An injection well is defined in the Texas Injection Well Act as an artificial excavation made for the purpose of injecting or disposing of industrial and municipal waste into subsurface strata. Industrial and municipal waste is defined as any liquid, gaseous, solid, or other waste substance which might be expected to cause pollution of fresh water.

Before any person may begin the drilling of an injection well or converting any existing well into an injection well for the purpose of disposing of industrial or municipal waste, a permit must be obtained from the Texas Water Quality Board, and a fee of $25 must accompany the application. A permit for drilling of an injection well to be utilized for disposal of waste arising from the production of oil or gas must be obtained from the Railroad Commission of Texas.

An application to the Board for a permit or waste-control order must be accompanied by a letter from the Railroad Commission of Texas stating that the well will not endanger any oil or gas resources. The Water Quality Board also is required to send copies of each application and subsequent waste-control order to the Texas Water Development Board, the Texas State Department of Health, and the Texas Water Well Drillers Board. The Act does not require a public hearing on the application, but the Board may hold public hearings if it is deemed in the public interest. The Board chose to hold public hearing and has adopted rules and regulations outlining the procedure.

The technical staff of the Board reviews each application for completeness, and assures that the proposed project is properly designed and that the reservoir is capable of receiving the waste without undue pressure increase. The staff makes recommendations for approval or denial of the waste-control order.

A waste-control order to drill an injection well may be granted by the Water Quality Board when it has been determined that this method of disposal has less effect on the environment than alternate methods of disposal, the well will not impair any existing rights, and that both groundwater and surface waters can be protected from pollution. The waste-control order contains provisions and requirements deemed necessary to protect fresh water.

The staff of the Board observes certain phases of the well completion, certifies the project upon completion, and conducts periodic inspections. The permittee must submit periodic reports on the wellhead injection pressure, and the volume and quality of the waste injected.

Penalties are provided, not to exceed $1,000 for each day of noncompliance with provisions of the permit. In cases of noncompliance, action may be brought in any court of competent jurisdiction, and at the request of the Texas Water Quality Board, the Attorney General of Texas may institute and conduct a suit in the name of the State of Texas.

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