7 Del. Admin. Code § 7102-35.0

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

Section 7102-35.0 - Emergency permits

35.1 Coverage. Notwithstanding any other provision of these Regulations, the Department may temporarily permit a specific underground injection if:

35.1.1 An imminent and substantial endangerment to the health of persons will result unless a temporary emergency permit is granted;

35.1.2 Timely application for a permit could not practicably have been made; and

35.1.3 The injection will not result in the movement of fluids into underground sources of drinking water.

35.2 Requirements for issuance.

35.2.1 Any temporary permit under subsection 35.1.1 shall be valid for no longer than required to prevent the hazard.

35.2.2 Any temporary permit under subsection 35.1.2 shall be for no longer than 90 days, except that if a permit application has been submitted prior to the expiration of the 90 day period, the Department may extend the temporary permit until final action on the application.

35.2.3 Notice of any temporary permit under this Section shall be published in accordance with Section 10.0.

35.2.4 The temporary permit under this Section may be either oral or written. If oral, it must be followed within five (5) calendar days by a written temporary emergency permit.

35.2.5 The Department shall condition the temporary permit in any manner determined to be necessary to ensure that the injection will not will not result in the movement of fluids into an underground source of drinking water.

7 Del. Admin. Code § 7102-35.0

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