ST0102-CS021115T H E · C I T Y O F
COPPELL
'2.
P.O. Box 478
255 Pah~'way Blvd
Coppell, TX 75019
Phone: (972)304-3679
Fax: (972)304-7041
ENGINEERING DEPARTMENT
FAX CO VER SHEET
To: Jack Evans From: Suzan Taylor
Fax-. 972-235-9544 Date: November 15,2002
Phone: Pages: 3 (including cover sheet)
Re: Ruby Road cc:
[] Urgent []For Review [] Please Comment [] Please Reply [] As Requested
*Comments:
We do not have to obtain a permit for municipal projects until after March 10, 2003.
We are going to be covered under the storm water permit and will not have to file an
NOI for our municipal proiects, iust prepare a SWP3. Since Ruby Road will not be
authorized under an existing permit, it appears to me that we do not have to obtain a
new permit for an on-going project. Let me know if you find out differently.
IF YOU DO NOT RECEIVE ALL OF THE PAGES PLEASE CALL (972) 304-3679
"City of Coppell Engineering - Excellence By Design"
Explanation
All construction activities disturbing greater than 5 acres have been regulated by the EPA since
1993. Cities under 100,000 in population have been exempt from the NPDES requirement for
their own public construction activities (40 CFR 122.26(e)(1)(ii) and (g)). The NPDES
regulations stipulated that municipalities with a population of less than 100,000 were exempt
from requirements to apply for or obtain a permit for any storm water discharge associated with
an "industrial" activity until August 7, 2001 (construction activities disturbing 5 or more acres is
defined as an industrial activity under the NPDES regulations). The Phase II Final Rule
extended the August 7, 2001 expiration of the exemption to March 10, 2003. Also after March
10, 2003, small construction activities (those that disturb between one and five acres) will also
be regulated.
This means that after March 10, 2003 all local governments will be required to obtain coverage
for their own public construction projects that disturb greater than one acre. Section III.A.7. of
the TPDES MS4 permit contains provisions whereby the MS4, where it is the construction site
operator, may obtain coverage for discharges associated with their own construction activities.
Contractors on municipal projects also would not have to be covered under a separate permit
where the MS4 is the operator under conditions established by this provision. **
Section VII. contains the requirements that local governments must comply with in order to
obtain permit coverage under this provision. These requirements are nearly identical to those
found in TPDES General Permit TXR150000 (General Permit to Discharge Waste from
Construction Sites). The primary advantage for local governments is that there is no need to
submit an NOI and pay permit fees to the state for coverage under the construction permit for
each construction activity. A Storm Water Pollution Prevention Plan for each small and large
construction activity must still be prepared and implemented. MS4s are required to summarize
in the annual report pertinent information related to the construction activities performed in the
previous year.
Local governments that choose not to include this component in their storm water management
plans must obtain separate coverage for their construction activities that disturb greater than
one acre under TPDES General Permit TXR150000 (General Permit to Discharge Waste from
Construction Sites).
* other than an airport, power plant, or uncontrolled sanitary landfill owned or operated by such
municipality
** Construction Site Operator - The MS4 operator associated with a construction project that
meets all of the following criteria:
(a)
the operator has operational control over construction plans and specifications to
the extent necessary to meet the requirements and conditions of this general
permit; and
(b)
the operator has day-to-day operational control of those activities at a project
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).