On March 5, 2018 the current Texas Commission on Environmental Quality’s (“TCEQ”) General Permit to Discharge under the Texas Pollution Discharge Elimination System (“TPDES”) will expire. A new TPDES General Permit will take its place.

All projects that are currently permitted and that will not reach final stabilization (the condition required to terminate Permit coverage) prior to June 4th, 2018 must be permitted under the new General Permit.

For Small Construction Sites (those whose total area disturbed is equal to or greater than one acre and less than 5 acres or are part of a “common plan of development” whose disturbed area is greater than 1 acre and less than 5 acres) obtaining new permit coverage requires the following:

• All Operators are to complete and execute a new Small Construction Site Notice (“SmCSN”);
• Provide copies of the SnCSNs to the Municipal Separate Storm Sewer System (“MS4”) – typically the City within which the project discharges;
• Remove the old SmCSNs from the site posting;
• Post the new SmCSN;
• Update the project’s SWP3 with the new paperwork.

 

For Large Construction Sites (those whose total area disturbed is equal to or greater than 5 acres or are part of a “common plan of development” disturbing 5 acres or greater) obtaining new permit coverage requires the following:

• All Primary Operators are to complete and execute a new Notice of Intent (“NOI) for the project;
• Primary Operators are to complete a new Large Construction Site Notice (“CSN”) – “Primary Operator” Notice;
• All Secondary Operators are to complete and execute a new Large Construction Site Notice (“CSN”) – “Secondary Operator” Notice;
• Primary Operators mail the NOI and Permit fee to the TCEQ;
• Primary Operators must provide copies of their NOIs to the MS4;
• Secondary Operators must provide copies of their CSNs to the MS4;
• Remove old CSNs from the site posting;
• Post the new Primary and Secondary Operator CSNs;
• Update the project’s SWP3 with the new paperwork.