Preparing for a Stormwater Comprehensive Compliance Investigation (CCI) Part I Presented by: Jack Higginbotham
Jack Higginbotham Senior Environmental Investigator TCEQ Region 13 San Antonio Office 14250 Judson Road San Antonio, Texas 78233 Office: 210-403-4090 Email: Jack.Higginbotham@tceq.texas.gov
Presentation Overview (Part I) Types of stormwater CCIs When to Expect a stormwater CCI TCEQ Complaint Process Pre-Investigation What to Expect During CGP, MSGP, and MS4 CCIs TCEQ violation process: NOVs vs. NOEs & Field Citations Questions NEXT: PART II: Common Investigation Findings at Stormwater CCIs
Types of Stormwater CCIs Construction General Permit (CGP) TPDES TXR150000 Multi-Sector General Permit (MSGP) TPDES TXR050000 Municipal Separate Storm Sewer System (MS4) TPDES TXR040000 Phase II MS4 Levels 1-4 (Population less than 10,000 to a population greater than 100,000 within an urbanized area). Phase I MS4s regulated under individual TPDES permit or NPDES permit.
When to Expect a CCI CGP and MSGP Primarily complaint driven. CCIs contingent upon history of complaints and potential for impact. Due to the nature of complaints, an unannounced investigation is likely Annual goal is to investigate 10% of sites/facilities within region MS4 Every 5 years Notification given 1 to 2 weeks prior to CCI. Investigations may also be complaint driven.
TCEQ Complaint Process Allegations received of environmental health, or regulatory concerns Prioritized according to potential impact on human health and the environment (30 day maximum) May be referred to local jurisdiction if enforcement authority is in place. Example: Complaint referrals to City of San Antonio MS4 Program.
Pre-Investigation Review of compliance history Review of previous investigation reports Review of information in Region file Is the complaint in an environmentally sensitive location? What is located around the complaint area? Is stormwater discharging to an impaired water body?
What to Expect During a CGP CCI Stormwater Pollution Prevention Plan (SWP3) Review Site/project description Inspection logs Dates of major grading activities Narrative description of BMPs Site map BMP location/type Topography/flow of stormwater Equipment staging area/fueling area
What to Expect During a CGP CCI
What to Expect During a CGP CCI SWP3 Review (continued) All reports and SWP3 must be signed Standard permit condition 6 (Pg. 41) Pollution Prevention Team (PPT) member(s) identification Inventory of materials Copy of permit with active permit number Copy of CGP TXR150000
What to Expect During a CGP CCI Site evaluation Are adequate BMPs installed/implemented? Are BMPs in effective operating condition? Do inspection reports indicate site conditions? Have final stabilization measures been initiated? Are they adequate to file a Notice of Termination (NOT) Is the site map/swp3 updated? Site notice posted? Exit Interview Verbal or written
Implementation of inadequate BMPs
What to Expect During a MSGP CCI SWP3 Review Quarterly inspection logs (separate log for each sector at a multiple sector facility) BMP maintenance log (get credit for what you do!!) Quarterly Visual Monitoring (QVM) See RG-403: QVM of Stormwater Runoff Rain gauge data Site map BMP location/type Topography/flow of stormwater Spill kit(s) location Maintenance area Fueling area
What to Expect During a MSGP CCI SWP3 Review (continued ) SWP3 signature/certification Narrative description of BMPs Discharge Monitoring Reports (DMRs) Hazardous metals annual sampling or waiver ( TCEQ Hazardous Metals Waiver ) PPT member identification PPT benchmark exceedance inspection reports Inventory of materials; narrative description of sector specific activity Annual comprehensive site evaluation Annual employee training
What to Expect During a MSGP CCI Site evaluation Are adequate BMPs installed/implemented? Are BMPs in effective operating condition? Do inspection reports indicate site conditions? Housekeeping Secondary containment encompassing PSTs? Spills on-site? Trash/debris? Exit Interview Verbal or written
No Exposure Certification (NEC) Facilities NEC overview Facilities regulated under the MSGP may be excluded from permit requirement if there is no exposure of industrial materials or activities from precipitation or runoff. Must be submitted to TCEQ on a NEC form provided by the executive director Facilities that obtain the NEC are subject to inspection by authorized TCEQ personnel to determine compliance with the NEC NEC can be revoked if it not in compliance with MSGP Part II.C.1 (pages 49 & 50 of MSGP)
Housekeeping Issues
What to Expect During a MS4 CCI Stormwater Management Plan (SWMP) Review Minimum Control Measures (MCM) I-VII MCM I: Public Education, Outreach, and Involvement MCM II: Illicit Discharge Detection and Elimination (IDDE) MCM III: Construction Site Stormwater Runoff Control MCM IV: Post-Construction Stormwater Management in New Development and Redevelopment MCM V: Pollution Prevention and Good Housekeeping Measures MCM VI: Industrial Stormwater Sources (Only applicable to Level 4 Phase II MS4s and Phase I MS4s) MCM VII: Authorization for Construction Activities where the MS4 is the Site Operator
What NOT to expect during a MS4 CCI
TCEQ violation process: NOVs vs. NOEs RG- 344 The TCEQ Has Inspected Your Business Most first time violations Notice of Violation (NOV): compliance documentation required to TCEQ Regional Office; no financial penalty NOV due date 30 days from approval of investigation report Notice of Enforcement (NOE) issued for NOVs not responded to Repeat violations (within 5 years) NOE: compliance documentation required to TCEQ Enforcement Division with financial penalty incurred RG-253 Penalty Policy
Field Citations Streamlined enforcement process for obvious violations Failure to obtain a CGP Failure to obtain a MSGP Customer must have prior knowledge that authorization must be obtained (previous permit/authorization, violation, or denial letter) $875 fine Sites with an expired permit and an unauthorized discharge (or additional violations) qualify for automatic enforcement (NOE)
Questions? Contact Jack @ TCEQ Region 13 San Antonio Office 14250 Judson Road San Antonio, Texas 78233 Office: 210-403-4090 Email: Jack.Higginbotham@tceq.texas.gov