250 R.I. Code R. 250-RICR-150-05-4.12

Current through November 7, 2024

Section 250-RICR-150-05-4.12 - UIC Program Registration or Approval Issued Prior to Rules

A. The owner of a facility with a groundwater discharge authorized under a Registration or Order of Approval issued by the RIDEM UIC Program prior to July 12, 2012 ("UIC Registration or Order of Approval") shall adhere to the terms and conditions required by the UIC Registration or Order of Approval, as issued, until such time as the groundwater discharge system is closed under these rules or the UIC Registration or Order of Approval is rescinded and a Stormwater Discharge System Registration or a Groundwater Discharge System Registration or Approval is reissued for the groundwater discharge. The owner of a facility authorized under a UIC Registration or Order of Approval shall be subject to all other applicable requirements of these rules.

B. Monitoring and Reporting of Groundwater Quality: All monitoring and reporting of groundwater discharge or groundwater quality shall be performed in accordance with the UIC Registration or Order of Approval for as long as the UIC Registration or Order of Approval is in effect, unless otherwise required by the Director.

1. Noncompliance: The owner shall report to the Director any instance of noncompliance with a UIC Regist ration or Order of Approval in accordance with §§ 4.14(G) and (H) of this Part; and,

2. Class IV Injection Wells: If through analytical testing, a groundwater discharge system authorized under a UIC Registration or Order of Approval is determined to be a Class IV injection well as defined in § 4.6(E) of this Part, the owner shall immediately notify the Director and may be required to cease the groundwater discharge and initiate closure procedures in accordance with § 4.18(D) of this Part.

C. Proposed Changes: Where addition, expansion or other modification as described in § 4.15 of this Part is proposed for a groundwater discharge system authorized under a UIC Registration or Order of Approval, the owner shall submit to the Director, an Application to Modify a Groundwater or Stormwater Discharge System and any other information required by the application or the Director. The Director may also require modification at any time, if new information that was not available at the time of issuance would have justified the application of additional or different conditions. If at any time, the groundwater discharge or groundwater discharge system is modified to the extent that the analytical characterization or other measurement required by a UIC Registration or Order of Approval is incorrect or insufficient, a revised set of parameters shall be established by the Director under a Groundwater Discharge System Approval.

D. Transfer of Ownership: Upon anticipated change of ownership of a facility subject to a UIC Registration or Order of Approval, the existing facility owner, indicated in the most current UIC Registration or Order of Approval shall initiate transfer of the approval to the new owner, unless closure of the groundwater discharge system is proposed. The existing owner shall submit to the Director, a Notification of Transfer of a Groundwater Discharge System, and shall be responsible for compliance with the terms and conditions of the UIC Registration or Approval until transfer of the subject facility is complete. Upon purchase of the facility, the new owner shall be responsible for compliance with the terms and conditions of the UIC Registration or Order of Approval. No person shall act under a Registration or Approval issued to another person.

E. Conditions Preventing Transfer: A UIC Registration or Order of Approval shall not be transferred if any of the following conditions apply:

1. The existing owner is not in compliance with the UIC Registration or Order of Approval or these rules, unless the owner can demonstrate that transfer of the Registration or Order of Approval would facilitate returning the facility to compliance;

2. The existing owner has failed to pay any outstanding penalties or costs related to the property as required by the Director, unless any outstanding amount will be paid in conjunction with the transfer of the UIC Registration or Order of Approval; or,

3. The existing owner has failed to perform pursuant to a court order, consent decree, consent agreement or other settlement agreement relating to the facility subject to the UIC Registration or Order of Approval, unless the owner can demonstrate that transfer of the Registration or Order of Approval would facilitate such performance.

F. Temporary Cessation of Discharge: The owner of a facility with a UIC Registration or Order of Approval shall submit to the Director, prior to implementation and in accordance with § 4.17 of this Part, a Notification of Temporary Cessation of a Groundwater Discharge for any proposed interruption or cessation of a groundwater discharge that is planned or expected to extend greater than 120 days. An Approval issued for temporary cessation of a groundwater discharge shall be granted in accordance with § 4.17 of this Part.

G. Closure Requirements: Prior to closure of a groundwater discharge system authorized under a UIC Registration or Order of Approval, the owner shall submit to the Director, a Notification of Termination of a Groundwater Discharge, in accordance with § 4.18(B) of this Part and any other information required by the Director.

H. Expiration of Registration or Approval: A UIC Registration or Order of Approval shall expire if the groundwater discharge system has not been constructed and installed by July 1, 2020 unless otherwise extended by a tolling period pursuant to R.I. Gen. Laws § 42-17.1-2.5. Once a UIC Registration or Order of Approval is expired, a new application and application fee shall be submitted for any proposed activity subject to these rules.

250 R.I. Code R. 250-RICR-150-05-4.12