INJECTION CONTROL WELLS (PART 1 OF 3) « asap irrigation installation and repairs

INJECTION CONTROL WELLS (PART 1 OF 3)

DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 1

(1) The purpose of Chapter 62-528, F.A.C., Underground Injection Control (UIC), is to protect the quality of the State’s underground sources of drinking water and to prevent degradation of the quality of other aquifers adjacent to the injection zone that may be used for other purposes. This purpose is achieved through rules that govern the construction and operation of injection wells in such a way that the injected fluid remains in the injection zone, and that unapproved interchange of water between aquifers is prohibited.

(2) The permitting concept of a Technical Advisory Committee (TAC), which has been successfully used, is formally described in this rule. The Technical Advisory Committee serves a need for interagency coordination to facilitate the permitting process, and to provide the permitting authorities the advice from the several disciplines necessary to adequately evaluate complex deep injection well system permit applications. A Technical Advisory Committee has been established in each Department District to assist and provide advice to the permitting authority on the technical aspects of underground injection. The Technical Advisory Committee is normally composed of representatives from the Department’s District and Tallahassee offices, the appropriate water management district, local environmental program and the United States Geological Survey (USGS). In addition, the United States Environmental Protection Agency (EPA) shall serve as advisors to the Technical Advisory Committee in order to provide technical assistance regarding any specific matter. The Technical Advisory Committee is chaired by a representative of the Department permitting authority, who is responsible for forwarding the Technical Advisory Committee recommendations to the permitting authority. In the event a water management district also issues a permit, the water management district representative on the Technical Advisory Committee is responsible for forwarding the Technical Advisory Committee recommendations to the water management district permitting authority. As part of its interdisciplinary and interagency role, the TAC provides the means for review and determination by the Department of what is acceptable to or approvable based on the requirements of this rule chapter and chapter 403, F.S. The TAC serves two advisory purposes. It provides expert advice to the District which processes the underground injection control permit. The TAC also works directly with the applicant or permittee in providing expertise at various stages of the permitting process or whenever a decision is needed on a technical matter contained in this chapter. The TAC receives the information, and if requested by the applicant, permittee, or District, will meet always in public. When an applicant or permittee requests an alternative method, material, timeframe or other change contemplated by this chapter, the information to support that request shall be provided to each TAC member, who is listed in the permit or whose name and address is readily available from the Department District office which processes the permit, by whatever means chosen by the applicant or permittee. Any additional information needed by the TAC to make its recommendation to the DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 5

Department shall be transmitted to the applicant or permittee in writing by the District office processing the permit. After receipt of all requested information made available to the members, and based on site-specific factors such as the hydrogeology and ground water quality of the site, either of the following will happen. More discussion with the applicant or permittee will ensue, with a public meeting if a meeting of the TAC is requested or with consideration of the TAC advice, the Department’s District shall transmit in writing its decision concerning the request, consistent with the requirements in this chapter. A permitting authority is not bound by a Technical Advisory Committee recommendation and may reject, modify, or amend the recommendation provided its actions are consistent with the provisions of this chapter. The Department’s decision shall be a permit modification if revision of a permit condition is involved. Any such decision is final agency action subject to the procedural safeguards contained in Chapter 120, F.S. Once a project has had TAC review, minor revisions can be approved by the Department without further TAC review (for example, changes in cement additives, minor changes to well depth, sampling parameters, testing procedures, mechanical integrity testing procedures or casing setting points due to actual field conditions).

Specific Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History – New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.11, 17-28.011, 62-28.011, Amended 8-10-95, 6-24-97.

CHAPTER 62-528 DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 2 DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 3 DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 4

UNDERGROUND INJECTION CONTROL

TABLE OF CONTENTS

PAGE

PART I

62-528.100 Underground Injection Control: Purpose. 4

62-528.110 Underground Injection Control: Declaration and Intent. 5

62-528.120 Underground Injection Control: Scope. 5

62-528.200 Underground Injection Control: Definitions. 6

62-528.300 Underground Injection Control: General Provisions. 11

62-528.305 Underground Injection Control: Permit Processing. 19

62-528.307 Underground Injection Control: General Conditions for

Permits. 19

62-528.310 Underground Injection Control: Draft Permit. 25

62-528.315 Underground Injection Control Requirements for Public

Notice. 25

62-528.320 Class I – Exploratory Well Construction and Testing Permit. 27

62-528.321 Public Comments and Requests for Public Meetings for

Underground Injection Control. 27

62-528.325 Public Meetings for Underground Injection Control. 28

62-528.330 Underground Injection Control: Response to Public

Comment. 28

62-528.335 Underground Injection Control: Fact Sheet. 28

62-528.340 Signatories to Permit Applications and Reports for

Underground Injection Control. 29

62-528.345 Compliance Schedules for Underground Injection Control

Permits. 30

62-528.350 Underground Injection Control: Transfer of Permits. 31

62-528.355 Underground Injection Control: Permit Modification,

Revocation, Termination. 31

62-528.360 Prohibition of Hazardous Waste Injection. 34

PART II

CRITERIA AND STANDARDS FOR CLASS I AND CLASS III WELLS

62-528.400 General Prohibition of Hazardous Waste Injection. 34

62-528.405 Evaluation of Geologic and Hydrologic Environment for

Class I and III Wells. 35

62-528.410 Well Construction Standards for Class I and III Wells. 37

62-528.415 Operation Requirements for Class I and III Wells. 43

62-528.420 Monitoring Well Construction Standards for Class I and

III Wells. 46

62-528.425 Monitoring Requirements for Class I and III Wells. 47

62-528.430 Reporting Requirements for Class I and III Wells. 51

62-528.435 Plugging and Abandonment Criteria and Procedures for

Class I and III Wells. 54

PART III

CLASS I WELL AND CLASS III WELL PERMITTING

62-528.440 General Permitting Requirements for Class I and III Wells. 56

62-528.450 Class I – Test/Injection Well Construction and Testing

Permit, and Class III – Well Construction Permit. 58

62-528.455 Class I and Class III – Injection Well Operation Permit. 62

62-528.460 Class I and Class III Well Plugging and Abandonment

Permit. 64

PART IV

CRITERIA AND STANDARDS FOR CLASS IV WELLS

62-528.500 General Criteria for Class IV Wells. 66

62-528.510 General Prohibition of Class IV Wells. 66

62-528.520 Waste Analysis for Class IV Wells. 66

62-528.530 Ground Water Monitoring and Response for Class IV Wells. 66

62-528.540 Closure and Post-Closure Requirements for Class IV Wells. 71

62-528.550 Financial Requirements for Class IV Wells. 74

PART V

CRITERIA AND STANDARDS FOR CLASS V WELLS

62-528.600 General Criteria for Class V Wells. 75

62-528.601 Federal Regulations Applicable to Class V Wells. 76

62-528.603 Exploratory Well Construction and Testing Permit. 76

62-528.605 Well Construction Standards for Class V Wells. 77

62-528.610 Operation Requirements for Class V Wells. 78

62-528.615 Monitoring Requirements for Class V Wells. 78

62-528.620 Reporting Requirements for Class V Wells. 79

62-528.625 Plugging and Abandonment for Class V Wells. 80

PART VI

CLASS V WELL PERMITTING

62-528.630 General Permitting Requirements for Class V Wells. 80

62-528.635 Construction/Clearance Permit for Class V Wells. 83

62-528.640 Operation Permit for Class V Wells. 85

62-528.645 Plugging and Abandonment Permit for Class V Wells. 86

62-528.700 Installations Discharging to Ground Water; Permitting and

Monitoring Requirements. 86

PART VII

62-528.705 General Permit for the Construction of a Closed-Loop Air

Conditioning Return Flow Well. 86

62-528.710 General Permit for the Construction of a Swimming Pool

Drainage Well. 87

62-528.822 General Permit for a Pesticide Waste Degradation System. 87

62-528.900 Forms for Underground Injection Control. 87

PART I

62-528.100 Underground Injection Control: Purpose.

(2) The permitting concept of a Technical Advisory Committee (TAC), which has been successfully used, is formally described in this rule. The Technical Advisory Committee serves a need for interagency coordination to facilitate the permitting process, and to provide the permitting authorities the advice from the several disciplines necessary to adequately evaluate complex deep injection well system permit applications. A Technical Advisory Committee has been established in each Department District to assist and provide advice to the permitting authority on the technical aspects of underground injection. The Technical Advisory Committee is normally composed of representatives from the Department’s District and Tallahassee offices, the appropriate water management district, local environmental program and the United States Geological Survey (USGS). In addition, the United States Environmental Protection Agency (EPA) shall serve as advisors to the Technical Advisory Committee in order to provide technical assistance regarding any specific matter. The Technical Advisory Committee is chaired by a representative of the Department permitting authority, who is responsible for forwarding the Technical Advisory Committee recommendations to the permitting authority. In the event a water management district also issues a permit, the water management district representative on the Technical Advisory Committee is responsible for forwarding the Technical Advisory Committee recommendations to the water management district permitting authority. As part of its interdisciplinary and interagency role, the TAC provides the means for review and determination by the Department of what is acceptable to or approvable based on the requirements of this rule chapter and chapter 403, F.S. The TAC serves two advisory purposes. It provides expert advice to the District which processes the underground injection control permit. The TAC also works directly with the applicant or permittee in providing expertise at various stages of the permitting process or whenever a decision is needed on a technical matter contained in this chapter. The TAC receives the information, and if requested by the applicant, permittee, or District, will meet always in public. When an applicant or permittee requests an alternative method, material, timeframe or other change contemplated by this chapter, the information to support that request shall be provided to each TAC member, who is listed in the permit or whose name and address is readily available from the Department District office which processes the permit, by whatever means chosen by the applicant or permittee. Any additional information needed by the TAC to make its recommendation to the DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

Effective 10-9-08 5

Department shall be transmitted to the applicant or permittee in writing by the District office processing the permit. After receipt of all requested information made available to the members, and based on site-specific factors such as the hydrogeology and ground water quality of the site, either of the following will happen. More discussion with the applicant or permittee will ensue, with a public meeting if a meeting of the TAC is requested or with consideration of the TAC advice, the Department’s District shall transmit in writing its decision concerning the request, consistent with the requirements in this chapter. A permitting authority is not bound by a Technical Advisory Committee recommendation and may reject, modify, or amend the recommendation provided its actions are consistent with the provisions of this chapter. The Department’s decision shall be a permit modification if revision of a permit condition is involved. Any such decision is final agency action subject to the procedural safeguards contained in Chapter 120, F.S. Once a project has had TAC review, minor revisions can be approved by the Department without further TAC review (for example, changes in cement additives, minor changes to well depth, sampling parameters, testing procedures, mechanical integrity testing procedures or casing setting points due to actual field conditions).

Specific Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History – New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.11, 17-28.011, 62-28.011, Amended 8-10-95, 6-24-97.

62-528.110 Underground Injection Control: Declaration and Intent.

(1) This rule establishes a State Underground Injection Control Program that is appropriate to the hydrogeology of Florida and is consistent with the requirements of the federal Underground Injection Control Program.

(2) It is the intent of this Chapter that the injection of wastes underground shall not adversely interfere with any designated use of ground water as specified in Rule 62-520.410(1), F.A.C., or cause violations of water quality standards in underground sources of drinking water.

Specific Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History — New 8-10-95.

62-528.120 Underground Injection Control: Scope.

(1) Chapter 62-528, F.A.C., covers all injection wells defined in subsection 62-528.300(1), F.A.C., as Class I, III, IV or V wells.

(2) Injection wells defined as Class II wells in subsection 62-528.300(1), F.A.C., are not included in this Chapter. Class II wells are regulated by the Florida Geological Survey under Chapter 377, F.S., and Chapters 62C-26 through 62C-30, F.A.C. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

Effective 10-9-08 6

(3) Specific inclusions. The following wells are included among those types of injection activities that are covered by this Chapter. This list is not intended to be exclusive but is for clarification only.

(a) Any injection well other than a Class II well located on a drilling platform inside Florida’s territorial waters.

(b) Any dug hole or well that is deeper than its largest surface dimension, where a principal function of the hole is emplacement of fluids.

(c) Any well used by generators of hazardous waste, or by owners or operators of hazardous waste management facilities, to dispose of fluids containing hazardous waste. This includes the disposal of hazardous waste into what would otherwise be septic systems and cesspools, regardless of their capacity.

(d) Any septic tank, cesspool, or other well used by a multiple dwelling, community, or regional system for the injection of wastes.

(4) Specific exclusions. The following are not covered by this Chapter:

(a) Injection wells located on a drilling platform or other site that is beyond Florida’s territorial waters.

(b) Any individual or single family domestic waste residential septic system or non-residential septic system receiving only domestic wastewater which has the capacity to serve fewer than twenty persons per day, and which is regulated under Chapter 64E-6, F.A.C.

(d) Any dug hole, drilled hole, or bored shaft that is not used for the subsurface emplacement of fluids.

(e) Any well used in conjunction with the operation of an earth-coupled heat pump system as defined in Rule 62-528.200(20), F.A.C.

Specific Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History – New 8-10-95, Amended 11-20-02.

62-528.200 Underground Injection Control: Definitions.

When used in this Chapter, the following words shall have the indicated meanings unless the context clearly indicates otherwise:

(1) “Abandoned well” means a well the use of which has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose or for observation purposes.

(2) “Acidizing” means the injection of acid through the borehole or “well” into a “formation” to increase permeability and porosity.

(3) “Allowable stress” means the allowable stress for a material is the maximum stress that may be safely applied, which equals the yield-point stress divided by an appropriate factor of safety.

(4) “Annular monitor well” means any pipe or tubing which is permanently placed in the annulus of an injection well to monitor a discrete zon

DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 7 (5) “Annulus” or “Annular Space” means any artificially created void existing between a well casing or liner pipe and a borehole wall or between two casings or between tubing and casing or liner pipe.

(6) “Aquifer” means a geological formation, group of formations or part of a formation that is capable of yielding a significant amount of water to a well or spring.

(7) “Area of review” means the area surrounding an “injection well” described according to the criteria set forth in Rule 62-528.300(4), F.A.C., or in the case of a well field permit, the project area plus a circumscribing area with a fixed width of not less than one mile.

(8) “Casing” means a pipe or tubing of appropriate material, of varying diameter and weight, lowered into a borehole during or after drilling in order to support the sides of the hole and thus prevent the walls from caving, to prevent loss of drilling mud into porous ground, or to prevent water, gas, or other fluid from entering or leaving the hole.

(9) “Catastrophic collapse” means the sudden and utter failure of adjacent or overlying strata which has been caused by removal of underlying materials.

(10) “Cementing” means the operation whereby a cement slurry is pumped into a drilled hole or forced behind the casing.

(11) “Centralizer” means a casing accessory used to properly align a casing within the open hole, or to properly align one casing within another casing, or to properly align a tubing within a casing.

(12) “Cesspool” means a “drywell” that receives untreated sanitary waste containing human excreta, and which sometimes has an open bottom and perforated sides.

(13) “Cluster well” means a well where two or more monitor tubes of different lengths are emplaced within a single borehole to monitor two or more discrete zones.

(14) “Confining bed” means a layer of impermeable or distinctly less permeable material stratigraphically adjacent to one or more aquifers.

(15) “Confining zone” means a geological formation, group of formations, or part of a formation that is capable of limiting fluid movement from an injection zone.

(16) “Contaminant” means any substance which is harmful to plant, animal or human life.

(17) “Conventional mine” means an open pit or underground excavation for the production of minerals.

(18) “Department” means the Department of Environmental Protection or its successor agency or agencies.

(19) “Disposal well” means a well used for the disposal of waste into a subsurface stratum.

(20) “Dry well” means a well, other than an improved sinkhole or subsurface fluid distribution system, completed above the water table so that its bottom and sides are typically dry except when receiving fluids.

(21) “Earth-coupled heat pump system” means any space heating/cooling system in which fluid is circulated through a continuous section of buried pipe such that DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 8

the earth is utilized as a thermal exchange medium, but no fluid is either extracted from or injected into any underground formation.

(22) “Emergency disposal method” is an effluent disposal method that, after prior Department approval and receipt of all appropriate authorizations or permits, is available for short term discharges under emergency conditions when the primary disposal method is inoperable.

(23) “Exempted aquifer” means an aquifer or its portion that meets the criteria in the definition of “underground source of drinking water” but which has been exempted according to the procedures of Rule 62-528.300(3), F.A.C.

(24) “Experimental technology” means a technology which has not been proven feasible under the conditions in which it is being tested.

(25) “Exploratory pilot hole” means a hole drilled for the purpose of obtaining subsurface information or as a guide for the drill bit to follow when drilling the final hole.

(26) “Exploratory well” means a cased well drilled in an area in which there is limited hydrologic and geologic data, to obtain sufficient data to determine the feasibility of using an injection well at the site.

(27) “Facility or activity” means any installation as defined by section 403.031(4), F.S., that is subject to regulation under the Underground Injection Control Program. These terms shall include federal facilities and activities.

(28) “Factor of safety” means the ultimate load divided by the safe load, or the ultimate strength divided by the allowable stress.

(29) “Fault” means a surface or zone of rock fracture along which there has been displacement.

(30) “Flow rate” means the volume per unit time of the flow of fluids which emerge from an orifice, pump, turbine or which pass along a conduit or channel.

(31) “Fluid” means material or substance which flows or moves, whether in a semisolid, liquid, sludge, gas, or any other form or state.

(32) “Formation” means a body of rock characterized by a degree of lithologic homogeneity or similarity which is prevailingly, but not necessarily, tabular and is mappable on the earth’s surface or traceable in the subsurface.

(33) “Formation fluid” means fluid present in a formation under natural conditions as opposed to introduced fluids, such as drilling mud, injected fluids or dilute products of injected fluids.

(34) “Ground water” means water below the land surface in a zone wherein all of the interstices are filled with water.

(35) “Hazardous waste” means a hazardous waste as defined in Rule 62-730.030, F.A.C.

(36) “Hydrogeology” means the branch of hydrology that deals with ground water, its occurrence and movements, its replenishment and depletion, the properties of rocks that control ground water movement and storage, and the methods of investigation and use of ground water.

(37) “Improved sinkhole” means a naturally occurring karst depression or other natural crevice found in volcanic terrain and other geologic settings that has been DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 9

modified by humans for the purpose of directing and emplacing fluids into the subsurface.

(38) “Injection pressure” means the pressure required to inject fluid, as measured at the wellhead.

(39) “Injection well” means a well into which fluids are being or will be injected, by gravity flow or under pressure.

(40) “Injection well system” means the portion of the disposal system from the effluent side or pressure side of the injection pump to the bottom of the injection well.

(41) “Injection zone” means a geological formation, group of formations, or part of a formation receiving fluids directly through a well.

(42) “Lithology” means the description of rocks on the basis of their physical and chemical characteristics.

(43) “Major Class V well” means any Class V, Group 3 well used to inject fluids into or above the lowermost formation containing, within one-quarter mile of the well bore, an underground source of drinking water, any Class V, Group 1 well used to inject fluids through an open loop system or containing additives, or any Class V, Group 2, 4, 5, 7, 8, or 9 well as defined in Rule 62-528.300(1)(e), F.A.C., except swimming pool drainage wells.

(44) “Multihorizon monitor well” means any well which is used to monitor in each of two or more discrete zones.

(45) “Municipal injection well” means an injection well, publicly or privately owned, which is used to inject only fluids that have passed through the head of a permitted domestic wastewater treatment facility and received at least secondary treatment pursuant to Rule 62-600.420, F.A.C.

(46) “New injection well” means a well for which a final construction permit has been issued by the Department and which began injection after April 1, 1982.

(47) “On-site monitor well” means a well associated with an injection well or facility, that is used primarily to monitor fluid movement adjacent to the wellbore or to monitor the effectiveness of the confining beds overlying the injection zone.

(48) “Overdrill” means the amount by which the nominal diameter of the open hole exceeds the diameter of the casing to be set in the hole.

(49) “Owner” means the person, entity, or corporation with legal title to the property on which an injection well exists.

(50) “Packer” means a device lowered into a well to produce a fluid-tight seal.

(51) “Permittee” means the person or entity to which a permit for an injection well or injection well system is issued by the Department. Upon transfer of ownership of the facility, the permittee shall comply with Rule 62-4.120, F.A.C.

(52) “Plugging” means the act or process of stopping the flow of water, oil, or gas into or out of a formation through a borehole or well penetrating that formation.

(53) “Point of injection” means that last accessible sampling point prior to waste fluids being released into the subsurface environment through a Class V injection well. For example, the point of injection of a Class V septic system might be the

DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 10 distribution box, which is the last accessible sampling point before the waste fluids drain into the underlying soils. For a drywell, it is likely to be the well bore itself.

(54) “Radioactive waste” means any waste which contains radioactive material in concentrations which exceed those listed in 10 C.F.R. pt. 20, Appendix B, Table II, Column 2 (1994).

(55) “Regional monitor well” means a well used primarily to monitor the distant effects of injection from one or more injection facilities.

(56) “Sanitary waste” means liquid or solid wastes originating solely from humans and human activities, such as wastes collected from toilets, showers, wash basins, sinks used for cleaning domestic areas, sinks used for food preparation, clothes washing operations, and sinks or washing machines where food and beverage serving dishes, glasses, and utensils are cleaned. Sources of these wastes include single or multiple residences, hotels and motels, restaurants, bunkhouses, schools, ranger stations, crew quarters, guard stations, campgrounds, picnic grounds, day-use recreation areas, other commercial facilities, and industrial facilities provided the waste is not mixed with industrial waste.

(57) “Satellite monitor well” means a well associated with an injection facility that is used primarily to monitor the effects of injection from a single injection well or facility.

(58) “Secretary” means the Secretary of the Department of Environmental Protection.

(59) “Septic system” means a “well” that is used to emplace sanitary waste below the surface and is typically comprised of a septic tank and subsurface fluid distribution system or disposal system.

(60) “Subsidence” means the lowering of the natural land surface in response to: earth movements; lowering of fluid pressure; removal of underlying supporting material by mining or solution of solids, either artificially or from natural causes; compaction due to wetting (hydrocompaction); oxidation of organic matter in soils; or added load on the land surface.

(61) “Subsurface fluid distribution system” means an assemblage of perforated pipes, drain tiles, or other similar mechanisms intended to distribute fluids below the surface of the ground.

(62) “Surface casing” means the first string of well casing to be installed in the well.

(63) “Technical Advisory Committee” means a group of professionals knowledgeable in underground injection control requirements, geology, ground water hydrology, well drilling, geophysical logging, and pollution control, assembled for the purposes of advising the permitting authority on underground injection projects. The composition of the Technical Advisory Committee is specified in Rule 62-528.100(2), F.A.C.

(64) “Test injection well” means the first injection well constructed in a well field, which is used for specific formation testing and to verify the feasibility of the DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 11

injection well system. This well is designed and constructed to be used as an injection well, if injection is proven feasible and environmentally acceptable.

(65) “Tubing” means piping material placed inside the final string of casing to protect the casing and to convey the injected fluid to the injection zone.

(66) “Underground source of drinking water” means an “aquifer” or its portion:

(a) Which supplies drinking water for human consumption, is classified by Rule 62-520.410(1), F.A.C., as Class F-I, G-I or G-II ground water, or contains a total dissolved solids concentration of less than 10,000 mg/L; and

(b) Which is not an exempted aquifer.

(67) “Well” means a bored, drilled or driven shaft, or a dug hole, which has a depth greater than the diameter of the largest surface dimension; or, an improved sinkhole; or, a subsurface fluid distribution system.

(68) “Well casing” means a metallic or non-metallic pipe installed in a borehole to prevent caving, provide structural strength, seal off subsurface zones, or prevent the interchange of waters between aquifers.

(69) “Well injection” means the subsurface emplacement of fluids through a well by gravity flow or under pressure.

(70) “Well log” means a record obtained from a well that provides data on the formations penetrated or well construction.

(71) “Well monitoring” means the measurement, by on-site instruments or laboratory methods, of the physical, chemical, or biological parameters required to evaluate the performance of an injection well system.

(72) “Well plug” means a watertight and gastight seal installed in a borehole or well to prevent movement of fluids.

(73) “Well record” means a concise statement of the available data regarding a well.

(74) “Well stimulation” means any of several processes used to clean the well bore, enlarge channels, and increase pore space in the interval to be injected thus making it possible for injected fluids to move more readily into the formation, and includes surging, jetting, blasting, acidizing, and hydraulic fracturing, or other method approved by the Department. The approval process is described in Rule 62-528.100(2), F.A.C.

Specific Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.031, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History – New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.12, 17-28.120, 62-28.120, Amended 8-10-95, 6-24-97, 11-20-02, 10-9-08.

62-528.300 Underground Injection Control: General Provisions.

(1) Classification of Injection Wells. Injection wells are classified as follows:

(a) Class I.

1. Wells used by generators of hazardous wastes or owners or operators of hazardous waste management facilities to inject hazardous waste beneath the DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 12

lowermost formation containing, within one quarter mile of the well bore, an underground source of drinking water.

2. Other industrial and municipal (publicly or privately owned) disposal wells which inject fluids beneath the lowermost formation containing, within one quarter mile of the well bore, an underground source of drinking water.

3. Radioactive waste disposal wells that inject fluids below the lowermost formation containing an underground source of drinking water within one-quarter mile of the well bore.

(b) Class II. Wells which inject fluids:

1. Which are brought to the surface in connection with conventional oil or natural gas production and may be commingled with waste waters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection.

2. For enhanced recovery of oil or natural gas; and

3. For storage of hydrocarbons which are liquid at standard temperature and pressure.

1. Mining of sulfur by the Frasch process;

2. Solution mining of minerals; (Note-Solution mining of minerals includes sodium chloride, potash, phosphate, copper, uranium and any other mineral which can be mined by this process).

(d) Class IV. Wells used by generators of hazardous wastes or of radioactive wastes, by owners or operators of hazardous waste management facilities, or by owners or operators of radioactive waste disposal sites to dispose of hazardous wastes or radioactive wastes:

1. Into or above a formation which, within one quarter mile of the well, contains either an underground source of drinking water, or an exempted aquifer, or

2. Which cannot be classified as a Class I well under Rule 62-528.300(1)(a), F.A.C., or as a Class IV well under subparagraph 1. above.

(e) Class V. Only injection wells not included in Class I, II, III, or IV are Class V wells, which are grouped together for the purpose of permitting:

1. Group 1 – Thermal Exchange Process Wells.

a. Air conditioning return flow wells used to return to any aquifer the water used for heating or cooling. An air conditioning supply well, heat pump, and return flow well used to inject water into the same permeable zone from which it was withdrawn constitute a closed-loop system;

b. Cooling water return flow wells used to inject water previously used for cooling;

2. Group 2 – Aquifer Recharge Wells.

a. Recharge wells used to replenish, augment, or store water in an aquifer;

b. Salt water intrusion barrier wells used to inject water into a fresh water aquifer to prevent the intrusion of salt water into the fresh water;

DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 13 c. Subsidence control wells (not used for the purpose of oil or natural gas production) used to inject fluids into a zone which does not produce oil or gas to reduce or eliminate subsidence associated with the overdraft of fresh water;

d. Connector wells used to connect two aquifers to allow interchange of water between those aquifers;

3. Group 3 – Domestic Wastewater Wells.

a. Wells which are part of domestic wastewater treatment systems excluding wells which are defined as Class I wells under Rule 62-528.300(1)(a)2., F.A.C., used to discharge effluent or reclaimed water from domestic wastewater treatment facilities;

b. Septic system wells used to inject the waste from a multiple dwelling, business establishment, community, or regional business establishment septic tank. This Chapter does not apply to individual or single family domestic waste residential septic systems nor to non-residential septic systems receiving only domestic wastewater which have the capacity to serve fewer than twenty persons per day, and which are regulated under Chapter 64E-6, F.A.C. Septic system wells receiving nondomestic wastewater shall be considered as Group 4 wells;

4. Group 4 – Nondomestic Wastewater Wells.

a. Dry wells used for the injection of wastes into a subsurface formation;

b. Injection wells associated with an aquifer remediation project;

c. Wells other than Class I or Class IV used to inject radioactive waste, provided the concentrations of the waste do not exceed drinking water standards contained in Chapter 62-550, F.A.C.;

d. Desalination process concentrate wells;

5. Group 5 – Mining or Mineral Extraction Wells.

a. Wells used to inject spent brine into the same formation from which it was withdrawn after extraction of halogens or their salts;

b. Sand backfill wells used to inject a mixture of water and sand, tailings or other solids into mined out portions of subsurface mines;

c. Injection wells used for in situ recovery of phosphate, uraniferous sandstone, clay, sand, and other minerals extracted by the borehole slurry mining method;

6. Group 6 – Stormwater Wells. Wells used to drain surface fluid, primarily storm run-off or for lake level control, into a subsurface formation;

7. Group 7 – Aquifer Storage and Recovery System Wells. Wells associated with an aquifer storage and recovery facility where surface water or ground water is injected and stored for later recovery for potable or nonpotable use. Wells used to store and recover effluent or reclaimed water from a domestic wastewater treatment plant shall be permitted as Group 3 wells.

8. Group 8 – Class V Wells Regulated Under Additional Federal Requirements.

a. Large capacity cesspools including multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes, containing human excreta, which have an open bottom and sometimes perforated sides. The UIC DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 14

requirements do not apply to single family residential cesspools nor to non-residential cesspools that receive solely sanitary waste and have the capacity to serve fewer than 20 persons a day;

b. Motor vehicle waste disposal wells that receive or have received fluids from vehicular repair or maintenance activities, such as an auto body repair shop, automotive repair shop, new or used car dealership, specialty repair shop (e.g., transmission and muffler repair shop), or any facility that does any vehicular repair work. Fluids disposed in these wells may contain organic and inorganic chemicals in concentrations that exceed the maximum contaminant levels (MCLs) established by the primary drinking water regulations (see 40 CFR part 142). These fluids also may include waste petroleum products and may contain contaminants, such as heavy metals and volatile organic compounds, which pose risks to human health;

9. Group 9 – Other Class V Wells.

a. Exploratory wells;

b. Injection wells associated with the recovery of geothermal energy for heating, aquaculture and production of electric power;

c. Swimming pool drainage wells;

d. Injection wells used in experimental technologies; and

e. Other wells.

(2) Identification of Underground Sources of Drinking Water. The Department will identify by narrative description, illustrations, maps, and other means and shall protect, except where exempted under Rule 62-528.300(3), F.A.C., as an underground source of drinking water, all aquifers or parts of aquifers which meet the definition of an “underground source of drinking water” in Rule 62-528.200(66), F.A.C. Even if an aquifer has not been specifically identified by the Department, it is an underground source of drinking water if it meets the definition in Rule 62-528.200(66), F.A.C., and the criteria in Rule 62-520.410(1), F.A.C.

(3) Identification of and Criteria for Exempted Aquifers.

(a) After notice and opportunity for a public hearing as provided by Rules 62-528.315 through .330, F.A.C., the Department shall identify (by narrative description, illustrations, maps, or other means) and describe in geographic or geometric terms (such as vertical and lateral limits and gradient) which are clear and definite, all aquifers or parts thereof which the Department proposes to designate as exempted aquifers using the criteria in (c) below. No such designation shall be final until approved by the United States Environmental Protection Agency as part of the State program.

(b) Subsequent to program approval, the Department may, after notice and opportunity for a public hearing, identify additional exempted aquifers. Exemption of aquifers identified under (c)2. below are considered major aquifer exemptions and shall be treated as a program revision subject to the provisions of 40 C.F.R. pt. 145.32 (1994) and requiring public notice in the Federal Register. Exemption of aquifers identified under (c)3. below are considered minor aquifer exemptions and shall become final if the Department submits the exemption in writing to the Environmental Protection Agency Administrator, or an authorized delegatee, and the Administrator, or an authorized DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 15

delegatee, has not disapproved the designation within 45 days. Any disapproval by the Administrator shall state the reasons and shall constitute final Environmental Protection Agency action for purposes of judicial review.

(c) To be an exempted aquifer, an aquifer or a portion thereof which meets the criteria for an “underground source of drinking water” in Rule 62-528.200(66)(a), F.A.C., shall meet the following criteria:

1. It does not currently serve as a source of drinking water; and

2. It cannot now and will not in the future serve as a source of drinking water because:

a. It is mineral, hydrocarbon, or geothermal energy producing, or can be demonstrated by a permit applicant for a Class III operation to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible;

b. It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical;

c. It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or

d. It is located over a Class III well mining area subject to subsidence or catastrophic collapse, or

3. The total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/L and it is not reasonably expected to be or become a supply of drinking water; and

4. Has satisfied the following requirements in accordance with paragraph (b) above:

a. A major aquifer exemption has been approved by the Environmental Protection Agency; or

b. A minor aquifer exemption has not been disapproved by the Environmental Protection Agency.

(d) For Class III wells, the Department shall require an applicant for a permit which necessitates an aquifer exemption under (c)2.a. above to furnish the data necessary to demonstrate that the aquifer is expected to be mineral or hydrocarbon producing. Information contained in the mining plan for the proposed project, such as a map and general description of the mining zone, general information on the mineralogy and geochemistry of the mining zone, analysis of the amenability of the mining zone to the proposed mining method, and a timetable of planned development of the mining zone shall be considered by the Department in addition to the information required by Rule 62-528.450(2), F.A.C. Approval of the aquifer exemption shall be treated as a program revision.

(e) No aquifer exemption request shall be processed until the Department has received the appropriate fee as specified in Rule 62-4.050(4)(o)5. or 6., F.A.C.

(4) Area of Review.

(a) An area of review, which shall apply to each Class I and Class III well, well field, project or area of the State, and for a Class V injection well when required, shall DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 16

be determined by the applicant in a manner that shall take into account the zone of endangering influence, which is the lateral area in which the buoyant forces or increased pressures in the injection zone may cause the migration of the injected or formation fluid into an underground source of drinking water. The area of review is the land surface overlying the zone of endangering influence.

(b) In determining the area of review, the information to be used shall include chemical, physical, and biological characteristics of the injection fluids and formation fluids; hydrogeology; appropriate mathematical models, if available, for computing pressure and concentration changes in the injection zone as a function of distance and time; population; ground water use and dependence; and historical practices in the area. A radius around the injection well of one mile, or two miles for a hazardous waste well, shall be a minimum. In the case of an application for a well field project, a fixed width of not less than one mile for the circumscribing area shall be a minimum.

(5) Corrective Action.

(a) Coverage. Applicants for Class I or Class III injection well permits shall identify, and for any Class V well permit when required by the Department shall identify, the location of all known wells within the area of review for that injection well which penetrate the injection zone or confining zone. For such wells which are in use or improperly sealed, completed, or abandoned, the applicant shall also submit a plan specifying plugging and abandonment, pressure limitations, or such actions or modifications as are necessary to prevent movement of fluid into underground sources of drinking water (“corrective action”). Where the plan is adequate, the Department shall incorporate it into the permit as a condition. Where the Department’s review of an application indicates that the applicant’s plan is inadequate (based on the factors in (b) below) the Department shall require the applicant to revise the plan, prescribe a plan for corrective action as a condition of the permit under (b) below, or deny the application. In no case shall the Department issue a permit without incorporating a plan for corrective action in such permit when such corrective action is required by this subsection.

(b) Criteria and Factors. In determining the adequacy of corrective action proposed by the application under paragraph (a) of this subsection and in determining 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, volume, and injection rate of the injected fluid;

2. Nature of native 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 for all wells;

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

9. Hydraulic connections with underground sources of drinking water;

10. Life of injection well; and

DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 17 11. Pressure considerations.

1. Existing Injection Wells. Any permit issued for an existing injection well requiring corrective action shall include a compliance schedule requiring any corrective action accepted or prescribed under paragraph (a) of this subsection. In addition, schedules of compliance shall require compliance as soon as possible, but not later than three years after the effective date of the permit.

2. New Injection Wells. No owner or operator of a new injection well shall begin injection until all required corrective action has been completed. The Department shall not authorize construction of a new injection well prior to the completion of all required action unless the applicant can affirmatively demonstrate that such construction will not pose a threat to the quality of the waters of the State. However, operational testing pursuant to Rule 62-528.450(3), F.A.C., shall not be authorized until all corrective action has been completed.

3. If needed to prevent fluid movement into an underground source of drinking water, the Department shall require as a permit condition that injection pressure be so limited that pressure in the injection zone at the site of any improperly completed or abandoned well in the area of review does not exceed a pressure which could cause fluid movement into an underground source of drinking water. This pressure limitation shall satisfy the corrective action requirement. Alternatively, such injection pressure limitation can be part of a compliance schedule and last until all other corrective action has been taken. The Department shall consider alternative methods of control which prevent fluid movement into underground sources of drinking water through wells which are improperly sealed, completed or abandoned within the area of review.

4. Class III Wells Only. When setting corrective action requirements, the Department shall consider 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 necessarily based on the determinations above, the monitoring program required in Rule 62-528.425(2), F.A.C., shall be designed to verify the validity of such determinations.

(6) Mechanical Integrity.

(a) An injection well has mechanical integrity if:

1. There is no leak in the casing, tubing or packer; and

2. There is no fluid movement into an underground source of drinking water through channels adjacent to the injection well bore.

(b) One of the following tests shall be used to evaluate the absence of leaks under subparagraph (a)1. of this subsection.

1. Monitoring of the tubing-casing annulus pressure with sufficient frequency to be representative, as determined by the Department, while maintaining an annulus pressure different from atmospheric pressure measured at the surface, after an initial pressure test pursuant to subparagraph 2. and paragraph (e) of this subsection; or

2. Pressure test of inner casing or tubing. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 18

(c) The following methods shall be used to determine the absence of fluid movement under subparagraph (a)2. A temperature or noise log, and a radioactive tracer survey. The radioactive tracer survey shall not be required by the Department if such testing may pose a threat to an underground source of drinking water.

(d) The Department shall allow the use of a test to demonstrate mechanical integrity, other than those listed in paragraphs (b) and (c) above, with the written approval of the United States Environmental Protection Agency. (The permittee proposes the alternative to the Department, and the Department seeks the approval from EPA.) If the Environmental Protection Agency has published in the

Federal Register an alternative mechanical integrity test method, only written Department approval shall be required before conducting alternative mechanical integrity tests to those specified in (b) and (c) above. The Department approval process is described in Rule 62-528.100(2), F.A.C.

(e) A pressure test required under paragraph (b) above shall be conducted with a liquid at a minimum pressure of 1.5 times the maximum pressure at which the well is to be permitted, or 50 PSI, whichever is higher, for at least one hour. Internal mechanical integrity under subparagraph (a)1. above is demonstrated if there is no more than a five-percent pressure change over the one-hour test period. The pressure used to test wells constructed using tubing and packer shall not exceed the design specifications of the tubing or packer.

(f) In conducting and evaluating the tests enumerated in this rule or others to be allowed by the Department, the permittee and the Department shall apply methods and standards generally accepted in the industry. When the permittee reports the results of mechanical integrity tests to the Department, a description of the test(s), method(s) used, and interpretation of the results shall be included. In making the evaluation, the Department shall review monitoring and other test data submitted since the previous evaluation.

(g) The Department shall require additional or alternative mechanical integrity tests in accordance with 40 C.F.R. §146.8(f) (1996).

(h) A permit for any Class I or III well or injection project which lacks mechanical integrity shall include, and for any Class V well may include, a condition prohibiting injection operations until the permittee affirmatively demonstrates under Rule 62-528.300(6)(a)-(c), F.A.C., that the well has mechanical integrity, or the permittee affirmatively demonstrates that there is no movement of fluid into or between underground sources of drinking water.

(7) Confidential Information. In addition to the provision in section 403.111, F.S., claims of confidentiality for the following information shall be denied:

(a) The name and address of any permit applicant or permittee, and

(b) Information which deals with the existence, absence, or level of contamination in drinking water.

(8) Quality Assurance/Quality Control. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 19

(a) All water quality sampling and analyses associated with Class I, Class III, and Class IV injection wells shall be in accordance with a current Department approved quality assurance plan under Rules 62-160.210 and .300(7)(g) through (k), F.A.C.

(b) All Class V injection wells requiring water quality analyses to be performed shall be in accordance with a current Department approved comprehensive quality assurance plan under Rules 62-160.210 and .300(6), F.A.C.

(9) Reuse Requirements.

(a) This subsection applies only to those Class I municipal wells located within, serving a population within, or associated with a domestic wastewater treatment facility located within a water resource caution area as described in Chapter 62-40, F.A.C.

(b) If, after conducting a reuse feasibility study under section 403.064(2), F.S., a permit applicant determines that the reuse of reclaimed water is feasible, the permittee shall implement reuse according to the schedule for implementation contained in the study conducted under section 403.064, F.S., to the degree that reuse is determined to be feasible.

(c) Nothing in this paragraph shall limit the use of a Class I municipal injection well as backup for a reclaimed water reuse system.

Specific Authority 373.309, 403.061, 403.087, 403.721 F.S. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.064, 403.087, 403.088, 403.161, 403.702, 403.721 F.S. History – New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.13, Amended 8-30-88, Formerly 17-28.130, 62-28.130, Amended 8-10-95, 6-24-97, 11-20-02.

62-528.305 Underground Injection Control: Permit Processing.

The time frames in Rule 62-4.055, F.A.C., shall apply to underground injection control permits. However, the failure of the Department to approve or deny a permit for an underground injection well within the 90-day time period shall not result in the automatic approval or denial of the permit and shall not prevent the inclusion of specific permit conditions which are necessary to ensure compliance with applicable statutes or rules. If the Department fails to approve or deny such a permit within the 90-day period, the applicant may petition for a writ of mandamus to compel the Department to act consistently with applicable regulatory requirements.

Specific Authority 373.309, 403.061, 403.087 F.S. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.0876 F.S. History – New 12-3-84, Formerly 17-28.14, 17-28.140, 62-28.140, Amended 8-10-95.

62-528.307 Underground Injection Control: General Conditions for Permits.

The following general conditions shall be included in each of the respective types of underground injection control permits.

(1) All UIC Permits. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 20

(a) The terms, conditions, requirements, limitations and restrictions set forth in this permit are “permit conditions” and are binding and enforceable pursuant to section 403.141, F.S.

(b) This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action.

(c) As provided in subsection 403.087(7), F.S., the issuance of this permit does not convey any vested rights or exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total project which are not addressed in this permit.

(d) This permit conveys no title to land, water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title.

(e) This permit does not relieve the permittee from liability for harm to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefrom; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department.

(f) The permittee shall properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, or are required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules.

(g) The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of credentials or other documents as may be required by law and at reasonable times, access to the premises where the permitted activity is located or conducted to:

1. Have access to and copy any records that must be kept under conditions of this permit;

2. Inspect the facility, equipment, practices, or operations regulated or required under this permit; and

3. Sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules.

Reasonable time will depend on the nature of the concern being investigated.

(h) If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following inform

DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 21 1. A description of and cause of noncompliance; and

2. The period of noncompliance, including dates and times; or, if not corrected the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent the recurrence of the noncompliance. The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit.

(i) In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except where such use is proscribed by sections 403.111 and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules.

(j) The permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules.

(k) This permit is transferable only upon Department approval in accordance with rules 62-4.120 and 62-528.350, F.A.C. The permittee shall be liable for any non-compliance of the permitted activity until the transfer is approved by the Department.

(l) This permit or a copy thereof shall be kept at the work site of the permitted activity.

(m) The permittee shall comply with the following:

1. Upon request, the permittee shall furnish all records and plans required under Department rules. During enforcement actions, the retention period for all records shall be extended automatically unless the Department determines that the records are no longer required.

2. The permittee shall hold at the facility or other location designated by this permit records of all monitoring information (including calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation) required by the permit, copies of all reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least three years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule.

3. Records of monitoring information shall include:

a. the date, exact place, and time of sampling or measurements;

b. the person responsible for performing the sampling or measurements;

c. the dates analyses were performed;

d. the person responsible for performing the analyses;

e. the analytical techniques or methods used;

f. the results of such analyses. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 22

4. The permittee shall furnish to the Department, within the time requested in writing, any information which the Department requests to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit.

5. If the permittee becomes aware that relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly.

(n) All applications, reports, or information required by the Department shall be certified as being true, accurate, and complete.

(o) Reports of compliance or noncompliance with, or any progress reports on, requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each scheduled date.

(p) Any permit noncompliance constitutes a violation of the Safe Drinking Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.

(q) It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

(r) The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this permit.

(s) This permit may be modified, revoked and reissued, or terminated for cause, as provided in 40 C.F.R. sections 144.39(a), 144.40(a), and 144.41 (1998). The filing of a request by the permittee for a permit modification, revocation or reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

(t) The permittee shall retain all records of all monitoring information concerning the nature and composition of injected fluid until five years after completion of any plugging and abandonment procedures specified under rule 62-528.435, F.A.C. The permittee shall deliver the records to the Department office that issued the permit at the conclusion of the retention period unless the permittee elects to continue retention of the records.

(u) All reports and other submittals required to comply with this permit shall be signed by a person authorized under rules 62-528.340(1) or (2), F.A.C. All reports shall contain the certification required in rule 62-528.340(4), F.A.C.

(v) The permittee shall notify the Department as soon as possible of any planned physical alterations or additions to the permitted facility. In addition, prior approval is required for activities described in rule 62-528.410(1)(h).

(w) The permittee shall give advance notice to the Department of any planned changes in the permitted facility or injection activity which may result in noncompliance with permit requirements.

(x) The permittee shall report any noncompliance which may endanger health or the environment including: DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 23

1. Any monitoring or other information which indicates that any contaminant may cause an endangerment to an underground source of drinking water; or

2. Any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between underground sources of drinking water.

Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

(2) All UIC Construction Permits.

(a) If injection is to continue beyond the expiration date of this permit the permittee shall apply for, and obtain an operation permit. If necessary to complete the two-year operational testing period, the permittee shall apply for renewal of the construction permit at least 60 days prior to the expiration date of this permit.

(b) Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures.

(c) The injection system shall be monitored in accordance with rules 62-528.425(1)(g) and 62-528.430(2), F.A.C. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.

(d) The permittee shall submit monthly to the Department the results of all injection well and monitor well data required by this permit no later than the last day of the month immediately following the month of record. The results shall be sent to the Department of Environmental Protection, [Name]District Office, [Address]. A copy of this report shall also be sent to the Department of Environmental Protection, Underground Injection Control Program, MS 3530, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(e) Operational testing. Prior to operational testing, the permittee shall comply with the requirements of rule 62-528.450(3)(a),(b), and (c), F.A.C.

(f) Mechanical Integrity.

1. Injection is prohibited until the permittee affirmatively demonstrates that the well has mechanical integrity. Prior to operational testing the permittee shall establish, and thereafter maintain the mechanical integrity of the well at all times.

2. If the Department determines that the injection well lacks mechanical integrity, written notice shall be given to the permittee.

3. Within 48 hours of receiving written notice that the well lacks mechanical integrity, unless the Department requires immediate cessation of injection, the permittee shall cease injection into the well unless the Department allows continued injection pursuant to subparagraph 4 below. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 24

4. The Department shall allow the permittee to continue operation of a well that lacks mechanical integrity if the permittee has made a satisfactory demonstration that fluid movement into or between underground sources of drinking water is not occurring.

(3) All UIC Operation Permits.

(a) In accordance with rules 62-4.090(1) and 62-528.455(3)(a), F.A.C., the permittee shall submit an application for permit renewal at least 60 days prior to expiration of this permit.

(d) The permittee shall submit monthly to the Department the results of all injection well and monitor well data required by this permit no later than the last day of the month immediately following the month of record. The results shall be sent to the Department of Environmental Protection, [Name] District Office, [Address]. A copy of this report shall also be sent to the Department of Environmental Protection, Underground Injection Control Program, MS 3530, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(e) Mechanical Integrity.

1. The permittee shall maintain the mechanical integrity of the well at all times.

2. If the Department determines that the injection well lacks mechanical integrity, written notice shall be given to the permittee.

(4) All UIC Plugging and Abandonment Permits.

(a) The well shall be plugged and abandoned in a manner that will not allow fluid movement into or between underground sources of drinking water.

(b) In accordance with rule 62-528.435(11), F.A.C., the permittee shall submit to the Department a plugging and abandonment report within 90 days of completion of plugging and abandonment.

Specific Authority 403.061, 403.087, 403.088 FS. Law Implemented 403.061, 403.087, 403.088 FS. History – New 7-15-99.

DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 25 62-528.310 Underground Injection Control: Draft Permit.

(1) Once an application for a Class I, Class III, or major Class V well is complete, the Department shall prepare a draft permit or intent to deny the permit.

(2) If the Department prepares a draft permit, it shall contain the following information:

(a) The applicable general permit conditions under rule 62-528.307, F.A.C., and specific permit conditions under this Chapter;

(b) All compliance schedules under Rules 62-528.300(5)(c) and 62-528.345, F.A.C.; and

(3) All draft permits prepared by the Department under this section shall be accompanied by a fact sheet pursuant to Rule 62-528.335, F.A.C., and shall be based on the administrative record, shall be publicly noticed pursuant to Rule 62-528.315, F.A.C., and made available for public comment pursuant to Rule 62-528.321, F.A.C. The Department shall give notice of an opportunity for a public meeting pursuant to Rule 62-528.325, F.A.C., and respond to comments pursuant to Rule 62-528.330, F.A.C.

Specific Authority 373.309, 403.061, 403.087 F.S. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.0876 F.S. History – New 8-10-95, Amended 7-15-99.

62-528.315 Underground Injection Control Requirements for Public Notice.

(1) For Class I, Class III, or major Class V wells, the Department shall give public notice that the following actions have occurred:

(a) A draft permit for construction, operation, or plugging and abandonment under Rule 62-528.310, F.A.C., has been prepared.

(b) A draft consent order, or other non-procedural order which has not yet been subjected to a notice of intended agency action has been prepared.

(2) No public notice is required when a request for a permit, including modifications, revocation, reissuance or termination, is denied. Written notice of that denial shall be given to the requester and to the permittee.

(3) Public notices may describe more than one permit or permit action.

(4) Public notice of the preparation of a draft permit shall allow at least 30 days for public comment.

(5) Public notice of a public meeting shall be given at least 30 days before the meeting. Public notice of the meeting may be given at the same time as public notice of the draft permit, or the two notices may be combined.

(6) Public notice of the activities described in subsection (1) above shall be given by the following methods:

(a) By mailing a copy of the notice to the following persons (any person otherwise entitled to receive notice under this subsection may waive his or her rights to DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 26

receive notice if he or she specifically waives his or her rights in response to the public notice for any classes and categories of permits; agencies listed in subparagraphs 2 through 4 below waive their right to receive notice if they specifically waive their rights in response to the Department’s request to remain on the mailing list):

1. The applicant;

2. Any other agency which the Department knows has issued or is required to issue a permit under Resource Conservation and Recovery Act, National Pollutant Discharge Elimination System, section 404 of the Clean Water Act, Prevention of Significant Deterioration (or other permit under the Clean Air Act), sludge management permit, or ocean dumping under the Marine Research Protection and Sanctuaries Act for the same facility or activity (including the U.S. Environmental Protection Agency);

3. Federal and state agencies in Florida with jurisdiction over fish, shellfish and wildlife resources, and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation officers, and any affected state including Indian Tribes;

4. For Class I injection well permits, state and local oil and gas regulatory agencies and state agencies regulating mineral exploration and recovery;

5. Persons on a Department mailing list which is to be developed by:

a. Including those who request in writing to be on the list;

b. Soliciting persons for a Department District office list from those participants in past permit proceedings in that district;

c. Notifying the public of the opportunity to be on a mailing list through periodic publication in the public press and in such publications as regional or state funded newsletters, environmental bulletins, or state law journals. The Department shall update the mailing list from time to time by requesting written indication of continued interest from those listed.

6. The primary unit of local government having jurisdiction over the area where the facility is proposed to be located;

7. Each state agency having any authority under state law with respect to the construction or operation of such facility.

(b) A notice in a daily or weekly newspaper having general circulation within the area affected by the facility or activity; and

(c) Any other method reasonably calculated to give actual notice of the action in question to a person potentially affected by it, including press releases or any other forum or medium to elicit public participation.

(7) All public notices issued under this section are prepared by the Department and shall at a minimum contain the following information:

(a) Name and address of the office processing the permit action for which the notice is being given;

(b) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;

(c) A brief description of the business conducted at the facility or activity described in the permit application or draft permit; DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 27

(d) Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit, statement of basis or fact sheet, and the application, and

(e) A brief description of the comment procedures described in Rules 62-528.321 and .325, F.A.C., and the time and place of any public meeting that will be held, including a statement of procedures to request a meeting (unless a meeting has already been scheduled) and other procedures by which the public may participate in the final permit decision.

(f) Any additional information considered necessary to fulfill the purpose of the notice.

(8) Public notices for public meetings. In addition to the general public notice described in (7) above, the public notice of a meeting under Rule 62-528.325, F.A.C., shall contain the following:

(a) Reference to the date of any previous public notices relating to the permit;

(b) Date, time, and place of the meeting;

(9) In addition to the general public notice described in subsection (7) above, all persons who receive notice under subparagraphs (6)(a)2 and 3 above shall be mailed a copy of the permit application (if any) without supporting documentation, and all persons who receive notice under subparagraphs (6)(a)1, 2, and 3 above shall be mailed a copy of the notice of draft permit (if any) by the Department.

(10) After the conclusion of the public comment period described in Rule 62-528.321, F.A.C., and after the conclusion of a public meeting (if any) described in Rule 62-528.325, F.A.C., the applicant shall publish public notice of the proposed agency action including the availability of an administrative hearing under sections 120.569 and 120.57, F.S. This public notice shall follow the procedure described in Rule 62-110.106(7), F.A.C.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 120.60, 373.308, 403.061, 403.062 FS. History – New 8-10-95, Amended 6-24-97.

62-528.320 Class I – Exploratory Well Construction and Testing Permit.

Specific Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.088, 403.161, 403.702, 403.721 FS. History – New 4-1-82, Amended 5-8-85,. Previously numbered as 17-28.32, Formerly 17-28.320, Formerly 62-28.320, Repealed 8-10-95.

62-528.321 Public Comments and Requests for Public Meetings for Underground Injection Control.

During the public comment period provided in Rule 62-528.315, F.A.C., any interested person may submit written comments on the draft permit or the enforcement action, and may request a public meeting, if no meeting has been scheduled. A request for public meeting shall be in writing and shall state the nature of the issues proposed to be raised DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 28

in the meeting. All comments shall be considered in making the final decision and shall be answered as provided in Rule 62-528.330, F.A.C.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.061, 403.062 FS. History – New 8-10-95.

62-528.325 Public Meetings for Underground Injection Control.

(1) The Department shall hold a public meeting in the area where the injection well is located whenever it finds, on the basis of requests, a significant degree of public interest in a draft permit;

(2) The Department shall also hold a public meeting in the area where the injection well is located whenever such a meeting may clarify one or more issues involved in the permit decision;

(3) Public notice of the meeting shall be given as specified in Rule 62-528.315, F.A.C.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.061, 403.062, 403.087, 403.121 FS. History – New 8-10-95.

62-528.330 Underground Injection Control: Response to Public Comment.

At the time that a final permit is issued for Class I, Class III, and major Class V wells, the Department shall issue a written response to comments and make the response available to the public. This response shall:

(1) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and

(2) Briefly describe and respond to all significant comments on the draft permit raised during the public comment period or any public meeting.

Specific Authority 373.309, 403.087 FS. Law Implemented 373.308, 403.087 FS. History – New 8-10-95.

62-528.335 Underground Injection Control: Fact Sheet.

(1) The Department shall prepare a fact sheet for every draft permit for a Class I, Class III, or major Class V facility or activity and for every draft permit which the Department finds is the subject of widespread public interest or raises major issues. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. The Department shall send this fact sheet to the applicant and, on request, to any other person.

(2) The fact sheet shall include, when applicable:

(a) A brief description of the type of facility or activity which is the subject of the draft permit;

DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 37 flow rate of not less than the maximum design capacity of the well, and of such duration that can demonstrate the trend of the injection pressure on the long-term operating conditions. If an adequate water supply for the injection test does not exist, and the data collected during drilling provide assurance of the presence of confining bed(s), the applicant shall, after demonstrating mechanical integrity pursuant to Rules 62-528.300(6)(b)2. and (c), F.A.C., be allowed to use secondarily treated domestic wastewater effluent after disinfection or desalination concentrate for testing only with specific prior written authorization from the Department as described in Rule 62-528.100(2), F.A.C. Methods to be considered for testing the injection zone include:

1. Water samples

2. Withdrawal tests

3. Video television survey

4. Lithologic cores

5. Drill cuttings

6. Geophysical surveys such as:

a. Resistivity survey

b. Natural gamma-ray

c. Fluid conductance survey

d. Caliper survey

e. Static and pumping temperature survey

f. Static and pumping spinner flowmeter

g. Acoustic velocity

h. Porosity survey

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.721 FS. History – New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.21, 17-28.210, 62-28.210, Amended 8-10-95, 6-24-97.

62-528.410 Well Construction Standards for Class I and III Wells.

(1) General Design Considerations.

(a) All Class I and III wells shall be cased and cemented to prevent the movement of fluids into or between underground sources of drinking water, and to maintain the ground water quality in aquifers above the injection zone that may be used for monitoring or other purposes.

(b) All Class I wells shall be designed and constructed so that they inject into a formation which is beneath the lowermost formation containing, within one quarter mile of the well bore, an underground source of drinking water.

(c) In the design specifications for a Class I well, the applicant shall address the problem of corrosion, proposed protective measure(s), and, when appropriate, proposed methods of monitoring. The applicant shall consider thickness and type of cement, number and thickness of casings, casing material, casing coatings, formation fluid (water) quality, injection fluid quality and life expectancy of the well.

(d) For Class I wells all outer surfaces of uncemented casings or portions of casings shall be coated or otherwise protected against corrosion. This protection shall DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 38

extend for a minimum distance of thirty feet above and below the uncemented portion of the casing.

(e) All Class I injection wells except those municipal wells (publicly or privately owned) injecting noncorrosive wastes, shall inject fluids through tubing with a packer set immediately above the injection zone, or tubing with an approved fluid seal as an alternative. All existing non-municipal wells constructed without tubing and packer or a fluid seal shall modify their design to incorporate a tubing and packer or fluid seal no later than July 1, 1997, or cease injection unless an alternative to a packer has been approved by the Department under subparagraph 1 below. Existing wells receiving non-municipal waste through a tubing and packer shall not be allowed to remove the tubing and packer as long as injection of non-municipal waste continues unless an alternative to a packer has been approved by the Department under subparagraph 1 below. The tubing, packer, and fluid seal shall be designed for the expected service.

1. The use of other alternatives to a packer shall be allowed with the written approval of the Department. To obtain approval, the applicant shall submit to the Department a written request which shall set forth the proposed alternative and all technical data supporting its use. The Department shall approve the request if the applicant demonstrates that the alternative method will reliably provide a comparable level of protection to underground sources of drinking water.

2. In determining and specifying requirements for tubing, packer, or alternatives, the following factors shall be considered:

a. Depth of setting;

b. Characteristics of injection fluid (chemical content, corrosiveness, and density);

c. Injection pressure;

d. Annular pressure;

e. Rate, temperature and volume of injected fluid; and

f. Size of casing.

(f) For Class I wells the following designs are not allowed:

1. Annuli between casings open to the land surface in any injection well, and

2. Monitoring tubes emplaced and cemented in the annulus adjacent to the innermost or injection string of casing.

(g) For all Class I wells, the applicant shall address potential surge and water hammer protection to protect the safety and integrity of any injection well system.

(h) Department approval, as described in Rule 62-528.100(2), F.A.C., is required prior to any of the following:

1. Remedial procedures that alter the basic design specifications, materials, or character of a Class I or III well;

2. Any work requiring the complete removal of the wellhead; or

3. Any injection of fluids other than those authorized under the existing permit.

(2) Exploratory Pilot Hole. The Department shall require an exploratory pilot hole in any Class I well, or for Class III wells, at any proposed injection well site, and DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 39

shall require that the hole be drilled in stages. The Department shall waive the requirements of this subsection if the applicant can demonstrate that they are not needed to protect underground sources of drinking water and that waiving the requirements will not adversely affect the successful construction or operation of the well.

(3) Drilling. A step-by-step drilling plan shall be included in the design specifications for Class I and III wells. The drilling plan shall specify the proposed drilling program, sampling, coring, and testing procedures, and is subject to Department approval.

(a) For Class I wells, a deviation survey shall be run in the pilot hole at least every ninety feet (every three joints) of the portion of the well which is to be cased and at more frequent intervals when necessary to ensure that the casing can be set and centered for cementing. The maximum deviation at each measurement shall not exceed one degree deviation from vertical. The Department recognizes that the design requirements in this section are not necessary in all cases. The Department shall modify these requirements in the construction permit provided that the applicant submits proof that such modification will not adversely affect the successful construction and future operation of the well.

(b) For Class I wells, the Department shall require directional surveys, if, after an analysis of the well design and drilling program, it is needed to verify that the reamed hole has followed the pilot hole. The directional survey shall be conducted during drilling or in the pilot hole and the reamed hole as separate surveys before installation of the casing.

(c) The Department shall require the applicant to demonstrate that when salt is used for density control during drilling it will not adversely affect the establishment of background water quality for monitoring purposes.

(4) Casings.

(a) The casings used in the construction of each newly drilled Class I and III well shall be designed for the life expectancy of the well, and shall be new and unused for Class I wells.

(b) The number, thickness, type of materials, and length of casing shall be sufficient to protect the quality of drinking water resources and the integrity of the well and the confining strata. The final string of casing shall be made of seamless mild steel pipe having a minimum 0.500 inch wall thickness. An applicant who proposes to use pipe composed of other than 0.500 inch wall seamless mild steel for the final casing shall demonstrate that the proposed material and thicknesses will not compromise the integrity or operation of the well.

(c) Exact setting depths of all casings or tubing shall be determined from field data, based on all available information. Department approval shall be obtained prior to installation of the injection casing and the casing which extends to the base of the underground source of drinking water. In order to obtain approval, the permittee shall submit a request to the Department. The Department shall approve the request if the DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 40

proposed setting depth of the casing or tubing meets the requirements of this Chapter and will not adversely affect the operation of the injection well.

(5) Cementing.

(a) The applicant shall submit the proposed cementing program with the design specifications for Class I or III wells. The cement used in the construction of each newly drilled well shall be designed for the life expectancy of the well. In determining and specifying casing and cementing requirements, the following factors shall be considered:

1. Depth to the injection zone;

2. Injection pressure, external pressure, internal pressure, and axial loading;

3. Hole size;

4. Size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification, and construction material);

5. Corrosiveness of injected fluid, formation fluids, and temperatures;

6. Lithology of injection and confining zones; and

7. Type or grade of cement.

(b) Cement must be compatible with the injection fluid, native fluids, and the formation, but in no case less than the quality of American Society of Testing and Materials Type 2 or its equivalent (Standard Specification for Portland Cement, American National Standards Institute/American Society of Testing and Materials C 150-94, 1994, which is incorporated herein by reference).

(c) Applicants shall submit with the design specifications, a list of cement additives which may be needed in the operation. If an additive is not in the design specifications, the applicant shall obtain prior approval for its use from the Department, as described in Rule 62-528.100(2), F.A.C. Accurate records shall be kept and all additives used shall be reported.

(d) During drilling, the use of cement additives approved in (c) above, water/cement ratio, and the type of water used for mixing shall be determined by the applicant, provided the integrity, containment, corrosion protection, and structural strength of the cement are not significantly affected.

(e) Prior to cementing, the hole shall be conditioned to create optimum bonding of the cement to the casing and formation and to prevent channeling.

(f) Cement placement shall be in such a manner that the purposes and characteristics of the cement are retained, and shall be in accordance with “AWWA Standard for Water Wells”, American Water Works Association A100-90, 1990, which is incorporated herein by reference.

(g) The applicant shall submit his cement testing program with the permit application. The purpose of the cement testing program is to ensure that the cement seal is adequate to prevent migration of fluids in channels, microannular space, or voids in the cement. The methods of testing include:

1. Temperature Survey – shall be run within forty-eight hours after cementing;

2. Cement Evaluation Survey. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 41

(h) During cementing, adequate pressure differentials shall be maintained to prevent collapse or distortion of the casing.

(i) Class I wells.

1. The final string of casing shall have a nominal overdrill of ten inches unless the applicant can affirmatively demonstrate that an overdrill of not less than five inches is sufficient. The annulus surrounding the final string of casing shall have a nominal five inch cement thickness from the bottom of the casing to land surface. The Department recognizes that these design requirements may not be necessary in all cases. The Department shall modify these requirements in the construction permit if the applicant submits proof that such modification will not adversely affect the successful construction and future operation of the well in such a way as to threaten an underground source of drinking water with contamination.

2. The remaining casings shall have a minimum thickness of 2.500 inches of cement surrounding the casings with not less than five inches of overdrill. A nominal ten inch overdrill shall be required with any intermediate string of casing for which an annular monitor tube of up to 2.375 inches maximum outer diameter is to be emplaced. Commensurate increases in the overdrill shall be required for monitor tubes larger than 2.375 inches in outer diameter.

3. The applicant shall include with the cementing program a centralizing program for the purpose of centralizing the casing, to provide adequate annular space around the casing for proper cementing.

(6) Testing During Drilling and Construction of New Class I Wells.

(a) Geophysical surveys and other tests shall be conducted during the drilling and construction of new Class I wells. A descriptive report interpreting the results of such geophysical surveys and tests shall be presented to the Technical Advisory Committee during in-progress reviews, as part of periodic progress reports, or in letter form as appropriate. Such reports shall include field copies of the surveys and test data and analysis results at the level required to support field decisions made during drilling or proposed during in-progress reviews. Such surveys and tests shall include:

1. Deviation checks shall be in accordance with Rule 62-528.410(3), F.A.C. Such checks shall be at sufficiently frequent intervals to assure that vertical avenues for fluid migration in the form of diverging holes are not created during drilling.

2. Such other geophysical surveys and tests as are needed after taking into account the availability of similar data in the area of the drilling site, the construction plan, and the need for additional information that may arise as the construction of the well progresses. In determining which geophysical surveys and tests shall be required, the following geophysical surveys shall be considered for use in the following situations:

a. For surface casing intended to protect underground sources of drinking water a resistivity, sonic survey, gamma ray, spontaneous potential, and mechanical or sonar caliper surveys before the casing is installed, and a cement evaluation or temperature survey after the casing is set and cemented.

b. For intermediate and long strings of casing intended to facilitate injection a resistivity, spontaneous potential, porosity, fracture finder surveys and gamma ray DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 42

surveys before the casing is installed, and a cement evaluation, temperature, or density survey after the casing is set and cemented.

c. For Class I wells in which an annular monitor tube is proposed for other than the final or innermost casing a caliper survey in the reamed hole which is to contain the monitor tube and, a temperature survey in the monitor tube after the monitor tube has been set and cemented.

(b) The following information concerning the injection formation shall be determined or calculated for new Class I wells:

1. Fluid pressure;

2. Temperature;

3. Fracture pressure;

4. Other physical and chemical characteristics of the injection matrix; and

5. Physical and chemical characteristics of the formation fluids.

(7) Testing of Completed Class I Wells. Upon completion of construction, the completed wells shall be tested to assure that the wells will function as built. Tests to be performed include:

(a) Cement evaluation survey;

(b) Temperature survey;

(c) Pressure test of the final casing to at least 1.5 times the expected injection pressure or 50 pounds per square inch, whichever is greater, for one hour, with a change in pressure of no more than five percent from the initial test pressure;

(d) Video television survey – from top to bottom of the well for baseline monitoring purposes;

(e) Injection tests;

(f) Withdrawal tests – if necessary and if possible;

(g) Caliper survey; and

(h) Radioactive tracer survey.

(8) Testing of Class III Wells.

(a) Geophysical surveys and other tests shall be conducted during the drilling and construction of new Class III wells. Upon completion of construction, the completed well system shall be tested to assure that the well system will function properly at the designed operation pressures. A descriptive report interpreting the results of such surveys and tests shall be prepared and submitted to the Department. The surveys and tests appropriate to each type of Class III well shall be determined based on the intended function, depth, construction and other characteristics of the well, availability of similar data in the area of the drilling site and the need for additional information as the construction of the well progresses. Such surveys and tests shall include deviation checks conducted on all holes where pilot holes and reaming are used, at sufficiently frequent intervals to assure that vertical avenues for fluid migration in the form of diverging holes are not created during drilling.

(b) Where the injection zone is a water bearing formation, the following information concerning the injection zone shall be determined or

osed to be or are being treated, disposed of, injected, or discharged. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

Effective 10-9-08 29

(c) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions and appropriate supporting references to the administrative record;

(d) Reasons why any requested variances or alternatives to adopted standards are or are not justified;

(e) A description of the procedures for reaching a final decision on the draft permit including:

1. The beginning and ending dates of the comment period under Rule 62-528.315, F.A.C., and the address where comments will be received;

2. Procedures for requesting a meeting and the nature of that meeting; and

3. Any other procedures by which the public may participate in the permit decision.

(f) Name and telephone number of a person to contact for additional information.

Specific Authority 373.309, 403.087 FS. Law Implemented 373.308, 403.087 FS. History – New 8-10-95.

62-528.340 Signatories to Permit Applications and Reports for Underground Injection Control.

(1) Applications. All permit applications, except those submitted for Class II wells (see subsection (2) of this section), shall be signed as follows:

(a) For a corporation, by a responsible corporate officer. For the purpose of this subsection, a responsible corporate officer means:

1. A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

2. The manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

Note: Specific assignments or delegations of authority to responsible corporate officers identified in subparagraph 1. above is not required. The Department will presume that these responsible corporate officers have the requisite authority to sign permit applications unless the corporation has notified the Department to the contrary. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions under subparagraph 2. above rather than to specific individuals.

(b) For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or

(c) For a municipality, state, federal, or other public agency, by either a principal executive officer or ranking elected official. For purposes of this subsection, a principal executive officer of a state or federal agency includes the chief executive DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 30

officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

(2) Reports. All reports required by permits and other information requested by the Department shall be signed by a person described in subsection (1) of this section, or by a duly authorized representative of that person. A person is a duly authorized representative only if:

(a) The authorization is made in writing by a person described in subsection (1) of this section;

(b) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and

(3) Changes to authorization. If an authorization under subsection (2) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of subsection (2) of this section shall be submitted to the Department prior to or together with any reports, information, or applications to be signed by an authorized representative.

(4) Certification. Any person signing a document under subsection (1) or (2) of this section shall make the following certification: “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

Specific Authority 373.309, 403.087 FS. Law Implemented 373.308, 403.087 FS. History – New 8-10-95, Amended 6-24-97.

62-528.345 Compliance Schedules for Underground Injection Control Permits.

(1) General. The permit shall, when appropriate, specify a schedule of compliance leading to compliance with any Department rule.

(2) Time for compliance. Any schedules of compliance shall require compliance as soon as possible, and in no case later than three years after the effective date of the permit.

(3) Interim dates. If a permit establishes a schedule of compliance which exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 31

(a) The time between interim dates shall not exceed one year.

(b) If the time necessary for completion of any interim requirement is more than one year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.

(4) Reporting. The permit shall be written to require that if subsection (3) of this section is applicable, progress reports be submitted no later than 30 days following each interim date and the final date of compliance.

Specific Authority 373.309, 403.087 FS. Law Implemented 373.308, 403.087 FS. History – New 8-10-95.

62-528.350 Underground Injection Control: Transfer of Permits.

(1) Transfers by modification. Except as provided in subsection (2) of this section, a permit shall be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as are required by Department rules.

(2) Automatic transfers. As an alternative to transfers under subsection (1) of this section, any underground injection control permit for a well not injecting hazardous waste shall be automatically transferred to a new permittee if:

(a) The current permittee notifies the Department at least 30 days in advance of the proposed transfer date referred to in paragraph (b) of this subsection;

(b) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer or permit responsibility, coverage, and liability between them, and the notice demonstrates that the financial responsibility requirements of Rule 62-528.435(9), F.A.C., will be met by the new permittee; and

(c) The Department does not notify the existing permittee and the proposed new permittee of the Department’s intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective as of the date specified in the agreement mentioned in paragraph (b) of this subsection.

Specific Authority 373.309, 403.087 FS. Law Implemented 373.308, 403.087 FS. History – New 8-10-95, Amended 6-24-97.

62-528.355 Underground Injection Control: Permit Modification, Revocation, Termination.

(1) When the Department receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit, receives a request for modification or revocation and reissuance, or conducts a review of the permit file) it will determine whether or not one or more of the causes listed in subsections (2) and (3) of this section for modification or revocation and reissuance or both exist. If cause exists, the Department shall modify or revoke and reissue the permit accordingly, subject to the limitations of subsection (4) of this section, and shall request an updated application if necessary. When a permit is modified, only the