Section 213.3 - DefinitionsThe following words and terms, when used in this chapter, have the following meanings.
(1) Abandoned well--A well that has not been used for six consecutive months. A well is considered to be in use in the following cases: (A) a non-deteriorated well that contains the casing, pump, and pump column in good condition; or(B) a non-deteriorated well that has been properly capped.(2) Aboveground storage tank facility--The site, tract, or other area where one or more aboveground storage tank systems are located, including all adjoining contiguous land and associated improvements.(3) Aboveground storage tank system--A non-vehicular device (including any associated piping) that is made of nonearthen materials; located on or above the ground surface, or on or above the surface of the floor of a structure below ground, such as a mineworking, basement, or vault; and designed to contain an accumulation of static hydrocarbons or hazardous substances.(4) Appropriate regional office--For regulated activities covered by this chapter and located in Hays, Travis, and Williamson Counties, the appropriate regional office is Region 11, located in Austin, Texas. For regulated activities covered by this chapter and located in Kinney, Uvalde, Medina, Bexar, and Comal Counties, the appropriate regional office is Region 13, located in San Antonio, Texas.(5) Best management practices (BMPs)--A schedule of activities, prohibitions, practices, maintenance procedures, and other management practices to prevent or reduce the pollution of water in the state. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. BMPs are those measures that are reasonable and necessary to protect groundwater and surface water quality, as provided in technical guidance prepared by the executive director or other BMPs that are technically justified based upon studies and other information that are generally relied upon by professionals in the environmental protection field and are supported by existing or proposed performance monitoring studies, including, but not limited to, the United States Environmental Protection Agency, American Society of Civil Engineers, and Water Environment Research Foundation guidance.(6) Capped well--A well that is closed or capped with a covering capable of preventing surface pollutants from entering the well. The cap must be able to sustain a weight of at least 400 pounds. The cap must not be easily removed by hand.(7) Commencement of construction--The initial disturbance of soils associated with clearing, grading, or excavating activities or other construction or regulated activities.(8) Edwards Aquifer--That portion of an arcuate belt of porous, waterbearing, predominantly carbonate rocks known as the Edwards (Balcones Fault Zone) Aquifer trending from west to east to northeast in Kinney, Uvalde, Medina, Bexar, Comal, Hays, Travis, and Williamson Counties; and composed of the Salmon Peak Limestone, McKnight Formation, West Nueces Formation, Devil's River Limestone, Person Formation, Kainer Formation, Edwards Group, and Georgetown Formation. The permeable aquifer units generally overlie the less-permeable Glen Rose Formation to the south, overlie the less-permeable Comanche Peak and Walnut formations north of the Colorado River, and underlie the less-permeable Del Rio Clay regionally.(9) Edwards Aquifer protection plan--A general term that includes a water pollution abatement plan, organized sewage collection system plan, underground storage tank facility plan, aboveground storage tank facility plan, or a modification or exception granted by the executive director.(10) Edwards Aquifer protection plan holder--The person who is responsible for compliance with an approved water pollution abatement plan, organized sewage collection system plan, underground storage tank facility plan, aboveground storage tank facility plan, or a modification or exception granted by the executive director.(11) Concentrated animal feeding operation--As defined in § 321.32 of this title (relating to Definitions).(12) Geologic or manmade features--Features including, but not limited to, closed depressions, sinkholes, caves, faults, fractures, bedding plane surfaces, interconnected vugs, reef deposits, wells, borings, and excavations.(13) Geologic assessment--A report that is prepared by a geologist describing site-specific geology.(14) Geologist--A Texas licensed professional geoscientist who has training and experience in groundwater hydrology and related fields that enable that individual to make sound professional judgments regarding the identification of sensitive features located in the recharge zone or transition zone.(15) Groundwater conservation district--Any groundwater district created by the legislature or the commission subject to Texas Water Code, Chapter 36, to conserve, preserve, and protect the waters of a groundwater water reservoir.(16) Hazardous substance--Any substance designated as such by the administrator of the United States Environmental Protection Agency under the Comprehensive Environmental Response, Compensation, and Liability Act; regulated in accordance with Federal Water Pollution Control Act, Chapter 311; or any solid waste, or other substance that is designated to be hazardous by the commission, in accordance with Texas Water Code, § 26.263 or Texas Health and Safety Code, § 361.003.(17) Impervious cover--Impermeable surfaces, such as pavement or rooftops, that prevent the infiltration of water into the soil. Rainwater collection systems for domestic water supplies are not considered impervious cover.(18) Industrial wastewater discharge--Any category of wastewater except: (A) those that are primarily domestic in composition; or(B) those emanating from feedlot/concentrated animal feeding operations.(19) Injection well--An injection well as defined under Chapter 331 of this title (relating to Underground Injection Control).(20) Land application system--A wastewater disposal system designed not to discharge wastewater into a surface drainage way.(21) Licensed professional geoscientist--A geoscientist who maintains a current license through the Texas Board of Professional Geoscientists in accordance with its requirements for professional practice.(22) Organized sewage collection system--Any public or private sewage system for the collection and conveyance of sewage to a treatment and disposal system that is regulated in accordance with rules of the commission and provisions of Texas Water Code, Chapter 26. A system may include lift stations, force mains, gravity lines, and any other appurtenance necessary for conveying wastewater from a generating facility to a treatment plant.(23) Permanent best management practices--Best management practices used to prevent and control pollution from regulated activities after construction is complete.(24) Pollution--The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to public health, safety, or welfare, or impairs the usefulness of the public enjoyment of the waters for any lawful or reasonable purpose.(25) Private sewage facilities--On-site sewage facilities as defined under Chapter 285 of this title (relating to On-Site Sewage Facilities).(26) Private service lateral--A wastewater line extending from the building drain to an existing private or public sewage collection system or other place of disposal that provides service to one single-family residence or building, with the operation and maintenance as the sole responsibility of the tenant or owner of the building. A wastewater line extending from the convergence of private service laterals from more than one single-family residence or building is considered a sewage collection system.(27) Recharge zone--Generally, that area where the stratigraphic units constituting the Edwards Aquifer crop out, including the outcrops of other geologic formations in proximity to the Edwards Aquifer, where caves, sinkholes, faults, fractures, or other permeable features would create a potential for recharge of surface waters into the Edwards Aquifer. The recharge zone is identified as that area designated as such on official maps located in the agency's central office and in the appropriate regional office.(28) Regulated activity--(A) Any construction-related or post-construction activity on the recharge zone of the Edwards Aquifer having the potential for polluting the Edwards Aquifer and hydrologically connected surface streams. These activities include, but are not limited to: (i) construction of buildings, utility stations, utility lines, roads, highways, or railroads;(ii) clearing, excavation, or any other activities that alter or disturb the topographic, geologic, or existing recharge characteristics of a site;(iii) any installation of aboveground or underground storage tank facilities on the recharge or transition zone of the Edwards Aquifer; or(iv) any other activities that may pose a potential for contaminating the Edwards Aquifer and hydrologically connected surface streams.(B) Regulated activity does not include: (i) clearing of vegetation without soil disturbance;(ii) agricultural activities, except feedlots/concentrated animal feeding operations that are regulated under Chapter 321 of this title (relating to Control of Certain Activities by Rule);(iii) activities associated with the exploration, development, and production of oil, gas, or geothermal resources under the jurisdiction of the Railroad Commission of Texas;(iv) routine maintenance of existing structures that does not involve additional site disturbance, such as, but not limited to:(I) the resurfacing of existing paved roads, parking lots, sidewalks, or other development-related impervious surfaces; and(II) the building of fences, or other similar activities in which: (-a-) there is little or no potential for contaminating groundwater; or(-b-) there is little or no change to the topographic, geologic, or existing sensitive features; or(v) construction of single-family residences on lots that are larger than five acres, where no more than one single-family residence is located on each lot.(29) Sensitive feature--A permeable geologic or manmade feature located on the recharge zone or transition zone where: (A) a potential for hydraulic interconnectedness between the surface and the Edwards Aquifer exists; and(B) rapid infiltration to the subsurface may occur.(30) Sewage holding tank--A tank or other containment structure used to receive and store sewage until its ultimate disposal in an approved treatment facility.(31) Site--The entire area included within the legal boundaries of the property described in the application. Regulated activities on a site that is located partially on the recharge zone and transition zone, where the natural drainage in the transition zone flows back to the recharge zone, will be treated as if the entire site is located on the recharge zone.(32) Static hydrocarbon--A hydrocarbon that is liquid at atmospheric pressure and 20 degrees centigrade.(33) Stub out--A wye, tee, or other manufactured appurtenance placed in a sewage collection system providing a location for a future extension of the collection system.(34) Temporary best management practices--Best management practices used to prevent and control pollution from regulated activities during construction.(35) Tertiary containment--A containment method by which an additional wall or barrier is installed outside of the secondary storage vessel (e.g., tank or piping) or other secondary barrier in a manner designed to prevent a release from migrating beyond the tertiary wall or barrier before the release can be detected. Tertiary containment systems include, but are not limited to, impervious liners and vaults surrounding a secondary tank and/or piping system, or equivalent triple wall tank or piping system as approved by the executive director.(36) Transition zone--That area where geologic formations crop out in proximity to and south and southeast of the recharge zone and where faults, fractures, and other geologic features present a possible avenue for recharge of surface water to the Edwards Aquifer, including portions of the Del Rio Clay, Buda Limestone, Eagle Ford Group, Austin Chalk, Pecan Gap Chalk, and Anacacho Limestone. The transition zone is identified as that area designated as such on official maps located in the agency's central office and in the appropriate regional office.(37) Underground storage tank facility--The site, tract, or other defined area where one or more underground storage tank systems are located, including all contiguous land and associated improvements.(38) Underground storage tank system--Any one or combination of underground tanks and any connecting underground pipes used to contain an accumulation of regulated substances, the volume of which, including the volume of the connecting underground pipes, is 10% or more beneath the surface of the ground.(39) Well--A bored, drilled, or driven shaft, or an artificial opening in the ground made by digging, jetting, or some other method, where the depth of the well is greater than its largest surface dimension. A well is not a surface pit, surface excavation, or natural depression.30 Tex. Admin. Code § 213.3
The provisions of this §213.3 adopted to be effective December 27, 1996, 21 TexReg 12125; amended to be effective June 1, 1999, 23 TexReg 10477; amended to be effective November 3, 2002, 27 TexReg 10031; amended to be effective September 1, 2003, 28 TexReg 6291; amended to be effective September 1, 2005, 30 TexReg 4984