(a) The owner or operator of a Class I hazardous well shall
prepare, maintain, and comply with a plan for post-closure care that meets
the requirements of subsection (b) of this section, and is acceptable to the
executive director. The obligation to implement the post-closure plan survives
the termination of a permit or the cessation of injection activities. The
requirement to maintain an approved plan is directly enforceable regardless
of whether the requirement is a condition of the permit.
(1) The owner or operator shall submit the plan as a part of
the permit application and, upon approval by the executive director, such
plan shall be a condition of any permit issued.
(2) The owner or operator shall submit any proposed significant
revision to the plan as appropriate over the life of the well, but no later
than the date of the closure report required under §331.46 of this title
(relating to Closure Standards).
(3) The plan shall provide financial responsibility as required
in Subchapter I of this chapter (relating to Financial Responsibility). The
owner or operator shall demonstrate and maintain financial assurance in the
amount of the post closure cost estimate to cover post-closure care in a manner
that meets the requirements of Chapter 37, Subchapter Q of this title (relating
to Financial Assurance for Underground Injection Wells). The amount of the
funds available shall be no less than the amount identified in paragraph (4)(F)
of this subsection. The obligation to maintain financial responsibility for
post-closure care survives the termination of a permit or the cessation of
injection.
(4) The plan shall include the following information:
(A) the pressure in the injection zone before injection began;
(B) the anticipated pressure in the injection zone at the time
of closure;
(C) the predicted time until pressure in the injection zone
decays to the point that the well's cone of influence no longer intersects
the base of the lowermost USDW or freshwater aquifer;
(D) predicted position of the waste front at closure;
(E) the status of any corrective action required under §331.44
of this title (relating to Corrective Action Standards); and
(F) the estimated cost of proposed post-closure care.
(5) At the request of the owner or operator, or on his own
initiative, the executive director may modify the post-closure plan after
submission of the plugging and abandonment report following the procedures
in §305.72 of this title (relating to UIC Permit Modification at the
Request of the Permittee).
(b) The owner or operator shall:
(1) continue and complete any corrective action required under §331.44
of this title;
(2) continue to conduct any groundwater monitoring required
under the permit until pressure in the injection zone decays to the point
that the well's cone of influence no longer intersects the base of the lowermost
USDW or freshwater aquifer. The executive director may extend the period of
post-closure monitoring if he determines that the well may endanger a USDW
or freshwater aquifer;
(3) submit a survey plat to the local zoning authority designated
by the executive director. The plat shall indicate the location of the well
relative to permanently surveyed benchmarks. A copy of the plat shall be submitted
to the Underground Injection Control (UIC) program at the Austin office of
the commission;
(4) Provide appropriate notification and information to such
state and local authorities as have cognizance over drilling activities to
enable such state and local authorities to impose appropriate conditions on
subsequent drilling activities that may penetrate the well's confining or
injection zone;
(5) Retain, for a period of three years following well closure,
records reflecting the nature, composition, and volume of all injected fluids.
The owner or operator must deliver the records to the executive director at
the conclusion of the retention period, and the records shall thereafter be
retained at a location designated by the executive director for that purpose.
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Source Note: The provisions of this §331.68 adopted to be effective July 5, 1989, 14 TexReg 3047; amended to be effective January 2, 1995, 19 TexReg 10099; amended to be effective April 28, 1997, 22 TexReg 3526; amended to be effective March 21, 2000, 25 TexReg 2385; amended to be effective November 23, 2000, 25 TexReg 11433 |