| (ii) clearing, excavation, or any other activities that alter or disturb the topographic, geologic, or existing recharge characteristics of a site; (iii) any installation of aboveground or underground storage tank facilities on the recharge or transition zone of the Edwards Aquifer; or (iv) any other activities that may pose a potential for contaminating the Edwards Aquifer and hydrologically connected surface streams. (B) Regulated activity does not include: (i) 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, gas, or geothermal resources under the jurisdiction of the Railroad Commission of Texas; (iv) routine maintenance of existing structures that does not involve additional site disturbance, such as, 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 in which: (-a-) there is little or no potential for contaminating groundwater; or (-b-) there is little or no change to the topographic, geologic, or existing sensitive features; or (v) 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. (29) Sensitive feature--A permeable geologic or manmade feature located on the recharge zone or transition zone where: (A) a potential for hydraulic interconnectedness between the surface and the Edwards Aquifer exists; and (B) rapid infiltration to the subsurface may occur. (30) Sewage holding tank--A tank or other containment structure used to receive and store sewage until its ultimate disposal in an approved treatment facility. (31) Site--The entire area included within the legal boundaries of the property described in the application. Regulated activities on a site that is located partially on the recharge zone and transition zone, where the natural drainage in the transition zone flows back to the recharge zone, will be treated as if the entire site is located on the recharge zone. (32) Static hydrocarbon--A hydrocarbon that is liquid at atmospheric pressure and 20 degrees centigrade. (33) Stub out--A wye, tee, or other manufactured appurtenance placed in a sewage collection system providing a location for a future extension of the collection system. (34) Temporary best management practices--Best management practices used to prevent and control pollution from regulated activities during construction. (35) Tertiary containment--A containment method by which an additional wall or barrier is installed outside of the secondary storage vessel (e.g., tank or piping) or other secondary barrier in a manner designed to prevent a release from migrating beyond the tertiary wall or barrier before the release can be detected. Tertiary containment systems include, but are not limited to, impervious liners and vaults surrounding a secondary tank and/or piping system, or equivalent triple wall tank or piping system as approved by the executive director. (36) Transition zone--That area where geologic formations crop out in proximity to and south and southeast of the recharge zone and where faults, fractures, and other geologic features present a possible avenue for recharge of surface water to the Edwards Aquifer, including portions of the Del Rio Clay, Buda Limestone, Eagle Ford Group, Austin Chalk, Pecan Gap Chalk, and Anacacho Limestone. The transition zone is identified as that area designated as such on official maps located in the agency's central office and in the appropriate regional office. (37) Underground storage tank facility--The site, tract, or other defined area where one or more underground storage tank systems are located, including all contiguous land and associated improvements. (38) Underground storage tank system--Any one or combination of underground tanks and any connecting underground pipes used to contain an accumulation of regulated substances, the volume of which, including the volume of the connecting underground pipes, is 10% or more beneath the surface of the ground. (39) Well--A bored, drilled, or driven shaft, or an artificial opening in the ground made by digging, jetting, or some other method, where the depth of the well is greater than its largest surface dimension. A well is not a surface pit, surface excavation, or natural depression. |
| Source Note: The provisions of this §213.3 adopted to be effective December 27, 1996, 21 TexReg 12125; amended to be effective June 1, 1999, 23 TexReg 10477; amended to be effective November 3, 2002, 27 TexReg 10031; amended to be effective September 1, 2003, 28 TexReg 6291; amended to be effective September 1, 2005, 30 TexReg 4984 |
