Thursday
Jul172008

Welcome to Project Compliance, LLC.


We are a SWP3 Design and Inspection consultant serving clients with projects being constructed within the State of Texas.


Our primary services include the design of project specific Storm Water Pollution Prevention Plans ("SWP3") and the on-site Major Observation Inspections and Reporting as required by the Texas Commission on Environmental Quality ("TCEQ").

 

Tuesday
Jul072009

Storm Water Discharges from Small Construction Activities


Caution: If your project is part of a larger common plan of development, and the total number of acres disturbed under the plan is 5 acres or more, then your project is not a small construction activity. You must comply with the requirements for Construction Activities Disturbing 5 or More Acres.

When you disturb less than 5 acres (but at least 1 acre) of land there are several ways to obtain authorization under the general permit depending on the specifics of your construction activity:

  1. For a small construction activity you may follow the steps necessary for coverage under the notice option.

  2. If you disturb less than 1 acre of land, you do not need coverage under this general permit to discharge storm water.

  3. If construction is to take place in a particular county during a particular time period when erosion is expected to be minimal (see Appendix A of TXR150000 {PDF}), you may be eligible for regulation under the Low Potential for Erosion Requirements (HTML). (Help with downloading files.)

  4. If the potential for soil to wash away during your construction activity is low, you may qualify for the Low Rainfall Erosivity Waiver.

  5. Even if you are eligible for coverage under a general permit, you may opt to request coverage under anindividual permit.

  6. If your activity is associated with the production or exploration of oil and gas, your project may be under the jurisdiction of the Texas Railroad CommissionExit TCEQ and you may need authorization under the NPDES programExit TCEQ.

Tuesday
Jul072009

Storm Water Discharges from Large Construction Activities


Steps to Take Before Discharging

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

  1. Review your facility'scompliance history ranking(HTML):

    • If your facility is new or has a ranking of "high" or "average," continue to Step 2.

    • If it is "poor," then your facility is not eligible for coverage under a general permit. You must apply for anindividual permit(HTML) instead.

  2. Read the general permit(TXR150000)(PDF) to make sure it applies to your situation. (Help withPDF.)

  3. Prepare and implement a Storm Water Pollution Prevention Plan. For more details, see Part III of General PermitTXR150000(PDF).

  4. Submit an original completed Notice of Intent (NOI) form with an original signature and fee as noted on the NOI. You have three options:

  5. Before starting construction, post a copy of the NOI and a copy of the Site Notice at the construction site. Leave these posted until construction is completed.

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 usingSTEERS(HTML).

After TCEQ Review

After TCEQ review, you will receive one of the following:

  • an Acknowledgment Certificate acknowledging your coverage under this general permit.

  • a Notice of Deficiency if there is insufficient information in your application, in which case you will have 30 days to respond.

  • a Denial Letter informing you that coverage has been denied (usually the result of information requested in a Notice of Deficiency letter not being fully provided).

Steps to Take After Obtaining Coverage

After obtaining coverage under this permit:

  1. Adhere to the requirements of General PermitTXR150000(PDF). (Help withPDF.)

  2. Submit aNotice of Termination(NOT) 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 anindividual permit(HTML)

  3. If the operator changes, the new operator must submit a Notice of Intent (NOI) and then the existing operator must submit aNotice of Termination(NOT) (HTML). The NOT and NOI must be submitted at least 10 days before the change.

  4. If you are discharging to gutters, streets, channels, ditches or any otherMunicipal Separate Storm Water Sewer System(MS4) (HTML) - 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 at the same time you submit that item to the TCEQ:

    • 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

Even if the general permit described above applies to your situation, you may opt to request coverage under anindividual permit(HTML).

You can view some of the relevantRules for Storm Water Discharges from Construction Activities(HTML).

Notice of Change

ANotice of Changeis required to be submitted for making updates, changes, or corrections to an NOI or Waiver as required in the general permit.

Notice of Termination

Notice of Termination can be submitted in one of the following ways:

Tuesday
Nov032009

Operator Definition

Only operators of Small or Large Construction activities have to obtain permit coverage.  The TCEQ's General Permit TXR150000 defines operator as follows:

Operator - The person or persons associated with a large or small construction activity that is either a primary or secondary operator as defined below:

Primary Operator – the person or persons associated with a large or small construction activity that meets either of the following two criteria:

(a) the person or persons have operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or

(b) the person or persons have day-to-day operational control of those activities at a construction site that are necessary to ensure compliance with a storm water pollution prevention plan (SWP3) 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 SWP3 or comply with other permit conditions).

Secondary Operator – The person whose operational control is limited to the employment of other operatorsortotheabilitytoapproveordisapprovechangestoplansandspecifications. Asecondary operator is also defined as a primary operator and must comply with the permit requirements for primary operators if there are no other operators at the construction site.

If your company meets any portion of the above definition, you will need to develop and implement an SWP3.