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Waiver Option 1 from MS4 Permitting Requirements (Small Systems Only)

If you operate a regulated small municipal separate storm sewer system (MS4), you might be eligible for a waiver from the permitting requirements under TPDES Permit Number TXR040000 if your MS4 meets every one of these conditions:

  • The MS4 serves a population of less than 1,000 within an urbanized area.

  • The MS4 does not contribute substantially to the pollutant loadings of a regulated, physically interconnected MS4 (small, medium, or large).

  • If the MS4 discharges any pollutant that has been identified as a cause of impairment (PDF) to any water body to which the MS4 discharges, storm water controls are not needed based on the waste load allocation that is part of an EPA-approved or established "total maximum daily load" (TMDL) for that pollutant. (Help with PDF Files.)

If you are eligible for a waiver, then you must complete and submit a waiver certification form.

For the exact requirements of this waiver, see the general permit, TXR040000, or the federal rules related to waivers at Title 40, Code of Federal Regulations, Section 123.35(d)(1)Exit TCEQ.

If an MS4 meets each of these conditions, then the MS4 operator may request this waiver by submitting a waiver certification form to the TCEQ.

Contact us for more information.


RELATED LINKS:

Waiver Option 2

Storm Water Permitting Requirements for Phase II (Small) MS4s

2008 Texas Water Quality Inventory and 303(d) List
Texas Homeland Security
TRAIL: Texas Records and Information Locator
TexasOnline