Class V Injection Well Requirements – Application Processing

01. Draft Permit Preparation. After all application information is received and evaluated, the Director will prepare a draft permit or denial, which will include the application for permit, permit conditions or reasons for denial, and any compliance schedules or monitoring requirements. In preparing the draft permit or denial, the Director must consider the following factors: (7-1-25) a. The availability of economic and practical alternative means of disposal; (7-1-25) b. The application of best management practices to the facilities and/or area draining into the well; (7-1-25) c. The availability of economical, practical means of treating or otherwise reducing the amount of contaminants in the injected fluids; (7-1-25) d. The quality of the receiving ground water, its category, its present and future beneficial uses or interconnected surface water; (7-1-25) IDAHO ADMINISTRATIVE CODE IDAPA 37.03.03 – Rules & Minimum Standards Department of Water Resources for the Construction & Use of Injection Wells Section 050 Page 14 e. The location of the injection well with respect to drinking water supply wells; and (7-1-25) f. Compliance with Ground Water Quality Standards. (7-1-25) g. The benefit to the State of Idaho. (7-1-25) 02. Public Notice. The Director will provide public notice of any draft permit to construct, maintain or modify a Class V injection well by means of a legal notice in a newspaper of general circulation in the county in which the well is located. The Director may give additional notice as necessary to adequately inform the interested public and governmental agencies. There shall be a period of at least thirty (30) days following publication for any interested person to submit written comments. (7-1-25) 03. Review by the Directors of Other State Agencies. The Directors of other state agencies, as determined by the Director, shall be given an opportunity to review and comment on draft permits. Comments must be submitted to the Director within thirty (30) days of public notice. (7-1-25) 04. Open-Loop Heat Pump Return Wells (Subclass 5A7). The Director may waive the draft permit and recurring permit cycle requirements of these rules for any application proposing use of an open-loop heat pump return well greater than eighteen (18) feet in depth solely for disposal of heat pump water at a rate not exceeding fifty (50) gpm. (7-1-25) 05. Fact-Finding Hearings. At the Director’s discretion, or upon motion of any interested individual, the Director may elect to hold a fact-finding hearing. Said hearing will be held at a location in the geographical area of the injection well. Notice of said hearing will be provided at least thirty (30) days in advance of the hearing by regular mail to the applicant and to the person or persons requesting the hearing. Public notice of the fact-finding hearing shall be made in a newspaper of general circulation in the county where the injection well is located. (7-1-25) 06. Draft Permit Final Review and Consideration. The Director will consider the following factors when taking final action on draft permits: (7-1-25) a. The potential for unreasonable contamination or deterioration of ground water quality: (7-1-25) b. The likelihood and consequences of the injection well system failing; (7-1-25) c. The long-term effects of such disposal or storage; (7-1-25) d. The recommendations and related justifications of the Directors of other state agencies and the public; (7-1-25) e. The potential for violation of Ground Water Quality Standards at the point of injection or the point of beneficial use; and (7-1-25) f. Compliance with the Idaho Ground Water Quality Plan. (7-1-25) 07. Issuance of Permit. After considering the draft permit for construction, modification, or maintenance, and all matters relating thereto, the Director shall issue a permit if the standards and criteria be met and USDW’s will not be unreasonably affected. If the Director finds that the standards and criteria cannot be met or that ground water sources cannot be protected from unreasonable contamination at all times, the draft permit may be denied or a permit may be issued with conditions designed to protect ground water sources. The Director’s decision will be in writing and a copy mailed by regular mail to the applicant and to all persons who commented in writing on the draft permit or appeared at a hearing held to consider the draft permit. (7-1-25) 08. Permit Conditions and Requirements. Any permit issued by the Director shall contain conditions to protect ground water sources from waste, contamination, or deterioration of Ground Water Quality Standards. In addition to specific construction, operation, maintenance, monitoring, and reporting requirements that the Director IDAHO ADMINISTRATIVE CODE IDAPA 37.03.03 – Rules & Minimum Standards Department of Water Resources for the Construction & Use of Injection Wells Section 052 Page 15 finds necessary, each permit shall be subject to the standard conditions and requirements of this rule. (7-1-25) 09. Permit Decision Notice. The Director’s decision shall be in writing and a copy shall be mailed by regular mail to the applicant and all persons who commented in writing on the draft permit or appeared at a hearing held to consider the draft permit. (7-1-25) 051. (RESERVED)