CONSTRUCTION SITE EROSION & SEDIMENT CONTROL
SITE MAINTENANCE AND FAILURES
Downloadable copies of State Permit Documents
The TCEQ regulates pollution prevention maintenance under permit #TXR150000. Specific requirements can be found by downloading a .pdf version of the permit.
This permit requires any construction activities disturbing more than 1 acre of land to prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). In order to remain in compliance, the control measures used on site must be inspected either once every 2 weeks AND after every .5 inch of rainfall; or every 7 days, regardless of rainfall. Records for inspection results should be kept on site and the SWPPP should be updated as control measures are removed or replaced.
A control measure is an item actually placed on site to control some form of pollution. A silt fence is an example of a control measure.
A best management practice (BMP) is an action used to reduce polluted runoff from a site. Properly installing silt fence around all downstream areas to prevent sediment from leaving the site is a BMP. It is a small distinction, but an important one. A BMP can also be a training event, or some form of certification as well as many other items.
Every control measure has a different maintenance procedure and threshold. However, all control measures require maintenance of some kind to remain effective. A thorough and regular inspection schedule aids in identifying which control measures need maintenance and when. City Inspectors will visit sites from time to time to perform Site Stormwater Inspections in addition to the regular inspections. Control measures in need of maintenance, repair or replacement will be identified and the site operator will have up to 7 days before fines for failure to comply may be enforced.
When control measures fail, regardless of cause, it is the responsibility of the site operator to remove the pollutant from the local waterways, storm drain system or adjacent land surface. The removal method will depend on the type and location of the pollutant. The removal of the pollutant should also not cause any further degradation of the environment.
If it can be determined that the failure was due to known damaged, removed or improperly installed or maintained control measures fines may be assessed. If the control measure was properly installed and maintained, but a failure occurred anyway the site operator IS still responsible for removing the result of the failure. It would be wise to re-evaluate control measure failures to ensure an appropriate control measure is in place.
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