Current through September 24, 2024
This rule sets forth Criteria and Standards to
regulate all injection systems not regulated as Class I through IV.
(1) The following are prohibited:
(a) The use of any well to dispose of water
carrying human waste, household or business waste, raw sewage or the effluent
from any septic tank or other sewer system of any kind, unless such well is a
subsurface fluid distribution system (SFDS) which is part of a Subsurface
Sewage Disposal System (SSDS) permitted under the provisions of T.C.A.
§§
68-221-401 et seq. or a drip
disposal system permitted pursuant to T.C.A. §§
69-3-108 et seq.
(b) The use of any Class V injection well in
such a manner as to cause any USDW to contain any substances, that are toxic,
carcinogenic, mutagenic, or teratogenic, other than those of natural origin, at
levels and conditions which violate primary drinking water standards as given
in Chapter 0400-45-01 or adversely affect the health of persons.
(c) Large capacity cesspools; and
(d) Cesspools, other than large capacity
cesspools, not authorized under T.C.A. 68-221-401 et seq.
(e) Motor Vehicle Waste Disposal Wells
(MVWDWs) are prohibited and must be properly closed and abandoned.
(2) Construction and operation of
a Class V well is authorized by virtue of this rule provided:
(a) the use of any Class V injection well
does not present a hazard to any existing or future use of a USDW,
(b) The owner or operator shall within six
(6) months after the promulgation of this rule supply a list of all wells owned
or operated along with the following information for each well to include the
following:
1. facility name and location,
including a plot plan showing location of well(s);
2. name and address of legal
contact;
3. ownership of
facility;
4. nature and type of
injection wells, including installed dimensions of wells and construction
materials;
5. operating status of
injection wells, including history of injection;
6. volume of injected fluid; .
7. nature of injected fluid to include
physical, chemical, biological or radiological characteristics; and
8. description of injection well, including
monitoring well(s); and
9. other
information as required by the Commissioner.
(c) The plans for the construction of any
new, or modification of any existing Class V injection well which have been
approved by the Commissioner.
(d)
Injectate fluid from commercial or industrial processes shall not be co-mingled
with any sanitary waste or septic system effluent in any subsurface fluid
distribution system, unless it can be demonstrated to the Commissioner's
satisfaction that a beneficial reaction will occur between the waste streams
which will enhance the degradation of either or both waste streams.
(e) The injection well will not adversely
impact a wellhead protection area designated by Rule 1200-05-01-.34 promulgated
under T.C.A. §§ 68-13-701 et seq., the Tennessee Safe Drinking Water
Act. Motor vehicle waste disposal wells are prohibited in wellhead protection
areas. All other motor vehicle waste disposal wells must meet the effluent
standards set forth in paragraph (1) of Rule 0400-45-06-.05 at the point of
injection.
(f) Prohibition of
injection
An owner or operator of a well which is authorized by rule
pursuant to this paragraph is prohibited from injecting into the well:
1. Upon the effective date of an applicable
permit denial;
2. Upon failure to
submit a permit application in a timely manner;
3. Upon failure to submit inventory
information in a timely manner; or
4. Upon failure to comply with a request for
information in a timely manner.
(3) The owner of a Class V well shall be
responsible for notifying the Commissioner of change in ownership.
(4) No authorization by permit or rule shall
be allowed where a Class V well causes or allows a violation of the provisions
of paragraph (1) of this rule or pollution of any ground or surface
water.
(5) If at any time the
Commissioner learns that an existing Class V system may cause a violation of
these regulations, the Commissioner shall:
(a)
require the injector to apply for an individual permit;
(b) order the injector to take such actions
including, where required, closure of the injection well as may be necessary to
prevent the violation; or
(c) take
enforcement action.
(6)
Notwithstanding any other provision of this rule, the Commissioner may take
emergency action upon receipt of information that a contaminant from a Class V
injection system is likely to enter a public water system and present an
imminent and substantial endangerment to the health of persons.
(7) Construction Standards for Class V Wells
(a) The variety of Class V well and their
uses dictate a variety of construction designs consistent with those uses, and
precludes specific construction standards. However, a well must be designed and
constructed for its intended use, in accordance with good engineering
practices, and the design and construction must be approved by the
Commissioner.
(b) Class V wells
shall be constructed so that their intended use does not violate the water
quality standards.
(8)
Operating Requirements for Class V Wells
(a)
All Class V injection wells shall be operated in such a manner that they do not
violate the provisions of paragraph (1) of this rule.
(b) Use of a pretreatment system may be
necessary to insure that the water discharged meets the applicable water
quality standards.
(c) Initial
and/or periodic testing may be required for Class V injection wells.
(d) Upon completion of the well, the owner or
operator must certify to the Commissioner that the well has been completed in
accordance with the approved construction plan, and must submit any other
additional information required.
(e) After the effective date of this rule,
the operator, if not the property owner, for all Class V injection wells shall
have access to the "point of injection" for the Class V wells. This is to be
maintained by easement or deed restrictions on all injection points.
(9) Monitoring Requirements for
Class V Injection Systems
(a) The Commissioner
may require monitoring of Class V injection wells; the nature of which will be
determined by the type of well, nature of the injected fluid, and water quality
of the receiving aquifer.
(b) The
Commissioner shall determine the extent and frequency of monitoring based on
the type of injection well and the nature of the injected fluid.
(10) Reporting Requirements for
Class V Wells will be determined by the type of injection well and nature of
injected fluid.
(a) All municipalities and
other governmental entities with storm water injection wells under their
control either by ownership or easement shall submit an annual report
describing the location and status of each injection well and any other
information the Commissioner determines to be necessary. Such reports shall
include a locational map.
(11) Plugging and Abandonment Standard
(a) The Commissioner will order that a Class
V injection well be plugged and abandoned when the use of the system is
determined to be a hazard to the ground water resource.
(b) Prior to abandoning a Class V injection
well, the well shall be plugged with cement in a manner which will not allow
movement of fluids between USDWs. The proposed plugging method and type of
cement shall be approved by the Commissioner. Placement of the cement plug
shall be accomplished by any recognized method which is acceptable to the
Commissioner.
(c) The owner or
operator shall notify the Commissioner of his intention to abandon the system
when a Class V injection well is no longer used or is usable for its intended
purpose.
(d) The owner of any Class
V injection well shall apply for a Plugging and Abandonment Permit when the
well is no longer used or usable for its intended purpose or any other purpose
approved by the Commissioner. The application shall include justification for
abandonment, the approved plugging and abandonment plan and any proposed
modification to the original plugging plan as approved by the
Commissioner.
(e) Closure does not
mean that the owner or operator will need to cease operations at the facility,
only that the owner or operator will need to close the well. A number of
alternatives are available for the disposal of waste fluids. Examples of
alternatives that may be available to motor vehicle stations include: recycling
and reusing wastewater as much as possible; collecting and recycling
petroleum-based fluids, coolants, and battery acids drained from vehicles;
washing parts in a self-contained, recirculating solvent sink, with spent
solvents being recovered and replaced by the supplier; using absorbents to
clean up minor leaks and spills, and placing the used materials in approved
waste containers and disposing of them properly; using a wet vacuum or mop to
pick up accumulated rain or snow melt, and, if allowed, connecting floor drains
to a municipal sewer system or holding tank, and, if allowed, disposing of the
holding tank contents through a publicly owned treatment works ("POTW"). The
owner/operator should check with the POTW to see if the POTW would accept the
wastes. Alternatives that may be available to owners and operators of a
large-capacity cesspool include: conversion to a septic system; connection to
sewer; and installation of an on-site treatment unit.
(12) Prohibition of fluid movement.
(a) Injection activity prohibitions
1. No injection activity can allow the
movement of fluid containing any contaminant into USDWs, if the presence of
that contaminant may cause a violation of any primary drinking water standard,
or other health based standards, or may otherwise adversely affect the health
of persons. This prohibition applies to well construction, operation,
maintenance, conversion, plugging, closure or any other injection
activity.
2. If the Commissioner
learns that an injection activity may endanger USDWs, the Commissioner may
require the closure of the well a permit or permit modification, or other
appropriate action.
(b)
Closure requirements
The owner/operator must close the well in a manner
that complies with the prohibition of fluid movement in subparagraph (a) of
this paragraph. Also, the owner/operator must dispose or otherwise manage any
soil, gravel, sludge, liquids, or other materials removed from or adjacent to
the well in accordance with all applicable Federal, State and local regulations
and requirements.
(13) Authorization by Rule Requirements
All Class V UIC well authorizations by rule shall comply with this rule
and all 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., contain a
description of the injection zone being authorized, and contain any necessary
corrective action as stated under paragraph (5) of Rule 0400-45-06-.09. The
authorization 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 following conditions, subparagraphs (a) through (n) of this paragraph,
apply to all Class V UIC authorizations. All conditions applicable to all
authorizations shall be incorporated into the authorizations either expressly
or by reference. If incorporated by reference, a specific citation to these
regulations must be given in the authorizations.
(a) An applicant must comply with all
conditions of this authorization and all applicable laws and regulations. Any
authorization noncompliance constitutes a violation of the Tennessee Water
Quality Control Act and is grounds for enforcement action; for authorization
termination, revocation and reissuance, or modification; or for denial of an
authorization renewal application.
(b) If the applicant wishes to continue an
activity regulated by this authorization after the expiration date of this
authorization, the applicant must apply for and obtain a new authorization
prior to expiration of this authorization.
(c) It shall not be a defense for an owner or
operator in an enforcement action that it would have been necessary to halt or
reduce the authorized activity in order to maintain compliance with the
conditions of this rule.
(d) The
owner or operator shall take all reasonable steps to minimize or correct any
adverse impact on the environment resulting from non-compliance with this
rule.
(e) The owner or operator
shall at all times properly operate and maintain all facilities and systems of
related appurtenances which are installed or used by the applicant to achieve
compliance with the conditions of this rule and authorization. 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 this rule.
(f) The authorization may be modified,
revoked and reissued, or terminated for cause. The filing of a request by the
owner or operator for a modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance,
does not stay any authorization condition.
(g) This rule and the authorizations issued
under it do not convey any property rights of any sort, or any exclusive
privilege.
(h) The owner or
operator 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 the authorization,
or to determine compliance with this rule. The applicant shall also furnish to
the Commissioner, upon request, copies of records required to be kept by this
rule or the authorization.
(i) The
owner or operator shall allow the Commissioner, or an authorized representative
of the Commissioner, upon the presentation of credentials to:
1. Enter upon the owner or operator's
premises where a regulated facility or activity is located or conducted, or
where records must be kept under the conditions of this rule or the
authorization;
2. Have access to
and copy, at reasonable times, any records that must be kept under the
conditions of this rule or the authorization;
3. Inspect at reasonable times any facility,
equipment (including monitoring and control equipment), practices, or
operations regulated or required under this rule or the authorization;
and
4. Sample or monitor at
reasonable times, for the purposes or assuring compliance or as otherwise
authorized by the Tennessee Water Quality Control Act or these rules, 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
owner or operator shall monitor injection fluids, injection operations, and
local ground water supplies, in accordance with the requirements for the
applicable class of well stated in this rule.
2. The owner or operator 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 authorization, and records of all data
used to complete the application for the authorization under this rule, 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 Commissioner 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
owner or operator 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 owner or operator shall give advance notice to the Commissioner of
any planned changes in the permitted facility or activity which may result in
noncompliance with authorization requirements.
3. Transfers
See paragraphs (6), (7),
(8) and (9) of Rule 0400-45-06-.08.
4. Monitoring reports
Monitoring
results shall be reported at the intervals specified elsewhere in this rule or
the authorization.
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 owner or operator 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 owner or operator becomes aware of the
circumstances. A written submission shall also be provided within 72 hours of
the time the owner or operator 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 owner or
operator 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 owner or operator becomes aware that the owner or
operator has 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, the owner or operator 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 owner or operator 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 this rule and the authorization; or
(ii) The owner or operator 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 owner or operator may commence injection. The Commissioner shall include in
his notice a reasonable time period in which he shall inspect the
well.
(n) The
owner or operator shall notify the Commissioner at such times as this rule or
the authorization requires before conversion or abandonment of the well, or in
the case of area permits, before closure of the project.
(o) A Class V authorization 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 applicant'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
authorization.
Authority:
T.C.A. §§
69-3-101 et seq. and 4-5-201 et
seq.
