TPDES Construction General Permit
When a Permit is Needed
The Texas Pollutant Discharge Elimination System Construction (TPDES) General Permit (PDF) is a 5 year permit which developers, contractors and owners who plan on disturbing 1 or more acres can use to fulfill the requirements of the Clean Water Act. The amount of land disturbance also include disturbances such as grading, fill, excavation and demolition not just of their own project but projects nearby Common Plan of Development.
If combined, the amount of land disturbing activities is over 1 acre, a permit is needed to allow storm water discharges from these activities and when this amount exceeds 5 acres, a Notice of Intent (NOI) must be sent to Texas Commission on Environmental Quality (TCEQ) as well as a water quality fee.
Requirements to Apply
Notice of Intent / Construction Site Notice
The NOI or Small Construction Site Notice (SCSN) is the notification that is received by the enforcing agency which implies, the individuals or company submitting the NOI or SCSN realizes they are responsible for keeping their site clean and reducing potential contaminated storm water discharges. The list of measures they will perform is written in a document or Storm Water Pollution Prevention Plan (SWPPP). This document should be developed and certified by the owner and lead builder (General Contractor) prior to any land disturbance such as bringing in fill, excavation, grubbing, or even drilling soil samples. The Earth Disturbance Criteria (PDF) is a checklist of submittal requirements for construction sites and land under development.
Apply for a Construction NOI.
A copy of the NOI may be sent to the following address:
City of Odessa
P.O. Box 4398
Odessa, TX 79760
TCEQ NOI Construction Permit Fee
TCEQ NOI construction permit fee is $225 effective Sept. 1, 2018, all NOIs, Notices of Change (NOCs), Notices of Termination (NOTs), and LREWs will be required to be submitted to the TCEQ electronically via the STEERS/ePermits system.
For a brief summary of the changes to the TXR150000 Renewal permit, please visit the TCEQ website. Since the local municipalities are usually the enforcing agency as it is here in Odessa, a copy of the NOI must be sent over to them at the same time it is sent to TCEQ. Stormwater discharges must be accompanied with Best Management Practices (BMPs). The amount and types of BMPs are detailed within the TPDES Construction General Permit.
It is possible to develop your own guidelines with an individual permit but is not wise unless you have ample time to develop, write and receive feedback from both TCEQ and EPA. This process can take up to 18 months to complete.