Stormwater Discharges from Large Construction Activities

Requirements for obtaining stormwater general permit coverage for construction projects that will disturb 5 or more acres, whether on their own or as part of a larger common plan of development.

On this page:

• Steps to Take Before Discharging
• Provisional Coverage
• Steps to Take After Obtaining Coverage
• Notice of Change
• Notice of Termination NEW Effluent Limits -->

Steps to Take Before Discharging

When you disturb 5 acres or more of land or are part of a larger common plan of development that will disturb 5 or more acres of land, you must follow these steps before discharging storm water to any surface water in the state of Texas:

1. Review your facility's compliance history ranking:
   • If your facility is new or has a ranking of "high" or "satisfactory," continue to Step 2.
   • If it is "unsatisfactory," then your facility is not eligible for coverage under a general permit. You must apply for an individual permit instead.
2. Read the general permit (TXR150000) to make sure it applies to your situation.
3. Prepare and implement a Stormwater Pollution Prevention Plan (SWP3). For more details, see Part III of General Permit. SWP3 templates are available on the Small Business and Local Government Assistance Webpage.
4. Submit a signed Notice of Intent (NOI) and fee electronically through the ePermitting system in STEERS unless you qualify for an electronic waiver. If submitting an electronic NOI and fee is infeasible, please contact the TCEQ Stormwater Program for questions regarding NOI paper submissions.
5. Before starting construction, post a copy of the Construction Site Notice at the construction site. Leave the notice posted until final stabilization has been achieved and a Notice of Termination (NOT) has been submitted. Site notice forms are available on the TCEQ Forms Search or Small Business and Local Government Assistance Webpage.
   • Large Construction Site Notice for Primary Operators (TCEQ Form 20961)
   • Large Construction Site Notice for Secondary Operators (TCEQ Form 20962)

Provisional Coverage

Provisional coverage under this general permit begins:

• Seven days after the completed NOI is postmarked for delivery to the TCEQ
• or immediately if the completed NOI is submitted electronically using STEERS.

Steps to Take After Obtaining Coverage

After obtaining coverage under this permit:

1. Adhere to the requirements of General Permit.
2. If signatory authority is delegated by an authorized representative, then a Delegation of Signatory form must be submitted as required by 30 TAC § 305.128 (relating to Signatories to Reports). Primary operators must submit this form electronically using STEERS. A new Delegation of Signatories form must be submitted if the delegation changes to another individual or position
3. Submit an NOT electronically through the ePermitting system in STEERS(unless you qualify for an electronic waiver, please contact the TCEQ stormwater Program for questions regarding NOT paper submissions) within 30 days after one or more of the following occurs:
   • final stabilization has occurred
   • another permitted operator has assumed control over all areas of the site that have not been finally stabilized and all silt fences and other temporary erosion control measures have either been removed, scheduled for removal, or transferred to a new operator as described in the Storm Water Pollution Prevention Plan
   • authorization was granted under an individual permit
4. If the operator changes, the new operator must submit an NOI and then the existing operator must submit an NOT. The NOT and NOI must be submitted at least 10 days before the change.
5. If you are discharging to gutters, streets, channels, ditches or any other Municipal Separate Storm Water Sewer System (MS4) - which includes anything designed or used to collect or transport storm water - you must submit a copy of each of these items to the operator of that system according to the deadlines in the permit:
   • Notice of Intent
   • Notice of Change, which is used if the operator becomes aware of failing to submit any relevant information or submitting incorrect information.
   • Notice of Termination

This general permit requires the operator to provide a copy of the NOI to the MS4 operator, regardless of whether the MS4 is regulated by TCEQ or not.

• TCEQ has information for regulated MS4s including mailing addresses that may be used for notification purposes. Contact information for TCEQ MS4 permit authorizations may be obtained from Central Registry.
• TCEQ does not maintain information on MS4s that are not regulated. Construction site operators should contact the nearest city, county, or drainage district to their project to identify the MS4 receiving their discharge. Operators may find the appropriate MS4 by reviewing the water and sewer provider information for the site or other similar resources. Many MS4s maintain webpages that provide contact information for this purpose.

Even if the general permit described above applies to your situation, you may opt to request coverage under an individual permit.

Notice of Change

A Notice of Change (NOC) is required to be submitted for making updates, changes, or corrections to an NOI or Waiver as required in the general permit. An NOC must be submitted electronically through the ePermitting system in STEERS unless you qualify for an electronic waiver. If submitting an electronic NOC is infeasible, please contact the TCEQ Stormwater Program for questions regarding NOI paper submissions.

Notice of Termination

An NOT must be submitted electronically through the ePermitting system in STEERS unless you qualify for an electronic waiver. If submitting an electronic NOT is infeasible, please contact the TCEQ Stormwater Program for questions regarding NOI paper submissions.