In 1987, Congress amended the Clean Water Act to require a comprehensive nationwide program for addressing polluted storm water. The National Pollutant Discharge Elimination System (NPDES) is the resulting program. The state of Texas assumed the authority to administer the NPDES program in Texas. The Texas Pollution Discharge Elimination System (TPDES) is the resulting program in the state of Texas, also referred to as a MS4 (Municipal Separate Storm Sewer System) Operator. In March 2003, the Texas Commission on Environmental Quality (TCEQ) released the “New General TPDES Permit for Construction Activities” which became effective immediately. The new permit transfers regulation of large and small construction projects from the Environmental Protection Agency (EPA) to the TCEQ.
Cities have permit requirements with the TCEQ which requires the enforcement of the TPDES requirements. This permit covers construction on small and large construction sites. Small projects are construction projects disturbing one (1) to five (5) acres. Large projects are construction projects disturbing five (5) or more acres. In turn, the City of Arlington has a Storm Water Pollution Control Ordinance that requires SWPPPs be submitted for review at least 14 days before the start of construction. Please refer to the NCTCOG iSWM Manual For Construction at http://iswm.nctcog.org/Documents/Construction.asp for a list of the possible storm water pollution prevention controls. In calculating the area of a project, a common plan of development is considered as one project. For example, a 4-acre tract of land subdivided into 16 quarter acre lots would be considered a small project. Both large and small projects are required to prepare a SWPPP and maintain a copy on site.
The size of the development will determine whether a SWPPP is required, and the amount of information needed as follows:
(1) If the site is less than 12,000 feet and not a part of a common plan of development (infill lot in an old community), then a formally written SWPPP is not required. However, controls (i.e., silt fences, hay bales, etc.) are still required onsite.
(2) If the proposed lot is not part of a common plan of development (infill lot in an old community) and is greater than 12,000 square feet and less than 1 acre, then an engineered SWPPP must be developed.
(3) If the developer’s SWPPP covers home construction, then the homebuilder must obtain a copy of the SWPPP from developer and complete the site notice. If the subdivision is greater than 5 acres, the contractor must complete a Notice of Intent (NOI) and the contractors must identify lots they are responsible for on the site plan.
- -Copy of SWPPP cover page signed by the owner of the homebuilding company.
- -Copy of completed site notice; and
- -Copy of completed Notice of Intent (NOI) for subdivisions greater than 5 acres.
(4) If the developer’s SWPPP does not cover home construction or you do not wish to use the developer’s SWPPP, you must hire an engineer licensed in the state of Texas to prepare a full SWPPP.
- -Copy of SWPPP sealed by an engineer and signed by owner of the homebuilding company.
- -Copy of completed site notice; and
- -Copy of completed Notice of Intent (NOI) for subdivisions greater than 5 acres.
(5) If the developer’s SWPPP does not cover home construction and you would still like to use the developer’s SWPPP, the homebuilder can modify the developer’s SWPPP to include home construction. Obtain the NCTCOG iSWM Manual for Construction, print Appendix A and Appendix B, and complete the sample SWPPP Narrative from appendix B. Your completed SWPPP must contain the following documents:
- -Copy of the developer’s SWPPP with your lots clearly identified.
- -Copy of completed site notice.
- -Copy of completed Notice of intent (NOI) for subdivisions greater than 5 acres.
- -Copy of TXR 150000; and
- -Individual lot site plans showing location of controls (i.e., silt fences, hay bales, etc.)
Note: NOI’s shall be submitted to the TCEQ, and a copy provided to the city. Due to extreme site conditions the occasional projects will require engineered site plans for each individual lot.
Rick Ripley, MPA, MCP, CBO
Chief Building Official
City of Arlington