N.J. Admin. Code § 7:14A-8.4

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:14A-8.4 - Prohibition of movement of fluid into underground sources of drinking water

(a) No UIC permit or approval under a permit-by-rule shall be issued or provided under this subchapter in the following circumstances:

1. Where a Class I, II or III well may cause or allow movement of any contaminant into underground sources of drinking water;

2. Where a Class IV or V well may cause or allow movement of fluid containing any contaminant into underground sources of drinking water, and the presence of that contaminant may adversely affect the health of persons; or

3. Where a Class V well is:

i. A large-capacity cesspool (design flow greater than 2,000 gallons per day). All large-capacity cesspools authorized by this subchapter shall be closed by April 5, 2005. Large-capacity cesspools shall be closed in accordance with 7:14A-8.16(d). The owner or operator shall notify the Department of intent to close at least 30 days prior to closure; or

ii. Except as provided at (a)3ii(1) below, a motor vehicle waste disposal well. A motor vehicle waste disposal well is an injection well that receives or has received fluids from motor vehicle repair or maintenance activities, such as an auto body repair shop, automotive repair shop, car dealership, specialty repair shop (for example, transmission and/or muffler repair shop), or any facility that does any motor vehicle repair work.

(1) Motor vehicle waste disposal wells constructed prior to April 5, 2000 shall be authorized under a permit in accordance with 7:14A-8.8, closed in accordance with 7:14A-8.16(d), or converted to another type of Class V well in accordance with 7:14A-8.16(g).

(2) Motor vehicle waste disposal wells that continue to operate in accordance with a permit shall meet Ground Water Quality Standards, N.J.A.C. 7:9C, at the last accessible sampling point prior to waste fluids being released into the subsurface environment. The owner or operator shall notify the Department of intent to close at least 30 days prior to closure.

(b) For Class I, II and III wells, and any Class IV well allowed under 7:14A-8.7(b), if any monitoring indicates the movement of injection or formation fluids into underground sources of drinking water, the Department shall prescribe such additional requirements for construction, corrective action, operation, monitoring, or reporting (including closure of the injection well) as are necessary to control or prevent such movement. These additional requirements shall be imposed by modifying the permit in accordance with 7:14A-2.12, or the permit shall be terminated under 7:14A-2.13 if cause exists, or appropriate enforcement action shall be taken if the permit has been violated.

(c) For Class V wells, if at any time the Department learns that a Class V well, other than those described in N.J.A.C. 7:14A-8.5(b)11, may cause a violation of the StateDrinking Water Act Rules, N.J.A.C. 7:10, or the Ground Water Quality Standards, N.J.A.C. 7:9C, the Department shall:

1. Require the owner or operator of the injection well to obtain a UIC permit pursuant to 7:14A-8.8; and

2. Order the owner or operator of the injection well to take such actions (including, where required, closure of the injection well) as may be necessary to prevent the violation and/or take enforcement action.

(d) Whenever the Department finds that a Class V well may otherwise be adversely affecting the health of persons, the Department may prescribe such actions as may be necessary to prevent the adverse effect, including any action authorized under (c) above.

(e) Notwithstanding any other provision of this section, the Department shall take emergency action upon receipt of information that a contaminant is present in or is likely to enter an underground source of drinking water that presents an imminent and substantial endangerment to the health of persons.

(f) If at any time the Department learns that a Class V well as described in N.J.A.C. 7:14A-8.5(b)11 may cause a violation of the Safe Drinking Water Act Rules, N.J.A.C. 7:10, or violates any provision of the Ground Water Quality Standards, N.J.A.C. 7:9C, then the Department may take enforcement action and shall require the owner or operator to implement one or more of the following:

1. Obtain a UIC permit pursuant to N.J.A.C. 7:14A-8.8;

2. Obtain a general permit pursuant to N.J.A.C. 7:14A-6.13; or

3. Take any appropriate actions to prevent the violation of N.J.A.C. 7:9C or 7:10, which may include closure of the injection well.

N.J. Admin. Code § 7:14A-8.4

Amended by 50 N.J.R. 1715(b), effective 8/6/2018