Consideration of issues related to proposed amendments to 30 TAC Chapter 213, Subchapter A: Edwards Aquifer in Medina, Bexar, Comal, Kinney, Uvalde, Hays, Travis, and Williamson Counties and proposed new 30 TAC Chapter 213, Subchapter B, §§213.20 through 213.28, concerning the Contributing Zone to the Edwards Aquifer in Medina, Bexar, Comal, Kinney, Uvalde, Hays, Travis, and Williamson Counties. The proposed amendments and new subchapter would regulate activities having the potential for polluting the Edwards Aquifer and hydro-logically connected surface water by expanding the scope of regulated activities to the contributing zone of the aquifer and providing for water quality performance standards for all best management practices and measures. Mary Ambrose (Office of Policy and Regulatory Development); Steve Musick (Office of Water Resource Management), Anthony Tatu (Legal), and Larry Smith (Field Operations) presented this item. The commission provided the following guidance regarding the multiple issues presented by the staff.
- Best Management Practice Performance Standards (in the Recharge and Contributing Zone) and possible alternatives.
- Use the EPA NPDES general permit for storm water discharges from construction activities for temporary (during construction) activities in the Contributing Zone. A copy of the general permit should be filed with the appropriate regional office.
- In the Recharge Zone, adopt the requirements of the EPA NPDES general permit for storm water discharges from construction activities for temporary (during construction) best management with provisions to protect sensitive features.
- Require permanent best management practices to remove 80% of the post-development loadings of total suspended solids in both the Recharge and Contributing Zones.
- The geographic area for inclusion of the contributing zone into the rule remains unchanged from the proposal and will be by county currently affected by the Edwards Rules.
- Exempt the individual home owner who has less than 20% impervious cover from having to submit a plan or pay a fee in either the Recharge or Contributing Zone.
- Exempt low density residential developments on the recharge and contributing zones from permanent structural control requirements. If a subdivision has less than 20% impervious cover, then there will be no requirement for permanent structural controls; however, pollution abatement plans would be submitted and approved by the executive director. Sensitive features in the Recharge Zone must be taken into account in the plans. Staff were directed to look at the feasibility of a similar exemption for non-residential construction.
- For regulated activity occurring in the currently defined recharge zone, Edwards Aquifer pollution abatement plans submitted prior to the effective date of the new rules will be reviewed under the current Chapter 213 rules.
- For regulated activity occurring in the proposed redefined recharge zone or in the contributing zone, activities will be considered to have commenced prior to the effective date of the rules (and therefore not subject to the rules ) if the applicant has obtained all federal, state, and/or local approvals or permits required to begin physical construction, 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.
- Any person can file a motion for reconsideration of the Executive Director’s decision on a plan. The General Counsel will review such motions for reconsideration and decide whether to set them for Commission Agenda, which is the process that the General Counsel currently follows for motions for reconsideration.
Staff was asked to distribute a draft final rule prior to consideration by the commission. Chairman McBee indicated that the commission was compelled to be more proactive in this matter due to the sensitive nature of the aquifer, prompting these controls in the contributing zone, as well as the recharge zone.