7 Del. Admin. Code § 7102-49.0

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

Section 7102-49.0 - Class V Well Applicability

49.1 Sections 49.0 - 54.0 apply to person(s) who own or operate a Class V well (see Section 58.0 for well classes).

49.2 The following injection activities are Exempted, Prohibited, Authorized by Rule, Rule Authorized (letter), or require a UIC Permit:

49.2.1 Exempted from these UIC Regulations:

49.2.1.1 Non-residential on-site wastewater treatment and disposal systems (septics) which are used solely for the disposal of sanitary waste and have the capacity to serve fewer than 20 persons a day [see State of Delaware Regulations Governing the Design, Installation and Operation of On-site Wastewater Treatment and Disposal Systems];

49.2.1.2 Individual/residential home water treatment systems;

49.2.1.3 Floor drains or injection points that discharge air conditioning condensate only.

49.2.2 Prohibited injection activities:

49.2.2.1 Large capacity cesspools.

49.2.2.2 Class II, III, IV and VI Injection Wells.

49.2.2.3 Motor vehicle waste disposal wells (floor drains) in facilities which perform repairs or maintenance on engines, and are not connected to a POTW or an approved pretreatment unit (See Section 53.0).

49.2.2.4 Large capacity on-site wastewater treatment and disposal systems not designed, constructed or installed in accordance with the State of Delaware Regulations Governing the Design, Installation and Operation of On-site Wastewater Treatment and Disposal Systems.

49.2.2.5 Storm water structures not designed, constructed or installed in accordance with the State of Delaware Sediment and Stormwater Regulations.

49.2.2.6 Any injection activities not authorized by rule, receive a Rule Authorization letter or are permitted are prohibited.

49.2.2.7 Injection of hazardous fluids.

49.2.3 Authorized by Rule:

49.2.3.1 The following activities are authorized by rule without the need to submit separate documentation or application to the UIC Program. Violations of the UIC Regulations may result in the requirement to obtain a UIC Permit:

49.2.3.1.1 Stormwater structures designed, constructed and installed in accordance with State of Delaware Sediment and Stormwater Regulations.

49.2.3.1.2 Large capacity on-site wastewater treatment and disposal systems designed, constructed and installed in accordance with the State of Delaware Regulations Governing the Design, Installation and Operation of On-site Wastewater Treatment and Disposal Systems.

49.2.3.1.3 Air conditioning return flow wells, which contain no additives and returns the water to the aquifer in which it was withdrawn.

49.2.3.1.4 Open-loop geothermal return flow wells.

49.2.3.1.5 Steam condensate wells, which contain no additives.

49.2.4 Rule Authorization letter:

49.2.4.1 The following activities are Rule Authorized, and separate documentation or application will be required based on the injection activity:

49.2.4.1.1 Floor drains not located in an engine repair area.

49.2.4.1.2 Brine discharges from water treatment systems that treat less than 25,000 GPD of raw water.

49.2.4.1.3 Injection wells used to remediate contaminated soil or groundwater when the injection wells are approved as part of a DNREC-approved corrective action or remediation plan; approved remediation plan must document all injection activities.

49.2.5 Permits are required for these injection activities:

49.2.5.1 Aquifer Storage and Recovery wells.

49.2.5.2 Recharge wells used to replenish the water in an aquifer.

49.2.5.3 Remediation projects not conducted with the DNREC Tank Management Section or Site Investigation and Restoration Section.

49.2.5.4 Cooling water return wells.

49.2.5.5 Experimental injection well technologies.

49.2.5.6 Subsidence Control Wells.

49.2.5.7 Wick drains that direct fluid downward.

49.2.5.8 Lake Level Control wells.

49.2.5.9 Dry wells used for the injection of wastes into a subsurface formation.

49.2.5.10 Brine discharges from water treatment plans that are designed to provide 25,000 GPD or more of potable water.

49.2.5.11 Air conditioning return flow wells.

49.2.5.12 Subsidence control wells (not used for the purpose of oil or natural gas production) used to inject fluids into a non-oil or gas producing zone to reduce or eliminate subsidence associated with the overdraft of fresh water.

49.2.5.13 Injection wells associated with the recovery of geothermal energy for heating, aquaculture and production of electric power.

49.2.5.14 Salt water intrusion barrier wells used to inject water into a fresh aquifer to prevent the intrusion of salt water into the fresh water.

49.2.5.15 Any storm water infiltration system consisting of a drilled or driven shaft, or dug hole that is deeper than it is wide or includes any subsurface piping, which comes into contact with an unconfined aquifer.

49.2.5.16 Any other injection activity, not specifically identified in these Regulations, which may discharge a fluid directly into a USDW which may cause a release of a contaminant in excess of primary drinking water standards.

7 Del. Admin. Code § 7102-49.0

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