N.J. Admin. Code § 7:14A-8.11

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

Section 7:14A-8.11 - Corrective or preventive action

(a) Applicants for Class I, II or III injection well permits, or for any Class IV well allowed under 7:14A-8.7, shall identify the location of all known wells within the injection well's area of review as specified in 7:14A-8.12 which penetrate the injection zone. For wells which are improperly sealed, completed, or abandoned, the applicant shall submit a plan consisting of such steps or modifications as are necessary to prevent movement of fluid into underground sources of drinking water ("corrective or preventive action"). Where the plan is adequate, the Department shall incorporate it into the permit as a condition. Where the Department determines that the permittee's plan is inadequate pursuant to 7:14A-8.12(b), the Department shall:

1. Require the applicant to revise the plan;

2. Prescribe a plan for corrective or preventive action as a condition of the permit; or

3. Deny the application.

(b) Requirements for corrective or preventive action are as follows:

1. For an existing injection well, the permit requiring corrective action shall include a compliance schedule for implementing any corrective action required pursuant to (a) above to be completed as soon as possible.

2. For a new injection well, the permit shall prohibit injection until all required corrective or preventive action has been taken pursuant to (a) above.

3. Where the Department determines that a more stringent corrective or preventive alternative is not feasible, the Department shall require as a permit condition that injection pressure in the injection zone does not exceed hydrostatic pressure at the site of any improperly sealed, completed, or abandoned well within the area of review, or alternatively, the Department shall require an injection pressure limitation be included as part of the compliance schedule until all other required corrective or preventive action has been taken. The Department shall only approve an injection pressure limitation in satisfaction of the corrective action requirement if the injection pressure limitation will not endanger groundwater resources. The Department reserves the right to deny permit authorization where it determines that the corrective or preventive plan is inadequate.

4. For Class III wells only, the Department shall consider the overall effect of the project on the hydraulic gradient in potentially affected USDWs and the corresponding changes in potentiometric surface(s) and flow direction(s) rather than the discrete effect of each well. If the Department determines that corrective action is not necessary, the monitoring program required pursuant to 7:14A-8.15(c)2 shall be designed to verify the validity of such determination.

N.J. Admin. Code § 7:14A-8.11

Amended by R.2004 d.47, effective 2/2/2004.
See: 35 New Jersey Register 169(a), 35 New Jersey Register 1331(a), 36 New Jersey Register 813(a).
In (b)3, substituted "permit authorization" for "the application".