TCAA, in conjunction with the Texas Municipal League, files amicus briefs and comments in support of cities on many issues. To keep up to date on the status of these issues, go to http://www.tml.org/p/amicus-brief-update-for-site-8-13.pdf.
TCEQ Construction General Permit Definitions: On July 26, 2013, TML submitted a written request for clarification of definitions in regard to the Texas Commission on Environmental Quality’s (TCEQ) recently issued Construction General Permit. Under the previous permit, cities were typically considered “primary” operators. However, when the permit was reissued, the definitions of “primary” and “secondary” operator were revised. This revision led many cities to believe that they would be considered “secondary” operators under the new permit. The request for clarification was prompted by conflicting information cities have received from TCEQ field staff.
TML specifically requested clarification regarding the classification of a city in the following scenarios:
- A city owns the property; consultant designs the construction plans; contractor builds the structure and is responsible for implementing the Storm Water Pollution Prevention Plan (SWPPP).
- A city owns the property; city employees design the construction plans; contractor builds the structure and is responsible for implementing the SWPPP.
- A city owns the property; city employees design the construction plans; city employees build the structure and are responsible for implementing the SWPPP.