Compilation of Rules and Regulations of the State of Georgia
Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-3 - ENVIRONMENTAL PROTECTION
Subject 391-3-6 - WATER QUALITY CONTROL
Rule 391-3-6-.13 - Underground Injection Control
Universal Citation: GA Rules and Regs r 391-3-6-.13
Current through Rules and Regulations filed through September 23, 2024
(1) Purpose. The purpose of this rule, 391-3-6-.13 is to establish classes of injection wells, prohibitions, criteria and standards applicable to injection wells.
(2) Definitions. All terms used in this rule shall be interpreted in accordance with the definitions as set forth in the Act, unless otherwise defined in this Paragraph or in any other Rule of this Chapter. All federal regulations adopted by reference are those in effect as of January 1, 2000.
(a) "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.
(b) "Aquifer" means a geological formation, group of formations, or part of a formation that is capable of yielding water to a well or spring.
(c) "Area of review" means the area surrounding an injection well or field where migration of the injection and/or formation fluid into an underground source of drinking water may occur.
(d) "Casting" 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.
(e) "Catastrophic collapse" means the sudden and utter failure of overlying strata caused by the removal of underlying materials.
(f) "Cementing" means the operation whereby a cement slurry is pumped into a drilled hole and/or forced behind the casing.
(g) "Cesspool" means a "drywell" that receives untreated sanitary waste containing human excreta, and which sometimes has an open bottom and/or perforated sides.
(h) "Class V septic system" means a "septic system" that handles sanitary and/or other wastes and has the capacity to serve 20 or more persons a day.
(i) "Confining bed" means a body of impermeable or distinctly less permeable material stratigraphically adjacent to one or more aquifers.
(j) "Confining zone" means a geological formation, group of formations, or part of a formation that is capable of limiting fluid movement above or below an injection zone.
(k) "Contaminant" means any physical, chemical, biological or radiological substance or matter in water.
(l) "Conventional mine" means an open pit or underground excavation for the production of minerals.
(m) "Disposal well" means a well used for the disposal of waste into a subsurface stratum.
(n) "Drainage well" means a well used to drain surface water into a shallow aquifer. An induced recharge well which drains ground water from a shallow aquifer into a deeper aquifer is not a drainage well.
(o) "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.
(p) "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 Paragraph 391-3-6-.13(4).
(q) "Facility, operations or activity" means any injection well or system.
(r) "Fluid" means any material or substance which flows or moves whether in a semisolid, liquid, sludge, gas, or any other form or state.
(s) "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.
(t) "Formation fluid" means fluid present in a formation under natural conditions as opposed to introduced fluids, such as drilling mud.
(u) "Generator" means any person, by site location, whose act or process produces hazardous waste identified or listed in Federal Regulations, 40 C.F.R. Part 261.
(v) "Groundwater" means water below the land surface in the zone of saturation.
(w) "Grout" means a mixture of not more than six gallons of clear water to one 95-pound bag of Portland cement or a mixture of clear water and bentonite adequate to create an impervious seal. The mixture may contain additives in proper amounts as necessary to reduce shrinkage and increase compatibility of the grout to injection and formation fluids.
(x) "Hazardous waste" means a hazardous waste as defined by the Georgia Hazardous Waste Management Act, Georgia Laws 1979, p. 1127, et seq., and the rules adopted pursuant to the Act.
(y) "Hazardous waste management 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.
(z) "Improved sinkhole" means a naturally occurring karst depression or other natural crevice found in other geologic settings which has been modified by man for the purpose of directing and emplacing fluids into the subsurface.
(aa) "Injection" means the subsurface emplacement of fluids.
(bb) "Injection well" means a well into which fluids are being or intended to be, injected.
(cc) "Injection zone" means a geological formation, group of formations, or part of a formation receiving fluids, through a well.
(dd) "Packer" means a device lowered into a well to produce a fluid-tight seal.
(ee) "Person" means any individual, corporation, association, partnership, county, municipality, State agency, Federal agency or facility or other entity.
(ff) "Plugging" means the act or process of stopping the flow of all fluids, including water, oil or gas into or out of a formation through a borehole or well penetrating that formation.
(gg) "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 drywell, it is likely to be the well bore itself.
(hh) "Radioactive waste" means any waste which contains radioactive material.
(ii) "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.
(jj) "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.
(kk) "Site" means the land or water area where any facility, operation or activity is physically located or conducted, including adjacent land used in connection with the facility, operation or activity.
(ll) "Stratum (plural strata)" means a single sedimentary bed or layer, regardless of thickness, that consists of generally the same kind of rock material.
(mm) "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.
(nn) "Subsurface fluid distribution system" means an assemblage of perforated pipes, drain tiles, or similar mechanisms intended to distribute fluids below the surface of the ground.
(oo) "Underground source of drinking water" means all aquifers or portions of aquifers which are not exempted aquifers.
(pp) "Waters or Waters of the State" includes any and all rivers, streams, creeks, branches, reservoirs, ponds, drainage systems, springs, wells, and all other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.
(qq) "Well" means an open bored, drilled or driven shaft, whose depth is greater than the largest surface dimension; or an open dug hole whose depth is greater than the largest surface dimension; or, an improved sinkhole; or a subsurface fluid distribution system. Ditches and drains, open or filled, are not wells.
(rr) "Well head protection area" means that land area delineated in accordance with Rule 391-3-5-.40.
(ss) "Well injection" means the subsurface emplacement of fluids through a well.
(tt) All other technical terms shall be defined in accordance to the definitions provided in Driscoll, F.G., 1996, Groundwater and wells, Johnson Division, St. Paul MN 55112.
(3) Classification of Injection Wells.
(a) Class I Wells. This class consists of industrial and municipal disposal wells that inject fluids other than hazardous waste or radioactive waste below the lowermost formation containing, within two (2) miles of the well bore (or greater distance if determined by the Director), an underground source of drinking water.
(b) Class II Wells.
1. This class consists of wells which inject fluids:
(i) which are brought to the surface in connection with conventional oil or natural gas production and which may be commingled with wastewaters 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;
(ii) for enhanced recovery of oil or natural gas; and
(iii) for storage of hydrocarbons which are liquid at standard temperature and pressure.
(c) Class III Wells.
1. This class consists of wells which inject fluids for the extraction of minerals including:
(i) mining of sulfur by the Frasch method;
(ii) 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 stops leaching is included in Class V; and
(iii) solution mining of minerals, such as salt or potash.
(d) Class IV Wells.
1. This class consists of injection wells used by generators of hazardous waste or of radioactive waste, by owners or operators of hazardous waste management facilities, or by owners or operators of radioactive waste disposal sites to dispose of hazardous waste or radioactive waste into the subsurface or ground water.
2. Any septic tank, well or cesspool used by generators of hazardous or radioactive waste, or by owners or operators of hazardous or radioactive waste management facilities, to dispose of fluids containing hazardous or radioactive wastes into the subsurface or ground water.
3. The subsurface emplacement of hazardous waste or radioactive waste by well injection into the subsurface or waters of the State is hereby prohibited. No permit authorizing or establishing an effluent limitation inconsistent with the foregoing shall be issued.
(e) Class V wells consists of all injection wells not included in Classes I, II, III, or IV. 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 Resource Conservation and Recovery Act (RCRA), the well is a Class IV well, not a Class V well. Class V wells include, but are not limited to:
1. Air conditioning return flow wells or any other open-loop system used to return to the supply aquifer or any aquifer the water used for heating or cooling in a heat pump;
2. Large-capacity cesspools including multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes, containing human excreta, which have an open bottom and sometimes have perforated sides. These requirements do not apply to single family residential cesspools nor to nonresidential cesspools which receive solely sanitary waste and have the capacity to serve fewer that 20 persons a day;
3. Cooling water return flow wells used to inject water previously used for cooling;
4. Drainage wells used to drain surface fluid, primarily storm runoff, into a subsurface formation;
5. Drywells used for the injection of wastes into a subsurface formation;
6. Recharge wells used to replenish or store water in an aquifer;
7. Remediation wells used to inject water, air, oxygen, nutrients, or partly clean water to remediate sites contaminated with hydrocarbons or chemicals;
8. Salt water intrusion barrier wells used to inject water into a fresh water aquifer to prevent the intrusion of salt water into the fresh water;
9. 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;
10. Septic system wells used to inject the waste or effluent from a multiple dwelling business establishment, community or regional business establishment septic system. These rules do not apply to single family residential septic system wells, nor to non-residential septic system wells that are used solely for the disposal of sanitary waste and have the capacity to serve fewer than 20 persons a day.
(4) Identification of Underground Sources of Drinking Water and Exempted Aquifers.
(a) The Director may identify by narrative description, illustrations, maps, or other means, and shall protect, except where exempted under subparagraph (b) of this paragraph, as an underground source of drinking water, all aquifers or parts of aquifers which meet the definition of an "underground source of drinking water" for the purposes of these rules. Unless specifically exempted by the Director under subparagraph (b) of this paragraph, all aquifers shall be considered, for the purposes of these rules, as underground sources of drinking water.
(b) The Director may identify by narrative description, illustrations, maps, or other means, all aquifers or parts of aquifers which the Director proposes to designate as an exempted aquifer, for the purposes of these rules, if it meets the following criteria:
1. It does not currently serve as a source of drinking water;
2. The total dissolved solids (TDS) is greater than 3,000 milligrams per liter;
3. Injection into the aquifer will not cause salt water to move into and contaminate underground sources of drinking water; and
4. It cannot now and will not in the future serve as a source of drinking water because;
(i) it is mineral, hydrocarbon or geothermal energy producing or can be demonstrated by a permit applicant for a Class II or III operation to contain minerals or hydrocarbons, that considering their quantity and location, are expected to be commercially producible based on available information; or
(ii) it is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; or
(iii) it is so contaminated that it would be economically or technologically impractical to render the water fit for human consumption; or
(iv) it is located over a Class III mining area subject to subsidence or catastrophic collapse.
(c) For Class III wells, the Director shall require an applicant for a permit which necessitates an aquifer exemption to furnish the data necessary to demonstrate that the aquifer is expected to be mineral or hydrocarbon producing. Information contained in the mining plan for the proposed project, such as a map and general description of the mining zone, general information on the mineralogy and geochemistry of the mining zone, analysis of the amenability of the mining zone to the proposed mining method and a timetable of planned development of the mining zone shall be considered by the Director in addition to the information required by Rule 391-3-6-.13(6). Approval of the aquifer exemption shall be treated as a program revision under this paragraph.
(d) For Class II wells, a demonstration of commercial productibility shall be made as follows:
1. For a class II well to be used for enhanced oil recovery processes in a field or project containing aquifers from which hydrocarbons were previously produced, commercial productibility shall be presumed by the Director upon a demonstration by the applicant of historical production having occurred in the project area or field.
2. For Class II wells, not located in a field or project containing aquifers from which hydrocarbons were previously produced, information such as logs, core data, formation description, formation depth, formation thickness and formation parameters such as permeability and porosity shall be considered by the Director, to the extent such information is available.
(e) No designation of an exempted aquifer, for the purposes of these rules, shall be final until the Director has provided public notice and opportunity for a public hearing on the proposed designation and the designation has been approved by the Administrator.
(5) Prohibition of Movement of Fluid into Underground Sources of Drinking Water.
(a) No owner or operator shall construct, operate, maintain, convert, plug, abandon, or conduct any other injection activity in a manner that allows the movement of fluid containing any contaminant into underground sources of drinking water, if the presence of that contaminant may cause a violation of any primary drinking water regulation under Georgia's Rules for Safe Drinking Water, Chapter 391-3-5, or may otherwise adversely affect the health of persons. The applicant for a permit shall have the burden of showing that the requirements of this paragraph are met.
(b) Except for remediation wells, injection of fluids shall be prohibited in the inner management zone of any wellhead protection area defined by Rule 391-3-5-.40.
(6) Permit Application for Class I, II and III Wells.
(a) No person shall, in accordance with the Act, construct or operate a Class I, II, or III injection well without first having applied for, and obtained, an injection well permit from the Director. The requirements for Class II wells do not include permits for exploration, drilling and well construction for oil and/or gas production.
(b) The subsurface emplacement of hazardous waste or radioactive waste by well injection into the subsurface or waters of the State is hereby prohibited. No permit authorizing or establishing an effluent limitation inconsistent with the foregoing shall be issued.
(c) Applications for injection well permits for Class I, II or III injection wells shall be in accordance with Federal Regulations, 40 C.F.R. 144.11, 144.21, and 144.31. Applications shall be on forms as may be prescribed and furnished from time to time by the Division and shall be accompanied by all pertinent information as the Division may request including, but not limited to, the information the Director must consider for authorizing Class I, II or III wells as set forth in the Federal Regulations, 40 C.F.R. 146.14, 146.24 and 146.34.
(d) All permit applications and reports for Class I, II, or III injection wells shall be signed in accordance with the Federal Regulations, 40 C.F.R. 144.32, 146.12 and 146.22.
(e) When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit.
(7) Notice and Public Participation for Class I, II and III Wells.
(a) When the Division is satisfied that the application is complete, a tentative determination will be made to issue or deny the permit. If the tentative determination is to issue the permit, a draft permit will be prepared in accordance with Federal Regulations, 40 C.F.R. 124.6 and applicable State laws prior to the issuance of a public notice. The notice and public participation procedures of Rule 391-3-6-.26 shall apply for Class I, II and III Wells.
(8) Terms and Conditions of Permits for Class I, II, or III Wells.
(a) Terms and conditions under which an Injection Well will be permitted will be specified on the permit issued and shall be in accordance with Federal Regulations, 40 C.F.R. 144.4, 40 C.F.R. 144.51 and 40 C.F.R. 144.52, Paragraph 391-3-6-.13(9) of this Rule and as may be additionally required by the Director.
(b) No Injection Well Permit shall be issued authorizing the movement of fluid containing any contaminant into underground sources of drinking water if the presence of that contaminant may cause a violation of any primary drinking water regulation set forth in Georgia Rules for Safe Drinking Water, Chapter 391-3-5, or may otherwise adversely affect the health of persons. The applicant for a permit shall have the burden of showing that the requirement of this paragraph is met.
(c) When the corrective action plan as required in Paragraph 391-3-6-.13(9) is adequate, the Director shall incorporate it into the permit as a condition. Where the Director's review of an application indicates that the permittee's plan is inadequate (based on the factors in Federal Regulations, 40 C.F.R. 146.07), the Director shall require the applicant to revise the plan, prescribe a plan for corrective action as a condition of the permit under paragraph (b) of this section, or deny the application.
1. No owner or operator of a new injection well may begin injection until all required corrective action has been taken.
2. The Director 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 the 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.
3. When setting corrective action requirements for Class III wells the Director shall consider the overall effect of the project on the hydraulic gradient in potentially affected underground sources of drinking water, and the corresponding changes in potentiometric surface(s) and flow direction(s) rather than the discrete effect of each well. If a decision is made that corrective action is not necessary based on the determinations above, the monitoring program required in Federal Regulations, 40 C.F.R. 146.33(b) shall be designed to verify the validity of such determination.
(d) The permittee shall report any monitoring or other information which indicates any contaminant that may cause an endangerment of an underground source of drinking water, any noncompliance that may endanger health or the environment, or any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between fresh water zones or underground sources of drinking water. Any noncompliance with a permit condition or malfunction of the injection information shall be reported by telephone to the Director within twenty-four (24) hours from the time the permittee becomes aware of the noncompliance and a written submission within five (5) days of the oral notification. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance including exact dates and times, the corrective action taken to reduce or eliminate the noncompliance, and the steps planned to prevent a recurrence of the noncompliance.
(e) The permittee is required to maintain financial responsibility and resources to close, plug and abandon the underground injection operation in a manner prescribed by the Director. The permittee must show evidence of financial responsibility to the Director by the submission of surety bond, or other adequate assurance, such as financial statements or other materials acceptable to the Director.
(f) The permittee shall operate the well so as not to exceed maximum injection volumes and pressures as necessary to assure that fractures are not initiated in the confining zone; that injected fluids do not migrate into fresh water zones or underground sources of drinking water; or that formation fluids are not displaced into underground sources of drinking water. The Director shall establish such volumes and pressure limits as permit conditions.
(g) Injection may not commence until construction is complete and written approval to commence has been given by the Director. The permittee shall submit notice of completion of construction to the Director including:
1. All available logging and testing program data on the well;
2. A demonstration of the mechanical integrity of the well;
3. The anticipated maximum pressure and flow rate at which the permittee will operate;
4. The results of the formation testing program;
5. The actual injection procedure;
6. The compatibility of injected waste with the fluids in the injection zone; and
7. The status of corrective action on defective wells in the area of review to prevent fluid movement into underground sources of drinking water.
(h) The permittee shall notify the Director in writing of any proposal to abandon an injection well and that the plugging and abandonment plan approved as part of the permit will be followed.
(i) A permit shall be issued for a period not to exceed five (5) years from the date of issuance. On expiration of the permit the permit shall become invalid and the injection prohibited unless application is made at least ninety (90) days prior to the expiration date for a reissuance of the permit. When a permittee has submitted a timely and sufficient application for a new Injection Well Permit and the Director is unable, through no fault of the permittee, to issue the new permit before the expiration date of the existing permit, then the Director shall extend the existing permit until a new permit is issued.
(j) A permit may be transferred to any person provided the permittee notifies the Director in writing at least 30 days in advance of the proposed transfer date and the transfer is approved by the Director.
(k) The permit does not convey any property rights of any sort or any exclusive privilege.
(l) The permit may be modified, revoked and reissued, or terminated for cause, or minor modifications may be made in accordance with Federal Regulations, 40 C.F.R. 124.5, 144.39 and 144.41. The permittee shall furnish the Director any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing or terminating permit or to determine compliance with the permit.
(m) The Director may terminate a permit during its term or deny a permit renewal for the following causes:
1. Noncompliance by the permittee with any conditions of the permit;
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;
3. A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification of termination; or
4. A failure by the permittee to demonstrate that continuation of the operation under the permit will not result in degradation of the water quality.
(n) For Class I, II and III Wells, if any water quality monitoring of an underground source of drinking water indicates the movement of any contaminant into the underground source of drinking water, the Director shall prescribe such additional requirements for construction, corrective action, operation, monitoring or reporting (including closure of the injection well) as are necessary to prevent such movement.
(o) Notwithstanding any other provisions of this rule the Director may issue a temporary permit for a specific injection in accordance with the Federal Regulations, 40 C.F.R. 144.34
(9) Corrective Action.
(a) Applicants for Class I, II, or III injection well permits shall identify the location of all known wells within the injection well's area of review which penetrate the injection zone, or in the case of Class II wells operating over the fracture pressure of the injection formation, 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 Director shall incorporate it into the permit as a condition. Where the Director's review of an application indicates that the permittee's plan is inadequate (based on the factors in subparagraph 391-3-6-.13(8)(c)), the Director shall require the applicant to revise the plan, prescribe a plan for corrective action as a condition of the permit under subparagraph (b) of this paragraph or deny the application.
(b) In determining the adequacy of corrective action proposed by the applicant under this paragraph and in determining the additional steps needed to prevent fluid movement into underground sources of drinking water, the following criteria and factors shall be considered by the Director;
1. Nature and volume of injected fluid;
2. Nature of native fluids or by-products of injection;
3. Potentially affected population;
4. Geology;
5. Hydrology;
6. History of the injection operation;
7. Completion and plugging records;
8. Abandonment procedures in effect at the time the well was abandoned; and
9. Hydraulic connections with underground sources of drinking water.
(10) Criteria and Standards Applicable to Class I, II, and III Injection Wells.
(a) Each permittee shall comply with the criteria and standards for underground injection control for Class I, II and III injection wells as set forth in the Federal Regulations, 40 C.F.R. 146.12, 146.22 and 146.32 and as may be additionally prescribed by the Director.
(b) All Class I wells shall be sited in such a fashion that they inject into a formation which is beneath the lowermost formation containing, within a two (2) mile radius of the well bore or greater if determined by the Director, an underground source of drinking water.
(c) All Class II wells shall be sited in such a fashion that they inject into a formation which is separated from an underground source of drinking water by a confining zone that is free of known open faults or fractures within the area of review.
(d) Operating, monitoring and reporting requirements shall be in accordance with Federal Regulations, 40 C.F.R. 146.13, 40 C.F.R. 146.23 and 40 C.F.R. 146.33 and as may be additionally prescribed by the Director.
(11) Permit Application for Class V Wells.
(a) Except as identified in subparagraph 1. below, no person shall, after the effective date of this rule, construct or operate a Class V injection well for the injection of contaminants or fluids unless authorized by a permit issued by the Director.
1. In accordance with O.C.G.A. 12-5-30(f), the use of a Class V septic system that handles only sanitary wastes shall be permitted under a General Permit issued by the Director. The General Permit and a list of all Class V septic systems shall be maintained in the offices of the Division.
(b) After the effective date of this rule, use of a new or existing Class V septic system that handles sanitary and/or other wastes shall be permitted by the Director provided that a written hydrogeologic determination has been made by a professional geologist or professional engineer registered in the State of Georgia in accordance with Chapter 19 or Chapter 15, respectively, of Title 43 that such a system does not endanger an underground source of drinking water nor is such a system within the inner management zone of any existing well head protection area. For those Class V septic systems that will be covered under the general land application system permit for large community systems, the Director will accept a hydrogeologic determination by a professional geologist or professional engineer or a written soil report prepared by a qualified soil scientist. The soil scientist will have qualifications meeting the requirements of O.C.G.A. 12-2-10(b) and must be certified by the Georgia Department of Human Resources to conduct soil investigations for on-site sewage management systems.
(c) The use of a Class V remediation well that is used as part of a Division-approved plan to remediate a site having contaminated soil and/or ground water shall be permitted by the Director provided that such an approved plan has been prepared and signed and sealed by a professional geologist or professional engineer registered in the State of Georgia in accordance with Chapter 19 or Chapter 15, respectively, of Title 43.
(d) Class V wells apply to all injection wells not included in Classes I, II, III or IV. Class V wells are defined in subparagraph 391-3-6-.13(3)(e).
(e) Exclusive of the authorizations indicated in subparagraphs (a)1. above of this paragraph, any person desiring to construct a Class V well shall apply in writing to the Director for an injection well permit. Any persons owning or operating any unpermitted well meeting the definitions of a Class V well, exclusive of the authorizations described in subparagraph (a)1. above of this paragraph, prior to the effective date of this rule shall submit an application and information to the Director no later than July 1, 2001. The application shall include, but need not be limited to, the following information:
1. Name, mailing address, telephone number, latitude and longitude and location of the facility;
2. Name and address of the owner and operator, telephone number, if different than the facility;
3. A map showing the location of each existing or proposed injection well at the facility;
4. A diagram showing the details of the construction existing injection well(s) and the proposed construction of any proposed injection well(s).
5. Proposed or existing injection rate and injection pressure or gravity flow;
6. The chemical, physical and radioactive, characteristics of the fluid injected or to be injected; and
7. Signature of the applicant.
(f) Upon receipt of the application, the Director shall:
1. Determine if the facility is a Class V well.
2. Determine if additional information is required to evaluate the facility.
3. Assess the potential adverse effect upon the underground source of drinking water.
4. Determine any construction and operating requirements to protect the underground drinking water source.
(g) After an evaluation of the application, the Director shall:
1. Issue a permit in the form of a letter containing any special permit conditions as may be necessary such as well construction, operation, monitoring and reporting. The permit shall be for a period not to exceed ten (10) years.
2. If the Director determines that the facility is not a Class V well, he shall require the applicant to submit a permit application in accordance with Paragraph 391-3-6-.13(6) of this Rule. The application processing and permit issuance shall be in accordance with Paragraphs 391-3-6-.13(7) and 391-3-6-.13(8).
3. Deny the issuance of a permit.
(h) No person shall be issued a permit to operate a Class V well where the movement of fluid, in the judgment of the Director, may cause a violation of any primary drinking water rule under the Georgia Rules for Safe Drinking Water, Chapter 391-3-5, or which may adversely affect the health of persons.
1. If at any time the Director learns that a permitted Class V well may cause a violation under this rule, the Director shall:
(i) order the injector to take such actions as may be necessary to prevent the violation, including where required closure of the injection well; or
(ii) take enforcement action.
2. Notwithstanding any other provisions of this rule, the Director may take emergency action upon receipt of information that a contaminant which is present in, or is likely to enter a public water system, may present an imminent and substantial endangerment to the health of persons.
(i) Any persons operating an existing unpermitted Class V well and injecting fluids after the effective date of this rule shall be authorized to continue the operation under conditions of permits or other authorization in effect prior to the effective date of this rule, provided an application is submitted within twelve months after the effective date of this rule. An exception to this rule is that any person injecting fluids that may endanger an underground source of drinking water shall notify the Director within thirty (30) days of the effective date of this rule.
(12) Standards and Criteria Applicable to Class V Wells.
(a) Except as identified in subparagraph 391-3-6-.13(11)(a)1. above, no person shall construct a Class V well without first having applied for and obtained a permit from the Director.
(b) Class V wells shall be sited so that the injection fluid does not contaminate an underground source of drinking water.
(c) Except for remediation wells, the injected fluid, upon reaching any underground source of drinking water, shall not contain any chemical constituents that exceed any Maximum Contaminant Levels (MCL) identified in Rule 391-3-5-.18. For Class V septic systems, the fluid leaving the subsurface distribution system may exceed any maximum contaminant levels (MCLs) identified in Rule 391-3-5-.18 provided that the MCL is not exceeded upon the fluid reaching any underground source of drinking water.
(d) With the exception of remediation wells, no Class V well shall be located within the inner management zone of any wellhead protection area after the effective date of this rule.
(e) Class V well construction. Subsections 1., 2. and 3. below shall not apply to Class V septic systems as identified in subparagraphs 391-3-6-.13(11)(a)1. and (b) above:
1. The person constructing the well shall be a licensed water well contractor in the State of Georgia in accordance with the provisions of Chapter 5 of title 12.
2. Casing shall extend at least five (5) feet into the injection zone unless otherwise specified by the Director.
3. The annular space around the entire length of the casing shall be grouted and sealed to prevent pollution by surface waters, other formation fluids or pollutants into the formation above the injection zone.
4. Special construction requirements may be specified by the Director or the permit to prevent contamination of an underground source of drinking water.
5. Septic systems shall be constructed in accordance with the Georgia Department of Human Resources requirements in 290-5-26.
(f) An injection permit may be transferred to any person provided the permittee notifies the Director in writing at least 30 days in advance of the proposed transfer date and the transfer is approved by the Director.
(g) A permit issued by the Director may include permit conditions for the monitoring, testing and reporting of the injection facility.
(h) Plugging and Abandonment. Except for septic systems identified in subparagraphs 391-3-6-.13(11)(a)1. and 2. above, the following shall apply:
1. The Director may order a Class V well plugged and abandoned by the owner when it no longer performs its intended purpose, or when it is determined to endanger underground sources of drinking water.
2. It shall be the owner's responsibility to have any injection well plugged and abandoned by the water well contractor before removing the drilling equipment from the site if the well is not completed for its intended purpose.
3. It shall be the owner's responsibility to have any exploratory and/or test well(s) constructed for the purpose of obtaining information on an injection well site, plugged and abandoned by the water well contractor.
4. The entire depth of the well shall be completely filled with cement grout, which shall be introduced into the well by a pipe which extends to the bottom of the well and is raised as well is filled, unless otherwise approved by the Director.
(13) Mechanical Integrity. Except for septic systems as identified in subparagraphs 391-3-6-.13(11)(a)1. and 2. above, the following shall apply:
(a) An injection well has mechanical integrity if:
1. There is no detectable leak in the casing, tubing or packer; and
2. There is no detectable fluid movement into an underground source of drinking water through vertical channels adjacent to the injection well bore.
(b) One of the following methods must be used to evaluate the absence of detectable leaks under subparagraph 391-3-6-.13(13)(a)1.:
1. Monitoring of annulus pressure; or
2. Pressure test with liquid or gas.
(c) The methods used to determine the absence of detectable fluid movement into an underground source of drinking water shall be the results of a temperature or sonic log.
(d) In conducting and evaluating the tests for mechanical integrity, the owner or operator and the Director shall apply methods and standards generally accepted in the industry. When the owner or operator reports the results of mechanical integrity tests to the Director, the report shall include a description of the test(s) and method(s) used. The Director, in making an evaluation shall review monitoring and other test data submitted since the previous evaluation.
(e) The Director may waive mechanical integrity testing of remediation wells in shallow unconfined aquifers.
(14) Plugging and Abandoning Class I, II and III Wells.
(a) The permittee shall inform the Director in writing of the permittee's intent to abandon an injection well at least forty-five (45) working days prior to the abandonment.
(b) The permittee shall be responsible for the plugging of any injection well that is abandoned. Such plugging shall be in accordance with the criteria identified in Chapter 5 (120-138) of Title 12.
(c) Wells shall be plugged with cement in a manner which will not allow the movement of fluids either into or between underground sources of drinking water.
(d) The placement of the cement shall be accomplished under pressure from bottom to top.
(e) The well to be cemented shall be in a state of static equilibrium with the mud weight equalized top to bottom, either by circulating the mud in the well at lease once or by a comparable method prescribed by the Director, such as the use of a packer, prior to the placement of the cement plugs.
(f) The Director may require ground water monitoring after well abandonment if contamination of an underground source of drinking water is suspected.
(g) The permittee shall certify to the Director within thirty (30) days of plugging that the injection well was plugged according to permitted procedures.
(15) Emergency Action. If at any time the Director learns that an injection well may cause or has caused the movements of any fluids containing contaminants into an underground source of drinking water or otherwise adversely affect the water quality or adversely affect the public health, the Director shall:
(a) Order the injector to cease the operation and take such actions as may be necessary to prevent the violation;
(b) Order the injector to take such actions as may be necessary to correct the violation;
(c) Take enforcement action; or
(d) Take emergency action upon receipt of information that a contaminant is likely to enter a public water system and present an imminent and substantial endangerment to the health of the public.
(16) Prohibited Wells. The following types of wells are specifically prohibited Statewide.
(a) All Class IV wells that are used to emplace hazardous waste or radioactive waste into the subsurface.
(b) New drainage wells, except where such wells have been permitted and designed by a professional geologist or professional engineer registered in the State of Georgia in accordance with Chapter 19 or Chapter 15, respectively, of Title 43 and the injected fluid does not contain any chemical constituent that exceeds any Maximum Contaminant Level (MCL) identified in Rule 391-3-5-.18.
(c) New large-capacity cesspools are prohibited. A large-capacity cesspool receives sanitary waste from multiple dwellings and community or regional establishments serving more than 20 persons a day. Existing large-capacity cesspools shall be closed by April 5, 2005. Such closure shall include a 30-day notification prior to closure. Well closure shall include removal of contaminated materials, disinfection, and plugging with an impervious bentonite-cement mixture. Closure shall be in accordance with criteria identified in Chapter 5 (120-138) of Title 12.
(d) Open loop heat pump systems where return water is discharged into a well.
(e) Motor vehicle waste disposal wells.
O.C.G.A. § 12-5-20 et seq.
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