61-87.8 - Corrective Action Requirements for Class II and III Wells

A. Corrective action required under these regulations for improperly sealed, completed, or abandoned wells which penetrate the injection zone and are located within the area of review shall consist of such steps or modifications as are necessary to prevent movement of fluid into underground sources of drinking water.

B. The applicant shall identify all such wells and submit a plan for corrective action with the permit application.

C. If the plan is determined adequate, the Department shall incorporate it into the permit as a condition.

D. If review of the application indicates that the applicant's plan is inadequate, the Department shall require the applicant to revise the plan, prescribe a plan for corrective action as a condition of the permit or deny the application.

E. To determine the adequacy of corrective action proposed by the applicant and the additional steps needed to prevent fluid movement into underground sources of drinking water the following criteria and factors shall be considered by the Department:

(1) Nature and volume of the injected fluid;

(2) Nature of formation fluids or by-products of injection;

(3) Potentially affected population;

(4) Geology;

(5) Hydrology;

(6) History of the injection-operation;

(7) Completion and plugging records;

(8) Abandonment procedures in effect at the time the well was abandoned;

(9) Hydraulic connections with underground sources of drinking water.

(10) Well design and construction standards.

F. The Department may require, as a permit condition, that injection pressure be so limited that pressure in the injection zone does not exceed hydrostatic pressure at the site of any improperly completed or abandoned well or water supply well within the area of review. This pressure limitation shall satisfy the corrective action requirement. Alternatively, such restrictions on injection pressure may be a part of the compliance schedule for corrective action and last until all other required corrective action has been taken.

G. No permit for a new injection well will be issued until all required corrective action has been taken.

H. The Department's corrective action requirements for Class III wells shall include the consideration of the overall effect of the project on the hydraulic gradient in potentially affected Underground Sources of Drinking Water and the corresponding changes in potentiometric surface(s) and flow direction(s) rather than the discrete effect of each well. If a decision is made that corrective action is not necessary based on the determinations above, the monitoring program shall be designed to verify the validity of such determinations.

Notes

Added by State Register Volume 7, Issue No. 6, eff June 24, 1983.