W. Va. Code R. § 38-15-11

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 38-15-11 - Criteria and Standards Applicable to Class I Wells

11.1 Applicability. The requirements of 40 C.F.R. § 146.11 are incorporated by reference.

11.2 Construction Requirements. The requirements of 40 C.F.R. § 146.12 are incorporated by reference. Additionally, the following requirements shall apply:

11.2.1 Each Class I well shall be sited in an area which has an overlying confining bed that is free of known faults or fractures within the area of review.

11.2.2 All parts of Class I wells which will come into contact with corrosive fluids (whether injected or in the native environment) shall be constructed of corrosion resistant material.

11.2.3 For new Class I wells, the compatibility of injected fluids with formation fluids will be determined and such information submitted to the Director.

11.3 Operating, Monitoring and Reporting Requirements. The requirements of 40 C.F.R. § 146.13 are incorporated by reference. Additionally, the following requirements shall also apply:

11.3.1 Results of the required monitoring must be maintained for at least three (3) years.

11.3.2 Written notice must be given to the Director within thirty (30) days after any compliance schedule date whether the permittee has or has not complied with the requirement in question.

11.3.3 Immediate reports must be made to the Director of any violation of a permit condition or malfunction of the injection system which may cause fluid migration into or between underground sources of drinking water.

11.4 Information to be Considered by the Director. The requirements set forth at 40 C.F.R. § 146.14 are incorporated by reference. In addition, the Director shall consider the following information prior to the issuance of a permit for a Class I. well:

11.4.1 Any increase in the amount of hazardous waste or change in the type of hazardous waste injected.

11.4.2 Feasibility of monitoring permeable strata located between the injection zone and underground sources of drinking water.

11.4.3 Such other information as the Director may reasonably require.

11.5 Mid-course Evaluation Requirements. The requirements of 40 C.F.R. § 146.15 are incorporated by reference.

W. Va. Code R. § 38-15-11