| (6) Using Commission Form H-5 or Form H-15, each operator
must file in the district office the results of a successful hydraulic
pressure test, including the original pressure recording chart or
its electronic equivalent, within 30 days of the date the test was
performed. The results, if approved, are valid for a period of five
years from the date of the test, unless the Commission or its delegate
requires the operator to perform testing more frequently to ensure
that the well does not pose a threat of harm to natural resources.
(7) An operator of an inactive well that is more than
25 years old may not return that inactive well to active operation
unless the operator performs either a successful fluid level test
of the well within 12 months prior to the return to activity or a
successful hydraulic pressure test of the well within five years prior
to the return to activity.
(m) Fluid level or hydraulic pressure test for inactive
land well less than 25 years old.
(1) At least three days prior to the test, each operator
must give the district office notice of the date and approximate time
the operator intends to conduct a fluid level or hydraulic pressure
test. The district office may require that a test be witnessed by
a Commission employee. The district office may allow an operator to
conduct a test even if notice of the test is provided to the district
office fewer than three days prior to the test.
(2) No operator may conduct a test other than a fluid
level or hydraulic pressure test without prior approval from the district
director or the director's delegate.
(3) Notwithstanding the provisions of paragraph (1)
of this subsection, an operator may conduct a hydraulic pressure test
without prior approval from the district director or the director's
delegate, provided that the operator gives the district office written
notice of the date and approximate time for the test at least three
days prior to the time the test will be conducted; the production
casing is tested to a depth of at least 250 feet below the base of
usable quality water strata or 100 feet below the top of cement behind
the production casing, whichever is deeper; and the minimum test pressure
is greater than or equal to 250 psig for a period of at least 30 minutes.
(4) An operator that files documentation of a fluid
level test or a hydraulic pressure test for an inactive land well
less than 25 years old in order to obtain a plugging extension must
pay an annual fee of $50 for each well covered by the documentation.
(5) Using Commission Form H-15, each operator must
file in the Commission's Austin office the results of a successful
fluid level test within 30 days of the date the test was performed.
The results, if approved, are valid for a period of one year from
the date of the test. Upon request by the Commission or its delegate,
the operator must file the actual test data.
(6) Using Commission Form H-5 or Form H-15, each operator
must file in the district office the results of a successful hydraulic
pressure test, including the original pressure recording chart or
its electronic equivalent, within 30 days of the date the test was
performed. The results, if approved, are valid for a period of five
years from the date of the test, unless the Commission or its delegate
requires the operator to perform testing more frequently to ensure
that the well does not pose a threat of harm to natural resources.
(7) The Commission or its delegate may transfer documentation
of the results of a fluid level or hydraulic pressure test to a new
operator of an existing inactive land well that is less than 25 years
old.
(n) Supplemental financial assurance.
(1) A supplemental bond, letter of credit, or cash
deposit filed as part of an application for an extension for an inactive
land well is in addition to any other financial assurance otherwise
required of the operator or for the well.
(2) The Commission or its delegate may not transfer
a supplemental bond, letter of credit, or cash deposit to a new operator
of an existing inactive land well. A new operator of an existing inactive
land well must file a new supplemental bond, letter of credit, or
cash deposit or otherwise comply with the provisions of this section
not later than six months after the date the Commission or its delegate
approves an operator designation form.
(o) Escrow funds.
(1) An operator must deposit escrow funds with the
Commission each time the operator files an application for an extension
of the deadline for plugging an inactive well.
(2) The Commission or its delegate may release escrow
funds deposited with the Commission only as prescribed by §3.78
of this title.
(p) Plugging more than 10% of inactive well inventory.
If an operator plugs more than 10% of the number of inactive land
wells during a 12-month organization report cycle, the Commission
will count the number of plugged wells above 10% toward fulfillment
of the 10% blanket option under subsection (f)(2)(B)(i) of this section
during the next organization report cycle.
|
| Source Note: The provisions of this §3.15 adopted to be effective September 13, 2010, 35 TexReg 8332; amended to be effective August 15, 2011, 36 TexReg 5096; amended to be effective July 2, 2012, 37 TexReg 4894; amended to be effective January 1, 2017, 41 TexReg 9465 |
