(a) A person may obtain authorization to use a Class I injection well to inject nonhazardous brine from a desalination operation or to inject nonhazardous drinking water treatment residuals under a general permit by complying with the general permit's conditions. A person shall submit a Notice of Intent to the executive director in a form or format that is specified in the general permit or otherwise set out in commission rules.

(b) The general permit shall describe the content of the Notice of Intent. A Notice of Intent shall be signed in accordance with §305.44 of this title (relating to Signatories to Applications).

(c) The following requirements apply to denial of an authorization or notice of intent.

(1) The executive director shall provide written notice to a facility if the executive director denies the facility's Notice of Intent or authorization to inject waste under a general permit, including, at a minimum, a brief statement of the basis for this decision.

(2) The executive director shall deny authorization to inject waste under an existing general permit for the following reasons: (A) the quantity of waste to be injected, the type of waste, the type of operation, the injection well design, or the injection well construction does not comply with the general permit; (B) the person or facility: (i) has failed to pay any portion of a delinquent fee or charge assessed by the executive director; (ii) is not in compliance with all requirements, conditions, and time frames specified in an unexpired commission final enforcement order relating to the activity regulated by the general permit; or (iii) is subject to an unexpired enforcement order that requires the facility to comply with operating conditions different from or additional to the requirements of the general permit.

(3) The executive director may deny authorization to inject or operate an injection well under an existing general permit for reasons including, but not limited to, the following: (A) the owner and/or the operator of the facility has not filed a Notice of Intent in accordance with §305.43 of this title (relating to Who Applies); (B) the facility has been determined by the executive director to have been out of compliance with any rule, order, or permit of the commission, including non-payment of fees assessed by the executive director; or (C) the facility is the subject of an unresolved agency enforcement action in which the executive director has issued a written notice of enforcement.

(4) If authorization to inject waste is denied under this subsection, the executive director may require the person whose authorization is denied to apply for and obtain an individual permit. If the facility is seeking to replace its individual permit with general permit coverage, but the facility's general permit authorization is denied, the facility shall apply for renewal of the individual permit prior to the expiration date of its current individual permit to maintain authorization to inject waste, in accordance with §305.63 of this title (relating to Renewal).

(d) The following requirements apply to suspensions of authorizations and Notices of Intent:

(1) The general permit shall describe the procedures for suspension of authorization and Notices of Intent under a general permit. The general permit shall require the executive director to provide written notice to a permittee that the executive director intends to suspend the permittee's authority to inject waste under a general permit, including: (A) a brief statement of the basis for this decision under this subsection; (B) a statement of whether the permittee shall immediately cease injection of waste; (C) a statement setting the deadline for filing the application for an individual permit; and (D) a statement that the permittee's waste injection authorization under the general permit shall be suspended on the effective date of the commission's action on the individual permit application unless the commission expressly provides otherwise, or unless the executive director has required the permittee to immediately cease injection of waste.

(2) If a permittee's authorization under a general permit is suspended, the permittee shall immediately cease waste injection.

(3) The executive director may require the person whose authorization to inject or operate an injection well is suspended to apply for and obtain an individual permit.

(4) After providing written notice to the permittee, the executive director shall suspend authorization to inject or operate an injection well under an existing general permit for the following reasons: (A) the quantity of waste, the type of waste, or the type of operation does not comply with the general permit; (B) the permittee or facility: (i) has failed to pay any portion of a delinquent fee or charge assessed by the executive director; (ii) is not in compliance with all requirements, conditions, and timeframes specified in an unexpired commission final enforcement order relating to the activity regulated by the general permit: or (iii) is subject to an unexpired enforcement order that requires the facility to comply with operating conditions different from or additional to the requirements of the general permit; and (C) an application is not received by the deadline specified by rule or in the general permit.

(5) After providing written notice to the permittee, the executive director may suspend authorization to inject waste under an existing general permit for reasons including, but not limited to, the following: (A) a change has occurred in the availability of demonstrated technology or practices for the prevention, control, or abatement of pollutants applicable to the injection necessary to be implemented to meet applicable federal or state standards; (B) the owner and/or the operator of the facility has not filed a Notice of Intent in accordance with §305.43 of this title; (C) circumstances have changed since the time of the Notice of Intent so that injection of waste is no longer appropriately controlled to meet applicable standards under the general permit, or either a temporary or permanent cessation of the authorized waste injection is necessary; (D) the facility has been determined by the executive director to have been out of compliance with any rule, order, or permit of the commission, including non-payment of fees assessed by the executive director; and (E) the permittee or facility is the subject of an unresolved agency enforcement action in which the executive director has issued written notice that enforcement has been initiated.

(e) The commission, after hearing, shall deny or suspend a permittee's authority to inject waste under a general permit if the commission determines that the permittee operates any facility for which the permittee's compliance history contains violations constituting a recurring pattern of egregious conduct that demonstrates a consistent disregard for the regulatory process, including a failure to make a timely and substantial attempt to correct the violations. A hearing under this subsection is not subject to Texas Government Code, Chapter 2001.

Source Note: The provisions of this §331.203 adopted to be effective July 10, 2008, 33 TexReg 5342