# •• I

DEPARTMENT OF HEALTH AND WELFARE
RULES AND REGULATIONS



# •

ENVIRONMENT
TITLE I
CHAPTERS 

# 1 THROUGH 

# 8

# TITLE 1 Chapter 5 RULES, REGULATIONS AND STANDARDS FOR HAZARDOUS WASTE TABLE OF CONTENTS

01.5000 

# LEGAL AUTHORITY
01.5001 

# TITLE 01.5002, 

# INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS 01.5002,01. 

# Exceptions 01.5002,02. 

# Availabilityof ReferencedMaterial 01.5003, 

# DEFINITIONS 01.5003,01. 

# Act 01.5003,02. 

# Board '01.5003,03. 

# Department

01.5003,04. 

# Director 01.5003,05. 

# Environmental ProtectionAgency (E.P.A.) 01.5003,06. 

# HWMA 01.5003,07. 

# IDAPA 01.5003,08. 

# Regional Administrator 01.5003,09. 

# TSD 01.5003,10. 

# United States
01.5004 

# HAZARDOUS WASTE MANAGEMENT SYSTEM 

# • 01.5005 

# IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 01.5006,

# STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE 01.5006,01.

# Pretransport Requirements for Generators ofMore Than 1,000 

# Kilograms of Hazardous WastePer Month 01.5006,02.

# Pretransport Requirements for Generators of 100 

# to 1,000 

# Kilograms of Hazardous Waste Per Month
01.5007 

# STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
01.5008 

# STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE co eo 

# TREATMENT, STORAGEAND DISPOSAL FACILITIES 0) 

# - 01.5009 

# INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES 01.5010,

# STANDARDS FOR THE MANAGEMENT OF SPECIFICHAZARDOUS WASTES AND SPECIFICTYPES OF HAZARDOUS WASTE FACILITIES
01.5011 

# LAND DISPOSAL RESTRICTIONS
01.5012 

# HAZARDOUS WASTE PERMIT PROGRAM 

# •" 

# 01.5013 

# PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR RCRA OR HWMA PERMITAPPLICATIONS

# .HAZARDOUS WASTE IDAPA 16.01.5000 CONTENTS

01.5014 INTERIM STATUSSURFACE IMPOUNDMENTS 01.5015

-- 01.5355 (RESERVED) 

# G
01.5356, VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES 01.5356,01. Application Contents and Standard of Review 01.5356,02. Public Hearings ­ .01.5356,03. Public Information 01.5356,04. Director's Decision 01.5356,05. Applicant to Bear Costs 01.5357

-- 01.5499 (RESERVED) 01.5500, ROUTING OFHAZARDOUS WASTE SHIPMENTS 01.5500,01. Transporting 01.5500;02.**Director~s** 

# Conditions 01.5501

-- 01.5749 (RESERVED) 01.5750, PUBLIC AND CONFIDENTIAL RECORDS 01.5750,01. Public Disclosure 01.5750,02. General Scope of Records 01.5750,03. Records Exempt from Disclosure 01.5750,04. Request Procedure and Appeals 01.5750,05. Fees 01.5750,06. Interagency and Intra-agency Disclosures
01.5751

-- 01.5799 (RESERVED) 

# o
01.5800, INSPECTION PLAN 01.5800,01. Frequency Levels
01.5801

-- 01.5849 (RESERVED) 01.5850, ILLEGAL ACTIONS 01.5850,01. False Statements or Representations co co 

# 01.5850,02. Failure to Comply With TheseRules, en 

# The HWMA, or Other Requirements 

# ­ 01.5851

-- 01.5899 (RESERVED) 01.5900 EXPENDITURESFROM HAZARDOUS WASTE EMERGENCY ACCOUNTS 01.5901

-- 01.5997 (RESERVED) 01.5998 INCLUSIVE GENDER AND NUMBER 01.5999 SEVERABILITY

# TITLE 1 Chapter 5 

# RULES, REGULATIONS AND STANDARDS FOR HAZARDOUS WASTE 

# • 01.5000

01.5001

01.5002,


# '.

• LEGAL AUTHORITY. These regulations are adopted pursuant to the authority vested in the BoardofHealthandWelfare by the Hazardous Waste Management Act of 1983 (HWMA), Sections 39-4401 et seq., IdahoCode. (6-10-88) TITLE. These regulations shall·beknown

# as IdahoDepartment of HealthandWelfareRules andRegulations, Title 1, Chapter 5, "Rules, Regulations and Standards for HazardousWaste." (6-10-88) INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS. Any reference inthese rules torequirements, procedures, or specific forms contained in the Code of FederalRegulations (CFR), Title 40, Parts 124, 260-266, 268 and 270, shall constitute the full adoptionby reference of that part and subpart as it appears in 40 CFR, revisedas of July 1, 1987, including any notes and appendices therein, unless expresslyprovided otherwise in these rules. Anumeric list of those subparts canbe found in AppendixA. (6-10-88) 01. Exceptions. Nothing in 40 CFR Parts 260 - 266, 268, 270 or Part 124 as pertains topermits for Underground Injection Control (U.I.C.) under the Safe DrinkingWater Act, the Dredge. or Fill Progr·am under Section 404 of the Clean Water Act, the National Pollution Discharge Elimination System (NPDES) under the CleanWater Act or Prevention of Significant DeteriorationProgram (PSD) under the Clean Air Act is adopted or included by reference herein. (6-10-88) 02. AvailabilityofReferencedMaterial. Copies of the federal regulations adopted by reference**throughto~t** 

# these rules are available in the following locations: (6-10-88)

a. Superintendent ofDocuments, U.S. Government PrintingOffice, Washiungton, D.C. 20402; and (6-10-88) b. Administrative Procedure Section, Idaho Department of Health and Welfare Central Office, 450 W. State Street, Boise, Idaho 83720; and (6-10-88)



# c. All Regional Offices of the Idaho Department ofHealthandWelfare, as follows: (6-10-88)
i. 

# Region I, 1120 Ironwood Drive, Coeur d'Alene, Idaho 83814

. (6-10-88)
ii. 

# Region II, P.O. Drawer B, Lewiston,

# c P-AZARDOUS WASTE IDAPA 16.01.5002,02.c.ii.

Idaho 83501. (6-10-88) iii. Region III, P.O. Box 1219, Caldwell, Idaho 83606-1219. (6-10-88) iv. Region IV, 1105 South Orchard, StatehouseMail.Boise.Idaho 83720. (6-10-88)

v. RegionV, P.O. Box 1509, Twin Falls, Idaho 83303-1509. (6-10-88) vi. RegionVI, P.O. Box 4166, Pocatello, Idaho 83205-4166. (6-10-88) vii. RegionVII, 150 Shoup Avenue,

. Idaho Falls, Idaho 83405. (6-10-88) d. Those libraries listed in Section 67-5205, Idaho Code. (6-10-88)**01~5003,** 

# DEFINITIONS. For the purpose of ·these rules and any materials incorporated hereinby reference, the following definitions apply unless their application would be inconsistent with the Idaho HazardousWaste Management Act, or unless these regulations expressly provide for

.**di~ferent** 

# definitions. (6-10-88)**Ol~** 

# Act. The HazardousWaste Management Act of 1983, Section 39-4401 et seq., Idaho Code. (6-10-88) 

# o

02. Board. The Idaho Board of Health andWelfare. (6-10-88) 03. Department. The Idaho Department of Health andWelfare. (6-10-88) 04. Director. The Director of the Idaho Department of Health andWelfare. (6-10-88) 05. Environmental ProtectionAgency (E.P.A.). The Idaho Department of Health andWelfare. (6-10-88) 06. HWMA. The Hazardous Waste Management Act. (6-10-88) 07. IDAPA. IdahoAdministrativeProcedures Act, Chapter 52, Title 67, Idaho Code. (6-10-88) 08. Regional Administrator. The Director of the Idaho Department of Health andWelfare.

.(6-10-88)
09. TSD. Treatment, storage or disposal. (6-10-88) 10. United States. The Stateof Idaho. (6-10-88) 

# o

# HAZARDOUS WASTE IDAPA 16.01.5004 

# • 01.5004

01.5005

01.5006,



# •

01.5007

01.5008 

# • 01.5009 HAZARDOUS WASTE MANAGEMENT·SYSTEM. 40 CFRPart

.260 and all subparts are herein incorporated by**refer~nce** 

# as provided in 40 CFR, revised as of July 1, 1987.(6-10-88) IDENTIFICATION AND LISTING OFHAZARDOUS WASTE. 40 CFR Part 261 and all subparts are herein.incorporatedby reference as provided in 40 CFR, revised as of July 1, 1987. (6-10-88) STANDARDS APPLICABLE TOGENERATORS OF HAZARDOUS WASTE. 40 CFRPart 262 and all subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987, as amended byVolume 52, Federal Register 25760 ( J u1Y8,' 1987). (6-10- 88 ) 01. Pretransport Reguirements for Generators of More Than 1,000 Kilograms of HazardousWaste Per Month. Emergency notification to the state by generators of more than one thousand (1,000) kilograms of hazardous waste per month. In addition to the emergency notification required by 40 CFR, Part 265.56(d)(2) (see 40 CFR 262.34(a)(4», the emergency coordinator must also immediately notify the State Communications Center by telephone, 1-800-632-8000, to file an identical report. (6-10-88) 02. Pretransport Reguirements for Generators of 100 to 1,000 Kilograms of Hazardous Waste Per Month. Emergency notification to the state by generators of one hundred (100) to one thousand (1,000) kilograms of hazardous waste per month. In addition to the emergency notification required by 40 CFR, Part 262.34(d)(5)(iv)(c), the emergency coordinator must also immediately notify the State Communications Center by telephone, 1-800-632-8000, to file an identical report. (6-10-88) STANDARDS APPLICABLETO TRANSPORTERS OFHAZARDOUS WASTE. 40 CFRPart 263 and all subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987. (6-10-88) STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFRPart 264 and all subparts (excluding 40 CFR, Parts**264~149** 

# and 264.150) are herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987, as amended by Volume 52, Federal Register 25760 (July 8, 1987). (6-10-88)
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL**FACILI~** 

# TIES. 40 CFR Part 265, and all subparts (excluding Subpart Rand 40 CFR Parts 265.149 and 265.150) are

# HAZARDOUS WASTE IDAPA 16.01.5009

herein**incorpora~ed** 

# by reference as provided in 40 CFR, 

# ( 

# c­ revised as of July 1, 1987; as amended by volume 52 Federal Register 25760 (July 8, 1987). (6-10-88) 01.5010,STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OFHAZARDOUS WASTE FACILITIES. 40 CFRPart 266 and all subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1987, except: (6-10-88) 01. SubpartA; and (6-10-88) 02. SubpartB. (6-10-88) 01.5011 LAND DISPOSAL RESTRICTIONS. 40 CFR Part 268 and all subparts are herein incorporated by reference as provided in 40 CFR,**~evised** 

# as of July 1, 1987, as amended by Volume 52, Federal Register 25760 (July 8, 1987). However, the requirements of Sections 39-4403(14) and 39-4423, Idaho Code, shall be applied in all cases where these requirements are more stringent than the federal standards. (6-10-88) .') 01.5012 HAZARDOUS WASTE PERMITPROGRAM. 40 CFRPart 270 and all subparts.are herein' incorporatedby reference as provided in.40 CFR, revised as of July 1, 1987, as amended byVolume 52, Federal Register 25760 (July 8, 1987). (6-10-88)

# o 01.5013 PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR RCRA OR HWMA PERMIT APPLICATIONS. 40 CFRPart 124, Subpart Ais herein incorporated by reference as pro9ided in 40 CFR, revised as of July 1, 1987. (6-10-88) 01.5014 INTERIM STATUS SURFACE IMPOUNDMENTS. In accordance with Section 3005(j) of the Resource Conservationand RecoveryAct (RCRA) (42 U.S.C. 6925 (j» which is herein incorporated by reference, surface impoundments in exist

# ence' on November 8, 1984, and qualifying for interim 

# g: status shall not receive, store or treat hazardous waste after November 8, 1988, unless retrofitted tomeet stan-

­ dards applicable to new impoundments or subject to an exemption. Copies of the federal statute herein incorporated by reference are available 

# in the locations provided in Section 01. 5002,02. of these rules.'Standards applicable to new surface impoundments which are referenced in Section 3005(j) of RCRA as requirements of Section 3004(0) (42 U.S.C. 6924(0» appear in federal regulations as 40 CFRSections 264.221-231 and 265.221-230 and are incorporated as provided in Sections 01.5008 and 01.5009 of these rules. (1-1-89) 01.5015

-- 01.5355 (RESERVED) 01.5356,VARIANCE APPLICATIONS FOR TSD FACILITIESOR SITES

# HAZARDOUS WASTE IDAPA 16.01.5356,01. 

# .' 01. Application Contents and**S~andard** 

# of Review. Applications for variances shall be submitted in triplicate and'shall contain suchdetailedplans, specifications, and iriformation regardingobjectives, procedures, controls, and other pertinent data as the Director may require. A variance shall not exceed one (1) year in:duration. The Director may grant a variance only if the applicant demonstrates to the Director's' satisfaction that construction and operationof the TSD facility or site in the manner allowed by"the variance and any termor condition imposedas part of the variance: (6-10-88)

, 

### . 

# a. Is required to**~vertun~ecessary** 

# and significant**hardship~** 

# (6-10-88) b. Is not inconsistent with EPA**requirements~** 

# and


# •

•

# HAZARDOUS WASTE IDAPA l6.0l.5356,Ol.b.

c. 

# Will not createa nuisanceor a (6-10-88) hazard to the 

# .. public**health~** 

# safetyor the environment. (6-10-88) 02. PublicHearings. The Director may hold a**p~blic** 

# hearing on an initialapplicationfor a varlance and shallholda publichearingon any application to renew or extenda variance. The publichearing shallbeheld at a location inthecountywhere the operations that are the sUbjectof the application for

_the variance are-conductedunless theDirector determines that a different locationwouldbe more appropriate

-and convenient for interestedmembers of thepUblic. The Director shall give­ at least

_

twenty (20) days' notice of thehearing tothe applicant by certified mail and shall cause at least one (1) publicationof notice in a newspaper withgeneral circulationineither the countywhere the operation is conductedor the countywhere the hearing is tobe held. The Director shall cause to be made a complete recordof the testimonyand the evidence submittedat thehearing. (6-10-88) 03. Public Information. All information submitted as part of a variance application shallbe treatedas public informationand shall not be subject to any claim of confidentiality. The Director shallmake the application**av~ilable** 

# for public inspection at the Department's centralofficeand at the appropriate local field officeof the Department'sDivisionof Environment. The Director shallmake avail

# 0

able for public inspectionat the Department's central officeand at all local field offices of the Department's DivisionofEnvironment a current list ofpending applications for variancesanda current scheduleofpending variancehearings. (6-10-88) 04. Director'sDecision. No variance shallbe issuedor denieduntil the Directorhas consideredthe relative interestsof the applicant, other personsand propertyaffectedby thevarianceand the public. Anyvariance grantedpursuant tothis section shall be for a period specifiedby theDirector. No variance shall be issuedordeniedwithout a written order stating the isbased. findings uponwhich the decision (6-10-88) 05. Applicant toBear Costs. The costofpublicnotice, recording and transcribing of testimonyandhearing facilities**~hall** 

# beborneby theapplicant, regardlessofwhether or not a variance 

# is issued. 

# c
... (6-10-88)

# HAZARDOUS WASTE IDAPA 16.01.5357

01.5357

-- 01.5499 (RESERVED) 01.5500, ROUTING OF HAZARDOUS WASTE SHIPMENTS 01. Transporting. Anyperson transportinga quantityof hazardouswastewhich requires a manifest shall, to theextentpossible: (6-10-88)

a. Use stateand interstatehighways; and (6-10-88) b. Avoidmunicipalities and population centers, even when doing somayaddmiles tothe distance traveled. (6-10-88) 02. Director'sConditions. The Director may, upon a finding that a shipment or shipmentsof hazardous waste constitutesa greater than normal risk to the public.health, safetyor environment, prescribe by order particular conditions for that shipment or shipments including but not limited to special placarding, pilot vehicles, routing restrictions, parking restrictions and timing restrictions

.

.(6-10-88) 01.5501

-- 01.5749 (RESERVED) 01.5750, PUBLIC AND CONFIDENTIAL RECORDS 01. PublicDisclosure. Records obtainedby the Department or submitted to the Department pursuant to HWMA or these regulations shall be available to the public for inspection and copying upon request unless exempted from disclosure as provided by these regulations. (6-10-88) 02. General Scope of Records. "Records" mean any document, writing, photograph, sound or magnetic recording, drawing, or similar thing by which informationhas beenpreserved, fromwhich information can be retrievedand copied, andwhich is in thepossessionof theDepartment. The termdoes not include: (6-10-88)



# a. Materials legally owned by a Department employee inhis or her purelypersonal capacity; or (6-10-88) b. 

# Materialspublishedby non-Department organizations which are readily available to the public, suchas books, journals, and periodicals available through reference libraries, even if suchmaterials are in the possession of the Department; or (6-10-88)

# HAZARDOUS WASTE IDAPA 16.0l.5750,02.c.

c. 

# Compilationsof material from existing records. (6-10-88) 

# o
03. Records Exempt from Disclosure

a. Confidential business records. The Director may certify records as confidentialupona request demonstrating, totheDirector's satisfaction, that public availabilityof specific recordswoulddivulge methods, processes, or activities constituting trade secrets. Failure to request confidentialityormake the required showing at the time the record is obtainedor submitted shall subject the record topUblicdisclosure requestswithout notice. (6-10-88)
i

. 

# Anybusiness seeking confidentialityof records submitted to the Department, shall submit the records ina sealed envelope marked "CONFIDENTIAL" along witha request for confidentiality. Any business seeking confidentiality of records not submittedby the business, but obtainedby the Department through inspectionor othermeans, shall submit a request for confidentiality within twenty (20) working days from the date the recordwas obtained. Arequest for confidentiality shall be inwriting and· 

# o

include the following: (6-10-88) (a) Identificationof all in the recordclaimed information as confidential

.in a manner which clearly distinguishes

.such information from other information for which no claimismade; and (6-10-88) (b) Anaffidavit statinghow and why disclosure of the record would divulge trade secrets, includinga showing that the' business has takenandwillmaintain reasonable measures to protect the information; the information is not reasonably available by legitimate nonjudicialmeans topersons other than thegovernment without consentof thebusiness; and, disclosure of the information is likely to substantiallyharm the competitivepositionof thebusiness. (6-10-88)**O~** 

# . \

# HAZARDOUS WASTE IDAPA l6.0l.5750,03.a.ii. 

# • ii. The Director shall, within twenty (20) working days after receiving the request, accept or reject any request for confidentiality. (6-10-88) (a) When the request is satisfactory totheDirector, inwholeor part, the recordor relevantpart shall be certifiedby the Director as confidential and is exempt from disclosure to thepublic. The person requesting confidentiality shallbe promptlynotified.**(6~10-88)**



# • (b) When the request is not satisfactory tothe Director, inwhole or in part, the person requesting confidentiality shallbepromptly notified of that decision and given at least ten (10) working days to supplement the request or limit the scope of·records to which the requestpertains. If the supplement is not submittedwithin the time period allowed or is unsatisfactory to the Director, theDirector shallpromptly notify thepersonof that determination and provide twenty (20) working days inwhich to file an appeal. If writtenappeal to the Director is not filed within the twenty (20) day period, or the Director denies the request for confidentiality after a hearing on the appeal, the record shall be subject to public disclosure. The Director's action on the appeal· constitutes final agency action for purposes of judicial review under the Administrative ProceduresAct. (6-10-88) b. Confidentialdepartment records. The Director may decline disclosure of a record, or part thereof, if the record contains or itsdisclosurewould revealmatters that are: (6-10-88) i. Specificallyexempt from disclosure by Idaho statuteor regulations: or 

# • (6-10-88) ii. Interagencyor intra-agency memoranda or letterswhichwould not be available

# HAZARDOUS WASTE IDAPA l6.0l.5750,03.b.ii.
by law toa partyother thananagency in litigationwith theDepartment: or 

# c­ (6-10-88) iii. Investigatory records compiled for enforcement purposes, but only tothe extent that disclosure of such records would: (6-10-88) (a) 

# Interfere with enforcement pro­ ceedings: or (6-10-88) (b) Deprivea personofa right to a fair trialor an impartial'adjudication: or (6-10-88) (c) Constitutean unwarranted invasion of personalprivacy: or (6-10-88) (d) Disclose the identityof a confidential source: or (6-10-88) (e) 

# Disclose**inve~tigative** 

# techniques andprocedures: or (6-10-88) (f) Endanger the life or physical safetyof enforcementpersonnel. (6-10-88) 04. Reguest Procedure andAppeals 

# o

a. Record requests. Record requests shall be made in writing describing the record sought in a manner which reasonably allows identificationand location.of the record. The request shall be addressed tothe BureauofHazardous Materials, Divisionof Environment, Department ofHealthandWelfare, 450 West State Street, 3rd Floor, Towers Building, Boise, Idaho 83720. (6-10-88) i. Any request for recordswhichare prepared by the Department for routine distribution,**i.e~,** 

# pamphlets, copies of speeches, press releases and educationalmaterials, maybemade orallyor inwriting and the Department shall honor such requests in a reasonably prompt and informalmanner. (6-10-88) ii. The Department shall make reasonable efforts toassist in the identification and description of records sought and the formulation of record requests. The Departmentmayseek to narrowthe scope 

# o

## HAZARDOUS WASTE 

# IDAPAl6.0l.S7S0,04.a.ii. 

# • of broadly stated requests through consultation and agreement with the requestor in order to reduce the administrative burden of processing broadly stated requests andminimize the fees payableby the**requestor~** 

# (6-10-88) iii. If the description of the records sought by a request is not sufficient to reasonably allow the Department to identify and locate the requested records, the Department·shall notify the requestor that the request cannot be further processed until additional information is furnished. (6-10-88)



# • b. Initial determination. The Department·shall respond to requests within a reasonable period of

.time, but not later than twenty (20) working days after receiving the request, in**writ~** 

# ing stating which of the requested records will, and which will not be available for inspection and copying, and the reason for denial of any request. Any denial shall include notification that an appeal may be made in writing within thirty (30) calendar days of receipt of the denial. (6-10-88) 

# L Any period of time between Department notification that the request does not reasonably identify the records sought, and the date on which the requestor responds shall be excluded from the twenty (20) working day period. (6-10-88) ii. Any personmaking a request pertaining to a record being considered by the Director for certification as confidential business information shall be notified that the request cannot be further processed until a final decision as to the confidentialityof the business record is reached by the Director. Any period of time between the date of the notice and the. final decision shall be excluded from the twenty (20) working dayperiod.

. (6-10-88)
·iii. 

# Any periodof time between the date of notice that prepayment or assurance of 

# • payment of fees generated by the request 

# is required, and the date on which payment or other satisfactory

# HAZARDOUS WASTE IDAPA 16.01.5750.,04.b.iii.
arrangement is made shallbe excluded from the twenty (20) working day period. (6-10-88) 

# G

c. Administrative appeal. Any person whose request hasbeendenied inwholeorpartby an initial determination mayappeal thatdenial within thirty (30) calendar daysof recelvlng the initialdetermination. The appeal shallbe made inwritingandaddressedto theBureauof Hazardous Materials, DivisionofEnvironment, Department ofHealth and Welfare, 450 West State Street, 3rd Floor, Towers Building, Boise, Idaho 83720. (6-10-88) i. The appellant shallbeaffordeda hearing by theDirectoranda final decision shallbe made by theDirector, in accordancewiththecontestedcaseprovisions of the Idaho Administrative Procedures Act, Title 67, Chapter 52, IdahoCode. (6-10-88) (a) The hearingand final decision on the appeal. shall be completed withinthirty (30) working daysof theDepartment's receipt of the written appeal unless theparties agree otherwise. (6-10-88) (b) The Director's final decision on the appeal or failure tomake a final decisionwithinthe required timeperiod shallconstitutefinal agency actionfor thepurposes of judicial review under the Idaho AdministrativeProceduresAct. In theevent ofjudicial review, pursuant to Section 12-117, Idaho Code, the court shallaward the person reasonable attorney fees, witness fees and reasonable expenses, if the court finds in favor of thepersonandalsofinds that theDepartmentactedwithout a reasonablebasis infact or law. (6-10-88)



# .. 05. Fees. Fees shallbe charged toanyperson request

# rng- records for the cost of both Department



# .. employee time required to identify, collect, copy, certifyormail requested records andother actual expenses reasonably incurredbytheDepartment in responding to the request. (6-10-88)

# c.



# c

# HAZARDOUS WASTE IDAPA 16.01.5750,05.a. 

# • a. The Departmentmay require fee payment or satisfactory assurance of fee payment before searching for, duplicating**o~** 

# disclosing requested records. The Department shall promptly notify the requestor by telephone or letterof theneed tomake payment or provide assuranceofpayment. (6-10-88) b. Any feemay be reducedorwaived if: (6-10-88) i. The cost of seeking_and collecting the fee wouldexceed the amount of the fee; or (6-10-88) ii. The Director determines reduction or waiver of the fee wouldprimarilybenefit the general public. Requests for reductions or waivers of fees may be made with any record request or in response to a Department request for payment or assurance of payment and shall include an explanation of the benefit to the generalpublic.(6-10-88) 

# • 06. Interagencyand Intra-agencyDisclosures. As necessary, confidential information acquiredby the Department under theprovisions of the Hazardous Waste Management Act of 1983, as amended, or**th~se** 

# regulations, may be transmitted toEPA, the United States Department of Transportation, the Idaho StateTax Commission, or such other federal or state agencies which make an adequate showingof need to the Director, provided such transmittal is made under a continued restrictionof confidentiality. (6-10-88) 01.5751

-- 01.5799 (RESERVED) 01.5800, INSPECTION PLAN 01. FrequencyLevels. The Departmentmay, as time and resources permit, conduct regular inspections of persons or entities subject to these rules, their records, andpropertyat approximately the following frequency levelsbaseduponpotential risk -to thepublichealthor environment. (6-10-88)

a. CommercialTSD facilities or sitesor offsite generatorTSD facilities or sites; up toevery day.**(6-~0-88)** 

# b. Generator onsiteTSD facilities or sites--two 

# • (2) to twenty (20) times per year• (6-10-:-88)

c. Transport vehicles as necessary. (6-10-88)

# HAZARDOUS**WAST~** 

# IDAPA 16.01.5800,01.d.

d. or· Transport

# fa~ilities sites--two

# (2)to~ twelve .(12) times per year. (6-10-88)



# e. Generators--two (2) to twelve (12) times**pe~** 

# year. (6-10-88) f. Nothing in thepreceding schedule of frequency levels may be construed as limiting the**De~artment's** 

# authority to conduct inspections when there is reasonable cause to**sus~ec~** 

# a violation of the**Ac~** 

# or these rules. The pirector may be policy gUlaance memorancum 'modify the inspection frequency levels as necessary for the effective or efficient enforcement of theAct and these rulesL**(S~lO-88)** 

# 01.5801

-- 01.5849**(~SZRVED)** 

# 01.5850,**ILLE~ AC~IONS**  

# 01. False Stat2ments or Reoresentation5. Any person who makes a false s:.a:.ement. or representation in any application, label, manifest,**rec~rd,** 

# report, permit or,other document filed, maintained or'used foOr the purpose of complying with these rules or th

. Act thereby commits a violation. Each false state­

,ment or**re~resentation** 

# constitutes a seoarate and**,distinc~** 

# vIolation for which civilpenalties may be

imposed. Any 'person who knowinglymakes a false statement or representation of the type described above is, in addition to civilpenalties, subject to criminal prosecutionfor the commission of a misdemeanor for each statement or representation. (S-10-88) 02. Fa:lure to**C=m~lv** 

# With**The~e** 

# Rules, The HWMA, or**Ot~er Rc~~irements.**  

# Any personwno violat.es these rules, the**Ac~,** 

# or anypermit, standard, condition, requirement, compliance agreement or order issued 'pursuant to these rules or the Act thereby commitsro a violation. Civilpenalties may be imposed**for~** 

# each separate violation and for each day of a con-­ tinuing violation. Anypersonwho-knowingly**commits~**



# ..a violation of the type described above is,. in Co.)



# ,addition to civil penalties, subject to crimJ.nalL.U



# prose9ution for the commission of a misdemeanor forC) each separate violation and for eachday of a continuirig violation. (6-10-88) 01.5851 01.5899 (RESERVED) 01.5900 EXPENDITURES FROM HAZARDOUS WASTE EMERGENCY ACCOUNTS.

# HAZARDOUS WASTE IDAPA016.01.5900 

# • The Directormaydeclarea hazardouswasteemergency if thepublichealth, safetyor the environmentare threatened by 

# a releaseor threatof releaseofa hazardous wasteor a substancewhichhas become a hazardouswaste. Followinga hazardous waste emergency declaration, the Department may spendor obligate tobe spentup to two "hundred thousanddollars**($2~0,000)** 

# from the Hazardous

Waste Emergency Account and from theHazardousWaste Training, Emergency, andMonitoringAccount by appropriation, toobtainequipmentandmaterials, conduct investigations, test samples, andemploypersonnelas necessary or eliminateormitigate the immediate threat and stabilize the situation. The Directormayauthorize the expenditure or obligationofmore than two hundred thousanddollars ($200,000) from these accounts inanygiven situation upon a finding by theBoard that a greater expenditureorobligationisprudent and necessary to protect thepublichealth, safetyor environment. (6-10-88) 01.5901

-- 01.5997 (RESERVED) 

# • 01.5998 INCLUSIVE GENDERAND NUMBER. For thepurposes of these rules, words used in themasculine gender include the feminine, or viceversa, whereappropriate. (6-10-88) 01.5999 SEVERABILITY. The provisions of these rules are severable and i1 a provisionor its applicationisdeclared invalid for any reason, thatdeclarationwill not affect the validityof the remainingprovisions. (6-10-88)

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# 268.40 04. 268.50 05. 270 01.5012 270.1 01. 270.10 02. 270.30 03. 270.:40 04. 270.50 05. 270.6006. 270.70 07. 12401.5013
124.1 01. Reserved02.

01.5014 Treatment Standards. Subpart D: Prohibitions on Storage. SUbpartE: HAZARDOUS WASTE PERMIT·PROGRAM. General Information. SUbpartA: PermitApplication. Subpart B: Permit Conditions. SubpartC: Changes to Permits. SubpartD: Expiration and continuationof Permits. SUbpartE: Special Forms of Permits. Subpart F: Interim Status. SUbpartG: PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR RCRA ORHWMA**PERMI~** 

# APPLICATIONS. General ProgramRequirements. SubpartA: Specific Procedures Applicable to RCRA Permits. SubpartB, (RESERVED) or HWMA

INTERIM STATUS SURFACE (42 U.S.C. 6925(j)]. IMPOUNDMENTS. [RCRA § 

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Further information regarding the rules snd regulations may be obtained from any of the following Depsrtment ofWater Resources offices:
StateOffice EasternRegionalOffice

ThirdFloorTowers 150W, Shoup Street

Bldg. Suite 115 450 West State Street IdahoFalls, Idaho 83401 Boise, Idaho 83720
WesternRegional Office Northern RegionalOffice

ThirdFloorTowers Route 5, Box 203

Bldg. 4055 GovernmentWay 450 West State Street Coeurd'Alene, 10 83814 Boise, Idaho 83720
SouthernRegionalOffice

1041 BlueLakes BoulevardNorth Twin Falls, Idaho 83301



### iii ii

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# ,.

# • •• • I 

# I 

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# "' J! 

## ,;

Page Authority and Effective Date

. Definitions

. 

### Classification of Injection Wells
- Authorizations

Prohibitions and Exemptions............................................. 

### 5 Invencory Information and Permit Requirements

_

Class Vee) Shallow InjectionWells

. Application for Permit to Construct, Modify or

Maintain an InjectionWell 8 Application Processing ••.••••••••.•.•••••••••••••••.•••••••••••.•••••••••• 10 

### The Director'sAction on Draft Permits and

Duration of Approved permits 11 Standards for The Quality of Fluids Discharged and

Criteria for Location and Use 14 Monitoring, Record Keeping and Reporting These rules and regulations and the statutea upon which they are based Requirements ••••••.••••.••••••.•.••••••••••••••••••••••••••••••••••••••• 17
are subject to change frequently. The Idaho Water Resource Bosrd snd the Permit Assignable •••••••••••.•.•.•.••.•.•••••••••••••••••••••••••••••••••• 20 

### Idaho Department of Water Resources are required to review the rules and regu­ Violations and Enforcement 20 lations at least once every two years. snd the Idaho Legislature, which meets Hearings Before the Water Resource Board 21 

### Exemption from Drinking Water Source each year, may change the statutes any time it is in session. Individuals whose activities are subject to.these rules, regulations and statutes should Designation •.•••••••••••••••••••••••••••••••.••••;••••••••••••••••••••••• 22 check periodically with the Department of Water Resources for revisions which Severability '" 24 may affect them. Chapter 39, Idaho Code 25
Similar booklets are svailable containing other laws. rules and regula­ tions administered by the Department: licensing of well drillers, well con­ 

### struction standardst 

### safety of dams, practice and procedure for hearings and LIST OFTABLES 

### other legal proceedings, geothermal resources, mine tailing impoundment struc­ tures, watermanagement account. revolvingdevelopment account and watersupply Page bank. Table Table 

# :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::**:~**

iv v

# • •

CONSTRUCTION AND USE OF INJECTION WELLS 

# r RULES AND REGULATIONS 

# 1**~,** Rule 1. AUTHORITY AND EFFECTIve DATE
The waste disposal and injection well statutes, Title 42, Chspter 39, Idaho Code, declare "[tl he groundwaters of this stste to be s public 

### resource which must be protected against unreasonable contamination or deterioration of quality to preserve such waters for diversion to 

### beneficial uses.'1 

### To implement the objectives of these statutes, the Idaho Water Resource Board pursuant to' Sections 42-3913, 42-3914, and 42-3915 Idaho Code, hereby promulgates these rules, regulations and minimum standards for construction and use of injection wells in the State of Idaho. Upon promulgation, these rules and regulations apply to all Class IV and Class Vinjection wells (see Rule 3,1,1.). These classes apply to all injection wells currently in use within the State. The Director (or State) will not promulgate regulations, or authorize construction and use of Class I, II or III injection wells until such time as these wells are essential to the economic and environmental welfare of the State.
Rule 2. DEFINITIONS 2,1. Abandonment is the discontinuance of the use of an injection well with the intent not to use the well again in the future. 2,2. Applicant means any owner or operator submitting an application for permit for the 'construction. modification, or continued usc of an injectionwell to the Director of the Department of Water Resources. 2,3. Aguifer is any geologic formation that will yield water to a well in sufficient quantities to make production of water from the formation reasonable for a beneficial use, except when the water in such formation results solely from, fluids deposited through an injection well. 2,4. Beneficial use is a use of water that is reasonable and necessary to the user and is consistent with the interests of the public in the best utilization of water supplies. Beneficial uses include but are notlimitedtodomestic.agricul

### tur al ,municipaland industrialsupplies, stockwater, and fish propagation. 2,5. Casing is conduit required by these standsrds to prevent contamination of groundwaters. 2,6. Coliformgroup (total coliform bacteria) is all of the aerobic and facultative anaerobic, gram-negative. nonspore-forming. rod-shaped



### vi

# • • •

bacteria that either ferment lactose broth with gas formation within 350C, 48 hours at or produce a dark colony with a metallic sheen 

### within 24 hours on anEndo-type mediumcontaining lactose. 2,7. Colorunit means the amount of color that is produced by 1 milligram per liter (mg/ll of platinum in the form of the chloroplatinate ion. 2,8. 

### Construct means any initial creation of a new injectionwell systemor the conversion of any 6tructure into an injection well system. 2,9. 

### Contaminant means any material causing contamination.
2,10. 

### Contamination means the introduction into the natural groundwaters of any physical, chemical, biological or radiological substance or matter in water which may:
­ 

### a. Cause a>"violation ofDrinkingWater Standards; or b. Adversely affect the health of the public; or c. Adversely affect a designated and protected use of the State's 

### groundwater.

It is intended to include the introduction of heated water or cooled 

### water into the groundwaters if the alteration of groundwater temperature renders the water less suitable for beneficial use. 2,11. Deep injection'well means an injection well which is more than eighteen (18) feet in vertical depth below land surface, and is identical 

### to the statutory phrase. tlwaste disposal and injection well.1f
2,12. Director means the Director of the Idaho Department of WaterResources. 

### 2,13. Discharge when used without qualification includes a dischsrge of a 

### contaminant or contaminants. 2,14. Drsft permit is the completed application for permit with permit 

### conditions, compliance schedules and monitoring requirements attached. 2,15. 

### Drinking water source is an aquifer which contains water having less than 10,000 mg/l totsl dissolved solids and has not been exempted from this designation by the Director of the Department of Water Resources pursuant to Rule 13. 2,16. Drinkingwater standards refers to "Idaho Regulations for Public Drinking Water Systems" as adopted by the Idaho Department of Health and Welfare. 2,17. Existing well means a deep injection well constructed before October 

### :­ ...i 1, 1980 or a shallow injection well constructed before the effective date of these rules. 2,18. Fecal coliform is the portion of the coliform group which is present 

### in the intestinal tract or feces of warm blooded animals. usually expressed as a number of organisms/IOO ml of sample.



### il

# l v··**~.** 

### -2­ 2,19. Fluid is any material or substance which flows 

### semisolid, liquid, sludge, gaseous or any other or moves whether 

### form or state. in a

2,20. Formation is a body of consolidated or unconsolidsted rock chsrscterized by s degree of lithologic homogeneity which is mappable at 

### the earthls surface or traceable in the subsurface. 2,21. 

### Groundwater is subsurface water which is in the zone of saturation. 2,22. Hazardous waste is any fluid or combination of fluids, excluding 

### radioactive wastes, which because of Quantity, concentration or characteristics (physical, chemicsl or biological) may: 

### a. Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible or incapacitating reversible illness; or b. Pose a substantial threat to human health or to the environment if improperly treated, stored, disposed of or managed. Such 

### wastes include, but are not limited to, materials which are toxic, corrosive, ignitable, or reactive, or materials which may have mutagenicJ 

### teratogenic, or carcinogenic properties. but do not include solid or dissolved materisl, in domestic 

### sewage or solid or dissolved material in irrigation return flows. Hazardous wastes are identified pursuant to the criteria set forth in Title 40, Part 261 of the Code of Federsl ReguIstions. 2,23. Injectionmeans the subsurface emplacement of fluids. 2,24. 

### Injectionwell is any excavation or artificial opening into the ground which meets the following three criteria:
a. It is a bored, drilled or dug hole, or is a driven mine shaft 

### or adriven well point; and b. It is deeper than its largest straight-line surface dimension; and 

### c. It is used for or intended to he used for injection. 2,25. 

### Irrigationwaste water is surplus water not applied to crops or runoff of surplus 

### result of irrigation. 2,26. 

### Maintain means to allow, either expressly tion well to exist in such condition as todiverted for irrigation but water from the cropland as a


### or by implication, an injecaccept or be able to accept fluids. Unless a well has been abandoned pursuant to the criteria 

### contained in these regulations it is considered to he capable of accepting fluids. 2,27. 

### Mechanical integrity means that an injection we11 is constructed and maintained to perform in an acceptable manner as prescribed in these regulations and the conditions and specifications of the authoriza

### tion or permit. 2,28. 

### Modify means any alteration in the construction of an injection well, but does not include cleaning or redrilling operations which neither deepen nor increase the dimensions of the well.

-3­

# • • ---_._--------
­ 

# •

2,31. 2,30. 2,29.

Unit) means the amount of light scattered formazin polymer at right angles to the

.1 

### Operate means to allow fluids to enter an injection well by action or by inaction of the operator. 

## , NTU (NephelometricTurbidity 

# bYa stsndard suspension of llsht 80UrCth

. 

### Nearest boundary of the receivingaquifer is the water table in an

### un~onfined aquifer or the base of the confining layer of an artesian aquifer.

. I



### 2,41. 2,40. distance for the existing injection well. L 

### The existing injection well is abandoned by an approved method within 30 days of completion of construction of the replacement well. Sanitary waste is any fluid generated through domestic activities. such as food preparation. cleaning and personal hygiene. 

### Schedule of compliance means a schedule of remedial measures including an enforceable sequence of actions or operations leading tocompliance with the standards. 2,32.

### ~~ company, 

### district, is any individual, group of individuals, partnership, corporation, nJJnicipality, county, state agency. taxing 

### federal agency or other entity whooperates or proposes to 2,42. Shallowinjectionwell equal to eighteen (18) is an injection well which is feet in vertical depthbelow land less than surface. or

operate any injectionwell. 2,43. Statemeans the State of Idaho.

2,35. 2,34. 2,33.

Perchedwater zone is a local zone of saturation existing at some level above the main aquifer. corporation. 

### or employee partnership. or an agent Perdon means an individual, association, municipality,' state or federal agency. 

### thereof. Owner is aoy individual, group of individualsI partnership, company,

### ~ration, ul.micipality. countyI state agencyI taxing district, 

### federal agency or other entityowning land on which any injectionwell exists or is proposed to be constructed.

2,45. 2,44. Surface runoffwater is runoff water Hom the natural ground surface and cropland. Runoff from urbanized areas, such as streets, parking lots, airports, and runoff from animal feedlots, agricultural processing facilities and similar facilities is not included within the 

### scope of this phrase.
Threshold odornumber means the ratio by which the sample has been diluted to reach the least definitely perceptible odor that can be detectedby humannose as determined by a panel of at least five persons.



### 2,36. Point ofdischarge is injected fluids leave the deepest point below land surface from which thebore, hole or shaft of an injectionwell. 2,46. Well head-is thepoint,**downst~eam** 

### of any where fluids enter the injection well. filters or treatmentdevices,

2,37• Radioactive material is any material, emits.radistion spontaneously_ solid, 

### liquid or gas which Rule 

### 3. CLASSIFICATION EXEMPTIONS OF INJECTION WELLS

- AUTHORIZATIONS, PROHIBITIONS AND



### 2,38.

2,39.



### e. d. 

### c. 

### b. Replacement well means an injection well construc-ted to replace an existing injection well. authorized for use under these regulations. 

### that meets the following criteria: a. The replacement we11 is located within 200 feet of the existing injectionwell. The injected fluids are from the same source as the fluids injected through the existing injectionwell. The injected fluids are of equal or better quality than the fluids injected through the existingwell. Construction features of the replacement well are similar to the features of the existing well lind meet or exceed minimum well construction standards. 

### The distance between the point of discharge and the nearest boundary of the receiving aquifer is at least as great as that Radioactive waste is any fluid which contains radioactive material in 

### concentrations which exceed those established for discharges to water in an unrestricted areaby the board of health and welfare. 3,1. 3,1,1. For the purposes of these rules and regulations, injection wells are classified as follows: a. Class I - Wells used to inject hazardous waste or other industrial and municipal wastes beneath the lowermost formation containing a drinkingwater source. 

### b. Class II

- Wells used to inject fluida which are (I) brought to the surface with conventional oil or gas production, (2) utili

### zed for enhanced recovery of oil or gas, or (3) 

### stored as liquid hydrocarbons at standard temperature and pressure in the injection formation. 

### c. Claas HI

- Wells which inject for the extraction of minerals unlessused for solution mining in conventional mines. 

### d. Class IV - Wells used to inject hazardous or radioactive wastes intoor above a formation whichcontainsadrinkingwater Bource. 

### e. Clasa V - All injection wells not included in Classes I, II, Classificationof InjectionWells



### -5­ -4­**~.f6"'**

# • • •

Ill, (I) or IV. Class Vwells are Class V(a) well is a deep subclassified as follows: injection well other than Class I 

### 3,2,3. Construction and use of Class V(a), V(b), and V(c) injection wells through IV, or Cias s V(c) and Class V(d), that discharges may be authorized by permit as approved by the Director.
or 

### wi11 discharge fl uid s into a drinking water source, or a deep injection well that discharges or will discharge 

### 3,2,4. Class V(d) wells are authorized by these rules until an inventory and fluida which are likely to migrate to a drinking water assessment of the contamination potentiaT'posed by the use of such source. wells is completed, provided that use of any Class V(d) well shall ( 2) Class V(b) well is a deep injection well other than Class I not result in the contamination of a drinking water source. The through IV or Class

### vtc ) and V(d), that extends or will be OWners or operators of Class V(d) wells shall provide the Director with constructed to extend below all drinking water s ou rcea into the inventory information required under Rule 4,1.1. within one (1) unsaturated voids, nn aquifer containing fluids not suit­ year of the effective date of these regulations.

(J) able as a drinking water source, or an exempted aquifer and is or 

### wi11 be coustructcd to prevent the discharge, migration, or leakAge of either native or injected fluids into drinking water sources. Class V(c) well is a deep injection well that returns or will return groundwater to the subsurface after the water has passed through a closed-loop heat exchange unit. 

### 3,2,5.

are
Director"­ well

in contamination of a drinking a Class V(e) shallow injection without permit provided that: information is submitted to the Construction and use of authorized by these rules
a. Required inventory pursuant to Rille 4. Use of the well shall not result water source. 

### b.
(4) Class will V(d) well is inject fluids a deep injection well that injects or containing wastes resulting from the 

### 3,2,6. Class V(e) shallow injection wells used for the disposal of nonhazardmining and concentration process into mined out portions of ous and nonradioactive sanitary wastes generated in, on, or in consubsurface mines. junction with a single fami

### 1y noncommercial dwelling are exempt from (5) Class V(e) well is a shallow injection well that injects or the authorization requirements of these regulations, but are subject will inject nonhazardous or nonradioactive wastes. to rules and regulations promulgated Public Health Act of 1972 (Title 39, under the Idaho Chapter 1). Enviornmental and 

### 3,1,2. Class
a. b.
c. Vwells include, but are not limited to: Air conditioning, heat pump and cooling water return flow wells; Wells used for the disposal of sanitary wastes; Wells used for the disposal of storm water runoff and irrigation waste water; 

### 3,2,7. entities involved
are exempt from shall comply with State or l oc a I and maintenance V(e) welis, bu t rule

### s , in highway and street construction the permit requirements for Class the inventory requirements of these d. Recharge wells; Rule e. Wells used to inject a mixtu r e of water and sand, mill tailings 

### 4.
f. or other solids into mined out portions Wells used to inject fluids to reduce of or subsurface eliminate mines; subsidence INVENTORY INJECTION INFORMATION WELLS AND PERMIT REQUIREMENTS - CLASS V(e) SHALLOW

g. associated with the overdraft of fresh water; Radioactive**~1terials** injection wells other than Class IV; 

### 4,\, Inventory Information h. i. Wells Wells used used to inject spent geothermal fluids; for**sol~ltion** mining of conventional mines; 

### 4,1,\, As a condition of authorization, all owners or operators of existing 

## r­ injection wells u s ed in experimental technologies; Class V(e) injection wells that dispose of nonhazardous and nonradiok , Injection wells used for in situ recovery of lignite, coal, tar active wastes are required to submit the following inventory informasands or oil shale. tion to the Director these regulations: within one (1) year of the effective date of 3,2. Authorizations, Prohibitions and Exemptions a. Facility name and location; and 

### 3,2,1. These regulations do not Authorize permitting, construction or use of b. c. County in Ownership which the injection welI(s) of the well(s); and isLare) located; and

any Class I, II or III injection well. d. Name, address and phone number of legal contact; and e. Type or function of the well(s); and 

### 3,2,2. Prohibition of Construction of Injection of a well to be hazardous used for and of radioactive wastes ­ injection of hazardous wastes f. g. Number of wells of each type; and Operational status of the well(s).

or of radioactive wastes into injection of hazardous wastes or or above a drinking water of radioactive wastes source, through or an 

### 4,1,2. As a condition of authorization to construct a new Class V(e) injecexisting hibited. injection well into or above a drinking water source is pro­ tion well the owner for the disposal of nonhazardous and nonradioactive wastes, or operator of the proposed injection well shall

## .ubmi~, in



### -6­ -7­

# • • •

,

addition to the information requested under Rule 4,1,1. 1 the location of the well by legal description to the nearest l Or-acre tract, or by highway milepost vher e the injection well is owned or operated by a state or local entity involved in highway and street construction and maintenance. f. g. h. L, County in which the injection well is located; Construction information for the well; Quantity and general character of the injected fluids; Operational status of the well (under construction. active, doned, etc.); aban4,2. Permit Requirements j. A topographic map or aerial photograph extending property boundaries, depicting; one mile beyond

If operation of a Class V(e) injection well is causing or may cause contamination of a drinking water source the Director shall require immediate cessation of the injection activity. Where a Class V(e) injection well is**own~d** or operated by an entity other than a state or local entity involved in highway and street construction and maintenance , the Director may authorize continued operation of the well through a permit that specifies tile terms and conditions of acceptable (1) (2) (3) (4) (5) (6) location of the injection we11 and associated described in the application, locations of other injection wells, approximate drainage area, if applicable, hazardous waste facilities, if applicable, all wells used to withdrawdrinking water, all other wells, springs and surface watera. fadlities

operation. 5,2,2. Additional information required for all Clsss V(a) injection wells: Rule**~.** APPLICATION WELL FOR PERMIT TDCONSTRUCT, MODIFY OR MAlNTAIN AN INJECTION 8. Distance and direction b. Depth to groundwater;
c. Alternative methods of to nearest domestic

waste disposal. well;



### 5,1. Application Requirements For All Class V Wells, V(d) and V(e)**Wells'~uthorized** Without Permit Except Those Class 5,2,3. Additional information required for all Class V(b) a. A topographic map(s) showing locations of the two-mile radius of the injection well; injection wells: following within a
5,1,I. No deep injection well except Class V(d) wells shall continue to be maintained or used after the effective date given in Section 42-39D3, Idaho Code, unless a permit therefor has been issued by the Director
or an application for a permit therefor has been received by the Director. No injection well requiring a permit under Rule 3 shall be constructed, modified or maintained after the effective date given in Section 42-3903, Idaho Code, unless a per mit therefor has been issued by the Director. No injection well requiring a permit shall c ontLnue to be used aiter the expiration of the permit issued for such well unless another application for permi t therefor has been received by the Director. All applications shall be on forms furnished by the Director. b. (I) all wells producing water, (2) all exploratory and test wells, (3) all other injection wells, (4) aurface waters, (5) mines and quarriea, (6) residences, (7) roads, 

### (8) bedrock outcrops, (9) faults and fractures. Additional maps or aerial photographa of suitable scale to accurately depict the following; (1) location and surface elevation of the injection well described in this permit, 5,1,2. All applications for permit to construct, modify injection well, as required by these regulations, panied by a filing fee of fifty dollars ($50.UO). or maintain an shall be 

### acc om­ (2) (3) location and identification of all facilities within the property boundaries, locations of all wells penetrating the proposed injection zone or within a one-quarter mile radius of the injection 5,2. Application Information Required (4) well, maps and cross sections depicting; 5,2,I. The following information is required. unless the Director determines that it is not needed in whole or in part and issues a written waiver to the applicant, for all injection wells to be authorized by permit: (0 all underground sources of drinking water to include vertical and lateral limits within 

### a one-quarter mile radius of the injection well, their position relative to the injection zone and the direction of water movement,

e. 

### a. b. c. d. Facility name and location; Name, address and phone number of the well operator; Clas., subclass snd function of the injection well (see Rule 3); Legal descriptionof thewell location tothenearest 10-acre tract; Ownership of the well; c. (ii) local geologic structures, (iii) regional geologic setting; Acomprehensive report of the following information: (1) a tabulation of all wells penetrating the proposed zone. listing; (i) owner, lease holder and operator, injecton



### -8­ -9­

# • • •

Oilwell identification (permit) number, (iii)size, weight, depth anJ cementing data for all strings of casing; (2) deacriplion.of the quality and quantity of the fluids to be injected; (3) geologic and physical characteristics of the injection zone 

### andconfiningbeds; (4) on$lnourina data for the proposed injection well;**(~)** proposed operating pressure; 

### (6) a 

### detailed evaluation of alternative disposal practices; (7) a plan of c o r r e ctive action for wells penetrating the zone of 

### injection, but not properly sealed or abandoned; (8) contingency plans to cope with all shut-ins or well failures to prevent the migration of unacceptable fluids into underground sources of drinking waters; d. Name, address and phone number of pc rsonfs ) or firm(s) supplying 

### the technical information and/or designing the injection well;
e. Proof that the applicant is financially responsible, through a 

### performance bond or other appropriate means. to abandon the injectionwell in accordance with the conditions of the permit.

The Director may require of any applicant such additional information**~,2,4.** as may be necessary to demonstrate that the proposed or existing injection well will not endanger drinking water sources. The Director will not complete the processing of an application on which he has requested additional information until such time as the additional information is supplied. The Director may return any incomplete application and wi11 nut process such application until such time as the incomplete application 

### is re c eived in complete form.

Rule 

### 6. APPLICATION PROCESSING
6,1. Draft Permit
After all application info r mation is received and evaluated, the Director will prepare a draft**p~rmit** or denial, which will include the application for permit, permit conditions or reasons for denial, and any compliance schedules or monitoring**r~quircments.** In preparing the draft permit or denial, the Director shall consider the following factors: a. The availability of economic and practical alternative means of disposal; b. The application of best management practices to the facilities and/or area draining or injecting into the well;
c. The avsilability of economical, practical means of treating or otherwise reducing the amount of contaminants in the discharge; d. The quality of the receiving aquifer; e. The location of the injection well with reapect to drinking water
sources. 

### 6,2. Public Notice

The Director will provide public notice of any draft permit to construct, maintain or modify a Class V(a), Class V(c) or Class V(e) injection well by means of a press release in a newspaper of general circulation in the county in which the well is located. The Director may give additional notice as he considers nocellar)" to adequotQly inform tho tntercatcd public nnd governmental agencies.

For Class V(b) draft permit. and for any other draft permit containing
a waiver, the Director shall provide public notice by means of a legal notice in a newspaper 

### of general circulation in the county in which thewell is located. There shal l be a period of at least thirty (30) daysfollowing publication for any interested person to submit written comments and to request a fact-finding hearing. The hearing will be held by the Director if he deems it necessary. 

### 6,3. Review by the Directors of Other State Agencies.

The Directors of other state agencies, as determined by the Director, shall be provided the opportunity to review and comment on draft permits. Comments shal l be suhmitted to the Director within 30 days of the public or legal notice. 

### 6,4. Fact-Finding Hearings

The Director at his discretion or upon motion of any interested individual may elect to hold a fact-finding hearing. Said hearing will be held at a location in the geographical area of the injection well and may consider related groups of draft permits. Notice of said hearing will be provided at least thirty (30) days in advance of the hearing by regular mail to the applicant and to the person or persons requesting the hearing. Public notice of the fact-finding hearing will be made	 by means of press release to a ne"wspaper of general circulation in the county of the application. Rule 7, THE DIRECTOR'S ACTION ON DRAFT PERMITS AND DURATION OF APPROVED PERMITS 

### 7,I. General 

### 7,1,1. The Director will consider the following factors in taking final action on draft permits:

a. The likelihood and consequences of the injection well system failing; b. The long term effecta of .uch disposal;
c. The recommendations and related justifications of the Directors of otherstate agencies.

After considering the draft permit for construction, ondification. or maintenance, and all pe r rine n r matrer s relating thereto, the Director



### -10­ -11­

# • • ..

c. Injection of any contaminnnr into a present or future drinking shall issue 

### Rule 8 will a 

### be permit if he 

### met and that finds that the 

### drinking water standards and criteria of 

### sources will not otherwise d. water source that may Calise a health hazard designnted and protected

### llS~ is prohibited. or adversely affect a
be unreasonably affected. If the Director finds that the standards and criteria cannot be met or that drinking water sources cannot otherwise be protected from contamination at nIL times, he fMy deny 

### e. The injection well owner or o;>erator Shall develop approved ce du r a s to detect faiIur-u in .1.

## tim~ly fashion and shall have tingency plans to cope

### ~ith tIle well·faillire. proconthe draft permit or issue drinking water sources. a permit with conditions designed to protect Authorized rCpreSE:llt<:1tlves of the enter, inspect anel/or sample: (1) the injection

....·cll ,1n.d related Department facilities; shall be allowed to

The Director's decision shall be in writing and a copy shall be mailed (2) the owner or operator's records of the injection operation; by regular mail to the applicant and to all 

### writing on the draft permit or appeared at a the draft permit. persons 

### hearing who commented in 

### held to consider (3) (4) monitoring instnJlIli:ntati.on operation; and the injected fllIi.ds. associated with the injection



### 7,2. Permit Conditions and Requirements L The injection facilities sh a l l be operated and maintained to achieve

## compli3n~e with all terms and conditions of this permit. (1) proper operation and

## m.1inten~lnce includes effective performAny permit issued by the Director shall contain conditions to insure ance, adequate funding, operator staffing and training, and that drinking water sources tamination. In addition to wiLl be specific protected from waste and conconstruction, operation, mainadequate laboratory .:llld process controls, ate quality assurance procerlures. including appropritenance and monitoring requirements that the Director finds necessary, each permit shall be subject to the standard conditions and requirements of this Rule. g. (2)
Tile if compliance cannot he met, the action or terminate in.iection.

owner shall mitigate any aJverse owner Shall take corrective impacts resulting from non

### h. compliance with the

### term~ and conditions of the permit. 

### 7,2,1. Construction Requirements If the injection well Wi1S constructed prior to issuance of this
a. Well drillers or other persons involved with the construction of permit, the well shall be brought into compliance with the terms any injection well requiring a permit shall not commence construction on the facility until a certified copy of the approved permit is obtained from the Director. i. and conditions of this pe r mit in accordance with compliance issued by the Director. The permit shall not conVey ally property rights. the SChedule of

b. Deep well injection driller to wells shall conform with be the constructed by 8 licensed water current MinimumWell Construction 7,2.3. Conditions of Abandonment Standards and the conditions of the permit, except that a driller's a. Notice of abandonment shall be submitted on a form provided by the license is not r e quir e d for the construction of a driven mine Director not less than ten working days prior to Commencement of

c. shaft or 8 dug hole. Shallow injection wells shall the conditions of the permit. be constructed in accordance with b. the abandonment activ.1ly, except under Rule 7,2,5h. The method of abandonme nr; for as provided for
all injection Class

vel l s V(b) wells
shaLl be d.

e. Injection wells shall be constructed to prevent the entrance of any fluids other than specified in the permit. Injection wells shall be constructed to prevent waste of artesian fluids or movement of fluids from one aquifer into another. c. approved by thc Director p r l o r to commencement of the abandon­ ment activity. Notice of completion of abandonment shall be submitted to the Director within 30 days of completion. f , When construction or modific ation of an injection well ha

### s been d. All deep injection wells shall be plugged with cement or other completed I completion the
on a owner or operator shall inform form provided by the Department. the Director of impervious material in Such 11 fluids into or between drinking manner as to prevent water Sources. movement of

g. A sampling port shall be provided at the well head if the injec­ e. Following permanent cessc1tio\l of use, or where Bil injection well tion well system is enclosed. LS not completed, the Dirt:ctor shall be notified. Abandonment

. 7,2,2;· Operational Conditions
a. The injection well shall not be used until the construction, operation and maintennnce requirements of the permit are met and provisions are made for any required inspection, monitoring and 

### f. or operator shall maintain the financial that the injection operation is abanprocedures or other action, as prescribe d by the Director, shall be completed• The injection**w~ll** OWller responsibilit.y to insure dOlled as prescribed.

b. record keeping. Use of the injection well is prohibited integrity of the we 11 is demonstrated to an until the
authorize d mechanical Department 7,2,4 Additional Conditions Injection Hells and Requirements Pertaining to Class V(a) representative.



### -12­ -13­

# • • •

a. Class V(a) inje ction wells shall comply with Rule 8,3. of these premise that if the injected fluids meet Drinking Water Standards at Rules, or as otherwise specified by the Director. the point they enter an aquifer suitable as a drinking water source, b. Fluids discharged to Class V(a) wells of effluent quality outlined in Rule shall not exceed the 8,2. of these Rules, limita
or as 

# l then that aquifer wi11 be for beneficial use. The protected Director from may, contamination however, when and it preserved is deemed otherwise specified by the Director. necessary, require specific injection wells to be constructed and operated in compliance with additional requirements so as to protect 

### 7,2,5. Additional Conditions and Requirements Pertaining to Class V(b) the groundwater resource for diversion to beneficial use. Injection Wells a. All drinking water sources shall be protected by casing and seal­ 8,1,2. A waiver of one or more standards may be granted by the Director if ing the injection well from the zone of injection to land surface. the applicant applies for in writing and can demonstrate that the b. Injection shall be through tubing with an annular packer set be­ drinking water sources will not be degraded below Drinking Water tween the tubing and casing immediately above the zone of injec­ Standards, or rendered unsuitable for other beneficial uses, without 

### tion. complying with certain minimum standards for injection wells. c. Construction shall be designed for the life expentancy of the
weII. 8,2. Standards for Quality of Fluids Discharged to Class Veal Wells and d. Geophysical logging shall be performed, as determined by the Class Vee) Wells Requiring Permits Director, before and after the casing is installed in the well bore. 8,2,1. Effluent quality standards

- After the effective date of theae stane. 

### If monitoring indicates the movement of injected or formation dards, the following limits shall not be exceeded in the discharge to fluids into a drinking water source, the owner or operator shall a well at the well head when such discharge will or is likely to reach nofity the Director immediately. Corrective action, as prescribed a drinking water source. (njection wells that discharge directly into by the Director, shall be completed within the time allotted. 

### lava tubes, fractures, crevices, or other voids that 

### may conduct the f. Operation of a Class V(b) injection well is prohibited if the injected fluids directly to the aquifer or a producing we

### 11 , shall injected fluids can migrate into any well within the zone of comply with the water quality standards of wells discharging effluents endangering influence which has not received a permit expressly directly into groundwater. for the injection or withdrawal of fluids of similar quality. The a. Chemical characteristics - The concentration of each chemical conzone of endangering influence shall be determined by the Director stituent in the discharge shsllnot exceed DrinkingWaterStandards 

### on a case-by-case basis. for that chemical constituent, or the concentration of each chemig. A30-day comment period shall be provided for all notices to aban­ cal constituent in the receiving water, whichever requirement is don a Class V(b) lnjection well. less stringent, except as provided in subsection b. of this**rule~** b. Color, odor, and total organic carbon

- Color shall not exceed lOa 

### 7,3. Duration of Approved Permits color units; odor shall not exceed a threshold odor number of 30; and total organic carbon shall not exceed 10.0 mg/I. 

### 7,3,I. The length of time that a permit may be in effect shall not exceed c. Temperature - The temperature of the discharge water shall not five 

### (5) years for Class V(b) wells. result in the receiving groundwater becoming less suitable for diversion to beneficial uses, as determined by the Director. 

### 7,3,2. The length of time that a permit may be in effect for Class V(a), d. Radiochemical characteristics

- Radiochemical levels of the Class V(c) and Class Vee) wells requiring permits shall not exceed ten injected fluids at the well head shall not exceed those levels (10) years. specified in the Drinking Water Standards.
e. Bacterial and turbidity standards. Table I sets limita that Rule relate to the distance between the point of discharge and the 

### 8. STANDARDS FOR THE QUALITY OF FLUIDS DISCHARGED AND CRITERIA FOR nearest boundary of the receiving aquifer. These limits are less WCATION AND USE stringent than drinking water standards because of the nonpersistence and/or sorptive properties of these constituents. 8,1. General (1) the owners or operators of wells constructed on or after the effective dates of these regulations** shall comply with the 8,1,1. The role of the Director, is to determine whether or not the injection bacterial and turbidity standards at the IoIell head set forth 

### wells and their respective owners or operators are 

### in compliance with the intent of waters of the theae state rules and regulations, against contamination. thus protecting the groundThese standards, which are 

## ** The effective date for Class Veal wells is October I, 1980; the effective minimum standards that are to be adhered to for all deep injection date for Class Vee) wells requiring permits is the effective date of these wells and shallow injection wells requiring permits, are based on the rulea.



### -14- -15­

# •

and/orsurface runoff water or Class V(c) and V(e) wells, will not 'normally be subje

### ct to eon'irorLng , record keeping, and reporting r e quir e ments , The Director"may require monitoring, record keeping, and reporting by any owner or operator 

### if the Director finds that the well may be adversely affecting a drinking water source or is discharging a contaminant that could 

### have an unacceptable impact upon the quality of the groundwatcrs of the**stat~.** 9,1. Monitoring 

### 9,1,1. 

### Any di

### sc ha r ga authorized by the Director shall be subject to such monitoring and**r~cord** keeping**requirem~nt8** as the Director may require
as a condition of the permit. Such conditions may require the installation, use and maintenance of monitoring equipment or methods. The**Oir~ctor** may require,**wh~re** appropriate, but he is not limited to 

### thefollowing:
8. Monitoring of injection pre s su r e s and pressures in the annular space between casings; b. Flow rate and volumes; 

### c. Analysis of quality of the injected fluids for contaminants which
are subject to limitation or reduction under the conditions of the permit or contaminants which the Director determines on the basis of information available to him, could have an unacceptable impact 

### on the quality of the groundwaters of the state and which the Director has reason to believe are in the discharge; d. Monitoring of groundwater through special monitoring wells or existing production wells in the area of impact as determined by the Director;


### e. Ademonstration of the mechanical integrity of the injection well. 9,1,2. 

### The frequency of required monitoring shall be specified in the permit when issued t except that the Director at any time may, in writing require additional monitoring and reporting. 

### 9,1,3. 

### All monitoring tests and analysis required by permit conditions shall be performed in 8 state certified laboratory or other laboratory approved by the Director in accordance with the recommended methods set forth in "Standard Methods for the Examination of Water and Wastewater," American Public Health Association; "Methods for Chemical 

### Analysis of Water and Wastes," EPA, American Society for Testing and Materials Standards; or other authority recognized by the Director. 

### 9,1,4. a 

### condition of the permit, shall be required by the Director to be Any field instrumentation used to gather data, when specified as
tested and maintained in such a manner as to ensure the accuracy of 

### thedata. 9,1,5. 

### All samples and measurements taken for the purpose of monitoring shallbe representative of the monitored activity. 

# •

9,2. 

### Record Keeping 9,2,1. The permittee shall maintain records of all monitoring activities to include: a. Date, time and exact place of sampling; b. person or firm performing analysis; c. Date of analysis, analytical methods used and results of analysis; 

### d. Calibration and maintenance of all monitoring instruments; and e. All original tspes, stripcharts or other data from continuous
or automated monitoring instruments. 

### 9,2,2. 

### The permittee shall retain for a period of five (5) years sll records of monitoring, construction and application information. The period 

### ofretention shall be extended during the course of any litigation regarding the discharge of contaminants by the permittee or when 

### requested by the Director. This requirement shall continue in effect during the five (5) year periud**followin~** 

### absndonment of a well. 9,3. 

### Reporting 9,3,1. Monitoring results obtained by the permittee pursuant to the moni

### toring requirements prescribed by the Director shall be reported to theDirector as required by permit conditions. 

### 9,3,2. 

### The Director shall be notified in writingby the permittee within five (5) days after the discovery of violation of the 1erms and conditions of the permit. If 

### the injection acti

### vjty 

### endangers human health or the environment use of the injection well shall be immediately discontinued and the owner or operator shall immediately notify the Director.


### Notification shall contain the following information:
a. Adescription of the violation and its cause; b. The duration of the violation, including dates and times; if not corrected or use of the well discontinued, the anticipated time of correction; c. Steps being taken to reduce, eliminate, and prevent recurrence 

### of the discharge. 9,3,3. Where the owner or opera"tor becomes aware that it failed to submit 

### any relevant facts in any permit application or report to the Director, thst person shall promptly submit such facts or information. 9,3,4. The permittee shall furnish the Director, within a reasonable time. any information which the Director may request to determine 

### compliance with this permit. 9,3,5. 

### All applications for permits, notices and reports submitted to the Director shall be signed and certified. 9,3,6. 

### The Director shall be notified in writing of planned physical alterations or additions to any facility related to the permitted injection well operation. 

# •

-19­ -18­

# • • •

9,3,7. Additional information tobe reported to the Director in writing: a. Transfer of ownership; b., Anychange in operational status not previously reported; 

### c. Anyanticipated noncompliance; 

### d. Reports of p

### r og r e s s :toward meeting the requirements of any compliance schedule attached or assigned to this permit.
9,3,B. 

### Owners or operators of Class V(b} injection wells shall submit quarterly reports to the directorwhich shall include: a. Characteristics of the injected fluids; b. Monthly ranges and means of injection pressure) and volume and 

### flow of the injected fluids; c. Monitoring well data, as prescribed in the permit conditions; 

### d. Results of any test of mechanical integrity performed during the reporting period.
Rule 10. PERMIT ASSIGNABLE
Permita shall be assignable to a new owner or operator of an injection well if the new owner or operator shall, within thirty (30) 

### days of the change, notify the Director of such change. The new owner or operator shall be responsible for complying with the terms and conditions of the permit from the time that such change takes place.
Rule 

# . II. 

### VIOLATIONS AND ENFORCEMENT 11,1. Violations 

### 11,1,1.It shall be a violation of these regulations for any owner or operator to: B. Fail to comply with a permit or termor condition thereof; 

### b. Fail to comply with applicable effluent standards and limitations or applicable water quality standards;
c. Fai 1 to comply with any permit application notification or 

### filing requirement; d. Knowing Iy make any fal

### s e statement. representation or 

### certification in 

### any application. report. document, or record fi

### led pursuant to or required to be maintained by these regulationsor terms and conditions of an issued perroiti
e. Falsify. tamper with, or knowingly render inaccurate, any monitoring device or method required to be maintained or uti

### lized by the terms and conditions of an issued permit. 11,1,2.It shall be a violation of these regulations for any person to construct. operate, maintain. convert, plug, abandon or conduct any other activity in a manner which results or may result in the unauthorized injection of a hazardous waste or of a radioactive waste 

### throughan injection well. 11,1,).The Director wi 11 not take enforcement action for violations of the distance standard in Rule 8,3,1. resulting from development of a well or spring subsequent to issuance of the permit if the injection well owner or operator complies with any order of compliance issued by the Oirector. 

### 11,2. Enforcement 

### 11,2,1.Violation of any of the prOV1Slons of the Waste Disposal and Injection Well Act (Chapt

### e r 39, Title 42, Idaho Code ) or of any rule, regulation,' standard or criteria pertalnlng to the Waste Disposal and Injection Well Act may result in the Director pursuing one or more of 

### thefollowing remedies:
a. The Director may cancel the permit to construct, modify or maintain any injection well authorized thereunder. b. The Director may seek an injunction or restraining order 

### restraining any person from violating or attempting to violatethe**provi~ions** of these regulations. c. The director may issue a cease and desist order to restraln 

### any person from violatingRule 11,1,2. of these regulstions. 11,2,2.In the event of any violation, the Director may seek in a court of competent jurisdiction such civil remedies as may be appropriate and provided by law against the violator and may request the prosecution of any criminal offenses in a court of competent jurisdiction.


### Rule 12. HEARINGS BEFORE THE WATER RESOURCE BOARD 12,1. General
All hearings before the Idaho Water Resource 80ard shall be conducted in accordance with Chapter 52, 

### TitIe 67, 

### Idaho Code, at a place convenientto the owner. For purposes of such hearings. the IdahoWater 

### Resource Board or its designated hearing officer shall have power to administer oaths,**examin~** witnesses. and issue in the name of the said Board subpoenas requiring testimony of witnesses and the production of evidence relevant to any matter in the hearing. Judicial review of 

### the final determination by the Idaho Water Resource Board may be secured by the owner by filing a petition for review as prescribed by Chapter 52, 

### Title 67, 

### Idaho Code, in the District Court of the county wherein the injectionwell is situated or proposed tobe located. The petition for review shall be served upon the Chairman of the Idaho Water Resource Board and upon the Attorney General. 

### 12,2. Hearings on Conditional Permits, Disapproved Applications, or Petitions for Exemption 

### Anyperson aggrieved by the approval or disapproval of an application, or by conditions imposed upon a permit or by the Director's decision 

### on a petition for exemption under Rule 13 

### of these regulations, shall be afforded an opportunity for a hearing before the Idaho Water Resource Board or its designated hearing officer. Written notice of such grievance shall be transmitted to the Director within thirty (30)



### -20­ -21­

# • • •

days after receipt of notice of such approval, disapproval or conditional approval. Such hearing shall be held for the purpose of determining**wheth~r** the permit shall be issued) whether the conditions imposed in a permit are reasonable. whether a change in circumstances warrants a change in conditions imposed in a valid permit, or whether the Director's decision on a petition for exemption should not be changed. 12,3. Hearings on Permit Cancellations
Whenthe Director has reason'to believe the operation of an injection well, for which a permit has been issued, is interfering with the right of the public to withdraw water for beneficial uses. or is
c au sing contamination of a drinking water source, he may cancel such permit. Prior to the cancellation of such permit there shall be a hearing before the Water Resource Board for the purpose of determining whether or not the permit should be cancelled. At such hearing, the lJirector shall be the complaining party. At least thirty ()O) days prior to the hearing, a notice, which shall be in accordance with Chapter 52, Title 67, Idaho Code, shall be sent by certified mail to the owner or operator whose permit is proposed to be cancelled. The Board shall affirm, modify, or reject the Director's decision and make its decision in the form of an'order to the Director.

Ru Ie 13. EXEMPTION FROM DRINKINCWATER SOURCE DESIGNATION 

### 13,1. General
Allaquifers or groundwater systems in Idaho are likely to fit within the definition of "drinking water source" (Rule 2,l3.). Some of these aquifers may be isolated from groundwater systems currently utilized as drinking water sources and situated at such depths or contain water of such quality that they would never be utilized as drinking water sources. These isolated aquifers may be employed in the best interests of Idaho as disposal sites for.certain contaminants, as authorized for disposal under these regulations.
Under the authorities of Section 1805, Title 42, Idaho Code, the Director may determine, "[r

### lhe most effective means by which these water resources may be applied for the benefit of the people of this state. II The Director may exempt an aquifer or portion thereof from a drinking water source designation if: a. It is not currently a drinking water source. and; b. It will not be utilized. as a drinking water source in the future because; (1)it is situated at such a dept or location that recovery for drinking water purposes is economically or technologically impractical; (2)it is so contaminated that it would be economically or technologically impractical to render the water fit for human consumption; or (3)the total dissolved solids content of the groundwater is greater than 3,000 mg/l and it is not reasonably expected to supply a public water system.
The Director shall not provide an exemption without first considering the recommendations of the Director of the Department of Health and Welfare and providing the opportunity for a fact-finding hearing. 

### 13,2. Petition for Exemption 13,2,1.Any owner or operator proposing to inject contaminants autho rized under Rule 3,2. into an aquifer or portion thereof that is within the definition of a drinking water source. but is not currently used as a drinking water source, and is not likely to be used as such in the future, may petition the Director for an exemption to that designation.
13,2,2.The petition for exemption shall contain: a. Reason or reasons for the exemption; b. A description of the aquifer or part thereof proposed for exemption, to include the vertical and Lateral limits and gradient of the aquifer;
c. A description of the overlying geology to include all aquifers or groundwater systems, lithologies and controlling features; d. Groundwater resources in the area overlying the aquifer proposed for exemption; e. Any other information that the Director may deem necessary to make his decision.
13,3. Director's Action 13,3,1.The Director shall provide legal notice of the proposed exemption in a newspaper or newspapers of general circulation in the area that may be effected by the exemption. The notice shall provide locations where the petition for exemption may be reviewed and shall provide fora comment period of 30 days. 13,3,2. A fact-finding hearing may be requested by any person or persons that

.could be effected by the exemption. All hearings shall be conducted in accordance with the procedures set forth in Rule 6,2. of these regulations.
13,3,3.A copy of the petition for exemption will be submitted to the Director of the Department of Health and Welfare for his recommendation. He shall provide written notice of his recommendation to the Director of the Department of Water Resources within 30 days of receipt, or within 15 days of any hearing pertaining to the petition.
13,3,4.After due consideration of the petition and upon receipt of the recommendation of the Director of the Department of Health and Welfare) the Director shall either approve ·or disapprove the petition for exemption.

-23­ 

### -22­

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13.4. Hearings Before the Water Resource Board 

### . Any person aggrieved by the Director's decision shall have the right

to a hearing befor'e-"the Idaho Water Resource Board pursuant to Rule 

### 12,1. of these regulations.
Rule 14.**S~V&RA81~ITY** 

### The provls10ns 

### of these regulations are severable and 

### if any provisions or the application of such provisions to any person or circumstance is declared invalid for any reason, such declaration shall 

### not affect the validity of remaining portions of these regulations. TITLE 42, CHAPTER 39 IDAHO CODE
42-3901. GROUND WATER AS PUBLIC RESOURCE

- PROTECTION. The legislature of the state of Idaho hereby decla

### res the ground water of this state to be a public resource which must be protected against unreasonable contaminati.on or deterioration of quality to preserve such waters for diversion to beneficial uses. that in order to protect such waters against contamination or deterioration in quality 

### it is necessary that the construction and use of injection 

### wells be controlled as provided in this chapter.
42-3902. DEFINITIONS. Whenever used in this chapter: (I) 

### "Aquifer" means any geologic formation that will yield water to a wellin sufficient quantities to make production of water from the formation 

### feasible for beneficial use, except when the water in such formation resulta solely from injection through a waste disposal and injectionwell. (2) "Director"means the director of the department of water resources. (3) "Drink Lng water source" means an aquifer which contains water 

### having less than 10,000 mg/l total dissolved solid. and has not been exempted fromthis designation 

### by the director of the department of water resources. (4) "Fluidll means any material or substance which flows or moves whether in a semisolid, liquid, sludge, gaseous or any other form or state. (5) "Formation" means a body of cons oLi da.t ed or unconsolidated rock 

### characterized by a degree of lithologic homogeneity which is mappable at the earth's surface or traceable in the subsurface. (6) "Hazardous waste" means any fluid or combination of fluids, excluding radioactive wBstes, which because of quantity, concentration or characterist

### ics (physical. chemical or biological) may: (a) Cause or significantly contribute to an increase in deaths or ao increase in serious, irreversible or incapacitating reversible illness; or 

### (b) Pose a substantial threat to human health or to the environment if improperly treated, stored , disposed of, or managed. Such wastes include, but are not limited to, materials which are toxic, corrosive, ignitable, or reactive, or materials which may have mutagenic, teratogenic, or carcinogenic properties, but do not include solid or dissolved material in domestic sewage or solid or dissolved material in irrigation return flows. (7) "Lnjecti.on " means the subsurface emplacement of fluids. (8) "Injection well" means any excavation or artificial opening into 

### the ground which meets the following three (3) criteria: <a) It is a bored, drilled or dug hole, or ia a driven mine shaft or a driven well point; and (b') It 

### is deeper than its la r ge st '

### straight-line surface dimension; and (c) It isused for or intended to be used for injection. (9) 

### "Lrrig

### ati

### on waste water" means surplus water diverted for irrigation 

### but not applied to crops or runoff of surplus water from the cropland a' a result of irrigation. 

### (10) "Licen sed driller" means any person holding a valid license todrill water wella in Idaho as provided and defined in section 42-238, IdahoCode. (II) 

### "Operate" means to allow fluids to enter an injection well by action
or by inaction of the operator.



### -24­ 25

# • • •

(12) "Operator" means any individual. group of individuals, partnership, company. corporation, mmicipal iry , county, state agency, taxing district or federal agency who operates or proposes to operate any injection well. (13) "Owne r " means any individual, group of individuals, partnership, company. corporation, municipality, county, state agency. taxing district, or federal agency owning land on which any injection well exists or is proposed to be constructed.

. (14) "RedioactIve materialII rreans any material, solid, liquid or gas which emits radiation spontaneously_ (IS) "Radioactive waste" means any fluid which contains radioactive material in concentrations which exceed those established for discharges to water in an unrestricted area by the board of health and welfare under the provisions of chapter 30, title 39, Idaho Code. (16) "Shallow injection well" means an injection well which is less than
or equal to eighteen (18) feet in vertical depth below land surface. (17) "Sanitary waste" neans any fluid generated through domestic activities. such as food preparation, cleaning and personal hygiene. (18) "Surface runoff water" means runoff**wat~r** from the natural ground surface and cropland. Runoff from urbanized areas, such as streets, parking lots, airports, and runoff from animal feedlots, agricultural processing facilities and similar facilities are not included within the scope of this term. (19) "Waste disposal and injection vel l " means an injection well which is
more than eighteen (18) feet in vertical depth helow land surface.
42-3902A. PROlliBITION OF INJECTION OFt1AZAROOUS WASTES AND OF RADWACTIVE WASTES. Construction of an injection well to be used for injection of hazardous wastes or of radioactive wastes into or above a drinking water source is**prohibit~d.** Injection of hazardous wastes or of radioactive wastes through an existing injection well into or above a drinking water source is prohibited. Any such injection shall subject any person responsible for said activity to the sanctions and penalties of this chapter in addition to all other applicable sanctions and penalties provided by statute or the commonlaw.
42-3903. WASTE DISPOSAL AND INJECTrON WELLS

- CONSTRUCTrON - MODIFICATION - USE - PERMIT REQUIRED. - No new waste disposal and injection well shall be constructed after the effective date [May 18, 1971] of this act unless a permit therefor has been issued by the director of the department of water resources. No waste disposal and injection well existing on the effective date of this act shall be modified after the effective date of'this act unless
a permit therefor has been issued by the director. No waste disposal and injection well existing on the effective date of this act shall continue to be used and maintained after January I, 1974 unless a permit therefor has been issued by the director.

42-3903A. SHALLOW INJECTrON WELLS

- AUTHORIZATrON FORCONSTRUCTrON AND USE. Construction and use of shallow injection wells shall be authorized by rules and regulations adopted by the water resource board. Shallow injection wells used for the disposal of nonhazardous and nonradioactive sanitary wastes generated in, on, or in conjunction with a single family noncommercial dwelling are exempt from the authorization requirements of this chapter, but shall be subject to the applicable requirements of the Idaho environmental protection and health act of 1972, Section 39-101, et seq., Idaho Code. 42-3904. APPLICATrON FOR PERMIT - OWNER

- OPERATOR RESPONSIBLE. The owner or operator shall make application to the director of the department of water resources for a permit as provided in this chapter. When a facility is owned by one person but operated by another, it shall be the operator's duty to obtain a permit. Such application shall be upon forms furnished by the director which shall require information concerning the location and description of the injection weLl, the quantity, quality, and nature of the material being or proposed to be injected, the description of the underground formation and aquifer into which the material is proposed to be or is being injected, the Bvailability of alternative sources of disposal, and such other information as will enable the director to determine the effect of the injection of the material upon the quality of the ground water, the effect upon the beneficial uses of said ground \fater, the effect upon the public health and the effect upon public benefits derived therefrom, if any. Such application shall be submitted complete with fees as provided in this chapter. Mine shafts used for the disposal of wastes resulting from the mining and concentration process shall be exempt from the permit requirements of this chapter unti 1 an inventory and assessment of the contamination potential posed by such operation is completed.
42-3905. FEES - TRANSMITTEIl TO STATE TREASURER. Fees provided for in this section shall accompany all applications. No such application shall be accepted unless accompanied by a filing fee of fifty dollars ($50.00) per application. A separate application shall be filed for each waste disposal and injection well and each shallow injection well for which a permit is required by the rules and regulations adopted by the water resource board. All fees received under the provisions of this chapter are deemed to be nonrefundable except those fees submitted with applications that do not require a permit shall be returned to the applicant, and shall be transmitted to the state treasurer for deposit in the water administration fund as established under the provisions of section 42-238(a), Idaho Code. Fees collected may be used by the director of the department of water resources to carry out the provisions of this chapter.
42-3907. DEPARTMENT OF WATER RESOURCES - PUBLIC NOTICE AND INVESTIGATION. (1) Upon receipt of an application or other notice to construct, maintain, modify or abandon an injection well, the director shall give public notice as required by the rules and regulations promulgated under authority of this chapter. (2) The director shall**exa~ine** each application and shall make an investigation to determine what effect the use of the proposed or existing injection well will have or is having upon the rights of others to use water for beneficial purposes. For purposes of such investigation. the director mayconduct
a fact finding or i.nvestLg ative bearing , He may apply to the district court of the county in which the well is located for subpoenas requiring the appearance of witnesses and production of books. records, and papers; or he may administer oaths, and take testimony at any place and time. Employees and agents of the department of water resources may make reasonable entry upon any lands in the state for purposes of making investigations and surveys, or for other purposes necessary to carry out the intent of this chapter.
42-3908. PERMITAPPROVING CONSTRUCTION AND USE - CONIlITIONS - REJECTION OF APPLICATION. If the director 

### oC the department of water resources deter

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# • • •

mines the use of the proposed or existing injection well will not affect the fights of. others to use water for beneficial purposes shall issue a permit 

### approving the construction, modification or continued operation of such well. Such permit shall contain conditions, if any, dete r mined to be necessary to protect the public interest in the ground water resource including, but not limited to, the method and manner of operation of the injection well, the period during which the injection well may be op e r ated , a date when such per

### mit ahall expire. and periodic reports to the department of water resources of the quality and quantity of the fluids injected. Nowaste disposal and injection well or shallow injection well, as may be required by rules and regulations adopted under this chapter, shall be used unless a valid permit is in effect in accordance with this chapter. If the director of the department of water resources determines the use of the proposed or existing injection well will interfere or is interfering with the right of the public to withdraw water for beneficial uses, and the director finds there are no overriding needs existing to justify the use of the injection well, the director may reject the application and forward notice of such rejection to the owner or operator by certified**~,il.** 42-3909. DISAPPROVAL OF APPLICATION - OWNER OR OPERATOR ENTITLED TO HEARING

- PROCEDURE - JUDICIAL REVIEW. Any owner or operator aggrieved by the disapprovel of an application or by the conditions imposed in a permit shall upon request therefor in writing within thirty (0) days after receipt of notice of such disapproval or conditional approval, be afforded an opportunity for a hearing before the water resource board I such hearing to be conducted in accordance with chapter 52, title 67. Idaho Code, at a place convenient to the owner or operator. Such hearing shall be held for the purpose of determining whether the permit should be issued or whether the conditions imposed in a permit are reasonable. or whether a change in circumstances warrants a change in the conditions imposed in a valid permit. For purposes of such hearing the water resource board shall have power to administer oaths, examine witnesses, and issue in the name of the board subpoenas requiring testimony of witnesses and the production of evidence relevant to any matter in the hearing. A certified trans c ript of the proceedings and the evidence received at such hearing shall be

### maintai~ed by the board. The board shall affirm, modify
or reject the dir e cto r ts decision. and make its decision in the form of an order to the director. Judicial review of a final determination by the board may be secured by the owner or operator by filing a petition for review as prescribed by chapter 52, title 67, Idaho Code, in the district court of the county wherein the injection well is situated. The petition for review shall be served upon the chairraan of the water resource board and upon the attorney general as provided by the Idaho rules of civil procedure.
42-3910. CANCELLATION OF PERMIT - NOTICE - HEARING

- REVIEW. - When the director of the department of water resources has reason to believe the operation and use of an injection well. for which a permit has been issued in accordance with this .chapte r , is Lnte rfe ring with the right of the public to withdraw water for beneficial uses, or is causing unreasonable contamination
or deterioration of the quality of the ground water below the adopted water quality standards of the board of health and welfare, he may cancel such permit. Prior to the cancellation of such permit there shall be a hearing**befor~** the water resource board for the purpose of dete r mi ning whether or not the permit should be cancelled. At such hearing the director of the department of water resources shall be the complaining party. For purposes of such hearing, the board shall have power to administer oaths, examine witnesses and issue subpoenas requiring testimony of witllcsses and production of evidence relevant to any matte r in the hearing. The hearing shall be conducted in accordance with chapter 52, title 67, Idaho Code, and the board shall provide the owner or operator whose permit is proposed to be**canc~led** with r easonabl e notice and the opportunity to be heard in ac c o rdance with chapter 52, titl e 67. Idaho Code. A certified tr-anscrtpt of the p r ocecdInge and the evidence received at such hearing shall be maintained by the board. The board shall affirm, modify
or reject the director's decision, and make its decision in the form of an order to the director. Review of a final determination by the board may be secured by the owner or operator by filing a petition for review as prescribed by chapter 52, title 67 , Lda ho Code, in the district court of the county wherein the injection well is situated. The petition for review shall be served upon the chairman of the vate r resource board and upon the attorney general as provided by the Idaho Rules of Civil Procedure.
42-3911. FAILURE TO OBTAIN REQUIRED PERMIT OR SUBMIT REQUIRED INFORMATiON - PI<.:NALTY. Any owner or operator who causes to be constructed or consents either expressly or impLi e d ly to the construction of a new waste disposal and injection we l I without having first obtained a permit therefor from the director of the department of water resources as provided in this chapter shall be guilty of a misdemeanor. Any owner or operator who causes an existing waste d lsposa l and injection well to be modified or consents either expressly or impliedly to the modification of an existing waste disposal and injection well without having first obtained a permit therefor from the director of the department of water r e s ou r c e s as provided in this chapter shall be guilty of a misdemeanor. From and after January 1, 1974 1 any owner or operator who continues to operate and maintain or consents either expressly or impliedly to the continued operation and maintenance of an existing waste disposal and injection well without having first obtained a permit therefor from the dir e cto r of the de pa rtment of water resources as provided in this chapter shall be guilty of a mi sd emcanor ; provided, that no misdemeanor shall
occur where an owner or op e r ato r applied for a permit before January 1, 1974, and the director of the depnrtment of water resources has not approved or r ejected said application. Any owner or operator of a proposed or existing injection well who violates the rules and regulations of the water resource board shall he guilty of a misdemeanor. Each and every day that such activity is carried on in violation of this section shall constitute a separate and distinct offense.
42-3912. DRl LLERS - f1UST BE LlCENSED

- APPROVED PERMITS - CERTlFI ED COPIES. It shall be unlawful for any person not a licensed driller to construct a new waste dis po s a ], and inje ctiou well or modify an existing waste disposal and injection well, except that a driller's license is not re qu

### ir ed for the construction of a driven mine shaft or dug hole for the purposes of this chapter. All licensed drillers shall obtain a certified copy of the approved permit from the director of the department of water resources prior to construction of any new waste disposal and injection well or prior to the modification of any existing waste and injection well. Failure by a l

### ieensed driller to comply with this section sllall constitute cause for revocation of • well driller's license in ac c o r d au c c ,

....ith section 42-238, Idaho Code.



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42-3913. MINIMUH STANllARDS

- RULES AND REGULATIONS - ADOPTION. The water resource board shall adopt minimum standards for the construction or abandonment of waste disposal and injection wells. Such standards shall require each waste disposal and injection well to be 50 constructed as to protect the ground water of this state from waste and unreasonable contamination. Eachlicensed well driller or operator will be furnished a copy of the adopted standards, and will be required to construct each waste disposal and injection .... 11 driliad aftar tho affactlv. 'duo of .old rule. end rolluletlon. In complIance with the determined standards. Failure by a licensed driller to comply with such standards shall constitute cause for revocation of the well driller's license in accordance with section 42-238, Idaho Code. The water resource board shall also adopt minimum standards for the construction and abandoment of shallow injection wells. Any person who constructs or abandons a shallow injection well without complying with such standards shall be guilty of a misdemeanor.
42-3914. BOARD TO ESTABLISH STANDARDS. The provisions of this chapter shall not prevent the present or future use of any existing or proposed injectionwell which is used exclusively for disposal of irrigation waste water or of surface runoff water where such disposal does not adversely affect drinking water sources, and state and local government entities involved in highway and street construction and maintenance shall be exempt from fees and permit applications for shallow injection wells. The water resource board shall establish criteria and standards for the injection of fluids under the provisions of this chapter which shall not become valid and enforceable until adopted under provisions of the administrative procedures act, chapter 52, title 67, Idaho Code.
42-3915. ADOPTION OF REGULATIONS. The water resource board shall adopt all regulations authorized by the provisions of chapter 39, title 42, Idaho Code, in conformance with the provisions of chapter 52, title 67, IdahoCode, provided that the board shall not adopt any regulation regarding the inventory of shallow injection wells that is more stringent than federal law or any regulations promulgated pursuant thereto.
42-3916. INJUNCTIVE RELIEF. The director shall have the further author

### ity to seek a preliminary or permanent injunction, or both, or a temporary restraining order restraining any person from violating or attempting to violate the provisions of this chapter, of**~he** regulations adopted thereunder, or of the permits issued by the director and mandating any person to take, action appropriate under the circumstances to correct any violation. In any such action the director need not show irreparable injury for the issuance oJ a preliminary or permanent injunction, or both, or a temporary restraining order.
42-3917. CIVIL,PENALTIES - INJECTION OFHAZARDOUS AND RADIOACTIVE WASTES. Any person who constructs. operates, maintains, converts, plugs, abandons. or conducts any other activity in a manner that results or may result in the unauthorized injection of 8 hazardous waste or of a radioactive waste through an injection well shall be in violation of section 42-390ZA, Idaho Code and subject to a civil penalty not to exceed two thousand and five hundred dollars ($2,500) for each day in which such actiori occurs. The director shall have the authority to file an action in the appropriate district court to impose,
assess and recover said civil penalties. 42-3918. CEASE AND DESIST ORDERS - INJECTION OF IIAZARDOUS AND RADIOACTIVE WASTES. Whenever the director finds that any person has constructed, operated, maintained, converted, plugged, abandoned or conducted any other activity in a manner that results in the unauthorized injection of a hazardous waste or of a radioactive waste through an injection well or whenever the director finds that any person proposes to do or to allow any such acts. then the director may issue a cease and desist order. The cease and desist order ahatt become effective and final upon issuanc:e thereof. The director shall serve forthwith in accordance with the Idsho rulea of civil procedure a certified copy of any such order on that person. That person shall have the right to a hearing in accordance with section 42-170IA, IdahoCode.
42-3919. CRIHINAL PENALTY

- WILLFUL VIOLATION - VIOLATION OFCEASE AND DESIST ORDER. Any person who willfully constructs, .operates, maintains, converts. plugs, abandons. or conducts any other activity in 8 manner that results or may result in the injection of 8 hazardous waste or of a radioactive waste through an injection well in violation of section 42-3902A, Idaho Code, or any person who willfully violates any cease and desist order after the same has been served on that person is guilty of a misdemeanor and: (1) Hay be sentenced to jail for a period not to exceed six (6) month.; (2) Hay be fined in an amount not to exceed five thousand dollars ($5,000) for each offense; and (3) Each day of violation shall constitute a separate offense.

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