§ 35-521. Edwards Aquifer Recharge Protection.

See chapter 34, article VI, division 6 of the City Code.

(a)

Abrogation and Greater Restrictions. This division is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where the language of this division conflicts with language used elsewhere in this chapter, that which imposes the more stringent restrictions shall prevail.

(b)

Purpose. The Edwards Recharge Zone overlay district (ERZD) has been established for locations where the Edwards and associated limestone formations come to the surface to provide a recharge area for the underground water supply contained to provide a recharge area for the underground water supply contained within these formations. The recharge area also can provide an entrance to the underground water supply for contaminated water run-off from uses on the recharge zone as well as from the related sensitive area. Thus this recharge zone district is designed to not allow land uses that would produce toxic, corrosive, polluted, poisonous, radioactive, unpalatable, or otherwise dangerous substances injurious to the public health or which could otherwise adversely affect the water supply, and thereby minimizing the risk of potential occurrences wherein such substances could enter the water reservoir. Land uses permitted are those not having operations, production, or storage of hazardous materials that could contribute contaminants to the water supply. Additional land uses are permitted with appropriate restrictions, which will protect against the spread of contaminants due to the operations.

(c)

Boundaries. The limits of the Edwards Recharge Zone are described on United States Geological Survey Quadrangle Maps, being copies of the official maps in the offices of the Texas Natural Resource Conservation Commission (TNRCC), and are defined in the Texas Administrative Code, 31 TAC 213. If the limits of the ERZD cannot be accurately determined, then the zoning board of adjustments shall interpret the district boundaries after obtaining such geologic information as is necessary from the San Antonio Water System, the TEQC, the United States Geological Survey (USGS) or other properly designated agency.

(d)

Zoning District.

(1)

Overlay District. The Edwards Recharge Zone overlay district is designated as an overlay to all zoning districts. Property located within this overlay district must also be designated as being within one (1) of the regular zoning districts. Authorized uses must be permitted in both the base zoning district and the overlay district.

(2)

Zoning Designation. The zoning designation of property located within the Edwards Recharge Zone overlay district shall consist of the regular zone symbol and the overlay district symbol as a suffix. For example, if a parcel is zoned "MF-33" and is also located within the Edwards Recharge Zone overlay district, the zoning designation of the property would be "MF-33"(ERZD). In effect, the designation of property as being within the Edwards Recharge Zone overlay district places such property in a new zoning district and all procedures and requirements for zoning and rezoning must be followed.

(e)

Uses Permitted Within the ERZD. Uses permitted by right and with special city council approval are specified in division 8 of the article, permitted uses. It shall be unlawful for any person to make use of any property located within the Edwards Recharge Zone district, except in accordance with such tables of permitted uses.

(f)

Site Investigation Report.

(1)

The staff recommendation on all zoning/rezoning cases within the ERZD shall include a report from the San Antonio Water System Resource Protection and Compliance Department. The report shall contain a background description to include a discussion of the development, surrounding uses, geologic factors, on-site point and non-point pollution sources, sewer lines, proposed pollution abatement structures, and whether a water pollution abatement plan has been submitted.

(2)

The report shall also contain a summation of facts and implications on the recharge zone; recommendation on zoning, pollution abatement plan needs, and monitoring requirements; and maps of the development and surrounding developments.

(3)

Exceptions. A report shall not be required for rezoning cases initiated by the City of San Antonio, however the San Antonio Water Systems may prepare an optional report at no cost to the city.

(g)

Water Pollution Abatement Plan. As a condition of all zonings/rezonings within the ERZD, a water pollution abatement plan approved by the TCEQ shall be required for all regulated development as established and defined by Texas Administrative Code, 31 TAC 213, prior to the issuance of a building permit and/or certificate of occupancy.

(h)

Underground Storage Tanks.

(1)

All new and replacement underground storage tank systems within the ERZD shall comply with this section and the most current regulations in 31 TAC Chapter 334, Underground and Aboveground Storage Tanks, which is incorporated by reference as part of this chapter.

(2)

New and replacement underground storage tanks installed within the ERZD shall require tertiary containment. The tertiary barrier shall consist of an artificially constructed material that is sufficiently thick and impermeable (at least 10-6 cm/sec or allow permeation at a rate of no more than 0.25 ounces per square foot per twenty-four (24) hours for the regulated substance stored) and be able to direct a release to the monitoring point and permit its detection. The barrier material shall be compatible with the regulated substance stored so that a release from the underground storage tank system will not cause a deterioration of the barrier allowing a release to pass through undetected.

(3)

All new and replacement underground storage tank systems shall include a monitoring and detection system able to detect a release between the underground storage tank and the tertiary barrier. The monitoring and release detection system must be capable of detecting a two-tenths (0.2) gallon per hour leak rate or a release of one hundred fifty (150) gallons within thirty (30) days such that the probability of detection shall be at least ninety-five (95) percent and the probability of false alarm shall be no greater than five (5) percent.

(i)

Underground Storage Tanks.

(1)

Generally. The installation of any new underground storage tank systems within the Edwards Recharge Zone district is prohibited. Any existing underground storage tanks that require additional upgrades, including replacement of existing underground storage tanks, must meet the current Unified Development Code standards.

(2)

State Regulations. All replacement underground storage tank systems within the ERZD shall comply with this section and the most current regulations in 31 TAC Chapter 334, Underground and Aboveground Storage Tanks, which are incorporated by reference as part of this chapter. All new and replacement underground storage tank systems within the Edwards Aquifer Transition Zone shall comply with this section and the most current regulations in 31 TAC Chapter 334, Underground and Aboveground Storage Tanks, and 31 TAC 213, Edwards Aquifer, which is incorporated by reference in this chapter.

(3)

Tertiary Containment. Replacement underground storage tanks installed within the ERZD shall require tertiary containment. New and replacement underground storage tank systems installed within the Edwards Aquifer Transition Zone shall require tertiary protection. The tertiary barrier shall consist of an artificially constructed material that is sufficiently thick and impermeable (at least 10-6 cm/sec or allow permeation at a rate of no more than 0.25 ounces per square foot per twenty-four (24) hours for the regulated substance stored) and be able to direct a release to the monitoring substance stored so that a release from the underground storage tank system will not cause a deterioration of the barrier allowing a release to pass through undetected.

(4)

Monitoring System. Replacement underground storage tank systems shall include a monitoring and detection system able to detect a release between the underground storage tank and the tertiary barrier. The monitoring and release detection system must be capable of detecting a two-tenths (0.2) gallon per hour leak rate or a release of one hundred fifty (150) gallons within thirty (30) days such that the probability of detection shall be at least ninety-five (95) percent and the probability or false alarm shall be no greater than five (5) percent.

(5)

Single Wall Underground Storage Tank Systems Within ERZD. Single wall underground storage tank systems within the Edwards Recharge Zone district are prohibited. All existing single wall underground storage tank systems within the Edwards Transition Zone, installed prior July 2, 1986 and in conformance with all the USEPA December 22, 1998 update requirements shall be removed and upgraded to current Unified Development Code standards by the date of December 22, 2003.

(6)

Fee. A fee specified in Appendix "C" shall be required by the San Antonio Water System for Underground Storage Tanks (UST) located on the Edwards Recharge Zone district and the Edwards Transition Zone to ensure compliance with Ordinance No. 81147 and all requirements of Chapter 34 of the City Code regulating underground storage tanks over the Edwards Recharge Zone and Transition Zone. The fees include an initial permit fee (per site), an annual inspection fee (per site), and beginning in 1998, a renewal fee every three (3) years (per tank).

(Ord. No. 96564 § 2) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)