Builders Site

New State Rules Impact Construction Projects

New rules enacted by the Texas Commission on Environmental Quality (TCEQ) broaden storm water permit requirements for construction projects in the unincorporated areas of counties. Most construction activities in Texas must apply for a storm water general permit. In the past, the Environmental Protection Agency has administered these permits, but in March 2003 the TCEQ assumed those duties. Due to the changes, the permits are now required for construction activities disturbing at least one acre of land. Those who have a construction project, which disturbs at least one acre, and where the storm water discharge flows into unincorporated Tarrant County, must mail a copy of their Construction Site Notice or Notice of Intent to: Tarrant County Transportation Department Attention: Robert Berndt 100 East Weatherford, Room 401 Fort Worth, TX 76196.

If you have any questions about the new TCEQ Storm Water Program, please visit the TCEQ website. If you have any questions regarding the new rules and regulations as they pertain to unincorporated Tarrant County properties, please contact Robert Berndt at 817-884-2634 or by email.

Additional Resources for Developing an SWP3

• Construction Industry Compliance Assistance Center
• North Central Texas Council of Government site for Construction Runoff
• Tarrant County Storm Water Website

Regulations Affecting Construction Activity in Unincorporated Tarrant County

On March 5, 2003, the Texas Commission on Environmental Quality (TCEQ) issued a new General Permit to Discharge Waste from construction sites, under the Texas Pollutant Discharge Elimination System (TPDES). This permit applies to storm water and other discharges from all construction sites that will disturb one or more acres of land, or are part of a common plan of development that in total will disturb one or more acres of land.

Under the Phase II storm water regulations affecting small municipalities, Tarrant County is required to develop and implement a program to reduce pollutants in storm water from construction activities disturbing one or more acres of land. As part of our program, the County is requiring construction operators of sites located in the unincorporated county, to comply with the requirements of the TPDES construction permit. The following is a brief list of those requirements.

The TPDES permit separates construction sites into two categories: large construction sites that will disturb (by itself or as part of a common plan of development) 5 or more acres of land; and small construction sites that will disturb (alone or as part of a common plan of development) between 1 and 5 acres of land. Construction is defined as the exposure of soil resulting from activities such as clearing, grading, and excavating.

To apply for the permit, large construction sites:

• Must submit to the TCEQ a Notice of Intent (NOI), together with a $100 application fee, at least 2 days prior to commencing construction activities;
• Must develop and implement a Storm Water Pollution Prevention Plan (SWP3) for the construction site before submitting the NOI;
• Must post a copy of the NOI at the construction site for public viewing and;
• Must provide a copy of the NOI to the County, at least 2 days prior to commencing construction activities.

To obtain permit coverage, small construction sites:

• Must develop and implement a Storm Water Pollution Prevention Plan (SWP3);
• Must post a signed copy of the TCEQ Construction Site Notice at the construction site for public viewing and;
• Must provide a copy of the signed Construction Site Notice to the County, at least 2 days prior to commencing construction activities.

Small construction sites are not required to submit a NOI nor pay the fee.

The SWP3 must identify and address all potential sources of pollution at the site, and describe and ensure implementation practices that will be used to reduce pollutants in storm water discharges from the site. It is recommended that you prepare your SWP3 following the guide lines found in the iSWM Design Manual for Construction.