TCEQ ISSUES STATE GENERAL PERMIT FOR
 STORMWATER DISCHARGES FROM
 CONSTRUCTION ACTIVITIES

The Texas Commission on Environmental Quality ("TCEQ") recently approved a general permit to authorize stormwater discharges relating to construction activities (the "CGP") on both small (1 to 5 acres) and large projects (5 acres or more) within the State of Texas. The permit was approved as part of the continued implementation of the Texas Pollutant Discharge Elimination System ("TPDES") program, which implements the federal National Pollutant Discharge Elimination System ("NPDES") program in Texas.

Until the TPDES CGP was issued, all large projects were required to obtain authorization for their construction-related stormwater discharges under the NPDES CGP, which was administered by the U.S. EPA. The state and federal permits are substantially similar in most respects, with two major exceptions. First, the TPDES CGP also implements permitting requirements for small (less than five acres) projects, which had not been subject to permitting requirements under the EPA's program. Second, unlike the EPA permit, the TPDES CGP does not contain specific conditions to permit coverage regarding compliance with the Endangered Species Act ("ESA"). Nevertheless, all permittees are individually responsible for ensuring that their activities do not result in the "take" of listed species, which is prohibited by section 9 of the ESA.

The procedure for obtaining authorization under the TPDES CGP is also similar to its federal counterpart. Prospective permittees must develop a Stormwater Pollution Prevention Plan ("SP3") according to the guidelines in the permit, and then submit a "Notice of Intent" ("NOI") form to TCEQ at least two days prior to commencing construction activities. All ongoing projects that were covered by the EPA's CGP must submit the NOI required for authorization under the new TPDES CGP by July 5, 2003.

A copy of the new CGP and the NOI form are available from TCEQ through the link below. For more information, please contact Alan Glen at aglen@smith-robertson.com, or Craig Douglas at cdouglas@smith-robertson.com.

http://www.tnrcc.state.tx.us/permitting/
waterperm/wwperm/construct.asp

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