(a) Unless excluded under subsection (b) of this section, the construction, use or operation of a new shaft is prohibited unless authorized by permit of the commission.
(b) The following penetrations are not within the scope of subsection (a) of this section:
  (1) penetrations whose primary purpose is the production of ground water;
  (2) penetrations or boreholes authorized by the commission under the underground injection control program;
  (3) shafts incident to surface mines for oil and gas, iron ore, lignite, coal or uranium recovery regulated by the Railroad Commission of Texas;
  (4) sanitary sewer lift stations and otherwise approved water and sewer collection, storage and distribution structures;
  (5) penetrations authorized by the Texas Railroad Commission of less than 36 inch diameter whose primary purpose is the ventilation of underground workings or structures;
  (6) penetrations authorized by the commission or the Railroad Commission of Texas whose purpose is the transmission of fuels, concrete slurries, muds, electrical lines, communications, wires or structures, or other utility transmissions, or bulk materials to, or recovery from underground storage facilities or mine workings;
  (7) penetrations which would otherwise be defined as shafts, but which, due to local conditions, do not penetrate into or through a major or minor aquifer; and
  (8) existing shafts.
(c) The receipt, storage, and disposal on site of any wastes not expressly authorized by permit and not generated by construction is prohibited.

Source Note: The provisions of this §329.4 adopted to be effective May 13, 1986, 11 TexReg 1978.