Deadline Under Texas General Storm Water Permit

11/15/2001

Monday, November 19, 2001 is the last day for industrial facilities that were authorized to discharge storm water under the federal 1995 General Storm Water Permit to submit to the Texas Natural Resource Conservation Commission (TNRCC) a Notice of Intent (NOI) to be covered under the new Texas General Permit to Dispose of Wastes No. TXR050000.

The United States Environmental Protection Agency (EPA) delegated authority to implement the National Pollutant Discharge Elimination System (NPDES) program to the State of Texas through the TNRCC. On August 20, TNRCC finalized Texas General Permit No. TXR05000, which authorizes certain industrial facilities to discharge storm water. Existing facilities (those that were previously covered by the federal 1995 General Permit) were given 90 days - until November 19 - to submit a new NOI to TNRCC for coverage and to update their storm water pollution prevention plans. A facility that misses the November 19th deadline can still obtain coverage under Texas General Permit No. TXR05000, but may be subject to enforcement for that period of time when it was not permitted.

NOI forms are available at http://www.tnrcc.state.tx.us/permitting/waterperm/wwperm/industry.html.

The Texas NOI and General Permit are different from the former EPA NOI and permit. For example, when a regulated industrial facility is located on leased property, the NOI and the storm water pollution prevention plan must be signed and certified by both the facility owner and the facility operator. When multiple regulated facilities are located on the same property, each facility must submit a separate NOI, but may share a storm water pollution prevention plan so long as it is signed and certified by both. The specific requirements of the storm water pollution prevention plan have changed, so an existing facility should review and update its former plan.

TNRCC also requires permit applicants to complete a “Core Data Form,” which enables the agency to maintain basic information about regulated facilities. This form also is available on the TNRCC website. TNRCC requires an application fee of $100 with each NOI and each facility authorized under Texas General Permit No. TXR05000 must pay an annual waste treatment inspection fee of $100.

If you need assistance in evaluating the applicability and certification requirements, completing the NOI or updating the storm water pollution prevention plan, please contact your Haynes and Boone attorney or Margaret Menicucci at 512.867.8419.

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