Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 331 - UNDERGROUND INJECTION CONTROL › Subchapter L - GENERAL PERMIT AUTHORIZING USE OF A CLASS I INJECTION WELL TO INJECT NONHAZARDOUS DESALINATION CONCENTRATE OR NONHAZARDOUS DRINKING WATER TREATMENT RESIDUALS › Section 331.203 - Authorizations and Notices of Intent

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person may obtain authorization to use a Class I injection well to inject
				  nonhazardous brine from a desalination operation or to inject nonhazardous
				  drinking water treatment residuals under a general permit by complying with the
				  general permit's conditions. A person shall submit a Notice of Intent to the
				  executive director in a form or format that is specified in the general permit
				  or otherwise set out in commission rules.
(b) The general permit shall describe the
				  content of the Notice of Intent. A Notice of Intent shall be signed in
				  accordance with §
										305.44
				  of this title (relating to Signatories to Applications).
(c) The following requirements apply to
				  denial of an authorization or notice of intent.
(1) The executive director shall provide
				  written notice to a facility if the executive director denies the facility's
				  Notice of Intent or authorization to inject waste under a general permit,
				  including, at a minimum, a brief statement of the basis for this
				  decision.
(2) The executive
				  director shall deny authorization to inject waste under an existing general
				  permit for the following reasons:
(A) the
				  quantity of waste to be injected, the type of waste, the type of operation, the
				  injection well design, or the injection well construction does not comply with
				  the general permit;
(B) the person
				  or facility:
(i) has failed to pay any
				  portion of a delinquent fee or charge assessed by the executive
				  director;
(ii) is not in compliance
				  with all requirements, conditions, and time frames specified in an unexpired
				  commission final enforcement order relating to the activity regulated by the
				  general permit; or
(iii) is subject
				  to an unexpired enforcement order that requires the facility to comply with
				  operating conditions different from or additional to the requirements of the
				  general permit.
(3) The executive director may deny
				  authorization to inject or operate an injection well under an existing general
				  permit for reasons including, but not limited to, the following:
(A) the owner and/or the operator of the
				  facility has not filed a Notice of Intent in accordance with §
												305.43 of
				  this title (relating to Who Applies);
(B) the facility has been determined by the
				  executive director to have been out of compliance with any rule, order, or
				  permit of the commission, including non-payment of fees assessed by the
				  executive director; or
(C) the
				  facility is the subject of an unresolved agency enforcement action in which the
				  executive director has issued a written notice of enforcement.
(4) If authorization to inject
				  waste is denied under this subsection, the executive director may require the
				  person whose authorization is denied to apply for and obtain an individual
				  permit. If the facility is seeking to replace its individual permit with
				  general permit coverage, but the facility's general permit authorization is
				  denied, the facility shall apply for renewal of the individual permit prior to
				  the expiration date of its current individual permit to maintain authorization
				  to inject waste, in accordance with §
											305.63 of this
				  title (relating to Renewal).