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RULE §3.81Brine Mining Injection Wells

      (i) the groundwater formation name;

      (ii) an depth of the groundwater formation; and

      (iii) an analysis of the groundwater;

    (P) the direction of the hydraulic gradient in the area; and

    (Q) the proposed groundwater monitoring plan, or an alternate plan for assuring that fluids are not escaping from the permitted injection zone.

  (5) Additional information. The applicant shall submit any other information required on the application form supplied by the commission. In addition to the information reported on the application form, the applicant shall submit, at the director's request, any other information the commission may reasonably require to assess the brine mining injection well and to determine whether to issue a permit.

(e) Signatories to applications and reports.

  (1) Applications. All applications shall be signed as follows:

    (A) for a corporation, by a responsible corporate officer. A responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation; or

    (B) for a partnership or sole proprietorship, by a general partner or the proprietor, respectively.

  (2) Reports. All reports required by permits and other information requested by the commission shall be signed by a person described in paragraph (1) of this subsection or by a duly authorized representative of that person. A person is a duly authorized representative only if:

    (A) the authorization is made in writing by a person described in paragraph (1) of this subsection;

    (B) the authorization specifies an individual or position having responsibility for the overall operation of the regulated facility; and

    (C) the authorization is submitted to the commission before or together with any report of information signed by the authorized representative.

  (3) Certification. Any person signing a document under paragraph (1) or (2) of this subsection shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or who are directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information."

(f) Conditions applicable to all permits. The conditions specified in this subsection apply to all permits.

  (1) Duty to comply. The operator shall comply with all conditions of the permit. Any permit noncompliance is grounds for enforcement action, for permit termination, revocation and reissuance, or modification, or for denial of a permit renewal application.

  (2) Duty to reapply. If the operator wishes to continue a permitted activity after the expiration date of the permit, the operator shall apply for and obtain a new permit.

  (3) Need to halt or reduce activity not a defense. It is not a defense for an operator in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.

  (4) Duty to mitigate. The operator shall take all reasonable steps to minimize and correct any adverse effect on the environment resulting from noncompliance with the permit.

  (5) Proper operation and maintenance. The operator shall at all times properly operate and maintain all facilities and systems of treatment and control, and related appurtenances, that are installed or used by the operator to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up and auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.

  (6) Permit actions. The permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the operator for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

  (7) Property rights. The permit does not convey any property rights of any sort, or any exclusive privilege.

  (8) Duty to provide information. The operator shall also furnish to the commission, within a time specified by the commission, any information that the commission may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit, or to determine compliance with the permit. The operator shall also furnish to the commission, upon request, copies of records required to be kept under the conditions of the permit.

  (9) Inspection and entry. The operator shall allow any member or employee of the commission, on proper identification, to:

    (A) enter upon the premises where a regulated activity is conducted or where records are kept under the conditions of the permit;

    (B) have access to and copy, during reasonable working hours, any records required to be kept under the conditions of the permit;

    (C) inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and

    (D) sample or monitor any substance or parameter for the purpose of assuring compliance with the permit or as otherwise authorized by the Texas Water Code, §27.071, or the Texas Natural Resources Code, §91.1012.

  (10) Monitoring and records.

    (A) Samples and measurements taken for the purpose of monitoring must be representative of the monitored activity.

    (B) The operator shall retain records of all monitoring information, including all calibration and maintenance records and all original chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the permit application, for at least three years from the date of the sample, measurement, report, or application. This period may be extended by request of the commission at any time.

    (C) Records of monitoring information must include the date, exact place, and time of the sampling or measurements; the individual(s) who performed the sampling or measurements; the date(s) analyses were performed; the individual(s) who performed the analyses; the analytical techniques or methods used; and the results of the analyses.

  (11) Signatory requirements. All reports and other information submitted to the commission shall be signed and certified in accordance with subsection (e) of this section.

  (12) Reporting requirements.

    (A) The operator shall notify the commission as soon as possible of any planned physical alteration or addition to the facility.

    (B) The operator shall give advance notice to the commission of any planned changes in the facility that may result in noncompliance with permit requirements.

    (C) Monitoring results shall be reported at the intervals specified in the permit.

    (D) Reports of compliance or noncompliance with the requirements contained in any compliance schedule of the permit shall be submitted no later than 30 days after each scheduled date.

    (E) The operator shall report to the commission any noncompliance that may endanger human health or the environment.

      (i) An oral report shall be made to the appropriate district office immediately after the operator becomes aware of the noncompliance. A written report shall be filed with the Austin office within five days of the time the operator becomes aware of the noncompliance. The written report must contain the following information:

        (I) a description of the noncompliance and its cause;

        (II) the period of noncompliance, including exact dates and times, and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and

        (III) steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

      (ii) Information that shall be reported under this subparagraph includes the following:

        (I) any monitoring or any other information that indicates that any contaminant may endanger fresh water; or


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