(a) Injection wells within the jurisdiction of the
commission are classified as follows.
(1) Class I:
(A) wells used by generators of hazardous wastes or
owners or operators of hazardous waste management facilities to inject
hazardous waste, other than Class IV wells;
(B) other industrial and municipal waste disposal wells
which inject fluids beneath the lower-most formation which within
1/4 mile of the wellbore contains an underground source of drinking
water (USDW); and
(C) radioactive waste disposal wells which inject fluids
below the lower-most formation containing a USDW within 1/4 mile of
the wellbore.
(2) Class III. Wells which are used for the extraction
of minerals, including:
(A) mining of sulfur by the Frasch process; and
(B) solution mining of minerals which includes sodium
sulfate, sulfur, potash, phosphate, copper, uranium and any other
minerals which can be mined by this process.
(3) Class IV. Wells used by generators of hazardous
wastes or of radioactive wastes, by owners or operators of hazardous
waste management facilities, or by owners or operators of radioactive
waste disposal sites to dispose of hazardous wastes or radioactive
wastes into or above a formation which within 1/4 mile of the wellbore
contains a USDW.
(4) Class V. Class V wells are injection wells not
included in Classes I, II, III, or IV. Generally, wells covered by
this paragraph inject nonhazardous fluids into or above formations
that contain USDWs. Except for Class V wells within the jurisdiction
of the Railroad Commission of Texas, all Class V injection wells are
within the jurisdiction of the commission and include, but are not
limited to:
(A) air conditioning return flow wells used to return
to the supply aquifer the water used for heating or cooling in a heat
pump;
(B) closed loop injection wells which are closed system
geothermal wells used to circulate fluids including water, water with
additives, or other fluids or gases through the earth as a heat source
or heat sink;
(C) large capacity cesspools or other devices that
receive greater than 5,000 gallons of waste per day, which have an
open bottom and sometimes have perforated sides;
(D) cooling water return flow wells used to inject
water previously used for cooling;
(E) drainage wells used to drain surface fluid, primarily
storm runoff, into a subsurface formation;
(F) drywells used for the injection of wastes into
a subsurface formation;
(G) recharge wells used to replenish the water in an
aquifer;
(H) salt water intrusion barrier wells used to inject
water into a freshwater aquifer to prevent the intrusion of salt water
into the fresh water;
(I) sand backfill wells used to inject a mixture of
water and sand, mill tailings, or other solids into mined out portions
of subsurface mines;
(J) septic systems designed to inject greater than
5,000 gallons per day of waste or effluent;
(K) subsidence control wells (not used for the purpose
of oil or natural gas production) used to inject fluids into a non-oil
or gas producing zone to reduce or eliminate subsidence associated
with the overdraft of fresh water;
(L) wells used for the injection of water for storage
and subsequent retrieval for beneficial use as part of an aquifer
storage and recovery project;
(M) motor vehicle waste disposal wells which are used
or have been used for the disposal of fluids from vehicular repair
or maintenance activities, such as an automotive repair shop, auto
body shop, car dealership, boat, motorcycle or airplane dealership,
or repair facility;
(N) improved sinkholes;
(O) aquifer remediation wells, temporary injection
points, and subsurface fluid distribution systems used to inject nonhazardous
fluids into the subsurface to aid in the remediation of soil and groundwater;
and
(P) subsurface fluid distribution systems.
(b) Class II wells and Class III wells used for brine
mining fall within the jurisdiction of the Railroad Commission of
Texas.
(c) Baseline wells and monitor wells associated with
Class III injection wells within the jurisdiction of the commission
are also subject to the rules specified in this chapter.
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Source Note: The provisions of this §331.11 adopted to be effective May 13, 1986, 11 TexReg 1980; amended to be effective June 28, 1996, 21 TexReg 5443; amended to be effective April 28, 1997, 22 TexReg 3526; amended to be effective June 25, 2000, 25 TexReg 5906; amended to be effective November 23, 2000, 25 TexReg 11433; amended to be effective July 12, 2001, 26 TexReg 5019; amended to be effective March 29, 2006, 31 TexReg 2690; amended to be effective May 19, 2016, 41 TexReg 3513; amended to be effective June 9, 2022, 47 TexReg 3266 |