1. (a) Approval by the executive director. No person shall commence the construction of any regulated activity until an Edwards Aquifer protection plan or modifications to the plan as required by §213.5 of this title (relating to Required Edwards Aquifer Protection Plans, Notification, and Exemptions) has been filed with the appropriate regional office, and the application has been reviewed and approved by the executive director. The appropriate regional office shall provide copies of submittals to affected incorporated cities, groundwater conservation districts, and counties having jurisdiction over the area potentially affected by a proposed regulated activity, for the purpose of considering timely comment from local government entities. Such comments must be received within 30 days from the date the submittal is distributed to affected incorporated cities, groundwater conservation districts, and counties to be considered by the executive director. A complete application for approval, as described in this section, must be submitted with the appropriate fee as specified in §213.12 of this title (relating to Application Fees).

2. (b) Contents of Application.

   1. (1) Forms provided by the executive director. Applications for approval filed under this chapter must be made on forms provided by or approved by the executive director. Each application for approval must, at a minimum, include the following:

      1. (A) name of the development, subdivision, or facility for which the application is submitted;
      2. (B) 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. (C) name, address, and telephone number of the owner or any other persons signing the application; and

      4. (D) information needed to determine the appropriate fee under §213.14 of this title (relating to Fee Schedule) for the following plan types:

         1. (i) for water pollution abatement plans and modifications to plans, the total acreage of the site where regulated activities will occur;
         2. (ii) for organized sewage collection system plans and modifications to plans, the total linear footage of all lines; or
         3. (iii) for static hydrocarbon and hazardous substance storage in underground or permanent aboveground storage tank facility plans, the total number of tanks or piping systems.

   2. (2) Additional information. Each application must also include the following information, as applicable:

      1. (A) for water pollution abatement plans, the information required under §213.5(b) of this title;
      2. (B) for organized sewage collection system plans, the information required under §213.5(c) of this title;
      3. (C) for static hydrocarbon and hazardous substance storage in underground storage tank systems, the information required under §213.5(d) of this title;
      4. (D) for static hydrocarbon and hazardous substance storage in aboveground storage tank systems, the information required under §213.5(e) of this title; and
      5. (E) any other pertinent information related to the application which the executive director may require.
3. (c) Application submittal. An original and three copies of the application must be submitted to the appropriate regional office. Only owners, their authorized agent(s), or those persons having an option to purchase or having the right to possess and control the property which is the subject of the Edwards Aquifer protection plan may submit the plan for review and approval by the executive director.

4. (d) Signatories to Applications.

   1. (1) Required Signature. All applications must be signed as follows.

      1. (A) For a corporation, a principal executive officer (president, vice-president, or a duly authorized representative) must sign the application. A representative must submit written proof of the authorization.
      2. (B) For a partnership, a general partner must sign the application.
      3. (C) For a political entity such as a municipality, state, federal or other public agency, either a principal executive officer or a duly authorized representative must sign the application. A representative must submit written proof of the authorization.
      4. (D) For an individual or sole proprietorship, the individual or sole proprietor must sign the application.
   2. (2) Proof of Authorization to Sign. The executive director requires written proof of authorization for any person signing an application.
5. (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 pay all applicable application fees.
6. (f) Additional provisions. As a condition of approval, the executive director may impose additional provisions deemed necessary to protect the Edwards Aquifer from pollution. The executive director may conditionally approve an Edwards Aquifer protection plan or impose special conditions on the approval of a plan.
7. (g) Deed recordation. Within 30 days of receiving written approval of a water pollution abatement plan, an aboveground storage tank plan, an underground storage tank plan, or modifications/exceptions to any of these plans for a proposed regulated activity, the applicant must record in the county deed records that the property is subject to an approved Edwards Aquifer protection plan. Prior to commencing construction, the applicant must submit, to the appropriate regional office, proof of application for recordation of notice in the county deed records.

8. (h) Term of approval. The executive director's approval of an Edwards Aquifer protection 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 10% of total construction has commenced. If a written request for an extension is filed under the provisions of this subsection, the approved plan shall continue in effect until the executive director makes a determination on the request for the extension.

   1. (1) A written request for an extension must be received not earlier than 60 days and no later than 30 days prior to the expiration date of an approved Edwards Aquifer protection plan or a previously approved extension. Requests for extensions are subject to fees outlined in §213.13 of this title (relating to Fees Related to Requests for Extensions).
   2. (2) An executive director's approved extension will expire six months after the original expiration date of the approved Edwards Aquifer protection 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. An extension will not be granted if not more than 50% of the total construction has not been completed within 10 years from the initial approval of a plan.
   3. (3) Any requests for extensions received by the executive director after the expiration date of an approved Edwards Aquifer protection plan or a previously approved extension will not be accepted and a new application for the purposes of this chapter must be submitted with the appropriate fees for the review and approval by the executive director.
   4. (4) An extension will not be granted if the proposed regulated activity or approved plan for the regulated activity(s) under this chapter has changed.
9. (i) Legal Transfer of Property. Upon legal transfer of property, sewage collection systems, force mains, lift stations, underground storage tank system, or aboveground storage tank system, the new owner(s) is required to comply with all terms of the approved Edwards Aquifer protection plan. If the new owner intends to commence any new regulated activity on the site, he/she must file an Edwards Aquifer protection plan that specifically addresses the new activity.

10. (j) Modification of previously approved plans. The holder of any approved Edwards Aquifer protection plan must notify the appropriate regional office in writing and obtain approval from the executive director prior to initiating any of the following:

    1. (1) any physical or operational modification of any water pollution abatement structure(s), including but not limited to ponds, dams, berms, sewage treatment plants, and diversionary structures;
    2. (2) any change in the nature or character of the regulated activity from that which was originally approved or a change which would significantly impact the ability of the plan to prevent pollution of the Edwards Aquifer;
    3. (3) any development of land previously identified as undeveloped in the original water pollution abatement plan;
    4. (4) any physical modification of the approved organized sewage collection system;
    5. (5) any physical modification of the approved underground storage tank system; or
    6. (6) any physical modification of the approved aboveground storage tank system.
11. (k) Compliance. The holder of the approved or conditionally approved Edwards Aquifer protection plan shall be responsible for compliance with this chapter and any special conditions of an approved plan through all phases of plan implementation. Failure to comply with any condition of the executive director's approval is a violation of this rule.

Source Note:The provisions of this §213.4 adopted to be effective December 27, 1996, 21 TexReg 12125.