Agenda

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City Council Regular Meeting

Meeting Date:

07/09/2019

BACKGROUND

The Federal Water Pollution Control Act was passed in 1972. After the law was amended in 1977, it became commonly known as the Clean Water Act. The Clean Water Act (The Act) established the structure for federal regulation of pollutant discharges into the waters of the United States, authorized the Environmental Protection Agency (EPA) to implement pollution control program, extended the requirements to establish standards or surface water contaminants, and made it unlawful to discharge unpermitted point source pollutants into navigable water. The Act also established funding for construction of sewage treatment plants and promoted planning to address non-point source pollution. In order to reduce stormwater pollution, amendments were made to the Clean Water Act in 1987, requiring stormwater discharges to be permitted in two phases.

Phase 1 applied, among other things, to large cities with separate stormwater sewer systems. The regulations required these cities to obtain National Pollutant Discharge Elimination System (NPDES) permits. The permit process imposed controls on the cities to reduce pollution in stormwater discharges.

Phase 2 applies to smaller cities. In 1990, the EPA issued final regulations for Phase 2. The Texas Commission on Environmental Quality (TCEQ) issued the Texas Pollutants Discharge Elimination System (TPDES) General Permit Number TXR040000 (General Permit) for Phase 2 Stormwater on August 13, 2007 in order to create a mechanism for non-Phase 1 Texas cities with populations of over 1,000 to come into compliance with the federal regulations.

On January 24, 2019, TCEQ issued a revision to the General Permit TXR040000. With the new General Permit all Small MS4s are defined by levels based on the population served in and Urban Area (UA) according to the 2010 decennial census. Schertz’ population was 31,465 defining the community as a Level 2 Small MS4.

The process of applying for coverage under and maintaining conformance to the General Permit begins with submitting two documents to the TCEQ. The first document is a form provided by the TCEQ, called a Notice of Intent (NOI). The second document is the Stormwater Management Plan (SWMP).

The City must maintain records on the SWMP, submit an annual report to the TCEQ on each of the permit years, and submit other records to the TCEQ when requested. The records must include documentation pertaining to the effectiveness of Best Management Practices (BMP) and shall be included in the annual reports as required in Part IV.B.2 of the General Permit. The records must also be kept available to the public. Any changes to the SWMP must be included in the annual report as described in Part IV.B.2. of the General Permit and must meet the requirements of Part II.D.1. of the General Permit.

GOAL

The goal of this resolution is to authorize submittal of a Notice of Intent and required Stormwater Management Plan to the Texas Commission on Environmental Quality (TCEQ) and to implement that plan.

COMMUNITY BENEFIT

The Implementation Program proposes the means to develop, to implement, and to enforce a plan to reduce the discharge of pollutants to the maximum extent practicable (MEP). The Implementation Program for the SWMP proposed to reduce stormwater pollution by increasing the city’s control of pollution sources. The Implementation Program provides maps and photos, which identify many of the points where stormwater is discharged from the city to other municipalities. The plan must be fully implemented within 5 years of the TCEQ’s issuance of the General Permit. The program includes Public Education, Outreach, and Involvement to insure that the Program is successful.

SUMMARY OF RECOMMENDED ACTION

Staff recommends approval of the Resolution authorizing the City Manager to execute a Notice of Intent and Stormwater Management Plan for the City as required by TCEQ.

FISCAL IMPACT

$400 Application Fee to be paid for from the Drainage Fund. Expenses to implement this program will be funded through the yearly Drainage Fund budgets as approved by Council for the effective dates of the permit. Funding has already been approved through the 2018-2019 approved budget.

RECOMMENDATION

Staff recommends Council approve Resolution 19-R-83.

Attachments
Resolution 19-R-83
Draft NOI
Draft SWMP