Legal Authority & History

Legal Authority

  • Authorizes TCEQ to write NPDES permits (“TPDES”) TCEQ Rules:
    • 30 TAC Chapter 205 - Related to General Permits
    • 30 TAC Chapter 305 - Related to Permit Processing
    • 30 TAC Section 281.25 - Adopts EPA’s stormwater Regulations: 40 CFR Sections 122.26 and 122.30 - 122.37
  • Memorandum of Agreement - EPA and TCEQ (September 1998)
  • Section 26.027 - TCEQ has authority to issue permits
  • Section 26.121 - No person may discharge waste without a permit or other authorization (stormwater is considered an “other waste” in Water Code)
  • Texas Water Code
Historical Timeline of Stormwater Quality

  • 1987 amendments to the Clean Water Act required EPA to permit stormwater discharges
  • Phase I, finalized in 1990 required NPDES stormwater permits for industrial activities and large cities
  • EPA approved the TPDES Program in September, 1998
  • Phase II became final in December, 1999. All MS4’s within urbanized areas with populations less than 100,000 must obtain a TPDES MS4 permit
  • TPDES Phase II MS4 rules apply to 233 Texas small towns and rural areas, and state highway system roads within urbanized areas
  • June 2003, HB 2031 (78th Legislature) granted Bexar Co. the authority to implement a stormwater program
  • December 2003, Commissioners Court approved the Bexar County’s proposed SWMP required by the program
  • Federal challenges delayed Phase II Program Implementation and use of general permits nationwide
  • In July 2005, the District Attorney’s Office determined that current authority granted by HB 2031 (78th Legislature) in 2003 was not sufficient to move forward and develop a funding mechanism to cover the program
  • June 2007, SB 1932 was passed allowing entities flexibility in developing a funding mechanism
  • On August 13, 2007, TCEQ finally approved a general permit allowing entities like Bexar County Phase II coverage
  • October 23, 2007 Commissioner Court approved the Bexar County’s updated SWMP required by the program
  • September 2, 2008 Commissioner Court approved Bexar County’s Federal Stormwater Fee schedule
  • September 9, 2008 Bexar County Commissioners Court approved Bexar County Regulations for Stormwater Pollution Prevention