HAR §11-23-17. Existing injection well registration

(a) The application procedures for a UIC permit, as stated in section 11-23-12, shall apply to owners of existing injection well facilities. (b) By August 6, 1984, the owner of any existing injection well or wells shall notify the department of the existence of the well, whether or not in use, and shall provide the department with the information required by section ll-23-13(a)(l) through (a)(7). 23-21 Sll-23-17 (c) The owner or operator of any existing injection well or wells shall further, by January 6, 1985, submit to the department information concerning the construction and operating characteristics of such existing wells as required by section ll-23-13(a)(l6) through (a)(22). (d) No existing injection well, including those sited in exempted aquifers, shall be permitted to operate without a UIC permit from the department. The owner of an existing injection well shall obtain a UIC permit by July 6, 1985. The permit shall be issued upon demonstration by the injection well owner that the well's operation does not violate the conditions stated in sections 11-23-lO(a), 11-23-ll(b) and ll-23-16(a)(l). (e) By July 6, 1987, the state shall assess all existing injection wells to determine their impact on underground sources of drinking water. Subclass A wells shall be issued a permit until such time that a sewage collection system serves th~ area if they meet the following provisions: (1) The application is properly completed; ( 2) The injected fluids remain non-polluting to drinking water sources; and (3) The existing treatment facility design capacity is not exceeded. (f) Existing wells of any subclass, which are determined to be polluting underground sources of drinking water shall have one year from the time of determination to effect corrective actions. If the pollution is not abated, the permit shall not be renewed or shall be s~,~~~ded or revoked .. [Eff. 7/6/84; am . and comp ·NOV 1 t.. \:J':ll] (Auth: HRS S340E-2) ( Imp: HRS S340E,:2, 40 CFR 5S144.15, 144,26, 144,31, 144.33 and 146.52) Sll-23-18 Monitoring and reoorting reouirements. (a) The operator of any injection well or wells shall keep detailed records of the operation of the well or wells, including, but not limited to, the type and quantity of injected fluids, and the method and rate of injection for each well. (b) If the operation of the injection well or wells is additionally regulated by other pollution control programs, e.g., National Pollution Discharge Elimination System (NPDES), the adherence to their monitoring and reporting requirements shall be considered a requirement of this chapter. 23-22 Sll-23-20 (c) The owner of any injection well or wells shall within one month report any change in ownership to the director in writing. Until such time as the notice of change in ownership is submitted, the registered owner shall be responsible for the operation of the well or wells and for damages resulting from improP.er operation of the well or wells. [Eff. 7 /6/84; comp NOV 121ag2 ) (Auth: HRS S340E-2) (Imp: HRS S340E-2, 40 CFR SS144.S! and 144.54) Sll-23-19 Plugging and abandonment requirements. (a) Any owner who wishes to abandon an injection well shall submit an application, in accordance with section 11-23-12, containing the details of the proposed abandonment. The department may require an abandoned well to be plugged in a manner which will not allow detrimental movement of fluids between formations. If required, plugging shall be completed by grouting with the tremie method in accordance with the Honolulu Board of Water Supply's "Water System Standards", dated March, 1977; or by some other method found appropriate and acceptable to the department. (b) The department may order an injection well to be plugged and abandoned when it no longer performs its intended purpose, or when it is determined to be a threat to the ground water resource. The owner shall schedule the plugging so that departmental staff may be present to monitor the abandonment operation. [Eff. 7 /6/84; . comp NOV 1? 1a92 ) (Auth: -HRS S340E-2) ( Imp: HR:S S340E-2, 40 CFR SS144.4~ and 144.52(a)) Sll-23-20 Revocation, suspension or revision of UIC permits. (a) Each UIC permit shall be subject to revocation, suspension or revision by the director if, after notice and opportunity for a contested hearing, it is determined that: (l) There is a violation of any term or condition of the UIC permit; or (2) The UIC permit was obtained by misrepresentation, or failure to fully disclose all relevant facts; or (3) The UIC permit was willfully defaced, altered, forged or falsified; or (4) There is a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted injection; or (5) There is a failure to comply with these rules or any other applicable rules or laws. 23-23 Sll-23-20 (b) In taking any action the director may consider operating records, compliance investigations, or other information regarding the injection well facili~y or ir_g,pact on the OSDW aquifer. [Eff. 7/6/84; comp NOV 12199t ] (Auth: HRS 340E-2) (Imp: HRS 340E-2, 40 CFR 5145.31) right: Sll-23-21 Inspection and entry. The director shall have the (l) (2) (3) To enter premises on which any injection well system is located; To inspect any equipment, operation, or sampling of any injection well system; To take effluent samples from any injection well system; and (4) To have access to and copy any record required to be kept ,iPHfS~~fggzto this chapter. [Eff. and comp NUV l ] (Auth: HRS 340E-2, 340E-9) (Imp. HRS 340E-2, 340E-9; 40 CFR 144.51) Sll-23-22 Penalties. Any person who violates any provision of this chapter shall be subject to the penalties provided in section 340E-8, HRS. Compliance with a corrective order shall not excuse the basic violatj.on. (Eff. 7/6/84; am, comp and ren Sll-23-21 NOV 121992 ] (Auth: HRS S340E-7) ·(Imp:- HRS S340E-8, 40 CER SS144.ll and 145.13) Sll-23-23 Severabilitv. If any provision of this chapter or its application to any person or circumstances is held invalid, the application of such provision to other persons or circumstances, and the remainder of this chapter, shal 1 not be affected thereby. " [Eff. 7/6/84; comp and ren Sll-23-22 NOV 121902 l (Auth: HRS S340E-9) (Imp: HRS S340E-9) ~ 23-24 The amendments to and compilation of Hawaii Administrative Rules, Title 11, Chapter 23,-lln.der~round Injection Control, on the Summa~.¥,.. 1:,aae-...9.ated ~ 2 f:f JB were adopted on ___ ~ __ i_c __ ~---'------' following a public hearing conducted on June 13, 1991 by means of a tele-video conference communication held on Oahu with simultaneous transmission to Hilo, Hawaii and Lihue, Kauai, after the public notice was printed in the Honolulu Advertiser, Hawaii Tribune-Herald, West Hawaii Today, Maui News, and Kauai Times, on April 24, 1991. These rules shall take effect ten days after filing with the Office of the Lieutenant Governor. APPROVED AS TO FORM: APPROVED: JOHN WAIHEE Governor SEP 2 8 State of Hawaii Dated: NOV O 2 1992 --------------- Filed DEPARTMENT OF HEALTH Amendments to Chapter 11-23 Hawaii Administrative Rules October 21, 2000 SUMMARY 1. A new