Section 33.1-25-01-16 - Authorization of class V underground injection wells1. Authorization of injection into a class V well is authorized indefinitely, subject to the requirements of subsections 4, 5, and 6 of section 33.1-25-01-10 and subsection 3 of section 33.1-25-01-12, and title 40 CFR part 144, sections 144.84(b)(1) through (4).2. The owner or operator of any existing class V well shall, within one year of the effective date of an underground injection control program, notify the director of the existence of any well meeting the definitions of class V under the owner's or operator's control, and submit the following inventory information: a. Name of facility and location;b. Name and address of legal contact;c. Name and address of well owner or operator;d. Number of wells and location by township, range, and section;e. Nature and volume of injected fluids;f. Construction features of the well, including well depth, screened interval, and casing size and type;g. Operating status of the injection well; andh. Any other information which the director requests.3. All owners or operators of new class V wells shall be in compliance with 43-35 and submit to the director a log of formations penetrated and the inventory information requested in subsection 2.4.a. The director may require the operator of a class V well authorized by rule to apply for and obtain an individual or area permit. Cases where permits may be required include: (1) The injection well is not in compliance with the applicable rule.(2) The injection well is not or no longer is within the category of wells and types of well operations authorized by rule.(3) Protection of an underground source of drinking water requires the injection operation be regulated by requirements not contained in the rules.b. Any owner or operator authorized by rule may request and be granted a permit and hence be excluded from coverage by rule.c. All injection wells regulated by rule shall submit inventory information to the director.d. Upon program approval, the director shall notify owners or operators of injection wells of their duty to submit inventory information.e. Failure to submit required inventory information for a class V well within one year of program approval will result in authorization removal for that well.5. All owners or operators of class V wells shall be in compliance with title 40 CFR part 144, subpart G. a. New large capacity cesspools that receive waste from multiple dwellings or have the capacity to receive waste from twenty or more persons per day are prohibited after April 5, 2000. Existing large capacity cesspools must be closed by April 5, 2005.b. New motor vehicle waste disposal wells that receive waste fluids from vehicular repair or maintenance activities, such as auto body repair shops, automotive repair shops, new or used motor vehicle dealerships, specialty repair shops (e.g., transmission or muffler repair shops), or any vehicular repair works are prohibited after April 5, 2000.c. Existing motor vehicle waste disposal wells in ground water protection areas designated by the director must be closed or permitted within one year of completion of the ground water protection area designation or one year after June 1, 2001, whichever is later. Existing motor vehicle waste disposal wells in sensitive ground water areas designated by the director must be closed or permitted by January 1, 2007.d.(1) Ground water protection areas are geographic areas near or surrounding community and nontransient noncommunity water systems that use ground water as a source of drinking water. They are equivalent to wellhead protection areas delineated by the director through the wellhead protection program, which is defined in section 1428 of the Safe Drinking Water Act. (2) Sensitive ground water areas are vulnerable hydrogeologic settings such as glacial outwash deposits or alluvial or aeolian sand deposits that are critical to protecting current or future underground sources of drinking water. Areas designated as sensitive ground water areas by the director are alluvial or aeolian sand deposits shown on Geologic Map of North Dakota (Clayton, 1980, North Dakota geological survey) and glacial drift aquifers listed in North Dakota Geographic Targeting System for Groundwater Monitoring (Radig, 1997, North Dakota department of health), or most recent editions of these publications, with DRASTIC scores greater than or equal to 100 based on methodology described in DRASTIC: A Standardized System For Evaluating Groundwater Pollution Potential (Aller et al., 1987, United States environmental protection agency).e. Location outside of a designated ground water protection area or sensitive ground water area does not relieve an owner or operator of a class V well from meeting all other requirements of this article and title 40 CFR part 144, subpart G.f. In limited cases, the underground injection control director may authorize the conversion (reclassification) of a motor vehicle waste disposal well to another type of class V well. Motor vehicle wells may only be converted if all motor vehicle fluids are segregated by physical barriers and are not allowed to enter the well; and, injection of motor vehicle waste is unlikely based on a facility's compliance history and records showing proper waste disposal. The use of a semipermanent plug as the means to segregate waste is not sufficient to convert a motor vehicle waste disposal well to another type of class V well.N.D. Admin Code 33.1-25-01-16
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 61-28-04, 61-28.1-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28-04, 61-28.1-03; S.L. 2017, ch. 199, § 69