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

   1. (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. (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. (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. (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.

2. (b) Water Pollution Abatement Plan. A water pollution abatement plan must contain the following information.

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

   2. (2) Site location. The location data and maps shall include the following:

      1. (A) a legible road map with directions, including mileage, which would enable the executive director to locate the site for inspection;

      2. (B) a general location map showing:

         1. (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
         2. (ii) a drainage plan, shown on the recharge zone map, indicating all paths of drainage from the site to the boundary of the recharge zone; and

      3. (C) a site plan with a minimum scale of one inch to 400 feet, showing:

         1. (i) the 100-year floodplain boundaries (if applicable);
         2. (ii) the layout of the development, and existing and finished contours at appropriate, but not greater than five foot contour intervals;
         3. (iii) the location of all known wells (including but not limited to water wells, oil wells, and unplugged and abandoned wells); and
         4. (iv) the location of any sensitive feature on the site of the proposed regulated activity or in areas beyond the site boundary as identified in the assessment of area geology under paragraph (3) of this subsection.

   3. (3) Assessment of area geology. For all regulated activities, the applicant must submit a report prepared by a geologist describing area and site-specific geology identifying all potential pathways for contaminant movement to the Edwards Aquifer. For areas beyond the site boundary that are within the 100-year floodplain and are the shorter distance of either one-half mile downgradient of the site or the downgradient boundary of the recharge zone, the geologic assessment must include an identification of sensitive features. If access to downgradient property is denied, these features may be inventoried from literature searches, recognized from aerial photographs, or identified from other sources of information. Where the 100-year floodplain has not been delineated, the applicant shall delineate the 100-year floodplain, showing all applicable data and calculations used to make such a delineation. Single-family residential subdivisions constructed on less than 10 acres are exempt from this requirement. The geologic assessment must include:

      1. (A) a geologic map at site-plan scale showing the outcrop of surface geologic units and all geologic and manmade features, specifically identifying caves, sinkholes, faults, permeable fractures, solution zones, surface streams, and other sensitive features;
      2. (B) a stratigraphic column showing at a minimum, formations, members, and thicknesses;

      3. (C) forms provided by or approved by the executive director, which describe and evaluate all geologic and manmade features to assess and determine if they are sensitive features, and include:

         1. (i) identification of each geologic or manmade feature, with a cross reference to the site-plan map coordinates; and
         2. (ii) the type of geologic or manmade feature, including but not limited to, sinkholes, caves, faults, wells, surface streams, or potentially permeable fractures and solution zones;
      4. (D) a narrative assessment of site-specific geology, detailing the potential for fluid movement to the Edwards Aquifer, including discussion of the stratigraphy, structure, and karstic characteristics of the site; and
      5. (E) a narrative description of soil units and a soil profile, including thickness and hydrologic characteristics.

   4. (4) Technical report. For regulated activities, a technical report shall address the following issues.

      1. (A) An assessment of:

         1. (i) the nature of the regulated activity (such as residential, commercial, industrial, or utility), including the size of the site in acres; the projected population for the site; the amount and type of impervious cover expected after construction is complete, such as paved surface or roofing; the amount of surface expected to be occupied by parking lots; and other factors that could affect surface and groundwater quality;
         2. (ii) the volume and character of wastewater expected to be produced (such as wastewater generated at a site should be characterized as either domestic or industrial, or if commingled, by approximate percentages of each type);
         3. (iii) 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 impermeable cover, as described in clause (i) of this subparagraph); and
         4. (iv) any activities or processes which may be a potential source of contamination.
      2. (B) A description of the best management practices and measures that will be taken during and after construction to prevent pollution of surface or groundwater or of stormwater originating on-site or upgradient from the site and potentially flowing across the site. Pilot-scale field testing (including water quality performance monitoring) may be required for BMPs that are not contained in technical guidance recognized by or prepared by the executive director.
      3. (C) A description of the best management practices and measures that will be taken during and after construction to prevent pollution of surface or groundwater downgradient of the site, including pollution caused by contaminated stormwater runoff from the site. Pilot-scale field testing (including water quality performance monitoring) may be required for BMPs that are not contained in technical guidance recognized by or prepared by the executive director.
      4. (D) A description of the best management practices and measures that will be taken during and after construction to prevent pollutants from entering surface streams or the aquifer while, to the extent practicable, maintaining flow to naturally occurring sensitive features identified in either the assessment of area geology or during excavation, blasting, or construction. Pilot-scale field testing (including water quality performance monitoring) may be required for BMPs that are not contained in technical guidance recognized by or prepared by the executive director. The sealing of naturally occurring sensitive features as a pollution control measure will be avoided where reasonable and practicable alternatives exist and will be evaluated by the executive director on a case-by-case basis.
      5. (E) Measures to be taken to avoid or minimize surface stream contamination or changes in which water may enter a stream as a result of construction and development that would increase flashing, create stronger flow and stream velocity; or otherwise increase instream erosion and further water quality degradation.

      6. (F) A description of the method of disposal of wastewater from the site:

         1. (i) if wastewater is to be disposed of by conveyance to a sewage treatment plant for treatment and disposal, the existing or proposed treatment facility must be identified; or
         2. (ii) if wastewater is to be disposed of by an on-site sewage facility, the application must be accompanied by a written statement from the appropriate authorized agent, stating that the site is suitable for the use of private sewage facilities and will meet the special requirements for on-site sewage facilities located on the Edwards Aquifer recharge zone as specified under Chapter 285 of this title (relating to On-site Sewage Facilities), or identifying those areas that are not suitable.
      7. (G) A description of measures that will be taken to contain any spill of hydrocarbons or hazardous substances such as on a roadway or from a pipeline or from temporary aboveground storage of 250 gallons or more. Temporary storage facilities are those used on site for less than one year. Temporary aboveground storage tank systems of 250 gallons or more cumulative storage capacity shall be located a minimum horizontal distance of 150 feet from any domestic, industrial, irrigation, or public water supply well, or other sensitive feature.
      8. (H) A plan for the inspection of best management practices and measures and for their timely maintenance and repair and, if necessary, retrofit.

3. (c) Organized Sewage Collection Systems.

   1. (1) No person shall commence rehabilitation or construction related to an existing or new organized sewage collection system on the recharge zone, until design plans, specifications, and an engineering report, as specified in Chapter 317 of this title (relating to Design Criteria for Sewerage Systems) and appropriate special requirements of this section, have been filed with and approved by the executive director.
   2. (2) General design of sewage collection systems. Design of new sewage collection systems on the recharge zone must comply with Chapter 317 of this title.

   3. (3) Special requirements for sewage collection systems. In addition to the requirements in paragraph (2) of this subsection, sewage collection systems on the recharge zone must meet the following special requirements.

      1. (A) Manhole rehabilitation or construction. All manholes rehabilitated or constructed after March 21, 1990, must be watertight, with watertight rings and covers and must be constructed and tested to meet the requirements of §317.2(c)(5)(H) of this title (relating to Sewage Collection System).

      2. (B) Piping for gravity and pressurized collection systems. Compliance with the following is required, unless local regulations dictate more stringent standards:

         1. (i) for gravity collection systems, all PVC pipe must have a Standard Dimension Ratio (SDR) of 35 or less and meet the requirements of §317.2(a)-(c)(4) of this title; and
         2. (ii) for all pressurized sewer systems, all PVC pipe must have a minimum working pressure rating of 150 pounds per square inch and meet the requirements of §317.2(d)(2)-(4) and §317.3(d)(5)-(7) of this title (relating to Sewage Collection System and Lift Stations).
      3. (C) Lift station design. Lift stations must be designed and constructed to assure that bypassing of any sewage does not occur. All lift stations must be designed to meet the requirements of §317.2(d) and §317.3 of this title. A lift station submittal must include final construction plans and a design report prepared by or under the direct supervision of a Texas Registered Professional Engineer. All design information must be signed, sealed, and dated by a Texas Registered Professional Engineer.
      4. (D) Certification of new sewage collection system lines by a Texas Register Professional Engineer. Owners of sewage collection systems must insure that all new gravity sewer system lines having a diameter greater than or equal to six inches and all new force mains are tested for leakage following construction. Such lines must be certified by a Texas Registered Professional Engineer to meet the appropriate requirements of §317.2 of this title (relating to Design Criteria for Sewerage Systems). The engineer shall retain copies of all test results which shall be made available to the executive director upon request. The engineer shall submit a letter certifying that all wastewater lines have passed all required testing to the appropriate regional office within 30 days of test completion and prior to use of the new collection system. Following the completion of the new sewer lines and manholes, they must be tested every five years thereafter in accordance with subparagraph (E) of this paragraph.

      5. (E) Testing of existing sewer lines. Owners of sewage collection systems must insure that all existing sewer lines having a diameter greater than or equal to six inches, including private service laterals, manholes, and connections, are tested to determine types and locations of structural damage and defects such as offsets, open joints, or cracked or crushed lines that would allow exfiltration to occur. Existing manholes and lift station wetwells shall be tested using methods for new structures which are approved by the executive director.

         1. (i) Testing of all sewage collection systems shall be completed within five years of commencement. Any sewage collection system in place as of March 21, 1990, shall have commenced and completed testing. Every five years thereafter, existing sewer collection systems must be tested to determine types and locations of structural damage and defects such as offsets, open joints, or cracked or crushed lines that would allow exfiltration to occur. These test results shall be certified by a Texas Registered Professional Engineer. The use of one of the following methods will satisfy the requirements for the five year testing of existing sewer lines.

            1. (I) In-place deflection testing shall meet the requirements of §317.2(a)(4)(C) of this title. No pipe shall exceed a deflection rate of 5.0%.
            2. (II) Internal line inspections, using a color television camera to verify that the lines are free of structural damage such as offsets, open joints, or cracked or crushed lines, that would allow exfiltration to occur, are acceptable. The use of older black and white television equipment will not be accepted by the executive director. Newer black and white television equipment may be used following demonstration to the executive director that an acceptable inspection can be performed as provided in subclause (IV) of this clause.
            3. (III) In-line smoke testing is acceptable only for the testing of private service laterals.
            4. (IV) Testing methods other than those listed above must be approved by the executive director prior to initiating the sewer line testing.
         2. (ii) Except as otherwise provided in an enforcement order of the commission, as soon as possible, but at least within one year of detecting defects, repairs to the sewage collection system must be completed by the system's owner. However, all leakage must be immediately contained to prevent any discharge to water in the state or pollution of the Edwards Aquifer whether necessary repairs have been completed or not. Leakage is a violation of §26.121 of the Texas Water Code and these rules are not intended to excuse such unlawful discharge of waste into or adjacent to water in the state. All repairs must be certified by a Texas Registered Professional Engineer. Repairs must be tested within 45 days of completion using the methods described in clause (i) of this subparagraph. Results must be submitted to the appropriate regional office within 30 days of testing.
      6. (F) Blasting for sewer line excavation. Blasting for sewer line excavation must be done in accordance with appropriate criteria established by the National Fire Protection Association. Should such blasting result in damage to an existing or newly completed sewer line or any of its appurtenances, the owner of the sewer system and appurtenances must repair and retest the damaged sewer line and its appurtenances immediately. The use of sand for pipe embedment or backfill in blasted rock is prohibited.

      7. (G) Sewer line stub outs. New collection system lines must be constructed with stub outs for the connection of anticipated extensions. The location of such stub outs must be marked on the ground such that their location can be easily determined at the time of connection of the proposed extensions. All stub outs must be sealed with a manufactured cap to prevent leakage. Extensions that were not anticipated at the time of original construction or that are to be connected to an existing sewer line not furnished with stub outs must be connected using a manufactured saddle in accordance with accepted plumbing techniques.

         1. (i) Main line stub outs. Manholes shall be placed at the end of all sewer lines that will be extended at a future date, as specified in §317.2(c)(5) of this title. If the main line is to be extended within one year, a variance to allow the use of a stub out until the line is extended will be considered on a case-by-case basis. At the time of original construction, new stub outs must be constructed sufficiently to extend beyond the end of the street pavement. Stub outs that were not anticipated at the time of original construction must enter the manhole using a bored or drilled hole. Chiseling or hammering to enter a manhole is prohibited.
         2. (ii) Private service lateral stub outs. Such stub outs must be manufactured using wyes or tees that are compatible in size and material with both the sewer line and the extension. Private service lateral stub outs that were not anticipated at the time of original construction must be connected using a manufactured saddle in accordance with accepted plumbing techniques.
      8. (H) Locating sewer lines within a five-year floodplain. Sewer lines shall not be located within the five-year floodplain of a drainageway, unless an exemption is granted by the executive director. If the applicant demonstrates to the executive director that such location is unavoidable, and the area is subject to inundation and stream velocities which could cause erosion and scouring of backfill, the trench must be capped with concrete to prevent scouring of backfill, or the sewer lines must be encased in concrete. All concrete shall have a minimum thickness of six inches.
      9. (I) Inspection of private service lateral connections. After installing and prior to covering and connecting a private service lateral to an organized sewage collection system, a Texas Registered Professional Engineer, Texas Registered Sanitarian, or appropriate city inspector shall inspect the private service lateral and the connection to the collection system and certify that construction conforms with the applicable provisions of this subsection. The owner of the collection system must maintain such certifications for three years and forward copies to the appropriate regional office upon request. No connections may be made to an approved sewage collection system until the executive director has received certification of new construction or repairs, and subsequent testing has been performed as required by paragraph (D) or (E) of this subsection. Private service laterals may only be connected to approved sewage collection systems.
      10. (J) Embedment materials. Embedment materials must meet the specification for bedding contained in §317.2(a)(5) of this title.
      11. (K) Sewer lines bridging caverns or other sensitive features. Sewer lines that bridge caverns or sensitive features must be constructed in a manner that will maintain the structural integrity of the line. When such geologic features are encountered during construction, the location and extent of those features must be reported to the appropriate regional office in writing within two working days of discovery and must comply with the requirements under subsection (f) of this section.
      12. (L) Erosion and sedimentation control. A temporary erosion and sedimentation control plan must be included with all construction plans. All temporary erosion and sedimentation controls must be installed prior to construction, must be maintained during construction, and shall be removed when sufficient vegetation is established to control the erosion and sedimentation and the construction area is stabilized.
      13. (M) Alternative sewage collection systems. The executive director may approve an alternative procedure which is technical justified; signed, sealed and dated by a Texas Register Professional Engineer indicating equivalent environmental protection; and which complies with the requirements of §317.2(d) of this title (relating to Design Criteria for Sewerage Systems).
      14. (N) Required corrective action. Notwithstanding compliance with the requirements of subparagraphs (A)-(M) of this paragraph, sewage collection systems must operate in a manner that will not cause pollution of the Edwards Aquifer. Any failure must be corrected in a manner satisfactory to the executive director.

   4. (4) Contents of organized sewage collection system plan.

      1. (A) Application. For organized sewage collection systems, the information required under §213.4 of this title (relating to Application Processing and Approval) shall be filed with the executive director at the appropriate regional office.
      2. (B) Narrative description of proposed organized sewage collection system. A narrative report must include at a minimum a geographic description and anticipated type of development within the sewage collection system service area. A technical report that was submitted under subsection (b) of this section satisfies this requirement, provided it properly addresses the proposed sewage collection systems.

      3. (C) Plans and specifications. Plans and specifications addressing all the requirements in paragraphs (2) and (3) of this subsection, must include at a minimum:

         1. (i) a map showing the location of the organized sewage collection system lay-out in relation to recharge zone boundaries;
         2. (ii) a map showing the location of the organized sewage collection system lay-out, overlaid by topographic contour lines, using a contour interval of not greater than five feet, and showing the area within both the five-year floodplain and the 100-year floodplain of any drainage way;

         3. (iii) construction documents prepared by or under the supervision of a Texas Registered Professional Engineer, which have also been signed, sealed, and dated by that Texas Register Professional Engineer, at a minimum, shall include:

            1. (I) plan and profile views of the collection system;
            2. (II) construction details of collection system components;
            3. (III) specifications for all collection system components; and
            4. (IV) proposed pollution abatement measures for sensitive features identified along the path of the proposed sewer line.
      4. (D) Assessment of area geology. An assessment of area geology shall be performed along the path of the proposed sewer line(s), plus 50 feet on each side of the proposed sewer line as described in subsection (b)(3) of this section.

4. (d) Static Hydrocarbon and Hazardous Substance Storage in Underground Storage Tanks System.

   1. (1) Standards for Underground Storage Tank Systems. New or replacement systems for the underground storage of static hydrocarbons or hazardous substances shall be of double-walled or an equivalent method approved by the executive director. Methods for detecting leaks in the inside wall of double-walled system shall be included in the facility's design and construction. The leak detection system shall provide continuous monitoring of the system and shall be capable of immediately alerting the system's owner of possible leakages.

      1. (A) Installation. All underground hydrocarbon and hazardous substance storage tank systems shall be installed by a person possessing a valid certificate of registration in accordance with the requirements of Chapter 334, Subchapter I of this title (relating to Underground and Aboveground Storage Tanks).
      2. (B) Siting. Any new underground hydrocarbon and hazardous substance storage tank system that does not incorporate a method for tertiary containment shall be located a minimum horizontal distance of 150 feet from any domestic, industrial, or irrigation well, or other sensitive feature as determined under the assessment of area geology at the time of construction or replacement under subparagraph (C) of this subsection or the tankhold inspection under subsection (f)(2)(B) of this section. This method of tertiary containment shall also apply to the placement of a tank system within 150 feet of a public water supply well without a sanitary control easement of 150 feet as defined in §290.41(c)(1)(F) of this title (relating to Water Sources).

   2. (2) Contents of an Underground Storage Tank Facility Plan. An underground storage tank facility plan must, at a minimum, contain the following information.

      1. (A) Application. The information required under §213.4 of this title (relating to Application Processing and Approval) shall be filed with the executive director at the appropriate regional office.
      2. (B) A site location map as specified in subsection (b)(2) of this section including a legible road map, a general location map, and a site plan, shall be submitted as part of the plan.
      3. (C) Assessment of area geology. For all facilities, located on either the recharge zone or transition zone, an assessment of area geology, as described in subsection (b)(3) of this section, shall be submitted for the site and for areas beyond the site boundary that are within the 100-year floodplain the shorter distance of either one-half mile downgradient of the site or the downgradient boundary of the recharge zone. For regulated activities located on the transition zone, the assessment of area geology shall be submitted for the site and 200 feet downgradient.
      4. (D) Technical report. For all facilities, located on either the recharge zone or transition zone, a technical report as described in §213.5(b)(4) of this title (relating to Technical Report), shall be submitted on forms provided by or approved by the executive director.

5. (e) Static Hydrocarbon and Hazardous Substance Storage in an Aboveground Storage Tank Facility.

   1. (1) Design standards. Systems used for the temporary and permanent aboveground storage of static hydrocarbon and hazardous substance shall be constructed within controlled drainage areas that are sized to capture one and one-half times the storage capacity of the system. The controlled drainage area shall be constructed of and in a material impervious to the substance(s) being stored, and shall direct spills to a convenient point for collections and recovery. Any spills from storage tank facilities shall be removed from the controlled drainage area for disposal within 24 hours of the spill.

   2. (2) Contents of an Aboveground Storage Tank Facility Plan. A permanent aboveground storage tank facility plan must contain, at a minimum, the following information.

      1. (A) Application. For an aboveground storage tank facility, the information required under §213.4 of this title shall be filed with the executive director at the appropriate regional office.
      2. (B) A site location map as specified in subsection (b)(2) of this section, including a legible road map, a general location map, and a site plan, shall be submitted as part of the plan for a permanent facility.
      3. (C) Assessment of area geology. For all facilities, located on either the recharge zone or transition zone, an assessment of area geology, as described in subsection (b)(3) of this section, shall be submitted for the area containing the aboveground storage tank system and for areas beyond the site boundary that are within the 100-year floodplain the shorter distance of either one-half mile downgradient of the site or the downgradient boundary of the recharge zone. For regulated activities located on the transition zone, the assessment of area geology shall be submitted for the site and 200 feet downgradient.
      4. (D) Technical report. For all facilities, located on either the recharge zone or transition zone, a technical report as described in subsection (b)(4) of this section, shall be submitted on forms provided by or approved by the executive director.
   3. (3) A description of measures that will be taken to contain any spill of hydrocarbons or hazardous substances from temporary storage of 250 gallons or more shall be included with the plan unless described under subsection (b)(4)(G) of this section. Any new temporary aboveground hydrocarbon and hazardous substance storage tank system shall be located a minimum horizontal distance of 150 feet from any domestic, industrial, irrigation, or public water supply well, or other sensitive feature.

   4. (4) Exemptions from this section.

      1. (A) Equipment used to transmit electricity that utilizes insulating oil for insulation or cooling purposes, including transformers and oil circuit breakers, are exempt from this subsection. Construction of supporting structures is a regulated activity for which a water pollution abatement plan under subsection (a)(1) of this section is required.
      2. (B) Permanent storage facilities with a cumulative storage capacity of less than 500 gallons are exempt from this section.

6. (f) Notification and Inspection.

   1. (1) The applicant must provide written notification of intent to commence construction, replacement, or rehabilitation to the appropriate regional office 48 hours prior to commencing such regulated activity. Written notification shall include the date on which the regulated activity will commence and identify the approved plan under which the regulated activity will proceed. For purposes of determining whether the applicant is eligible to an extension of the approval of a plan, construction will not be deemed to have commenced until receipt by the appropriate regional office of a subsequent notice verifying that construction was commenced on a specific date.

   2. (2) If any sensitive feature is discovered during construction, replacement, or rehabilitation, all regulated activities near the sensitive feature must be suspended immediately. The holder of an approved Edwards Aquifer protection plan must immediately notify the appropriate regional office of any sensitive features encountered during construction before continuing construction. Regulated activities near the sensitive feature may not proceed until the executive director has reviewed and approved the methods proposed to protect the sensitive feature and the Edwards Aquifer from potentially adverse impacts to water quality.

      1. (A) The holder of an approved sewage collection system plan, must meet the following.

         1. (i) Upon completion of any lift station excavation, a geologist shall certify that the excavation has been inspected for the presence of sensitive features. Certification that the excavation has been inspected shall be submitted to the appropriate regional office. Further excavation and installation activities shall not proceed until the executive director has reviewed and approved the methods proposed to protect any sensitive feature discovered during this inspection and the Edwards Aquifer from potentially adverse impacts to water quality from the lift station. Construction may continue if the geologist certifies that, in their assessment of the excavation, no sensitive feature or features were present.
         2. (ii) A Texas Registered Professional Engineer shall submit proposed plans for insuring the structural integrity of the sewer line or modifying the proposed collection system alignment around the feature.
      2. (B) Upon completion of tankhold excavation under an approved underground storage tank facility plan, a geologist shall certify that the excavation has been inspected for the presence of sensitive features. Certification that the excavation has been inspected shall be submitted to the appropriate regional office. Installation activities shall not proceed until the executive director has reviewed and approved the methods proposed to protect any sensitive feature found during this inspection and the Edwards Aquifer from potentially adverse impacts to water quality from the underground storage tank system. This protection method shall be consistent with subsection (d)(1)(B) of this section. Construction may continue if the geologist certifies that, in their assessment of the excavation, no sensitive feature or features were present.
   3. (3) The executive director must determine the acceptability of plans intended to demonstrate methods to mitigate potential contamination associated with the sensitive feature within one week of receiving the plans.
7. (g) On-site sewerage systems. On-site sewerage systems located on the recharge zone of the Edwards Aquifer must be designed, installed, maintained, repaired, and replaced in accordance with §285.40 of this title (relating to OSSFs on the Recharge Zone of the Edwards Aquifer) and other applicable provisions contained in Chapter 285.
8. (h) Exemption. The installation of natural gas, telephone or electric lines, water lines, or other such utility lines which are not designed to carry and will not carry pollutants, stormwater runoff, sewage effluent, or treated effluent from a wastewater treatment facility is exempt from the Edwards Aquifer protection plan submittal requirements under this section. The construction of these facilities on the recharge zone is a regulated activity and the installation and maintenance of appropriate temporary erosion and sedimentation controls is required. All temporary erosion and sedimentation controls must be installed prior to construction, must be maintained during construction, and shall be removed when vegetation is established and the construction area is stabilized. The executive director may monitor stormwater 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.