Contractor has the sole responsibility for preventing storm water pollution and following all applicable city, state and federal regulations in preventing storm water pollution. The Contractor is hereby designated as the “Operator” of the construction site and has sole responsibility for determining the area that will be disturbed to prosecute the work. The following paragraphs provide a general description of the requirements for obtaining authorization to discharge storm water under a Texas Pollutant Discharge Elimination System (TPDES) permit based on the size of the project:
a. 
Large Projects.
Large projects are those projects that disturb five (5) acres or more. The Contractor (Operator) shall comply with the following:
1. 
Obtain a copy of the most recent version of the TCEQ Construction General Permit and comply with all requirements set forth therein.
2. 
Develop and implement a Storm Water Pollution Prevention Plan (SWP3).
3. 
Complete and submit a Notice of Intent (NOI) to the TCEQ using the appropriate TCEQ form and instructions.
4. 
When applicable, provide notification to the operator of any Municipal Separate Storm Sewer System (MS4) when storm water from the project site will be discharging into the MS4.
5. 
Submit a Notice of Termination (NOT) to the TCEQ using the appropriate TCEQ form and instructions once the project site has reached final stabilization.
6. 
Pay all fees that may be associated with complying with the requirements for a Large Project including application fees and annual fees.
b. 
Small Projects.
Small projects are those projects that disturb one (1) or more acres, but less than five (5) acres. The Contractor (Operator) shall comply with the following:
1. 
Obtain a copy of the most recent version of the TCEQ Construction General Permit and comply with all requirements set forth therein.
2. 
Develop and implement a Storm Water Pollution Prevention Plan (SWP3).
3. 
Complete and post a site notice using the appropriate TCEQ form.
4. 
When applicable, provide notification to the operator of any Municipal Separate Storm Sewer System (MS4) when storm water will be discharging into the MS4.
c. 
Projects With A Larger Common Plan of Development.
Contractor (Operator) shall comply with the Large Project requirements listed in Paragraph 3.01.A of this specification on those projects that will disturb one (1) or more acres, but less than five (5) acres, and are part of larger common plan of development that will disturb five (5) or more acres.
(Ordinance 2007-106, App. B, adopted 3/20/07)
The storm water pollution prevention features installed under this section shall be removed and disposed of by the Contractor after vegetation has been restored to a minimum of 70% of the disturbed area and runoff sediment has been eliminated.
(Ordinance 2007-106, App. B, adopted 3/20/07)