16 Tex. Admin. Code § 6.104 - Authorization by Rule
(a) An
authorization by rule (or "permit by rule") provides authority to operate under
predetermined requirements without a separate application process, so long as
the Director confirms the activity meets the specified predetermined
requirements.
(b) An owner in
compliance with this subchapter is authorized by rule to cause to be drilled
and installed and to operate a shallow closed-loop geothermal system and is not
required to obtain an individual permit except as provided by subsection (b) of
this section. The owner shall register the system as authorized by rule in
accordance with §
6.105 of this title (relating to
Registration of a Shallow Closed-Loop Geothermal System for Authorization by
Rule).
(c) The Director will review
the registration required by §
6.105 of this title (relating to
Registration of a Shallow Closed-Loop Geothermal System for Authorization by
Rule) and the well report required by §
6.110 of this title (relating to
Well Reports).
(1) The Director will review
the registration and the well report to determine whether the shallow
closed-loop geothermal injection well:
(A)
encounters groundwater that is detrimental to human health and the environment
or can cause pollution to land, surface water, or other groundwater;
(B) may cause a violation of primary drinking
water regulations under 40 CFR Part 142 ;
(C) deviates from any construction or
operational standards of §6.106 and §6.109; or
(D) may otherwise adversely affect human
health or the environment.
(2) If upon review of the registration or the
well report, or at any other time, the Director determines that a condition
listed in paragraph (1) of this subsection exists, the Director may take any of
the following actions:
(A) require the owner
to obtain an individual permit;
(B)
require the owner to take such actions (including, where required, closure of
the injection well) as may be necessary to prevent the violation; or
(C) refer the violation for enforcement
action.
(d) If
the Director makes a determination under subsection (b) of this section, the
owner shall cease injection operations until the owner complies with the
Director's requirements. The owner may request a hearing to contest the
Director's determination.
Notes
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