(a) If the party having the well drilled, deepened or altered, the licensed well driller, or the party, landowner or person drilling or plugging the well, finds any of the procedures prescribed by §§76.100 - 76.105 inapplicable, unworkable, or inadequate, combinations of the prescribed procedures or alternative procedures may be employed, provided that the proposed alternative procedures will prevent injury and pollution. The department will not grant a variance based solely on cost, aesthetics, or for a well head to be placed below ground level.
(b) Written proposals to use combinations of prescribed procedures or alternative procedures shall be considered application for a variance and must be submitted to the department for review prior to their implementation, and also provide a copy of the variance to the local groundwater conservation district.
(c) If a written variance request is not submitted prior to construction and the licensee or landowner or the designated agent believes a request is justified, such written request shall be submitted to the department and a copy of the variance provided to the local groundwater conservation district as soon as possible following completion of the well.
(d) This section shall not apply to a public water system well.

Source Note: The provisions of this §76.109 adopted to be effective March 1, 2013, 38 TexReg 1142