| (a) In addition to other standard permit conditions
listed elsewhere in this chapter, the following conditions and other
applicable standards listed in Chapter 331 of this title (relating
to Underground Injection Control) shall be incorporated into each
permit expressly or by reference to this chapter. The commission may
impose stricter standards where appropriate.
(1) Construction requirements. Section 331.62 and §331.82
of this title (relating to Construction Standards; and Construction
Requirements).
(2) Compliance schedule. See §305.127(3)(E) of
this title (relating to Conditions to be Determined for Individual
Permits).
(3) Construction plans. Changes in construction plans
shall be approved under §331.45 of this title (relating to Executive
Director Approval of Construction and Completion), or, by minor modification
according to §305.72 of this title (relating to Underground Injection
Control (UIC) Permit Modifications at the Request of the Permittee).
(4) Commencing operations. Commencement of injection
operations before approval by the executive director of construction
and completion is a violation of the permit and may be considered
grounds for revocation or suspension of the permit, and for enforcement
action. Except for new wells authorized by an area permit under subsection
(b) of this section, a new injection well may not commence injection
until construction is complete, and:
(A) the permittee has submitted notice of completion
of construction to the executive director; and
(B) the executive director has inspected or otherwise
reviewed the new injection well and finds it complies with the conditions
of the permit; or
(C) the permittee has not received notice from the
executive director of intent to inspect or otherwise review the new
injection well within 13 days of the date of the notice in subparagraph
(A) of this paragraph, in which case prior inspection or review is
waived and the permittee may commence injection. The executive director
shall include in the notice a reasonable time period in which he shall
inspect the well.
(D) for Class I wells, submission of the completion
report required by §331.65(b)(1) of this title (relating to Reporting
Requirements) shall constitute the notice required in subparagraph
(A) of this paragraph.
(5) Operating requirements. Section 331.63 and §331.83
of this title (relating to Operating Requirements).
(6) Monitoring and reporting. All permits shall specify
requirements concerning the proper use, maintenance and installation,
when appropriate, of monitoring equipment or methods including type,
intervals, and frequency sufficient to yield data which are representative
of the monitored activity including when appropriate, continuous monitoring.
Reporting shall be no less frequent than specified in the appropriate
sections of Chapter 331 of this title: Section 331.64 of this title
(relating to Monitoring and Testing Requirements and §331.65
of this title; §331.84 and §331.85 of this title (relating
to Monitoring Requirements; and Reporting Requirements); or Chapter
331, Subchapter F of this title (relating to Standards for Class III
Well Production Area Development).
(7) Closure. The permittee shall notify the executive
director and obtain approval before plugging an injection well. After
failing to operate for a period of two years, the owner or operator
shall close the well in accordance with an approved plan unless:
(A) notice is provided to the executive director; and
(B) actions and procedures are described, satisfactory
to the executive director, that the owner or operator will take to
ensure that the well will not endanger underground sources of drinking
water during the period of temporary abandonment. These actions and
procedures shall include compliance with the technical requirements
applicable, unless waived by the executive director.
(8) Corrective action requirements. Section 331.44
of this title (relating to Corrective Action Standards) and §305.152
of this title (relating to Corrective Action).
(9) Financial assurance requirements. The permittee
is required to demonstrate and maintain financial responsibility and
resources to close, plug, and abandon in accordance with Chapter 37,
Subchapter Q of this title (relating to Financial Assurance for Underground
Injection Control Wells). The permittee shall show evidence of such
financial responsibility to the executive director.
(10) Post-closure requirements. Section 331.68 of this
title (relating to Post-Closure Care).
(11) Liability coverage requirements. The permittee
of hazardous waste injection wells shall maintain sufficient liability
coverage for bodily injury and property damage to third parties that
is caused by sudden and non-sudden accidents in accordance with Chapter
37, Subchapter Q of this title.
(b) Area permits shall specify:
(1) The area within which underground injections are
authorized.
(2) The requirements for construction, monitoring,
reporting, operation, and abandonment for all wells authorized by
the permit.
(3) The area permit may authorize the permittee to
construct and operate, convert, or plug and abandon wells within the
permit area provided:
(A) the permittee notifies the executive director at
such time as the permit requires;
(B) the additional well satisfies the criteria in §331.7(b)
of this title (relating to Permit Required) and meets the requirements
specified in the permit under paragraphs (1) and (2) of this subsection;
and
(C) the cumulative effects of drilling and operation
of additional injection wells are considered by the executive director
during evaluation of the area permit application and are acceptable
to the executive director.
(4) If the executive director determines that any well
constructed pursuant to paragraph (3) of this subsection does not
satisfy any of the requirements of this subsection, the executive
director may amend, terminate, or take enforcement action. If the
executive director determines that cumulative effects are unacceptable,
the permit may be amended under §305.62 of this title (relating
to Amendments).
(5) Permit range table. The high and low values for
each aquifer restoration parameter are identified in §331.104(b)
of this title (relating to Establishment of Baseline and Control Parameters
for Excursion Detection). All values shall be determined in accordance
with the requirements of §305.49(a)(10) of this title (relating
to Additional Contents of Application for an Injection Well Permit).
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| Source Note: The provisions of this §305.154 adopted to be effective June 19, 1986, 11 TexReg 2598; amended to be effective July 5, 1989, 14 TexReg 3046; amended to be effective February 11, 1997, 22 TexReg 1169; amended to be effective March 21, 2000, 25 TexReg 2368; amended to be effective November 23, 2000, 25 TexReg 11415; amended to be effective December 11, 2014, 39 TexReg 9581 |
