Haw. Code R. § 11-23-12 - Application procedures for UIC permit

(a) No person shall operate, modify or abandon an injection well or wells without first obtaining a UIC permit from the department. Only subclasa C wells that meet the reguirements in subsection (f) of this section shall be exempt from obtaining a UIC permit to operate. Further, no person shall start construction of an injection well without first applying for a permit and obtaining the department's approval for the start of construction.

(b) All permit applications shall be made by the injection well owner on authorized departmental forms which shall be available at department Offices. In the case of leasehold land, the applicant shall submit written proof of the consent of the land owner. In the case of a modification, the legal Operator, with the written consent of the owner, may submit the application.

(c) An applicant may apply for a System permit rather than apply for each individual injection well if the wells meet all of the following conditions:

(1) Are owned by the same person;

(2) Are operated by the same person;

(3) Are similarly designed;

(4) Serve the same purpose; and

(5) Inject into the same aquifer or injection zone at the same property.

(d) All applications shall be submitted with a filing fee of $100 for each application. Any government agency shall be exempt from paying this filing fee. Additionally, when public notice is required, as provided in section 11-23-14, the applicant shall pay all fees assessed for Publishing legal notice or notices for each application requiring public notice. If a public hearing is required, as provided in section 11-23-15, the applicant shall pay all fees assessed for Publishing legal notice or notices for each application requiring such notice.

(e) The department shall not consider any incomplete application. An application is deemed complete when:

(1) All requested information has been submitted, including the application form, plans, maps and other exhibits;

(2) All fees have been paid; and

(3) All public notice and hearing reguirements under sections 11-23-14 and 11-23-15 have been satisfied.

(f) All applications for the use of subclass C wells to inject storm runoff shall be reviewed by the department for the determination of whether or not an applicant shall be required to obtain a UIC permit to operate the wells. The determination for an exemption of a UIC permit for such wells shall be made by the director and shall be predicated on the conditions submitted in the UIC application. If an exemption is granted, the operating conditions as submitted in the application shall remain unchanged for the subclass C wells. .If any of the operating conditions should change over time, a new application shall be submitted by the owner of the wells for review by the department for the purpose of determining the need for a UIC permit. The determination for a permit exemption shall be based on, but not limited to:

(1) The location and design of the injection wells;

(2) The surrounding land areas contributing runoff to the injection wells;

(3) The potential for the inclusion of contaminants in the runoff;

(4) The impact on Underground sources of drinking water; and

(5) The comments received during the public notice period or public hearing, or both, for proposed subclass C wells injecting into Underground sources of drinking water.

Notes

Haw. Code R. § 11-23-12

[Eff. 7/6/84; am and comp. NOV 12 1992 ] (Auth: HRS § 340E-2) (Imp: HRS § 340E-2, 40 CFR §§144.24 and 144.33)