11.11.2014 Town Council Packet
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Announcements of upcoming events.
4. Presentations.
Presentation of a Proclamation to members of the Prosper Historical Society and
local veterans proclaiming November 11, 2014, as Veterans Day.
Presentation of a Proclamation to members of the Pulmonary Hypertension
Association proclaiming November 2014 as Pulmonary Hypertension Awareness
Month.
Presentation to members of the Town of Prosper Finance Division for receiving a
Certificate of Achievement for Excellence in Financial Reporting from the
Government Finance Officers Association for the Comprehensive Annual Financial
Report for the fiscal year ended September 30, 2013.
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
5a. Consider and act upon minutes from the following Town Council meeting. (RB)
Regular Meeting – October 28, 2014
5b. Consider and act upon canceling the November 25, 2014, and the December 23,
2014, Prosper Town Council meetings. (RB)
5c. Consider and act upon authorizing the Town Manager to execute an Interlocal
Agreement with Collin County related to the Coleman Street between Prosper
Trail and Preston Road project. (MR)
5d. Consider and act upon whether to direct staff to submit a written notice of appeal
on behalf of the Town Council to the Development Services Department,
pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning
Ordinance, regarding action taken by the Planning & Zoning Commission on any
site plan or preliminary site plan. (AG)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, November 11, 2014
6:00 p.m.
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6. CITIZEN COMMENTS:
(The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please complete
a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the
meeting.)
Other Comments by the Public -
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting. Citizens wishing to address the Council for items listed as public
hearings will be recognized by the Mayor. Those wishing to speak on a non-public
hearing related item will be recognized on a case-by-case basis, at the discretion of the
Mayor and Town Council.)
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon a request for a variance to the
Sign Ordinance, Section 1.09(D), regarding Monument Signs, regarding an alternative
detached sign, located on the north side of Broadway Street, 550± feet east of Coleman
Street. (V14-0003). (AG)
DEPARTMENT ITEMS:
8. Consider and act upon authorizing the Town Manager to execute a Contract
Amendment #2 with Kimley-Horn and Associates, Inc., related to the Coleman Street
from Prosper Trail to Prosper High School project. (MR)
9. Consider and act upon approving the Prosper Youth Sports Commission (PYSC)
inaugural by-laws. (WM)
10. Discussion on implementing the Stormwater Management Program requirement to meet
conditions of the TCEQ General Permit to discharge under the Texas Pollutant
Discharge Elimination System. (DH)
11. Discussion on the design of the Downtown Enhancements project. (MR)
12. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
12a. Section 551.087 – To discuss and consider economic development incentives.
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12b. Section 551.072 – To discuss and consider purchase, exchange, lease or value
of real property for municipal purposes and all matters incident and related
thereto.
12c. Section 551.071 – To discuss possible litigation regarding claims related to
landscaping and irrigation projects, and all matters incident and related thereto.
12d. Section 551.071 - Consultation with Town Attorney regarding legal issues
associated with proposed extraterritorial jurisdiction release, and all matters
incident and related thereto.
13. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
14. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Proration of utility bill fixed charges for partial month customers. (KA)
School Zone Times at Rogers Middle School. (MR)
TXDOT recommendations for Preston Road speed limit. (MR)
Joint Town Council and Planning & Zoning Commission meeting agenda. (JW)
Centennial Celebration Committee update. (RB)
15. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town
Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted on November 7, 2014, at 5:00
p.m. and remained so posted at least 72 hours before said meeting was convened.
_________________________ _________________________
Robyn Battle, Town Secretary Date Noticed Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to
consult in closed session with its attorney and to receive legal advice regarding any item listed on this
agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are
limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes
with approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are
wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at
(972) 569-1011 at least 48 hours prior to the meeting time.
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Mike Davis
Councilmember Jason Dixon
Council Members Absent:
Councilmember Curry Vogelsang, Jr.
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Hulon T. Webb, Jr., Executive Director of Development and Community Services
John Webb, Director of Development Services
Alex Glushko, Senior Planner
Matt Richardson, Senior Engineer
Will Mitchell, Parks & Recreation Manager
Kent Austin, Finance Director
January Cook, Purchasing Agent
Doug Kowalski, Police Chief
Gary McHone, Assistant Police Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Councilmember Korbuly led the invocation. The Pledge of Allegiance and the Pledge
to the Texas Flag were recited.
3. Announcements of upcoming events.
Councilmember Dixon made the following announcements:
Early voting for the November 4 General Election will be held in Municipal Chambers
through October 31 for Collin County voters. On Election Day, Collin County voters
may vote at the Prosper ISD Central Administration Building located at 605 E. 7th
Street. Election information is available on the Town’s website, or by contacting the
Collin County or Denton County Election Offices.
MINUTES
Meeting of the Prosper Town Council
Prosper Independent School District
Central Administration Building
Board Room
605 East 7th Street, Prosper, TX 75078
Tuesday, October 28, 2014
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The Prosper Police Department is kicking off their annual “Cops with a Claus”
campaign to assist families in need during the holiday season by providing them with
gift cards for grocery stores, department stores, and a variety of merchants. Tax-
deductible donations of any amount may be dropped off at Prosper Town Hall, or the
Prosper Police Dispatch Office through December 6. For more information, please
contact Assistant Police Chief Gary McHone.
The Landscaping Project for the Preston Road Median has begun, and should be
complete within about four months. Landscape contractors will add a combination of
drought-resistant native plants, grass, shrubs, and trees to the median from Highway
380 north to FM 455 in Celina. Motorists should expect some lane closures during
the landscape project, and should use caution when driving near work areas.
4. Proclamations.
Proclamation presented to members of the Prosper Police Department
declaring October 23-31, 2014, as Red Ribbon Week.
Mayor Smith presented the Proclamation to Police Chief Doug Kowalski,
Assistant Police Chief Gary McHone, and Officer Rachel Fallwell of the Prosper
ISD Police Department.
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items
may be removed from the Consent Agenda by the request of Council Members
or staff.)
5a. Consider and act upon minutes from the following Town Council
meeting. (RB)
Regular Meeting – October 14, 2014
5b. Receive the September 2014 Financial Report. (KA)
5c. Receive the Quarterly Investment Report for the quarter ending
September 30, 2014. (KA)
5d. Consider and act upon Resolution No. 14-73 accepting and approving
the 2014 tax roll. (KA)
5e. Consider and act upon approving a Priority Support Agreement between
VP Imaging, Inc., dba DocuNav Solutions, and the Town of Prosper,
Texas, related to the upgrade and maintenance of the Town's Laserfiche
software; and authorizing the Town Manager to execute same. (RB)
5f. Consider and act upon approving Amendment Eight to the Interlocal
Agreement between Collin County and the Town of Prosper, extending
the agreement through FY 2014-2015, relating to Animal Control
Services; and authorizing the Town Manager to execute same. (TE)
5g. Consider and act upon approving Amendment Eight to the Interlocal
Agreement between Collin County and the Town of Prosper, establishing
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the service fee for FY 2014-2015 relating to Animal Sheltering Services;
and authorizing the Town Manager to execute same. (TE)
Councilmember Dixon made a motion and Deputy Mayor Pro-Tem Dugger
seconded the motion to approve all items on the Consent Agenda. The
motion was approved by a vote of 6-0.
6. CITIZEN COMMENTS:
(The public is invited to address the Council on any topic. However, the
Council is unable to discuss or take action on any topic not listed on this
agenda. Please complete a “Public Meeting Appearance Card” and present it to
the Town Secretary prior to the meeting.)
Other Comments by the Public -
Jack Dixon, 810 Long Valley Court, Prosper, thanked Mayor Smith and Library
Director Leslie Scott for attending the Lakes of Prosper chili cook-off, and encouraged
residents to attend the Prosper Historical Society Veterans Day event on November
6, 2014.
Irwin “Cap” Parry, 850 Kingsview Drive, Prosper, thanked the Council for the
opportunity to voice his concerns, and encouraged the Council to appoint a
committee of citizens to study the development of the downtown area.
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the
meeting, please fill out a “Public Meeting Appearance Card” and present it to
the Town Secretary prior to the meeting. Citizens wishing to address the
Council for items listed as public hearings will be recognized by the Mayor.
Those wishing to speak on a non-public hearing related item will be recognized
on a case-by-case basis, at the discretion of the Mayor and Town Council.)
7. Discussion of the Prosper Youth Sports Commission (PYSC) inaugural bylaws.
(WM)
Will Mitchell, Parks and Recreation Manager, gave a brief overview of the PYSC
bylaws, and then introduced Troy Brock, President of the PYSC. Mr. Brock explained
that the bylaws were developed using model bylaws from other communities, and
soliciting input from members of the local sports leagues and the Town Council. The
proposed bylaws were further modified recently, and a red-line version of the most
recent changes was provided to the Town Council. The Town Council discussed the
process for equitably deciding field and facility use, the Town Council’s role in the
appeal process, the rule requiring 80% of players on each team to live within Prosper
ISD boundaries, and financial reporting that would be required of each member
league.
Councilmember Dixon left the meeting at 6:53 p.m.
Mr. Brock informed the Town Council that the PYSC would meet again on November
10, and he invited the Town Council to submit feedback on the proposed bylaws prior
to that meeting.
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8. Consider and act upon an amendment to the Capital Improvement Plan (CIP).
(MR)
Senior Engineer Matt Richardson presented this item before the Town Council. The
Seventh Street project (Coleman Street to PISD Admin) was approved for
construction of drainage, water, sewer and paving improvements, and incidental
engineering and easement acquisition. Bid proposals have been reviewed for the
project, and Town staff is requesting an amendment to the CIP in the additional
amount of $196,345 for a total project cost of $990,000.
After discussion, Deputy Mayor Pro-Tem Dugger made a motion and Councilmember
Korbuly seconded the motion to approve an amendment to the Capital Improvement
Plan (CIP), in the additional amount of $196,345 for the Seventh Street (Coleman to
PISD Admin) project. The motion was approved by a vote of 5-0.
9. Consider and act upon awarding Bid No. 2015-03-B to P.C. Contractors, LLC,
related to construction services for the Prosper Road Improvements Project
2015: Seventh Street (Coleman Road to PISD Admin.) Pavement Replacement
and Water Line Installation; and authorizing the Town Manager to execute a
construction agreement for same. (MR)
Senior Engineer Matt Richardson presented this item before the Town Council. The
contract will replace the existing asphalt pavement on Seventh Street and parts of
Church Street with new concrete pavement, including incidental work on driveways
and drainage culverts. An 8” water line along the south side of Seventh Street, and
four additional fire hydrants will be installed, increasing the ability of the Fire
Department to respond in that area. After reviewing thirteen bids, Town staff
recommended that the Town Council award the bid to P.C. Contractors for a total
project cost of $990,000.
Councilmember Korbuly made a motion, and Councilmember Davis seconded the
motion to award Bid No. 2015-03-B to P.C Contractors, LLC, related to construction
services for the Prosper Road Improvement Project 2015 – Seventh Street –
Coleman Road to PISD Pavement Replacement and Water Line Installation; and
authorize the Town Manager to execute a construction agreement for the same. The
motion was approved by a vote of 5-0.
10. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
10a. Section 551.087 – To discuss and consider economic development
incentives.
10b. Section 551.072 – To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident
and related thereto.
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10c. Section 551.071 – To discuss possible litigation regarding claims related
to landscaping and irrigation projects, and all matters incident and
related thereto.
10d. Section 551.074 – To discuss appointments to the Planning & Zoning
Commission, Parks & Recreation Board, Prosper Economic
Development Corporation Board, Board of Adjustment/Construction
Board of Appeals, and Library Board.
10e. Section 551.071 - Consultation with Town Attorney regarding legal
issues associated with proposed extraterritorial jurisdiction release, and
all matters incident and related thereto.
The Town Council recessed into Executive Session at 7:15 p.m.
Councilmember Dixon returned to the meeting and joined the Executive Session at
8:13 p.m.
11. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 8:17 p.m. The following action
was taken as a result of Executive Session:
Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro-Tem Dugger seconded
the motion to appoint John Alzner to Place No. 4 on the Planning and Zoning
Commission, to replace Klaus Hillman who resigned from the position. The motion
was approved by a vote of 6-0.
12. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
Discuss the Town Council meeting schedule for the Thanksgiving and
Christmas holidays.
The Town Council directed Town staff to cancel the November 25, 2014, and the
December 23, 2014, Town Council meetings due to the Thanksgiving and
Christmas holidays.
Discuss the proposed agenda for the Town Council/Planning and Zoning
Commission Joint Work Session.
Town staff was provided with direction on the proposed agenda, which includes
discussion of the Town’s Comprehensive Plan.
13. Adjourn.
The meeting was adjourned at 8:28 p.m.
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These minutes approved on the 11th day of November, 2014.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Page 1 of 1
To: Mayor and Town Council
From: Robyn Battle, Town Secretary
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – November 11, 2014
Agenda Item:
Consider and act upon canceling the November 25, 2014, and the December 23, 2014, Prosper
Town Council meetings.
Description of Agenda Item:
Due to the upcoming holiday schedule, Town staff is proposing that the following Prosper Town
Council meetings be canceled:
November 25, 2014
December 23, 2014
Proposed Motion:
I make a motion to cancel the November 25, 2014, and the December 23, 2014, Prosper Town
Council meetings.
Prosper is a place where everyone matters.
TOWN SECRETARY’S
OFFICE
Item 5b
Page 1 of 2
To: Mayor and Town Council
From: Matt Richardson., P.E., Senior Engineer
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – November 11, 2014
Agenda Item:
Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement with
Collin County related to the Coleman Street between Prosper Trail and Preston Road project.
Description of Agenda Item:
On October 20, 2014, the Collin County Commissioner's Court authorized the assignment of
discretionary bond funds to several transportation projects submitted for consideration by local
cities. Among the selected projects was Coleman Street from Prosper Trail to Preston Road
with a funding assignment from Collin County of $1,412,500. This funding is in addition to the
Town's allocation of $1,880,000 in the current Capital Improvement Program.
The scope of work proposed for this funding includes the reconstruction of Coleman Street
between Prosper Trail and Prosper High School as a two-lane curb and gutter roadway and the
construction of a new extension of Coleman Street between Prosper High School and Preston
Road as a two-lane curb and gutter roadway. This work will be completed in two phases with
the first phase (south of the high school) being substantially completed in August 2015 and the
second phase (east of the high school) being substantially completed in December 2015.
This Interlocal Agreement provides the framework for Collin County's participation in the project.
The County will provide payment of the $1,412,500 in two installments: 50% at the start of
construction and the remaining 50% at the halfway point of construction. The Town is
responsible for preparing the engineering design for the roadway, acquiring right-of-way, and for
constructing the roadway.
Budget Impact:
The Collin County funding associated with this Interlocal Agreement is already included in the
Capital Improvement Program.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the Interlocal Agreement as to
form and legality.
Attached Documents:
1. Location Map
2. Interlocal Agreement
ENGINEERING
Prosper is a place where everyone matters.
Item 5c
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute an
Interlocal Agreement with Collin County related to the Coleman Street between Prosper Trail
and Preston Road project.
Proposed Motion:
I move to authorize the Town Manager to execute an Interlocal Agreement with Collin County
related to the Coleman Street between Prosper Trail and Preston Road project.
Item 5c
1
INTERLOCAL AGREEMENT
BETWEEN COLLIN COUNTY AND THE TOWN OF PROSPER
CONCERNING THE IMPROVEMENTS TO
COLEMAN STREET BETWEEN PROSPER TRAIL AND PRESTON ROAD
2007 BOND PROJECT #07-00-30
WHEREAS, the County of Collin, Texas (“County”) and the Town of Prosper, Texas (“Town”) desire to
enter into an agreement concerning the construction of improvements to Coleman Street between Prosper
Trail and Preston Road (the “Project”) in Prosper, Collin County, Texas; and
WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local
government to contract with one or more local governments to perform governmental functions and
services under the terms of the Act; and
WHEREAS, the Town and County have determined that the improvements may be constructed most
economically by implementing this agreement.
NOW, THEREFORE, this agreement is made and entered into by the County and the Town upon and for
the mutual consideration stated herein.
WITNESSETH:
ARTICLE I.
The Town shall arrange to construct improvements to Coleman Street between Prosper Trail and
Preston Road, hereinafter called the “Project”. The Project shall consist of constructing a two -lane
undivided arterial (one-half of an ultimate four-lane divided arterial) from Prosper Trail to the south
boundary of Prosper High School and from the east boundary of Prosper High School to Preston Road, a
distance of approximately 6,000 linear feet. The improvements shall also include construction of
underground storm sewers as part of the road improvements and a traffic signal at Coleman Street and
Prosper Trail (if warranted). All improvements shall be designed to meet or exceed the current Collin
County design standards and shall be constructed in accordance with the plans and specifications approved
by the Town.
ARTICLE II.
The Town shall prepare plans and specifications for the improvements, accept bids and award a
contract to construct the improvements and administer the construction contract. In all such activities, the
Town shall comply with all state statutory requirements. The Town shall provide the County with a copy
of the executed construction contract(s) for the Project.
ARTICLE III.
The Town shall also acquire approximately 3 acres of real property in the vicinity of the
improvements for use as right-of-way.
ARTICLE IV.
The Town estimates the total actual cost of the project to be $3,200,000. The County agrees to
fund up to one half of the total cost to construct the improvements in an amount not to exceed $1,412,500.
The County shall remit 50 percent of this amount ($706,250) to the Town within thirty (30) days after the
Town issues a Notice to proceed to the lowest responsible bidder and the Town requests payment or upon
the availability of bond funds for this Project, whichever occurs later. The County will remit the remaining
50 percent within thirty (30) days after receipt of notice from the Town that the Project is 50 percent
complete. Following completion of the Project, the Town shall provide a final accounting of expenditures
Item 5c
2
for the Project. If the actual cost to construct the Project is less than the estimated amount set forth herein,
the Town shall remit the County 50 percent of the difference between the estimated cost and the actual cost.
The Commissioners Court may revise this payment schedule based on the progress of the Project. The
“total cost of the Project” shall include land acquisition, engineering, construction, inspection, testing,
street lighting, and construction administration costs including contingencies.
ARTICLE V.
The County’s participation in the Project shall not exceed $1,412,500.
ARTICLE VI.
The Town shall prepare for the County an itemized statement specifying Project costs that have
been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until
Project completion.
ARTICLE VII.
The Town and County agree that the party paying for the performance of governmental functions
or services shall make those payments only from current revenues legally available to the paying party.
ARTICLE VIII.
INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO
RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS,
AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR
INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY
OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE
ATTORNEYS’ FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR
RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS
NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS,
EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN
CONNECTION WITH PERFORMING THIS AGREEMENT.
ARTICLE IX.
VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and
enforcement of this agreement. The parties agree that this agreement is performable in Collin County,
Texas and that exclusive venue shall lie in Collin County, Texas.
ARTICLE X.
SEVERABILITY. The provisions of this agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this agreement is for any reason held by a court of competent
jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law,
the remaining portions of the agreement shall be enforced as if the invalid provision had never been
included.
ARTICLE XI.
ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and
may only be modified in a writing executed by both parties.
Item 5c
3
ARTICLE XII.
SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their
successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in
this agreement without the written consent of the other party.
ARTICLE XIII.
IMMUNITY. It is expressly understood and agreed that, in the execution of this agreement,
neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would
otherwise be available to it against claims arising in the exercise of governmental powers and functions.
By entering into this agreement, the parties do not create any obligations, express or implied, other that
those set forth herein, and this agreement shall not create any rights in parties not signatories hereto.
ARTICLE XIV.
TERM. This agreement shall be effective upon execution by both parties and shall continue in
effect annually until final acceptance of the Project. This agreement shall automatically renew annually
during this period.
APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS
By:________________________ By:__________________________
Name:_____________________ Name: Keith Self
Title:______________________ Title: County Judge
Date:______________________ Date:________________________
Executed on this_____day of______,
2014, by the County of Collin,
pursuant to Commissioners’ Court
Order No.____________________.
ATTEST: TOWN OF PROSPER, TEXAS
By:_________________________ By:_________________________
Name: Robyn Battle Name: Harlan Jefferson
Title: Town Secretary Title: Town Manager
Date:________________________ Date:________________________
Executed on behalf of the Town of
Prosper pursuant to Town Council
Resolution No._________________
APPROVED AS TO FORM:
By:_________________________
Name: Terrence Welch
Title: Town Attorney
Date:________________________
Item 5c
Coleman Street (Prosper Trail to Preston Road)
Phase 1
Prosper Trail - PHS
Phase 2
PHS – Preston Road
Item 5c
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – November 11, 2014
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning
& Zoning Commission on any site plan or preliminary site plan.
Description of Agenda Item:
Attached are the site plans and/or preliminary site plans acted on by the Planning & Zoning
Commission at their November 4, 2014 meeting. Per the Town’s Zoning Ordinance, the Town
Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town
Council to the Development Services Department for any site plan or preliminary site plan acted
on by the Planning & Zoning Commission.
Attached Documents:
1. Preliminary site plan for Custer Self Storage.
2. Site plan for Custer Self Storage.
Town Staff Recommendation:
Town staff recommends that the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Item 5d
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2TQURGT6:SITE PLAN01 - PRELIMINARY SITE PLANItem 5d
NANCY CASHON,INST. NO. 20090601000664970,O.P.R.C.C.T.LAND USE = SINGLE FAMILYOWNER: NAZNAT, LPVOL. 2100, PG. 59, D.R.C.C.T.LAND USE= SINGLE FAMILYCOLLIN GREEN,VOL. G, PG. 245,M.R.C.C.T.LAND USE = SINGLE FAMILYLOT 1410' UTILITYEASEMENT (PLAT)COLLIN GREEN,VOL. G, PG. 245,M.R.C.C.T.LAND USE = SINGLE FAMILYLOT 13KIM YOUNG LEI,INST. NO. 20121219001618900,O.P.R.C.C.T.HAGGARD ENTERPRISES LIMITED,
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2TQURGT6:PHASE 201 - SITE PLANItem 5d
Page 1 of 3
On
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – November 11, 2014
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request for a variance to the Sign
Ordinance, Section 1.09(D), regarding Monument Signs, regarding an alternative detached sign,
located on the north side of Broadway Street, 550± feet east of Coleman Street. (V14-0003).
Description of Agenda Item:
On September 9, 2014, the Town Council approved an ordinance rezoning the subject property
from Single Family-15 (SF-15) to Downtown Office (DTO), in accordance with the Future Land
Use Plan. On September 16, 2014, the Planning & Zoning Commission approved a site plan for
a realty office in the existing 1,367 square foot building. The property improvements include the
conversion of the single family residence to an office building, the addition of three (3) parking
spaces, the construction of a screening fence along the north side of the property, and
landscaping and irrigation in accordance with the Zoning Ordinance.
Businesses that seek to install a detached advertising sign are required to follow the regulations
for a monument sign. The applicant is seeking a variance regarding the requirements for
Monument Signs to permit an alternative detached sign, as shown on the attached exhibit. A
comparison of the requirements for a monument sign and the requested sign, as proposed by
the applicant, are noted below:
Monument Sign Requested Alternative Detached Sign
Max. size 64 square feet 12 square feet (excluding mounting
post)
Max. height 8 feet ± 6 feet
Min. front setback 15 feet 5 feet
Min. side setback 15 feet 2.5 feet
Min. height of text and graphics 6 inches Less than 6 inches
Min. distance of text and
graphics from top and sides of
sign
6 inches Less than 6 inches
Min. distance of text and
graphics from bottom of the
sign
12 inches Less than 12 inches
Prosper is a place where everyone matters.
PLANNING
Item 7
Page 2 of 3
The Sign Ordinance requires monument signs to be constructed of the same primary masonry
materials as the front building façade of the principal or main building on the same lot or shall be
stone or brick and shall be of similar architectural style. The primary material of the existing
building is cementatious fiber board, and the requested mounting post of the sign is proposed to
be wood, painted to match the building, which will be architecturally complimentary.
The applicant indicated the request is based on the narrowness of the lot and the setback of the
structure from the edge of the roadway due to the 100 feet of right-of-way of Broadway.
Additionally, due to the relatively small size of the sign, the required minimum size of the text
cannot be met.
The Sign Ordinance has five (5) criteria to be considered in determining the validity of a sign
variance request. In order to approve a request for a variance, the Town Council shall
determine that the request meets four (4) of the five (5) criteria. These criteria, as well as staff’s
responses for each, are below:
1. The literal enforcement of the sign regulations will create an unnecessary hardship or a practical
difficulty on the applicant;
The sign regulations require signs to be setback a minimum of fifteen (15) feet from the
property lines. The subject property is approximately fifty-five (55) feet wide with an existing
building located within fifteen (15) feet of the front property line. Along the west side of the
property, the building is within fifteen (15) feet of the property line, and along the east side of
the property, the driveway is within fifteen (15) feet of the property line. The literal
enforcement of the regulations in combination with the existing conditions of the subject
property does not appear to allow for a monument sign to be placed on the property in
accordance with the Sign Ordinance.
2. The proposed sign shall not adversely impact and will be wholly compatible with the use and
permitted development of the adjacent property (visibility, size, etc.);
The proposed design and size of the sign is more compatible with the residential-style of the
structure as compared to a typical monument sign.
3. The proposed sign shall be of a unique design or configuration;
The proposed sign is an alternative type of detached signage which is of unique design and
is appropriate for use in a downtown setting.
4. The special exception is needed due to a hardship caused by restricted area, shape, topography,
or physical features that are unique to the property or structure on which the proposed sign would
be erected, and such hardship is not self imposed;
The unique restrictions on this property which are not self-imposed include 1) the setback of
the existing structure from the front property line, 2) the width of the lot and 3) the depth of
the parkway.
5. The special exception will substantially improve the public convenience and welfare and does not
violate the intent of this Ordinance.
This request does not violate the intent of the Sign Ordinance.
Item 7
Page 3 of 3
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by the Sign Ordinance.
Town staff has received one public hearing notice reply form, not in opposition to the request.
Attached Documents:
1. Sign variance exhibits.
2. Public hearing notice reply form.
Town Staff Recommendation:
Town staff recommends that the Town Council approve the request for a variance to the Sign
Ordinance, Section 1.09(D), regarding Monument Signs, regarding an alternative detached sign,
located on the north side of Broadway Street, 550± feet east of Coleman Street.
Proposed Motion:
I move to approve the request for a variance to the Sign Ordinance, Section 1.09(D), regarding
Monument Signs, regarding an alternative detached sign, located on the north side of Broadway
Street, 550± feet east of Coleman Street.
Item 7
Item 7
Potential Sign Location
at Owners Direction
Item 7
Item 7
Item 7
Page 1 of 2
To: Mayor and Town Council
From: Matt Richardson., P.E., Senior Engineer
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – November 11, 2014
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Contract Amendment #2
with Kimley-Horn and Associates, Inc., related to the Coleman Street from Prosper Trail to
Prosper High School project.
Description of Agenda Item:
On March 25, 2014, Town Council authorized a professional services agreement with Kimley-
Horn and Associates, Inc., in the amount of $199,100 related to the design of Coleman Street
from Prosper Trail to Prosper High School. At that time, Town staff was working with Collin
County to secure additional funding to increase the scope of the project to include a new
extension of Coleman Street from Prosper High School to Preston Road. Since the additional
funding was uncertain at that time, the design of the new extension was not included in the
original contract.
On October 20, 2014, the Collin County Commissioner's Court authorized the assignment of
discretionary bond funds to Coleman Street from Prosper Trail to Preston Road. An Interlocal
Agreement with Collin County formalizing this funding assignment is also on this Town Council
agenda. On October 27, 2014, the Town Manager executed Contract Amendment #1 with
Kimley-Horn in the amount of $10,000 authorizing them to proceed with a topographic survey
for the new extension.
Town staff and Kimley-Horn have since developed Contract Amendment #2 regarding the
remaining design services for the new extension. Contract Amendment #2 includes preliminary
and final engineering design services for the new extension of Coleman Street from Prosper
High School to Preston Road. It also includes right-of-way exhibits, geotechnical investigation,
and construction phase services similar to other capital projects. This amendment also includes
environmental investigation and permitting for a possible wetland area located within the
roadway alignment. Wetland mitigation, if necessary, is not included within the scope of work.
The total cost of Contract Amendment #2 is $149,850, which raises the total contract value to
$358,950.
Construction of Coleman Street will be split into two phases. The segment from Prosper Trail to
Prosper High School will be Phase 1 and is currently under design with construction anticipated
to begin in April 2015 and be substantially complete in August 2015. The segment from Prosper
High School to Preston Road will be Phase 2 and will begin design after execution of this
contract amendment. Construction of Phase 2 is anticipated to begin in July 2015 and be
substantially complete in December 2015, barring any issues with right-of-way acquisition.
ENGINEERING
Prosper is a place where everyone matters.
Item 8
Page 2 of 2
Budget Impact:
Funding for this contract amendment is included in the Capital Improvement Plan.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard contract amendment
as to form and legality.
Attached Documents:
1. Location Map
2. Contract Amendment #2
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute
Contract Amendment #2 with Kimley-Horn and Associates, Inc., related to the Coleman Street
from Prosper Trail to Prosper High School project.
Proposed Motion:
I move to authorize the Town Manager to execute Contract Amendment #2 with Kimley-Horn
and Associates, Inc., related to the Coleman Street from Prosper Trail to Prosper High School
project.
Item 8
Coleman Street (Prosper Trail to Preston Road)
Phase 1
Prosper Trail - PHS
Phase 2
PHS – Preston Road
Item 8
CONTRACT AMENDMENT #2 PAGE 1 OF 11
CONTRACT AMENDMENT #2
BETWEEN THE TOWN OF PROSPER, TEXAS,
AND KIMLEY-HORN AND ASSOCIATES, INC.
FOR THE COLEMAN STREET (PROSPER TRAIL TO TALON LANE) PROJECT (1405-ST)
This Contract Amendment for Professional Engineering Services, hereinafter called
“Amendment,” is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized
to act by the Town Council of said Town, hereinafter called “Town,” and Kimley-Horn and
Associates, Inc., a North Carolina corporation, acting through a duly authorized officer, hereinafter
called “Consultant,” relative to Consultant providing professional engineering services to Town. Town
and Consultant when mentioned collectively shall be referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, the Town previously engaged the services of the Consultant to design and prepare
construction documents for Coleman Street from Prosper Trail to Talon Lane, hereinafter called
“Original Project”; and
WHEREAS, the Parties previously entered into an professional services agreement regarding
the Original Project on or about March 25, 2014, in the amount of One Hundred Ninety-Nine Thousand
One Hundred and 00/100 Dollars ($199,100.00), hereinafter called the “Original Agreement”; and
Amendment #1 on or about October 27, 2014 in the amount of Ten Thousand and 00/100 Dollars
($10,000.00).
WHEREAS, the Parties now desire to amend the Original Agreement to increase the scope of
services and compensation provided to design and prepare construction documents for Coleman Street
from its existing eastern terminus to SH 289 / Preston Road.
For the mutual promises and benefits herein described, Town and Consultant agree to amend the
Original Agreement as follows:
1. Additional Services to be Performed by Consultant. The Parties agree that Consultant
shall perform such additional services as are set forth and described in Exhibit A2 – Scope of Services
and incorporated herein as if written word for word. All references in the Original Agreement to
“Exhibit A” are hereby amended to state “Exhibits A, A1 and A2.”
2. Additional Compensation of Consultant. Town agrees to pay to Consultant for the
satisfactory completion of all services included in this Amendment a total additional fee of One Hundred
Forty-Nine Thousand and Eight Hundred Fifty and 00/100 Dollars ($149,850.00) for the additional
services as set forth and described in Exhibit B2 – Compensation Schedule and incorporated herein as
if written word for word. All references in the Original Agreement to “Exhibit B” are hereby amended
to state “Exhibits B, B1 and B2.”
3. Definition of Project. All references to "Project" in the Original Agreement shall be
understood to mean the services of the Consultant to design and prepare construction documents for
Coleman Street from Prosper Trail to Talon Lane, to conduct topographic survey associated with
extending Coleman Street from its existing eastern terminus to SH 289 / Preston Road, and to design and
prepare construction documents for Coleman Street from its existing terminus to SH 289 / Preston Road.
Item 8
CONTRACT AMENDMENT #2 PAGE 2 OF 11
4. Revised Compensation for Consultant's Services. Paragraph 3.1 of the Original
Agreement is hereby amended to increase Consultant's total compensation by deleting “Two Hundred
Nine Thousand One Hundred and 00/100 Dollars ($209,100.00)” and replacing it with “Three Hundred
Fifty-Eight and Nine Hundred Fifty and 00/100 Dollars ($358,950.00).”
5. Original Agreement. All other provisions and terms of the Original Agreement shall
remain in full force and effect and this Amendment to the Original Agreement shall in no way release,
affect, or impair any other provision or responsibility contained in the Original Agreement.
IN WITNESS WHEREOF, the Parties, having read and understood this Amendment, have
executed such in duplicate copies, each of which shall have full dignity and force as an original, on the
_______ day of _______________________, 20____.
KIMLEY-HORN AND ASSOCIATES, INC.
By:
Signature
Printed Name
Title
Date
TOWN OF PROSPER, TEXAS
By:
Signature
Harlan Jefferson
Printed Name
Town Manager
Title
Date
Item 8
CONTRACT AMENDMENT #2 PAGE 3 OF 11
EXHIBIT A2
SCOPE OF SERVICES
CONTRACT AMENDMENT #2
BETWEEN THE TOWN OF PROSPER, TEXAS,
AND KIMLEY-HORN AND ASSOCIATES, INC.
FOR THE COLEMAN STREET (PROSPER TRAIL TO TALON LANE) PROJECT (1405-ST)
I. PROJECT DESCRIPTION
Contract Amendment #2 includes design and preparation of construction documents (separate bid
package) for Coleman Street (2 lanes of ultimate 4-lane divided) from its existing eastern terminus to SH
289 (approximately 2,700 linear-feet), including the ultimate intersection layout at Victory Lane and SH
289 (eastbound and westbound approaches) and a southbound right-turn lane on SH 289. The
improvements include paving, drainage, pavement markings and signage, traffic control along SH 289,
and erosion control plans. The project also includes geotechnical, environmental, bidding and
construction phase services, and preparation of record drawings.
Landscaping, irrigation, lighting, water, sewer, sidewalks, warrant studies, and traffic signal designs are
not included, but can be added upon request as Additional Services. Additional Services shall be
performed only upon written authorization of the Town.
II. TASK SUMMARY, BASIC SERVICES (LUMP SUM)
Task 1 – Geotechnical Investigation (Subconsultant)
a. Subsurface Exploration
i. Along the roadway alignment, drill and extrude two (2) sample borings to depths of 15’
below existing grade using truck-mounted equipment. Borings will be drilled on center of
roadway at 1,000-feet spacing (or less). Additional depths or borings, if necessary, will
be provided as Additional Services only upon written Town authorization.
Check samples for consistency with a hand penetrometer
Stake the boring locations using normal taping procedures (location and elevation to
be surveyed)
Backfill bore holes and plug at the surface
Provide continuous sampling (with field strength testing)
Rock, if encountered, will be evaluated for hardness by TxDOT cone penetration field
testing
b. Laboratory Services
i. Testing
Moisture contents to determine profile of moisture variations
Atterberg limits and sieve analysis for classification of soils
Unconfined compression tests to evaluate soil strengths
Swell test to determine swell potential and subgrade treatment requirements
Lime Stabilization Series to determine percent lime and/or cement required for
subgrade stabilization
Sulfate test
Item 8
CONTRACT AMENDMENT #2 PAGE 4 OF 11
Standard proctor
Resilient modulus
c. Engineering Analysis
i. Prepare an addendum to the previously prepared engineering report presenting the
following:
Sample boring location map
General soil and ground-water conditions
Examine samples for visible evidence of sulfates and discuss in the reports
Recommendations for appropriate subgrade treatment, stabilization type, and
concentration
Recommended pavement section
Earthwork recommendations, including compaction criteria for any fill placed
ii. The geotechnical engineer’s design recommendations shall be relied upon by the
Consultant for design
iii. Submit one (1) copy of the report to the Town
Task 2 – Preliminary Design (30%)
a. Project Management and Administration
i. Up to three (3) meetings with Town staff and stakeholders (including the adjacent
landowners, TxDOT and/or franchise utility companies)
ii. Project site visits
iii. Develop project production plan
iv. Coordinate with subconsultants
v. Prepare and email monthly progress reports with invoices
vi. Project correspondence and invoicing
b. Data Collection and Property Research
i. Collect property owner and record information
ii. Gather existing plat, right-of-way and easement information and supplement the
topographic survey. KHA will retain a title company to research each property for
existing easements. KHA will rely on the information provided by the title company to
identify easements. Undocumented easements may not be identified.
c. Roadway Design
i. Establish roadway centerline
ii. Prepare one (1) preliminary roadway plan/alignment, including ultimate intersection
improvements @ Victory Way and at SH 289 (ultimate Coleman Street eastbound and
westbound approach and a southbound right-turn lane on SH 289).
1. Prepare typical sections.
2. Prepare preliminary plan and profile (roll plot format, 1”=100’ scale). Items to be
included:
a. Plan
Control data
Existing / proposed right-of-way and easements
Existing topography
Existing pavement
Proposed centerline alignment and horizontal curve data
Proposed back of curb
Proposed storm sewer and culvert alignments and sizes
Item 8
CONTRACT AMENDMENT #2 PAGE 5 OF 11
Existing trees to remain (if possible)
Existing trees to be removed
Existing Town utility locations
Existing franchise utility locations (relying upon information provided by
franchise utilities and SUE information)
Conduit layout at Victory Lane and west side of SH 289 for future signals
b. Profile
Existing Ground Profile and Proposed Vertical Alignment (top of curb)
d. Drainage Design
i. Compile the hydrological and hydraulic data. Size one (1) ultimate culvert crossing near
existing pond.
ii. Develop the project drainage area map
1. Determine conveyance paths, channel slopes, time of concentration, and runoff
coefficients as required to calculate design-year flows
2. Subdivide the overall drainage areas into sub-areas and calculate the discharge at each
inlet. Analyze inlet capacities and adjust inlet locations and sub-areas as needed to
meet Town design criteria.
iii. Analyze drainage improvements required to accommodate the ultimate roadway.
Evaluate the need for any offsite drainage improvements and report to the Town (the
need for offsite improvements, including channel improvements, is not anticipated). The
design of any offsite drainage improvements (if required) will be considered an
Additional Service. Additional Services shall be performed only upon written
authorization of the Town.
iv. Identify the need for additional drainage easements to accommodate the proposed
drainage improvements (if required).
e. Utility Design
i. Establish the location of existing public utilities based upon information provided by the
Town and field survey information
ii. Establish the location of existing franchise utilities based upon information gathered from
survey and franchisees Identify potential conflicts with franchise utilities. The Town shall
perform the coordination with the franchisees if any relocations are required. Consultant
shall provide plan sets upon request for franchise utility coordination purposes.
iii. Identify potential Town utility conflicts
iv. Minor adjustments to Town utilities will be called out. Water or sewer main design will
be considered Additional Services if required. Additional Services shall be performed
only upon written authorization of the Town.
f. Traffic Design
i. Prepare pavement markings and signage preliminary layout
ii. Traffic Control Plan: Traffic Control Plans and TxDOT standard details will be
developed and compiled as required by TxDOT for the SH 289 connection permit and
included in the Final Design Submittal.
g. Additional Conduit: Provide PVC carrier sleeves under proposed median openings and paved
medians for future irrigation and future signals (Victory Lane and west side of SH 289).
h. Streetscape, Landscaping, Irrigation, and Illumination Design are considered Additional
Services. Additional Services shall be performed only upon written authorization of the
Town.
i. Preliminary Design Submittal
Item 8
CONTRACT AMENDMENT #2 PAGE 6 OF 11
i. Submittal shall include the following (30%, up to three (3) copies of each, hardcopy, and
PDF):
1. Preliminary roll plot, including typical sections. Roll plot will include paving plan
and profile and storm drain plan (no profile).
2. Preliminary drainage area map
3. Preliminary opinion of probable construction cost
Task 3 – Final Design (60%, 90%, Final)
a. Project Management and Administration
i. Up to three (3) meetings with Town staff and stakeholders (including the ISD and
franchise utility companies)
ii. Project site visits
iii. Develop project production plan
iv. Coordinate with subconsultants
v. Prepare and email monthly progress reports with invoices
vi. Project correspondence and invoicing
b. General
i. Incorporate preliminary design submittal review comments
ii. Prepare plan sheets (22”x34” at a scale of 1” =20’ horizontal, and 1” =4’ vertical)
iii. Prepare general notes and technical specification data. Identify and prepare special
specifications and/or special provisions applicable to the project.
iv. Compile pay item listing, quantities, and update the overall opinion of probable
construction cost
c. Roadway Design
i. Finalize roadway plan and profile
ii. Develop design cross-sections
1. Develop on 50’ station intervals
2. Show pavement, subgrade, right-of-way limits, side slopes, pavement cross slopes,
curbs, and sidewalks
3. Cross-sections will be provided in the bid documents
iii. Prepare roadway details to clarify intent of design
iv. Compile applicable Town standard details. Modify standard details if needed.
d. Drainage Design
i. Perform final storm sewer sizing and alignment design. Prepare final inlet design sheets
and hydraulic design sheets for inclusion in the plans
ii. Prepare storm sewer plan / profile sheets depicting storm sewer lines, inlets, junction
boxes, connections, manholes, utility crossings, and hydraulic grade lines
iii. Prepare profiles for the proposed storm drain laterals
iv. Determine outfall grading requirements and provide plans and details for channel
protection. Design of retaining walls and gabion mattresses (beyond specification of
material/method), and channel protection/improvements outside public right-of-way will
be provided as Additional Services only upon Town written authorization.
v. Provide details to construct storm sewer outfalls
vi. Prepare drainage details to clarify intent of design. Compile applicable Town standard
details. Modify standard details if needed.
vii. Create details for connections to existing system (where applicable)
Item 8
CONTRACT AMENDMENT #2 PAGE 7 OF 11
viii. Prepare erosion control plan. Incorporate Best Management Practices (BMPs) from
NPDES Phase II initiative. Coordinate water quality elements with traffic control
during construction stages.
ix. Compile Storm Water Pollution Prevention Plan (SWPPP) to meet NPDES Phase II
requirements
e. Utility Design
i. Minor adjustments to utilities will be specified in the plans
ii. Continue to identify potential conflicts with existing franchise utilities. The Town shall
perform the coordination with the franchisees if any relocations are required. Consultant
shall provide plan sets upon request for franchise utility coordination purposes.
f. Traffic Design
i. Finalize Traffic Control Plans. Traffic Control Plans and TxDOT standard details will be
developed and compiled as required by TxDOT for the SH 289 connection permit and
included in the Final Design Submittal.
ii. Pavement Markers and Marking Plans
1. Prepare pavement markers and marking layouts in accordance with Town design
standards and the Texas Manual of Uniform Traffic Control Devices (TMUTCD)
2. Prepare details to clarify intent of design
3. Compile applicable Town standard details. Modify standard details as needed.
4. Signing layout will be provided
g. Final Design Submittal (60% and 90%)
i. Incorporate design review comments
ii. Submittal shall include the following (60% and 90%, up to three (3) copies of each,
hardcopy and PDF):
1. Design Plans (11”x17”)
2. Project Manual (in Town standard format)
3. Opinion of Probable Construction Cost
h. Final Design Submittal (Final)
i. Incorporate design review comments
ii. Submittal shall include the following (Final, up to three (3) copies of each, hardcopy and
PDF):
1. Design Plans (11”x17”)
2. Project Manual (in Town standard format)
3. Opinion of Probable Construction Cost
4. Completed TDLR application (along with one of the plan sets) for RAS review in
accordance with to the Elimination of Architectural Barriers Act. Consultant will be
responsible for TDLR/RAS coordination, including fees.
5. Formal TxDOT Driveway Permit Set for the Coleman / SH 289 connection. Town
will coordinate with TxDOT and submit PDF plans to TxDOT for permitting.
i. Submit a letter of notification to the Town stating completion of the design of the project
Tasks 4a and 4b – Environmental
It is KHA’s understanding that the proposed roadway alignment has the potential to cross waters of the
U.S. Task 4a is a general environmental assessment and field reconnaissance to determine the extents of
potentially jurisdictional wetlands and other waters of the U.S. If the impacts to waters of the U.S. fit
the conditions of Nationwide Permit 14 (Linear Transportation Projects) and do not trigger notification
to the Corps, Task 4b is applicable.
Item 8
CONTRACT AMENDMENT #2 PAGE 8 OF 11
If any triggers for notification to the Corps are met, then it will be necessary to proceed with a NWP 14
Pre-Construction Notification task, and would be pursued under a separate agreement. This may be
required if:
the permit General or Regional Conditions cannot be met;
specific triggers for notification to the Corps are met within the permit;
the impact thresholds for the Nationwide Permit program are exceeded (greater than 0.10-ac
and are less than 0.5-ac);
Town, or others request verification from the Corps.
If impacts exceed 0.5-ac, then an individual permit would be required and would be pursued under a
separate agreement.
On June 5, 2007, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers
jointly issued guidance interpreting the Supreme Court’s June 2006 split decision in the consolidated
cases Rapanos v. U.S. and Carabell v. U.S. (known as the Rapanos decision). The Court’s split decision
in Rapanos has caused uncertainty among EPA/Corps field personnel and the general public regarding
the scope of federal jurisdiction. Observations will also address the June 2007 Post-Rapanos joint, EPA
and Corps, guidance on Jurisdiction. It is important to note that EPA and the Corps occasionally issue
guidance concerning what they intend to exert jurisdiction over. Observations will be made under the
applicable guidance at the time of the observations.
Task 4a – Environmental Assessment and Determination
a. Review of available reports prepared by others, readily available aerial photography and
published data for the project, including historical aerials, USGS topographic maps and
USDA soils maps.
b. Field reconnaissance of the proposed alignment to determine the approximate extent of
potentially jurisdictional wetlands and other waters of the U.S. (if present) that may be
subject to Section 404/401. The locations of ground level photographs and representative
aquatic features will be collected with a mapping grade GPS unit. The GPS data will be
used in Task 4b for mapping the general locations of the features. KHA does not anticipate
the need to flag or survey jurisdictional areas. If this is required, it can be performed as an
Additional Service only upon written authorization of the Town. If positive indicators for all
three wetland indictors (hydrology, hydric vegetation, and confirmed hydric soils
conditions) are observed, KHA will recommend that the areas be delineated in accordance
with Corps’ approved methodology (commonly referred to as using the ‘1987 Manual’, as
modified by the appropriate Regional Supplement to the Corps of Engineers Wetland
Delineation Manual.
c. A letter report will be prepared to describe our findings and to provide an initial permit
strategy, if needed, relating to 404 permitting. The report will contain a narrative
description and sketches of wetlands, streams, open water, and areas of concern, if observed
during the site visit. Mapping will be of the appropriate size and scale to facilitate planning
relative to Corps’ jurisdiction along the alignment. Mapping will be performed in ArcGIS
and converted to CAD if necessary. The report will discuss potential permitting scenarios
based on field observations and review of the proposed alignment. Details for specific types
of permitting will be provided based on limited field observations. Limited observations
Item 8
CONTRACT AMENDMENT #2 PAGE 9 OF 11
will also be made relative to the quality of the observed aquatic features to facilitate a brief
discussion on mitigation requirements. Based upon potential impacts to areas thought to be
under Corps’ jurisdiction, the report may recommend more detailed studies to support the
findings and facilitate coordination with the Corps.
Task 4b – USACE NWP 14 Descriptive Memorandum (if required)
No Notification Scenario. This Task assumes the proposed impacts to waters of the US are less than 0.1-
acre at the proposed crossing, the project will not include impacts to ‘special aquatic sites’ including
wetlands, and will not cause stream channelization.
a. Prepare a memo discussing Corps Section 404 Permitting under a ‘no notification’ scenario
including a description of selected General Conditions as well as a suggested list of BMPs
required for compliance with TCEQ water quality certification. This memo can be used to
document the thought process for using this permitting scenario and to provide the
Contractor with information relating to permit compliance. Though no coordination with
the Corps is proposed, the activity will be authorized under a Federal permit. All terms and
conditions of the permit must be met.
b. The memo will include the following information:
Brief project description, including site sketches, as it relates to proposed impacts to
waters of the US;
Site visit photographs to document existing/preconstruction conditions;
A copy of the NWP 14 permit language with General Conditions;
State Water Quality Certifications and Conditions;
NWP Regional Conditions for Texas;
Cultural Resources information from readily available databases;
Threatened and Endangered Species information from readily available databases.
c. One site visit by a professional wetland scientist is included in this task to gather
information useful for the memo. This task assumes coverage under the 2012-2017
nationwide permits.
Task 5 – Bid and Construction Phase Services
a. Final bidding documents submittal
i. Provide four (4) half-size sets for plan room distribution
ii. Provide three (3) half-size sets for Town’s use
iii. Provide hard copy sets if requested by Contractor. Consultant to charge fee to recover
cost of such sets.
iv. Provide PDF version on CD
b. Town will issue bid documents to prospective bidders via electronic site, maintain a list of
bidders to whom bidding documents have been issued, and addenda as appropriate to
interpret, clarify, or expand the bidding documents. Assist the Town as needed.
c. Attend a pre-bid meeting with prospective bidders and the bid opening.
d. Town to tabulate the bids received and evaluate the compliance of the bids received with the
bidding documents
e. Town to prepare a written summary of this tabulation and evaluation together with a letter
addressing the award of the construction contract
f. Final construction plan submittal (conformed sets)
Item 8
CONTRACT AMENDMENT #2 PAGE 10 OF 11
a. Provide one (1) full-size, three (3) half-size, and CD for Town’s use
b. Provide four (4) full-size, two (2) half-size, and CD for Contractor’s use
c. Provide three (3) sets of Project Manual (conformed) for execution following award
g. Construction Phase Services
i. Pre-Construction Conference. Prepare for and conduct the Pre-Construction Conference
prior to commencement of Work at the Site.
ii. Shop Drawings and Samples. Review and approve or take other appropriate action in
respect to Shop Drawings and Samples and other data which Contractor is required to
submit, but only for conformance with the information given in the Contract Documents
and compatibility with the design concept of the completed Project as a functioning
whole as indicated in the Contract Documents. Such review and approvals or other
action will not extend to means, methods, techniques, equipment choice and usage,
sequences, schedules, or procedures of construction or to related safety precautions and
programs.
Task 6 – Record Documents
a. Consultant shall prepare construction Record Documents based on the information received
from the Contractor in accordance with Article 3.
III. DELIVERABLES
a. At the completion of each Task, the Consultant shall ensure the delivery of each deliverable
listed under each Task.
Item 8
CONTRACT AMENDMENT #2 PAGE 11 OF 11
EXHIBIT B2
COMPENSATION SCHEDULE
CONTRACT AMENDMENT #2
BETWEEN THE TOWN OF PROSPER, TEXAS,
AND KIMLEY-HORN AND ASSOCIATES, INC.
FOR THE COLEMAN STREET (PROSPER TRAIL TO TALON LANE) PROJECT (1405-ST)
I. COMPENSATION SCHEDULE
Task Completion
Schedule
Compensation
Schedule
Notice-to-Proceed
Task 1 – Geotechnical Investigation
Task 2 – Preliminary Design (30%)
Task 3 – Final Design (60%, 90%, Final)
Task 4a – Env. Assessment and Determination
Task 4b – USACE NWP 14 Descriptive Memo
Task 5 – Bid and Construction Phase Services
Task 6 – Record Documents
December 2014
February 2015
February 2015
May 2015
May 2015
May 2015
December 2015
March 2016
$3,250.00
$39,500.00
$89,000.00
$3,000.00
$3,500.00
$7,600.00
$4,000.00
Total Compensation $149,850.00
II. COMPENSATION SUMMARY
Basic Services (Lump Sum) Amount
Task 1 – Geotechnical Investigation
Task 2 – Preliminary Design (30%)
Task 3 – Final Design (60%, 90%, Final)
Task 4a – Env. Assessment and Determination
Task 4b – USACE NWP 14 Descriptive Memo
Task 5 – Bid and Construction Phase Services
Task 6 – Record Documents
$3,250.00
$39,500.00
$89,000.00
$3,000.00
$3,500.00
$7,600.00
$4,000.00
Total Basic Services: $149,850.00
Special Services (Hourly Not-to-Exceed) Amount
None $0,000.00
Total Special Services: $0,000.00
Direct Expenses Amount
None $0,000.00
Total Direct Expenses: $0,000.00
Item 8
Page 1 of 1
To: Mayor and Town Council
From: Will Mitchell, Parks and Recreation Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – November 11, 2014
Agenda Item:
Consider and act upon approving the Prosper Youth Sports Commission (PYSC) inaugural bylaws.
Description of Agenda Item:
At the October 22, 2013, Town Council meeting, an ordinance was adopted establishing the
Prosper Youth Sports Commission (PYSC). Per the ordinance, the PYSC is required to have the
bylaws, as originally adopted and all amendments approved by the Town Council.
Over the last several months, members of the PYSC have worked on the bylaws which were
presented to the Town Council for discussion at the October 28, 2014, Town Council meeting.
Comments were received and presented to the PYSC for final consideration. Attached to the staff
report are redlines of the comments received by the Town Council, bluelines showing any
additional changes made based on the Town Council comments received, and the proposed PYSC
inaugural bylaws to be considered by the Town Council.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the bylaws as to form and legality
and the following changes were made:
Rename Article IX as “Duties of Leagues” and delete “Criteria.” Make appropriate changes in
the Table of Contents.
Add subparts of Article IX in the Table of Contents.
Revise page numbers in the Table of Contents.
Attached Documents:
1. PYSC bylaws redline comments from Town Council
2. PYSC bylaws addressing redline comments with recommended changes
3. PYSC inaugural bylaws
Town Staff Recommendation:
Town staff recommends that the Town Council approve the Prosper Youth Sports Commission
(PYSC) inaugural bylaws.
Proposed Motion:
I move to approve the Prosper Youth Sports Commission (PYSC) inaugural bylaws.
Prosper is a place where everyone matters.
PARKS &
RECREATION
Item 9
BYLAWS OF THE
PROSPER YOUTH SPORTS COMMISSION
(PYSC)
Item 9
2 | Page
TABLE OF CONTENTS
Thursday, November 06, 2014
ARTICLE I - MISSION 3
ARTICLE II - OFFICES 3
Registered Office and Agent Address 3
ARTICLE III - MEMBERSHIP IN COMMISSION 3
ARTICLE IV - GOVERNMENT OF COMMISSION 3
Government of Commission 3
Territory of the Commission 3
Jurisdiction 4
Fiscal Year 4
Books and Records 4
Resignation 4
Amendments to Bylaws 4
ARTICLE V - MEETINGS OF COMMISSION 4
Place of Meetings 4
Annual Meeting 4
Special Meetings 5
Board of Directors Meetings 5
Emergency Actions 5
Notice of Meetings 5
Proxy 5
ARTICLE VI – NOTICE 5
Manner of Giving Notice 5
Waiver of Notice 5
ARTICLE VII - BOARD OF DIRECTORS 5
Board of Directors 5
Election of Board of Directors 6
Removal 6
Attendance at Meetings 6
Vacancies 6
Compensation 6
Parliamentarian 6
Minutes 6
Grievance Involving Board of Directors Members 7
Conflicts of Interest 7
ARTICLE VIII - OFFICERS: Powers and Duties 7
President 7
First Vice President of Appeals and Discipline 7
Secretary and Registrar 7
Treasurer 7
Past President 7
ARTICLE IX – DUTIES/CRITERIA OF LEAGUES 7
Item 9
3 | Page
These are the Bylaws of PROSPER YOUR(YOUTH) SPORTS COMMISSION (the “Commission”), duly adopted on
_____________, 2014, at an organizational meeting of the Board of Directors.
ARTICLE I - MISSION
The Prosper Youth Sports Commission (PYSC) is comprised of four board members, one delegate each from The Town of Prosper’s
recognized youth sports associations or organizations, one PISD At-Large member, and one town staff member. These volunteer
service organizations implement and manage youth athletic leagues, tournaments and programs for Prosper’s youth population. These
organizations are not managed by the Town of Prosper, however, a partnership between PYSC and The Town of Prosper has been
formed to provide and maintain practice and game fields for these organizations.
To provide congruency between all youth leagues and a quality experience to every league and participant.
To govern leagues and facility use to provide safe, equitable, and enjoyable sports opportunities for all participants.
To ensure member leagues are recreational first and teach the basic skills and fundamentals of sports, to play in a safe and nurturing
environment, where all children will have the opportunity to play, regardless of skill level.
To ensure that each child has a positive, rewarding experience while participating in youth sports, and that each child will learn the
importance of sportsmanship, teamwork, honor, and integrity.
ARTICLE II - OFFICES
The principal address of the Commission in the State of Texas shall be located in the Town of Prosper, County of Collin, Texas. The
Commission may have such other addresses, either within or without the State of Texas, as the Board of Directors may determine or as
the affairs of the Commission may require from time to time.
Registered Office and Agent Address
President, Prosper Youth Sports Commission
P.O. Box 99, Prosper, Texas 75078
ARTICLE III - MEMBERSHIP OF COMMISSION
The Commission shall be comprised of Member Associations (and its subsequent members) by application to and the approval of the
Board of Directors and who also shall adhere to the Constitution, Bylaws, and Rules and Regulations of the Commission. An
organization may become a member of the Commission upon submission to and approval by the Board of Directors.
The Prosper Youth Sports Commission (PYSC) is comprised of four board members, one delegate each from The Town of Prosper’s
recognized youth sports associations or organizations, one PISD At-Large member, and one town staff member. Subsequent members
may be added by application to and the approval of the Commission and who also shall adhere to the Constitution, Bylaws, and Rules
and Regulations of the Commission.
Any member of the Commission may be expelled and his or her membership canceled, forfeited or suspended unilaterally by the
Commission’s Board of Directors with a majority vote of the Commission for a violation of the Commission’s Constitution, Bylaws,
Rules and Regulations or for conduct prejudicial to the interests of the Commission and its Member Associations. Any member
expelled by the Commission may appeal the decision to the Town Council.
The Commission will honor all orders of suspension of players, coaches or referees issued by this Commission, any Member
Association or any Member’s governing body.
Each Member Association shall be responsible for submitting and keeping current their respective governing body’s members’ names
and contact information.
ARTICLE IV - GOVERNANCE OF COMMISSION
Governance of Commission
The Commission shall be governed by its members, which shall consist of the Board of Directors of the Commission, and the
recognized delegate from each registered Member Association in good standing, one PISD At-Large Member, and one town staff
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4 | Page
member. Each delegate Member shall be entitled to one vote, and no delegate Member shall be entitled to more than one vote. Only
the designated delegate(s) of Member Associations shall have the right to speak at any Commission meeting. Any member of the
Board of Directors or delegate may introduce anyone to speak provided he has the permission of the presiding officer at that meeting
of the Commission. If the league or association delegate cannot attend a Board meeting, his/her designee may attend, with written
permission from the Member Association.
Territory of the Commission
The territory under the jurisdiction of this Commission is defined as being that part of Texas which includes:
Town of Prosper
Prosper Independent School District
League Boundaries
A map reflecting the territory under the jurisdiction of the Commission shall be on file with Prosper Youth Sports Commission.
Jurisdiction
The Commission shall have jurisdiction over all Member Associations. Each Member Association shall adhere to these Bylaws and
shall be subject to the authority of the Commission. If the Commission is presented sufficient evidence that a Member Association is
not adhering to these Bylaws, the Commission may form an ad hoc Ethics Committee to investigate the allegations and recommend
appropriate action to the Commission. In the event of any dispute regarding the interpretation of these Bylaws, the Board of
DirectorsTown Council shall have final authority regarding such interpretation.
Fiscal Year
The fiscal year of the Commission shall be from July 1 to June 30.
Books and Records
Each Member Association shall keep correct and complete books and records of accounts and shall keep minutes of all meetings of
the Member Association. The books and records shall be kept by and in the possession of the Member Association and shall be made
readily available to the Commission upon request. Each Member Association or Organization must submit to tThe Commission may
request a copy of the 501(c)(3) tax exemption form on file with any Member Association annually and the Commission, at its expense,
may request an independent audit of any Member Association upon request of the PYSC Board or Town of Prosper.
Resignation
Any PYSC Board member may resign by giving written notice to the President. The resignation shall take effect at the time specified
therein, or immediately if no time is specified. Unless otherwise specified therein, the acceptance of such resignation shall not be
necessary to make it effective. If within sixty (60) days of a resignation a delegate has not been identified to replace the resigning
board Commission member, the Board Commission may vote to expel the Member Association from the Commission. The Board
Secretary shall be responsible for and give notice to all Member AssociationsComission members when a Board Commission member
has tendered his or her resignation. No more than 10 business days from the date of receipt of a resignation, the Board Secretary shall
notify Board Commission members of the resignation via e-mail.
Amendments to Bylaws
These Bylaws may be altered, amended or repealed, or new Bylaws may be adopted, at any meeting of the Commission by a two -
thirds (2/3) vote of the total present membership; provided, however, that all members shall be given ten (10) days written notice,
including a written copy of any proposed changes. Amendments to the Bylaws may be made from the floor at the Annual Meeting in
September without advance notice.
ARTICLE V - MEETINGS OF THE COMMISSION
Place of Meetings
All meetings of the Commission shall be held at such place as shall be designated by the President. All meetings of the Commission
will be open to the members unless otherwise planned or requested in writing. On a bi-annual basis, a meeting will be designated as
Open to the Public (in the months of May & October). Upon written request, a special meeting may be called to address specific
issues or needs.
Annual Meeting
An Annual Meeting of the Commission shall be held each year during September, on a day to be selected by the President, at which
the Commission shall elect officers in accordance with Article VIII hereof, and transact such other business as may properly be
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5 | Page
brought before the meeting. A quorum is not required for this meeting so long as notices of such meetings were properly given. The
order of business for such meeting shall be:
Roll Call and Vote Accreditation
Approval and Minutes of Last Meeting
Communications
Unfinished Business
Reports of Chairman of Standing Committees
Reports of Officers
New Business
Election of Officers
Adjournment
Special Meetings
Special meetings of the Commission for any purpose or purposes, unless otherwise proscribed by these Bylaws, may be called by the
President or by petition of the designated delegate of Member Associations in good standing. Business transacted at all special
meetings shall be confined to the purpose stated in the notice of the meeting. A quorum is not required for this meeting so long as
notice of such meetings was properly given.
PYSC Meetings
The meetings of PYSC shall be held on the first or second Monday of each month. A quorum of 50% of the Commission is required.
If the date or time of the meeting is changed, then notice must be given.
Once a quorum is established, all actions taking place at the meeting shall be recognized as binding, regardless of the number present
at the time of a vote, provided the meeting had not been previously legally adjourned. All members of the Commission may attend
this meeting.
Emergency Actions
Any three (3) BoardCommission members of the PYSC (which may include the President) may take emergency action on matters
demanding immediate attention when it is impractical or impossible to call a meeting and, may vote via an email vote. The secretary
of the Commission and shall report their actions to all PYSC members in writing within three (3) days of such meeting.
Notice of Meetings
Written or printed notice stating the place, day and hour, of a meeting, and the purpose or purposes for which the meeting was called,
shall be delivered not less than ten (10) nor more than fifty (50) days before the meetings, either personally or by email or mail, by or
at the direction of the President, to each delegate or Board Commission Member entitled to vote at the meeting unless otherwise
provided in these Bylaws. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed
to the delegate or Board Commission Member at the address as it appears on the records of the Commission, with postage thereon
prepaid.
Proxy
There shall be no vote by proxy for any meetings.
ARTICLE VI – NOTICE
Manner of Giving Notice
Whenever, under these Bylaws, notice is required to be given to any delegate or Board Commission Member of the Commission
PYSC and no provisions are made as to how such notice shall be given, it shall be construed to mean personal notice, and shall be
given in writing, by mail, postage paid, addressed to such delegate or Board Commission Member at the address appearing on the
records of the Commission. Any notice required or permitted to be given by mail shall be deemed given at the time when the same is
thus deposited in the United Sates mail as aforesaid.
Waiver of Notice
Whenever any notice is required to be given to any delegates or Board Commission Members of the Commission PYSC under these
Bylaws, a waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time stated in
such notice, shall be deemed equivalent to the giving of such notice. Attendance at a meeting shall constitute a waiver of notice of
such meeting, except where a person attends for the express purpose of objecting to the transaction of any business on the ground that
the meeting is not properly called or convened.
Item 9
6 | Page
ARTICLE VII - BOARD OF DIRECTORS
Board of Directors
The business and affairs of the Commission shall be managed by its Board of Directors, which shall consist of the Directors of this
Commission and the Member Association delegate, each of whom will be entitled to one vote (the Past President is not a voting
member). The Board of Directors and recognized delegate(s) shall transact all business of the Commission and shall have the power
to enforce the Laws of its respective divisions, and the Constitution, Bylaws, and Rules and Regulations of this Commission and
Member Associations.
Election of Board of Directors
The Directors, i.e., the members of the Board, are listed below and shall be elected for a term of two (2) years, and may succeed
themselves in office. To be eligible, the members of the Board of Directors must reside within the PYSC jurisdiction and/or they are
not bound by any other association or governing association, subject to board approval. Should any member of the Board of Directors
change residence outside said jurisdiction, the member shall be allowed to serve until the end of the term of such position.
Any Director who desires to seek election to another office must first resign the office he/she is holding, prior to the election.
Elections shall be held at the Annual Meeting with one-half of the Board of Directors being elected each year in the following manner:
To qualify for the positions of President and/or Vice-President, a candidate must have previously served at least one (1) year as a
PYSC Board member or two (2) years as a delegate within the previous three (3) years of the date of the PYSC Annual Meeting; or a
candidate must be appointed by a majority of the Board. In the instance that a qualified Board member is not available, a candidate
must be approved by a majority vote of the Board.
President (Elected even years)
Vice President (Elected odd years)
Treasurer (Elected even years)
Secretary (Elected odd years)
Delegates of Member Associations (Appointed annually by each association)
One PISD At-Large Member (Appointed annually from supporting organizations)
One Town At-Large Member (Appointed annually from supporting organizations)
Immediate Past-President (ex officio member) (Not elected-former President - non voting member)
All officers not otherwise appointed shall be elected by the Board Commission Members.
Removal
Any member of the Board of Directors shall be required to resign following vote of no confidence in his ability to remain in office.
Twenty percent (20%) of delegates or votingCommission members of the Board of Directors may petition for such a vote. The
petition must be submitted in writing to the Board of Directors which, in turn, will review the petition within fifteen (15) days of
receipt of such petition. The vote of no confidence must be passed by a two-thirds (2/3) majority of all the Board of
DirectorsCommission Members. If a Director receives a vote of no confidence, he is automatically removed from the Board. His/her
office shall then be filled by an appointment approved by the majority of the Board Commission Members until the next Annual
Meeting.
Attendance at Meetings
A Director Commission Member not attending two three (32) consecutive scheduled meetings, including regular meetings, of this
Commission or Executive Committee meetings will have his/her office declared vacant unless such absences are excused by the Board
of Directors. A vote of no confidence by the Board of DirectorsCommission Members shall be taken upon the first board PYSC
meeting following the third Fourth consecutive absence. Should the vote of no confidence be approved, his/her office shall then be
filled by an appointment approved by the two -thirds (2/3) of the Board Commission Members until the next Annual Meeting.
Member Association delegates shall count as in attendance on behalf of their Association when appointed representatives are not
present at PYSC meetings.
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7 | Page
Vacancies
In the event of a vacancy, the Commission shall find a replacement candidate and present this person to the Board of Directors. A
two -thirds (2/3) vote of the Board Commission Members is required for approval of the replacement candidate.
Compensation
Any Commission Members of the Board of DirectorsPYSC shall serve without compensation for their services. Any Commission
Membermember of the Board of Directors may be reimbursed for expenses approved by the Board of Directors.
Minutes
The Board of Directors shall keep regular minutes of its proceedings. The minutes shall be placed in the minute book of the
Commission. Minutes shall be approved at the next Board Meeting.
Grievance Involving Board of Directors Members
In the event of any grievance involving such Member Association, that Member Association’s delegate may discuss the issue
surrounding the circumstances, but not be entitled to vote on the resolution of the grievance.
Conflicts of Interest
A member of the Board of Directors can be a member or official of a Member Association. It is the policy of the Commission that no
member of the Board, a Standing Committee, or any other committee or any officer or any employee of the Commission shall have
any association with or interest in any business enterprise which would conflict with the proper performance of his duties or
responsibilities as such or which might tend to affect his independence or judgment with respect to transactions between the
Commission and any such business enterprise.
It is also the policy of the Commission that no member of the Board, Member Association Delegate or any committee or any officer or
employee of the Commission shall have, directly or indirectly, any material personal business or financial interest with, or in any
business enterprise with which, the Commission does business, including, without limitation, the member, or any person in the
immediate family of the member, holding a position with a supplier of goods and/or services to the Commission and/or Member
Association, unless the material facts of the relationship or the interest in the business are disclosed to the Board Commission
Members and the Board Commission Members authorizes the contract.
ARTICLE VIII – OFFICERS: Powers and Duties
President
The President of the Commission shall preside at all Commission meetings. He/she shall appoint any other Committees as deemed
necessary by the Board. He/she is an ex-officio voting member of all Committees. He/she shall not vote, but may cast the deciding
vote in the event of a tie, or he/she may waive the right to do so. He/she shall submit an annual report in writing at the Annual
Meeting and said report shall become part of the minutes of such meeting. He/she is empowered to take prudent and reasonable action
in cases not covered in these Bylaws, and such authority is implicit in the office.
Vice President
The Vice President will fulfill the role of President in the event that office becomes vacant, until a new President is selected by PYSC.
Secretary
He/she shall keep minutes of all Board of DirectorsPYSC meetings. The Board of DirectorsCommission Members shall approve the
minutes. The Secretary shall keep all approved minutes in a book and have this book available for review by all Board of Directors
and Commission members. He/she shall act as the Public Relations Director for the Commission as may be required.
Treasurer
The Treasurer shall be the primary point of contact and serve as Commission auditor for Member Associations.
Immediate Past President
He/she shall assist the President. The Immediate Past President will be a non-voting Board member.
ARTICLE IX – DUTIES/CRITERIA OF LEAGUES
Non-Profit / League Transparency Status
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8 | Page
Member Associations/Organizations shall provide access to the most current tax filings, articles of incorporation and annual financials
and demographics/residency at any time upon request from the Board, Town, or PISDCommission. Any and all Member
Associations/Organizations participant’s personal information including but not limited to street address, email address and/or phone
number(s) shall remain the possession of each Association/Organization submitting such information. The information provided may
not be used by any other Member Association, municipality or outside agency for purposes of advertisements, political gain, or any
other information which does not pertain to the Association/organization providing such information.
Composition
Member Associations shall ensure eighty percent (80%) or more of current participants per league are Town r esidents, or PISD
students or fall within each Member Associations league boundaries. League or teams participating in Club or Select leagues will also
be required to ensure that eighty percent (80%) of participants are Town residents, or PISD students or fall wihin each Member
Associations league boundaries. Facility use and fees will apply to those PYSC endorsed leagues first, and secondarily to Club/ and
Select teams or those teams choosing not to participate in Member Associations at Town or PISD usage fee rates and availability.
Administrative Functions
Member Associations shall have the following responsibilities:
a. Maintain 501 (c) (3) statuses
b. Follow all league governing bodies’ bylaws
ca. Organizational meetings;
db. League registrations;
ec. Collecting and maintaining funds derived from registration fees or fundraising projects;
df. Drafting and communicating League schedules;
ge. Contacting and scheduling officials for all League games.
Member Associations shall:
a. Assure that all participants and officials conduct themselves in accordance with all Prosper ISD and Town policies, facility use
agreements, Town ordinances, and state laws;
b. Maintain communications with the Board Commission pertaining to facility needs;
c. Schedule and use facilities according to applicable Town and PISD policies.
Coach Certifications
Member Associations shall ensure that all head coaches are certified for coaching per each association governing bodies and shall
maintain up-to-date background checks of all coaches.
Code of Conduct
Member Associations shall develop and submit a League Code of Conduct, which shall include an enforcement plan; communicate
the League Code of Conduct to coaches, parents, participants, and spectators; and adopt and implement a grievance system whereby
complaints and concerns will be heard and addressed by the Member Association.
Non-Discrimination Policy
Member Associations shall adopt a non-discrimination policy that ensures participation for all youth regardless of race, creed, sex,
economic status, other legally protected status or athletic ability.
Team Balance
Member Associations shall develop recreational Leagues as per each league governing bodies encouraging team balance and equal
playing time for participants in all recreational sports.
Facility Use
PYSC and Parks and Recreation staff will oversee and designate all Town and PISD facilities and fields to each sport as deemed on a
fair usage basis at least sixty (60) days before the commencement of each season. Member Associations shall submit requests for
facilities and fields to PYSC, and PYSC shall endeavor that facilities and fields be assigned based on consultation and
receommendations from Parks and recreation staff an equitable need and priority basis.
How do new leagues become members of PYSC?
Any youth sports league seeking to become a member to PYSC must present to PYSC:
• Charter or affiliation documentation from that leagues governing body
• 501 (c) (3) statuses
• League bylaws and rules
• Documentation to ensure league is recreational first
• League Board of Directors
• League boundaries
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9 | Page
• Practice and game field dimensions
• Anticipated field needs and seasonal timelines
• Anticipated number of registrations and growth for the next 3 years
• Agree to adhere to the Constitution, Bylaws, and Rules and Regulations of the Commission.
A two -thirds (2/3) vote of the Commission Members is required for approval of Membership to PYSC
Upon approval, PYSC will make a recommendation to The Town of Prosper Parks and Recreation Board.
If approved by The Town of Prosper Parks and Recreation Board, they will make a recommendation to Prosper’s Town Council
Town Council will vote to recognize the league.
Item 9
BYLAWS OF THE
PROSPER YOUTH SPORTS COMMISSION
(PYSC)
Item 9
2 | Page
TABLE OF CONTENTS
Friday, November 07, 2014Thursday, October 30, 2014
ARTICLE I - MISSION 3
ARTICLE II - OFFICES 3
Registered Office and Agent Address 3
ARTICLE III - MEMBERSHIP IN COMMISSION 3
ARTICLE IV - GOVERNMENT OF COMMISSION 3
Government of Commission 3
Territory of the Commission 3
Jurisdiction 4
Fiscal Year 4
Books and Records 4
Resignation 4
Amendments to Bylaws 4
ARTICLE V - MEETINGS OF COMMISSION 4
Place of Meetings 4
Annual Meeting 4
Special Meetings 5
Board of Directors Meetings 5
Emergency Actions 5
Notice of Meetings 5
Proxy 5
ARTICLE VI – NOTICE 5
Manner of Giving Notice 5
Waiver of Notice 5
ARTICLE VII - BOARD OF DIRECTORS 5
Board of Directors 5
Election of Board of Directors 6
Removal 6
Attendance at Meetings 6
Vacancies 6
Compensation 6
Parliamentarian 6
Minutes 6
Grievance Involving Board of Directors Members 7
Conflicts of Interest 7
ARTICLE VIII - OFFICERS: Powers and Duties 7
President 7
First Vice President of Appeals and Discipline 7
Secretary and Registrar 7
Treasurer 7
Past President 7
ARTICLE IX – DUTIES/CRITERIA OF LEAGUES 7
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These are the Bylaws of PROSPER YOUR(YOUTH) SPORTS COMMISSION (the “Commission”), duly adopted on
_____________, 2014, at an organizational meeting of the Board of Directors.
ARTICLE I - MISSION
The Prosper Youth Sports Commission (PYSC) is comprised of four board members, one delegate each from The Town of Prosper’s
recognized youth sports associations or organizations, one PISD At-Large member, and one town staff member. These volunteer
service organizations implement and manage youth athletic leagues, tournaments and programs for Prosper’s youth population. These
organizations are not managed by the Town of Prosper, however, a partnership between PYSC and The Town of Prosper has been
formed to provide and maintain practice and game fields for these organizations.
To provide congruency between all youth leagues and a quality experience to every league and participant.
To govern leagues and facility use to provide safe, equitable, and enjoyable sports opportunities for all participants.
To ensure member leagues are recreational first and teach the basic skills and fundamentals of sports, to play in a safe and nurturing
environment, where all children will have the opportunity to play, regardless of skill level.
To ensure that each child has a positive, rewarding experience while participating in youth sports, and that each child will learn the
importance of sportsmanship, teamwork, honor, and integrity.
ARTICLE II - OFFICES
The principal address of the Commission in the State of Texas shall be located in the Town of Prosper, County of Collin, Texas. The
Commission may have such other addresses, either within or without the State of Texas, as the Board of Directors may determine or as
the affairs of the Commission may require from time to time.
Registered Office and Agent Address
President, Prosper Youth Sports Commission
P.O. Box 99, Prosper, Texas 75078
ARTICLE III - MEMBERSHIP OF COMMISSION
The Commission shall be comprised of Member Associations (and its subsequent members) by application to and the approval of the
Board of Directors and who also shall adhere to the Constitution, Bylaws, and Rules and Regulations of the Commission. An
organization may become a member of the Commission upon submission to and approval by the Board of Directors.
The Prosper Youth Sports Commission (PYSC) is comprised of four board members, one delegate each from The Town of Prosper’s
recognized youth sports associations or organizations, one PISD At-Large member, and one town staff member. Subsequent members
may be added by application to and the approval of the Commission and who also shall adhere to the Constitution, Bylaws, and Rules
and Regulations of the Commission.
Any member of the Commission may be expelled and his or her membership canceled, forfeited or suspended unilaterally by the
Commission’s Board of Directors with a majority vote of the Commission for a violation of the Commission’s Constitution, Bylaws,
Rules and Regulations or for conduct prejudicial to the interests of the Commission and its Member Associations. Any member
expelled by the Commission may appeal the decision to the Parks and Recreation BoardTown Council.
The Commission will honor all orders of suspension of players, coaches or referees issued by this Commission, any Member
Association or any Member’s governing body.
Each Member Association shall be responsible for submitting and keeping current their respective governing body’s members’ names
and contact information.
ARTICLE IV - GOVERNANCE OF COMMISSION
Governance of Commission
The Commission shall be governed by its members, which shall consist of the Board of Directors of the Commission, and the
recognized delegate from each registered Member Association in good standing, one PISD At-Large Member, and one town staff
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member. Each delegate Member shall be entitled to one vote, and no delegate Member shall be entitled to more than one vote. Only
the designated delegate(s) of Member Associations shall have the right to speak at any Commission meeting. Any member of the
Board of Directors or delegate may introduce anyone to speak provided he has the permission of the presiding officer at that meeting
of the Commission. If the league or association delegate cannot attend a Board meeting, his/her designee may attend, with written
permission from the Member Association.
Territory of the Commission
The territory under the jurisdiction of this Commission is defined as being that part of Texas which includes:
Town of Prosper
Prosper Independent School District
League Boundaries
A map reflecting the territory under the jurisdiction of the Commission shall be on file with Prosper Youth Sports Commission.
Jurisdiction
The Commission shall have jurisdiction over all Member Associations. Each Member Association shall adhere to these Bylaws and
shall be subject to the authority of the Commission. If the Commission is presented sufficient evidence that a Member Association is
not adhering to these Bylaws, the Commission may form an ad hoc Ethics Committee to investigate the allegations and recommend
appropriate action to the Commission. In the event of any dispute regarding the interpretation of these Bylaws, the Board of
DirectorsTown CouncilParks and Recreation Board shall have final authority regarding such interpretation.
Fiscal Year
The fiscal year of the Commission shall be from July 1 to June 30.
Books and Records
Each Member Association shall keep correct and complete books and records of accounts and shall keep minutes of all meetings of
the Member Association. The books and records shall be kept by and in the possession of the Member Association and shall be made
readily available to the Commission upon request. Each Member Association or Organization must submit to tThe Commission may
request a copy of their 501(c)(3) tax exemption form and IRS tax return annually. on file annually and the Commission, at its expense,
may request an independent audit of any Member Association upon request of the PYSC Board or Town of Prosper.
Resignation
Any PYSC Board member may resign by giving written notice to the President. The resignation shall take effect at the time specified
therein, or immediately if no time is specified. Unless otherwise specified therein, the acceptance of such resignation shall not be
necessary to make it effective. If within sixty (60) days of a resignation a delegate has not been identified to replace the resigning
board Commission member, the Board Commission may vote to expel the Member Association from the Commission. The Board
Secretary shall be responsible for and give notice to all Member AssociationsComission members when a Board Commission member
has tendered his or her resignation. No more than 10 business days from the date of receipt of a resignation, the Board Secretary shall
notify Board Commission members of the resignation via e-mail.
Amendments to Bylaws
These Bylaws may be altered, amended or repealed, or new Bylaws may be adopted, at any meeting of the Commission by a two -
thirds (2/3) vote of the total present membership; provided, however, that all members shall be given ten (10) days written notice,
including a written copy of any proposed changes. Amendments to the Bylaws may be made from the floor at the Annual Meeting in
September without advance notice.
ARTICLE V - MEETINGS OF THE COMMISSION
Place of Meetings
All meetings of the Commission shall be held at such place as shall be designated by the President. All meetings of the Commission
will be open to the members unless otherwise planned or requested in writing. On a bi-annual basis, a meeting will be designated as
Open to the Public (in the months of May & October). Upon written request, a special meeting may be called to address specific
issues or needs.
Annual Meeting
An Annual Meeting of the Commission shall be held each year during September, on a day to be selected by the President, at which
the Commission shall elect officers in accordance with Article VIII hereof, and transact such other business as may properly be
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brought before the meeting. A quorum is not required for this meeting so long as notices of such meetings were properly given. The
order of business for such meeting shall be:
Roll Call and Vote Accreditation
Approval and Minutes of Last Meeting
Communications
Unfinished Business
Reports of Chairman of Standing Committees
Reports of Officers
New Business
Election of Officers
Adjournment
Special Meetings
Special meetings of the Commission for any purpose or purposes, unless otherwise proscribed by these Bylaws, may be called by the
President or by petition of the designated delegate of Member Associations in good standing. Business transacted at all special
meetings shall be confined to the purpose stated in the notice of the meeting. A quorum is not required for this meeting so long as
notice of such meetings was properly given.
PYSC Meetings
The meetings of PYSC shall be held on the first or second Monday of each month. A quorum of 50% of the Commission is required.
If the date or time of the meeting is changed, then notice must be given.
Once a quorum is established, all actions taking place at the meeting shall be recognized as binding, regardless of the number present
at the time of a vote, provided the meeting had not been previously legally adjourned. All members of the Commission may attend
this meeting.
Emergency Actions
Any three (3) BoardAny four (4) Commission members (quorum) of the PYSC (which may include the President) may take
emergency action on matters demanding immediate attention when it is impractical or impossible to call a meeting and, may vote via
an email vote. The secretary of the Commission and shall report their actions to all PYSC members in writing within three (3) days of
such meeting.
Notice of Meetings
Written or printed notice stating the place, day and hour, of a meeting, and the purpose or purposes for which the meeting was called,
shall be delivered not less than ten (10) nor more than fifty (50) days before the meetings, either personally or by email or mail, by or
at the direction of the President, to each delegate or Board Commission Member entitled to vote at the meeting unless otherwise
provided in these Bylaws. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed
to the delegate or Board Commission Member at the address as it appears on the records of the Commission, with postage thereon
prepaid.
Proxy
There shall be no vote by proxy for any meetings.
ARTICLE VI – NOTICE
Manner of Giving Notice
Whenever, under these Bylaws, notice is required to be given to any delegate or Board Commission Member of the Commission
PYSC and no provisions are made as to how such notice shall be given, it shall be construed to mean personal notice, and shall be
given in writing, by mail, postage paid, addressed to such delegate or Board Commission Member at the address appearing on the
records of the Commission. Any notice required or permitted to be given by mail shall be deemed given at the time when the same is
thus deposited in the United Sates mail as aforesaid.
Waiver of Notice
Whenever any notice is required to be given to any delegates or Board Commission Members of the Commission PYSC under these
Bylaws, a waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time stated in
such notice, shall be deemed equivalent to the giving of such notice. Attendance at a meeting shall constitute a waiver of notice of
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such meeting, except where a person attends for the express purpose of objecting to the transaction of any business on the ground that
the meeting is not properly called or convened.
ARTICLE VII - BOARD OF DIRECTORS
Board of Directors
The business and affairs of the Commission shall be managed by its Board of Directors, which shall consist of the Directors of this
Commission and the Member Association delegate, each of whom will be entitled to one vote (the Past President is not a voting
member). The Board of Directors and recognized delegate(s) shall transact all business of the Commission and shall have the power
to enforce the Laws of its respective divisions, and the Constitution, Bylaws, and Rules and Regulations of this Commission and
Member Associations.
Election of Board of Directors
The Directors, i.e., the members of the Board, are listed below and shall be elected for a term of two (2) years, and may succeed
themselves in office. To be eligible, the members of the Board of Directors must reside within the PYSC jurisdiction and/or they are
not bound by any other association or governing association, subject to board approval. Should any member of the Board of Directors
change residence outside said jurisdiction, the member shall be allowed to serve until the end of the term of such position.
Any Director who desires to seek election to another office must first resign the office he/she is holding, prior to the election.
Elections shall be held at the Annual Meeting with one-half of the Board of Directors being elected each year in the following manner:
To qualify for the positions of President and/or Vice-President, a candidate must have previously served at least one (1) year as a
PYSC Board member or two (2) years as a delegate within the previous three (3) years of the date of the PYSC Annual Meeting; or a
candidate must be appointed by a majority of the Board. In the instance that a qualified Board member is not available, a candidate
must be approved by a majority vote of the Board.
President (Elected even years)
Vice President (Elected odd years)
Treasurer (Elected even years)
Secretary (Elected odd years)
Delegates of Member Associations (Appointed annually by each association)
One PISD At-Large Member (Appointed annually from supporting organizations)
One Town At-Large Member (Appointed annually from supporting organizations)
Immediate Past-President (ex officio member) (Not elected-former President - non voting member)
All officers not otherwise appointed shall be elected by the Board Commission Members.
Removal
Any member of the Board of Directors shall be required to resign following vote of no confidence in his ability to remain in office.
Twenty percent (20%) of delegates or votingCommission members of the Board of Directors may petition for such a vote. The
petition must be submitted in writing to the Board of Directors which, in turn, will review the petition within fifteen (15) days of
receipt of such petition. The vote of no confidence must be passed by a two-thirds (2/3) majority of all the Board of
DirectorsCommission Members. If a Director receives a vote of no confidence, he is automatically removed from the Board. His/her
office shall then be filled by an appointment approved by the majority of the Board Commission Members until the next Annual
Meeting.
Attendance at Meetings
A Director Commission Member not attending two three (32) consecutive scheduled meetings, including regular meetings, of this
Commission or Executive Committee meetings will have his/her office declared vacant unless such absences are excused by the Board
of Directors. A vote of no confidence by the Board of DirectorsCommission Members shall be taken upon the first board PYSC
meeting following the third Fourth consecutive absence. Should the vote of no confidence be approved, his/her office shall then be
filled by an appointment approved by the two -thirds (2/3) of the Board Commission Members until the next Annual Meeting.
Member Association delegates shall count as in attendance on behalf of their Association when appointed representatives are not
present at PYSC meetings.
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Vacancies
In the event of a vacancy, the Commission shall find a replacement candidate and present this person to the Board of Directors. A
two -thirds (2/3) vote of the Board Commission Members is required for approval of the replacement candidate.
Compensation
Any Commission Members of the Board of DirectorsPYSC shall serve without compensation for their services. Any Commission
Membermember of the Board of Directors may be reimbursed for expenses approved by the Board of Directors.
Minutes
The Board of Directors shall keep regular minutes of its proceedings. The minutes shall be placed in the minute book of the
Commission. Minutes shall be approved at the next Board Meeting.
Grievance Involving Board of Directors Members
In the event of any grievance involving such Member Association, that Member Association’s delegate may discuss the issue
surrounding the circumstances, but not be entitled to vote on the resolution of the grievance.
Conflicts of Interest
A member of the Board of Directors can be a member or official of a Member Association. It is the policy of the Commission that no
member of the Board, a Standing Committee, or any other committee or any officer or any employee of the Commission shall have
any association with or interest in any business enterprise which would conflict with the proper performance of his duties or
responsibilities as such or which might tend to affect his independence or judgment with respect to transactions between the
Commission and any such business enterprise.
It is also the policy of the Commission that no member of the Board, Member Association Delegate or any committee or any officer or
employee of the Commission shall have, directly or indirectly, any material personal business or financial interest with, or in any
business enterprise with which, the Commission does business, including, without limitation, the member, or any person in the
immediate family of the member, holding a position with a supplier of goods and/or services to the Commission and/or Member
Association, unless the material facts of the relationship or the interest in the business are disclosed to the Board Commission
Members and the Board Commission Members authorizes the contract.
ARTICLE VIII – OFFICERS: Powers and Duties
President
The President of the Commission shall preside at all Commission meetings. He/she shall appoint any other Committees as deemed
necessary by the Board. He/she is an ex-officio voting member of all Committees. He/she shall not vote, but may cast the deciding
vote in the event of a tie, or he/she may waive the right to do so. He/she shall submit an annual report in writing at the Annual
Meeting and said report shall become part of the minutes of such meeting. He/she is empowered to take prudent and reasonable action
in cases not covered in these Bylaws, and such authority is implicit in the office.
Vice President
The Vice President will fulfill the role of President in the event that office becomes vacant, until a new President is selected by PYSC.
Secretary
He/she shall keep minutes of all Board of DirectorsPYSC meetings. The Board of DirectorsCommission Members shall approve the
minutes. The Secretary shall keep all approved minutes in a book and have this book available for review by all Board of Directors
and Commission members. He/she shall act as the Public Relations Director for the Commission as may be required.
Treasurer
The Treasurer shall be the primary point of contact and serve as Commission auditor for Member Associations.
Immediate Past President
He/she shall assist the President. The Immediate Past President will be a non-voting Board member.
ARTICLE IX – DUTIES/CRITERIA OF LEAGUES
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Non-Profit / League Transparency Status
Member Associations/Organizations shall provide access to the most current tax filings, articles of incorporation and annual financials
and demographics/residency at any time upon request from the Board, Town, or PISDCommission. Any and all Member
Associations/Organizations participant’s personal information including but not limited to street address, email address and/or phone
number(s) shall remain the possession of each Association/Organization submitting such information. The information provided may
not be used by any other Member Association, municipality or outside agency for purposes of advertisements, political gain, or any
other information which does not pertain to the Association/organization providing such information.
Composition
Member Associations shall ensure eighty percent (80%) or more of current participants per league are Town residents, or or PISD
students or fall within each Member Associations league boundaries. League or teams participating in Club or Select leagues will also
be required to ensure that eighty percent (80%) of participants are Town residents, or or PISD students or fall wihin each Member
Associations league boundaries. Facility use and fees will apply to those PYSC endorsed leagues first, and secondarily to Club/ and
Select teams or those teams choosing not to participate in Member Associations at Town or PISD usage fee rates and availability.
Administrative Functions
Member Associations shall have the following responsibilities:
a. Maintain adherence to PYSC bylaws
ba. Maintain 501 (c) (3) statuses
cb. Follow all league governing bodies’ bylaws
dca. Organizational meetings;
edb. League registrations;
fec. Collecting and maintaining funds derived from registration fees or fundraising projects;
gdf. Drafting and communicating League schedules;
hge. Contacting and scheduling officials for all League games.
Member Associations shall:
a. Assure that all participants and officials conduct themselves in accordance with all Prosper ISD and Town policies, facility use
agreements, Town ordinances, and state laws;
b. Maintain communications with the Board Commission pertaining to facility needs;
c. Schedule and use facilities according to applicable Town and PISD policies.
Coach Certifications
Member Associations shall ensure that all head coaches are certified for coaching per each association governing bodies and shall
maintain up-to-date background checks of all coaches.
Code of Conduct
Member Associations shall develop and submit a League Code of Conduct, which shall include an enforcement plan; communicate
the League Code of Conduct to coaches, parents, participants, and spectators; and adopt and implement a grievance system whereby
complaints and concerns will be heard and addressed by the Member Association.
Non-Discrimination Policy
Member Associations shall adopt a non-discrimination policy that ensures participation for all youth regardless of race, creed, sex,
economic status, other legally protected status or athletic ability.
Team Balance
Member Associations shall develop recreational Leagues as per each league governing bodies encouraging team balance and equal
playing time for participants in all recreational sports.
Facility Use
PYSC and Parks and Recreation staff will oversee and designate all Town and PISD facilities and fields to each sport as deemed on a
fair usage basis at least sixty (60) days before the commencement of each season. Member Associations shall submit requests for
facilities and fields to PYSC, and PYSC shall endeavor that facilities and fields be assigned based on consultation and
receommendations from Parks and recreation staff an equitable need and priority basis.
*Note: New league application and membership will be addressed and defined in an Addendum to these bylaws for future
publication as a normal course of PYSC business.
How do new leagues become members of PYSC?
Any youth sports league seeking to become a member to PYSC must present to PYSC:
• Charter or affiliation documentation from that leagues governing body
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• 501 (c) (3) statuses
• League bylaws and rules
• Documentation to ensure league is recreational first
• League Board of Directors
• League boundaries
• Practice and game field dimensions
• Anticipated field needs and seasonal timelines
• Anticipated number of registrations and growth for the next 3 years
• Agree to adhere to the Constitution, Bylaws, and Rules and Regulations of the Commission.
A two-thirds (2/3) vote of the Commission Members is required for approval of Membership to PYSC
Upon approval, PYSC will make a recommendation to The Town of Prosper Parks and Recreation Board.
If approved by The Town of Prosper Parks and Recreation Board, they will make a recommendation to Prosper’s Town Council
Town Council will vote to recognize the league.
Item 9
BYLAWS OF THE
PROSPER YOUTH SPORTS COMMISSION
(PYSC)
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TABLE OF CONTENTS
ARTICLE I - MISSION 3
ARTICLE II - OFFICES 3
Registered Office and Agent Address 3
ARTICLE III - MEMBERSHIP OF COMMISSION 3
ARTICLE IV - GOVERNMENT OF COMMISSION 3
Government of Commission 3
Territory of the Commission 4
Jurisdiction 4
Fiscal Year 4
Books and Records 4
Resignation 4
Amendments to Bylaws 4
ARTICLE V - MEETINGS OF COMMISSION 4
Place of Meetings 4
Annual Meeting 4
Special Meetings 5
PYSC Meetings 5
Emergency Actions 5
Notice of Meetings 5
Proxy 5
ARTICLE VI – NOTICE 5
Manner of Giving Notice 5
Waiver of Notice 5
ARTICLE VII - BOARD OF DIRECTORS 6
Board of Directors 6
Election of Board of Directors 6
Removal 6
Attendance at Meetings 6
Vacancies 6
Compensation 7
Minutes 7
Grievance Involving Board of Directors Members 7
Conflicts of Interest 7
ARTICLE VIII - OFFICERS: Powers and Duties 7
President 7
Vice President 7
Secretary 7
Treasurer 7
Immediate Past President 7
ARTICLE IX – DUTIES/CRITERIA OF LEAGUES 7
Non-Profit / League Transparency Status 7
Composition 8
Administrative Functions 8
Coach Certifications 8
Code of Conduct 8
Non-Discrimination Policy 8
Team Balance 8
Facility Use 8
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These are the Bylaws of PROSPER YOUTH SPORTS COMMISSION (the “Commission”), duly adopted on _____________, 2014,
at an organizational meeting of the Board of Directors.
ARTICLE I - MISSION
To provide congruency between all youth leagues and a quality experience to every league and participant. To govern facility use to
provide safe, equitable, and enjoyable sports opportunities for all participants.
To ensure member leagues are recreational first and teach the basic skills and fundamentals of sports, to play in a safe and nurturing
environment, where all children will have the opportunity to play, regardless of skill level.
To ensure that each child has a positive, rewarding experience while participating in youth sports, and that each child will learn the
importance of sportsmanship, teamwork, honor, and integrity.
ARTICLE II - OFFICES
The principal address of the Commission in the State of Texas shall be located in the Town of Prosper, County of Collin, Texas. The
Commission may have such other addresses, either within or without the State of Texas, as the Board of Directors may determine or as
the affairs of the Commission may require from time to time.
Registered Office and Agent Address
President, Prosper Youth Sports Commission
P.O. Box 99, Prosper, Texas 75078
ARTICLE III - MEMBERSHIP OF COMMISSION
The Prosper Youth Sports Commission (PYSC) is comprised of four board members, one delegate each from The Town of Prosper’s
recognized youth sports associations or organizations, one PISD At-Large member, and one town staff member. Subsequent members
may be added by application to and the approval of the Commission and who also shall adhere to the Constitution, Bylaws, and Rules
and Regulations of the Commission.
Any member of the Commission may be expelled and his or her membership canceled, forfeited or suspended unilaterally by the
Commission with a majority vote of the Commission for a violation of the Commission’s Constitution, Bylaws, Rules and Regulations
or for conduct prejudicial to the interests of the Commission and its Member Associations. Any member expelled by the Commission
may appeal the decision to the Parks and Recreation Board.
The Commission will honor all orders of suspension of players, coaches or referees issued by this Commission, any Member
Association or any Member’s governing body.
Each Member Association shall be responsible for submitting and keeping current their respective governing body’s members’ names
and contact information.
ARTICLE IV - GOVERNANCE OF COMMISSION
Governance of Commission
The Commission shall be governed by its members, which shall consist of the Board of Directors of the Commission, the recognized
delegate from each registered Member Association in good standing. Each Member shall be entitled to one vote, and no Member shall
be entitled to more than one vote. Only the designated delegate(s) of Member Associations shall have the right to speak at any
Commission meeting. Any member of the Board of Directors or delegate may introduce anyone to speak provided he has the
permission of the presiding officer at that meeting of the Commission. If the league or association delegate cannot attend a Board
meeting, his/her designee may attend, with written permission from the Member Association.
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Territory of the Commission
The territory under the jurisdiction of this Commission is defined as being that part of Texas which includes:
Town of Prosper
Prosper Independent School District
League Boundaries
A map reflecting the territory under the jurisdiction of the Commission shall be on file with Prosper Youth Sports Commission.
Jurisdiction
Each Member Association shall adhere to these Bylaws and shall be subject to the authority of the Commission. If the Commission is
presented sufficient evidence that a Member Association is not adhering to these Bylaws, the Commission may form an ad hoc Ethics
Committee to investigate the allegations and recommend appropriate action to the Commission. In the event of any dispute regarding
the interpretation of these Bylaws, the Parks and Recreation Board shall have final authority regarding such interpretation.
Fiscal Year
The fiscal year of the Commission shall be from July 1 to June 30.
Books and Records
Each Member Association shall keep correct and complete books and records of accounts and shall keep minutes of all meetings of
the Member Association. The books and records shall be kept by and in the possession of the Member Association and shall be made
readily available to the Commission upon request. Each Member Association or Organization must submit to the Commission a copy
of their 501(c)(3) tax exemption form and IRS tax return annually.
Resignation
Any PYSC member may resign by giving written notice to the President. The resignation shall take effect at the time specified
therein, or immediately if no time is specified. Unless otherwise specified therein, the acceptance of such resignation shall not be
necessary to make it effective. If within sixty (60) days of a resignation a delegate has not been identified to replace the resigning
Commission member, the Commission may vote to expel the Member Association from the Commission. The Board Secretary shall
be responsible for and give notice to all Comission members when a Commission member has tendered his or her resignation. No
more than 10 business days from the date of receipt of a resignation, the Board Secretary shall notify Commission members of the
resignation via e-mail.
Amendments to Bylaws
These Bylaws may be altered, amended or repealed, or new Bylaws may be adopted, at any meeting of the Commission by a two -
thirds (2/3) vote of the total present membership; provided, however, that all members shall be given ten (10) days written notice,
including a written copy of any proposed changes. Amendments to the Bylaws may be made from the floor at the Annual Meeting in
September without advance notice.
ARTICLE V - MEETINGS OF THE COMMISSION
Place of Meetings
All meetings of the Commission shall be held at such place as shall be designated by the President. All meetings of the Commission
will be open to the members unless otherwise planned or requested in writing. On a bi-annual basis, a meeting will be designated as
Open to the Public (in the months of May & October). Upon written request, a special meeting may be called to address specific
issues or needs.
Annual Meeting
An Annual Meeting of the Commission shall be held each year during September, on a day to be selected by the President, at which
the Commission shall elect officers in accordance with Article VIII hereof, and transact such other business as may properly be
brought before the meeting. A quorum is not required for this meeting so long as notices of such meetings were properly given. The
order of business for such meeting shall be:
Roll Call and Vote Accreditation
Approval and Minutes of Last Meeting
Communications
Unfinished Business
Reports of Chairman of Standing Committees
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Reports of Officers
New Business
Election of Officers
Adjournment
Special Meetings
Special meetings of the Commission for any purpose or purposes, unless otherwise proscribed by these Bylaws, may be called by the
President or by petition of the designated delegate of Member Associations in good standing. Business transacted at all special
meetings shall be confined to the purpose stated in the notice of the meeting. A quorum is not required for this meeting so long as
notice of such meetings was properly given.
PYSC Meetings
The meetings of PYSC shall be held on the first or second Monday of each month. A quorum of 50% of the Commission is required.
If the date or time of the meeting is changed, then notice must be given.
Once a quorum is established, all actions taking place at the meeting shall be recognized as binding, regardless of the number present
at the time of a vote, provided the meeting had not been previously legally adjourned. All members of the Commission may attend
this meeting.
Emergency Actions
Any four (4) Commission members (quorum) of the PYSC may take emergency action on matters demanding immediate attention
when it is impractical or impossible to call a meeting and may vote via an email vote. The secretary of the Commission shall report
their actions to all PYSC members in writing within three (3) days of such meeting.
Notice of Meetings
Written or printed notice stating the place, day and hour, of a meeting, and the purpose or purposes for which the meeting was called,
shall be delivered not less than ten (10) nor more than fifty (50) days before the meetings, either personally or by email or mail, by or
at the direction of the President, to each Commission Member entitled to vote at the meeting unless otherwise provided in these
Bylaws. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to the Commission
Member at the address as it appears on the records of the Commission, with postage thereon prepaid.
Proxy
There shall be no vote by proxy for any meetings.
ARTICLE VI – NOTICE
Manner of Giving Notice
Whenever, under these Bylaws, notice is required to be given to any Commission Member of the PYSC and no provisions are made as
to how such notice shall be given, it shall be construed to mean personal notice, and shall be given in writing, by mail, postage paid,
addressed to such Commission Member at the address appearing on the records of the Commission. Any notice required or permitted
to be given by mail shall be deemed given at the time when the same is thus deposited in the United Sates mail as aforesaid.
Waiver of Notice
Whenever any notice is required to be given to any Commission Members of the PYSC under these Bylaws, a waiver thereof in
writing, signed by the person or persons entitled to such notice, whether before or after the time stated in such notice, shall be deemed
equivalent to the giving of such notice. Attendance at a meeting shall constitute a waiver of notice of such meeting, except where a
person attends for the express purpose of objecting to the transaction of any business on the ground that the meeting is not properly
called or convened.
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ARTICLE VII - BOARD OF DIRECTORS
Board of Directors
The business and affairs of the Commission shall be managed by its Board of Directors, which shall consist of the Directors of this
Commission and the Member Association delegate, each of whom will be entitled to one vote (the Past President is not a voting
member). The Board of Directors and recognized delegate(s) shall transact all business of the Commission and shall have the power
to enforce the Laws of its respective divisions, and the Constitution, Bylaws, and Rules and Regulations of this Commission and
Member Associations.
Election of Board of Directors
The Directors, i.e., the members of the Board, are listed below and shall be elected for a term of two (2) years, and may succeed
themselves in office. To be eligible, the members of the Board of Directors must reside within the PYSC jurisdiction and/or they are
not bound by any other association or governing association, subject to board approval. Should any member of the Board of Directors
change residence outside said jurisdiction, the member shall be allowed to serve until the end of the term of such position.
Any Director who desires to seek election to another office must first resign the office he/she is holding, prior to the election.
Elections shall be held at the Annual Meeting with one-half of the Board of Directors being elected each year in the following manner:
To qualify for the positions of President and/or Vice-President, a candidate must have previously served at least one (1) year as a
PYSC Board member or two (2) years as a delegate within the previous three (3) years of the date of the PYSC Annual Meeting; or a
candidate must be appointed by a majority of the Board. In the instance that a qualified Board member is not available, a candidate
must be approved by a majority vote of the Board.
President (Elected even years)
Vice President (Elected odd years)
Treasurer (Elected even years)
Secretary (Elected odd years)
Delegates of Member Associations (Appointed annually by each association)
One PISD At-Large Member (Appointed annually from supporting organizations)
One Town At-Large Member (Appointed annually from supporting organizations)
Immediate Past-President (ex officio member) (Not elected-former President - non voting member)
All officers not otherwise appointed shall be elected by the Commission Members.
Removal
Any member of the Board of Directors shall be required to resign following vote of no confidence in his ability to remain in office.
Twenty percent (20%) of Commission members may petition for such a vote. The petition must be submitted in writing to the Board
of Directors which, in turn, will review the petition within fifteen (15) days of receipt of such petition. The vote of no confidence
must be passed by a two-thirds (2/3) majority of all the Commission Members. If a Director receives a vote of no confidence, he is
automatically removed from the Board. His/her office shall then be filled by an appointment approved by the majority of the
Commission Members until the next Annual Meeting.
Attendance at Meetings
A Commission Member not attending three (3) consecutive scheduled meetings, including regular meetings, of this Commission or
Executive Committee meetings will have his/her office declared vacant unless such absences are excused by the Board of Directors.
A vote of no confidence by the Commission Members shall be taken upon the first PYSC meeting following the Fourth consecutive
absence. Should the vote of no confidence be approved, his/her office shall then be filled by an appointment approved by the two-
thirds (2/3) of the Commission Members until the next Annual Meeting. Member Association delegates shall count as in attendance
on behalf of their Association when appointed representatives are not present at PYSC meetings.
Vacancies
In the event of a vacancy, the Commission shall find a replacement candidate and present this person to the Board of Directors. A
two -thirds (2/3) vote of the Commission Members is required for approval of the replacement candidate.
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Compensation
Any Commission Members of the PYSC shall serve without compensation for their services.
Minutes
The Board of Directors shall keep regular minutes of its proceedings. The minutes shall be placed in the minute book of the
Commission. Minutes shall be approved at the next Board Meeting.
Grievance Involving Board of Directors Members
In the event of any grievance involving such Member Association, that Member Association’s delegate may discuss the issue
surrounding the circumstances, but not be entitled to vote on the resolution of the grievance.
Conflicts of Interest
A member of the Board of Directors can be a member or official of a Member Association. It is the policy of the Commission that no
member of the Board, a Standing Committee, or any other committee or any officer or any employee of the Commission shall have
any association with or interest in any business enterprise which would conflict with the proper performance of his duties or
responsibilities as such or which might tend to affect his independence or judgment with respect to transactions between the
Commission and any such business enterprise.
It is also the policy of the Commission that no member of the Board, Member Association Delegate or any committee or any officer or
employee of the Commission shall have, directly or indirectly, any material personal business or financial interest with, or in any
business enterprise with which, the Commission does business, including, without limitation, the member, or any person in the
immediate family of the member, holding a position with a supplier of goods and/or services to the Commission and/or Member
Association, unless the material facts of the relationship or the interest in the business are disclosed to the Commission Members and
the Commission Members authorizes the contract.
ARTICLE VIII – OFFICERS: Powers and Duties
President
The President of the Commission shall preside at all Commission meetings. He/she shall appoint any other Committees as deemed
necessary by the Board. He/she is an ex-officio voting member of all Committees. He/she shall not vote, but may cast the deciding
vote in the event of a tie, or he/she may waive the right to do so. He/she shall submit an annual report in writing at the Annual
Meeting and said report shall become part of the minutes of such meeting. He/she is empowered to take prudent and reasonable action
in cases not covered in these Bylaws, and such authority is implicit in the office.
Vice President
The Vice President will fulfill the role of President in the event that office becomes vacant, until a new President is selected by PYSC.
Secretary
He/she shall keep minutes of all PYSC meetings. The Commission Members shall approve the minutes. The Secretary shall keep all
approved minutes in a book and have this book available for review by all Commission members. He/she shall act as the Public
Relations Director for the Commission as may be required.
Treasurer
The Treasurer shall be the primary point of contact and serve as Commission auditor for Member Associations.
Immediate Past President
He/she shall assist the President. The Immediate Past President will be a non-voting Board member.
ARTICLE IX – DUTIES/CRITERIA OF LEAGUES
Non-Profit / League Transparency Status
Member Associations/Organizations shall provide access to the most current tax filings, articles of incorporation and annual financials
and demographics/residency at any time upon request from the Commission. Any and all Member Associations/Organizations
participant’s personal information including but not limited to street address, email address and/or phone number(s) shall remain the
possession of each Association/Organization submitting such information. The information provided may not be used by any other
Member Association, municipality or outside agency for purposes of advertisements, political gain, or any other information which
does not pertain to the Association/organization providing such information.
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Composition
Member Associations shall ensure eighty percent (80%) or more of current participants per league are Town r esidents, or PISD
students. League or teams participating in Club or Select leagues will also be required to ensure that eighty percent (80%) of
participants are Town residents, or PISD students. Facility use and fees will apply to those PYSC endorsed leagues first and
secondarily to Club/Select teams or those teams choosing not to participate in Member Associations at Town or PISD usage fee rates
and availability.
Administrative Functions
Member Associations shall have the following responsibilities:
a. Maintain adherence to PYSC bylaws
b. Maintain 501 (c) (3) statuses
c. Follow all league governing bodies’ bylaws
d. Organizational meetings;
e. League registrations;
f. Collecting and maintaining funds derived from registration fees or fundraising projects;
g. Drafting and communicating League schedules;
h. Contacting and scheduling officials for all League games.
Member Associations shall:
a. Assure that all participants and officials conduct themselves in accordance with all Prosper ISD and Town policies, facility use
agreements, Town ordinances, and state laws;
b. Maintain communications with the Commission pertaining to facility needs;
c. Schedule and use facilities according to applicable Town and PISD policies.
Coach Certifications
Member Associations shall ensure that all coaches are certified for coaching per each association governing bodies and shall maintain
up-to-date background checks of all coaches.
Code of Conduct
Member Associations shall develop and submit a League Code of Conduct, which shall include an enforcement plan; communicate
the League Code of Conduct to coaches, parents, participants, and spectators; and adopt and implement a grievance system whereby
complaints and concerns will be heard and addressed by the Member Association.
Non-Discrimination Policy
Member Associations shall adopt a non-discrimination policy that ensures participation for all youth regardless of race, creed, sex,
economic status, other legally protected status or athletic ability.
Team Balance
Member Associations shall develop recreational Leagues as per each league governing bodies encouraging team balance and equal
playing time for participants in all recreational sports.
Facility Use
PYSC will oversee and designate all Town facilities and fields to each sport as deemed on a fair usage basis at least sixty (60) days
before the commencement of each season. Member Associations shall submit requests for facilities and fields to PYSC and PYSC
shall endeavor that facilities and fields be assigned based on an equitable need and priority basis.
*Note: New league application and membership will be addressed and defined in an Addendum to these bylaws for future
publication as a normal course of PYSC business.
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To: Mayor and Town Council
From: Daniel L Heischman, P.E., Senior Engineer
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – November 11, 2014
Agenda Item:
Discussion on implementing the Stormwater Management Program requirement to meet
conditions of the TCEQ General Permit to discharge under the Texas Pollutant Discharge
Elimination System.
Description of Agenda Item:
With the recent growth in the past few years, the Town of Prosper has reached a population
which requires it to comply with the Texas Commission of Environmental Quality (TCEQ)
General Permit requirements to discharge under the Texas Pollutant Discharge Elimination
System. One component of compliance is to develop and implement a Stormwater
Management Program (SWMP) meeting the six (6) minimum control measures set forth by
TCEQ. The six measures include:
1. Public Education, Outreach, and Involvement
2. Illicit Discharge Detection and Elimination (IDDE)
3. Construction Sites Stormwater Runoff Control
4. Post-Construction Stormwater Management in New Development and Redevelopment
5. Pollution Prevention and Good Housekeeping Measures for Municipal Operations
6. Industrial Stormwater Sources
Town staff developed a draft SWMP and made application to TCEQ in June of this year. Over
the subsequent months, staff addressed TCEQ's comments and was given the notice to
proceed with public comment in September 2014. Even though staff is awaiting final direction
from TCEQ, the program is now ready for implementation by the Town.
The program includes a variety of measures to comply with the requirements set by TCEQ
which include public education, adoption of a Stormwater Management Ordinance, staff training,
mapping and reporting, creating "good housekeeping" policies, and implementing construction
site controls to name a few. These measures are outlined in the SWMP and have yearly
benchmarks to achieving the goals of the program and will need to be complete by the fifth year
of the permit term which started back in December 2013. The program shall incorporate current
best management practices that the Town already implements, and shall develop new policies
and programs to address other requirements.
ENGINEERING
Prosper is a place where everyone matters.
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Page 2 of 2
Budget Impact:
In the FY2014-2015 Adopted Budget, the Public Works Department included a new Stormwater
Specialist position, funded by the Town's Drainage Utility Fee, who will be the point person and
implementer of the SWMP. Future funding will be based on the costs for the development of
the programs required to achieve the goals set forth in the SWMP.
Attached Documents:
1. Stormwater Management Program Draft
Town Staff Recommendation:
Town staff recommends that the Town Council provide feedback regarding the implementation
of the policies and procedures outlined in the Stormwater Management Program.
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SSTTOORRMMWWAATTEERR MMAANNAAGGEEMMEENNTT
PPRROOGGRRAAMM
November 2014
Prepared by the Town of Prosper for application to the Texas Commission on
Environmental Quality TPDES General Permit Number TXR04000
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TOWN OFFICIALS
Ray Smith Mayor
Meigs Miller Council Member - Place 4 / Mayor Pro-Tem
Kenneth Dugger Council Member - Place 2 / Deputy Mayor Pro-Tem
Michael Korbuly Council Member - Place 1
Curry Vogelsang, Jr. Council Member - Place 3
Mike Davis Council Member - Place 5
Jason Dixon Council Member - Place 6
Harlan Jefferson Town Manager
Hulon T. Webb, Jr., P.E. Executive Director of Development & Community Services
Frank Jaromin, P.E. Director of Public Works
Dan Heischman, P.E. Senior Engineer
Matt Richardson, P.E. Senior Engineer
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REVISION HISTORY
Revision
Number
Effective
Date Description
0 6/10/2014 Complete Revision of Engineering Design Standards
1 8/27/2014 Modifications per TCEQ review
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TABLE OF CONTENTS
A.INTRODUCTION ............................................................................................................................... 1
B.REGULATORY BACKGROUND ...................................................................................................... 1
C.PROGRAM OVERVIEW ................................................................................................................... 3
D.MINIMUM CONTROL MEASURES .................................................................................................. 4
1.PUBLIC EDUCATION, OUTREACH, AND INVOLVEMENT ........................................................ 4
2.ILLICIT DISCHARGE DETECTION AND ELIMINATION ............................................................. 8
3.CONSTRUCTION SITE STORMWATER RUNOFF CONTROL ................................................ 12
4.POST-CONSTRUCTION STORMWATER MANAGEMENT IN NEW DEVELOPMENT AND
REDEVELOPMENT ..................................................................................................................... 16
5.POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS ....... 19
6.INDUSTRIAL STORMWATER SOURCES ................................................................................. 25
E.RECORDKEEPING AND REPORTING ............................................................................................. 25
APPENDIX A TCEQ TPDES GENERAL PERMIT NO. TXR040000
APPENDIX B TOWN OF PROSPER NOTICE OF INTENT
APPENDIX C ANNUAL REPORT FORMS
APPENDIX D COMMON USED ACRONYMS
APPENDIX E GLOSSARY
APPENDIX F ALLOWABLE NON-STORMWATER DISCHARGES
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A. INTRODUCTION
Stormwater runoff is generated when precipitation from rain and snowmelt events flows over land or impervious
surfaces and does not percolate into the ground. As the runoff flows over the land or impervious surfaces (paved
streets, parking lots, and building rooftops), it accumulates debris, chemicals, sediment or other pollutants that could
adversely affect water quality if the runoff is discharged untreated. Polluted stormwater runoff from "urbanized areas"
is a major cause of impairment to our Nation’s waterways. Efforts to improve water quality came with the passage of
the Clean Water Act (CWA) in 1972. Under the authority of the Clean Water Act, the U.S. Environmental Protection
Agency (EPA) developed a stormwater permitting program with the goal of significantly reducing this pollution source.
The EPA passed the permitting authority for the State of Texas on to the Texas Commission on Environmental
Quality (TCEQ). The Town of Prosper has been designated as an "urbanized area" (UA) and therefore must make
application to TCEQ to discharge stormwater to waters of the United States. In order to become authorized under
the new TCEQ permit, the Town has developed a stormwater management program (SWMP) and intends to
implement best management practices (BMPs) that are designed to:
x Reduce the discharge of pollutants to the maximum extent practicable;
x protect water quality; and
x satisfy the appropriate water quality requirements of the Clean Water Act.
Town Background
The Town of Prosper is a growing community generally located in northwestern Collin County and partly in eastern
Denton County with US 380 as its southern boundary, and is approximately 35 miles north of downtown Dallas.
Prosper is a home-rule municipality, governed by a council-manager form of government. In 2010, the U.S. Census
Bureau calculated Prosper's population at 9,423, and in 2013, Prosper had an estimated population of 14,986 (per
Town of Prosper Economic Development Corporation). The Town of Prosper has a projected build-out population of
70,000 residents.
Prosper has a land area of 27 square miles in the Northern Blackland Prairie ecoregion of North Texas. Stormwater
from the Town falls in the Upper Trinity River basin with areas contributing to the Lewisville Lake watershed and the
Lake Lavon watershed by means of Doe Branch, Wilson Creek, Rutherford Creek and Parvin Branch.
B. REGULATORY BACKGROUND
The Clean Water Act establishes the basic structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters. The CWA made it unlawful to discharge any
pollutant from a point source into navigable waters, unless a permit was obtained. EPA's National Pollutant
Discharge Elimination System (NPDES) permit program controls discharges. Point sources are discrete conveyances
such as pipes or man-made ditches.
Polluted stormwater runoff is commonly transported through Municipal Separate Storm Sewer Systems (MS4s), from
which it is often discharged untreated into local waterbodies. To prevent harmful pollutants from being washed or
dumped into an MS4, operators must obtain a NPDES permit and develop a stormwater management program.
x Phase I, issued in 1990, requires medium and large cities or certain counties with populations of 100,000 or
more to obtain NPDES permit coverage for their stormwater discharges.
x Phase II, issued in 1999, requires regulated small MS4s in urbanized areas, as well as small MS4s outside
the urbanized areas that are designated by the permitting authority, to obtain NPDES permit coverage for
their stormwater discharges.
In 1998, the U.S. EPA and the Texas Commission on Environmental Quality (TCEQ) signed a memorandum
agreement for the TCEQ to assume the regulatory authority for the NPDES as it applies to the State of Texas. This
program has been named the Texas Pollutant Discharge Elimination Program (TPDES). In 2007, TCEQ issued the
Phase II TXR040000 General Permit under the TPDES program, and was newly updated in December 2013.
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This TPDES General Permit program extends coverage of the Phase II Rule to include small MS4s in the
“urbanized areas” as designated by the U.S. Census Bureau.
Regulatory Requirements
The TCEQ TPDES General Permit Number TXR040000 requires small MS4s apply for authorization to
discharge stormwater to surface waters in the State of Texas. Application for coverage under this permit includes
the submittal of a Notice of Intent (NOI) form and preparation of a Stormwater Management Program (SWMP).
The TPDES permit will provide coverage for a five-year period and requires an annual report submittal to TCEQ.
A SWMP must be developed and submitted to TCEQ with the NOI for eligible discharges that will reach waters of the
United States (U.S.), including discharges from the regulated small MS4 to other MS4s or privately-owned separate
storm sewer systems that subsequently drain to waters of the U.S. according to the requirements of Part III of the
TPDES general permit:
Part III. Stormwater Management Program (SWMP)
To the extent allowable under state and local law, a SWMP must be developed, implemented and enforced according to the
requirements of Part III of this general permit, for stormwater discharges that reach waters of the U.S., regardless of whether the
discharge is conveyed through a separately operated storm sewer system. The SWMP must be developed, implemented and
enforced to reduce the discharge of pollutants from the small MS4 to the maximum extent practicable (MEP), to protect water
quality, and to satisfy the appropriate water quality requirements of the CWA and the TWC.
The SWMP shall include a time line that demonstrates a schedule for implementation of the program throughout the
permit term. The program must be completely implemented within five years of the issuance date of the TPDES
general permit, or within five years of being designated for those small MS4s which are designated following permit
issuance. Implementation of the SWMP is required immediately following receipt of written authorization from the
TCEQ.
The SWMP must identify and apply best management practices (BMPs) developed to prevent stormwater
pollution to the maximum extent practicable (MEP). BMPs are required to be developed to satisfy six stormwater
quality Minimum Control Measures (MCM):
1. Public Education, Outreach, and Involvement
2. Illicit Discharge Detection and Elimination (IDDE)
3. Construction Sites Stormwater Runoff Control
4. Post-Construction Stormwater Management in New Development and Redevelopment
5. Pollution Prevention and Good Housekeeping Measures for Municipal Operations
6. Industrial Stormwater Sources
Impaired Water Bodies
Discharges of the pollutant(s) of concern to impaired water bodies for which there is a TCEQ and EPA approved total
maximum daily load (TMDL) are not eligible for this general permit unless they are consistent with the approved
TMDL. A water body is impaired for purposes of the permit if it has been identified, pursuant to the latest TCEQ and
EPA approved CWA §303(d) list, as not meeting Texas Surface Water Quality Standards.
The permittee shall control the discharges of pollutant(s) of concern to impaired waters and waters with approved
TMDLs as provided in sections (a) and (b) below (only section b provided in SWMP), and shall assess the progress
in controlling those pollutants.
(b)Discharges Directly to Water Quality Impaired Water Bodies without an Approved TMDL
The permittee shall also determine whether the permitted discharge is directly to one or more water quality
impaired water bodies where a TMDL has not yet been approved by TCEQ and EPA. If the permittee
discharges directly into an impaired water body without an approved TMDL, the permittee shall perform the
following activities:
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(1) Discharging a Pollutant of Concern
a. Within the first year following the permit effective date, the permittee shall determine whether the small
MS4 may be a source of the pollutant(s) of concern by referring to the CWA §303(d) list and then
determining if discharges from the MS4 would be likely to contain the pollutant(s) of concern at levels of
concern.
b. If the permittee determines that the small MS4 may discharge the pollutant(s) of concern to an impaired
water body without an approved TMDL, the permittee shall, no later than two years following the permit
effective date, ensure that the SWMP includes focused BMPs, along with corresponding measurable goals,
that the permittee will implement, to reduce, the discharge of pollutant(s) of concern that contribute to the
impairment of the water body.
c. In addition, no later than three years following the permit effective date, the permittee shall submit an NOC
to amend the SWMP to include any additional BMPs to address the pollutant(s) of concern.
(2) Impairment of Bacteria
Where the impairment is for bacteria, the permittee shall identify potential significant sources and develop
and implement focused BMPs for those sources. The permittee may implement the BMPs listed in Part
II.D.4(a)(5) or proposed alternative BMPs, as appropriate.
(3) The annual report must include information on compliance with this section, including results of any sampling
conducted by the permittee.
C. PROGRAM OVERVIEW
The Town of Prosper has developed this SWMP in accordance with TPDES requirements for obtaining authorization
for stormwater and certain non-stormwater discharges. The SWMP describes specific actions that will be taken over
a five-year period to reduce pollutants and protect the Town's stormwater quality. The SWMP also sets measurable
goals and provides a schedule for the implementation of BMPs over the next five years. The permit will be renewed
every five years, and permit conditions will reflect progress made in the Town to improve stormwater quality. Various
BMPs have been developed for each of six required minimum control measures that are expected to minimize or
eliminate stormwater pollutants discharged into the storm sewer system and provide water quality protection for
receiving water bodies.
The SWMP was developed by Town staff from multiple departments (Stormwater Stakeholder Committee) and led by
the Engineering Department. These "stakeholders" discussed and considered various structural and non-structural
BMPs that were used in the selection to meet the six MCMs. Several BMPs were selected and shall be implemented
throughout the five-year permit term authorized under the General Permit. The Stakeholder Committee was
comprised by department heads and/or their designees from select Town departments including:
x Engineering
x Public Works
x Building Inspections
x Parks & Recreation
x Planning
x Library
Various other departments including the Fire Department, Police, Town Secretary, Utility Billing, Purchasing, Human
Resources, and Town Administration were solicited for additional input. Supplementary advice was given through
the Collin County MS4 Stormwater Forum.
The Best Management Practices (BMP's) proposed in this SWMP have been selected to address the six minimum
control measures. These BMPs were selected based on analyzing existing practices in the Town of Prosper as well
as nearby communities. After extensive research, additional BMPs were also chosen from the EPA's National Menu
of Stormwater Best Management Practices, NCTCOG's Stormwater BMPs: A Menu of Management Plan Options for
Small MS4s in North Central Texas, and various TCEQ resources.
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Impaired Water Bodies: The Town of Prosper contributes stormwater runoff in the Upper Trinity River basin with
areas contributing to the Lewisville Lake watershed and the Lake Lavon watershed by means of Doe Branch, Wilson
Creek, Rutherford Creek and Parvin Branch. And according to CWA §303(d), Wilson Creek is listed as being an
impaired body.
SegID: 0821C
Category
5c
0821C_01
Parameter(s)
Wilson Creek (unclassified water body)
From the confluence with Lake Lavon in Collin County up to West FM 455 (NHD RC
12030106000086), just east of Celina, Collin Co., TX.
Entire water body
bacteria
Year Segment First Listed
2010
Category 5c - Additional data or information will be collected and/or evaluated for one or more parameters before a
management strategy is selected.
The Town discharges in the listed water body segment which is listed as impaired for bacteria. Bacteria is likely to be
found in stormwater discharges and may contribute to the impairment of the water body. While additional data or
information shall be collected and/or evaluated before a management strategy is selected, this SWMP will include
BMPs that will focus on the reduction of discharge of bacteria to the maximum extent practical. Specifically focused
BMPs, along with corresponding measurable goals, will target sanitary sewer systems, on-site sewage facilities, illicit
discharges and dumping, animal sources and residential education. The annual report will include information on
compliance with these BMPs and corresponding measurable goals.
D. MINIMUM CONTROL MEASURES
Operators of small municipal separate storm sewer system (MS4) must develop and submit to the TCEQ, a
stormwater management program (SWMP) that includes at least these six control measures:
x public education and outreach
x public involvement or participation
x detection and elimination of illicit discharges
x controls for stormwater runoff from construction sites
x post-construction stormwater management in areas of new development and redevelopment
x pollution prevention and “good housekeeping” measures for municipal operations
These measures must be developed by identifying and applying best management practices (BMPs). The minimum
control measures include the regulatory requirements, a description of the selected BMP's along with the
implementation schedule and measureable goals for the Town of Prosper's SWMP.
1. PUBLIC EDUCATION, OUTREACH, AND INVOLVEMENT
Regulatory Requirements:
(a) Public Education and Outreach
(1) All permittees shall develop, implement, and maintain a comprehensive stormwater education and outreach
program to educate public employees, businesses, and the general public of hazards associated with the illegal
discharges and improper disposal of waste and about the impact that stormwater discharges can have on local
waterways, as well as the steps that the public can take to reduce pollutants in stormwater.
Existing permittees shall assess program elements that were described in the previous permit, modify as
necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of
pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the program fully implemented by the end of this permit term. The
program must, at a minimum:
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a. Define the goals and objectives of the program based on high priority community-wide issues (for example,
reduction of nitrogen in discharges from the small MS4, promoting previous techniques used in the small
MS4, or improving the quality of discharges to the Edwards Aquifer);
b. Identify the target audience(s);
c. Develop or utilize appropriate educational materials, such as printed materials, billboard and mass transit
advertisements, signage at select locations, radio advertisements, television advertisements, and websites;
and
d. Determine cost effective and practical methods and procedures for distribution of materials.
(2) Throughout the permit term, all permittees shall make the educational materials available to convey the
program’s message to the target audience(s) at least annually.
(3) All permittees shall review and update as necessary, the SWMP and MCM implementation procedures
required by Part III.A.2. Any changes must be reflected in the annual report. Such written procedures must be
maintained, either on site or in the SWMP and made available for inspection by the TCEQ.
(4) MS4 operators may partner with other MS4 operators to maximize the program and cost effectiveness of the
required outreach.
(b) Public Involvement
All permittees shall involve the public, and, at minimum, comply with any state and local public notice
requirements in the planning and implementation activities related to developing and implementing the SWMP,
except that correctional facilities are not required to implement this portion of the MCM.
Existing permittees shall assess program elements that were described in the previous permit, modify as
necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of
pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the program fully implemented by the end of this permit term. At a
minimum, all permittees shall:
(1) If feasible, consider using public input (for example, the opportunity for public comment, or public meetings)
in the implementation of the program;
(2) If feasible, create opportunities for citizens to participate in the implementation of control measures, such as
stream clean-ups, storm drain stenciling, volunteer monitoring, volunteer “Adopt-A-Highway” programs, and
educational activities; and
(3) Ensure the public can easily find information about the SWMP.
Program Development
Objective: Through the selected BMPs, the Town of Prosper shall provide educational material to reach a range
of audiences to help promote stormwater quality and to reduce pollutants within our waterways. Material shall be
provided to reach residents, visitors, businesses, and Town employees in a variety of ways. Educational material
shall be provided and updated at a minimum of annual intervals. Opportunities throughout the permit term shall be
provided to allow the general public to offer public comment as well as participate in annual events. The goal is to
educate residents and others about the importance of stormwater quality, and show what steps can be done to
reduce pollutants in stormwater.
Selected BMPs:
BMP 1.1 Utility Bill Inserts
Description: Educational material regarding general stormwater information especially pertaining to TCEQ permit
guidelines shall be included in utility bill inserts at least once per year. Material are to include a variety of information
from year to year and shall include topics on hazards associated with illegal discharges and improper disposal of
waste, as well as the impact that stormwater discharges can have on local waterways. The inserts will also contain
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contact information for questions and comments. Inserts should reach all Prosper residents and businesses currently
being served by Town utilities.
Measurable Goal: The number of Prosper resident and business addresses with utility inserts.
Schedule of Implementation:
a Year 2: Create and insert material into utility bills.
a Year 3-5: Update material and continue insertion into utility bills.
Responsible Department: Utility Billing
BMP 1.2 Social Media
Description: Informative and educational material will be posted on the Town's Facebook page annually containing
general stormwater material pertaining to TCEQ permit guidelines. The Town will research additional forms of social
media to provide material to the general public who are "connected" to Prosper. Social media such as Facebook
allows users to interact with like minded individuals, and seek or share information on related topics.
Measurable Goal: Listed number of friends to Town Facebook page, and number of "likes" by Facebook users for
each related post.
Schedule of Implementation:
a Year 2: Create and post stormwater related material.
a Year 3-5: Update material and continue yearly posts. Look into additional forms of social media to reach
additional audiences and to continue to provide informative material.
Responsible Department: Public Works Department
BMP 1.3 Town Website
Description: Provide educational and informative material regarding stormwater related topics through links and the
creation of a dedicated webpage. The webpage is to include general TCEQ permit information as well as Town staff
contact information for questions or reporting purposes. Related topics will include information on hazards
associated with illegal discharges and improper disposal of waste, as well as the impact that stormwater discharges
can have on local waterways. Educational information addressing the impacts of bacteria on impaired water bodies
and promoting its reduction shall be included. The webpage is typically the most used form of gathering information
for a wide variety of users from businesses to consultants/developers to general public.
Measurable Goal: Webpage/related links up and running.
Schedule of Implementation:
a Year 2: Add links to related stormwater educational websites such as Texas Smartscape website as well as
related TCEQ webpage on Town Engineering webpage.
a Year 3-5:
x Continue to provide links to stormwater related websites.
x Create stormwater webpage and provide links to various related material.
a Year 4-5: Create intranet to allow easier access for Town staff to share information and Town guidelines with
each other.
Responsible Department: Public Works Department
BMP 1.4 Reference Material at Town Library
Description: Provide educational material for reference at the Public Library. Reference material to include
informative material relating to TCEQ stormwater permit, educational material on various stormwater BMP's including
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information on bacteria and promotion of its reduction in stormwater discharge, and information relating to Town of
Prosper stormwater management program.
Measurable Goal: Description of material provided.
Schedule of Implementation:
a Year 2: Create and provide reference material at Library.
a Year 3-5: Update material and continue to provide reference material.
Responsible Department: Library
BMP 1.5 Town Staff Education/Training
Description: Provide educational material to Town staff through various formats. Educational material related to
stormwater issues as it relates to Town functions shall be sent via staff email as well as be available on the Town's
intranet (once implemented). Additional training will be provided for staff directly related to construction activities.
Measurable Goal: Description of material provided.
Schedule of Implementation:
a Year 2:
x Create and email educational material using Town employee email.
x Hold training sessions for specific Town staff as job functions relate to construction.
a Year 3-5:
x Update material and send out via staff email.
x Continue staff training.
x Provide educational information via the Town's intranet once implemented.
Responsible Department: Public Works Department
BMP 1.6 Stormwater Hotline
Description: Develop and advertise a dedicated stormwater hotline to solicit information related to illicit discharges
and illegal dumping, stormwater complaints, and general comments regarding Prosper's stormwater management
program.
Measurable Goal: Establish dedicated phone line for residents questions and complaints.
Schedule of Implementation:
a Year 2: Provide contact info for Town staff to respond to resident questions and complaints on stormwater
related issues.
a Year 3-5: Provide dedicated phone hotline to address resident questions and complaints.
Responsible Department: Public Works Department
BMP 1.7 Educational Booth at Community Events
Description: Provide booth and/or table with various educational material and staffed with Town employees to
collect input from event's attendees and provide educational material.
Measurable Goal: Number of events educational booth has been provided.
Schedule of Implementation:
a Year 1-5: Provide booth at yearly Community events.
Responsible Department: Public Works Department
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BMP 1.8 Household Hazardous Waste Collection and Recycling
Description: Participate in area household hazardous waste collection day and advertise to residents. Continue to
enter into interlocal agreement with neighboring municipalities to allow collection of common household hazardous
material.
Measurable Goal: Hold annual event to allow residents an opportunity to participate in activities that promote
stormwater quality and reduction of pollutants in Town's waterways.
Schedule of Implementation:
a Year 1-5: Hold and promote yearly event for household hazardous waste collection.
Responsible Department: Public Works Department
2. ILLICIT DISCHARGE DETECTION AND ELIMINATION
Regulatory Requirements:
(a) Program Development
(1) All permittees shall develop, implement, and enforce a program to detect, investigate, and eliminate illicit
discharges into the small MS4. The program must include a plan to detect and address non-stormwater
discharges, including illegal dumping to the MS4 system.
Existing permittees must assess program elements that were described in the previous permit, modify as
necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of
pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the program fully implemented by the end of this permit term. See also
Part III.A.1(c).
The Illicit Discharge Detection and Elimination (IDDE) program must include the following:
a. An up-to-date MS4 map (see Part III.B.2.(c)(1));
b. Methods for informing and training MS4 field staff (See Part III.B.2.(c)(2));
c. Procedures for tracing the source of an illicit discharge (see Part III. B.2.(c)(5));
d. Procedures for removing the source of the illicit discharge (see Part III.B.2.(c)(5));
e. For Level 2, 3 and 4 small MS4s, if applicable, procedures to prevent and correct any leaking on-site
sewage disposal systems that discharge into the small MS4;
f. For Level 4 small MS4s, procedures for identifying priority areas within the small MS4 likely to have illicit
discharges, and a list of all such areas identified in the small MS4 (See Part III.B.2.(g)(1)); and
g. For Level 4 small MS4s, field screening to detect illicit discharges (See Part III.B.2.(g)(2)).
(2) For non-traditional small MS4s, if illicit connections or illicit discharges are observed related to another
operator’s MS4, the permittee shall notify the other MS4 operator within 48 hours of discovery. If notification to
the other MS4 operator is not practicable, then the permittee shall notify the appropriate TCEQ regional office of
the possible illicit connection.
(3) If another MS4 operator notifies the permittee of an illegal connection or illicit discharge to the small MS4,
then the permittee shall follow the requirements specified in Part III.B.2.(c)(3).
(4) All permittees shall review and update as necessary, the SWMP and MCM implementation procedures
required by Part III.A.2. Any changes must be reflected in the annual report. Such written procedures must be
maintained, either on site or in the SWMP and made available for inspection by the TCEQ.
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Allowable Non-Stormwater Discharges
Non-stormwater flows listed in Part II.C. do not need to be considered by the permittee as an illicit discharge
requiring elimination unless the permittee or the TCEQ identifies the flow as a significant source of pollutants to the
small MS4.
Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.2(c)(1)-(6)
(1) MS4 mapping
a. All permittees shall maintain an up-to-date MS4 map, which must be located on site and available for
review by the TCEQ. The MS4 map must show at a minimum the following information:
b. The location of all small MS4 outfalls that are operated by the permittee and that discharge into waters of
the U.S;
c. The location and name of all surface waters receiving discharges from the small MS4 outfalls; and
d. Priority areas identified under Part III.B.2.(e)(1) if applicable.
(2) Education and Training
All permittees shall implement a method for informing or training all the permittee’s field staff that may come into
contact with or otherwise observe an illicit discharge or illicit connection to the small MS4 as part of their normal
job responsibilities. Training program materials and attendance lists must be maintained on site and made
available for review by the TCEQ.
(3) Public Reporting of Illicit Discharges and Spills
To the extent feasible, all permittees shall publicize and facilitate public reporting of illicit discharges or water
quality impacts associated with discharges into or from the small MS4. The permittee shall provide a central
contact point to receive reports; for example by including a phone number for complaints and spill reporting.
(4) All permittees shall develop and maintain on site procedures for responding to illicit discharges and spills.
(5) Source Investigation and Elimination
a. Minimum Investigation Requirements – Upon becoming aware of an illicit discharge, all permittees shall
conduct an investigation to identify and locate the source of such illicit discharge as soon as practicable.
(i) All permittees shall prioritize the investigation of discharges based on their relative risk of pollution. For
example, sanitary sewage may be considered a high priority discharge.
(ii) All permittees shall report to the TCEQ immediately upon becoming aware of the occurrence of any
illicit flows believed to be an immediate threat to human health or the environment.
(iii) All permittees shall track all investigations and document, at a minimum, the date(s) the illicit discharge
was observed; the results of the investigation; any follow-up of the investigation; and the date the
investigation was closed.
b. Identification and Investigation of the Source of the Illicit Discharge –All permittees shall investigate and
document the source of illicit discharges where the permittees have jurisdiction to complete such an
investigation. If the source of illicit discharge extends outside the permittee’s boundary, all permittees shall
notify the adjacent permitted MS4 operator or TCEQ’s Field Operation Support Division according to Part
III.A.3.b.
c. Corrective Action to Eliminate Illicit Discharge
(i) If and when the source of the illicit discharge has been determined, all permittees shall immediately
notify the responsible party of the problem, and shall require the responsible party to perform all
necessary corrective actions to eliminate the illicit discharge.
(6) Inspections –The permittee shall conduct inspections, as determined appropriate, in response to complaints,
and shall conduct follow-up inspections as needed to ensure that corrective measures have been implemented
by the responsible party.
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Additional Requirements for Level 3 and 4 small MS4s
In addition to the requirements described in Parts III.B.2(c)(1)-(6) above, permittees who operate levels 3 and 4
small MS4s shall meet the following requirements:
(1) Source Investigation and Elimination
Permittees who operate level 3 and 4 small MS4 shall upon being notified that the discharge has been
eliminated, conduct a follow-up investigation or field screening, consistent with Part III.B.2.(e)(2), to verify that
the discharge has been eliminated. The permittee shall document its follow-up investigation. The permittee may
seek recovery and remediation costs from responsible parties consistent with Part III.A.3., and require
compensation related costs. Resulting enforcement actions must follow the procedures for enforcement action in
Part III.A.3. If the suspected source of the illicit discharge is authorized under an NPDES/TPDES permit or the
discharge is listed as an authorized non-stormwater discharge, as described in Part III.C., no further action is
required.
Additional Requirements for Level 4 small MS4s
In addition to the requirements described in Parts III.B.2(c)-(d) above, permittees who operate level 4 small MS4s
shall meet the following requirements:
(1) Identification of Priority Areas
Permittees who operate level 4 small MS4s shall identify priority areas and shall document the basis for the
selection of each priority area and shall create a list of all priority areas identified. This priority area list must be
available for review by the TCEQ.
(2) Dry Weather Field Screening
By the end of the permit term, permittees who operate level 4 small MS4s shall develop and implement a written
dry weather field screening program to assist in detecting and eliminating illicit discharges to the small MS4. Dry
weather field screening must consist of (1) field observations; and (2) field screening, as needed. If dry weather
field screening is necessary, at a minimum, the permittee shall:
a. Conduct dry weather field screening in priority areas as identified by the permittee in Part III.B.2(e)(1). By
the end of the permit term, all of those priority areas, although not necessarily all individual outfalls must be
screened.
b. Field observation requirements – The permittee shall develop written procedures for observing flows from
outfalls when there has been at least 72 hours of dry weather. The written procedures should include the
basis used to determine which outfalls would be observed. The permittee shall record visual observations
such as odor, color, clarity, floatables, deposits, or stains.
c. Field screening requirements – The permittee shall develop written procedures to determine which dry
weather flows will be screened, based on results of field observations or complaint from the public or the
permittee’s trained field staff. At a minimum, when visual observations indicate a potential problem such as
discolored flows, foam, surface sheen, and other similar indicators of contamination, the permittee shall
conduct a field screening analysis for selected indicator pollutants as determined by the permittee.
Screening methodology may be modified based on experience gained during the actual field screening
activities. The permittee shall document the method used.
Program Development
Objective: The Town shall develop, implement, and enforce a program to detect, investigate, and eliminate illicit
discharges into the small MS4. Town staff shall be trained to detect and investigate potential illicit discharges.
Ordinances shall be created and implement to give Town authority to eliminate illicit discharges. Goal is to give
Town employees tools to detect and enforce removal of illicit discharges.
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Selected BMPs
BMP 2.1 Storm Sewer Map
Description: Develop a storm sewer map in accordance with TCEQ requirements. Use existing GIS data for current
mapped infrastructure, and perform field survey where data is unavailable.
Measurable Goal: Creation of storm sewer map to show locations of existing storm sewer in addition to storm
outfalls in relation to names receiving bodies of water/Waters of the U.S. Include locations and names of all surface
waters receiving discharge from these outfalls.
Schedule of Implementation:
a Year 2-3: Create Town storm sewer map of existing sewer system with use of existing GIS data. Survey older
infrastructure missing from existing GIS mapping and integrate into storm sewer map. Add new data as
development occurs.
a Year 4-5: Update map due to continuing development within the Town.
Responsible Department: Engineering Department
BMP 2.2 Stormwater Management Ordinance - Illicit Discharge Elimination
Description: Review and update existing ordinances and create new ordinances as needed to comply with current
TCEQ requirements to provide the Town of Prosper the authority to require the elimination of illicit connections or
illegal dumping activities within the Town. Ordinance to address the reduction of bacteria in stormwater discharge
into Wilson Creek as well as other water bodies.
Measurable Goal: Create Ordinance to give Town of Prosper authority to eliminate illicit discharges and issue
fines, as needed.
Schedule of Implementation:
a Year 2-3: Draft and adopt Illicit Discharge Ordinance and get public input.
a Year 3-5: Commence enforcement and track process. Update and modify, as needed.
Responsible Department: Public Works Department
BMP 2.3 Illicit Discharge Investigation and Elimination
Description: Conduct investigations to determine the source of illicit connections and illegal dumping activities.
Follow procedures to remove source of the illicit discharge, and issues fines, as needed. Procedures to include
prevention and correction of leaking on-site sewage disposal systems.
Measurable Goal: Track number of investigations performed. Track number of detected discharges.
Schedule of Implementation:
a Year 2-3: Draft and adopt Illicit Discharge Ordinance. Train appropriate personnel. Create procedures to
remove illicit discharge.
a Year 3-5: Conduct investigations in accordance with established parameters. Issue fines.
a Year 4-5: Continue and update training for appropriate personnel. Update procedures, as needed.
Responsible Department: Public Works Department / Code Compliance Department
BMP 2.4 Household Hazardous Waste Collection and Recycling (also BMP 1.8)
Description: Participate in area household hazardous waste collection day and advertise to residents. Continue to
enter into interlocal agreement with neighboring municipalities to allow collection of common household hazardous
material.
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Measurable Goal: Hold annual event to allow residents opportunity to participate in activities that promote
stormwater quality and reduction of pollutants in the Town's waterways.
Schedule of Implementation:
a Year 1-5: Hold and promote yearly event for household hazardous waste collection.
Responsible Department: Public Works Department
BMP 2.5 Stormwater Hotline (also BMP 1.6)
Description:Develop and advertise a dedicated stormwater hotline to solicit information related to illicit discharges
and illegal dumping, stormwater complaints, and general comments regarding Prosper's stormwater management
program.
Measurable Goal: Establish dedicated phone line for residents questions and complaints.
Schedule of Implementation:
a Year 2: Provide contact info for Town staff to respond to resident questions and complaints on stormwater
related issues.
a Year 3-5: Provide dedicated phone hotline to address resident questions and complaints.
Responsible Department: Public Works Department
BMP 2.6 Hazardous Material Spill Response
Description: Continue implementation of existing spill response procedures and training to contain and properly
dispose hazardous material spills, and prevent those spills from entering the MS4. Review and update existing
procedures and training, as needed.
Measurable Goal: Provide annual Haz-Mat training to Fire Department staff that includes topics covering
stormwater quality impacts and preventing spills from entering the storm drain system and waterways. Document
annual training provided.
Schedule of Implementation:
a Year 1-5:
x Continue implementation of existing procedures and training.
x Track number of responses to spills / Hazmat incidents.
x Track number of training hours for appropriate employees.
Responsible Department: Fire Department
3. CONSTRUCTION SITE STORMWATER RUNOFF CONTROL
Regulatory Requirements:
(a) Requirements and Control Measures
(1) All permittees shall develop, implement, and enforce a program requiring operators of small and large
construction activities, as defined in Part I of this general permit, to select, install, implement, and maintain
stormwater control measures that prevent illicit discharges to the MEP. The program must include the
development and implementation of an ordinance or other regulatory mechanism, as well as sanctions to ensure
compliance to the extent allowable under state, federal, and local law, to require erosion and sediment control.
Existing permittees shall assess program elements that were described in the previous permit, modify as
necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of
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pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and
newly regulated permittees shall have the program fully implemented by the end of this permit term.
If TCEQ waives requirements for stormwater discharges associated with small construction from a specific
site(s), the permittee is not required to enforce the program to reduce pollutant discharges from such site(s).
(b) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.3(b)(1)-(7).
(1) All permittees shall review and update as necessary, the SWMP and MCM implementation procedures
required by Part III.A.2. Any changes must be included in the annual report. Such written procedures must be
maintained on site or in the SWMP and made available for inspection by the TCEQ.
(2) All permittees shall require that construction site operators implement appropriate erosion and sediment
control BMPs. The permittee’s construction program must ensure the following minimum requirements are
effectively implemented for all small and large construction activities discharging to its small MS4.
a. Erosion and Sediment Controls - Design, install, and maintain effective erosion controls and sediment
controls to minimize the discharge of pollutants.
b. Soil Stabilization - Stabilization of disturbed areas must, at a minimum, be initiated immediately whenever
any clearing, grading, excavating, or other earth disturbing activities have permanently ceased on any
portion of the site, or temporarily ceased on any portion of the site and will not resume for a period
exceeding 14 calendar days. Stabilization must be completed within a period of time determined by the
permittee. In arid, semiarid, and drought-stricken areas, as determined by the permittee, where initiating
vegetative stabilization measures immediately is infeasible, alternative stabilization measures must be
employed as specified by the permittee.
c. BMPs –Design, install, implement, and maintain effective BMPs to minimize the discharge of pollutants to
the small MS4. At a minimum, such BMPs must be designed, installed, implemented and maintained to:
(i) Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other
wash waters;
(ii) Minimize the exposure of building materials, building products, construction wastes, trash, landscape
materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials present on
the site to precipitation and to stormwater; and
(iii) Minimize the discharge of pollutants from spills and leaks.
d. As an alternative to (a) through (c) above, all permittees shall ensure that all small and large construction
activities discharging to the small MS4 have developed and implemented a stormwater pollution prevention
plan (SWP3) in accordance with the TPDES CGP TXR150000. In arid, semiarid, and drought-stricken
areas, as determined by the permittee, where initiating vegetative stabilization measures immediately is
infeasible, alternative stabilization measures must be employed as specified by the permittee. As an
alternative, vegetative stabilization measures may be implemented as soon as practicable.
(3) Prohibited Discharges - The following discharges are prohibited:
a. Wastewater from washout of concrete and wastewater from water well drilling operations, unless managed
by an appropriate control;
b. Wastewater from washout and cleanout of stucco, paint, from release oils, and other construction
materials;
c. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance;
d. Soaps or solvents used in vehicle and equipment washing; and
e. Discharges from dewatering activities, including discharges from dewatering of trenches and excavations,
unless managed by appropriate BMPs.
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(4) Construction Plan Review Procedures
To the extent allowable by state, federal, and local law, all permittees shall maintain and implement site plan
review procedures, that describe which plans will be reviewed as well as when an operator may begin
construction. For those permittees without legal authority to enforce site plan reviews, this requirement is limited
to those sites operated by the permittee and its contractors and located within the permittee’s regulated area.
The site plan procedures must meet the following minimum requirements:
a. The site plan review procedures must incorporate consideration of potential water quality impacts.
b. The permittee may not approve any plans unless the plans contain appropriate site specific construction
site control measures that, at a minimum, meet the requirements described in Part III.B.3.(a) or in the
TPDES CGP, TXR150000.
The permittee may require and accept a plan, such as a SWP3, that has been developed pursuant to the CGP,
TXR150000.
(5) Construction Site Inspections and Enforcement
To the extent allowable by state, federal, and local law, all permittees shall implement procedures for inspecting
large and small construction projects. Permittees without legal authority to inspect construction sites shall at a
minimum conduct inspections of sites operated by the permittee or its contractors and that are located in the
permittee’s regulated area.
a. Inspections must occur at a frequency determined by the permittee, based on the evaluation of factors that
are a threat to water quality, such as: soil erosion potential; site slope; project size and type; sensitivity of
receiving waterbodies; proximity to receiving waterbodies; non-stormwater discharges; and past record of
non-compliance by the operators of the construction site.
b. Inspections must occur during the active construction phase.
(i) All permittees shall develop, implement, and revise as necessary, written procedures outlining the
inspection and enforcement requirements. These procedures must be maintained on site or in the
SWMP and be made available to TCEQ.
(ii) Inspections of construction sites must, at a minimum:
1. Determine whether the site has appropriate coverage under the TPDES CGP, TXR150000. If no
coverage exists, notify the permittee of the need for permit coverage.
2. Conduct a site inspection to determine if control measures have been selected, installed,
implemented, and maintained according to the small MS4’s requirements.
3. Assess compliance with the permittee’s ordinances and other regulations.
4. Provide a written or electronic inspection report.
c. Based on site inspection findings, all permittees shall take all necessary follow-up actions (for example,
follow-up-inspections or enforcement) to ensure compliance with permit requirements and the SWMP.
These follow-up and enforcement actions must be tracked and maintained for review by the TCEQ.
For non-traditional small MS4s with no enforcement powers, the permittee shall notify the adjacent MS4 operator
with enforcement authority or the TCEQ’s Field Operations Support Division according to Part III.A.3(b).
(6) Information submitted by the Public
All permittees shall develop, implement, and maintain procedures for receipt and consideration of information
submitted by the public.
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(7) MS4 Staff Training
All permittees shall ensure that all staff whose primary job duties are related to implementing the construction
stormwater program (including permitting, plan review, construction site inspections, and enforcement) are
informed or trained to conduct these activities. The training may be conducted by the permittee or by outside
trainers.
(c) Additional Requirements for Level 3 and 4 small MS4s
In addition to the requirements described in Parts III.B.3(b)(1)-(7) above, permittees who operate levels 3 and 4
small MS4s shall meet the following requirements:
(1) Construction Site Inventory
Permittees who operate levels 3 and 4 small MS4s shall maintain an inventory of all permitted active public and
private construction sites, that result in a total land disturbance of one or more acres or that result in a total land
disturbance of less than one acre if part of a larger common plan or development or sale. Notification to the
small MS4 should be made by submittal of a copy of an NOI or a small construction site notice. The permittee
shall make this inventory available to the TCEQ upon request.
Program Development
Objective: Town shall develop, implement, and enforce a program to address stormwater runoff from construction
sites one acre or greater to promote stormwater quality and prevent pollutants from entering waterways. Town staff
shall be trained to implement and enforce maintenance of construction stormwater BMPs. Ordinances shall be
created to require erosion and sediment control measures for all new and existing construction with the goal being to
reduce pollutants from construction sites.
Selected BMPs
BMP 3.1 Stormwater Management Ordinance - Erosion and Sediment Control Requirements
Description: Develop Town ordinance requiring the implementation of appropriate erosion and sediment control
BMP's as well as other TCEQ permit requirements.
Measurable Goal: Create Ordinance to give Town of Prosper authority to require implementation of erosion and
sediment control BMP's.
Schedule of Implementation:
a Year 2-3: Draft and Adopt Erosion and Sediment Control Ordinance and get public input.
a Year 3-5: Commence enforcement and track process. Update and modify as needed.
Responsible Department: Public Works Department
BMP 3.2 Requirements for Construction Site Contractors
Description: Update and continue to implement requirements for construction site contractors as it relates to
construction site runoff.
Measurable Goal:
A. Develop construction plan review checklist to use during plan review process. Require consultants to prepare
plans in accordance with stormwater ordinance and developed checklist.
B. Develop procedures to control waste such as discarded building materials, concrete truck washout water,
chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality.
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Schedule of Implementation:
a Year 2:
x Draft and implement construction plan review checklist. Require Consultants to follow checklist
guidelines.
x Develop procedures to control waste from construction site contractors
a Year 3-5: Review and update checklist and procedures, as need. Continue to implement procedures.
Responsible Department: Public Works Department
BMP 3.3 Construction Site Inspections
Description: Develop procedures for construction site inspections and enforcement of erosion and sediment control
requirements for regulated construction activities.
Measurable Goal: Develop and implement inspection and enforcement program.
Schedule of Implementation:
a Year 2: Draft procedures for construction site inspections and enforcement of erosion and sediment control
requirements. Train appropriate staff.
a Year 3-5: Continue to implement procedures for construction site inspections. Review and update procedures,
as necessary.
Responsible Department: Public Works Department
BMP 3.4 Receipt and Consideration of Information from Public
Description: The Town is to develop program to receive and consider information provided by the public in the
development of procedures of construction site stormwater runoff. The Town is to use various medium such as
stormwater hotline, social media, public input meetings, and other to collect information provided by Town residents
and the general public.
Measurable Goal: Development of program to receive input from the public regarding procedures as it relates to
construction site runoff. Review and consider public input, and incorporate into procedures, as appropriate.
Schedule of Implementation:
a Year 2: Develop a program using existing mediums to collect public input as it relates to construction site runoff.
Periodically review and consider information provided by public and modify the program as appropriate.
a Year 3-5: Continue to develop a program as new forms of information collection methods are established, and
additional public input is received.
Responsible Department: Public Works Department
4. POST-CONSTRUCTION STORMWATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT
Regulatory Requirements:
(a) Post-Construction Stormwater Management Program
(1) All permittees shall develop, implement and enforce a program, to the extent allowable under state, federal,
and local law, to control stormwater discharges from new development and redeveloped sites that discharge
into the small MS4 that disturb one acre or more, including projects that disturb less than one acre that are part
of a larger common plan of development or sale. The program must be established for private and public
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development sites. The program may utilize an offsite mitigation and payment in lieu of components to address
this requirement.
Existing permittees shall assess program elements that were described in the previous permit, modify as
necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be
fully implemented by the end of this permit term and newly regulated permittees shall have the program fully
implemented by the end of the permit term.
(2) All permittees shall use, to the extent allowable under state, federal, and local law and local development
standards, an ordinance or other regulatory mechanism to address post-construction runoff from new
development and redevelopment projects. The permittees shall establish, implement, and enforce a
requirement, that owners or operators of new development and redeveloped sites design, install, implement,
and maintain a combination of structural and non-structural BMPs appropriate for the community and that
protects water quality. If the construction of permanent structures is not feasible due to space limitations, health
and safety concerns, cost effectiveness, or highway construction codes, the permittee may propose an
alternative approach to TCEQ. Newly regulated permittees shall have the program element fully implemented
by the end of the permit term.
(b) Requirements for all Permittees
All permittees shall include the requirements described below in Parts III.B.4.(b)(1)-(3)
(1) All permittees shall review and update as necessary, the SWMP and MCM implementation procedures
required by Part III.A.2. Any changes must be included in the annual report. Such written procedures must be
maintained either on site or in the SWMP and made available for inspection by TCEQ.
(2) All permittees shall document and maintain records of enforcement actions and make them available for
review by the TCEQ.
(3) Long-Term Maintenance of Post-Construction Stormwater Control Measures
All permittees shall, to the extent allowable under state, federal, and local law, ensure the long-term operation
and maintenance of structural stormwater control measures installed through one or both of the following
approaches:
a. Maintenance performed by the permittee. See Part III.B.5.
b. Maintenance performed by the owner or operator of a new development or redeveloped site under a
maintenance plan. The maintenance plan must be filed in the real property records of the county in which
the property is located. The permittee shall require the owner or operator of any new development or
redeveloped site to develop and implement a maintenance plan addressing maintenance requirements for
any structural control measures installed on site. The permittee shall require operation and maintenance
performed is documented and retained on site, such as at the offices of the owner or operator, and made
available for review by the small MS4.
(c) Additional Requirements for Level 4 small MS4s
In addition to the requirements described in Parts III.B.5(b)(1)-(3) above, permittees who operate level 4 small
MS4s shall meet the following requirements:
(1) Inspections - Permittees who operate level 4 small MS4s shall develop and implement an inspection
program to ensure that all post construction stormwater control measures are operating correctly and are being
maintained as required consistent with its applicable maintenance plan. For small MS4s with limited
enforcement authority, this requirement applies to the structural controls owned and operated by the small MS4
or its contractors that perform these activities within the small MS4’s regulated area.
a. Inspection Reports - The permittee shall document its inspection findings in an inspection report and make
them available for review by the TCEQ.
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Program Development
Objective: The Town shall develop, implement, and enforce a program to address stormwater runoff from new
development and redeveloped sites to promote stormwater quality and prevent pollutants from entering waterways.
Town staff shall create and implement a program to require structural and non-structural BMPs for new development
and redeveloped sites. Ordinances shall be created and implement to give Town authority to enforce the program.
The goal is to reduce pollutants from new development and redeveloped sites long-term and protects water quality.
Selected BMPs
BMP 4.1 Engineering Design Requirements
Description:Update engineering design manuals to include structural and non-structural BMP's in site development
design for post-construction stormwater management.
Measurable Goal: Creation of post-construction stormwater runoff control guidelines within Engineering Design
Manuals.
Schedule of Implementation:
a Year 2: Create/update engineering design manuals to include design guidelines to address post-construction
stormwater runoff. Implement guidelines with construction plan review process.
a Year 3-5: Continue to implement guidelines. Review and update requirements, as appropriate.
Responsible Department: Engineering Department
BMP 4.2 Stormwater Management Ordinance - Post-Construction Requirements
Description:Develop a Town ordinance requiring permanent post-construction stormwater runoff controls for
regulated new development and redevelopment projects to prevent or minimize water quality impacts. Utilize and
reference existing ordinances that provide some post-construction controls.
Measurable Goal: Create an ordinance to give the Town of Prosper authority to require post-construction
stormwater runoff controls.
Schedule of Implementation:
a Year 2-3: Draft and adopt Post-Construction Requirements Ordinance and get public input.
a Year 4-5: Implement requirements and track process. Update and modify, as needed.
Responsible Department: Engineering Department
BMP 4.3 Structural and Non-Structural BMP Maintenance
Description:The Town shall develop public/private partnerships with Homeowner Associations (HOA), developers,
or other private entity to provide long-term maintenance of post-construction BMP's as it relates to development and
water quality. The Town to develop Post-Construction BMP Operation and Maintenance documents for distribution
to developers and HOAs to aid in long-term maintenance.
Measurable Goal: Development of a program to create public/private partnerships for maintenance of post-
construction BMPs. Creation of O&M documents to distribute to developers and HOAs.
Schedule of Implementation:
a Year 2: Develop program. Seek input from public and local developers. Create documents for distribution.
a Year 3-5: Continue to develop public/private partnerships for maintenance of post-construction BMPs. Review
and modify program, as appropriate.
Responsible Department: Engineering / Planning Departments
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5. POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS
Regulatory Requirements:
(a) Program Development
(1) All permittees shall develop and implement an operation and maintenance program, including an employee
training component that has the ultimate goal of preventing or reducing pollutant runoff from municipal activities
and municipally owned areas including but not limited to park and open space maintenance; street, road, or
highway maintenance; fleet and building maintenance; stormwater system maintenance; new construction and
land disturbances; municipal parking lots; vehicle and equipment maintenance and storage yards; waste
transfer stations; and salt/sand storage locations.
Existing permittees shall assess program elements that were described in the previous permit, modify as
necessary, and develop and implement new elements, as necessary, to continue reducing the discharges of
pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term
and newly regulated permittees shall have the program fully implemented by the end of this permit term. (See
also Part III.A.1.(c))
(b) Requirements for all Permittees
All permitees shall include the requirements described below in Parts III.B.5.(1)-(6) in the program:
(1) Permittee-owned Facilities and Control Inventory
All permittees shall develop and maintain an inventory of facilities and stormwater controls that it owns and
operates within the regulated area of the small MS4. If feasible, the inventory may include all applicable permit
numbers, registration numbers, and authorizations for each facility or controls. The inventory must be available
for review by TCEQ and must include, but is not limited, to the following, as applicable:
a. Composting facilities;
b. Equipment storage and maintenance facilities;
c. Fuel storage facilities;
d. Hazardous waste disposal facilities;
e. Hazardous waste handling and transfer facilities;
f. Incinerators;
g. Landfills;
h. Materials storage yards;
i. Pesticide storage facilities;
j. Buildings, including schools, libraries, police stations, fire stations, and office buildings;
k. Parking lots;
l. Golf courses;
m. Swimming pools;
n. Public works yards;
o. Recycling facilities;
p. Salt storage facilities;
q. Solid waste handling and transfer facilities;
r. Street repair and maintenance sites;
s. Vehicle storage and maintenance yards; and
t. Structural stormwater controls.
(2) Training and Education
All permittees shall inform or train appropriate employees involved in implementing pollution prevention and
good housekeeping practices. All permittees shall maintain a training attendance list for inspection by TCEQ
when requested.
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(3) Disposal of Waste Material - Waste materials removed from the small MS4 must be disposed of in
accordance with 30 TAC Chapters 330 or 335, as applicable.
(4) Contractor Requirements and Oversight
a. Any contractors hired by the permittee to perform maintenance activities on permittee-owned facilities
must be contractually required to comply with all of the stormwater control measures, good housekeeping
practices, and facility specific stormwater management operating procedures described in Parts III B.5.(2)-
(6).
b. All permittees shall provide oversight of contractor activities to ensure that contractors are using
appropriate control measures and SOPs. Oversight procedures must be developed before the end of the
permit term and maintained on site and made available for inspection by TCEQ.
(5) Municipal Operation and Maintenance Activities
Assessment of permittee-owned operations
a. All permittees shall evaluate operation and maintenance (O&M) activities for their potential to discharge
pollutants in stormwater, including but not limited to:
(i) Road and parking lot maintenance may include such areas as pothole repair, pavement marking,
sealing, and re-paving;
(ii) Bridge maintenance may include such areas as re-chipping, grinding, and saw cutting;
(iii) Cold weather operations, including plowing, sanding, and application of deicing and anti-icing
compounds and maintenance of snow disposal areas; and
(iv) Right-of-way maintenance, including mowing, herbicide and pesticide application, and planting
vegetation.
b. All permittees shall identify pollutants of concern that could be discharged from the above O&M activities
(for example, metals; chlorides; hydrocarbons such as benzene, toluene, ethyl benzene, and xylenes;
sediment; and trash).
c. All permittees shall develop and implement a set of pollution prevention measures that will reduce the
discharge of pollutants in stormwater from the above activities. These pollution prevention measures may
include the following examples:
(i) Replacing materials and chemicals with more environmentally benign materials or methods;
(ii) Changing operations to minimize the exposure or mobilization of pollutants to prevent them from
entering surface waters; and
(iii) Placing barriers around or conducting runoff away from deicing chemical storage areas to prevent
discharge into surface waters.
d. Inspection of pollution prevention measures - All pollution prevention measures implemented at permittee-
owned facilities must be visually inspected at a frequency determined by the permittee to ensure they are
working properly. A log of inspections must be maintained and made available for review by the TCEQ
upon request.
(6) Structural Control Maintenance
If BMPs include structural controls, maintenance of the controls must be performed at a frequency determined
by the permittee and consistent with maintaining the effectiveness of the BMP.
(c) Additional Requirements for Level 3 and 4 small MS4s:
In addition to the requirements described in Parts.B.5.(b)(1)-(6) above, permittees who operate levels 3 or 4 small
MS4s shall meet the following requirements:
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(1) Storm Sewer System Operation and Maintenance
a. Permittees who operate levels 3 or 4 small MS4s shall develop and implement an O&M program to reduce
to the maximum extent practicable the collection of pollutants in catch basins and other surface drainage
structures.
b. Permittees who operate levels 3 or 4 small MS4s shall develop a list of potential problem areas. The
permittees shall identify and prioritize problem areas for increased inspection (for example, areas with
recurrent illegal dumping).
(2) Operation and Maintenance Program to Reduce Discharges of Pollutants from Roads Permittees who
operate level 3 or 4 small MS4s shall implement an O&M program that includes, if feasible and practicable, a
street sweeping and cleaning program, or an equivalent BMP such as an inlet protection program, which must
include an implementation schedule and a waste disposal procedure. The basis for the decision must be
included in the SWMP. If a street sweeping and cleaning program is implemented, the permittee shall evaluate
the following permittee-owned and operated areas for the program: streets, road segments, and public parking
lots including, but not limited to, high traffic zones, commercial and industrial districts, sport and event venues,
and plazas, as well as areas that consistently accumulate high volumes of trash, debris, and other stormwater
pollutants.
a. Implementation schedules – If a sweeping program is implemented, the permittee shall sweep the areas in
the program (for example, the streets, roads, and public parking lots) in accordance with a frequency and
schedule determined in the permittee’s O&M program.
b. For areas where street sweeping is technically infeasible (for example, streets without curbs), the permittee
shall focus implementation of other trash and litter control procedures, or provide inlet protection measures
to minimize pollutant discharges to storm drains and creeks.
c. Sweeper Waste Material Disposal – If utilizing street sweepers, the permittee shall develop a procedure to
dewater and dispose of street sweeper waste material and shall ensure that water and material will not
reenter the small MS4.
(3) Mapping of Facilities
Permittees who operate levels 3 or 4 small MS4s shall, on a map of the area regulated under this general
permit, identify where the permittee-owned and operated facilities and stormwater controls are located.
(4) Facility Assessment
Permittees who operate levels 3 or 4 small MS4s shall perform the following facility assessment in the
regulated portion of the small MS4 operated by the permittee:
a. Assessment of Facilities’ Pollutant Discharge Potential - The permittee shall review the facilities identified
in Part III.B.5.(b) once per permit term for their potential to discharge pollutants into stormwater.
b. Identification of high priority facilities - Based on the Part III.B.5.(c)(4)a. assessment, the permittee shall
identify as high priority those facilities that have a high potential to generate stormwater pollutants and shall
document this in a list of these facilities. Among the factors that must be considered in giving a facility a
high priority ranking are the amount of urban pollutants stored at the site, the identification of improperly
stored materials, activities that must not be performed outside (for example, changing automotive fluids,
vehicle washing), proximity to waterbodies, proximity to sensitive aquifer recharge features, poor
housekeeping practices, and discharge of pollutant(s) of concern to impaired water(s). High priority
facilities must include, at a minimum, the permittee’s maintenance yards, hazardous waste facilities, fuel
storage locations, and any other facilities at which chemicals or other materials have a high potential to be
discharged in stormwater.
c. Documentation of Assessment Results - The permittee shall document the results of the assessments and
maintain copies of all site evaluation checklists used to conduct the assessments. The documentation must
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include the results of the permittee’s initial assessment, and any identified deficiencies and corrective
actions taken.
(5) Development of Facility Specific SOPs
Permittees who operate levels 3 or 4 small MS4s shall develop facility specific stormwater management SOPs.
The permittee may utilize existing plans or documents that may contain the following required information:
a. For each high priority facility identified in Part III.B.5.(c)(4)b., the permittee shall develop an SOP that
identifies BMPs to be installed, implemented, and maintained to minimize the discharge of pollutants in
stormwater from each facility.
b. A hard or electronic copy of the facility-specific stormwater management SOP (or equivalent existing plan
or document) must be maintained and available for review by the TCEQ. The SOP must be kept on site
when possible and must be updated as necessary.
(6) Stormwater Controls for High Priority Facilities
Permittees who operate levels 3 or 4 small MS4s shall implement the following stormwater controls at all high
priority facilities identified in Part III.B.5.(c)(4)b. A description of BMPs developed to comply with this
requirement must be included in each facility specific SOP:
a. General good housekeeping – Material with a potential to contribute to stormwater pollution should be
sheltered from exposure to stormwater when feasible.
b. De-icing and anti-icing material storage - The permittee shall ensure, to the MEP, that stormwater runoff
from storage piles of salt and other de-icing and anti-icing materials is not discharged; or shall ensure that
any discharges from the piles are authorized under a separate discharge permit.
c. Fueling operations and vehicle maintenance - The permittee shall develop SOPs (or equivalent existing
plans or documents) which address spill prevention and spill control at permittee-owned and operated
vehicle fueling, vehicle maintenance, and bulk fuel delivery facilities.
d. Equipment and vehicle washing - The permittee shall develop SOPs that address equipment and vehicle
washing activities at permittee-owned and operated facilities. The discharge of equipment and vehicle
wash water to the small MS4 or directly to receiving waters from permittee-owned facilities is not
authorized under this general permit. To ensure that wastewater is not discharged under this general
permit, the permittee’s SOP may include installing a vehicle wash reclaim system, capturing and hauling
the wastewater for proper disposal, connecting to sanitary sewer (where applicable and approved by local
authorities), ceasing the washing activity, or applying for and obtaining a separate TPDES permit.
(7) Inspections
Permittees who operate levels 3 or 4 small Ms4s shall develop and implement an inspection program, which at
a minimum must include periodic inspections of high priority permittee-owned facilities. The results of the
inspections and observations must be documented and available for review by the TCEQ.
(d) Additional Requirements for Level 4 small MS4s:
In addition to all the requirements described in Parts III.B.5(b) and III.B.5.(c) above, permittees who operate
level 4 small MS4s shall meet the following requirements:
(1) Pesticide, Herbicide, and Fertilizer Application and Management
a. Landscape maintenance - The permittee shall evaluate the materials used and activities performed on
public spaces owned and operated by the permittee such as parks, schools, golf courses, easements,
public rights-of-way, and other open spaces for pollution prevention opportunities. Maintenance activities
for the turf landscaped portions of these areas may include mowing, fertilization, pesticide application, and
irrigation. Typical pollutants include sediment, nutrients, hydrocarbons, pesticides, herbicides, and organic
debris.
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b. The permittee shall implement the following practices to minimize landscaping-related pollutant generation
with regard to public spaces owned and operated by the permittee:
(i) Educational activities, permits, certifications, and other measures for the permittee’s applicators and
distributors.
(ii) Pest management measures that encourage non-chemical solutions where feasible. Examples may
include:
a) Use of native plants or xeriscaping;
b) Keeping clippings and leaves out the small MS4 and the street by encouraging mulching,
composting, or landfilling;
c) Limiting application of pesticides and fertilizers if precipitation is forecasted within 24 hours, or as
specified in label instructions; and
d) Reducing mowing of grass to allow for greater pollutant removal, but not jeopardizing motorist
safety.
c. The permittee shall develop schedules for chemical application in public spaces owned and operated by
the permittee that minimize the discharge of pollutants from the application due to irrigation and expected
precipitation.
d. The permittee shall ensure collection and proper disposal of the permittee’s unused pesticides, herbicides,
and fertilizers.
Program Development
Objective: Develop operation and maintenance program and "good housekeeping" procedures for range of
municipal activities in order to reduce or prevent pollutants into our waterways.
Selected BMPs
BMP 5.1 Municipal Best Management Practices
Description: Develop methods and procedures that will include good housekeeping measures and structural/non-
structural BMPs to prevent and reduce stormwater pollution from municipal operations. Procedures to focus on, but
not be limited to Town facilities and those staff that routinely maintain those facilities. Town facilities and operations
include:
x Park and Athletic Field Maintenance
x Street Maintenance
x Storm Sewer Maintenance
x Material Storage
x New Construction
x Vehicle Maintenance
Measurable Goal: Develop procedures for Town staff to implement in routine maintenance of municipal operations.
Schedule of Implementation:
a Year 2-3: Draft procedures to include good housekeeping measures and BMPs to help prevent and reduce
stormwater pollution from municipal operations. Begin implementation of procedures.
a Year 4-5: Continue to implement. Review and modify procedures, as appropriate.
Responsible Department: Parks and Recreation / Public Works / Engineering Department
BMP 5.2 Town Staff Training Program
Description: Develop an annual training program to inform and train Town staff about methods to prevent and
reduce stormwater pollution from municipal operations. Training to include procedures developed from BMP 6.1
which consists of good housekeeping measures and BMPs that will assist in the reduction of stormwater pollutant
runoff.
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Measurable Goal: Develop training program and train all employees, who are directly involved in the maintenance
of municipal operations.
Schedule of Implementation:
a Year 2-3: Develop training program and provide annual training to directors, managers, and supervisors directly
related to the maintenance of municipal operations.
a Year 4-5: Continue to train directors, managers, and supervisors. Adjust program to include all employees
related to maintenance of municipal operations. Review and modify training program, as appropriate.
Responsible Department: Engineering Department
BMP 5.3 Audit Municipal Facilities and Equipment for Environmental Management
Description: Municipal facilities can have an impact on stormwater quality. A list of municipal activities with a
potential to affect stormwater quality will be created, as well as a list of staff with responsibilities related to those
activities. Activities that have a positive effect on stormwater quality will be encouraged, and activities with an
adverse effect will be evaluated and modified to ensure all preventative measures are being followed to prevent
stormwater pollution.
Measurable Goal: A thorough assessment of current activities will be conducted in order to identify positive and
negative water quality activities. The results of the audit will be used in developing the procedures in BMP 6.1 and
included in the training for BMP 6.2.
Schedule of Implementation:
a Year 2: Conduct audit of current municipal activities and operations. Group into positive and negative
impacting categories. Determine if further preventative measures need to be taken in order to prevent
pollutants from entering local waterways.
a Year 3-5: Conduct yearly audits on existing and newly formed activities, and make adjustments, as appropriate.
Responsible Department: Engineering Department
BMP 5.4 Maintenance Contractor Requirements and Oversight
Description: Contractors hired by the Town to perform maintenance activities on Town-owned facilities will be
contractually required to comply with all of the stormwater control measures, good housekeeping practices, and
facility-specific stormwater management operating procedures implemented by the Town. The Town will provide
adequate oversight of contractor activities to ensure that contractors are using appropriate control measures and
standard operating procedures. Oversight procedures will be developed.
Measurable Goal: Complete development of new standard contract language that includes appropriate reference
to standard operating procedures and stormwater plans. Include standard contract language and SOPs in all new
contracts.
Schedule of Implementation:
a Year 2-3: Development new standard contract language.
a Year 4-5: Contractually require service providers to comply with all control measures and operational
procedures. Provide adequate oversight of contractor activities
Responsible Department: Engineering / Public Works
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6. INDUSTRIAL STORMWATER SOURCES
Regulatory Requirements:
(a) Permittees operating a level 4 small MS4 shall include the requirements described below in Part III.
B.6.(1) – this requirement is only applicable to level 4 MS4s
(1) Permittees who operate level 4 small MS4s shall identify and control pollutants in stormwater discharges to
the small MS4 from permittee’s landfills; other treatment, storage, or disposal facilities for municipal waste (for
example, transfer stations and incinerators); hazardous waste treatment, storage, disposal and recovery
facilities and facilities that are subject to Emergency Planning and Community Right-to-Know Act (EPCRA) Title
III, Section 313; and any other industrial or commercial discharge the permittee determines are contributing a
substantial pollutant loading to the small MS4. The program must include priorities and procedures for
inspections and for implementing control measures for such discharges.
Selected BMPs
MCM requirement is for level 4 small MS4s, and the Town of Prosper is currently a level 1. The Town has elected
not to address BMPs for this MCM at this time.
E. RECORDKEEPING AND REPORTING
1. RECORDKEEPING - In accordance with the TPDES General Permit, the Town of Prosper shall retain all
records, a copy of the TPDES general permit, and records of all data used to complete the application (NOI)
for the general permit and satisfy the public participation requirements, for the remainder of the term of this
general permit. The SWMP and a copy of the NOI shall be maintained at the Engineering Department:
Engineering Department
407 E. First Street
Prosper, Texas 75078
Copies of the SWMP are available to the public by request in writing to the Town Secretary, and shall be made
available within 10 business days. Records shall be submitted to the TCEQ executive director upon request.
Other records shall be provided in accordance with the Texas Public Information Act.
2. REPORTING
a.General Reporting - According to 30 TAC ' 305.125(9), any noncompliance which may endanger
human health or safety, or the environment, shall be reported to TCEQ. Such information shall be
reported orally or by electronic facsimile transmission within 24 hours of becoming aware of the
noncompliance. A written report shall be provided by the permittee to the TCEQ regional office and to
the TCEQ Enforcement Division within five working days of becoming aware of the noncompliance.
The noncompliance notification report shall contain the requirements listed in the TPDES Phase II MS4
general permit rules. The written report shall include:
x A description of the noncompliance and its cause;
x The potential danger to human or safety, or the environment;
x The period of noncompliance, including exact dates and times;
x If the noncompliance has not been corrected, the anticipated time it is expected to continue; and
x Steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance, and
to mitigate its adverse effects
b.Annual Report - The Town shall submit concise annual reports to the executive director of the TCEQ
at the end of each permit year. Copies of the annual report shall be made available for review upon
request. The annual report will address the requirements listed in the TPDES Phase II MS4 general
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permit rules and shall include a summary of results, assessment of BMP's and proposed changes to the
SWMP. Changes and/or modifications to the SWMP may include replacement of previously selected
BMPs, alteration of the implementation schedule, or other changes.
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APPENDIX A TPDES GENERAL PERMIT TXR040000
Item 10
TPDES GENERAL PERMIT
No. TXR040000
This is a new general permit issued
pursuant to Section 26.040 of the Texas
Water Code and Section 402 of the Clean
Water Act.
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, TX 78711-3087
GENERAL PERMIT TO DISCHARGE UNDER THE
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM
under provisions of
Section 402 of the Clean Water Act
and Chapter 26 of the Texas Water Code
Small Municipal Separate Storm Sewer Systems
located in the state of Texas
may discharge directly to surface water in the state
only according to monitoring requirements and other conditions set forth in this general permit, as well as
the rules of the Texas Commission on Environmental Quality (TCEQ or Commission), the laws of the
State of Texas, and other orders of the Commission of the TCEQ. The issuance of this general permit
does not grant to the permittee the right to use private or public property for conveyance of storm water
and certain non-storm water discharges along the discharge route. This includes property belonging to
but not limited to any individual, partnership, corporation or other entity. Neither does this general permit
authorize any invasion of personal rights nor any violation of federal, state, or local laws or regulations.
It is the responsibility of the permittee to acquire property rights as may be necessary to use the discharge
route.
This general permit and the authorization contained herein shall expire at midnight five years after the
date of issuance.
ISSUED AND EFFECTIVE DATE:
________________________________
For the Commission
Item 10
TPDES General Permit No. TXR040000
Page 2
TCEQ GENERAL PERMIT NUMBER TXR040000
RELATING TO STORM WATER DISCHARGES ASSOCIATED WITH
SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS
Table of Contents
Part I. Definitions and Terminology .............................................................................................. Page 3
A. Definitions ................................................................................................................. Page 3
B. Commonly Used Acronyms ....................................................................................... Page 8
Part II. Permit Applicability and Coverage ................................................................................... Page 9
A. Small MS4s Eligible for Authorization by General Permit ....................................... Page 9
B. Allowable Non-Storm Water Discharges .................................................................. Page 9
C. Limitations on Permit Coverage .............................................................................. Page 11
D. Obtaining Authorization .......................................................................................... Page 13
E. Permitting Options ................................................................................................... Page 19
F. Waivers .................................................................................................................... Page 20
Part III. Storm Water Management Program (SWMP) ............................................................. Page 21
A. Minimum Control Measures .................................................................................... Page 22
B. General Requirements .............................................................................................. Page 28
Part IV. Recordkeeping and Reporting ........................................................................................ Page 28
A. Recordkeeping ......................................................................................................... Page 28
B. Reporting ................................................................................................................. Page 29
Part V. Standard Permit Conditions ............................................................................................. Page 31
Part VI. Authorization for Municipal Construction Activities ................................................... Page 32
A. Eligible Construction Sites ...................................................................................... Page 32
B. Discharges Eligible for Authorization ..................................................................... Page 32
C. Limitations on Permit Coverage .............................................................................. Page 34
D. Numeric Effluent Limitations .................................................................................. Page 34
E. Storm Water Pollution Prevention Plan (SWP3) ..................................................... Page 34
F. Effective Date of Coverage ...................................................................................... Page 35
G. Deadlines for SWP3 Preparation and Compliance .................................................. Page 35
H. Plan Review and Making Plans Available ............................................................... Page 35
I. Keeping Plans Current ............................................................................................. Page 35
J. Contents of SWP3 .................................................................................................... Page 35
K. Additional Retention of Records ............................................................................. Page 41
Attachment 1 Construction Site Notice .......................................................................................... Page 42
Attachment 2 Discharge Monitoring Report for Concrete Batch Plants ........................................ Page 43
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Part I. Definitions and Terminology
A. Definitions
Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices, maintenance
procedures, structural controls, local ordinances, and other management practices to prevent or reduce the
discharge of pollutants. BMPs also include treatment requirements, operating procedures, and practices
to control runoff, spills or leaks, waste disposal, or drainage from raw material storage areas.
Classified Segment - refers to a water body that is listed and described in Appendix A or Appendix C of
the Texas Surface Water Quality Standards, at 30 TAC ' 307.10.
Clean Water Act (CWA) - The Federal Water Pollution Control Act or Federal Water Pollution Control
Act Amendments of 1972, Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483
and Pub. L. 97-117, 33 U.S.C. 1251 et.seq.
Common Plan of Development or Sale - A construction activity that is completed in separate stages,
separate phases, or in combination with other construction activities. A common plan of development or
sale is identified by the documentation for the construction project that identifies the scope of the project,
and may include plats, blueprints, marketing plans, contracts, building permits, a public notice or hearing,
zoning requests, or other similar documentation and activities.
Construction Site Operator - The person or persons associated with a small or large construction project
that meets either of the following two criteria:
(a) the person or persons that have operational control over construction plans and
specifications (including approval of revisions) to the extent necessary to meet the
requirements and conditions of this general permit; or
(b) the person or persons that have day-to-day operational control of those activities at a
construction site that are necessary to ensure compliance with a storm water pollution
prevention plan for the site or other permit conditions (e.g. they are authorized to direct
workers at a site to carry out activities required by the Storm Water Pollution Prevention
Plan or comply with other permit conditions).
Conveyance - Curbs, gutters, man-made channels and ditches, drains, pipes, and other constructed
features designed or used for flood control or to otherwise transport storm water runoff.
Daily Maximum - For the purposes of compliance with the numeric effluent limitations contained in this
permit, this is the maximum concentration measured on a single day, by grab sample, within a period of
one calendar year.
Discharge - When used without a qualifier, refers to the discharge of storm water runoff or certain non-
storm water discharges as allowed under the authorization of this general permit.
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Final Stabilization - A construction site where either of the following conditions are met:
(a) All soil disturbing activities at the site have been completed and a uniform (e.g, evenly
distributed, without large bare areas) perennial vegetative cover with a density of 70% of
the native background vegetative cover for the area has been established on all unpaved
areas and areas not covered by permanent structures, or equivalent permanent
stabilization measures (such as the use of riprap, gabions, or geotextiles) have been
employed.
(b) For individual lots in a residential construction site by either:
(1) the homebuilder completing final stabilization as specified in condition (a)
above; or
(2) the homebuilder establishing temporary stabilization for an individual lot prior to
the time of transfer of the ownership of the home to the buyer and after informing
the homeowner of the need for, and benefits of, final stabilization.
(c) For construction activities on land used for agricultural purposes (e.g. pipelines across
crop or range land), final stabilization may be accomplished by returning the disturbed
land to its preconstruction agricultural use. Areas disturbed that were not previously used
for agricultural activities, such as buffer strips immediately adjacent to a surface water
and areas which are not being returned to their preconstruction agricultural use must meet
the final stabilization conditions of condition (a) above.
Ground Water Infiltration - For the purposes of this permit, groundwater that enters a municipal
separate storm sewer system (including sewer service connections and foundation drains) through such
means as defective pipes, pipe joints, connections, or manholes.
Illicit Connection - Any man-made conveyance connecting an illicit discharge directly to a municipal
separate storm sewer.
Illicit Discharge - Any discharge to a municipal separate storm sewer that is not entirely composed of
storm water, except discharges pursuant to this general permit or a separate authorization and discharges
resulting from emergency fire fighting activities.
Indian Country - Defined in 18 USC Section (') 1151, means (a) all land within the limits of any Indian
reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any
patent, and including rights-of-way running through the reservation; (b) all dependent Indian communities
within the borders of the United States whether within the original or subsequently acquired territory
thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles
to which have not been extinguished, including rights-of-way running through the same. This definition
includes all land held in trust for an Indian tribe.
Industrial Activities - manufacturing, processing, material storage, and waste material disposal areas
(and similar areas where storm water can contact industrial pollutants related to the industrial activity) at
an industrial facility described by the TPDES Multi Sector General Permit, TXR050000, or by another
TCEQ or TPDES permit.
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Large Construction Activity - Construction activities including clearing, grading, and excavating that
result in land disturbance of equal to or greater than five (5) acres of land. Large construction activity
also includes the disturbance of less than five (5) acres of total land area that is part of a larger common
plan of development or sale if the larger common plan will ultimately disturb equal to or greater than five
(5) acres of land. Large construction activity does not include routine maintenance that is performed to
maintain the original line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other
similar storm water conveyance. Large construction activity does not include the routine grading of
existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and
similar maintenance activities.
Maximum Extent Practicable (MEP) - The technology-based discharge standard for municipal separate
storm sewer systems to reduce pollutants in storm water discharges that was established by CWA '
402(p). A discussion of MEP as it applies to small MS4s is found at 40 CFR ' 122.34.
MS4 Operator – For the purpose of this permit, the public entity, and/ or the entity contracted by the
public entity, responsible for management and operation of the small municipal separate storm sewer
system that is subject to the terms of this general permit.
Notice of Change (NOC) - Written notification from the permittee to the executive director providing
changes to information that was previously provided to the agency in a notice of intent.
Notice of Intent (NOI) - A written submission to the executive director from an applicant requesting
coverage under this general permit.
Notice of Termination (NOT) - A written submission to the executive director from a permittee
authorized under a general permit requesting termination of coverage under this general permit.
Outfall - For the purpose of this permit, a point source at the point where a municipal separate storm
sewer discharges to waters of the United States (U.S.) and does not include open conveyances connecting
two municipal separate storm sewers, or pipes, tunnels, or other conveyances that connect segments of the
same stream or other waters of the U.S. and are used to convey waters of the U.S.
Permittee - The MS4 operator authorized under this general permit.
Permitting Authority - For the purposes of this general permit, the TCEQ.
Point Source - (from 40 CFR ' 122.22) any discernible, confined, and discrete conveyance, including
but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft
from which pollutants are or may be discharged. This term does not include return flows from irrigated
agriculture or agricultural storm water runoff.
Pollutant(s) of Concern - Include biochemical oxygen demand (BOD), sediment or a parameter that
addresses sediment (such as total suspended solids, turbidity or siltation), pathogens, oil and grease, and
any pollutant that has been identified as a cause of impairment of any water body that will receive a
discharge from an MS4. (Definition from 40 CFR ' 122.32(e)(3)).
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Redevelopment - Alterations of a property that changed the Afootprint@ of a site or building in such a
way that there is a disturbance of equal to or greater than one (1) acre of land. This term does not include
such activities as exterior remodeling.
Small Construction Activity - Construction activities including clearing, grading, and excavating that
result in land disturbance of equal to or greater than one (1) acre and less than five (5) acres of land.
Small construction activity also includes the disturbance of less than one (1) acre of total land area that is
part of a larger common plan of development or sale if the larger common plan will ultimately disturb
equal to or greater than one (1) and less than five (5) acres of land. Small construction activity does not
include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity,
and original purpose of a ditch, channel, or other similar storm water conveyance. Small construction
activity does not include the routine grading of existing dirt roads, asphalt overlays of existing roads, the
routine clearing of existing right-of-ways, and similar maintenance activities.
Small Municipal Separate Storm Sewer System (MS4) – refers to a conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains): (i) Owned or operated by the United States, a state, city,
town, borough, county, district, association, or other public body (created by or pursuant to State law)
having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including
special districts under State law such as a sewer district, flood control district or drainage district, or
similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved
management agency under ' 208 of the CWA; (ii) Designed or used for collecting or conveying storm
water; (iii) Which is not a combined sewer; (iv) Which is not part of a publicly owned treatment works
(POTW) as defined at 40 CFR ' 122.2; and (v) Which was not previously authorized under a NPDES or
TPDES individual permit as a medium or large municipal separate storm sewer system, as defined at 40
CFR §§122.26(b)(4) and (b)(7). This term includes systems similar to separate storm sewer systems at
military bases, large hospital or prison complexes, and highways and other thoroughfares. This term does
not include separate storm sewers in very discrete areas, such as individual buildings. For the purpose of
this permit, a very discrete system also includes storm drains associated with certain municipal offices
and education facilities serving a nonresidential population, where those storm drains do not function as a
system, and where the buildings are not physically interconnected to an MS4 that is also operated by that
public entity.
Storm Water and Storm Water Runoff - Rainfall runoff, snow melt runoff, and surface runoff and
drainage.
Storm Water Associated with Construction Activity - Storm water runoff from an area where there is
either a large construction activity or a small construction activity.
Storm Water Management Program (SWMP) - A comprehensive program to manage the quality of
discharges from the municipal separate storm sewer system.
Structural Control (or Practice) - A pollution prevention practice that requires the construction of a
device, or the use of a device, to capture or prevent pollution in storm water runoff. Structural controls
and practices may include but are not limited to: wet ponds, bioretention, infiltration basins, storm water
wetlands, silt fences, earthen dikes, drainage swales, vegetative lined ditches, vegetative filter strips,
sediment traps, check dams, subsurface drains, storm drain inlet protection, rock outlet protection,
reinforced soil retaining systems,
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gabions, and temporary or permanent sediment basins.
Surface Water in the State - Lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks,
estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state
(from the mean high water mark (MHWM) out 10.36 miles into the Gulf), and all other bodies of surface
water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the
beds and banks of all water-courses and bodies of surface water, that are wholly or partially inside or
bordering the state or subject to the jurisdiction of the state; except that waters in treatment systems which
are authorized by state or federal law, regulation, or permit, and which are created for the purpose of
waste treatment are not considered to be water in the state.
Total Maximum Daily Load (TMDL) - The total amount of a substance that a water body can assimilate
and still meet the Texas Surface Water Quality Standards.
Urbanized Area (UA) - An area of high population density that may include multiple MS4s as defined
and used by the U.S. Census Bureau in the 2000 decennial census.
Waters of the United States - (from 40 CFR ' 122.2) Waters of the United States or waters of the U.S.
means:
(a) all waters which are currently used, were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow
of the tide;
(b) all interstate waters, including interstate wetlands;
(c) all other waters such as intrastate lakes, rivers, streams (including intermittent streams),
mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or
natural ponds that the use, degradation, or destruction of which would affect or could
affect interstate or foreign commerce including any such waters:
(1) which are or could be used by interstate or foreign travelers for recreational or
other purposes;
(2) from which fish or shellfish are or could be taken and sold in interstate or foreign
commerce; or
(3) which are used or could be used for industrial purposes by industries in interstate
commerce;
(d) all impoundments of waters otherwise defined as waters of the United States under this
definition;
(e) tributaries of waters identified in paragraphs (a) through (d) of this definition;
(f) the territorial sea; and
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(g) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in
paragraphs (a) through (f) of this definition.
Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of
CWA (other than cooling ponds as defined in 40 CFR ' 423.11(m) which also meet the criteria of this
definition) are not waters of the United States. This exclusion applies only to manmade bodies of water
which neither were originally created in waters of the United States (such as disposal area in wetlands)
nor resulted from the impoundment of waters of the United States. Waters of the United States do not
include prior converted cropland. Notwithstanding the determination of an area=s status as prior
converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final
authority regarding Clean Water Act jurisdiction remains with EPA.
B. Commonly Used Acronyms
BMP Best Management Practice
CFR Code of Federal Regulations
CGP Construction General Permit, TXR150000
CWA Clean Water Act
DMR Discharge Monitoring Report
EPA Environmental Protection Agency
FR Federal Register
IP Implementation Procedures
MCM Minimum Control Measure
MSGP Multi-Sector General Permit, TXR050000
MS4 Municipal Separate Storm Sewer System
NOC Notice of Change
NOD Notice of Deficiency
NOI Notice of Intent
NOT Notice of Termination (to terminate coverage under a general permit)
NPDES National Pollutant Discharge Elimination System
SWMP Storm Water Management Program
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SWP3, Storm Water Pollution Prevention Plan
SWPPP
TAC Texas Administrative Code
TCEQ Texas Commission on Environmental Quality
TPDES Texas Pollutant Discharge Elimination System
TWC Texas Water Code
Part II. Permit Applicability and Coverage
This general permit provides authorization for storm water and certain non-storm water discharges from
small municipal separate storm sewer systems (MS4) to surface water in the state. The general permit
contains requirements applicable to all small MS4s that are eligible for coverage under this general
permit.
A. Small MS4s Eligible for Authorization by General Permit
1. Small MS4s Located in an Urbanized Area
A small MS4 that is fully or partially located within an urbanized area, as determined by
the 2000 Decennial Census by the U.S. Bureau of Census, must obtain authorization for
the discharge of storm water runoff and is eligible for coverage under this general permit.
2. Designated Small MS4s
A small MS4 that is outside an urbanized area that is Adesignated@ by TCEQ based on
evaluation criteria as required by 40 CFR ' 122.32(a)(2) or 40 CFR ' 122.26(a)(1)(v)
and adopted by reference in Title 30, Texas Administrative Code (TAC), ' 281.25, is
eligible for coverage under this general permit. Following designation, operators of small
MS4s must obtain authorization under this general permit or apply for coverage under an
individual TPDES storm water permit within 180 days of notification of their
designation.
The portion of the small MS4 that is required to meet the conditions of this general permit are
those portions that are located within the urbanized area, as well as any portion of the small MS4
that is designated.
B. Allowable Non-Storm Water Discharges
The following non-storm water sources may be discharged from the small MS4 and are not
required to be addressed in the small MS4's Illicit Discharge and Detection or other minimum
control measures, unless they are determined by the permittee or the TCEQ to be significant
contributors of pollutants to the small MS4:
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1. water line flushing (excluding discharges of hyperchlorinated water, unless the water is
first dechlorinated and discharges are not expected to adversely affect aquatic life);
2. runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation
utilizing potable water, groundwater, or surface water sources;
3. discharges from potable water sources;
4. diverted stream flows;
5. rising ground waters and springs;
6. uncontaminated ground water infiltration;
7. uncontaminated pumped ground water;
8. foundation and footing drains;
9. air conditioning condensation;
10. water from crawl space pumps;
11. individual residential vehicle washing;
12. flows from wetlands and riparian habitats;
13. dechlorinated swimming pool discharges;
14. street wash water;
15. discharges or flows from fire fighting activities (fire fighting activities do not include
washing of trucks, run-off water from training activities, test water from fire suppression
systems, and similar activities);
16. other allowable non-storm water discharges listed in 40 CFR ' 122.26(d)(2)(iv)(B)(1);
17. non-storm water discharges that are specifically listed in the TPDES Multi Sector
General Permit (MSGP) or the TPDES Construction General permit (CGP); and
18. other similar occasional incidental non-storm water discharges, unless the TCEQ
develops permits or regulations addressing these discharges.
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C. Limitations on Permit Coverage
1. Discharges Authorized by Another TPDES Permit
Discharges authorized by an individual or other general TPDES permit may be
authorized under this TPDES general permit only if the following conditions are met:
(a) the discharges meet the applicability and eligibility requirements for coverage
under this general permit;
(b) a previous application or permit for the discharges has not been denied,
terminated, or revoked by the executive director as a result of enforcement or
water quality related concerns. The executive director may provide a waiver to
this provision based on new circumstances at the regulated small MS4; and
(c) the executive director has not determined that continued coverage under an
individual permit is required based on consideration of an approved total
maximum daily loading (TMDL) model and implementation plan, anti-
backsliding policy, history of substantive non-compliance or other 30 TAC
Chapter 205 considerations and requirements, or other site-specific
considerations.
2. Discharges of Storm Water Mixed with Non-Storm Water
Storm water discharges that combine with sources of non-storm water are not eligible for
coverage by this general permit, unless either the non-storm water source is described in
Part II.B or Part VI.B. of this general permit or the non-storm water source is authorized
under a separate TPDES permit.
3. Compliance with Water Quality Standards
Discharges to surface water in the state that would cause or contribute to a violation of
water quality standards or that would fail to protect and maintain existing designated uses
are not eligible for coverage under this general permit. The executive director may
require an application for an individual permit or alternative general permit to authorize
discharges to surface water in the state if the executive director determines that an
activity will cause a violation of water quality standards or is found to cause or contribute
to the impairment of a designated use of surface water in the state. The executive
director may also require an application for an individual permit considering factors
described in Part II.E.2.
4. Discharges to Water Quality-Impaired Receiving Waters
New sources or new discharges of the constituent(s) of concern to impaired waters are
not authorized by this permit unless otherwise allowable under 30 TAC Chapter 305 and
applicable state law. Impaired waters are those that do not meet applicable water quality
standard(s) and are listed on the Clean Water Act ' 303(d) list. Constituents of concern
are those for which
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the water body is listed as impaired.
Discharges of the constituent(s) of concern to impaired water bodies for which there is a
TMDL implementation plan are not eligible for this general permit unless they are
consistent with the approved TMDL and the implementation plan. Permitted MS4
operators must incorporate the limitations, conditions and requirements applicable to
their discharges, including monitoring frequency and reporting required by TCEQ rules,
into their SWMP in order to be eligible for permit coverage. For discharges not eligible
for coverage under this general permit, the discharger must apply for and receive an
individual TPDES permit prior to discharging.
5. Discharges to the Edwards Aquifer Recharge Zone
Discharges of storm water from regulated small MS4s, and other non-storm water
discharges, can not be authorized by this general permit where those discharges are
prohibited by 30 TAC Chapter 213 (relating to Edwards Aquifer). New discharges
located within the Edwards Aquifer Recharge Zone, or within that area upstream from the
recharge zone and defined as the Contributing Zone, must meet all applicable
requirements of, and operate according to, 30 TAC Chapter 213 (Edwards Aquifer Rule)
in addition to the provisions and requirements of this general permit.
For existing discharges, the requirements of the agency-approved Water Pollution
Abatement Plan under the Edwards Aquifer Rules are in addition to the requirements of
this general permit. BMPs and maintenance schedules for structural storm water
controls, for example, may be required as a provision of the rule. All applicable
requirements of the Edwards Aquifer Rule for reductions of suspended solids in storm
water runoff are in addition to the effluent limitation requirements found in Part VI.D. of
this general permit. A copy of the agency-approved Water Pollution Abatement Plans
that are required by the Edwards Aquifer Rule must either be attached as a part of the
SWMP or referenced in the SWMP. For discharges located on or within ten stream miles
upstream of the Edwards Aquifer recharge zone, applicants must also submit a copy of
the NOI to the appropriate TCEQ regional office.
Counties: Contact:
Comal, Bexar, Medina, Uvalde, TCEQ
and Kinney Water Program Manager
San Antonio Regional Office
14250 Judson Road
San Antonio, Texas 78233-4480
(210) 490-3096
Williamson, Travis, and Hays TCEQ
Water Program Manager
Austin Regional Office
1921 Cedar Bend Drive, Suite 150
Austin, Texas 78758-5336
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(512) 339-2929
6. Discharges to Specific Watersheds and Water Quality Areas
Discharges of storm water from regulated small MS4s and other non-storm water
discharges can not be authorized by this general permit where prohibited by 30 TAC
Chapter 311 (relating to Watershed Protection) for water quality areas and watersheds.
7. Protection of Streams and Watersheds by Home Rule Municipalities
This general permit does not limit the authority of a home-rule municipality provided by
' 401.002 of the Texas Local Government Code.
8. Indian Country Lands
Storm water runoff from MS4s or construction activities occurring on Indian Country
lands are not under the authority of the TCEQ and are not eligible for coverage under this
general permit. If discharges of storm water require authorization under federal NPDES
regulations, authority for these discharges must be obtained from the U.S. Environmental
Protection Agency (EPA).
9. Other
Nothing in Part II of the general permit is intended to negate any person’s ability to assert
the force majeure (act of God, war, strike, riot, or other catastrophe) defenses found in 30
TAC ' 70.7.
This permit does not transfer liability for the act of discharging without, or in violation
of, a NPDES or a TPDES permit from the operator of the discharge to the permittee(s).
D. Obtaining Authorization
1. Application for Coverage
When submitting an NOI and Storm Water Management Program (SWMP) as described
in Parts II.D.3., II.D.4, and Part III for coverage under this general permit, the applicant
must follow the public notice and availability requirements found in Part II.D.12. of this
section.
Applicants seeking authorization to discharge under this general permit must submit a
completed NOI, on a form approved by the executive director, and a SWMP as described
in Part III. The NOI and SWMP must be submitted to the TCEQ Water Quality Division,
at the address specified on the form. Discharge authorization begins when the applicant
is notified by TCEQ that the NOI and SWMP have been administratively and technically
reviewed and the applicant has followed the public participation provisions in Part
II.D.12. Following review of the NOI and SWMP, the executive director may determine
that: 1) the submission is complete and confirm coverage by providing a notification and
an authorization
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number, 2) the NOI and/or SWMP are incomplete and deny coverage until a complete
NOI and/or SWMP are submitted, 3) approve the NOI and/or SWMP with revisions and
provide a written description of the required revisions along with any compliance
schedule(s), or 4) deny coverage and provide a deadline by which the MS4 operator must
submit an application for an individual permit. Denial of coverage under this general
permit is subject to the requirements of 30 TAC ' 205.4(c). Application deadlines are as
follows:
(a) Small MS4s Located in an Urbanized Area
Operators of small MS4s described in Part II.A.1 must submit an NOI and
SWMP within 180 days following the effective date of this general permit.
(b) Designated Small MS4s
Operators of small MS4s described in Part II.A.2 must submit an NOI and
SWMP within 180 days of being notified in writing by the TCEQ of the need to
obtain permit coverage.
2. Late Submission of the NOI and SWMP
An NOI and SWMP are not prohibited from being submitted late or after the deadlines
provided. If a late NOI and SWMP is submitted, authorization is only for discharges that
occur after permit coverage is obtained. The TCEQ reserves the right to take appropriate
enforcement actions for any unpermitted discharges.
3. Storm Water Management Program (SWMP)
A SWMP must be developed and submitted with the NOI for eligible discharges that will
reach waters of the United States (U.S.), including discharges from the regulated small
MS4 to other MS4s or privately-owned separate storm sewer systems that subsequently
drain to waters of the U.S. according to the requirements of Part III of this general permit
and submitted with the NOI. The SWMP must include a time line that demonstrates a
schedule for implementation of the program throughout the permit term. The program
must be completely implemented within five years of the issuance date of this general
permit, or within five years of being designated for those small MS4s which are
designated following permit issuance. Implementation of the SWMP is required
immediately following receipt of written authorization from the TCEQ.
Changes may be made to the SWMP during the permit term. Changes that are made to
the SWMP before the NOI is approved by the TCEQ must be submitted in a letter
providing supplemental information to the NOI. Changes to the SWMP that are made
after TCEQ approval of the NOI and SWMP may be made following written approval of
the changes from the TCEQ, except that written approval is not required for the following
changes:
(a) Adding components, controls, or requirements to the SWMP; or replacing a BMP
with an
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equivalent BMP, may be made by the permittee at any time upon submittal of a
notice of change (NOC) form to the address specified on the form to the TCEQ.
(b) Replacing a less effective or infeasible BMP specifically identified in the SWMP
with an alternate BMP may be requested at any time. Changes must be submitted
on an NOC form to the address specified on the form. Unless denied in writing
by the TCEQ, the change shall be considered approved and may be implemented
by the permittee 60 days from submitting the request. Such requests must include
the following:
(1) an explanation of why the BMP was eliminated;
(2) an explanation of the effectiveness of the replacement BMP; and
(3) an explanation of why the replacement BMP is expected to achieve the
goals of the replaced BMP.
4. Contents of the NOI
The NOI must contain the following minimum information:
(a) MS4 Operator Information
(1) the name, mailing address, telephone number, and fax number of the
MS4 operator; and
(2) the legal status of the MS4 operator (e.g., federal government, state
government, county government, city government, or other government).
(b) Site Information
(1) the name, physical location description, and latitude and longitude of the
approximate center of the regulated portion of the small MS4;
(2) county or counties where the small MS4 is located;
(3) an indication if all or a portion of the small MS4 is located on Indian
Country Lands;
(4) if the applicant develops a seventh minimum control measure to obtain
authorization for construction activities, the boundary within which those
activities will occur;
(5) the name, mailing address, telephone number, and fax number of the
designated person(s) responsible for implementing or coordinating
implementation of the SWMP;
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(6) a certification that a SWMP has been developed according to the
provisions of this permit;
(7) a statement that the applicant will comply with the Public Participation
requirements described in Part II.D.12.;
(8) the name of each classified segment that receives discharges, directly or
indirectly, from the small MS4. If one or more of the discharge(s) is not
directly to a classified segment, then the name of the first classified
segment that those discharges reach shall be identified;
(9) the name of any MS4 receiving the discharge prior to discharge into
surface water in the state; and
(10) the name of all surface water(s) receiving discharges from the small MS4
that are on the latest EPA-approved CWA ' 303(d) list of impaired
waters.
5. Notice of Change (NOC)
If the MS4 operator becomes aware that it failed to submit any relevant facts, or
submitted incorrect information in the NOI, the correct information must be provided to
the executive director in a NOC within 30 days after discovery. If any information
provided in the NOI changes, an NOC must be submitted within 30 days from the time
the permittee becomes aware of the change.
Any revisions that are made to the SWMP must be made in accordance with Part II.D.3.
above. Changes that are made to the SWMP following NOI approval must be made
using an NOC form, in accordance with Part II.D.3. above.
6. Change in Operational Control of a Small MS4
If the operational control of the regulated small MS4 changes, the present operator must
submit a Notice of Termination (NOT) and the new operator must submit a NOI and
SWMP. The NOT and NOI must be submitted concurrently no greater than 10 days after
the change occurs.
7. Notice of Termination (NOT)
A permittee may terminate coverage under this general permit by providing a Notice of
Termination (NOT) on a form approved by the executive director. Authorization to
discharge terminates at midnight on the day that an NOT is postmarked for delivery to
the TCEQ. If TCEQ provides for electronic submission of NOTs during the term of this
permit, authorization to discharge terminates 24 hours following confirmation of receipt
of the electronic NOT form by the TCEQ. An NOT must be submitted within 30 days
after the MS4 operator obtains coverage under an individual permit.
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8. Signatory Requirement for NOI, NOT, NOC, and Waiver Forms
NOI, NOT, NOC, and Waiver forms must be signed and certified consistent with 30 TAC
' 305.44(a) and (b) (relating to Signatories to Applications).
9. Fees
An application fee of $100 must be submitted with each NOI. A fee is not required for
submission of a waiver form, an NOT, or an NOC.
A permittee authorized under this general permit must pay an annual Water Quality fee of
$100 under Texas Water Code, ' 26.0291 and 30 TAC Chapter 205 (relating to General
Permits for Waste Discharges).
10. Permit Expiration
(a) This general permit is effective for five years from the date of issuance.
Authorizations for discharge under the provisions of this general permit may
continue until the expiration date of the general permit. This general permit may
be amended, revoked, or canceled by the commission or renewed by the
commission for an additional term or terms not to exceed five years.
(b) If the Executive Director proposes to reissue this general permit before the
expiration date, the general permit shall remain in effect after the expiration date
for those existing discharges covered by the general permit in accordance with 30
TAC, Chapter 205. The general permit shall remain in effect for these
dischargers until the date on which the commission takes final action on the
proposal to reissue this general permit. No new NOIs will be accepted and no
new authorizations will be processed under the general permit after the expiration
date.
(c) Upon issuance of a renewed or amended general permit, all permittees, including
those covered under the expired general permit, may be required to submit an
NOI according to the requirements of the new general permit or to obtain a
TPDES individual permit for those discharges.
(d) If the commission does not propose to reissue this general permit within 90 days
before the expiration date, permittees must apply for authorization under a
TPDES individual permit or an alternative general permit. If the application for
an individual permit is submitted before the expiration date, authorization under
this expiring general permit remains in effect until the issuance or denial of an
individual permit.
11. Suspension of Permit Coverage
The executive director may suspend an authorization under this general permit for the
reasons specified in 30 TAC ' 205.4(d) by providing the discharger with written notice
of the decision to
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suspend that authority, and the written notice will include a brief statement of the basis
for the decision. If the decision requires an application for an individual permit or an
alternative general permit, the written notice will also include a statement establishing the
deadline for submitting an application. The written notice will state that the authorization
under this general permit is either suspended on the effective date of the commission's
action on the permit application, unless the commission expressly provides otherwise, or
immediately, if required by the executive director.
12. Public Participation
An applicant under this general permit must adhere to the following procedures:
(a) The applicant must submit the NOI and a SWMP to the executive director.
(b) After the applicant receives written instructions from the TCEQ=s Office of
Chief Clerk, the applicant must publish notice of the executive director=s
preliminary determination on the NOI and SWMP.
(c) The notice must include:
(1) the legal name of the MS4 operator;
(2) identify whether the NOI is for a new small MS4 or is a renewal of an
existing operation;
(3) the address of the applicant;
(4) a brief summary of the information included in the NOI, such as the
general location of the small MS4 and a description of the classified
receiving waters that receive the discharges from the small MS4;
(5) the location and mailing address where the public may provide
comments to the TCEQ;
(6) the public location where copies of the NOI and SWMP, as well as the
executive director's general permit and fact sheet, may be reviewed; and
(7) if required by the executive director, the date, time, and location of the
public meeting.
(d) This notice must be published at least once in the newspaper of largest
circulation in the county where the small MS4 is located. If the small MS4 is
located in multiple counties, the notice must be published at least once in the
newspaper of largest circulation in the county containing the largest resident
population. This notice shall provide opportunity for the public to submit
comments on the NOI and SWMP. In addition, the notice shall allow the public
to request a public meeting. A public meeting will be held if the TCEQ
determines
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that there is significant public interest.
(e) The public comment period begins on the first date the notice is published and
ends 30 days later, unless a public meeting is held. If a public meeting is held, the
comment period will end at the closing of the public meeting. The public may
submit written comments to the TCEQ Office of Chief Clerk during the comment
period detailing how the NOI or SWMP for the small MS4 fails to meet the
technical requirements or conditions of this general permit.
(f) If significant public interest exists, the executive director will direct the applicant
to publish a notice of the public meeting and to hold the public meeting. The
applicant must publish notice of a public meeting at least 30 days before the
meeting and hold the public meeting in a county where the small MS4 is located.
TCEQ staff will facilitate the meeting.
(g) If a public meeting is held, the applicant shall describe the contents of the NOI
and SWMP. The applicant shall also provide maps and other data on the small
MS4. The applicant shall provide a sign in sheet for attendees to register their
names and addresses and furnish the sheet to the executive director. A public
meeting held under this general permit is not an evidentiary proceeding.
(h) The applicant must file with the Chief Clerk a copy and an affidavit of the
publication of notice(s) within 60 days of receiving the written instructions from
the Office of Chief Clerk.
(i) The executive director, after considering public comment, shall approve, approve
with conditions, or deny the NOI based on whether the NOI and SWMP meet the
requirements of this general permit.
(j) Persons whose names and addresses appear legibly on the sign in sheet from the
public meeting and persons who submitted written comments to the TCEQ will
be notified by the TCEQ=s Office of Chief Clerk of the executive director=s
decision regarding the authorization.
E. Permitting Options
1. Authorization Under the General Permit
An operator of a small MS4 is required to obtain authorization either under this general
permit, or under an individual TPDES permit if it is located in an urbanized area or if it is
designated by the TCEQ. Multiple small MS4s with separate operators must individually
submit an NOI to obtain coverage under this general permit, regardless of whether the
systems are physically interconnected, located in the same urbanized area, or are located
in the same watershed. Each regulated small MS4 will be issued a distinct permit
number. These MS4 operators may combine or share efforts in meeting any or all of the
SWMP requirements stated in Part III of this general permit. MS4 operators that share
SWMP development and implementation must meet the following conditions:
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(a) Participants
The SWMP must clearly list the name and permit number for each MS4 operator
that contributes to development or implementation of the SWMP, and provide
confirmation that the contributing MS4 operator has agreed to contribute. If a
contributing MS4 has submitted an NOI and SWMP to TCEQ, but has not yet
received written notification of approval, along with the accompanying permit
authorization number, a copy of the submitted NOI form must be made readily
available or included in the SWMP.
(b) Responsibilities
Each permittee is entirely responsible for meeting SWMP requirements within
the boundaries of its MS4. Where a separate MS4 operator is contributing to
implementation of the SWMP, the SWMP must clearly define the contribution
and clearly identify the contributing MS4 operator.
2. Alternative Coverage under an Individual TPDES Permit
An MS4 operator eligible for coverage under this general permit may alternatively be
authorized under an individual TPDES permit according to 30 TAC Chapter 305 (relating
to Consolidated Permits). The executive director may require an MS4 operator,
authorized by this general permit, to apply for an individual TPDES permit because of:
the conditions of an approved TMDL or TMDL implementation plan; a history of
substantive non-compliance; or other 30 TAC Chapter 205 considerations and
requirements; or other site-specific considerations.
F. Waivers
The TCEQ may waive permitting requirements for small regulated MS4 operators if the criteria
are met for Waiver Option 1 or 2. To obtain Waiver Option 1, the MS4 operator must submit the
request on a waiver form provided by the executive director. To obtain Waiver Option 2, the
MS4 operator must contact the executive director and coordinate the activities required to meet
the waiver conditions. A provisional waiver from permitting requirements begins two days after
a completed waiver form is postmarked for delivery to the TCEQ. Following review of the
waiver form, the executive director may: 1) determine that the waiver form is complete and
confirm coverage under the waiver by providing a notification and a waiver number, 2) determine
that the waiver form is incomplete and deny the waiver until a completed waiver form is
submitted, or 3) deny the waiver and require that permit coverage be obtained.
If the conditions of either waiver are not met by the MS4 operator, then the MS4 operator must
submit an application for coverage under this general permit or a separate TPDES permit
application.
The TCEQ can, at any time, require a previously waived MS4 operator to comply with this
general permit or another TPDES permit if circumstances change so that the conditions of the
waiver are no longer met. Changed circumstances can also allow a regulated MS4 operator to
request a waiver at any time.
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1. Waiver Option 1: The system serves a population of less than 1,000 within an urbanized
area and meets the following criteria:
(a) the system is not contributing substantially to the pollutant loadings of a
physically interconnected MS4 that is regulated by the NPDES / TPDES storm
water program (40 CFR ' 122.32(d)); and
(b) if the system discharges any pollutant(s) that have been identified as a cause of
impairment of any water body to which the small MS4 discharges, storm water
controls are not needed based on wasteload allocations that are part of an EPA
approved or established "total maximum daily load" (TMDL) that addresses the
pollutant(s) of concern.
2. Waiver Option 2: The system serves a population under 10,000 and meets the following
criteria:
(a) the TCEQ has evaluated all waters of the United States, including small streams,
tributaries, lakes, and ponds, that receive a discharge from the small MS4;
(b) for all such waters, the TCEQ has determined that storm water controls are not
needed based on wasteload allocations that are part of an approved or established
TMDL that addresses the pollutant(s) of concern or, if a TMDL has not been
developed or approved, an equivalent analysis that determines sources and
allocations for the pollutant(s) of concern; and
(c) the TCEQ has determined that future discharges from the small MS4 do not have
the potential to exceed Texas surface water quality standards, including
impairment of designated uses, or other significant water quality impacts,
including habitat and biological impacts.
Part III. Storm Water Management Program (SWMP)
To the extent allowable under state and local law, a SWMP must be developed and implemented
according to the requirements of Part III of this general permit, for storm water discharges that reach
waters of the United States, regardless of whether the discharge is conveyed through a separately operated
storm sewer. The SWMP must be developed to reduce the discharge of pollutants from the MS4 to the
maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water quality
requirements of the Clean Water Act and the Texas Water Code. Existing programs or best management
practices (BMPs) may be used to fulfill the requirements of this general permit. The MS4 operator must
develop the SWMP to include the six minimum control measures described in Part III.A.1. through 6, and
the operator may develop and include the optional seventh minimum control measure in Part III.A.7.
Small MS4s have five years from the date of issuance of this general permit to fully implement their
SWMP. A discharger=s compliance with its approved SWMP will be deemed compliance with Part III of
this permit.
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Where the permittee lacks the authority to develop ordinances or to implement enforcement actions, the
permittee shall exert enforcement authority as required by this general permit for its facilities, employees,
and contractors. For discharges from third party actions, the permittee shall perform inspections and exert
enforcement authority to the MEP.
If the permittee does not have enforcement authority and is unable to meet the goals of this general permit
through its own powers, then, unless otherwise stated in this general permit, the permittee shall perform
the following action in order to meet the goals of the permit:
x Enter into interlocal agreements with municipalities where the small MS4 is located. These
interlocal agreements must state the extent to which the municipality will be responsible for
inspections and enforcement authority in order to meet the conditions of this general permit; or,
x if the permittee is unable to enter into inter-local agreements, notify the TCEQ=s Field
Operations Division as needed to report discharges or incidents that it can not itself enforce
against.
The controls and Best Management Practices (BMPs) included in the SWMP constitute effluent
limitations for the purposes of compliance with the requirements of 30 TAC Chapter 319, Subchapter B,
related to Hazardous Metals.
A. Minimum Control Measures
1. Public Education and Outreach on Storm Water Impacts
(a) A public education program must be developed and implemented to distribute
educational materials to the community or conduct equivalent outreach activities
that will be used to inform the public. The MS4 operator may determine the
most appropriate sections of the population at which to direct the program. The
MS4 operator must consider the following groups and the SWMP shall provide
justification for any listed group that is not included in the program:
(1) residents;
(2) visitors;
(3) public service employees;
(4) businesses;
(5) commercial and industrial facilities; and
(6) construction site personnel.
The outreach must inform the public about the impacts that storm water run-off
can have on water quality, hazards associated with illegal discharges and
improper disposal of waste, and steps that they can take to reduce pollutants in
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storm water runoff.
(b) The MS4 operator must document activities conducted and materials used to
fulfill this control measure. Documentation shall be detailed enough to
demonstrate the amount of resources used to address each group. This
documentation shall be retained in the annual reports required in Part IV.B.2. of
this general permit.
2. Public Involvement/Participation
The MS4 operator must, at a minimum, comply with any state and local public notice
requirements when implementing a public involvement/participation program. It is
recommended that the program include provisions to allow all members of the public
within the small MS4 the opportunity to participate in SWMP development and
implementation. Correctional facilities will not be required to implement this MCM.
3. Illicit Discharge Detection and Elimination
(a) Illicit Discharges
A section within the SWMP must be developed to establish a program to detect
and eliminate illicit discharges to the small MS4. The SWMP must include the
manner and process to be used to effectively prohibit illicit discharges. To the
extent allowable under state and local law, an ordinance or other regulatory
mechanism must be utilized to prohibit and eliminate illicit discharges. Elements
must include:
(1) Detection
The SWMP must list the techniques used for detecting illicit discharges;
and
(2) Elimination
The SWMP must include appropriate actions and, to the extent allowable
under state and local law, establish enforcement procedures for removing
the source of an illicit discharge.
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(b) Allowable Non-Storm Water Discharges
Non-storm water flows listed in Part II.B and Part VI.B. do not need to be
considered by the MS4 operator as an illicit discharge requiring elimination
unless the operator of the small MS4 or the executive director identifies the flow
as a significant source of pollutants to the small MS4. In lieu of considering non-
storm water sources on a case-by-case basis, the MS4 operator may develop a list
of common and incidental non-storm water discharges that will not be addressed
as illicit discharges requiring elimination. If developed, the listed sources must
not be reasonably expected to be significant sources of pollutants either because
of the nature of the discharge or the conditions that are established by the MS4
operator prior to accepting the discharge to the small MS4. If this list is
developed, then all local controls and conditions established for these listed
discharges must be described in the SWMP and any changes to the SWMP must
be included in the annual report described in Part IV.B.2. of this general permit,
and must meet the requirements of Part II.D.3. of the general permit.
(c) Storm Sewer Map
(1) A map of the storm sewer system must be developed and must include
the following:
(i) the location of all outfalls;
(ii) the names and locations of all waters of the U.S. that receive
discharges from the outfalls; and
(iii) any additional information needed by the permittee to implement
its SWMP.
(2) The SWMP must include the source of information used to develop the
storm sewer map, including how the outfalls are verified and how the
map will be regularly updated.
4. Construction Site Storm Water Runoff Control
The MS4 operator, to the extent allowable under State and local law, must develop,
implement, and enforce a program to reduce pollutants in any storm water runoff to the
small MS4 from construction activities that result in a land disturbance of greater than or
equal to one acre or if that construction activity is part of a larger common plan of
development or sale that would disturb one acre or more of land. The MS4 operator is
not required to develop, implement, and/or enforce a program to reduce pollutant
discharges from sites where the construction site operator has obtained a waiver from
permit requirements under NPDES or TPDES construction permitting requirements
based on a low potential for erosion.
(a) The program must include the development and implementation of, at a
minimum, an
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ordinance or other regulatory mechanism to require erosion and sediment
controls, as well as sanctions to ensure compliance, to the extent allowable under
state and local law.
(b) Requirements for construction site contractors to, at a minimum:
(1) implement appropriate erosion and sediment control BMPs; and
(2) control waste such as discarded building materials, concrete truck
washout water, chemicals, litter, and sanitary waste at the construction
site that may cause adverse impacts to water quality.
(c) The MS4 operator must develop procedures for:
(1) site plan review which incorporate consideration of potential water
quality impacts;
(2) receipt and consideration of information submitted by the public; and
(3) site inspection and enforcement of control measures to the extent
allowable under state and local law.
5. Post-Construction Storm Water Management in New Development and Redevelopment
To the extent allowable under state and local law, the MS4 operator must develop,
implement, and enforce a program to address storm water runoff from new development
and redevelopment projects that disturb greater than or equal to one acre of land,
including projects less than one acre that are part of a larger common plan of
development or sale that will result in disturbance of one or more acres, that discharge
into the small MS4. The program must ensure that controls are in place that would
prevent or minimize water quality impacts. The permittee shall:
(a) Develop and implement strategies which include a combination of structural
and/or non-structural BMPs appropriate for the community;
(b) Use an ordinance or other regulatory mechanism to address post-construction
runoff from new development and redevelopment projects to the extent allowable
under state and local law; and
(c) Ensure adequate long-term operation and maintenance of BMPs.
6. Pollution Prevention/Good Housekeeping for Municipal Operations
A section within the SWMP must be developed to establish an operation and
maintenance program, including an employee training component, that has the ultimate
goal of preventing or reducing pollutant runoff from municipal operations.
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(a) Good Housekeeping and Best Management Practices (BMPs)
Housekeeping measures and BMPs (which may include new or existing
structural or non-structural controls) must be identified and either continued or
implemented with the goal of preventing or reducing pollutant runoff from
municipal operations. Examples of municipal operations and municipally owned
areas include, but are not limited to:
(1) park and open space maintenance;
(2) street, road, or highway maintenance;
(3) fleet and building maintenance;
(4) storm water system maintenance;
(5) new construction and land disturbances;
(6) municipal parking lots;
(7) vehicle and equipment maintenance and storage yards;
(8) waste transfer stations; and
(9) salt/sand storage locations.
(b) Training
A training program must be developed for all employees responsible for
municipal operations subject to the pollution prevention/good housekeeping
program. The training program must include training materials directed at
preventing and reducing storm water pollution from municipal operations.
Materials may be developed, or obtained from the EPA, states, or other
organizations and sources. Examples or descriptions of training materials being
used must be included in the SWMP.
(c) Structural Control Maintenance
If BMPs include structural controls, maintenance of the controls must be
performed at a frequency determined by the MS4 operator and consistent with
maintaining the effectiveness of the BMP. The SWMP must list all of the
following:
(1) maintenance activities;
(2) maintenance schedules; and
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(3) long-term inspection procedures for controls used to reduce floatables
and other pollutants.
(d) Disposal of Waste
Waste removed from the small MS4 and waste that is collected as a result of
maintenance of storm water structural controls must be properly disposed. A
section within the SWMP must be developed to include procedures for the proper
disposal of waste, including:
(1) dredge spoil;
(2) accumulated sediments; and
(3) floatables.
(e) Municipal Operations and Industrial Activities
The SWMP must include a list of all:
(1) municipal operations that are subject to the operation, maintenance, or
training program developed under the conditions of this section; and
(2) municipally owned or operated industrial activities that are subject to
TPDES industrial storm water regulations.
7. Authorization for Municipal Construction Activities
The development of a MCM for municipal construction activities is an optional measure
and is an alternative to the MS4 operator seeking coverage under TPDES general permit
TXR150000. Additionally, contractors working for the permittee are not required to
obtain a separate authorization if they do not meet the definition of a Aconstruction site
operator,@ as long as the permittee meets the status of construction site operator.
Permittees that choose to develop this measure will be authorized to discharge storm
water and certain non-storm water from construction activities where the permittee can
meet the definition of Aconstruction site operator@ in Part I of this general permit. The
authorization to discharge under this MCM is limited to the regulated area, such as the
portion of the MS4 located within an urbanized area or the area designated by TCEQ as
requiring coverage. However, an MS4 operator may also utilize this MCM over
additional portions of their MS4 that are also in compliance with all of the MCMs listed
in this general permit. This MCM must be developed as a part of the SWMP that is
submitted with the NOI for permit coverage. If this MCM is developed after submitting
the initial NOI, a NOC must be submitted notifying the executive director of this change,
and identifying the geographical area or boundary where the activities will be conducted
under the provisions of this general permit. Utilization of this MCM does not preclude a
small MS4 from obtaining coverage under the TPDES Construction General Permit,
TXR150000, or under an individual TPDES permit.
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(a) The MCM must include:
(1) a description of how construction activities will generally be conducted
by the permittee so as to take into consideration local conditions of
weather, soils, and other site specific considerations;
(2) a description of the area that this MCM will address and where the
permittee=s construction activities are covered (e.g. within the boundary
of the urbanized area, the corporate boundary, a special district
boundary, an extra territorial jurisdiction, or other similar jurisdictional
boundary); and
(3) either a description of how the permittee will supervise or maintain
oversight over contractor activities to ensure that the SWP3 requirements
are properly implemented at the construction site; or how the permittee
will make certain that contractors have a separate authorization for storm
water discharges.
(4) a general description of how a SWP3 shall be developed, according to
Part VI.E. of this general permit, for each construction site.
B. General Requirements
Permittees must provide documentation of the development, implementation, and evaluation of
the SWMP. The documentation must be included in the SWMP and may be required to be
submitted in the annual report required in Part IV.B.2. of this general permit. At a minimum, the
documentation must include:
1. a list of any public or private entities assisting with the development or implementation of
the SWMP;
2. a list of all BMPs and measurable goals for each of the MCMs;
3. a schedule for the implementation of all SWMP requirements;
4. a description of how each measurable goal will be evaluated;
5. a rationale statement that addresses the overall program, including how the BMPs and
measurable goals were selected; and
6. if applicable, a list of all MS4 operators contributing to the development and
implementation of the SWMP, including a clear description of the contribution.
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Part IV. Recordkeeping and Reporting
A. Recordkeeping
1. The permittee must retain all records, a copy of this TPDES general permit, and records
of all data used to complete the application (NOI) for this general permit and satisfy the
public participation requirements, for a period of at least three years, or for the remainder
of the term of this general permit, whichever is longer. This period may be extended by
request of the executive director at any time.
2. The permittee must submit the records to the executive director only when specifically
asked to do so. The SWMP required by this general permit (including a copy of the
general permit) must be retained at a location accessible to the TCEQ.
3. The permittee must make the NOI and the SWMP available to the public if requested to
do so in writing. Copies of the SWMP must be made available within 10 working days
of receipt of a written request. Other records must be provided in accordance with the
Texas Public Information Act. However, all requests for records from federal facilities
must be made in accordance with the Freedom of Information Act.
4. The period during which records are required to be kept shall be automatically extended
to the date of the final disposition of any administrative or judicial enforcement action
that maybe instituted against the permittee.
B. Reporting
1. General Reporting Requirements
(a) Noncompliance Notification
According to 30 TAC ' 305.125(9), any noncompliance which may endanger
human health or safety, or the environment, must be reported by the permittee to
the TCEQ. Report of such information must be provided orally or by electronic
facsimile transmission (FAX) to the TCEQ regional office within 24 hours of
becoming aware of the noncompliance. A written report must be provided by the
permittee to the TCEQ regional office and to the TCEQ Enforcement Division
(MC-224) within five working days of becoming aware of the noncompliance.
The written report must contain:
(1) a description of the noncompliance and its cause;
(2) the potential danger to human health or safety, or the environment;
(3) the period of noncompliance, including exact dates and times;
(4) if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and
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(5) steps taken or planned to reduce, eliminate, and prevent recurrence of the
noncompliance, and to mitigate its adverse effects.
(b) Other Information
When the permittee becomes aware that it either submitted incorrect information
or failed to submit complete and accurate information requested in an NOI, NOT,
or NOC, or any other report, it must promptly submit the facts or information to
the executive director.
2. Annual Report
The MS4 operator must submit a concise annual report to the executive director within 90
days of the end of each permit year. The annual report must address the previous permit
year. The first permit year for annual reporting purposes shall begin on the date of permit
issuance, and shall last for one year. Subsequent calendar years will begin on the
anniversary date of permit issuance and last for one year. The MS4 operator must also
make a copy of the annual report readily available for review by TCEQ personnel upon
request. The report must include:
(a) The status of the compliance with permit conditions, an assessment of the
appropriateness of the identified BMPs, progress towards achieving the statutory
goal of reducing the discharge of pollutants to the MEP, the measurable goals for
each of the MCMs, and an evaluation of the success of the implementation of the
measurable goals;
(b) Status of any additional control measures implemented by the permittee (if
applicable);
(c) Any MCM activities initiated before permit issuance may be included, under the
appropriate headings, as part of the first year=s annual report;
(d) A summary of the results of information (including monitoring data) collected
and analyzed, if any, during the reporting period used to assess the success of the
program at reducing the discharge of pollutants to the MEP;
(e) A summary of the storm water activities the MS4 operator plans to undertake
during the next reporting cycle;
(f) Proposed changes to the SWMP, including changes to any BMPs or any
identified measurable goals that apply to the program elements;
(g) The number of municipal construction activities authorized under this general
permit and the total number of acres disturbed;
(h) The number of non-municipal construction activities that occurred within the
jurisdiction of the permittee (as noticed to the permittee by the construction
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operator); and
(i) Notice that the MS4 operator is relying on another government entity to satisfy
some of its permit obligations (if applicable).
An annual report must be prepared whether or not the NOI and SWMP has been
approved by the TCEQ. If the permittee has either not implemented the SWMP or not
begun to implement the SWMP because it has not received approval of the NOI and
SWMP, then the annual report may include that information.
If permittees share a common SWMP, all permittees must contribute to a system-wide
report (if applicable);
Each permittee must sign and certify the annual report in accordance with 30 TAC '
305.128 (relating to Signatories to Reports); and
The annual report must be submitted to the following address:
Texas Commission on Environmental Quality
Storm Water & Pretreatment Team; MC - 148
P.O. Box 13087
Austin, Texas 78711-3087
A copy of the annual report must also be submitted to the TCEQ Regional Office that
serves the area of the regulated small MS4.
If available, electronic submission of annual reports is encouraged. The Federal Waste
Reduction Act and the Government Paperwork Elimination Act encourages governmental
agencies to use electronic submission. See the TCEQ website at, www.tceq.state.tx.us
for additional information and instructions.
Part V. Standard Permit Conditions
A. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit
condition is a violation of the general permit and statutes under which it was issued, and is
grounds for enforcement action, for terminating coverage under this general permit, or for
requiring a discharger to apply for and obtain an individual TPDES permit.
B. Authorization under this general permit may be suspended or revoked for cause. Filing a notice
of planned changes or anticipated non-compliance by the permittee does not stay any permit
condition. The permittee must furnish to the executive director, upon request and within a
reasonable timeframe, any information necessary for the executive director to determine whether
cause exists for revoking, suspending, or terminating authorization under this general permit.
Additionally, the permittee must provide to the executive director, upon request, copies of all
records that the permittee is required to maintain as a condition of this general permit.
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TPDES General Permit No. TXR040000
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C. It is not a defense for a discharger in an enforcement action that it would have been necessary to
halt or reduce the permitted activity to maintain compliance with the permit conditions.
D. Inspection and entry shall be allowed under Texas Water Code Chapters 26-28, Health and Safety
Code '' 361.032-361.033 and 361.037, and 40 Code of Federal Regulations (CFR) '122.41(i).
The statement in Texas Water Code ' 26.014 that commission entry of a facility shall occur
according to an establishment's rules and regulations concerning safety, internal security, and fire
protection is not grounds for denial or restriction of entry to any part of the facility or site, but
merely describes the commission's duty to observe appropriate rules and regulations during an
inspection.
E. The discharger is subject to administrative, civil, and criminal penalties, as applicable, under
Texas Water Code, Chapters 26, 27, and 28, and the Texas Health and Safety Code, Chapter 361
for violations including but not limited to the following:
a. negligently or knowingly violating CWA, '' 301, 302, 306, 307, 308, 318, or 405, or
any condition or limitation implementing any sections in a permit issued under CWA, '
402; and
b. knowingly making any false statement, representation, or certification in any record or
other document submitted or required to be maintained under a permit, including
monitoring reports or reports of compliance or noncompliance.
F. All reports and other information requested by the executive director must be signed by the
person and in the manner required by 30 TAC ' 305.128 (relating to Signatories to Reports).
G. Authorization under this general permit does not convey property or water rights of any sort and
does not grant any exclusive privilege.
H. The permittee shall implement its SWMP on any new areas under its jurisdiction that are located
in a UA or that are designated by the TCEQ. Implementation of the SWMP in these areas is
required three (3) years from acquiring the new area, or five (5) years from the date of the
original SWMP, whichever is later.
Part VI. Authorization for Municipal Construction Activities
The MS4 operator may obtain authorization under TPDES general permit TXR150000 to discharge storm
water runoff from each construction activity performed by the MS4 operator that results in a land
disturbance of one (1) or more acres of land. Alternatively, the MS4 operator may develop the SWMP to
include this optional seventh (7th) storm water MCM if the eligibility requirements in Part VI.A. are met.
If an MS4 operator decides to utilize this MCM, then the MS4 operator must include the MCM it in its
SWMP submitted with the NOI or submit an NOC notifying the executive director of the addition of this
MCM to its SWMP. The MS4 operator must identify the geographic area or boundary where the
construction activities will be conducted under the provisions of this general permit. If the small MS4
meets the terms and requirements of this general permit, then discharges from these construction activities
may be authorized under this general permit as long as they occur within the regulated geographic area of
the small MS4. An MS4 operator
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may utilize this MCM over additional portions of their MS4 if those areas are also in compliance with all
MCMs listed in this general permit. Even if an MS4 operator has developed this optional seventh storm
water MCM, the MS4 operator may apply under TPDES general permit TXR150000 for authorization for
particular municipal construction activities including those activities that occur during periods of low
potential for erosion (for which no SWP3 must be developed).
A. Eligible Construction Sites
Discharges from construction activities within the regulated area where the MS4 operator meets
the definition of construction site operator are eligible for authorization under this general permit.
Discharges from construction activities outside of the regulated area, where the MS4 operator
meets the definition of construction site operator, are only eligible for authorization under this
general permit in those areas where the MS4 operator meets the requirements of Parts III.A.1.
through III.A.6 of this general permit, related to MCMs.
B. Discharges Eligible for Authorization
1. Storm Water Associated with Construction Activity
Discharges of storm water runoff from small and large construction activities may be
authorized under this general permit.
2. Discharges of Storm Water Associated with Construction Support Activities
Discharges of storm water runoff from construction support activities, including concrete
batch plants, asphalt batch plants, equipment staging areas, material storage yards,
material borrow areas, and excavated material disposal areas may be authorized under
this general permit provided:
(a) the activity is located within a 1-mile distance from the boundary of the
permitted construction site and directly supports the construction activity;
(b) a storm water pollution prevention plan is developed according to the provisions
of this general permit and includes appropriate controls and measures to reduce
erosion and discharge of pollutants in storm water runoff from the supporting
industrial activity site; and
(c) the construction support activity either does not operate beyond the completion
date of the construction activity or obtains separate TPDES authorization for
discharges as required.
3. Non-storm Water Discharges
The following non-storm water discharges from construction sites authorized under this
general permit are also eligible for authorization under this MCM:
(a) discharges from fire fighting activities (fire fighting activities do not include
washing of
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trucks, run-off water from training activities, test water from fire suppression
systems, and similar activities);
(b) fire hydrant flushings;
(c) vehicle, external building, and pavement wash water where detergents and soaps
are not used and where spills or leaks of toxic or hazardous materials have not
occurred (unless all spilled material is removed)
(d) water used to control dust;
(e) potable water sources including waterline flushings;
(f) air conditioning condensate; and
(g) uncontaminated ground water or spring water, including foundation or footing
drains where flows are not contaminated with industrial materials such as
solvents.
4. Other Permitted Discharges
Any discharge authorized under a separate TPDES or TCEQ permit may be combined
with discharges from construction sites operated by the small MS4.
C. Limitations on Permit Coverage
Discharges that occur after construction activities have been completed, and after the construction
site and any supporting activity site have undergone final stabilization, are not eligible for
coverage under Part VI of the general permit.
D. Numeric Effluent Limitations
All discharges of storm water runoff from concrete batch plants must be monitored at the
following monitoring frequency and comply with the following numeric effluent limitations:
Limitations Monitoring
Parameter Daily Maximum Frequency
Total Suspended Solids 65 mg/l 1/Year
Oil and Grease 15 mg/l 1/Year
pH between 6 and 9 standard
units
1/Year
E. Storm Water Pollution Prevention Plan (SWP3)
Operators of municipal construction activities that qualify for coverage under this general permit
and that discharge storm water associated with construction activities that reach waters of the
U.S. must:
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1. develop a SWP3 according to the provisions of this general permit that covers the entire
site and begin implementation of that plan prior to commencing construction activities;
2. post a signed copy of the notice contained in Attachment 1 of this general permit in a
location at the construction site where it is readily available for viewing prior to
commencing construction activities and maintain the notice in that location until
completion of the construction activity and final stabilization of the site;
3. ensure the project specifications allow or provide that adequate BMPs may be developed
and modified as necessary to meet the requirements of this general permit and the SWP3;
4. ensure all contractors are aware of the SWP3 requirements, are aware that municipal
personnel are responsible for the day-to-day operations of the SWP3, and who to contact
concerning SWP3 requirements; and
5. ensure that the SWP3 identifies the municipal personnel responsible for implementation
of control measures described in the plan.
F. Effective Date of Coverage
Operators of construction activities eligible for coverage under this general permit are authorized
to discharge storm water associated with construction activity from a site 48 hours from the time
that the signed notice is posted at the site.
G. Deadlines for SWP3 Preparation and Compliance
The SWP3 must:
1. be completed and initially implemented prior to commencing construction activities that
result in soil disturbance;
2. be updated as necessary to reflect the changing conditions of new contractors, new areas
of responsibility, and changes in best management practices; and
3. provide for compliance with the terms and conditions of this general permit.
H. Plan Review and Making Plans Available
The SWP3 must be retained on-site at the construction site or made readily available at the time
of an on-site inspection to: the executive director; a federal, state, or local agency approving
sediment and erosion plans, grading plans, or storm water management plans; local government
officials; and the operator of a municipal separate storm sewer receiving discharges from the site.
I. Keeping Plans Current
The permittee must amend the SWP3 whenever:
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TPDES General Permit No. TXR040000
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1. there is a change in design, construction, operation, or maintenance that has a significant
effect on the discharge of pollutants and that has not been previously addressed in the
SWP3; or
2. results of inspections or investigations by site operators, authorized TCEQ personnel, or a
federal, state or local agency approving sediment and erosion plans indicate the SWP3 is
proving ineffective in eliminating or significantly minimizing pollutants in discharges
authorized under this general permit.
J. Contents of SWP3
The SWP3 must include, at a minimum, the information described in this section.
1. A site description, or project description, must be developed to include:
(a) a description of the nature of the construction activity, potential pollutants and
sources;
(b) a description of the intended schedule or sequence of major activities that will
disturb soils for major portions of the site;
(c) the number of acres of the entire construction site property and the total number
of acres of the site where construction activities will occur, including off-site
material storage areas, overburden and stockpiles of dirt, and borrow areas;
(d) data describing the soil type or the quality of any discharge from the site;
(e) a map showing the general location of the site (e.g. a portion of a city or county
map);
(f) a detailed site map indicating the following:
(1) drainage patterns and approximate slopes anticipated after major grading
activities;
(2) areas where soil disturbance will occur;
(3) areas which will not be disturbed;
(4) locations of all major structural controls either planned or in place;
(5) locations where stabilization practices are expected to be used;
(6) locations of off-site material, waste, borrow or equipment storage areas;
(7) surface waters (including wetlands) either adjacent or in close proximity;
and
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(8) locations where storm water discharges from the site directly to a surface
water body.
(g) the location and description of asphalt plants and concrete plants (if any)
providing support to the construction site and that are also authorized under this
general permit;
(h) the name of receiving waters at or near the site that will be disturbed or that will
receive discharges from disturbed areas of the project; and
(i) a copy of Part VI of this TPDES general permit.
2. The SWP3 must describe the structural and the non-structural controls (best management
practices) that will be used to minimize pollution in runoff. The description must identify
the general timing or sequence for implementation and the party responsible for
implementation. At a minimum, the description must include the following components:
(a) Erosion and Sediment Controls
(1) Erosion and sediment controls must be designed to retain sediment on-
site to the maximum extent practicable with consideration for local
topography and rainfall.
(2) Control measures must be properly selected, installed, and maintained
according to the manufacturer=s or designer=s specifications. If periodic
inspections or other information indicates a control has been used
incorrectly, or that the control is performing inadequately, the operator
must replace or modify the control.
(3) Sediment must be removed from sediment traps and sedimentation ponds
no later than the time that design capacity has been reduced by 50%.
(4) If sediment escapes the site, accumulations must be removed at a
frequency to minimize further negative effects and, whenever feasible,
prior to the next rain event.
(5) Controls must be developed to limit offsite transport of litter,
construction debris, and construction materials by storm water runoff.
3. Stabilization Practices
The SWP3 must include a description of interim and permanent stabilization practices for
the site, including a schedule of when the practices will be implemented. Site plans
should ensure that existing vegetation is preserved where it is possible.
(a) Stabilization practices may include but are not limited to: establishment of
temporary vegetation, establishment of permanent vegetation, mulching,
geotextiles,
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TPDES General Permit No. TXR040000
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sod stabilization, vegetative buffer strips, protection of existing trees and
vegetation and other similar measures.
(b) The following records must be maintained and either attached to or referenced in
the SWP3 and made readily available upon request to the parties in Part VI.H. of
this general permit:
(1) the dates when major grading activities occur;
(2) the dates when construction activities temporarily or permanently cease
on a portion of the site; and
(3) the dates when stabilization measures are initiated.
(c) Stabilization measures must be initiated as soon as practicable in portions of the
site where construction activities have temporarily or permanently ceased, and
except as provided in (1) through (3) below, must be initiated no more than
fourteen (14) days after the construction activity in that portion of the site has
temporarily or permanently ceased.
(1) Where the initiation of stabilization measures by the 14th day after
construction activity temporarily or permanently ceased is precluded by
snow cover or frozen ground conditions, stabilization measures must be
initiated as soon as practicable.
(2) Where the initiation of stabilization measures by the 14th day after
construction activity has temporarily or permanently ceased is precluded
by seasonably arid conditions, stabilization measures must be initiated as
soon as practicable. These conditions exist in arid areas (areas with an
average rainfall of 0 to 10 inches), semiarid areas (areas with an average
annual rainfall of 10 to 20 inches), and other areas experiencing
droughts.
(3) Where construction activity on a portion of the site is temporarily ceased
and earth disturbing activities will be resumed within twenty-one (21)
days, temporary stabilization measures do not have to be initiated on that
portion of site.
4. Structural Control Practices
The SWP3 must include a description of any structural control practices used to divert
flows away from exposed soils, to limit the contact of runoff with disturbed areas, or to
lessen the off-site transport of eroded soils.
(a) Sediment basins are required, where feasible, for common drainage locations that
serve an area with ten (10) or more acres that remain disturbed at any one time.
Sediment basins may be either temporary or permanent, but must be designed to
store either
Item 10
TPDES General Permit No. TXR040000
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the calculated volume of runoff from a 2 year, 24 hour storm from acreage
drained, or designed to provide 3,600 cubic feet of storage per acre drained.
When calculating the volume of runoff from a 2-year, 24-hour storm event, it is
not required to include the flows from offsite areas and flow from onsite areas
that are either undisturbed or have already undergone final stabilization, if these
flows are diverted around both the disturbed areas of the site and the sediment
basin. In determining whether installing a sediment basin is feasible, the
permittee may consider factors such as site soils, slope, available area on site,
public safety, and other similar considerations. Where sediment basins are not
feasible, equivalent control measures, which may include a series of smaller
sediment basins, must be used. At a minimum, silt fences, vegetative buffer
strips, or equivalent sediment controls are required for all down slope boundaries
(and for those side slope boundaries deemed appropriate as dictated by individual
site conditions) of the construction area.
(b) Sediment traps and sediment basins may be used to control solids in storm water
runoff for drainage locations serving less than ten (10) acres. At a minimum, silt
fences, vegetative buffer strips, or equivalent sediment controls are required for
all down slope boundaries (and for those side slope boundaries deemed
appropriate as dictated by individual site conditions) of the construction.
Alternatively, a sediment basin providing storage for a calculated volume of
runoff from these areas for a 2-year, 24- hour storm or 3,600 cubic feet of storage
per acre drained may be provided.
5. Permanent Storm Water Controls
A description of any measures that will be installed during the construction process to
control pollutants in storm water discharges that will occur after construction operations
have been completed must be included in the SWP3. Permittees are only responsible for
the installation and maintenance of storm water management measures prior to final
stabilization of the site .
6. Other Controls
(a) Off-site vehicle tracking of sediments and the generation of dust must be
minimized.
(b) The SWP3 must include a description of construction and waste materials
expected to be stored on-site and a description of controls to reduce pollutants
from these materials.
(c) The SWP3 must include a description of pollutant sources from areas other than
construction (including storm water discharges from dedicated asphalt plants and
dedicated concrete plants), and a description of controls and measures that will
be implemented at those sites to minimize pollutant discharges.
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TPDES General Permit No. TXR040000
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7. Approved State and Local Plans
(a) Permittees must ensure the SWP3 is consistent with requirements specified in
applicable sediment and erosion site plans or site permits, or storm water
management site plans or site permits approved by federal, state, or local
officials.
(b) SWP3s must be updated as necessary to remain consistent with any changes
applicable to protecting surface water resources in sediment erosion site plans or
site permits, or storm water management site plans or site permits approved by
state or local official for which the permittee receives written notice.
8. Maintenance
All erosion and sediment control measures and other protective measures identified in the
SWP3 must be maintained in effective operating condition. If through inspections the
permittee determines that BMPs are not operating effectively, maintenance must be
performed before the next anticipated storm event or as necessary to maintain the
continued effectiveness of storm water controls. If maintenance prior to the next
anticipated storm event is impracticable, maintenance must be scheduled and
accomplished as soon as practicable.
9. Inspections of Controls
(a) Personnel provided by the permittee and familiar with the SWP3 must inspect
disturbed areas of the construction site that have not been finally stabilized, areas
used for storage of materials that are exposed to precipitation, all structural
control measures for effectiveness and necessary maintenance, and locations
where vehicles enter or exit the site for evidence of off-site tracking. Inspections
must occur at least once every fourteen (14) calendar days and within twenty four
(24) hours of the end of a storm event of 0.5 inches or greater. As an alternative,
the SWP3 may be developed to require that these inspections will occur at least
once every seven (7) calendar days; in which case additional inspections are not
required following each qualifying storm event. If this alternative schedule is
developed, the inspection must occur on a specifically defined day, regardless of
whether or not there has been a rainfall event since the previous inspection.
Where sites have been finally or temporarily stabilized, where runoff is unlikely
due to winter conditions (e.g. site is covered with snow, ice, or frozen ground
exists), or during seasonal arid periods in arid areas (areas with an average annual
rainfall of 0 to 10 inches) and semi-arid areas (areas with an average annual
rainfall of 10 to 20 inches), inspections must be conducted at least once every
month.
(b) Personnel provided by the permittee and familiar with the SWP3 must inspect all
accessible discharge locations to determine if erosion control measures are
effective in preventing visually noticeable changes to receiving waters, including
persistent
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TPDES General Permit No. TXR040000
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cloudy appearance in water color and noticeable accumulation of sediments.
Where discharge locations are inaccessible, nearby downstream locations must
be inspected to the extent that such inspections are practicable. The frequency
for these inspections must be established by the permittee in the SWP3 with
consideration for local rainfall and soil, but must occur at least once during the
construction activity if a discharge occurs.
(c) The SWP3 must be modified based on the results of inspections, as necessary, to
better control pollutants in runoff. Revisions to the SWP3 must be completed
within seven (7) calendar days following the inspection. If existing BMPs are
modified or if additional BMPs are necessary, an implementation schedule must
be described in the SWP3 and wherever possible those changes implemented
before the next storm event. If implementation before the next anticipated storm
event is impracticable, these changes must be implemented as soon as
practicable.
(d) A report summarizing the scope of the inspection, names and qualifications of
personnel making the inspection, the dates of the inspection, and major
observations relating to the implementation of the SWP3 must be made and
retained as part of the SWP3. Major observations should include: the locations
of discharges of sediment or other pollutants from the site; locations of BMPs
that need to be maintained; locations of BMPs that failed to operate as designed
or proved inadequate for a particular location; and locations where additional
BMPs are needed.
(e) Actions taken as a result of inspections must be described within, and retained as
a part of, the SWP3. Reports must identify any incidents of non-compliance.
Where a report does not identify any incidents of non-compliance, the report
must contain a certification that the facility or site is in compliance with the
SWP3 and this permit.
10. The SWP3 must identify and ensure the implementation of appropriate pollution
prevention measures for all eligible non-storm water components of the discharge.
K. Additional Retention of Records
The permittee must retain the following records for a minimum period of three (3) years from the
date that final stabilization has been achieved on all portions of the site. Records include:
1. a copy of the SWP3; and
2. all reports and actions required by this general permit, including a copy of the site notice.
Item 10
Page 42
Attachment 1
CONSTRUCTION SITE NOTICE
FOR THE
Texas Commission on Environmental Quality
Storm Water Program
TPDES GENERAL PERMIT TXR040000
The following information is posted in compliance with Part VI of the Texas Commission on Environmental Quality’s
(TCEQ) TPDES General Permit Number TXR040000 for discharges of storm water runoff from construction sites
that are operated by small municipal separate storm sewer system operators. Additional information regarding the
TCEQ storm water permit program may be found on the internet at:www.tceq.state.tx.us
Permit Number: TXR04 __________
Contact Name and Phone Number:
Project Description:
(Including estimated start date and either
the projected end date, or date that
disturbed soils will be finally
stabilized)
Location of Storm Water Pollution
Prevention Plan (SWP3):
I,(Typed or Printed Name Person Completing This Certification) certify under
penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part VI
of TPDES General Permit TXR040000. A storm water pollution prevention plan has been developed and
implemented according to permit requirements. I am aware there are significant penalties for providing false
information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for
knowing violations.
Signature Date
Item 10
Attachment 2 CONCRETE BATCH FACILITIES STW/ TXR04/ COPERMITTEE NAME/ADDRESS (Include Facility Name/Location if Different) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)DISCHARGE MONITORING REPORT (DMR) NOTE:Enter your permit number in the underlined space in the upper right hand corner of this page.Example: STW/TXR04 00123/ CO Mail to: TCEQ (MC 213) P.O. Box 13087 Austin, TX 78711-3087 NAME(2-16)(17-19) ADDRESS PERMIT NUMBER DISCHARGE NUMBERFACILITY LOCATIONMONITORING PERIOD YEAR MO DAY YEAR MO DAY01 0112 31 (20-21) (22-23) (24-25) (26-27) (28-29) (30-31)PARAMETER(32-37) (3 Card Only) QUANTITY OR LOADING (46-53) ( 54-61) (4 Card Only) QUALITY OR CONCENTRATION (38-45) (46-53) (54-61)NO. EX (62-63)FREQUENCY OFANALYSIS (64-68) SAMPLETYPE (69-70)AVERAGE MAXIMUM UNITS MINIMUM AVERAGE MAXIMUM UNITS Total Suspended SolidsSAMPLE MEASUREMENT*********************************** *******mg/l SAMPLE REQUIREMENT****************************65Daily Max 1/Year Grab Oil & Grease SAMPLE MEASUREMENT*********************************** *******mg/l SAMPLE REQUIREMENT****************************15Daily Max 1/Year Grab pH SAMPLE MEASUREMENT*********************************** *******S.U. SAMPLE REQUIREMENT****************************6.0 - 9.0 Range1/Year GrabSAMPLE MEASUREMENTSAMPLE REQUIREMENTNAME/TITLE PRINCIPAL EXECUTIVE OFFICER ICERTIFY UNDER PENALTY OF LAW THAT THIS DOCUMENT AND ALL ATTACHMENTS WERE PREPARED UNDER MY DIRECTION OR SUPERVISION IN ACCORDANCE WITH A SYSTEM DESIGNED TO ASSURE THAT QUALIFIED PERSONNEL PROPERLY GATHER AND EVALUATE THE INFORMATION SUBMITTED. BASED ON MY INQUIRY OF THE PERSON OR PERSONS WHO MANAGE THE SYSTEM, OR THOSE PERSONS DIRECTLY RESPONSIBLE FOR GATHERING THE INFORMATION, THE INFORMATION SUBMITTED IS, TO THE BEST OF MY KNOWLEDGE AND BELIEF, TRUE, ACCURATE, AND COMPLETE. I AM AWARE THAT THERE ARE SIGNIFICANT PENALTIES FOR SUBMITTING FALSE INFORMATION, INCLUDING THE POSSIBILITY OF FINE AND IMPRISONMENT FOR KNOWING VIOLATIONS. TELEPHONEDATESIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT AREACODE NUMBER YEAR MO DAY TYPED OR PRINTED COMMENTS AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here)EPA Form 3320-1 (3-99) (REPLACES EPA FORM T-40 WHICH MAY NOT BE USED) PAGE OFForm Approved OMB No. 2040-004Item 10
ȱȱȱ
ȱ STORMWATERȱMANAGEMENTȱPROGRAMȱ
4/2014
APPENDIX B TOWN OF PROSPER NOTICE OF INTENT
Item 10
TCEQ 20368 (Effective 12/13/2013, Form rev. 05/29/2014) Page 1
TCEQ Office Use Only
Permit No.:
RN:
CN:
Region:
Notice of Intent (NOI) for Stormwater Discharges
from Small Municipal Separate Storm Sewer Systems
(MS4) under the TPDES Phase II MS4 General Permit
(TXR040000)
IMPORTANT:
x Use the INSTRUCTIONS to fill out each question in this form.
x Use the CHECKLIST to make certain you filled out all required information.
Incomplete applications WILL delay approval or result in automatic denial.
x Once processed your authorization can be viewed at:
http://www.tceq.texas.gov/goto/wq-dpa
APPLICATION FEE:
x You must pay the $100 Application Fee to TCEQ for the paper application to be
complete.
x Payment and NOI must be mailed to separate addresses.
x Did you know you can pay on line?
x Go to https://www3.tceq.texas.gov/epay/index.cfm
x Select Fee Type: GENERAL PERMIT MS4 PHASE II STORM WATER DISCHARGE
NOI APPLICATION
x Provide your payment information below, for verification of payment:
Mailed Check/Money Order No.:
Name Printed on Check:
EPAY Voucher No.:
Is the Payment Voucher copy attached? Yes
One (1) copy of the NOI and Stormwater Management Program (SWMP) with the
completed SWMP Cover Sheet MUST be submitted with the original NOI and
SWMP.
Is the copy attached? Yes
RENEWAL: Is this NOI a Renewal of an existing Phase II MS4 General Permit
Authorization?
(Note: An authorization cannot be renewed after June 11, 2014.)
Yes The existing authorization number is: TXR04
(If an authorization number is not provided, a new number will be
assigned.)
No
✔210942
✔
✔
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Item 10
TCEQ 20368 (Effective 12/13/2013, Form rev. 05/29/2014) Page 2
1) OPERATOR (Applicant)
a)If the applicant is currently a customer with TCEQ, what is the Customer Number (CN)
issued to this entity? You may search for your CN at:
http://www.tceq.texas.gov/goto/cr-customer
CN
b)What is the Legal Name of the entity (applicant) applying for this permit?
(The exact legal name must be provided.)
c)What is the contact information for the Operator (Applicant)? The mailing address must be
recognized by the US Postal Service. You may verify the address at:
https://tools.usps.com/go/ZipLookupAction!input.action
Prefix (Mr. Ms. Miss):
First/Last Name: __________________________ Suffix:
Title: Credential:
Phone Number: ________ Ext: Fax Number:________________
E-mail:
Mailing Address:
Internal Routing (Mail Code, Etc.):
City: State: ZIP Code:
If outside USA: Territory: Country Code: Postal Code:
d)Indicate the type of Customer (The instructions will help determine your customer type):
Federal Government State Government County Government
City Government Other Government
e)Number of Employees:
0-20; 21-100; 101-250; 251-500; or 501 or higher
2) ANNUAL BILLING CONTACT
The Operator is responsible for paying the annual fee. The annual fee will be assessed to
authorizations active on September 1 of each year. TCEQ will send a bill to the address provided
in this section. The Operator is responsible for terminating the permit when it is no longer
needed.
Is the billing contact and contact information the same as the Operator identified in Section 1)
above?
Yes, go to Section 3).
No, complete section below
Prefix (Mr. Ms. Miss):
First/Last Name: __________________________ Suffix:
Title: Credential:
Organization Name:
Phone Number: Ext: Fax Number:
E-mail:
Mailing Address:
Internal Routing (Mail Code, Etc.):
City: State: ZIP Code:
600652499
Town of Prosper
Mr.
Hulon T. Webb Jr, P.E.
Executive Director of Community and Development Services
(972) 569-1065 (972) 347-9006
hulon_webb@prospertx.gov
PO Box 307
Prosper TX 75078
✔
✔
✔
Mr.
Daniel Heischman P.E.
Senior Engineer
Town of Prosper
(972) 569-1096 (972) 347-9006
dan_heischman@prospertx.gov
PO Box 307
Prosper TX 75078
Item 10
TCEQ 20368 (Effective 12/13/2013, Form rev. 05/29/2014) Page 3
3) APPLICATION CONTACT
If TCEQ needs additional information regarding this application, who should be contacted?
Is the application contact and contact information the same as the Operator identified in
Section 1) above?
Yes, go to Section 4).
No, complete section below
Prefix (Mr. Ms. Miss):
First/Last Name: __________________________ Suffix:
Title: Credential:
Organization Name:
Phone Number: Ext: Fax Number:
E-mail:
Mailing Address:
Internal Routing (Mail Code, Etc.):
City: State: ZIP Code:
Mailing Information if outside USA:
Territory: Country Code: Postal Code:
4) REGULATED ENTITY (RE) INFORMATION
If the site of your business is part of a larger business site or if other businesses were located at
this site before yours, a Regulated Entity Number (RN) may already be assigned for the larger
site. Use the RN assigned for the larger site. Search TCEQ’s Central Registry to see if the larger
site may already be registered as a regulated site at:
http://www.tceq.texas.gov/goto/cr-searchrn
If the site is found, provide the assigned Regulated Entity Reference Number and provide the
information for the site to be authorized through this application below. The site information
for this authorization may vary from the larger site information.
a)TCEQ issued RE Reference Number (RN): RN
b)Name that is used to identify the small MS4 (Example: City of XXX MS4)
_____________________
c)Provide a brief description of the regulated MS4 boundaries: (Example: Area within the City
of XXXX limits that is located within the xxx (e.g. Dallas) urbanized area):
d)City where the largest residential population exists within the regulated MS4 boundaries:
e)ZIP code where the largest residential population exists within the regulated MS4
boundaries:
✔
Mr.
Daniel Heischman P.E.
Senior Engineer
Town of Prosper
(972) 569-1096 (972) 347-9006
dan_heischman@prospertx.gov
PO Box 307
Prosper TX 75078
101208932
Town of Prosper
Area within the Town of Prosper limits that is located within the McKinney urbanized area as
well the Dallas urbanized area per the 2010 Census
Prosper
75078
Item 10
TCEQ 20368 (Effective 12/13/2013, Form rev. 05/29/2014) Page 4
f)County where the largest residential population exists within the regulated MS4 boundaries:
_____________________
Is the MS4 located within additional counties?
Yes – If Yes, what county (or counties)?
No
g)Latitude: Longitude:
5) GENERAL CHARACTERISTICS
a)Is the project/site located on Indian Country Lands?
Yes – If Yes, you must obtain authorization through EPA, Region 6.
No
b)What is applicant’s Standard Industrial Classification (SIC) code?
SIC Code:
c)What is the category or level of the MS4 based on the population served?
Level 1: Operators of traditional small MS4s that serve a population of less than 10,000
within an urbanized area (UA).
Level 2: Operators of traditional small MS4s that serve a population of at least 10,000
but less than 40,000 within an UA.
This category also includes all non-traditional small MS4s such as counties,
drainage districts, transpiration entities, military bases, universities, colleges,
correctional institutions, municipal utility districts and other special districts
regardless of population served within the UA, unless the non-traditional MS4
can demonstrate that it meets the criteria for a waiver from permit coverage
based on the population served.
Level 3: Operators of traditional small MS4s that serve a population of at least 40,000
but less than 100,000 within an UA.
Level 4: Operators of traditional small MS4s that serve a population of 100,000 or
more within an UA.
d)Has TCEQ “designated” the small MS4 as needing coverage under this general permit?
N/A
Yes
No - If No and no portion of the small MS4 is located within an UA as determined by the
2000 or 2010 Decennial Census by the U.S Bureau of Census requiring a NOI be
submitted, the operator is not eligible for coverage under this general permit
through the NOI.
Collin
✔
Denton
33.23668 -95.797447
✔
9111
✔
✔
Item 10
TCEQ 20368 (Effective 12/13/2013, Form rev. 05/29/2014) Page 5
e)What is your annual reporting year?
Calendar year
MS4 general permit year
Fiscal year – If Fiscal year, what is the last day of the fiscal year?
f)Stormwater Management Program (SWMP)
1. I certify that the SWMP submitted with this Notice of Intent has been developed
according to the provisions of this general permit TXR040000.
Yes
No – If No, the application is considered incomplete and may be returned.
2. I certify that the SWMP Cover Sheet is completed and attached to the front of the SWMP.
Yes
No – If No, the application is considered incomplete and may be returned.
3. Who is the person responsible for implementing or coordinating implementation of the
SWMP? (Note: All contact information requested below is required.)
First/Last Name:
Title:
Company:
Phone Number: Ext: Fax Number:
E-mail:
Mailing Address:
Internal Routing (Mail Code, Etc.):
City: State: ZIP Code:
g)7th Minimum Control Measure (MCM) for Municipal Construction Activities
1. Is the MCM for authorization to discharge stormwater from municipal construction
activities included with the attached SWMP?
Yes – If Yes, what are the boundaries within which those activities will occur? (Note:
If the boundaries are located outside of the urbanized area, then the entire
SWMP must also incorporate the additional areas.)
No
2. Is the discharge or potential discharge from regulated construction activities within the
Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of
the Edwards Aquifer?
Yes – If Yes, please note that a copy of the agency approved Water Pollution
Abatement Plan (WPAP) required by the Edward Aquifer Rule (30 TAC
Chapter 213) must be either included or referenced in the construction
stormwater pollution prevention plan(s).
No
✔
✔
✔
Daniel Heischman
Senior Engineer
Town of Prosper
(972) 569-1096 (972) 347-9006
dan_heischman@prospertx.gov
PO Box 307
Prosper TX 75078
✔
✔
Item 10
TCEQ 20368 (Effective 12/13/2013, Form rev. 05/29/2014) Page 6
h)Discharge Information
1. What is the name of the water body (ies) receiving stormwater from the MS4?
2. What is the classified segment number(s) that receives discharges, directly or indirectly,
from the small MS4?
Do you discharge directly or indirectly?
3. Are any of the surface water body (ies) receiving discharges from the small MS4 on the
latest EPA-approved Clean Water Act (CWA) §303(d) list of impaired waters or the
Texas Integrated Report of Surface Water Quality for CWA Sections 305(b) and 303(d)?
Yes – If Yes:
What is the name of the impaired water body (ies) receiving the discharge from
the small MS4?
What is/are the pollutant(s) of concern?
No
4. Is the discharge into any other MS4 prior to discharge into surface water in the state?
Yes – If Yes, what is the name of the MS4 Operator?
No
i)Edwards Aquifer
Is the discharge or potential discharge from the MS4 within the Recharge Zone,
Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards
Aquifer?
Yes - If Yes, complete certification below by checking “Yes”.
No
I certify that a copy of the TCEQ approved WPAP required by the Edwards Aquifer
Rule (30 TAC Chapter 213) is either included or referenced in the SWMP.
Yes
Lewisville Lake and Lake Lavon
0821, 0823
indirectly
✔
Wilson Creek
bacteria 082ID_01
✔
✔
Item 10
TCEQ 20368 (Effective 12/13/2013, Form rev. 05/29/2014) Page 7
j)Public Participation Process
The Office of Chief Clerk will send the operator or person responsible for publishing, the
notice of the executive director’s preliminary determination of the NOI and SWMP, in a
newspaper of general circulation in the county where the small MS4 is located. If multiple
counties, notice must be published at least once in the newspaper of general circulation in
the county containing the largest resident population.
The applicant must file with the Chief Clerk a copy of an affidavit of the publication within
60 days of receiving the written instructions from the Office of Chief Clerk.
1. I will comply with the Public Participation requirements described in Part II.E.12 of the
general permit.
Yes
No – If No, coverage under this general permit is not obtainable.
2. Who is the person responsible for publishing notice of the executive director’s
preliminary determination on the NOI and SWMP? (Note: All contact information
requested below is required.)
First/Last Name:
Title:
Company:
Phone Number: Ext: Fax Number:
E-mail:
Mailing Address:
Internal Routing (Mail Code, Etc.):
City: State: ZIP Code:
3. What is the name and location of the public location where copies of the NOI and
SWMP, as well as the executive director’s general permit and fact sheet, may be
reviewed?
Name of Public Place:
Address of Public Place:
County of Public Place:
✔
Daniel Heischman
Senior Engineer
Town of Prosper
(972) 569-1096 (972) 347-9006
dan_heischman@prospertx.gov
PO Box 307
Prosper TX 75078
Development Services Building
407 E. First Street
Prosper, TX 75078
Collin
Item 10
TCEQ 20368 (Effective 12/13/2013, Form rev. 05/29/2014) Page 8
6) CERTIFICATION
Check Yes to the certifications below. Failure to indicate Yes to ALL items may result in denial
of coverage under the general permit.
a)I certify that I have obtained a copy and understand the terms and conditions
of the Phase II (Small) MS4 General Permit TXR040000. Yes
b)I certify that the small MS4 qualifies for coverage under the general permit
TXR040000. Yes
c)I understand that a Notice of Termination (NOT) must be submitted when this
authorization is no longer needed. Yes
d)I understand that authorization active on September 1st of each year will be
accessed an Annual Water Quality Fee. Yes
Operator Certification:
I,
Typed or printed name Title
certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations.
I further certify that I am authorized under 30 Texas Administrative Code §305.44 to sign
and submit this document, and can provide documentation in proof of such authorization upon
request.
Signature: Date:
(Use blue ink)
✔
✔
✔
✔
Hulon T. Webb, Jr Exec. Dir. of Dev. & Com. Services
Item 10
TCEQ-20368 Checklist (Effective 12/13/2013, Form rev. 05/29/2014) Page 1
NOTICE OF INTENT CHECKLIST (TXR040000)
x Did you complete everything? Use this checklist to be sure!
x Are you ready to mail your form to TCEQ? Go to the General Information Section of the
Instructions for mailing addresses.
This checklist is for use by the operator to ensure a complete application. Missing information
may result in denial of coverage under the general permit. (See NOI process description in the
Instructions)
Application Fee:
If paying by Check:
Check was mailed separately to the TCEQs Cashier’s Office. (See Instructions for
Cashier’s address and Application address.)
Check number and name on check is provided in this application.
If using ePay:
The voucher number is provided in this application or a copy of the voucher is attached.
AUTHORIZATION NUMBER:
Authorization number provided – if this application is for renewal of an existing
authorization.
OPERATOR INFORMATION - Confirm each item is complete:
Customer Number (CN) issued by TCEQ Central Registry
Legal name as filed to do business in Texas (Call TX SOS 512/463-5555)
Name and title of responsible authority signing the application
Mailing address is complete & verifiable with USPS. www.usps.com
Phone numbers/e-mail address
Type of operator (entity type)
Number of employees
Billing address is complete & verifiable with USPS. http://www.usps.com
REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE - Confirm each item is
complete:
MS4/Regulated Entity Name
Site description
Latitude and longitude http://www.tceq.texas.gov/gis/sqmaview.html
County
Site/project physical address. Do not use a rural route or post office box.
Business description
GENERAL CHARACTERISTICS - Confirm each item is complete:
Indian Country Lands –the facility is not on Indian Country Lands
Standard Industrial Classification (SIC) Code www.osha.gov/oshstats/sicser.html
Level of MS4
Qualifying TCEQ “Designated” small MS4
Annual Reporting Year
7th Minimum Control Measurement (MCM) for Municipal Construction Activities
Discharge information
Edwards Aquifer rule
Public participation information
CERTIFICATION
Certification statements have been checked indicating “Yes”
Signature meets 30 Texas Administrative Code (TAC) 305.44 and is original.
Stormwater Management Program (SWMP), and completed SWMP Cover Sheet are
attached to the NOI.
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
Item 10
TCEQ-20368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 05/29/2014) Page 1
STORMWATER MANAGEMENT PROGRAM (SWMP) COVER SHEET
Confirm Each Minimum Control Measure (MCM) Below is Included in the SWMP
This cover sheet MUST be completed by indicating the page number where the requested item
will be found in the SWMP. Provide the page number to the left of each item.
This cover sheet MUST be attached to the front of the SWMP.
Operator:
Operator name on NOI:
Assessment of program elements:
Program elements that were described in the previous permit have been assessed and
modified as necessary. New elements have been developed and implemented as necessary.
N/A, If newly regulated MS4.
MCM 1: Public Education, Outreach, and Involvement
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for all MS4s:
1. SWMP includes a stormwater education and outreach program to educate public
employees, business, and the general public about hazards associated with the
illegal discharges and improper disposal of waste and about the impacts
stormwater can have on water quality, and steps they can take to reduce
pollutants in stormwater.
2. Defines the goals and objectives of the program based on high-priority
community-wide issues.
3. Identifies the target audiences.
4. Appropriate educational material is developed or used.
5. Education material is distributed.
SWMP Lists Best Management Practices (BMPs) used to fulfill this MCM.
Examples of possible BMPs include, but are not limited to, the following:
x Classroom Education
x Use of media
x Education/Outreach for Commercial Activities
x Lawn and garden activities
x Promotional giveaways
x Water conservation practices for homeowners
x Outreach programs tailored to specific communities and children
x Stormwater educational materials
x Educational displays, pamphlets, booklets, and utility stuffers
x Webpage
x Storm drain stenciling
x Speakers to community groups
x Encouragement of proper lawn and garden care
x Encouragement of low impact development
x Support of pollution prevention for businesses
Town of Prosper
✔
3-7
4-7
4
4-7
4-7
4-7
Item 10
TCEQ-20368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 05/29/2014) Page 2
x Encouragement of water conservation practices
x Encouragement of pet waste management
x Stormwater hotlines
6. SWMP includes a program that complies with state and local public notice
requirements.
7. May include using public input in the implementation of the program.
8. May include opportunities for citizen to participate in implementation of control
measures.
9. Ensure the public easily can find information about the SWMP.
SWMP Lists Best Management Practices (BMPs) used to fulfill this MCM.
Examples of possible BMPs include, but are not limited to, the following:
x Stakeholder meetings
x Community hotline
x Coordination with school groups/scouting
x Listserver
x Stream cleanup and monitoring
x Adopt-A-Stream programs
x Incentives for businesses to participate, such as web links
x Volunteer monitoring
x Watershed Organization
x Storm drain stenciling programs
x Advisory/partner committees
x Mailing list development and use
x Reforestation programs
x Wetland plantings
x Coordinate volunteer programs.
SWMP includes measureable goals, and the method of measurement, for addressing
stormwater quality
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
MCM 2: Illicit Discharge Detection and Elimination
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for all MS4s:
1. Description of program that will be used to detect, investigate and eliminate illicit
discharges
2. MS4 map:
a. Location of all small MS4 outfalls operated by the MS4 and that discharge
into waters of the U.S.
b. Location and name of all surface waters receiving discharge from the
MS4s outfalls.
c. Priority areas, if applicable.
3. Methods for informing and training MS4 field staff.
4. Procedures for tracing the source of an illicit discharge.
4-7
4-7
6-7
6-7
5-6, 24
6-7
4-7
4-7
7-9
10
10-11
10-11
Item 10
TCEQ-20368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 05/29/2014) Page 3
5. Procedures for removing the source of the illicit discharge.
6. Facilitate public reporting of illicit discharges of water quality impacts associated
with discharges into or from the small MS4.
7. Procedures for responding to illicit discharges and spills.
8. Inspections in response to complaints.
Additional Requirements for Level 2, 3, and 4 small MS4s:
For Level 2, 3, and 4 small MS4, procedures to prevent and correct leaking on-site
sewage disposal systems.
Additional Requirements for Level 3 and 4 small MS4s:
Follow-up investigation after the illicit discharge has been eliminated.
Additional Requirements for Level 4 small MS4s:
1. Procedures for identifying and creating a list of priority areas within the small
MS4s likely to have illicit discharges.
2. Implement a dry weather field screening program to assist in detecting and
eliminating illicit discharges to the small MS4.
SWMP Lists Best Management Practices (BMPs) used to fulfill this MCM.
Examples of possible BMPs may include the following:
x List of non-stormwater discharges that will not be considered illicit
x Procedures to address illegal dumping
x Hazardous materials disposal opportunities
x Industrial/Business connections
x Addressing wastewater connections to MS4
x Addressing recreational sewage (boats/camping/etc.)
x System inspections
x Dye testing
x Recycling programs
x Informing public/employees/businesses of hazards associated with illicit
discharges
x Identification of illicit discharges
x Used oil collection centers
x Public outreach and education programs regarding illicit discharges
x Publicize and facilitate public reporting
SWMP includes measureable goals, and the method of measurement, for addressing
stormwater quality.
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
MCM 3: Construction Site Stormwater Runoff Control
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
10
11
10-11
10-11
10-11
n/a
n/a
9-11
9-11
9-11
Item 10
TCEQ-20368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 05/29/2014) Page 4
Requirements for all MS4s:
1. Description of program that will be developed, implemented and enforced, to
address stormwater runoff from construction once acre and greater (including
larger common plan).
2. Ordinance or other regulatory mechanism to require erosion and sediment
controls, as well as sanctions to ensure compliance, to the extent allowable under
state and local law.
3. Program requires construction site operators to implement erosion and sediment
control – BMPs to minimize the discharge of pollutants.
a. Program requires soil stabilization measures, and implementation of
BMPs to control pollutants from equipment and vehicle washing and
other wash waters.
b. Program requires operators to minimize exposure to stormwater of
building materials, building products, construction wastes, trash,
landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary
waste, and other materials.
c. Minimize the discharge of pollutants from spills and leaks. As an
alternative, ensure that the construction site has developed a stormwater
pollution prevention plan in accordance with the TPDES Construction
General Permit TXR150000.
4. Program prohibits illicit discharges such as wash out wastewater, fuels, oils,
soaps, solvents, and dewatering activities.
5. Procedures for construction site plan review to consider water quality impacts.
6. Procedures for construction site inspections and enforcement of control
measures, to the extent allowable under state and local law.
7. Procedures for receipt and consideration of information submitted by the public.
8. Procedures for MS4 staff training.
Additional Requirements for Level 3, and 4 small MS4s:
Includes an inventory of all permitted active construction sites greater than one acre
or less than one acre if part of a larger common plan of development.
SWMP lists BMPs used to fulfill this MCM. Examples may include:
x Requirement to comply with TPDES CGP
x Notification to discharger of responsibilities under TPDES CGP
x Hire staff to review construction site plans
x Provide a web page for public input on construction activities
x Require overall construction site waste management
x Perform site inspections and enforcement
x Provide education and training for construction site operators
x Notify dischargers of requirement to obtain TPDES permit coverage
x Mechanism to prohibit discharges into MS4 where necessary
SWMP includes measurable goals, and the method of measurement, for addressing
stormwater quality.
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
11-14
14
14-15
14-15
14-15
15
15
15
n/a
14-15
11-15
14-15
Item 10
TCEQ-20368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 05/29/2014) Page 5
MCM 4: Post-Construction Stormwater Management in New Development and Redevelopment
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for all MS4s:
1. Description of program that will be developed, implemented and enforced, to
address stormwater runoff from new development and redeveloped sites that
discharge into the small MS4 that disturb one acre or more, including projects
that disturb less than one acre that are part of a larger common plan of
development or sale.
2. Ordinance or other regulatory mechanism is in place or planned which will
regulate discharges from new development and redevelopment projects.
3. Establish, implement, and enforce a requirement that owners or operators of new
development and redeveloped sites design, install, implement, and maintain a
combination of structural and non-structural BMPs appropriate for the
community and that protects water quality.
4. Document and maintain records of enforcement actions.
5. Long-term operation and maintenance of post construction stormwater control
measures is addressed.
6. Operation and maintenance is documented.
Additional Requirements for Level 4 small MS4s:
1. Develop and implement an inspection program to ensure that all post
construction stormwater control measures are operating correctly and are being
maintained.
2. Inspections are documented.
SWMP lists BMPs used to fulfill this MCM. Examples may include:
x Local ordinance in place or planned
x Guidance document for developers to utilize
x Specific BMPs established for particular watersheds
x List of appropriate BMPs provided to operators
x Elimination of curbs and gutters is encouraged
x Zoning takes into account stormwater issues
x Incentives for use of permeable choices, such as porous pavement
x Requirements for wet ponds or other BMPs for certain size sites
x Xeriscaping
SWMP includes measurable goals, and the method of measurement, for addressing
stormwater quality.
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
15-17
17
17
17, 24
17
17
n/a
17
17
17
Item 10
TCEQ-20368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 05/29/2014) Page 6
MCM 5: Pollution Prevention and Good Housekeeping for Municipal Operations
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for all MS4s:
1. An operation and maintenance (O&M) program, including an employee training
component, in place or scheduled, to reduce/prevent pollution from municipal
activities and municipally owned areas included but not limited to park and open
space maintenance; street, road, or highway maintenance; fleet and building
maintenance; stormwater system maintenance; new construction and land
disturbances; municipal parking lots; vehicle and equipment maintenance and
storage yards; waste transfer stations; and salt/sand storage locations.
2. Develop and maintain an inventory of the MS4’s facilities and stormwater
controls.
3. Inform or train staff involved in good housekeeping practices.
4. Waste from the MS4 is removed and properly disposed.
5. Contractors hired by the MS4 must be required to comply with operating
procedures.
a. MS4 develop contractor oversight procedures.
6. MS4 evaluates O&M activities for their potential to discharge pollutants in
stormwater for road and parking lot maintenance, bridge maintenance, cold
weather operations, and right-of-way maintenance etc.
a. MS4 identifies pollutants of concern that could be discharged from the
O&M activities.
b. MS4s develop and implement pollution prevention measures that will
reduce discharge of pollutants from O&M activities.
c. MS4s inspects pollution prevention measures at MS4 facilities.
7. MS4 maintains structural controls.
Additional requirements for Level 3 and 4 small MS4s:
1. Storm sewer system O&M.
a. MS4 develops and implements an O&M program to reduce the collection
of pollutants in catch basins and other surface structures.
b. MS4 develops a list of potential problem areas for increased inspection
(for example, areas with recurrent illegal dumping).
2. Implement an O&M program to reduce discharge of pollutants from roads that
might include a street sweeping and cleaning program, or inlet protection. The
program includes an implementation schedule and a waste disposal procedure.
3. MS4 map identify MS4 facilities and stormwater controls.
4. MS4 assess its facilities for their potential to discharge pollutants into
stormwater.
a. The MS4 identifies high priority facilities that have a high potential to
generate stormwater pollutants. At a minimum, facilities include the
MS4s maintenance yards, hazardous waste facilities, fuel storage
locations, and any other facilities at which chemicals or other materials
have a high potential to be discharge in stormwater.
b. The MS4 documents the result of the assessments.
5. The MS4 develops stormwater management Standard Operation Procedures for
high priority facilities.
6. The MS4 implements stormwater controls at high priority facilities that address:
a. Good housekeeping
18-23
22-23
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23
22
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n/a
n/a
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n/a
n/a
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b. De-icing and anti-icing storage
c. Fueling operations and vehicle maintenance
d. Equipment and vehicle washing
7. The MS4 develops and implements an inspection program that includes high
priority facilities.
Additional requirements for Level 4 small MS4s:
MS4 has an application and management program for pesticides, herbicides, and
fertilizers that address:
a. Evaluating materials and activities used at public open spaces.
b. Implementing the following practices to minimize generating pollutants
related to landscaping.
i. Education for applicators and distributers
ii. Encouragement of non-chemical solutions for pest management
c. Development of schedules that minimizes discharge of pollutants.
d. Ensuring collection and proper disposal of unused pesticides, herbicides,
and fertilizers.
SWMP lists BMPs used to fulfill this MCM. Examples may include:
x BMPs which address fleet vehicle maintenance/washing
x BMPs which address parking lot and street cleaning
x Catch basin and storm drain system cleaning
x Landscaping and lawn care (e.g. xeriscaping)
x Waste materials management
x Road salt application and storage practices
x Used oil recycling
x Pest management practices
x Fire training facilities
x BMPs which address roadway and bridge maintenance
x Golf course maintenance/waste disposal
x Disposal of cigarette butts
x Park maintenance (e.g., providing trash bags)
SWMP includes measurable goals, and the method of measurement, for addressing
stormwater quality.
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
MCM 6: Industrial Stormwater Sources
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for Level 4 MS4 only:
Program to identify and control industrial stormwater sources that at least includes:
a. MS4 landfills, other treatment, storage, or disposal facilities for municipal
waste, hazardous waste treatment, storage, disposal and recovery facilities
and facilities that are subject to Emergency Planning and Community Right-
to-Know Act (EPCRA).
b. Priorities and procedures for inspections and for implementing control
measures for such discharges.
n/a
n/a
n/a
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Optional 7th MCM: Municipal Construction Activities (only available within the regulated area
where the MS4 operator meets the definition of construction site operator)
Page # (s) – Provide the page number (s) to the left of each item.
If this MCM is applicable, the SWMP includes the following information:
1. Description of how construction activities will generally be conducted so as to
take into consideration local conditions of weather, soils, and other site specific
considerations.
2. Description of the area that this MCM will address and where the MS4 operator’s
construction activities are covered (e.g. within the boundary of the urbanized
area, the corporate boundary, a special district boundary, an extra territorial
jurisdiction, or other similar jurisdictional boundary).
3. If the area included in this MCM includes areas outside of the UA, then all MCMs
will be implemented over those additional areas as well.
4. Description provided for one of the following:
a.How contractor activities will be supervised or overseen to ensure that the
Stormwater Pollution Prevention Plan (SWP3) requirements are properly
implemented at the construction site(s); or
b.How the MS4 operator will make certain that contractors have a separate
authorization for stormwater discharges if needed.
5. General description of how a construction SWP3 will be developed for each
construction site.
6. Records of municipal construction activities authorized under this optional
MCM.
n/a
n/a
n/a
n/a
n/a
n/a
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Notice of Intent (NOI) for Stormwater Discharges from Small
Municipal Separate Storm Sewer Systems (MS4) under the
TPDES Phase II MS4 General Permit (TXR040000)
General Information and Instructions
GENERAL INFORMATION
Where to Send the Notice of Intent (NOI):
BY REGULAR U.S. MAIL:
Texas Commission on Environmental Quality
Applications Review and Processing Team
(MC-148)
P.O. Box 13087
Austin, Texas 78711-3087
BY OVERNIGHT/EXPRESS MAIL:
Texas Commission on Environmental Quality
Applications Review and Processing Team
(MC-148)
12100 Park 35 Circle
Austin, TX 78753
TCEQ Contact List:
Small Business and Local Government Assistance 800/447-2827
Application – status and form questions: 512/239-4671
Technical questions: 512/239-4671
Environmental Law Division: 512/239-0600
Records Management - obtain copies of forms: 512/239-0900
Reports from databases (as available): 512/239-DATA (3282)
Cashier’s office: 512/239-0357 or 512/239-0187
Notice of Intent Process:
When your NOI and SWMP is received by the program, the form will be processed as follows:
1)Administrative Review: Each item on the form will be reviewed for a complete response.
In addition, the operator’s legal name must be verified with Texas Secretary of State as valid
and active (if applicable). The address(s) on the form must be verified with the US Postal
service as receiving regular mail delivery. Never give an overnight/express mailing address.
An application will not be declared administratively complete or approved if delinquent fees
and/or penalties of $25 or more are owed to the TCEQ. All such fees must be paid prior to
approval of the NOI.
2)Notice of Deficiency: If an item is incomplete or not verifiable as indicated above, a
notice of deficiency (NOD) will be mailed to the operator. The operator will have 30 days to
respond to the NOD. The response will be reviewed for completeness.
3)Technical Review of SWMP: More information may be requested by phone or technical
NOD letter mailed to the SWMP contact. The executive director’s preliminary
determination on the NOI and SWMP will be prepared and filed with the TCEQ Chief Clerk.
4)Public Participation Process: The TCEQ Chief Clerk will mail written instructions for
publishing the executive director’s preliminary determination on the NOI and SWMP at
least once in the newspaper of general circulation in the county where the small MS4 is
located. If applicable, a public meeting may be held.
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5)Acknowledgment of Coverage: An Acknowledgment Certificate will be mailed to the
operator. This certificate acknowledges coverage under the general permit.
-or-
Denial of Coverage: Coverage may be denied if the operator fails to respond to the NOD,
the response is inadequate, or find the NOI and SWMP do not meet the requirements of this
general permit. If coverage is denied, the operator will be notified.
General Permit
Coverage under the general permit begins upon approval of the NOI and the SWMP by TCEQ
and after the public notice process has been completed. You should have a copy of the general
permit when submitting your application. You may view and print the permit for which you are
seeking coverage, on the TCEQ web site http://www.tceq.texas.gov. Search using key word
TXR040000.
General Permit Forms
The Notice of Intent (NOI), Notice of Termination (NOT), and Notice of Change (NOC)
(including instructions) are available in Adobe Acrobat PDF format on the TCEQ web site
http://www.tceq.texas.gov.
Change in Operator
An authorization under the general permit is not transferable. If the operator of the regulated
entity changes, the present permittee must submit a Notice of Termination and the new
operator must submit a Notice of Intent. The NOT and NOI must be submitted concurrently not
more than ten (10) calendar days after the change occurs.
TCEQ Central Registry Core Data Form
The Core Data Form has been incorporated into this form. Do not send a Core Data Form to
TCEQ. After final acknowledgment of coverage under the general permit, the program will
assign a Customer Number and Regulated Entity Number.
You can find the information on the Central Registry web site at
http://www15.tceq.texas.gov/crpub/ . You can search by the Regulated Entity (RN), Customer
Number (CN) or Name (Permittee), or by your authorization number under the search field
labeled Additional ID. Capitalize all letters in the authorization number.
The Customer (Permittee) is responsible for providing consistent information to the TCEQ, and
for updating all CN and RN data for all authorizations as changes occur. For General Permits, a
Notice of Change form must be submitted to the program area.
Fees associated with a General Permit
Payment of the fee may be made by check or money order, payable to TCEQ, or through EPAY
(electronic payment through the web).
Application Fee: This fee is required to be paid at the time the NOI is submitted. Failure to
submit payment at the time the application is filed will cause delays in acknowledgment or
denial of coverage under the general permit.
Mailed Payments:
Payment must be mailed under separate cover at one of the addresses below using the
attached Application Fee submittal form. (DO NOT SEND A COPY OF THE NOI WITH
THE APPLICATION FEE SUBMITTAL FORM)
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BY REGULAR U.S. MAIL BY OVERNIGHT/EXPRESS MAIL
Texas Commission on Environmental Quality Texas Commission on Environmental Quality
Financial Administration Division Financial Administration Division
Cashier’s Office, MC-214 Cashier’s Office, MC-214
P.O. Box 13088 12100 Park 35 Circles
Austin, TX 78711-3088 Austin, TX 78753
ePAY Electronic Payment: http://www.tceq.texas.gov/epay
When making the payment you must select Water Quality, and then select the fee category
“General Permit MS4 Phase II Stormwater Discharge NOI Application”. You must include
a copy of the payment voucher with your NOI. Your NOI will not be considered complete
without the payment voucher.
Annual Water Quality Fee: This fee is assessed to permittees with an active
authorization under the general permit on September 1 of each year. The designated billing
contact will receive an invoice for payment of the annual fee in December of each year. The
payment will be due 30 days from the invoice date. A 5% penalty will be assessed if the payment
is received by TCEQ after the due date. Annual fee assessments cannot be waived as long as the
authorization under the general permit is active on September 1.
It’s important for the permittees to submit a Notice of Termination (NOT) when coverage under
the general permit is no longer required. A NOT is effective on the postmarked date of mailing
the form to TCEQ. It is recommended that the NOT be mailed using a method that documents
the date mailed and received by TCEQ.
Mailed Payments:
You must return your payment with the billing coupon provided with the billing statement.
ePAY Electronic Payment: http://www.tceq.texas.gov/epay
You must enter your account number provided at the top portion of your billing statement.
Payment methods include American Express, MasterCard, Visa, and electronic check
payment (ACH).
INSTRUCTIONS FOR FILLING OUT THE NOI FORM
Renewal of General Permit: Dischargers holding active authorizations under the expired
General Permit are required to submit a NOI to continue coverage. The existing authorization
number is required. If the authorization number is not provided or has been terminated,
expired, or denied a new permit number will be issued.
1) OPERATOR (Applicant)
a) Enter assigned Customer Number (CN)
TCEQ’s Central Registry will assign each customer a number that begins with CN, followed by
nine digits. This is not an authorization number, registration number, or license
number.
If this customer has not been assigned a CN, leave the space for the CN blank. If this customer
has already been assigned this number, enter the permittee’s CN.
b) Legal Name
Provide the current legal name of the permittee.
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c) Operator Contact Information
Provide the first and last name, and the title of the Operator (Applicant) Contact.
Provide a complete mailing address for receiving mail from the TCEQ. The address must be
verifiable with the US Postal Service at http://www.usps.com for regular mail delivery (not
overnight express mail). If you find that the address is not verifiable using the USPS web search,
please indicate the address is used by the USPS for regular mail delivery.
The area code and phone number should provide contact to the operator. Leave Extension
blank if not applicable.
The fax number and e-mail address are optional and should correspond to the operator.
d) Type of Customer (Entity Type)
Check only one box that identifies the type of entity. Use the descriptions below to identify the
appropriate entity type. Note that the selected entity type also indicates the name that must be
provided as an applicant for a permit, registration or authorization.
Government
Federal, state, county, or city government (as appropriate)
The customer is either an agency of one of these levels of government or the
governmental body itself. The government agency’s ‘legal name’ must be provided as the
applicant. A department name or other description of the organization should not be
included as a part of the ‘legal name’ as applicant.
Other Government
A utility district, water district, tribal government, college district, council of
governments, or river authority. Write in the specific type of government.
e) Number of Employees
Check one box to show the number of employees for this customer’s entire company, at all
locations. This is not necessarily the number of employees at the site named in the application.
2) ANNUAL BILLING CONTACT
An annual fee is assessed to each operator holding an active authorization under the general
permit on September 1 of each year. Provide the complete mailing address where the annual fee
invoice should be mailed. Verify the address with the USPS. It must be an address for delivery
of regular mail, not overnight express mail. Also, provide a phone number of the operator’s
representative responsible for payment of the invoice.
3) APPLICATION CONTACT
Provide the name, title, and contact information of the person that TCEQ can contact for
additional information regarding this application. This contact may be a consultant or entity
other than the applicant.
4) REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE
a) Regulated Entity Reference Number (RN)
A number issued by TCEQ’s Central Registry to sites (a location where a regulated activity
occurs) regulated by TCEQ. This is not an authorization number, registration number, or
license number. If this regulated entity has not been assigned an RN, leave this space blank.
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If the site of your business is part of a larger business site, a Regulated Entity Number (RN) may
already be assigned for the larger site. Use the RN assigned for the larger site. Search TCEQ’s
Central Registry to see if the larger site may already be registered as a regulated site at:
http://www.tceq.texas.gov/goto/cr-searchrn
If the site is found, provide the assigned Regulated Entity Reference Number (RN) and provide
the information for the site to be authorized through this application. The site information for
this authorization may vary from the larger site information.
An example is a chemical plant where a unit is owned or operated by a separate corporation that
is accessible by the same physical address of your unit or facility. Other examples include
industrial parks identified by one common address but different corporations have control of
defined areas within the site. In both cases, an RN would be assigned for the physical address
location and the permitted sites would be identified separately under the same RN.
b) Site/Project Name/Regulated Entity
Provide the name of the site as known by the public in the area where the site is located. The
name you provide on this application will be used in the TCEQ Central Registry as the Regulated
Entity name.
c) Describe the boundaries of the regulated portion of the small MS4.
In your own words, briefly describe the boundaries of the regulated portion of the small MS4.
Do not repeat the SIC Code description.
d)Provide the city where the largest residential population exists within the regulated MS4
boundaries. If there is no city within the boundaries of the MS4, provide the name of the
nearest city.
e)Provide the ZIP code where the largest residential population exists within the regulated
MS4 boundaries.
f) County
Identify the county or counties in which the regulated entity is located.
g) Latitude and Longitude
Enter the latitude and longitude of the site in degrees, minutes, and seconds or decimal form.
For help obtaining the latitude and longitude, go to:
http://www.tceq.texas.gov/gis/sqmaview.html or http://nationalmap.gov/ustopo
5) GENERAL CHARACTERISTICS
a) Indian Country Lands
If your site is located on Indian Country Lands, the TCEQ does not have authority to process
your application. You must obtain authorization through EPA, Region 6, Dallas. Do not submit
this form to TCEQ.
Indian Country means (1) all land within the limits of any American Indian reservation under
the jurisdiction of the U.S. government, notwithstanding the issuance of any patent, and
including rights-of-way running throughout the reservation; (2) all dependent Indian
communities within the borders of the United States whether within the original or
subsequently acquired territory thereof, and whether within or outside the limits of a State; and
(3) all Indian allotments, the Indian titles which have not been extinguished, including rights-
of-way running through the same.
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Indian Tribe means any Indian Tribe, band, nation, or community recognized by the Secretary
of the Interior and exercising substantial governmental duties and powers.
b) Standard Industrial Classification (SIC) code
Provide the SIC code that best describes the operator’s primary business. Common SIC Codes
are provided below. For help with SIC codes, go to: www.osha.gov/oshstats/sicser.html
9111 - Executive offices (such as for a city, county, ect.)
8221 - Colleges, Universities, and Professional Schools
8222 - Junior Colleges and Technical Institutes
9621 - Regulation and Administration of Transportation Programs
4111 - Local and Suburban Transit
4952 - Sewerage Systems
4971 - Irrigation Systems
9223 - Correctional Institutions
9511 - Air and Water Resource and Solid Waste Management (including flood control,
drainage development, etc.)
c) Category or level of the MS4
The general permit defines MS4s by four different categories or levels, based on the population
served within the 2010 UA. “Population served” means the residential population within the
regulated portion of the small MS4 based on the 2010 Census, except for non-traditional small
MS4s.
A reference map identifying the 2010 Census UAs can be found at
www.epa.gov/npdes/stormwater/urbanmaps
d) TCEQ “Designated” small MS4
A small MS4 that is outside of urbanized area that is “designated” by TCEQ is eligible for
coverage under this general permit. The small MS4 Operator must obtain authorization under
this general permit or apply for coverage under an individual TPDES stormwater permit within
180 days of notification of their designation.
Information about urbanized areas (UAs) and a link to the UA maps are found on the EPAs
website at: http://cfpub1.epa.gov/npdes/stormwater/urbanmaps.cfm
e) Annual Reporting Year
The annual report must address the previous reporting year. The selected reporting year cannot
be changed during the permit year.
1. The first reporting year begins on the permit effective date (December 13, 2013) and lasts
for a period of one (1) year.
2. If the MS4 selects the fiscal year, the first reporting year will last until the end of the
fiscal year following the end of the first permit year.
3. If the MS4 selects the calendar year then the first reporting year will last until December
31, 2014.
f) SWMP
1. The NOI must include the SWMP when submitted to TCEQ for processing, and the
Operator is required to certify the SWMP has been developed according to the general
permit. Also, the SWMP Cover Sheet must be completed and placed to the front of the
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SWMP. When completing the SWMP Cover Sheet, be sure to enter the page number
and/or page range for each item under an MCM.
2. The general permit requires the name, address, phone number and fax number of the
designated person responsible for implementing and coordinating implementation of the
SWMP. All information is required with an exception of email, however, this
information is desired.
Changes to the SWMP may require TCEQ approval. Changes must be submitted by Notice
of Change to the same address as the NOI. Notice of Change will either be automatically
approved or additional information may be request before approval.
g) 7
th Minimum Control Measure (MCM)
1. Indicate if the municipality is seeking coverage under this general permit for municipal
construction activities where the municipality meets the definition of “construction site
operator”.
2. If authorization for municipal construction activities is proposed in this NOI the
developed MCM must be included with the SWMP and the NOI must include a
description of the boundaries covered in the MCM. The area included for this MCM
must include only the regulated MS4 area; or it may include additional areas of the MS4
if all other MCMs are implemented over the additional area as well.
This coverage may be obtained after the original NOI is approved. This may be
accomplished by submitting a Notice of Change that includes the developed MCM and a
description of the proposed municipal construction activity boundaries addressed in the
MCM.If the MS4 operator proposes to include additional areas outside of the regulated
MS4, then the Notice of Change must also indicate that the MS4 operator will
implement the entire SWMP over the additional areas.
3. If the discharge or potential discharge from regulated construction activities is within
the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone
of the Edwards Aquifer, then additional requirements may exist under the Edwards
Aquifer Protection Program (30 TAC Chapter 213). For construction activities that will
be regulated under TXR040000, the approved Contributing Zone Plan or Water
Pollution Abatement Plan must be included or referenced as part of the construction
site stormwater pollution prevention plan. For other activities regulated under 30 TAC
Chapter 213, information must be included in the SWMP. Compliance with any
Edwards Aquifer requirements is required in addition to the requirements of this
general permit.
h) Discharge Information
1. The stormwater may be discharged directly to a receiving stream or through another
MS4* from your MS4. It eventually reaches a receiving water body such as a local
stream or lake, possibly via a drainage ditch. You must provide the name of the surface
water body that receives the discharge from the site (a local stream or lake). Please note
that this general permit does not grant permission to use another MS4 as a conveyance
of stormwater and certain non-storm water discharges along the discharge route.
2. Identify the classified segment number(s) receiving a discharge directly or indirectly.
Go to the link below to find the segment number of the classified water body where
wastewater would flow: www.tceq.texas.gov/publications/gi/gi-316
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3. Identify any surface water bodies receiving discharges from the small MS4 that are on
the latest EPA-approved CWA § 303(d) list of impaired waters or the Texas Integrated
Report of Surface Water Quality for CWA Sections 305(b) and 303(d).
The EPA approved CWA 303(d) list of impaired waters and Texas Integrated Report of
Surface Water Quality for CWA Section 305(b) and 303(d) can be found at:
http://www.tceq.texas.gov/waterquality/assessment/305_303.html
4. Identify the MS4* Operator name if the stormwater discharge is into an MS4.
*MS4 is an acronym for Municipal separate storm sewer system. MS4 is defined as
a separate storm sewer system owned or operated by a state, city, town, county, district,
association, or other public body (created by or pursuant to state law) having jurisdiction over
disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts
under state law such as a sewer district, flood control or drainage district, or similar entity, or an
Indian tribe or an authorized Indian tribal organization, that discharges to water in the state.
For assistance, you may call the technical staff of the Water Quality Assessment & Standards
Section at 512/239-4671.
i) Edwards Aquifer Rule
See maps on the TCEQ website to determine if the site is located within the Recharge Zone,
Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer at
http://www.tceq.texas.gov/field/eapp/viewer.html
If the discharge or potential discharge is within the Recharge Zone, Contributing Zone, or
Contributing Zone within the Transition Zone of the Edwards Aquifer, then additional
requirements may exist under the Edwards Aquifer Protection Program (30 TAC Chapter 213).
For activities regulated under 30 TAC Chapter 213, any required plans must be included in the
SWMP. Compliance with any Edwards Aquifer requirements is required in addition to the
requirements of this general permit.
j) Public Participation
The applicant must indicate on the NOI that it will comply with the public participation
requirements described in Part II.D.12 of the general permit. The person responsible for
receiving the information from the TCEQ Chief Clerk for publishing in the newspaper must be
identified and all contact information must be provided.
After review of the NOI and SWMP is completed, the Office of Chief Clerk will mail the
Executive Director’s preliminary determination to the contact provided in the NOI for
publishing in the newspaper of largest circulation in the county of the small MS4.
The comment period begins on the first date the notice is published and ends 30 days later,
unless a public meeting is held. If a public meeting is held it will end at the closing of the public
meeting.
The applicant must file with the Chief Clerk a copy and an affidavit of the publication of
notice(s) within 60 days of receiving the written instructions from the Office of Chief Clerk.
If significant public interest exists, the executive director will direct the applicant to publish
notice of the meeting and to hold the public meeting. The applicant must publish the notice of
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public meeting at least 30 days prior to the public meeting and hold the meeting in the county
where the MS4 is located.
6) CERTIFICATIONS
Failure to indicate Yes to ALL of the certification items may result in denial of coverage under
the general permit.
Operator Certification:
The certification must bear an original signature of a person meeting the signatory requirements
specified under 30 Texas Administrative Code (TAC) §305.44.
IF YOU ARE A CORPORATION:
The regulation that controls who may sign an NOI or similar form is 30 Texas Administrative
Code §305.44(a)(1) (see below). According to this code provision, any corporate representative
may sign an NOI or similar form so long as the authority to sign such a document has been
delegated to that person in accordance with corporate procedures. By signing the NOI or similar
form, you are certifying that such authority has been delegated to you. The TCEQ may request
documentation evidencing such authority.
IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY:
The regulation that controls who may sign an NOI or similar form is 30 Texas Administrative
Code §305.44(a)(3) (see below). According to this code provision, only a ranking elected official
or principal executive officer may sign an NOI or similar form. Persons such as the City Mayor
or County Commissioner will be considered ranking elected officials. In order to identify the
principal executive officer of your government entity, it may be beneficial to consult your city
charter, county or city ordinances, or the Texas statute(s) under which your government entity
was formed. An NOI or similar document that is signed by a government official who is not a
ranking elected official or principal executive officer does not conform to §305.44(a)(3). The
signatory requirement may not be delegated to a government representative other than those
identified in the regulation. By signing the NOI or similar form, you are certifying that you are
either a ranking elected official or principal executive officer as required by the administrative
code. Documentation demonstrating your position as a ranking elected official or principal
executive officer may be requested by the TCEQ.
If you have any questions or need additional information concerning the signatory requirements
discussed above, please contact the Texas Commission on Environmental Quality’s
Environmental Law Division at (512)239-0600.
30 Texas Administrative Code
§305.44. Signatories to Applications
(a) All applications shall be signed as follows.
(1) For a corporation, the application shall be signed by a responsible corporate
officer. For purposes of this paragraph, a responsible corporate officer means a president,
secretary, treasurer, or vice-president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision-making functions for the
corporation; or the manager of one or more manufacturing, production, or operating facilities
employing more than 250 persons or having gross annual sales or expenditures exceeding $25
million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures. Corporate procedures
governing authority to sign permit or post-closure order applications may provide for
assignment or delegation to applicable corporate positions rather than to specific individuals.
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TCEQ-20368 Instructions (Effective 12/13/2013, Form rev. 05/29/2014) Page 10
(2) For a partnership or sole proprietorship, the application shall be signed by a
general partner or the proprietor, respectively.
(3) For a municipality, state, federal, or other public agency, the application shall
be signed by either a principal executive officer or a ranking elected official. For purposes of this
paragraph, a principal executive officer of a federal agency includes the chief executive officer of
the agency, or a senior executive officer having responsibility for the overall operations of a
principal geographic unit of the agency (e.g., regional administrator of the EPA).
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TCEQ-20134 (04/13/2006) Page 1
Texas Commission on Environmental Quality
General Permit Payment Submittal Form
Use this form to submit your Application Fee only if you are mailing your payment.
x Complete items 1 through 5 below:
x Staple your check in the space provided at the bottom of this document.
x Do not mail this form with your NOI form.
x Do not mail this form to the same address as your NOI.
Mail this form and your check to:
BY REGULAR U.S. MAIL
Texas Commission on Environmental
Quality
Financial Administration Division
Cashier’s Office, MC-214
P.O. Box 13088
Austin, TX 78711-3088
BY OVERNIGHT/EXPRESS MAIL
Texas Commission on Environmental
Quality
Financial Administration Division
Cashier’s Office, MC-214
12100 Park 35 Circle
Austin, TX 78753
Fee Code: GPA General Permit: TXR040000
1.Check / Money Order No:
2.Amount of Check/Money Order:
3.Date of Check or Money Order:
4.Name on Check or Money Order:
5. NOI INFORMATION
If the check is for more than one NOI, list each Project/Site (RE) Name and Physical
Address exactly as provided on the NOI. DO NOT SUBMIT A COPY OF THE NOI WITH
THIS FORM AS IT COULD CAUSE DUPLICATE PERMIT ENTRIES.
See Attached List of Sites (If more space is needed, you may attach a list.)
Project/Site (RE) Name:
Project/Site (RE) Physical Address:
Staple Check in This Space
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APPENDIX C ANNUAL REPORT FORMS
To be developed after public input using TCEQ Template
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APPENDIX D COMMON USED ACRONYMS
BMP Best Management Practice
CFR Code of Federal Regulations
CGP Construction General Permit, TXR150000
CWA Clean Water Act
EPA Environmental Protection Agency
FR Federal Register
MCM Minimum Control Measure
MSGP Multi-Sector General Permit, TXR050000
MS4 Municipal Separate Storm Sewer System
NOC Notice of Change
NOI Notice of Intent
NOT Notice of Termination (to terminate coverage under a general permit)
NPDES National Pollutant Discharge Elimination System
SWMP Stormwater Management Program
SWP3, SWPPP Stormwater Pollution Prevention Plan
TAC Texas Administrative Code
TCEQ Texas Commission on Environmental Quality
TPDES Texas Pollutant Discharge Elimination System
TWC Texas Water Code
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APPENDIX E GLOSSARY
Arid Areas - Areas with an average annual rainfall of less than ten (10) inches.
Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices, maintenance procedures, structural
controls, local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include
treatment requirements, operating procedures, and practices to control runoff, spills or leaks, waste disposal, or drainage from
raw material storage areas.
Catch basins - Storm drain inlets and curb inlets to teh storm drain system. catch basins typically include a grate or curb inlet
that may accumulate sediment, debris, and other pollutants.
Classified Segment - A water body that is listed and described in Appendix A or Appendix C of the Texas Surface Water
Quality Standards, at 30 TAC § 307.10.
Clean Water Act (CWA)- The Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of
1972, Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483 and Pub. L. 97-117, 33 U.S.C. 1251 et. seq.
Common Plan of Development or Sale - A construction activity that is completed in separate stages, separate phases, or
in combination with other construction activities. A common plan of development or sale is identified by the documentation for the
construction project that identifies the scope of the project, and may include plats, blueprints, marketing plans, contracts, building
permits, a public notice or hearing, zoning requests, or other similar documentation and activities.
Construction Activity - Soil disturbance, including clearing, grading, and excavating; and not including routine maintenance
that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site (e.g., the routine
grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and similar
maintenance activities). Regulated construction activity is defined in terms of small and large construction activity.
Small Construction Activity is construction activity that results in land disturbance of equal to or greater than one (1)
acre and less than five (5) acres of land. Small construction activity also includes the disturbance of less than one (1) acre
of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb
equal to or greater than one (1) and less than five (5) acres of land.
Large Construction Activity is construction activity that results in land disturbance of equal to or greater than five (5)
acres of land. Large construction activity also includes the disturbance of less than five (5) acres of total land area that is
part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than
five (5) acres of land.
Construction Site Operator - The person or persons associated with a small or large construction project that meet(s) either
of the following two criteria:
(a) The person or persons that have operational control over construction plans and specifications (including approval of
revisions) to the extent necessary to meet the requirements and conditions of this general permit; or
(b) The person or persons that have day-to-day operational control of those activities at a construction site that are
necessary to ensure compliance with a stormwater pollutio prevention plan for the site or other permit conditions (for
example they are authorized to direct workers at a site to carry out activities required by the Stormwater Pollution
Prevention Plan or comply with other permit conditions).
Control Measure - Any BMP or other method (including effluent limitations) used to prevent or reduce the discharge of
pollutants to water in the state.
Conveyance - Curbs, gutters, man-made channels and ditches, drains, pipes, and other constructed features designed or used
for flood control or to otherwise transport stormwater runoff.
Discharge – When used without a qualifier, refers to the discharge of stormwater runoff or certain non-stormwater discharges
as allowed under the authorization of this general permit.
Final Stabilization - A construction site where either of the following conditions are met:
(a) All soil disturbing activities at the site have been completed and a uniform (for example, evenly distributed, without large
bare areas) perennial vegetative cover with a density of 70 per cent of the native background vegetative cover for the
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area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent
permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed.
(b) For individual lots in a residential construction site by either:
(1) The homebuilder completing final stabilization as specified in condition (a) above; or
(2) The homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the
ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of, final
stabilization.
(c) For construction activities on land used for agricultural purposes (for example pipelines across crop or range land), final
stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed
that were not previously used for agricultural activities, such as buffer stripsimmediately adjacent to a surface water and
areas which are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of
condition (a) above.
General Permit - A permit issued to authorize the discharge of waste into or adjacent to water in the state for one or more
categories of waste discharge within a geographical area of the state or the entire state as provided by Texas Water Code
§26.040.
Groundwater Infiltration - For the purposes of this permit, groundwater that enters a municipal separate storm sewer system
(including sewer service connections and foundation drains) through such means as defective pipes, pipe joints, connections, or
manholes.
Hyperchlorinated Water - Water resulting from hyperchlorination of waterlines or vessels, with a chlorine concentration
greater than 10 miligrams per liter (mg/L).
Illicit Connection - Any man-made conveyance connecting an illicit discharge directly to a municipal separate storm sewer.
Illicit Discharge - Any discharge to a municipal separate storm sewer that is not entirely composed of stormwater, except
discharges pursuant to this general permit or a separate authorization and discharges resulting from emergency fire fighting
activities.
Impaired Water - A surface water body that is identified on the latest approved Clean Water Act §303(d) List as not meeting
applicable state water quality standards. Impaired waters include waters with approved or established total maximum daily loads
(TMDLs), and those where a TMDL has been proposed by TCEQ but has not yet been approved or established.
Indicator Pollutant - An easily measured pollutant, that may or may not impact water quality that indicates the presence of
other stormwater pollutants.
Industrial Activity - Any of the ten (10) categories of industrial activities included in the definition of “stormwater discharges
associated with industrial activity” as defined in 40 CFR §122.26(b)(14)(i)-(ix) and (xi).
Major Outfall - means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36
inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage
area of more than 50 acres); or for municipal separate storm sewers that receive stormwater from lands zoned for industrial
activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside
diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of
2 acres or more).
Maximum Extent Practicable (MEP)- The technology-based discharge standard for municipal separate storm sewer
systems (MS4s) to reduce pollutants in stormwater discharges that was established by the CWA § 402(p). A discussion of MEP
as it applies to small MS4s is found in 40 CFR § 122.34.
MS4 Operator - For the purpose of this permit, the public entity or the entity contracted by the public entity, responsible for
management and operation of the small municipal separate storm sewer system that is subject to the terms of this general
permit.
Municipal Separate Storm Sewer System (MS4)- A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
(a)Owned or operated by the United States, a state, city, town, borough, county, parish, district, association, or other public
body (created by or pursuant to state law) having jurisdiction over the disposal of sewage, industrial wastes, stormwater,
or other wastes, including special districts under state law such as a sewer district, flood control district or drainage
district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved
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management agency under the CWA §208 that discharges to surface water in the state;
(b)That is designed or used for collecting or conveying stormwater;
(c)That is not a combined sewer; and
(d)That is not part of a publicly owned treatment works (POTW) as defined in 40 CFR §122.2.
Non-traditional MS4 - A MS4 that often cannot pass ordinances nor have the enforcement authority like a typical MS4 to
enforce the stormwater management program. Examples of non- traditional MS4s include counties, Department of
Transportation (DOT), municipal utility districts, military bases, prisons or universities.
Notice of Change (NOC)- A written notification from the permittee to the executive director providing changes to information
that was previously provided to the agency in a notice of intent.
Notice of Intent (NOI)- A written submission to the executive director from an applicant requesting coverage under this
general permit.
Notice of Termination (NOT)- A written submission to the executive director from a permittee authorized under a general
permit requesting termination of coverage under this general permit.
Outfall - A point source at the point where a small MS4 discharges to waters of the United States (U.S.) and does not include
open conveyances connecting two municipal separate storm sewers, or pipes, tunnels, or other conveyances that connect
segments of the same stream or other waters of the U.S. and are used to convey waters of the U.S. For the purpose of this
permit, sheet flow leaving a linear transportation system without channelization is not considered an outfall. Point sources such
as curb cuts; traffic or right-of-way barriers with drainage slots that drain into open culverts, openswales or an adjacenet
property, or otherwise not actually discharging into waters of the U.S. are not considered an outfall.
Permittee - The MS4 operator authorized under this general permit.
Point Source - (from 40 CFR § 122.22) any discernible, confined, and discrete conveyance, including but not limited to, any
pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill
leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not
include return flows from irrigated agriculture or agricultural stormwater runoff.
Pollutant(s) of Concern – For the purpose of this permit, includes biochemical oxygen demand (BOD), sediment or a
parameter that addresses sediment (such as total suspended solids (TSS), turbidity or siltation), pathogens, oil and grease, an d
any pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from an MS4.
(Definition from 40 CFR § 122.32(e)(3)).
Redevelopment - Alterations of a property that changed the ”footprint” of a site or building in such a way that there is a
disturbance of equal to or greater than one (1) acre of land. This term does not include such activities as exterior remodeling.
Semiarid Areas - Areas with an average annual rainfall of at least ten (10) inches, but less than 20 inches.
Small Municipal Separate Storm Sewer System (MS4)– refers to a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
(a) Owned or operated by the United States, a state, city, town, borough, county, district, association, or other public body
(created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other
wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or
similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management
agency under ' 208 of the CWA;
(b) Designed or used for collecting or conveying stormwater;
(c) Which is not a combined sewer;
(d) Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR ' 122.2; and
(e) Which was not previously authorized under a NPDES or TPDES individual permit as a medium or large municipal
separate storm sewer system, as defined at 40 CFR §§122.26(b)(4) and (b)(7).
This term includes systems similar to separate storm sewer systems at military bases, large hospital or prison complexes, and
highways and other thoroughfares. This term does not include separate storm sewers in very discrete areas, such as individual
buildings. For the purpose of this permit, a very discrete system also includes storm drains associated with certain municipal
offices and education facilities serving a nonresidential population, where those storm drains do not function as a system, and
where the buildings are not physically interconnected to an MS4 that is also operated by that public entity. This term includes
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systems similar to separate storm sewer systems at military bases, large hospitals or prison complexes, and highways and other
thoroughfares. This term does not include separate storm sewers in very discrete areas, such as individual buildings. For the
purpose of this permit, a very discrete system also includes storm drains associated with certain municipal offices and education
facilities serving a nonresidential population, where those storm drains do not function as a system, and where the buildings are
not physically interconnected to a MS4 that is also operated by that public entity.
Stormwater and Stormwater Runoff - Rainfall runoff, snow melt runoff, and surface runoff and drainage.
Stormwater Associated with Construction Activity - Stormwater runoff from an area where there is either a large
construction activity or a small construction activity.
Stormwater Management Program (SWMP)- A comprehensive program to manage the quality of discharges from the
municipal separate storm sewer system.
Structural Control (or Practice)- A pollution prevention practice that requires the construction of a device, or the use of a
device, to capture or prevent pollution in stormwater runoff. Structural controls and practices may include but are not limited to:
wet ponds, bioretention, infiltration basins, stormwater wetlands, silt fences, earthen dikes, drainage swales, vegetative lined
ditches, vegetative filter strips, sediment traps, check dams, subsurface drains, storm drain inlet protection, rock outlet protection,
reinforced soil retaining systems, gabions, and temporary or permanent sediment basins.
Surface Water in the State - Lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries,
wetlands, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state (from the mean high water mark
(MHWM) out 10.36 miles into the Gulf), and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt,
navigable or nonnavigable, and including the beds and banks of all water courses and bodies of surface water, that are wholly or
partially inside or bordering the state or subject to the jurisdiction of the state; except that waters in treatment systems which are
authorized by state or federal law, regulation, or permit, and which are created for the purpose of waste treatment are not
considered to be water in the state.
Total Maximum Daily Load (TMDL)- The total amount of a substance that a water body can assimilate and still meet the
Texas Surface Water Quality Standards.
Traditional Small MS4 - A small MS4 that can pass ordinances and have the enforcement authority to enforce the stormwater
management program. Examples of traditional MS4s include cities.
Urbanized Area (UA)- An area of high population density that may include multiple MS4s as defined and used by the U.S.
Census Bureau in the 2000 and the 2010 Decennial census.
The Bureau of Census defines urbanized areas as “…a land area comprising one or more places – central place(s) – and
the adjacent densely settled surrounding area - urban fringe – that together have a residential population of at least
50,000 and an overall population density of at least 1,000 people per square mile”.
Waters of the United States - (According to 40 CFR § 122.2) Waters of the United States or waters of the U.S. means:
(a)All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign
commerce, including all waters which are subject to the ebb and flow of the tide;
(b)All interstate waters, including interstate wetlands;
(c)All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds that the use, degradation, or destruction of which
would affect or could affect interstate or foreign commerce including any such waters:
(1) Which are or could be used by interstate or foreign travelers for recreational or other purposes;
(2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or
(3) Which are used or could be used for industrial purposes by industries in interstate commerce;
(d)All impoundments of waters otherwise defined as waters of the United States under this definition;
(e)Tributaries of waters identified in paragraphs (a) through (d) of this definition;
(f)The territorial sea; and
(g)Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a)
through (f) of this definition.
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Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the CWA (other than
cooling ponds as defined in 40 CFR § 423.11(m) which also meet the criteria of this definition) are not waters of the United
States. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the United
States (such as disposal area in wetlands) nor resulted from the impoundment of waters of the United States. Waters of the
United States do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converte d
cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding the CWA jurisdiction
remains with the EPA.
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APPENDIX F Allowable Non-Stormwater Discharges
The following non-stormwater sources may be discharged from the small MS4 and are not required to be addressed
in the small MS4's Illicit Discharge and Detection or other minimum control measures, unless they are determined by
the permittee or the TCEQ to be significant contributors of pollutants to the small MS4, or they are otherwise
prohibited by the MS4 operator:
1. water line flushing (excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and
discharges are not expected to adversely affect aquatic life);
2. runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation utilizing potable water,
groundwater, or surface water sources;
3. discharges from potable water sources that do not violate Texas Surface Water Quality Standards;
4. diverted stream flows;
5. rising ground waters and springs;
6. uncontaminated ground water infiltration;
7. uncontaminated pumped ground water;
8. foundation and footing drains;
9. air conditioning condensation;
10.water from crawl space pumps;
11.individual residential vehicle washing;
12.flows from wetlands and riparian habitats;
13.dechlorinated swimming pool discharges that do not violate Texas Surface Water Quality Standards;
14.street wash water excluding street sweeper waste water;
15.discharges or flows from fire fighting activities (fire fighting activities do not include washing of trucks, run-off
water from training activities, test water from fire suppression systems, and similar activities);
16.other allowable non-stormwater discharges listed in 40 CFR ' 122.26(d)(2)(iv)(B)(1);
17.non-stormwater discharges that are specifically listed in the TPDES Multi Sector General Permit (MSGP) TXR
050000 or the TPDES Construction General permit (CGP) TXR150000;
18.discharges that are authorized by TPDES or NPDES permit or that are not required to be permitted; and
19.other similar occasional incidental non-stormwater discharges, unless the TCEQ develops permits or
regulations addressing these discharges.
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To: Mayor and Town Council
From: Matt Richardson, P.E., Senior Engineer
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – November 11, 2014
Agenda Item:
Discussion on the design of the Downtown Enhancements project.
Description of Agenda Item:
On May 13, 2014, Town Council provided direction to staff to proceed with the design of the
Downtown Enhancements project to include sidewalk and landscaping improvements, in addition
to the originally planned street lighting improvements. On June 24, 2014, Town Council approved
an engineering services agreement with Wier & Associates, with the condition that the design be
brought back before Town Council for further discussion. On October 14, 2014, Town Council
received a presentation from staff and provided feedback on the proposed design elements of the
Downtown Enhancements project. Three major areas of concern were identified and are discussed
in more detail in the following paragraphs.
Scope of the Project. The original scope of the Downtown Enhancements project included street
lighting on Broadway between Coleman Street and McKinley Street and on Main Street between
Broadway and First Street. Excess funds, if any, were to be used for limited sidewalk
improvements in the downtown area. The project budget of $475,000 was approved as part of the
FY 2013-2014 Budget, of which $400,000 was anticipated to be necessary for the street lighting
alone. With discussions ongoing regarding the future use of the Main Street Park for other
municipal purposes, staff determined that lighting on Main Street should be deferred to a future
date. With the western segment of Broadway currently undeveloped, staff determined that lighting
on that segment should also be deferred to a future date. Those removals left approximately
$175,000 in street lighting improvements on Broadway between Coleman Street and Crockett
Street.
Staff began by looking only at installation of the street lighting as proposed in the original scope
and quickly determined that any street lighting installed would be removed and relocated in the
future when the street and sidewalk pavement on Broadway was reconstructed. The Old Town
Inset of the 2012 Comprehensive Plan recommends future alterations to Broadway, including
compression of the vehicular areas and expansion of the pedestrian areas. These alterations
would result in street lighting constructed today near the existing curb edge being located in the
middle of the future sidewalk. Instead of this, staff began looking at options for added sidewalk
work that would result in the permanent construction of sidewalks in conformance with the
Comprehensive Plan. After scoping this work, staff estimated that it could be constructed for a
relatively modest increase in budget over the original scope. The $75,000 increase was discussed
on May 13, 2014, with the Town Council and was approved as part of the FY 2014-2015 Budget.
Prosper is a place where everyone matters.
ENGINEERING
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Future Removal of Improvements. The current phased approach proposed for this project
recommends construction of widened sidewalks and street lighting today, with street pavement and
underground drainage being constructed in the future when funds are available. Staff is sensitive to
concerns regarding the future removal of recently constructed improvements if this phased
approach to construction is taken. This concern is evidenced by the initial scope modification that
was based in part on future removal and relocation of street lighting if it were constructed by itself
today. Staff believes that the sidewalk and landscaping improvements proposed are viable as a
permanent improvement based on the nature of the work being performed.
In an urban street environment with building frontages adjacent to the street right-of-way, the
elevations of the two sidewalks and the streets will all function separately from each other. The
sidewalk elevation is a function of the doorway elevations and the building pads, which will be
separate for each side of the street, and the street elevation is a function of drainage
characteristics and providing a smooth ride for vehicles. This results in sidewalks that are
constantly varying in slope while the street is relatively constant. To accommodate these
conditions, staff is proposing that the gutter for conveying storm water be moved away from the
curb in the future to the dividing line between the driving lane and the parking lane. This allows the
driving lanes to have a constant slope while the parking lanes warp at a varying rate to match the
sidewalk pavement at the curb. Thus the sidewalk pavement can function independent of the street
pavement and can remain in use when the street is reconstructed. Sections of this layout are
attached to the staff report for reference.
Plant Selection. Upon reviewing the Town Council’s comments regarding the plantings proposed in
the previous discussion, staff has made some modifications and is providing additional description
for consideration. Approximately 5-foot wide by 10-foot long semi-circular tree wells will be located
throughout the project limits. They will be centered on the proposed shade trees which are a mix of
Cedar Elm, Live Oak, and Chinese Pistachio trees. Each tree will be surrounded by a ground level
planting bed that features a small grouping of shrubs and groundcover. Raised planter containers
will also be located throughout the project limits, primarily near street lights and intersections. They
will feature a larger plant in the center with a low or draping plant around the outside. The draping
plant would be allowed to grow over the edges of the container to create a spilling effect.
Other than the shade trees, the plant material in the planting beds and raised planters will be
regularly refreshed over time. For the raised planters specifically, the container will limit the growth
of some plants which may lead to a decline in health over time. Plant materials selected during
each refresh cycle will be impacted by season and availability and will vary over time. The following
plant materials are proposed as an initial palette to guide the planting process:
Ground Level Planting Beds
Compact Texas Sage
Dwarf Crape Myrtle (Red)
Dwarf Yaupon Holly
Hamlin Grass
Indian Hawthorn (Snow White)
Liriope
Lorapetalum
Mexican Feather Grass
Nana Nandina
Ophiopogon
Raised Planters
Agave
Aspidistra
Blue Rug Juniper
Gardenia
Hamlin Grass
Purple Fountain Grass
Red Lantana
Red Yucca
Salvia
Sweet Potato Vine
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Seasonal Color
Spring: Alyssum, Daffodil, Daylily, Petunia
Summer: Begonia, Caladium, Geranium, Pentas, Purple Coneflower
Fall: Aster, Chrysanthemum, Salvia
Winter: Calendula, Kale, Pansy, Snapdragon
Budget Impact:
The Capital Improvement Program includes $550,000 for the Downtown Enhancements project. Of
this amount, $60,000 is currently reserved for design services and $490,000 is reserved for
construction services.
Attached Documents:
1. Cross Section Exhibits
Town Staff Recommendation:
Town staff requests feedback from the Town Council on the design of the Downtown
Enhancements project.
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