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SWPPP Frequently Asked Questions

What is the General Construction Permit?

Any construction activity that disturbs more than one acre, or is part of a larger development plan, is required by the Texas Commission on Environmental Quality (TCEQ) to have permit authorization to discharge stormwater from the site. The Texas Pollutant Discharge Elimination System (TPDES) Construction General Permit outlines what owners and site operators must do to obtain authorization.

My project is very small. Must I comply with this permit?

If your project is part of a master plan or phased project where the overall development (streets, utility system, homes, buildings, etc.) disturbs more than one acre and where construction can be considered “new” or “continuing”, the answer is yes. If your project does not disturb more than one acre and is not part of a master plan or phased project or your project is an upgrade of an old system or a renovation in an older development, the answer is no. These are general examples so please feel free to call if you need clarification for your specific project.

Who enforces the Construction General Permit?

In Texas, the TCEQ enforces the permit, but the the Environmental Protection Agency retains their right to inspect your site and impose fines. The TCEQ randomly audits permitted sites as well as schedules audits based on complaints. An audit consists of touring the jobsite with TCEQ staff and providing access to your Stormwater Pollution Prevention Plan (SWPPP) and inspection reports. Upon request, Terra EcoServices can attend the audit to ensure that you are properly represented.

Where can I get more information about the TPDES Construction General Permit?

See TCEQ Website - Stormwater Permits for Construction -- TCEQ Site

Does the General Permit ever expire?

TPDES General Permit TXR150000 was renewed on March 5, 2018 and will expire on March 5, 2023. If your project will still be active after the expiration date, your NOI permit will need to be renewed. Your SWPPP / SWP3 will potentially have to be updated to meet requirements of the newly issued General Permit. Terra EcoServices will post an update once the draft permit is available for comment.

Who authorized the State of Texas to implement this Clean Water Act stormwater program?

The EPA. The Texas Commission on Environmental Quality (TCEQ) is our state agency that enforces the Texas Pollution Discharge Elimination System (TPDES) permit.

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