For any subsurface discharge excepting a special process
discharge.
(a) The permittee is
required to conduct the operation in accordance with statements,
representations and procedures presented in the complete permit application and
supporting documents, as accepted and approved by the Administrator.
(b) The subsurface discharge authorized by
permit shall be consistent with the conditions and content of the permit; any
modifications that will result in a violation of permit conditions shall be
reported by submission of a new or amended permit application and shall not be
implemented until a new or modified permit has been issued.
(c) After notice and opportunity for a
hearing, a permit may be modified, suspended or revoked in whole or part during
its term for cause that includes, but is not limited to, any of the following:
(i) Violation of the permit;
(ii) Obtaining a permit by misrepresentation
or failure to fully disclose all relevant facts;
(iii) A change in any condition that
indicates failure of the discharge well or system.
(d) A permit may be modified in whole or part
in order to apply more, or less, stringent standards; or prohibitions for a
toxic or other substance present in the permittee's discharge, as may be
ordered by the Council.
(e) All
issued permits shall contain the following:
(i) Authorization for the Director or his
representative, upon presentation of his credentials and during normal working
hours, to enter the permittee's premises, inspect the discharge and related
facilities, review and copy reports and records required by the permit, collect
fluid samples for analyses, measure and record water levels and perform any
other function authorized by law or regulation.
(ii) Authorization for the permittee to
discharge into an identified receiver during a subsurface discharge
operation.
(iii) A requirement that
each discharge well and associated discharge facilities have mechanical
integrity, determined by methods or procedures approved by the Administrator
that demonstrate the unimpaired condition of the facility or the absence of
leaks in casing and tubing, and mechanical integrity of all wells and systems
be maintained continuously. An approved method or procedure shall reflect the
current state of the art in the monitoring of mechanical integrity, in an
economically viable manner.
(iv) A
requirement that the operation of any well or system that does not have
mechanical integrity, or is in disrepair, be discontinued until mechanical
integrity has been restored.
(v) A
requirement that immediately following the permanent cessation of subsurface
discharge or related activity, or where a well is not completed, the applicant
shall notify the Director and follow the procedures prescribed by the Director
for plugging and abandonment or discontinuance of related activities.
(vi) A requirement that the discharge or
injection pressure be controlled to prevent fracturing of the confining strata
above and below the discharge zone.
(vii) A requirement that the discharge or
injection pressure, and annulus pressure, of a pressure-operated discharge well
be monitored on a continuous basis.
(viii) A requirement that water quality of
any groundwater in the area of review be monitored at regular
intervals.
(ix) Provisions for such
measures as the Director finds necessary to ensure the availability of adequate
financial resources for dealing with discharge wells or systems that either are
improperly abandoned or may otherwise cause pollution and contamination of
groundwater sources, and with incomplete or inadequate groundwater pollution
reduction or elimination.
