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.

• Steps to Take Before Discharging
• Provisional Coverage
• After TCEQ Review
• Steps to Take After Obtaining Coverage
• Notice of Change
• Notice of Termination

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:

   • both theNOI and fee payment electronically(HTML) through STEERS.

   • the NOI on paper(PDF) and thefee payment online via ePay(Help withPDF.)

   • theNOI on paper(PDF) and the fee payment by check

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.

   • Site Notice for Primary Operators of Large Construction Activities(PDF)

   • Site Notice for Secondary Operators of Large Construction Activities(PDF)

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:

• Electronic (STEERS) NOT(HTML)- even if the NOI was submitted via paper

• Paper NOT(PDF) (Instructions) (PDF)

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").