Section 331.68 - Post-Closure Care(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.30 Tex. Admin. Code § 331.68
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