Low Rainfall Erosivity Waiver for Qualifying Small Construction Activities

If the potential for soil to wash away during your construction activity is low, you may qualify for the Low Rainfall Erosivity Waiver of Construction General Permit TXR150000. These are the basic steps to determine whether this waiver applies to your project:

1. Review your facility's compliance history ranking (HTML):

   • If your facility has no compliance history ranking or has a ranking of "high" or "average," continue to Step 2.

   • If it is "poor," then your facility is not eligible for coverage under a general permit.

2. Read construction general permit TXR150000 (PDF) to make sure that your small project is considered a small construction activity as defined in this general permit. If not, then you may not obtain this waiver. If so, continue to Step 3. (Help with PDF.)

3. Calculate the erosivity factor of the construction site. The erosivity factor must be less than 5 to qualify for this waiver.

4. If your project qualifies, submit an original completed Low Rainfall Erosivity Waiver form (PDF) (Instructions) (PDF), with original signature, at least 2 days before construction begins.

A provisional waiver from the requirements of this general permit begins 48 hours after the completed waiver is postmarked for delivery to TCEQ.

After TCEQ review, you will receive one of the following:

1. A Notice of Deficiency, in which case you will have 30 days in which to respond.

2. An Acknowledgment Letter confirming your waiver from the requirements of this general permit.

3. A Denial Letter informing you that your waiver has been denied (usually the result of information requested in a Notice of Deficiency letter not being fully provided).

With this waiver in force:

• You must adhere to the applicable waiver requirements of General Permit TXR150000 (PDF).

• You are not required to develop and implement a storm water pollution prevention plan.

• If the operator changes, the new operator must seek a waiver or obtain coverage under this general permit at least 10 days before the change.

• If construction will extend beyond the waiver period, then you must recalculate the site's erosivity factor and do one of the following:

  • submit a new waiver 2 days before the current one expires

  • seek coverage under other provisions of this general permit

This particular general permit will expire at midnight on March 5, 2013.

Contact us if you have questions.