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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 213EDWARDS AQUIFER
SUBCHAPTER AEDWARDS AQUIFER IN MEDINA, BEXAR, COMAL, KINNEY, UVALDE, HAYS, TRAVIS, AND WILLIAMSON COUNTIES
RULE §213.5Required Edwards Aquifer Protection Plans, Notification, and Exemptions

(a) Required plans. A plan must be submitted for the following, as appropriate:

  (1) a water pollution abatement plan under subsection (b) of this section to conduct regulated activities on the recharge zone not covered by subsections (c), (d), or (e) of this section;

  (2) an organized sewage collection system plan under subsection (c) of this section for rehabilitation or construction related to existing or new organized sewage collection systems on the recharge zone;

  (3) an underground storage tank facility plan for static hydrocarbon and hazardous substance storage under subsection (d) of this section for the construction or rehabilitation of an underground storage tank system; including tanks, piping, and related systems located on the recharge zone or transition zone; and

  (4) an aboveground storage tank facility plan for static hydrocarbon and hazardous substance storage under subsection (e) of this section for the construction or rehabilitation of an aboveground storage tank system; including tanks, piping, and related systems, for the storage of hydrocarbon or hazardous substance located on the recharge zone or transition zone.

(b) Water pollution abatement plan. A water pollution abatement plan must contain the following information.

  (1) Application. The information required under §213.4 of this title (relating to Application Processing and Approval) is part of the plan and must be filed with the executive director at the appropriate regional office.

  (2) Site location.

    (A) Location data and maps must include a legible road map with directions, including mileage, which would enable the executive director to locate the site for inspection.

    (B) A general location map must include:

      (i) the site location on a copy (or spliced composite of copies, if necessary) of an official recharge zone map(s) with quadrangle name(s) and recharge and transition zone boundaries clearly labeled; and

      (ii) a drainage plan, shown on the recharge zone map, indicating all paths of drainage from the site.

    (C) A site plan with a minimum scale of one inch to 400 feet must show:

      (i) the 100-year floodplain boundaries (if applicable);

      (ii) the layout of the development showing existing and finished contours as appropriate, but not greater than ten-foot contour intervals;

      (iii) the location of all known wells (including, but not limited to, water wells, oil wells, and unplugged and abandoned wells);

      (iv) the location of any sensitive feature on the site of the proposed regulated activity as identified in the geologic assessment under paragraph (3) of this subsection;

      (v) the drainage patterns and approximate slopes anticipated after major grading activities;

      (vi) areas of soil disturbance and areas which will not be disturbed;

      (vii) locations of major structural and nonstructural controls identified in the technical report;

      (viii) locations where stabilization practices are expected to occur;

      (ix) surface waters (including wetlands); and

      (x) locations where stormwater discharges to a surface water or a sensitive feature.

  (3) Geologic assessment. For all regulated activities, the applicant must submit a geologic assessment report prepared by a geologist describing the site-specific geology. The report must identify all potential pathways for contaminant movement to the Edwards Aquifer. Single-family residential subdivisions constructed on less than ten acres are exempt from this requirement. The geologic assessment report must be signed, sealed, and dated by the geologist preparing the report.

    (A) The geologic assessment must include a geologic map, at site-plan scale, illustrating:

      (i) the outcrop of surface geologic units; and

      (ii) all geologic and manmade features, specifically identifying:

        (I) caves;

        (II) sinkholes;

        (III) faults;

        (IV) permeable fractures;

        (V) solution zones;

        (VI) surface streams; and

        (VII) other sensitive features.

    (B) The geologic assessment must contain a stratigraphic column showing, at a minimum, formations, members, and thicknesses.

    (C) The geologic assessment must contain a description and evaluation of all geologic and manmade features, on forms provided by, or approved by, the executive director. The assessment must determine which of these features are sensitive features. The assessment must include:

      (i) the identification of each geologic or manmade feature, with a cross-reference to the site-plan map coordinates; and

      (ii) the type of geologic or manmade feature including, but not limited to:

        (I) sinkholes;

        (II) caves;

        (III) faults;

        (IV) wells;

        (V) surface streams; or

        (VI) potentially permeable fractures and solution zones.

    (D) The geologic assessment must contain a narrative assessment of site-specific geology. The assessment must detail the potential for fluid movement to the Edwards Aquifer and include a discussion of the stratigraphy, structure, and karstic characteristics of the site.

    (E) The geologic assessment must contain a narrative description of soil units and a soil profile, including thickness and hydrologic characteristics.

  (4) Technical report.

    (A) The technical report must address the following issues.

      (i) The report must describe the nature of the regulated activity (such as residential, commercial, industrial, or utility), including:

        (I) the size of the site in acres;

        (II) the projected population for the site;

        (III) the amount and type of impervious cover expected after construction is complete, such as paved surface or roofing;

        (IV) the amount of surface expected to be occupied by parking lots; and

        (V) other factors that could affect surface water and groundwater quality.

      (ii) The report must describe the volume and character of wastewater expected to be produced. Wastewater generated at a site should be characterized as either domestic or industrial, or if commingled, by approximate percentages of each type.

      (iii) The report must describe the volume and character of stormwater runoff expected to occur. Estimates of stormwater runoff quality and quantity should be based on area and type of impervious cover, as described in clause (i) of this subparagraph. An estimate of the runoff coefficient of the site for both the pre-construction and post-construction conditions should be included in the report.

      (iv) The report must describe any activities or processes which may be a potential source of contamination.

      (v) The report must describe the intended sequence of major activities which disturb soils for major portions of the site (e.g., grubbing, excavation, grading, utilities and infrastructure installation).

      (vi) The report must contain estimates of the total area of the site that is expected to be disturbed by excavation, grading, or other activities.

      (vii) The report must contain the name of the receiving water(s) at or near the site which will be disturbed or which will receive discharges from disturbed areas of the project.

    (B) The technical report must describe the temporary best management practices (BMPs) and measures that will be used during and after construction. The technical report must clearly describe for each major activity identified in subparagraph (A)(v) of this paragraph appropriate control measures and the general timing (or sequence) during the construction process that the measures will be implemented.

      (i) BMPs and measures must prevent pollution of surface water, groundwater, or storm water that originates upgradient from the site and flows across the site as provided under this paragraph.

      (ii) BMPs and measures must prevent pollution of surface water or groundwater that originates on-site or flows off site, including pollution caused by contaminated stormwater runoff from the site as provided under this paragraph.

      (iii) BMPs and measures must prevent pollutants from entering surface streams, sensitive features, or the aquifer as provided under this paragraph.

      (iv) To the maximum extent practicable, BMPs and measures must maintain flow to naturally- occurring sensitive features identified in either the geologic assessment, executive director review, or during excavation, blasting, or construction.

        (I) The temporary sealing of a naturally-occurring sensitive feature which accepts recharge to the Edwards Aquifer as a temporary pollution abatement measure during active construction should be avoided.

        (II) A request to temporarily seal must include a justification as to why no reasonable and practicable alternative exists. The request will be evaluated by the executive director on a case-by-case basis.

      (v) Temporary BMPs and measures must meet the requirements contained in subparagraph (D)(i) of this paragraph.

      (vi) The report must include a plan for the inspection of temporary BMPs and measures and for their timely maintenance, repair, and, if necessary, retrofit.

      (vii) Temporary sediment pond or basin construction plans and design calculations for a proposed temporary BMP or measure must be prepared by or under the direct supervision of a Texas licensed professional engineer. All construction plans and design information must be signed, sealed, and dated by the Texas licensed professional engineer.

      (viii) Pilot-scale field testing (including water quality monitoring) may be required for BMPs that are not contained in technical guidance recognized by, or prepared by, the executive director.

      (ix) The construction-phase BMPs for erosion and sediment controls should be designed to retain sediment on site to the extent practicable.

      (x) All control measures must be properly selected, installed, and maintained in accordance with the manufacturers specifications and good engineering practices. If periodic inspections by the applicant or the executive director, or other information indicates a control has been used inappropriately, or incorrectly, the applicant must replace or modify the control for site situations.

      (xi) If sediment escapes the construction site, off-site accumulations of sediment must be removed at a frequency sufficient to minimize off-site impacts to water quality (e.g., fugitive sediment in street being washed into surface streams or sensitive features by the next rain).

      (xii) Sediment must be removed from sediment traps or sedimentation ponds not later than when design capacity has been reduced by 50%.

      (xiii) Litter, construction debris, and construction chemicals exposed to storm water shall be prevented from becoming a pollutant source for storm water discharges (e.g., screening outfalls, picked up daily).

    (C) The technical report must describe the permanent BMPs and measures that will be used during and after construction is completed.

      (i) BMPs and measures must prevent pollution of surface water, groundwater, or storm water that originates upgradient from the site and flows across the site.

      (ii) BMPs and measures must prevent pollution of surface water or groundwater that originates on-site or flows off the site, including pollution caused by contaminated storm water runoff from the site.

      (iii) BMPs and measures must prevent pollutants from entering surface streams, sensitive features, or the aquifer.

      (iv) To the extent practicable, BMPs and measures must maintain flow to naturally occurring sensitive features identified in either the geologic assessment, executive director review, or during excavation, blasting, or construction.

        (I) The permanent sealing of, or diversion of, flow from a naturally occurring sensitive feature that accepts recharge to the Edwards Aquifer as a permanent pollution abatement measure should be avoided.

        (II) A request to seal a naturally occurring sensitive feature must include a justification as to why no reasonable and practicable alternative exists. The request will be evaluated by the executive director on a case-by-case basis.

      (v) Permanent BMPs and measures must meet the requirements contained in subparagraph (D)(ii) of this paragraph.

      (vi) Construction plans and design calculations for the proposed permanent BMPs and measures must be prepared by, or under the direct supervision of, a Texas licensed professional engineer. All construction plans and design information must be signed, sealed, and dated by the Texas licensed professional engineer.

      (vii) The technical report must include a plan for the inspection of the permanent BMPs and measures and for their timely inspection, maintenance, repair, and, if necessary, retrofit. The plan must be prepared and certified by the engineer designing the permanent BMPs and measures. The plan must be signed by the owner or responsible party.

Cont'd...

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