the permit ibis. informatiou may be displayed in alternative form or formats within guidelines Bet forth in the pemdt. I certify underpenalty of Law that this dowmewd and all attabments were pnVarrad undermy direction or supervision in accordance with a system designed to assure 1ba qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person of persons who manage the system, or those persons directly regm msible far gathering the infonmatim tine influrmatim submitted is, to the best of my knowledge and belief, true, acum tte, and complete. i am aware that there are significant penalties for submitting false information, includingthe possibility of fine and imprisonment for knowing violations. Pertrdt No. Ogmysmy re' Date Nttu m Printed 'XRI5 T~ Pan"' koc .-- eaf.o L�tIiC if Ed 15 City at CoppeU XR15 R15 "Persons signing this certification must do so in compliance with the signatory requirmenu of the permit as fowid at Part VLG. of the permit For a corporation: by a respaisible corporate officer. This means a 1'r aWant. V ica- 13esidera, Secretary. Trier, Manager of one or more facilities employing 250+ persons. or Mwzger for expenditures exceeding $25,000,000 (m 2na Quarter 1980 doUws))- Far a parmersMp or sale - by a menerai par ur or the proprietor. For a Mumkipality, Singe, Fe4emL or other public agency: a prrrmipai executive officer or rsniang elected of$ciaL Appendix J Construction Site Notice ................................. ............................... 10/29/2003 08:20 FAX 9723790047 Front: Todd W To: ?Woo PavbV ................................................. ............................... ...................... Tiseo PavinES -� STORM C�j�001 0ate:1Qa52= 'rMw' 11:1CM$ PM Page 2of4 Attachment Z TPDES General Permit TXRl50000 CONSTRUCTION SITE NOTICE FOR THE Texas Cowmois dan at Environmental Quality (TCEQ) storm water Pam TPDES GENERAL PERAM TXR150000 The following information is posted in compliance with Part MD2. of the TCEQ General Permit Number TXR150000 for discharges of `)form wrier runoff from constr c ion sites. Ad fta nal information regarding the TCEQ storm wader permit program may be found on the intomet at: Contact Name and Phone Number: 1 Robert Caudiu =.289.0723 Est. Start Date: 11/4r"3 Project Description: I Est Comp Date, 1114r.M4 inGUdi BStI fil8ted slats bate and eeted 'like pajcct is lcoWxd in 11u Cfity of Canwk Dallas COMA X, Texas ( 32 57 37' lei and % ( r� pre 5V 37' L=kS). 'ilia told a=mp involved is appraaumately 1.15 aaocs, alt of which wZ be end date, or dale that disturbed soils v411 be mrbed at name paixrt dtoa g ca trccticv, The oprislrt> a wr71 ra�iat of mass stabilized) A1twtLMiiea=tu be ac ed twitlmt tht properly iiraits of the pmjeas No offer aWvhyis aW=pzted at ins tinst Looatiori of 5t�arm Water Poi tioh sathel school Road at LWff( tt Top road Lneo ravmg, MO Bethel school east ofDent= Tap & 414 E Hwy 80 Prevention Plan: I Copper Texas 75019 Dallss, Testes 75150 certification must be completed: I Loa 1 S Is e-6 F (typed at Printed Name Pawn Comoeting This Catfim m) Certify 1-0- penalty of law that 1 have read and unUtstaud the eligibility requirements for claiming an authoriza m under Part II.D2_ of TPDES General Permit TX R 150000. A storm water polhstion prevention plan has been developed and implemented according to permit requirements. A copy of this signed mice is supplied to the operator of the M94 if discbarges enter an MS4 system. I an aware there are signiflwasrt penalties for providing false information or for c 07 zed discharges, including the possibility offute and imprisonment for knowing violations. i Title Daft Appendix K "Delegation of Authority" letter 10�29%200a U8:2U FA% 972x29004'7 From: Todd Ulfebetw To; Mwo ftyiea :ccutive Director" tit Water & General Permits Teat*; MC 22$ +. Bas 130$7 itin, Texas 78711 -3057 TPDES Storm Water G meral hermit No. ..................................... ............................... ................ Tise0 Paving -+ STORMI00� Dace: 1000M 43 Timms 11.itk 4 PU Pape 4 of 4 Delegating an "Authorized Representative" Bethel S&001 Road at Detdm Tap Road - Coppmk Terns tr Director. This letter serves to designate citlxer a person or specifically described position as an authorized person for ling reports, storm water pollution prevention pleas, ccrtificationa or other information requested by the Director or airrrd by the permit This authorization cannot be used for signing an TPDES permit application (e.g. Notice of tit (NOI)) in accordance with 40 CFR 122.22. The following person or positim is hereby authorkod to siigst. xuposts, 1s or cer ificatious other than the NOI application: An emnloyo of Project 9 mpli LLC 14-Day and 112" storm evetd insveetions By signing this authorization, I confirm that I meet the following requirements to make such a ,nation as sat forth in 40 CFR 122.22 For a corporafiae: by a responsible cogpiwat a officer. For the ptiuposa of tb ds seadon a responsible eacporate aiiaeer >a mw- a ptrsbdent secretly, t vastuw, or vice- presidew of the c o pomdon in d wp of a p inoW busirms function or any other person who pft*c s similar policy or decision making fimptams far tore cogxNadon; or the manager of moor more m anufachrip& production or operating facilities employing more than 250 persons or having gross anwtal sales or expenditures ®receding $25,000,000 (in second quarter 19$0 dollars) if al d atity to Sign doarri>a&4" has been assigned or dalegated to the manager is accordance with corporate procedures. For a patlnership er'sole pAcptieton4: by a general partner or the proprietor, respectively. Par a sa =cgnlity, State. Federal or other public agetrclr by eitheC a P oneipal executive -m—r or raul®g elected olEc ial. For purposes of this sco6or6 a primipal e%ecwive officer of a Federal agency inehules (I) the chief executive officer of the agency, or (2) a senior executive oTworhaving rosponsildity for tlio overall operations aeprIuVal geopraphio unit of ilia egcnoy (e.g. liaVonel Administrators of EPA). "I certify under penalty of law that this document and all a#Achmrnb we= prepared under may direction or ervision in accordance with a syston designed to assure that qualified personnel properly gathered and evahnnIed information submiducL Based on my inquiry of the person or persons who manage the system, or those persons :ctly respottsible for gathering the innformation, the information aubwitted is, to the best of my knowledge and WL true, accurate, and complete. i am aware that the= are significant penalties for submitting false information, hiding the possibility offine and imprisonment for knowing violations." /,062 MUM SECRETARY TREASURER Title Data