HAR §11-23-12. Application procedures for UIC permit

(a) No person shall operate, modify or abandon an injection well or wells without first obtaining a UIC permit from the department. Only subclass c wells that meet the requirements in subsection (f) of this section shall be exempt from obtaining a UIC permit to operate. Further, no person shall start construction of an injection well without first applying for a permit and obtaining the department's approval for the start of construction. (b) All permit applications shall be made by the injection well owner on authorized. departmental forms which shall be available at department offices. In the case of leasehold land, the applicant shall submit written proof of the consent of the land owner. In the case of a modification, the legal operator, with the written consent of the owner, may submit the application. (c) An applicant may apply for a system permit rather than apply for each individual injection well if the wells meet all of the following conditions: (1) Are owned by the same person; (2) Are operated by the same person; (3) Are similarly designed; (4) Serve the same purpose; and (S) Inject into the same aquifer or injection zone at the same property. (d) All applications shall be submitted with a filing fee of Sl00 for each application. Any government agency shall be exempt trorn paying this filing fee. Additionally, when public notice is required, as provided in section 11-23-14, the applicant shall ·pay all fees assessed for publishing legal notice or potices for each application requiring public notice. If a public hearing is required, as provided in section 11-23-15, the applicant shall pay all fees assessed for publishing legal notice or notices for each application requiring such notice. (e) The department shall not consider any incomplete application. An application is deemed complete when: (1) All requested information has been submitted, including the application form, plans, maps and other exhibits; (2) All fees have been paid; and (3) All public notice and hearing requirements under sections 11-23-14 and 11-23-15 have been satisfied. 23-15 Sll-23-12 ( f) All applications for the use of subclass C wells to inject storm runoff shall be reviewed by the department for the determination of whether or not an applicant shall be required to obtain a UIC permit to operate the wells. The determination for an exemption of a UIC permit for such wells shall be made by the director and shall be predicated on the conditions submitted in the UIC application. If an exemption is granted, the operating conditions as submitted in the application shall remain unchanged for the subclass C wells . . If any of the operating conditions should change over time, a new application shall be submitted by the owner of the wells for review by the department for the purpose of determining the need for a UIC permit. The determination for a permit exemption shall be ba3ed on, but not limited to: (1) The location and design of the injection wells; (2) The surrounding land areas contributing runoff to the injection wells; (3) The potential for the inclusion of contaminants in the runoff; (4) The impact on underground sources of drinking water; and (5) The comments received during the public notice period or public hearing, or both, for proposed subclass C wells injecting into underground sourcn~~f,1cJf ~nt; water. [Eff. 7 /6/84; am and comp .mJ . .W , ~-. .., J (Auth: HRS S340E-2) (Imp: HRS S340E-2, 40 CFR SS144.24 and 144.33) Sll-23-13 Submission of data. (a) Each applicant shall provide the following: (l) Facility name and description; ( 2) Facility location, including street address and zip code; (3) Tax map key (TMK) number and map at the most detailed scale available, showing the location of the proposed injection well or wells on the property, the correct scale and north arrow; ( 4) USGS topographic quadrangle map or good copy ( scale 1:24,000) indicating the location of the proposed injection well or wells, and all other injection and withdrawal wells within one-(iUarter mile of the facility boundary; (5) Ownership of facility; (6) Name and address of lessor, if applicant is a lessee, and written consent of the property owner; (7) Name and address of legal contact; 23-16 1 582 (8) ( 9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) Sll-23-13 Name of proposed operator; Nature and source of injected fluid; Proposed design capacity and operating volume of injected fluid; Number and type of injection wells, including construction materials and procedures; Elevation section for proposed well or wells, as found on the application form; Description of injection system, including emergency standby or monitoring wells, if any, and system blueprints; Details of proposed injection testing, the duration of which shall be for not less than twelve hours, and preferably for twenty-four hours; For injection wells sited mauka of the UIC line, water quality data, including, at a minimum, values for chloride, total dissolved solids, and coliform, from several of the nearest water supply wells; Number of each type of injection well actually constructed, including emergency standby and monitoring wells, if any; Well log maintained by a geologist, including: (A) Lithology of injection interval or intervals and confining formation or formations; (B) Physical and structural characteristics of the formations encountered; (C) Initial water level, and subsequent water levels as fluctuations occur, especially for artesian conditions; and (D) Tidal fluctuations and efficiency; Elevation section, as found on the application form, showing exact final dimensions for each of the injection wells and materials used in construction; Complete results of injection testing, including maximum capacity; Water quality data, if required; Nature and source of formation water; Description of operating plans, including identification of legal operator, maximum and average volumes of injected fluids, number of hours per day of use, and degree and type of treatment, if any. 23-17 S11-23-13 (b) When the application is for a proposed injection well, the applicant shall first submit the information required under subsection (a)(l) to (a)(lS) of this section. This submittal shall be prepared and signed by a licensed professional engineer or a geologist. When an application is prepared by an engineer it shall also bear the professional seal of the engineer. No authorization to construct shall be issued until the information is provided. (c) Upon completion of the proposed injection well(s), the applicant shall submit the information required in subsection (a)(l6) to (a)(22) of this section. This submittal shall be signed by the licensed professional engineer and geologist who prepared the documents and bear the professional seal of the engineer. No authorization to operate shall be issued until the information is provided. (d) Applicants for proposed subclass C or subclass D injection wells shall not be required to submit the information required in subsection (a)(lO), (a)(l4), (a}(lS), (a)(l7), (a)(l9), (a)(20), and (a)(21) of this section, ·unless any or all of these subsections are deemed appropriate and are specificp)xl,y f~~a ~ed by the director. [Eff. 7/6/84; am and comp NUV L 1;/~~-] (Auth: HRS S340E-2) (Imp: HRS SS340E-2 and 340E-9, 40 CFR SS144.25, 144,26 and 144.33) Sll-23-14 Public notice of prooosed wells injecting into USOW. (a) The director shall notify the public of every applicatio.n for a well proposing to inject into an under-ground source of drinking water in a manner designed to inform interested and potentially interested persons. Public notice procedures shall include at least the following: (1) Notice shall be circulated within the geographical area in which the proposed injection is located. The circulation shall, at the discretion of the director, include either or both of the following: (A) Posting in the post office and public places of the municipality nearest the premises of the applicant in which the injection well facility is located; and (B) Publishing in local newspapers and periodicals or in a daily newspaper of general circulation; ( 2) Notice shall be mailed to any person or group upon request; and 23-18 S11-23-15 (3) The director shall add to a mailing list the name of any person or group who requests copies of notices for all UIC applications which propose the use of a USDW for injection purposes within the State or a certain geographical area. (b) The director shall provide a period of not less than thirty days following the date of the public notice, during which time interested persons may submit their written views with respect to the UIC application. All written comments submitted during the thirty-day comment period shall be retained by the director and considered in the formulation of the final determination with respect to extended at (C) (1) (2) (3) (4) . ( 5) the UIC application. The period for comment may be the discretion of the director. The public notice shall include at least the following: Name, address and phone number of the agency issuing the public notice; Name and address of each applicant; Brief description of each applicant's activities or operations which intend to utilize the injection wells described in the UIC application; A brief description of the procedures for the formulation of final determinations, including the thirty-day comment period required by subsection (b) of this section and any other means by which interested persons may influence or comment upon those determinations; and Address and. phone number of the_ state agency premises at • which interested persons may obtain further information; and may inspect and copy UIC forms and related documents. (Eff. 7/6/84; am and comp NOV 121992 ] (Auth: HRS S340E-2) (Imp: HRS S340E-2, 40 CFR Sl45.31)