TXState-AdministeredSWPPP Requirements in Texas
Texas administers its own NPDES-equivalent stormwater program through the Texas Commission on Environmental Quality (TCEQ) under the Texas Pollutant Discharge Elimination System (TPDES). The Construction General Permit TXR150000 covers most construction activities disturbing one acre or more, and is one of the most actively enforced construction stormwater programs in the country given Texas's high volume of construction activity. Texas has unique geographic considerations that make stormwater compliance particularly complex. The Edwards Aquifer Recharge and Contributing Zones in Central Texas require enhanced BMPs to protect a sole-source aquifer that provides drinking water to over two million people. Operators in these zones must implement additional controls beyond the standard SWP3 requirements. The TCEQ's STEERS (State of Texas Environmental Electronic Reporting System) handles all online NOI filings, amendments, and NOT submissions. The current TXR150000 general permit term runs March 5, 2023 through March 5, 2028 (five-year cycle). Texas requires a Storm Water Pollution Prevention Plan (SWP3) — the state's term for a SWPPP — to be developed, implemented, and maintained at each site. The SWP3 must be updated within 14 days of any site change that affects BMPs.
Texas SWPPP Key Facts
- ✓TPDES CGP TXR150000 — Texas administers its own stormwater program independent of EPA
- ✓NOI must be filed via TCEQ's STEERS system at least 2 days before earth disturbance begins
- ✓$325 NOI fee for standard sites; reduced $100 fee for sites disturbing 1–5 acres
- ✓Edwards Aquifer Recharge and Contributing Zones require enhanced BMP requirements beyond standard SWP3
- ✓Inspections required every 7 days AND within 24 hours of a 0.5-inch rain event
- ✓SWP3 (equivalent to SWPPP) must be kept on-site and available for TCEQ inspection at all times
- ✓Common plans of development that exceed 1 acre in total trigger permit coverage regardless of individual lot size
- ✓NOT (Notice of Termination) required when all disturbed areas are finally stabilized; $150 fee applies
Administering Agency
- Agency
- Texas Commission on Environmental Quality (TCEQ)
- Phone
- 512-239-1000
- Website
- TCEQ Stormwater Program
Permit Details
- Permit Name
- TPDES Construction General Permit
- Permit Number
- TXR150000
- Effective Date
- 2023-03-05
- Expiration Date
- 2028-03-05
- Permit Document
- View Current Permit
SWPPP Thresholds & Triggers
- Acreage Threshold
- 1 acre; operators disturbing 5+ acres who are also primary operators must file a NOI. Small Construction (1–5 acres) may qualify for the Small Construction Site Notice.
Edwards Aquifer Recharge Zone and Contributing Zone have enhanced requirements. Sites within 500 feet of classified water bodies require additional BMPs. Larger common plans of development trigger permit coverage regardless of individual lot size.
Inspection Requirements
- Inspection Frequency
- Every 7 calendar days AND within 24 hours of a rain event of 0.5 inches or more. May reduce to every 14 days if site is in a low-rainfall period or stabilized.
- Rain Event Threshold
- 0.5 inches within 24 hours
- Certified Inspector
- Required by state
- Accepted Certifications
- CESSWI (Certified Erosion, Sediment and Stormwater Inspector), CPESC (Certified Professional in Erosion and Sediment Control), TCEQ-qualified inspector with documented training
The person responsible for SWP3 implementation must be a qualified person. TCEQ does not specify a single certification but requires documented competence. Inspections must be documented on TCEQ's standard inspection form or equivalent.
Penalties & Enforcement
- Max Civil Penalty (Per Day)
- $25,000 per day per violation
- Criminal Penalties
- Up to $1,000,000 per day for knowing endangerment; $10,000–$250,000 for criminal violations
TCEQ uses a tiered enforcement approach: Notice of Violation (NOV), Agreed Order, or direct referral to the Texas Attorney General. Repeat violators face permit revocation. TCEQ publishes enforcement actions publicly.
Permit Fees
- NOI Filing Fee
- $325 for standard construction sites; $100 for small construction (1–5 acres)
- NOT Filing Fee
- $150
- Other Fees
- Edwards Aquifer sites may require additional water quality review fees. Sites with dewatering activities may need separate TPDES individual permit.
How Texas Differs from Federal Requirements
- ⚠Texas administers TPDES independently — EPA's CGP (PAG-15) does not apply to private construction in Texas
- ⚠NOI waiting period is 2 days (vs. 14 days under EPA CGP) — faster mobilization is possible but STEERS processing time should be factored in
- ⚠Texas has a two-tier fee structure: $325 for standard sites, $100 for small construction (1–5 acres) — EPA CGP has no NOI fee
- ⚠Edwards Aquifer Zone requirements are Texas-specific with no direct federal equivalent
- ⚠Texas uses 'SWP3' terminology rather than 'SWPPP' — functionally equivalent but different nomenclature in all official documents
SWPPP Tips for Texas
- ➤File your NOI through TCEQ's STEERS system (steers.tceq.texas.gov) at least 2 business days before breaking ground — unlike EPA's 14-day waiting period, TCEQ allows a shorter lead time but STEERS can have processing delays.
- ➤If your site is in or near the Edwards Aquifer Contributing Zone (roughly the I-35 corridor from San Antonio to Austin), pull the TCEQ Edwards Aquifer maps early — the enhanced requirements significantly affect BMP selection and placement.
- ➤Texas uses the term 'SWP3' (Storm Water Pollution Prevention Plan) rather than SWPPP — use the correct terminology in all TCEQ correspondence and documents to avoid confusion.
- ➤TCEQ inspectors frequently use aerial imagery and complaint-driven enforcement. Ensure perimeter controls are visible and well-maintained at all times — not just on paper.
- ➤For large common plans of development (subdivisions, commercial parks), each operator (developer, homebuilder, utility contractor) typically needs separate TPDES coverage. Coordinate NOI filings across all operators before ground disturbance.
- ➤Keep a current copy of the SWP3 and all inspection logs in a weather-resistant container on-site. TCEQ field inspectors will ask to review these immediately upon arrival.
- ➤Monitor TCEQ for the next TXR150000 reissuance before March 2028 — when a new general permit is adopted, update your SWP3 and STEERS filings to match any new conditions.
Texas SWPPP FAQs
Does Texas use the EPA Construction General Permit or its own permit?+
Texas uses its own permit — the TPDES Construction General Permit TXR150000 — administered by TCEQ. Texas is an NPDES-authorized state, so EPA's CGP does not apply to most Texas construction sites. Federal facilities (e.g., military bases) on federal land may still be subject to the EPA CGP.
What is the difference between a primary operator and a secondary operator in Texas?+
Primary operators have operational control over the construction plans and specifications, or day-to-day operational control. Secondary operators are typically contractors who implement erosion controls but do not control the overall project design. Both may need permit coverage, but primary operators have the more extensive SWP3 obligations. TCEQ's permit defines these roles in detail.
My site is in the Edwards Aquifer Contributing Zone — what extra steps do I need?+
Sites in the Edwards Aquifer Recharge or Contributing Zone must implement additional BMPs specified in TXR150000 Part III. These include enhanced sediment controls, concrete washout requirements, spill prevention measures, and in some cases vegetated filter strips around the site perimeter. TCEQ has an Edwards Aquifer Protection Program page with GIS mapping tools to confirm your site's zone status.
How do I terminate my TPDES construction permit coverage in Texas?+
File a Notice of Termination (NOT) through STEERS once all areas of disturbance have reached final stabilization (70% vegetative cover for non-arid areas, or equivalent permanent cover). The NOT fee is $150. Coverage is not terminated until TCEQ processes the NOT — do not assume termination is automatic.
What is the STEERS system and do I have to use it?+
STEERS (State of Texas Environmental Electronic Reporting System) is TCEQ's online portal for all permit filings. All NOIs, NOTs, and permit amendments for TPDES construction permits must be submitted through STEERS. Paper submissions are not accepted for construction stormwater. Register at steers.tceq.texas.gov before you need to file — account setup can take a few days.
What happens if the TPDES CGP expires while my project is still active?+
TCEQ typically administratively continues coverage if the general permit term ends and a replacement is pending — but always confirm the current status on TCEQ's construction stormwater page. Continue implementing your SWP3 and inspections per your authorization until you file a NOT. When a new general permit is issued, you may need to update your SWP3 or NOI to match new requirements.
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