Construction Stormwater Compliance

The Texas Commission on Environmental Quality (TCEQ) and the Environmental Protection Agency (EPA) have developed requirements for construction sites that disturb one or more acre of land or a common plan of development that will disturb one or more acre of land. These regulations require applicable construction sites to comply with the Texas Pollutant Discharge Elimination System (TPDES) Construction General Permit. These sites are also required to get a grading permit through the City of Fort Worth.

General Permit for Construction Activities

The Construction General Permit details the requirements that all construction sites must follow to control erosion and sediment runoff during construction. There are two categories of site requirements based on the size of the area to be disturbed.

Large Construction Sites

Large Construction Sites (five acres or greater, or a common plan of development that will disturb 5 acres or greater)

To obtain coverage under the permit, the operator of a large construction site must:

  • Develop and implement a storm water pollution prevention plan (SWPPP).
  • Submit a Notice of Intent (NOI) form and application fee to the TCEQ Storm Water & General Permits Team.
  • Post a copy of the NOI and Construction Site Notice at the construction site for public viewing.
  • If the construction site is located within the City of Fort Worth, the operator must also submit a copy of the NOI to the city at the time the submittal is made to TCEQ.

Submit your Notice of Intent and/or Construction Site Notice to the City of Fort Worth online at:

Submit MS4 Notifications

Additional contact options:

Fax: 817-392-6359

Attn: Construction Stormwater Program

Mail:

Attn: Construction Stormwater Program
Environmental Services Department
200 Texas St.
Fort Worth, Texas 76102

Email: constructionstormwater@fortworthtexas.gov

 

All necessary forms and permit documents to obtain coverage for large construction sites can be found on the TCEQ website.

 

Small Construction Sites

Small Construction Sites (one acre or more, but less than five acres, or a common plan of development that will disturb one or more acre, but less than five acres)

To obtain coverage under the permit, the operator of a small construction site must:

  • Develop and implement a storm water pollution prevention plan (SWPPP).
  • Complete and post a site notice.
  • If the construction site is located within the City of Fort Worth, the operator must also submit a copy of the Construction Site Notice to the city before soil disturbing activities begin.

You have three options for submitting a copy of your Construction Site Notice to the City of Fort Worth:

Fax: 817-392-6359
Attn: Construction Stormwater Program

Mail:

Attn: Construction Stormwater Program
Environmental Services Department
200 Texas St.
Fort Worth, TX 76102

Email: constructionstormwater@fortworthtexas.gov

All necessary forms and permit documents to obtain coverage for small construction sites can be found on the TCEQ website.

Compliance Tools

All applicants for coverage under the permit are required to have a SWPPP developed and implemented in accordance with the permit prior to submitting the NOI or posting the site notice.

Guidance on SWPPP development and the implementation of appropriate BMPs and other compliance tools is available from TCEQ Small Business and Local Government Assistance.

Training is offered periodically throughout the year. To request a training for your group please contact constructionstormwater@fortworthtexas.gov.

Construction Inspections

Environmental Quality is responsible for ensuring that operators of construction activities in the City of Fort Worth have obtained coverage under the construction general permit and are operating in compliance with the requirements detailed in the Construction General Permit.

As a regulatory agency, the City of Fort Worth has the authority to ensure compliance from construction sites that are regulated by the EPA and the TCEQ. This program is a required element of the City's own TPDES Permit to discharge stormwater from the municipal separate storm sewer system (MS4).

Inspection Guide

Environmental Management maintains a database of construction sites in Fort Worth that are required to obtain coverage under the TCEQ Construction General Permit for stormwater discharges and conducts periodic inspections to determine permit compliance status.

These inspections may include:

  • a review of the Stormwater Pollution Prevention Plan (SWPPP)
  • a review of records required to be maintained
  • a site walk-through
  • an inspection of facilities that have applied for a No Exposure Exclusion from permit requirements
  • city inspection checklists have been developed to facilitate these inspections

Inspection Deficiency Procedures:

  • Any deficiencies noted during the inspection are noted on a Notice of Violation (there are no fines associated with an NOV).
  • Any illicit discharges that threaten the environment will require immediate action.
  • Depending on the degree and nature of non-compliance, the NOV will provide up to 30 days for the site to make appropriate corrections. During this time, the inspector will work with the industry by supplying necessary paper work, answering questions, providing additional plan reviews or other assistance to help them gain compliance.
  • The inspector will make a follow-up investigation at the end of the time allowed under the NOV to review the SWPPP and/or inspect the site as necessary to determine compliance status.
  • Continued noncompliance may result in the issuance of citations with fines ranging from $200 to $2,000 per violation/per day or other enforcement actions.
  • Operators should be aware that the TCEQ or EPA may visit a site at any time and initiate enforcement if the facility is found to be out of compliance, regardless of what actions the City is or has taken.

Environmental Review Checklist

For all submittals to Environmental Quality, electronic copies are preferred and will process faster. Please allow up to 10 days for review.If further information is requested, please allow for additional days to review.

All submissions must include:

*Note: The following items are all a state requirement under the TCEQ’s Construction General Permit TXR150000.*

Copy of a complete Stormwater Pollution Prevention Plan (SWP3orSWPPP) as defined by the TCEQ including:

(NOTE: The following list is not a complete SWP3, but is provided as a reference.)

  • The SWP3 must include a signed certification page
  • The SWP3 should include a description of the nature of activity, schedule of the sequence of activities, total number of acres of disturbance, name of receiving waters, detailed erosion control plan/BMP map, description of BMPs to be utilized, inspection schedule, inspector qualifications, copy of current TPDES TXR150000 permit
  • Delegation of Authority Page, if applicable
  • Delegation of Responsibilities for Operators (if a shared SWP3), if applicable NOTE: A sedimentation basin or equivalent control measure is required as a BMP measure for areas draining 10 acres or more, per the TPDES permit–if this is not included, a statement must be included detailing why it was not included and what additional BMPs are being implemented.

For projects over 1acre and under 5 acres and not part of a larger common plan of development:

  • Copy of the signed Small Construction Site Notice (SCSN) for each operator
  • Copy of Stormwater Pollution Prevention Plan (SWP3)

For projects over 5 acres or part of a larger common plan of development:

  • Copy of Notice of Intent (NOI) signed and executed (copy of electronic submittal to TCEQ is acceptable)
  • Copy of the Large Construction Site Notice (LCSN) for each operator
  • Copy of the signed Secondary Operator’s Construction Site Notice (CSN), if applicable
  • Copy of Stormwater Pollution Prevention Plan (SWP3)

What is a Common Plan of Development?

For projects that are being developed alongside other projects that disturb greater than 5 acres in total, properties must be permitted as a large site. Projects are also considered a part of a larger Common Plan of Development if they are completed in separate stages or phases. It can include one operator or many operators.

To Submit:

 For submittal of documents and for any questions, send emails to constructionstormwater@fortworthtexas.gov. Include grading permit number(CG__‐____) for reference.