joint groundwater report - Texas Commission on Environmental ...

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Groundwater information, especially analytical data, must be of reliable quality. A <strong>groundwater</strong> sample issubject to inadvertent alteration at many points from its removal at the well to its final laboratory analysis. Itis important that reliable, verifiable procedures be used for sampling, handling, and laboratory analysis.Verification of analytical results is often desirable before concluding that contamination has occurred.Verification procedures include resampling and splitting samples with other entities for comparison ofanalytical results.Proper interpretation of information and analytical data is essential to the goal of documenting <strong>groundwater</strong>contamination. Comparison of sampling results to known background water quality is often necessary todetermine if contamination has occurred. Some compounds, such as refined gasoline or synthetic organiccompounds, are not naturally occurring and their presence in detrimental amounts constitutes contamination.Other constituents such as sodium, chloride, and nitrate are naturally occurring and a comparison to knownbackground water quality is necessary to determine whether contamination has occurred.As noted earlier, the occurrence of highly mineralized <strong>groundwater</strong> or the <strong>report</strong>ing of significantconcentrations of dissolved solids and certain other naturally occurring constituents from <strong>groundwater</strong>monitoring programs does not, of itself, constitute <strong>groundwater</strong> contamination. Many aquifers contain watercategorized as slightly saline to very saline, ranging from 1,000 milligrams per liter (mg/L) of dissolvedsolids to 10,000 mg/L and greater. Mineralized waters are the result of natural hydrogeologic processesinvolving restricted circulation, chemical reactivity, and residence time. These conditions exist in many areasof the state and wells producing poor quality waters are common.Notification of Groundwater ContaminationWater-quality monitoring and <strong>report</strong>ing requirements addressing unauthorized discharges are generallydescribed in rules specific to the activity being regulated. The <strong>report</strong>ing requirements are also generallyprogram specific. Program-specific <strong>groundwater</strong> monitoring requirements are discussed further under each ofthe agency or program headings in the section entitled Groundwater Protection Program Descriptions.Unauthorized discharges to water in the state, including <strong>groundwater</strong>, from regulated activities under theTNRCC’s jurisdiction are prohibited (<strong>Texas</strong> Water Code, §26.121). Numerous state and federal laws eitherrequire monitoring of <strong>groundwater</strong> quality and notification to regulatory entities when such monitoringindicates an unauthorized discharge has impacted <strong>groundwater</strong> or, direct the TNRCC to adopt requirementsfor monitoring and notification.<strong>Texas</strong> Water Code, §5.103 provides the TNRCC with the authority to adopt any regulation necessary to carryout its powers and duties under the <strong>Texas</strong> Water Code and other laws of the state. In addition, §26.042 of the<strong>Texas</strong> Water Code authorizes the TNRCC to prescribe reasonable requirements for regulated activities whichmanage waste discharges to monitor and <strong>report</strong> on waste collection, treatment, and disposal activities. Suchregulatory activities are required by rule, permit, or order issued by the TNRCC. When significant waterqualitymanagement benefits will result or water-quality management needs justify, the TNRCC may alsoprescribe reasonable requirements to monitor and <strong>report</strong> on the quality of any water in the state which theTNRCC has reason to believe may be adversely affected by waste discharges.18
Reporting Unauthorized Discharges and SpillsThe TNRCC is the state's lead agency for the response to all hazardous substance discharges or spills, anddischarges or spills of other substances and certain inland oil discharges or spills which may cause pollution.This authority is derived from §26.039 and §§26.261 through 26.268 of the <strong>Texas</strong> Water Code (<strong>Texas</strong>Hazardous Substances Spill Prevention and Control Act). Pursuant to §26.039 (b), whenever an accidentaldischarge or spill occurs at or from any activity or facility which causes or may cause pollution, the individualoperating, in charge of, or responsible for the activity or facility shall notify the TNRCC as soon as possibleand not later than 24 hours after the occurrence. Section 26.039 (a) defines an accidental discharge as an actor omission through which waste or other substances are inadvertently discharged into water in the state. Itfurther defines a spill as an act or omission in which waste or other substances are deposited where, unlesscontrolled or removed, they will drain, seep, run, or otherwise enter water in the state.The TNRCC adopted Spill Prevention and Control Rules, with changes, on April 24, 1996. The final ruleswere filed with the <strong>Texas</strong> Register on May 14, 1996, and became effective May 23, 1996. A <strong>report</strong>abledischarge or spill is an unauthorized accidental discharge or spill of oil, petroleum product, used oil,hazardous waste, industrial solid waste, or other substances into the environment in a quantity equal to orgreater than a <strong>report</strong>able quantity as defined in the rules. Upon the determination that a <strong>report</strong>able dischargeor spill has occurred, the responsible person must notify the TNRCC as soon a possible but no later than 24hours after its discovery. A summarization of the TNRCC’s Spill Prevention and Control Rules is given inAppendix 5.The Railroad <strong>Commission</strong> of <strong>Texas</strong> (RCT) is generally the agency to respond for discharges or spills fromactivities associated with the exploration, development, or production, including storage or transportation, ofoil, gas, and geothermal resources (<strong>Texas</strong> Natural Resources Code, §§85.042, 91.101, and 91.601).Discharges or spills from brine mining or surface mining are also under the jurisdiction of the RCT.In general, the RCT has jurisdiction over discharges or spills associated with the transportation of crude oilprior to refining of the oil and of natural gas prior to its use in a manufacturing process or as a residential orindustrial fuel. As a result, discharges or spills from crude oil or natural gas pipelines are under thejurisdiction of the RCT. However, discharges or spills from pipelines transporting refined products such asgasoline, diesel, or other fuel oils fall under the regulatory jurisdiction of the TNRCC, and the SpillPrevention and Control Rules should be followed. As specified under the State of <strong>Texas</strong> Oil and HazardousSubstances Spill Contingency Plan, the TNRCC serves as the lead agency in directing and approving theresponse for the discharge or spill of a harmful quantity of crude oil (defined as five or more barrelsdischarged or spilled on the ground or any quantity discharged or spilled into water) during highway or railtransportation.19
Page 5: Table of ContentsACRONYMS .........
Page 8 and 9: ACRONYMSAgencies, Divisions, and Pr
Page 10 and 11: The report further
Page 12 and 13: groundwater qualit
Page 14 and 15: Describing an agency's enforcement
Page 16 and 17: Figure 2a. Groundwater Contaminatio
Page 19 and 20: GROUNDWATER PROTECTIONThe following
Page 21 and 22: core program compliance, thus provi
Page 23 and 24: ability to remove or treat all cont
Page 25: approach that will expedite remedia
Page 29 and 30: county judges and county health ent
Page 31 and 32: USER’S GUIDEThe remaining portion
Page 33 and 34: Figure 3. Contamination Case Descri
Page 35 and 36: Figure 4. Enforcement Status Matrix
Page 37 and 38: Activity Status CodesOnce g
Page 39 and 40: GROUNDWATER PROTECTIONPROGRAM DESCR
Page 41 and 42: Status of Groundwater Monitoring Pr
Page 43 and 44: Industrial and Hazardous Waste Divi
Page 45 and 46: Since 1975, when the first Class II
Page 47 and 48: supplies from IHW's Class I Undergr
Page 49 and 50: 29 chemical parameters. Subsequent
Page 51 and 52: due to completed action from this a
Page 53 and 54: Status of Groundwater Monitoring Pr
Page 55 and 56: state agencies which have jurisdict
Page 57: systems have 8,131 entry points sup
Page 60: Figure 7. Texas Wa
Page 63 and 64: The RCT also responds to citizen co
Page 65 and 66: aquifers and stream baseflow. At th
Page 67 and 68: Texas Department o
Page 69 and 70: Texas State Soil a
Page 71 and 72: Texas Alliance of
Page 73 and 74: Prior to the plugging of six monito
Page 75 and 76: egan a research study of the fresh
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High Plains Underground Water Conse
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Hill Country Underground Water Cons
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An artesian brine aquifer called th
Page 83 and 84:
Plateau Underground Water Conservat
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effort will allow the district to c
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and methods to better evaluate wher
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Texas Department o
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Table 1Texas Natur
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TABLE 1GROUNDWATER CONTAMINATION CA
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Table 2Railroad Commission<
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Table 3Texas Allia
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APPENDICESAppendix 1. Texas
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Appendix 1. Texas
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Texas State Soil a
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Appendix 2. Texas
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Appendix 3. Groundwater Classificat
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Figure 15. Groundwater Classificati
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Appendix 4. Texas
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Appendix 5. TNRCC Spill Prevention
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working days of the discovery of th
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A-19
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A-21
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A-23
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Appendix 7. Agency and District Con
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Edwards Aquifer AuthorityEmerald Un
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Appendix 8. Agency Central Records
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Appendix 9. Other Reports and Publi
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impact on the quality of the state'
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