asap irrigation installation and repairs

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

(1) The Department shall require a Class I or III well, or a test well, or monitor well associated with a Class I or III well, to be abandoned when it is no longer usable for its intended purpose or other purpose as approved by the Department, or when it poses DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

Effective 10-9-08 65

a potential threat to the quality of the waters of the State. The permittee may also initiate abandonment procedures.

(2) In order to receive approval for the plugging and abandonment of a Class I or III well, or a test or monitor well associated with a Class I or III well, the applicant shall provide reasonable assurance that the well will be plugged and abandoned in accordance with Rule 62-528.435, F.A.C. The applicant shall submit the following:

(a) The justification for abandonment;

(b) A proposed plan for plugging and abandonment describing the preferred and alternate methods:

1. The type and number of plugs to be used;

2. The placement of each plug including the elevation of the top and bottom;

3. The type, grade, and quantity of cement or for Class III wells only, any other approved plugging material to be used in the cased portion of the well;

4. The type, grade, and quantity of cement or any other approved plugging material (if any) to be used to fill the open hole portion of the well;

5. The method for placement of the plugs;

(c) The procedure to be used to meet the requirements of Rule 62-528.435, F.A.C.; and

(d) The results of mechanical integrity testing if required under Rule

62-528.435(2), F.A.C.

(3) In the event of a well failure that requires abandonment, the applicant shall conduct an investigation to collect sufficient information to identify the most appropriate method to properly abandon the well.

(4) Within 90 days of completion of plugging and abandonment procedures, the engineer of record shall provide certification of completion in accordance with the plans and specifications.

(5) Under section 403.091, F.S., the Department conducts periodic inspections at certain stages of plugging.

(6) The permittee shall retain all records concerning the nature and composition of injected fluid until five years after completion of any plugging and abandonment procedures specified under Rule 62-528.400(3) (hazardous waste wells) or 62-528.435, F.A.C. Whenever after this retention period the permittee no longer wishes to retain the records, the permittee shall deliver the records to the Department office that issued the permit.

Specific Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.088, 403.091, 403.161 FS. History – New 4-1-82, Formerly 17-28.35, 17-28.350, 62-28.350, Amended 8-10-95, 6-24-97.

62-528.500 General Criteria for Class IV Wells.

For the purposes of this Chapter the definition of a Class IV well specifically includes any septic tank or cesspool used by generators of hazardous waste, or by owners or operators of hazardous waste management facilities, to dispose of fluids containing hazardous waste into or above an underground source of drinking water.

Specific Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History – New 4-1-82, Formerly 17-28.41, 17-28.410, 62-28.410, Amended 8-10-95.

62-528.510 General Prohibition of Class IV Wells.

The construction or operation of any Class IV well is prohibited after April 1, 1982.

Specific Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.161, 403.702, 403.721, 403.7222, 403.727 FS. History – New 4-1-82, Formerly 17-28.42, 17-28.420, 62-28.420, Amended 8-10-95.

62-528.520 Waste Analysis for Class IV Wells.

(1) The owner of a Class IV well shall submit to the Department a detailed chemical and physical analysis of a representative sample of the waste injected and the estimated or known quantity of the type of waste injected during the life of the well; and

(2) For wastes disposed of before April 1, 1982, and different than those specified in Rule 62-528.520(1), F.A.C., the owner shall identify the type and quantity to the best of his knowledge and in accordance with any records he has kept.

Specific Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History – New 4-1-82, Formerly 17-28.43, 17-28.430, 62-28.430, Amended 8-10-95.

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

The owner of a facility which disposed of hazardous waste by underground injection into a Class IV well shall monitor the ground water in accordance with the following:

(1) Applicability.

(a) Within one year after April 1, 1982, the owner of an abandoned Class IV injection well shall implement a ground water monitoring program capable of determining the facility’s impact on the quality of ground water in all underground sources of drinking water underlying or adjacent to the facility, except as otherwise provided in paragraph (c) below.

(b) Except as paragraphs (c) and (d) of this subsection provide otherwise, the owner shall install, operate, and maintain a ground water monitoring system which meets the requirements of Rule 62-528.530(2), F.A.C., and shall comply with Rule 62-528.530(3)-(5), F.A.C. The owner shall continue the ground water monitoring program so long as site-specific factors or monitoring results indicate that there is a threat to underground sources of drinking water, but no longer than 30 years.

(c) All or part of the ground water monitoring requirements of this section shall be waived if the owner can demonstrate that there is no potential for migration of DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 67 hazardous waste or hazardous waste constituents from the facility to underground sources of drinking water or to surface water. This demonstration shall be in writing and shall be certified by a professional geologist or professional engineer, and shall establish the following:

1. The potential for migration of hazardous waste or hazardous waste constituents from the facility to an underground source of drinking water by an evaluation of:

a. A water balance of precipitation, evapotranspiration, runoff, and infiltration; and

b. Ground water characteristics (i.e., geologic materials, physical properties, and rate of ground water flow);

2. The potential for hazardous waste or hazardous waste constituents which have entered an underground source of drinking water to migrate to a water supply well or surface water, by an evaluation of:

a. Ground water characteristics (i.e., geologic materials, physical properties, and rate of ground water flow); and

b. The proximity of the facility to water supply wells or surface water.

(d) If an owner determines that ground water monitoring of indicator parameters in accordance with Rule 62-528.530(2) and (3), F.A.C., would show statistically significant increases (or decreases in the case of pH) when evaluated under Rule 62-528.530(4)(b), F.A.C., he may install, operate, and maintain an alternate ground water monitoring system. If the owner elects to use an alternate ground water monitoring system he shall:

1. Within one year after April 1, 1982, submit to the Department a specific plan, certified by a professional geologist or professional engineer, which meets the requirements of Rule 62-528.530(4)(d)3., F.A.C., for an alternate ground water monitoring system;

2. Not later than April 1, 1983, initiate the determinations specified in Rule 62-528.530(4)(d)4., F.A.C.;

3. Prepare and submit a written report in accordance with Rule

62-528.530(4)(d)5., F.A.C.;

4. Continue to make the determinations specified in Rule

62-528.530(4)(d)4., F.A.C., on a quarterly basis until at least one of the following steps has been taken:

a. Removing the contamination from the aquifer;

b. Installing ground water control devices;

c. Continued monitoring; or

d. Cessation of monitoring.

5. Comply with the recordkeeping and reporting requirements in Rule

62-528.530(5)(b), F.A.C.

(2) Ground Water Monitoring System.

(a) A ground water monitoring system shall be capable of yielding ground water samples for analysis and shall consist of monitoring well(s) into each underground DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 68 source of drinking water adjacent, above, or below the injection well. Their number, locations, and depths shall ensure that they immediately detect any statistically significant amounts of hazardous waste or hazardous waste constituents in any underground source of drinking water.

(b) The Department shall require that background water quality data be collected from installed monitoring wells or that existing data for any underground sources of drinking water which may be affected by the injection of waste be submitted.

(c) All monitoring wells shall be cased in a manner that maintains the integrity of the monitoring well bore hole. This casing shall be screened or perforated, and packed with gravel or sand where necessary to enable sample collection at depths where appropriate aquifer flow zones exist. Upon written authorization from the Department, following the process described in Rule 62-528.100(2), F.A.C., alternate monitor well designs are allowed if the well owner can demonstrate that such configurations are more appropriate to site geology and hydrology, and will ensure protection of underground sources of drinking water. To obtain authorization to use an alternate monitor well design the well owner shall submit a request along with all supporting documentation to the appropriate Department district. The annular space above the sampling depth shall be sealed with a suitable material (e.g., cement grout or bentonite slurry) to prevent contamination of samples and the ground water.

(3) Sampling and Analysis.

(a) The owner shall obtain and analyze samples from the installed ground water monitoring system. The owner shall develop and follow a ground water sampling and analysis plan, and submit this plan to the Department. The plan shall include procedures and techniques for:

1. Sample collection;

2. Sample preservation and shipment;

3. Analytical procedures; and

4. Chain of custody control.

(b) The owner shall determine the concentration or value of parameters specified by the Department which shall include:

1. Parameters characterizing the suitability of the ground water as a drinking water supply, as specified in Chapter 62-550, F.A.C.

2. Parameters establishing ground water quality:

a. Chloride

b. Iron

c. Manganese

d. Phenols

e. Sodium

f. Sulfate

3. Parameters used as indicators of ground water contamination:

a. pH

b. Specific Conductance

c. Total Organic Carbon DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 69 d. Total Organic Halogen

e. Other parameters contained in the primary drinking water standards in Chapter 62-550 or minimum criteria in Rule 62-520.400, F.A.C., when needed to determine if contaminants have entered the underground source of drinking water.

(c) All monitoring wells shall be sampled and the samples analyzed on a quarterly basis unless otherwise authorized by the Department. Results of the analyses shall be submitted to the Department on a quarterly basis.

(d) Elevation of the ground water surface at each monitoring well shall be determined each time a sample is obtained.

(4) Preparation, Evaluation and Response.

(a) The Department shall, if the review of ground water quality data submitted under Rule 62-528.530(3)(c), F.A.C., demonstrates the need, require the owner to prepare and implement a ground water quality assessment program. The program would include a more comprehensive ground water monitoring plan than described in Rule 62-528.530(2) and (3), F.A.C., capable of determining:

1. Whether hazardous waste or hazardous waste constituents have entered an underground source of drinking water;

2. The rate and extent of migration of hazardous waste or hazardous waste constituents in an underground source of drinking water; and

3. The concentrations of hazardous waste or hazardous waste constituents in an underground source of drinking water.

(b) For each indicator parameter specified in Rule 62-528.530(3)(b), F.A.C., the owner shall calculate the arithmetic mean and variance, based on at least four replicate measurements on each sample, for each well monitored in accordance with Rule 62-528.530 (3)(c), F.A.C., and compare these results with its initial background arithmetic mean.

(c) If the concentration or value of a parameter analyzed under Rule

62-528.530(3)(b), F.A.C., exceeds maximum contaminant levels for drinking water in Chapter 62-550, F.A.C., or if the concentration or value is significantly high (or low in the case of pH), the owner shall obtain additional ground water samples, split the samples in two, and obtain analysis of all additional samples to determine whether the significant difference was a result of laboratory error.

(d) If the analyses performed under paragraph (c) of this subsection confirm the significant increase (or pH decrease), the owner shall provide:

1. Written notice to the Department within seven days of the date of such confirmation that the facility may be affecting ground water quality.

2. Within 15 days after the notification under subparagraph (d)1. of this subsection, the owner shall develop and submit to the Department a specific plan, based on the outline required under paragraph (a) of this subsection and certified by a professional geologist or professional engineer, for a ground water quality assessment program at the facility.

3. The plan to be submitted under Rule 62-528.530(1)(d)1. or 2., F.A.C., shall specify: DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 70 a. The number, location, and depth of wells;

b. Sampling and analytical methods for those hazardous wastes or hazardous waste constituents in the facility;

c. Evaluation procedures, including any use of previously gathered ground water quality information; and

d. A schedule of implementation.

4. The owner shall implement the ground water quality assessment plan which meets the requirements of subparagraph (d)3. of this subsection, and, which determines:

a. The rate and extent of migration of the hazardous waste or hazardous waste constituents in an underground source of drinking water; and

b. The concentrations of the hazardous waste or hazardous waste constituents in an underground source of drinking water.

5. The owner shall make his first determination under subparagraph (d)4. of this subsection as soon as technically feasible, and within 15 days after the determination, submit to the Department a written report containing an assessment of the ground water quality.

6. If the owner determines, based on the results of the first determination under subparagraph (d)4. of this subsection, that no hazardous waste or hazardous waste constituents from the facility have entered an underground source of drinking water, then he may reinstate the indicator evaluation program described in Rule 62-528.530(3), F.A.C., and paragraph (b) of this subsection. If the owner reinstates the indicator evaluation program, he shall notify the Department in the report submitted under subparagraph (d)5. of this subsection.

7. If the owner determines, based on the first determination under subparagraph (d)4. of this subsection, that hazardous waste or hazardous waste constituents from the facility have entered an underground source of drinking water, then the owner shall continue to make the determinations required under subparagraph (d)4. of this subsection on a quarterly basis until the Department otherwise notifies the owner in writing, following the process described in Rule 62-528.100(2), F.A.C.

(5) Recordkeeping and Reporting.

(a) The owner shall:

1. Keep records of the analyses required in Rule 62-528.530(3)(b) and (c), F.A.C., the associated ground water surface elevations required in Rule

62-528.530(3)(d), F.A.C., and the evaluations required in Rule 62-528.530(4)(b), F.A.C., throughout the post-closure care period; and

2. Report quarterly to the Department the concentrations or values of the parameters listed in Rule 62-528.530(3)(b), F.A.C., for each ground water monitoring well, along with the required evaluations for these parameters under Rule 62-528.530(4)(b), F.A.C.

(b) If the ground water is monitored to satisfy the requirements of subparagraph (4)(d)4. of this section, the owner shall: DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 71 1. Keep records of the analyses and evaluations specified in the plan, which meets the requirements of subparagraph (4)(d) 3. of this section, and throughout the post-closure care period; and

2. Submit to the Department quarterly reports containing the results of his ground water quality assessment program which include the calculated (or measured) rate of migration of hazardous waste or hazardous waste constituents in the ground water during the reporting period.

Specific Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.0877, 403.702, 403.721 FS. History – New 4-1-82, Amended 5-8-85, Formerly 17-28.44, 17-28.440, 62-28.440, Amended 8-10-95, 6-24-97.

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

(1) Closure.

(a) The owner shall close his facility in a manner that:

1. Will prevent the migration of hazardous waste or hazardous waste constituents into or between underground sources of drinking water via the well structure; and

2. Will minimize the need for further maintenance to protect human health and the environment.

(b) Ninety days after April 1, 1982, the owner shall have a written closure plan. He shall keep this plan at the facility. This plan shall identify the steps necessary to completely close the facility. The closure plan shall:

1. Identify the techniques to be used to close the well in accordance with paragraph (c) of this subsection;

2. Describe the steps which are necessary to decontaminate facility equipment during closure; and

3. Include a schedule for final closure which specifies the anticipated date when wastes will no longer be received, the anticipated date when final closure will be completed, and intervening milestone dates for tracking the progress of closure.

(c) The owner shall submit his closure plan to the Department at least 90 days before the date he expects to begin closure. The Department shall provide the owner or operator and the affected public the opportunity to submit written comments on the planned closure. The Department has 90 days after receipt of the closure plan, and after public notice of the opportunity to submit written comments on the plan, to meet with the TAC, as described in Rule 62-528.100(2), F.A.C., and modify, approve, or disapprove the plan based on all information received.

(d) Within 90 days after receiving the final volume of hazardous waste, the owner shall treat all hazardous wastes in storage or in treatment, or remove them from the site, or dispose of them on-site, in accordance with the approved closure plan.

(e) The owner shall complete closure activities in accordance with the approved closure plan and within nine months after April 1, 1982. The Department shall DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 72 approve a longer closure period under paragraph (c) of this subsection if the owner can demonstrate that:

1. The required or planned closure activities will, of necessity, take him longer than nine months to complete, and

2. That he has taken all steps to eliminate any significant threat to human health and the environment from the unclosed but inactive facility.

(f) At closure, the owner shall:

1. Remove any hazardous waste remaining in the well; and

2. Close the well in a manner which meets the requirements of subsection (1) of this section.

(g) When closure is completed, the owner shall submit to the Department certification both by the owner and by an independent registered professional engineer that the facility has been closed in accordance with the specifications in the approved closure plan.

(2) Post-Closure Care and Use of Property; Period of Care.

(a) The owner of a Class IV injection well shall provide post-closure care which shall consist of at least:

1. Ground water monitoring and reporting in accordance with the requirements of Rule 62-528.530, F.A.C.; and

2. Maintenance activities of such frequency as to ensure the integrity of the containment structure and the function of the facility’s monitoring equipment as specified in Rule 62-528.530, F.A.C.

3. Access to the facility shall be prevented except by authorized personnel.

(b) Post-closure use of property on or in which hazardous waste remains after closure shall not disturb the integrity of any components of the containment system, or the function of the facility’s monitoring systems, unless the owner can demonstrate either in the post-closure plan or by petition, that the disturbance:

1. Is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or

2. Is necessary to reduce a threat to human health or the environment.

(c) The owner of a disposal facility shall provide post-closure care in accordance with the approved post-closure plan for at least 30 years after the date of completing closure unless the Department has approved an alternative plan at the request of the owner under subparagraph 1. below, or the Department requires additional post-closure care for the reasons listed in subparagraph 2., or a petition for an extension or reduction of the post-closure care period has been approved under subparagraph 3.

1. The owner may request that the Department allow some or all of the requirements for post-closure care to be discontinued or altered before the end of the 30-year period. The request shall include evidence demonstrating the secure nature of the facility that makes continuing the specified post-closure requirement(s) unnecessary – – e.g., no detected leaks and none likely to occur, characteristics of the waste, application of advanced technology, or alternative disposal treatment, or reuse

techniques. The request shall be approved if the Department determines that, based on the information submitted in support of the request, there is little or no potential for fluids to migrate off-site or that the requested revision to the post-closure plan will not increase the potential to adversely affect the health of persons. The process for obtaining Department approval is described in Rule 62-528.100(2), F.A.C.

2. The Department shall require the owner to continue one or more of the post-closure care and maintenance requirements contained in the facility’s post-closure plan if it finds there has been noncompliance with any applicable standards or requirements, or because the fluids do not meet the applicable water quality standards and there is a potential for these fluids to migrate off-site. The Department shall notify the owner in writing of the need for additional post-closure care. The post-closure care shall continue until the fluids meet applicable water quality standards, or until such fluids will not migrate off-site. If the owner objects to continued post-closure care, the owner shall submit the reasons for the objection to the Department and the Technical Advisory Committee, and the decision-making process shall follow Rule 62-528.100(2), F.A.C.

3. Any person may petition the Department for an extension or reduction of the post-closure care period based on cause. The Department shall approve petitions for extension of the post-closure care period in accordance with subparagraph 2 above. Petitions for a reduction in the post-closure care period shall be approved in accordance with subparagraph 1 above. Petitions shall be considered by the Department when the post-closure plan is submitted and for a one-year period before the completion of closure.

(3) Post-Closure Plan; Amendment of Plan.

(a) The owner of a disposal facility shall submit his post-closure plan to the Department at least 90 days before the date he expects to begin closure. The Department shall modify or approve the plan, as described in Rule 62-528.100(2), F.A.C., within 90 days of receipt and after providing the owner and the affected public the opportunity to submit written comments. The plan shall be modified to include security equipment maintenance under Rule 62-528.540(2)(a)3, F.A.C. Any amendments to the plan under paragraph (b) of this subsection which occur after approval of the plan shall also be approved by the Department before they are implemented.

(b) The owner may amend his post-closure plan at any time during the post-closure care period. The owner shall amend his plan any time changes in operating plans or facilities design affect his post-closure plan.

Effective 10-9-08 74

local zoning authority, to the United States Environmental Protection Agency, and to the Department a record of the type, location, and quantity of hazardous wastes disposed of in the injection well. For wastes disposed of before this rule was promulgated, the owner shall identify the type, location and quantity of the wastes to the best of his knowledge and in accordance with any records he has kept.

(5) Notice in Deed to Property. The owner of the property on which a disposal facility is located shall publicly record the site in the county recording office in order to notify any potential purchaser of the property that the land has been used to manage hazardous waste and that its use is restricted under Rule 62-528.540(2)(b), F.A.C.

Specific Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.0877, 403.702, 403.721 FS. History – New 4-1-82, Amended 8-30-82, Formerly 17-28.45, 17-28.450, 62-28.450, Amended 8-10-95, 6-24-97.

62-528.550 Financial Requirements for Class IV Wells.

(1) By July 1, 1982, the owner of a facility which disposes of hazardous waste by underground injection into or above an underground source of drinking water shall have a written estimate of the cost of closing the facility in accordance with the requirements in Rule 62-528.540, F.A.C. The owner shall keep his estimate, and all subsequent estimates required in this section, at the facility.

(2) The owner shall prepare a new closure cost estimate whenever a change in the closure plan affects the cost of closure.

(3) The owner shall maintain financial responsibility in the form of performance bonds or other equivalent form of financial assurance to close a facility which disposes of hazardous waste by underground injection. In lieu of individual performance bonds, owners may furnish a bond or other equivalent form of financial guarantee covering all facilities which dispose of hazardous waste by underground injection in this State.

(4) By July 1, 1982, the owner of a facility which disposes of hazardous waste in a Class IV well shall have a written estimate of the annual cost of post-closure monitoring and maintenance in accordance with the applicable post-closure requirements in Rule 62-528.540(2)(5), F.A.C. This estimate, and all subsequent estimates, shall be kept at the facility.

(5) The cost estimate required in subsection (4) of this section shall be revised whenever a change in the post-closure care plan affects the cost of post-closure care (see Rule 62-528.540(3)(b), F.A.C.). The latest post-closure cost estimate is calculated by multiplying the latest annual post-closure cost estimate by 30.

Specific Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History – New 4-1-82, Formerly 17-28.46, 17-28.460, 62-28.460, Amended 8-10-95.

PART V

CRITERIA AND STANDARDS FOR CLASS V WELLSDEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 75

62-528.600 General Criteria for Class V Wells.

(1) Rules 62-528.600 through .645, F.A.C., sets forth criteria and standards to regulate all injection wells not regulated in previous sections of this Chapter.

(a) Generally, wells covered by these rules inject non-hazardous fluids into or above formations that contain underground sources of drinking water. That includes all wells listed in Rule 62-528.300(1)(e), F.A.C.

(b) These rules also include wells not covered in Class I or Class IV that inject natural and manmade radioactive materials, provided these concentrations do not exceed current drinking water standards in Chapter 62-550, F.A.C.

(2) Classification of Class V Wells. Various types of Class V wells that exist or may exist in Florida are grouped together in order to facilitate the determination of permitting, operating, and monitoring requirements for these wells. The groups are:

(a) Group 1 – Wells associated with thermal energy exchange processes, which include air conditioning return flow wells and cooling water return flow wells. Air conditioning return flow wells and cooling water return flow wells may be part of an open-loop or closed-loop system, with or without additives.

(b) Group 2 – Recharge wells, saltwater intrusion barrier wells, connector wells, and subsidence control wells.

(c) Group 3 – Wells which are part of domestic wastewater treatment systems, including septic system wells receiving domestic wastewater other than those specifically excluded in Rule 62-528.120(4)(b), F.A.C.

(d) Group 4 – Non-hazardous industrial and commercial disposal wells, which include laundry waste wells, dry wells, injection wells associated with aquifer remediation projects, desalination process concentrate wells, and nuclear disposal wells used to inject radioactive wastes, provided the concentrations of the waste do not exceed drinking water standards contained in Chapter 62-550, F.A.C.

(e) Group 5 – Class V wells associated with mining or mineral extraction operations, including wells used to inject spent brine into the same formation from which it was withdrawn after extraction of halogens or their salts, sand backfill wells, and injection wells used for in situ recovery of phosphate, uraniferous sandstone, clay, sand, and other minerals extracted by the borehole slurry mining method.

(f) Group 6 – Lake level control and stormwater drainage wells.

(g) Group 7 – Wells associated with an aquifer storage and recovery system.

(h) Group 8 – Class V wells regulated under additional federal requirements contained in 40 C.F.R. 144.88 (2000) including large capacity cesspools and motor vehicle waste disposal wells.

(i) Group 9 – Class V wells such as exploratory wells, geothermal wells, experimental technology wells, swimming pool drainage wells and other wells not described in the other Class V groups above.

Effective 10-9-08 76

62-528.601 Federal Regulations Applicable to Class V Wells.

(1) The federal regulations at 40 C.F.R. 144.88 (2000) are herein adopted by reference.

(2) For more information on Class V wells under the federal program, see 40 C.F.R. 144.80 through 40 C.F.R. 144.83 (2000), 40 C.F.R. 144.85 (2000), 40 C.F.R. 144.87 (2000), and 40 C.F.R. 144.89 (2000).

(3) For the purposes of this rule 62-528.601 only and its applicability to Group 8 motor vehicle waste disposal wells, the entire state is a ground water protection area.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087 FS. History – New 11-20-02.

62-528.603 Exploratory Well Construction and Testing Permit.

(1) An exploratory well under the Underground Injection Control Program is drilled for the specific purpose of obtaining information to determine the feasibility of underground injection at the proposed site.

(2) A permit to construct an exploratory well shall be denied by the Department if the construction of the well itself will be a source of pollution as defined in section 403.031, F.S. If the construction of the well itself is not a source of pollution, the permit shall be issued with conditions to meet the requirements of (3) through (7) below.

(3) At a minimum, the exploratory well testing program shall be designed to determine the ground water quality profile, and make a preliminary assessment of the adequacy of the confining interval and injection zone potential.

(4) The information provided with the application to construct and test an exploratory well shall include:

(a) Plan of the injection project;

(b) Well inventory as described in Rule 62-528.635(1)(d), F.A.C.;

(c) Proposed future use of the exploratory well;

(d) Drilling and testing plan for the exploratory well;

(e) Source and composition of any fluids to be used for injection testing; and

(f) Abandonment plan.

(5) Injection testing.

(a) The permittee may conduct injection tests under the exploratory well program not to exceed eight days, or such time requested by the permittee, not to endanger the underground sources of drinking water, and approved by the Department subject to the provisions of (b) below and in accordance with the process described in Rule 62-528.100(2), F.A.C.

(b) The exploratory well shall be constructed and tested so that it is in compliance with Rule 62-528.630(3), F.A.C. The use of treated or untreated municipal (domestic) or industrial effluent, or reverse osmosis concentrate is prohibited for injection testing conducted under the exploratory program.

(6) An exploratory well may be converted to a monitor well or plugged and abandoned if the permits have been obtained. An exploratory well shall be repermitted