|(a) Upon encountering water injurious to vegetation,
land, or other water, a driller or installer shall:
(1) comply with the notification requirements of §1901.254
and §1902.252 of the Code; and
(2) as quickly as possible, plug, repair or properly
complete the well pursuant to the standards adopted by the commission
in order to avoid injury or pollution.
(b) The driller may, subject to the consent of the
landowner or person having the well drilled, make the well into a
completed monitoring well or into a well otherwise producing injurious
water in accordance with §76.102.
(c) If a driller encounters injurious water and the
well is not plugged or made into a completed monitoring well producing
injurious water, the driller shall ensure that the well drilled, deepened
or altered is completed as quickly as possible as follows:
(1) When injurious water is encountered in a water
well, the injurious water shall be sealed off and confined to the
zone(s) of origin.
(2) When injurious water is encountered in a zone overlying
fresh water, the driller shall case the water well from the production
zone back to the land surface to ensure the protection of water quality.
(3) The annular space between the casing and the wall
of the borehole shall be pressure grouted with positive displacement
technique or the well is tremie pressured filled provided the annular
space is three inches larger than the casing with cement or bentonite
grout from the production zone to the land surface to ensure the protection
of groundwater. Bentonite grout may not be used if a water zone contains
chlorides above one thousand five hundred (1,500) parts per million
(milligrams per liter) or if hydrocarbons are present.
(4) When injurious water is encountered in a zone underlying
a fresh water zone, the part of the wellbore opposite the injurious
water zone shall be filled with pressured cement or bentonite grout
to the bottom of the production zone to prevent the entrance of the
injurious water into the water well. Bentonite grout may not be used
if a water zone contains chlorides above one thousand five hundred
(1,500) parts per million (milligrams per liter) or if hydrocarbons
(5) For class V injection wells that encounter injurious
water, the driller must comply with applicable requirements of the
Texas Commission on Environmental Quality 30 TAC Chapter 331.
(d) Upon encountering water that may not be injurious
to vegetation, land or other water but has the potential to cause
pollution if commingled with fresh water or water from a different
production zone, a driller or installer shall, as soon as possible,
notify the landowner, or person having the well drilled, and ensure
that the water is sealed off and confined to the zone of origin.
|Source Note: The provisions of this §76.101 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090; amended to be effective April 1, 2018, 43 TexReg 1635