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Regulatory Links2018-10-25T10:05:37+06:00

Permitting and Regulations

Construction Storm Water Permitting2018-10-29T21:57:32+06:00

In the Water Quality Act of 1987, Congress established a schedule under which EPA was required to establish regulations and issue permits for storm water discharges “associated with construction activity”.Under EPA’s storm water program, all discharges associated with construction activity require a permit. To remain in compliance with the terms of the permit, permittees are required to have a Storm Water Pollution Prevention Plan, and several other specific requirements.In 1992 EPA issued a Baseline Construction Storm Water Permits. The baseline permit expired in September, 1997. On July 6, 1998 EPA issued a new Construction Storm Water Permit. Any facility having a baseline storm water construction permit, should reapply under the new general storm water permit. Unpermitted existing and new construction sites should also apply under the new construction permit.

Construction Permit Requirements:

  • New conditions to protect listed endangered species
  • Should the Owner, Contractor or Owner and Contractor be a Permittee?
  • Expanded coverage to construction sites under five acres of disturbed land
  • A requirement to post at the construction site the confirmation of permit coverage
  • Performance objectives for the Storm Water Pollution Prevention Plan
  • Authorization for discharge from support activities like Concrete plants
  • Runoff coefficient of the site and the data describing the soil or the quality of any discharge from the site
  • Area and Site map indicating drainage pattern, anticipated slopes, area of soil disturbance and several other items
  • Erosion and Sediment Controls plan
  • New schedule of Inspections
  • Final Stabilization requires uniform vegetative cover

Penalties for Non-Compliance:

Non-compliance with the Clean Water Act is a serious issue. For example, under the Clean Water Act, “negligent” violations can result in a fine of up to $27,500 per day of violations and or up to one year in prison.

Routine Airport Maintenance Program (RAMP) Grants2018-10-30T00:00:46+06:00

TxDOT Grant Program

You may be aware that the Department of Transportation is making available thousands of dollars in assistance to public airports across the state of Texas. As a way of helping you to get involved in this beneficial program, AARC would like you to have the following information on the opportunities afforded by the TxDOT grant program.The grant is available to cover 50% of the costs of many annual airport maintenance requirements. These funds will pay for environmental compliance needs such as storm water permits and spill prevention plans. In addition, TxDOT may also approve professional services to meet ongoing requirements including inspections, pollution prevention training, site evaluations, numeric effluent limitations sampling, and SPCC training.State funding is a $30,000 match per airport for each fiscal year. The State fiscal year begins September 1st. The local government match is 50% of actual costs plus any excess of $60,000 total costs.The program includes “lower cost” airside and landside airport improvements. These items can be more than just maintenance and may be new or additional items of work. Examples are: construction of airport entrance roads; pavement of airport public parking lots; installation of security fencing, replacement of rotating beacon, etc. The general rule is that if the expenditure is a good investment of state dollars and a needed item which will improve the facility, it is eligible. TxDOT will make determination of the eligibility of specific items. Keep in mind that airside improvements are of first priority before requesting assistance with landside maintenance and improvements.Local governments are allowed to issue their own contracts for scope of services. If the TxDOT district is unable to assist in the requested service, the local government can contract for reasonableness of the costs. TxDOT will not participate in contracts for any ineligible scope items or for costs that are unreasonable for the type of service. Local government force account work is NOT ELIGIBLE.A grant agreement must be in place prior to work being performed. A Grant must be executed each state fiscal year. To initiate the grant the City or County should submit a letter of interest which shall describe the project for which the grant is being requested and the estimated cost of the project, if available. The letter of interest may be in the form of a written letter, electronic mail, facsimile, by phone or personal contact with staff.Work as described on the Scope of Services of the grant shall be completed during the State fiscal year (September 1st – August 31st).


ELIGIBLE WORK ITEMS UNDER RAMP GRANTS AIRSIDE MAINTENANCE:

  • Pavement crack sealing
  • Pavement Slurry Seal/Fog Seal/Rejuvenator
  • Pavement markings
  • Limited pavement failure repairs
  • Drainage maintenance
  • Sweeping
  • Herbicide – fire ant control – mesquite tree eradication
  • Replacement bulbs/lamps for airside lighting fixtures and approach aids
  • Beacon, lighting, approach aids – repair and maintenance
  • Part replacement for AWOS not covered under warranty
Concrete Industrial Storm Water Permitting in Texas2018-10-10T02:05:02+06:00

Concrete & Industrial Storm Water Permitting

The U.S. Environmental Protection Agency (EPA), Region 6, has issued a final general permit (TXG110000) that regulates the discharge of facility wastewater and contact storm water from ready-mixed concrete plants, concrete products plants, and their associated facilities in Texas. Facilities with a Standard Industrial Classification (SIC) Code 3271, 3272, or 3273 may apply to the TCEQ for coverage under this general permit. The general permit’s effective date is February 2000. New facilities must submit an NOI 30 days prior to the date of initial discharge. On midnight February 14, 2005, this general permit expired. A renewal has been proposed and the 30-day public notice was published in the Texas Register on May 20, 2005. As authorized by 30 Texas Administrative Code (TAC) Chapter 205.5(b), existing discharges covered by this general permit will maintain coverage until the commission takes final action on the proposed renewal. Therefore, no new discharges can be authorized under this general permit or notices of intent (NOIs) accepted until issuance of the proposed renewal.

Key Requirements

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

Who is required to comply?

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.

What is involved in compliance?

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.

So What if I Don’t?

Enforcement authorities are empowered to bring charges under three classifications.

Criminal Sanctions

  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 imprisonme