Section 331.19 - Injection Into or Through the Edwards Aquifer(a) Except as authorized in subsection (c) of this section, for applications submitted on or after September 1, 2001, injection wells that transect or terminate in the Edwards Aquifer may be authorized by rule under § 331.9 of this title (relating to Injection Authorized by Rule) or by permit only as follows: (1) wells that inject groundwater withdrawn from the Edwards Aquifer may be authorized only if: (A) the groundwater is unaltered physically, chemically, or biologically; or(B) the groundwater is treated in connection with remediation that is approved by state or federal order, authorization, or agreement and does not exceed the maximum contaminant levels for drinking water contained in § 290.104 of this title (relating to Summary of Maximum Contaminant Levels, Maximum Residual Disinfectant Levels, Treatment Techniques, and Action Levels);(2) wells that inject non-toxic tracer dyes into the Edwards Aquifer for the purpose of conducting scientific studies to determine hydrologic flowpaths may be authorized if the owner or operator is a federal or state agency, county, municipality, river authority, or groundwater district;(3) improved sinkholes or caves located in karst topographic areas that inject storm water, flood water, or groundwater may be authorized; and(4) wells that terminate in a portion of the Edwards Aquifer that contains groundwater with a total dissolved solids (TDS) concentration of more than 5,000 milligrams per liter, and: (A) the water is injected by a utility owned by the City of New Braunfels;(B) the injected water has a TDS of less than 1,500 milligrams per liter and is not domestic wastewater, municipal wastewater, or reclaimed water as defined by Chapter 210 of this title (relating to Use of Reclaimed Water);(C) if the injected water is state water, the utility has a water right or contract for use of the water that does not prohibit use of the water in an aquifer storage and recovery project; and (D) the injection of the water complies with the requirements of Subchapter K of this chapter (relating to Additional Requirements for Class V Injection Wells Associated With Aquifer Storage and Recovery Projects).(b) For the purposes of subsection (a) of this section, Edwards Aquifer means that portion of an arcuate belt of porous, water-bearing limestones composed of the Edwards Formation, Georgetown Formation, Comanche Peak Formation, Salmon Peak Limestone, McKnight Formation, West Nueces Formation, Devil's River Limestone, Person Formation, Kainer Formation, and Edwards Group trending from west to east to northeast through Kinney, Uvalde, Medina, Bexar, Kendall, Comal, Hays, Travis, and Williamson Counties. The permeable aquifer units generally overlie the less-permeable Glen Rose Formation to the south, overlie the less-permeable Comanche Peak and Walnut Formations north of the Colorado River, and underlie the less-permeable Del Rio Clay regionally.(c) This subsection applies only to the portion of the Edwards Aquifer that is within the geographic area circumscribed by the external boundaries of the Barton Springs-Edwards Aquifer Conservation District but is not in the jurisdiction of the Edwards Aquifer Authority. (1) Unless authorized by rule as provided in paragraph (4) of this subsection or authorized by rule, individual permit, or general permit issued by the commission as provided in paragraph (5) of this subsection, all injection wells within the geographic area described in this subsection are prohibited.(2) This subsection does not apply to a wastewater facility permitted under Texas Water Code (TWC), Chapter 26 or a subsurface area drip dispersal system permitted under TWC, Chapter 32.(3) Definitions. For the purposes of this subsection:(A) Edwards Aquifer--That portion of an arcuate belt of porous, water-bearing limestones composed of the Edwards Formation, Georgetown Formation, Comanche Peak Formation, Salmon Peak Limestone, McKnight Formation, West Nueces Formation, Devil's River Limestone, Person Formation, Kainer Formation, and Edwards Group, together with the Upper Glen Rose Formation where scientific studies have documented a hydrological connection to the overlying Edwards Group trending from west to east to northeast through Kinney, Uvalde, Medina, Bexar, Kendall, Comal, Hays, Travis, and Williamson Counties. The permeable aquifer units generally overlie the less-permeable Glen Rose Formation to the south, overlie the less-permeable Comanche Peak and Walnut Formations north of the Colorado River, and underlie the less-permeable Del Rio Clay regionally.(B) Engineered aquifer storage and recovery facility--A facility with one or more wells that is located, designed, constructed, and operated for the purpose of injecting fresh water into a subsurface permeable stratum and storing the water for subsequent withdrawal and use for a beneficial purpose.(C) Fresh water--Surface water or groundwater, without regard to whether the water has been physically, chemically, or biologically altered, that: (i) contains a total dissolved solids concentration of not more than 1,000 milligrams per liter; and(ii) is otherwise suitable as a source of drinking water supply.(D) Saline portion of the Edwards Aquifer--The portion of the Edwards Aquifer that contains groundwater with a total dissolved solids concentration of more than 1,000 milligrams per liter.(4) Injection wells authorized by rule. Injection wells within the geographic area described within this subsection may be authorized by rule under § 331.9 of this title for:(A) the injection of fresh water withdrawn from the Edwards Aquifer into a well that transects or terminates in the Edwards Aquifer for the purpose of providing additional recharge; or(B) the injection of rainwater, storm water, flood water, or groundwater into the Edwards Aquifer by means of an improved natural recharge feature such as a sinkhole or cave located in a karst topographic area for the purpose of providing additional recharge.(5) Injection wells authorized by rule, individual permit, or general permit. Injection wells within the geographic area described in this subsection may be authorized under a rule, individual permit, or general permit issued by the commission. A rule, individual permit, or general permit under this paragraph may authorize: (A) an activity described under paragraph (4) of this subsection;(B) an injection well that transects and isolates the saline portion of the Edwards Aquifer and terminates in a lower aquifer for the purpose of injecting: (i) concentrate from a desalination facility; or(ii) fresh water as part of an engineered aquifer storage and recovery facility;(C) an injection well that terminates in that part of the saline portion of the Edwards Aquifer that has a TDS concentration of more than 10,000 milligrams per liter for the purpose of injecting into the saline portion of the Edwards Aquifer: (i) concentrate from a desalination facility, provided that the injection well must be at least three miles from the closest outlet of Barton Springs; or(ii) fresh water as part of an engineered aquifer and storage recovery facility, provided each well used for injection or withdrawal from the facility must be at least three miles from the closest outlet of Barton Springs;(D) an injection well that transects or terminates in the Edwards Aquifer for:(ii) the injection of a nontoxic tracer dye as part of a hydrologic study; or(iii) another beneficial activity that is designed and undertaken for the purpose of increasing protection of an underground source of drinking water from pollution or other deleterious effects; or(E) an injection well that transects the Edwards Aquifer for the purpose of injecting fresh water provided that: (i) the well isolates the Edwards Aquifer and meets the construction standards in § 331.183 of this title (relating to Construction and Closure Standards); (ii) the well is part of an engineered aquifer storage and recovery facility;(iii) the injected water is sourced from a public water system, as defined in § 290.38 of this title (relating to Definitions), that is permitted by the commission;(iv) the injected water meets water quality standards for public drinking water established in Chapter 290 of this title (relating to Public Drinking Water); and(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.30 Tex. Admin. Code § 331.19
The provisions of this §331.19 adopted to be effective November 3, 2002, 27 TexReg 10033; Amended by Texas Register, Volume 40, Number 25, June 19, 2015, TexReg 3993, eff. 6/25/2015; Amended by Texas Register, Volume 45, Number 21, May 22, 2020, TexReg 3462, eff. 5/28/2020