(a) The permittee of a subsurface area drip dispersal system that is to be permanently discontinued or abandoned shall close the system under the standards set forth in this section.

(b) If the permittee removes all tanks, lines, and other equipment from the site, the permittee may:

(1) submit to the appropriate regional office a closure report prepared by the permittee that includes sufficient soil analyses to demonstrate that there is no soil contamination at the subsurface area drip dispersal system site; and

(2) omit the requirement to deed record the location of the closed subsurface area drip dispersal system as required by subsection (f) of this section.

(c) The permittee must conduct the closure according to a system closure plan that is prepared by or under the direct supervision of a licensed professional engineer or licensed professional geoscientist.

(d) The permittee must close the system in a manner that prohibits the movement of fluids into underground sources of drinking water, in compliance with §331.5 of this title (relating to Prevention of Pollution) and 40 Code of Federal Regulations §144.12, concerning Prohibition of Movement of Fluid into Underground Sources of Drinking Water.

(1) The permittee must remove all aboveground tanks. The permittee may remove or empty, collapse in place, and cover with clean fill material any underground tanks.

(2) The permittee must cap and remove three feet of the end sections of pipes that convey wastewater between the pump house and the dispersal lines. The permittee must cut and cap pipes every 500 linear feet between the pump house and the dispersal field.

(3) The permittee shall remove all valves and plug the lines where the valves are located.

(e) If soil, gravel, sludge, liquids, or other materials associated with the system are contaminated, the material must be disposed or otherwise managed in accordance with Chapter 350 of this title (relating to Texas Risk Reduction Program) and all other applicable federal, state, and local regulations and requirements.

(f) The permittee must deed record the location of the closed subsurface area drip dispersal system in the deed records of the county in which the site is located.

(g) The permittee shall submit, within 60 days after closing the system, a closure report:

(1) that has been prepared by a licensed professional engineer or licensed professional geoscientist;

(2) that certifies that closure was in accordance with the requirements of this section and in a manner that will prevent pollution; and

(3) includes evidence of deed recordation.

Source Note: The provisions of this §222.163 adopted to be effective July 5, 2006, 31 TexReg 5308; amended to be effective January 9, 2020, 45 TexReg 363