Frequently Asked Questions
FAQs: Table of Contents
A. Low Impact Development BMPs
B. Post Construction BMP Inspections for MS4 Compliance
C. Construction General Permit (CGP)
D. Multisector General Permit (MSGP)
E. Municipal Separate Stormwater System Permit (MS4)
F. Hazardous and Industrial Waste
G. MS4 Good Housekeeping Pollution Prevention
H. Other Environmental Programs
A. Low Impact Development BMPs
LID practices are stormwater treatment systems that allow rainwater to infiltrate into the surface and subsurface for slowing down runoff and removing pollutants. This development differs from typical development that directs flow from a hard surface to concrete pipe conveyance then into a creek at high velocity. LID development practices treat flow from smaller drainage areas, include soils, plants and trees rather than open dry ponds, and blend into the urban setting rather than being put to the back side of it out-of-site. Permeable pavements (such as pavers) infiltrate and treat stormwater and can replace concrete sidewalks, asphalt parking lots and asphalt parking spaces.
Wet ponds, biofiltration areas, permeable interlocking concrete pavers (PICP), green roofs, grassy swales, rainwater harvesting cisterns, permeable concrete, permeable asphalt, and proprietary in-ground systems. There are many more being developed on the market every day to help manage and treat stormwater.
Yes, a LID practice can be built in a treatment train where water quality for the more frequent storm events (1-2 inch/hour) is treated and larger storm events (10-year, 25-year, 100-year) are bypassed and treated in traditional detention ponds and/or sand filters.
In general, water quality ponds and sand filters are large units that treat large drainage areas (>5 acres) often located in a remote, out-of-site location on the back side of a property. The LID practices treat smaller drainage areas (<5 acres) at the source of the runoff to infiltrate and reduce the amount of runoff rather than just convey it downstream. This breaks the accumulation of runoff so that large piping systems are not necessary and large end-of-pipe ponds are not required. Treatment and runoff reduction occurs in small practices that blend into and beautify the urban setting. Stormwater is managed as an asset through reuse of water for plants, creating beautiful water features onsite, and recharge to the aquifer.
At least annually. Frequent plant maintenance as in any landscaped area is recommended. No use of fertilizers or pesticides is allowed or needed.
B. Post Construction BMP Inspections for MS4 Compliance
A detention pond is one kind of a post construction BMP that manages storm flows. Others are sand filters, retention ponds, wet ponds, biofiltration areas, permeable pavers, green roofs, grassy swales, rainwater harvesting cisterns, permeable concrete, permeable asphalt, and proprietary in-ground systems. There are many more being developed on the market every day to help manage and treat stormwater.
Many local ordinances and land development codes require routine maintenance and inspection. Phase II MS4 permits require operators to develop a stormwater ordinance by Year 2 of their permit to include, among other things, a requirement for inspection and maintenance of post construction BMPs.
It depends on the ordinance language. Some cities do require a professional engineer to do the inspection and certify that the BMP was built and functioning per the design.
In most cities the owner of the property is responsible for this function. The owner can hire professionals to do the actual inspection and maintenance, or for routine maintenance, can include it in the landscape contractor’s duties. Training is recommended to make sure sound practices are followed and application of fertilizer and pesticides, for example, is prohibited in BMPs.
C. Construction General Permit (CGP)
Coverage is required if the total area of disturbed soil will be greater than 1 acre. IMPORTANT: The area of disturbance includes the area of an equipment laydown space or yard even if it is not contiguous to the site. Disturbed soil can occur from construction, demolition, flood recovery land restoration, utility installation and street mill and overlay projects, to name a few. The CSN, NOI (for large sites) and SWPPP must be prepared and certified prior to ANY dirt disturbing activities except installation of SWPPP controls.
The CSNs should be posted at the front of a construction site, along with the NOI if the site is a large construction site. The notice must be visible and easy to read by the public from the site boundary. If the CSN and/or NOI are not posted, the site is in violation of the CGP and a fine by TCEQ can be issued immediately. According to TCEQ inspectors, the CSN signifies that the site is covered by the CGP and failure to post is like operating without a permit.
The primary operator can conduct the inspections or delegate another person to conduct them through an official letter to the Texas Commission on Environmental Quality. The inspector must meet requirements in certain cities to be considered a Qualified Personnel per the Construction General Permit. These requirements include being a Professional Engineer, or a Certified professional (CISEC or CESSWI) through IECA or EnviroCert. These requirements can usually be found in a city’s MS4 stormwater ordinance for Phase II cities, or other policies.
The general contractor, owner or a representative assigned by either. The preparer must meet certain qualifications in some cities such as being a professional engineer or being a Certified Professional in Erosion and Sediment Control (CPESC) by EnviroCert. These requirements can usually be found in a city’s MS4 stormwater ordinance for Phase II cities, or other policies.
The Construction General Permit allow you to have up to 7 days or before the next rain event whichever is sooner to make the repairs. However, if a best management practice was intentionally damaged or removed, it must be replaced immediately. Additionally if a threat of release of sediment or other pollutant to stormwater or to the environment is imminent, it must be repaired immediately.
Yes, the Construction General Permit for Texas does require cleanup of any offsite transport of sediment or chemicals. If sediment or other pollutants have migrated to another MS4 system, that system operator must be contacted to coordinate and approve of the removal measures.
D. Multisector General Permit (MSGP)
August 14, 2016 is the effective date of the TCEQ Industrial Multi-Sector General Permit
Quarterly visual monitoring, and annual sampling of all representative outfalls.
Yes, all sectors have these two requirements. The hazardous metals are: arsenic, cadmium, chromium, copper, lead, manganese, mercury, nickel, selenium, silver and zinc. Some sectors have additional analyses that must also be run. The annual compliance assessment and annual metals sampling must be completed before December 31st of each permit year.
No, but it helps to ensure an accurate, complete permit and Stormwater Pollution Prevention Plan.
Common findings are mismanagement of waste, poor housekeeping practices in the outdoor environment, failure to keep up inspection and sampling data forms, not conducting training or having poor attendance, and failure to keep rainfall records according to the permit requirements.
E. Municipal Separate Stormwater System Permit (MS4)
Education and Outreach, Illicit Discharge Detection and Elimination, Construction, Post Construction BMP Maintenance, and Good Housekeeping and Pollution Prevention. Each MCM is an integral part of the Stormwater Management Program and each plays a key role in helping to reduce pollutants in stormwater runoff from entering our streams.
MCM-2 IDDE, MCM-3 Construction, MCM-4 Post Construction BMPs and MCM-5 Good Housekeeping and Pollution Prevention. The frequency of inspection varies per MCM with Construction being the most frequent (generally weekly) and the others either annually or semiannually per the MS4’s discretion.
Photographs of activities are good to keep throughout the year and add interest to the annual report. Quantitative records are most valuable and include among other things: number of hours trained, number of IDDE incidents investigated, number of pounds of waste managed, number of inspections conducted, number of participants in an outreach activity, number of miles of street swept and number of inlet markers installed. There are many good examples of annual reports on MS4 websites that provide many additional kinds of data to keep and report.
The permit is renewed every 5 years. For permit renewal in Texas, an applicant will update and resubmit their Notice of Intent to the TCEQ in Texas, pay the application fee, and update their Stormwater Management Plan to keep onsite. It is important to carefully read the renewed permit to make sure the NOI and SWMP address all requirements. Some may have changed or were added since the last permit.
No, there will be no more Phase I Permits issued by the EPA or TCEQ. All new urbanized areas will be covered under the Phase II program that allows for different level categories, depending on the population of the city.
F. Hazardous and Industrial Waste
You need to determine if it is a hazardous waste by looking at the definitions in 40CFR261. Old gasoline for example may have a flashpoint of less than 140 degrees F making it hazardous due to ignitability (D001). Municipal hazardous waste must be disposed of following the requirements found in 40CF4264 and 30TAC335. Municipalities are not exempt from hazardous waste regulations. Chemical waste that does not meet the definitions of hazardous are classified as industrial waste in Texas (Class 1,2, or 3) and must be managed according to 30TAC 335 Subchapter R.
A satellite accumulation area is a space designated to hold hazardous or industrial waste for subsequent pickup by a permitted disposal or recycle facility. It can hold up to 55-gallons of hazardous waste or 1 quart of acute hazardous waste and is usually near the point of generation. If the volume is exceeded, then pickup is necessary within 3 consecutive days. There are requirements for SAAs that the generator must adhere to. 40CFR264.34(c)(1) lists those requirements.
If waste is stored in a satellite accumulation area, there is no time limit, but there is a volume limit of 55 gallons or 1 quart of acute hazardous waste. Waste stored in a Container Accumulation Area (CAA), such as a waste building or centralized location, has a 90-day storage limit for large quantity generators. Small quantity generators can accumulate waste for 180 days as long as the volume does not exceed 13,200 pounds. The volume is not the driving factor for large quantity generators, but the accumulation time is. The time begins on the date the waste is placed in the CAA. See 40CFR 262.30 and 262.34 (d).
A large quantity generator is one that generates greater than 2200 pounds of hazardous waste a month or 2.2 pounds of acute hazardous waste a month. A small quantity generator generates greater than 220 pounds but less than 2200 pound per month of hazardous waste.
Large quantity generators must report annually the volume of waste shipped offsite for disposal or recycle, and in Texas the waste minimization efforts they achieved annually. This is done in Texas with the Annual Waste Summary report (due electronically March 1st) and the Pollution Prevention Annual Progress Report (due July 1st)
G. MS4 Good Housekeeping Pollution Prevention
The most common and most effective practices for chemical or material storage are: Containment, cover or store indoors, signage, designated space, spill kits and clutter minimization. Other good housekeeping practices are good use of vertical space, storing like things together in a labeled space, and old equipment inventory recycle, disposal or auction practices.
A city-owned property or building where the functions of maintaining the city’s assets reside. Higher priority facilities are those that use chemicals or generate chemical waste such as: fleet maintenance shops, water treatment plant, wastewater treatment plant, public services yards, parks shops, fire stations, police departments, and household hazardous waste buildings. These are just examples and there are many others that may present a medium risk and low risk to the environment. Other Phase II MS4s such as universities, military bases, and Department of Transportation Districts have “municipal type” facilities since they are not actually a municipality.
It depends on what you have specified in your Good Housekeeping Pollution Prevention program that is required by Minimum Control Measure 5 of the MS4 program. Generally, an initial assessment of a facility is done followed by at least annual inspections. Semiannual inspections are also advisable for high priority facilities to provide additional support for good practices.
Good Housekeeping and Pollution Prevention practices are required by all three NPDES stormwater programs: the Municipal Separate Stormsewer System (MS4) program for municipalities, the Multisector General Permit (MSGP) for industrial sectors and the Construction General Permit (CGP) or small and large construction sites. Each permit has a section describing the GH/PP measures required by the permit for protection of stormwater runoff.
The most common practices that apply to any kind of industry, municipality, university, or Department of Transportation facility include containment of chemicals, spill kits, cover, and signage. These simple practices are the most effective at keeping chemicals from spilling onto the soil and keeping pollutants from the stormwater runoff. They also make for a safer work environment for employees well-being.
H. Other Environmental Programs
A Spill Prevention Control and Countermeasures Plan (SPCC) is required for any entity that has more than 1320 cumulative gallons of petroleum hydrocarbons in static storage in containers that are greater than or equal to 55 gallons. So if your campus or municipality has a 1000-gallon diesel tank on a generator along with several 55-gallons of new oil and a 200-gallon used oil tank, you would have more than 1320 gallons of petroleum hydrocarbons in static storage and would need a facility SPCC Plan.
Not necessarily. For facilities with less than 10,000 gallons of above ground storage and no single container over 5000 gallons, the owner can self certify the plan. If this condition is not met then, a P.E. is required to seal the plan and the review the plan every 5 years. If major changes occur in the facility (i.e. new additions of static storage units greater than 55-gallons in volume, change in operational procedures, change of equipment storing over 55-gallons of oil, etc), a P.E. must make those changes. Small editorial changes can be made by operations personnel.
A Tier II report is a reporting of your chemical inventory to the regulatory agency, local fire departments and Local Emergency Planning Committee (LEPC) on an annual basis by March 1st. The report cover chemicals in storage at your facility in quantities of greater than or equal to 10,000 pounds. For chemicals on the Extremely Hazardous Substances list, reporting is required if the amount on site is greater than the Threshold Planning Quantity or 500 pounds (whichever is lower). In Texas the free Tier 2 Submit program is used and reports are sent electronically to the Texas Commission on Environmental Quality.
A Delisting Petition is a formal process of submitting information to EPA to remove a waste code listing from a hazardous waste stream. It generally is applicable to mixtures of water and/or solid waste and a listed waste and the process is found in 40CFR260.22. It includes a detailed sampling plan and subsequent collection of sample data to enter into a risk-based model provided by EPA. In Texas a number of large waste streams have been delisted and managed as non-hazardous waste using this process. It is very helpful for your waste minimization and pollution prevention goals for your facility.
The TRRP is used to determine cleanup levels for both legacy spills (historic contamination) and new spills. Tables in the rule contain Protective Concentration Levels (PCLs) for soil and groundwater. The PCLs are based on the size of the site/spill and whether you are cleaning up to residential, industrial or soil-to-groundwater protection pathways. They can be found in 30TAC350.
Schedule a free training or consultation
Elizabeth Arceneaux, P.E.
Registered Professional Engineer in the State of Texas: #77102
TBPE Firm Registration No. F17865
HUB Certified: 1811443435200
Phone 512-644-1927
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