The City of Sugar Land has a stormwater permit under the Texas Pollutant Discharge Elimination System for small municipal separate storm sewer systems (MS4). The permit is regulated through the Texas Commission on Environmental Quality (TCEQ), which is an unfunded mandate. Each small MS4 is regulated through levels. The levels are based on population through the census except if “the MS4 operator acquires or gives up regulated area, such by annexing land or if land is annexed away”. The City is currently a Level 3, serving a population between 40,000 to 100,000. With the annexation of New Territory and Greatwood, the City's population has increased to over 100,000; therefore, this increase will result in a renewal of a stormwater permit as a Level 4 operator starting December 13, 2018.
As a level 4 operator the City will have to complete the following minimum control measures:
- Public Education, Outreach, and Involvement
- Illicit Discharge Detection and Elimination
- Construction Site Stormwater Runoff Control
- Post Construction Stormwater Management in New Development and Redevelopment
- Pollution Prevention and Good Housekeeping for Municipal Operations
- Industrial Stormwater Sources
The industrial stormwater sources is only applicable for level 4 operators. The City will have to identify and control pollutants in stormwater discharges to the small MS4 from permittee’s that have an industrial activity based on the standard industrial code (SIC). The program must include priorities and procedures for inspections and for implementing control measures for discharges.
The City has a strategic project for the implementation of the new stormwater permit. Through this project a scope of work was developed and includes the following:
Task 1 - Preparation of Level 4 SWMP to Include Industrial Stormwater Sources
- Develop methods to identify and determine industrial and/or commercial discharges affecting stormwater;
- Identify sources of industrial stormwater discharges including facilities that have a MultiSector General Permit (TPDES TXR050000) for industrial stormwater discharges in the City limits;
- Develop procedures for inspecting industrial facilities, implementing control measures and methods to prioritize facilities;
- Develop a public education notification;
- Development of an industrial stormwater ordinance.
Task 2 - Develop Industrial Inspection Activities Checklist
Task 3 -Development and Revision of Stormwater Related Code of Ordinances
Task 4 – Industrial Stormwater Policy and Procedures
- Decision matrix for determining a facility’s applicability into the City’s program along with a flow chart of the process for both the City and the facility;
- Standard operating procedures (SOPs) for industrial and high risk inspections;
- SOP for determining and completing No Exposure inspections and certifications;
- Procedures to determine primary and secondary SIC and NAICS activity codes;
- SOP for Enforcement;
- Procedures for facilities to file appropriate Notices of Intent;
- Notice of violation and exit interview forms;
- SOPs for conducting inspections and follow up investigations;
- A list of all known industrial activities in Sugar Land (based on available City and on-line data from the TCEQ), along with procedures to update.
Task 5 – Development of Resource and MS4 Implementation Efforts Forecasting Tool
The City sought out statement of qualifications from four qualified consultants in accordance with Policy PU-109 that have professional experiences in creating such permits and development materials and that have extensive experience with TCEQ and the compliance requirements. Through this process the selection committee selected RJN Group for this project.
The fee for the proposed services is $83,220.00. Funding is available within the Environmental and Neighborhood Services Department operating budget and annexation funds.
Staff recommends City Council approval of a contract in the amount of $83,220.00 for the updating of the stormwater management plan, renewal of the Texas Pollutant Discharge Elimination System permit as a Level 4 operator and creation of the industrial program.