7 Del. Admin. Code § 7102-20.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 7102-20.0 - Purpose and scope

20.1 Content of Part 144. Part 144 (Sections 20.0-54.0) set forth requirements for the Underground Injection Control (UIC) program promulgated under Part C of the Safe Drinking Water Act (SDWA).

20.2 Applicability. The Regulations in this Part establish minimum requirements for Delaware's UIC program.

20.3 All underground injections in Delaware are unlawful and subject to penalties unless authorized by rule, authorized by a permit or Rule Authorization letter. This Part sets forth the requirements governing all UIC programs, activities authorized by rule, Rule Authorization letters, or Permit(s) and prohibits certain types of injection. The technical regulations governing these authorizations appear in Part 146 (Sections 55.0 - 70.0).

20.4 Scope of the permit and other program requirements. The UIC Permit Program regulates underground injections by six classes of wells. The six classes of wells are set forth in Section 58.0. All owners or operators of injection wells that are not authorized by rule in this Regulation shall receive written approval from the Department prior to constructing the injection activity. Injection that results in the movement of fluid containing any contaminant into Underground Sources of Drinking Water (USDW), if the presence of that contaminant may cause a violation of any primary drinking water regulation or may adversely affect the health of persons (Section 24.0) is prohibited. For Class V wells, if such prohibited fluid movement occurs, a permit may be required (Section 29.0) or the Department may require remedial action or closure by Order (Section 24.0). An aquifer is a USDW if it fits the definition, even if it has not been "identified."

20.4.1 Specific inclusions. The following wells are included among those types of injection activities which are addressed by Delaware UIC regulations. (This list is not intended to be exclusive but is for clarification only.)

20.4.1.1 Any injection well located on a drilling platform inside the State's territorial waters.

20.4.1.2 Any dug hole or well that is deeper than its largest surface dimension, where the principal function of the hole is emplacement of fluids.

20.4.1.3 Any on-site wastewater treatment and disposal system (septic), or other injection well used by a multiple dwelling, community, or regional system, for the injection of wastes, that are not permitted through the State of Delaware Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems. See Section 53.0 regarding cesspool requirements.

20.4.1.4 Any percolation ponds in direct contact with the water table.

20.4.2 Specific exclusions. The following are not covered by these regulations:

20.4.2.1 Individual or single family residential waste disposal systems such as domestic on-site wastewater treatment and disposal (septic) systems, which are addressed in the State of Delaware Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems.

20.4.2.2 Water softener backwash from individual or single family residential water softeners.

20.4.2.3 Any dug hole, drilled hole, or bored shaft which is not used for the subsurface emplacement of fluids.

20.5 Bypassing

20.5.1 Any bypass of treatment facilities, or component thereof necessary to maintain compliance with the terms and conditions of a UIC permit or Rule Authorization Letter is prohibited unless:

20.5.1.1 The bypass is unavoidable to prevent loss of life, personal injury or severe property damage;

20.5.1.2 There are no alternatives;

20.5.1.3 The Department is orally notified within 24 hours after such bypass; and, a written submission regarding the bypass is submitted within five (5) days of the permittee's becoming aware of the bypass. Where the need for a bypass is known (or should have been known) in advance, this notification shall be submitted to the Department for approval at least 10 days prior or as soon as possible before the date of bypass; and

20.5.1.4 The bypass is allowed under conditions determined by the Department to be necessary to minimize adverse effects as provided under 7 Del. C. § 6011.

20.6 Adverse Impact. Permittees shall take all steps to minimize any adverse impact to a USDW resulting from operation under the permit. Such steps may include, but not be limited to, accelerated or additional monitoring as necessary to determine the nature and impact of the non-complying discharge or mitigation of such impacts.

20.7 State Laws. A UIC permit or Rule Authorization Letter shall not be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable state law or regulation.

20.8 Property Rights. The issuance of a UIC permit or Rule Authorization letter does not convey any property rights of either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations.

7 Del. Admin. Code § 7102-20.0

21 DE Reg. 978 (6/1/2018) (Final)