W. Va. Code R. § 38-15-17
Current through Register Vol. XLI, No. 44, November 1, 2024
Section 38-15-17 - Authorization by Permit17.1 Application for a Permit; Authorization by Permit. The requirements of 40 C.F.R. § 144.31 are incorporated by reference.17.2 Area Permits. The requirements of 40 C.F.R. § 144.33 are incorporated by reference.17.3 Emergency Permits. The requirements of 40 C.F.R. § 144.34 are incorporated by reference.17.4 Additional Conditions Applicable to all UIC Permits. The following conditions, in addition to those set forth elsewhere in these regulations, apply to all UIC permits and shall be incorporated into all permits either expressly or by reference. If incorporated by reference, a special citation to these rules must be given in the permit.17.4.1 The permittee need not comply with the provisions of this permit to the extent and for the duration such non-compliance is authorized in a temporary emergency permit under Section 17.3.17.4.2 The permittee shall retain all records concerning the nature and composition of injected fluids until three (3) years after completion of any plugging and abandonment procedures specified under Sections 10 and 12. The Director may require the owner or operator to deliver the records to the Director at the conclusion of the retention period.17.4.3 With the exception of all new wells authorized by an area permit under Section 17.2, a new injection well may not commence injection until construction is complete; and17.4.3.1 The permittee has submitted notice of completion of construction to the Director; and17.4.3.2 The Director has inspected or otherwise reviewed the new injection well and finds its is in compliance with the conditions of the permit; and17.4.3.3 The permittee has not received notice from the Director of his or her intent to inspect or otherwise review the new injection well within thirteen (13) days of the date of the notice in Section 17.4.3.1, of this, section, in which case prior inspection or review is waived and the permitee may commence injection. The Director shall include in the notice a reasonable time period in which he or she shall inspect the well.17.4.4 The following shall be included as information which must be reported under Section 17.8.17.4.4.1 Any monitoring or other information which indicates that any contaminant may cause an endangerment to a USDW; and17.4.4.2 Any non-compliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between the USDWs.17.4.5 The permittee shall notify the Director at such times as the permit requires before conversion or abandonment of the well or in the case of area permits before closure of the project.17.4.6. A single permit for the construction and operation of any underground injection well subject to these regulations shall be issued by the Director, subject only the condition that an appropriate mechanical integrity test be submitted to the Director prior to operation.17.4.7 The permittee shall be authorized to inject into such a well at a pressure up to 90% of .the breakdown pressure of the injection formation. The permittee shall provide the Director with the results of an injection pressure test or such other information as would establish the breakdown pressure of the formation to the satisfaction of the Director. Injection pressures in excess of 90% may be authorized, on a case-by-case basis at the discretion of the Director. In no case, however, may the injection pressure be allowed to exceed the fracture pressure of the formation.17.5 Establishing Permit Conditions. The requirements of 40 C.F.R. § 144.52 are incorporated by reference with the exception of 40 C.F.R. § 144.52(a)(6). In lieu of the requirements of that section, the following requirement shall apply: 17.5.1 Plugging and Abandonment. Any Class I, II, or III permit shall include, and any Class V permit may 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. Any applicant for a UIC permit shall be required to submit a plan for plugging and abandonment. Where the plan meets the requirements of this paragraph, the Director shall incorporate it into the permit as a condition. Where the Director's review of an application indicates that the permittee's plan is inadequate, the Director shall require the applicant to revise the plan, prescribe conditions meeting the requirements of this paragraph, or deny the application. For the purposes of this paragraph, temporary intermittent cessation of injection operations is not abandonment. Any well which is not in use for a period of twelve consecutive months shall be presumed to have been abandoned and shall promptly be plugged by the operator in accordance with the applicable provisions of these regulations, unless the operator furnishes satisfactory proof to the Director that there is a bona fide future use for such well.17.6 Corrective Action. The requirements of 40 C.F.R. § 144.55 are incorporated by reference.17.7 Signatories to Permit Applications and Reports. The requirements of 40 C.F.R. § 144.32 are incorporated by reference.17.8 Conditions Applicable to All Permits. The requirements of 40 C.F.R. § 144.51 are incorporated by reference.17.9 Duration of Permits. The requirements of 40 C.F.R. § 144.36 are incorporated by reference, except that UIC Permits shall have a fixed term of five (5) years, and, upon a timely and complete application for permit reissuance, the Director may, at his discretion, extend the permit term for a period not to exceed eighteen (18) months beyond its expiration date. 17.10 Schedules of Compliance. The requirements of 40 C.F.R. § 144.53 are incorporated by reference.17.11 Requirements for Recording and Reporting of All Monitoring Results. The requirements of 40 C.F.R. § 144.54 are incorporated by reference.17.12 Effect of .a Permit. The requirements of 40 C.F.R. § 144.35 are incorporated by reference.17.13 Transfer of Permits. The requirements of 40 C.F.R. § 144.38 are incorporated by reference.17.14 Modification or Revocation and Reissuance of Permits. The requirements of 40 C.F.R. § 144.39 and 40 C.F.R. §124.5, (except §124.5f) and (g)) are incorporated by reference.17.15 Termination of Permits. The requirements of 40 C.F.R. § 144.40 are incorporated by reference.17.16 Minor Modification of Permits. The requirements of 40 C.F.R. § 144.41 are incorporated by reference.17.17 Confidentiality of Information. The requirements of 40 C.F.R. § 144.5 are incorporated by reference.17.18 Identification of Underground Sources of Drinking Water and Exempted Aquifers. The requirements of 40 C.F.R. § 144.7 are incorporated by reference.17.19 Public Access to Information. The public is assured access to any information submitted pursuant to this rule consistent-with the State Freedom of Information Act, W.Va. Code § 29B-1-1et seq. and series 10 of the Division's regulations. Any information submitted may be claimed as confidential by the submitter in accordance with that Act except that the following may not be claimed as confidential: 17.19.1 The name and address of any permit applicant or permittee;17.19.2 Permit applications, permits; and effluent data {unless such information, if made public, would divulge methods or processes entitled to protection as trade secrets) .17.20 Public Notice of Permit Actions and Public Comment Period. The requirements of 40 C.F.R. § 124.10 are incorporated by reference.17.21 Public Comments and Requests, for Public Hearings. The requirements of 40 C.F.R. § 124.11 are incorporated by reference.17.22 Public Hearings. The requirements of 40 C.F.R. § 124.12 are incorporated by reference.17.23 Reopening of the Public Comment Period. The requirements of 40 C.F.R. § 124.14 are incorporated by reference.17.24 Response to Comments. The requirements of 40 C.F.R. § 124.17 are incorporated by reference.17.25 Fact Sheet. The requirements of 40 C.F.R. § 124.8 are incorporated by reference.17.26 Draft Permits.' The requirements of 40 C.F.R. § 124.6 are incorporated by reference.17.27 Noncompliance Reporting. The requirements of 40 C.F.R. § 144.8 are incorporated by reference.W. Va. Code R. § 38-15-17