Idaho Admin. Code r. 37.03.03.070

Current through September 2, 2024

Section 37.03.03.070 - CLASS V: CRITERIA AND STANDARDS

01.Class V Shallow Injection Well Requirements.

a. Authorization. As a condition of authorization, all owners or operators of shallow Class V injection wells, including improved sinkholes used for aquifer recharge, that dispose of nonhazardous and nonradioactive wastes are required to submit a Shallow Injection Well Inventory Form to the Department no later than thirty (30) days prior to commencement of construction for each new well or no later than thirty (30) days after the discovery of an existing injection well that has not previously been inventoried with the Department. Forms are available from any Department office or at the Department website at http://www.idwr.idaho.gov. State or local government entities shall submit the following inventory information for wells associated with highway and street construction and maintenance projects.

i. Facility name and location; and

ii. County in which the injection well(s) is (are) located; and

iii. Ownership of the well(s); and

iv. Name, address and phone number of legal contact; and

v. Type or function of the well(s); and

vi. Number of wells of each type; and

vii. Operational status of the well(s).

b. Inventory Fees. For shallow injection wells constructed after July 1, 1997, the Shallow Injection Well Inventory Form shall be accompanied by a fee as specified in Section 42-3905, Idaho Code, payable to the Department of Water Resources. State or local government entities are exempt from Shallow Injection Well Inventory Form filing fees for wells associated with highway and street construction and maintenance, but shall comply with all other requirements of these rules.

c. Permit Requirements. If operation of a shallow Class V injection well is causing or may cause unreasonable contamination of a USDW, or cause a violation of the ground water quality standards at a place of beneficial use, the Director shall require immediate cessation of the injection activity. Where a Class V injection well is owned or operated by an entity other than a state or local entity involved in highway and street construction and maintenance, the Director may authorize continued operation of the well through a permit that specifies the terms and conditions of acceptable operation.

d. Permanent Decommission. Owners or operators of shallow injection wells shall notify the Director not less than thirty (30) days prior to permanent decommissioning of any shallow injection well. Permanent decommissioning shall be accomplished in accordance with procedures approved by the Director.

e. Inter-Agency Cooperation. The Department may seek the assistance of other government agencies, including cities and counties, health districts, highway districts, and other departments of state government to inventory, monitor and inspect shallow injection wells, where local assistance is needed to prevent deterioration of ground water quality, and where injection well operation overlaps with water quality concerns of other agencies or local governing entities. Assistance is to be negotiated through a memorandum of understanding between the Department and the local entity, agency, or department, and is subject to the approval of the Director.

02.Class V Deep Injection Well Requirements.

a. Application Requirements.

i. No person shall continue to maintain or use an unauthorized injection well after the effective date given in Section 42-3903, Idaho Code, unless a permit therefor has been issued by the Director. No injection well requiring a permit under Subsection 070.02 shall be constructed, modified or maintained after the effective date given in Section 42-3903, Idaho Code, unless a permit therefor has been issued by the Director. No injection well requiring a permit shall continue to be used after the expiration of the permit issued for such well unless another application for permit therefor has been received by the Director. All applications for permit shall be on forms furnished by the Director.

ii. Each application for permit to construct, modify or maintain an injection well, as required by these rules, shall be accompanied by a filing fee as specified in Section 42-3905, Idaho Code, payable to the Department of Water Resources. For the purposes of these rules, all wells or groups of wells associated with a "Remediation Project" may be administered as one (1) "well" at the discretion of the Director.

b. Application Information Required. An applicant shall submit the following information to the Director for all injection wells to be authorized by permit, unless the Director determines that it is not needed in whole or in part, and issues a written waiver to the applicant:

i. Facility name and location;

ii. Name, address and phone number of the well operator;

iii. Class, subclass and function of the injection well (see Section 035);

iv. Latitude/longitude or legal description of the well location to the nearest ten (10) acre tract;

v. Ownership of the well;

vi. County in which the injection well is located;

vii. Construction information for the well;

viii. Quantity and general character of the injected fluids;

ix. Status of the well;

x. A topographic map or aerial photograph extending one (1) mile beyond property boundaries, depicting:

(1) Location of the injection well and associated facilities described in the application;

(2) Locations of other injection wells;

(3) Approximate drainage area, if applicable;

(4) Hazardous waste facilities, if applicable;

(5) All wells used to withdraw drinking water;

(6) All other wells, springs and surface waters.

xi. Distance and direction to nearest domestic well;

xii. Depth to ground water; and

xiii. Alternative methods of waste disposal.

c. Additional Information. The Director may require the following additional information for Class V injection wells to assess potential effects of injection:

i. A topographic map showing locations of the following within a two (2) mile radius of the injection well:

(1) All wells producing water;

(2) All exploratory and test wells;

(3) All other injection wells;

(4) Surface waters (including man-made impoundments, canals and ditches);

(5) Mines and quarries;

(6) Residences;

(7) Roads;

(8) Bedrock outcrops; and

(9) Faults and fractures.

ii. Additional maps or aerial photographs of suitable scale to accurately depict the following:

(1) Location and surface elevation of the injection well described in this permit;

(2) Location and identification of all facilities within the property boundaries;

(3) Locations of all wells penetrating the proposed injection zone or within a one-quarter (1/4) mile radius of the injection well;

(4) Maps and cross sections depicting all underground sources of drinking water to include vertical and lateral limits within a one-quarter (1/4) mile radius of the injection well, their position relative to the injection zone and the direction of water movement: local geologic structures; regional geologic setting.

iii. A comprehensive report of the following information:

(1) A tabulation of all wells penetrating the proposed injection zone, listing owner, lease holder and operator; well identification (permit) number; size, weight, depth and cementing data for all strings of casing;

(2) Description of the quality and quantity of fluids to be injected;

(3) Geologic, hydrogeologic, and physical characteristics of the injection zone and confining beds;

(4) Engineering data for the proposed injection well;

(5) Proposed operating pressure;

(6) A detailed evaluation of alternative disposal practices;

(7) A plan of corrective action for wells penetrating the zone of injection, but not properly sealed or decommissioned; and

(8) Contingency plans to cope with all shut-ins or well failures to prevent the migration of unacceptable fluids into underground sources of drinking waters.

iv. Name, address and phone number of person(s) or firm(s) supplying the technical information and/or designing the injection well;

v. Proof that the applicant is financially responsible, through a performance bond or other appropriate means, to decommission the injection well in a manner approved by the Director.

d. Other Information. The Director may require of any applicant such additional information as may be necessary to demonstrate that the proposed or existing injection well will not endanger a USDW. The Director will not complete the processing of an application for which additional information has been requested until such time as the additional information is supplied. The Director may return any incomplete application and will not process such application until such time as the application is received in complete form.

03.Application Processing.

a. Draft Permit. After all application information is received and evaluated, the Director will prepare a draft permit or denial, which will include the application for permit, permit conditions or reasons for denial, and any compliance schedules or monitoring requirements. In preparing the draft permit or denial, the Director shall consider the following factors:

i. The availability of economic and practical alternative means of disposal;

ii. The application of best management practices to the facilities and/or area draining into the well;

iii. The availability of economical, practical means of treating or otherwise reducing the amount of contaminants in the injected fluids;

iv. The quality of the receiving ground water, its category, its present and future beneficial uses or interconnected surface water;

v. The location of the injection well with respect to drinking water supply wells; and

vi. Compliance with the IDAPA 58.01.11, "Ground Water Quality Rule."

b. Public Notice. The Director will provide public notice of any draft permit to construct, maintain or modify a Class V injection well by means of a legal notice in a newspaper of general circulation in the county in which the well is located. The Director may give additional notice as necessary to adequately inform the interested public and governmental agencies. There shall be a period of at least thirty (30) days following publication for any interested person to submit written comments and to request a fact-finding hearing. The hearing will be held by the Director if deemed necessary.

c. Review by the Directors of Other State Agencies. The Directors of other state agencies, as determined by the Director, shall be provided the opportunity to review and comment on draft permits. Comments shall be submitted to the Director within thirty (30) days of the public or legal notice.

d. Open-Loop Heat Pump Return Wells (Subclass 5A7).

i. An open-loop heat pump return well greater than eighteen (18) feet in depth to be used solely for disposal of heat pump water at a rate not exceeding fifty (50) gpm does not require a draft permit and is not subject to a recurring permit cycle, however, registration of the well with the Department and submittal of a filing fee as specified in Section 42-3905, Idaho Code is required. The Director reserves the right to override the exemptions from the draft permit and permit cycle requirements.

ii. An open-loop heat pump return well greater than eighteen (18) feet in depth to be used solely for disposal of heat pump return water at a rate exceeding fifty (50) gpm is subject to the requirements of Subsections 070.02 and 070.03 of these rules.

e. Fact-Finding Hearings. At the Director's discretion, or upon motion of any interested individual, the Director may elect to hold a fact-finding hearing. Said hearing will be held at a location in the geographical area of the injection well. Notice of said hearing will be provided at least thirty (30) days in advance of the hearing by regular mail to the applicant and to the person or persons requesting the hearing. Public notice of the fact-finding hearing will be made by means of press release to a newspaper of general circulation in the county of the application.

04.The Director's Action On Draft Permits and Duration Of Approved Permits. The role of the Director is to determine whether or not the injection wells and their respective owners or operators are in compliance with the intent of these rules, thus protecting the ground waters of the state against unreasonable contamination or deterioration of quality and preserving them for diversion to beneficial uses.

a. Consideration. The Director will consider the following factors in taking final action on draft permits:

i. The likelihood and consequences of the injection well system failing;

ii. The long term effects of such disposal or storage;

iii. The recommendations and related justifications of the Directors of other state agencies and the public;

iv. The potential for violation of ground water quality standards at the point of injection or the point of beneficial use; and

v. Compliance with the Idaho Ground Water Quality Plan.

b. Issuance of Permit. After considering the draft permit for construction, modification, or maintenance, and all matters relating thereto, the Director shall issue a permit if the standards and criteria of Subsection 070.05 will be met and USDW's will not otherwise be unreasonably affected. If the Director finds that the standards and criteria cannot be met or that ground water sources cannot otherwise be protected from unreasonable contamination at all times, the draft permit may be denied or a permit may be issued with conditions designed to protect ground water sources. The Director's decision shall be in writing and a copy shall be mailed by regular mail to the applicant and to all persons who commented in writing on the draft permit or appeared at a hearing held to consider the draft permit.

c. Permit Conditions and Requirements. Any permit issued by the Director shall contain conditions to insure that ground water sources will be protected from waste, unreasonable contamination, or deterioration of ground water quality that could result in violations of the ground water quality standards. In addition to specific construction, operation, maintenance and monitoring requirements that the Director finds necessary, each permit shall be subject to the standard conditions and requirements of this rule.

d. Construction Requirements.

i. Well drillers or other persons involved with the construction of any injection well requiring a permit shall not commence construction on the facility until a certified copy of the approved permit is obtained from the Director.

ii. Deep injection wells shall be constructed by a licensed water well driller to conform with the current Minimum Well Construction Standards and the conditions of the permit, except that a driller's license is not required for the construction of a driven mine shaft or a dug hole.

iii. Shallow injection wells authorized by permit shall be constructed in accordance with the conditions of the permit. Rule-authorized shallow injection wells shall be constructed as shown or described in the inventory submittal.

iv. Injection wells shall be constructed to prevent the entrance of any fluids other than specified in the permit.

v. Injection wells shall be constructed to prevent waste of artesian fluids or movement of fluids from one aquifer into another.

vi. When construction or modification of an injection well has been completed, the owner or operator shall inform the Director of completion on a form provided by the Department.

vii. A sampling port shall be provided if the injection well system is enclosed.

viii. All new injection wells constructed into alluvial formations shall have a minimum ten (10) foot separation from the bottom of the well and seasonal high ground water.

(1) Injection wells installed into fractured basalt are exempt from separation distances.

(2) The Director may reduce separation distance requirements if the quality of injected fluids are improved through additional treatment or BMPs.

(3) Heat pump return wells (sub-class 5A7) are exempt from the separation distance requirement of this section.

e. Operational Conditions.

i. The injection well shall not be used until the construction, operation and maintenance requirements of the permit are met and provisions are made for any required inspection, monitoring and record keeping.

ii. Injection of any contaminant at concentrations exceeding the standards set in Paragraph 070.05.c. into a present or future drinking or other ground water source that may cause a health hazard or adversely affect a designated and protected use is prohibited.

iii. The injection well owner or operator shall develop approved procedures to detect constructional or operational failure in a timely fashion, and shall have contingency plans to cope with the well failure.

iv. Authorized representatives of the Department shall be allowed to enter, inspect and/or sample:

(1) The injection well and related facilities;

(2) The owner or operator's records of the injection operation;

(3) Monitoring instrumentation associated with the injection operation; and

(4) The injected fluids.

v. The injection facilities shall be operated and maintained to achieve compliance with all terms and conditions of this permit.

(1) Proper operation and maintenance includes effective performance, adequate funding, operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures;

(2) If compliance cannot be met, the owner shall take corrective action as determined by the Director or terminate injection.

vi. The owner shall mitigate any adverse effects resulting from non-compliance with the terms and conditions of the permit.

vii. If the injection well was constructed prior to issuance of the permit, the well shall be brought into compliance with the terms and conditions of the permit in accordance with the schedule of compliance issued by the Director.

viii. The permit shall not convey any property rights.

f. Conditions of Permanent Decommissioning.

i. Notice of intent to permanently decommission a well shall be submitted to the Director not less than thirty (30) days prior to commencement of the decommissioning activity.

ii. The method of permanent decommissioning for all injection wells shall be approved by the Director prior to commencement of the decommissioning activity.

iii. Notice of completion of permanent decommission shall be submitted to the Director within thirty (30) days of completion.

iv. All deep injection wells that are to be permanently decommissioned shall be plugged in accordance with current Well Construction Standards.

v. Following permanent cessation of use, or where an injection well is not completed, the Director shall be notified. Decommissioning procedures or other action, as prescribed by the Director, shall be conducted.

vi. The injection well owner or operator has the responsibility to insure that the injection operation is decommissioned as prescribed.

g. Duration of Approved Permits. The length of time that a permit may be in effect for Class V wells requiring permits shall not exceed ten (10) years.

05.Standards For The Quality of Injected Fluids and Criteria For Location and Use.

a. General. These standards, which are minimum standards that are to be adhered to for all deep injection wells and shallow injection wells requiring permits and rule-authorized wells not requiring permits, are based on the premise that if the injected fluids meet ground water quality standards for physical, chemical and radiological contaminants, and if ground water produced from adjacent points of diversion for beneficial use meets the water quality standards as defined in Section 010 of these rules, then that aquifer will be protected from unreasonable contamination and will be preserved for diversion to beneficial uses. The Director may, however, when it is deemed necessary, require specific injection wells to be constructed and operated in compliance with additional requirements, such as best management practices (BMPs), so as to protect the ground water resource from deterioration and preserve it for diversion to beneficial use.

b. Waivers. A waiver of one (1) or more standards may be granted by the Director if it can be demonstrated by the applicant that the contaminants in injected fluid will not endanger a ground water source for any present or future beneficial use.

c. Standards for Quality of Fluids Injected into Class V Wells.

i. Ground water quality standards for chemical and radiological contaminants in injected fluids. After the effective date of these standards, the following limits shall not be exceeded in injected fluids from a well when such fluids will or are likely to reach a USDW:

(1) Chemical contaminants. The concentration of each chemical contaminant in the injected fluids shall not exceed the ground water quality standard for that chemical contaminant, or the concentration of each contaminant in the receiving water, whichever requirement is less stringent; and

(2) Radiological contaminants. Radiological levels of the injected fluids shall not exceed those levels specified by the ground water quality standards.

ii. Restrictions on injection of fluids containing biological contaminants. The following restrictions apply to biological contaminants included in the ground water quality standard in injected fluids. Coliform bacteria: injected fluids containing coliform bacteria are subject to the following restrictions:

(1) Contamination of ground water produced at any existing point of diversion for beneficial use, or any point of diversion for beneficial use developed in the future, by injected fluids is prohibited;

(2) The Director may require the use of best management practices (BMPs) to reduce the concentration of coliform bacteria in the injected fluids;

(3) The Director may require the use of water treatment technology, including ozonation and chlorination devices, sand filters, and settling pond specifications to reduce the concentration of coliform bacteria in injected fluids;

(4) Ground water produced from points of diversion for beneficial use adjacent to injection wells that dispose of fluids containing coliform bacteria in concentrations greater than the current ground water quality standard shall be subject to monitoring for bacteria by the owner/operator of the injection well. A waiver of the monitoring requirement may be granted by the Director when it can be demonstrated that injection will not result in unreasonable contamination of ground water produced from these adjacent points;

(5) Construction of new Subclass 5F1 injection wells, and other shallow and deep injection wells, as specified by the Director, that are likely to exceed the current ground water quality standard for coliform bacteria at the point of beneficial use is prohibited; and

(6) At no time shall any fluid containing or suspected of containing fecal contaminants of human origin be injected into any Class V injection well authorized under these rules.

iii. Physical, visual and olfactory characteristics. The following restrictions apply to physical, visual and olfactory characteristics of injected fluids. Temperature, color, odor, turbidity, conductivity and pH: the temperature, color, odor, conductivity, turbidity, pH or other characteristics of the injected fluid may not result in the receiving ground water becoming less suitable for diversion to beneficial uses, as determined by the Director.

iv. Contamination by an injection well of ground water produced at an existing point of diversion for beneficial use, or a point of diversion for beneficial use developed in the future, shall not exceed water quality standards defined in Section 010 of these rules.

d. Criteria for Location and Use of Class V Wells Requiring Permits.

i. A Class V well requiring a permit may be required to be located a minimum distance, as determined from Table 1, from any point of diversion for beneficial use that could be harmed by bacterial contaminants. This requirement is not applicable to injection wells injecting wastes of quality equal to or better than adopted ground water quality standards in all respects. In addition, Class V wells may be required to be located at such a distance from a point of diversion for beneficial use as to minimize or prevent ground water contamination resulting from unauthorized or accidental injection, as determined by the Director.

ii. These location requirements in Table 1 may be waived, as per Paragraph 070.05.b., when the applicant can demonstrate that any springs or wells within the calculated perimeter of the generated perched water zone will not be contaminated by the applicant's waste disposal or injection well. Monitoring by the applicant of the production wells or springs in question may be required to demonstrate that they are not being contaminated.

Determined Radii of Perched Water Zones Based on Maximum Average Weekly Injection Rates (cfs) of Class V Injection Wells *
Injection (cfs)	Radius of Generated Perched Water Zone (ft)
0 - 0.20	800
0.20 - 0.60	1,400
0.61 - 1.00	1,800
1.01 - 2.00	2,500
2.01 - 3.00	3,000
3.01 - 4.00	3,500
4.01 - 5.00	4,000
Greater than 5.00	As determined by the Director

* Injection rates shall be based on the average volume of wastes injected by the well during the week of greatest injection in an average water year.

e. Standards for the Quality of Fluids Injected by Subclass 5A7 Wells (Open-Loop Heat Pump Return).

i. The quality of fluids injected by a Subclass 5A7 injection well shall comply with ground water quality standards or shall be equal to the quality of the ground water source to the heat pump, whichever is less stringent.

ii. If the quality of the ground water source does not meet ground water quality standards, the injected fluids must be returned to the formation containing the ground water source.

iii. The temperature of the injected fluids shall not impair the designated beneficial uses of the receiving ground water.

iv. All Rule-authorized Injection Wells shall conform to the ground water quality standards at the point of injection and not cause any water quality standards to be violated at any point of beneficial use.

06.Monitoring, Record Keeping and Reporting Requirements. The Director may require monitoring, record keeping and reporting by any owner or operator if the Director finds that the well may adversely affect a ground water source or is injecting a contaminant that could have an unacceptable effect upon the quality of the ground waters of the state.

a. Monitoring.

i. Any injection authorized by the Director shall be subject to monitoring and record keeping requirements as conditions of the permit. Such conditions may require the installation, use and maintenance of monitoring equipment or methods. The Director may require where appropriate, but is not limited to, the following:

(1) Monitoring of injection pressures and pressures in the annular space between casings;

(2) Flow rate and volumes;

(3) Analysis of quality of the injected fluids for contaminants that are subject to limitation or reduction under the conditions of the permit; or contaminants which the Director determines could have an unacceptable effect on the quality of the ground waters of the state, and which the Director has reason to believe are in the injected fluids;

(4) Monitoring of ground water through special monitoring wells or existing points of diversion for beneficial use in the zone of influence as determined by the Director;

(5) A demonstration of the integrity of the casing, tubing or seal of the injection well.

ii. The frequency of required monitoring shall be specified in the permit when issued, except that the Director at any time may, in writing, require additional monitoring and reporting.

iii. All monitoring tests and analysis required by permit conditions shall be performed in a state certified laboratory or other laboratory approved by the Director.

iv. Any field instrumentation used to gather data, when specified as a condition of the permit, shall be required by the Director to be tested and maintained in such a manner as to ensure the accuracy of the data.

v. All samples and measurements taken for the purpose of monitoring shall be representative of the monitoring activity and fluids injected.

b. Record Keeping. The permittee shall maintain records of all monitoring activities to include:

i. Date, time and exact place of sampling;

ii. Person or firm performing analysis;

iii. Date of analysis, analytical methods used and results of analysis;

iv. Calibration and maintenance of all monitoring instruments; and

v. All original tapes, strip charts or other data from continuous or automated monitoring instruments.

c. Reporting.

i. Monitoring results obtained by the permittee pursuant to the monitoring requirements prescribed by the Director shall be reported to the Director as required by permit conditions.

ii. The Director shall be notified in writing by the permittee within five (5) days after the discovery of violation of the terms and conditions of the permit. If the injection activity endangers human health or a public or domestic water supply, use of the injection well shall be immediately discontinued and the owner or operator shall immediately notify the Director. Notification shall contain the following information:

(1) A description of the violation and its cause;

(2) The duration of the violation, including dates and times; if not corrected or use of the well discontinued, the anticipated time of correction; and

(3) Steps being taken to reduce, eliminate and prevent recurrence of the injection.

iii. Where the owner or operator becomes aware of failure to submit any relevant facts in any permit application or report to the Director, that person shall promptly submit such facts or information.

iv. The permittee shall furnish the Director, within a time specified by the Director, any information which the Director may request to determine compliance with the permit.

v. All applications for permits, notices and reports submitted to the Director shall be signed and certified.

vi. The Director shall be notified in writing of planned physical alterations or additions to any facility related to the permitted injection well operation.

vii. Additional information to be reported to the Director in writing:

(1) Transfer of ownership;

(2) Any change in operational status not previously reported;

(3) Any anticipated noncompliance; and

(4) Reports of progress toward meeting the requirements of any compliance schedule attached or assigned to this permit.

07.Permit Assignable. Permits may be assignable to a new owner or operator of an injection well if the new owner or operator, within thirty (30) days of the change, notifies the Director of such change. The new owner or operator shall be responsible for complying with the terms and conditions of the permit from the time that such change takes place.

Idaho Admin. Code r. 37.03.03.070

Effective March 18, 2022