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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJune 2016

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Regulatory Flexibility Act Form

Authenticated PDF Version

7 DE Admin. Code 7102
State of Delaware Regulations Governing Underground Injection Control.
The purpose of the proposed revisions is to bring the regulations into compliance with current federal requirements, as determined by the United States Environmental Protection Agency (EPA). The EPA issued the Revisions to the Underground Injection Control (UIC) Regulations for Class V Injection Wells, effective April 2000 and December 2011. With this, the State of Delaware Regulations Governing Underground Injection Control is to be amended. The revised State regulations will also expand the existing regulations to include additional requirements for multiple water management activities.
State of Delaware Regulations Governing the Construction and Use of Wells.
The hearing record on the proposed changes to State of Delaware Regulations Governing Underground Injection Control will be open June 1, 2016. Individuals may submit written comments regarding the proposed changes via e-mail to Lisa.Vest@state.de.us or via the USPS to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901 (302) 739-9042. A public hearing on the proposed amendment will be held on July 14, 2016 beginning at 6:00 PM in the DNREC Auditorium, located at the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901.
1.3 Definitions-The following definitions apply to Section 1.0, 2.0, and 3.0. Terms not defined in this section have the meaning given by the appropriate Act. When a defined term appears in a definition, the defined term is sometimes placed within quotation marks as an aid to readers.
Abandoned well” means a well whose use has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose or for observation purposes.
“Administrator” means the Administrator of the United States Environmental Protection Agency, or an authorized representative.
“Application” means the DNREC standard forms for applying for a permit, including any additions, revisions or modifications to the forms.
“Appropriate Act and regulations” means the Delaware Environmental Protection Act (DEPA) or Safe Drinking Water Act (SDWA) and applicable regulations promulgated under those statutes.
“Approved program or approved State” means a State or interstate program which has been approved or authorized by EPA.
“Aquifer” means a geological "formation", group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.
“Area of review” means the area surrounding an injection well described according to the criteria set forth in §3.6, or in the case of an area permit, the project area plus a circumscribing area the width of which is either 1/4 of a mile or a number calculated according to the criteria set forth in §3.6.
“Casing” means a pipe or tubing of appropriate material, of varying diameter and weight, lowered into a borehole during or after drilling in order to support the sides of the hole and thus prevent the walls from caving, to prevent loss of drilling mud into porous ground, or to prevent water, gas, or other fluid from entering or leaving the hole.
“Catastrophic collapse” means the sudden or utter failure of overlying "strata" caused by removal of underlying materials.
“Cementing” means the operation whereby a cement slurry is pumped into a drilled hole and/or forced behind the casing.
“Confining bed” means a body of impermeable or distinctly less permeable material stratigraphically adjacent to one or more aquifers.
“Confining zone” means a geological formation, group of formations, or part of a formation that is capable of limiting fluid movement above an injection zone.
“Conventional mine” means an open pit or underground excavation for the production of minerals.
“Contaminant” means any physical, chemical, biological, or radiological substance or matter in water.
“CWA” means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act. Amendments of 1972) Pub.L. 92-500, as amended by Pub.L. 95-217 and Pub.L. 95-576: 33 U.S.C. §1251 et seq.
“Delaware Environmental Protection Act ("DEPA")” means the State of Delaware Environmental Protection Act under 7 Del.C. Ch. 60.
“DEPA” means the Delaware Environmental Protection Act.
“Department of Natural Resources and Environmental Control ("DNREC")” means the State of Delaware Department of Natural Resources and Environmental Control.
“DNREC” means the Department of Natural Resources and Environmental Control.
“Disposal well” means a well used for the disposal of waste into a subsurface stratum.
“Draft permit” means a document prepared under §2.5 indicating the Director's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a "permit." A notice of intent to terminate a permit and a notice of intent to deny a permit as discussed in §2.4 are types of "draft permits." A denial of a request for modification, revocation and reissuance, or termination, as discussed in §2.4 is not a "draft permit." A "proposed permit" is not a "draft permit."
“Drilling mud” means a heavy suspension used in drilling an "injection well," introduced down the drill pipe and through the drill bit.
“Effective date of a UIC program” means the date that a State UIC program is approved or established by the Administrator.
“Emergency permit means” a UIC "permit" issued in accordance with §1.30.
“Environmental Protection Agency ("EPA")” means the United States Environmental Protection Agency.
“EPA” means the United States "Environmental Protection Agency."
“Exempted aquifer” means an "aquifer" or its portion that meets the criteria in the definition of "underground source of drinking water" but which has been exempted according to the procedures in §1.25.2.
“Existing injection well” means an "injection well" other than a "new injection well."
“Experimental technology” means a technology which has not been proven feasible under the conditions in which it is being tested.
“Facility or activity” means any "injection well" activity, or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the UIC program.
“Fault” means a surface or zone of rock fracture along which there has been displacement.
“Flow rate” means the volume per time unit given to the flow of gases or other fluid substance which emerges from an orifice, pump, turbine or passes along a conduit or channel.
“Fluid” means material or substance which flows or moves whether in a semisolid, liquid, sludge, gas, or any other form or state.
“Formation” means a body of rock characterized by a degree of lithologic homogeneity which is prevailingly, but not necessarily, tabular and is mappable on the earth's surface or traceable in the subsurface.
“Formation fluid” means "fluid" present in a "formation" under natural conditions as opposed to introduced fluids, such as "drilling mud."
“Generator” means any person, by site location, whose act or process produces hazardous waste identified or listed in Part 261 of the Delaware Regulations Governing Hazardous Waste Program.
“Ground water” means any water naturally found under the surface of the earth.
“Hazardous waste” means a hazardous waste as defined in 40 CFR §261.3.
“Hazardous Waste Management facility ("HWM facility")” means all contiguous land, and structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (for example, one or more landfills, surface impoundments, or combination of them).
“HWM facility” means "Hazardous Waste Management facility."
“Injection well” means a "well" into which "fluids" are being injected.
“Injection zone” means a geological "formation," group of formations, or part of a formation receiving fluids through a "well."
“Interstate agency” means an agency of two or more States established by or under an agreement or compact approved by the Congress, or any other agency of two or more States having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator under the "appropriate Act and regulations."
“Lithology” means the description of rocks on the basis of their physical and chemical characteristics.
“Major facility” means any UIC "facility or activity" classified as such by the Regional Administrator in conjunction with the Secretary.
“New injection well” means a "well" which began injection after a UIC program for the State applicable to the well is approved.
“Owner or operator” means the owner or operator of any "facility or activity" subject to regulation under the UIC program.
“Packer” means a device lowered into a well to produce a fluid-tight seal within the casing.
“Permit” means an authorization, license, or equivalent control document, issued by DNREC to implement the requirements of this Part and Part 124. "Permit" includes UIC emergency permit (§122.30). Permit does not include any permit which has not yet been the subject of final agency action, such as a "draft permit" or a "proposed permit."
“Person” means an individual, association, institute, partnership, corporation, municipality, State or Federal agency, or an agent or employee thereof.
“Plugging” means the act or process of stopping the flow of water, oil, or gas into or out of a formation through a borehole or well penetrating that formation.
“Plugging record” means a systematic listing of permanent or temporary abandonment of water, oil, gas, test, exploration and waste injection wells, and may contain a well log, description of amounts and types of plugging material used, the method employed for plugging, a description of formations which are sealed and a graphic log of the well showing formation location, formation thickness, and location of plugging structures.
“POTW” means "publicly owned treatment works."
“Pressure” means the total load or force per unit area acting on a surface.
“Project” means a group of wells in a single operation.
“Public owned treatment works ("POTW")” means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a "State" or "municipality." This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.
“Radioactive waste” means any waste which contains radioactive material in concentrations which exceed those listed in 10 CFR Part 20, Appendix B, Table II, Column 2.
“RCRA” means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 (Pub.L. 94-580, as amended by Pub.L. 95-609, 42 U.S.C. 6901 et. seq.).
“Regional Administrator” means the Regional Administrator of the appropriate Regional Office of the Environmental Protection Agency or the authorized representative of the Regional Administrator.
“Schedule of compliance” means a schedule of remedial measures included in a "permit," including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with the "appropriate Act and regulations."
“SDWA” means the Safe Drinking Water Act (Pub.L. 95-523, as amended by Pub.L. 95-1900; 42 U.S.C. §300f et seq.).
“Secretary” means the Secretary of the Department of Natural Resources and Environmental Control or his delegated representative.
“Site” means the land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity.
“Sole or principal source aquifer” means an aquifer which has been designated by the Secretary pursuant to 7 Del.C. Ch. 60.
“State/EPA Agreement” means an agreement between the Regional Administrator and the State which coordinates EPA and State activities, responsibilities and program.
“Stratum (plural strata)” means a single sedimentary bed or layer, regardless of thickness, that consists of generally the same kind of rock material.
“Subsidence” means the lowering of the natural land surface in response to: Earth movements; lowering of fluid pressure; removal of underlying supporting material by mining or solution of solids, either artificially or from natural causes; compaction due to wetting (Hydrocompaction); oxidation of organic matter in soils; or added load on the land surface.
“Surface casing” means the first string of well casing to be installed in the well.
“Total dissolved solids ("TDS")” means the total dissolved (filterable) solids as determined by use of the method specified in 40 CFR Part 136.
“Treatment” means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any "hazardous waste" so as to neutralize such wastes, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.
“UIC” means the Underground Injection Control program under Part C of the Safe Drinking Water Act, including an "approved program."
“Underground injection” means a "well injection."
“USDW” means "underground source of drinking water."
“Well” means a bored, drilled or driven shaft, or a dug hole, whose depth is greater than the largest surface dimension.
“Well injection” means the subsurface emplacement of "fluids" through a bored, drilled, or driven "well" or through a dug well, where the depth of the dug well is greater than the largest surface dimension.
“Well plug” means a watertight and gastight seal installed in a borehole or well to prevent movement of fluids.
“Well stimulation” means several processes used to clean the well bore, enlarge channels, and increase pore space in the interval to be injected thus making it possible for wastewater to move more readily into the formation, and includes (1) surging, (2) jetting, (3) blasting, (4) acidizing, (5) hydraulic fracturing.
“Well monitoring” means the measurement, by on-site instruments or laboratory methods, of the quality of water in a well.
1.25.2.3 Subsequent to program approval, the Secretary may, after notice and opportunity for a public hearing, identify additional exempted aquifers. Exemption of aquifers identified (i) under §3.4.2 shall be treated as a program revision; (ii) under §3.4.3 shall become final if the Secretary submits the exemption in writing to the Administrator and the Administrator has not disapproved the designation within 45 days. Any disapproval by the Administrator shall state the reasons and shall constitute final agency action for purposes of judicial review.
1.30.1 Coverage.Notwithstanding any other provision of this Section or Section 2.0, the Secretary may temporarily permit a specific underground injection which has not otherwise been authorized by rule or permit if:
1.32.3 Operation requirements as set forth in Section 3.0; the permit shall establish any maximum injection volumes and/or pressures necessary to assure that fractures are not initiated in the confining zone, that injected fluids do not migrate into any underground source of drinking water, that formation fluids are not displaced into any underground source of drinking water, and to assure compliance with the Section 3.0 operating requirements.
2.1 Purpose and scope.
Subpart A. Subpart A.
Sec. Sec.
122.1 (a), (b), (c), (d) 144.2 (d), (e) Respectively
122.2 (a), (b) 144.2 (a), (b) Resp.
122.3 144.4
122.4 (a), (b), (c) 144.31 (a), (b), (c) Resp.
(d)(1) thru (d)(5) (d)(1) thru (d)(5) Resp.
(d)(6) thru (d)(8), (e) (d)(6)(ii), (d)(7), (d)(8), (e) Resp.
122.6 (a) thru (d) 144.32 (a) thru (d) Resp.
122.7 (a) thru (1) 144.51 (a) thru (1) Resp.
122.8 (a)(1) thru (a)(4), (b) 144.52 (a), (b)(1) thru (b)(3) Resp.
122.9 (a), (b), (c) 144.36 (c), (d), (e) Resp.
122.10 (a)(1) thru (a)(3) 144.53 (a)(1)(ii), (a)(3)(i), (a)(4) Resp.
(b)(1) thru (b)(4) (b)(1) thru (b)(4) Resp.
122.11 (a) thru (c) 144.54 (a) thru (c) Resp.
122.12 144.5
122.13 (a) thru (c) 144.35 (a) thru (c) Resp.
122.14 (a) thru (b) 144.38 (a) thru (b) Resp.
122.15 (a)(1) thru (a)(3)(ii), 144.39 (a) thru (a)(3)(ii) Resp.
(a)(4) (a)(4)
(b)(1) thru (b)(2), (c) (b)(1) thru (b)(2), (c) Resp.
122.16 (a)(1) thru (a)(3), (b) 144.40 (a)(1) thru (a)(3), (b) Resp.
122.17 (a) thru (d) 144.41 (a) thru (d) Resp.
(e)(1) thru (e)(3) (f)(1) thru (f)(3) Resp.
(c)(1) thru (c)(2) (e)(1) thru (e)(2) Resp.
122.19 (a), (b)(1) thru (b)(2) 144.6 (a), (b)(1) thru (b)(2) Resp.
122.23 Subpart C.
144.34 (a)(1), (b)(1) 144.7 (a) thru (e) Resp.
(b)(2) thru (b)(4) 144.4
144.51 (a) thru (e) 144.12 (a) thru (e) Resp.
144.52 (a) thru (i) 144.8 (a), (b)(1) thru (b)(3) Resp.
144.16 (a) thru (c) 144.31 (a) thru (c) Resp.
144.55 (a) 122.40 (a)(1), (b)(1) Resp.
(b)(1) thru (b)(3) (b)(4) thru (b)(6) Resp.
SDR CFR
Subpart A. Subpart A.
Sec. Sec.
124.1 (a) thru (d) 124.1 (d) thru (c), (f) Resp.
124.3 (a)(1) thru (a)(3) 124.3 (a)(1) thru (a)(3) Resp.
124.4 (a) thru (d) 124.5 (a) thru (d) Resp.
124.5 (a) thru (d) 124.6 (a), (b), (d), (e) Resp.
124.6 (a), (b)(1) thru (b)(5) 124.8 (a), (b)(1), (b)(2), (b)(5),
124.7 (a)(1)(i) thru (a)(1)(iv) 124.10 (a)(1)(i) thru (a)(1)(iv) Resp.
(a)(2), (a)(3) (a)(2), (a)(3) Resp.
(b)(1), (b)(2) (b)(1), (b)(2) Resp.
(c)(1)(i) thru (c)(1)(iii) (c)(1)(i) thru (c)(1)(iii) Resp.
(c)(1)(iv)(A) thru (c)(1)(viii)(A) thru
(c)(1)(iv)(C) (c)(1)(viii)(C) Resp.
(c)(2), (c)(3) (c)(2), (c)(3) Resp.
(d)(1)(i) thru (d)(1)(v) (d)(1)(i) thru (d)(1)(v) Resp.
(d)(1)(vi) (d)(1)(ix)
(d)(2)(i) thru (d)(2)(iii), (e) (d)(2)(i) thru (d)(2)(iii), (e) Resp.
124.8 124.11
124.9 (a) thru (d) 124.12 (a), (c) thru (e) Resp.
124.10 124.13
124.11 (a)(1) thru (a)(3) (b), (c) 124.14 (a)(1) thru (a)(3) Resp.
124.12 (a), (b)(1) thru (b)(3) 124.15 (a), (b)(1) thru (b)(3) Resp.
124.13 (a)(1), (a)(2), (b)(1) 124.16 (a)(1), (a)(2), (b)(1) Resp.
(c)(1), (c)(2) (c)(1), (c)(2) Resp.
124.14 (a)(1), (a)(2), (b) 124.17 (a)(1), (a)(2), (c) Resp.
124.15 (a)(1), (a)(2), (b), (c) 124.19 (a)(1), (a)(2), (b), (c) Resp.
(d), (e)(1), (e)(2) (e), (f)(1), (f)(2) Resp.
124.16 (a) thru (d) 124.20 (a) thru (d) Resp.
SDR CFR
Subpart A. Subpart A.
Sec. Sec.
146.01 (a), (b) 146.01 (a), (b) Resp.
146.04 (a), (b)(1) and (b)(2), (c) 146.04 (a), (b)(1) thru (b)(4), (c) Resp.
146.06 (a) and (b) 146.06 (a) thru (c) Resp.
146.07 146.07
146.08 146.08
146.09 146.09
146.10 146.10
Subpart B. Subpart B.
Sec. Sec.
146.11 146.11
(a), (b)
146.12 (a) thru (e) 146.12 (a) thru (e) Respectively
146.13 (a) thru (c) 146.13 (a) thru (c) Respectively
146.14 (a) thru (c) 146.14 (a) thru (c) Respectively
1.1 The Underground Injection Control (UIC) program for all classes of injection wells in the State of Delaware is administered by the Delaware Department of Natural Resources and Environmental Control (DNREC) and approved by the United States Environmental Protection Agency (EPA) pursuant to the Safe Drinking Water Act (SDWA). Notice of this approval was published in the Federal Register on April 5, 1984 (49 FR 13525); the effective date of this program was May 7, 1984. The UIC Regulations and the UIC permit program are adopted under the authority of Chapter 60 of Title 7 of the Delaware Code.
ASR means Aquifer Storage and Recovery
CFR means the Code of Federal Regulations
CWA means the Clean Water Act
DEPA means the Delaware Environmental Protection Act
DNREC means the State of Delaware Department of Natural Resources and Environmental Control
DW means the Division of Water
EAB means the Environmental Appeals Board established by 7 Del.C. §6007
EPA means the United States Environmental Protection Agency
GWDS means the Ground Water Discharges Section
NAICS means North American Industrial Classification System
NPDES means National Pollution Discharge Elimination System
OWTDS means an On-Site Wastewater Treatment and Disposal System
POTW means Publicly Owned Treatment Works
RCRA means the Resource Conservation and Recovery Act of 1976
RIB means Rapid Infiltration Basin
SDWA means the Safe Drinking Water Act
SIC means Standard Industrial Classification
TMDL means Total Maximum Daily Load
UIC means Underground Injection Control
USDW means Underground Source(s) of Drinking Water
"Abandoned well" means a well whose use has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose or for observation purposes.
"Act" means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act Amendments of 1972).
"Administrator" means the Administrator of the United States Environmental Protection Agency, or an authorized representative.
"Annulus" refers to the space between the well casing and the wall of the bore hole; the space between concentric strings of casing; the space between casing and tubing.
"Application" means the DNREC standard forms for applying for a permit, including any additions, revisions or modifications to the forms.
"Applicant" means the owner or legally authorized agent of the owner as evidenced by sufficient written documentation.
"Appropriate Act and Regulations" means the Clean Water Act (CWA); the Solid Waste Disposal Act, as amended by the Resource Conservation Recovery Act (RCRA); or Safe Drinking Water Act (SDWA), whichever is applicable; and applicable regulations promulgated under those statutes. In the case of an "Approved State Program," "Appropriate Act and Regulations" includes program requirements.
"Approved program or approved State" means a State or interstate program which has been approved or authorized by EPA.
"Approved State Program" means a UIC program administered by the State or Indian Tribe that has been approved by EPA according to SDWA Sections 1422 and 1425.
"Aquifer" means a geological "formation", group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.
"Aquifer Storage and Recovery (well)" refers to a well that is utilized for the purpose of storing potable water in an aquifer; potable water is injected into the aquifer and withdrawn at a later date.
"Area of review (AoR)" refers to the region surrounding the geologic sequestration project where USDWs may be endangered by the injection activity. The area of review is delineated using computational modeling that accounts for the physical and chemical properties of all phases of the injected carbon dioxide stream and displaced fluids, and is based on available site characterization, monitoring, and operational data.
"Authorization by Rule" refers to the operation of a category of injection wells operated in compliance with these Regulations, without the need for a permit or Rule Authorization letter; and this activity does not endanger underground sources of drinking water and the activity complies with other UIC program requirements.
"Automatic shut-off device" means a valve which closes when a pre-determined pressure or flow value is exceeded. Shut-off devices in injection wells can automatically shut down injection activities preventing an excursion outside of the permitted values.
"Ball valve" means a valve consisting of a hole drilled through a ball placed in between two seals. The valve is closed when the ball is rotated in the seals so the flow path no longer aligns and is blocked.
"Biosphere" refers to the part of the Earth's crust, waters, and atmosphere that supports life.
"Brine" refers to a strong saline solution; also refers to the discharge fluid generated by a water treatment process.
"Buoyancy" means the upward force on one phase (e.g., a fluid) produced by the surrounding fluid (e.g., a liquid or a gas) in which it is fully or partially immersed, caused by differences in pressure or density.
"Capillary force" refers to the adhesive force that holds a fluid in a capillary or a pore space. Capillary force is a function of the properties of the fluid, and surface and dimensions of the space. If the attraction between the fluid and surface is greater than the interaction of fluid molecules, the fluid will be held in place.
"Caprock" See confining zone.
"Carbon dioxide plume" refers to the extent underground, in three dimensions, of an injected carbon dioxide stream.
"Carbon dioxide (CO2) stream" refers to the carbon dioxide that has been captured from an emission source (e.g., a power plant), plus incidental associated substances derived from the source materials and the capture process, and any substances added to the stream to enable or improve the injection process. This subpart does not apply to any carbon dioxide stream that meets the definition of a hazardous waste under 40 CFR Part 261.
"Casing" means a pipe or tubing of appropriate material, of varying diameter and weight, lowered into a borehole during or after drilling in order to support the sides of the hole and thus prevent the walls from caving, to prevent loss of drilling mud into porous ground, or to prevent water, gas, or other fluid from entering or leaving the hole. The two types of casing in most injection wells are (1) surface casing, the outermost casing that extends from the surface to the base of the lowermost USDW and (2) long-string casing, which extends from the surface to or through the injection zone.
"Catastrophic collapse" means the sudden or utter failure of overlying "strata" caused by removal of underlying materials.
"Cement" refers to the material used to support and seal the well casing to the rock formations exposed in the borehole. Cement also protects the casing from corrosion and prevents movement of injectate up the borehole. The composition of the cement may vary based on the well type and purpose; cement may contain latex, mineral blends, or epoxy.
"Cementing" means the operation whereby a Portland cement slurry is pumped into a drilled hole and forced behind the casing.
"Cesspool" means a drywell that receives untreated sanitary waste containing human excreta, and which sometimes has an open bottom and perforated sides; or a covered pit with a porous lining into which wastewater is discharged and allowed to seep or leach into the surrounding soils with or without an absorption facility.
"CFR" means the Code of Federal Regulations.
"Class (I, II, III, IV, V, VI) Well" see Section 58.0, Classification of Injection Wells
"Class V Storm Water Drainage Well" refers to subsurface infiltration wells or pipes to manage surface water runoff (rainwater or snow melt); Storm water infiltration systems with piping to enhance infiltration capabilities meet the UIC definition of a Class V well.
"Code of Federal Regulations" (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the U.S. Federal Government.
"Commercial Facility" refers to any structure or building, or any portion therefore, other than a residential dwelling.
"Community System" means an on-site wastewater treatment and disposal system which serves more than three (3) lots, parcels, condominium units or units of a planned development.
"Confined Aquifer" refers to an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself and containing ground water. An aquifer containing ground water which is at a pressure greater than atmospheric pressure is one in which water in a well will rise to a level above the top of the aquifer.
"Confining bed" means a body of impermeable or distinctly less permeable material stratigraphically adjacent to one or more aquifers.
"Confining zone" means a geological formation, group of formations, or part of a formation that is capable of limiting fluid movement above an injection zone.
"Confining Layer" means a body of impermeable or distinctly less permeable material stratigraphically adjacent to one or more aquifers.
"Contaminant" means any physical, chemical, biological, or radiological substance or matter in water.
"Conventional mine" means an open pit or underground excavation for the production of minerals.
"Corrective action" means the use of Director approved methods to ensure that wells within the area of review do not serve as conduits for the movement of fluids into USDWs.
"Corrosive" means having the ability to wear away a material by chemical action.
"CWA" means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act. Amendments of 1972) Pub.L. 92-500, as amended by Pub.L. 95-217 and Pub.L. 95-576: 33 U.S.C. §1251 et seq.
"Delaware Environmental Protection Act" (DEPA) means the State of Delaware Environmental Protection Act codified in Chapter 60 of Title 7 of the Delaware Code.
"DEPA" means the Delaware Environmental Protection Act.
"Department" means the Department of Natural Resources and Environmental Control of the State of Delaware (DNREC) established by Chapter 80 of Title 29 of the Delaware Code and exercising the authority delegated thereby and by Chapter 60 of Title 7 of the Delaware Code.
"Department of Natural Resources and Environmental Control" (DNREC) means the State of Delaware Department of Natural Resources and Environmental Control.
"Dip" means the angle between a planar feature, such as a sedimentary bed or a fault, and the horizontal plane.
"Director" means the Director of DNREC's Division of Water.
"Disposal well" means a well used for the disposal of waste into a subsurface stratum.
"DNREC" means the State of Delaware Department of Natural Resources and Environmental Control.
"Domestic Effluent" means treated domestic/sanitary wastewater.
"Domestic wastewater" means the liquid and water-borne human and household type wastes derived from residential, industrial, institutional, or commercial sources.
"Down Gradient" refers to an area that has a lower potentiometric surface (hydraulic head) than a comparative reference point.
"Draft permit" means a prepared document indicating the Secretary's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a "permit." A notice of intent to terminate a permit and a notice of intent to deny a permit are types of "draft permits." A denial of a request for modification, revocation and reissuance, or termination, is not a "draft permit." A "proposed permit" is not a "draft permit."
"Drilling mud" means a heavy suspension used in drilling an "injection well," introduced down the drill pipe and through the drill bit.
"Drywell" means a well, other than an improved sinkhole or subsurface fluid distribution system, generally completed above the water table so that its bottom and sides are typically dry except when receiving fluids.
"Ductility" refers to the ability of a material to sustain stress until it fractures.
"DW" means the Division of Water.
"EAB" means the Environmental Appeals Board established by 7 Del.C. §6007.
"Effective date of a UIC program" means the date that a State UIC program is approved or established by the Secretary.
"Emergency permit" means a UIC "permit" issued in accordance with Section 35.0 of these regulations.
"Enhanced Coal Bed Methane (ECBM) recovery" means the process of injecting a gas (e.g., CO2) into coal, where it is adsorbed to the coal surface and methane is released. The methane can be captured and produced for economic purposes; when CO2 is injected, it adsorbs to the surface of the coal, where it remains trapped or sequestered.
"Enhanced Oil or Gas Recovery (EOR/EGR)" refers typically, the process of injecting a fluid (e.g., water, brine, or CO2) into an oil or gas bearing formation to recover residual oil or natural gas. The injected fluid thins (decreases the viscosity) and/or displaces extractable oil and gas, which is then available for recovery. This is also used for secondary or tertiary recovery.
"Environmental Appeals Board" means the Environmental Appeals Board established by 7 Del.C. §6007.
"Environmental Protection Agency" (EPA) means the United States Environmental Protection Agency.
"EPA" means the United States "Environmental Protection Agency."
"Exempted aquifer" means an "aquifer" or its portion that meets the criteria in the definition of "underground source of drinking water" but which has been exempted according to the procedures in Section 57.0 of these Regulations.
"Existing injection well" means an "injection well" other than a "new injection well."
"Experimental technology" means a technology which has not been proven feasible under the conditions in which it is being tested.
"Exploratory pilot hole" means a hole drilled for the purpose of obtaining subsurface information or as a guide for the drill bit to follow when drilling the final hole.
"Exploratory well" means a cased well drilled in an area in which there is limited hydrologic and geologic data, to obtain sufficient data to determine the feasibility of using an injection well at the site.
"Facility" means any building, any structure, any complex of buildings or structures, or any process, production equipment or machinery, which makes it possible for an activity to be conducted.
"Fact Sheet" refers to a document that briefly sets forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit.
"Fault" means a surface or zone of rock fracture along which there has been displacement.
"Flapper valve" refers to a valve consisting of a hinged flapper that seals the valve orifice. In Class VI wells, flapper valves can engage to shut off the flow of the CO2 when acceptable operating parameters are exceeded.
"Flow rate" means the volume per time unit given to the flow of gases or other fluid substance which emerges from an orifice, pump, turbine, or which passes along a conduit or channel.
"Fluid" means material or substance which flows or moves whether in a semisolid, liquid, sludge, gas, or any other form or state.
"Formation fluid" means "fluid" present in a "formation" under natural conditions as opposed to introduced fluids, such as "drilling mud."
"Formation" means a body of consolidated or unconsolidated rock characterized by a degree of lithologic homogeneity which is prevailingly, but not necessarily, tabular and is able to be mapped on the earth's surface or traceable in the subsurface.
"Generator" means any person, by site location, whose act or process produces waste.
"Geological formation" refers to a layer of rock that is made up of a certain type of rock or a combination of types.
"Geologic sequestration (GS)" refers to the long-term containment of a gaseous, liquid or supercritical carbon dioxide stream in subsurface geologic formations. This term does not apply to CO2 capture or transport.
"Geologic sequestration project" means, for the purpose of this regulation, an injection well or wells used to emplace a carbon dioxide stream beneath the lowermost formation containing a USDW; or, wells used for geologic sequestration of carbon dioxide that have been granted a waiver of the injection depth requirements pursuant to these requirements; or, wells used for geologic sequestration of carbon dioxide that have received an expansion to the areal extent of an existing Class II EOR/EGR aquifer exemption pursuant to these requirements. It includes the subsurface three-dimensional extent of the carbon dioxide plume, associated area of elevated pressure, and displaced fluids, as well as the surface area above that delineated region.
"Geophysical surveys" means the use of geophysical techniques (e.g., seismic, electrical, gravity, or electromagnetic surveys) to characterize subsurface rock formations.
"Ground water" means any water naturally found under the surface of the earth or water below the land surface in a zone of saturation.
"GWDS" means the Ground Water Discharges Section of the Division of Water.
"Hazardous Waste Management facility" (HWM facility) means all contiguous land, and structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (for example, one or more landfills, surface impoundments, or combination of them).
"Hazardous waste" means a hazardous waste as defined in the State of Delaware Regulations Governing Hazardous Waste.
"HWM facility" means "Hazardous Waste Management facility."
"Improved sinkhole" means a naturally occurring karst depression or other natural crevice found in volcanic terrain and other geologic settings which have been modified by man for the purpose of directing and emplacing fluids into the subsurface.
"Industrial Waste" means any water-borne liquid, gaseous, solid or other waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business, or from the development of any agricultural or natural resource.
"Injectate" refers to the fluid that is being discharged or injected; this is also known as the CO2 stream.
"Injection interval" means that part of the injection zone in which the well is screened, or in which the waste is otherwise directly emplaced.
"Injection point" means a well or other subsurface injection system, designed for the emplacement of a fluid or fluids into the subsurface.
"Injection well" means a "well" into which "fluids" are being injected.
"Injection zone" means a geological "formation," group of formations, or part of a formation receiving injectate through a "well."
"Interstate agency" means an agency of two or more States established by or under an agreement or compact approved by the United States Congress, or any other agency of two or more States having substantial powers or duties pertaining to the control of pollution as determined and approved by the Secretary under the "appropriate Act and regulations."
"Large-capacity cesspool" refers to a cesspool located at a non-residential establishment or a cesspool having the capability of serving at least twenty (20) persons per day.
"Large System" refers to any On-site Wastewater Treatment and Disposal System (OWTDS) with a projected wastewater design flow rate equal to or greater than 2,500 gallons per day.
"Lithology" means the description of rocks on the basis of their physical and chemical characteristics.
"Major Class V injection well" refers to any Class V injection well for which a UIC permit is required that injects any of the following: more than 25,000 gallons of fluid per day directly into a USDW; injects domestic or industrial wastewater directly into a USDW; injects cooling water with additives; is an experimental injection well; is used as a salt water intrusion barrier; or is used to inject fluids into a confined aquifer.
"Major facility" means any RCRA, UIC, NPDES, or 404 "facility or activity'' classified as such by the Secretary.
"Mechanical integrity (MI)" means the absence of significant leakage within the injection tubing, casing, or packer (known as internal mechanical integrity), or outside of the casing (known as external mechanical integrity).
"Mechanical Integrity Test" refers to a test performed on a well to confirm that a well maintains internal and external mechanical integrity. MITs are a means of measuring the adequacy of the construction of an injection well and a way to detect problems within the well system.
"Minor Modification" means modifications as described in Section 42.0 of these Regulations.
"Model" means a representation or simulation of a phenomenon or process that is difficult to observe directly or that occurs over long time frames. Models that support GS can predict the flow of CO2 within the subsurface, accounting for the properties and fluid content of the subsurface formations and the effects of injection parameters.
"Motor Vehicle Waste Disposal Well" means an injection well or disposal system that receives or has received fluids from vehicular repair or maintenance activities, such as an auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shop (e.g., transmission and muffler repair shop), or any area where motor vehicle repair work is performed.
"Municipality" means a city, town, county, district, association, or other political subdivision created by or pursuant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or a designated and approved management agency.
"NAICS" means North American Industrial Classification System [a 6-digit code which represents the facility's industrial activity(ies)].
"NPDES" means National Pollution Discharge Elimination System.
"New Injection Well" means an injection point (via well or subsurface injection activity) which began after the promulgation of the UIC Regulations on May 7, 1984; or an injection point which has never previously received written approval from the Secretary to inject a fluid.
"Operational Testing" refers to a period, lasting up to two years under the construction permit, of full-scale injection operation for the purposes of long term testing, to determine potential fluid migration prior to issuing the operational permit.
"Operator" means owner or operator of any "facility or activity" subject to regulation under the RCRA, UIC, NPDES, or 404 programs.
"On-Site Wastewater Treatment and Disposal System" (OWTDS) means a conventional or alternative wastewater treatment and disposal system installed or proposed to be installed on land of the owner of the OWTDS or on other land on which the owner of the OWTDS has the legal right to install the system.
"Owner" refers to person(s) who has a vested legal or equitable title to real or personal property, including an injection system.
"OWTDS" means an On-Site Wastewater Treatment and Disposal System.
"Packer" means a device lowered into a well to produce a fluid-tight seal within the casing. Also, a mechanical device that seals the outside of the tubing to the inside of the long string casing, isolating an annular space.
"Percolation rate" means the rate of water movement through a soil. Percolation rate is usually measured and assigned on the basis of elapsed time per unit volumetric water level drop. The most commonly used unit for expressing percolation rate is minutes per inch (MPI).
"Permeability" refers the property of a soil horizon that enables the soil to transmit gases, liquid, or other substances.
"Permit" means a written approval, license, or equivalent control document issued by the Secretary, to implement the requirements of these Regulations, which has been publicly advertised.
"Permittee" refers to any individual, partnership, corporation, association, institution, cooperative enterprise, agency, municipality, commission, political subdivision, or duly established entity to which a permit is issued by the Secretary.
"Person" means any individual, trust, firm, joint stock company, federal agency, partnership, corporation (including a government corporation), association, state, municipality, and commission, political subdivision of a state or any interstate body.
"Pinch-out" means a situation where a formation thins to zero thickness.
"Plugging" means the act or process of stopping the flow of water, oil, or gas into or out of a formation through a borehole or well penetrating that formation.
"Plugging record" means a systematic listing of permanent or temporary abandonment of water, oil, gas, test, exploration and waste injection wells, and may contain a well log, description of amounts and types of plugging material used, the method employed for plugging, a description of formations which are sealed and a graphic log of the well showing formation location, formation thickness, and location of plugging structures.
"Point of injection" means the last accessible sampling point prior to waste fluids being released into the subsurface environment through an injection well. For example, the point of injection of a Class V septic system might be the distribution box--the last accessible sampling point before the waste fluids drain into the underlying soils. For a dry well, it is likely to be the well bore itself.
"Pollutant" means any substance, radioactive material, or waste heat which causes or contributes to, or may cause or contribute to, pollution.
"Pore space" refers to the open spaces in rock or soil. These are filled with water or other fluids such as brine (i.e., salty fluid). CO2 injected into the subsurface can displace pre-existing fluids to occupy some of the pore spaces of the rocks in the injection zone.
"Post-injection site care (PISC)" means the appropriate monitoring and other actions (including corrective action) needed following cessation of injection to ensure that USDWs are not endangered.
"POTW" means "publicly owned treatment works."
"Pressure" means the total load or force per unit area acting on a surface.
"Pressure front" means the zone of elevated pressure that is created by the injection of carbon dioxide into the subsurface. For GS projects, the pressure front of a CO2 plume refers to the zone where there is a pressure differential sufficient to cause the movement of injected fluids or formation fluids into a USDW.
"Project" means a group of wells in a single operation.
"Public Health Hazard" means a condition whereby there are sufficient types and amounts of biological, chemical, or physical, including radiological, agents relating to water or sewage which are likely to cause human illness, disorders, or disability. These include, but are not limited to, pathogens, viruses, bacteria, parasites, toxic chemicals, and radioactive isotopes.
"Publicly owned treatment works" (POTW) means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a "State" or "municipality." This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.
"Radioactive waste" means any waste which contains radioactive material in concentrations which exceed those listed in 10 CFR Part 20, Appendix B.
"Rapid Infiltration Basin" (RIB) means a permeable earthen basin designed and operated to dispense treated domestic wastewater to the surficial aquifer.
"RCRA" means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 (Pub.L. 94-580, as amended by Pub.L. 95-609, 42 U.S.C. 6901 et. seq.).
"Regional Administrator" means the Regional Administrator of the appropriate Regional Office of the Environmental Protection Agency or the authorized representative of the Regional Administrator.
"Reverse Osmosis" refers to the water treatment process by which water passes through a porous membrane in the direction opposite to that for natural osmosis when subjected to a hydrostatic pressure greater than the osmotic pressure.
"Rule Authorization letter" refers to a document approving a Class V injection activity that is not required to obtain a UIC permit, since the activity does not endanger underground sources of drinking water, and the injection activity complies with other UIC program requirements.
"Saline formations" means the subsurface geographically extensive sedimentary rock layers saturated with waters or brines that have a high total dissolved solids (TDS) content (i.e., over 10,000 mg/L TDS).
"Sanitary waste" means liquid or solid wastes originating solely from humans and human activities, such as wastes collected from toilets, showers, wash basins, sinks used for cleaning domestic areas, sinks used for food preparation, clothes washing operations, and sinks or washing machines where food and beverage serving dishes, glasses, and utensils are cleaned. Sources of these wastes may include single or multiple residences, hotels and motels, restaurants, bunkhouses, schools, ranger stations, crew quarters, guard stations, campgrounds, picnic grounds, day-use recreation areas, other commercial facilities, and industrial facilities provided the waste is not mixed with industrial waste.
"Schedule of compliance" means a schedule of remedial measures included in a "permit," including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with the "appropriate Act and regulations."
"SDWA" means the Safe Drinking Water Act (Pub.L. 95-523, as amended by Pub.L. 95-1900; 42 U.S.C. §300f et seq.).
"Secretary" means the Secretary of the Department of Natural Resources and Environmental Control or the Secretary's duly authorized designee.
"Seepage Pit" means a covered pit with a porous lining into which wastewater is discharged and allowed to seep or leach into the surrounding soil and is preceded by a septic tank.
"Septic system" see On-Site Wastewater Treatment and Disposal System.
"SIC" means Standard Industrial Classification (a 4-digit code which represents the facility's industrial activity(ies)).
"Site" means the land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity.
"Site closure" means the point/time, as determined by the Director following the requirements, at which the owner or operator of a GS site is released from post-injection site care responsibilities.
"Sorption (absorption, adsorption)" as follows: Absorption refers to gases or liquids being incorporated into a material of a different state; adsorption is the adhering of a molecule or molecules to the surface of a different molecule.
"State" means one of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands (except in the case of RCRA), the Commonwealth of the Northern Mariana Islands, or an Indian Tribe that meets the statutory criteria which authorize EPA to treat the Tribe in a manner similar to that in which it treats a State (except in the case of RCRA).
"State/EPA Agreement" means an agreement between the Regional Administrator of the EPA and the State which coordinates EPA and State activities, responsibilities and program.
"Stratigraphic zone (unit)" means a layer of rock (or stratum) that is recognized as a unit based on lithology, fossil content, age or other properties.
"Stratum" (plural: strata) means a single sedimentary bed or layer, regardless of thickness, that consists of generally the same kind of rock material.
"Subsidence" means the lowering of the natural land surface in response to: Earth movements; lowering of fluid pressure; removal of underlying supporting material by mining or solution of solids, either artificially or from natural causes; compaction due to wetting (Hydrocompaction); oxidation of organic matter in soils; or added load on the land surface.
"Subsurface fluid distribution system" means an assemblage of perforated pipes, drain tiles, or other similar mechanisms intended to distribute fluids below the surface of the ground into the earth materials or aquifer.
"Surface casing" means the first string of well casing to be installed in the well.
"Test Well" refers to a well that is constructed for the purpose of demonstrating that a location is appropriate for the intended injection activity.
"TMDL" means Total Maximum Daily Load.
"Total dissolved solids" (TDS) means the total dissolved (filterable) solids as determined by use of the method specified in 40 CFR Part 136. The measurement, usually in mg/L, for the amount of all inorganic and organic substances suspended in liquid as molecules, ions, or granules. For injection operations, TDS typically refers to the saline (i.e., salt) content of water-saturated underground formations.
"Total Maximum Daily Load" is a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards. It is the sum of the allowable loads of a single pollutant from all contributing point and non-point sources, and includes a margin of safety and consideration of seasonal variations.
"Transferee" means the owner or operator receiving ownership and operational control of the well.
"Transferor" means the owner or operator transferring ownership and operational control of the well.
"Transmissive fault or fracture" means a fault or fracture that has sufficient permeability and vertical extent to allow fluids to move between formations.
"Trapping" means the physical and geochemical processes by which injected CO2 is sequestered in the subsurface. Physical trapping occurs when buoyant CO2 rises in the formation until it reaches a layer that inhibits further upward migration or is immobilized in pore spaces due to capillary forces. Geochemical trapping occurs when chemical reactions between dissolved CO2 and minerals in the formation lead to the precipitation of solid carbonate minerals.
"Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any "hazardous waste" so as to neutralize such wastes, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.
"UIC" means Underground Injection Control.
"Underground injection" means the subsurface emplacement of fluids, via a well.
"Underground Source(s) of Drinking Water" (USDW) means an aquifer or its portion: (1)(i) Which supplies any public water system; or (ii) Which contains a sufficient quantity of ground water to supply a public water system; and (A) Currently supplies drinking water for human consumption; or (B) Contains fewer than 10,000 mg/l total dissolved solids; and (2) Which is not an exempted aquifer. An aquifer or portion of an aquifer that supplies any public water system or that contains a sufficient quantity of ground water to supply a public water system, and currently supplies drinking water for human consumption, or that contains fewer than 10,000 mg/l total dissolved solids and is not an exempted aquifer.
"Upgradient" means an area that has a higher potentiometric surface (hydraulic head) than a comparative reference point.
"USDW" means "underground source(s) of drinking water."
"Viscosity" means the property of a fluid or semi-fluid that offers resistance to flow. As a supercritical fluid, CO2 is less viscous than water and brine.
"Water pollution" means the human-made or human-induced alteration of the chemical, physical, biological, or radiological integrity of water.
"Well" means a bored, drilled, or driven shaft whose depth is greater than the largest surface dimension; or, a dug hole whose depth is greater than the largest surface dimension; or, an improved sinkhole; or, a subsurface fluid distribution system; For the purpose of these Regulations, this definition does not include geotechnical test; soil, telephone, and construction piling borings; fence posts, test pits, orhorizontal closed loop heat pump circulation systems constructed within twenty (20) feet of the ground surface.
"Well monitoring" means the measurement, by on-site instruments or laboratory methods, of the quality of water in a well.
"Well plug" means a watertight and gastight seal installed in a borehole or well to prevent movement of fluids.
"Well stimulation” means several processes used to clean the well bore, enlarge channels, and increase pore space in the interval to be injected thus making it possible for wastewater to move more readily into the formation, and includes (1) surging, (2) jetting, (3) blasting, (4) acidizing, (5) hydraulic fracturing.
"Zone of endangering influence" means that area in which the proposed injection may cause the injected fluid pressure in the injection zone (including dynamic and buoyancy pressures) to exceed the formation fluid pressure in an underground source of drinking water (when corrected for the hydrostatic pressure difference).
6.2 Whenever draft permits are prepared at the same time, fact sheets (Section 9.0), public comment periods (Section 10.0), and any public hearings conducted pursuant to 7 Del.C. §6006 or any amending or superseding legislation on those permits may also be consolidated. The final permits may be issued together. They need not be issued together if in the judgment of the Secretary, joint processing would result in unreasonable delay in the issuance of one or more permits.
10.4.1.5 A brief description of the comment procedures required by Section 11.0 of these Regulations and by 7 Del.C. §6006 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision.
Public hearings shall be governed by the provisions of 7 Del.C. §6006 and by the Delaware Administrative Procedures Act, 29 Del.C., Ch. 101 and by any amending or superseding legislation.
Any appeal of a UIC permit shall be governed by 7 Del.C. §6008 and by any amending or superseding legislation.
21.1 Any information submitted to the Secretary pursuant to these regulations may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission, in accordance with the Department's Freedom of Information Act Regulations and the Freedom of Information Act, 29 Del.C. Ch. 100. If no claim of confidentiality is made at the time of submission, the Secretary may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with Department procedures.
38.1.1 The permittee has submitted a complete application within 180 days prior to expiration of the current permit; and
38.1.2 The Secretary, through no fault of the permittee, does not issue a new permit with an effective date on or before the expiration date of the previous permit.
38.3 Enforcement. When the permittee is not in compliance with the conditions of the expiring or expired permit the Secretary may choose to do any or all of the following:
38.3.2 Issue a notice of intent to deny the new permit. If the permit is denied, the owner or operator would then be required to cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit;
38.3.3 Issue a new permit under Part 124 (Sections 3.0-19.0) with appropriate conditions; or
38.3.4 Take other actions authorized by these regulations.
38.4 State continuation. The UIC program may continue permits until the effective date of the new permit.
39.2.1 The current permittee notifies the Secretary at least 30 days in advance of the proposed transfer date referred to in subsection 39.2.2;
39.2.2 A written agreement is submitted to the Secretary, signed by all parties to the transfer, containing a specific date for transfer of permit responsibility and coverage between the current and new permittees, and the notice demonstrates that the financial responsibility requirements of subsection 44.1.7 will be met by the new permittee; and
40.2 Causes for modification. The following may be cause for revocation or reissuance as well as modification when the permittee requests or agrees.
40.2.1 Alterations. There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that differ from or are absent from the existing permit.
40.2.2 Information. The Secretary has received information that was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of different permit conditions based on standards in effect at the time of issuance.
40.2.3 New regulations. The standards or regulations on which the permit was based have been changed by promulgation of new or amended standards or regulations or by judicial decision after the permit was issued. Permits may be modified during their terms for this reason as follows:
40.2.3.1 For promulgation of amended standards or regulations, when:
40.2.3.1.1 The permit condition requested to be modified was based on a promulgated Part 146 (Sections 55.0-69.0) regulation; and
40.2.3.1.2 The Secretary has revised, withdrawn, or modified that portion of the regulation on which the permit condition was based, and
40.2.3.1.3 A permittee requests modification in accordance with Section 7.0 within 90 days after public notice of the action on which the request is based.
40.2.3.2 For judicial decisions, a court of competent jurisdiction has remanded and stayed DNREC-promulgated regulations if the remand and stay concerned that portion of the regulations on which the permit condition was based and a request is filed by the permittee in accordance with Section 7.0 within 90 days of judicial remand.
40.2.4 Compliance schedules. The Secretary determines good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonably available remedy.
40.3 Causes for modification or revocation and reissuance. The following are causes to modify or, alternatively, revoke and reissue a permit:
40.3.1 Cause exists for termination under Section 41.0, and the Secretary determines that modification or revocation and reissuance is appropriate.
40.3.2 The Secretary has received notification of a proposed transfer of the permit. A permit also may be modified to reflect a transfer after the effective date of an automatic transfer but will not be revoked and reissued after the effective date of the transfer except upon the request of the new permittee.
40.3.3 A determination that the waste being injected is a hazardous waste as defined in 40 CFR 261.3 either because the definition has been revised, or because a previous determination has been changed.
40.4 Facility siting. Suitability of the facility location will not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance.
41.1.1 Noncompliance by the permittee with any condition of the permit;
41.1.2 The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; or
41.1.3 A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination.
41.2 The Secretary shall follow the applicable procedures in Part 124 (Sections 3.0-19.0) in terminating any permit under this Section.
43.2 Duty to comply. The permittee must comply with all conditions of a permit. Any permit noncompliance constitutes a violation of 7 Del.C. §6005 and any amending or superseding legislation and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.
43.3 Duty to reapply. If the permittee wishes to continue an activity regulated by a permit after the expiration date of a permit, the permittee must submit a complete application for a new permit at least 180 days prior to the expiration of the current permit, unless otherwise stated in the permit.
43.6 Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of a permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.
43.10 Inspection and entry. As authorized by 7 Del.C. §6024, the permittee shall allow the Secretary, or an authorized representative, to:
43.10.1 Enter upon the permittee's property where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of a permit;
43.10.2 Have access to and copy, at reasonable times, any records that must be kept under the conditions of a permit;
43.10.3 Inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under a permit; and
43.10.4 Sample or monitor, for the purposes of assuring permit compliance or for the presence of any substances or parameters at any location.
43.11.2.1 Calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by a permit, and records of all data used to complete an application for a permit, for a period of at least five (5) years from the date of the sample, measurement, report, or application. This period may be extended by the Secretary at any time; and
43.11.2.2 The nature and composition of all injected fluids until five (5) years after the completion of any plugging and abandonment. The Secretary may require the owner or operator to deliver the records to the Secretary at the conclusion of the retention period.
43.11.3.2 The names of the individual(s) who performed the sampling or measurements;
43.11.3.3 The date(s) analyses were performed;
43.11.3.5 The analytical techniques or methods used; and
43.13.2 Anticipated noncompliance. The permittee shall give advance notice to the Secretary of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.
43.13.3 Transfers. A permit is not transferable to any person except after notice to and written approval from the Secretary. The Secretary may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under Section 39.0
43.13.4 Monitoring reports. Monitoring results shall be reported at the intervals specified in a permit.
43.13.5 Compliance schedules. Progress reports or reports of compliance or noncompliance with interim and final requirements contained in any compliance schedule of a permit shall be submitted no later than fourteen (14) days following each scheduled date.
43.13.6 Twenty-four (24) hour reporting. The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances by calling DNREC's Enforcement Section's 24-hour Reporting Line at (800) 662-8802. A written submission shall also be provided within five (5) days of the time the permittee becomes aware of the circumstances. The written submission shall contain a contact name and phone number; description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The submitted report shall also include the following, as a minimum:
43.13.7 Other noncompliance. The permittee shall report all instances of noncompliance not reported under subsection 43.13, at the time monitoring reports are submitted. The reports shall contain the information listed in subsection 43.13.
43.13.8 Other information. Where the permittee becomes aware that he/she failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Secretary, the permittee shall submit such facts or information, in the time frame requested by the GWDS.
43.13.9 Noncompliance notifications shall be submitted to the GWDS as follows: DNREC GWDS, 89 Kings Highway, Dover, DE 19901.
43.14 Requirements prior to commencing injection. A new injection well may not commence injection until construction is complete, and
43.14.1 The permittee has submitted a notice of completion of construction to the Secretary; and
43.14.2 The Secretary has inspected or otherwise reviewed the new injection well and finds it is in compliance with the conditions of the permit.
44.1.3 Operation requirements as set forth in Part 146 (Sections 55.0-69.0).
44.1.6 After a cessation of operations of six (6) months, the Secretary may require the owner or operator to plug and abandon the well.
44.1.7 Financial responsibility.
44.1.7.1 The permittee, is required to demonstrate and maintain financial responsibility and resources to close, plug, and abandon the underground injection operation in a manner prescribed by the Secretary until:
44.1.7.1.1 The well has been plugged and abandoned in accordance with an approved plugging and abandonment plan pursuant to Section 63.0, and submitted a plugging and abandonment report pursuant to Section 63.0; or
44.1.7.1.3 The transferor of a permit has received notice from the Secretary that the owner or operator receiving transfer of the permit, and the new permittee, has demonstrated financial responsibility for the well.
44.1.7.2 The permittee shall demonstrate financial responsibility to the Secretary by the submission of a surety bond, or other adequate assurance, such as a financial statement or other materials acceptable to the Secretary.
44.1.8 Mechanical integrity. A permit for any Class I well or injection project which lacks mechanical integrity shall include, and for any Class V well may include, a condition prohibiting injection operations until the permittee shows to the satisfaction of the Secretary under Section 61.0 that the well has mechanical integrity.
44.1.9 Additional conditions. The Secretary may impose on a case-by-case basis such additional conditions as are necessary to prevent the migration of fluids into underground sources of drinking water.
44.2.2 When a permit is reopened at the discretion of the Secretary pursuant to Section 14.0 of these Regulations, an applicable requirement is also any requirement which takes effect prior to the modification or revocation and reissuance of a permit, to the extent allowed in Section 40.0.
44.2.3 New or reissued permits, and to the extent allowed under Section 40.0 modified or revoked and reissued permits, shall incorporate each of the applicable requirements referenced in this section.
44.3 Incorporation. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements shall be given in the permit.
45.1 General. The permit may, when appropriate, specify a schedule of compliance leading to compliance with the SDWA and these Regulations.
45.1.1 Time for compliance. Any schedules of compliance shall require compliance as soon as possible, and in no case later than one (1) year after the effective date of the permit.
45.1.2 Interim dates.
45.1.2.1 The time between interim dates shall not exceed three (3) months.
45.2.1 If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued:
45.2.1.2 The permittee shall cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit.
45.2.2 If the decision to cease conducting regulated activities is made before issuance of a permit whose term will include the termination date, the permit shall contain a schedule leading to termination which will ensure timely compliance with applicable requirements.
45.2.3.1 Both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date which ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities;
45.2.3.2 One schedule shall lead to timely compliance with applicable requirements;
45.2.3.3 The second schedule shall lead to cessation of regulated activities by a date which will ensure timely compliance with applicable requirements;
45.2.3.4 Each permit containing two schedules shall include a requirement that after the permittee has made a final decision under subsection 45.2.3.1 it shall follow the schedule leading to compliance if the decision is to continue conducting regulated activities, and follow the schedule leading to termination if the decision is to cease conducting regulated activities.
45.2.4 The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the Secretary, such as a resolution of the board of directors of a corporation.
45.3 The Secretary may extend the compliance deadline for specific wells for up to one (1) year if the most efficient compliance option for the well is connection to a sanitary sewer or installation of new treatment technology.
47.1 Coverage. Applicants for Class I injection well permits shall identify the location of all known wells within the injection well's area of review which penetrate the injection zone, and all known wells within the area of review penetrating formations affected by the increase in pressure. For such wells which are improperly sealed, completed, or abandoned, the applicant shall also submit a plan consisting of such steps or modifications as are necessary to prevent movement of fluid into underground sources of drinking water ("corrective action"). Where the plan is adequate, the Secretary shall incorporate it into the permit as a condition. Where the Secretary's review of an application indicates that the permittee's plan is inadequate (based on the factors in Section 60.0), the Secretary shall require the applicant to revise the plan, prescribe a plan for corrective action as a condition of the permit under subsection 47.2, or deny the application.
47.2 Requirements:
47.2.1 Existing injection wells. Any permit issued for an existing injection well requiring corrective action shall include a compliance schedule requiring any corrective action accepted or prescribed under subsection 47.1 to be completed as soon as possible.
47.2.2 New injection wells. No owner or operator of a new injection well may begin injection until all required corrective action has been taken.
47.2.3 Injection pressure limitation. The Secretary may require as a permit condition that injection pressure be so limited that pressure in the injection zone does not exceed hydrostatic pressure at the site of any improperly completed or abandoned well within the area of review. This pressure limitation shall satisfy a corrective action requirement. Alternatively, such injection pressure limitation can be part of a compliance schedule and last until all other required corrective action has been taken.
50.2 Prohibition of fluid movement.
50.2.1 As described in Section 24.0 the injection activity cannot allow the movement of fluid containing any contaminant into USDWs, if the presence of that contaminant may cause a violation of the primary drinking water standards under the State of Delaware Regulations Governing Public Drinking Water Systems, or may otherwise adversely affect the health of a person or persons. This prohibition applies to well construction, operation, maintenance, conversion, plugging, closure, or any other injection activity.
50.2.2 If the Secretary learns that an injection activity may endanger one or more USDWs, the Secretary may require that the well be abandoned or require the owner/operator to obtain a permit or require other actions listed in Section 24.0.
50.3 Closure/Abandonment requirements. Owners/Operators must close the well in a manner that complies with the above prohibition of fluid movement. Also, Owners/Operators must dispose of or otherwise manage any soil, gravel, sludge, liquids, or other materials removed from or adjacent to the well in accordance with all applicable Federal, State, and local regulations and requirements.
52.3 Circumstances in Which Permits or Other Actions Are Required. An owner/operator performing one of the activities listed below must either obtain a permit or close the injection well.
52.3.1 Any Class V injection activity that is found to be out of compliance with a Rule Authorization letter;
52.3.2 Own or operate a Class V large-capacity cesspool (in which case, the owner/operator must close the well as specified in the additional requirements in subsection 53.1); new cesspools are prohibited;
52.3.3 Own or operate an Aquifer Storage and Recovery (ASR) well.
52.3.5 The owner/operator is specifically required by the Secretary to obtain a permit, or the owner/operator is prohibited from injecting into the well upon:
52.3.5.1 Failure to submit a permit application in a timely manner as specified in a notice from the Secretary; or
52.3.5.2 Upon the effective date of permit denial;
52.3.6 The owner/operator has failed to submit inventory information to the Secretary, as described in Section 51.0 (in which case, the owner/operator is prohibited from injecting into the well until the inventory requirements are met).
52.3.7 Any Class V injection well that has not received a Rule Authorization letter.
54.2.1 Prior to closing a Class V well, the owner/operator must plug or otherwise close the well in a manner that complies with the prohibition of fluid movement standard in Section 24.0 and summarized in Section 50.0. If the Secretary has any additional or more specific closure standards, the owner/operator must also meet those standards. The owner/operator also must dispose of or otherwise manage any soil, gravel, sludge, liquids, or other materials removed from or adjacent to the well in accordance with all applicable Federal, State, and local regulations and requirements, as in Section 50.0. All well abandonment must meet the State of Delaware Regulations Governing the Construction and Use of Wells.
54.2.2 Closure/abandonment does not mean that operations must cease at the facility, only that the injection well(s) must be closed.
55.1 This Part or Sections 55.0-69.0 set forth technical criteria and standards for the Underground Injection Control Program.
Title 7 Del.C. §6003 authorizes these Regulations and all other UIC program regulations referenced in Sections 55.0-69.0.
58.2 Class I.
58.2.1 Wells used by generators, owners or operators of hazardous waste management facilities to inject hazardous waste beneath the lowermost aquifer containing, within one-quarter (¼) mile of the well bore, an underground source of drinking water.
58.3 Class II {prohibited}. Wells which inject fluids:
58.3.1 Which are brought to the surface in connection with conventional oil or natural gas production and may be commingled with waste waters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection.
58.4.1 Mining of sulfur by the Frasch process;
58.4.2 In situ production of uranium or other metals. This category includes only in-situ production from ore bodies which have not been conventionally mined. Solution mining of conventional mines such as stopes leaching is included in Class V.
58.5 Class IV {prohibited}.
58.6.6 Sand backfill and other backfill wells used to inject a mixture of water and sand, mill tailings or other solids into mined-out portions of subsurface mines whether what is injected is a radioactive waste or not.
58.6.7 Septic system wells used to inject the waste or effluent from a multiple dwelling, business establishment, or community septic tank. The UIC requirements do not apply to single family residential septic system wells, or to non-residential septic system wells which are used solely for the disposal of sanitary waste and have the capacity to serve fewer than twenty (20) persons a day; see also the State of Delaware Regulations Governing On-Site Wastewater Treatment and Disposal Systems.
58.6.8 Subsidence control wells (not used for the purpose of oil or natural gas production) used to inject fluids into a non-oil or gas producing zone to reduce or eliminate subsidence associated with the overdraft of fresh water;
58.6.9 Injection wells associated with the recovery of geothermal energy for heating, aquaculture and production of electric power;
58.6.10 Experimental injection well technologies; and
58.6.11 Aquifer Storage and Recovery (ASR) wells.
58.7 Class VI {prohibited}. Injection wells used to inject Carbon Dioxide (CO2) for long-term storage, also known as Geologic Sequestration of CO2.
59.3.1 In the case of application(s) for an individual injection well permit(s), a fixed radius around the well of not less than one-quarter (¼) mile may be used.
61.1.3.2 A radioactive tracer survey. The radioactive tracer survey shall not be required by the Secretary if such testing may pose a threat to an underground source of drinking water.
61.1.5 A pressure test required under subsection 61.1.2 shall be conducted with a liquid at a minimum pressure of 1.5 times the maximum pressure at which the well is to be permitted, or 50 psi, whichever is higher, for at least one (1) hour. Internal mechanical integrity under subsection 61.1.1 is demonstrated if there is no more than a five-percent (5%) pressure change over the one-hour test period. The pressure used to test wells constructed using tubing and packer shall not exceed the design specifications of the tubing or packer.
61.1.6 A Radioactive Tracer Test required under subsection 61.1.3 shall be performed in accordance with one of the methods published by the EPA in the Federal Register and EPA technical documents. The permittee shall submit a Radioactive Tracer Test Plan for Secretary approval prior to performing the test, and shall arrange to perform the test with a Department representative on site.
61.1.7 In conducting and evaluating the tests enumerated in this Section or others to be allowed by the Secretary, the owner or operator and the Secretary shall apply methods and standards generally accepted in the industry. When the owner or operator reports the results of mechanical integrity tests to the Secretary, such report shall include a description of the test(s), the method(s) used, and the interpretation of the results. In making his/her evaluation, the Secretary shall review monitoring and other test data submitted since the previous evaluation.
61.1.8 The Secretary shall require additional or alternative mechanical integrity tests in accordance with this Section.
61.1.9 A permit for any Class I or injection project which lacks mechanical integrity shall include, and for any Class V well may include, a condition prohibiting injection operations until the permittee affirmatively demonstrates under subsections 61.1.1-61.1.3, that the well has mechanical integrity, or the permittee affirmatively demonstrates that there is no movement of fluid into or between underground sources of drinking water.
61.1.10 Prior to making a formal determination regarding an injection well, the Secretary may consult with outside technical professionals including, but not limited to, the following: representatives from the Secretary's offices, the Delaware Geological Survey, local environmental programs, the United States Geological Survey (USGS) and the EPA.
61.1.11 The Secretary may require additional or alternative tests if the results presented by the owner or operator are not satisfactory to the Secretary to demonstrate that there is no movement of fluid into or between USDWs resulting from the injection activity.
63.1.1 Prior to abandoning Class I and Major Class V wells, the well shall be plugged with Portland cement in a manner which will not allow the movement of fluids either into or between underground sources of drinking water.
63.1.2 Placement of Portland cement shall conform to the State of Delaware Regulations Governing the Construction and Use of Wells, or
63.1.2.1 An alternative method approved by the Secretary, which will reliably provide a comparable level of protection to underground sources of drinking water.
63.1.3 All wells shall be filled with the appropriate sealing or fill materials starting from the bottom of the well upward to the ground surface, except as noted in State of Delaware Regulations Governing the Construction and Use of Wells, or unless otherwise approved by the Secretary.
63.2.1 Prior to abandoning a Major Class V well, the owner or operator shall close the well in a manner that prevents the movement of fluid containing any contaminant into an underground source of drinking water, if the presence of that contaminant may cause a violation of any primary drinking water regulation under Delaware regulations or may otherwise adversely affect the health of any person or persons. Closure requirements for motor vehicle waste disposal wells and large-capacity cesspools are stated in Section 53.0 and Section 54.0.
63.2.3 All wells are to be properly abandoned in accordance with the State of Delaware Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems ('On-Site Regulations') and the Regulations Governing the Construction and Use of Wells, where applicable.