7 Del. Admin. Code § 7102-24.0

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

Section 7102-24.0 - Prohibition of movement of fluid into underground sources of drinking water

24.1 No owner or operator shall construct, operate, maintain, convert, plug, abandon, or conduct any other injection activity in a manner that allows the movement of fluid containing any contaminant into underground sources of drinking water, if the presence of that contaminant may cause a violation of the State of Delaware Primary Drinking Water Standards or may otherwise adversely affect the health of persons. The applicant for a permit shall have the burden of showing that the requirements of this Section are met.

24.2 For Class I wells, if any water quality monitoring of an underground source of drinking water indicates the movement of any contaminant into the underground source of drinking water, except as authorized under Sections 55.0-70.0, the Department shall prescribe such additional requirements for construction, corrective action (including closure of the injection well), operation, monitoring, or reporting as are necessary to prevent such movement. These additional requirements may be imposed by modifying the permit in accordance with Section 40.0, or the permit may be terminated under Section 41.0. Appropriate enforcement action may be taken if a permit condition has been violated.

24.3 For Class V wells, if at any time the Department learns that a Class V well may cause a violation of primary drinking water regulations under State of Delaware Public Drinking Water Systems, the Department shall:

24.3.1 Require the injector to obtain an individual UIC permit;

24.3.2 Order the injector to take such actions (including, where required, closure of the injection well) as may be necessary to prevent the violation; or

24.3.3 Take enforcement action.

24.4 Whenever the Department learns that a Class V well may be otherwise 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 subsection 24.3.

24.5 Notwithstanding any other provision of this Section, the Department may take emergency action upon receipt of information that a contaminant which may constitute an imminent and substantial danger or threat to the health of persons is present in or is likely to enter a public water system or USDW.

7 Del. Admin. Code § 7102-24.0

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