Application Submission and Review
Beginning November 1, 2014, the review process for Edwards Aquifer applications will change. By submitting your application, you confirm that your Edwards Aquifer protection plan is final, contains all required information and attachments, and includes the correct number of copies. If the plan is not complete, it will not be accepted. You and your agent will receive a Notice of Deficiency (NOD), and you will have to resubmit the application.
Submitting Your Application
- Review your application for administrative completeness. You can review the Edwards Aquifer Protection Plan - Required Forms Flowchart to ensure that you have included all required forms and attachments.
- Include the correct number of copies. Submit:• one original application,
• one copy of the application,
• one copy for each affected incorporated city,
• one copy for each county in which the project will be located, and
• one copy for each groundwater conservation district (Groundwater Conservation Districts within the EAPP Boundaries).
- Ensure that your construction plans are at a scale large enough for the reviewer to easily see all pertinent information. Please provide one full-size set of plan sheets with the original application and half-size sets with each additional copy.
- Submit your completed application to the TCEQ regional office that serves the county where your project is located. The best way to submit your application is by appointment with an EAPP staff member. We will meet with either you or your agent to review your application and discuss any points you want to further explore.
Hays, Travis and Williamson Counties:
Austin Regional Office
12100 Park 35 Circle
Austin, TX 78753
Bexar, Comal, Kinney, Medina and Uvalde Counties:
San Antonio Regional Office
14250 Judson Rd.
San Antonio, TX 78233-4480
Our Review of Your Application
The Edwards Aquifer program staff conducts an administrative and technical review of all applications. The turnaround time for administrative review can be up to 30 days as outlined in 30 TAC 213.4(e). Generally administrative completeness is determined during the intake meeting or within a few days of receipt. The turnaround time for technical review of an administratively complete Edwards Aquifer application is 90 days as outlined in 30 TAC 213.4(e). Please know that the review and approval time is directly impacted by the quality and completeness of the initial application that is received. In order to conduct a timely review, it is imperative that the information provided in an Edwards Aquifer application include final plans, be accurate, complete, and in compliance with 30 TAC 213 .
- Edwards Aquifer applications must be deemed administratively complete before a technical review can begin. To be considered administratively complete, the application must contain completed forms and attachments, provide the requested information, and meet all the site plan requirements. The submitted application and plan sheets should be final plans. Please submit one full-size set of plan sheets with the original application, and half-size sets with the additional copies.
To ensure that all applicable documents are included in the application, the program has developed tools to guide you and web pages to provide all forms, checklists, and guidance. Please visit the Edwards Aquifer Protection Plans Web page to view these resources.
- This Edwards Aquifer Application Cover Page form (certified by the applicant or agent) must be included in the application and brought to the administrative review meeting.
- Administrative reviews are scheduled with program staff who will conduct the review. Applicants or their authorized agent should call the appropriate regional office, according to the county in which the project is located, to schedule a review. The average meeting time is one hour.
- In the meeting, the application is examined for administrative completeness. Deficiencies will be noted by staff and emailed or faxed to the applicant and authorized agent at the end of the meeting, or shortly after. Administrative deficiencies will cause the application to be deemed incomplete and returned.
An appointment should be made to resubmit the application. The application is re-examined to ensure all deficiencies are resolved. The application will only be deemed administratively complete when all administrative deficiencies are addressed.
- If an application is received by mail, courier service, or otherwise submitted without a review meeting, the administrative review will be conducted within 30 days. The applicant and agent will be contacted with the results of the administrative review. If the application is found to be administratively incomplete, it can be retrieved from the regional office or returned by regular mail. If returned by mail, the regional office may require arrangements for return shipping.
- If the geologic assessment was completed before October 1, 2004 and the site contains “possibly sensitive” features, the assessment must be updated in accordance with the Instructions to Geologists (TCEQ-0585 Instructions).
- When an application is deemed administratively complete, the technical review period begins. The regional office will distribute copies of the application to the identified affected city, county, and groundwater conservation district whose jurisdiction includes the subject site. These entities and the public have 30 days to provide comments on the application to the regional office. All comments received are reviewed by TCEQ.
- A site assessment is usually conducted as part of the technical review, to evaluate the geologic assessment and observe existing site conditions. The site must be accessible to our staff. The site boundaries should be clearly marked, features identified in the geologic assessment should be flagged, roadways marked and the alignment of the Sewage Collection System and manholes should be staked at the time the application is submitted. If the site is not marked the application may be returned.
- We evaluate the application for technical completeness and contact the applicant and agent via Notice of Deficiency (NOD) to request additional information and identify technical deficiencies. There are two deficiency response periods available to the applicant. There are 14 days to resolve deficiencies noted in the first NOD. If a second NOD is issued, there is an additional 14 days to resolve deficiencies. If the response to the second notice is not received, is incomplete or inadequate, or provides new information that is incomplete or inadequate, the application must be withdrawn or if not withdrawn the application will be denied and the application fee will be forfeited.
- The program has 90 calendar days to complete the technical review of the application. If the application is technically adequate, such that it complies with the Edwards Aquifer rules, and is protective of the Edwards Aquifer during and after construction, an approval letter will be issued. Construction or other regulated activity may not begin until an approval is issued.
It is important to have final site plans prior to beginning the permitting process with TCEQ to avoid delays.
Occasionally, circumstances arise where you may have significant design and/or site plan changes after your Edwards Aquifer application has been deemed administratively complete by TCEQ. This is considered a “Mid-Review Modification”. Mid-Review Modifications may require redistribution of an application that includes the proposed modifications for public comment.
If you are proposing a Mid-Review Modification, two options are available to you:
• You can withdraw your application, and your fees will be refunded or credited for a resubmittal.
• TCEQ can continue the technical review of the application as it was submitted, and a modification application can be submitted at a later time.
If the application is withdrawn, the resubmitted application will be subject to the administrative and technical review processes and will be treated as a new application. The application will be redistributed to the effected jurisdictions.
If you are located in Williamson, Travis, or Hays County, call the TCEQ’s Austin Regional Office at 512-339-2929. For help in Comal, Bexar, Medina, Uvalde, or Kinney County, call TCEQ’s San Antonio Regional Office at 210-490-3096.