Current through Register 1531, September 27, 2024
(1) The owner and operator of an existing,
proposed, or closed Class IV or Class V well that meets any of the following
criteria shall jointly submit an electronic registration application to the
Department using the Department's electronic filing system (unless the
Department indicates that an alternative filing format is acceptable at the
time of filing, or unless the Department grants a hardship exemption that
allows for paper submission on a form available from the Department) in
accordance with the following:
(a) Unless
exempt pursuant to
310 CMR 27.07, the
owner and operator of a Class V well in existence as of September 13, 2002,
shall jointly submit a registration application to the Department for each such
well by January 1, 2003;
(b) Unless
exempt pursuant to
310 CMR 27.07, the
owner and operator of a Class V injection well first put into use after
September 13, 2002, shall jointly submit a registration application to the
Department prior to commencing any injection;
(c) The owner and operator of a registered
Class IV or Class V injection well shall jointly submit a registration
application to the Department prior to any conversion of the injection well's
class or type of injection;
(d)
Unless exempt pursuant to
310 CMR 27.07, the
owner or operator or Massachusetts Licensed Site Professional (LSP) of record
of a property with an existing Class IV or Class V aquifer remediation well
authorized by
310 CMR 27.05(1)
shall submit the information required by 310
CMR 27.08(2) on a form provided by the Department by the following deadlines:
1. by April 1, 2017, for a well in existence
as of October 1, 2016; or
2. within
30 days after commencing any injection for a well first put into use after
October 1, 2016; and
(e)
The owner and operator of a Class V injection well that has become an inactive
well or has gone through a closure process for which a Department-issued UIC
registration number has not been issued shall jointly submit a registration
application to the Department unless that well was closed prior to September
13, 2002.
(2) A
registration application submitted to the Department by the owner and operator
of an existing, proposed, or closed Class IV or Class V well shall be signed by
both the owner and operator of the well and shall include all information
requested by the form including, but not limited to, the following:
(a) facility name;
(b) facility location;
(c) name of facility owner;
(d) legal contact for facility
owner;
(e) name of facility
operator;
(f) legal contact for
facility operator;
(g) nature and
type of well(s); and
h) operating
status of well(s).
(3)
Failure by the Department to approve, approve with conditions or deny a
complete application within the timelines established in
310 CMR 4.00: Timely
Action Schedule and Fee Provisions, shall be deemed to be an approval
of the application.
(4) No person
may commence or convert any injection into a well for which a registration
application has been submitted pursuant to 310 CMR 27.08(1)(b) or (c), until
the registration is approved by the Department.
(5) The Department may deny a registration
application or impose conditions on its approval of a registration application
if it determines that:
(a) the injection well
does not conform to the applicable standards for registration established by
310 CMR 27.00;
(b) the injection is causing or allowing, or
may cause or allow, the movement of fluid containing any pollutant into
underground sources of drinking water and the presence of that pollutant is
causing or is likely to cause a violation of
310 CMR
22.00: Drinking Water;
(c) the injection is impairing or may impair
the use of ground water as an actual or potential source of potable
water;
(d) the injection is
adversely affecting or may adversely affect the health of persons;
(e) the application was not timely submitted
in accordance with 310 CMR 27.08(1);
(f) the application is incomplete;
or
(g) the applicant has submitted
information in the registration application which the applicant knew or
reasonably should have known was false or misleading.
(6) No person may continue any injection into
a well for which a registration application has been submitted pursuant to 310
CMR 27.08(1)(a) or (d) if the registration is denied by the Department.
Links to the UIC regulations and guidelines, UIC registration
filing instructions, and a link to the Department's electronic filing system
can be found at:
http://www.mass.gov/eea/agencies/massdep/water/drinking/underground-injection-control.html.
