Concrete Industrial Storm Water Permitting in Texas

Key requirements of the general permit include the establishment of effluent limitations and requirements to:

• Conduct whole effluent toxicity testing once per year
• Sample for specified metals once per year
• Develop a pollution prevention plan

This permit covers discharges of facility wastewater and contact storm water from ready-mixed concrete plants, concrete products plants and their associated facilities in Texas. These facilities have Standard Industrial Classification (SIC) Codes 3273 (manufacture of Ready-Mixed Concrete), 3272 (manufacture of concrete products, except block and brick) and 3271 (manufacture of concrete block and brick). Ready-mixed concrete plants are facilities, including temporary concrete batch plants, primarily engaged in mixing and delivering ready-mixed concrete as classified by SIC Code 3273. Concrete products plants are facilities primarily engaged in manufacturing concrete products as classified by SIC Code 3272, and facilities primarily engaged in manufacturing concrete building blocks and bricks from a combination of cement and aggregate as classified by SIC Code 3271. Associated facilities are facilities associated with such plants and establishments where maintenance and washing of ready-mix vehicles or equipment occurs. Contact storm water means storm water which comes in contact with any raw material, product, by-product or waste material. Facility waste water means any waste water which is generated at the plants or associated facilities authorized by this permit, but not including domestic sewage.

A Pollution Prevention Plan must be implemented for each facility which discharges contact storm water. The plan shall identify potential sources of pollution that may reasonably be expected to affect the quality of contact storm water discharges from the facility. In addition, the plan shall describe and ensure the implementation of practices used to reduce the pollutants in contact storm water discharges at the facility and to assure compliance with the terms and conditions of this permit. Facilities must implement the provisions of the storm water pollution prevention plan as a condition of this permit. The plan shall be kept onsite at the facility that generates the storm water discharge. In addition, a Notice of Intent must be filed with the TCEQ.

Enforcement authorities are empowered to bring charges under three classifications.

1. Negligent Violations. Any person who negligently violates permit conditions is subject to a fine of not less than $2,500 nor more than $25,000 per day, or by imprisonment for not more than 1 year, or both.
2. Knowing Violations. Any person who knowingly violates permit conditions is subject to a fine of not less than $5,000 nor more than $50,000 per day, or by imprisonment for not more than 3 years, or both.
3. Knowing Endangerment. Any person who knowingly violates permit conditions and who knows at that time that he is placing another person in imminent danger of death or serious bodily injury is subject to a fine of not more than $250,000, or by imprisonment for not more than 15 years, or both.
4. False Statements. Any person who knowingly makes any false material statement or certification in any application or other document or who knowingly falsifies, tampers with, or renders inaccurate, any required monitoring device or method shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 2 years, or by both. For a second conviction, punishment shall be by a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both.

Regarding civil penalties, any person who violates a permit condition is subject to a civil penalty not to exceed $27,500 per day for each violation.