SECTION 331.8. Prohibition of Motor Vehicle Waste Disposal Wells and Large Capacity Cesspools

(a) The construction of new motor vehicle waste disposal wells and large capacity cesspools is prohibited.

(b) The owner or operator of a motor vehicle waste disposal well in a groundwater protection area must close the well within one year after designation of the groundwater protection area, or by January 1, 2005, whichever occurs earlier, or apply for a Class V underground injection control (UIC) permit prior to the closure date.

(1) The owner or operator of a motor vehicle waste disposal well located in a groundwater protection area may be granted an extension to the closure deadline by the executive director for up to one year if the most efficient compliance option for the well is connection to a sanitary sewer or installation of new treatment technology.

(2) To continue operating during the extension period, the owner or operator must ensure that the injectate meets primary maximum contaminant levels for drinking water and other health-based standards at the point of injection.

(c) The owner or operator of a motor vehicle waste disposal well in any area of the state other than a groundwater protection area, must close the well by January 1, 2007; apply for a Class V UIC permit from the executive director under §331.137 of this title (relating to Class V Well Permit), prior to the closure date; or convert the well in accordance with §331.12 of this title (relating to Conversion of Wells) so that it is not receiving motor vehicle waste.

(d) The owner or operator of an existing motor vehicle waste disposal well must close the well in accordance with closure standards specified in §331.136 of this title (relating to Closure Standards for Motor Vehicle Waste Disposal Wells, Large Capacity Septic Systems, Large Capacity Cesspools, Subsurface Fluid Distribution Systems, and Drywells).

(e) All existing large capacity cesspools must be closed. The owner or operator of an existing large capacity cesspool must close the well in accordance with closure standards in §331.136 of this title.

Source Note: The provisions of this §331.8 adopted to be effective July 12, 2001, 26 TexReg 5019