Texas Statewide Rule
Texas Regulates MS4 Stormwater Under Water Code 26.040
Key Facts
- Governing statute
- Water Code Section 26.040
- Enforcing agency
- TCEQ (TPDES program)
- Small MS4 permit
- General permit TXR040000
- Permit term
- Renewed every five years
- Max penalty
- $25,000 per day
Summary
Texas Water Code Section 26.040 lets the TCEQ issue general permits for storm water discharges. Regulated small municipal separate storm sewer systems obtain coverage under TPDES general permit TXR040000, renewed every five years, and must run a written stormwater management program.
The commission may issue a general permit to authorize the discharge of waste into or adjacent to waters in the state by category of dischargers in a particular geographical area of the state or in the entire state if the dischargers in the category discharge storm water or: (1) engage in the same or substantially similar types of operations; (2) discharge the same types of waste; (3) are subject to the same requirements regarding effluent limitations or operating conditions; (4) are subject to the same or similar monitoring requirements...
Full Breakdown
The Texas Commission on Environmental Quality (TCEQ) runs the state stormwater program under Water Code Section 26.040, which authorizes general permits for dischargers that discharge storm water. Regulated small MS4s, cities, counties, and other operators in urbanized areas under 100,000 population, must obtain coverage under Phase II general permit TXR040000 by filing a Notice of Intent, then implement six minimum control measures: public education, public involvement, illicit discharge detection and elimination, construction-site runoff control, post-construction stormwater management, and pollution prevention/good housekeeping. The current TXR040000 permit took effect August 15, 2024, and coverage is renewed every five years.
Violations & Penalties
Discharging storm water without required authorization violates Water Code Section 26.121. The TCEQ may assess administrative penalties of up to $25,000 per day per violation under Water Code Section 7.102.
Frequently Asked Questions
Who must get a Texas stormwater MS4 permit?
What does the MS4 permit require?
Sources
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