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Agenda No. 3.
CITY COUNCIL MEMORANDUM
City Council Meeting:
February 4, 2025
Department:
Engineering
Subject:
Resolution 25-R-018
– Authorizing the City Manager to sign and submit a Notice of Intent for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) under the Texas Pollutant Discharge Elimination System (TPDES) Phase II MS4 General Permit TXR040000 for the City and other matters in connection therewith (B.James/K.Woodlee)
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 August 13, 2024, TCEQ issued the latest revision to 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 2020 decennial census. The population of the City of Schertz was 42,002, defining the community as a Level 3 Small MS4.
The process of applying for coverage under and maintaining conformance to the General Permit begins with submitting a Notice of Intent (NOI) to the TCEQ. The NOI confirms the request to be covered by and intent to comply with TPDES General Permit TXR040000. Resolution 25-R-018 authorizes the City Manager to sign and submit the NOI to TCEQ in accordance with statutory signature requirements of 30 TAC Section 305.44.
GOAL
The goal of this resolution is to authorize the City Manager to sign and submit a Notice of Intent to the Texas Commission on Environmental Quality (TCEQ) to comply with General Permit TXR040000.
COMMUNITY BENEFIT
Part of the requirements to comply with the General Permit is the implementation of a Stormwater Management Program (SWMP) proposed to reduce pollution by increasing the city’s control of stormwater pollution sources. Implementation of the SWMP proposes the means to develop, implement, and enforce a plan to reduce the discharge of pollutants to the maximum extent practicable (MEP). This furthers the City's efforts to achieve a healthy, safe community for citizens.
SUMMARY OF RECOMMENDED ACTION
Staff recommends that Council approve Resolution 25-R-018 authorizing the City Manager to sign the NOI for the MS4 General Permit.
RECOMMENDATION
Approve Resolution 25-R-018.
Attachments
Resolution 25-R-018
2024 MS4 General Permit
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