N.J. Admin. Code § 7:14A-8.10

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:14A-8.10 - Establishing UIC permit conditions

(a) In addition to the conditions established under 7:14A-6.3, each UIC permit is to include conditions meeting the following requirements, when applicable:

1. Construction requirements as set forth in 7:14A-8.13, 8.14 or 8.15. 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 when applying for the permit. Construction shall not commence until a permit has been issued containing construction requirements (see 7:14A-8.3 and 58:4A-4.1 ). New wells shall be in compliance with these requirements prior to commencing injection operations. Changes in construction plans during construction shall be approved by the Department as minor modifications pursuant to 7:14A-16.5(a). No such changes shall be physically incorporated into construction of the well prior to receipt of written approval of the modification from the Department;

2. Corrective or preventive action as set forth in 7:14A-8.11 and 8.12(b);

3. Operating requirements as set forth in N.J.A.C. 7:14A-8.13, 8.14 or 8.15. The permit shall establish any maximum injection volumes and/or pressures necessary to ensure 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 ensure compliance with the operating requirements in N.J.A.C. 7:14A-8.13, 8.14 or 8.15;

4. Monitoring and reporting requirements as set forth in N.J.A.C. 7:14A-8.13, 8.14 or 8.15. The permittee shall be required to identify types of tests and methods used to generate the monitoring data;

5. A permit for any Class I, II, III or V well, or any Class IV well allowed under 7:14A-8.7, shall include conditions to ensure that plugging and abandonment of the well will not allow the movement of fluids either into an underground source of drinking water or from one underground source of drinking water to another. Each applicant for a UIC permit shall submit a plan for plugging and abandonment, taking into account the requirements of 7:14A-8.17(a). The plan shall meet, at a minimum, the requirements of N.J.A.C. 7:9D, where applicable. Where the plan meets the requirements of this section, the Department shall incorporate the plan into the permit as a condition. Where the Department determines that the permittee's plan is inadequate, the Department shall require the applicant to revise the plan, prescribe conditions meeting the requirements of this section, or deny permit authorization. For purposes of this section, temporary intermittent cessation of injection operations is not abandonment. Cessation of injection operations for a period of two years or more constitutes abandonment. The improper maintenance of a well may constitute abandonment of that well in accordance with 58:4A-4.1;

6. For Class I hazardous waste injection wells, the Department shall require the permittee to maintain financial responsibility and resources, in the form of a performance bond or other equivalent form of financial assurance in accordance with 40 C.F.R. Subpart F, 144.60 through 144.70, to guarantee the closing, plugging, and abandonment of the underground injection operation in a manner prescribed by the Department. In lieu of an individual performance bond, a permittee may furnish a bond or other equivalent form of financial guarantee approved by the Department covering all of the permittee's injection wells in the State;

7. A permit for any Class I, II or III well, or for any Class IV well allowed under 7:14A-8.7, or injection project which lacks mechanical integrity shall include, and for any Class V well, will include a condition prohibiting injection operations until the permittee shows to the satisfaction of the Department pursuant to 7:14A-8.12(c) that the well has mechanical integrity; and

8. The Department shall 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.

N.J. Admin. Code § 7:14A-8.10