7 Del. Admin. Code § 7102-43.0

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

Section 7102-43.0 - Conditions applicable to all Permits and Major Class V Injection Wells

43.1 The following conditions apply to all UIC permits and Major Class V Injection Wells. All conditions applicable to all permits and Major Class V Injection Wells shall be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to these regulations (or the other applicable State regulations) may be given in the permit or Rule Authorization letter.

43.1.1 Permits shall be issued in a manner and shall contain conditions consistent with requirements of applicable Federal laws.

43.2 Duty to comply. The permittee must comply with all conditions of a permit. Any permit noncompliance constitutes a violation of 7 Del. C. § 6003 and any amending or superseding legislation and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.

43.3 Duty to reapply. If the permittee wishes to continue an activity regulated by a permit after the expiration date of a permit, the permittee must submit a complete application for a new permit at least 180 days prior to the expiration of the current permit, unless otherwise stated in the permit.

43.4 Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of a permit.

43.5 Duty to mitigate. The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with a permit.

43.6 Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of a permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.

43.7 Permit actions. A permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes, or anticipated noncompliance, does not stay any permit condition.

43.8 Property rights. A permit does not convey any property rights of any sort, or any exclusive privilege.

43.9 Duty to provide information. The permittee shall furnish to the Department, within a time specified, any information which the Department may request to determine whether cause exists for modifying, revoking and reissuing, or terminating a permit, or to determine compliance with a permit. The permittee shall also furnish to the Department, upon request, copies of records required to be kept under the terms of the permit.

43.10 Inspection and entry. As authorized by 7 Del. C. § 6024, the permittee shall allow the Department, or an authorized representative, to:

43.10.1 Enter upon the permittee's property where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of a permit;

43.10.2 Have access to and copy, at reasonable times, any records that must be kept under the conditions of a permit;

43.10.3 Inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under a permit; and

43.10.4 Sample or monitor, for the purposes of assuring permit compliance or as otherwise authorized by the SDWA, any substances or parameters at any location.

43.11 Monitoring and records.

43.11.1 Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.

43.11.2 The permittee shall retain records of all monitoring information, including the following:

43.11.2.1 Calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by a permit, and records of all data used to complete an application for a permit, for a period of at least three (3) years from the date of the sample, measurement, report, or application. This period may be extended by the Department at any time; and

43.11.2.2 The nature and composition of all injected fluids until three (3) years after the completion of any plugging and abandonment. The Department may require the owner or operator to deliver the records to the Department at the conclusion of the retention period.

43.11.3 Records of monitoring information shall include:

43.11.3.1 The date, exact physical location, sampling method and time of sampling or measurements;

43.11.3.2 The names of the individual(s) who performed the sampling or measurements;

43.11.3.3 The date(s) analyses were performed;

43.11.3.4 The names of the individual(s) who performed the analyses;

43.11.3.5 The analytical techniques or methods used; and

43.11.3.6 The results of such analyses.

43.12 Signatory requirement. All applications, reports, or information submitted to the Department shall be signed and certified pursuant to Section 33.0.

43.13 Reporting requirements.

43.13.1 Planned changes. The permittee shall give advance notice to the Department of any planned physical alterations or additions to the permitted facility that may affect any permitted or authorized UIC activity.

43.13.2 Anticipated noncompliance. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.

43.13.3 Transfers. A permit is not transferable to any person except after notice to and written approval from the Department. The Department may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under Section 39.0.

43.13.4 Monitoring reports. Monitoring results shall be reported at the intervals specified in a permit.

43.13.5 Compliance schedules. Progress reports or reports of compliance or noncompliance with interim and final requirements contained in any compliance schedule of a permit shall be submitted no later than 14 days following each scheduled date.

43.13.6 Twenty-four (24) hour reporting. The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances by calling DNREC's Enforcement Section's 24-hour Reporting Line at (800) 662-8802. A written submission shall also be provided within five (5) days of the time the permittee becomes aware of the circumstances. The written submission shall contain a contact name and phone number; description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The submitted report shall also include the following, as a minimum:

43.13.6.1 Any monitoring or other information which indicates that any contaminant may pose a threat of contamination to an underground source of drinking water; or

43.13.6.2 Any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between the underground sources of drinking water.

43.13.7 Other noncompliance. The permittee shall report all instances of noncompliance not reported under subsection 43.13, at the time monitoring reports are submitted. The reports shall contain the information listed in subsection 43.13.

43.13.8 Other information. Where the permittee becomes aware that he/she failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Department, the permittee shall promptly submit such facts or information.

43.13.9 Noncompliance notifications shall be submitted to the GWDS as follows: DNREC GWDS, 89 Kings Highway, Dover, DE 19901.

43.14 Requirements prior to commencing injection. A new injection well may not commence injection until construction is complete, and

43.14.1 The permittee has submitted a notice of completion of construction to the Department; and

43.14.2 The Department has inspected or otherwise reviewed the new injection well and finds it is in compliance with the conditions of the permit.

43.15 The permittee shall notify the Department at such times as the permit or these regulations require before conversion or abandonment of the well.

43.16 All Class I permits and Major Class V permits (such as a project which discharges fluid through an underground source of drinking water) shall include conditions which meet the applicable requirements of Section 63.0 of these Regulations and the State of Delaware Regulations Governing the Construction and Use of Wells to ensure that plugging and abandonment of the well will not allow the movement of fluids into or between USDWs. Where the Department's review of an application indicates that the permittee's plan is inadequate, the Department may require the applicant to revise the plan, prescribe conditions meeting the requirements of this Section, or deny the permit. For purposes of this Section, temporary or intermittent cessation of injection operations is not abandonment.

43.17 Plugging and abandonment report. The report shall be certified as accurate by the person who performed the plugging operation, in accordance with the State of Delaware Regulations Governing the Construction and Use of Wells and these Regulations.

43.18 Duty to establish and maintain mechanical integrity.

43.18.1 The owner or operator of a Class I injection well shall establish mechanical integrity prior to commencing injection or on a schedule determined by the Department, and thereafter maintain mechanical integrity as defined in Section 61.0. The Department may require by written notice that the owner or operator comply with a schedule describing when mechanical integrity demonstrations shall be made.

43.18.2 When the Department determines that a Class I injection well lacks mechanical integrity pursuant to Section 61.0, the Department shall give written notice of the Department's determination to the owner or operator. Unless the Department requires immediate cessation, the owner or operator shall cease injection into the well within 48 hours of receipt of the Department's determination. The Department may allow plugging of the well pursuant to the requirements of Section 63.0 or require the permittee to perform such additional construction, operation, monitoring, reporting, and corrective action as is necessary to prevent the movement of fluid into or between USDWs caused by the lack of mechanical integrity. The owner or operator may resume injection upon written notification from the Department that the owner or operator has demonstrated mechanical integrity pursuant to Section 61.0.

7 Del. Admin. Code § 7102-43.0

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