Ala. Admin. Code r. 335-6-8-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-6-8-.05 - Prohibited Actions

(1) The following actions are prohibited by this Chapter:

(a) The discharge of fluids and/or pollutants to ground water and/or to soils, which may result in a discharge of fluids and/or pollutants to ground water which is not authorized by and in compliance with a permit issued under the provisions of this Chapter, the Alabama Hazardous Waste Management and Minimization Act or ADEM Administrative Code Division 335-14 (Hazardous Waste Program) or other Chapter of the ADEM administrative Code.

(b) The injection into any injection well or the construction of any injection well or facility to be used for the injection into any injection well unless such injection and construction is authorized by permit in accordance with this Chapter.

(c) Violation of any condition or requirement of any permit issued pursuant to this Chapter.

(d) Constructing, operating, maintaining, converting, plugging, abandoning, or conducting any other injection activity in a manner that allows the movement of fluids and/or pollutants into a USDW, if the presence of fluids and/or pollutants may cause an exceedance of any primary or secondary drinking water regulation under 40 CFR Part 141 and 143 ; or may result in a water of the state failing to meet applicable water quality criteria in accordance with ADEM Administrative Code Rule 335-6-10; or may otherwise adversely affect the health of persons or other legitimate beneficial uses. The owner or operator shall have the burden of showing that the requirements of this paragraph are met.

(e) Well injection between the outermost casing and the borehole.

(f) Construction or operation of a Class I well.

(g) Operation of a Class III well lacking mechanical integrity.

(h) Operation of a Class VI well lacking mechanical integrity.

(i) Construction or operation of a Class IV well.

(j) Construction or operation of a cesspool.

(k) Construction or operation of a motor vehicle waste disposal well.

(1) Construction or operation of a Class V vertical well for the injection of sanitary waste, treated or untreated, unless the injection is through an Aquifer Storage and Recovery (ASR) well permitted under this chapter.

(2) If the Department becomes aware that an injection well may cause a violation of primary or secondary drinking water regulations under 40 CFR Part 141 and 143 in a USDW, has not been operated in accordance with the requirements of this Chapter, or otherwise poses a threat to the environment or the health of persons, the Department may order the owner or operator to take such actions (including where required closure of the injection well) as may be necessary to prevent or abate the violation of a primary or secondary drinking water regulation under 40 CFR Part 141 and 143 in a USDW. This may include the performance of ground water quality investigations and the implementation of corrective actions. Such investigations and/or corrective actions shall be conducted in a manner suitable to the Department.

3. The Department may take emergency action upon receipt of information that a fluid and/or pollutant which is present in or likely to enter a USDW may present an imminent and substantial endangerment to the health of persons or the environment.

Ala. Admin. Code r. 335-6-8-.05

Effective June 10, 1982. Amended: April 15, 1983; October 10, 1984. Repealed and New Rule: Filed April 11, 2002; effective May 16, 2002. Amended: Filed June 23, 2009; effective July 28, 2009.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 11, August 31, 2015, eff. 9/29/2015.

Authors: Curt Johnson, Thad Pittman, Sonja Massey

Statutory Authority: Code of Ala. 1975, §§ 22-22-9, 22-22A-5, 22-22A-6, 22-22A-8.