Harris County Pollution Control Services Department Industrial Storm Water Inspections July 24, 2013 Nuguent Cotton, Field Manager
Pollution Control Services In compliance with Harris County s TPDES MS4 permit, the Harris County storm water industrial inspection program was implemented in October 2001 when the Regulations of Harris County for Storm Water Quality Management were adopted.
Pollution Control Services As a requirement of our MS4 permit, PCS inspects the following facilities in unincorporated Harris County: Type I facilities at least once every five years. Non-type I facilities (complaint or observed). Facilities claiming no exposure exclusion from TPDES permitting requirements under the Multi-Sector General Permit (MSGP).
Pollution Control Services Type I facility means a municipal landfill, hazardous waste treatment, disposal and recovery facility, a facility that is subject to Section 11023 of Title 42 of the United States Code (toxic release inventory program), as it may be amended from time to time, and any other industrial facility that Harris County determines is contributing a substantial pollutant loading to the MS4.
Pollution Control Services The MSGP TXR050000 is exclusively for storm water discharges associated with industrial activity. This permit does not allow the discharge of process wastewater. Other general permits and individual permits can include storm water discharges associated with industrial activity, as well as wastewater.
Pollution Control Services Industrial Inspection Program Type I Facilities (derived from lists) If the facility has coverage under the Multi-Sector General Permit (MSGP): o Evaluate the Storm Water Pollution Prevention Plan (SWP3) o Review analytical reports o Site inspection o Exit meeting noting violations, if any (Notice of Preliminary Inspection - NPI)
Pollution Control Services Type I Facilities (continued) If the facility has coverage under an individual permit only: o Site inspection to determine if runoff from all areas of industrial activity flows through a permitted outfall o Exit meeting noting violations, if any (NPI) If a Type I facility does not have permit coverage for their storm water discharges associated with industrial activity but are required to do so due to their activity code or SIC code, a violation notice is issued and compliance is required. A site inspection is also conducted.
Pollution Control Services Non-Type I Facilities Conducted to determine if the facility is required to have coverage for storm water discharges associated with industrial activity. o If the facility does not have permit coverage but is required to have permit coverage according to their SIC code or activity code: 1. Site inspection 2. Exit meeting explaining a Violation Notice will be sent (NPI) o If the facility has permit coverage under a general permit: 1. Review monitoring records 2. Site inspection 3. Exit meeting (NPI)
Pollution Control Services If they have more than one SIC code and their primary SIC triggers the requirement to obtain coverage for their storm water discharges and the other SIC code(s) or activities are listed in the MSGP, they must comply with the requirements in the permit for all of the SIC codes or activities that apply to them.
Pollution Control Services Facilities Claiming No Exposure The facility would send a No Exposure Certification form to TCEQ and a copy to PCS. PCS would conduct a site inspection to: Determine if the facility is eligible to claim no exposure exclusion, based on the eleven criteria listed on the certification form. If the facility is not eligible the investigator will leave a Notice of Preliminary Inspection explaining that a condition of no exposure does not exist and a Violation Notice will be issued for failure to obtain the required permit for storm water discharges associated with industrial activity.
Pollution Control Services What Does the MSGP TXR050000 Storm Water Permit Require? Development and implementation of a Storm Water Pollution Prevention Plan (SWP3) Submittal of a Notice of Intent (application for coverage under the permit) Monitoring (sample during rain events) Inspections (quarterly and annually to ensure effectiveness of BMPs) Employee Training Recordkeeping
Pollution Control Services Compliance: Enforcement of Storm Water Regulations Based upon the inspection, PCS may send a Violation Notice to the facility for any combination of the following violations: Failure to obtain a permit for storm water discharges associated with industrial activity when a permit is required. Permit violations if the facility has a permit for their storm water discharges associated with industrial activity and they have not fulfilled the requirements of the permit Texas Water Code Texas Solid Waste Disposal Act Texas Clean Air Act
Pollution Control Services Compliance: Enforcement of Storm Water Regulations Based upon the frequency and/or severity of violations at a facility, PCS may send a letter to the subject, stating we are considering an enforcement action and request a meeting Based on the outcome of the meeting, and with director approval, the Compliance Section may forward the case to Harris County Attorney s office for civil enforcement or to the Harris County District Attorney for criminal enforcement
Pollution Control Services FREQUENT RESPONSES TO UNANNOUNCED INSPECTIONS What triggered the inspection? Do you have an appointment? Can you come back? I'm not onsite and there s no one to help you The SWP3 is not onsite Sorry, I can t allow you to bring your camera in I have to deny you entry
Pollution Control Services The following photos are violations discovered at industrial facilities that had coverage for their storm water discharges either under a general or an individual permit.
Contacts and References Pollution Control Services - Main No.(713) 920-2831 Nuguent Cotton, Manager, Field Services (713) 274-6366 Denise Hall, Compliance Coordinator Water (713) 274-6356 Jennifer Wheeler, Compliance Manager (713) 274-6355 Pollution Control Services address and fax: Harris County Pollution Control Services Department 101 South Richey, Suite H Pasadena, TX 77506 FAX: (713) 274-6475 Texas Commission on Environmental Quality Main No. (713) 767-3500 Regulations for Harris County Storm Water Quality Management may be found at: http://www.cleanwaterways.org Other websites: http://www.tceq.state.tx.us http://www.harris.co.tx.us http://www.hctx.net/pollutioncontrol/