| (a) Approval by executive director.
(1) No person may begin the construction of any regulated activity
until a contributing zone plan or modification to a plan as required by §213.21
of this title (relating to Applicability and Persons or Entity Required to
Apply) has been:
(A) filed with the appropriate regional office, and
(B) the application has been reviewed and approval letter issued
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 of a contributing zone
plan, as described in this section, must be submitted with a copy of the notice
of intent and the appropriate fee as specified in §213.27 of this title
(relating to Contributing Zone Plan Application and Exception Fees). The application
may be submitted to the executive director for approval prior to the submittal
of the notice of intent to the EPA.
(b) Contents of application. Applications for contributing
zone plan approval filed under this subchapter must be made on forms provided
by or approved by the executive director. Each application must, at a minimum,
include the following:
(1) the name of the development, subdivision, or facility for
which the application is submitted and the name, address, and telephone number
of the owner or any other persons signing the application;
(2) 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;
(3) a technical report as described under §213.24 of this
title must accompany the application for plan approval; and
(4) any additional information needed by the executive director
for plan approval.
(c) Submission of application.
(1) Submit one original and one copy 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 the following may submit an application for review
and approval by the executive director:
(A) owner(s);
(B) the owner(s)' authorized agent(s); or
(C) those persons having the right to possess and control the
property which is the subject of the contributing zone plan.
(d) Signatories to applications. All applications must be signed
as specified under §213.4(d)(1) of this title (relating to Required Signature).
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 include all information listed
in this section and failure to pay all applicable application fees.
(f) Additional provisions. As a condition of contributing zone
plan approval, the executive director may impose additional provisions necessary
to protect the Edwards Aquifer from pollution. The executive director may
conditionally approve a contributing zone plan or impose special conditions
on the approval of a contributing zone plan. Upon inspection, the executive
director may require the applicant to take additional measures if the activities
do not conform to an approved plan or the plan did not address all potential
sources of pollution as required by these rules.
(g) Term of approval. The executive director's approval of
a contributing zone 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 is where more than ten percent of total construction has commenced.
If a written request for an extension is filed under the provisions of this
subsection, the approved plan continues in effect until the executive director
acts 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 contributing
zone plan or a previously approved extension. Requests for extensions are
subject to fees outlined in §213.28 of this title (relating to Fees Related
to Requests For Contributing Zone Plan Approval Extension).
(2) An executive director's approved extension will expire
six months after the original expiration date of the approved contributing
zone 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) A plan approval will expire and no extension will be granted
if less than 50 percent of the total construction has been completed within
ten years from the initial approval of a plan. A new 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 contributing zone plan or a previously
approved extension will not be accepted. A new application for the purposes
of this subchapter 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 under an approved plan has changed.
(h) Legal transfer of property. Upon legal transfer of property,
the new owner(s) is required to comply with all terms of the approved contributing
zone plan. If the new owner intends to commence any new regulated activity
on the site, a new application for plan approval for the new activity must
be filed with and approved by the executive director beforehand.
(i) Modification of a previously approved plan. The holder
of any approved contributing zone plan letter 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 best management
practices or structure(s), including but not limited to temporary or permanent
ponds, dams, berms, silt fences, and diversionary structures;
(2) any change in the nature or character of the regulated
activity from that which was originally approved;
(3) a change that would significantly impact the ability to
prevent pollution of the Edwards Aquifer and hydrologically connected surface
water; or
(4) any development of land previously identified in a contributing
zone plan as undeveloped.
(j) Compliance. The holder of the approved or conditionally
approved contributing zone plan letter is responsible for compliance with
this subchapter and the approved plan. The holder is also responsible for
any special conditions of an approved plan through all phases of plan implementation.
Failure to comply with any rule or condition of the executive director's approval
is a violation of this rule and is subject to administrative orders and penalties
as provided under §213.25 of this title (relating to Enforcement). Such
violations may also be subject to civil penalties and injunction.
(k) Responsibility for maintenance of permanent best management
practices (BMPs) and measures after construction is complete.
(1) The applicant shall be responsible for maintaining the
permanent BMPs after construction until such time as the maintenance obligation
is either assumed in writing by another entity having ownership or control
of the property (such as without limitation, an owner's association, a new
property owner or lessee, a district, or municipality) or the ownership of
the property is transferred to the entity. Such entity shall then be responsible
for maintenance until another entity assumes such obligations in writing or
ownership is transferred.
(2) A copy of the transfer of responsibility must be filed
with the executive director at the appropriate regional office within 30 days
of the assumption of the obligation or the transfer of ownership.
(3) This section applies to:
(A) multiple single-family residential developments, multi-family
residential, and
(B) non-residential developments such as commercial, industrial,
institutional, schools, and other sites where regulated activities occur.
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