| (a) Except as authorized in subsection (c) of this
section, for applications submitted on or after September 1, 2001,
injection wells that transect or terminate in the Edwards Aquifer
may be authorized by rule under §331.9 of this title (relating
to Injection Authorized by Rule) or by permit only as follows:
(1) wells that inject groundwater withdrawn from the
Edwards Aquifer may be authorized only if:
(A) the groundwater is unaltered physically, chemically,
or biologically; or
(B) the groundwater is treated in connection with remediation
that is approved by state or federal order, authorization, or agreement
and does not exceed the maximum contaminant levels for drinking water
contained in §290.104 of this title (relating to Summary of Maximum
Contaminant Levels, Maximum Residual Disinfectant Levels, Treatment
Techniques, and Action Levels);
(2) wells that inject non-toxic tracer dyes into the
Edwards Aquifer for the purpose of conducting scientific studies to
determine hydrologic flowpaths may be authorized if the owner or operator
is a federal or state agency, county, municipality, river authority,
or groundwater district;
(3) improved sinkholes or caves located in karst topographic
areas that inject storm water, flood water, or groundwater may be
authorized; and
(4) wells that terminate in a portion of the Edwards
Aquifer that contains groundwater with a total dissolved solids (TDS)
concentration of more than 5,000 milligrams per liter, and:
(A) the water is injected by a utility owned by the
City of New Braunfels;
(B) the injected water has a TDS of less than 1,500
milligrams per liter and is not domestic wastewater, municipal wastewater,
or reclaimed water as defined by Chapter 210 of this title (relating
to Use of Reclaimed Water);
(C) if the injected water is state water, the utility
has a water right or contract for use of the water that does not prohibit
use of the water in an aquifer storage and recovery project; and
(D) the injection of the water complies with the requirements
of Subchapter K of this chapter (relating to Additional Requirements
for Class V Injection Wells Associated With Aquifer Storage and Recovery
Projects).
(b) For the purposes of subsection (a) of this section,
Edwards Aquifer means that portion of an arcuate belt of porous, water-bearing
limestones composed of the Edwards Formation, Georgetown Formation,
Comanche Peak Formation, Salmon Peak Limestone, McKnight Formation,
West Nueces Formation, Devil's River Limestone, Person Formation,
Kainer Formation, and Edwards Group trending from west to east to
northeast through Kinney, Uvalde, Medina, Bexar, Kendall, Comal, Hays,
Travis, and Williamson Counties. The permeable aquifer units generally
overlie the less-permeable Glen Rose Formation to the south, overlie
the less-permeable Comanche Peak and Walnut Formations north of the
Colorado River, and underlie the less-permeable Del Rio Clay regionally.
(c) This subsection applies only to the portion of
the Edwards Aquifer that is within the geographic area circumscribed
by the external boundaries of the Barton Springs-Edwards Aquifer Conservation
District but is not in the jurisdiction of the Edwards Aquifer Authority.
(1) Unless authorized by rule as provided in paragraph
(4) of this subsection or authorized by rule, individual permit, or
general permit issued by the commission as provided in paragraph (5)
of this subsection, all injection wells within the geographic area
described in this subsection are prohibited.
(2) This subsection does not apply to a wastewater
facility permitted under Texas Water Code (TWC), Chapter 26 or a subsurface
area drip dispersal system permitted under TWC, Chapter 32.
(3) Definitions. For the purposes of this subsection:
(A) Edwards Aquifer--That portion of an arcuate belt
of porous, water-bearing limestones composed of the Edwards Formation,
Georgetown Formation, Comanche Peak Formation, Salmon Peak Limestone,
McKnight Formation, West Nueces Formation, Devil's River Limestone,
Person Formation, Kainer Formation, and Edwards Group, together with
the Upper Glen Rose Formation where scientific studies have documented
a hydrological connection to the overlying Edwards Group trending
from west to east to northeast through Kinney, Uvalde, Medina, Bexar,
Kendall, Comal, Hays, Travis, and Williamson Counties. The permeable
aquifer units generally overlie the less-permeable Glen Rose Formation
to the south, overlie the less-permeable Comanche Peak and Walnut
Formations north of the Colorado River, and underlie the less-permeable
Del Rio Clay regionally.
(B) Engineered aquifer storage and recovery facility--A
facility with one or more wells that is located, designed, constructed,
and operated for the purpose of injecting fresh water into a subsurface
permeable stratum and storing the water for subsequent withdrawal
and use for a beneficial purpose.
(C) Fresh water--Surface water or groundwater, without
regard to whether the water has been physically, chemically, or biologically
altered, that:
(i) contains a total dissolved solids concentration
of not more than 1,000 milligrams per liter; and
(ii) is otherwise suitable as a source of drinking
water supply.
(D) Saline portion of the Edwards Aquifer--The portion
of the Edwards Aquifer that contains groundwater with a total dissolved
solids concentration of more than 1,000 milligrams per liter.
(4) Injection wells authorized by rule. Injection wells
within the geographic area described within this subsection may be
authorized by rule under §331.9 of this title for:
(A) the injection of fresh water withdrawn from the
Edwards Aquifer into a well that transects or terminates in the Edwards
Aquifer for the purpose of providing additional recharge; or
(B) the injection of rainwater, storm water, flood
water, or groundwater into the Edwards Aquifer by means of an improved
natural recharge feature such as a sinkhole or cave located in a karst
topographic area for the purpose of providing additional recharge.
(5) Injection wells authorized by rule, individual
permit, or general permit. Injection wells within the geographic area
described in this subsection may be authorized under a rule, individual
permit, or general permit issued by the commission. A rule, individual
permit, or general permit under this paragraph may authorize:
(A) an activity described under paragraph (4) of this
subsection;
(B) an injection well that transects and isolates the
saline portion of the Edwards Aquifer and terminates in a lower aquifer
for the purpose of injecting:
(i) concentrate from a desalination facility; or
(ii) fresh water as part of an engineered aquifer storage
and recovery facility;
(C) an injection well that terminates in that part
of the saline portion of the Edwards Aquifer that has a TDS concentration
of more than 10,000 milligrams per liter for the purpose of injecting
into the saline portion of the Edwards Aquifer:
(i) concentrate from a desalination facility, provided
that the injection well must be at least three miles from the closest
outlet of Barton Springs; or
(ii) fresh water as part of an engineered aquifer and
storage recovery facility, provided each well used for injection or
withdrawal from the facility must be at least three miles from the
closest outlet of Barton Springs;
(D) an injection well that transects or terminates
in the Edwards Aquifer for:
(i) aquifer remediation;
(ii) the injection of a nontoxic tracer dye as part
of a hydrologic study; or
(iii) another beneficial activity that is designed
and undertaken for the purpose of increasing protection of an underground
source of drinking water from pollution or other deleterious effects;
or
(E) an injection well that transects the Edwards Aquifer
for the purpose of injecting fresh water provided that:
(i) the well isolates the Edwards Aquifer and meets
the construction standards in §331.183 of this title (relating
to Construction and Closure Standards);
(ii) the well is part of an engineered aquifer storage
and recovery facility;
(iii) the injected water is sourced from a public water
system, as defined in §290.38 of this title (relating to Definitions),
that is permitted by the commission;
(iv) the injected water meets water quality standards
for public drinking water established in Chapter 290 of this title
(relating to Public Drinking Water); and
Cont'd... |
