312 IAC 29-28-8 - File review and update of Class II well permits

Authority: IC 14-10-2-4; IC 14-37-3

Affected: IC 4-21.5; IC 14-37

Sec. 8.

(a) At any time, but at least every five (5) years, the division will perform a file review of a Class II well to determine whether continued operation of the well meets the requirements of IC 14-37 and this article.

(b) A review conducted under subsection (a) may consider the following:

(1) The current injection intervals.

(2) Maximum injection pressures and rates.

(3) Compliance with well construction requirements for Class II wells including internal and external mechanical integrity of the Class II well.

(4) A survey of all wells within the area of review that penetrate the injection zone to consider whether these wells may:

(A) be adversely affected by the operation of the Class II well; and

(B) have the potential to cause or contribute to the migration of injection fluids into underground sources of drinking water due to inadequate construction or plugging.

(c) If the division determines a well has the potential to serve as a conduit for the migration of fluid into underground sources of drinking water a corrective action plan will be established under this section.

(d) The division shall notify the owner or operator of the Class II well and request a corrective action plan that will prevent fluid movement:

(1) into an underground source of drinking water;

(2) to the surface; or

(3) into an unpermitted zone.

(e) Within thirty (30) days after receiving notice from the division the owner or operator of the Class II well shall submit a proposed corrective action plan to prevent the movement of fluid into an underground source of drinking water that considers the following:

(1) The nature and volume of injected fluid.

(2) The nature of native fluids or byproducts of injection.

(3) Potentially affected persons.

(4) Geology.

(5) Hydrology.

(6) History of the injection operation.

(7) Completion and plugging records.

(8) Abandonment procedures in effect when the well was abandoned.

(9) Hydraulic connections with an underground source of drinking water.

(f) The division shall evaluate the proposed corrective action plan to determine whether modifications are necessary.

(g) The division director may require additional testing or special equipment to protect an underground source of drinking water.

(h) The division director shall establish a final corrective action plan to ensure protection of underground sources of drinking water and prevention of fluid movement to the surface or into an unpermitted zone that shall become a condition to the permit to operate the Class II well.

(i) The final corrective action plan established under subsection (h) becomes effective within thirty (30) days of issuance unless a person requests administrative review under IC 4-21.5.

Notes

312 IAC 29-28-8

Natural Resources Commission; 312 IAC 29-28-8; filed 12/1/2017, 10:35 a.m.: 20171227-IR-312160230FRA Readopted filed 1/17/2023, 1:53 p.m.: 20230215-IR-312220328RFA