Current through September 24, 2024
For Injection Wells Not Authorized By
Rule.
(1) Permit Application
All
permit applicants for injection wells not authorized by rule shall provide the
following information to the Commissioner, using a form provided by the
Commissioner:
(a) The activities
conducted by the applicant which require it to obtain a UIC permit.
(b) Name, mailing address, and location of
the facility for which the application is submitted.
(c) Up to four North American Industry
Classification System (NAICS) codes which best reflect the principal products
or services provided by the facility.
(d) The operator's name, address, telephone
number, ownership status, and status as Federal, State, private, public, or
other entity.
(e) Whether the
facility is located on Indian lands.
(f) A listing of all permits or construction
approvals received or applied for under any of the following programs:
1. Hazardous Waste Management program under
federal or state law.
2. UIC
program under federal or state law.
3. NPDES program under federal or state
law.
4. Prevention of Significant
Deterioration (PSD) program under federal or state law.
5. Nonattainment program under federal or
state law.
6. National Emission
Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under
federal or state law.
7. Ocean
dumping permits under the Marine Protection Research and Sanctuaries
Act.
8. Dredge and fill permits
under section 404 of the Clean Water Act, 33 U.S.C. Section 1344.
9. Other relevant environmental
permits.
(g) A
topographic map (or other map if a topographic map is unavailable) extending
one mile beyond the property boundaries of the source depicting the facility
and each of its intake and discharge structures; each of its hazardous waste
treatment, storage, or disposal facilities; each well where fluids from the
facility are injected underground; and those wells, springs, surface water
bodies, and drinking water wells listed in public records or otherwise known to
the applicant within a quarter mile of the facility property
boundary.
(h) A brief description
of the nature of the business.
(2) A permit application will be processed
when:
(a) A completed application form, all
information required by these rules and any supplemental information, as may be
required, is submitted to the Commissioner. The application shall identify (by
narrative description, illustrations, maps, or other suitable means) and
describe by geographic or geometric terms (including lateral and vertical
limits and gradients) the area intended to be used as an injection
zone.
(b) The feasibility
requirements that apply to the proposed injection well have been
satisfied.
(3) Duration
of permits
(a) Permits for Class I and V wells
and authorizations for Class V wells shall be effective for a fixed term not to
exceed five (5) years. Permits for Class II and III wells may be issued for a
period up to the operating life of the facility. Each Class II or III well
permit shall be reviewed at least once every five (5) years to determine
whether it should be modified, revoked and reissued, or revoked as provided in
paragraphs (7) and (8) of this rule.
(b) Except as provided by the Uniform
Administrative Procedures Act, T.C.A. §§
4-5-101 et seq., the term of a
permit shall not be extended by modification beyond the maximum duration
specified in this rule.
(c) The
Commissioner may issue any permit for a duration that is less than the full
allowable term under this rule.
(4) Schedules of compliance
(a) The permit may when appropriate specify a
schedule of compliance.
(b) Time
for compliance
Any schedule of compliance shall require compliance as
soon as possible but in no case later than three (3) years after the effective
date of the permit.
(c)
Interim dates
Except as provided in this subparagraph, if a permit
establishes a schedule of compliance which exceeds one (1) year from the date
of permit issuance, the schedule shall set forth interim requirements and the
dates for their achievements.
1. The
time between interim dates shall not exceed one (1) year.
2. If the time necessary for completion of
any interim requirement (such as the construction of a control facility) is
more than one (1) year and is not readily divisible into stages for completion,
the permit shall specify interim dates for the submission of reports of
progress toward completion of the interim requirements and indicate a projected
completion date.
(d)
Reporting
Progress reports shall be submitted no later than thirty (30)
days following each interim date and the final date of compliance.
(5) Effect of a permit
(a) A permit may be revoked, suspended or
modified during its term for cause, under T.C.A. §
69-3-108(f).
(b) The issuance of a permit does not convey
any property rights of any sort, or any exclusive privilege.
(c) The issuance of a permit does not
authorize any injury to persons or property or invasion of other property
rights, or any infringement of other State, Federal or local laws or
regulations. In particular, the issuance of a permit does not relieve a Class
I, Class IV or Class V permittee from any applicable requirement he may be
subject to under the Tennessee Hazardous Waste Management Act (T.C.A.
§§
68-212-101 et seq.)
(6) Transfer of permits
A
permit may be transferred by the permittee to a new owner or operator as a
minor modification if the permit has been modified or revoked and
reissued.
(7) Public notice
of permit actions and public comment period.
(a) Scope
The Commissioner shall give
public notice that the following actions have occurred:
1. A draft permit has been prepared. A draft
permit shall contain:
(i) All permit
conditions
(ii) All compliance
schedules for corrective action; and
(iii) All monitoring requirements
(b) Upon request, the
Commissioner shall send to the requestor copies of the foregoing
documents.
(c) Timing
1. Public notice of the preparation of a
draft permit shall allow at least thirty (30) days for public
comment.
2. Public notice of a
public hearing shall be given at least thirty (30) days before the hearing.
(Public notice of the hearing may be given at the same time as public notice of
the draft permit and the two notices may be combined.)
(d) Methods
Public notices of permit
actions shall be given by the following methods: .
1. By mailing a copy of a notice to the
following persons (any person otherwise entitled to receive notice under this
paragraph may waive his or her rights to receive notice for any classes and
categories of permits):
(i) the
applicant;
(ii) any other agency
which the Commissioner knows has issued or is required to issue a RCRA, PSD,
NPDES or 404 permit for the same facility or activity;
(iii) federal, state and local agencies with
jurisdiction over fish, shellfish, and wildlife resources; the Advisory Council
on Historic Preservation, state historic preservation officers, and other
appropriate government authorities, including any affected States;
(iv) persons on a mailing list developed by:
(I) notifying the public of the opportunity
to be put on the mailing list through periodic publication in the public press
and in other publications such as regional and state funded newsletters,
environmental bulletins, or State law journals; and
(II) including those who request in writing
to be on the list. (The Commissioner may update the mailing list from time to
time by requesting written indication of continued interest from those listed.
The Commissioner may delete from the list the name of any person who fails to
respond to such a request.)
2. By publication of a notice in a daily or
weekly newspaper within the area to be affected by the facility or
activity;
3. Any other method
reasonably calculated to give actual notice of the action in question to the
persons potentially affected by it, including press releases or any other forum
or medium to elicit public participation.
(e) Contents
All public notices of
permit actions shall contain the following minimum information:
1. Name and address of the Commissioner
office processing the permit action for which notice is being given;
2. Name and address of the permittee or
permit applicant and, if different, of the facility or activity regulated by
the permit;
3. A brief description
of the business conducted at the facility or activity described in the permit
application;
4. A description of
the type and quantity of wastes, fluids, or pollutants which are proposed to be
injected;
5. A brief summary of the
basis for the permit conditions;
6.
Reasons why any requested variances do or do not appear justified; .
7. Name, address, and telephone number of a
person from whom interested persons may obtain further information including
copies of the draft permit, fact sheet when prepared, and the
application;
8. A brief description
of the applicable comment procedures including, the beginning and ending dates
of the comment period, procedures for requesting a hearing, and any other
procedures by which the public may participate in the final decision;
9. Reference to the date of previous public
notices relating to the permit;
10.
Date, time, and place of the hearing;
11. A brief description of the nature and
purpose of the hearing including the applicable rules and procedures;
and
12. Any additional information
considered necessary or proper.
(f) Public comments and requests for public
hearings
During the public comment period, any interested person may
submit written comments on the permit application or draft permit and may
request a public hearing. A request for a public hearing shall be in writing
and shall state the nature of the issues proposed to be raised.
(g) Public hearings
The
Commissioner shall hold a public hearing whenever, as evidenced by requests,
there is public interest in a draft permit. A public hearing may also be held
at the Commissioner's discretion to clarify issues in the permit.
(h) Consideration of comments and
response
1. All comments submitted during the
public comment period and all hearing testimony shall be considered in making
the final decision.
2. If a
decision is reached to issue a final permit, the Commissioner shall respond to
comments when the permit is issued. This response shall:
(i) Be made available to the
public;
(ii) Specify which
provisions, if any, of the draft permit have been changed in the final permit,
and the reasons for the change; and
(iii) Briefly describe and respond to all
significant comments on the draft permit raised during the public comment
period, or during any hearing.
(i) Notice of final permit decision
1. After the close of the comment period, the
Commissioner shall notify the applicant and each person who has submitted
written comments, or requested notice, of the final permit decision. This
notice shall contain reference to the procedures for appealing a permit
decision.
2. A final permit
decision shall become effective thirty (30) days after service of notice on the
applicant of the final permit decision, unless a later date is specified in the
notice, or a petition is filed pursuant to subparagraph (j) or (k) of this
paragraph.
(j) Within
thirty (30) days of receipt of notice of a final permit decision, or prior to
any later date specified in the notice, any person other than the applicant who
has filed comments on that permit, or its drafts, may petition the Board for a
hearing on the permit or any condition of the permit. The petition shall
include a statement of all of the permit conditions which are challenged and
the reasons supporting the challenge. This hearing shall be legislative in
nature and shall not be a contested case within the meaning of T.C.A. §
4-5-102 of the Uniform
Administrative Procedures Act. The Board shall make a recommendation on
issuance or denial of the permit or permit conditions to the Commissioner that
shall become final and effective in thirty (30) days if the Commissioner takes
no action.
(k) Within thirty (30)
days of receipt of notice of a final permit decision, the permit applicant may
file a petition with the Board for a contested case hearing pursuant to T.C.A.
§§
69-3-105 and
4-5-301 et seq.
(8) Modification or revocation and
reissuance of permits
When the Commissioner determines that one or more
causes exist for modification or revocation and reissuance of a permit, the
Commissioner may modify or revoke and reissue the permit accordingly, subject
to the limitations of subparagraph (c) of this paragraph, and may request an
updated application if necessary. When a permit is modified, only the
conditions subject to modification are reopened. If a permit is revoked and
reissued, the entire permit is reopened and subject to revision and the permit
is reissued for a new term. If a permit modification satisfies the criteria for
minor modifications, the permit may be modified without a draft permit or
public review. Otherwise, a draft permit must be prepared and public review
procedures as set out herein must be followed.
(a) Causes for modification
The
following are causes for modification and may be causes for revocation and
reissuances.
1. Alterations
There are material and substantial alterations or additions to the
permitted facility or activity which occurred after permit issuance which
justify the application of permit conditions that are different or absent in
the existing permit.
2.
Information
The Commissioner has received information that was not
available at the time of permit issuance (other than revised regulations,
guidance, or test methods) and would have justified the application of
different permit conditions at the time of issuance. This cause shall include
any information indicating that cumulative effects on the environment are
unacceptable.
3. New
regulations
The standard or regulations on which the permit was based
have been changed by promulgation of amended standards or regulations or by
judicial decision after the permit was issued. Permits other than for Class II
or III wells may be modified during their terms for this cause, only as
follows: .
(i) For promulgation of
amended standards or regulations, when:
(I)
The permit condition requested to be modified was based on a Departmental
regulation;
(II) The Commissioner
has revised withdrawn, or modified that portion of the regulation on which the
permit condition was based; and
(III) A permittee requests modification
within thirty (30) days after public notice of the action on which the request
is based.
(ii) For
judicial decisions, a court of competent jurisdiction has remanded and stayed
Department promulgated regulations if the remand and stay concern that portion
of the regulations on which the permit condition was based and a request is
filed by the permittee in accordance with these regulations within thirty (30)
days of judicial remand.
4. Compliance schedules
The
Commissioner determines good cause exists for modification of a compliance
schedule, such as an act of God, strike, flood, or materials shortage or other
events over which the permittee has little or no control and for which there is
no reasonably available remedy.
(b) Causes for modification or revocation and
reissuance
The following are causes to modify or, alternatively, revoke
and reissue a permit:
1. Cause exists
for revocation and the Commissioner determines that modification or revocation
and reissuance is appropriate; and
2. The Commissioner has received notification
of a proposed transfer of the permit.
(c) Facility siting
Suitability of the
Facility location 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.
(9) Revocation of permits or denial of
renewal application
(a) The Commissioner may
revoke a permit during term, or deny a permit renewal application for the
following causes:
1. Noncompliance by the
permittee with any condition 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;
or
3. A determination that the
permitted activity endangers human health or the environment and can only be
regulated to acceptable levels by permit modification or revocation.
(b) Notice of intent to revoke and
reissue, or terminate. If the Commissioner tentatively decides to revoke and
reissue a permit, a notice of intent to revoke and reissue, or notice of intent
to terminate shall be issued.
(10) Minor Modifications
Upon the
consent of the permittee, the Commissioner may modify a permit to make the
corrections or allowances for changes in the permitted activity listed in this
paragraph without following the entire permitting procedure. Minor
modifications may only:
(a) Correct
typographical errors;
(b) Require
more frequent monitoring or reporting by the permittee;
(c) Change an interim compliance date in a
schedule of compliance, provided the new date is not more than 120 days after
the date specified in the existing permit and does not interfere with
attainment of the final compliance date requirement;
(d) Change quantities or types of fluids
injected which are injected within the capacity of the facility as permitted
and, in the judgment of the Commissioner would not interfere with the operation
of the facility or its ability to meet conditions described in the permit and
would not change its classification;
(e) Change a construction requirement
approved by the Commissioner, provided that any such alteration shall comply
with all requirements of this rule;
(f) Amend a plugging and abandonment plan;
or
(g) Allow for a change in
ownership or operational control of a facility where the Commissioner
determines that no other change in the permit is necessary, provided that a
written agreement containing a specific date for transfer of permit
responsibility, coverage, and liability between the current and new permittees
has been submitted to the commissioner.
(11) Confidentiality of information
The
handling of confidential information shall be governed by T.C.A. §
69-3-113.
(12) Signatories to applications and reports
(a) Applications
All permit
applications, shall be signed as follows:
1. For a corporation: by a responsible
corporate officer. For the purpose of this part, a responsible corporate
officer means:
(i) A president, secretary,
treasurer, or vice-president of the corporation in charge of a principal
business function or any other person who performs similar policy or decision
making functions for the corporation, or
(ii) The manager of one or more
manufacturing, production or operation facilities employing more than 250
persons or having gross annual sales or expenditures exceeding 25 million
dollars (in second quarter 1980 dollars), if authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
(Note: The Commissioner does not require specific assignments
or delegations of authority to responsible corporate officers identified in
this part. The Commissioner will presume that these responsible corporate
officers have the requisite authority to sign permit applications unless the
corporation has notified the Commissioner to the contrary. Corporate procedures
governing authority to sign permit applications may provide for assignment or
delegation to applicable corporate positions under subpart (ii) of this part
rather than the specific individuals.)
2. For a partnership or sole proprietorship:
by a general partner or the proprietor, respectively; or
3. For a municipality, State, Federal, or
other public agency: by either a principal executive officer or ranking elected
official.
(b) Reports
All reports required by permits, and other information requested by the
Commissioner, shall be signed by a person described in subparagraph (a) of this
paragraph or by a duly authorized representative of that person. A person is a
duly authorized representative only if:
1. The authorization is made in writing by a
person described in subparagraph (a) of this paragraph;
2. The authorization specifies either an
individual or a position having responsibility for the overall operation of the
regulated facility or activity, such as the position of plant manager, operator
of a well or well field, superintendent, or position of equivalent
responsibility (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
3. The written authorization is submitted to
the Commissioner.
(c)
Changes to authorization
If an authorization under subparagraph (b) of
this paragraph is no longer accurate because a different individual or position
has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of subparagraph (b) of this paragraph
must be submitted to the Commissioner prior to or at the time any reports,
information, or applications signed by an authorized representative are
submitted.
(d)
Certification
Any person signing a document under this paragraph shall
make the following certification.
"I certify under penalty of law
that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am
aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing
violations."
(13) Permit Requirements
All UIC
permits shall contain permit conditions established by the Commissioner as
necessary to fulfill the purposes of the Tennessee Water Quality Control Act,
T.C.A. §§
69-3-101 et seq., a description of
the injection zone being permitted, and any necessary corrective action as
stated under paragraph (5) of Rule 0400-45-06-.09. The permit conditions shall
be set at levels to prevent adverse effects to persons utilizing the ground
water resource after consideration of at least the following factors: any
guidelines set for certain pollutants by U.S.E.P.A., the flow characteristics
of ground water, risk to humans and the risk of migration. The requirements of
subparagraphs (a) through (n) of this paragraph apply to all UIC permits. All
conditions applicable to all permits shall be incorporated into the permits
either expressly or by reference. If incorporated by reference, a specific
citation to these regulations must be given in the permit.
(a) The permittee must comply with all
conditions of this permit and all applicable laws and regulations. Any permit
noncompliance constitutes a violation of the Tennessee Water Quality Control
Act and is grounds for enforcement action; for permit termination, revocation
and reissuance, or modification; or for denial of a permit renewal
application.
(b) If the permittee
wishes to continue an activity regulated by this permit after the expiration
date of this permit, the permittee must apply for and obtain a new permit prior
to expiration of this permit.
(c)
It shall not be a defense for a permittee in an enforcement action that it
would have been necessary to halt or reduce the permitted activity in order to
maintain compliance with the conditions of this permit.
(d) The permittee shall take all reasonable
steps to minimize or correct any adverse impact on the environment resulting
from non-compliance with this permit.
(e) The permittee shall at all times properly
operate and maintain all facilities and systems of related appurtenances) which
are installed or used by the permittee to achieve compliance with the
conditions of this permit. Proper operation and maintenance includes effective
performance, adequate funding, adequate operator staffing and training, and
adequate laboratory and process controls, including appropriate quality
assurance procedures. This provision requires the operation of back-up or
auxiliary facilities or similar systems only when necessary to achieve
compliance with the conditions of the permit.
(f) This permit may be modified, revoked and
reissued, or terminated for cause. The filing of a request by the permittee for
a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance, does not stay any
permit condition.
(g) This permit
does not convey any property rights of any sort, or any exclusive
privilege.
(h) The permittee shall
furnish to the Commissioner, within a time specified, any information which the
Commissioner may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating this permit, or to determine compliance
with this permit. The permittee shall also furnish to the Commissioner, upon
request, copies of records required to be kept by this permit.
(i) The permittee shall allow the
Commissioner, or an authorized representative of the Commissioner, upon the
presentation of credentials to: .
1. Enter
upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this
permit;
2. Have access to and copy,
at reasonable times, any records that must be kept under the conditions of this
permit;
3. Inspect at reasonable
times any facility, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this permit; and
4. Sample or monitor at reasonable times, for
the purposes or assuring permit compliance or as otherwise authorized by the
Tennessee Water Quality Control Act, any substances or parameters at any
location.
(j) Monitoring
and records
1. Samples and measurements taken
for the purpose of monitoring shall be representative of the monitored
activity. The permittee shall monitor injection fluids, injection operations,
and local ground water supplies, in accordance with the requirements for the
applicable class of well stated in Rules 0400-45-06-.10 through
0400-45-06-.14.
2. The permittee
shall retain records of all monitoring information, including the following:
(i) Calibration and maintenance records and
all original strip chart recordings for continuous monitoring instrumentation,
copies of all reports required by this permit, and records of all data used to
complete the application for this permit, for a period of at least 3 years from
the date of the sample, measurement, report, or application. This period may be
extended by request of the Commissioner at any time; and
(ii) The nature and composition of all
injected fluids until three years after the completion of any plugging and
abandonment procedures. The Commissioner may require the owner or operator to
deliver the records to the Department at the conclusion of the retention
period.
3. Records of
monitoring information shall include:
(i) The
date, exact place, and time of sampling or measurements;
(ii) The individual(s) who performed the
sampling or measurements;
(iii) The
date(s) analyses were performed;
(iv) The individual(s) who performed the
analyses;
(v) The analytical
techniques or methods used; and
(vi) The results of such analyses.
(k) All applications,
reports, or information submitted to the Commissioner shall be signed and
certified.
(l) Reporting
requirements
1. Planned Changes
The
permittee shall give notice to the Commissioner as soon as possible of any
planned physical alterations or additions to the permitted facility.
2. Anticipated noncompliance
The permittee shall give advance notice to the Commissioner of any
planned changes in the permitted facility or activity which may result in
noncompliance with permit requirements.
3. Transfers
See paragraphs (5), (7),
(8) and (9) of this rule.
4. Monitoring reports
Monitoring
results shall be reported at the intervals specified elsewhere in this
permit.
5. Compliance
schedules
Reports of compliance or noncompliance with, or any progress
reports on, interim and final requirements contained in any compliance schedule
of this permit shall be submitted no later than 30 days following each schedule
date.
6. Twenty-four hour
reporting
The permittee shall report any noncompliance which may endanger
health or the environment, including:
(i) Any monitoring or other information which
indicates that any contaminant may cause an endangerment to USDWs; or
(ii) Any noncompliance with a permit
condition or malfunction of the injection system which may cause fluid
migration into or between USDWs.
Any such information shall be provided
orally within 24 hours from the time the permittee becomes aware of the
circumstances. A written submission shall also be provided within 72 hours of
the time the permittee becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance and its cause, the
period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate and prevent
reoccurrence of the noncompliance.
7. Other noncompliance
The permittee
shall report all instances of noncompliance not reported under parts 1, 4, 5,
and 6 of this subparagraph, at the time monitoring reports are submitted. The
reports shall contain the information listed in part 6 of this
subparagraph.
8. Other
information
Where the permittee becomes aware that it failed to submit
any relevant acts in a permit application, or submitted incorrect information
in a permit application or in any report to the Commissioner, it shall promptly
submit such facts or information.
(m) Requirements prior to commencing
injection
Except for all new wells authorized by an area permit under
Rules 0400-45-06-.11 and 0400-45-06-.12, a new injection well may not commence
injection until construction is complete, and
1. The permittee has submitted notice of
completion of construction to the Commissioner; and
2.
(i) The
Commissioner has inspected or otherwise reviewed the new injection well and
finds it is in compliance with the conditions of the permit; or
(ii) The permittee has not received notice
from the Commissioner of his or her intent to inspect or otherwise review the
new injection well within 13 days of the date of the notice in part 1 of this
subparagraph, in which case prior inspection or review is waived and the
permittee may commence injection. The Commissioner shall include in his notice
a reasonable time period in which he shall inspect the well.
(n) The permittee shall
notify the Commissioner at such times as the permit requires before conversion
or abandonment of the well, or in the case of area permits, before closure of
the project.
(o) The permittee
shall at all times maintain sufficient financial resources to allow for the
proper plugging and abandonment of the well. In the event of a change of
ownership or other transfer of permit, the transferee shall provide proof of
financial responsibility before continued operation.
1. For Class I and III wells, a surety bond
or cash bond shall be filed with the Commissioner prior to permit issuance. At
the Commissioner's discretion, other forms of financial assurance for Class I
wells may be acceptable.
2. Class
II wells shall have a surety bond or cash bond for a total of $4,000 per well.
If there is an existing $2,000 bond with the Tennessee Oil and Gas Board, the
bond under this rule shall be $2,000. If no bond currently exists, the bond
shall be for $4,000.
3. At the
Commissioner's discretion, a bond may be required for Class V wells.
(p) The owner or operator of a
Class I, II or III well permitted under this part shall establish prior to
commencing injection or on a schedule determined by the Commissioner, and
thereafter maintain mechanical integrity for the well. When the Commissioner
determines that a Class I, II, or III well lacks mechanical integrity, the
Commissioner shall give written notice of the determination to the owner or
operator. Unless the Commissioner requires immediate cessation, the owner or
operator shall cease injection into the well within 48 hours of receipt of the
Commissioner's determination. The Commissioner may allow plugging of the well
pursuant to the requirements of this rule or require the permittee to perform
such additional construction, operation, monitoring, reporting and corrective
action as is necessary to prevent the movement of fluid into or between USDWs
caused by the lack of mechanical integrity. The owner or operator may resume
injection upon written notification from the Commissioner that the owner or
operator has demonstrated mechanical integrity pursuant to this rule. The
Commissioner may allow the owner or operator of a well which lacks mechanical
integrity to continue or resume injection, if the owner or operator has made a
satisfactory demonstration that there is no movement of fluid into or between
USDWs.
(q) A Class I, II or III
permit shall include and a Class V permit may include, conditions to insure
that plugging and abandonment of the well will not allow the movement of fluids
into or between USDWs. Where the Commissioner's review of an application
indicates that the permittee's plan is inadequate, the Commissioner may require
the applicant to revise the plan, prescribe conditions meeting the requirements
of this paragraph, or deny the permit.
Authority:
T.C.A. §§
69-3-101 et seq. and 4-5-201 et
seq.
