7 Del. Admin. Code § 7102-52.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 7102-52.0 - Permit Applicability

52.1 Class V wells may be Rule Authorized or approved by permit. The following Sections explain the conditions under which a Class V injection well may receive a Rule Authorization letter or approved by permit.

52.2 General Rule Authorization letter. A Class V injection activity, such as those listed in Section 49.0, may be Rule Authorized, meaning the owner/operator must comply with all the requirements of this subpart and the rest of the UIC Program, but an individual permit is not required. Well rule authorization letters are terminated upon proper well abandonment, as described in subsection 50.3.

52.3 Circumstances in which permits or other actions are required. An owner/operator performing one of the activities listed below must either obtain a permit or close the injection well.

52.3.1 Any Class V injection activity that is found to be out of compliance with a Rule Authorization letter.

52.3.2 Own or operate a Class V large-capacity cesspool (in which case, the owner/operator must close the well as specified in the additional requirements in subsection 53.1); new cesspools are prohibited.

52.3.3 Own or operate an Aquifer Storage and Recovery (ASR) well.

52.3.4 Own or operate a Class V well that discharges through a USDW.

52.3.5 The owner/operator is specifically required by the Department to obtain a permit, or the owner/operator is prohibited from injecting into the well upon:

52.3.5.1 Failure to submit a permit application in a timely manner as specified in a notice from the Department; or

52.3.5.2 Upon the effective date of permit denial.

52.3.6 The owner/operator has failed to submit inventory information to the Department, as described in Section 51.0 (in which case, the owner/operator is prohibited from injecting into the well until the inventory requirements are met).

52.3.7 Any Class V injection well that has not received a Rule Authorization letter.

7 Del. Admin. Code § 7102-52.0

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