Missouri Code of State Regulations
Title 10 - DEPARTMENT OF NATURAL RESOURCES
Division 20 - Clean Water Commission
Chapter 6 - Permits
Section 10 CSR 20-6.090 - Class III Mineral Resources Injection/Production Well Operating Permits

1. Sulfur mining by the Frasch process;

2. In-situ production of uranium or other metals. This category includes only in-situ production from ore bodies which have not been conventionally mined;

3. In-situ combustion of fossil fuel; fossil fuels include coal, tar sands, oil shale, and any other fossil fuel which can be mined by this process; and

4. Solution mining of salts or potash.

1. The name and address of any permit applicant or permittee; and

2. Information which deals with the existence, absence or level of contaminants in drinking water.

1. All items listed in 10 CFR 144.31(e);

2. Description of the process that will be used for the mineral extractions, including injection/withdrawal procedures;

3. Estimated depth of the well, casing lengths and weights, intervals to be cemented, and related well construction data as recommended by the office of the state geologist;

4. Maximum and average volume of injected fluids and injection pressure that will be used on a daily basis;

5. Appropriate application fee as listed in 10 CSR 20-6.011;

6. Recommendation and justification on the number and location of sampling wells by a registered professional engineer or a qualified geologist as defined by sections 256.501 and 256.503, RSMo;

7. Where injection is into a formation which contains water with less than ten thousand milligrams per liter (10,000 mg/l) total dissolved solids (TDS), monitoring wells shall be:

8. Where injection is into a formation which does not contain water with less than ten thousand (10,000) mg/l TDS, no monitoring wells are necessary in the injection zone;

9. Where the injection wells penetrate an underground source of drinking water (USDW) in an area subject to subsidence or catastrophic collapse, an adequate number of monitoring wells shall be:

10. In determining the number, location, construction and frequency of sampling of the monitoring wells, the following criteria shall be considered:

11. Map(s) describing an area of review for each Class III injection/production well or group of wells, as determined by a registered professional engineer or a qualified geologist as defined by sections 256.501 and 256.503, RSMo. The area of review shall be that area the radius of which is determined by the lateral distance from a Class III injection/production well or perimeter of a group of wells in which the pressure in the injection zone may cause the migration of injection or formation, or both, fluid into an USDW or into an improperly constructed, plugged, or abandoned well or test hole.

12. Submit with the application a mapped and tabulated inventory of all known water supply, injection/production, abandoned and test wells, including field names or numbers and locations of the wells, public water systems, within the area of review and a separate tabulation of all the wells, which penetrate the injection zone listing each well's type, construction method, date drilled, location, depth, and record of plugging or completion, or both, including a description of all corrective action(s) proposed to be performed to render wells penetrating the injection zone sealed, plugged, or otherwise impervious to the migration of fluids into or between well bores, USDWs, or different aquifers. The applicant is responsible for the inventory and corrective action requirements of this section and shall extend every reasonable effort to locate all wells within the area of review of the applicant well(s);

13. A plan for plugging and abandonment. Where the plan meets the requirements of this paragraph, the director will incorporate it into the permit as a condition. Where the director's review of an application indicates that the permittee's plan is inadequate, the director will require the applicant to revise the plan, prescribe conditions meeting the requirements of this paragraph, or deny the application. For purposes of this paragraph, temporary intermittent cessation of injection operations is not abandonment;

14. Prior to granting approval for the plugging and abandonment of a Class III well, the director will consider the following information:

15. 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 sub-mission surety bond or other adequate assurance such as financial statements or other materials acceptable to the director;

16. Maps and cross-sections indicating the vertical limits of all USDWs within the area of review, their position relative to the injection formation, and the direction of water movement, where known, in every under ground source of drinking water which may be affected by the proposed injection;

17. Maps and cross-sections detailing the geologic structure of the local area;

18. Generalized map and cross-sections illustrating the regional geologic setting;

19. Qualitative analysis and ranges in concentrations of all constituents of injected fluids. The applicant may request confidentiality as specified in subsection (1)(E). If the information is proprietary, an applicant, in lieu of the ranges in concentrations, may choose to submit maximum concentrations which shall not be exceeded. In this case the applicant shall retain records of the undisclosed concentrations and provide them upon request to the director as part of any enforcement investigation;

20. Proposed formation testing program to obtain the information required by para graph (2)(H)4.;

21. Proposed stimulation program;

22. Schematic or other appropriate drawings of the surface and subsurface construction details of the well;

23. Plans, including maps, for meeting the monitoring requirements of subsection (4)(D);

24. Expected changes in pressure, native fluid displacement, and direction of movement of injection fluid;

25. Contingency plans to cope with all shutins or well failures so as to prevent the migration of contaminating fluids into the USDW;

26. A certificate that the applicant has assured, through a performance bond or other appropriate means, the resources necessary to close, plug, or abandon the well as required by paragraph (2)(B)19.;

27. The corrective action proposed to be taken under paragraph (2)(B)18.;

28. Where the injection zone is a formation which is naturally water-bearing, the following information concerning the injection zone shall be determined or calculated for new Class III wells or projects:

29. Where the injection formation is not a water-bearing formation, only the information in subparagraph (2)(A)28.B. must be submitted;

30. Where the permittee becomes aware that s/he failed to submit any relevant facts in a permit application, or has submitted incorrect information in a permit application or in any report to the director, the permittee shall promptly submit the facts or information; and

31. Data sufficient to allow the department to carry out aquifer exemption procedures under the Safe Drinking Water Act, UIC program. The information shall be sufficient to demonstrate that the aquifer is expected to be mineral or hydrocarbon producing. Information 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 for 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.

1. For a corporation-by an officer of at least the level of plant manager;

2. For a partnership or sole proprietorship-by a general partner or the proprietor; or

3. For a municipal, state, federal, or other public facility-by either a principal executive officer or ranking public official or his/her designee.

1. The representative so authorized is responsible for the overall operation of the facility from which the injection/withdrawal occurs; and

2. The authorization is made in writing by a person designated in subsection (2)(B) of this rule and is submitted to the director.

1. All available logging and testing data on the well;

2. A satisfactory demonstration of mechanical integrity;

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 procedures; and

6. The status of corrective action on defective wells in the area of review.

1. Described and identified by location in permit application(s) if they are existing wells, except that the director may accept a single description of wells with substantially the same characteristics;

2. Located within the same well field, facility site, reservoir, project, or similar unit in the same state;

3. Operated by a single owner or operator;

4. Area permits will specify-

5. Area permits may authorize the permittee to construct and operate, convert, or plug and abandon wells within the permit area provided-

1. All operations shall be consistent with the terms and conditions of the permit ;

2. The permit may be modified or revoked after reasonable notice for causes including, but not limited to:

3. Suitability of the facility will not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance;

4. The permit may be issued for a period of up to five (5) years in accordance with section 644.051, RSMo and 10 CSR 20-6.010. If the permittee wishes to continue an activity regulated by the permit after the expiration date of the permit, the permittee must apply for and obtain a new permit prior to the expiration date of the permit in effect;

5. The director may terminate a permit during its term or deny a permit renewal application for the following causes:

6. For the purpose of inspecting for compliance with the Clean Water Law and these regulations, authorized representatives of the department shall be allowed by the permittee, upon presentation of credentials and at reasonable times, to-

7. Facility expansions, production increases or process modifications which will result in a new substantially different operation must be reported sixty (60) days before the facility or process modification begins. Notification may be accomplished by application for a new permit or by submission of notice to the department;

8. Copies of well location, driller's logs, sample logs, casing schedule, volume of water, temperature, water quality, cement records, and other information developed or determined for the completed installation shall be sent to the Missouri Department of Natural Resources, Water Pollution Control Program and to the Missouri Department of Natural Resources, Division of Geology and Land Survey;

9. Measure and record maximum and average injection/withdrawal volumes and pressures semi-monthly;

10. Measure and record total dissolved solids semi-monthly for each injection/production well and each monitoring well;

11. Submit a quarterly report to the agencies listed in paragraph (4)(A)8. which contains the following information:

12. Information on compliance and non compliance shall be submitted by the permittee as follows:

1. Demonstrate the absence of significant leaks utilizing at least one (1) of the following procedures: a pressure test with liquid or gas; monitoring of annulus pressure in wells injecting at a positive pressure following an initial pressure test; or any other test(s) that the state geologist considers effective.

2. Demonstrate the absence of significant migration of fluids in channels adjacent to the well bore utilizing at least two (2) of the following procedures: noise logs, temperature surveys, cement records demonstrating the presence of adequate cement to prevent migration (used only if the nature of casing precludes the use of noise logs or temperature surveys); or any other test(s) approved by Environmental Protection Agency (EPA) and that the state geologist considers effective.

3. Demonstrate mechanical integrity before operations may begin by submitting documentation of successful demonstrations of mechanical integrity, or by allowing department personnel to witness the demonstrations. Scheduling of witnessed demonstrations of mechanical integrity may be at the reasonable convenience of the applicant. Nothing in this rule will prevent the director from rescheduling a test at a reasonable time convenient to the applicant when necessary to allow department personnel to witness the test(s).

1. Monitoring of the nature of injected fluids with sufficient frequency to yield representative data on its characteristics. Whenever the injection fluid is modified to the extent that the analysis completed in accordance with paragraph (2)(A)19. is incorrect or incomplete, a new analysis in accordance with paragraph (2)(A)19. shall be provided to the director;

2. Monitoring of injection pressure and either flow rate or volume semi-monthly, or metering and daily recording of injected and produced fluid volumes as appropriate;

3. Monitoring of the fluid level in the injection zone semi- monthly where appropriate and monitoring of the parameters chosen to measure water quality in the monitoring wells in accordance with paragraph (4)(D)1. semimonthly; and

4. Quarterly monitoring of wells in accordance with by paragraph (4)(E)1.

1. Quarterly reporting to the director on required monitoring;

2. Results of mechanical integrity tests and any other periodic test required by the department reported with the first regular quarterly report after the completion of the test; and

3. Monitoring may be reported on a project or field basis rather than individual well basis where manifold monitoring is used.

1. Where the terms and conditions of the permit do not comply with applicable guidelines or requirements of the Clean Water Law and corresponding regulations or relevant federal laws.

2. Where the permit conditions do not ensure compliance with the applicable water quality requirements of any other affected states.

3. For the discharge of any pollutant not necessary to the extraction process, except thermal discharges; those produced pollutants contained in the formation water may be reinjected into a formation of the same TDS concentration.

4. For the discharge of any radiological, chemical, or biological warfare agent or radioactive waste.

5. For the construction or operation of a new injection/production well which would degrade the usefulness of water withdrawn from earlier permitted wells.

6. For a well utilizing annular injection or production.

1. The permittee has submitted notice of completion of construction to the director and-

1. Wells are cased and cemented to prevent the migration of fluids into or between USDWs or potential sources of drinking water;

2. The casing and cement used in construction of each newly drilled well is designed for the life of the well;

3. Consider the following factors when determining and specifying casing and cementing requirements:

1. The balance method;

2. The dump method;

3. The two (2)-plug method; or

4. An alternative method approved by the director which will reliably provide a comparable level of protection.