Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 213 - EDWARDS AQUIFER › Subchapter B - CONTRIBUTING ZONE TO THE EDWARDS AQUIFER IN MEDINA, BEXAR, COMAL, KINNEY, UVALDE, HAYS, TRAVIS, AND WILLIAMSON COUNTIES › Section 213.21 - Applicability and Person or Entity Required to Apply

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies only to the
				  contributing zone as defined in §
										213.22 of
				  this title (relating to Definitions) of the Edwards Aquifer. This subchapter is
				  not intended to be applied to any other contributing zones for any other
				  aquifers in the State of Texas.
(b)
				  This subchapter applies only to regulated activities disturbing at least five
				  acres, or regulated activities disturbing less than five acres which are part
				  of a larger common plan of development or sale with the potential to disturb
				  cumulatively five or more acres.
(c) Areas identified as contributing zone
				  within the transition zone described by §
										213.22 of
				  this title and delineated on the official recharge and transition zone maps of
				  the agency as provided by §
										213.3 of
				  this title (relating to Definitions), are subject to both the requirements of
				  this subchapter governing the contributing zone and to the provisions of the
				  recharge zone in §213.5(a)(3) and (4), (c)(3)(K), and (d) - (f) of this
				  title (relating to Required Edwards Aquifer Protection Plans, Notification, and
				  Exemptions); §
										213.6(a)
				  and (b) of this title (relating to Wastewater
				  Treatment and Disposal Systems); §
										213.7
				  of this title (relating to Plugging of Abandoned Wells and Borings); and to the
				  transition zone provisions of §
										213.8(b)
				  of this title (relating to Prohibited Activities).
(d) Unless otherwise provided under this
				  subchapter, executive director approval of a contributing zone plan must be
				  obtained prior to beginning construction of a new or additional regulated
				  activity.
(e) Regulated activities
				  are allowed to be conducted under this subchapter only by applicants who have a
				  letter of contributing zone plan approval issued by the executive director.
				  This letter is issued under §
										213.23
				  of this title (relating to Plan Processing and Approval).
(f) Applicable regulation for projects in
				  progress when contributing zone or contributing zone within the transition zone
				  designations are revised.
(1) For areas
				  designated as contributing zone or contributing zone within the transition zone
				  on official maps prior to the effective date of this subsection, and for which
				  this designation did not change on the effective date of this subsection, all
				  plans submitted to the executive director, on or after the effective date of
				  this section, will be reviewed under all the provisions of this subchapter in
				  effect on the date the plan is submitted.
(2) For areas that were newly designated as
				  contributing zone or contributing zone within the transition zone on official
				  maps on the effective date of this subsection, regulated activities will be
				  considered to have commenced construction and will be regulated under the
				  provisions of this chapter that were in effect at the time the plan was
				  approved by the executive director if, on the effective date, all federal,
				  state, and local approvals or permits required to begin physical construction
				  have been obtained, and if either on-site construction directly related to the
				  development has begun or construction commences within six months of the
				  effective date of this section.
(3)
				  The effective date of this subsection is September 1, 2005.