Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,214
1163-1244 p. ; 28 cm.View a full description of this periodical.
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Formation fluid-Fluid present in a
formation under natural conditions.
Groundwater-Water below the land
surface in a zone of saturation.
New shaft-Any shaft which has not
been constructed as of February 4, 1985, or
any existing shaft or abandoned shaft which
is modified or converted to a new purpose
for which it was not being used on February
., 1985.
Pollution-The contamination of
water or the alteration of a physical, chemi-
cal, radioactive, or biological quality of
water:
(A) that makes it harmful, detri-
mental, or injurious to humans, animal life,
vegetation, or property, or to public health,
safety, or welfare; or
(B) that impairs the usefulness or
the public enjoyment of the water for any
lawful and reasonable purpose.
Resident inspector-A person or per-
sons who is designated by the executive direc-
tor to remain on-site to oversee and inspect
the ongoing construction and operation of
the drilled or mined shaft.
Seismic reflection survey (geophysi-
cal survey)--Any surface based geophysical
method which can accurately measure a re-
sponse at depth of physical phenomena either
artificial and/or natural, directly, and/or in-
directly which is related to the underground
geological conditions.
Shaft-Any vertically oriented exca-
vation whether constructed by drilling or
mining techniques, where the depth of the
excavation is greater than its diameter, the
excavation penetrates into or through the
base of the uppermost water-bearing strata,
and the primary purpose of the excavation
is the transport of workers and materials to
and from a destination, at depth, for pu --
poses of geological studies, access to existing
and planned subsurface mine workings, safe-
ty, or for ventilation of those working.
Stratum or strata-A bed or layer, re-
gardless of thickness, that consists of
generally the same kind of soil, rock, and
material.
Surface facilities-The structures,
equipment, appurtenances, and other fix-
tures associated with the drilled or mined
shaft used for storage, processing, or opera-
tion, that are above the ground, but not in-
cluding the shaft collar.
Test hole-A drilled a.id/or cored
hole used to determine the type, nature, and
characteristics of the subsurface materials
and the extent and conditions of the various
materials as they exist.
Uppermost water-bearing strata-A
major or ninou aquifer as recognized and
described in the most current edition of
Texas Department of Water Resources Re-
port No. 238.
Well--An augered, bored, drilled, or
driven penetration or an artificial opening
in the ground made by digging, jetting, or
some other method, where the depth of the
well is greater than its largest surface dimen-
11 TexReg 1214 March 11, 1986sion, but the term does not include any sur-
face pit, surface excavation, drilled or mined
shaft, or natural depression.
329.3. Severability. If any provision of
this chapter, or the application of such pro-
vision to any person or circumstance, is held
invalid, the remainder of this chapter, or the
application of such provision to persons or
circumstances other than those as to which
it is held invalid shall not be affected thereby.
329.4. Construction and Use Prohibited.
(a) Unless excluded under subsection
(b) of this section, the construction, use, or
operation of a new shaft is prohibited unless
authorized by permit of the commission.
(b) The following penetrations are not
without the scope of subsection (a) of this
section:
(1) penetrations whose primary
purpose is the production of ground water;
(2) penetrations or boreholes autho-
rized by the commission under the under-
ground injection control program;
(3) shafts incident to surface mines
for oil and gas, iron ore, lignite, coal, or
uranium recovery regulated by the Railroad
Commission of Texas;
(4) sanitary sewer lift stations and
otherwise approved water and sewer collec-
tion, storage, and distribution structures;
(5) penetrations authorized by the
Texas Railroad Commission of less than 36
inch diameter whose primary purpose is the
ventilation of underground workings or
structures;
(6) penetrations authorized by the
commission or the Railroad Commission of
Texas whose purpose is the transmission of
fuels, concrete slurries, muds, electrical lines,
communications, wires, or structures, or
other utility transmissions, or bulk materials
to, or recovery from underground storage fa-
cilities or mine workings;
(7) penetrations which would other-
wise be defined as shafts, but which, due to
local conditions, do not penetrate into or
through a major or minor aquifer; and
48) existing shafts.
(c) The receipt, storage, and disposal
on site of any wastes not expressly autho-
rized by permit and not generated by con-
struction, is prohibited.
329.5. Pre-permit Determination.
(a) Prior to submission of an applica-
tion for permit, persons considering the con-
struction of a new shaft which may be de-
fined as a shaft subject to this chapter must
contact the executive director and obtain a
determination whether or not the proposed
activity is subject to this chapter.
(b) The following information must
be submitted for this determination:
(1) the proposed or existing location
of the shaft;
(2) the activity proposed, and if ap-
plicable, the existing activity; and
(3) the proposed or, if applicable,
existing depth of the shaft.(c) An applicant may provide infor-
mation supporting its position that the new
or existing shaft, due to local conditions, will
not penetrate into or through an uppermost
water-bearing strata for the purposes of this
determination.
329.6. Pre-application Activities.
(a) Persons who are determined to be
proposing a new shaft subject to this chap-
ter must obtain executive director approval
of plans for the drilling of an engineering de-
sign test hole on center or offset to the shaft
and a proposed seismic reflection survey
(geophysical survey) for the purposes of site
characterization, shaft and seal design, and
shaft decommissioning prior to submitting
an application for permit. Plans submitted
for approval shall contain specific informa-
tion which will address the following:
(1) test hole-location, drilling,
completion, testing, closure, surface cleanup,
and mud pits; and
(2) seismic survey-location and
number of lines, velocity control, and ac-
curacy of resolution.
(b) An applicant may provide results
of previous exploratory drilling and geophy-
sical surveys to support its position that the
engineering design test hole and seismic re-
flection survey (geophysical survey) are not
necessary.
(c) After an appropriate review of the
matters submitted under subsections (a) and
(b) of this section, the executive director:
(1) may allow the results of previ-
ous exploratory drilling and geophysical ex-
ploration to be substituted for the engineer-
ing design test hole and seismic reflection
survey;
(2) will determine the requirements
of 329.9 of this title (relating to Procedures
for Application) and the area of review;
(3) will determine the fee necessary
to compensate the Texas Water Commission
for reviewing the application; and
(4) may require mechanical integri-
ty investigation for existing shafts which may
be modified or converted to a new purpose.
(d) Persons required to drill an engi-
neering design test hole and/or conduct a
seismic reflection survey must first obtain the
written approval of the executive director.
329.7. Test Hole and Seismic Reflection
Survey.
(a) A test hole will not be required to
be drilled in conjunction with modification
or conversion of use of an existing or aban-
doned shaft.
(b) Current commission and the Rail-
road Commission of Texas regulations shall
be used to determine requirements for the
mud pit construction, surface cleanup, and
test hole closure requirements.
(c) A seismic reflection survey (geo-
physical survey) will not be required in con-
junction with modification or conversion of
use of an existing or abandoned shaft.Texas Register 4
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Texas. Secretary of State. Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986, periodical, March 11, 1986; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243767/m1/52/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.