(a) The following discharges of storm water runoff may be authorized by a Texas pollutant discharge elimination system (TPDES) permit or a national pollutant discharge elimination system (NPDES) permit:
  (1) storm water runoff from industrial facilities;
  (2) storm water runoff from municipal separate storm sewer systems; and
  (3) storm water runoff from construction activities.
(b) The following non-storm water discharges may be authorized by a TPDES permit or a NPDES permit:
  (1) discharges from fire fighting activities;
  (2) discharges from fire hydrant flushings;
  (3) discharges from potable water sources, including drinking fountain water and water line flushings;
  (4) discharges from uncontaminated air conditioning or compressor condensate;
  (5) discharges from lawn watering and similar irrigation drainage;
  (6) discharges from pavement wash down without the use of detergents or other chemicals and where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed);
  (7) discharges from a routine external building wash down that do not use detergents or other compounds;
  (8) discharges from uncontaminated groundwater or spring water;
  (9) discharges from foundation or footing drains where flows are not contaminated with process materials such as solvents;
  (10) discharges from the spray down of lumber and wood product storage yards where no chemical additives are used in the spray down waters and no chemicals are applied to the wood during storage; and
  (11) discharges of storm water or groundwater seepage from mine dewatering activities at construction sand and gravel, industrial sand, or crushed stone mining facilities.
(c) Nothing in this subchapter is intended to restrict the powers of the commission or any other governmental entity to prevent, correct, or curtail activities that result or may result in pollution in the water quality area. In addition to the rules of the commission, a TPDES permit applicant may also be required to comply with local pollution control ordinances.

Source Note: The provisions of this §311.16 adopted to be effective December 7, 2000, 25 TexReg 11957