7 Del. Admin. Code § 7102-44.0

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

Section 7102-44.0 - Establishing permit conditions

44.1 In addition to permit conditions required in Section 43.0 the Department may establish permit conditions as required on a case-by-case basis under Sections 44.0, 45.0, and 46.0. Permits for other wells shall contain the following requirements, when applicable.

44.1.1 Construction requirements as set forth in Part 146 (Sections 55.0-70.0). Existing wells shall achieve compliance with such requirements according to a compliance schedule established as a permit condition. The owner or operator of a proposed new injection well shall submit plans for testing, drilling, and construction as part of the permit application. No construction may commence until a permit has been issued containing construction requirements (see Section 23.0). New wells shall be in compliance with these requirements prior to commencing injection operations. Changes in construction plans during construction may be approved by the Department as minor modifications (Section 42.0). No such changes may be physically incorporated into construction of the well prior to approval of the modification by the Department.

44.1.2 Corrective action as set forth in Section 47.0.

44.1.3 Operation requirements as set forth in Part 146 (Sections 55.0-70.0).

44.1.4 The permit shall establish any maximum injection volumes and pressures necessary to assure that fractures are not initiated in the confining zone, that injected fluids do not migrate into any underground source of drinking water, that formation fluids are not displaced into any underground source of drinking water, and to assure compliance with the Part 146 (Sections 55.0-70.0) operating requirements.

44.1.5 Monitoring and reporting requirements as set forth in Part 146 (Sections 55.0-70.0). The permittee shall be required to identify types of tests and methods used to generate the monitoring data.

44.1.6 After a cessation of operations of six (6) months, the Department may require the owner or operator to plug and abandon the well.

44.1.7 Financial responsibility.

44.1.7.1 The permittee, is required to demonstrate and maintain financial responsibility and resources to close, plug, and abandon the underground injection operation in a manner prescribed by the Department until:

44.1.7.1.1 The well has been plugged and abandoned in accordance with an approved plugging and abandonment plan pursuant to Section 63.0, and submitted a plugging and abandonment report pursuant to Section 63.0;

44.1.7.1.2 The well has been converted in compliance with the requirements of the DNREC's Water Supply Section; or

44.1.7.1.3 The transferor of a permit has received notice from the Department that the owner or operator receiving transfer of the permit, and the new permittee, has demonstrated financial responsibility for the well.

44.1.7.2 The permittee shall demonstrate financial responsibility to the Department by the submission of a surety bond, or other adequate assurance, such as a financial statement or other materials acceptable to the Department.

44.1.8 Mechanical integrity. A permit for any Class I well or injection project which lacks mechanical integrity shall include, and for any Class V well may include, a condition prohibiting injection operations until the permittee shows to the satisfaction of the Department under Section 61.0 that the well has mechanical integrity.

44.1.9 Additional conditions. The Department may impose on a case-by-case basis such additional conditions as are necessary to prevent the migration of fluids into underground sources of drinking water.

44.2 Additional Permit Requirements.

44.2.1 In addition to conditions required in all permits the Department shall establish conditions in permits as required on a case-by-case basis, to provide for and assure compliance with all applicable requirements of7Del.C. § 6003; these Regulations; and SDWA and Parts 144, 145, 146 and 124.

44.2.2 When a permit is reopened at the discretion of the Department pursuant to Section 14.0 of these Regulations, an applicable requirement is also any requirement which takes effect prior to the modification or revocation and reissuance of a permit, to the extent allowed in Section 40.0. An applicable requirement is a State statutory or regulatory requirement which takes effect prior to final administrative disposition of the permit.

44.2.3 New or reissued permits, and to the extent allowed under Section 40.0 modified or revoked and reissued permits, shall incorporate each of the applicable requirements referenced in this section.

44.3 Incorporation. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements shall be given in the permit.

44.4 All owners/operators are required to comply with all permit conditions. Any disputes or discrepancies regarding permit conditions must be resolved prior to initiation of injection activities. Such resolution may result in the issuance of a new permit.

7 Del. Admin. Code § 7102-44.0

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