Edwards Aquifer: Application and Review

The Edwards Aquifer Protection Program is moving to electronic management of applications and records. Hard copies will no longer be accepted for review and approval.

1. Review your application for administrative completeness. You can visit Edwards Aquifer Protection Plan: What Forms You Might Need to ensure that you have included all required forms and attachments.
2. Schedule an administrative review of your application with the applicable regional office to the county of your project.

   Hays, Travis and Williamson Counties:
   Austin Regional Office
   12100 Park 35 Circle
   Austin, TX 78753
   (512) 339-2929

   Bexar, Comal, Kinney, Medina and Uvalde Counties:
   San Antonio Regional Office
   14250 Judson Rd.
   San Antonio, TX 78233-4480
   (210) 490-3096

   You can also email: EAAdmin@tceq.texas.gov

3. On the scheduled intake day, you will be asked to submit one pdf file of the complete application with attachments to the TCEQ FTPS website for administrative review. Files cannot be shared with other applications due to agency firewalls.

   TCEQ FTPS (texas.gov)

   PDF files must be flattened and cannot include copies of checks, proprietary information, or other confidential information. If the pdf is found insufficient the application will not be accepted by the program for technical review.

4. If an application is received by mail, courier service, or otherwise submitted without a scheduled review day, the applicant or agent will be asked to pick up the application and to please schedule an administrative review.

The turnaround time for program staff to conduct the administrative review can be up to 30 days as outlined in Title 30, Texas Administrative Code (30 TAC) Subsection 213.4(e)

1. 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 electronic copy of the application and plan sheets combined in one PDF file.

   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.

2. During the administrative review, the application is examined for completeness. Deficiencies will be noted by staff and emailed to the applicant and authorized agent at the end of the administrative review. 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.
3. If the geologic assessment was not completed within the last ten (10) years, the assessment must be updated in accordance with the Instructions to Geologists ( PDF, Word).

4. If the application is deemed administratively complete, payment can be made through E-pay. Instructions will be provided by the administrative reviewer.

   Please visit the link at https://www3.tceq.texas.gov/epay/

1. When an application is deemed administratively complete, the technical review period begins. The regional office will upload an electronic copy of the application to the webpage, Edwards Aquifer Protection Plan Applications Under Review, and will notify 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 Edwards Aquifer Protection Program at the following program email: eapp@tceq.texas.gov. All comments received are reviewed by TCEQ Edwards Aquifer Protection Program.

2. Applications will be submitted as electronic files; however, during technical review one full-size set of plan sheets may be requested by the Edwards Aquifer Protection Program in order to complete the technical review. Ensure that your construction plans are at a scale large enough for the reviewer to easily see all pertinent information.
3. 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, this will delay the technical review of an application.
4. 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 denied. Please note that because the technical review is underway, whether the application is withdrawn or denied the application fee will be forfeited.
5. 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:

• If the technical review has begun your application can be denied/withdrawn, your fees will be forfeited, and the plan will have to be resubmitted.
• 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 denied/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 affected 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.