WATER CODE
CHAPTER 27. INJECTION WELLS
SUBCHAPTER A. GENERAL PROVISIONS
§ 27.001. SHORT TITLE. This chapter may be cited as the
Injection Well Act.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981.
§ 27.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Natural Resource
Conservation Commission.
(2) "Executive director" means the executive director
of the Texas Natural Resource Conservation Commission.
(3) "Railroad commission" means the Railroad
Commission of Texas.
(4) "Pollution" means the alteration of the physical,
chemical, or biological quality of, or the contamination of, water
that makes it harmful, detrimental, or injurious to humans, animal
life, vegetation, or property or to public health, safety, or
welfare, or impairs the usefulness or the public enjoyment of the
water for any lawful or reasonable purpose.
(5) "Industrial and municipal waste" means any liquid,
gaseous, solid, or other waste substance, or combination of these
substances, which may cause or might reasonably be expected to
cause pollution of fresh water and which result from:
(A) processes of industry, manufacturing, trade,
or business;
(B) development or recovery of natural resources
other than oil or gas; or
(C) disposal of sewage or other wastes of cities,
towns, villages, communities, water districts, and other municipal
corporations.
(6) "Oil and gas waste" means waste arising out of or
incidental to drilling for or producing of oil, gas, or geothermal
resources, waste arising out of or incidental to the underground
storage of hydrocarbons other than storage in artificial tanks or
containers, or waste arising out of or incidental to the operation
of gasoline plants, natural gas processing plants, or pressure
maintenance or repressurizing plants. The term includes but is not
limited to salt water, brine, sludge, drilling mud, and other
liquid or semi-liquid waste material.
(7) "Fluid" means a material or substance that flows
or moves in a liquid, gaseous, solid, semi-solid, sludge, or other
form or state.
(8) "Fresh water" means water having bacteriological,
physical, and chemical properties which make it suitable and
feasible for beneficial use for any lawful purpose.
(9) "Casing" means material lining used to seal off
strata at and below the earth's surface.
(10) "Disposal well" means an injection well that is
used for the injection of industrial and municipal waste or oil and
gas waste.
(11) "Injection well" means an artificial excavation
or opening in the ground made by digging, boring, drilling,
jetting, driving, or some other method, and used to inject,
transmit, or dispose of industrial and municipal waste or oil and
gas waste into a subsurface stratum; or a well initially drilled to
produce oil and gas which is used to transmit, inject, or dispose of
industrial and municipal waste or oil and gas waste into a
subsurface stratum; or a well used for the injection of any other
fluid; but the term does not include any surface pit, surface
excavation, or natural depression used to dispose of industrial and
municipal waste or oil and gas waste.
(12) "Extraction of minerals" means the use of an
injection well for the development or recovery of natural resources
other than resources subject to the jurisdiction of the railroad
commission, and includes solution mining of minerals, in situ
uranium mining, and mining of sulfur by the Frasch process, but does
not include the solution mining of salt when leaching a cavern for
the storage of hydrocarbons.
(13), (14) Renumbered as (11) and (12) by Acts 1985, 69th
Leg., ch. 795, § 1.114, eff. Sept. 1, 1985.
(15) "Hazardous waste" has the meaning assigned to that term
by Section 361.003, Health and Safety Code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981; Acts 1985, 69th Leg., ch. 566, § 14, eff. Sept. 1,
1985; Acts 1985, 69th Leg., ch. 795, § 1.114, eff. Sept. 1,
1985; Acts 1991, 72nd Leg., ch. 14, § 284(76), eff. Sept. 1,
1991; Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.067, eff. Aug.
12, 1991.
§ 27.003. POLICY AND PURPOSE. It is the policy of this
state and the purpose of this chapter to maintain the quality of
fresh water in the state to the extent consistent with the public
health and welfare and the operation of existing industries, taking
into consideration the economic development of the state, to
prevent underground injection that may pollute fresh water, and to
require the use of all reasonable methods to implement this policy.
Added by Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff. June
17, 1981. Amended by Acts 2001, 77th Leg., ch. 965, § 1.27, eff.
Sept. 1, 2001.
SUBCHAPTER B. JURISDICTION OF COMMISSION
§ 27.011. PERMIT FROM COMMISSION. Unless the activity
is subject to the jurisdiction of the railroad commission or
authorized by a rule of the commission, no person may continue
utilizing an injection well or begin drilling an injection well or
converting an existing well into an injection well to dispose of
industrial and municipal waste, to extract minerals, or to inject a
fluid without first obtaining a permit from the commission.
Amended by Acts 1977, 65th Leg., p. 1647, ch. 644, § 10.
Renumbered from § 22.011 and amended by Acts 1977, 65th Leg., p.
2207, ch. 870, § 1, eff. Sept. 1, 1977. Amended by Acts 1981,
67th Leg., p. 3161, ch. 830, § 1, eff. June 17, 1981; Acts 1985,
69th Leg., ch. 795, § 1.114, eff. Sept. 1, 1985.
§ 27.012. APPLICATION FOR PERMIT. (a) The commission
shall prescribe forms for application for a permit and shall make
the forms available on request without charge.
(b) Applications for hazardous and nonhazardous disposal
well permits shall be processed in accordance with this chapter for
the benefit of the state and the preservation of its natural
resources.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981; Acts 1985, 69th Leg., ch. 795, § 1.114, eff.
Sept. 1, 1985; Acts 2001, 77th Leg., ch. 347, § 1, eff. May 26,
2001.
§ 27.013. INFORMATION REQUIRED OF APPLICANT. An
applicant shall furnish any information the executive director
considers necessary to discharge his duties under this chapter and
the rules of the commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981; Acts 1985, 69th Leg., ch. 795, § 1.114, eff.
Sept. 1, 1985.
§ 27.014. APPLICATION FEE. With each application for a
disposal well permit, the commission shall collect a fee in the
amount provided by and under the terms of Section 5.235.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981; Acts 1985, 69th Leg., ch. 795, § 1.114, eff.
Sept. 1, 1985; Acts 2001, 77th Leg., ch. 347, § 1, eff. May 26,
2001.
§ 27.015. LETTER FROM RAILROAD COMMISSION. (a) A
person making application to the commission for a disposal well
permit under this chapter shall submit with the application a
letter from the railroad commission concluding that drilling or
using the disposal well and injecting industrial and municipal
waste into the subsurface stratum will not endanger or injure any
known oil or gas reservoir.
(b) In a hearing on an application for a disposal well
permit under this chapter, the commission may not proceed to
hearing on any issues other than preliminary matters such as notice
until the letter required from the railroad commission under
Subsection (a) of this section is provided to the commission.
(c) The commission shall find that there will be no
impairment of oil or gas mineral rights if the railroad commission
has issued a letter under Subsection (a) that concludes that
drilling and using the disposal well will not endanger or injure any
known oil or gas reservoir.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981; Acts 1985, 69th Leg., ch. 795, § 1.114, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 638, § 2, eff. Sept. 1,
1987; Acts 1993, 73rd Leg., ch. 802, § 2, eff. June 18, 1993;
Acts 1995, 74th Leg., ch. 76, § 16.02, eff. Sept. 1, 1995.
§ 27.016. INSPECTION OF WELL LOCATION. On receiving an
application for a permit, the executive director shall have an
inspection made of the location of the proposed disposal well to
determine the local conditions and the probable effect of the well
and shall determine the requirements for the setting of casing, as
provided in Sections 27.051, 27.055, and 27.056 of this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981.
§ 27.017. RECOMMENDATIONS FROM OTHER ENTITIES. The
executive director shall submit to the Texas Department of Health
and to other persons which the commission may designate copies of
every application received in proper form. These entities may make
recommendations to the commission concerning any aspect of the
application within 30 days.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981; Acts 1985, 69th Leg., ch. 795, § 1.114, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 638, § 3, eff. Sept. 1,
1987; Acts 1995, 74th Leg., ch. 76, § 11.297, eff. Sept. 1,
1995.
§ 27.018. HEARING ON PERMIT APPLICATION. (a) If it is
considered necessary and in the public interest, the commission may
hold a public hearing on the application. The commission shall hold
a hearing on a permit application for an injection well to dispose
of industrial and municipal waste if a hearing is requested by a
local government located in the county of the proposed disposal
well site or by an affected person. In this subsection, "local
government" has the meaning provided for that term by Chapter 26 of
this code.
(b) The commission by rule shall provide for giving notice
of the opportunity to request a public hearing on a permit
application. The rules for notice shall include provisions for
giving notice to local governments and affected persons. The
commission shall define "affected person" by rule.
(c) Before the commission begins to hear testimony in a
contested case as defined by Chapter 2001, Government Code,
evidence must be placed in the record to demonstrate that proper
notice regarding the hearing was given to affected persons. If
mailed notice to an affected person is required, the commission or
other party to the hearing shall place evidence in the record that
notice was mailed to the address of the affected person included in
the appropriate county tax rolls at the time of mailing. For the
purposes of this subsection, the affidavit of the commission
employee responsible for the mailing of the notice, attesting to
the fact that notice was mailed to the address included in the tax
rolls at the time of mailing, shall be prima facie evidence of
proper mailing. The commission may not proceed with receipt of
testimony in a contested case until there is compliance with this
subsection.
(d) An application for an injection well to dispose of
hazardous waste shall be subject to the pre-application local
review process established by Section 361.063, Health and Safety
Code, and to the requirements of Section 361.0791, Health and
Safety Code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981; Acts 1985, 69th Leg., ch. 566, § 15, eff. Sept. 1,
1985; Acts 1985, 69th Leg., ch. 795, § 1.115, eff. Sept. 1,
1985; Acts 1987, 70th Leg., ch. 638, § 4, eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 14, § 284(77), eff. Sept. 1, 1991;
Acts 1991, 72nd Leg., ch. 296, § 1.22, eff. June 7, 1991; Acts
1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept. 1, 1995.
§ 27.019. RULES, ETC. (a) The commission shall adopt
rules and procedures reasonably required for the performance of its
powers, duties, and functions under this chapter.
(b) Copies of any rules under this chapter proposed by the
commission shall before their adoption be sent to the railroad
commission, the Texas Department of Health, and any other persons
the commission may designate. Any agency or person to whom the
copies of proposed rules are sent may submit comments and
recommendations to the commission and shall have reasonable time to
do so as the commission may prescribe.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981; Acts 1985, 69th Leg., ch. 795, § 1.116, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 76, § 11.298, eff.
Sept. 1, 1995.
§ 27.020. MINING OF SULFUR. The commission is
authorized to develop a regulatory program with respect to the
injection of fluid associated with the mining of sulfur by the
Frasch process in accordance with the provisions of this chapter.
The commission may not impose any requirements more stringent than
those promulgated by the administrator of the United States
Environmental Protection Agency pursuant to the federal Safe
Drinking Water Act, 42 U.S.C. 300h et seq., as amended, unless the
commission determines that more stringent regulations are
necessary to protect human health or the environment.
Added by Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff. June
17, 1981. Amended by Acts 1985, 69th Leg., ch. 795, § 1.116,
eff. Sept. 1, 1985.
§ 27.021. PERMIT FOR DISPOSAL OF BRINE FROM DESALINATION
OPERATIONS IN CLASS I WELLS. (a) The commission may issue a
permit to dispose of brine produced by a desalination operation in a
Class I injection well if the applicant for the permit meets all the
statutory and regulatory requirements for the issuance of a permit
for a Class I injection well.
(b) The commission by rule shall provide for public notice
and comment on an application for a permit authorized by this
section. Notwithstanding Section 27.018, an application for a
permit authorized by this section is not subject to the hearing
requirements of Chapter 2001, Government Code.
Added by Acts 2003, 78th Leg., ch. 1118, § 1, eff. Sept. 1, 2003.
SUBCHAPTER C. OIL AND GAS WASTE
§ 27.031. PERMIT FROM RAILROAD COMMISSION. No person
may continue using a disposal well or begin drilling a disposal well
or converting an existing well into a disposal well to dispose of
oil and gas waste without first obtaining a permit from the railroad
commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981.
§ 27.032. INFORMATION REQUIRED OF APPLICANT. The
railroad commission shall require an applicant to furnish any
information the railroad commission considers necessary to
discharge its duties under this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981.
§ 27.0321. APPLICATION FEE. With each application for
an oil and gas waste disposal well permit, the applicant shall
submit to the railroad commission a nonrefundable fee of $100.
Added by Acts 1985, 69th Leg., ch. 239, § 71, eff. Sept. 1, 1985.
§ 27.033. LETTER FROM EXECUTIVE DIRECTOR. A person
making application to the railroad commission for a permit under
this chapter shall submit with the application a letter from the
executive director stating that drilling and using the disposal
well and injecting oil and gas waste into the subsurface stratum
will not endanger the freshwater strata in that area and that the
formation or stratum to be used for the disposal is not freshwater
sand.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981.
§ 27.034. RAILROAD COMMISSION RULES, ETC. (a) The
railroad commission shall adopt rules and procedures reasonably
required for the performance of its powers, duties, and functions
under this chapter, including rules for notice and procedure of
public hearings. The rules for notice shall include provisions for
giving notice to local governments and affected persons. The
railroad commission shall define "affected person" by rule.
(b) Copies of any rules under this chapter proposed by the
railroad commission shall, before their adoption, be sent to the
commission, the Texas Department of Health, and any other persons
the railroad commission may designate. Any agency or person to whom
the copies of proposed rules and regulations are sent may submit
comments and recommendations to the railroad commission and shall
have reasonable time to do so as the railroad commission may
prescribe.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981; Acts 1985, 69th Leg., ch. 795, § 1.117, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 76, § 11.299, eff.
Sept. 1, 1995.
§ 27.035. JURISDICTION OVER IN SITU RECOVERY OF TAR
SANDS. (a) The railroad commission has jurisdiction over the in
situ recovery of tar sands and may issue permits for injection wells
used for the in situ recovery of tar sands.
(b) A person may not begin to drill an injection well to be
used in the in situ recovery of tar sands unless that person has a
valid permit for the well issued by the railroad commission under
this chapter.
(c) The railroad commission shall adopt rules that are
necessary to administer and regulate the in situ recovery of tar
sands.
(d) For purposes of regulation by the railroad commission,
an injection well for the in situ recovery of tar sands is
designated as a Class V well under the underground injection
control program administered by the railroad commission.
Added by Acts 1983, 68th Leg., p. 754, ch. 184, § 1, eff. Sept. 1,
1983.
§ 27.036. JURISDICTION OVER BRINE MINING.
Text of section as added by Acts 1985, 69th Leg., ch. 795, §
5.013
(a) The railroad commission has jurisdiction over brine
mining and may issue permits for injection wells used for brine
mining.
(b) A person may not begin to drill an injection well to be
used for brine mining unless that person has a valid permit for the
well issued by the railroad commission under this chapter.
(c) The railroad commission shall adopt rules that are
necessary to administer and regulate brine mining.
(d) For purposes of regulation by the railroad commission,
an injection well for brine mining is designated as a Class V well
under the underground injection control program administered by the
railroad commission.
Added by Acts 1985, 69th Leg., ch. 795, § 5.013, eff. Sept. 1,
1985.
For text of section as added by Acts 1985, 69th Leg., ch. 921, §
2, see § 27.036, post
§ 27.036. JURISDICTION OVER BRINE MINING.
Text of section as added by Acts 1985, 69th Leg., ch. 921, § 2
(a) The railroad commission has jurisdiction over brine
mining and may issue permits for injection wells used for brine
mining.
(b) A person may not begin to drill an injection well to be
used for brine mining unless that person has a valid permit for the
well issued by the railroad commission under this chapter.
(c) The railroad commission shall adopt rules that are
necessary to administer and regulate brine mining.
(d) For purposes of regulation by the railroad commission,
an injection well for brine mining is designated as a Class III well
under the underground injection control program administered by the
railroad commission.
(e) This section takes effect September 1, 1985.
(f) This section does not invalidate any permit for an
injection well used for brine mining that was issued by the Texas
Water Commission before the effective date of this section. Within
90 days after the effective date of this section, the Railroad
Commission of Texas shall issue a substitute permit under the name
and authority of the railroad commission to each person who on the
effective date of this section holds a valid permit issued by the
Texas Water Commission for an injection well used for brine mining.
(g) Application for injection well permits covering brine
mining submitted to the Texas Water Commission before the effective
date of this section for which permits have not been issued by the
commission shall be transmitted to the railroad commission.
Added by Acts 1985, 69th Leg., ch. 921, § 2, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 977, § 32, eff. June 19,
1987.
For text of section as added by Acts 1985, 69th Leg., ch. 795, §
5.013, see § 27.036, ante
SUBCHAPTER D. ISSUANCE OF PERMITS: TERMS AND CONDITIONS
§ 27.051. ISSUANCE OF PERMIT. (a) The commission may
grant an application in whole or part and may issue the permit if it
finds:
(1) that the use or installation of the injection well
is in the public interest;
(2) that no existing rights, including, but not
limited to, mineral rights, will be impaired;
(3) that, with proper safeguards, both ground and
surface fresh water can be adequately protected from pollution;
(4) that the applicant has made a satisfactory showing
of financial responsibility if required by Section 27.073 of this
code;
(5) that the applicant has provided for the proper
operation of the proposed hazardous waste injection well;
(6) that the applicant for a hazardous waste injection
well not located in an area of industrial land use has made a
reasonable effort to ensure that the burden, if any, imposed by the
proposed hazardous waste injection well on local law enforcement,
emergency medical or fire-fighting personnel, or public roadways,
will be reasonably minimized or mitigated; and
(7) that the applicant owns or has made a good faith
claim to, or has the consent of the owner to utilize, or has an
option to acquire, or has the authority to acquire through eminent
domain, the property or portions of the property where the
hazardous waste injection well will be constructed.
(b) The railroad commission may grant an application in
whole or part and may issue the permit if it finds:
(1) that the use or installation of the injection well
is in the public interest;
(2) that the use or installation of the injection well
will not endanger or injure any oil, gas, or other mineral
formation;
(3) that, with proper safeguards, both ground and
surface fresh water can be adequately protected from pollution;
and
(4) that the applicant has made a satisfactory showing
of financial responsibility if required by Section 27.073 of this
code.
(c) In the permit, the commission or railroad commission
shall impose terms and conditions reasonably necessary to protect
fresh water from pollution, including the necessary casing.
(d) The commission, in determining if the use or
installation of an injection well is in the public interest under
Subsection (a)(1), shall consider, but shall not be limited to the
consideration of:
(1) compliance history of the applicant and related
entities under the method for evaluating compliance history
developed by the commission under Section 5.754 and in accordance
with the provisions of Subsection (e);
(2) whether there is a practical, economic, and
feasible alternative to an injection well reasonably available;
and
(3) if the injection well will be used for the disposal
of hazardous waste, whether the applicant will maintain sufficient
public liability insurance for bodily injury and property damage to
third parties that is caused by sudden and non-sudden accidents or
will otherwise demonstrate financial responsibility in a manner
adopted by the commission in lieu of public liability insurance. A
liability insurance policy which satisfies the policy limits
required by the hazardous waste management regulations of the
commission for the applicant's proposed pre-injection facilities
shall be deemed "sufficient" under this subdivision if the policy:
(A) covers the injection well; and
(B) is issued by a company that is authorized to
do business and to write that kind of insurance in this state and is
solvent and not currently under supervision or in conservatorship
or receivership in this state or any other state.
Text of subsec. (e) as amended by Acts 2001, 77th Leg., ch. 347,
§ 2
(e) The commission shall establish a procedure for the
preparation of comprehensive summaries of the applicant's
compliance history, including the compliance history of any
corporation or business entity managed, owned, or otherwise closely
related to the applicant. The summaries shall be made available to
the applicant and any interested person after the commission has
completed its technical review of the permit application and prior
to the promulgation of the public notice relating to the issuance of
the permit. Evidence of compliance or noncompliance by an
applicant for an injection well permit with environmental statutes
and the rules adopted or orders or permits issued by the commission
may be offered by any party at a hearing on the applicant's
application and admitted into evidence subject to applicable rules
of evidence. Evidence of the compliance history of an applicant for
an injection well permit may be offered by the executive director at
a hearing on the application and admitted into evidence subject to
the rules of evidence. All evidence admitted, including compliance
history, shall be considered by the commission in determining
whether to issue, amend, extend or renew a permit. If the
commission concludes that the applicant's compliance history is
unacceptable, the commission shall deny the permit.
Text of subsec. (e) as amended by Acts 2001, 77th Leg., ch. 965,
§ 16.08
(e) Consistent with Sections 5.753 and 5.754 and rules
adopted and procedures developed under those sections, the
commission shall establish a procedure for preparing summaries of
the applicant's compliance history. The summaries shall be made
available to the applicant and any interested person after the
commission has completed its technical review of the permit
application and prior to the promulgation of the public notice
relating to the issuance of the permit. Evidence of compliance or
noncompliance by an applicant for an injection well for the
disposal of hazardous waste with the rules adopted or orders or
permits issued by the commission under this chapter may be offered
by any party at a hearing on the applicant's application and
admitted into evidence subject to applicable rules of evidence. In
accordance with this subsection and Sections 5.753 and 5.754 and
rules adopted and procedures developed under those sections,
evidence of the compliance history of an applicant for an injection
well may be offered at a hearing on the application and may be
admitted into evidence, subject to the rules of evidence. All
evidence admitted, including compliance history, shall be
considered by the commission in determining whether to issue,
amend, extend or renew a permit.
Text of subsec. (e) as amended by Acts 2001, 77th Leg., ch. 1161,
§ 4
(e) The commission shall establish a procedure by rule for
its preparation of compliance summaries relating to the history of
compliance and noncompliance by the applicant with the rules
adopted or orders or permits issued by the commission under this
chapter for any injection well for which a permit has been issued
under this chapter. A compliance summary must include as evidence
of compliance information regarding the applicant's implementation
of an environmental management system at the facility for which an
authorization is sought. The compliance summaries shall be made
available to the applicant and any interested person after the
commission has completed its technical review of the permit
application and prior to the promulgation of the public notice
relating to the issuance of the permit. Evidence of compliance or
noncompliance by an applicant for an injection well for the
disposal of hazardous waste with the rules adopted or orders or
permits issued by the commission under this chapter may be offered
by any party at a hearing on the applicant's application and
admitted into evidence subject to applicable rules of evidence.
All evidence admitted, including compliance history, shall be
considered by the commission in determining whether to issue,
amend, extend or renew a permit. In this subsection,
"environmental management system" has the meaning assigned by
Section 5.127.
(f) In the issuance of a permit for a hazardous waste
injection well into a salt dome, the commission shall consider the
location of any geologic fault in the salt dome in the immediate
proximity of the injection well bore, the presence of an
underground water aquifer, and the presence of sulfur mines or oil
and gas wells in the area.
(g)(1) The commission may not issue a permit for a hazardous
waste injection well in a solution-mined salt dome cavern unless
the United States Environmental Protection Agency and the
commission determine that sufficient rules are in place to regulate
that activity.
(2) Before issuing a permit for a hazardous waste
injection well in a solution-mined salt dome cavern, the commission
by order must find that there is an urgent public necessity for the
hazardous waste injection well. The commission, in determining
whether an urgent public necessity exists for the permitting of the
hazardous waste injection well in a solution-mined salt dome
cavern, must find that:
(A) the injection well will be designed,
constructed, and operated in a manner that provides at least the
same degree of safety as required of other currently operating
hazardous waste disposal technologies;
(B) consistent with the need and desire to manage
within the state hazardous wastes generated in the state, there is a
substantial or obvious public need for additional hazardous waste
disposal capacity and the hazardous waste injection well will
contribute additional capacity toward servicing that need;
(C) the injection well will be constructed and
operated in a manner so as to safeguard public health and welfare
and protect physical property and the environment;
(D) the applicant has demonstrated that
groundwater and surface waters, including public water supplies,
will be protected from the release of hazardous waste from the
salt-dome waste containment cavern; and
(E) any other criteria required by the commission
to satisfy that the test of urgency has been met.
Text of subsec. (h) as added by Acts 2001, 77th Leg., ch. 965, §
16.08
(h) In determining whether the use or installation of an
injection well is in the public interest under Subsection (a)(1),
the commission shall consider the compliance history of the
applicant in accordance with Subsection (e) and Sections 5.753 and
5.754 and rules adopted and procedures developed under those
sections.
Text of subsec. (h) as added by Acts 2001, 77th Leg., ch. 966, §
11.03
(h) The commission may not authorize by rule or permit an
injection well that transects or terminates in the Edwards Aquifer.
The commission by rule may authorize injection of groundwater
withdrawn from the Edwards Aquifer, or injections of storm water,
flood water, or groundwater through improved sinkholes or caves
located in karst topographic areas. For purposes of this
subsection, "Edwards Aquifer" has the meaning assigned by Section
26.046(a).
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981; Acts 1983, 68th Leg., p. 5265, ch. 967, § 14, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 566, § 16, eff. Sept. 1,
1985; Acts 1987, 70th Leg., ch. 638, § 5, eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 977, § 33, eff. June 19, 1987; Acts
1989, 71st Leg., ch. 1234, § 1, eff. Aug. 28, 1989; Acts 1991,
72nd Leg., ch. 296, § 1.23, eff. June 7, 1991; Acts 2001, 77th
Leg., ch. 347, § 2, eff. May 26, 2001; Acts 2001, 77th Leg., ch.
965, § 16.08, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 966,
§ 11.03(a), eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1161,
§ 4, eff. Sept. 1, 2001.
§ 27.0511. CONDITIONS OF CERTAIN PERMITS. (a) If the
railroad commission receives an application for an injection well
permit for a well that is to be used for enhanced recovery of oil,
before a permit for the well may be granted, the railroad commission
shall require the applicant for the permit to provide written
information relating to the material that the applicant plans to
inject into the well for enhanced recovery purposes and to other
material available to the applicant that might be used to inject
into the well for enhanced recovery and shall make the
determination required by Subsection (c) of this section.
(b) At the time the railroad commission receives an
application under Subsection (a) of this section, it shall give
notice to the commission that an application covered by this
section is being considered and shall supply the commission with a
copy of the application and a request for commission comment on the
application. On receiving the information requested under
Subsection (a) of this section, the railroad commission shall
notify the commission that the information has been received and
make the information available for the commission's inspection.
The commission shall examine the application and information.
Before the railroad commission considers the application, the
commission shall submit to the railroad commission written comments
regarding the use of fresh water under the permit and any problems
that the commission anticipates will result from the use of fresh
water under the permit. However, if the commission does not submit
its written comments within 30 days after the request, the railroad
commission may consider the application without the commission
comments.
(c) On receiving the information required by Subsection (a)
of this section, the railroad commission shall consider the
information at the same time it considers whether or not to grant
the permit, and if the applicant proposes to inject fresh water into
the injection well for enhanced recovery, the railroad commission
shall consider whether or not there is some other solid, liquid, or
gaseous substance that is available to the applicant and that is
economically and technically feasible for the applicant to use for
enhanced recovery purposes.
(d) If the railroad commission finds that there is a solid,
liquid, or gaseous substance other than fresh water available and
economically and technically feasible for use in enhanced recovery
under the permit, the railroad commission shall include as a
condition of the permit, if granted, that the permittee use the
other substance found to be available and economically and
technically feasible and that the applicant not use fresh water or
that the applicant use fresh water only to the extent specifically
stated in the permit.
(e) This section does not apply to injection well permits
that are in effect on September 1, 1983. If fresh water is being
injected into an injection well in an enhanced recovery program
that is in effect on September 1, 1983, and after that time, another
substance or material is used for injection for a period of time,
the injection well permit is not canceled, and a new permit under
this chapter is not required if the operator plans at a later date
to resume the use of fresh water for injection in that enhanced
recovery program.
(f) Injection well permits for wells that are used for
enhanced recovery remain in force until canceled by the railroad
commission.
(g) No person may continue utilizing or begin utilizing
industrial or municipal waste as an injection fluid for enhanced
recovery purposes without first obtaining a permit from the
commission.
Added by Acts 1983, 68th Leg., p. 5392, ch. 996, § 1, eff. Sept.
1, 1983. Amended by Acts 1985, 69th Leg., ch. 795, § 1.118,
5.006, eff. Sept. 1, 1985.
§ 27.0515. FACILITIES REQUIRED TO OBTAIN FEDERAL
APPROVAL. For a commercial hazardous waste disposal well facility
originally permitted by the commission after June 7, 1991, and
which is required to obtain from the United States Environmental
Protection Agency a variance from the federal land disposal
restrictions before injecting permitted hazardous wastes:
(1) a permit or other authorization issued to the
facility under this chapter is not subject to cancellation,
amendment, modification, revocation, or denial of renewal because
the permit holder has not commenced construction or operation of
the facility; and
(2) the fixed term of each permit or other
authorization issued to the facility under this chapter shall
commence on the date physical construction of the authorized waste
management facility begins.
Added by Acts 1997, 75th Leg., ch. 1211, § 3, eff. Sept. 1, 1997.
§ 27.052. COPIES OF PERMIT; FILING
REQUIREMENTS. (a) The commission shall furnish the railroad
commission and the Texas Department of Health with a copy of each
permit the commission issues. The railroad commission shall
furnish the commission with a copy of each permit the railroad
commission issues and the executive director shall in turn forward
copies to the Texas Department of Health.
(b) Before beginning injection operations, a person
receiving a permit to inject industrial and municipal waste shall
file a copy of the permit with the health authorities of the county,
city, and town where the well is located.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981; Acts 1985, 69th Leg., ch. 795, § 1.119, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 76, § 11.300, eff.
Sept. 1, 1995.
§ 27.053. RECORD OF STRATA. The commission or railroad
commission may require a person receiving a permit or authorization
by rule under this chapter to keep and furnish a complete and
accurate record of the depth, thickness, and character of the
different strata penetrated in drilling the injection well.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981.
§ 27.054. ELECTRIC OR DRILLING LOG. If an existing well
is to be converted to an injection well, the commission or railroad
commission may require the applicant to furnish an electric log or a
drilling log of the existing well.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981.
§ 27.055. CASING REQUIREMENTS. The casing shall be set
at the depth, with the materials, and in the manner required by the
commission or railroad commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981.
§ 27.056. FACTORS IN SETTING CASING DEPTH. Before
setting the depth to which casing shall be installed, the
commission or railroad commission shall consider:
(1) known geological and hydrological conditions and
relationships;
(2) foreseeable future economic development in the
area; and
(3) foreseeable future demand for the use of fresh
water in the locality.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981.
SUBCHAPTER E. GENERAL POWERS
§ 27.071. POWER TO ENTER PROPERTY. Members of the
commission and the railroad commission and employees of the
commission and the railroad commission may enter public or private
property to inspect and investigate conditions relating to
injection well or disposal well activities within their respective
jurisdictions or to monitor compliance with a rule, permit, or
other order of the commission or railroad commission. Members or
employees acting under the authority of this section who enter an
establishment on public or private property shall observe the
establishment's safety, internal security, and fire protection
rules.
Added by Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff. June
17, 1981. Amended by Acts 1985, 69th Leg., ch. 795, § 1.120,
eff. Sept. 1, 1985.
§ 27.072. POWER TO EXAMINE RECORDS. Members of the
commission and the railroad commission and employees of the
commission and railroad commission may examine and copy those
records or memoranda of a business they are investigating as
provided by Section 27.071 of this code that relate to the operation
of an injection or disposal well, or any other records required to
be maintained by law.
Added by Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff. June
17, 1981. Amended by Acts 1985, 69th Leg., ch. 795, § 1.120,
eff. Sept. 1, 1985.
§ 27.073. FINANCIAL RESPONSIBILITY. (a) A person to
whom an injection well permit is issued may be required by the
commission or railroad commission to maintain a performance bond or
other form of financial security to ensure that an abandoned well is
properly plugged.
(b) Each state agency is authorized to receive funds as the
beneficiary of a financial responsibility mechanism established
under this section for the proper plugging of an injection well.
Each state agency is authorized to expend such funds from a
financial responsibility mechanism for the plugging of wells
covered by that mechanism.
(c) If liability insurance is required of an applicant, the
applicant may not use a claims made policy as security unless:
(1) the policy provides for a right of extension by the
insured upon cancellation or nonrenewal of the policy by the
insurance company;
(2) the applicant places in escrow as provided by the
commission an amount sufficient to enable the commission to
exercise the right under the policy to purchase an extension of the
policy from the date of cancellation or expiration of the policy
that is reasonable in light of the degree and duration of the risks;
and
(3) the applicant provides the commission with a
limited power of attorney by which the commission is given an
irrevocable power to exercise the applicant's right under the
policy to purchase such an extension of the policy.
(d) In addition to other forms of financial security
authorized by the rules of the commission, the commission may
authorize an applicant to use the letter of credit form of financial
security if either the issuing institution or another institution
which guarantees payment under the letter:
(1) is a bank chartered by the state or by the federal
government;
(2) is federally insured and its financial practices
are regulated by the state or federal government; and
(3) is solvent and is not in receivership or owned or
controlled by an entity that is insolvent or in receivership.
Added by Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff. June
17, 1981. Amended by Acts 1985, 69th Leg., ch. 795, § 1.120,
eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 638, § 6, eff.
Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1234, § 2, eff. Aug. 28,
1989.
SUBCHAPTER F. CIVIL AND CRIMINAL REMEDIES
§ 27.101. CIVIL PENALTY. (a) A person who violates any
provision of this chapter under the jurisdiction of the railroad
commission, any rule of the railroad commission made under this
chapter, or any term, condition, or provision of a permit issued by
the railroad commission under this chapter shall be subject to a
civil penalty in any sum not exceeding $5,000 for each day of
noncompliance and for each act of noncompliance. A violation under
the jurisdiction of the commission is enforceable as provided by
Chapter 7.
(b) The action may be brought by the railroad commission in
any court of competent jurisdiction in the county where the
offending activity is occurring or where the defendant resides.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981; Acts 1985, 69th Leg., ch. 795, § 1.121, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1072, § 24, eff. Sept.
1, 1997.
§ 27.1011. ADMINISTRATIVE PENALTY. (a) If a person
violates the provisions of this chapter or a rule, order, license,
permit, or certificate issued under this chapter, the person may be
assessed a civil penalty by the railroad commission.
(b) The penalty may not exceed $10,000 a day for each
violation. Each day a violation continues may be considered a
separate violation for purposes of penalty assessments.
(c) In determining the amount of the penalty, the railroad
commission shall consider the permittee's history of previous
violations of this chapter, the seriousness of the violation, any
hazard to the health or safety of the public, and the demonstrated
good faith of the permittee or person charged.
Added by Acts 1983, 68th Leg., p. 1411, ch. 286, § 3, eff. Aug.
29, 1983.
§ 27.1012. PENALTY ASSESSMENT PROCEDURE. (a) A civil
penalty may be assessed only after the person charged with a
violation described under Section 27.1011 of this code has been
given an opportunity for a public hearing.
(b) If a public hearing has been held, the railroad
commission shall make findings of fact, and it shall issue a written
decision as to the occurrence of the violation and the amount of the
penalty that is warranted, incorporating, when appropriate, an
order requiring that the penalty be paid.
(c) If appropriate, the railroad commission shall
consolidate the hearings with other proceedings under this chapter.
(d) If the person charged with the violation fails to avail
himself of the opportunity for a public hearing, a civil penalty may
be assessed by the railroad commission after it has determined that
a violation did occur and the amount of the penalty that is
warranted.
(e) The railroad commission shall then issue an order
requiring that the penalty be paid.
Added by Acts 1983, 68th Leg., p. 1411, ch. 286, § 3, eff. Aug.
29, 1983.
§ 27.1013. PAYMENT OF PENALTY; REFUND. (a) On the
issuance of an order finding that a violation has occurred, the
railroad commission shall inform the permittee and any other person
charged within 30 days of the amount of the penalty.
(b) Within the 30-day period immediately following the day
on which the decision or order is final as provided in Subchapter F,
Chapter 2001, Government Code, the person charged with the penalty
shall:
(1) pay the penalty in full; or
(2) if the person seeks judicial review of either the
amount of the penalty or the fact of the violation, or both:
(A) forward the amount to the railroad commission
for placement in an escrow account; or
(B) in lieu of payment into escrow, post with the
railroad commission a supersedeas bond in a form approved by the
railroad commission for the amount of the penalty, such bond to be
effective until all judicial review of the order or decision is
final.
(c) If through judicial review of the decision or order it
is determined that no violation occurred or that the amount of the
penalty should be reduced or not assessed, the railroad commission
shall, within the 30-day period immediately following that
determination, if the penalty has been paid to the railroad
commission, remit the appropriate amount to the person, with
accrued interest, or where a supersedeas bond has been posted, the
railroad commission shall execute a release of such bond.
(d) Failure to forward the money to the railroad commission
within the time provided by Subsection (b) of this section results
in a waiver of all legal rights to contest the violation or the
amount of the penalty.
(e) Judicial review of the order or decision of the railroad
commission assessing the penalty shall be under the substantial
evidence rule and shall be instituted by filing a petition with the
district court of Travis County, Texas, and not elsewhere, as
provided for in Subchapter G, Chapter 2001, Government Code.
Added by Acts 1983, 68th Leg., p. 1411, ch. 286, § 3, eff. Aug.
29, 1983. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(53),
(59), eff. Sept. 1, 1995.
§ 27.1014. RECOVERY OF PENALTY. Civil penalties owed
under Sections 27.1011-27.1013 of this code may be recovered in a
civil action brought by the attorney general at the request of the
railroad commission.
Added by Acts 1983, 68th Leg., p. 1411, ch. 286, § 3, eff. Aug.
29, 1983.
§ 27.102. INJUNCTION, ETC. (a) The railroad
commission may enforce a provision of this chapter under the
jurisdiction of the railroad commission, any valid rule made by the
railroad commission under this chapter, or any term, condition, or
provision of a permit issued by the railroad commission under this
chapter by injunction or other appropriate remedy. The suit shall
be brought in a court of competent jurisdiction in the county where
the offending activity is occurring.
(b) The executive director may enforce a provision of this
chapter under the jurisdiction of the commission, a commission rule
adopted under this chapter, or a term, condition, or provision of a
permit issued by the commission under this chapter as provided by
Subchapter B, Chapter 7.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981; Acts 1997, 75th Leg., ch. 1072, § 25, eff. Sept.
1, 1997.
§ 27.103. PROCEDURE. (a) At the request of the
railroad commission, the attorney general shall institute and
conduct a suit in the name of the State of Texas for injunctive
relief or to recover the civil penalty, or for both the injunctive
relief and civil penalty, authorized in Sections 27.101 and 27.102
of this chapter.
(b) Any party to a suit may appeal from a final judgment as
in other civil cases.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981; Acts 1997, 75th Leg., ch. 1072, § 26, eff. Sept.
1, 1997.
§ 27.104. EFFECT OF PERMIT ON CIVIL LIABILITY. The fact
that a person has a permit issued under this chapter does not
relieve him from any civil liability.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff.
June 17, 1981.
§ 27.105. CRIMINAL FINES. (a) A person who knowingly
or intentionally violates a provision of this chapter under the
jurisdiction of the railroad commission, a rule of the railroad
commission, or a term, condition, or provision of a permit issued by
the railroad commission under this chapter is subject to a fine of
not more than $5,000 for each violation and for each day of
violation. A violation under the jurisdiction of the commission is
enforceable under Section 7.157.
(b) Venue for prosecution of an alleged violation is in the
county in which the violation is alleged to have occurred or where
the defendant resides.
Added by Acts 1981, 67th Leg., p. 3161, ch. 830, § 1, eff. June
17, 1981. Amended by Acts 1985, 69th Leg., ch. 795, § 1.1211,
eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1072, § 27, eff.
Sept. 1, 1997.
