La. Admin. Code tit. 43 § XVII-103

Current through Register Vol. 50, No. 11, November 20, 2024

Section XVII-103 - General Provisions

A. Applicability. These rules and regulations apply to all owners and operators of proposed and existing Class I, III, IV, and V injection wells in the state of Louisiana. For Class I wells, these rules shall only apply to nonhazardous waste disposal as described in §103. C.1.b and c. below. Applicable rules for Class I hazardous waste disposal is in Statewide Order No. 29-N-2 (LAC 43:XVII.Chapter 2).

B. Prohibition of Unauthorized Injection. Any underground injection, except as authorized by a permit or rule, is prohibited after the effective date of these regulations. Construction of any well required to have a permit under these regulations is prohibited until the permit has been issued.

C. Classification of Injection Wells

1. Class I

a. Wells used by generators of hazardous wastes or owners or operators of hazardous waste management facilities to inject hazardous waste beneath the lowermost formation containing, within 1/4 mile radius of the well bore, an underground source of drinking water.

b. Other industrial and municipal disposal wells which inject fluids beneath the lowermost formation containing an underground source of drinking water within 1/4 mile radius of the well bore.

c. Radioactive waste disposal wells which inject fluids below the lowermost formation containing an underground source of drinking water within 1/4 mile of the well bore. This classification of radioactive waste disposal wells does not affect the disposal of naturally occurring radioactive material (NORM) in Class II wells as part of oil and gas exploration and production operations. The injection of wastes associated with oil and natural gas exploration and production, including such wastes containing NORM, are regulated under the appropriate Class II regulations.

2. Class II. Wells which inject fluids:

a. which are brought to the surface in connection with conventional oil or natural gas production and may be commingled with waste waters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection;

b. for enhanced recovery of oil and natural gas; and

c. for storage of hydrocarbons which are liquid at standard temperature and pressure.

3. Class III. Wells which inject for extraction of minerals or energy, including:

a. mining of sulfur by the Frasch process;

b. in situ production of uranium or other metals. This category includes only in situ production from ore bodies which have not been conventionally mined. Solution mining of conventional mines such as stopes leaching is included in Class V; and

c. solution mining of salts or potash.

4. Class IV

a. Wells used by generators of hazardous wastes or of radioactive wastes, by owners or operators of hazardous waste management facilities, or by owners or operators of radioactive waste disposal sites to dispose of hazardous wastes or radioactive wastes into a formation which within 1/4 mile of the well contains an underground source of drinking water. This includes the disposal of hazardous waste into what would otherwise be septic systems and cesspools, regardless of their capacity.

b. Wells used by generators of hazardous wastes or of radioactive wastes, by owners or operators of hazardous wastes management facilities, or by owners or operators of radioactive waste disposal sites to dispose of hazardous wastes or radioactive waste above a formation which within 1/4 mile of the well contains an underground source of drinking water. This includes the disposal of hazardous waste into what would otherwise be septic systems and cesspools, regardless of their capacity.

c. Wells used by generators of hazardous wastes or by owners or operators of hazardous waste management facilities, to dispose of hazardous wastes which cannot be classified under §103. C.1.a and b (e.g., wells used to dispose of hazardous wastes into or above a formation which contains an aquifer which has been exempted pursuant to §103. H) This includes the disposal of hazardous waste into what would otherwise be septic systems and cesspools, regardless of their capacity.

5. Class V. Injection wells not included in Class I, II, III, or IV. Typically, Class V wells are shallow wells used to place a variety of fluids directly below the land surface. However, if the fluids placed in the ground qualify as a hazardous waste under the Resource Conservation and Recovery Act (RCRA), the well is either a Class I or Class IV well. Class V wells include:

a. air conditioning return flow wells used to return to the supply aquifer the water used for heating or cooling in a heat pump;

b. large-capacity cesspools, including multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes, containing human excreta, which have an open bottom and sometimes have perforated sides (see §109. D.2 The UIC requirements do not apply to single family residential cesspools or to nonresidential cesspools which receive solely sanitary waste and have the capacity to serve fewer than 20 persons a day;

c. cooling water return flow wells used to inject water previously used for cooling;

d. drainage wells used to drain surface fluid, primarily storm runoff, into a subsurface formation;

e. dry wells used for the injection of wastes into a subsurface formation;

f. recharge wells used to replenish the water in an aquifer;

g. salt water intrusion barrier wells used to inject water into a USDW to prevent the intrusion of salt water into the USDW;

h. sand backfill and other backfill wells used to inject a mixture of water and sand, mill tailings or other solids into mined out portions of subsurface mines, whether what is injected is radioactive or not;

i. septic system wells used to inject the waste or effluent from a multiple dwelling, business establishment, community or regional business establishment septic tank (see §103. C.6 The UIC requirements do not apply to single family residential septic system wells, or to nonresidential septic system wells which are used solely for the disposal of sanitary waste and have the capacity to serve fewer than 20 persons a day;

j. subsidence control wells (not used for the purpose of oil or natural gas production) used to inject fluids into a non-oil or gas producing zone to reduce or eliminate subsidence associated with the overdraft of a USDW;

k. injection wells associated with the recovery of geothermal energy for heating, aquaculture and production of electric power;

l. wells used for solution mining of conventional mines such as stopes leaching;

m. injection wells used for in situ recovery of lignite, coal, tar, sands, and oil shale;

n. wells used to inject spent brine into the same formation from which it was withdrawn after extraction of halogens or their salts; and

o. injection wells used in experimental technologies;

p. motor vehicle waste disposal wells that receive or have received fluids from vehicular repair or maintenance activities, such as an auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shop (e.g., transmission and muffler repair shop), or any facility that does any vehicular repair work. Fluids disposed in these wells may contain organic and inorganic chemicals in concentrations that exceed the maximum contaminant levels (MCLs) established by the primary drinking water regulations. These fluids also may include waste petroleum products and may contain contaminants, such as heavy metals and volatile organic compounds, which pose risks to human health.

6. Specific Exclusions. The following are not covered by these regulations:

a. individual or single family residential or nonresidential cesspools, septic systems or similar waste disposal systems, if such systems:

i. are used solely for the disposal of sanitary waste; and

ii. have the capacity to serve fewer than 20 persons a day;

b. injection wells located on a drilling platform or other site that is beyond the state's territorial waters; and

c. any dug hole, drilled hole, or bored shaft which is not used for emplacement of fluids underground.

D. Prohibition of Movement of Fluid into Underground Sources of Drinking Water

1. No authorization by permit or rule shall allow the movement of fluid containing any contaminant into underground sources of drinking water, if the presence of that contaminant may cause a violation of the Louisiana Drinking Water Regulations, Chapter VIII of the State Sanitary Code or may otherwise adversely affect the health of persons. The applicant for a permit shall have the burden of showing that the requirements of this Section are met.

2. For Class I and III wells, if any water quality monitoring of a USDW indicates the movement of any contaminant into the USDW, except as authorized under §109, the commissioner shall prescribe such additional requirements for construction, corrective action, operation, monitoring, or reporting (including closure of the injection well) as are necessary to prevent such movement. In the case of wells authorized by permit, these additional requirements shall be imposed by modifying the permit in accordance with §113 C, or the permit may be terminated under §113. E if cause exists, or appropriate enforcement action may be taken if the permit has been violated. In the case of wells authorized by rule, see §103. E 1

3. If at any time the commissioner learns that a Class V well may cause a violation of the Louisiana Drinking Water Regulations, Chapter XII of the State Sanitary Code or may be otherwise adversely affecting the health of persons, he shall:

a. require the injector to obtain a 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 adverse effect; or

c. take enforcement action.

4. Notwithstanding any other provision of this Section, the commissioner may take emergency action upon receipt of information that a contaminant which is present in or likely to enter a public water system may present an imminent and substantial endangerment to the health or safety of persons.

E. Authorization of Underground Injection by Rule

1. The commissioner may authorize underground injection by rule as outlined in this Section.

a. Injection into existing Class I and III wells or Class III projects may be authorized by rule for up to five years from the effective date of the Louisiana UIC program. Except for commercial Class I wells in §103 F, all such wells must apply for a permit within four years of the effective date and receive a permit within five years of the effective date. The commissioner will establish a schedule for repermitting prior to the effective date.

i. Rules under §103. E.1 shall specify that the authorization to inject shall expire:

(a). upon the effective date of the permit or permit denial, if a permit application has been filed in a timely manner as specified in §105 B;

(b). if a permit application has not been filed in a timely manner as specified in §105 B; or

(c). unless a complete permit application is pending, not later than five years after the effective date.

ii. Notwithstanding the prohibition in §103 B, rules which under §103. E.1.a authorizing Class III wells or projects in existing fields or projects may allow them to continue normal operations until permitted, including construction, operation, and plugging and abandonment of wells provided the owner or operator maintains compliance with all applicable requirements.

iii. Rules under §103. E.1 shall require compliance no later than one year after authorization with the following requirements applicable to permittee, except the terms permit and permittee shall be read to include rules and those authorized by rule:

(a). requirements for commercial wells injecting hazardous waste accompanied by a manifest: §103 F;

(b). financial responsibility: §107 C;

(c). notice of abandonment: §107 L;

(d). 24-hour reporting on noncompliance: §107. L 6;

(e). operating, monitoring, and reporting requirements (except mechanical integrity): §109. A 6, 7, and 8 (Class I) and §109. B 6, 7, and 8 (Class III);

(f). plugging and abandonment: §109. A 10, §109. B 10;

(g). record keeping requirements: §109. A 11, §109. B 12; and

(h). exemption from rule where authorized by temporary permit: §115 B

b.

i. Injection into existing Class IV wells as defined in §103. C.4.a may be authorized for a period not to exceed six months after approval or promulgation of the UIC program. Such rules shall apply the requirements of §103. F 3

ii. Injection into existing Class IV wells as defined in §103. C.4.b and c may be authorized until six months after approval or promulgation of a UIC program incorporating criteria and standards under §109. C applicable to Class IV injection wells. Such rules shall apply the requirements of §103. F 3

iii. notwithstanding the requirements of Clauses i and ii above, wells used to inject contaminated ground water that has been treated and is being injected into the same formation from which it was drawn are authorized by rule for the life of the well if such subsurface emplacement of fluids is approved by appropriate state or federal agencies pursuant to provisions for cleanup of releases under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or pursuant to requirements and provisions under the Resource Conservation and Recovery Act (RCRA).

c. Injection into Class V wells may be authorized by rule until requirements under future regulations become applicable to the specific type of Class V well. However, the owner or operator of a Class V well authorized by rule shall provide an inventory of the Class V well(s) to the commissioner. At a minimum, the inventory shall include the following information for each Class V well:

i. well and/or facility name and location;

ii. name and address of legal contact;

iii. ownership of well and/or facility;

iv. date of well installation/completion;

v. nature and type of injection well(s);

vi. depth and operating status of injection well(s); and

vii. any additional information required by the commissioner.

d. Class V well authorization by rule shall expire upon the effective date of a permit issued pursuant to these rules or upon proper closure of the well.

e. An owner or operator of a Class V well which is authorized by rule is prohibited from injecting into the well:

i. upon the effective date of an applicable permit denial;

ii. upon failure to submit inventory information pursuant to §103. E.1.c above;

iii. upon failure to submit a permit application pursuant to §103. E.2.b below; or

iv. upon failure to comply with the commissioner's request for any additional information.

2. Requiring a Permit

a. The commissioner may require any Class I, III, or V injection well or project authorized by a rule to apply for and obtain a UIC permit. Cases where UIC permits may be required include:

i. the injection well is not in compliance with any requirements of the rule;

(Note: Any underground injection which violates any rule under this Section is subject to appropriate enforcement action.)

ii. the injection well is not or no longer is within the category of wells and types of wells operations authorized in the rule; and

iii. the protection of USDW requires that the injection operation be regulated by requirements, such as for corrective action, monitoring and reporting, or operation, which are not contained in the rule.

b. The commissioner may require the owner or operator authorized by a rule to apply for a UIC permit by sending the owner or operator a letter containing a brief statement of the reasons, an application form, a statement setting a time for the owner or operator to file the application, and a statement that upon the effective date of the UIC permit the rule no longer applies to the activities regulated under the UIC program.

c. Any owner or operator authorized by a rule may request to be excluded from the coverage of the rule by applying for a UIC permit. The owner or operator shall submit an application under §105. B with reasons supporting the request, to the commissioner. The commissioner may grant any such request.

d. A Class V well satisfying any of the requirements of Clauses i through iv below is no longer authorized by rule; therefore, the owner or operator of the well shall apply for and obtain a UIC permit or permanently close the well:

i. the Class V well does not comply with the prohibition of fluid movement standard in §103 D;

ii. the Class V well is an existing large-capacity cesspool (in which case, the well shall be permanently closed by April 5, 2005) or an existing Class V motor vehicle waste disposal well (in which case, the well shall be permanently closed by January 1, 2005). These rules prohibit the permitting and construction start-up of new motor vehicle waste disposal wells and new large-capacity cesspools on and after April 5, 2000;

iii. the commissioner specifically requires the Class V well be permitted (in which case, rule authorization expires upon the effective date of the permit, or you are prohibited from injecting into your well upon failure to submit a permit application in a timely manner as specified by the commissioner; or upon the effective date of permit denial);

iv. the owner or operator of the Class V well failed to submit inventory information as described in §103. E.1.c (in which case, injection into the well is prohibited until the inventory requirements are met).

F. Requirements for Commercial Wells Injecting Hazardous Waste Accompanied by a Manifest

1. Applicability. The regulations in this Section apply to all generators of hazardous waste, and to owners or operators of all commercial hazardous waste management facilities, using any class of well to inject hazardous wastes accompanied by a manifest.

2. Authorization. The owner or operator of any commercial injection well that is used to inject hazardous wastes accompanied by a manifest or delivery document shall apply for authorization to inject as specified in §105. B within six months after the effective date of the Louisiana UIC Program.

3. Requirements. In addition to requiring compliance with the applicable requirements of this Section and §109, the commissioner shall, for each facility meeting the requirements of §103. F 2, require that the owner or operator comply with the applicable requirements of the Louisiana Hazardous Waste Management program.

G. Prohibition of Class IV Wells. The following activities are prohibited:

1. the construction, operation, or maintenance of any Class IV well is prohibited except for wells used to inject contaminated ground water that has been treated and is being reinjected into the same formation from which it was drawn as part of a clean-up plan approved by appropriate state and federal agencies; however, this prohibition does not apply to the following:

a. wells used to inject hazardous waste into aquifers or portions thereof which have been exempted pursuant to §103 H, provided the exempted aquifer into which waste is injected underlies the lowermost formation containing a USDW; and

b. wells used to inject hazardous waste where no USDW exists within 1/4 mile of the well bore in any underground formation, provided that a determination is made that such injection is into a formation sufficiently isolated to ensure that injected fluids do not migrate from the injection zone.

H. Identification of Underground Sources of Drinking Water and Exempted Aquifers

1. The commissioner may identify (by narrative description, illustrations, maps, or other means) and shall protect, except where exempted under §103. H 2, as an underground source of drinking water, all aquifers or parts of aquifers which meet the definition of an underground source of drinking water. Even if an aquifer has not been specifically identified by the commissioner, it is an underground source of drinking water if it meets the definition.

2. After notice and opportunity for a public hearing the commissioner may identify (by narrative description, illustrations, maps, or other means) and describe in geographic and/or geometric terms (such as vertical and lateral limits and gradient) which are clear and definite, all aquifers or parts thereof which the commissioner proposes to designate as exempted aquifers if they meet the following criteria:

a. the aquifer does not currently serve as a source of drinking water; and

b. the aquifer cannot now and will not in the future serve as a source of drinking water because:

i. it is mineral, hydrocarbon or geothermal energy producing or can be demonstrated by a permit applicant as part of a permit application for a Class III operation to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible;

ii. it is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical;

iii. it is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or

iv. it is located over a Class III well mining area subject to subsidence or catastrophic collapse; or

c. the total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/1 and it is not reasonably expected to supply a public water system.

3. For Class III wells, the commissioner shall require an applicant for a permit, which necessitates an aquifer exemption under §103. H.2.b above, to furnish the data necessary to demonstrate that the aquifer is expected to be mineral or hydrocarbon producing. Information contained in the mining plan 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 of the amenability of the mining zone to the proposed mining method, and a time-table of planned development of the mining zone shall be considered by the commissioner in addition to the information required in the well or area permit application.

La. Admin. Code tit. 43, § XVII-103

Promulgated by the Department of Natural Resources, Office of Conservation, LR 8:83 (February 1982), amended LR 11:640 (June 1985), LR 27:1698 (October 2001).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:1 D, 4C(16), and 4.1.