W. Va. Code R. § 47-13-12

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

Section 47-13-12 - Criteria and Standards Applicable to Class 5 Injection Wells

12.1. General. This section sets forth requirements for underground injection control programs to regulate all injection not regulated in sections 8, 9, 10, 11, and 13. Generally, wells covered in this section inject non-hazardous fluids into strata that contain underground sources of drinking water. It includes, but is not limited to, the following types of injection wells: Waste disposal wells, such as drainage wells, cooling water return flow wells, air conditioning return flow wells, salt water barrier wells and subsidence control wells (not associated with oil and gas production).

12.1.1. All new large capacity cesspools are prohibited.

12.1.2. All existing large capacity cesspools must be closed by April 5, 2005.

12.1.3. All new motor vehicle waste disposal wells are prohibited.

12.1.4. All existing motor vehicle waste disposal wells must be closed by January 1, 2005, or operated in compliance with Section 14.1.2. and 4 of this rule such that the Director will require wells to be permitted and maintained.

12.1.5. Applicants for permits for existing MVWDWs must meet MCLs at the point of injection while the permit application is under review. If a permit is issued for a MVWDW, the permittee must comply with permit requirements including requirements to meet MCLs and other health-based standards at the point of injection.

12.2. Inventory and Assessment.

12.2.1. The owner or operator of any Class 5 well shall within 1 year of the effective date of this rule notify the Director of the existence of any well meeting the definition of Class 5 under his control, and submit a description of:

12.2.1.a. The construction features of the well;

12.2.1.b. The nature and volume of injected fluids;

12.2.1.c. The alternative means of disposal available to the operator;

12.2.1.d. The environmental and economic consequences of well disposal and its alternatives;

12.2.1.e. Facility name and location;

12.2.1.f. Name and address of legal contact;

12.2.1.g. Ownership of facility;

12.2.1.h. Nature and type of injection wells; and

12.2.1.i. Operating status of injection wells.

12.3. Requirement. If at any time the Director gains knowledge of a Class 5 well which presents a significant risk to the health of persons, he/she shall prescribe such action as necessary (including the immediate closure of the injection well) to remove such risk.

12.4. Wells Regulated by Rule and Permit.

12.4.1. Certain Class 5 wells may be authorized by rule pursuant to subsection 14.2 unless the Director requires an individual permit. Permits shall be for continuous injection of Class 5 liquids such as septic system drain field discharges and stormwater. While rule authorization is intended for temporary (based on timing or number of injections) or limited injections, including but not limited to remediation treatment fluids.

12.4.2. Information to be considered by the Director prior to issuance of a permit.

W. Va. Code R. § 47-13-12