| (v) the injection complies with the provisions of Subchapter
K of this chapter that are not in conflict with this section.
(6) The commission must hold a public meeting before
issuing a general permit under this section.
(7) Special requirements for all injection wells subject
to this subsection.
(A) Monitoring wells. An injection well subject to
this subsection must be monitored by means of:
(i) one or more monitoring wells operated by the injection
well owner if the executive director determines that there is an underground
source of drinking water in the area of review that is potentially
affected by the injection well; or
(ii) if clause (i) of this subparagraph does not apply,
one or more monitoring wells operated by a party other than the injection
well owner, provided that all results of monitoring are promptly made
available to the injection well owner.
(iii) A monitoring well described under this subparagraph,
if properly sited and completed, may also be used for monitoring a
saline water production well.
(B) An injection well subject to this subsection:
(i) must not result in the waste or pollution of fresh
water; and
(ii) may be authorized for a term not to exceed ten
years, and the authorization for the injection well may be renewed.
(8) An authorization by rule, individual permit, or
general permit under paragraph (5)(B), (C), or (E) of this subsection:
(A) must initially be associated with a small-scale
research project designed to evaluate the long-term feasibility of
the injection of concentrate from a desalination facility; or an aquifer
storage and recovery project;
(B) may be continued following completion of the research
project if:
(i) the research project information is submitted to
the commission in a timely schedule;
(ii) adequate characterization of risks to the fresh
water portion of the Edwards Aquifer, the fresh water portion of formations
in the Trinity Group or other fresh water demonstrates to the commission's
satisfaction that continued operation or continued operations with
commission-approved well modifications or operational controls does
not pose unreasonable risk to the fresh water portion of the Edwards
Aquifer, the fresh water portion of formations in the Trinity Group,
or other fresh water; and
(iii) the commission receives a notice of intent to
continue operation at least 90 days before initiation of commercial
well operations.
(9) Authorization under paragraph (5)(B) or (C) of
this subsection must require monitoring reports be filed with the
executive director at least every three months.
|
| Source Note: The provisions of this §331.19 adopted to be effective November 3, 2002, 27 TexReg 10033; amended to be effective June 25, 2015, 40 TexReg 3993; amended to be effective May 28, 2020, 45 TexReg 3462 |
