Mo. Code Regs. tit. 10 § 20-6.070

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 10 CSR 20-6.070 - Groundwater Heat Pump Operating Permits

PURPOSE: This rule sets forth the requirements and process of application for operating permits and the terms and conditions for the permits.

(1) Permits-General Information.

(A) All persons who build, erect, alter, replace, operate, use, or maintain existing or proposed groundwater heat pump injection/withdrawal wells that inject more than six hundred thousand (600,000) British thermal units (BTUs) per hour (also termed as fifty (50) tons of capacity) shall apply to the department for the permits required by Missouri Clean Water Law and these regulations.

(B) The following are exempt from permit regulations:

1. Groundwater heat pump injection wells designed for up to eight (8) single family residents where the combined injection rate is less than six hundred thousand (600,000) BTUs per hour;

2. All other groundwater heat pump injection wells that have a combined injection rate of less than six hundred thousand (600,000) BTUs per hour unless there is a potable water well, not owned by the owner of the heat pump, within one thousand feet (1000') which uses the same aquifer, strata or depth as a source;

3. Any sampling well constructed in conjunction with any injection/withdrawal well; and

4. Heat pumps constructed in such a way so as to not utilize groundwater, such as lateral line systems.

(C) Nothing in these regulations shall pre vent the department from taking action where the department finds that any activity exempted under subsection (1)(B) causes pollution of waters of the state, places, or permits to be placed, a water contaminant in a place where it is reasonably certain to cause pollution of any waters of the state or the activity other wise violates the Missouri Clean Water Law or these regulations.

(D) Drillers of injection/withdrawal wells shall comply with 10 CSR 23-5.060 Construction Standards for Open Loop Heat Pump Systems That Use Groundwater and 10 CSR 23-3 Well Construction Code.

(E) Within ninety (90) days of notification by the department, owners or operators of injection wells exempted from the permit requirements of subsection (1)(B) are required to submit completed injection well inventory information on forms supplied by the department.

(2) Application.

(A) An application for an original operating permit or renewal of a former operating permit shall be made by letter for each injection/withdrawal well and shall include each of the following. The application may be supplemented with copies of information submitted for other federal or state permits.

1. Appropriate application fee as listed in 10 CSR 20-6.011;

2. Name and address of the company(s), organization(s), owner(s) or operator of the injection/withdrawal well;

3. Description of structure or process, or both, that will utilize the injection/withdrawal well;

4. Estimated depth of well, aquifer to be used (or anticipated aquifer), casing and related well construction data as recommended by the office of the state geologist;

5. Exact location of the proposed injection withdrawal well and any other wells that exist within two thousand feet (2000') shown on a seven and one-half (7 1/2) minute United States Geological Survey (USGS) topographic quadrangle map;

6. The depth of each well indicated on the map;

7. Maximum, minimum and average volume of water that will be injected or withdrawn on a daily basis;

8. Maximum, minimum and average temperature differential of injected/withdrawn water;

9. Computations showing how the temperature differentials were calculated;

10. General specifications of the installation including the heat exchange unit, pump and other structures;

11. If the injection/withdrawal well is located within one thousand feet (1000') of any potable water well, a registered professional geologist's or registered professional geologic engineer's recommendation and justification on the number and location of sampling wells if any are deemed necessary, and an estimate of the effect, in degrees Fahrenheit (F°), on all wells located within one thousand feet (1000'); and

12. A copy of the certified heat pump well drillers' report to the Department of Natural Resources' Missouri Geological Survey.

(B) All applications must be signed as follows:

1. For a corporation-by an officer of at least the level of plant manager;

2. For a partnership or sole proprietorship-by a general partner or the proprietor; or

3. For a municipal, state, federal or other public facility-by either a principal executive officer or ranking public official or his/her designee.

(C) All other reports required by the department shall be signed by a person designated in subsection (2)(B) of this rule or a duly authorized representative, where-

1. The representative so authorized is responsible for the overall operation of the facility from which the injection/withdrawal occurs; and

2. The authorization is made in writing by a person designated in subsection (2)(B) of this rule and is submitted to the director.

(D) Any changes in the written authorization which occur after the issuance of a permit shall be reported to the department by submitting a new written authorization which meets the requirements of subsection (2)(C) of this rule.

(E) If an application is incomplete or otherwise deficient, the applicant shall be notified of the deficiency and processing of the application may be discontinued until the applicant has corrected all deficiencies.

(F) Mail applications to Water Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102.

(3) Operating Permits.

(A) In order to obtain an operating permit for groundwater heat pump injection/withdrawal wells, applications for an operating permit shall be submitted to the department in accordance with the timeframes listed in section 644.051, RSMo and 10 CSR 20-6.010.

(B) Prior to issuance of an operating permit, the department shall fulfill the public notice requirements as outlined in 10 CSR 20-6.020.

(4) Terms and Conditions of Permit.

(A) The following shall be incorporated as terms and conditions of all permits:

1. All injection/withdrawals shall be consistent with the terms and conditions of the permit;

2. The permit may be modified or revoked after reasonable notice for causes including, but not limited to:

A. A violation of any term or condition of the permit;

B. A misrepresentation or failure to disclose fully all relevant facts in obtaining a permit;

C. A change in the operation, size or capacity of the permitted facility; or

D. An increase of more than ten degrees Fahrenheit (10°F) in any nearby potable water well that was in existence when the original operating permit was issued.

3. The injection/withdrawal permit may be issued for a period up to five (5) years, in accordance with section 644.051, RSMo and 10 CSR 20-6.010;

4. Permittees shall operate and maintain facilities to comply with the Missouri Clean Water Law, corresponding regulations and applicable permit conditions;

5. For the purpose of inspecting for compliance with the Clean Water Law and these regulations, authorized representatives of the department shall be allowed by the permittee, upon presentation of credentials and at reasonable times, to-

A. Enter upon permittee's premises in which a groundwater heat pump injection/withdrawal well is located or in which any records are kept under terms and conditions of the permit;

B. Have access to, or copy, any records kept under terms and conditions of the permit;

C. Inspect any sampling wells, monitoring equipment or method listed in the permit; and

D. Sample for permit compliance;

6. Facility expansions, production increases or process modifications which will result in a new or substantially different injection/withdrawal must be reported sixty (60) days before the facility or process modification begins. Notification may be accomplished by application for a new permit, or by submission of notice to the department;

7. Copies of well location, driller's logs, sample logs, casing schedule, volume of water, temperature, water quality and other information developed or determined for the completed installation shall be sent to the Missouri Department of Natural Resources (DNR), Water Pollution Control Program and Missouri Geological Survey;

8. Measure and record maximum, minimum and average water temperature monthly for each injection/withdrawal well and each monitoring well;

9. Measure and record maximum, minimum and average injection/withdrawal rates monthly;

10. Measure and record total dissolved solids monthly for each injection/withdrawal well and each monitoring well; and

11. A yearly report [shall be submitted] to the Department of Natural Resources' Water Protection Program and Missouri Geological Survey, which contains the following information:

A. Volume of water withdrawn and injected;

B. Temperature records for each monitoring well; and

C. Copies of water quality analyses performed.

(5) Prohibitions.

(A) No permit shall be issued:

1. Where the terms and conditions of the permit do not comply with applicable guidelines or requirements of the Missouri Clean Water Law and corresponding regulations or the Federal Clean Water Act and federal regulations;

2. Where the permit conditions do not ensure compliance with the applicable water quality requirements of any other affected states;

3. For the discharge of any pollutant, except thermal discharges; those pollutants contained in the withdrawal water may be reinjected;

4. For the discharge of any radiological, chemical or biological warfare agent or radioactive waste; and

5. For the construction or operation of a new injection/withdrawal well which could degrade the usefulness of water withdrawn from earlier permitted wells.

(6) Permits Transferable.

(A) Subject to section (3), an operating permit may be transferred upon submission to the department of an application to transfer signed by a new owner. Until, such time as the permit is officially transferred, the original permittee remains responsible for complying with the terms and conditions of the existing permit.

(B) The department, within thirty (30) days of receipt of the application, shall notify the new applicant of its intent to revoke and reissue or transfer the permit.

10 CSR 20-6.070

AUTHORITY: section 577.155, RSMo 1994.* Original rule filed Nov. 10, 1980, effective April 11, 1981. Amended: Filed March 9, 1984, effective 10/1/1984. Amended: Filed March 1, 1996, effective 11/30/1996.

Amended by Missouri Register January 2, 2019/Volume 44, Number 1, effective 2/28/2019

*Original authority: 577.155, RSMo 1971, amended 1976, 1980.