INJECTION CONTROL WELLS (PART 3 OF 3)

Jacksonville       Duval County                 904-346-1266
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Orange Park       Clay County                   904-264-6444
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Daytona              Volusia County               386-253-4911
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EMAIL LARRY@1STPROP.COM (feel free to email your bidding packages here)

PART 3

 

(a) A map showing the location of the proposed injection wells or well field area for which a permit is sought and the applicable area of review. Within the area of review, the map shall show the number or name, and location of all producing wells, injection wells, abandoned wells, dry holes, surface bodies of water, springs, public water systems, mines (surface and subsurface), quarries, water wells and other pertinent surface features including residences and roads. The map shall also show faults, if known or suspected. Only information of public record and, in addition, pertinent information known to the applicant is required to be included on this map;

(b) A tabulation of data on all wells within the area of review which penetrate into the proposed injection zone, confining zone, or proposed monitoring zone. Such data shall include a description of each well’s type, construction, date drilled, location, depth, record of plugging or completion, and any additional information in the applicant’s possession about the potential for fluids to migrate into, or in the direction of, an underground source of drinking water;

(c) Maps and cross sections indicating the general vertical and lateral limits within the area of review of all underground sources of drinking water, their position relative to the injection formation and the direction of water movement, where known, in each underground source of drinking water which may be affected by the proposed injection;

(d) Maps and cross sections detailing the hydrology and geologic structures of the local area;

(e) Generalized maps and cross sections illustrating the regional geologic setting;

(f) Proposed operating data;

1. Average and maximum daily rate and volume of the fluid to be injected;

2. Average and maximum injection pressure; and

3. Source and an analysis of the chemical, physical, radiological and biological characteristics of injection fluids, including any additives for Class III wells. For Class I wells injecting domestic effluent, a demonstration that the effluent quality meets the standards specified in Rules 62-600.420(1)(d)1 and 62-600.540, F.A.C.; or for new wells, the minimum treatment requirements set forth in 40 C.F.R. 146.15 and 146.16, as noticed in the

(g) Proposed formation testing program to obtain an analysis of the chemical, physical and radiological characteristics of and other information on the injection zone;

(h) Proposed stimulation program;

(i) Proposed injection procedure;

(j) Engineering drawings of the surface and subsurface construction details of the system, including design features for surge control and water hammer protection; DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

Federal Register, Vol. 70, No. 224, November 22, 2005, pp. 70513 – 70532, hereby adopted and incorporated by reference. For all other Class I wells, a demonstration that the effluent quality meets the standards specified in Rule 62-660.400(1)(o), F.A.C. Effective 10-9-08 60

(k) Contingency plans to cope with all shut-ins or well failures, or, for Class III wells, catastrophic collapse, to prevent migration of fluids into an underground source of drinking water, including emergency discharge provisions;

(l) Plans (including maps) and proposed monitoring data to be reported for meeting the monitoring requirements in Rule 62-528.425, F.A.C.;

(m) For wells within the area of review which penetrate the injection zone but are not properly completed or plugged, the corrective action proposed to be taken under Rule 62-528.300(5), F.A.C.;

(n) Construction procedures including a cementing and casing program, logging procedures, deviation checks, and a drilling, testing and coring program;

(o) A certificate that the applicant has ensured, through a performance bond or other appropriate means as required by Rule 62-528.435(9), F.A.C., the resources necessary to close, plug or abandon the well;

(p) For Class III wells, expected changes in pressure, native fluid displacement, direction of movement of injection fluid;

(q) For Class III wells, a proposed monitoring plan, which includes a plan for detecting any migration of fluids into, or in the direction of, underground sources of drinking water and the proposed monitoring data to be submitted.

(r) The Department adopts by reference 40 C.F.R. pt. 144.31(g) revised as of December 3, 1993.

(3) Operational Testing.

(a) For Class I wells, the construction permit includes a period of temporary injection operation for the purposes of long term testing. Prior to commencement of operational testing:

1. Construction of the injection well shall be complete and the permittee shall submit a notice of completion of construction to the Department.

2. Each well shall first be tested for integrity of construction, and shall be followed by a short term injection test of such duration to allow for the prediction of the operating pressure.

3. The permittee shall submit the following information to each member of the Technical Advisory Committee described in Rule 62-528.100(2), F.A.C., or in the permit:

a. A copy of the borehole television survey(s),

b. Geophysical logs,

c. Mechanical integrity test data,

d. Data obtained during the short term injection testing conducted pursuant to Rules 62-528.405(3)(a) and .410(7)(e), F.A.C., and subparagraph 1. above,

e. Confining zone data,

f. Background water quality data for the injection and monitor zones,

g. Wastestream analysis,

h. As-built well construction specifications, and

i. Other data obtained during well construction which demonstrates that the well will operate in compliance with this chapter. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

Effective 10-9-08 61

4. The emergency discharge method shall be fully operational and no emergency discharge shall occur until the permittee has obtained all necessary Department permits.

5. Any corrective action required under Rule 62-528.300(5)(c)2., F.A.C., shall be completed.

6. Prior to granting approval, as described in Rule 62-528.100(2), F.A.C., for operational testing of a Class I well, the Department shall consider the following information:

a. All available logging and testing program data on the well;

b. A demonstration of mechanical integrity pursuant to Rule 62-528.300(6), F.A.C.;

c. The anticipated maximum pressure and flow rate at which the permittee will operate;

d. The results of the formation testing program;

e. The actual injection procedure;

f. The compatibility of injected waste with fluids in the injection zone and minerals in both the injection zone and the confining zone;

g. The status of corrective action on defective wells in the area of review; and

h. The information submitted to the Technical Advisory Committee under subparagraph 2. above.

(b) Written authorization for operational testing shall be obtained from the Department as described in Rule 62-528.100(2), F.A.C. Authorization shall be for up to two years or the expiration date of the construction permit, whichever is less, and is nonrenewable. The authorization shall specify the conditions under which operational testing is approved. The authorization shall include:

1. Injection pressure limitation,

2. Injection flow rate limitation,

3. Injection well monitoring requirements,

4. Effluent monitoring requirements,

5. Weekly ground water sampling of monitor wells,

6. Monthly specific injectivity testing,

7. Reporting requirements, and

8. An expiration date for the operational testing period not to exceed two years.

(c) Before authorizing operational testing, the Department shall conduct an inspection of the facility to determine if the conditions of the permit have been met.

(d) If requested by the permittee, the Department shall allow, as described in Rule 62-528.100(2), F.A.C., less frequent sampling than required under paragraph (b)5. above after a minimum of six months of operational testing if the data indicate that the parameter values have stabilized. However, a sampling frequency of less than once per month shall not be allowed. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

Effective 10-9-08 62

(e) For Class I and III wells, the duration of the operational testing period shall not exceed two years or the expiration date of the construction permit, whichever is less. If the Department has not issued an intent to issue an operation permit for the injection well(s) by the end of the operational testing period, the permittee shall cease injection.

(f) For a Class I well, if an operation permit has not been obtained for the well within two years after the cessation of operational testing, the permittee shall submit an application to the Department on form 62-528.900(1) to plug and abandon the well in accordance with Rule 62-528.435, F.A.C.

(g) For Class III, the construction permit includes a period of temporary operation for the purpose of testing. Each well shall first be tested for integrity of construction, prior to any injection testing.

(4) Under section 403.091, F.S., the Department conducts periodic inspections during construction.

(5) The construction and testing permit for a Class I well shall require that the following items be submitted to the State Geologist at the Florida Geological Survey, 903 West Tennessee Street, Tallahassee, Florida 32304:

(a) Cuttings obtained during well construction;

(b) Any cores obtained during well construction when no longer needed by the well owner;

(c) Any geophysical logs run during well construction; and

(d) A copy of the Final Report described in Rule 62-528.430(1)(e), F.A.C.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.088, 403.091, 403.161 FS. History – New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.33, 17-28.330, 62-28.330, Amended 8-10-95, 6-24-97, 12-27-05.

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

(1) General Requirements.

(a) A separate underground injection control permit shall be obtained for each Class I injection facility. For multiwell injection systems, a separate underground injection control permit application need not be submitted for each well, however a separate application fee shall be assessed for each well in accordance with Rule 62-4.050(4)(i), F.A.C.

(b) Under section 403.091, F.S., the Department conducts periodic inspections during the period authorized by the operation permit.

(c) A report shall be submitted with each application for a Class I well operation permit. For multiwell injection systems, one report may be submitted which addresses each well of that system. The report shall include:

1. Results of the information obtained under the construction permit described in Rule 62-528.450(2), F.A.C.;

2. Record drawings, based upon inspections by the engineer of record or persons under his direct supervision, with all deviations noted; DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

Effective 10-9-08 63

3. Certification of completion submitted by the engineer of record;

4. An operation manual including emergency procedures;

5. Proposed monitoring program and data to be submitted;

6. Proof that the existence of the well and any associated monitoring wells has been recorded with the permanent warranty deed or other instrument of conveyance as a two page proviso or addendum that contains certification of the locations of the wells (by metes and bounds) and a detailed sketch of the parcel that shows the location of the well. The location shall be measured by a Florida certified land surveyor, and shall contain the surveyor’s signature, registration number, official seal, and the following statement: “I hereby certify that this survey was made under my responsible direction and supervision, and is a correct representation of the land surveyed.”

7. Copies of mill certificates for casing used in the well(s) construction. The owner shall retain the original records.

(d) No Class I injection well operation permit shall be issued until the emergency disposal method is fully operational and no emergency discharge shall occur until the permittee has received the required Department permits.

(e) The permittee shall provide direct distribution of the data reports, progress reports, and final reports to each member of the Technical Advisory Committee as described in Rule 62-528.100(2), F.A.C.

(2) Prior to granting approval for the operation of a Class I well or a Class III well or well field the Department shall consider the following information which, for Class I, was obtained during construction and operational testing under the construction permit:

(a) All available logging and testing program data and construction data on the well or well field;

(b) A satisfactory demonstration of mechanical integrity for all new wells pursuant to Rule 62-528.300(6), F.A.C.;

(c) The actual operating data where feasible, or the anticipated maximum pressure and flow rate at which the permittee will operate the well;

(d) The results of the formation testing program;

(e) The actual injection procedure;

(f) For Class I, the compatibility of injected waste with fluids in the injection zone and minerals in both the injection zone and the confining zone;

(g) The status of corrective action on defective wells in the area of review;

(h) The recommendation of the Technical Advisory Committee concerning the operational feasibility of this well or well field.

(3) Repermitting the Operation of Class I Wells.

(a) The permittee shall submit an application to repermit the operation of a Class I well to the Department at least 60 days before the expiration date of the current operation permit.

(b) The application to repermit the operation shall include the following: DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

Effective 10-9-08 64

1. An evaluation of the size of the area of review based on actual operation and monitoring data;

2. Updated area of review information required under Rule 62-528.450(2)(a) through (d), F.A.C.;

3. A wastestream analysis representative of the fluids which are currently being injected;

4. The process types or categories which are a source of the fluid being injected;

5. A satisfactory demonstration of mechanical integrity for the well(s) pursuant to Rule 62-528.300(6), F.A.C.;

6. Results of ground water and other monitoring data obtained since the last permit was issued. The permittee shall provide a tabular and graphical presentation of all ground water monitoring data required by this subparagraph unless the Department, through the process described in Rule 62-528.100(2), F.A.C., approves an alternate list of parameters for the reasons specified in sub-subparagraphs a. and b. below;

a. The monitoring results for a parameter are below detectable limits, or

b. The parameter was not required to be monitored under the current permit or by chapter 62-528, 62-600, or 62-601, F.A.C.

7. Results of all specific injectivity and pressure fall-off information obtained since the well began operation, or the date of the most recent repermitting of the well if all available information were submitted at that time; and

8. Financial responsibility information required by Rule 62-528.435(9), F.A.C., based on an updated plugging and abandonment plan and cost estimate.

(c) The operation of a Class I well shall not be repermitted unless the applicant has made the following demonstrations:

1. Available water quality monitoring data does not indicate that fluid movement into or between underground sources of drinking water is occurring as a result of injection activity, except as authorized under 40 C.F.R. 146.15, as noticed in the

2. Mechanical integrity has been demonstrated under Rule 62-528.300(6), F.A.C.;

3. Financial responsibility has been demonstrated; and

4. Other applicable rules of this Chapter have been met.

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, 403.0877, 403.088, 403.161, 403.702, 403.721 FS. History – New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.34, 17-28.340, 62-28.340, Amended 8-10-95, 6-24-97, 12-27-05.

Federal Register, Vol. 70, No. 224, November 22, 2005, pp. 70513 – 70532, hereby adopted and incorporated by reference;

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.

(4) Notice to Local Zoning Authority. Within 90 days after closure is completed, the owner of a disposal facility shall submit to the local zoning authority, to the Department, and to the United States Environmental Protection Agency Region IV, a survey plat indicating the location of the Class IV well with respect to permanently surveyed benchmarks. This plat shall be prepared and certified by a professional land surveyor. The plat filed with the local zoning authority shall contain a note, prominently displayed, which states the owner’s obligation to restrict disturbance of the site as specified in Rule 62-528.540(2)(b), F.A.C. In addition, the owner shall submit to the DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

 

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.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087 FS. History – New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.51, 17-28.510, 62-28.510, Amended 8-10-95, 6-24-97, 11-20-02. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

 

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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

as a Class I test injection well or a Class V well if the permits have been obtained. If the applicant intends to apply for a permit to convert an exploratory well to a Class I test injection well, the exploratory well shall be constructed to meet the minimum Class I well construction standards contained in parts II and III of this chapter. Tubing and packer or a fluid seal design shall not be required under the exploratory well permit for exploratory wells that are to be repermitted as non-municipal Class I wells.

(7) Under section 403.091, F.S, the Department performs periodic inspections at certain stages of construction authorized by the exploratory well 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 8-10-95, Amended 6-24-97.

62-528.605 Well Construction Standards for Class V Wells.

(1) The variety of Class V wells and their uses dictate a variety of construction designs consistent with those uses, and precludes specific construction standards for each type of Class V well. However, a well shall be designed and constructed for its intended use, in accordance with good engineering practices, and the design and construction shall be approved by the Department through a permit.

(2) The Department shall apply any of the criteria for Class I wells (Rules 62-528.400 through .460, F.A.C.) to the permitting of Class V wells if the Department determines that without the application of Class I permitting criteria, the Class V well may cause or allow fluids to migrate into an underground source of drinking water which may cause a violation of a primary or secondary drinking water standard contained in Chapter 62-550, F.A.C., or minimum criteria contained in Rule 62-520.400, F.A.C., or may cause fluids of significantly differing water quality to migrate between underground sources of drinking water. Class I injection well permitting standards shall not be required if the injection fluids meet the primary and secondary drinking water quality standards contained in Chapter 62-550, F.A.C., and the minimum criteria contained in Rule 62-520.400, F.A.C. The process for making the determination of which criteria apply is described in Rule 62-528.100(2), F.A.C.

(3) Class V wells shall be constructed so that their intended use does not violate the water quality standards of Chapter 62-520, F.A.C., at the point of discharge, except where specifically allowed in Rule 62-522.300(2), F.A.C., provided that the drinking water standards of 40 C.F.R. pt. 142 (1994) are met at the point of discharge for projects and facilities described in Rule 62-522.300(2)(a) and (b), F.A.C. Migration or mixing of fluids from aquifers of substantively different water quality (through the construction or use of a Class V well) shall be prevented by preserving the integrity of confining beds between these aquifers through cementing or other equally protective method acceptable to the Department.

(4) All Class V wells shall be constructed by a Florida licensed water well contractor. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

Effective 10-9-08 78

(5) A well completion report defining details of construction and describing various formations penetrated by the well shall be forwarded to the Department within two days after completion of the drilling operation.

(6) Samples of formations penetrated shall be obtained during the construction of any major Class V well as defined in Rule 62-528.200(41), F.A.C., and shall be submitted for other Class V wells if needed to demonstrate whether the well will operate in compliance with chapter 62-528, F.A.C. If required, samples shall be forwarded to the State Geologist, Florida Geological Survey, 903 West Tennessee Street, Tallahassee, Florida 32304, when drilling is completed.

(7) All drilled wells shall, at a minimum, meet the casing and cementing requirements for water well construction set forth in Chapter 62-532, F.A.C.

(8) Class V wells shall not be dynamited except with written permission from the Department.

(9) A test well or boring shall be filled with cement within five days after completion of the testing for which it was drilled. Such test wells or borings shall not be used as drainage wells unless a permit has been obtained in accordance with this Chapter. Failure to obtain a permit prior to drilling of the well or boring shall bar future use except for testing purposes not connected with drainage in any manner.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 373.313, 373.323, 403.021, 403.061, 403.062, 403.087 FS. History – New 4-1-82, Amended 5-8-85, Formerly 17-28.52, 17-28.520, 62-28.520, Amended 8-10-95, 6-24-97, 8-27-01.

62-528.610 Operation Requirements for Class V Wells.

(1) All Class V wells shall be used or operated in such a manner that they do not present a hazard to an underground source of drinking water.

(2) Domestic wastewater effluent or reclaimed water quality shall meet the criteria established in Rules 62-600.420(1)(d)2. and 62-600.540(2) and (3), or

62-610.660, F.A.C., as appropriate.

(3) Pretreatment for fluids injected through existing wells shall be performed if necessary to ensure that the injected fluid does not violate the applicable water quality standards in Chapter 62-520, F.A.C., and in Monroe County, Chapter 62-302, F.A.C., when required under Rule 62-528.630(7), F.A.C.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087 FS. History – New 4-1-82, Formerly 17-4.27, Amended 5-8-85, Formerly 17-28.53, 17-28.530, 62-28.530, Amended 8-10-95, 6-24-97.

62-528.615 Monitoring Requirements for Class V Wells.

(1) The need for monitoring shall be determined by the type of well, nature of the injected fluid, and water quality of the receiving and overlying aquifers.

(a) Except as provided in (b) below, the Department shall require monitoring for the following: DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

Effective 10-9-08 79

1. Group 1 wells operating on an open-loop system or with provisions for additives, Group 3, Group 4, Group 5, and Group 8 motor vehicle waste disposal wells;

2. Group 2 and Group 7 wells except when the injection fluids meet the primary and secondary drinking water standards contained in Chapter 62-550, F.A.C, and the minimum criteria contained in Rule 62-520.400, F.A.C.; and the injection fluids have been processed through a permitted drinking water treatment facility;

3. Group 6 and Group 9 wells, except swimming pool drainage wells, if injection is into an underground source of drinking water; and

4. Any Class V well where either an exemption from water quality criteria under Rule 62-520.500 or .510, F.A.C., or an aquifer exemption under Rule

62-528.300(3), F.A.C., was required.

(b) The Department shall not require monitoring for the following:

1. Wells used to inject fluids that meet the primary and secondary drinking water standards contained in Chapter 62-550, F.A.C., and the minimum criteria contained in Rule 62-520.400, F.A.C., and that have been processed through a permitted drinking water treatment facility;

2. Air conditioning return-flow wells and swimming pool drainage wells receiving a general permit under Rules 62-528.705 or .710, F.A.C.; or

3. Other Class V wells that the Department determines through the process described in Rule 62-528.100(2), F.A.C., will provide reasonable assurance of compliance with this rule, without monitoring.

(2) The Department shall determine the frequency of monitoring based on the location of the well, the nature of the injected fluid and, where applicable, the requirements of Chapters 62-600 and 62-601, F.A.C. The monitoring parameters and frequency shall be addressed in the Class V permit or authorization to use a Class V well under Rule 62-528.635(4), F.A.C.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087 FS. History – New 4-1-82, Formerly 17-28.54, 17-28.540, 62-28.540, Amended 8-10-95, 6-24-97, 11-20-02.

62-528.620 Reporting Requirements for Class V Wells.

(1) Reporting requirements shall be determined by the type of well and nature of injected fluid. Where applicable, reporting shall be in accordance with Chapters 62-600 and 62-601, F.A.C.

(2) Reporting shall be required for Group 1-cooling water return flow wells on an open-loop system, or with additives; Group 2; Group 3; Group 4; Group 5; Group 7; Group 8 motor vehicle waste disposal wells; and Group 9 except swimming pool drainage wells.

(3) For Group 6 wells, the permittee shall meet the reporting requirements of (1) above, unless reasonable assurance is provided that underground sources of drinking water are being adequately protected. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

Effective 10-9-08 80

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087 FS. History – New 4-1-82, Formerly 17-28.55, 17-28.550, 62-28.550, Amended 8-10-95, 6-24-97, 11-20-02.

62-528.625 Plugging and Abandonment for Class V Wells.

(1) The Department shall order a Class V well plugged and abandoned when it no longer performs its intended purpose, or when it is determined that the presence of the well may cause or allow a violation of a primary or secondary drinking water standard contained in Chapter 62-550, F.A.C., or may otherwise adversely affect the health of persons.

(2) A plugging and abandonment plan shall be submitted to the Department with the construction permit application.

(3) Prior to abandoning Class V wells, the well shall be plugged with cement in a manner which will not allow movement of fluids between underground sources of drinking water. The proposed plugging method and type of cement shall be approved by the Department by inclusion as a condition of the permit. Placement of the cement shall be accomplished by any recognized method which is approved by the Department in the permit.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087 FS. History – New 4-1-82, Formerly 17-28.56, 17-28.560, 62-28.560, Amended 8-10-95.

PART VI

CLASS V WELL PERMITTING

62-528.630 General Permitting Requirements for Class V Wells.

(1) Except as provided in subsection (2) below, underground injection through a Class V well which begins operation after April 1, 1982, is prohibited except as authorized by permit. The construction or modification of any Class V well required to have a permit under rules 62-528.600 through 62-528.645, F.A.C., is prohibited until the permit has been issued. In addition to the specific provisions of rules 62-528.630 through 62-528.645, F.A.C., the applicable general permitting conditions of rule 62-528.307 and the general provisions in chapter 62-4, F.A.C., shall apply, unless superseded by specific requirements for underground injection control in chapter 62-528.

(2) The following Class V well types are exempt from the permitting requirements of Rule 62-528.635, F.A.C., but shall be authorized in accordance with paragraphs (a)through (c) below.

(a) A general permit shall be granted under Rule 62-528.705 or .710, F.A.C., as appropriate, for:

1. Closed-loop air conditioning return flow wells and other noncontact closed-loop thermal exchange system wells with no provision for additives serving multifamily residential units or business establishments. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

Effective 10-9-08 81

2. Swimming pool drainage wells serving multifamily or public swimming pools.

(b) Swimming pool drainage wells and closed-loop air conditioning return flow wells with no provisions for additives serving a single-family residential unit are exempt from the permitting requirements of Chapter 62-528, F.A.C., provided the well is constructed in accordance with the requirements of Chapter 62-532, F.A.C., and the following information is submitted to the Department for inventory purposes:

1. Name and address of well owner,

2. Name and address of well driller,

3. Well location,

4. Well depth,

5. Cased depth,

6. Casing material,

7. Cemented interval, and

8. For air conditioning return flow well systems only, the depth and construction of supply wells for the air conditioning system.

(c) Class V wells associated with aquifer remediation projects shall be authorized under the provisions of a remedial action plan or other enforceable mechanism, provided the requirements of the rules governing the remediation project, as well as the construction, operation, and monitoring requirements of this Chapter are met. The following inventory information shall be submitted to the Department for inventory purposes:

1. Name and address of facility where the remediation project is taking place;

2. Name and address of the owner of the facility where the remediation project is taking place;

3. Name and address of water well contractor;

4. Location of all injection wells and associated monitor wells;

5. Construction details for all injection and monitor wells including:

a. Total depth and cased depth, or screened interval (as appropriate) ,

b. Casing material, and

c. Cemented interval; and

6. A brief description of the remediation project.

(3) No underground injection control authorization by permit or rule shall be allowed where a Class V well causes or allows movement of fluid containing any contaminant into underground sources of drinking water, and the presence of that contaminant may cause a violation of any primary drinking water regulation under Chapter 403, F.S., and Chapter 62-550, F.A.C., or which may adversely affect the health of persons.

(4) If at any time the Department learns that an existing Class V well may cause a violation of primary drinking water standards under Chapter 62-550, F.A.C., the Department shall, as determined by following the process in Rule 62-528.100(2), F.A.C.:

(a) Require a permit for such Class V well; DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

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(b) Order the injector to take such actions needed to prevent the violation, including, when necessary, closure of the injection well.

(c) Require monitoring to demonstrate that the water quality criteria in Rule

62-520.420, F.A.C., are not violated; or

(d) Take enforcement action.

(5) Whenever the Department learns that a Class V well may be otherwise adversely affecting the health of persons, the Department shall prescribe action necessary to prevent the adverse effect, including any action authorized under subsection (4). The process for determining these actions is described in Rule 62-528.100(2), F.A.C.

(6) Notwithstanding any other provision of this Chapter, the Department shall take immediate action upon receipt of information that a contaminant which is present or is likely to enter a public water system may present an imminent and substantial endangerment to the health of persons.

(7) All Class V Group 3 wells designed to inject domestic wastewater in Monroe County shall be required as part of the operation permit application to provide reasonable assurance that operation of the well will not cause or contribute to a violation of surface water standards as defined in Chapter 62-302, F.A.C.

(8) Inventory Requirements.

(a) The owner or operator of any Class V well shall notify the Department of the existence of any well meeting the definitions of Class V under his control, and submit the inventory information required in subsection (9) below.

(b) The owner or operator of a cooling water return flow well, air conditioning return flow well, or swimming pool drainage well authorized under Rule 62-528.630(2)(b), F.A.C., shall submit the inventory information required under that paragraph in lieu of that required by subsection (10) below.

(c) If the owner or operator of any Class V well authorized under this section or Rule 62-528.630(2)(b), F.A.C., fails to comply with the inventory requirements of this section or Rule 62-528.630(2)(b), F.A.C., that authorization shall automatically terminate.

(9) As part of the inventory, the Department shall require the following information:

(a) Facility name and location, including a plot plan showing location of well(s);

(b) Name and address of legal contact;

(c) Ownership of facility;

(d) Nature and type of injection wells, including installed dimensions of wells and construction materials;

(e) Operating status of injection wells, including history of injection;

(f) Volume of injected fluid;

(g) Nature of injected fluid;

(h) Description of injection system, including monitoring well(s), if any. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

Effective 10-9-08 83

(10) A group of similarly designed injection wells within the same wellfield, owned and operated by the same applicant serving the same purpose may be permitted as a system rather than as individual wells, however a separate permit fee as specified in Rule 62-4.050(4)(m), F.A.C., shall be assessed for each well.

(11) At least 30 days prior to sale or legal transfer of a Class V well, the new owner shall notify the Department. Until such time as notice of change in ownership is submitted, the owner reflected on the permit/clearance shall be responsible for the operation of the well and for damages resulting from improper operation of the wells.

(12) A separate underground injection control permit shall be obtained for a Class V well which is constructed and operated as part of a fluid treatment or disposal system permitted by the Department.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 373.313, 403.021, 403.061, 403.062, 403.087, 403.088, 403.161 FS. History – New 4-1-82, Amended 5-8-85, Formerly 17-28.61, 17-28.610, 62-28.610, Amended 8-10-95, 6-24-97, 7-15-99, 11-20-02.

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

(1) All owners or operators of Class V wells shall obtain a two-part Construction/Clearance Permit, except as provided in Rule 62-528.630(2), F.A.C. The applicant shall submit to the Department the following information before receiving permission to construct:

(a) Facility name and location;

(b) Name, address, and signature of owner (or authorized representative) of facility;

(c) Name, address, license number, and signature of Florida licensed water well contractor;

(d) Well location and depth, and casing diameter and depth for all water supply wells on the applicant’s property, and well location for all water supply wells of public record within a one-half mile radius of the proposed well;

(e) Description and use of proposed injection system, including type and construction of injection wells, physical and chemical analyses, estimated quantity, pertinent bacteriological analyses of injected fluid, and any proposed pretreatment.

(f) Proposed drilling and testing plan for any exploratory borehole or exploratory well proposed for the purpose of determining feasibility of Class V well injection at that site.

(g) If the flow of surface or other waters is directed by ditches or other artificial methods to the well, a delineation of the area drained by these features shall be provided.

(2) When site-specific conditions indicate that there is a threat to an underground source of drinking water, the applicant shall submit to the Department the following information before receiving permission to construct:

(a) Completed report of inspection by local programs or water management districts which have agreements with the Department.

(b) Bacteriological examination of the injection fluid, on-site monitor wells, and the nearest down-gradient domestic or public water supply well within a one-half mile radius that are drilled to the same formation(s) as the proposed Class V well. The bacteriological survey shall be conducted as follows:

1. Samples shall be collected from each well for the first three days of each week for four weeks.

2. Duplicate samples shall be collected in each case after the well has been pumped at least twenty minutes. Whenever a drainage well installation is approved following preliminary bacteriological survey of neighboring water supply wells, an identical survey of the same well shall be conducted following active use of the drainage well.

(c) If a drainage well or drainage structure will present a possible pollution hazard to an underground source of drinking water, additional data shall be required.

(3) Upon completion of the well construction, the water well contractor shall certify with the Department that the well has been completed in accordance with the approved construction plan, and submit any other additional information required by the construction permit before the well can be put into service.

(4) If the applicant demonstrates that the operation of the well will not adversely impact an underground source of drinking water, the Department shall issue an authorization to use a Class V well, which is non-renewable and non-expiring for the Class V groups or well types listed in (a) through (d) below. The authorization shall contain operating and reporting requirements. Other Class V wells not specifically exempted under Rule 62-528.640(1)(c), F.A.C., shall obtain an operation permit before injecting fluids into the well.

(a) Group 1 wells on a closed-loop system with no provisions for additives, except those Group 1 wells receiving a general permit under Rule 62-528.705, F.A.C, or exempt from permitting under Rule 62-528.630(2)(b), F.A.C.;

(b) Group 2, Group 7, and Group 9 wells (except swimming pool drainage wells) when the fluids being injected meet the primary and secondary drinking water quality standards contained in Chapter 62-550, F.A.C., and the minimum criteria contained in Rule 62-520.400, F.A.C.;

(c) Group 5 sand backfill wells; and

(d) Group 6 wells unless injection is into an underground source of drinking water.

(5) The permittee shall perform initial or periodic testing of the Class V well if site-specific factors or operational testing indicate that there is a threat to underground sources of drinking water.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 373.313, 403.021, 403.061, 403.062, 403.087, 403.088, 403.161 FS. History – New 4-1-82, Amended 8-30-82, Formerly 17-4.27(2), Amended 5-8-85, Formerly 17-28.62, 17-28.620, 62-28.620, Amended 8-10-95, 6-24-97, 11-20-02. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

 

Effective 10-9-08 85

62-528.640 Operation Permit for Class V Wells.

(1) In addition to a Construction/Clearance Permit, the owner or operator of these wells shall obtain an operation permit as required under this subsection.

(a) The following Class V groups and well types shall obtain an operation permit:

1. Cooling water return flow wells using an open-looped system, or any system using additives;

2. Groups 2, 7, and 8 wells, except swimming pool drainage wells, unless the fluids being injected meet the primary and secondary drinking water standards contained in Chapter 62-550, F.A.C., and minimum criteria contained in Rule 62-520.400, F.A.C.;

3. Group 3 wells;

4. Group 4 wells;

5. Group 5 wells, except sand backfill wells; and

6. Group 6 wells if injection is into an underground source of drinking water.

(b) In addition to the Class V groups and well types listed in paragraph (a) above which are required to obtain an operation permit, the Department shall require the owner or operator of any Class V group or well type to obtain an operation permit if the Department determines that the operation of a Class V well has the potential to cause or allow fluid movement into an underground source of drinking water which may cause a violation of a primary or secondary drinking water standard contained in Chapter 62-550, F.A.C., or minimum criteria contained in Rule 62-520.400, F.A.C. In making this determination the Department shall consider the following:

1. Quality of water in all aquifers penetrated by the well;

2. Quality of the injection fluid;

3. Volume of fluid injected;

4. Existing and potential uses of aquifer within the area which may be affected by the well; and

5. Well construction.

(c) Operation permits are not required for Group 1 wells and swimming pool drainage wells meeting the requirements for a general permit under Rules 62-528.705 and .710, F.A.C., aquifer remediation wells authorized under the provisions of a remedial action plan as allowed under Rule 62-528.630(2)(c), F.A.C., and Group 7 wells when the injection fluid meets the primary and secondary drinking water standards contained in Chapter 62-550, F.A.C., and the minimum criteria contained in Rule 62-520.400, F.A.C., and have been processed through a permitted drinking water treatment facility.

(2) Operation permits shall be issued for a period not to exceed five years.

(3) At least 60 days before expiration of an operation permit, the owner or operator shall apply for renewal of his permit.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 373.313, 403.021, 403.061, 403.062, 403.087, 403.088, 403.161 FS. History – New 4-DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

 

Effective 10-9-08 86

1-82, Amended 5-8-85, Formerly 17-28.63, 17-28.630, 62-28.630, Amended 8-10-95, 6-24-97.

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

(1) The owner or operator of any Class V well shall apply for a plugging and abandonment permit when the well is no longer used or usable for its intended purpose or other purpose as approved by the Department. The application shall include the proposed plugging plan and justification for abandonment. Plugging shall be performed by a Florida licensed water well contractor.

(2) Upon completion of plugging and abandonment procedures, the engineer of record shall provide certification of completion in accordance with the plans and specifications.

(3) The owner or operator of any Class V well shall provide evidence, such as a sealed copy of certification from the county clerk, that a surveyor’s plot of the location of the abandoned well has been recorded in the county courthouse property records.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 373.313, 403.021, 403.061, 403.062, 403.087, 403.088, 403.161 FS. History – New 4-1-82, Amended 5-8-85, Formerly 17-28.64, 17-28.640, 62-28.640, Amended 8-10-95.

62-528.700 Installations Discharging to Ground Water; Permitting and Monitoring Requirements.

Specific Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.121, 403.141, 403.161, 403.182, 403.201, 403.502, 403.504, 403.702, 403.708 FS. History – New 3-1-79; Amended 1-1-83, 7-18-85, 7-9-87, 2-11-88, 11-23-88; Formerly 17-4.245, 17-28.700, 62-28.700, Repealed 8-10-95.

PART VII

62-528.705 General Permit for the Construction of a Closed-Loop Air Conditioning Return Flow Well.

(1) A general permit is hereby granted for the construction of a closed-loop air conditioning return flow well or noncontact, closed-loop thermal exchange system well, with no provision for additives, described in Rule 62-528.630(2)(a)1., F.A.C., that has been designed in accordance with the standards and criteria set forth in Rule

62-528.605, F.A.C., provided that notice to the Department under Rule 62-4.530(1), F.A.C., is submitted on Form 62-528.900(7), F.A.C.

(2) This general permit is subject to the general conditions of Rule 62-4.540, F.A.C., and the following specific conditions:

(a) Within thirty days of completion of construction, the permittee or his engineer of record shall certify to the Department that the permitted construction is complete and that it was done in accordance with the plans submitted to the Department. DEP 2008 UNDERGROUND INJECTION CONTROL 62-528

 

Effective 10-9-08 87

(b) This general permit is limited to closed-loop systems as defined in Rule 62-528.300(1)(e)1.a., F.A.C., with no provisions for additives.

(3) Rules 62-528.630(3) through (6), F.A.C., apply to wells operating under a general permit.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.309, 373.313, 403.021, 403.031, 403.062, 403.087, 403.813 FS. History – New 5-8-85, Formerly 17-4.73, 17-28.801, 62-28.801, Amended 8-10-95.

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

(1) A general permit is hereby granted for construction of a swimming pool drainage well that has been designed in accordance with the standards and criteria set forth in Rule 62-528.605, F.A.C., provided that notice to the Department under Rule 62-4.530(1), F.A.C., is submitted on Form 62-528.900(9), F.A.C.

(2) This general permit is subject to the general conditions of Rule 62-4.540, F.A.C., and the condition that within thirty days after completion of construction, the permittee or his engineer of record shall certify to the Department that the permitted construction is complete and that it was done in accordance with the plans submitted to the Department.

(3) Rules 62-528.630(3) through (6), F.A.C., apply to swimming pool drainage wells operating under a general permit.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.309, 373.313, 403.021, 403.031, 403.062, 403.087, 403.813 FS. History – New 5-8-85, Formerly 17-4.74, 17-4.740, 17-28.802, 62-28.802, Amended 8-10-95, 6-24-97.

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

Specific Authority 403.814 FS. Law Implemented 403.061, 403.087, 403.088, 403.814 FS. History – New 6-5-88, Formerly 17-28.822, Formerly 62-28.822, Repealed 8-10-95.

PART IX

FORMS

62-528.900 Forms for Underground Injection Control.

The forms used by the Department in the Underground Injection Control Program are adopted and incorporated by reference in this section. The form is listed by rule number, which is also the form number, and with the effective date. Copies of forms may be obtained by writing to the Department of Environmental Protection, Division of Water Facilities, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) Application to Construct/Operate/Abandon Class I, III, or V Injection Well Systems, 6-24-97.

(2) Certification of Plugging Completion Class I, III, or V Well, 8-10-95.

(3) Construction/Clearance Permit Application for Class V Well, 8-10-95.

(4) Certification of Class V Well Construction Completion, 8-10-95.

 

DEP 2008 UNDERGROUND INJECTION CONTROL 62-528 Effective 10-9-08 88

(5) Authorization for Class V Well Use, 8-10-95.

(6) Application for Class V Well Plugging and Abandonment Permit, 8-10-95.

(7) General Permit Form for Closed-Loop Air Conditioning Return Flow Class V Injection Well, 8-10-95.

(8) Notification to the Florida Department of Environmental Protection of Class V Well Ownership, 8-10-95.

(9) Inventory Form for Single-Family Closed-Loop Air Conditioning Return Flow and Swimming Pool Drainage Class V Injection Wells, 8-10-95.

(10) Certification of Monitor Well Completion, 8-10-95.

Specific Authority 373.309, 403.061, 403.062, 403.087 FS. Law Implemented 373.308, 403.021, 403.061 FS. History – New 11-30-82, Amended 5-8-85, Formerly 17-1.209, 62-1.209, Amended 8-10-95, 6-24-97.

 

 

 

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