1. (a) These rules apply only to the contributing zone as defined in §213.22 of this title (relating to Definitions) of the Edwards Aquifer. These rules are not intended to be applied to any other contributing zones for any other aquifers in the state of Texas.
2. (b) These rules apply 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.
3. (c) Areas identified as contributing zone within the transition zone described by definition §213.22(2) of this title and delineated on the official recharge and transition zone maps of the agency as provided by §213.3(25) and (34) of this title (relating to Definitions), respectively, are subject to both the requirements of this subchapter governing the contributing zone and to the provisions of §213.5(a)(3)and (4); 213.5(d), (e), and (f) of this title (relating to Prohibited Activities); 213.7 of this title (relating to Required Edwards Aquifer Protection Plans, Notification, and Exemptions); and 213.8(b) of this title (relating to Prohibited Activities) which govern activities in the transition zone.
4. (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.
5. (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).
6. (f) Regulated activities will be considered to have commenced construction and not subject to this subchapter if, on the effective date of the rule, 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 the rule.

7. (g) Assumption of program by local government.

   1. (1) A local governmental entity may assume the rights, duties, and responsibilities to review and either approve or deny contributing zone protection plan applications within its boundaries and monitor and enforce compliance with plans if the local government obtains certification from the executive director.

   2. (2) In order to obtain certification, the local government must demonstrate:

      1. (A) it has a water quality protection program equal to or more stringent than the rules contained in this subchapter, including but not limited to a program that:

         1. (i) regulates activities covered under this chapter, and
         2. (ii) has performance standards equal to or more protective of water quality;
      2. (B) it has adopted ordinances or has other enforceable means sufficient to enforce the program throughout the local governmental entities jurisdiction; and
      3. (C) it has adequate resources to implement and enforce the program.
   3. (3) Upon approval of a request for certification under this subsection, the executive director shall enter into an agreement with the local governmental entity to provide for the terms and conditions of program assumption, including executive director oversight. Nothing in a certification or agreement shall affect the commission's ability to enforce its water quality protection rules or applicable state law.
   4. (4) An agreement under paragraph (3) of this subsection shall not provide for the payment of fees required by this chapter to the local entity; rather, fees shall be paid to the commission. Nor shall such agreement provide for partial assumption of the program unless expressly authorized by the commission.
   5. (5) Certification shall be for a term not to exceed five years, subject to renewal.
   6. (6) Upon written notice, certification may be revoked or suspended by the executive director if the local entity does not meet the terms and conditions of the agreement provided under paragraph (4) of this subsection or fails to meet the criteria for certification provided under paragraph (2) of this subsection.
   7. (7) A decision by the executive director under this subsection is not subject to appeal to the commission.
8. (h) The effective date of this subchapter is June 1, 1999.

Source Note:The provisions of this §213.21 adopted to be effective June 1, 1999, 23 TexReg 10489.