Authorizations, Prohibitions And Exemptions

01. Authorizations. Construction and use of Class V deep injection wells may be authorized by permit as approved by the Director in accordance with these rules and the “Well Construction Standards Rules” found in IDAPA 37.03.09 which are authorized under Section 42-238, Idaho Code. (7-1-25) 02. Prohibitions. (3-18-22) a. These rules prohibit the permitting, construction, or use of any Class I, III, IV, or VI injection well. (7-1-25) b. No owner or operator shall construct, operate, maintain, convert, plug, abandon, or conduct any other injection activity in a manner that allows or causes the movement of fluid containing any contaminant into underground sources of drinking water, if the presence of that contaminant may cause a violation of any primary or secondary drinking water regulation, under IDAPA 58.01.11, “Ground Water Quality Rule,” Section 200 or may otherwise adversely affect the health of persons. The applicant for a permit has the burden of showing that the injection of any fluid does not present an imminent and substantial endangerment to the health of persons. (7-1-25) c. Notwithstanding any other provision of this section, the Director may take emergency action upon receipt of information that a contaminant which is present in or likely to enter a public water system or a USDW water may present an imminent and substantial endangerment to the health of persons. (7-1-25) d. Large capacity cesspools, motor vehicle waste disposal wells, radioactive waste disposal wells, and untreated sewage disposal wells are prohibited. All prohibited wells described in this section must be IDAHO ADMINISTRATIVE CODE IDAPA 37.03.03 – Rules & Minimum Standards Department of Water Resources for the Construction & Use of Injection Wells Section 030 Page 10 decommissioned in accordance with these rules. (7-1-25) e. Construction of new Subclass 5F1 - Agricultural Runoff Waste injection wells is prohibited. (7-1-25) f. These rules do not prohibit the injection of contaminated ground water into the same formation from which it was drawn provided the contaminated ground water is treated and if such injection is approved by EPA, pursuant to provisions for cleanup of releases under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601–9657, or pursuant to requirements and provisions under the Resource Conservation and Recovery Act, 42 U.S.C. 6901 through 6987. (7-1-25) 03. Exemptions. (3-18-22) a. Construction and use of Class V shallow injection wells are authorized by these rules without permit provided that: (7-1-25) i. Required inventory information is submitted to the Director in accordance with these rules. (7-1-25) ii. Use of a shallow injection well shall not result in injection of recycled water derived from municipal of industrial sources. (7-1-25) iii. Use of a shallow injection well shall not result in unreasonable contamination of a USDW or cause a violation of Ground Water Quality Standards that would affect a beneficial use. (7-1-25) b. Individual subsurface sewage disposal system wells are exempt from these Rules but subject to the permitting and fee requirements of IDAPA 58.01.03 “Individual/Subsurface Sewage Disposal Rules,” Title 39, Chapter 1 and Title 39, Chapter 36, Idaho Code. (7-1-25) c. Mine tailings backfill (5X13) wells are authorized by rule as part of mining operations. They are therefore exempt from permitting requirements of these rules provided that their use is limited to the injection of mine tailings only. The use of any 5X13 well(s) shall not result in ground water quality standards at points of diversion for beneficial use that exeed or otherwise affect a beneficial use. Should ground water quality standards be exceeded or beneficial uses be affected, the Director may order the wells to be put under the permit requirements of these rules, or the wells may be required to be remediated or closed. As a condition of their use, the Director may require the construction and sampling of monitoring wells by the owner/operator. 5X13 wells are subject to the inventory requirements described in these Rules. (7-1-25) 04. Variance of Methods. The Director may approve the use of a different testing method or technology if it is no less protective of human health and the environment, will not allow the migration of injected fluids into a USDW, meets the intent of the rule, and yields information or data consistent with the original method or technology required. A request for review by the Director must be submitted in writing by the applicant, permit holder, or operator and be included with all pertinent information necessary for the Director to evaluate the proposed testing method or technology. (7-1-25) 026. -- 029. (RESERVED)