1. (a) Unless excluded under subsection (b) of this section, the construction of an injection well, the conversion of a well into an injection well, and the use or operation of an injection well is prohibited unless authorized by an injection well permit, order, or rule of the commission. A Resource Conservation and Recovery Act of 1976 (RCRA) permit applying the standards of §335.152 (14) of this title (relating to Permitting Standards of Owners and Operators of Hazardous Waste Storage Processing or Disposal Facilities) will constitute a underground injection control (UIC) permit for hazardous waste injection wells for which the technical standards of this chapter are not generally appropriate.

2. (b) The following activities are not within the scope of subsection (a) of this section:

   1. (1) injection of waste into subsurface strata via a single family residential cesspool or other device that receives waste, which has an open bottom or perforated sides;
   2. (2) injection of waste into subsurface strata via a septic system well used for single family residential waste disposal.
3. (c) This rule does not limit the authority of the commission to abate and prevent pollution of fresh water resulting from any injection activity by requiring a permit, by instituting appropriate enforcement action, or by other appropriate action.

Source Note:The provisions of this §331.3 adopted to be effective May 13, 1986, 11 TexReg 1980; amended to be effective August 4, 1989, 14 TexReg 3531.