| (A) The holder of an approved Edwards Aquifer protection plan must immediately notify the appropriate regional office of any sensitive features encountered during construction. This notice must be given before continuing construction. (B) Regulated activities near the sensitive feature may not proceed until the executive director has reviewed a geologic assessment report prepared by a geologist that consists of information required under subsection (b)(3)(C) and (D) of this section for the sensitive feature and has reviewed and approved the methods proposed to protect the sensitive feature and the Edwards Aquifer from potentially adverse impacts to water quality. The geologic assessment report must be signed, sealed, and dated by the geologist preparing the report. (C) The holder of an approved sewage collection system plan, must meet the following. (i) Upon completion of any lift station excavation, a geologist must certify that the excavation has been inspected for the presence of sensitive features. The certification must be signed, sealed, and dated by the geologist preparing the certification. Certification that the excavation has been inspected must be submitted to the appropriate regional office. (I) Further activities may not proceed until the executive director has reviewed and approved the methods proposed to protect any sensitive feature and the Edwards Aquifer from potentially adverse impacts to water quality from the lift station. (II) Construction may continue if the geologist certifies that no sensitive feature or features were present. (ii) The applicant must submit a plan for ensuring the structural integrity of the sewer line or for modifying the proposed collection system alignment around the feature. The plan must be certified by a Texas licensed professional engineer. These plans must be submitted to the appropriate regional office for review and approval. (D) For an approved underground storage tank facility plan, a geologist must certify that a completed tankhold excavation has been inspected for the presence of sensitive features. The certification must be signed, sealed, and dated by the geologist preparing the certification. (i) Certification that the tankhold excavation has been inspected must be submitted to the appropriate regional office. (ii) If a sensitive feature is discovered, the applicant must propose methods to protect the feature and the Edwards Aquifer from potentially adverse impacts to water quality from the underground storage tank system. Installation activities may not proceed until the executive director has reviewed and approved the proposed methods. The protection methods must be consistent with subsection (d)(1)(B) of this section. (iii) Construction may continue if the geologist certifies that no sensitive feature or features were present. (3) The executive director must review methods or plans proposed to protect sensitive features and the Edwards Aquifer from potentially adverse impacts to water quality. This review will be completed within one week of receiving a method or plan. Regulated activities near the sensitive feature may not continue until the executive director has approved the proposed methods or plans. (g) On-site sewerage systems. On-site sewerage systems located on the recharge zone are subject to §285.40 of this title (relating to OSSFs on the Recharge Zone of the Edwards Aquifer) and other applicable provisions contained in Chapter 285 of this title. Systems must be designed, installed, maintained, repaired, and replaced in accordance with Chapter 285 of this title. (h) Exemption. (1) Regulated activities exempt from the Edwards Aquifer protection plan application requirements under this section are: (A) the installation of natural gas lines; (B) the installation of telephone lines; (C) the installation of electric lines; (D) the installation of water lines; (E) the installation of other utility lines which are not designed to carry and will not carry the following: (i) pollutants; (ii) storm water runoff; (iii) sewage effluent; or (iv) treated effluent from a wastewater treatment facility. (2) An individual land owner who seeks to construct his/her own single-family residence or associated residential structures on the site is exempt from the Edwards Aquifer protection plan application requirements under this section, provided that he/she does not exceed 20% impervious cover on the site. (3) Temporary erosion and sedimentation controls are required to be installed and maintained for exempted activities on the recharge zone. (4) All temporary erosion and sedimentation controls: (A) must meet the requirements contained in subsection (b)(4)(D)(i) of this section; (B) must be installed prior to construction; (C) must be maintained during construction; and (D) may be removed only when vegetation is established and the construction area is stabilized. (5) The executive director may monitor storm water discharges from these projects to evaluate the adequacy of the temporary erosion and sedimentation control measures. Additional protection will be required if the executive director determines that these controls are inadequate to protect water quality. |
| Source Note: The provisions of this §213.5 adopted to be effective December 27, 1996, 21 TexReg 12125; amended to be effective June 1, 1999, 23 TexReg 10477; amended to be effective September 1, 2003, 28 TexReg 6291 |
