(d) All permits issued
under this chapter shall contain the following conditions:
(i) A requirement that the permittee comply
with all conditions of the permit, and any permit noncompliance constitutes a
violation of these regulations and is grounds for enforcement action, permit
termination, revocation, or modification.
(ii) A requirement that the injection
pressure shall be limited to the fracture pressure of the receiver, except as
necessary during well stimulation, and, within one (1) year of the issuance of
the permit, the operator shall conduct a step-rate injection test to determine
the actual fracture pressure of the receiver.
(iii) A requirement that if the permittee
wishes to continue injection activity after the expiration of the permit, he
must apply to the administrator for and obtain a new permit.
(iv) A stipulation that 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.
(v) A requirement that the permittee shall
take all reasonable steps to minimize or correct any adverse impact on the
environment resulting from noncompliance with this permit.
(vi) A requirement that the permittee
properly operate and maintain all facilities and systems of treatment and
control which are installed or used by the permittee to achieve compliance with
the conditions of this permit. Proper operation and maintenance includes
mechanical integrity of the well, effective performance, adequate funding and
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.
(vii) A requirement that mechanical integrity
shall be maintained continuously and be reviewed at least every five (5) years.
The test used to determine mechanical integrity shall be a two-part test
approved by the administrator, who shall approve only those tests that have
been approved first by the U.S. Environmental Protection Agency's Office of
Drinking Water.
(A) Part one of the
mechanical integrity test shall demonstrate the absence of leaks through the
packer, tubing, casing, and well head.
(B) Part two of the mechanical integrity test
shall demonstrate the absence of fluid movement behind the casing.
(C) Proposed mechanical integrity tests that
have not yet been approved shall be submitted to the administrator who shall
forward the information to the U.S. Environmental Protection Agency's Office of
Drinking Water along with a request for approval, if, in the administrator's
opinion, it will adequately determine mechanical integrity of the well system.
A previously unauthorized mechanical integrity test submitted for approval
shall include:
(I) The proposed method for
demon strating the lack of significant leaks in the well;
(II) The proposed method for showing the
absence of significant fluid movement; and
(III) Any technical data supporting the use
of this test.
(viii) A Class I well that cannot demonstrate
mechanical integrity shall be shut down until such time as the mechanical
integrity has been restored.
(ix) A
stipulation that the filing of a request by the permittee, or at the
instigation of the administrator, for a permit modification, revocation,
termination, or notification of planned changes or anticipated non-compliance
shall not stay any permit condition.
(x) A stipulation that this permit does not
convey any property rights of any sort, or any exclusive privilege.
(xi) A stipulation that the permittee shall
furnish to the administrator, within a specified time, any information which
the administrator may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the permit, or to determine compliance
with the permit. The permittee shall also furnish to the administrator, upon
request, copies of records required to be kept by the permit.
(xii) A requirement that the permittee shall
allow the administrator, or an authorized representative of the administrator,
upon the presentation of credentials, during normal working hours, to enter the
premises where a regulated facility is located, or where records are kept under
the conditions of this permit, and inspect the discharge and related
facilities, review and copy reports and records required by the permit, collect
fluid samples for analysis, measure and record water levels, and perform any
other function authorized by law or regulation.
(xiii) A requirement that the permittee
furnish any information necessary to establish a monitoring program pursuant to
Section 13 of this chapter.
(xiv) A
requirement that all samples and measurements taken for the purpose of
monitoring shall be representative of the monitored activity, and records of
all monitoring information be retained by the permittee. The monitoring
information to be retained shall be that information stipulated in the
monitoring program established pursuant to the criteria in Section 13 of this
chapter.
(xv) A requirement that
all applications, reports, and other information submitted to the administrator
contain certifications as required in Section 5(c)(14) of this chapter, and be
signed by either a responsible corporate officer or a duly authorized
representative.
(xvi) A requirement
that the permittee give advance notice to the administrator as soon as possible
of any planned physical alteration or additions, other than authorized
operation and maintenance, to the permitted facility and receive authorization
prior to implementing the proposed alteration or addition.
(xvii) A requirement that any modification
which may result in a violation of a permit condition shall be reported to the
administrator, and any modification that will result in a violation of a permit
condition shall be reported to the administrator through the submission of a
new or amended permit application.
(xviii) A requirement that any transfer of a
permit must first be approved by the administrator, and that no transfer will
be approved if the facility is not in compliance with the existing permit
unless the proposed permittee agrees to bring the facility into
compliance.
(xix) A requirement
that monitoring results shall be reported at the intervals specified elsewhere
in this permit.
(xx) A requirement
that reports of compliance or non-compliance with, or any progress reports on,
interim and final requirements contained in any compliance schedule, if one is
required by the administrator, shall be submitted no later than thirty (30)
days following each schedule date.
(xxi) A requirement that confirmed
noncompliance resulting in the migration of injected fluid into any zone
outside of the permitted receiver must be orally reported to the administrator
within twenty-four (24) hours, and a written submission shall be provided
within five (5) days of the time the permittee becomes aware of the excursion.
The written submission shall contain:
(A) A
description of the noncompliance and its cause;
(B) The period of noncompliance, including
exact dates and times, and, if the noncompliance has not been controlled, the
anticipated time it is expected to continue; and
(C) Steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
(xxii) A requirement that the permittee
report all instances of noncompliance not already required to be reported under
paragraphs xix, xx and xxi of this section, at the time monitoring reports are
submitted. The reports shall contain the information listed in paragraph xxi(A)
through (C) of this section.
(xxiii) A requirement that, in the situation
where the permittee becomes aware that it failed to submit any relevant facts
in a permit application, or submitted incorrect information in a permit
application or in any report to the administrator, the permittee shall promptly
submit such facts or information.
(xxiv) A requirement that the injection well
meet construction requirements outlined in Section 11 of this chapter, and that
the permittee submit notice of completion of construction to the administrator
and allow for inspection of the well upon completion of construction, prior to
commencing any injection activity.
(xxv) A requirement that the packer be set
within five-hundred (500) feet of the top of the receiver, unless the
administrator allows some other specific interval to be used to set the packer,
but always within the zone covered by excellent cement bond as shown by the
cement bond log.
(xxvi) A
requirement that the permittee notify the administrator at such times as the
permit requires before conversion or abandonment of the well.
(xxvii) A requirement that a plugging and
abandonment report, detailing the compliance abandonment procedures outlined
the original permit application, or describing any deviations from the original
plan, be submitted as soon as practicable after plugging and
abandonment.
(xxviii) Monitoring
results shall be reported in the annual reports unless otherwise
specified.
(xxix) Injection into a
well may not commence until construction is complete.