Injection is prohibited for Class I and III wells which lack mechanical integrity, the result of which may pollute an underground source of drinking water. Except where excluded in the case of authorization by rule, mechanical integrity under §331.43 of this title (relating to Mechanical Integrity Standards) must be demonstrated to the satisfaction of the executive director before operation begins. Injection may be prohibited for Class V wells which lack mechanical integrity. The executive director may require a demonstration of mechanical integrity at any time if there is reason to believe mechanical integrity is lacking. When the executive director determines that a Class I or III well lacks mechanical integrity, the executive director shall give written notice of this determination to the owner or operator. Unless the executive director requires immediate cessation, the owner or operator shall cease injection into the well within 48 hours of receipt of the executive director's determination. The executive director may allow plugging of the well or require the permittee to perform additional construction, operation, monitoring, reporting, and corrective actions which are necessary to prevent the movement of fluid into or between underground sources of drinking water caused by the lack of mechanical integrity. The owner or operator may resume injection upon written notification from the executive director that the owner or operator has demonstrated mechanical integrity.

Source Note: The provisions of this §331.4 adopted to be effective May 13, 1986, 11 TexReg 1980; amended to be effective April 28, 1997, 22 TexReg 3526; amended to be effective November 23, 2000, 25 TexReg 11433