| (2) In lieu of the notice required under subsection
(c)(1) of this section, notice of an area permit shall be given by
providing a copy of the area permit application to each surface owner
of record within the permit area; each commission-designated operator
of a well located within one-half mile of the permit area; the county
clerk of each county in which all or part of the permit area is located;
and the city clerk or other appropriate city official of any incorporated
city which is located wholly or partially within the permit area,
on or before the date the application is mailed to or filed with the
commission. Notice of an application for an area permit shall also
be given in accordance with the requirements of subsection (c)(2).
If, in connection with a particular application, the commission or
its delegate determines that another class of persons, such as adjacent
surface owners or an appropriate underground water conservation district,
should receive notice of the application, the commission or its delegate
may require the applicant to mail or deliver a copy of the application
to members of that class.
(3) Once an area permit has been issued and except
as otherwise provided in the permit, no notice shall be required when
an application for an individual injection well permit for any well
covered by the area permit is filed.
(4) Prior to commencement of injection operations in
any well within the permit area, the operator shall file an application
for an individual well permit with the commission in Austin. The individual
well permit application shall include the following:
(A) the well identification and, for a new well, a
(B) the location of any well drilled within 1/4 mile
of the injection well after the date of application for the area permit
and the status of any well located within 1/4 mile of the injection
well that has been abandoned since the date the area permit was issued,
including the plugging date if such well has been plugged;
(C) a description of the well configuration, including
casing and liner sizes and setting depths, the type and amount of
cement used to cement each casing string, depth of cement tops, and
tubing and packer setting depths;
(D) an application fee in the amount of $100 per well;
(E) any other information required by the area permit.
(5) An individual well permit may be issued by the
commission or its delegate in writing or, if no objection to the application
is made by the commission or its delegate within 20 days of receipt
of the application, the individual well permit shall be deemed issued.
(6) All individual injection wells covered by an area
permit must be permitted in accordance with the requirements of this
subsection and converted or completed, operated, maintained, and plugged
in accordance with the requirements of this section and the area permit.
(l) Gas storage operations. Storage of gas in productive
or depleted reservoirs shall be subject to the provisions of §3.96
of this title (relating to Underground Storage of Gas in Productive
or Depleted Reservoirs).
(m) Plugging. Injection wells shall be plugged upon
abandonment in accordance with §3.14 of this title (relating
(1) Violations of this section may subject the operator
to penalties and remedies specified in Title 3 of the Natural Resources
Code and any other statutes administered by the commission.
(2) The certificate of compliance for any oil, gas,
or geothermal resource well may be revoked in the manner provided
in §3.73 of this title (relating to Pipeline Connection; Cancellation
of Certificate of Compliance; Severance) for violation of this section.
|Source Note: The provisions of this §3.46 adopted to be effective January 1, 1976; amended to be effective April 1, 1982, 7 TexReg 655; amended to be effective January 1, 1994, 18 TexReg 8871; amended to be effective December 4, 1996, 21 TexReg 11361; amended to be effective April 7, 1998, 23 TexReg 3432; amended to be effective August 4, 1998, 23 TexReg 7768; amended to be effective December 28, 1999, 24 TexReg 11711; amended to be effective November 24, 2004, 29 TexReg 10728; amended to be effective July 2, 2012, 37 TexReg 4892; amended to be effective November 17, 2014, 39 TexReg 8988