Fla. Admin. Code Ann. R. 62-528.630 - General Permitting Requirements for Class V Wells

(1) Except as provided in subsection (2) below, underground injection through a Class V well which begins operation after April 1, 1982, is prohibited except as authorized by permit. The construction or modification of any Class V well required to have a permit under Rules 62-528.600 through 62-528.645, F.A.C., is prohibited until the permit has been issued. In addition to the specific provisions of Rules 62-528.630 through 62-528.645, F.A.C., the applicable general permitting conditions of Rule 62-528.307 and the general provisions in Chapter 62-4, F.A.C., shall apply, unless superseded by specific requirements for underground injection control in Chapter 62-528, F.A.C.

(2) The following Class V well types are exempt from the permitting requirements of Rule 62-528.635, F.A.C., but shall be authorized in accordance with paragraphs (a) through (c) below.

(a) A general permit shall be granted under Rule 62-528.705 or 62-528.710, F.A.C., as appropriate, for:

1. Closed-loop air conditioning return flow wells and other noncontact closed-loop thermal exchange system wells with no provision for additives serving multifamily residential units or business establishments.

2. Swimming pool drainage wells serving multifamily or public swimming pools.

(b) Swimming pool drainage wells and closed-loop air conditioning return flow wells with no provisions for additives serving a single-family residential unit are exempt from the permitting requirements of Chapter 62-528, F.A.C., provided the well is constructed in accordance with the requirements of Chapter 62-532, F.A.C., and the following information is submitted to the Department for inventory purposes:

1. Name and address of well owner;

2. Name and address of well driller;

3. Well location;

4. Well depth;

5. Cased depth;

6. Casing material;

7. Cemented interval; and

8. For air conditioning return flow well systems only, the depth and construction of supply wells for the air conditioning system.

(c) Class V wells associated with aquifer remediation projects shall be authorized under the provisions of a remedial action plan or other enforceable mechanism, provided the requirements of the rules governing the remediation project, as well as the construction, operation, and monitoring requirements of this chapter are met. The following inventory information shall be submitted to the Department for inventory purposes:

1. Name and address of facility where the remediation project is taking place;

2. Name and address of the owner of the facility where the remediation project is taking place;

3. Name and address of water well contractor;

4. Location of all injection wells and associated monitor wells;

5. Construction details for all injection and monitor wells including:

a. Total depth and cased depth, or screened interval (as appropriate),

b. Casing material, and

c. Cemented interval; and

6. A brief description of the remediation project.

(3) No underground injection control authorization by permit or rule shall be allowed where a Class V well causes or allows movement of fluid containing any contaminant into underground sources of drinking water, and the presence of that contaminant may cause a violation of any primary drinking water regulation under Chapter 403, F.S., and Chapter 62-550, F.A.C., or which may adversely affect the health of persons.

(4) If at any time the Department learns that an existing Class V well may cause a violation of primary drinking water standards under Chapter 62-550, F.A.C., the Department shall, as determined by following the process in subsection 62-528.100(2), F.A.C.:

(a) Require a permit for such Class V well;

(b) Order the injector to take such actions needed to prevent the violation, including, when necessary, closure of the injection well.

(c) Require monitoring to demonstrate that the water quality criteria in Rule 62-520.420, F.A.C., are not violated; or

(d) Take enforcement action.

(5) Whenever the Department learns that a Class V well may be otherwise adversely affecting the health of persons, the Department shall prescribe action necessary to prevent the adverse effect, including any action authorized under subsection (4). The process for determining these actions is described in subsection 62-528.100(2), F.A.C.

(6) Notwithstanding any other provision of this chapter, the Department shall take immediate action upon receipt of information that a contaminant which is present or is likely to enter a public water system may present an imminent and substantial endangerment to the health of persons.

(7) All Class V Group 3 wells designed to inject domestic wastewater in Monroe County shall be required as part of the operation permit application to provide reasonable assurance that operation of the well will not cause or contribute to a violation of surface water standards as defined in Chapter 62-302, F.A.C.

(8) Inventory Requirements.

(a) The owner or operator of any Class V well shall notify the Department of the existence of any well meeting the definitions of Class V under his control, and submit the inventory information required in subsection (9) below.

(b) The owner or operator of a cooling water return flow well, air conditioning return flow well, or swimming pool drainage well authorized under paragraph 62-528.630(2)(b), F.A.C., shall submit the inventory information required under that paragraph in lieu of that required by subsection (10) below.

(c) If the owner or operator of any Class V well authorized under this Section or paragraph 62-528.630(2)(b), F.A.C., fails to comply with the inventory requirements of this Section or paragraph 62-528.630(2)(b), F.A.C., that authorization shall automatically terminate.

(9) As part of the inventory, the Department shall require the following information:

(a) Facility name and location, including a plot plan showing location of well(s);

(b) Name and address of legal contact;

(c) Ownership of facility;

(d) Nature and type of injection wells, including installed dimensions of wells and construction materials;

(e) Operating status of injection wells, including history of injection;

(f) Volume of injected fluid;

(g) Nature of injected fluid;

(h) Description of injection system, including monitoring well(s), if any.

(10) A group of similarly designed injection wells within the same wellfield, owned and operated by the same applicant serving the same purpose may be permitted as a system rather than as individual wells; however, a separate permit fee as specified in paragraph 62-4.050(4)(m), F.A.C., shall be assessed for each well.

(11) At least 30 days prior to sale or legal transfer of a Class V well, the new owner shall notify the Department. Until such time as notice of change in ownership is submitted, the owner reflected on the permit/clearance shall be responsible for the operation of the well and for damages resulting from improper operation of the wells.

(12) A separate underground injection control permit shall be obtained for a Class V well which is constructed and operated as part of a fluid treatment or disposal system permitted by the Department.

Notes

Fla. Admin. Code Ann. R. 62-528.630

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 373.313, 403.021, 403.061, 403.062, 403.087, 403.088, 403.161 FS.

New 4-1-82, Amended 5-8-85, Formerly 17-28.61, 17-28.610, 62-28.610, 62-528.610, Amended 8-10-95, 6-24-97, 7-15-99, 11-20-02.

New 4-1-82, Amended 5-8-85, Formerly 17-28.61, 17-28.610, 62-28.610, 62-528.610, Amended 8-10-95, 6-24-97, 7-15-99, 11-20-02.