Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 543 - RULES TO CONTROL THE SUBSURFACE DISCHARGE OF POLLUTANTS
Section 096-543-5 - Discharges authorized by this rule (LBR)

Universal Citation: 06 ME Code Rules ยง 096-543-5

Current through 2024-38, September 18, 2024

Under the following terms and conditions, discharges from the following injection wells are authorized by this rule without having to obtain an individual waste discharge license pursuant to 38 M.R.S.A. §413(1-B).

A. Class IV wells. As described in Section 2(D) 3, injection wells used to help clean up contaminated groundwater, either by injecting solutions to remediate contamination in situ or to return contaminated groundwater that has been treated and is being injected into the same formation from which it was drawn, are authorized by rule if such subsurface discharge of fluids is approved by the U.S. Environmental Protection Agency or the department, pursuant to provisions for cleanup of releases under CERCLA, RCRA, or

38 M.R.S.A., Chapters 11-A, 11-B, and 13-B. The owner or operator of a Class IV well authorized by rule shall comply with inventory requirements found in Section 5(C) and all other provisions of this chapter.

B. Class V wells. Discharges to the following types of Class V wells are authorized by this rule. The owner or operator of a Class V well authorized by rule shall comply with inventory requirements found in Section 5(C) and all other provisions of this chapter.

(1) Stormwater drainage wells, as described in Section 2(E)(4) and meeting the standards specified in 06-096 Chapter 500, Appendix D;

(2) Other drainage wells, as described in Section 2(E)(5);

(3) Beneficial use wells, as described in Section 2(E)(6), either not receiving stormwater or meeting the standards specified in 06-096 Chapter 500, Appendix D if they do receive stormwater;

(4) Fluid return wells, as described in Section 2(E)(7);

(5) Non-contact cooling water wells, as described in Section 2(E)(8); or

(6) Other injection wells, as described in Section 2(E)(11).

C. Inventory required. The owner or operator of a Class IV or Class V well that is authorized by this rule shall submit inventory information on a form provided by the Commissioner. At a minimum, the following information must be submitted prior to discharge.

(1) Facility name and physical location;

(2) Name and mailing address of legal contact;

(3) Ownership of facility;

(4) Number and type of well(s), including type and class of well for which authorization under this rule is sought;

(5) Characteristics of discharge;

(6) Well construction information; and

(7) Operating status of well(s).

The department may request additional information believed necessary to protect groundwater. Upon review, the department may make a determination that the individual discharge requires a license pursuant to 38 M.R.S.A. §413(1-B) or that the discharge is not permissible and must be terminated.

D. Inventory not required. The owner or operator of a Class V well located at a single-family, detached, residential house is exempt from the inventory requirement described in Section 5(C).

E. Expiration of discharge authorization under this rule. Authorization to discharge under this rule terminates upon a finding by the department that an individual license is required, expires once the well has been properly closed, or at any time the department learns that a Class V well has caused or may cause or contribute to a violation of this Chapter or the classifications and standards for a body of groundwater or surface water, as described in Section 3(B)(1). Well closure must comply with the prohibition of movement of fluid to groundwater, as stated in Section 3(B)(1). The owner or operator shall also dispose or otherwise manage any soil, gravel, sludge, liquids or other materials removed from or adjacent to the injection well in accordance with all applicable federal, state and local regulations and requirements.

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