•• 

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. Availability of Referenced Material
 

01.5003, DEFINITIONS
 

01.5003,01. Act
 

01.5003,02. Board
 

'01.5003,03. Department
 

01.5003,04. Director
 

01.5003,05. Environmental Protection Agency (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
 

of More Than 1,000 Kilograms of Hazardous
 

Waste Per 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, STORAGE AND 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 SPECIFIC HAZARDOUS
 

WASTES AND SPECIFIC TYPES 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 PERMIT APPLICATIONS
 
. HAZARDOUS WASTE IDAPA 16.01.5000 CONTENTS
 

01.5014 INTERIM STATUS SURFACE 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 OF HAZARDOUS 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 

01.5850,02. Failure co to Comply With These Rules,
 en

The HWMA, or Other Requirements ­ 01.5851 -- 01.5899 (RESERVED)
 

01.5900 EXPENDITURES FROM 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 Board of Health and Welfare by the Hazardous Waste Management Act of 1983 

(HWMA), Sections 39-4401 et seq., Idaho Code. (6-10-88) 

TITLE. These regulations shall ·be known as Idaho Department of Health and Welfare Rules and Regulations, Title 

1, Chapter 5, "Rules, Regulations and Standards for Hazardous Waste." (6-10-88) 

INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS. Any 

reference in these rules to requirements, procedures, or 

specific forms contained in the Code of Federal Regulations (CFR), Title 40, Parts 124, 260-266, 268 and 270, 

shall constitute the full adoption by reference of that 

part and subpart as it appears in 40 CFR, revised as of 

July 1, 1987, including any notes and appendices 

therein, unless expressly provided otherwise in these 

rules. A numeric list of those subparts can be found in 

Appendix A. (6-10-88) 

01.	 Exceptions. Nothing in 40 CFR Parts 260 - 266, 268, 

270 or Part 124 as pertains to permits for Underground Injection Control (U.I.C.) under the Safe 

Drinking Water Act, the Dredge. or Fill Progr·am 

under Section 404 of the Clean Water Act, the 

National Pollution Discharge Elimination System 

(NPDES) under the Clean Water Act or Prevention of 

Significant Deterioration Program (PSD) under the 

Clean Air Act is adopted or included by reference 

herein. (6-10-88) 

02.	 Availability of Referenced Material. Copies of the 

federal regulations adopted by reference throughto~t these rules are available in the following locations: (6-10-88) 

a.	 Superintendent of Documents, U.S. Government 

Printing	 Office, 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 

of Health and Welfare, 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.	 Region V, P.O. Box 1509, Twin Falls, 

Idaho 83303-1509. (6-10-88) 

vi.	 Region VI, P.O. Box 4166, Pocatello, 

Idaho 83205-4166. (6-10-88) 

vii.	 Region VII, 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 herein by reference, the following definitions apply unless their application would be 

inconsistent with the Idaho Hazardous Waste Management 

Act, or unless these regulations expressly provide for 

. di~ferent definitions. (6-10-88) 

Ol~	 Act. The Hazardous Waste Management Act of 1983, 

Section 39-4401 et seq., Idaho Code. (6-10-88) o 

02.	 Board. The Idaho Board of Health and Welfare. 

(6-10-88) 

03.	 Department. The Idaho Department of Health and Welfare. (6-10-88) 

04.	 Director. The Director of the Idaho Department of 

Health and Welfare. (6-10-88) 

05.	 Environmental Protection Agency (E.P.A.). The Idaho 

Department of Health and Welfare. (6-10-88) 

06.	 HWMA. The Hazardous Waste Management Act. (6-10-88) 

07.	 IDAPA. Idaho Administrative Procedures Act, Chapter 

52, Title 67, Idaho Code. (6-10-88) 

08.	 Regional Administrator. The Director of the Idaho 

Department of Health and Welfare. . (6-10-88) 

09.	 TSD. Treatment, storage or disposal. (6-10-88) 

10. United States. The State	 of 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 CFR Part . 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 OF HAZARDOUS WASTE. 40 CFR 

Part 261 and all subparts are herein .incorporated by 

reference as provided in 40 CFR, revised as of July 1, 

1987. (6-10-88) 

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE. 

40 CFR Part 262 and all subparts are herein incorporated 

by reference as provided in 40 CFR, revised as of July 

1, 1987, as amended by Volume 52, Federal Register 25760 

( J u1Y 8,' 1987). ( 6-10- 88 ) 

01.	 Pretransport Reguirements for Generators of More 

Than 1,000 Kilograms of Hazardous Waste 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 APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE. 

40 CFR Part 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 CFR Part 

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 OF HAZARDOUS WASTE FACILITIES. 

40 CFR Part 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. Subpart	 A; and (6-10-88) 

02. Subpart	 B. (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 ar e more stringent than the federal 

standards. (6-10-88) 

.') 01.5012	 HAZARDOUS WASTE PERMIT PROGRAM. 40 CFR Part 270 and all 

subparts. 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) 

01.5013	 PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR o

RCRA OR HWMA PERMIT APPLICATIONS. 40 CFR Part 124, 

Subpart A is 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 Conservation and Recovery Act (RCRA) (42 U.S.C. 6925 (j» which is herein 

incorporated by reference, surface impoundments in exist e nce ' on November 8, 1984, and qualifying for inter im g: 

status shall not receive, store or treat hazardous waste 

after November 8, 1988, unless retrofitted to meet 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 CFR Sections 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 FACILITIES OR 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 such detailed plans, specifications, and iriformation regarding objectives, 

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 operation of the TSD facility or site in the 

manner allowed by" the variance and any term or condition imposed as 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 create a nuisance or a 

(6-10-88) 

hazard to the .. 

public health~ safety or the environment. 

(6-10-88) 

02. Public Hearings. The Director may hold a p~blic

hearing on an initial application for a varlance 

and shall hold a public hearing on any application 

to renew or extend a variance. The public hearing 

shall be held at a location in the county where the 

operations that are the sUbject of the application 

for _ the variance are- conducted unless the Director 

determines that a different location would be more 

appropriate - and convenient for interested members 

of the pUblic. The Director shall give­ at least _twenty (20) days' notice of the hearing to the 

applicant by certified mail and shall cause at 

least one (1) publication of notice in a newspaper 

with general circulation in either the county where 

the operation is conducted or the county where the 

hearing is to be held. The Director shall cause to 

be made a complete record of the testimony and the 

evidence submitted at the hearing. (6-10-88) 

03. Public Information. All information submitted as 

part of a variance application shall be treated as 

public information and shall not be subject to any 

claim of confidentiality. The Director shall make 

the application av~ilable for public inspection at 

the Department's central office and at the appropriate local field office of the Department's Division of Environment. The Director shall make avail0 

able for public inspection at the Department's central office and at all local field offices of the 

Department's Division of Environment a current list 

of pending applications for variances and a current 

schedule of pending variance hearings. (6-10-88) 

04. Director's Decision. No variance shall be issued or 

denied until the Director has considered the relative interests of the applicant, other persons and 

property affected by the variance and the public. 

Any variance granted pursuant to this section shall 

be for a period specified by the Director. No variance shall be issued or denied without a written 

order stating the 

is based. 

findings upon which the decision 

(6-10-88) 

05. Applicant to Bear Costs. The cost of public notice, 

recording and transcribing of testimony and hearing 

facilities ~hall be borne by the applicant, regardless of whether 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. Any person transporting a quantity of 

hazardous waste which requires a manifest shall, to 

the extent possible: (6-10-88) 

a.	 Use state and interstate highways; and 

(6-10-88) 

b.	 Avoid municipalities and population centers, 

even when doing so may add miles to the distance traveled. (6-10-88) 

02.	 Director's Conditions. The Director may, upon a 

finding that a shipment or shipments of hazardous 

waste constitutes a greater than normal risk to the 

public.health, safety or 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.	 Public Disclosure. Records obtained by 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 

information has been preserved, from which information can be retrieved and copied, and which is in 

the possession of the Department. The term does not 

include: (6-10-88) 

a.	 Materials legally owned by a Department 

employee in his or her purely personal capacity; or (6-10-88) 

b.	 Materials published by non-Department organizations which are readily available to the 

public, such as books, journals, and periodicals available through reference libraries, 

even if such materials are in the possession 

of the Department; or (6-10-88) 


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

c.	 Compilations of material from existing 

records. (6-10-88) o 

03. Records Exempt from Disclosure 

a. Confidential business records. The Director 

may certify records as confidential upon a 

request demonstrating, to the Director's satisfaction, that public availability of specific records would divulge methods, processes, or activities constituting trade secrets. 

Failure to request confidentiality or make the 

required showing at the time the record is 

obtained or submitted shall subject the record 

to pUblic disclosure requests without notice. 

(6-10-88) 

i . Any business seeking confidentiality of 

records submitted to the Department, 

shall submit the records in a sealed 

envelope marked "CONFIDENTIAL" along 

with a request for confidentiality. Any 

business seeking confidentiality of 

records not submitted by the business, 

but obtained by the Department through 

inspection or other means, shall submit 

a request for confidentiality within 

twenty (20) working days from the date 

the record was obtained. A request for 

confidentiality shall be in writing and· 

o 

include the following: (6-10-88) 

(a) Identification of all 

in the record claimed 

information 

as confidential . in a manner which clearly 

distinguishes . such information 

from other information for which 

no claim is made; and (6-10-88) 

(b) An affidavit stating how and why 

disclosure of the record would 

divulge trade secrets, including a 

showing that the' business has 

taken and will maintain reasonable 

measures to protect the information; the information is not reasonably available by legitimate 

nonjudicial means to persons other 

than the government without consent of the business; and, disclosure of the information is likely 

to substantially harm the competitive position of the business. 

(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 

to the Director, in whole or part, 

the record or relevant part shall 

be certified by the Director as 

confidential and is exempt from 

disclosure to the public. The person requesting confidentiality 

shall be promptly notified. (6~10-88)

• 

(b) When the request is not satisfactory to the Director, in whole or 

in part, the person requesting 

confidentiality shall be promptly 

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 request pertains. If the 

supplement is not submitted within 

the time period allowed or is 

unsatisfactory to the Director, 

the Director shall promptly notify 

the person of that determination 

and provide twenty (20) working 

days in which to file an appeal. 

If written appeal 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 Procedures Act. (6-10-88) 

b.	 Confidential department records. The Director 

may decline disclosure of a record, or part 

thereof, if the record contains or its disclosure would reveal matters that are: (6-10-88) 

i.	 Specifically exempt from disclosure by 

Idaho statute or regulations: or 

•	 

(6-10-88) 

ii.	 Interagency or intra-agency memoranda 

or letters which would not be available 
HAZARDOUS WASTE	 IDAPA l6.0l.5750,03.b.ii. 

by law to a party other than an agency 

in litigation with the Department: or c­

(6-10-88) 

iii.	 Investigatory records compiled for 

enforcement purposes, but only to the 

extent that disclosure of such records 

would: (6-10-88) 

(a)	 Interfere with enforcement pro­ ceedings: or (6-10-88) 

(b)	 Deprive a person of a right to a 

fair trial or an impartial'adjudication: or (6-10-88) 

(c)	 Constitute an unwarranted invasion 

of personal privacy: or (6-10-88) 

(d)	 Disclose the identity of a confidential source: or (6-10-88) 

(e)	 Disclose inve~tigative techniques 

and procedures: or (6-10-88) 

(f)	 Endanger the life or physical 

safety	 of enforcement personnel. 

(6-10-88) 

04.	 Reguest Procedure and Appeals o 

a.	 Record requests. Record requests shall be 

made in writing describing the record sought 

in a manner which reasonably allows identification and location. of the record. The request 

shall be addressed to the Bureau of Hazardous 

Materials, Division of Environment, Department 

of Health and Welfare, 450 West State Street, 

3rd Floor, Towers Building, Boise, Idaho 

83720. (6-10-88) 

i.	 Any request for records which are prepared by the Department for routine 

distribution, i.e~, pamphlets, copies 

of speeches, press releases and educational materials, may be made orally or 

in writing and the Department shall 

honor such requests in a reasonably 

prompt and informal manner. (6-10-88) 

ii.	 The Department shall make reasonable 

efforts to assist in the identification 

and description of records sought and 

the formulation of record requests. The 

Department may seek to narrow the scope o 
HAZARDOUS WASTE	 IDAPA l6.0l.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 and minimize the fees 

payable	 by 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 person making 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 confidentiality of 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 day period. .	 (6-10-88) 

·iii.	 Any period of 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 shall be excluded 

from the twenty (20) working day period. (6-10-88) G 

c.	 Administrative appeal. Any person whose 

request has been denied in whole or part by an 

initial determination may appeal that denial 

within thirty (30) calendar days of recelvlng 

the initial determination. The appeal shall be 

made in writing and addressed to the Bureau of 

Hazardous Materials, Division of Environment, 

Department of Health and Welfare, 450 West 

State Street, 3rd Floor, Towers Building, 

Boise, Idaho 83720. (6-10-88) 

i.	 The appellant shall be afforded a hearing by the Director and a final decision shall be made by the Director, in 

accordance with the contested case provisions of the Idaho Administrative 

Procedures Act, Title 67, Chapter 52, 

Idaho Code. (6-10-88) 

(a)	 The hearing and final decision on 

the appeal. shall be completed 

within thirty (30) working days of 

the Department's receipt of the 

written appeal unless the parties 

agree otherwise. (6-10-88) 

(b)	 The Director's final decision on 

the appeal or failure to make a 

final decision within the required 

time period shall constitute final 

agency action for the purposes of 

judicial review under the Idaho 

Administrative Procedures Act. In 

the event of judicial review, pursuant to Section 12-117, Idaho 

Code, the court shall award the 

person reasonable attorney fees, 

witness fees and reasonable 

expenses, if the court finds in 

favor of the person and also finds 

that the Department acted without 

a reasonable basis in fact or law. 

(6-10-88) 

.. 05.	 Fees. Fees shall be charged to any person requestrng- records for the cost of both Department ..	 employee time required to identify, collect, copy, 

certify or mail requested records and other actual 

expenses reasonably incurred by the Department in 

responding to the request. (6-10-88) 

c.
 

c 
HAZARDOUS WASTE	 IDAPA 16.01.5750,05.a. 

• 

a. The Department may 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 

letter of the need to make payment or provide 

assurance of payment. (6-10-88) 

b.	 Any fee may be reduced or waived if: (6-10-88) 

i.	 The cost of seeking _and collecting the 

fee would exceed the amount of the fee; 

or (6-10-88) 

ii.	 The Director determines reduction or 

waiver of the fee would primarily benefit 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 general public.(6-10-88) 

• 

06. Interagency and Intra-agency Disclosures. As necessary, confidential information acquired by the 

Department under the provisions of the Hazardous 

Waste Management Act of 1983, as amended, or th~se

regulations, may be transmitted to EPA, the United 

States Department of Transportation, the Idaho 

State Tax Commission, or such other federal or 

state agencies which make an adequate showing of 

need to the Director, provided such transmittal is 

made under a continued restriction of confidentiality. (6-10-88) 

01.5751 -- 01.5799 (RESERVED) 

01.5800, INSPECTION PLAN 

01.	 Frequency Levels. The Department may, as time and 

resources permit, conduct regular inspections of 

persons or entities subject to these rules, their 

records, and property at approximately the following frequency levels based upon potential risk -to 

the public health or environment. (6-10-88) 

a.	 Commercial TSD facilities or sites or offsite 

generator TSD facilities or sites; up to every 

day. (6-~0-88)

b.	 Generator onsite TSD 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.	 Transport fa~ilities or· 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 the preceding 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 the Act 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 civil penalties may be 

imposed. Any 'person who knowingly makes a false 

statement or representation of the type described 

above is, in addition to civil penalties, subject 

to criminal prosecution for 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 person wno violat.es these 

rules, the Ac~, or any permit, standard, condition, 

requirement, compliance agreement or order issued 

'pursuant to these rules or the Act thereby commits ro 

a violation. Civil penalties may be imposed for~

each separate violation and for each day of a con-­

tinuing violation. Any person who-knowingly commits~

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

, addi tion to civil penalties, subject to crimJ.nal L.U 

prose9ution for the commission of a misdemeanor forC) 

each separate violation and for each day 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 Director may declare a hazardous waste emergency if 

the public health, safety or the environment are threatened by a release or threat of release of a hazardous 

waste or a substance which has become a hazardous waste. 

Following a hazardous waste emergency declaration, the 

Department may spend or obligate to be spent up to two 

"hundred thousand dollars ($2~0,000) from the Hazardous 

Waste Emergency Account and from the Hazardous Waste 

Training, Emergency, and Monitoring Account by appropriation, to obtain equipment and materials, conduct investigations, test samples, and employ personnel as necessary or eliminate or mitigate the immediate threat and 

stabilize the situation. The Director may authorize the 

expenditure or obligation of more than two hundred thousand dollars ($200,000) from these accounts in any given 

situation upon a finding by the Board that a greater expenditure or obligation is prudent and necessary to 

protect the public health, safety or environment. 

(6-10-88) 

01.5901 -- 01.5997 (RESERVED) 

• 

01.5998 INCLUSIVE GENDER AND NUMBER. For the purposes of these 

rules, words used in the masculine gender include the 

feminine, or vice versa, where appropriate. (6-10-88) 

01.5999	 SEVERABILITY. The provisions of these rules are severable and i1 a provision or its application is declared 

invalid for any reason, that declaration will not affect 

the validity of the remaining provisions. (6-10-88) 

co 

(X) 

en

-

•
 

\ 

\ 
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. 

124 01. 5013 

124.1 01. 

Reserved 02. 

01. 5014 

Treatment Standards. Subpart D:
 

Prohibitions on Storage. SUbpart E:
 

HAZARDOUS WASTE PERMIT· PROGRAM.
 

General Information. SUbpart A:
 

Permit Application. Subpart B:
 

Permit Conditions. Subpart C:
 

Changes to Permits. Subpart D:
 

Expiration and continuation of Permits. SUbpart E:
 

Special Forms of Permits. Subpart F:
 

Interim Status. SUbpart G:
 

PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR
 

RCRA OR HWMA PERMI~ APPLICATIONS. 

General Program Requirements. Subpart A: 

Specific Procedures Applicable to RCRA 

Permits. Subpart B, (RESERVED) 

or HWMA 

INTERIM STATUS SURFACE 

(42 U.S.C. 6925(j)]. 

IMPOUNDMENTS. [RCRA § 3005 (j) 

6,
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3 

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Further information regarding the rules snd regulations may be obtained 

from any of the following Depsrtment of Water Resources offices: 

State Office Eastern Regional Office 

Third Floor Towers 150 W, Shoup Street 

Bldg. Suite 115 

450 West State Street Idaho Falls, Idaho 83401 

Boise, Idaho 83720 

Western Regional Office Northern Regional Office 

Third Floor Towers Route 5, Box 203 

Bldg. 4055 Government Way 

450 West State Street Coeur d'Alene, 10 83814 

Boise, Idaho 83720 

Southern Regional Office 

1041 Blue Lakes Boulevard North 

Twin Falls, Idaho 83301 

iii 

ii 

!"

,. 
•• • • I I 

I.

t-

:1 

!'j 

"'

J! 

,; 

Page 

Authority and Effective Date .
 

Definitions .
 Classification of Injection Wells - Authorizations
 

Prohibitions and Exemptions............................................. 5
 

Invencory Information and Permit Requirements _ 

Class Vee) Shallow Injection Wells .
 Application for Permit to Construct, Modify or
 

Maintain an Injection Well 8
 

Application Processing ••.••••••••.•.•••••••••••••••.•••••••••••.•••••••••• 10
 

The Director's Action 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 ru les and regu lat ions 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 affec t them. Chapter 39, Idaho Code 25
 

Simi lar booklets are svailable containing other laws. rules and regula­


tions administered by the Department: licensing of well drillers, well con­


struction standards t safety of dams, practice and procedure for hearings and LIST OF TABLES
 

other legal proceedings, geothermal resources, mine tailing impoundment struc­


tures, water management account. revolving development account and water supply
 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 "[ t l 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 V injection 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 

injection well 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 

not limited to domestic. agricu l tu r a l , municipal and industrial supplies, 

stockwater, and fish propagation. 

2,5.	 Casing is conduit required by these standsrds to prevent contamination 

of groundwaters. 

2,6.	 Coliform group (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 

35 0C, 48 hours at	 or produce a dark colony with a metallic sheen 

within 24 hours on an Endo-type medium containing lactose. 

2,7.	 Color unit 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 injection well system or 

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 of Drinking Water 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 Water Resources. 

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.	 Drinking water 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 coli form 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. 

ill 

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 mutagenic J teratogenic, or carc inogenic 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 

Regu Istions. 

2,23. Injection means the subsurface emplacement of fluids. 

2,24. Injection well 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 a driven 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.	 Irrigation waste 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 to 

diverted 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	 regu lations 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 authorization 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 (Nephelometric Turbidity

bYa stsndard suspension of 

llsht 80UrCth . 

Nearest boundary of the receiving aquifer 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 to compliance 

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 who operates or proposes to 

2,42. Shallow injection well 

equal to eighteen (18) 

is an injection well which is 

feet in vertical depth below land 

less than 

surface. 

or 

operate any injection well. 2,43. State means the State of Idaho. 

2,35. 

2,34. 

2,33. 

Perched water 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 individuals I partnership, company, 

~ration, ul.micipality. county I state agency I taxing district, 

federal agency or other entity owning land on which any injection well 

exists or is proposed to be constructed. 

2,45. 

2,44. Surface runoff water is runoff water Hom the natural ground surface 

and cropland. Runoff from urbani zed 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 odor number means the ratio by which the sample has been 

diluted to reach the least definitely perceptible odor that can be 

detected by human nose as determined by a panel of at least five persons. 

2,36. Point of discharge is 

injected fluids leave 

the deepest point below land surface from which 

the bore, hole or shaft of an injection well. 

2,46. Well head-is the point, downst~eam of any 

where fluids enter the injection well. 

filters or treatment devices, 

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 

injection well. 

The injected fluids are from the same source as the fluids 

injected through the existing injection well. 

The injected fluids are of equal or better quality than the 

fluids injected through the existing well. 

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 area by 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 drinking water 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 recove ry 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 

unless used for solution mining in conventional mines. 

d. Class IV - Wells used to inject hazardous or radioactive wastes 

into or above a formation which contains a drinking water Bource. 

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

Classification of Injection Wells 

-5­ -4­

~.f6"'
• • • 

Ill, 

(I) 

or IV. Class V wells 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 Cia s s V(c) and Class V(d), that discharges may be authorized by permit as approved by the Director. 

or wi 11 discharge f l u i d 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 vt c ) 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 r ce a into the inventory information required under Rule 4,1.1. within one (1) 

unsaturated voids, nn aqu i fe r 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 wi 11 be c ous t ruc tc d 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 fa mi 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. 

V wells 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) we lis, bu t 

ru le 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 mi xt u 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 e d 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: wi thin 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 i s Lare ) 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-ac re tract, or by 

highway mi lepost vhe r 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 maint e nanc e , 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 withdraw drinking water, 

all other wells, springs and surface watera. 

fad lities 

operation. 5,2,2. Additional information required for all Clsss V(a) injection wells: 

Rule 

~. APPLICATION 

WELL 

FOR PERMIT TD CONSTRUCT, MODIFY OR MAl NTAIN 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 pe r mi t therefor has been issued 

by the Director. No injection well requiring a permit shall c on t Lnu e 

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 ac c 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 description of the well location to the nearest 10-acre tract; 

Ownership of the well; 

c. 

(ii) local geologic structures, 

(iii) regional geologic setting; 

A comprehensive report of the following information: 

(1) a tabulation of all wells penetrating the proposed 

zone. listing; 

(i) owner, lease holder and operator, 

injecton 

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• • • 

Oil	 well identification (permit) number, 

(iii)	 size, weight, depth anJ cementing data for all strings of 

casing; 

(2)	 deacriplion .o f the quality and quantity of the fluids to be 

injected; 

(3)	 geologic and physical characteristics of the injection zone 

and	 confining beds; 

(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 c t i ve 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 r sonf s ) or firm(s) supplying 

the	 technical information and/or designing the injection well; 

e.	 Proof that the applicant i s financially responsible, through a 

performance bond or other appropriate means. to abandon the injection	 well 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 wi 11 nut process such application until such time as 

the incomplete application is re c e i ved in complete form. 

Rule 

6. APPLICATION PROCESSING 

6,1. Draft Permit 

After all application i n f o r mat i on 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 avsilabi lity 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 

the	 well is located. There sha l l be a period of at least thirty (30) 

days	 following 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 sha l 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 other	 state agencies. 

After considering the draft permit for construction, ondification. or 

maintenance, and all pe r r i ne n r mat re r s relating thereto, the Director 

-10­

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• • .. c. Injection of any cont ami nnnr 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 

c e du r a s to detect f a i Iu r-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 mai l 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 ope r at ed 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 

wi Ll 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 nonh. 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 mi t 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 Minimum Well 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 qu i r 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 aband onme n r; for 

as provided for 

all injection 

Class 

ve l l s 

V(b) wells 

sha Ll 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 modi f i c a t i on of an injection well ha s been d. All deep injection wells shal l 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 mai n t ennnc e 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 pr e sc r i be 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 

au t hor i ze d 

mechanical 

Department 

7,2,4 Additional Conditions 

Injection Hells and Requirements Pertaining to Class V(a) 

representative. 

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• • • a. Class V(a) i n j e c t i on 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 wi 11 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 

we II. 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, be f or e 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 we11 , 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 shsll not exceed Drinking Water Standards 

on a case-by-case basis. for that chemical constituent, or the concentration of each chemig. A 30-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 ru lea. 

-14- -15­
•
 

and/or	 surface runoff water or Class V(c) and V(e) wells, will not 

'normally be sub ject to eon'i r or Lng , record keeping, and reporting 

r e qu i r e men t s , 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 

the	 following: 

8.	 Monitoring of injection pr e 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.	 A demonstration 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 

the	 data. 

9,1,5. All samples and measurements taken for the purpose of monitoring 

shall be 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, strip charts 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 

of	 retention 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 monitoring requirements prescribed by the Director shall be reported to 

the	 Director as required by permit conditions. 

9,3,2.	 The Director shall be notified in writing by the permittee within five 

(5) days after the discovery of violation of the 1erms and conditions 

of the permit. If the injection ac t i vj t y 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.	 A description 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 fai led 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. 

•
 

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-18­
• • • 

9,3,7.	 Additional information to be reported to the Director in writing: 

a. Transfer of ownership;
 

b., Any change in operational status not previously reported;
 

c.	 Any anticipated noncompliance; 

d.	 Reports of pr 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 director which 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 term or 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 fa l s e statement. representat ion or ce rtification in any application. report. document, or record 

fi led pursuant to or required to be maintained by these regulations	 or 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 utilized 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 

through	 an 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 

Oirec tor. 

11,2.	 Enforcement 

11,2,1.	 Violation of any of the prOV1Slons of the Waste Disposal and Injection 

Well Act (Chap t 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 

the	 following 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 

violate	 the provi~ions of these regulations. 

c.	 The director may i s su e a cease and desist order to restraln 

any person from violating Rule 11,1,2. of these regulstions. 

11,2,2.	 In the event of any violat ion, the Di rec tor 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, Tit Ie 67, Idaho Code, at a place convenient	 to the owner. For purposes of such hearings. the Idaho Water 

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 injection well is situated or proposed to be 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 

Any person 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) 

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• • • 

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 

When the 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 s i ng 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 suc h 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 DRINKINC WATER SOURCE DESIGNATION 

13,1.	 General 

All	 aquifers 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 l he 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 propos ing to in jec t contaminants au t ho r i zed 

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 

de signa t ion. 

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 

for	 a 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
• • • 

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 dec la 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 

well	 in 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 injection well. 

(2)	 "Director" means the director of the department of water resources. 

(3)	 "Dri nk Lng water source" means an aquifer which contains water 

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

from	 this designation by the director of the department of water resources. 

(4) "Fluid ll 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 con s o Li d a.t e d 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 characteristics (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, s t ored , 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)	 "Ln j ec t i.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 s t ' straight-line surface dimension; 

and 

(c)	 It is used for or intended to be used for injection. 

(9) "Lrr i g at i 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) "Li cen sed driller" means any person holding a valid license to drill 

water wella in Idaho as provided and defined in section 42-238, Idaho Code. 

(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, mm i c i pa l i r y , 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) "Red i oac t Ive material II rre an s 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" ne ans any fluid generated through domestic activities. such as food preparation, cleaning and personal hygiene. 

(18) "Su rface 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 ve l l " means an injection well which is 

more than eighteen (18) feet in vertical depth helow land surface. 

42-3902A. PROlliBITION OF INJECTION OF t1AZAROOUS 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 common law. 

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 FOR CONSTRUCTrON 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 we Ll , 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 

unt i 1 an inventory and assessment of the contaminat ion potent ial 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 may conduct 

a fact finding or i.nve s t Lg a t i ve be ar i ng , He may apply to the district court 

of the county in which the well is located for subpoenas requiring the appearance of witnesses and product ion 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 maki ng investigations and surveys, or for 

other purposes necessary to carry out the intent of this chapter. 

42-3908. PERMIT APPROVI NG CONSTRUCTION AND USE - CONIlITIONS - REJECTION 

OF APPLICATION. If the director oC the department of water resources deter26 27 
•
 • • 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, de t e 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 a t ed , a date when such permit ahall expire. and periodic reports to the department of water resources of 

the quality and quantity of the fluids injected. No waste 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 t r an s c r i p t 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 d i r e c t o r t s 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 cha i rraan 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 .chap t e r , is Lnt e r f e r i ng 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 de t e r mi n i ng 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 mat t e 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 e as onab l e notice and 

the opportunity to be heard in ac c o r danc e with chapter 52, tit l e 67. Idaho 

Code. A certified t r-an sc r tp t of the p r oc ecd Inge 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 mak e its decision in the form of an 

order to t he director. Review of a final de t e rmi na t i on 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 va t e 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 i mpLi e d l y 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 l spos a 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 mai nt a i n 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 d i r e c t o r of the de pa r t men t of water resources as provided in this 

chapter shall be guilty of a mi sd e mcano r ; provided, that no misdemeanor shall 

occur where an owner or op e r a t o r applied for a permit before January 1, 1974, 

and the di rector of the d epn r t men t of water resources has not approved or 

r e j ec t ed 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 Ll CENSED - APPROVED PERMITS - CERTlFI ED 

COPIES. It shall be unlawful for any person not a licensed driller to construct a new waste d i s po s a ], and i n j e c t i ou well or modify an existing waste 

disposal and injection well, except that a driller's license is not re qu i r 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 i e ensed 

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. 

28 29 
• • • 

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. 

Each	 licensed 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 injection	 well 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, Idaho Code, 

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 authority 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 OF HAZARDOUS 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 ac t i ori 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, Idaho Code. 

42-3919. CRIHINAL PENALTY - WILLFUL VIOLATION - VIOLATION OF CEASE 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. 

30 31