| (a) Persons utilizing wells authorized by permit, rule, or
otherwise, who wish to convert the well from its authorized purpose to a new
or additional purpose must first obtain the appropriate approval described
in paragraphs (1) - (4) of this section.
(1) Persons utilizing injection wells authorized by permit
must obtain either a permit amendment pursuant to §305.62 of this title
(relating to Amendment), or if appropriate, a permit revocation pursuant to §305.66
of this title (relating to Permit Denial, Suspension, and Revocation) or §305.67
of this title (relating to Revocation and Suspension Upon Request or Consent).
(2) Persons utilizing injection wells authorized by rule that
are to be converted to a purpose that requires authorization by permit must
obtain a permit.
(3) Persons utilizing injection wells authorized by rule that
are to be converted to a purpose that does not require authorization by permit
must obtain the written approval of the executive director.
(4) Prior to converting a Class V motor vehicle waste disposal
well, the owner or operator must inventory the well with the executive director
under §331.10 of this title (relating to Inventory of Wells Authorized
by Rule) and comply with the conversion requirements under subsection (c)
of this section.
(b) Conversions of wells that remain exclusively within the
jurisdiction of the Railroad Commission are not affected by this rule. For
example, a conversion from a Class II disposal well to a water supply well
regulated by the Railroad Commission would neither enter nor exit the jurisdiction
of this agency and thus would not be subject to this rule.
(c) In limited cases, the executive director may authorize
the conversion of a motor vehicle waste disposal well to another type of Class
V well.
(1) The use of a semi-permanent plug as the means to segregate
waste is not sufficient to convert a motor vehicle waste disposal well to
another type of Class V well.
(2) The executive director may approve the conversion only
if:
(A) the well is inventoried with the executive director under §331.10
of this title;
(B) all motor vehicle fluids are segregated by physical barriers
and are not allowed to enter the well; and
(C) injection of motor vehicle waste is unlikely based on a
facility's compliance history and records showing proper waste disposal.
|
| Source Note: The provisions of this §331.12 adopted to be effective May 13, 1986, 11 TexReg 1980; amended to be effective April 28, 1997, 22 TexReg 3526; amended to be effective November 23, 2000, 25 TexReg 11433; amended to be effective July 12, 2001, 26 TexReg 5019 |
