Storm Water Permitting Requirements for Phase II (Small) MS4s

Authorization options, control measures required, annual reporting requirements, and links to best management practices for operators of Phase II MS4s.

If you operate a regulated small municipal separate storm sewer system (MS4), then you must develop a storm water management program (SWMP) that includes at least these six control measures:

public education and outreach
public involvement or participation
detection and elimination of illicit discharges
controls for storm water runoff from construction sites
post-construction storm water management in areas of new development and redevelopment
pollution prevention and “good housekeeping” measures for municipal operations

These measures must be developed by identifying and applying best management practices (BMPs). See the EPA’s “Menu of BMPs” for examples and guidance. (Depending on the rainfall conditions and topography in your area, some of these BMPs might have to be adapted to your local situation.)

The deadline to apply for coverage was February 11, 2008.

General Permit Issued

General Permit TXR040000 (PDF/Word) was signed and made effective on August 13, 2007, and authorizes the discharge of storm water from certain small MS4s.

Forms

Notice of Intent (NOI) for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4) under the TPDES Phase II MS4 General Permit (TXR040000) (PDF)

Notice of Change (NOC) to an Authorization for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4) under the TPDES Phase II MS4 General Permit (TXR040000) (PDF)

Notice of Termination (NOT) of coverage under TPDES General Permit Number TXR040000 (PDF).

Annual Report

All MS4 operators authorized under TPDES General Permit TXR040000 must submit an annual report within 90 days of the end of each permit year. The second permit year began on August 13, 2008 and ended on August 13, 2009. The deadline for submitting the Year 2 annual report is November 12, 2009. The annual report must include information such as the status of compliance with permit conditions, an assessment of the appropriateness of best management practices (BMPs), a description of progress towards reducing the discharge of pollutants to the maximum extent practicable (MEP), the measurable goals for each of the minimum control measures (MCM), and an evaluation of the program's progress. We strongly encourage permittees to utilize the MS4 Annual Report Template that was developed by the TCEQ Small Business and Local Government Assistance program.

Year 1 annual reports were due on November 12, 2008. TCEQ staff performed administrative reviews of these reports using an internal review checklist, and this checklist was being mailed to each operator who submitted a report. Unless specifically requested, no additional information needs to be submitted to complete the Year 1 reports, but any missing items must be included in the Year 2 report. Year 1 reports must be submitted as soon as possible if they have not already been submitted.

If permittees are participating in a shared SWMP, then they must contribute to a system-wide annual report. Each permittee must sign the report, but only one report must be submitted.

If any changes to the SWMP are proposed, then a notice of change (NOC) (PDF) form must also be submitted. The NOC form must be submitted to the address shown on the NOC form, and must be submitted separately from the annual report.

The annual report must be submitted to the TCEQ’s Storm Water and Pretreatment Team at the address below.

Storm Water and Pretreatment Team Leader
TCEQ Water Quality Division
MC-148
P.O. Box 13087
Austin, Texas 78711-3087

In addition, a copy of the annual report must be submitted to the appropriate TCEQ regional office.

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