| (a) An exempted aquifer is an aquifer or a portion of an aquifer which meets the criteria for fresh water but which has been designated an exempted aquifer by the commission after notice and opportunity for public hearing. Those aquifers or portions of aquifers which were designated for exemption by the Texas Department of Water Resources in its original application for program approval submitted to the United States Environmental Protection Agency shall be considered to be exempted aquifers. (b) Except for injection authorized by rule, the commission may require a permit for injection into an exempted aquifer to protect fresh water outside the exempted aquifer which may be subject to pollution caused by the injection. (c) An aquifer or portion of an aquifer may be designated as an exempted aquifer if the following criteria are met: (1) It does not currently serve as a source of drinking water for human consumption; and (2) Until exempt status is removed according to procedures in subsection (f) of this section, it will not in the future serve as a source of drinking water for human consumption because: (A) It is mineral, hydrocarbon or geothermal energy bearing with production capability; (B) It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; (C) It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or, (D) It is located above a Class III well mining area subject to subsidence or catastrophic collapse. (d) No designation of an exempted aquifer submitted as part of a UIC Program shall be final until approved by the EPA as part of the delegated UIC program. (e) Subsequent to program approval or promulgation, the commission may, after notice and opportunity for a public hearing, identify additional exempted aquifers. The commission delegates to the executive director the authority to designate an exempt aquifer under this section if no request for a public hearing is received within the designated comment period provided in the public notice. (f) After notice and opportunity for public hearing, the designation of exempted aquifer may be removed by the commission thereby eliminating the exempt status, provided restoration has been accomplished if required. |
| Source Note: The provisions of this §331.13 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 March 12, 2009, 34 TexReg 1638 |
