Statutes, codes, and regulations
West Virginia Administrative Code
Agency 47 - Water Resources, Division Of Water And Waste ManagementTitle 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES
Series 47-13 - Underground Injection Control
Section 47-13-4 - Classes of Wells

W. Va. Code R. § 47-13-4

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Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-13-4 - Classes of Wells
4.1. Class 1.
4.1.1. Wells used by generators of hazardous waste or owners or operators of hazardous waste management facilities to inject hazardous waste beneath the lowermost formation containing, within 1/4 mile of the well bore, an underground source of drinking water.
4.1.2. Other industrial and municipal disposal wells which inject fluids beneath the lowermost formation containing, within 1/4 mile of the well bore, an underground source of drinking water.
4.1.3. It also includes wells not covered in Class 4 that inject radioactive material listed in 10 CFR Part 20, Appendix B, Table II, Column 2.
4.2. Class 2. Wells injecting fluids:
4.2.1. Which are brought to the surface in connection with natural gas storage, or oil or natural gas production and may be commingled with waste waters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection;
4.2.2. For enhanced recovery of oil or natural gas; and
4.2.3. For storage of hydrocarbons which are liquid at standard temperature and pressure.
4.3. Class 3. Wells which inject for extraction of minerals including:
4.3.1. Mining of sulphur by the Frasch process;
4.3.2. In situ production of uranium or other metals. This category includes only in situ production from ore bodies which have not been conventionally mined. Solution mining of conventional mines such as stopes leaching is included in Class 5;
4.3.3. Solution mining of salts or potash.
4.4. Class 4.
4.4.1. Wells used by generators of hazardous waste or by owners or operators of hazardous waste management facilities, or by owners or operators of radioactive waste disposal sites, to dispose of hazardous wastes which cannot be classified under subdivisions 4.1.1., 4.1.2., or 4.1.3.
4.5. Class 5. Injection wells not included in Classes 1, 2, 3, 4, or 6. Class 5 wells include, but are not limited to:
4.5.1. Cesspools, including multiple dwelling, community or regional cesspools, or other devices that receive wastes, which have an open bottom and sometimes have perforated sides. The UIC requirements do not apply to single family residential cesspools nor to nonresidential cesspools which receive solely sanitary wastes and have the capacity to serve fewer than 20 persons a day.
4.5.2. Sand backfill and other backfill wells used to inject a mixture of water and sand, mill tailings or other solids into mined out portions of subsurface mines provided what is injected is not a radioactive waste.
4.5.3. Septic system wells used to inject the waste or effluent from a multiple dwelling, business establishment, community or regional business establishment septic tank. The UIC requirements do not apply to single family residential septic system wells, nor to nonresidential septic system wells which are used solely for the disposal of sanitary waste and have the capacity to serve fewer than 20 persons a day.
4.5.4. Injection wells associated with the recovery of geothermal energy for heating, aquaculture and production of electric power.
4.5.5. Wells used for solution mining of conventional mines such as stopes leaching.
4.5.6. Injection wells used for in situ recovery of lignite, coal, tar sands, and oil shale.
4.5.7. Wells used to inject spent brine into the same formation from which it was withdrawn after extraction of halogens or their salts.
4.5.8. Injection wells used in experimental technologies.
4.5.9. Wells for waste disposal into solution cavities in carbonate formations.
4.5.10. Sinkholes used for the disposal of sewage or any other waste.
4.5.11. Air conditioning return flow wells used to return to the supply aquifer the water used for heating or cooling in a heat pump.
4.5.12. Cooling water return flow wells used to inject water previously used for cooling.
4.5.13. Drainage wells used to drain surface fluid, primarily storm runoff, into a subsurface formation.
4.5.14. Dry wells used for the injection of wastes into a subsurface formation.
4.5.15. Recharge wells used to replenish the water in an aquifer.
4.5.16. Salt water intrusion barrier wells used to inject water into the fresh water aquifer to prevent the intrusion of salt water into the fresh water.
4.5.17. Subsidence control wells (not used for the purpose of oil or natural gas production) used to inject fluids into a non-oil or gas producing zone to reduce or eliminate subsidence associated with the overdraft of fresh water.
4.6. Class 6.
4.6.1. Wells used to inject carbon dioxide (CO2) into rock formations. Wells that are not experimental in nature that are used for geologic sequestration of carbon dioxide beneath the lowermost formation containing a USDW; or, wells used for geologic sequestration of carbon dioxide that have been granted a waiver of the injection depth requirements pursuant to requirements at subsection 14.8.4 of this chapter; or, wells used for geologic sequestration of carbon dioxide that have received an expansion to the areal extent of an existing Class 2 enhanced oil recovery or enhanced gas recovery aquifer exemption pursuant to section 13.3 and 40 CFR 144.7(d).

W. Va. Code R. § 47-13-4