SECTION 331.136. Closure Standards for Motor Vehicle Waste Disposal Wells, Large Capacity Septic Systems, Large Capacity Cesspools, Subsurface Fluid Distribution Systems, and Drywells

(a) The owner or operator of a Class V motor vehicle waste disposal well, large capacity septic system, large capacity cesspool, subsurface fluid distribution system, or drywell that is to be permanently discontinued or abandoned must close the well under the standards set forth in this section.

(b) The owner or operator of a large capacity cesspool or motor vehicle waste disposal well must submit a preclosure notice form provided by the executive director no later than 30 days prior to closure.

(c) The owner or operator of a large capacity cesspool, large capacity septic system, subsurface fluid distribution system, drywell, or motor vehicle waste disposal well must:

(1) close the well 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 ("prohibition of movement of fluid into underground sources of drinking water," as amended through June 2, 1987 at 48 FR 20676);

(2) dispose or otherwise manage any contaminated soil, gravel, sludge, liquids, or other materials removed from or adjacent to the well 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; and

(3) submit a closure report to the executive director within 60 days of closing the well.

Source Note: The provisions of this §331.136 adopted to be effective July 12, 2001, 26 TexReg 5019