1. (a) The facility operator shall provide written notification to the executive director of the location of any and all existing or abandoned water wells situated within the facility upon discovery during the course of facility development. The facility operator shall, within 30 days of such a discovery, provide the executive director with such notification and written certification that such wells have been capped, plugged, and closed in accordance with all applicable rules and regulations of the commission or other state agency. Water wells that will be used for supply at the facility may remain in use as long as they are located outside of the groundwater monitoring well network or the waste footprint, and are not impacted by landfill operations. Water wells that will be used for supply at the landfill that are located inside of the groundwater monitoring network may be used if identified and approved in the facility permit.
2. (b) The facility operator shall provide written notification to the executive director of the location of any and all existing or abandoned on-site crude oil or natural gas wells, or other wells associated with mineral recovery that are under the jurisdiction of the Railroad Commission of Texas. The facility owner or operator shall provide the executive director with written notification of the location of any such well within 30 days after discovery during the course of facility development. Within 30 days after plugging of any such well, the facility operator shall provide the executive director with written certification that these wells have been properly capped, plugged, and closed in accordance with all applicable rules and regulations of the Railroad Commission of Texas. Producing crude oil or natural gas wells that do not affect or hamper landfill operations may be operated within the facility boundary, if identified in the permit for the facility or in a written notification to the executive director.
3. (c) Any water or other type of wells under the jurisdiction of the commission must be plugged in accordance with all applicable state requirements or additional requirements imposed by the executive director. A copy of the well plugging report required to be submitted to the appropriate state agency must also be submitted to the executive director within 30 days after the well has been plugged.
4. (d) The facility operator shall submit for executive director approval a permit modification identifying any proposed changes to the liner installation plan as a result of any well abandonment.

Source Note:The provisions of this §330.131 adopted to be effective October 9, 1993, 18 TexReg 4023; amended to be effective December 2, 2004, 29 TexReg 11054.