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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.

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