(a) Applicability. All Class V wells shall be completed in accordance with the specifications contained in this section, unless otherwise authorized by the executive director. Injection wells listed in Texas Occupations Code, §1901.001(8) shall be installed by a water well driller licensed by the Texas Department of Licensing and Regulation.     
      (b) Reporting.      
        (1) Prior to construction. Except for closed loop injection and air conditioning return flow wells, information required under §331.10(a) of this title (relating to Inventory or Wells Authorized by Rule) shall be submitted to the executive director for review and approval prior to construction. For large capacity septic systems, septic systems that accept industrial waste, and subsurface fluid distribution systems including subsurface area drip dispersal systems as defined in §222.5 of this title (relating to Definitions), the information required under §331.10(a) of this title shall be submitted as part of the wastewater discharge permit application filed under Chapter 305 of this title  (relating to Consolidated Permits).       
        (2) After completion of construction. Except for large capacity septic systems, subsurface fluid distribution systems, temporary injection points, closed loop injection wells, improved sinkholes, and air conditioning return flow wells, the Texas Department of Licensing and Regulation state well report form shall be submitted to the executive director within 30 days from the date the well construction is completed.       
        (3) Closed loop and air conditioning return flow wells. No reporting prior to construction is necessary for these two types of wells. The Texas Department of Licensing and Regulation state well report form shall be completed and submitted to the executive director within 30 days from the date the well construction is completed. Any additives, constituents, or fluids (other than potable water) that are used in the closed loop injection well system shall be reported in the Water Quality Section on the state well report form.       
        (4) Temporary injection points. Temporary injection points shall be completed in such a manner as to prevent movement of surface water or undesirable groundwater into underground sources of drinking water.       
        (5) Large capacity septic systems, subsurface fluid distribution systems, and improved sinkholes. The owner or operator of large capacity septic systems, subsurface fluid distribution systems, and improved sinkholes must submit the well report form provided by the executive director within 30 days from the date well construction is completed.       
      (c) Sealing of casing.      
        (1) General. Except for closed loop injection wells, the annular space between the borehole and the casing shall be filled with cement slurry from ground level to a depth of not less than ten feet below the land surface or well head. In areas of shallow, unconfined groundwater aquifers, the cement need not be placed below the static water level. In areas of shallow, confined groundwater aquifers having artesian head, the cement need not be placed below the top of the water-bearing strata.       
        (2) Closed loop injection well. The annular space of a closed loop injection well shall be backfilled to the total depth with impervious bentonite or a similar material. Where no groundwater or only one zone of groundwater is encountered, sand, gravel, or drill cuttings may be used to backfill up to 30 feet from the surface. The top 30 feet shall be filled with impervious bentonite. Alternative impervious materials may be authorized by the executive director upon request.       
      (d) Surface completion.      
        (1) With the exception of temporary injection points, subsurface fluid distribution systems, improved sinkholes, and large capacity septic systems, all wells must have a concrete slab or sealing block placed above the cement slurry around the well at the ground surface.                  (A) The slab or block shall extend at least two feet from the well in all directions and have a minimum thickness of four inches and shall be separated from the well casing by a plastic or mastic coating or sleeve to prevent bonding of the slab to the casing.                   (B) The surface of the slab shall be sloped so that liquid will drain away from the well.         
        (2) For wells that use casing, the top of the casing shall extend a minimum of 12 inches above the original ground surface. The well casing shall be capped or completed in a manner that will prevent pollutants from entering the well.       
        (3) Closed loop injection wells which are completed below grade are exempt from the surface completion standards in this subsection. Pitless adapters may be used in close loop wells provided that:                  (A) the adapter is welded to the casing or fitted with another suitably effective seal; and                   (B) the annular space between the borehole and the casing is filled with cement to a depth not less than 15 feet below the adapter connection.         
        (4) Temporary injection points shall be completed in such a manner as to prevent the movement of surface water or undesirable groundwater into underground sources of drinking water.       
      (e) Optional use of a steel or polyvinyl chloride (PVC) sleeve. If the use of a steel or PVC sleeve is necessary to prevent possible damage to the casing, the steel sleeve shall be a minimum of 3/16 inches in thickness or the PVC sleeve shall be a minimum of Schedule 80 sun-resistant and 24 inches in length, and shall extend 12 inches into the cement slurry.     
      (f) Well placement in a flood-prone area. All wells shall be located in areas not generally subject to flooding. If a well must be placed in a flood-prone area, it shall be completed with a watertight sanitary well seal to maintain a junction between the casing and injection tubing, and a steel sleeve extending a minimum of 36 inches above ground level and 24 inches below the ground surface shall be used. For the purpose of this subsection, a flood-prone area is defined as that area within the 100-year flood plain as determined on the Federal Emergency Management Agency (FEMA) Flood Hazard Maps for the National Flood Insurance Program. If FEMA has conducted a flood insurance study of the area, and has mapped the 50-year flood plain, then the smaller geographic areas within the 50-year boundary are considered to be flood-prone. Closed loop injection wells, improved sinkholes, and air conditioning return flow wells are exempt from the completion standards in this subsection.     
      (g) Other protection measures.      
        (1) Commingling prohibited. All wells, especially those that are gravel packed, shall be completed so that aquifers or zones containing waters that are known to differ significantly in chemical quality are not allowed to commingle through the borehole-casing annulus or the gravel pack and cause quality degradation of any aquifer containing fresh water.       
        (2) Undesirable groundwater. When undesirable groundwater, which is water that is injurious to human health and the environment or water that can cause pollution to land or other waters, is encountered in a Class V well, the well shall be constructed so that the undesirable groundwater is isolated from any underground source of drinking water and is confined to the zone(s) of origin.       
      (h) Sampling. For a Class V injection well, any required sampling shall be done at the point of injection, or as specified in a permit issued by the executive director.     
     Source Note:        The provisions of this §331.132 adopted to be effective May 13, 1986, 11 TexReg 1988; amended to be effective June 25, 2000, 25 TexReg 5908; amended to be effective July 12, 2001, 26 TexReg 5019; amended to be effective July 5, 2006, 31 TexReg 5339