7 Del. Admin. Code § 7102-32.0

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

Section 7102-32.0 - Application for a permit

32.1 Permit application. Unless an underground injection well is authorized by rule, all injection activities including construction of an injection well are prohibited until the owner or operator has received a Rule Authorization letter or a Permit. An owner or operator of a well that is currently authorized by rule must apply for a permit under this Section if the owner or operator fails to comply with the authorization by rule. Authorization by rule for a well or project for which a permit application has been submitted terminates for the well or project upon the effective date of the permit. Procedures for applications, issuance and administration of emergency permits are found in Section 35.0.

32.2 Potential Applicants. When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit; however, the Department may require that the property owner obtain a permit.

32.3 Time to apply. Any person who performs or proposes an underground injection for which a permit is or will be required shall submit an application to the Department in accordance with the UIC program as follows:

32.3.1 For existing, unpermitted injection activities or wells, within 180 days from being located, must come into compliance with these regulations or subsequent revisions thereof.

32.3.2 For new injection wells, a minimum of 60 days before construction is expected to begin.

32.4 Completeness. The Department will not issue a permit before receiving a complete application for a permit. An application for a permit is complete when the Department receives an application form and any supplemental information which are completed to the Department's satisfaction. The completeness of any application for a permit shall be judged independently of the status of any other permit application or permit for the same facility or activity.

32.5 Information requirements. All applicants for permits shall provide the following information to the Department, using the application form provided by the Department.

32.5.1 The activities conducted by the applicant which require it to obtain a permit(s) under UIC.

32.5.2 The name, mailing address, and physical location of the facility for which the application is submitted.

32.5.3 Up to four (4) SIC or NAICS codes which best reflect the principal products or services provided by the facility.

32.5.4 The owner's and operator's (if different from owner) name, physical address, telephone number, ownership status, and status as Federal, State, private, public, or other entity.

32.5.5 A listing of all permits or construction approvals received or applied for under any of the following programs:

32.5.5.1 Hazardous Waste Management program under RCRA.

32.5.5.2 UIC program under SDWA.

32.5.5.3 NPDES program under CWA.

32.5.5.4 Prevention of Significant Deterioration (PSD) program under the Clean Air Act.

32.5.5.5 Nonattainment program under the Clean Air Act.

32.5.5.6 National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air Act.

32.5.5.7 Ocean dumping permits under the Marine Protection Research and Sanctuaries Act.

32.5.5.8 Dredge and fill permits under Section 404 of CWA.

32.5.5.9 Other relevant environmental permits, including State permits (including well permits).

32.5.6 A scaled, color topographic map (or other map approved by DNREC if a topographic map is unavailable) extending one (1) mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, and other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within a quarter (1/4) mile of the facility property boundary.

32.5.7 A brief description of the nature of the business.

32.5.8 A plugging and abandonment plan that meets the requirements of Section 63.0 and is acceptable to the Department.

32.5.9 A map showing the extent of the plume of contamination, even beyond the property boundary lines of injection property, for each contaminant.

32.6 Recordkeeping. Applicants shall keep for at least five (5) years from the date of submission all data used to complete permit applications and any supplemental information submitted in support of an application or written UIC approval.

32.7 Other information, as specified on the UIC application form.

7 Del. Admin. Code § 7102-32.0

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