Section 213.22 - DefinitionsThe definitions in Texas Water Code, §§ 26.001, 26.263, and 26.342, and in § 213.3 of this title (relating to Definitions) apply to this subchapter. Those definitions have the same meaning unless the context in which they are used clearly indicates otherwise, or those definitions are inconsistent with the definitions listed in this section.
(1) Best management practices--Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to the Edwards Aquifer and hydrologically connected surface streams. Best management practices also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.(2) Contributing zone--The area or watershed where runoff from precipitation flows downgradient to the recharge zone of the Edwards Aquifer. The contributing zone is illustrated on Contributing Zone (Southern Part) for the Edwards Aquifer and Contributing Zone (Northern Part) for the Edwards Aquifer. The contributing zone is located upstream (upgradient) and generally north and northwest of the recharge zone for the following counties: Attached Graphic
Attached Graphic
(A) all areas within Kinney County, except the area within the watershed draining to Segment 2304 of the Rio Grande Basin;(B) all areas within Uvalde, Medina, Bexar, and Comal Counties;(C) all areas within Hays and Travis Counties, except the area within the watersheds draining to the Colorado River above a point 1.3 miles upstream from Tom Miller Dam, Lake Austin at the confluence of Barrow Brook Cove, Segment 1403 of the Colorado River Basin; and(D) all areas within Williamson County, except the area within the watersheds draining to the Lampasas River above the dam at Stillhouse Hollow reservoir, Segment 1216 of the Brazos River Basin.(3) Contributing zone within the transition zone--The area or watershed where runoff from precipitation flows downgradient to the recharge zone of the Edwards Aquifer. The contributing zone within the transition zone is depicted in detail on the official recharge and transition zones maps of the agency as provided for in § 213.3 of this title (relating to Definitions). The contributing zone within the transition zone is located generally south and east of the recharge zone and includes specifically those areas where stratigraphic units not included in the Edwards Aquifer crop out at topographically higher elevations and drain to stream courses where stratigraphic units of the Edwards Aquifer crop out and are mapped as recharge zone.(4) Texas Pollutant Discharge Elimination System permits for storm water discharges from construction activities (TPDES permits)--Texas Pollutant Discharge Elimination System general or individual permits issued by the agency for storm water discharges from construction activities in Texas.(5) Notice of intent (NOI)--Notice of intent required by the Texas Pollutant Discharge Elimination System general permits for storm water discharges from construction activities.(6) Regulated activity-- (A) Any construction or post-construction activity occurring on the contributing zone of the Edwards Aquifer that has the potential for contributing pollution to surface streams that enter the Edwards Aquifer recharge zone. (i) These activities include construction or installation of:(IV) underground and aboveground storage tank systems;(ii) Clearing, excavation, or other activities which alter or disturb the topographic or existing storm water runoff characteristics of a site are regulated activities.(iii) Any other activities that pose a potential for contaminating storm water runoff are regulated activities.(B) "Regulated activity" does not include:(i) the 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 or gas or geothermal resources under the jurisdiction of the Railroad Commission of Texas;(iv) routine maintenance of existing structures that does not involve site disturbance including, 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 that present little or no potential for contaminating hydrologically-connected surface water;(v) routine maintenance that involves little or no change to the topographic or geologic features; or(vi) 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.(7) Site--The entire area within the legal boundaries of the property described in the application. Regulated activities on a site located partially on the recharge zone and the contributing zone must be treated as if the entire site is located on the recharge zone, subject to the requirements under Subchapter A of this chapter (relating to Edwards Aquifer in Medina, Bexar, Comal, Kinney, Uvalde, Hays, Travis, and Williamson Counties).30 Tex. Admin. Code § 213.22
The provisions of this §213.22 adopted to be effective June 1, 1999, 23 TexReg 10489; amended to be effective September 1, 2005, 30 TexReg 4984