Section 26.027 - TCEQ has authority to issue permits
Section 26.121 - No person may discharge waste without a permit or other authorization (stormwater is considered an "other waste" in Water Code)
Texas Water Code
Historical Timeline of Stormwater Quality
1987 amendments to the Clean Water Act required EPA to permit stormwater discharges
Phase I, finalized in 1990 required NPDES stormwater permits for industrial activities and large cities
EPA approved the TPDES Program in September, 1998
Phase II became final in December, 1999. All MS4's within urbanized areas with populations less than 100,000 must obtain a TPDES MS4 permit
TPDES Phase II MS4 rules apply to 233 Texas small towns and rural areas, and state highway system roads within urbanized areas
June 2003, HB 2031 (78th Legislature) granted Bexar Co. the authority to implement a stormwater program
December 2003, Commissioners Court approved the Bexar County's proposed SWMP required by the program
Federal challenges delayed Phase II Program Implementation and use of general permits nationwide
In July 2005, the District Attorney's Office determined that current authority granted by HB 2031 (78th Legislature) in 2003 was not sufficient to move forward and develop a funding mechanism to cover the program
June 2007, SB 1932 was passed allowing entities flexibility in developing a funding mechanism
On August 13, 2007, TCEQ finally approved a general permit allowing entities like Bexar County Phase II coverage
October 23, 2007 Commissioner Court approved the Bexar County's updated SWMP required by the program
September 2, 2008 Commissioner Court approved Bexar County's Federal Stormwater Fee schedule
September 9, 2008 Bexar County Commissioners Court approved Bexar County Regulations for Stormwater Pollution Prevention