UPPS 04.05.16 - Campus Stormwater Management

POLICY STATEMENT

Texas State University is committed to upholding its role as a responsible steward of the environment through the effective management of campus stormwater.

1. GENERAL INFORMATION

   1. The Phase II Municipal Separate Storm Sewer System (MS4) General Permit TXR040000 is administered by the Texas Commission on Environmental Quality (TCEQ) as part of the Texas Pollutant Discharge Elimination System (TPDES) program. The MS4 General Permit is delegated under the U.S. Environmental Protection Agency in accordance with statutory provisions of Section 402§(3)(B) of the Clean Water Act. Texas State University will comply with all federal and state requirements under this permit.

   2. Texas State is a public agency and has been designated as a regulated entity by the TCEQ. Texas State is responsible for adhering to and complying with all provisions of the MS4 General Permit. This general permit provides authorization for stormwater and certain non-stormwater discharges from small MS4s to surface water in the state. Additionally, this permit applies to the campus boundaries located within urbanized area designated by the population of the 2010 United States Census. This policy outlines Texas State’s authority under the MS4 General Permit as defined in the Stormwater Management Plan (SWMP).

2. DEFINITIONS

   1. 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.

   2. Construction Activity – includes soil disturbance activities, including clearing, grading, excavating, construction-related activity (e.g., stockpiling of fill material, demolition), and construction support activity. This does not include 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 rights-of-way, and similar maintenance activities). Regulated construction activity is defined in terms of small and large construction activity.

   3. Construction Support Activity - a construction-related activity that specifically supports construction activity, which can involve earth disturbance or pollutant-generating activities of its own, and can include, but are not limited to, activities associated with concrete or asphalt batch plants, rock crushers, equipment staging or storage areas, chemical storage areas, material storage areas, material borrow areas, and excavated material disposal areas. Construction support activity must only directly support the construction activity authorized under this general permit.

   4. Control Measure – any BMP or other method used to prevent or reduce the discharge of pollutants to waters in the state.

   5. 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.

   6. Hyper-Chlorinated Water – water resulting from hyper-chlorination of waterlines or vessels with a chlorine concentration greater than 10 milligrams per liter (mg/L).

   7. Illicit Connection – any man-made conveyance connecting an illicit discharge directly to a municipal separate storm sewer.

   8. 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 firefighting activities.

   9. Large Construction Activity – construction activity that results in land disturbance of equal to or greater than five acres of land. Large construction activity also includes the disturbance of less than five 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 acres of land (refer to Section 02.02 for clarification on which activities qualify).

   10. MS4 Compliance Inspection – an inspection performed by the MS4 responsible authority designed to monitor compliance with pollution prevention requirements outlined in the MS4 General Permit. Areas assessed during the inspection may include, but are not limited to: illicit discharges, construction activities, permanent or structural BMP maintenance, good housekeeping and pollution prevention practices, and contractor activities. Monitoring pollution prevention activities within the jurisdiction of the MS4 is required by the MS4 General Permit.

   11. 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.

   12. MS4 Responsible Authority – the person or department designated by the MS4 operator, as defined in the MS4 notice of intent, to serve as the MS4 operator contact for correspondence with TCEQ and delegated signatory authority for official documentation. Environmental, Health, Safety, Risk and Emergency Management (EHSREM) serves as the Texas State MS4 responsible authority, and the director of EHSREM serves as the operator contact.

   13. 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). For the purpose of this definition, the MS4 is owned and operated by Texas State, which has jurisdiction over the disposal of sewage, industrial wastes, stormwater, or other wastes.

   14. Non-Compliance Issue – a discharge of a pollutant to the MS4 through an illicit discharge, illicit construction runoff, or both, or the failure to maintain or install a BMP, which may result in the imminent discharge of a pollutant to the MS4.

   15. Outfall – a point source at the point where a small MS4 discharges to waters of the 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 United State and are used to convey waters of the United States. 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, open swales or an adjacent property, or otherwise not actually discharging into waters of the United States are not considered an outfall.

   16. Pollutants of Concern – for the purpose of this permit, includes biochemical oxygen demand or biological oxygen demand, 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)).

   17. Primary Operator – the person or persons associated with construction activity that meets either of the following two criteria:

       1. the person or persons have on-site operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or

       2. the person or persons 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 (SWP3) 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 SWP3 or comply with other permit conditions).

   18. Qualified Personnel – persons with credible certifications, training, or skills to perform MS4 compliance inspections. Appropriate certifications include Certified Erosion, Sedimentation, and Storm Water inspector (CESSWI) or Certified Inspector of Sediment and Erosion Control (CISEC), or other equivalent certifications, training, or skills that may be approved by the MS4 operator or MS4 responsible authority.

   19. Responsible Department – the campus department responsible for overseeing activities that have the potential to impact stormwater runoff and water quality discharge from the MS4. These activities may include but are not limited to: new construction and redevelopment, materials management, grounds keeping, general maintenance, food service, chemical management or disposal, drainage maintenance, custodial operations, or other activities occurring in the MS4.

   20. Secondary Operator – the person or entity, often the property owner, whose operational control is limited to:

       1. the employment of other operators, such as a general contractor, to perform or supervise construction activities; or

       2. the ability to approve or disapprove changes to construction plans and specifications, but who does not have day-to-day on-site operational control over construction activities at the site.

       Secondary operators must either prepare their own SWP3 or participate in a shared SWP3 that addresses the areas of the construction site, where they have control over the construction plans and specifications.

   21. Small Construction Activity – construction activity that results in land disturbance of equal to or greater than one acre and less than five acres of land. Small construction activity also includes the disturbance of less than one 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 and less than five acres of land (refer to Section 02.02 for clarification on which activities qualify).

   22. Stormwater (or Stormwater Runoff) – rainfall runoff, snow melt runoff, and surface runoff and drainage.

   23. Stormwater Management Program (SWMP) – a comprehensive program to manage the quality of discharges from the MS4.

   24. Stormwater Pollution Prevention Plan (SWP3) – a plan developed for construction sites greater than one acre in size prior to site disturbing activities. This is required by the Construction General Permit TXR150000.

   25. 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 into 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. This is also known as post-construction BMP or permanent BMP.

   26. Urbanized Area – an area of high population density that may include multiple small MS4s as defined and used by the U.S. Census Bureau in the 2000 and the 2010 Decennial Census.

3. PROCEDURES FOR University Compliance with MS4 Requirements

   1. Illicit Discharge Detection and Elimination (IDDE)

      1. Illicit discharges and illegal dumping of materials within the MS4, including waters of the state or adjacent soil, are prohibited.

         1. Common examples of illicit discharges may include, but are not limited to, chemicals or petroleum hydrocarbons, food waste from compactors or dumpsters, cleaning solutions, utility pipe cleaning solutions, high temperature water, concrete washout water, sediment laden water from construction sites, or sewage.

         2. Other examples can be found using the following link: Texas Water Code § 26.001(13).

      2. Illicit discharges and illegal dumping activities should be reported if witnessed by Texas State staff, faculty, students, or visitors. Illicit discharges can be reported by calling the IDDE hotline: 512.245.IDDE (4333).

      3. If an illicit discharge is detected, an investigation will begin as soon as practicable to identify and locate the source. The MS4 will follow internal procedures for locating illicit discharges or connections, as referenced in the IDDE Program. When the source of the discharge is located, necessary corrective action will be taken to eliminate the illicit discharge. If the source is not immediately located, the MS4 will continue efforts (as much as practicable and feasible) to locate the source of the discharge. All illicit discharge reports and responses will be documented by the MS4 responsible authority.

         1. If an illicit discharge occurs on Texas State property and impacts an adjacent MS4, the Texas State MS4 responsible authority will notify the adjacent MS4 operator within 48 hours of discovery.

      4. Emergency response protocol to accidental spills and leaks of hazardous or potentially harmful materials, including but not limited to, oil, gasoline, hydraulic fluid, chemicals, wastewater, etc., is outlined in the university’s Spill Prevention Control and Countermeasures Plan (SPCC) and Hazardous Materials and Hazardous Waste Management Plan.

      5. Allowable non-stormwater discharges to the MS4 are listed in the SWMP.

   2. Construction Site Stormwater Runoff Control

      1. For all sites that involve soil disturbance (regardless of size), the MS4 responsible authority will perform complaint-based inspections for compliance with the MS4 General Permit for non-compliance issues including, but not limited to:

         1. track-out;

         2. temporary BMP failure;

         3. illicit or unauthorized discharge of pollutants (e.g., concrete washout, paint rinse water, hydrocarbon release, soap or solvent, dewatering without controls); and

         4. other non-compliance issues with the MS4 General Permit or construction general permit.

         If non-compliance continues, the MS4 responsible authority may perform intermittent site inspections to ensure ongoing compliance.

      2. Operators of all new construction and redevelopment of existing sites greater than or equal to one acre in size are required to obtain coverage under the TPDES Construction General Permit TXR150000 and must comply with all discharge requirements. This includes, but is not limited to, compliance with the following activities:

         1. updating and revising the SWP3, as necessary;

         2. ensuring site map is up to date;

         3. tracking temporary BMP maintenance;

         4. documenting site inspections;

         5. implementing good housekeeping activities for pollution prevention; and

         6. preventing illicit or unauthorized discharges from the construction site, as much as practicable.

         A complete list of all requirements can be found in the TXR150000.

      3. Primary Operator Responsibilities

         1. The primary operator (general contractor for the site) is responsible for all day-to-day operations, including maintenance and repair of BMPs, routine inspections of stormwater controls, and compliance with other requirements outlined in the TXR150000.

         2. The primary operator must coordinate with Texas State to ensure all necessary documentation is completed, signed, and filed with the appropriate parties prior to commencing construction.

         3. The primary operator is responsible for the development and implementation of the SWP3, in addition to ensuring details in the SWP3 are updated frequently to reflect site conditions.

         4. The primary operator is responsible for ensuring that personnel developing the SWP3, performing SWP3 inspections, or otherwise assisting with stormwater-related projects are experienced and qualified.

         5. The primary operator is responsible for ensuring that inspections are performed at an approved frequency identified in the SWP3. All inspection documentation should be retained on-site.

         6. In addition to these requirements, primary operators of sites greater than or equal to five acres in size must also file a Notice of Intent with the TCEQ.

      4. Secondary Operator Responsibilities

         1. The secondary operator (Texas State) shares the responsibility for developing and implementing the SWP3 with the primary operator, in addition to overseeing construction activities and ensuring compliance with requirements outlined in the TXR150000.

         2. The secondary operator is responsible for designating a responsible department who will act on behalf of the secondary operator on all construction-related issues. The Texas State department responsible for overseeing the construction project (e.g., Facilities Planning, Design, and Construction, or other departments) will be designated as the responsible department.

         3. The secondary operator is responsible for coordinating with the primary operator to ensure all necessary documentation is completed, signed, and filed with the appropriate parties prior to commencing construction.

         4. The secondary operator is responsible for coordinating with the primary operator to ensure that inspections are performed at an approved frequency identified in the SWP3. All inspection documentation should be retained on-site.

         5. The secondary operator is responsible for ensuring issues identified during SWP3 inspections are addressed in a timely manner.

      5. MS4 Responsible Authority

         1. The MS4 responsible authority is designated as the EHSREM Department.

         2. The MS4 responsible authority will conduct routine and complaint based MS4 compliance inspections on construction projects greater than or equal to one acre in size.

            1. Qualified personnel in EHSREM have the primary responsibility to inspect for compliance with the MS4 General Permit.

         3. The MS4 responsible authority will perform only complaint-based inspections on sites less than one acre in size. If non-compliance persists, the MS4 responsible authority may perform intermittent site inspections to ensure ongoing compliance.

         4. The MS4 responsible authority must coordinate with the responsible department on non-compliance issues.

      6. Illicit discharges originating from new construction and redevelopment sites must be addressed and eliminated as soon as practicable after detection.

      7. Texas State has the responsibility to ensure the primary operator is complying with all state and federal regulations during the construction activity period.

   3. Post-Construction Stormwater Management in New Development and Redevelopment

      1. For post-construction stormwater management, a combination of structural and non-structural BMPs will be implemented on new development and redevelopment sites greater than one acre in size.

      2. Structural controls will be included on new development and redevelopment projects, as necessary, to manage stormwater runoff, improve campus drainage, and protect stormwater runoff quality. Determination for permanent BMP implementation and selection will be based on the following criteria:

         1. location and size of proposed construction site;

         2. proximity to receiving waters;

         3. impermeable surface coverage (pre- vs. post-construction); and

         4. sustainability and practicality of BMP.

      3. Structural controls (e.g., structural BMPs) will be maintained by the responsible department to ensure the long-term functionality and effectiveness of the BMP. The responsible department tasked with maintenance of each structural BMP is outlined in the Texas State Structural Control Maintenance Manual.

      4. Non-structural controls on new construction and redevelopment projects will be implemented, as appropriate.

      5. Detailed as-built drawings and operation and maintenance plans (if applicable) for all structural BMPs will be provided to the responsible department (e.g., Utilities Operations or other department responsible for maintenance) per the contract documents.

4. Procedures for Contractor Compliance with MS4 Requirements

   1. Contractor Responsibilities

      1. All contractors working on Texas State property must adhere to provisions outlined in this policy for compliance with the MS4 General Permit. As outlined in Section 05. of this policy, MS4 compliance inspections may be performed for compliance with permit conditions. Failure to comply with these requirements may result in the initiation of enforcement procedures.

   2. Illicit Discharge Prohibition

      1. Illicit discharges and illegal dumping of materials within the MS4, including waters of the state or adjacent soil, are prohibited. Additional provisions are outlined in Section 03.01 of this policy.

      2. Contractors working on Texas State property must adhere to the following:

         1. Illegal Dumping Prohibition – Illegal dumping of any material onto the ground, into a storm drain, or into waters of the state is strictly prohibited.

         2. Illicit Discharge Prevention – Spills and illicit discharges to the maximum extent practicable through appropriate application, storage, and disposal of materials must be prevented.

         3. Illicit Discharge Detection – Upon detection of a spill or illicit discharge, the MS4 responsible authority or other responsible departments must be notified.

   3. Good Housekeeping and Pollution Prevention

      1. Contractors working with materials that have the potential to pollute stormwater runoff (e.g., chemicals, cleaners, adhesives, paints, yard waste, etc.) on Texas State property must adhere to the following:

         1. utilize secondary containment for stored chemicals or materials;

         2. utilize lids, plugs, or other effective means when storing and transporting materials;

         3. dispose of all materials off-site (e.g., empty chemical containers, unused or leftover chemicals or materials, yard waste, trash) from the university to the contractor’s facility. Disposal of materials in on-campus dumpsters or the sanitary sewer is prohibited;

         4. keep spill response supplies onsite and available for incidental spill cleanup; and

         5. dispose of materials (e.g., chemicals, cleaners, adhesives, paints, yard waste, etc.) to the ground, storm drains, or waters of the state is strictly prohibited.

      2. These standards are required for all Texas State departments, as well as outside contractors who perform work on campus, and are subject to random inspection by Texas State at any time.

5. MS4 COMPLIANCE INSPECTIONS, NON-COMPLIANCE, AND VIOLATIONS

   1. MS4 Compliance Inspections

      1. MS4 compliance inspections will be conducted for compliance with the MS4 General Permit in an effort to reduce the discharge of pollutants from the small MS4s. Inspections will be performed to assess compliance with pollution prevention activities, including but not limited to:

         1. Illicit Discharges – severity of illicit discharge (location, material, proximity to receiving waters), source of illicit discharge, illegal dumping;

         2. Construction Activities – SWP3 documentation (e.g., inspection logs, maintenance logs, updated site map), erosion and sediment controls, soil stabilization, effectiveness of BMPs;

         3. Permanent Structural BMPs – maintenance activities, inspection frequency, overall functionality;

         4. Good Housekeeping and Pollution Prevention – day-to-day operational activities, waste management, materials storage, landscape maintenance, and MS4 system maintenance; and

         5. Contractor Oversight – proper storage and disposal of materials, spill response, and illicit discharge prevention.

      2. MS4 compliance inspections will be performed at a frequency determined by the MS4 responsible authority. This inspection frequency may increase or decrease based on severity of the issue, non-compliance history, or other pertinent issues.

      3. MS4 compliance inspections satisfy requirements are outlined in the MS4 General Permit to ensure that best practices for stormwater pollution prevention are initiated and maintained in an effort to reduce the discharge of pollutants from the small MS4s.

   2. MS4 Non-Compliance Issues and Illicit Discharges

      1. If a non-compliance issue is noted during an MS4 compliance inspection, the issue will be documented on the inspection checklist. The responsible department (and the contractor, if applicable) will be provided a timeframe for resolving the issue.

      2. If an illicit discharge is noted either during an MS4 compliance inspection or through other notification (e.g., IDDE hotline report), the discharge must be addressed and eliminated as soon as practicable after detection. All parties will agree on a feasible timeframe for eliminating the illicit discharge.

      3. If a non-compliance issue or illicit discharge is not resolved within the allotted timeframe, non-compliance enforcement procedures will be initiated (Tier I, Tier II, and Tier III).

   3. Notices of Violation and Enforcement Procedure

      1. Tier I – If compliance is not reached within the given timeframe, a meeting (formal or informal) will be set up between EHSREM and the responsible parties (responsible department and the contractor, if applicable) to discuss next steps for compliance. The responsible department (and contractor, if applicable) will be provided a timeframe to address the non-compliance issue.

      2. Tier II – If non-compliance continues after the initial meeting between all parties, a notice of violation (NOV) will be issued to the responsible parties. The NOV will describe the location and specify a timeframe to correct the issue. For NOVs issued to Texas State responsible departments, a meeting will be set up between EHSREM, the responsible department, and the department’s director to discuss steps for meeting compliance. For NOVs issued on projects involving a contractor, payment by Texas State to the contractor may be withheld for certain services (e.g., SWP3 and BMP maintenance) until the non-compliance issues are resolved.

      3. Tier III – If compliance is not reached after withholding contractor payment for services, or if the non-compliance issue is deemed to be an immediate threat to human health and the environment, Texas State may opt to hire a third-party contractor to fix the non-compliance issue. Texas State may choose to back charge the contractor or responsible department for services rendered to address the non-compliance issue.

6. RESPONSIBILITIES

   1. EHSREM is responsible for implementing the requirements of the MS4 General Permit for the university. These requirements are included in the university’s SWMP approved by the TCEQ. As the MS4 responsible authority, the director of EHSREM, or designee, is authorized to ensure compliance with applicable regulations and policies to minimize polluted stormwater discharge from university property in accordance with the provisions of the MS4 General Permit.

   2. EHSREM is responsible for overseeing compliance with the permit requirements, recordkeeping of activities throughout the permit cycle, and submitting annual reports to TCEQ. If tasks outlined in the SWMP are not completed within the five-year permit cycle, Texas State is subject to violations enforceable by the TCEQ and possible revocation of this general permit.

   3. EHSREM has primary responsibility for implementing the SWMP, including but not limited to: conducting inspections, administering training, providing education and outreach, collecting data from responsible departments, and submitting the MS4 annual report.

   4. Utilities Operations is responsible for operating and maintaining the MS4 system and applicable permanent Structural BMPs on campus.

   5. Facilities Planning, Design, and Construction is responsible for attending annual construction stormwater training, coordinating construction stormwater training for contractors, coordinating contractor compliance with all applicable provisions of the MS4 General Permit and TXR150000 Construction General Permit, and providing appropriate documentation to EHSREM when requested.

   6. Responsible departments are tasked with the following items, including but not limited to: ensuring staff are maintaining training requirements, following up on corrective actions after MS4 compliance inspections, monitoring contractor compliance with contract terms and university policies relating to stormwater pollution prevention, reporting illicit discharges, and submitting routine MS4 reports to EHSREM. The responsible departments identified in the SWMP include, but are not limited to:

      1. Athletics;

      2. Auxiliary Services;

      3. Campus Recreation;

      4. Chartwells (or other food service contractors);

      5. Department of Housing and Residential Life;

      6. Facilities Management;

      7. Facilities Operations;

      8. Facilities Planning, Design, and Construction;

      9. Grounds and Waste Management;

      10. Materials Management and Logistics;

      11. Parking Services;

      12. SSC Service Solutions (or other custodial contractors); and

      13. Utilities Operations.

7. REVIEWERS OF THIS UPPS

   1. Reviewers of this UPPS include the following:

      Position	Date
      Director, Environmental, Health, Safety, Risk and Emergency Management	April 1 E4Y
      Associate Vice President for Facilities	April 1 E4Y

8. CERTIFICATION STATEMENT

   This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

   Director, Environmental, Health, Safety, Risk and Emergency Management; senior reviewer of this UPPS

   Executive Vice President for Operations and Chief Financial Officer

   President