In Texas, stormwater is regulated by the Texas Commission on Environmental Quality (“TCEQ”) under the provisions of the Texas Pollutant Discharge Elimination System (“TPDES”), Small (Phase II) Municipal Separate Storm Sewer Systems (“MS4”) General Permit No. TXR040000. This general permit authorizes discharges from small MS4s into surface water in the state. The general permit specifies which small MS4s must obtain permit coverage, which are eligible for waivers, and which must obtain individual permit coverage. The general permit also specifies that a stormwater management program (“SWMP”) must be developed and implemented, and outlines SWMP minimum requirements.
The purpose of this program is to protect and enhance the water quality of nearby streams, creeks, tributaries, lakes, springs, and wetlands. This is because stormwater is any rainwater that doesn’t get absorbed into the ground and instead flows downwards to a water body. Impervious surfaces (any surfaces preventing water infiltration into the ground, e.g. buildings and pavement) significantly decrease the amount of absorption and increases the volume and rate of water flowing into our ground waters and surface waters. As water flows over impervious surfaces it carries any pollutants with it, such as motor vehicle fluids, yard fertilizers, pesticides, pet waste, trash, oils, greases, silts, sediments and any other chemicals in contact with the stormwater.
As a Phase II, level 2 MS4, under general permit authorization number is TXR040458, the District is authorized to discharge stormwater directly from its MS4 to ground waters and surface waters of the state.
The waterbody receiving stormwater discharges from the Districts’ collective MS4s is Wilbarger Creek, which is not identified as an impaired water in the Texas Integrated Report of Surface Water Quality.
Stormwater Management Plan
The District is required to develop and implement its SWMP, which focuses on five “Minimum Control Measures” to reduce the negative impacts of stormwater runoff and enhance water quality:
- Public Education, Outreach and involvement;
- Illicit Discharge Detection and Elimination;
- Construction Site Stormwater Runoff Control;
- Post-Construction Stormwater Management in New Development and Redevelopment; and
- Pollution Prevention/Good Housekeeping for Community Operations.
The District, in conjunction with Lakeside Water Control and Improvement District Nos. 2B, 2C, and 2D (collectively, the “Districts”), has developed a shared SWMP as required for coverage under the general permit. However, as non-traditional MS4s, the Districts must rely on neighboring MS4 operators and the TCEQ in order to implement the SWMP to the maximum extent practicable. Such additional enforcement assistance is allowed by Part III Section A.3(b)(2) of the general permit. More information on stormwater pollution prevention reporting and enforcement by neighboring MS4s is available on our Stormwater Resources page.