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 March 20, 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.
Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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