| (H) All monitoring wells and observation wells shall
be properly capped, labeled, and secured (or locked) to prevent unauthorized
access, tampering, and any deliberate or accidental depositing of
unauthorized substances.
(2) Additional requirements for monitoring wells. In
addition to the general requirements of paragraph (1) of this subsection,
all monitoring wells installed in conjunction with a UST system shall
be constructed or installed in accordance with the applicable requirements
of 16 TAC Chapter 76 (relating to Water Well Drillers and Water Well
Pump Installers), and Texas Occupations Code, Chapter 1901 (relating
to Water Well Drillers). Any person constructing or installing a monitoring
well shall be appropriately licensed as required therein.
(3) Additional requirements for observation wells.
In addition to the general requirements of paragraph (1) of this subsection,
the following requirements shall be applicable to all observation
wells installed in conjunction with a UST system.
(A) All observation wells that are regulated as monitoring
wells by the Texas Department of Licensing and Regulation (TDLR) shall
be constructed or installed in accordance with the applicable requirements
in 16 TAC Chapter 76, and Texas Occupations Code, Chapter 1901. Any
person constructing or installing such well shall be appropriately
licensed as required therein.
(B) All observation wells that are not regulated as
monitoring wells by the TDLR shall be constructed or installed in
accordance with the following minimum requirements.
(i) All observation wells shall be designed and installed
in general accordance with a code or standard of practice developed
by a nationally recognized association or independent testing laboratory.
(ii) All observation wells shall be constructed or
installed within the UST system excavation zone, and shall be completed
to a depth of at least two feet below the lowest part of any monitored
tank, or at least one foot below the lowest part of any monitored
piping, as applicable.
(iii) For observation wells installed or constructed
on or after September 29, 1989, in a new or existing UST system where
the backfill consists of specialized or select materials (i.e., sand,
pea gravel, or crushed rock), the following minimum requirements shall
be applicable.
(I) The access vault or manhole shall be properly installed
in a concrete encasement which shall extend from the top of the vault
to at least one foot below the base of the vault to provide adequate
structural support and to prevent surface runoff and pollutants from
entering the well.
(II) Beginning at the bottom of the concrete encasement
beneath the access vault, the well casing shall be properly sealed
with impervious bentonite or a similar impervious material for a minimum
distance of either one foot below the bottom of the concrete encasement
or to the top of the specialized or select backfill material, whichever
is the greater depth.
(iv) For observation wells installed or constructed
on or after September 29, 1989, in an existing UST system where the
backfill consists of materials other than specialized or select materials
(e.g., native soils), the well shall be constructed or installed in
accordance with the applicable standards in 16 TAC Chapter 76. If
the observation well is not regulated as a monitoring well by the
TDLR, the licensing requirements for persons constructing or installing
such well shall not be applicable.
(h) Certification of installation.
(1) All owners and operators of new UST systems installed
on or after September 29, 1989, shall ensure that the installation
was completed in accordance with the provisions of this section, and
that the UST system installation is conducted by an installer licensed
by the agency.
(2) The installer of the UST system shall complete
the installation certification section of the agency's authorized
form, and shall certify by signature that the installation methods
are in compliance with the provisions of this section, as required
by §334.8(a) of this title (relating to Certification for Underground
Storage Tanks (USTs) and UST Systems).
(i) Installation records.
(1) Owners and operators shall maintain all installation
records required in accordance with the requirements in §334.10(b)
of this title (relating to Reporting and Recordkeeping).
(2) Owners and operators shall maintain the following
records for the operational life of the UST system:
(A) general information relating to the installation
activity, including:
(i) date of installation activity;
(ii) names, addresses, and telephone numbers of the
persons conducting the installation and performing any associated
inspections or testing; and
(iii) copies of all related notifications or reports
filed with the agency or others, including:
(I) registration information, as required by §334.7
of this title (relating to Registration for Underground Storage Tanks
(USTs) and UST Systems); and
(II) installation certification information, as required
by §334.8(a) of this title;
(B) as-built drawings (or plans), which have been drawn
to scale and in sufficient detail to accurately depict and describe
the sizes, dimensions, and locations of the following:
(i) all pertinent site features, including property
boundaries, street and road rights-of-way, easements, utility lines,
buildings and other structures, driveways, slabs, and any natural
features;
(ii) all pertinent UST system components, including
tanks, piping, vent piping, pumps, dispensers, excavation zone (including
tank hole and piping trench), monitoring wells, spill and overfill
prevention equipment, release detection system components (including
monitoring and testing locations), cathodic protection system components
(including test stations), secondary containment systems, anchoring
systems, and any other pertinent UST system components; and
(iii) any site features or UST system components which
have been added, revised, changed, modified, or removed subsequent
to the preparation of the original drawings or plans; and
(C) equipment information for all UST system components
including:
(i) manufacturer's specifications, installation instructions,
operating instruction, warranty information, recommended test procedures,
and inspection and maintenance schedules; and
(ii) names, addresses, and telephone numbers of the
manufacturer's representatives and local authorized service technicians.
(3) Owners and operators shall maintain the results
of all equipment tests, including the air tests and the tightness
tests conducted on the tanks and piping at the time of installation,
for at least five years after the date of installation.
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