Ariz. Admin. Code § R18-9-I651 - Class V; Requiring a Permit

A. The Director may require the owner or operator of any Class V injection well authorized by rule under this Article to apply for and obtain an individual or area UIC permit. Cases where individual or area UIC permits may be required include:

1. The injection well is not in compliance with any requirement under this Article or A.R.S. Title 49, Chapter 2, Article 3.3;

2. The injection well is not or no longer is within the category of wells and types of well operations authorized in the rule; or

3. The protection of USDWs requires that the injection operation be regulated by requirements, such as for corrective action, monitoring and reporting, or operation, which are not contained in the rule.

B. If an individual or area UIC permit is required, the Director shall notify the discharger in writing of the decision. The notice shall include:

1. A brief statement of the reasons for the decision,

2. An application form,

3. A statement setting a deadline to file the application,

4. A statement that on the effective date of issuance or denial of the individual or area UIC permit, coverage by rule will automatically terminate.

5. The applicant's right to appeal the individual permit requirement under A.R.S. § 49-323 and the name and telephone number of the Department contact person who can answer questions regarding the appeals process.

C. An owner or operator of a well authorized by rule may request to be excluded from the coverage of this Section by applying for an individual or area UIC permit. The owner or operator shall submit an application under R18-9-C616 with reasons supporting the request to the Director. The Director may grant any such requests.

Notes

Ariz. Admin. Code § R18-9-I651

New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.