Implementation Deadline for NPDES Storm Water Permit Approaches

The time has come to implement the NPDES Storm Water Permit for the City of Houston and Harris County. Beginning October 1, 2001 permanent storm water quality facilities will be required within these jurisdictions for construction projects in addition to the temporary construction controls required since 1992. All projects initiated after October 1, 2001 for new development on parcels of five acres or larger, and significant redevelopment on parcels five acres or larger that change the impervious surface of one acre or more, will be subject to local storm water quality permitting requirements. Any project located in Harris County within the City of Houston ETJ, will be exempt from the new SWQ Permit requirements if a Preliminary Plat is filed prior to October 1.

Adjacent counties and municipalities with populations over 100,000 will implement their programs in about a year.

The City and the County will more enforce the new local Storm Water Quality (SWQ) Permit. The SWQ Permit requires that permanent storm water controls be transferred to the new owners if the land is sold. A SWQ Performance Bond will be used to ensure that the permanent SWQ controls are constructed and maintained until the one-year expiration of the permit. The cost for the compliance of the permit is estimated to be $1,500 per year per acre of cleared ground based on construction cost studies performed by the EPA. The fees for the initial SWQ Permit application and annual permit renewal are not known at this time. Some enforcement actions include issuance of a citation for up to $2,000 per day per violation, a stop work order or a civil judicial relief.

For more information on how this may affect your projects, please contact your project manager at LJA.