1. (a) Granting of exceptions. Exceptions to any substantive provision of this subchapter related to the protection of water quality may be granted by the executive director if the requestor can demonstrate equivalent water quality protection for surface streams which enter the recharge zone of the Edwards Aquifer. Prior approval under this section must be obtained from the executive director for the exception to be authorized.

2. (b) Procedure for requesting an exception. A person requesting an exception to the provisions of this subchapter relating to the protection of water quality must file an original and one copy of a written request with the executive director at the appropriate regional office stating in detail:

   1. (1) the name, address, and telephone numbers of the requestor;
   2. (2) site and project name and location;
   3. (3) the nature of the exception requested;
   4. (4) the justification for granting the exception as described in subsection (a) of this section; and
   5. (5) any other pertinent information that the executive director requests.
3. (c) Fees related to requests for exceptions. A complete application for an exception, as described in this section, must be submitted with the appropriate fee as specified in §213.28 of this title (relating to Contributing Zone Plan Application and Exception Fees). If the exception request fee is not submitted in the correct amount, the executive director is not required to consider the exception request until the correct fee is submitted.

Source Note:The provisions of this §213.26 adopted to be effective June 1, 1999, 23 TexReg 10489.