Rules

of

The Tennessee Department of Environment And Conservation

Division of Water Supply

Rules of Water Quality Control Board

Chapter 1200—4—6

Underground Injection Control

Table of Contents

1200—4—6—.01 Authority and Purpose 1200—4—6—.10 Class I Wells

1200—4—6—.02 General 1200—4—6—.11 Class II Wells

1200—4—6—.03 Injection Prohibited 1200—4—6—.12 Class III Wells

1200—4—6—.04 Prevention of Pollution 

of Ground Water And 

Identification of 

Underground Sources 

of Drinking Water and 

Exempted Aquifers

1200—4—6—.13 Class IV Wells

1200—4—6—.05 Injected Fluid 

Standards

1200—4—6—.14 Class V Wells

1200—4—6—.06 Classification of 

Injection Wells

1200—4—6—.15 Fees for Class I 

Injection Wells

1200—4—6—.07 Permit Required 1200—4—6—.16 Fees for Class II 

Injection Wells

1200—4—6—.08 Authorization by 

Permit for Injection 

Wells Not Authorized 

by Rule

1200—4—6—.17 Fees for Class III 

Injection Wells

1200—4—6—.09 General Standards and 

Methods

1200—4—6—.18 Fees for Class V 

Injection Wells

1200—4—6—.19 Bonds Required for 

Permitted Wells

Appendix A

1200—4—6—.01 Authority And Purpose. The purpose of these regulations is to protect the ground 

water resources of the State. The authority for this rule is included in the authority given the board to 

protect waters of the State pursuant to T.C.A. §69—3—105. As provided T.C.A. §69—3—103(29), 

“Waters means any and all water, public or private, on or beneath the surface of the ground, which are 

contained within, flow through, or border upon Tennessee or any portion thereof except those bodies of 

water confined to and retained within the limits of private property in single ownership which do not 

combine or effect a junction with natural surface or underground waters.”

Authority: T.C.A. §69—3—105. Administrative History: Original rule August 9, 1985; effective September 

8, 1985. 

1200—4—6—.02 General

(1) Use of Number and Gender 

As used in these Rules:

(a) Words in the masculine gender also include the feminine and neuter genders; and 

(b) Words in the singular include the plural; and 

(c) Words in the plural include the singular.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 2

(Rule 1200—4—6—.02 continued)

(2) Rule Structure 

These Rules are organized, numbered, and referenced according to the following outline form:

(1) paragraph

(a) subparagraph

1. part

(i) subpart

(I) item

I. subitem

A. section

(A) subsection

(3) Definitions 

For the purposes of the Underground Injection Control program established in this chapter, the 

definition of any word or phrase used in these regulations shall be the same as given in T.C.A. 

69-3-103 except the following words or phrases shall have the following meanings:

“Aquifer” means a formation, group of formations, or part of a formation that contains a sufficient 

quantity of permeable material to yield significant quantities of water for wells and springs.

“Area of Review” (AOR) means the area surrounding an injection well described according to the 

criteria set forth in Rule 1200-04-06-.09(3) or in the case of an area permit, the project area plus a 

circumscribing area the width of which is either a mile or a number calculated according to the 

criteria set forth in the formula for injection well AOR.

“Casing” means a tubular retaining structure which is installed in an excavated hole to maintain 

the well opening.

“Cementing” means the act of employing cementitious material in the annulus behind the well 

casing.

“Cesspool” means a drywell that receives untreated sanitary waste containing human excreta, 

and which sometimes has an open bottom and/or perforated sides. 

“Commissioner” means the Commissioner of environment and conservation or the 

commissioner’s duly authorized representative and, in the event of the commissioner’s absence 

or a vacancy in the office of commissioner, the deputy commissioner.

“Compatibility” means substances capable of being mixed or existing together.

“Composite sample” means a mixture of grab samples collected at the same sampling point at 

different times.

“Confining unit or zone” means a geological formation, group of formations, or part of a formation 

that limits fluid movement from an injection zone.

“Confining bed” means a layer of distinctly less permeable material stratigraphically adjacent to 

one or more aquifers.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 3

(Rule 1200—4—6—.02 continued)

“Contamination” means the addition of any substance or matter to water.

“Draft permit” means a document prepared under Rule 1200-04-06-.08(7) indicating the 

Commissioner’s tentative decision to issue or deny, modify, revoke and reissue, terminate, or 

reissue a “permit.” A notice of intent to terminate a permit, and a notice of intent to deny a permit, 

as discussed in Rule 1200-04-06-.08(9) are types of “draft permits.” A denial of a request for 

modification, revocation and reissuance, or termination, as discussed in Rule 1200-04-06-.08(9) 

is not a “draft permit.” 

“Drilling mud” means a heavy suspension used in drilling an “injection well,” introduced down the 

drill pipe and through the drill bit.

“Drywell” means a well, other than an improved sinkhole or subsurface fluid distribution system, 

completed above the water table so that its bottom and sides are typically dry except when 

receiving fluids.

“Enhanced recovery” means increased recovery from a pool achieved by artificial means or by

the application of energy extrinsic to the pool.

“Emergency permit” means a UIC “permit” issued in accordance with Rule 1200-04-06-.07(8).

“Environmental Protection Agency” (“EPA”) means the United States Environmental Protection 

Agency.

“EPA” means the United States Environmental Protection Agency.

“Exempted aquifer” means an “aquifer” or its portion that meets the criteria in the definition of 

“underground source of drinking water” but which has been exempted according to the 

procedures in Rule 1200-04-06-.04.

“Existing injection well” means an “injection well” that began injection of fluids into the subsurface 

prior to the effective date of this rule.

“Facility or activity” means any waste facility or activity (including land or appurtenance thereto) 

that is subject to regulation under the Tennessee Solid Waste Disposal Act, the Tennessee 

Hazardous Water Management Act, the Tennessee Water Quality Control Act or the Tennessee 

Safe Drinking Water Act.

“Fluids” means materials or substances that flow or move whether semi-solid, liquid, sludge, gas 

or any other form or state.

“Formation” means a body or stratum of rock characterized by a degree of lithologic homogeneity 

and is mappable on the earth’s surface or traceable in the subsurface.

“Formation fluid” means “fluid” present in a “formation” under natural conditions as opposed to 

fluids introduced into a formation by injection or emplacement by man. This term is synonymous 

with “native water.”

“Grab sample” means a sample collected at a particular time and place that represents the 

composition of the source at that time and place.

“Ground water” means water below the land surface and free to move under the influence of 

gravity.

“Grout” means a fluid mixture of cement and water or other cementitious material of a consistency 

that can be forced through a pipe under hydraulic pressure.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 4

(Rule 1200—4—6—.02 continued)

“Hazardous waste” means a hazardous waste as defined by rule 1200-01-11-.02(1)(c).

“Hydrofracture” means the application of pressure sufficient to cause rupture of a subsurface 

formation.

“Improved Sinkhole” means a naturally occurring karst depression modified by man in such a 

manner that the chemical, physical, biological, radiological, or bacteriological properties of the 

water or fluids moving into the subsurface through it have been or will be altered.

“Infiltration cell” means an unlined man-made structure designed for the distribution of fluids into 

or above a “USDW.”

“Injection well” means structure or device which is used for the emplacement of fluids into a

subsurface stratum including, but not limited to:

(a) a well used for the emplacement of fluids;

(b) a subsurface fluid distribution system;

(c) an improved sinkhole; or

(d) infiltration cell and any other structures or devices designed, constructed or used to 

emplace fluids into the subsurface, except as provided in rule 1200-04-06-.03(3).; or

(e) modified recharge point.

“Injection zone” means the formation, group of formations, or part of a formation that receives 

fluids through an injection well.

“Injectivity index” means the rate of injection in gallons per minute per unit of applied injection 

pressure in pounds per square inch.

“Innovative technology” means an experimental or unproven procedure, which has not been 

demonstrated to be feasible under the conditions in which it is being tested.

“Lease” means real property upon which the right to extract oil and gas or other minerals has 

been granted under contract for a share of the value of the production or an annual rental for a 

specified period.

“Mechanical integrity” means mechanically complete, performs the function for which it was

intended and is unimpaired.

“Modified recharge point” means a naturally occurring karst feature that has been modified by 

man with a structure or in any other manner that the chemical, physical, biological, radiological or 

bacteriological properties of the water or fluids moving into the subsurface through it or the 

ground water has been or will be altered.

“New injection well” means any well that begins injection of fluids into the subsurface after August 

9, 1985.

“Owner or operator” means the owner or operator of any “facility or activity” subject to regulation 

under the UIC program.

“Packer” means a device placed in a well to produce a fluid-tight seal in a section of the well bore 

or the annulus between the well casing and the inner injection tubing.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 5

(Rule 1200—4—6—.02 continued)

“Permit” means an authorization, license, or equivalent control document issued by EPA or the 

Department to implement the requirements of this rule. “Permit” includes an area permit and an 

emergency permit. “Permit” as used in these UIC rules means an individual permit issued under 

the Water Quality Control Act and does not include an authorization by rule which is a type of 

general permit under the Water Quality Control Act.

“Person” means an individual, association, partnership, corporation, municipality, State, Federal, 

or Tribal agency, or an agency or employee thereof. 

“Plugging” means the act or process of stopping the flow of water, oil, or gas into or out of a 

formation through a bore hole or well penetrating that formation.

“Point of Injection” means the last accessible point where a sample may be collected prior to 

waste fluids being released into the subsurface environment through a Class V injection well.

“Pollution” means such alteration of the physical, chemical, biological, bacteriological, or 

radiological properties of waters of this State including but not limited to changes in temperature, 

taste, color, turbidity, or odor of the waters:

(a) as will result or will likely result in harm, potential harm or detriment of the public health, 

safety, or welfare;

(b) as will result or will likely result in harm, potential harm or detriment to the health of 

animals, birds, fish, or aquatic life;

(c) as will render or will likely render the waters substantially less useful to domestic, 

municipal, industrial, agricultural, recreational, or other reasonable uses; or

(d) as will leave or will likely leave the waters in such condition as to violate any standards of 

water quality established by Water Quality Control Board.

“Project” means a group of wells in a single operation.

“Produced water” means those waters produced in conjunction with the production of crude oil or 

natural gas and commonly collected at field storage or disposal facilities including: lease tanks, 

commingled tank batteries, burn pits, and community or lease wastewater disposal systems.

“Public water system” means a system for the provision of piped water for human consumption if 

such system has at least fifteen (15) connections or regularly serves at least twenty-five (25) 

individuals at least sixty (60) days out of the year.

“Radioactive material” means any material, solid, liquid, or gas, which emits radiation 

spontaneously.

“Radioactive waste” means any waste which contains radioactive material in concentrations 

which exceed those listed in Rule 1200-02-05-.161 Schedule RHS 8-130, Table II, Column 2. 

”Recharge point” means a naturally occurring sinkhole or other karst feature that accepts 

stormwater runoff from unimproved properties.

“Regional rock deformation” means folded, faulted, sheared, compressed or extended rocks 

which result from various earth forces.

"Sanitary waste" means liquid or solid wastes originating solely from humans and human 

activities, such as wastes from toilets, showers, wash basins, cleaning, clothes washing, or food 

preparation, together with any waters mixed with or used to convey such wastes, and provided 

that the waste or water is not mixed with industrial waste.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 6

(Rule 1200—4—6—.02 continued)

“Schedule of compliance” means a schedule of remedial measures included in a “permit,” 

including an enforceable sequence of interim requirements (for example: actions, operations, or 

milestone events) leading to compliance with the “appropriate Act and regulations.”

“Septic system” means a “well” that is used to emplace sanitary waste below the surface and is 

typically comprised of a septic tank and subsurface fluid distribution system or disposal system.

"Sewage" means water-carried waste or discharges from human beings or animals, from 

residences, public or private buildings, or industrial establishments, or boats, together with such 

other wastes and ground, surface, storm, or other water as may be present; (T.C.A. § 69-3-

103(27)).

“Sinkhole” means a naturally occurring closed depression in a karst area characterized by inward 

drainage (inlets) accepting runoff from the surrounding area and having no visible surface outlet.

“Site” means the land or water area where any facility or activity is physically located or 

conducted including adjacent land used in connection with the facility or activity.

“Stratum” (plural strata) means a single sedimentary bed or layer, regardless of thickness, that 

consists of generally the same kind of rock material.

“Subsurface fluid distribution system” (SFDS) means an assemblage of perforated pipes, drain 

tiles, or mechanisms intended to distribute fluids below the surface of the ground.

“Total Dissolved Solids” means a material that passes through a standard glass fiber filter disk 

and remains after evaporation and drying to constant weight at 180°C.

“Transferee” means the owner or operator receiving ownership and/or operational control of the 

well.

”Transferor” means the owner or operator transferring ownership and/or operational control of the 

well.

“Tremie pipe” means a device, usually small diameter pipe, that carries grouting materials to the 

bottom of a drill hole and allows the emplacement of the grout from the bottom up without the 

introduction of appreciable air pockets.

“UIC” means the Underground Injection Control program.

“Underground injection” means a “well injection.”

“Underground source of drinking water” (USDW) means an aquifer or its part that:

(a) currently supplies any public water system; or

(b) contains a sufficient quantity of ground water to supply a public water system; and

1. currently supplies drinking water for human consumption; or

2. contains fewer than 10,000 mg/L total dissolved solids; and

(c) which is not a portion of an aquifer which has been designated by the Department as an 

Exempted Aquifer.

“Well” means a bored, drilled, driven or dug shaft or hole whose depth is greater than the largest 

surface dimension or an improved sinkhole; or, a subsurface fluid distribution system.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 7

(Rule 1200—4—6—.02 continued).

“Well injection” means the subsurface emplacement of fluids through a “well.”

Authority: T.C.A. §69—3—105. Administrative History: Original rule filed led August 9, 1985; effective 

September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed February 

17, 2010; effective date May 18, 2010

1200—4—6—.03 Injection Prohibited.

(1) Unless excluded under Subsection (3), the construction of an injection well, the conversion of a 

well into an injection well, and the use or operation of an injection well is prohibited unless 

authorized by an injection well permit or by rule of the Department.

(2) Wells may not be used for the disposal of radioactive or hazardous waste. 

(3) The following activities are not within the scope of subsection (1):

(a) Operation of domestic subsurface fluid distribution systems disposing exclusively of 

sanitary waste with the capacity of serving less than 20 persons;

(b) Operation of facilities injecting natural gas for the purpose of storage; and

(c) Operation of wastewater treatment ponds or lagoons permitted to discharge to surface waters 

under the National Pollutant Discharge Elimination System (NPDES) permitting program.

(4) These rules do not limit the authority of the Department to abate and prevent pollution of surface 

or ground water resulting from any injection activity, or other discharge of pollutants, by requiring 

a permit, by instituting any type of enforcement action under the Water Quality Control Act or 

other environmental statute, or by contracting for clean-up under T.C.A. §§68--46—201 et seq., 

or by other appropriate action.

(5) 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 provisions of rule 1200-1-6-.05 (TCA §68-221-401 et seq.).

(6) After the effective date of this rule all classes of new injection wells located within Zone 1 of a 

community water system’s wellhead protection area as defined in Rule 1200-05-01-.34 under 

T.C.A. §§ 68-13-701 et seq., the Tennessee Safe Drinking Water Act are prohibited.

Authority: T.C.A. §69—3—105. Administrative History: Original rule filed August 9, 1985; effective 

September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed January 

x, 2010; effective date April x, 2010

1200—4—6—.04 Prevention of Pollution of Ground Water and Identification of Underground Sources of 

Drinking Water and Exempted Aquifers.

(1) No owner or operator shall construct, operate, maintain, convert, plug, abandon, or conduct any 

other injection activity in a manner that allows the movement of fluid containing any contaminant 

into underground sources of drinking water, if the presence of that contaminant may cause a 

violation of any primary drinking water regulation 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 paragraph are met.

(2) For Class I, II and III wells, if any water quality monitoring of an underground source of drinking 

water indicates the movement of any contaminant into the underground source of drinking water, 
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 8

(Rule 1200—4—6—.04 continued)

except as authorized under this Rule, 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, the Commissioner may impose additional requirements by modifying the 

permit in accordance with Rule 1200-04-06-.08(8) or may terminate the permit in accordance with 

Rule 1200-04-06-.08(9). Additionally, the Commissioner may assess civil penalties for all permit 

or rule violations in accordance with T.C.A § 69-3-115.

(3) For class V wells, if at any time the Commissioner learns that a Class V well may cause a 

violation of primary drinking water regulations he or she shall:

(a) Require the injector to obtain an individual permit; and/or

(b) Order the injector to take such actions (including, where required, closure of the injection 

well) as may be necessary to prevent the violation. 

(c) Take enforcement action.

(4) Whenever the Commissioner learns that a Class V well may be otherwise adversely affecting the 

health of persons, he or she may prescribe such actions as may be necessary to prevent the 

adverse effect, including any action authorized under paragraph (3) of this Rule and assess civil 

penalties in accordance with T.C.A § 69-3-115.

(5) Notwithstanding any other provision of this rule, 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 or underground source of drinking water may present an imminent and substantial 

endangerment to the health of persons. The Commissioner must first determine that local 

authorities have not taken appropriate action to protect the health of such persons, before taking 

emergency action.

(6) Identification of Underground Sources of Drinking Water

(a) The Commissioner may identify (by narrative description, illustrations, maps, or other 

means) and shall protect, except where exempted under subparagraph (b) of this 

paragraph, as an underground source of drinking water, all aquifers or parts of aquifers 

which meet the definition of an “underground source of drinking water'' in Rule 1200-04-

06-.02. 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 in Rule 1200-04-06-.02.

(b) 1. 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 using the criteria in paragraph (7) of this Rule.

2. No designation of an exempted aquifer submitted as part of a UIC Program shall 

be final until approved by the EPA Administrator.

3 Subsequent to program approval or promulgation by the EPA, the Commissioner 

may, after notice and opportunity for a public hearing, identify additional 

exempted aquifers. 

(i) Exemption of aquifers identified under subparagraph (7)(b) of this Rule 

shall be treated as a program revision under 40 CFR 145.32.

(Note: 40 CFR 145.32 provides that:
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 9

(Rule 1200—4—6—.04 continued)

(a) Either EPA or the approved State may initiate program revision. 

Program revision may be necessary when the controlling federal 

or state statutory or regulatory authority is modified or 

supplemented. The state shall keep EPA fully informed of any 

proposed modifications to its basic statutory or regulatory 

authority, its forms, procedures, or priorities.

(b) Revision of a state program shall be accomplished as follows:

(1) The state shall submit a modified program description, 

Attorney General's statement, Memorandum of 

Agreement, or such other documents as EPA 

determines to be necessary under the circumstances.

(2) Whenever EPA determines that the proposed program 

revision is substantial, EPA shall issue public notice and 

provide an opportunity to comment for a period of at 

least 30 days. The public notice shall be mailed to 

interested persons and shall be published in the Federal 

Register and in enough of the largest newspapers in the 

state to provide statewide coverage. The public notice 

shall summarize the proposed revisions and provide for 

the opportunity to request a public hearing. Such a 

hearing will be held if there is significant public interest 

based on requests received.

(3) The Administrator shall approve or disapprove program 

revisions based on the requirements of this part and of 

the Safe Drinking Water Act.

(4) A program revision shall become effective upon the 

approval of the Administrator. Notice of approval of any 

substantial revision shall be published in the Federal 

Register. Notice of approval of non-substantial program 

revisions may be given by a letter from the Administrator 

to the State Governor or his designee.)

(ii) Exemption of aquifers identified under subparagraph (7)(c) of this Rule 

shall become final if the Commissioner submits the exemption in writing 

to the EPA Administrator and the EPA Administrator has not disapproved 

the designation within 45 days. Any disapproval by the EPA 

Administrator shall state the reasons and shall constitute final Agency 

action for purposes of judicial review.

(c) 1. For Class III wells, the Commissioner shall require an applicant for a permit 

which necessitates an aquifer exemption under part (7)(b)1 of this Rule 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.

2. For Class II wells, a demonstration of commercial producibility shall be made as 

follows:
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 10

(Rule 1200—4—6—.04 continued)

(i) For a Class II well to be used for enhanced oil recovery processes in a 

field or project containing aquifers from which hydrocarbons were 

previously produced, commercial producibility shall be presumed by the 

Commissioner upon a demonstration by the applicant of historical 

production having occurred in the project area or field; and

(ii) For Class II wells not located in a field or project containing aquifers from 

which hydrocarbons were previously produced, information such as logs, 

core data, formation description, formation depth, formation thickness 

and formation parameters such as permeability and porosity shall be 

considered by the Commissioner, to the extent such information is 

available.

(7) Exempted Aquifers

An aquifer or a portion thereof which meets the criteria for an “underground source of drinking 

water'' may be determined to be an “exempted aquifer'' if it meets the following criteria:

(a) It does not currently serve as a source of drinking water; and

(b) It cannot now and will not in the future serve as a source of drinking water because:

1. 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 II 

or III operation to contain minerals or hydrocarbons that considering their quantity 

and location are expected to be commercially producible;

2. It is situated at a depth or location which makes recovery of water for drinking 

water purposes economically or technologically impractical;

3. It is so contaminated that it would be economically or technologically impractical 

to render that water fit for human consumption; or

4. 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/l and it is not reasonably expected to supply a public water system.

Authority: T.C.A. §69—3—105. Administrative History: Original rule filed August 9, 1985 effective September 8, 

1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed February 17, 2010; 

effective date May 18, 2010

1200—4—6—.05 Injected Fluid Standards

(1) Any fluid injected into or above a USDW shall meet the following standards unless specific 

alternate standards are established by the Department for the individual discharge based 

on hydrogeologic setting, character of the injectate, risk to the environment and persons 

utilizing the ground water resource and compliance with 1200-4-6-.05(1)(j):

(a) Dissolved oxygen - The injected fluid shall contain dissolved oxygen in at least the 

amount that naturally occurs in that portion of the aquifer where the injection occurs.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 11

(Rule 1200—4—6—.05 continued)

(b) Oils and grease - The injected fluid shall contain no oil and grease other than that of

natural origin in that portion of the aquifer where the injection occurs.

(c) Color and turbidity - The injected fluids shall contain no color or turbidity other than that 

of natural origin in that portion of the aquifer where the injection occurs.

(d) Coliform bacteria - The concentration of a fecal coliform group shall not exceed 200 per 

100 ml. as a geometric mean based on a minimum of 10 samples collected from a given 

sampling point over a period of not more than 30 consecutive days with individual 

samples being collected at intervals of not less than 12 hours. For the purposes of 

determining the geometric mean, individual samples having a fecal coliform group 

concentration of less than 1 per 100 ml. shall be considered as having a concentration of 

1 per 100 ml. In addition, the concentration of the fecal coliform group in any individual 

sample shall not exceed 1,000 per 100 ml.

(e) Taste and odor - The injected fluids shall have no taste or odor other than that which 

naturally occurs in that portion of the aquifer where the injection occurs.

(f) pH - The injected fluids shall have a pH level as naturally occurs in that portion of the 

aquifer where the injection occurs or as may result from normal agricultural, or silviculture 

activity provided all reasonable controls are used.

(g) Chemical constituents - The injected fluids shall be free from chemical constituents, other 

than those of natural origin in that portion of the aquifer where the injection occurs, in 

concentrations specified in 1200-5-1-.19, or combinations which would be harmful to 

human, animal or aquatic life or detrimental to the most sensitive and governing water 

use. Criteria for chemical constituents contained in guidelines published by the US 

Environmental Protection Agency shall be considered.

(h) Solids, floating materials and deposits - The injected fluid shall be free of distinctly visible 

solids, scum, foam, or oily sleek other than those of natural origin in that portion of the 

aquifer where the injection occurs.

(i) Other pollutants - The injected fluid shall contain no other pollutants that may be 

detrimental to public health or impair the usefulness of the water for the most sensitive 

and governing water use.

(j) The operation of an underground injection system shall not cause any aquifer designated 

as a USDW to contain any substances, whether alone or in combination with other 

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 1200-5-1 or adversely affect the health of persons.

Authority: T.C.A. §69—3—105. Administrative History: Original rule filed August 9, 1985 effective September 8, 

1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed February 17, 2010; 

effective date May 18, 2010

1200—4—6—.06 Classification Of Injection Wells. Injection wells within the jurisdiction of the 

Department are classified as follows:

(1) Class I

(a) Wells used by generators of hazardous waste or owners or operators of hazardous waste 

management facilities to inject hazardous waste, beneath the lowermost formation 

containing within a radius of one mile of the well bore, a USDW; or
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 12

(Rule 1200—4—6—.06 continued)

(b) Other industrial and municipal disposal wells which inject fluids beneath the lowermost 

formation containing, within a radius of one mile of the well bore, a USDW.

(c) Radioactive waste disposal wells which inject fluids below the lowermost formation 

containing an underground source of drinking water within one mile of the well bore.

(2) Class II—Wells that 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 or natural gas; and

(c) For storage of hydrocarbons which are liquid at standard temperature and pressure.

(3) Class III—Wells that inject fluids for extraction of minerals 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 stope leaching is included in Class V; or

(c) Solution mining of salts or potash.

(4) Class IV

(a) Wells used by generators of hazardous waste or of radioactive waste, by owners or 

operators of hazardous waste management facilities, or by owners or operators of 

radioactive waste disposal sites, to dispose of hazardous waste or radioactive waste into 

a formation which within one mile of the well contains a USDW; or

(b) Wells used by generators of hazardous waste or of radioactive waste, by owners or 

operators of hazardous waste management facilities, or by owners or operators of 

radioactive waste disposal sites, to dispose of hazardous waste or radioactive waste 

above a formation which within one mile of the well contains a USDW.

(c) Wells used by generators of hazardous waste or owners or operators of hazardous waste 

management facilities to dispose of hazardous waste, which cannot be classified under 

subparagraph (1)(a) or subparagraphs (4)(a) and (b) of this rule.

(5) Class V—Injection wells or systems not included in Classes 1, II, III, or IV. 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) Drainage wells used to drain surface fluid, primarily storm runoff, into a subsurface 

formation;

(c) Cooling water return flow wells used to inject water previously used for cooling;

(d) Recharge wells used to replenish the water in an aquifer;
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 13

(Rule 1200—4—6—.06 continued)

(e) 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 a radioactive waste or not;

(f) 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 fresh water;

(g) Injection systems associated with remedial activity. This subparagraph does not allow 

the injection of hazardous waste into a Class V well. Systems used to inject 

contaminated ground water that has been treated and is being reinjected into the same 

formation from which it was drawn are not prohibited by this rule if such injection is 

approved by state or federal agencies operating under the Tennessee Hazardous Waste 

Management Act, Part 1 or Part 2, T.C.A. Sections 68-212-101 et seq. or 68-212-201 et 

seq. or Tennessee Petroleum Underground Storage Tank Act, T.C.A. Sections 68-215-

101 et seq. or Tennessee Water Quality Control Act, T.C.A. Sections 69-3-101 et seq. or 

Resource Conservation and Recovery Act (RCRA); 42 USC 6901-6992k or 

Comprehensive Environmental Response and Liability Act of 1980; 42 USC 9601-9675;

(h) Injection wells associated with the recovery of geothermal energy for heating, 

aquaculture and production of electric power;

(i) Wells used for solution mining of conventional mines such as stopes leaching;

(j) Injection wells used in innovative or experimental technologies;

(k) Injection wells used for in site recovery of lignite, coal, tar sands, and oil shale; and

(1) Wells used to inject spent brine into the same formation from which it was withdrawn 

after extraction of halogens or their salts.

(m) Large capacity subsurface fluid distribution systems with the capacity to serve more than 

20 persons per day.

(n) Infiltration cells.

(o) Subsurface fluid distribution systems disposing of waste other than sanitary waste.

(p) Dry wells used for the injection of wastes into a subsurface formation;

(q) Modification of a recharge point or the area where the recharge originates; and

(r) Improved sinkholes

Authority: T.C.A. §69—3—105. Administrative History: Original rule filed August 9, 1985 effective 

September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed 

February 17, 2010; effective date May 18, 2010

1200—4—6—.07 Permit Required.

(1) Except for exclusions specified in paragraph 1200—4—6—.03(3), all injection wells and activities 

must be authorized by permit or by rule.

(2) For new injection wells, a permit must be obtained before construction commences, unless the 

injection is authorized by rule as described in paragraph 1200—4—6—.14(2).
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 14

(Rule 1200—4—6—.07 continued)

(3) The owner or operator of an existing Class II or III injection well shall complete, sign and submit 

to the Department an application for permit in conformance with this Chapter within six (6) months 

from the date of approval of these Rules. The owner or operator must demonstrate to the 

satisfaction of the Department that the existing well complies with all applicable Rules of this 

Chapter.

(4) Continued injection into existing Class V Wells is authorized by virtue of this rule provided 

compliance with rule 1200-4-6-.05(1) and any other applicable rules of this Chapter are 

maintained. Owners/operators of existing Class V wells that fail to maintain compliance shall 

immediately cease operation and submit an application. Owners/operators of all existing Class V 

wells shall submit an application within the appropriate time frame for each grand division as 

specified in this rule. Within six (6) months of the effective date of this rule, owner/operators of

injection wells within the Western Grand Division must submit an application. Within twelve (12) 

months of the effective date of this rule, owner/operators of injection wells within the Central 

Grand Division must submit an application. Within eighteen (18) months of the effective date of

this rule, owner/operators of injection wells within the Eastern Grand Division must submit an 

application. If an application for an existing Class V well is not submitted within the specified 

timeframe, the owner/operator shall be subject to an application fee for a new well as specified in 

1200-4-6-.18(1).

(5) The Department may require the owner or operator of a Class V injection well authorized by rule 

to apply for and obtain an injection well permit. Cases for which a permit may be required include:

(a) The injection well is not in compliance with the standards required by this Chapter.

(b) Compliance with standards in addition to those listed in this Chapter is required to protect 

USDWs from pollution.

(6) Reserved.

(7) Class V wells utilizing innovative or experimental technologies, may not be authorized by rule, but 

only by a permit. The permit shall require a surety bond.

(8) Emergency permits.

(a) Coverage. Notwithstanding any other provision of this Rule the Commissioner may

temporarily permit a specific underground injection if:

1. An imminent and substantial endangerment to the health of persons will result 

unless a temporary emergency permit is granted, provided the injection will not 

result in the movement of fluids into underground sources of drinking water; or

2. (i) A substantial and irretrievable loss of oil or gas resources will occur unless a 

temporary emergency permit is granted to a Class II well; and

(ii) Timely application for a permit could not be practically made; and

(iii) The injection will not result in the movement of fluids into underground 

sources of drinking water; or

3. A substantial delay in production of oil or gas resources will occur unless a 

temporary emergency permit is granted to a new Class II well and the temporary 

authorization will not result in the movement of fluids into an underground source 

of drinking water.

(b) Requirements for issuance.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 15

(Rule 1200—4—6—.07 continued)

1. Any temporary permit under part (a)1 of this paragraph shall be for no longer term 

than required to prevent the hazard.

2. Any temporary permit under part (a)2 of this paragraph shall be for no longer than 

90 days, except that if a permit application has been submitted prior to the 

expiration of the 90-day period, the Commissioner may extend the temporary 

permit until final action on the application.

3. Any temporary permit under part (a)3 of this paragraph shall be issued only after a 

complete permit application has been submitted and shall be effective until final 

action on the application.

4. Notice of any temporary permit under this paragraph shall be published in 

accordance with paragraph (7) of Rule 1200-04-06-.08 within ten days of the 

issuance of the permit.

5. The temporary permit under this paragraph may be either verbal, or written. If 

verbal authorization, it must be followed within 5 calendar days by a written 

temporary emergency permit.

6. The Commissioner shall condition the permit in any manner he or she determines is 

necessary to ensure that the injection will not result in the movement of fluids into 

an underground source of drinking water.

Authority: T.C.A. §69—3—105. Administrative History: Original rule filed August 9, 1985; effective 

September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed 

February 17, 2010; effective date May 18, 2010

1200—4—6—.08 Authorization By Permit For Injection Wells Not Authorized By Rule.

(1) Permit Application — All permit applicants for injection wells not authorized by rule shall provide 

the following information to the Department, using a form provided by the Department:

(a) The activities conducted by the applicant which require it to obtain a UIC permit.

(b) Name, mailing address, and location of the facility for which the application is submitted.

(c) Up to four North American Industry Classification System (NAICS) codes which best 

reflect the principal products or services provided by the facility.

(d) The operator’s name, address, telephone number, ownership status, and status as 

Federal, State, private, public, or other entity.

(e) Whether the facility is located on Indian lands.

(f) A listing of all permits or construction approvals received or applied for under any of the 

following programs:

1. Hazardous Waste Management program under federal or state law.

2. UIC program under federal or state law.

3. NPDES program under federal or state law.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 16

(Rule 1200—4—6—.08 continued)

4. Prevention of Significant Deterioration (PSD) program under federal or state law.

5. Nonattainment program under federal or state law.

6. National Emission Standards for Hazardous Pollutants (NESHAPS) 

preconstruction approval under federal or state law.

7. Ocean dumping permits under the Marine Protection Research and Sanctuaries 

Act.

8. Dredge and fill permits under section 404 of the Clean Water Act, 33 U.S.C. 

Section 1344.

9. Other relevant environmental permits.

(g) A topographic map (or other map if a topographic map is unavailable) extending one mile 

beyond the property boundaries of the source depicting the facility and each of its intake 

and discharge structures; each of its hazardous waste treatment, storage, or disposal 

facilities; each well where fluids from the facility are injected underground; and those 

wells, springs, surface water bodies, and drinking water wells listed in public records or 

otherwise known to the applicant within a quarter mile of the facility property boundary.

(h) A brief description of the nature of the business.

(2) A permit application will be processed when:

(a) A completed application form, all information required by these Rules and any 

supplemental information, as may be required, is submitted to the Department. The 

application shall identify (by narrative description, illustrations, maps, or other suitable 

means) and describe by geographic or geometric terms (including lateral and vertical 

limits and gradients) the area intended to be used as an injection zone.

(b) The feasibility requirements that apply to the proposed injection well have been satisfied.

(3) Duration of permits.

(a) Permits for Class I and V wells and authorizations for Class V wells shall be effective for 

a fixed term not to exceed five (5) years. Permits for Class II and III wells may be issued 

for a period up to the operating life of the facility. Each Class II or III well permit shall be 

reviewed at least once every five (5) years to determine whether it should be modified, 

revoked and reissued, or revoked as provided in Paragraphs 1200—4—6—.08(7) and 

(8).

(b) Except as provided by the Uniform Administrative Procedures Act, T.C.A. §§4—5—101 

et seq., the term of a permit shall not be extended by modification beyond the maximum 

duration specified in this rule.

(c) The Department may issue any permit for a duration that is less than the full allowable 

term under this rule.

(4) Schedules of compliance

(a) The permit may when appropriate specify a schedule of compliance.

(b) Time for compliance. Any schedule of compliance shall require compliance as soon as 

possible but in no case later than three (3) years after the effective date of the permit.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 17

(Rule 1200—4—6—.08 continued)

(c) Interim dates. Except as provided in this section, if a permit establishes a schedule of 

compliance which exceeds one (1) year from the date of permit issuance, the schedule 

shall set forth interim requirements and the dates for their achievements.

1. The time between interim dates shall not exceed one (1) year.

2. If the time necessary for completion of any interim requirement (such as the 

construction of a control facility) is more than one (1) year and is not readily 

divisible into stages for completion, the permit shall specify interim dates for the 

submission of reports of progress toward completion of the interim requirements 

and indicate a projected completion date.

(d) Reporting. Progress reports shall be submitted no later than thirty (30) days following 

each interim date and the final date of compliance.

(5) Effect of a permit

(a) A permit may be revoked, suspended or modified during its term for cause, under T.C.A. 

§69-3-108(f).

(b) The issuance of a permit does not convey any property rights of any sort, or any 

exclusive privilege.

(c) The issuance of a permit does not authorize any injury to persons or property or invasion 

of other property rights, or any infringement of other State, Federal or local laws or 

regulations. In particular, the issuance of a permit does not relieve a Class I, Class IV or 

Class V well permittee from any applicable requirement he may be subject to under the 

Tennessee Hazardous Waste Management Act (T.C.A. 6—46—101 et. seq.)

(6) Transfer of permits—A permit may be transferred by the permittee to a new owner or operator if 

the permit has been modified or revoked and reissued or a minor modification made.

(7) Public notice of permit actions and public comment period.

(a) Scope. The Department shall give public notice that the following actions have occurred:

1. A draft permit has been prepared. A draft permit shall contain:

(i) All permit conditions;

(ii) All compliance schedules for corrective action; and

(iii) All monitoring requirements.

(b) Upon request, the Department shall send to the requestor copies of the foregoing 

documents.

(c) Timing

1. Public notice of the preparation of a draft permit shall allow at least thirty (30) 

days for public comment.

2. Public notice of a public hearing shall be given at least thirty (30) days before the 

hearing. (Public notice of the hearing may be given at the same time as public 

notice of the draft permit and the two notices may be combined.)

(d) Methods. Public notices of permit actions shall be given by the following methods:
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 18

(Rule 1200—4—6—.08 continued)

1. By mailing a copy of a notice to the following persons (any person otherwise 

entitled to receive notice under this paragraph may waive his or her rights to 

receive notice for any classes and categories of permits):

(i) the applicant;

(ii) any other agency which the Department knows has issued or is 

required to issue a RCRA, PSD, NPDES or 404 permit for the 

same facility or activity;

(iii) federal, state and local agencies with jurisdiction over fish, 

shellfish, and wildlife resources; the Advisory Council on Historic 

Preservation, state historic preservation officers, and other 

appropriate government authorities, including any affected 

States;

(iv) persons on a mailing list developed by:

(I) notifying the public of the opportunity to be put 

on the mailing list through periodic publication in 

the public press and in other publications such 

as Regional and State funded newsletters, 

environmental bulletins, or State law journals; 

and

(II) including those who request in writing to be on 

the list. (The Department may update the 

mailing list from time to time by requesting 

written) indication of continued interest from 

those listed. The Department may delete from 

the list the name of any person who fails to 

respond to such a request.

2. By publication of a notice in a daily or weekly newspaper within the area to be 

affected by the facility or activity;

3. Any other method reasonably calculated to give actual notice of the action in 

question to the persons potentially affected by it, including press releases or any 

other forum or medium to elicit public participation.

(e) Contents. All public notices of permit actions shall contain the following minimum

information:

1. Name and address of the Department office processing the permit action for 

which notice is being given;

2. Name and address of the permittee or permit applicant and, if different, of the 

facility or activity regulated by the permit;

3. A brief description of the business conducted at the facility or activity described 

in the permit application;

4. A description of the type and quantity of wastes, fluids, or pollutants which are 

proposed to be injected;

5. A brief summary of the basis for the permit conditions;
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 19

(Rule 1200—4—6—.08 continued)

6. Reasons why any requested variances do or do not appear justified;

7. Name, address, and telephone number of a person from whom interested 

persons may obtain further information including copies of the draft permit, fact 

sheet when prepared, and the application;

8. A brief description of the applicable comment procedures including, the 

beginning and ending dates of the comment period, procedures for requesting a 

hearing, and any other procedures by which the public may participate in the 

final decision;

9. Reference to the date of previous public notices relating to the permit;

10. Date, time, and place of the hearing;

11. A brief description of the nature and purpose of the hearing including the 

applicable rules and procedures; and

12. Any additional information considered necessary or proper.

(f) Public comments and requests for public hearings. During the public comment period, 

any interested person may submit written comments on the permit application or draft 

permit and may request a public hearing. A request for a public hearing shall be in writing 

and shall state the nature of the issues proposed to be raised.

(g) Public hearings. The Department shall hold a public hearing whenever, as evidenced by

requests, there is public interest in a draft permit. A public hearing may also be held at 

the Department’s discretion to clarify issues in the permit.

(h) Consideration of comments and response.

1. All comments submitted during the public comment period and all hearing 

testimony shall be considered in making the final decision.

2. If a decision is reached to issue a final permit, the Department shall respond to 

comments when the permit is issued. This response shall:

(i) Be made available to the public;

(ii) Specify which provisions, if any, of the draft permit have been 

changed in the final permit, and the reasons for the change; and

(iii) Briefly describe and respond to all significant comments on the 

draft permit raised during the public comment period, or during 

any hearing.

(i) Notice of final permit decision.

1. After the close of the comment period, the Commissioner shall notify the 

applicant and each person who has submitted written comments, or requested 

notice, of the final permit decision. This notice shall contain reference to the 

procedures for appealing a permit decision.

2. A final permit decision shall become effective thirty (30) days after service of 

notice on the applicant of the final permit decision, unless a later date is specified 

in the notice, or a petition is filed pursuant to paragraph (j) or (k) below.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 20

(Rule 1200—4—6—.08 continued)

(j) Within thirty (30) days of receipt of notice of a final permit decision, or prior to any later 

date specified in the notice, any person other than the applicant who has filed comments 

on that permit, or its drafts, may petition the Board for a hearing on the permit or any 

condition of the permit. The petition shall include a statement of all of the permit 

conditions which are challenged and the reasons supporting the challenge. This hearing 

shall be legislative in nature and shall not be a contested case within the meaning of 

T.C.A. §4—5—102, the Uniform Administrative Procedures Act. The Board shall make a

recommendation on issuance or denial of the permit or permit conditions to the 

Commissioner that shall become final and effective in thirty (30) days if the 

Commissioner takes no action.

(k) Within thirty(30) days of receipt of notice of a final permit decision, the permit applicant 

may file a petition with the Board for a contested case hearing pursuant to T.C.A. §§69—

3—105 and 4—5—301 et seq.

(8) Modification or revocation and reissuance of permits.—When the Department determines that 

one or more causes exist for modification or revocation and reissuance of a permit, the 

Department may modify or revoke and reissue the permit accordingly, subject to the limitations of 

subparagraph (c) of this paragraph, and may request an updated application if necessary. When 

a permit is modified, only the conditions subject to modification are reopened. If a permit is 

revoked and reissued, the entire permit is reopened and subject to revision and the permit is 

reissued for a new term. If a permit modification satisfies the criteria for minor modifications, the 

permit may be modified without a draft permit or public review. Otherwise, a draft permit must be 

prepared and public review procedures as set out herein must be followed.

(a) Causes for modification. The following are causes for modification and may be causes 

for revocation and reissuances.

1. Alterations. There are material and substantial alterations or additions to the 

permitted facility or activity which occurred after permit issuance which justify the 

application of permit conditions that are different or absent in the existing permit.

2. Information. The Department has received information that was not available at 

the time of permit issuance (other than revised regulations, guidance, or test 

methods) and would have justified the application of different permit conditions at 

the time of issuance. This cause shall include any information indicating that 

cumulative effects on the environment are unacceptable.

3. New regulations. The standard or regulations on which the permit was based 

have been changed by promulgation of amended standards or regulations or by

judicial decision after the permit was issued. Permits other than for Class 11 or 

III wells may be modified during their terms for this cause, only as follows:

(i) For promulgation of amended standards or regulations, when:

(I) The permit condition requested to be modified was based on a 

Departmental regulation;

(II) The Department has revised withdrawn, or modified that portion 

of the regulation on which the permit condition was based; and

(III) A permittee requests modification within thirty (30) days after 

public notice of the action on which the request is based.

(ii) For judicial decisions, a court of competent jurisdiction has remanded 

and stayed Department promulgated regulations if the remand and stay 
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 21

(Rule 1200—4—6—.08 continued)

concern that portion of the regulations on which the permit condition was 

based and a request is filed by the permittee in accordance with these 

regulations within thirty (30) days of judicial remand.

4. Compliance schedules. The Department determines good cause exists for 

modification of a compliance schedule, such as an act of God, strike, flood, or 

materials shortage or other events over which the permittee has little or no 

control and for which there is no reasonably available remedy.

(b) Causes for modification or revocation and reissuance. The following are causes to modify 

or, alternatively, revoke and reissue a permit:

1. Cause exists for revocation and the Department determines that modification or 

revocation and reissuance is appropriate.

2. The Department has received notification of a proposed transfer of the permit.

(c) Facility siting. Suitability of the facility location will not be considered at the time of permit

modification or revocation and reissuance unless new information or standards indicate 

that a threat to human health or the environment exists which was unknown at the time of 

permit issuance.

(9) Revocation of permits or denial of renewal application.

(a) The Department may revoke a permit during term, or deny a permit renewal application 

for the following causes:

1. Noncompliance by the permittee with any condition of the permit;

2. The permittee’s failure in the application or during the permit issuance process to 

disclose fully all relevant facts, or the permittee’s misrepresentation of any

relevant facts at any time; or

3. A determination that the permitted activity endangers human health or the 

environment and can only be regulated to acceptable levels by permit 

modification or revocation.

(b) Notice of intent to revoke and reissue, or terminate. If the Department tentatively decides 

to revoke and reissue a permit, a notice of intent to revoke and reissue, or notice of intent 

to terminate shall be issued.

(10) Minor Modifications—Upon the consent of the permittee, the Department may modify a permit to 

make the corrections or allowances for changes in the permitted activity listed in this paragraph 

without following the entire permitting procedure. Minor modifications may only:

(a) Correct typographical errors;

(b) Require more frequent monitoring or reporting by the permittee;

(c) Change an interim compliance date in a schedule of compliance, provided the new date 

is not more than 120 days after the date specified in the existing permit and does not 

interfere with attainment of the final compliance date requirement;

(d) Change quantities or types of fluids injected which are injected within the capacity of the 

facility as permitted and, in the judgment of the Department would not interfere with the 

operation of the facility or its ability to meet conditions described in the permit and would 

not change its classification;
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 22

(Rule 1200—4—6—.08 continued)

(e) Change a construction requirement approved by the Department, provided that any such 

alteration shall comply with all requirements of this rule; or

(f) Amend a plugging and abandonment plan.

(g) Allow for a change in ownership or operational control of a facility where the 

Commissioner determines that no other change in the permit is necessary, provided that 

a written agreement containing a specific date for transfer of permit responsibility, 

coverage, and liability between the current and new permittees has been submitted to the 

commissioner.

(11) Confidentiality of information—The handling of confidential information shall be governed by

T.C.A. § 69-3-113.

(12) Signatories to applications and reports.

(a) Applications. All permit applications, shall be signed as follows:

1. For a corporation: by a responsible corporate officer. For the purpose of this part, 

a responsible corporate officer means (1) president, secretary, treasurer, or vicepresident of the corporation in charge of a principal business function or any 

other person who performs similar policy or decision making functions for the 

corporation, or (II) the manager of one or more manufacturing, production or 

operation facilities employing more than 250 persons or having gross annual 

sales or expenditures exceeding 25 million dollars (in second quarter 1980 

dollars), if authority to sign documents has been assigned or delegated to the 

manager in accordance with corporate procedures. Note: The Department does 

not require specific assignments or delegations of authority to responsible 

corporate officers identified in subpart (f). The Department will presume that 

these responsible corporate officers have the requisite authority to sign permit 

applications unless the corporation has notified the Commissioner to the 

contrary. Corporate procedures governing authority to sign permit applications 

may provide for assignment or delegation to applicable corporate positions under 

item (II) rather than the specific individuals.

2. For a partnership or sole proprietorship: by a general partner or the proprietor, 

respectively; or

3. For a municipality, State, Federal, or other public agency: by either a principal 

executive officer or ranking elected official.

(b) Reports. All reports required by permits, and other information requested by the 

Department, shall be signed by a person described in sub-paragraph (a) above or by a

duly authorized representative of that person. A person is a duly authorized 

representative only if:

1. The authorization is made in writing by a person described in subparagraph (a);

2. The authorization specifies either an individual or a position having responsibility 

for the overall operation of the regulated facility or activity, such as the position of 

plant manager, operator of a well or well field, superintendent, or position of 

equivalent responsibility (A duly authorized representative may thus be either a 

named individual or any individual occupying a named position.); and

3. The written authorization is submitted to the Department.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 23

(Rule 1200—4—6—.08 continued)

(c) Changes to authorization. If an authorization under subparagraph (b) is no longer 

accurate because a different individual or position has responsibility for the overall 

operation of the facility, a new authorization satisfying the requirements of subparagraph 

(b) must be submitted to the Department prior to or at the time any reports, information, 

or applications signed by an authorized representative are submitted.

(d) Certification. Any person signing a document under this section shall make the following 

certification.

“I certify under penalty of law that this document and all attachments were prepared 

under my direction or supervision in accordance with a system designed to assure that 

qualified personnel properly gather and evaluate the information submitted. Based on my 

inquiry of the person or persons who manage the system, or those persons directly 

responsible for gathering the information, the information submitted is, to the best of my

knowledge and belief, true, accurate, and complete. I am aware that there are significant 

penalties for submitting false information, including the possibility of fine and 

imprisonment for knowing violations.”

(13) Permit Requirements—All UIC permits shall contain permit 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., a description of the injection zone being permitted, and any 

necessary corrective action as stated under rule 1200—4—6—.09(5). The permit 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 (a) through (n) apply to all UIC permits. All conditions applicable to all 

permits shall be incorporated into the permits either expressly or by reference. If incorporated by

reference, a specific citation to these regulations must be given in the permit.

(a) The permittee must comply with all conditions of this permit and all applicable laws and 

regulations. Any permit noncompliance constitutes a violation of the Tennessee Water 

Quality Control Act and is grounds for enforcement action; for permit termination, 

revocation and reissuance, or modification; or for denial of a permit renewal application.

(b) If the permittee wishes to continue an activity regulated by this permit after the expiration 

date of this permit, the permittee must apply for and obtain a new permit prior to 

expiration of this permit.

(c) 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.

(d) The permittee shall take all reasonable steps to minimize or correct any adverse impact 

on the environment resulting from non-compliance with this permit.

(e) The permittee shall at all times properly operate and maintain all facilities and systems of 

related appurtenances) which are installed or used by the permittee to achieve 

compliance with the conditions of this permit. 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 the 

permit.

(f) This permit may be modified, revoked and reissued, or terminated for cause. The filing of 

a request by the permittee for a permit modification, revocation and reissuance, or 
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 24

(Rule 1200—4—6—.08 continued)

termination, or a notification of planned changes or anticipated noncompliance, does not 

stay any permit condition.

(g) This permit does not convey any property rights of any sort, or any exclusive privilege.

(h) The permittee shall furnish to the Department, within a time specified, any information 

which the Department may request to determine whether cause exists for modifying, 

revoking and reissuing, or terminating this permit, or to determine compliance with this 

permit. The permittee shall also furnish to the Department, upon request, copies of 

records required to be kept by this permit.

(i) The permittee shall allow Department personnel, or an authorized representative of the 

Department, upon the presentation of credentials to:

1. Enter upon the permittee’s premises where a regulated facility or activity is 

located or conducted, or where records must be kept under the conditions of this 

permit;

2. Have access to and copy, at reasonable times, any records that must be kept 

under the conditions of this permit;

3. Inspect at reasonable times any facility, equipment (including monitoring and 

control equipment), practices, or operations regulated or required under this 

permit; and

4. Sample or monitor at reasonable times, for the purposes or assuring permit 

compliance or as otherwise authorized by the Tennessee Water Quality Control 

Act, 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 permittee shall monitor injection 

fluids, injection operations, and local ground water supplies, in accordance with 

the requirements for the applicable class of well stated in rules 1200—4—6—.10 

through 1200—4—6—.14.

2. The permittee 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 permit, and records of all data used to 

complete the application for this permit, 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 

Department 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 Department may require the owner or operator 

to deliver the records to the Department at the conclusion of the 

retention period.

3. Records of monitoring information shall include:
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 25

(Rule 1200—4—6—.08 continued)

(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 Department shall be signed and 

certified.

(l) Reporting requirements.

(i) Planned Changes. The permittee shall give notice to the 

Department as soon as possible of any planned physical 

alterations or additions to the permitted facility.

(ii) Anticipated noncompliance. The permittee shall give advance 

notice to the Department of any planned changes in the 

permitted facility or activity which may result in noncompliance 

with permit requirements.

(iii) Transfers. See subsections (5), (7), (8) and (9) of this Rule.

(iv) Monitoring reports. Monitoring results shall be reported at the 

intervals specified elsewhere in this permit.

(v) 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.

(vi) Twenty-four hour reporting. The permittee 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 permittee becomes aware of the 

circumstances. A written submission shall also be provided 

within 72 hours of the time the permittee 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 
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 26

(Rule 1200—4—6—.08 continued)

expected to continue; and steps taken or planned to reduce, 

eliminate and prevent reoccurrence of the noncompliance.

(vii) Other noncompliance. The permittee shall report all instances of 

noncompliance not reported under paragraphs i, iv, v, and vi of 

this section, at the time monitoring reports are submitted. The 

reports shall contain the information listed in paragraph (l)(vi) of 

this section.

(viii) Other information. Where the permittee becomes aware that it 

failed to submit any relevant acts in a permit application, or 

submitted incorrect information in a permit application or in any 

report to the Department, it 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 1200—4—6—.11 and 1200—4—6—.12, a new injection well 

may not commence injection until construction is complete, and

1. The permittee has submitted notice of completion of construction to the Director; 

and

2. (i) The Department has inspected or otherwise reviewed the new 

injection well and finds it is in compliance with the conditions of 

the permit; or

(ii) The permittee has not received notice from the Director of his or 

her intent to inspect or otherwise review the new injection well 

within 13 days of the date of the notice in paragraph (m)(l) of this 

section, in which case prior inspection or review is waived and 

the permittee may commence injection. The Director shall 

include in his notice a reasonable time period in which he shall 

inspect the well.

(n) The permittee shall notify the Department at such times as the permit requires before 

conversion or abandonment of the well, or in the case of area permits, before closure of 

the project.

(o) The permittee shall at all times maintain sufficient financial resources to allow for the 

proper plugging and abandonment of the well. In the event of a change of ownership or 

other transfer of permit, the transferee shall provide proof of financial responsibility before 

continued operation. 

1. For Class I and III wells, a surety bond or cash bond shall be filed with the 

Department prior to permit issuance. At the Department’s discretion, other forms 

of financial assurance for Class I wells may be acceptable.

2. Class II wells shall have a surety bond or cash bond for a total of $4,000 per well. 

If there is an existing $2,000 bond with the Tennessee Oil and Gas Board, the 

bond under this rule shall be $2,000. If no bond currently exists, the bond shall 

be for $4,000.

3. At the Department’s discretion, a bond may be required for Class V wells.

(p) The owner or operator of a Class I, II or III well permitted under this part shall establish 

prior to commencing injection or on a schedule determined by the Department, and 
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 27

(Rule 1200—4—6—.08 continued)

thereafter maintain mechanical integrity for the well. When the Department determines 

that a Class I, II, or III well lacks mechanical integrity, the Department shall give written 

notice of the determination to the owner or operator. Unless the Department requires 

immediate cessation, the owner or operator shall cease injection into the well within 48 

hours of receipt of the Department’s determination. The Department may allow plugging 

of the well pursuant to the requirements of this rule or require the permittee to perform 

such additional construction, operation, monitoring, reporting and corrective action as is 

necessary to prevent the movement of fluid into or between USDWs caused by the lack 

of mechanical integrity. The owner or operator may resume injection upon written 

notification from the Department that the owner or operator has demonstrated 

mechanical integrity pursuant to this rule. The Department may allow the owner or 

operator of a well which lacks mechanical integrity to continue or resume injection, if the 

owner or operator has made a satisfactory demonstration that there is no movement of 

fluid into or between USDWs.

(q) A Class I, II or III permit shall include and a Class V permit 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 Department's review of an application indicates that 

the permittee's plan is inadequate, the Department may require the applicant to revise 

the plan, prescribe conditions meeting the requirements of this paragraph, or deny the 

permit. 

Authority: T.C.A. §69—3—105. Administrative History: Original rule filed August 9, 1985; effective 

September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed 

January x, 2010; effective date April x, 2010

1200—4—6—.09 General Standards And Methods.

(1) Applicability. The provisions of this subchapter set forth standards and requirements that apply to 

all classes of injection wells unless specifically excluded or contradicted by provisions applicable 

to a particular class of well.

(2) Supervisory Standard. All phases of well construction, testing and operation shall be supervised 

by a person who is knowledgeable and experienced in practical drilling engineering and who is 

familiar with the special conditions and requirements of injection well construction.

(3) Area of Review 

(a) Descriptions of the area of review are subject to approval by the Department according to 

either subpart 4(i) or (ii)) of this subparagraph. The Commissioner may solicit input from 

the owners and operators of injection wells within the State as to which method is most 

appropriate for each geographic area or field. In no event shall the boundary of an area 

of review be less than a radius of one (1) mile from any injection well covered by the 

appropriate authorization. The following factors are to be included in the description:

1. Chemistry of the injection and formation fluids;

2. Hydrogeology, including the direction of ground water movement; and

3. Ground water use and dependence; past, present, and future, as documented by 

public record and

4. The area of potential impact as determined by either subpart (i) the calculated zone 

of endangering influence or subpart (ii) a fixed radius.

(i) Zone of endangering influence.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 28

(Rule 1200—4—6—.09 continued)

(I) The zone of endangering influence shall be:

I. In the case of application(s) for well permit(s) under Rule 

1200-04-06-.08, that area the radius of which is the 

lateral distance in which the pressures in the injection 

zone may cause the migration of the injection and/or 

formation fluid into an underground source of drinking 

water; or

II. In the case of an application for an area permit, the 

project area plus a circumscribing area the width of 

which is the lateral distance from the perimeter of the 

project area, in which pressures in the injection zone 

may cause the migration of the injection and/or formation 

fluid into an underground source of drinking water.

(II) Computation of the zone of endangering influence may be based 

upon the parameters listed below and should be calculated for 

an injection time period equal to the expected life of the injection 

well or pattern. The following modified Theis equation illustrates 

one form which the mathematical model may take.

r = ‘(2.25KHt)

1/2

S10x

where:

X = 4πKH(hw-hboXSpGb

2.3Q

r = Radius of endangering influence from injection well 

(length)

K = Hydraulic conductivity of the injection zone 

(length/time)

H = Thickness of the injection zone (length)

t = Time of injection (time)

S = Storage coefficient (dimensionless)

Q = Injection rate (volume/time)

hbo = Observed original hydrostatic head of injection 

zone (length) measured from the base of the lowermost 

underground source of drinking water

hw = Hydrostatic head of underground source of drinking 

water (length) measured from the base of the lowermost 

underground source of drinking water

SpGb = Specific Gravity of fluid in the injection zone 

(dimensionless)

Π (pi) = 3.142 (dimensionless)

The above equation is based on the following assumptions:

I. The injection zone is homogeneous and isotropic;

II. The injection zone has infinite areal extent;
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 29

(Rule 1200—4—6—.09 continued)

III. The injection well penetrates the entire thickness of the 

injection zone;

IV. The well diameter is infinitesimal compared to “r”; when 

injection time is longer than a few minutes; and

V. The emplacement of fluid into the injection zone creates 

instantaneous increase in pressure.

(ii) Fixed radius.

(I) In the case of application(s) for a well permit(s), a fixed radius 

around the well of not less than one mile may be used.

(II) In the case of an application for an area permit, a fixed width of not 

less than one mile for the circumscribing area may be used.

In determining the fixed radius, the following factors shall be taken into 

consideration: chemistry of the injected and formation fluids; 

hydrogeology; population and ground-water use and dependence; and 

historical practices in the area.

(b) The Department may require an owner or operator of an existing or proposed injection 

well to submit information necessary to establish the area of review.

(4) Mechanical Integrity Standards.

(a) An injection well has mechanical integrity if there is no significant leak in the casing, 

tubing or packer, and if there is no significant fluid movement into USDWs through 

vertical channels in and adjacent to the injection well bore hole.

(b) The following tests shall be used to evaluate the mechanical integrity of an injection well:

1. Monitoring of annulus pressure, or pressure test with liquid or gas to detect any 

leaks in casing, tubing, or packer;

2. Appropriate geophysical logs to detect any fluid movement through vertical 

channels in and adjacent to the injection well borehole.

(c) The Department may allow the use of tests to evaluate mechanical integrity other than 

those listed in this Rule if such tests have been approved in writing by the Department 

and, if the Department receives authority for an underground injection control program 

from the U.S. E.P.A., the E.P.A. Administrator or his designee.

(d) Methods and standards generally accepted in the industry shall be applied in conducting 

and evaluating the tests required by this section.

(5) Corrective Action Standards

(a) Standards

1. Applicants for injection well permits shall identify the location of all known wells 

within the area of review which penetrate the injection zone, or in the case of 

Class II wells operating over the fracture pressure of the injection formation, all 

known wells within the area of review penetrating formations affected by the 

increase in pressure. For such wells which are improperly sealed, completed or 
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 30

(Rule 1200—4—6—.09 continued)

abandoned, the applicant shall also submit a plan consisting of such steps or 

modifications as are necessary to prevent movement of fluids into USDWs.

(b) Requirements

1. Any permit issued for an existing injection well (other than a Class II well) 

requiring corrective action shall include a compliance schedule requiring any

corrective action accepted or prescribed shall be completed as soon as possible.

2. No permit for a new injection well may authorize injection until all required 

corrective action has been taken.

(c) Injection pressure limitation—The Department may require as a permit condition that 

injection pressure be so limited that pressure in the injection zone does not exceed 

hydrostatic pressure at the site of any improperly completed or abandoned well within the 

area of review. This pressure limitation shall satisfy the corrective action requirement. 

Alternatively, such injection pressure limitation can be part of a compliance schedule and 

last until all other required corrective action has been taken.

(d) In determining the adequacy of corrective action to prevent fluid movement into or 

between formations containing USDWs, the following criteria and factors shall be 

considered by the Department:

1. Nature and volume of the injected fluid;

2. Nature of native fluids, and by-products of injection;

3. Potentially affected population;

4. Geology;

5. Hydrology;

6. History of the injection operation;

7. Completion and plugging records;

8. Abandonment procedures in effect at the time the well was abandoned; and

9. Hydraulic connections with formations containing USDWs.

(e) Class III wells only. 

When setting corrective action requirements, the Commissioner shall consider the overall 

effect of the project on the hydraulic gradient in the potentially affected USDWs, and the 

corresponding changes in potentiometric surface(s) and flow direction(s) rather than the 

discrete effect of each well. If a decision is made that corrective action is not necessary

based on the determinations above, the monitoring program required in Rule 1200-04-06-

.12 shall be designed to verify the validity of such determinations.

(6) Plugging and Abandonment Standards.

(a) An injection well, or a test or monitor well associated with an injection well, must be 

abandoned and plugged when:
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 31

(Rule 1200—4—6—.09 continued)

1. the well is no longer usable for its intended purpose or other purpose as 

approved by the Department;

2. the well poses a potential threat to the quality of the waters of the state; or

3. the well has not been operated for two (2) years.

(b) When it is necessary to plug and abandon a well covered by these regulations, an 

application for a plugging and abandonment permit will be submitted to the Department 

on the form prescribed. The application will include:

1. Reasons for abandonment;

2. A copy of the approved plugging and abandonment plan which was submitted 

with the application for construction or operation permits; and

3. Any modifications deemed necessary to the previously approved plugging and 

abandonment plan.

(c) The owner/operator of an abandoned injection well or facility may be required to submit 

all pertinent records of construction, operation and abandonment to the Department 

within a period of not less than one year following the date of abandonment.

(d) Any well that is to be permanently plugged and abandoned shall be completely filled and 

sealed in such a manner that vertical movement of fluid either into or between 

formation(s) containing USDWs through the bore hole is not allowed. The proposed 

method of filling and the type of material to be used shall be approved by the Department.

(e) As a minimum, permanent seals must be placed in the bore hole opposite (1) the 

lowermost confining bed, and (2) each intermediate confining bed between successive 

formation(s) containing USDWs.

(f) Seals intended to prevent vertical movement of water in a well bore hole shall be 

composed of cement, sand-and-cement, or concrete or other sealing materials 

demonstrated to the satisfaction of the Department to be effective.

(g) The minimum length of a seal required in (f), above, shall be 20 feet.

(h) The bore hole above the uppermost formation(s) containing a USDW shall be filled with 

materials less permeable than the surrounding undisturbed formations, the uppermost 

five (5) feet of the bore hole (at land surface) shall be filled with a material appropriate to 

the intended use of the land.

(i) The materials used to fill spaces between well seals shall be filled with disinfected 

dimensionally stable materials, compacted mechanically if necessary to avoid later 

settlement except that cement, cement and sand, and concrete do not require 

disinfection. disinfection of well filling materials shall be accomplished by using chlorine 

compounds such as sodium hypochlorite or calcium hypochlorite.

(j) Temporary bridges may be used to avoid having to fill very deep holes below the deepest 

point at which a permanent seal is required. Temporary bridges used to provide a base 

for a permanent seal shall consist of materials approved by the Department.

(k) After a cessation of operations of two years, the owner or operator shall plug and abandon 

the well in accordance with the plan unless he:
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 32

(Rule 1200—4—6—.09 continued)

1. Provides notice to the commissioner; and

2. Describes actions or procedures, satisfactory to the Commissioner that the owner or 

operator will take to ensure that the well will not endanger USDWs during the 

period of temporary abandonment. These actions and procedures shall include 

compliance with the technical requirements applicable to active injection wells 

unless waived by the Commissioner.

(7) Placement of sealing materials.

(a) Approved sealing materials used in abandonment operations shall be introduced at the 

bottom of the well or interval to be sealed and placed progressively upward to the top of 

the well. All such sealing materials shall be placed in such a way as to avoid segregation 

or dilution of the sealing materials. The method of emplacing materials shall be approved 

by the Department. Dumping sealing material from the top of the well shall not be 

allowed.

(b) Permanent seals shall be placed in wells or bore holes opposite confining beds between 

aquifers which are identifiable as, or are suspected of being, hydraulically separated 

under natural, undisturbed conditions. After the required seal has been installed, the 

remainder of the confining zone between formations containing USDWs may be filled 

with sand, sand and gravel, or other rock material acceptable to the Department.

(8) Special Conditions.

(a) The permanent sealing of flowing wells or wells that have a positive shut-in pressure 

head at the land surface shall be accomplished only after the wells have been prepared 

in such a way as to prevent any backflow of water or other fluids at the land surface. This 

can be accomplished by introducing high specific gravity fluids at the bottom of the bore 

hole and filling the hole with the fluid until all flow ceases or the shut-in pressure is 

reduced to zero. If the displaced fluid constitutes a contaminant, special handling will be 

required to avoid any threat to USDWs.

(b) Prior to abandonment, any Class I or Class III well or any monitoring well that extends to 

the top of the shallowest injection zone shall be sealed from the top of the shallowest 

injection zone to the land surface with neat cement grout or an approved equivalent 

cementitious material such as neat cement with a maximum of 5 percent by weight of 

commercially processed bentonite.

(c) The following shall be considered in determining the adequacy of a plugging and 

abandonment plan for injection wells:

1. The type and number of plugs to be used;

2. The placement of each plug including the elevation of the top and bottom;

3. The type, grade and quantity of plugging material to be used;

4. The method of placement of the plugs;

5. The procedure used to plug and abandon the well;

6. Any newly constructed or discovered wells, or information, including existing 

well data, within the area of review;

7. Geologic formations present including but not limited to type of strata, structure 

and location of any aquifer;
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 33

(Rule 1200—4—6—.09 continued)

8. Economic conditions; and

9. Such other factors that may affect the adequacy of the plan.

(9) Verification of Procedures.

(a) Except under emergency conditions the Department is to receive thirty (30) days 

advance notice of the intent to plug and abandon either an injection or monitoring well in 

order to permit Departmental personnel to witness the procedure.

(b) Within ninety (90) days after completion of plugging, the permittee shall provide to the 

Department documentation that the well was adequately plugged and abandoned.

(10) Evidence of financial responsibility shall be demonstrated to accomplish all actions required 

under these rules, including all plugging and abandonment activities. This financial responsibility 

requirement does not apply to those Class V wells which are permitted by rule.

(11) The Commissioner may require, by written notice on a selective well-by-well basis, an owner or 

operator of an injection well to establish and maintain records, make reports, conduct monitoring, 

and provide other information as is deemed necessary to determine whether the owner or 

operator has acted or is acting in compliance with T.C.A. § 69-3-101 et seq., Tennessee Water 

Quality Control Act or its implementing regulations.

(12) All injection wells must be placed on a plat with the Register of Deeds by the seller of the 

individual properties that the injection well is located on or the injection zone is beneath. The 

owner/operator of the injection well shall have contractual agreement for access to the injection 

well at all reasonable times.

(13) Any person owning or operating an injection well shall keep the Department advised of his or her 

current address and must readily accept all mail sent by the Department. For the purposes of this 

Rule, registered or certified mail sent with proper postage to the registered owner or operator’s 

last known address shall be considered adequate notification regardless of whether the mail is 

accepted or returned unclaimed.

Authority: T. C. A. §69—3—105. Administrative History: Original rule filed August 9, 1985; effective 

September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed 

February 17, 2010; effective date May 18, 2010

1200—4—6—.10 Class I Wells.

(1) The following are prohibited:

(a) Subsurface emplacement of fluids containing hazardous waste into ground water.

(b) Subsurface emplacement of waste fluids into ground water in a location containing 

extractable energy-related resources including but not limited to oil, gas, oilshale, coal 

and lignite. (See attached Figure A)

(c) Subsurface emplacement of waste fluids into ground water in areas characterized by

regional rock deformation such as of the magnitude that occurs in eastern Tennessee. 

(See attached Figure A)

(d) Subsurface emplacement of waste fluids into or beneath aquifers composed of 

uncemented sand such as occurs in western Tennessee. (See attached Figure A)
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 34

(Rule 1200—4—6—.10 continued)

(e) The application of pressures sufficient to initiate new fractures or propagate existing 

fractures in the injection or confining zone.

(2) Permit Application for Class I Wells

(a) Three separate and independent permits will be needed for Class I Wells. They are:

1. Construction permits;

2. Operating permits; and

3. Abandonment and plugging permits.

(b) The counties in the following list generally do not have the characteristics enumerated in 

rule 1200—4—6—.10(1) above. However, if such characteristics do exist in a particular 

location the prohibitions in section (1) above would apply.

Bedford Houston Perry

Cannon Humphreys Robertson

Cheatham Lawrence Rutherford

Coffee Lewis Smith

Davidson Lincoln Stewart

DeKalb Macon Sumner

Dickson Maury Trousdale

Franklin Marshall Warren

Giles Moore Williamson

Hickman Montgomery Wilson

(3) Construction Permit Requirements

(a) Feasibility Study—An application for a permit to construct a new Class I injection well or 

for a permit modification to inject a fluid which has not been authorized by the existing 

permit shall be considered only after a thorough evaluation of all reasonable disposal 

methods. This requirement shall be satisfied as follows:

1. Submission to the Department of a technical report providing:

(i) a characterization of the fluid to be injected;

(ii) the source of the fluid to be injected;

(iii) an evaluation of all reasonable methods of disposal which may be used 

for each fluid to be injected;

(iv) a demonstration of the effect of the fluid on the host rock and the ground 

water; and

(v) documentation that underground injection is a feasible means of the 

permitting process or disapprove the proposed injection well.

2. After a review, the Department, will either approve continuation of the permitting 

process or disapprove the proposed injection well.

(b) Description of Area—If the Department approves the feasibility study, a hydrogeologic 

description of the area surrounding the site of the proposed injection facility must be 
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 35

(Rule 1200—4—6—.10 continued)

submitted. The study area shall extend for at least a two and one-half miles (2 1⁄2) radius 

of the site. The description shall include but not be limited to the following:

1. A set of inventories and maps that shall provide the following information to the 

extent that such information is known to the applicant or is available in public 

records.

(i) A tabulation of data on all wells of public record (to include water wells) 

located within the study area, to include:

(I) method of construction,

(II) date drilled,

(III) location,

(IV) depth,

(V) record of plugging or completion, and

(VI) the present use of the well.

(ii) A tabulation of surface waters located within the study area to include:

(I) type

(II) location, and

(III) use.

(iii) A map(s) showing the location of:

(I) wells,

(II) surface waters, and

(III) other pertinent surface features such as roads, mines, quarries, 

residences and planned developments, within the study area.

2. Hydrogeological data including maps and cross sections showing local and 

regional geological structure, the horizontal and vertical extent of formation(s) 

containing a USDW, the proposed injection zone, and the direction of flow of 

water in each formation(s) containing a USDW and proposed injection zone.

3. After a review, the Department will either approve continuation of the permitting 

process or disapprove the proposed injection well.

(c) Construction Plans—Application for a permit to construct a Class I Well shall contain a 

proposed step-by-step drilling plan. The drilling plan must specify the proposed drilling, 

sampling, coring, and testing program and adhere to the design criteria and construction 

standards provided in this rule. If the Department determines that the construction permit 

application meets the requirements of subsections (d), (e), and (f) of this rule, the 

construction permit shall be issued.

(Rule 1200—4—6—.10 continued)
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 36

(d) Design Criteria

1. All Class I wells shall be designed and constructed in such a fashion they inject 

into a formation which is beneath the lowermost formation containing a USDWs.

2. All Class I wells shall be cased and cemented to prevent the movement of fluids 

into or between formation(s) containing a USDW and to maintain the quality of 

aquifers above the injection zone that may be used for monitoring or other 

purposes.

3. A deviation survey will be run at sufficiently frequent intervals to ensure that the 

casing can be set and centered for cementing.

4. The Department may require directional surveys, if, after an analysis of the well 

design and drilling program, it is deemed necessary.

5. The construction should be supervised by a person knowledgeable and 

experienced in drilling and completion of injection wells.

6. All Class I injection wells shall inject fluids through tubing with a packer set 

immediately above the injection zone, or tubing with an approved fluid seal as an 

alternative. The tubing, packer, and fluid seal shall be designed for the expected 

service.

(e) Casings

1. The casings used in the construction of each newly drilled Class I well shall be 

designed for the life expectancy of the well.

2. The number, thickness, type of materials, and length of casing shall be sufficient 

to protect the USDWs and the integrity of the well and the confining strata.

3. Exact setting depths for all casings shall be determined in the field, based on all 

available information, in order to best protect USDWs.

(f) Cementing—The applicant shall submit the proposed cementing program with the drilling 

plan. The proposed program should insure that an adequate bond can be achieved 

between the casing and the borehole.

1. The cementitious material used in the construction of each newly drilled well shall 

be designed for the life expectancy of the well. In determining and specifying 

casing and cementing requirements, the following factors shall be considered:

(i) depth to the injection zone;

(ii) depth to the bottom of all formation(s) containing USDWs;

(iii) injection pressure, external pressure, internal pressure, and axial 

loading;

(iv) hole size;

(v) size and grade of all casing strings (wall thickness, diameter, nominal 

weight, length, joint specification and construction material);

(vi) corrosiveness of injected fluid, formation fluids, and temperatures;

(vii) lithology of injection and confining zones;
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 37

(Rule 1200—4—6—.10 continued)

(viii) type, grade, and amount of cementitious material.

2. Cementitious material must be compatible with the injected fluid, native fluids, 

and the formations penetrated by the bore hole.

3. Use of additives to the cementitious materials used for mixing shall be 

determined by the applicant, provided the integrity, containment, corrosion

protection, and structural strength of the cementitious material are not 

significantly affected. Accurate records shall be kept and recorded of all additives 

used.

4. Prior to cementing, the hole shall be conditioned in such a way as to optimize 

bonding of the cement to the casing and formation, and to prevent channeling.

5. Placement of cementitious material shall be in such a manner that the purposes 

and characteristics of the cement are retained, and shall be subject to 

Department approval.

6. The applicant shall submit a cement testing program with the permit application 

for Department approval. The purpose of the cement testing program is to insure 

that the cement seal is adequate to prevent migration of fluids in channels, 

microannular spaces, or voids in the cement. The following methods of testing, 

as a minimum, shall be considered:

(i) pressure testing of casing - to not less than 1.5 times the expected 

injection pressure;

(ii) temperature log - must be run within forty-eight (48) hours after 

cementing; and

(iii) cement bond log.

(g) Testing during drilling and construction of new Class I wells.—Appropriate logs and other 

tests shall be conducted during the drilling and construction of new Class I wells. A 

descriptive report interpreting the results of such logs and tests shall be prepared by a

qualified log analyst and submitted to the Department. At a minimum, such logs and tests 

shall include:

1. Directional surveys on all holes that are constructed by first drilling a pilot hole, 

and then enlarging the pilot hole by reaming or another method. Construction of 

pilot holes is not encouraged.

2. Such other logs and tests as may be needed after taking into account the 

availability of similar data in the area of the drilling site, the construction plan, and 

the need for additional information. In determining which logs and tests shall be 

required, the following logs shall be considered for use in the following situations:

(i) For surface casing intended to protect USDWs:

(I) resistivity, spontaneous potential, and caliper logs before the 

casing is installed; and

(II) a cement bond, temperature, or density log after the casing is set 

and cemented.

(ii) For intermediate and long strings of casing intended to facilitate injection:
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 38

(Rule 1200—4—6—.10 continued)

(I) resistivity, spontaneous potential, porosity, and gamma ray and 

caliper logs before the casing is installed;

(II) fracture finder logs; and

(III) a cement bond, temperature, or density log after the casing is set 

and cemented.

3. The following information concerning the proposed injection zone shall be 

determined or calculated for new Class I wells:

(i) hydrostatic pressure head;

(ii) temperature of the native fluid;

(iii) geostatic pressure;

(iv) other physical and chemical characteristics of the proposed injection zone;

(v) physical and chemical characteristics of the native fluids;

(vi) generalized direction of fluid flow in the proposed injection zone; and

(vii) other information as deemed necessary by the Department

(h) Testing Integrity of Completed Class I Well(s)

1. The completed well(s) will be tested to assure that the well(s) will function as 

built. Tests to be considered shall include, but not be limited to, the followings:

(i) cement bond log;

(ii) temperature log;

(iii) pressure test of final casing to at least 1.5 times the expected injection 

pressure for one hour, with no pressure drop after temperature 

correction;

(iv) casing inspection log from top to bottom of the well for baseline 

monitoring purposes;

(v) injection tests; and

(vi) withdrawal tests - if necessary.

(i) Construction Reports

1. The Department shall be notified when drilling is to commence.

2. The Department will require periodic data reports and progress reports that may

include, but not be limited to, the following:

(i) driller’s log;

(ii) geophysical logs;

(iii) core analyses;
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 39

(Rule 1200—4—6—.10 continued)

(iv) lithologic log;

(v) drill stem test data;

(vi) injection or withdrawal test data;

(vii) pressure test data; and

(viii) construction progress reports.

3. Interpretation of data will be required in the data reports or progress reports at 

each milestone phase of construction such as completion of the pilot hole, 

completion of test well, and completion of well performance tests.

4. The applicant shall submit final reports of pertinent data collected with 

interpretations to the Department with the application for an Injection Well 

Operation Permit.

(4) Operating Permits

(a) Application for permit to operate any Class I well shall be complete and contain any 

information necessary to provide:

1. A feasibility study including all of the items required in rule 1200—4—6—.1 

0(3)(a). An up-to-date feasibility study must also be submitted with any request 

for renewal of an operating permit. If the feasibility study is not included, the 

application for renewal of an operating permit will not be complete.

2. A description of the area of review which applies to each Class I injection well in 

a manner acceptable to the Department. The description shall take into account 

the zone of endangering influence. A radius around the injection well field of not 

less than one mile shall be used as a minimum area of review. A determination of 

the area of review shall include, but not be limited to, the following information:

(i) the geologic and hydrologic characteristics of the host rock, and the 

confining unit separating the injection zone from the lowermost 

formation(s) containing a USDW;

(ii) the characteristics of the injection fluids and native fluids;

(iii) number of people residing in the area of review; and

(iv) ground water use and dependence; past, present, and future to the 

extent such information is known to the applicant or is on public record.

3. The compatibility of the non-hazardous injected fluid with both native fluid and 

the host rock of the intended injection zone must be demonstrated using 

laboratory or field data. 

4. Contingency plans to prevent pollution of any USDWs or surface water which 

may be caused by failure of the well or associated equipment.

5. A plan for plugging and abandonment of the proposed injection well. Plugging 

shall be accomplished so that the injection zones are completely isolated and 

the movement of fluids into any formation(s) containing a USDW or between
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 40

(Rule 1200—4—6—.10 continued)

formation(s) containing a USDW is prevented. Plugging shall also be 

accomplished so that surface water cannot enter the well.

6. A report on the status of any corrective action required under these rules.

(b) Operating Requirements for Class I Wells

1. Injection pressure shall not exceed a maximum of 0.60 psi/foot of depth from the 

land surface to the shallowest injection zone unless the applicant can 

demonstrate, to the satisfaction of the Department that a higher pressure can be 

used and will not initiate new fractures or propagate existing fractures in the 

injection zone.

2. Total pressure shall not exceed the maximum allowable stress of the materials 

used to construct the well.

3. Injection of wastewater between the outermost casing protecting USDWs and the 

inner tubing is prohibited.

4. All waste fluids to be emplaced shall be injected through tubing.

5. The annulus between the tubing and the long string of casing shall be filled with a 

fluid approved by the Department. A pressure, also approved by the Department 

shall be maintained on the annulus sufficient to allow for continuous monitoring of 

the mechanical integrity of the well.

6. The Department shall be notified when operation is to commence.

7. Other operational limitations shall be established as necessary on a case-by-case 

basis.

(c) Operation and maintenance Manual

1. Operation and maintenance procedure manual(s) shall be prepared for injection 

well disposal facilities, or parts thereof. 

The manual shall, at a minimum, contain appropriate information discussed in the 

remainder of this section. The Department may require that the manual be 

submitted as part of the application for an operating permit.

2. The required procedure shall provide for the reliable and efficient operation and 

maintenance of the injection well disposal facility, in accordance with the 

requirements of this rule.

3. The detail of the required manual shall be consistent with the complexity of the 

system. The manual shall be developed in accordance with the unique 

requirements of the individual injection well disposal facility and shall provide the 

operator with sufficient information and description regarding the design, 

operation, and maintenance criteria and features of the disposal facility involved.

4. Basic hydraulic and engineering design criteria for the injection well disposal 

facility shall be included in the manual, as well as information and procedures 

required for normal control and distribution of effluent within the injection well 

disposal facility.

5. Information concerning process control and performance evaluation for the 

facility shall be included, as well as equipment and procedural descriptions for 
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 41

(Rule 1200—4—6—.10 continued)

emergency operating conditions, alternate discharge as a back-up procedure, 

and listing of spare parts to have on hand. Regular maintenance of all 

equipment, repair, safety, and monitoring procedures, laboratory, lab testing 

equipment, and personnel requirements, and a “trouble shooting” problem guide 

shall also be included in the manual.

6. A copy of the manual shall be provided to the operator of the injection facility by 

the permittee. The manual shall be available for reference at the facility or other 

approved site. The permittee shall maintain at least one copy of the manual.

7. The Department may require revisions to the manual to reflect any facility 

modifications per-formed in order to comply with the requirements of this chapter, 

or to reflect experience resulting from facility operation.

(d) Abnormal Events

1. In the event the permittee is temporarily unable to comply with any of the 

conditions of a permit that may result in imminent harm to the public health or to 

the environment due to breakdown of equipment, power outages, destruction by

hazard of fire, wind, or by other cause, the permittee of the facility shall 

immediately cease injection and shall notify the Department. Notification shall be 

made in person, by telephone, or by telegraph to the nearest office of the 

Department within 24 hours of breakdown or malfunction.

2. A written report shall be required by the Department within 72 hours of the 

notification referenced in (d)(l), above. The report shall describe the nature and 

cause of the breakdown or malfunction, the steps being taken or planned to be 

taken to correct the problem and prevent its reoccurrence, emergency 

procedures in use pending correction of the problem, and the time when the 

facility will again be operating in accordance with permit conditions.

3. Under emergency conditions in which the permittee is unable to use the 

permitted well, the permittee may use an alternate discharge only with prior 

approval of the Department. The applicant shall address the alternate disposal 

method in the permit application and the operating manual.

4. In the event, a well must be developed, the applicant shall address disposal of 

backwashed fluids. The disposal method shall be approved by the Department.

(e) Operational Monitoring Requirements

1. In determining the type, number, depth, and location of monitoring wells to be 

used and the parameters to be measured, the following criteria shall, as a 

minimum, be considered:

(i) the local geology and hydrology,

(ii) the extent of the area of review;

(iii) the proximity of the injection operation to points of withdrawal of drinking 

water;

(iv) the operating pressures and attendant hydraulic gradients;

(v) the physical and chemical character of the injected fluid; and
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 42

(Rule 1200—4—6—.10 continued)

(vi) the number, type, location, and depth of water wells in the area of 

review.

2. The Department shall be allowed access at reasonable times to the permittee’s 

property and records for the purpose of inspections and the collection of samples 

for analyses from the wastewater streams associated with the permitted wells.

3. The physical and chemical quality of the native fluid in the injection zone and in 

the zone(s) to be monitored shall be established prior to injection.

4. The injected fluid shall be analyzed with sufficient frequency to yield 

representative data on its characteristics.

5. Continuous indicating and recording devices shall be used to monitor fluid level 

or closed-in surface pressure in monitor wells other than the injection wells.

6. The mechanical integrity of the injection well system shall be examined and 

evaluated at least once every three years in accordance with the standards 

contained in this rule.

(f) Class I injection wells shall be monitored as follows:

1. Continuous indicating and recording devices shall be installed and used to 

monitor the following:

(i) injection rate and daily volume of injected fluids;

(ii) injection pressure; and

(iii) pressure maintained on the annulus between the injection tubing and the 

long string of casing.

2. Determination shall be made at least twice monthly of the injectivity index of each 

well used for injection. The method of determination shall be subject to the 

approval by the Department.

(g) Sampling frequency and procedure for monitoring wells other than the injection well shall 

include, but not be limited to:

1. The fluids in the zone to be monitored shall be sampled and analyzed with 

sufficient frequency to yield representative data on its characteristics. The 

frequency shall be at least monthly.

2. Constituents to be monitored shall be those determined appropriate based on the 

nature of the waste being injected.

3. Samples must be collected by a method insuring that the sample is 

representative of the fluid in the zone to be monitored. The method shall be 

subject to approval by the Department.

(h) Operation Reports

1. The applicant must submit, for Department approval, his proposed methodology 

for collection and reporting of operational data, to insure that data is collected, 

correlated, and reported in a fashion that would enable the agency to evaluate 

well performance.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 43

(Rule 1200—4—6—.10 continued)

2. Reporting requirements shall, at a minimum, include:

(i) Quarterly reporting to the Department;

(ii) Monthly average, maximum and minimum values for injection pressure, 

flow rate, volume, and annular pressure; and

(iii) Results of mechanical integrity and any other periodic test required by

the Department shall be reported with the first regular quarterly report 

after the completion of the test.

3. The results of analyses of representative samples of the injected fluid and water 

from the monitoring wells shall be submitted on a quarterly basis to the 

Department. Parameters for such analyses shall be established on an individual 

basis.

(i) Ambient Monitoring

1 Based on a site-specific assessment of the potential for fluid movement from the 

well or injection zone and on the potential value of monitoring wells to detect 

such movement, the Department shall require the owner or operator to develop a 

monitoring program. At a minimum, the Department shall require:

(i) Monitoring of the pressure buildup in the injection zone annually, 

including a shut down of the well for a time sufficient to conduct a valid 

observation of the pressure fall-off curve; and

(ii) Periodic monitoring of the ground water quality in the first aquifer 

overlying the injection zone. 

2 When prescribing a monitoring system the Department may also require: 

(i) Continuous monitoring for pressure changes in the first aquifer overlying 

the confining zone. When such a well is installed, the owner or operator 

shall, on a quarterly basis, sample the aquifer and analyze for 

constituents specified by the Department; 

(ii) The use of indirect, geophysical techniques to determine the position of 

the waste front, the water quality in a formation designated by the 

Department, or to provide other site specific data; 

(iii) Periodic monitoring of the ground water quality in the lowermost USDW;

and 

(iv) Any additional monitoring necessary to determine whether fluids are 

moving into or between USDWs. 

(5) Plugging and Abandonment Permits

(a) Upon the occurrence of any of the conditions stated in rule 1200—4—6—.09(6)(a), the 

owner or operator of the well shall submit an application for a permit for plugging and 

abandonment of the well.

(b) Before any injection well is plugged, the owner or operator shall obtain a permit for the 

plugging of the well.

(c) The application shall include the items stated in rule 1200—4—6—.09(6)(b).
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 44

(Rule 1200—4—6—.10 continued)

(d) If the Department finds that the application meets all requirements of these rules, then 

the permit for plugging and abandonment of the well shall be issues.

(e) Upon completion of plugging and abandonment of a well or wellfield, the permittee shall 

submit to the Department a Final Report, in accordance with the standards described in 

rule 1200—4—6—.09(6), which shall include, but will not be limited to, the following:

1. Daily construction reports;

2. Certification of completion in accordance with approved plans and specifications 

by a person knowledgeable and experienced in the field; and

3. Evidence, such as a sealed copy or certification from the county clerk, that a 

surveyor’s plot of the location of the abandoned wells has been recorded in the 

county courthouse property records.

(f) The Department shall require post-closure monitoring of Class I wells for at least three (3) 

years. Results of such monitoring shall be reported quarterly to the Department.

Authority: T.C.A. 69—3—105. Administrative History: Original rule filed August 9, 1985; effective 

September 8,1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed 

January x, 2010; effective date April x, 2010

1200—4—6—.11 CLASS II WELLS A permit must be obtained from the Department prior to the 

operation of any Class II injection well except existing Class II enhanced recovery wells and hydrocarbon 

storage wells. This requirement is in addition to and separate from any approval or regulatory procedure 

required by the Tennessee Oil and Gas Board, Department of Environment and Conservation.

(1) Permit Applications

(a) For Class II wells, the Department shall require an applicant to furnish a demonstration 

of commercial producibility which shall be made as follows:

1. For a Class II well to be used for enhanced oil recovery processes in a field or 

project containing aquifers from which hydrocarbons were previously produced, 

commercial producibility shall be presumed by the Department upon evidence 

that production has occurred in the project area or field.

2. For Class II wells not located in a field or project from which hydrocarbons were 

previously produced, information such as logs, core data, formation description, 

formation depth, formation thickness, and formation parameters such as 

permeability and porosity shall be considered by the Department to the extent 

such information is available.

(b) Permit applications for Class II wells shall be submitted by the applicant using the

appropriate permit application form promulgated by the Department and shall contain 

any attachments necessary to provide:

1. facility name and location;

2. name and address of legal contacts (agents of process);

3. ownership of facility, including address;

4. a map and a tabulation of data as required by rule 1200—4—6—.10(3)(b)1.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 45

(Rule 1200—4—6—.11 continued)

5. a description of the proposed injection system including type and construction of 

injection wells, nature of injected fluid and any proposed pretreatment;

6. a statement of estimated daily volume of fluid to be injected and maximum

injection pressure;

7. appropriate logs of the well with the proposed injection zone marked, in the case 

of a well already drilled, or; in the case of undrilled wells a statement of the 

proposed zone to be used for disposal and the approximate depth of said zone;

8. a schematic diagram of the proposed Class II well showing the casing and 

cementing program together with an explanation thereof; and

9. a statement by the applicant that the proposed Class II well(s) will be completed 

in such a manner to insure that the injected substances are injected into the 

proposed injection zone and that provisions have been made for adequate 

protection of formation(s) containing USDWs and any other zone of commercial 

value.

10. proposed formation testing program to obtain the information required by rule 

1200-4-6-.11(5)(b).

11. proposed stimulation program

12. proposed injection procedure

13. proposed contingency plans, if any, to address well failures so as to prevent 

migration of contaminating fluids into a USDW.

14. plans for meeting the monitoring requirements of rule 1200-4-6-.11(6).

(c) Reserved 

(d) Additional requirements for Class II enhanced recovery wells—Applications for Class II 

enhanced recovery wells must include a description of the reservoir to be enhanced and 

a state statement relative to the necessity for the use of wells to enhance production of oil 

or natural gas.

(e) Additional Requirements for Class II Hydrocarbon Storage Wells

Applications for Class II hydrocarbon storage wells must include the following:

1. a map showing the known areal extent of the reservoir to be used for storage and 

the location of all wells or test holes known to extend into or through the 

proposed reservoir.

2. a series of maps and geologic cross-sections showing the known subsurface 

position and structure of the reservoir, the nature of the horizontal and vertical 

boundaries of the reservoir, and the thickness of the reservoir.

3. a tabulation of the type, construction, depth and current condition of each well or 

test hole located within the area covered by the reservoir map required above.

4. a description of the procedures to be used to plug or work over existing wells or 

test holes to prevent migration of injected substances into any aquifer other than 

the proposed storage reservoir.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 46

(Rule 1200—4—6—.11 continued)

5. a description of the method, procedures and devices for testing the integrity of 

the proposed reservoir to contain the injected substances within the bounds of

the reservoir.

(f) The Department may issue a permit on an area basis rather than for each Class II well 

individually provided that the injection wells are:

1. described and identified by location in permit application(s) if they are existing 

wells, except that the Department may accept a single description of wells with 

substantially the same characteristics;

2. within the same well field, facility site, reservoir, project, or similar unit in the 

same State;

3. operated by a single owner or operator; and

4. used to inject other than hazardous waste.

(g) Area permits shall specify:

1. the area within which underground injections are authorized; and

2. the requirements for construction, monitoring, reporting, operation, and 

abandonment, for all wells authorized by the permit.

(h) The area permit may authorize the permittee to construct and operate, convert, or plug 

and abandon wells within the permit area provided:

1. the permittee notifies the Department at such time as the permit requires;

2. the additional well satisfies the criteria in paragraph (f) of this section and meets 

the requirements specified in the permit under paragraph (g) of this section; and

3. the cumulative effects of drilling and operation of additional injection wells are 

considered by the Department during evaluation of the area permit application 

and are acceptable to the Department.

(i) If the Department determines that any well constructed under an area permit does not 

satisfy any of the requirements of this section, the Department may modify the permit, 

terminate, or take enforcement action. If the Department determines that cumulative 

effects of additional wells are unacceptable, the permit may be modified or revoked.

(2) Construction of Class II Wells

(a) All Class II wells shall be cased and cemented to prevent the movement of fluids into or 

between USDWs and to maintain the quality of aquifers above the injection zone that 

may be used for monitoring or other purposes.

(b) All Class II wells shall be designed and constructed in such a fashion that they inject into 

a formation which is beneath the lower-most formation(s) containing USDWs. Class II 

wells shall be sited in such a fashion that they inject into a formation which is separated 

from any formation(s) containing USDWs by a confining zone that is free of known open 

faults or fractures within the area of review.

(c) In the design specifications for Class II wells, the applicant shall address the problem of

corrosion, proposed protective measure(s), and if appropriate, proposed methods of 
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 47

(Rule 1200—4—6—.11 continued)

monitoring the extent of corrosion subject to Department approval. The applicant shall 

consider thickness and type of cement, number and thickness of casings, casing 

material, casing coatings, native fluid quality, injection fluid quality and life expectancy of 

the well.

(d) Class II wells shall inject fluids through tubing with a packer set immediately above the 

injection zone, or tubing with an approved fluid seal as an alternative. The tubing, packer, 

and fluid seal shall be designed for the expected service.

1. The use of other alternatives may be allowed with the written approval of the 

Department and if the Department receives authority from U.S. E.P.A. for an 

underground injection control program, the EPA Administrator or his designee. 

To obtain approval, the applicant shall submit a written request to the 

Department, which shall set forth the proposed alternative and all technical data 

supporting its use. The Department will approve the request if the alternative 

method is deemed capable of providing a comparable level of protection to 

USDWs.

2. In determining and specifying requirements for tubing, packer, or alternatives, the 

following factors shall be considered:

(i) depth of setting;

(ii) characteristics of injection fluid (chemical content and corrosiveness);

(iii) injection rate and pressure;

(iv) annular pressure;

(v) temperature, volume, viscosity, and density of injected fluid; and

(vi) type and size of casing.

(e) Department approval is required prior to any remedial procedures that alter the basic 

design specifications, materials, or character of the well.

(3) Casings

(a) The casings used in the construction of each newly drilled Class II well shall be designed 

for the life expectancy of the well.

(b) The number, thickness, type of materials, and length of casing shall be sufficient to 

protect the quality of drinking water resources and the integrity of the well and the 

confining strata.

(c) Exact setting depths for all casings shall be determined in the field, based on all available 

information, and subject to the Department’s approval.

(4) Cementing

(a) The cementitious material used in the construction of each newly drilled well shall be 

designed for the life expectancy of the well. In determining and specifying casing and 

cementing requirements, the following factors shall be considered:

1. depth to the injection zone;
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 48

(Rule 1200—4—6—.11 continued)

2. depth to the bottom of all formation(s) containing USDWs;

3. injection pressure and external loading;

4. hole size;

5. size and grade of all casing strings (wall thickness, diameter, nominal weight, 

length, joint specification and construction material);

6. corrosiveness of injected fluid, formation fluids, and temperatures;

7. lithology of injection and confining zones; and

8. type or grade of cementitious material.

(b) In addition, the Department may consider the following factors:

1. nature of formation fluids, and

2. external pressures, internal pressure and axial loading.

(c) Cementitious material must be compatible with the injected fluid, native fluids, and the 

formation.

(d) Use of the cementitious materials used for mixing shall be determined by the applicant, 

provided the integrity, containment, corrosion protection, and structural strength of the 

cement are not significantly affected. Accurate records shall be kept and recorded of all 

additives used.

(e) Prior to cementing, the hole shall be conditioned in such a way as to optimize bonding 

of the cement to the casing and formation, and to prevent channeling.

(f) Placement of cementitious material shall be in such a manner that the purposed and 

characteristics of the cement are retained, and shall be subject to Department 

approval.

(g) The applicant shall submit his cement testing program with the permit application for 

Department approval. The purpose of the cement testing program is to insure that the 

cement seal is adequate to prevent migration of fluids in channels, microannular space, 

or voids in the cement. The following methods of testing, as a minimum, shall be 

considered:

1. pressure testing of casing - to not less than 1.5 times the expected injection 

pressure;

2. temperature log; and

3. cement bond log.

(5) Testing for Class II Wells

(a) Appropriate logs and other tests shall be conducted during the drilling and construction of 

new Class II wells. A descriptive report interpreting the results of that portion of those 

logs and tests which specifically relate to (1) a USDW and the confining zone adjacent to 

it, and (2) the injection zone and adjacent formations shall be prepared by a

knowledgeable log analyst and submitted to the Department. At a minimum, these logs 

and tests shall include:
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 49

(Rule 1200—4—6—.11 continued)

1. Deviation checks on all holes constructed by first drilling a pilot hole and then 

enlarging the pilot hole, by reaming or another method. Such checks shall be at 

sufficiently frequent intervals to assure that vertical avenues for fluid movement 

in the form of diverging holes are not created during drilling.

2. Such other logs and tests as may be needed after taking into account the 

availability of similar data in the area of the drilling site, the construction plan, and 

the need for additional information that may arise from time to time as the 

construction of the well progresses. In determining which logs and tests shall be 

required, the following shall be considered by the Department in setting logging 

and testing requirements:

(i) For surface casing intended to protect USDWs in areas where the 

lithology has not been determined:

(I) electric and caliper logs before casing is installed; and

(II) a cement bond, temperature, or density log after the casing is set 

and cemented.

(ii) For intermediate and long strings of casing intended to facilitate injection:

(I) electric, porosity and gamma ray logs before the casing is 

installed;

(II) fracture finder logs; and

(III) a cement bond, temperature, or density log after the casing is set 

and cemented.

(b) At a minimum, the following information concerning the injection formation shall be 

determined or calculated for new Class II wells or projects:

1. fluid pressure;

2. estimated fracture pressure; and

3. physical and chemical characteristics of the injection zone.

(c) Prior to commencement of injection, wells shall be tested to assure the initial integrity of 

the casing, tubing and packer, if used, including pressure testing of the casing-tubing 

annulus.

(d) At least once every five years thereafter, injection wells shall be tested to assure their 

continued mechanical integrity. The results of these tests shall be reported to the 

Department. Tests demonstrating continued mechanical integrity shall include the 

following:

1. measurement of annular pressures in wells injecting at positive pressures under 

a packer or a balanced-fluid seal;

2. pressure testing of the casing-tubing annulus for wells injecting under vacuum 

conditions; and

3. such other tests which are demonstrably effective and which may be approved 

for use by the Department.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 50

(Rule 1200—4—6—.11 continued)

(e) Notwithstanding the test procedures outlined above, the Department may require more 

comprehensive testing of the injection wells when deemed advisable, including the use of 

tracer surveys, noise logs, temperature logs, or other test procedures or devices.

(f) The Department may order special tests to be conducted prior to the expiration of five 

years if conditions are believed to so warrant. Any such special test which demonstrates 

continued mechanical integrity of a well shall be considered the equivalent of an initial 

test for test scheduling purposes, and the regular five -year testing schedule shall be 

applicable thereafter.

(g) The injection well operator shall advise the Department of the date and the time of that

initial, a five-year, or special tests are to commence in order that such tests may be 

witnessed.

(h) Injection pressure at the wellhead shall not exceed a maximum which shall be calculated 

so as to assure that the pressure during injection does not initiate new fractures or 

propagate existing fractures in the confining zone adjacent to USDWs. In no case shall 

injection pressure cause the movement of injection or formation fluids into USDWs.

(i) Injection between the outermost casing protecting USDWs and the well bore is 

prohibited.

(6) Monitoring Requirements

(a) Class II wells shall be so equipped that the flow rate, injection pressure and annular 

pressure can be determined at any time for each well.

(b) The permittee shall monitor the nature of injected fluids at time intervals sufficiently 

frequently to yield data representative of their characteristics;

(c) The permittee shall make observation of injection pressure, flow rate, and cumulative 

volume at least daily.

(d) The results of all monitoring shall be maintained by the operator and made available to 

the Department upon request.

(e) The Department may grant administrative exception to the requirement set forth in 

paragraph (c), of this subsection.

(f) Hydrocarbon storage and enhanced recovery may be monitored on a field or project 

basis rather than on an individual well basis by manifold monitoring. Manifold monitoring 

may be used in cases of facilities consisting of more than one injection well, operating 

with a common manifold. Separate monitoring systems for each well are not required 

provided the owner/operator demonstrates that manifold monitoring is comparable to 

individual well monitoring.

(g) Monitoring requirements shall, at a minimum, include: 

1 Monitoring of the nature of injected fluids at time intervals sufficiently frequent to 

yield data representative of their characteristics; 

2. Observation of injection pressure, flow rate, and cumulative volume at least with 

the following frequencies: 

(i) Weekly for produced fluid disposal operations; 
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 51

(Rule 1200—4—6—.11 continued)

(ii) Monthly for enhanced recovery operations; 

(iii) Daily during the injection of liquid hydrocarbons and injection for 

withdrawal of stored hydrocarbons; 

(iv) Daily during the injection phase of cyclic steam operations; and

(v) Recording of one observation of injection pressure, flow rate and 

cumulative volume at reasonable intervals no greater than 30 days. 

3. Maintenance of the results of all monitoring until the next permit review.

(7) Commencement, Discontinuance, and Abandonment of Injection Operations

The following provisions shall apply to all Class II wells.

(a) Notice of Commencement and Discontinuance

1. Immediately upon the commencement of injection operations in any well, the 

operator shall notify the Division of the date such operations began.

2. Within 30 days after permanent cessation of hydrocarbon storage operations or 

within 30 days after discontinuance of injection operations into any other well, the 

operator shall notify the Department of the date of such discontinuance and the 

reasons therefore. No injection well may be temporarily abandoned for a period 

exceeding six months unless the owner/operator demonstrates to the satisfaction 

of the Department that there is a continuing need for such a well, that the well 

exhibits mechanical integrity, and that continued temporary abandonment will not 

endanger USDWs. Written permission is required.

(b) Abandonment of Injection Operations

1. Whenever there is a continuous two (2) year period of non-injection into any 

Class II well, such project or well must be plugged and abandoned, and the 

authority for injection shall automatically terminate, unless the owner/operator 

demonstrates to the satisfaction of the Department that there is a continuing 

need for such a well, that the well exhibits mechanical integrity, and that 

continued temporary abandonment will not endanger USDWs. Written 

permission is required.

2. Before any injection well is plugged, the operator shall obtain approval for the 

well’s plugging program from the Department.

3. For good cause shown, the Department may grant an administrative extension or 

extensions of injection authority as an exception to paragraph (1) above.

(c) Prior to granting approval for the plugging and abandonment of a Class II well the 

Department shall consider the following information:

1. The type and number of plugs to be used;

2. The placement of each plug including elevation top and bottom;

3. The type, grade, and quantity of cement to be used; and

4. The method of placement of the plugs.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 52

(Rule 1200—4—6—.11 continued)

5. The procedure used to meet the requirements of rule 1200-4-6-.04.

(8) Reporting Requirements

(a) Annual reporting to the Department summarizing the results of monitoring required under 

paragraph (6) of this section is required. Such summary shall include monthly records of 

injected fluid, and any major changes in characteristics or sources of injected fluid.

(b) Owners or operators of hydrocarbon storage and enhanced recovery projects may report 

on a field or project basis rather than an individual field basis where manifold monitoring 

is used.

(c) The Department may require a demonstration of mechanical integrity prior to approving 

transfer of authority to inject. Prior to approval to inject, the permittee must supply to the 

Department the following:

1. the anticipated maximum pressure and flow rate at which the well will operate;

2. the results of the formation testing program; 

3. the actual injection procedure; and

4. for new wells, the status of corrective action on defective wells in the area of 

review.

(9) Removal of Produced Water from Leases and Field Facilities

(a) Produced water shall not be stored or disposed of in any unlined pit, pond, lake or 

depression or in any other place in a manner that will constitute a hazard to any USDWs.

(b) Transportation of any produced water by motor vehicle from any lease, central tank 

battery, or other facility, without approval of the Department is prohibited.

(c) Authorization to transport produced water may be obtained by submitting a request to the 

Department.

(d) No owner or operator shall permit produced water to be removed from its leases or field 

facilities by motor vehicle except by a person possessing Department approval.

(10) Disposition of Transported Produced Water

(a) No person transporting produced water may dispose of such water on the surface of the 

ground, or in any pit, pond, lake, depression, draw, or in any watercourse, or in any other 

place or in any manner which will constitute a hazard to any USDW.

(b) Delivery of produced water to approved wastewater disposal facilities, enhanced 

recovery injection facilities, or to a drill site for use in drilling fluid will not be construed as 

constituting a hazard to USDWs provided the produced waters are placed in tanks or 

other impermeable storage at such facilities.

(c) The Department may grant temporary exceptions for emergency situations, for use of 

produced water in road construction or maintenance or for use of produced waters for 

other construction purposes upon request and a proper showing by a holder of a 

Department approval to move produced water.

(11) Existing Class II enhanced recovery wells and hydrocarbon storage wells.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 53

(Rule 1200—4—6—.11 continued)

Class II wells in current operation upon the effective date of this rule shall file an application within 

6 months of the effective date of this rule. No application fee will be required. Failure to file an 

application by the required date shall make the wells in violation of Rule Chapter 1200-4-6 and 

subject to the new application fee or closure.

(a) An existing Class II enhanced recovery or hydrocarbon storage injection well is authorized 

by rule, if the owner or operator injects into the existing well within one year after the date 

which the State of Tennessee’s UIC program is authorized under the Federal Safe 

Drinking Water Act and becomes effective. An owner or operator of a well which is 

authorized by rule pursuant to this paragraph shall re-work, operate, maintain, plug, 

abandon or inject into the well in compliance with applicable regulations.

(b) Duration of well authorization by rule. Well authorization under this paragraph expires 

upon the effective date of a permit issued after plugging and abandonment in accordance 

with an approved plugging and abandonment plan pursuant to these Rules and upon 

submission of a plugging and abandonment report.

(c) Prohibitions on injection. An owner or operator of a well 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;

4. Upon failure to comply with a request for information in a timely manner;

5. Upon failure to provide alternative financial assurance;

6. Forty-eight hours after receipt of the determination by the Commissioner that the 

well lacks mechanical integrity, unless the Commissioner requires immediate 

cessation; or

7. Upon receipt of notification from the Commissioner that the transferee has not 

demonstrated financial responsibility.

(d) Requirements. The owner or operator of a well authorized under this paragraph shall 

comply with the applicable requirements of this Rule. Such owner or operator shall 

comply with the casing and cementing requirements no later than 1 year and other 

requirements no later than 1 year after authorization.

Authority: T.C.A. 169—3—105. Administrative History: Original rule filed August 9, 1985; effective 

September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed 

February 17, 2010; effective date May 18, 2010

1200—4—6—.12 Class III Wells.

(1) Permit Application

(a) For Class III wells, the Department shall require an applicant to furnish a feasibility study 

demonstrating the applicability of the injection well method of mining.

(b) A permit must be obtained from the Department prior to the operation of any Class III 

well. Prior to granting approval for operation of a Class III well or project, the Department 
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 54

(Rule 1200—4—6—.12 continued)

shall consider all relevant information developed during the construction phase as well as 

any information submitted in the permit application and supporting documents.

(c) Permit applications for Class III wells shall be submitted by the applicant using the 

appropriate permit application form promulgated by the Department and shall contain any 

attachments necessary to provide:

1. facility name and location;

2. name and address of legal contacts (agents of process);

3. ownership of facility, including address;

4. a map and a tabulation of data as required by rule 1200—4—6—.10(3)(b)1.

5. a description of the proposed injection system including type and construction of 

injection wells, nature of injected fluid and any proposed pretreatment;

6. a statement of estimated daily volume of fluid to be injected and maximum 

injection pressure;

7. an electric log of the well with the proposed injection zone marked, in the case of 

a well already drilled, or; in the case of undrilled wells a statement of the 

proposed zone to be mined and the approximate depth, top and bottom, of said 

zone;

8. a schematic diagram of the proposed Class III well showing the casing and 

cementing program together with an explanation thereof; and

9. a statement by the applicant that the proposed Class III well(s) will be completed 

in such a manner to insure that the injected substances are injected into the 

proposed injection zone and that provision has been made for adequate 

protection of USDWs and any other zones of commercial value.

(d) The Department may issue a permit on an area basis rather than for each Class III well 

individually provided that the injection wells are:

1. described and identified by location in permit application(s) if they are existing 

wells, except that the Department may accept a single description of wells with 

substantially the same characteristics;

2. within the same well field, facility site, reservoir, project, or similar unit in the 

same State;

3. operated by a single owner or operator; and

4. used to inject other than hazardous waste.

(e) Area permits shall specify:

1. the area within which underground injections are authorized; and

2. the requirements for construction, monitoring, reporting, operation, and 

abandonment, for all wells authorized by the permit.

(f) The area permit may authorize the permittee to construct and operate, convert, or plug 

and abandon wells within the permit area provided:
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 55

(Rule 1200—4—6—.12 continued)

1. the permittee notifies the Department at such time as the permit requires;

2. the additional well satisfies the criteria in paragraph (d) of this section and meets 

the requirements specified in the permit under paragraph (e) of this section; and

3. the cumulative effects of drilling and operation of additional injection wells are 

considered by the Department during evaluation of the area permit application 

and are acceptable to the Department.

(g) If the Department determines that any well constructed under an area permit does not 

satisfy any of the requirements of this section, the Department may modify the permit, 

terminate, or take enforcement action. If the Department determines that cumulative 

effects of additional wells are unacceptable, the permit may be modified or revoked.

(2) Well Construction Standards for Class III Wells

(a) General Design Considerations

1. All Class III wells shall be cased and cemented to prevent the movement of fluids 

into or between USDWs and to maintain the quality of aquifers above the 

injection zone that may be used for monitoring or other purposes.

2. In the design specification for Class III wells, the applicant shall address the 

problem of corrosion, proposed protective measure(s), and if appropriate, 

proposed methods of monitoring the extent of corrosion subject to Department 

approval. The applicant shall consider thickness and type of cement, number and 

thickness of casings, casing material, casing coatings, native fluid quality, 

injection fluid quality and life expectancy of the well.

3. Class III wells shall inject fluids through tubing with a packer set immediately 

above the injection zone, or tubing with an approved fluid seal as an alternative. 

The tubing, packer, and fluid seal shall be designed for the expected service.

(i) The use of other alternatives may be allowed with the written approval of 

the Department. To obtain approval, the applicant shall submit a written 

request to the Department, which shall set forth the proposed alternative 

and all technical data supporting its use. The Department will approve 

the request if the alternative method is deemed capable of providing a 

comparable level of protection to USDWs.

(ii) In determining and specifying requirements for tubing, packer, or 

alternatives the following factors shall be considered:

(I) depth of setting;

(II) characteristics of injection fluid (chemical content and 

corrosiveness);

(III) injection rate and pressure;

(IV) annular pressure;

(V) temperature, volume, viscosity and density of injected fluid; and

(VI) type and size of casing.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 56

(Rule 1200—4—6—.12 continued)

4. Department approval is required prior to any remedial procedures that alter the 

basic design specifications, materials, or character of the well.

(b) Casings

1. The casings used in the construction of each newly drilled Class III well shall be 

designed for the life expectancy of the well.

2. The number, thickness, type of materials, and length of casing shall be sufficient 

to protect the quality of USDW and the integrity of the well and the confining 

strata.

3. Exact setting depths for all castings shall be determined in the field, based on all 

available information, and subject to the Department’s approval.

(c) Cementing

1. The cementitious material used in the construction of each newly drilled well shall 

be designed for the life expectancy of the well. In determining and specifying 

casing and cementing requirements, the following factors shall be considered by

the applicant:

(i) depth to the injection zone;

(ii) depth to the bottom of all formations containing USDWs;

(iii) injection pressure, external pressure, internal pressure, and axial loading;

(iv) hole size;

(v) size and grade of all casing strings (wall thickness, diameter, nominal 

weight, length, joint specification and construction material);

(vi) corrosiveness of injected fluid, formation fluids, and temperatures;

(vii ) lithology of injection and confining zones; and

(viii) type or grade of cementitious material.

2. Cementitious materials must be compatible with the injected fluid, native fluids, 

and the formations penetrated by the bore hole.

3. Use of additives used for mixing shall be determined by the applicant, provided 

the integrity, containment, corrosion protection, and structural strength of the 

cement are not significantly affected. Accurate records shall be kept and 

recorded of all additives used.

4. Placement of cementitious material shall be in such a manner that the purposes 

and characteristics of the cement are retained, and shall be subject to 

Department approval.

5. The applicant shall submit his cement testing program with the permit application 

for Department approval. The purpose of the cement testing program is to insure 

that the cement seal is adequate to prevent migration of fluids in channels, 

micro-annular spaces, or voids in the cement. The following methods of testing, 

as a minimum, shall be considered:
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 57

(Rule 1200—4—6—.12 continued)

(i) pressure testing of casing - to not less than 1.5 times the expected 

injection pressure;

(ii) temperature log; and

(iii) cement bond log.

(d) Testing

1. Appropriate logs and other tests shall be made during the drilling and 

construction of new Class III wells. Upon completion of construction, the 

completed well system will be tested to assure that the well system will function 

as designed at the design operation pressures. A descriptive report interpreting 

the results of such logs and tests shall be prepared by a qualified log analyst and 

submitted to the Department. The logs and tests appropriate to each type of 

Class III well shall be determined based on the intended function, depth, 

construction and other characteristics of the well, availability of similar data in the 

area of the drilling site and the need for additional information that may arise from 

time to time as the construction of the well progresses. At a minimum, such logs 

and tests shall include deviation checks conducted on all holes where pilot holes 

and reaming are used, at sufficiently frequent intervals to assure that vertical 

avenues for fluid migration in the form of diverging holes are not created during 

drilling.

2. Where the injection zone is a water bearing formation, the following information 

concerning the injection zone shall be determined or calculated by the applicant 

for new Class III wells:

(i) hydrostatic pressure head;

(ii) fluid pressure;

(iii) fracture pressure;

(iv) other physical and chemical characteristics of the injection zone;

(v) physical and chemical characteristics of the native fluids; and

(vi) compatibility of injected fluids with formation fluids.

3. Where the injection formation is not a water bearing formation, the fracture 

pressure shall be determined or calculated.

(e) Environmental Concerns During Construction

1. The disposal of drilling fluids or cuttings and the disposal of wastes during 

testing shall be in a sound environmental manner that avoids violation of 

surface and ground water quality standards. The proposed disposal method 

must be approved by the Department prior to start of construction.

2. For Class III wells, the applicant is advised that other permits may be required 

for surface facilities associated with the mining activity.

(f) Operating Requirements

1. Total pressure shall not exceed the maximum allowable stress of the materials 

used to construct the well and shall not initiate new fractures or propagate 
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 58

(Rule 1200—4—6—.12 continued)

existing fractures in the confining zone or in the injection zone or cause 

migration of fluids into USDWs.

2. Injection between the outermost casing protecting USDWs and the inner tubing 

is prohibited.

3. The Department shall be allowed access at reasonable time to the permittee’s 

property and records for the purpose of inspections and the collection of 

samples for analyses from the process and wastewater streams associated 

with the permitted wells.

4. Other operational limitations shall be established as necessary on a case-by-case 

basis.

(g) Monitoring Requirements

1. Monitoring Well Design

(i) Monitor wells shall be located in such a fashion as to detect any 

excursion of injected fluids or process by-products outside the mining 

area or zone.

(ii) Where injection is into a formation which contains water with less than 

10,000 mg/L Total Dissolved Solids, monitoring wells shall be completed 

into the injection zone and into the deepest aquifer above the injection 

zone and may also be required below the injection zone.

(iii) Where injection is into a formation which contains water with more than 

10,000 mg/L Total Dissolved Solids, monitoring wells will be required 

above and may be required in the injection zone.

(iv) Where the injection wells penetrate USDWs in an area subject to 

subsidence or catastrophic collapse, an adequate number of monitoring 

wells shall be completed into USDWs to detect any movement of injected 

fluids, process by-products or native fluids into the USDWs. The 

monitoring wells shall be located outside the physical influence of the 

subsidence or catastrophic collapse.

(v) Class III wells may be monitored on a field or project basis rather than an 

individual well basis provided the owner or operator demonstrates to the 

satisfaction of the Department that the proposed monitoring system is 

comparable to individual well monitoring.

(vi) In determining the type, number, depth, and location of monitoring wells 

to be used and the parameters to be measured, the following criteria 

shall, as a minimum, be considered by the applicant:

(I) the local geology and hydrology;

(II) the population relying on USDWs within the area of review;

(III) the proximity of the injection operation to points of withdrawal of 

drinking water;

(IV) the operating pressures and attendant hydraulic gradients;
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 59

(Rule 1200—4—6—.12 continued)

(V) the nature and volume of the injected fluid, the formation water 

and process by-products; and

(VI) the number, type, location, and depth of injection wells in the 

system, field or project.

(h) Monitoring Well Construction Requirements

Any monitoring well which penetrates the confining zone must be designed and 

constructed using the same standards that apply to the type of injection well to be 

monitored.

(i) Monitoring Criteria

1. The physical and chemical quality of the native fluid in the zones to be monitored 

shall be established prior to injection.

2. The injected fluid shall be analyzed with sufficient frequency to yield 

representative data on its physical and chemical characteristics. Parameters for 

such analysis shall be established on an individual basis.

3. The mechanical integrity of the injection well system shall be examined and 

evaluated at least once every three years. The methods and procedures to be 

used shall be subject to review by the Department.

4. Samples must be collected by a method insuring that the sample is 

representative of the fluid in the zone to be monitored. The method shall be 

subject to approval by the Department.

5. Continuous indicating and recording devices shall be installed and used to 

monitor the injection pressure and flow rate, and the volume of fluids injected and 

withdrawn.

6. Determination shall be made at least semi-monthly of the parameters chosen to 

measure water quality in the injection zone.

7. Determination shall be made at least semi-monthly of the fluid level or pressure 

head in each well used for monitoring.

8. The Department may require that the applicant continue to monitor in the area 

affected by mining for a period of time after mining operations cease. If the 

monitoring reveals violations, the permittee must investigate and take corrective 

action.

9. The Department may require a certificate that the applicant has assured, through 

a performance bond or other appropriate means, the resources necessary to 

cover post-closure monitoring and any corrective action resulting from this 

monitoring.

10. Wells specified in subpart 1200—4—6—.12(2)(g)1.(iv) shall be monitored once 

every three months.

(j) Reporting Requirements

The content and frequency of reports that will be required by the Department shall be 

specified in the permit for each Class III well or project. Minimum requirements are as 

follows:
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 60

(Rule 1200—4—6—.12 continued)

1. Construction Reports

(i) The Department will require periodic data progress reports during the 

construction of Class III injection or monitor wells.

(ii) Interpretation of data will be required in the progress reports at each 

milestone phase of construction.

(iii) The applicant shall submit final reports of all data collected with 

interpretations to the Department. The final report shall include all 

information and data collected during construction with appropriate 

interpretations.

2. Operation Reports

(i) An updated map of the area of review showing locations of all newly 

constructed or newly discovered wells not included in the technical report 

accompanying the permit application or in later reports shall be 

submitted annually to the Department.

(ii) The applicant must submit, for Department approval, his proposed 

methodology for collection and reporting of operational data, to insure 

that data is collected, correlated, and reported in a fashion that would 

enable the agency to evaluate well performance.

(iii) Except for routine monitoring required in (g) of this rule results of 

required monitoring shall be maintained on site and reported to the 

Department with the first quarterly report after the completion of the test.

(iv) Results of mechanical integrity and any other periodic test required by

the Department shall be reported upon request or as specified in the 

permit.

(v) Monitoring may be reported on a project or field basis rather than on an 

individual well basis where field or project monitoring has been 

approved.

(vi) Routine monitoring data required shall be reported quarterly to the 

Department. These reports must be postmarked no later than the tenth 

day of the month following the end of the quarter.

(vii) In the event an excursion is verified in a designated monitor well, the 

permittee shall submit a written remedial action report at least every 

month to include for each well affected:

(I) An explanation of required and other actions since the verifying 

analysis was taken. The explanation should include the date on 

which actions were initiated and completed;

(II) A description of actions to be taken during the following report 

period;

(III) Sample analysis results for control parameters;

(IV) Permittee’s efforts to define the extent and probable cause of the 

presence of mining solutions in a designated monitor well; and
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 61

(Rule 1200—4—6—.12 continued)

(V) The first report shall include a groundwater analysis in the 

manner required by this Rule. All such reports shall be mailed to 

the Department, postmarked within two days of the end of each 

report period. The first report period shall begin with the day the 

presence of mining solution in a designated monitor well is 

verified. The permittee shall continue to make remedial action 

reports until clean-up is accomplished.

(k) Plugging and Abandonment Operation

1. Upon the occurrence of any of the conditions stated in rule 1200—4—6—

.09(6)(a), the owner or operator of the well shall submit an application for a 

permit for plugging and abandonment of the well.

2. Before any injection well is plugged, the operator shall obtain approval for the 

wells plugging program from the Department.

3. The owner or operator of an abandoned injection well or facility must retain all 

pertinent records of construction, operation and abandonment for a period of not 

less than three years following the date of abandonment of the well or facility.

4. Within one-hundred twenty (120) days after acknowledgment of completion of 

mining activities or, if final restoration of the mine area aquifer is required, upon 

final completion of the final restoration, the permittee shall accomplish closure of 

the mining facilities in accordance with Plugging and Abandonment Standards.

(l) Abandonment Reports

1. Upon completion of plugging and abandonment of a well or wellfield, the 

permittee shall submit to the Department a Final Report which shall include, but 

will not be limited to, the following:

(i) daily construction reports;

(ii) certification of completion in accordance with approved plans and 

specifications by the engineer of record; and

(iii) evidence, such as a sealed copy or certification from the county clerk, 

that a surveyor’s plot of the location of the abandoned wells has been 

recorded in the county courthouse property records.

2. Results of post closure monitoring, if required by the abandonment permit, shall 

be reported quarterly to the Department.

Authority: T.C.A. §69—3—105. Administrative History: Original rule filed August 9, 1985; effective 

September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001.

1200—4—6—.13 Class IV Wells.

(1) The construction or operation of a well used for the disposal of any hazardous waste or 

radioactive waste into or above a USDW is prohibited.

(2) The operator or the owner of an existing Class IV well must, within six (6) months after the 

effective date of this rule submit a Plugging and Abandonment Plan for the Department’s 

approval. The owner or operator of an existing Class IV well shall complete plugging and 
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 62

(Rule 1200—4—6—.13 continued)

abandonment in accordance with the approved Plugging and Abandonment Plan not later than 

six (6) months after the Department’s approval of the plan. 

(3) Wells used to inject contaminated ground water that has been treated and is being re-injected 

into the same formation from which it was drawn are not prohibited by this Rule if such injection is 

approved by EPA or the Department, pursuant to provisions for cleanup of releases under the 

Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 

U.S.C. 9601-9657, or pursuant to requirements and provisions under the Resource Conservation 

and Recovery Act (RCRA), 42 U.S.C. 6901 – 6987.

Authority: T. C.A. §69—3—105. Administrative History: Original rule filed August 9, 1985; effective 

September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed 

February 17, 2010; effective date May 18, 2010

1200—4—6—.14 Class V Wells.

This section 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 provisions 68-221-401 et 

seq. or a drip disposal system permitted pursuant to 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, whether alone or in combination with other 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 1200-5-1 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;
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 63

(Rule 1200—4—6—.14 continued)

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;

8. description of injection well, including monitoring well(s); and

9. other information as required by the Department.

(c) The plans for the construction of any new, or modification of any existing Class V 

injection well which have been approved by the Department.

(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 Department’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 1200-5-1-.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 1200-4-6-.05(1) 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 Department 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 rule 1200-4-6-.14(1) or pollution of any ground or surface water.

(5) If at any time the Department learns that an existing Class V system may cause a violation of 

these regulations, the Department 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.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 64

(Rule 1200—4—6—.14 continued)

(6) Notwithstanding any other provision of this section, the Department 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 

Department.

(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 rule 1200-4-6-.14(1).

(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 Department 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 Department 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 Department 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 Department 

determines to be necessary. Such reports shall include a locational map.

(11) Plugging and Abandonment Standard

(a) The Department 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.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 65

(Rule 1200—4—6—.14 continued)

(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 Department. 

Placement of the cement plug shall be accomplished by any recognized method which 

is acceptable to the Department.

(c) The owner or operator shall notify the Department 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 Department. 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 Department.

(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 Department learns that an injection activity may endanger USDWs, the 

Department 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 above prohibition of fluid movement. 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 
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 66

(Rule 1200—4—6—.14 continued)

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 rule 1200-04-06-.09(5). 

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), 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) The 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 Department, within a time specified, any

information which the Department 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 Department, upon 

request, copies of records required to be kept by this rule or the authorization.

(i) The owner or operator shall allow Department personnel, or an authorized representative 

of the Department, upon the presentation of credentials to:
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 67

(Rule 1200—4—6—.14 continued)

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 Department 

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 

Department may require the owner or operator to deliver the records to 

the Department 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 Department shall be signed and 

certified.

(l) Reporting requirements.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 68

(Rule 1200—4—6—.14 continued)

1. Planned Changes. The owner or operator shall give notice to the Department 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 

Department 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 1200-04-06-08.

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 

Department, 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 1200-04-06-.11 and 1200-04-06-.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 

Director; and

2. (i) The Department 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
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 69

(Rule 1200—4—6—.14 continued)

(ii) The owner or operator has not received notice from the Director 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 Director shall include in his notice a reasonable 

time period in which he shall inspect the well.

(n) The owner or operator shall notify the Department 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 

Department's review of an application indicates that the applicant's plan is inadequate, 

the Department 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—105. Administrative History: Original rule filed August 9, 1985; effective 

September 8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed 

February 17, 2010; effective date May 18, 2010

1200—4—6—.15 Fees For Class I Injection Wells.

(1) Permit Application Fees. Applications for permits to construct, operate or abandon a Class I 

injection well shall be accompanied by the following fees:

(a) Construction Permit (New wells) ..................... $2,500.00

(b) Operating Permit (Initial).................................... $2,500.00

(c) Abandonment Permit................................ $2,500.00

(Rule 1200—4—6—.15 continued)

(d) Operating Permit (Renewal).............................. $2,500.00

(2) Operational Fees. Owners or operators of Class I injection wells shall pay the following fees to 

the Department.

(a) Waste fluid injection fee..................................$0.50 per 1,000 gallons

(b) Annual permit maintenance fee ............ $7,500.00 per well

(c) Permit modification and reissuance fee ... $7,500.00 per well

(d) Waste fluid injection fees must be paid after the effective date of the regulations 

regardless of the status of the permit.

(3) All fees are due and payable as follows:

(a) Application fees must be received with applications.

(b) Operational fees
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 70

(Rule 1200—4—6—.15 continued)

1. Fees for waste injection must be paid quarterly and are due at the time of 

submission of the quarterly monitoring reports as specified in the operating 

permit.

2. Annual permit maintenance fees are due on the date these rules become 

effective or on the date the permittee commences injection, whichever is later, 

and on each successive anniversary unless the permit expires or is revoked.

3. Permit modification and reissuance fees are due at the time of submission of the 

request by the permittee or thirty (30) days after notice of the need for 

modification has been sent to the permittee by the Department.

(4) If any part of any fee imposed under this paragraph is not paid within fifteen days of the due 

date, a penalty of five percent (5 %) of the amount due shall at once accrue and be added 

thereto. Thereafter, on the first day of each month during which any part of any fee or any prior 

accrued penalty remains unpaid, an additional penalty of five percent (5%) of the unpaid balance 

shall accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the 

due date shall bear interest at the maximum lawful rate from the due date to the date paid.

(5) The owner or operator of a Class I well who is required to pay fees set forth under this paragraph 

and who disagrees with the calculation or applicability of the fee may petition the Water Quality

Control Board for a hearing. In order to perfect the hearing, a petition for a hearing together with 

the total amount of fee due must be received by the Department not later than fifteen (15) days 

after the due date. If it is finally determined that the amount in dispute was improperly assessed, 

the Department shall return the amount determined to be improperly assessed with interest.

(6) The Department shall review permit applications for a Class I well to determine if the application 

contains all of the information required by the Department.

(a) If the application is deficient the Department will specify the deficiency(ies) in writing and 

inform the applicant by certified mail within ninety (90) days after the effective date of this 

rule or the date of receipt of the application whichever is later.

(b) If the application is complete the Department will notify the applicant by certified mail and 

initiate the permit evaluation process within ninety (90) days after the effective date of this 

rule or the date of receipt of the application whichever is later.

(7) After notification that an application is complete, the Department shall complete its evaluation of 

an application for a Class I well as follows:

(a) Construction permit 180 days

(b) Operating permit

1. Existing well 180 days

2. New well 90 days

(c) Renewal permit 90 days

(d) Abandonment permits 90 days

(8) Upon completion of the review, the Department will either deny the application or issue a draft 

permit for processing in accordance with rule 1200—4—6—.08(7). To achieve a final permit 

decision, an additional ninety (90) days will be required.

(9) The time periods provided in paragraphs (6), (7), and (8) shall be stayed if:

(a) A legal action concerning the permit is pending before any board, court or independent 

agency.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 71

(Rule 1200—4—6—.15 continued)

(b) The applicant requests that review be suspended.

(c) The Department issues a written notice of deficiency and until the applicant addresses 

said deficiency to the satisfaction of the Department.

(d) If the application review is not completed within 90 days in accordance with 1200-4-6-

.15(6)(a) & (b), the application fee shall be returned.

Authority: T.CA. §§69—3—105 and 4—5—201 et seq. Administrative History: Original rule filed August 

9, 1991; effective September 23, 1991. 

1200—4—6—.16 Fees For Class II Injection Wells.

(1) Permit Application Fees. Applications for permits to operate a Class II injection well shall be 

accompanied by the following fees:

Application review fee......................................................................................... $2,500.00

Permit renewal fee (every 5 years) .....................................................................$1,000.00

(2) Operational Fees. Owners or operators of Class II injection wells shall pay the following fees to 

the Department:

Annual maintenance fee..........................................................................................$500.00

Permit modification and reissuance fee...................................................................$250.00

(3) Annual permit maintenance fees are due on the date these rules become effective or on the date 

the permittee commences injection, whichever is later, and on each successive anniversary 

unless the permit expires or is revoked.

(4) Permit modification and reissuance fees are due at the time of submission of the request by the 

permittee or thirty (30) days after notice of the need for modification has been sent to the 

permittee by the Department.

(5) If any part of any fee imposed under this section is not paid within fifteen days of the due date, a 

penalty of five percent (5 %) of the amount due shall at once accrue and be added thereto. 

Thereafter, on the first day of each month during which any part of any fee or any prior accrued 

penalty remains unpaid, an additional penalty of five percent (5%) of the unpaid balance shall 

accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the due 

date shall bear interest at the maximum lawful rate from the due date to the date paid.

(6) The Department shall review permit applications for a Class II well to determine if the application 

contains all of the information required by the Department.

(a) If the application is deficient the Department will specify the deficiency(ies) in writing and 

inform the applicant by certified mail within sixty (60) days after the date of receipt of the 

application.

(b) If the application is complete the Department will notify the applicant by certified mail and 

initiate the permit evaluation process within sixty (60) days after the date of receipt of the 

application.

(c) The time periods provided in paragraphs shall be stayed if:

1. A legal action concerning the permit is pending before any board, court or 

independent agency.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 72

(Rule 1200—4—6—.16 continued)

2. The applicant requests that review be suspended.

3. The Department issues a written notice of deficiency and until the applicant 

addresses said deficiency to the satisfaction of the Department.

(d) If the application review is not completed within 60 days in accordance with 1200-4-6-.16(6)(a) & 

(b), the application fee shall be returned.

Authority: T.C.A. §69—3—105. Administrative History: Original rule August 9, 1985; effective September 8, 

1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed February 17, 2010; 

effective date May 18, 2010

1200—4—6—.17 Fees For Class III Injection Wells.

(1) Permit Application Fees. Applications for permits to operate a Class III injection well shall be 

accompanied by the following fees:

Application review fee......................................................................................... $2,500.00

Permit renewal fee (every 5 years) .......................................................................$1,500.00

(2) Operational Fees. Owners or operators of Class III injection wells shall pay the following fees to 

the Department:

Annual maintenance fee...........................................................................................$1000.00

Permit modification and reissuance fee....................................................................$ 250.00

(3) Annual permit maintenance fees are due on the date these rules become effective or on the date 

the permittee commences injection, whichever is later, and on each successive anniversary 

unless the permit expires or is revoked.

(4) Permit modification and reissuance fees are due at the time of submission of the request by the 

permittee or thirty (30) days after notice of the need for modification has been sent to the 

permittee by the Department.

(5) If any part of any fee imposed under this section is not paid within fifteen days of the due date, a 

penalty of five percent (5 %) of the amount due shall at once accrue and be added thereto. 

Thereafter, on the first day of each month during which any part of any fee or any prior accrued 

penalty remains unpaid, an additional penalty of five percent (5%) of the unpaid balance shall 

accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the due 

date shall bear interest at the maximum lawful rate from the due date to the date paid.

(6) The Department shall review permit applications for a Class III well to determine if the application 

contains all of the information required by the Department.

(a) If the application is deficient the Department will specify the deficiency(ies) in writing and 

inform the applicant by certified mail within ninety (90) days after the date of receipt of the 

application.

(b) If the application is complete the Department will notify the applicant by certified mail and 

initiate the permit evaluation process within ninety days (90) days after the date of receipt 

of the application.

(c) The time periods provided in paragraphs shall be stayed if:

1. A legal action concerning the permit is pending before any board, court or 

independent agency.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 73

(Rule 1200—4—6—.17 continued)

2. The applicant requests that review be suspended.

3. The Department issues a written notice of deficiency and until the applicant 

addresses said deficiency to the satisfaction of the Department.

(d) If the application review is not completed within 60 days in accordance with 1200-4-6-

.17(6)(a) & (b), the application fee shall be returned.

Authority: T.C.A. §69—3—105. Administrative History: Original rule August 9, 1985; effective September 

8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001.

1200-4-6-.18 Fees For Class V Injection Wells.

(1) Application Fees. Applications for authorizations or permits for the following Class V injection 

wells shall be accompanied by the following one-time application review fees:

(a) Innovative technology wells...................................$1,000.00 (per project)

(b) Storm water drainage wells.

Subdivisions.................................................................... $500.00 (per project)

Commercial/industrial facilities........................................... $750.00 (per project)

(c) Commercial/industrial geothermal wells

Open loop systems........................................................... $750.00 (per facility)

(d) Commercial/industrial SFDS and infiltration cells........................ $500.00 (per facility)

(e) Large capacity septic systems......................................................... $250.00 (per facility)

Churches ................................................................ $100.00 (per facility)

(f) Remediation wells

Oversight under this rule............................................................$1,000.00 (per facility)

Oversight by the Department not under this rule............................. None

(g) Change of ownership............................................................... $75

(h) Modification of recharge point .................................................... $350 (per project)

(2) Renewal Fee. The following Class V wells shall submit the following fees with the renewal application:

(a) Storm water drainage wells

Commercial/industrial facilities: $350.00 (per facility)

(b) Commercial/industrial geothermal wells

Open loop $350.00 (per facility)

(c) Commercial/industrial SFDS and infiltration cells: $250.00 (per facility)

(d) Large capacity septic systems: $250.00 (per facility)

Churches $50.00 (per facility)

(3) If the application is deficient the Department will specify the deficiency(ies) in writing and inform 

the applicant within sixty (60) days after the date of receipt of the application.

(4) If the application is complete the Department will notify the applicant and initiate the permit 

evaluation process within sixty (60) days after the date of receipt of the application.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 74

(Rule 1200—4—6—.18 continued)

(a) The time periods provided in paragraphs (3) and (4) shall be stayed if:

1. A legal action concerning the permit is pending before any board, court or 

independent agency.

2. The applicant requests that review be suspended.

3. The Department issues a written notice of deficiency and until the applicant 

addresses said deficiency to the satisfaction of the Department.

(b) If the application review is not completed within 60 days in accordance with 1200-4-6-

.18(3)&(4), the application fee shall be returned.

Authority: T.C.A. §69—3—105. Administrative History: Original rule August 9, 1985; effective September 8, 

1985. Amendment filed April 11, 2001; effective date June 25, 2001. Amendment filed February 17, 2010; 

effective date May 18, 2010

1200-4-6-.19 Bonds Required for Permitted Wells

(1) A surety bond or cash bond is required from the owner or operator of an injection well for Class I, 

II and III wells adequate to allow proper plugging and abandonment of the well(s) and may be 

required for Class V wells at the Department’s discretion. Such bonds are penal in nature. Such 

surety bond or cash bond is required to be in force for a well from the time a permit has been 

granted until the well has been properly abandoned. Bonds shall be in favor of the Department, 

conditioned that the well shall meet all requirements of this rule chapter and be properly plugged 

and abandoned in accordance with this rule chapter. An individual well bond shall be released 

upon the proper plugging of the well and the filing of a plugging and abandonment report, driller’s 

log, downhole surveys, and other data as required.

(2) At any time other than after the issuance of a notice of noncompliance or forfeiture, the surety 

may notify the Director of the Division of Water Supply in writing of its desire to terminate its 

liability under the bond by giving written notice to the Director. The Director shall thereupon 

require the principal in the bond to file a new bond, or to effect a change of owners on the well 

within sixty (60) days. If the principal can no longer be contacted, then any interested party may

seek to change ownership on the well. If a new bond is filed by the principal, or a change in 

ownership is approved by the Director, liability under the original bond shall cease and terminate 

as to acts and operations occurring after the effective date of the new bond or approval of change 

in ownership and the original bond shall be released upon written request from the surety. If a 

new bond is not filed within sixty (60) days, or a change in ownership has not been approved, the 

Director shall revoke the permit secured by the bond and require the principal to plug and 

abandon the well in accordance with the Underground Injection Control rules. In the event of the 

failure of the principal to plug the well, the surety may either cause the well to be plugged, or 

forfeit the amount of the bond to the Department. This action will be initiated by the issuance of a 

notice of noncompliance. The surety will then have thirty (30) days in which to plug the well. If 

the well has not been plugged within that time limit, then a notice of forfeiture will be issued. The 

surety will then have twenty-one (21) days within which to petition the Tennessee Water Quality 

Control Board for a hearing relative to the bond forfeiture, pursuant to the Administrative 

Procedures Act, T.C.A. 4-5-101 et. seq. If a hearing is requested, no further action will be taken 

against the bond until such hearing has taken place and a final order given by the Board. If the 

well has been plugged in the interim, then notice of forfeiture will be cancelled and the bond 

released.

(3) Any of the following shall serve as bonds:

(a) A surety bond executed by the well operator as principal and by a corporate surety 

authorized to do business in Tennessee; or
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 75

(Rule 1200—4—6—.19 continued)

(b) cash; or

(c) a certified check; or

(d) a certificate of Deposit, if made out exactly as follows: “Owner Name and Tennessee 

Department of Environment and Conservation or Tennessee Department of Environment 

and Conservation”; and does not contain any terms or conditions that provide that the 

issuing bank may charge against the deposit any debt of the depositor(s) owing to it (setoff terms); or any terms or conditions that provide anyone whose signature appears on the 

signature card to withdraw from funds the account. The owner shall be entitled to any 

interest earned on a certificate of deposit as the same becomes due and payable. The 

treasurer of the State of Tennessee shall receive and hold originals of such certificates in 

the name of the State of Tennessee, in trust, for the purpose for which such deposit is 

made, and shall at all times be responsible for the custody and safekeeping of such 

deposits; provided, however, that the certificate may be returned to the issuing financial 

institution as may be necessary for renewal from time to time; or

(4) Forfeiture

(a) The Director shall cause a notice of noncompliance to be served upon the owner/operator 

and surety if the requirements for proper plugging and abandonment of a well or wells have 

not been complied with within the time limits set forth by this rule. Compliance for proper 

plugging and abandonment shall include the submission of all required records and data.

(b) The notice shall specify in what respects the owner has failed to comply with this rule or 

orders of the Water Quality Control Board.

(c) If the owner and/or operator has not reached an agreement with the Director, or has not 

complied with the requirements set forth within thirty (30) days after the mailing of the 

notice, the bond shall then be forfeited to the Department, and the money used to properly 

plug the well(s). Such bonds are penal in nature, and the full amount of the bond shall be 

forfeited.

(5) Notice of Noncompliance

(a) At any time the Director causes a notice of noncompliance to be served upon the principal, 

the surety shall be afforded the opportunity to act in behalf of the principal within the time 

set forth in regard to proper plugging of the well or wells and submission of required well 

records, downhole data and plugging reports. Should the principal and surety fail to 

comply within the time provided, then and only in that event, the bond shall be forfeited 

and used to plug the well. When a bond is forfeited under this rule, the Director shall give 

notice to the Attorney General, who shall institute proceedings to collect the forfeiture.

Authority: T.C.A. §69—3—105. Administrative History: Original rule August 9, 1985; effective September 

8, 1985. Amendment filed April 11, 2001; effective date June 25, 2001.
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 76

Figure A
UNDERGROUND INJECTION CONTROL CHAPTER 1200-4-6

May, 2010 (Revised) 77

Pursuant to the State of Tennessee’s policy of non-discrimination, the Tennessee 

Department of Environment and Conservation does not discriminate on the basis of 

race, sex, religion, color, national or ethnic origin, age, disability, or military service 

in its policies, or in the admission or access to, or treatment or employment in its 

programs, services or activities. Equal Employment Opportunity/Affirmative Action 

inquiries or complaints should be directed to the EEO/AA Coordinator, Office of 

General Counsel 401 Church Street, 20th Floor L & C Tower, Nashville, TN 37243, 1-

888-867-7455. ADA inquiries or complaints should be directed to the ADA 

Coordinator, Human Resources Division, 401 Church Street, 12th Floor L & C Tower, 

Nashville, TN 37243, 1-866-253-5827. Hearing impaired callers may use the 

Tennessee Relay Service (1-800-848-0298).

To reach you local

ENVIRONMENTAL FIELD OFFICE

Call 1-888-891-8332 OR 1-888-891-TDEC

Tennessee Department of Environment and Conservation, 

Authorization No. xxxxxx, 1,000 copies. This public document 

was promulgated at a cost of $0.xx per copy. May 2010