(a) Performance standard. The operator and permittee shall assure for construction, operation, maintenance, monitoring, closure, and post-closure of a Class I disposal well located in horizontally bedded or non-domal salt and associated cavern, the continuous attainment of a performance standard to prevent the movement of fluids that would result in the pollution of an underground source of drinking water.
(b) The provisions of this chapter, as well as any permit or order issued by the commission, shall be construed as minimum operating requirements. To qualify for a permit or to otherwise operate a Class I disposal well located in horizontally bedded or non-domal salt and associated cavern, permit applicants and facility operators must demonstrate that this performance standard will be satisfied even if it is necessary to go beyond the minimum operating requirements described in this chapter.
(c) Siting. In addition to the minimum siting criteria for Class I disposal wells, each permit applicant for a Class I bedded salt cavern disposal well and associated cavern shall identify potential risks to the waste disposal operation within the area of review.

Source Note: The provisions of this §331.242 adopted to be effective August 16, 2012, 37 TexReg 6078