Section 213.4 - Application Processing and Approval(a) Approval by the executive director. (1) No person may commence the construction of any regulated activity until an Edwards Aquifer protection plan or modifications to the plan as required by § 213.5 of this title (relating to Required Edwards Aquifer Protection Plans, Notification, and Exemptions) or exception under § 213.9 of this title (relating to Exceptions) has been filed with the appropriate regional office, and the application has been reviewed and approved by the executive director.(2) The appropriate regional office shall provide copies of applications to affected incorporated cities, groundwater conservation districts, and counties in which the proposed regulated activity will be located. These copies will be distributed within five days of the application being determined to be administratively complete. Any person may file comments within 30 days of the date the application is mailed to local governmental entities. The executive director shall review all comments that are timely filed.(3) A complete application for approval, as described in this section, must be submitted with the appropriate fee as specified in § 213.12 of this title (relating to Application Fees).(4) Projects in progress when recharge and transition zone maps are revised. (A) For areas designated as recharge zone or transition zone on official maps prior to the effective date of this paragraph, and for which this designation did not change, all Edwards Aquifer protection plans submitted to the executive director, on or after the effective date of this paragraph, will be reviewed under all the provisions of the subchapter in effect on the date the plan is submitted.(B) For areas that were newly designated as recharge zone or transition zone on official maps on the effective date of this paragraph, regulated activities will be considered to have commenced construction and will be regulated under the provisions of this chapter that were in effect at the time the plan was approved by the executive director if, on the effective date, all federal, state, and local approvals or permits required to begin physical construction have been obtained, and if either on-site construction directly related to the development has begun or construction commences within six months of the effective date of this paragraph.(C) Regulated activities in areas designated as transition zone on official maps prior to the effective date of this paragraph and designated as recharge zone on the effective date of this paragraph will be regulated as transition zone activities if, on the effective date, all federal, state, and local approvals or permits required to begin physical construction have been obtained, and if either on-site construction directly related to the development has begun or construction commences within six months of the effective date of this paragraph.(D) The effective date of this paragraph is September 1, 2005.(5) Assumption of program by local government.(A) A local governmental entity may assume the rights, duties, and responsibilities to review and either approve or deny Edwards Aquifer protection plan applications within its boundaries and monitor and enforce compliance with plans if the local government obtains certification from the executive director.(B) In order to obtain certification, the local government must demonstrate that: (i) it has a water quality protection program equal to or more stringent than the rules contained in this chapter, including, but not limited to, a program that:(I) regulates activities covered under this chapter; and(II) has performance standards equal to or more protective of water quality;(ii) it has adopted ordinances or has other enforceable means sufficient to enforce the program throughout the local governmental entity's jurisdiction; and(iii) it has adequate resources to implement and enforce the program.(C) Upon approval of a request for certification under this section, the executive director shall enter into an agreement with the local governmental entity to provide for the terms and conditions of program assumption, including executive director oversight. Nothing in a certification or agreement shall affect the commission's ability to enforce its water quality protection rules or applicable state law.(D) An agreement under subparagraph (C) of this paragraph shall not provide for the payment of fees required by this chapter to the local entity, and shall not provide for partial assumption of the program unless expressly authorized by the commission. Fees shall be paid to the commission for continued proper oversight and enforcement.(E) Certification shall be for a term not to exceed five years, subject to renewal.(F) Upon written notice, certification may be revoked or suspended by the executive director if the local entity does not meet the terms and conditions of the agreement provided under subparagraph (D) of this paragraph, or fails to meet the criteria for certification provided under subparagraph (B) of this paragraph.(G) A decision by the executive director under this section is not subject to appeal to the commission.(b) Contents of application.(1) Forms provided by the executive director. Applications for approval filed under this chapter must be made on forms provided by or approved by the executive director. Each application for approval must, at a minimum, include the following: (A) the name of the development, subdivision, or facility for which the application is submitted;(B) a narrative description of the location of the project or facility for which the application is submitted, presenting sufficient detail and clarity so that the project site and its boundaries can be located during a field inspection;(C) the name, address, and telephone number of the owner or any other person signing the application; and(D) the information needed to determine the appropriate fee under § 213.14 of this title (relating to Fee Schedule) for the following plan types: (i) for water pollution abatement plans and modifications to plans, the total acreage of the site where regulated activities will occur;(ii) for organized sewage collection system plans and modifications to plans, the total linear footage of all collection system lines; or(iii) for static hydrocarbon and hazardous substance storage in underground or permanent aboveground storage tank facility plans, the total number of tanks or piping systems.(2) Additional information. Each application must also include the following information, as applicable: (A) for water pollution abatement plans, the information required under § 213.5(b) of this title;(B) for organized sewage collection system plans, the information required under § 213.5(c) of this title;(C) for static hydrocarbon and hazardous substance storage in underground storage tank systems, the information required under § 213.5(d) of this title;(D) for static hydrocarbon and hazardous substance storage in aboveground storage tank systems, the information required under § 213.5(e) of this title; and(E) any other pertinent information related to the application that the executive director may require.(c) Application submittal. (1) One original and one copy of the application must be submitted for the executive director's review and additional copies as needed for each affected incorporated city, groundwater conservation district, and county in which the proposed regulated activities will be located. The copies must be submitted to the appropriate regional office.(2) Only owners, their authorized agent(s), or those persons having the right to possess and control the property that is the subject of the Edwards Aquifer protection plan may submit the plan for review and approval by the executive director.(d) Signatories to applications. (1) Required signature. All applications must be signed as follows. (A) For a corporation, a principal executive officer (president, vice-president, or a duly authorized representative) must sign the application. A representative must submit written proof of the authorization.(B) For a partnership, a general partner must sign the application.(C) For a political entity such as a municipality, state, federal, or other public agency, either a principal executive officer or a duly authorized representative must sign the application. A representative must submit written proof of the authorization.(D) For an individual or sole proprietorship, the individual or sole proprietor must sign the application.(2) Proof of authorization to sign. The executive director requires written proof of authorization for any person signing an application.(e) Executive director review. The executive director must complete the review of an application within 90 days after determining that it is administratively complete. The executive director must declare that the application is administratively complete or deficient within 30 days of receipt by the appropriate regional office. Grounds for a deficient application include, but are not limited to, failure to pay all applicable application fees.(f) Additional provisions. As a condition of approval, the executive director may impose additional provisions deemed necessary to protect the Edwards Aquifer from pollution. The executive director may conditionally approve an Edwards Aquifer protection plan or impose special conditions on the approval of a plan.(g) Deed recordation. (1) The applicant must record in the deed records of the county in which the property is located that the property is subject to an approved Edwards Aquifer protection plan within 30 days of receiving written approval of:(A) a water pollution abatement plan;(B) an aboveground storage tank plan;(C) an underground storage tank plan;(D) modifications to any of these plans for a proposed regulated activity; or(2) A description of the property boundaries that is covered by the Edwards Aquifer protection plan shall be recorded in the county deed records.(3) Within 60 days of receiving written approval of an Edwards Aquifer protection plan, the applicant must submit, to the appropriate regional office, proof of recordation of notice in the county deed records, with the volume and page number(s) of the county record.(4) The construction of a public street or highway is exempt from all deed recordation requirements.(h) Term of approval. The executive director's approval of an Edwards Aquifer protection plan will expire two years after the date of initial issuance, unless prior to the expiration date, substantial construction related to the approved plan has commenced. For purposes of this subsection, substantial construction means more than 10% of total construction has commenced. If a written request for an extension is filed under the provisions of this subsection, the approved plan will continue in effect until the executive director makes a determination on the request for an extension.(1) A written request for an extension must be received not earlier than 60 days prior to the expiration date of an approved Edwards Aquifer protection plan or a previously approved extension. Requests for extensions are subject to fees outlined in § 213.13 of this title (relating to Fees Related to Requests For Extensions).(2) An executive director's approved extension will expire six months after the original expiration date of the approved Edwards Aquifer protection plan or a previously approved extension unless prior to the expiration date, commencement of construction, repair, or replacement related to the approved plan has occurred.(3) An Edwards Aquifer protection plan approval or extension will expire and no extension will be granted if more than 50% of the total construction has not been completed within ten years from the initial approval of a plan. A new Edwards Aquifer protection plan must be submitted to the appropriate regional office with the appropriate fees for review and approval by the executive director prior to commencing any additional regulated activities.(4) Any requests for extensions received by the executive director after the expiration date of an approved Edwards Aquifer protection plan or a previously approved extension will not be accepted. A new application for the purposes of this chapter must be submitted to the appropriate regional office with the appropriate fees for the review and approval by the executive director.(5) An extension will not be granted if the proposed regulated activity or approved plan for the regulated activity(ies) under this chapter has changed from the regulated activity(ies) approved by the executive director.(i) Legal transfer of property. Upon legal transfer of property, sewage collection systems, force mains, lift stations, underground storage tank system, or aboveground storage tank system, the new owner(s) is required to comply with all terms of the approved Edwards Aquifer protection plan. If the new owner intends to commence any new regulated activity on the site, a new Edwards Aquifer protection plan that specifically addresses the new activity must be submitted to the executive director. Approval of the plan for the new regulated activity by the executive director is required prior to commencement of the new regulated activity.(j) Modification of previously approved plans. The holder of any approved Edwards Aquifer protection plan must notify the appropriate regional office in writing and obtain approval from the executive director prior to initiating any of the following:(1) any physical or operational modification of any water pollution abatement structure(s), including, but not limited to, ponds, dams, berms, sewage treatment plants, and diversionary structures;(2) any change in the nature or character of the regulated activity from that which was originally approved or a change that would significantly impact the ability of the plan to prevent pollution of the Edwards Aquifer;(3) any development of land previously identified as undeveloped in the original water pollution abatement plan;(4) any physical modification of the approved organized sewage collection system;(5) any physical modification of the approved underground storage tank system; or(6) any physical modification of the approved aboveground storage tank system.(k) Compliance. The holder of the approved or conditionally approved Edwards Aquifer protection plan is responsible for compliance with this chapter and any special conditions of the approved plan through all phases of plan implementation. Failure to comply with any condition of the executive director's approval is a violation of this chapter and is subject to administrative rule or orders and penalties as provided under § 213.10 of this title (relating to Enforcement). Such violations may also be subject to civil penalties and injunction.30 Tex. Admin. Code § 213.4
The provisions of this §213.4 adopted to be effective December 27, 1996, 21 TexReg 12125; amended to be effective June 1, 1999, 23 TexReg 10477; amended to be effective July 18, 2002, 27 TexReg 6311; amended to be effective September 1, 2005, 30 TexReg 4984