Section 0400-45-06-.14 - CLASS V WELLSThis rule sets forth Criteria and Standards to regulate all injection systems not regulated as Class I through IV.
(1) The following are prohibited: (a) The use of any well to dispose of water carrying human waste, household or business waste, raw sewage or the effluent from any septic tank or other sewer system of any kind, unless such well is a subsurface fluid distribution system (SFDS) which is part of a Subsurface Sewage Disposal System (SSDS) permitted under the provisions of T.C.A. §§ 68-221-401 et seq. or a drip disposal system permitted pursuant to T.C.A. §§ 69-3-108 et seq.(b) The use of any Class V injection well in such a manner as to cause any USDW to contain any substances, that are toxic, carcinogenic, mutagenic, or teratogenic, other than those of natural origin, at levels and conditions which violate primary drinking water standards as given in Chapter 0400-45-01 or adversely affect the health of persons.(c) Large capacity cesspools; and(d) Cesspools, other than large capacity cesspools, not authorized under T.C.A. 68-221-401 et seq.(e) Motor Vehicle Waste Disposal Wells (MVWDWs) are prohibited and must be properly closed and abandoned.(2) Construction and operation of a Class V well is authorized by virtue of this rule provided: (a) the use of any Class V injection well does not present a hazard to any existing or future use of a USDW,(b) The owner or operator shall within six (6) months after the promulgation of this rule supply a list of all wells owned or operated along with the following information for each well to include the following:1. facility name and location, including a plot plan showing location of well(s);2. name and address of legal contact;3. ownership of facility;4. nature and type of injection wells, including installed dimensions of wells and construction materials;5. operating status of injection wells, including history of injection;6. volume of injected fluid; .7. nature of injected fluid to include physical, chemical, biological or radiological characteristics; and8. description of injection well, including monitoring well(s); and9. other information as required by the Commissioner.(c) The plans for the construction of any new, or modification of any existing Class V injection well which have been approved by the Commissioner.(d) Injectate fluid from commercial or industrial processes shall not be co-mingled with any sanitary waste or septic system effluent in any subsurface fluid distribution system, unless it can be demonstrated to the Commissioner's satisfaction that a beneficial reaction will occur between the waste streams which will enhance the degradation of either or both waste streams.(e) The injection well will not adversely impact a wellhead protection area designated by Rule 1200-05-01-.34 promulgated under T.C.A. §§ 68-13-701 et seq., the Tennessee Safe Drinking Water Act. Motor vehicle waste disposal wells are prohibited in wellhead protection areas. All other motor vehicle waste disposal wells must meet the effluent standards set forth in paragraph (1) of Rule 0400-45-06-.05 at the point of injection.(f) Prohibition of injection An owner or operator of a well which is authorized by rule pursuant to this paragraph is prohibited from injecting into the well:
1. Upon the effective date of an applicable permit denial;2. Upon failure to submit a permit application in a timely manner;3. Upon failure to submit inventory information in a timely manner; or4. Upon failure to comply with a request for information in a timely manner.(3) The owner of a Class V well shall be responsible for notifying the Commissioner of change in ownership.(4) No authorization by permit or rule shall be allowed where a Class V well causes or allows a violation of the provisions of paragraph (1) of this rule or pollution of any ground or surface water.(5) If at any time the Commissioner learns that an existing Class V system may cause a violation of these regulations, the Commissioner shall:(a) require the injector to apply for an individual permit;(b) order the injector to take such actions including, where required, closure of the injection well as may be necessary to prevent the violation; or(c) take enforcement action.(6) Notwithstanding any other provision of this rule, the Commissioner may take emergency action upon receipt of information that a contaminant from a Class V injection system is likely to enter a public water system and present an imminent and substantial endangerment to the health of persons.(7) Construction Standards for Class V Wells (a) The variety of Class V well and their uses dictate a variety of construction designs consistent with those uses, and precludes specific construction standards. However, a well must be designed and constructed for its intended use, in accordance with good engineering practices, and the design and construction must be approved by the Commissioner.(b) Class V wells shall be constructed so that their intended use does not violate the water quality standards.(8) Operating Requirements for Class V Wells(a) All Class V injection wells shall be operated in such a manner that they do not violate the provisions of paragraph (1) of this rule.(b) Use of a pretreatment system may be necessary to insure that the water discharged meets the applicable water quality standards.(c) Initial and/or periodic testing may be required for Class V injection wells.(d) Upon completion of the well, the owner or operator must certify to the Commissioner that the well has been completed in accordance with the approved construction plan, and must submit any other additional information required.(e) After the effective date of this rule, the operator, if not the property owner, for all Class V injection wells shall have access to the "point of injection" for the Class V wells. This is to be maintained by easement or deed restrictions on all injection points.(9) Monitoring Requirements for Class V Injection Systems(a) The Commissioner may require monitoring of Class V injection wells; the nature of which will be determined by the type of well, nature of the injected fluid, and water quality of the receiving aquifer.(b) The Commissioner shall determine the extent and frequency of monitoring based on the type of injection well and the nature of the injected fluid.(10) Reporting Requirements for Class V Wells will be determined by the type of injection well and nature of injected fluid.(a) All municipalities and other governmental entities with storm water injection wells under their control either by ownership or easement shall submit an annual report describing the location and status of each injection well and any other information the Commissioner determines to be necessary. Such reports shall include a locational map.(11) Plugging and Abandonment Standard (a) The Commissioner will order that a Class V injection well be plugged and abandoned when the use of the system is determined to be a hazard to the ground water resource.(b) Prior to abandoning a Class V injection well, the well shall be plugged with cement in a manner which will not allow movement of fluids between USDWs. The proposed plugging method and type of cement shall be approved by the Commissioner. Placement of the cement plug shall be accomplished by any recognized method which is acceptable to the Commissioner.(c) The owner or operator shall notify the Commissioner of his intention to abandon the system when a Class V injection well is no longer used or is usable for its intended purpose.(d) The owner of any Class V injection well shall apply for a Plugging and Abandonment Permit when the well is no longer used or usable for its intended purpose or any other purpose approved by the Commissioner. The application shall include justification for abandonment, the approved plugging and abandonment plan and any proposed modification to the original plugging plan as approved by the Commissioner.(e) Closure does not mean that the owner or operator will need to cease operations at the facility, only that the owner or operator will need to close the well. A number of alternatives are available for the disposal of waste fluids. Examples of alternatives that may be available to motor vehicle stations include: recycling and reusing wastewater as much as possible; collecting and recycling petroleum-based fluids, coolants, and battery acids drained from vehicles; washing parts in a self-contained, recirculating solvent sink, with spent solvents being recovered and replaced by the supplier; using absorbents to clean up minor leaks and spills, and placing the used materials in approved waste containers and disposing of them properly; using a wet vacuum or mop to pick up accumulated rain or snow melt, and, if allowed, connecting floor drains to a municipal sewer system or holding tank, and, if allowed, disposing of the holding tank contents through a publicly owned treatment works ("POTW"). The owner/operator should check with the POTW to see if the POTW would accept the wastes. Alternatives that may be available to owners and operators of a large-capacity cesspool include: conversion to a septic system; connection to sewer; and installation of an on-site treatment unit.(12) Prohibition of fluid movement. (a) Injection activity prohibitions 1. No injection activity can allow the movement of fluid containing any contaminant into USDWs, if the presence of that contaminant may cause a violation of any primary drinking water standard, or other health based standards, or may otherwise adversely affect the health of persons. This prohibition applies to well construction, operation, maintenance, conversion, plugging, closure or any other injection activity.2. If the Commissioner learns that an injection activity may endanger USDWs, the Commissioner may require the closure of the well a permit or permit modification, or other appropriate action.(b) Closure requirements The owner/operator must close the well in a manner that complies with the prohibition of fluid movement in subparagraph (a) of this paragraph. Also, the owner/operator must dispose or otherwise manage any soil, gravel, sludge, liquids, or other materials removed from or adjacent to the well in accordance with all applicable Federal, State and local regulations and requirements.
(13) Authorization by Rule Requirements All Class V UIC well authorizations by rule shall comply with this rule and all conditions established by the Commissioner as necessary to fulfill the purposes of the Tennessee Water Quality Control Act, T.C.A. §§ 69-3-101 et seq., contain a description of the injection zone being authorized, and contain any necessary corrective action as stated under paragraph (5) of Rule 0400-45-06-.09. The authorization conditions shall be set at levels to prevent adverse effects to persons utilizing the ground water resource after consideration of at least the following factors: any guidelines set for certain pollutants by U.S.E.P.A.; the flow characteristics of ground water risk to humans; and the risk of migration. The following conditions, subparagraphs (a) through (n) of this paragraph, apply to all Class V UIC authorizations. All conditions applicable to all authorizations shall be incorporated into the authorizations either expressly or by reference. If incorporated by reference, a specific citation to these regulations must be given in the authorizations.
(a) An applicant must comply with all conditions of this authorization and all applicable laws and regulations. Any authorization noncompliance constitutes a violation of the Tennessee Water Quality Control Act and is grounds for enforcement action; for authorization termination, revocation and reissuance, or modification; or for denial of an authorization renewal application.(b) If the applicant wishes to continue an activity regulated by this authorization after the expiration date of this authorization, the applicant must apply for and obtain a new authorization prior to expiration of this authorization.(c) It shall not be a defense for an owner or operator in an enforcement action that it would have been necessary to halt or reduce the authorized activity in order to maintain compliance with the conditions of this rule.(d) The owner or operator shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from non-compliance with this rule.(e) The owner or operator shall at all times properly operate and maintain all facilities and systems of related appurtenances which are installed or used by the applicant to achieve compliance with the conditions of this rule and authorization. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of this rule.(f) The authorization may be modified, revoked and reissued, or terminated for cause. The filing of a request by the owner or operator for a modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any authorization condition.(g) This rule and the authorizations issued under it do not convey any property rights of any sort, or any exclusive privilege.(h) The owner or operator shall furnish to the Commissioner, within a time specified, any information which the Commissioner may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the authorization, or to determine compliance with this rule. The applicant shall also furnish to the Commissioner, upon request, copies of records required to be kept by this rule or the authorization.(i) The owner or operator shall allow the Commissioner, or an authorized representative of the Commissioner, upon the presentation of credentials to: 1. Enter upon the owner or operator's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this rule or the authorization;2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this rule or the authorization;3. Inspect at reasonable times any facility, equipment (including monitoring and control equipment), practices, or operations regulated or required under this rule or the authorization; and4. Sample or monitor at reasonable times, for the purposes or assuring compliance or as otherwise authorized by the Tennessee Water Quality Control Act or these rules, any substances or parameters at any location.(j) Monitoring and records 1. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. The owner or operator shall monitor injection fluids, injection operations, and local ground water supplies, in accordance with the requirements for the applicable class of well stated in this rule.2. The owner or operator shall retain records of all monitoring information, including the following: (i) Calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this authorization, and records of all data used to complete the application for the authorization under this rule, for a period of at least 3 years from the date of the sample, measurement, report, or application. This period may be extended by request of the Commissioner at any time; and(ii) The nature and composition of all injected fluids until three years after the completion of any plugging and abandonment procedures. The Commissioner may require the owner or operator to deliver the records to the Commissioner at the conclusion of the retention period.3. Records of monitoring information shall include: (i) The date, exact place, and time of sampling or measurements;(ii) The individual(s) who performed the sampling or measurements;(iii) The date(s) analyses were performed;(iv) The individual(s) who performed the analyses;(v) The analytical techniques or methods used; and(vi) The results of such analyses.(k) All applications, reports, or information submitted to the Commissioner shall be signed and certified.(l) Reporting requirements1. Planned Changes The owner or operator shall give notice to the Commissioner as soon as possible of any planned physical alterations or additions to the permitted facility.
2. Anticipated noncompliance The owner or operator shall give advance notice to the Commissioner of any planned changes in the permitted facility or activity which may result in noncompliance with authorization requirements.
3. Transfers See paragraphs (6), (7), (8) and (9) of Rule 0400-45-06-.08.
4. Monitoring reports Monitoring results shall be reported at the intervals specified elsewhere in this rule or the authorization.
5. Compliance schedules Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 30 days following each schedule date.
6. Twenty-four hour reporting The owner or operator shall report any noncompliance which may endanger health or the environment, including:
(i) Any monitoring or other information which indicates that any contaminant may cause an endangerment to USDWs; or(ii) Any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between USDWs. Any such information shall be provided orally within 24 hours from the time the owner or operator becomes aware of the circumstances. A written submission shall also be provided within 72 hours of the time the owner or operator becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance.
7. Other noncompliance The owner or operator shall report all instances of noncompliance not reported under parts 1, 4, 5, and 6 of this subparagraph, at the time monitoring reports are submitted. The reports shall contain the information listed in part 6 of this subparagraph.
8. Other information. Where the owner or operator becomes aware that the owner or operator has failed to submit any relevant acts in a permit application, or submitted incorrect information in a permit application or in any report to the Commissioner, the owner or operator shall promptly submit such facts or information.(m) Requirements prior to commencing injection Except for all new wells authorized by an area permit under Rules 0400-45-06-.11 and 0400-45-06-.12, a new injection well may not commence injection until construction is complete, and
1. The owner or operator has submitted notice of completion of construction to the Commissioner; and2.(i) The Commissioner has inspected or otherwise reviewed the new injection well and finds it is in compliance with the conditions of this rule and the authorization; or(ii) The owner or operator has not received notice from the Commissioner of his or her intent to inspect or otherwise review the new injection well within 13 days of the date of the notice in part 1 of this subparagraph, in which case prior inspection or review is waived and the owner or operator may commence injection. The Commissioner shall include in his notice a reasonable time period in which he shall inspect the well.(n) The owner or operator shall notify the Commissioner at such times as this rule or the authorization requires before conversion or abandonment of the well, or in the case of area permits, before closure of the project.(o) A Class V authorization may include, conditions to insure that plugging and abandonment of the well will not allow the movement of fluids into or between USDWs. Where the Commissioner's review of an application indicates that the applicant's plan is inadequate, the Commissioner may require the applicant to revise the plan, prescribe conditions meeting the requirements of this paragraph, or deny the authorization.Tenn. Comp. R. & Regs. 0400-45-06-.14
Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06.Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.