Section 331.9 - Injection Authorized by Rule(a) Plugging and abandonment of a well authorized by rule at any time after January 1, 1982, shall be accomplished in accordance with the standards of § 331.46 of this title (relating to Closure Standards). Class V wells shall be closed according to standards under § 331.133 of this title (relating to Closure Standards for Injection Wells). Motor vehicle waste disposal wells, large capacity septic systems, large capacity cesspools, subsurface fluid distribution systems, and drywells shall be closed according to standards under § 331.136 of this title (relating to Closure Standards for Motor Vehicle Waste Disposal Wells, Large Capacity Septic Systems, Large Capacity Cesspools, Subsurface Fluid Distribution Systems, and Drywells).(b) Injection into Class V wells, unless otherwise provided in subsection (c) of this section, § 331.7 of this title (relating to Permit Required), or § 331.137 of this title (relating to Permit for Motor Vehicle Waste Disposal Wells), is authorized under this rule. (1) Well authorization under this section expires upon the effective date of a permit issued under § 331.7 of this title.(2) An owner or operator of a Class V well is prohibited from injecting into the well: (A) upon the effective date of permit denial;(B) upon failure to submit a permit application in a timely manner under subsection (c) of this section;(C) upon failure to submit inventory information in a timely manner under § 331.10 of this title (relating to Inventory of Wells Authorized by Rule);(D) upon failure to comply with a request for information from the executive director in a timely manner;(E) upon failure to comply with provisions contained in Subchapter H of this chapter (relating to Standards for Class V Wells) and, if applicable, Subchapter K of this chapter (relating to Additional Requirements for Class V Injection Wells Associated with Aquifer Storage and Recovery Projects) or Subchapter O of this chapter (relating to Additional Requirements for Class V Injection Wells Associated with Aquifer Recharge Projects); or(F) upon failure of the owner or operator to comply with provisions contained in paragraph (3) of this subsection for a Class V well that is authorized to inject certain wastes into a Class II disposal well permitted by the Railroad Commission of Texas.(3) Unless otherwise provided in subsection (c) of this section, a disposal well authorized by an active Class II permit issued by the Railroad Commission of Texas whose operator has an active Form P-5 Organization Report in good standing with the Railroad Commission of Texas may be authorized by rule of the commission as a Class V injection well for the disposal by injection of nonhazardous brine from a desalination operation or nonhazardous drinking water treatment residuals. (A) Subchapter H of this chapter and subsection (a) of this section are not applicable to a Class V well authorized by rule under this paragraph.(B) The use or disposal of radioactive material under this paragraph is subject to the applicable requirements of Chapter 336 of this title (relating to Radioactive Substance Rules).(c) The executive director may require the owner or operator of an injection well authorized by rule to apply for and obtain an injection well permit. The owner or operator shall submit a complete application within 90 days after the receipt of a letter from the executive director requesting that the owner or operator of an injection well submit an application for permit. Cases for which a permit may be required include, but are not limited to, wells not in compliance with the standards required by this section.(d) Class IV wells injecting hazardous waste-contaminated groundwater that is of acceptable quality to aid remediation and that is being reinjected into the same formation from which it was drawn, as authorized by § 331.6 of this title (relating to Prohibition of Class IV Well Injection), shall be authorized by rule.30 Tex. Admin. Code § 331.9
The provisions of this §331.9 adopted to be effective May 13, 1986, 11 TexReg 1980; amended to be effective July 5, 1989, 14 TexReg 3047; amended to be effective May 9, 1990, 15 TexReg 2339; amended to be effective January 2, 1995, 19 TexReg 10099; amended to be effective June 13, 1996, 21 TexReg 5000; amended to be effective January 10, 1997, 22 TexReg 58; amended to be effective April 28, 1997, 22 TexReg 3526; amended to be effective June 25, 2000, 25 TexReg 5906; amended to be effective July 12, 2001, 26 TexReg 5019; amended to be effective July 5, 2006, 31 TexReg 5339; Amended by Texas Register, Volume 41, Number 52, December 23, 2016, TexReg 10388, eff. 12/29/2016; Amended by Texas Register, Volume 45, Number 21, May 22, 2020, TexReg 3461, eff. 5/28/2020