Arkansas Administrative Code
Agency 118 - DEPARTMENT OF ENERGY AND ENVIRONMENT
Division 01 - Arkansas Pollution Control and Ecology Commission
Rule 118.01.21-010 - Rule 17, "Arkansas Underground Injection Control Code"

17.101. TITLE AND PURPOSE

17.201. DEFINITIONS

When used in this UIC Code:

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. (see 40 CFR 146.3 -Definitions)

Application means the EPA standard national forms for applying for a permit, including any additions, revisions or modifications to the forms; or forms approved by EPA for use in approved States, including any approved modifications or revisions. For RCRA, application also includes the information required by the Director under §122.25 (contents of Part B of the RCRA application). (see 40 CFR 146.3 -Definitions)

Appropriate Act and regulations means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA); or Safe Drinking Water Act (SDWA), whichever is applicable; and applicable regulations promulgated under those statutes. (see 40 CFR 144.3 -Definitions)

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. (see 40 CFR 144.3 & 146.3-Definitions)

Area of review means the area surrounding an injection well described according to the criteria set forth in §146.06, or in the case of an area permit, the project area plus a circumscribing area the width of which is either ¼ of a mile or a number calculated according to the criteria set forth in § 146.06. (see 40 CFR 144.3 & 146.3-Definitions)

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 to 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. (see 40 CFR 146.3 -Definitions)

Catastrophic collapse means the sudden and utter failure of overlying "strata" caused by removal of underlying materials. (see 40 CFR 146.3 -Definitions)

Cementing means the operation whereby a cement slurry is pumped into a drilled hole and/or forced behind the casing. (see 40 CFR 146.3 -Definitions)

Cesspool means a "drywell" that receives untreated sanitary waste containing human excreta and which sometimes has an open bottom and/or perforated sides. (see 40 CFR 144.3)

Confining bed means a body of impermeable or distinctly less permeable material stratigraphically adjacent to one or more aquifers. (see 40 CFR 146.3 -Definitions)

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. (see 40 CFR 146.3 -Definitions)

Contaminant means any physical, chemical, biological, or radiological substance or matter in water. (see 40 CFR 144.3 & 146.3-Definitions)

Division means the Division of Environmental Quality.

Director means the Director of the Division of Environmental Quality.

Disposal well means a well used for the disposal of waste into a subsurface stratum. (see 40 CFR 146.3 -Definitions)

Draft Permit means a document prepared under §124.6 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 §124.5 are types of "draft permits". A denial of a request for modification, revocation and reissuance, or termination, as discussed in §124.5 is not a "draft permit". (see 40 CFR 144.3 -Definitions)

Drilling mud means a heavy suspension used in drilling an "injection well", introduced down the drill pipe and through the drill bit. (see 40 CFR 144.3 -Definitions)

Drywell means a well, other than an improved sinkhole or subsurface fluid distribution system, completed above the water table so that its bottom and sides are typically dry except when receiving fluids. (see 40 CFR 144.3)

Effective date of a UIC program means the date that a State UIC program is approved or established by the Administrator. (see 40 CFR 146.3 -Definitions)

Emergency permit means a UIC "permit" issued in accordance with §144.34. (see 40 CFR 144.3 -Definitions)

Environmental Protection Agency ("EPA") means the United States Environmental Protection Agency. (see 40 CFR 144.3 & 146.3-Definitions)

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 §144.7. (see 40 CFR 144.3 -Definitions)

Existing injection well means an "injection well" other than a "new injection well". (see 40 CFR 144.3 & 146.3-Definitions)

Facility or activity means any UIC "injection well", or an other facility or activity that is subject to regulation under the UIC programs. (see 40 CFR 144.3 -Definitions)

Fault means a surface or zone of rock fracture along which there has been displacement. (see 40 CFR 146.3 -Definitions)

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. (see 40 CFR 146.3 -Definitions)

Fluid means any material or substance which flows or moves whether in a semisolid, liquid, sludge, gas or any other form or state. (see 40 CFR 144.3 -Definitions)

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 mappable on the earth's surface or traceable in the subsurface. (see 40 CFR 144.3 -Definitions)

Formation fluid means "fluid" present in a "formation" under natural conditions as opposed to introduced fluids, such as "drilling mud." (see 40 CFR 144.3 & 146.3- Definitions)

Generator means any person, by site location, whose act or process produces hazardous waste identified or listed in 40 CFR part 261 . (see 40 CFR 144.3 & 146.3-Definitions)

Ground water means water below the land surface in a zone of saturation. (see 40 CFR 144.3 & 146.3-Definitions)

Hazardous waste means a hazardous waste as defined in 40 CFR 261.3. (see 40 CFR 144.3 & 146.3-Definitions)

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). (see 40 CFR 144.3 & 146.3-Definitions)

Improved sinkhole means a naturally occurring karst depression or other natural crevice found in volcanic terrain and other geological settings (such as limestone or dolomitic terrain) which have been modified by man for the purpose of directing and emplacing fluids into the subsurface. (see 40 CFR 144.3)

Injection well means a "well" into which "fluids" are being injected. (see 40 CFR 144.3 & 146.3-Definitions)

Injection zone means a geological "formation", group of formations, or part of a formation receiving fluids through a "well". (see 40 CFR 144.3 & 146.3-Definitions)

Lithology means the description of rocks on the basis of their physical and chemical characteristics. (see 40 CFR 146.3 -Definitions)

Major facility means any UIC "facility or activity" classified as such by the Regional Administrator, or, in the case of approved State programs, the Regional Administrator in conjunction with the State Director. (see 40 CFR 144.3 -Definitions)

New injection well means an "injection well" which began injection after a UIC program for the State applicable to the well is approved or prescribed. (see 40 CFR 144.3 -Definitions)

Owner or operator means the owner or operator of any "facility or activity" subject to regulation under the UIC programs. (see 40 CFR 144.3 -Definitions)

Packer means a device lowered into a well to produce a fluid-tight seal. (see 40 CFR 146.3 -Definitions)

Permit means an authorization, license, or equivalent control document issued by EPA or an approved State to implement the requirements of Parts 145, 146, and 124. "Permit" includes an area permit (§144.33) and an emergency permit (§144.34). Permit does not include UIC authorization by rule (§144.21) or any permit which has not yet been the subject of final agency action, such as a "draft permit".

Person means an individual, association, partnership, corporation, municipality, State, Federal, or Tribal agency, or an agency or employee thereof. (see 40 CFR 144.3 -Definitions)

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. (see 40 CFR 144.3 & 146.3-Definitions)

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. (see 40 CFR 146.3 -Definitions)

Point of injection means the last accessible sampling point prior to waste fluids being released into the subsurface environment through a Class V injection well. For example, the point of injection of a Class V septic system might be the 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. (see 40 CFR 144.3)

Pollution means such contamination, or other alteration of the physical, chemical or biological properties of any waters of the State, or such discharge of any liquid, gaseous or solid substance in any waters of the State as will or is likely to create a nuisance or render such waters harmful or detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

Pressure means the total load or force per unit area acting on a surface. (see 40 CFR 146.3 -Definitions)

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. (see 40 CFR 144.3 & 146.3-Definitions)

RCRA means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 ( Pub. L. 94-580, as amended, 42 U.S.C. 6901 et seq.). (see 40 CFR 144.3 & 146.3-Definitions)

Regi onal Administrator means The Regional Administrator of the appropriate Regional Office of the Environmental Protection Agency or the authorized representative of the Regional Administrator. (see 40 CFR 144.3 -Definitions)

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. (see 40 CFR 144.3)

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". (see 40 CFR 144.3 -Definitions)

SDWA means the Safe Drinking Water Act ( Pub. L. 95-523, as amended; 42 U.S.C. 300(f) et seq.). (see 40 CFR 144.3 & 146.3-Definitions)

Septic system means a "well" that is used to emplace sanitary waste below the surface and is typically comprised of a septic tank and subsurface fluid distribution system or disposal system. (see 40 CFR 144.3 -Definitions)

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. (see 40 CFR 144.3 & 146.3-Definitions)

Sole or principal source aquifer means an aquifer which has been designated by the Administrator pursuant to section 1424(a) or (e) of the SDWA. (see 40 CFR 146.3 -Definitions)

State Director means the Director of the Division of Environmental Quality.

State/EPA agreement means an agreement between the Regional Administrator and the State which coordinates EPA and State activities, responsibilities and programs. (see 40 CFR 144.3 -Definitions)

Stratum (plural strata) means a single sedimentary bed or layer, regardless of thickness, that consists of generally the same kind of rock material. (see 40 CFR 144.3 & 146.3-Definitions)

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. (see 40 CFR 146.3 -Definitions)

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. (see 40 CFR 144.3)

Surface casing means the first string of well casing to be installed in the well. (see 40 CFR 146.3 -Definitions)

Total dissolved solids (TDS) means the total dissolved (filterable) solids as determined by use of the method specified in 40 CFR part 136 . (see 40 CFR 144.3 & 146.3-Definitions)

UIC means the Underground Injection Control program under Part C of the Safe Drinking Water Act, including an "approved State program." (see 40 CFR 144.3 & 146.3-Definitions)

Underground injection means a "well injection." (see 40 CFR 144.3 & 146.3-Definitions)

Underground source of drinking water (USDW) means an aquifer or its portion:

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. (see 40 CFR 144.3 -Definitions)

Well injection means the subsurface emplacement of fluids through a well. (see 40 CFR 144.3 & 146.3-Definitions)

Well plug means a watertight and gastight seal installed in a borehole or well to prevent movement of fluids. (see 40 CFR 146.3 -Definitions)

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. (see 40 CFR 146.3 -Definitions)

Well monitoring means the measurement, by on-site instruments or laboratory methods, of the quality of water in a well. (see 40 CFR 146.3 -Definitions)

17.301. ADOPTION OF FEDERAL REGULATIONS

17.401. VIOLATIONS

17.501. CLASSIFICATION OF INJECTION WELLS

Injection wells are classified (see 40 CFR 144.80) as follows:

17.601. EXAMPLES OF CLASS V INJECTION WELLS

Typically, Class V wells are shallow wells used to place a variety of fluids directly below the land surface. However, if the fluids placed in the ground qualify as a hazardous waste under the RCRA, the well is either a Class I or a Class IV, not a Class V. (see 40 CFR 144.80(e))

Examples of Class V wells include:

17.701. SEVERABILITY

If any provision of this UIC Code or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this UIC Code which can be given effect without the invalid provision or application, and to this end provisions of this UIC Code are declared to be severable.

17.801. EFFECTIVE DATE

This UIC Code is effective ten (10) days after filing with the Secretary of State, State Library, and Bureau of Legislative Research.