MEMORANDUM OF AGREEMENT 

between the 

JAN 1 0 !nOB 

WATER OiJF,I.JfY Pi10GRAM 

Washington State Department of Ecology 

and 

Washington State Department of Health 

Related to the 

UNDERGROUND INJECTION CONTROL PROGRAM 

for the 

STATE OF WASHINGTON 

This agreement is made and entered into by and between the Washington State Department of 

Ecology (Ecology) and the Washington State Department of Health (DOH) pursuant to RCW 

43.21A.445. Both Ecology and DOH are authorized to administer Part C of the federal Safe 

Drinking Water Act (SDWA}, 42 U.S. C. § 300h, et. seq., as amended, which pertains to 

underground injection control for the protection of underground sources of drinking water. This 

agreement clarifies the respective responsibilities of Ecology and DOH in implementing 

Washington's Underground Injection Control Program. 

PURPOSE 

The purpose of this agreement is to ensure that Washington State is in a position to administer 

the federal Safe Drinking Water Act (SDWA) and thereby conserve and protect the state's 

sources of ground water through the regulation of the injection of fluids. In addition, this 

agreement will be used as part of Ecology's submittal to the U.S. Environmental Protection 

Agency for primacy reauthorization. 

In consideration of the terms and conditions contained herein, the parties agree as follows: 

STATEMENT OF WORK 

1. Duties of Ecology 

Ecology shall administer the Underground Injection Control Program as described in 

Exhibit A, attached hereto and incorporated by reference herein. 

2. Duties of DOH 

DOH shall administer the Underground Injection Control Program as described in Exhibit 

A, attached hereto and incorporated by reference herein. · · ·· · ' · 

3. Duration of Agreement 

This agreement shall be effective on the date when this agreement has been signed by 

both Ecology and DOH, and may be terminated upon 30 days written notice by either 

party. 

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4. Changes, Modifications, and Amendments 

This agreement sets forth in full the entire agreement of the parties in relation to the 

subject matter hereof, and any other agreement, representation, or understanding, verbal 

or otherwise, is hereby deemed to be null and void and of no force and effect 

whatsoever. 

This agreement may be waived, changed, modified, or amended only by written 

agreement executed by both the parties hereto. 

If any provisions of this agreement shall be deemed in conflict with any statute or rule of 

law, such provision shall be deemed modified to be :in conformance with said statute or 

rule of law. ~ ;} 

/-J.__0( ~ ~ /O~s:;07 

RECEIVED 

OCT 3 1 Z007 

CONTRACTS & PROCUREMENT 

I 

David C, Peeler, Date 

Water Quality Program Manager 

Washington State Department of Ecology 

Q~ ID\31\Df 

ANN THOMPSbN 

DOH CONTRACTS MGR 

WASHINGTON STATE DEPARTMENT 

OF HEALTH 

-, 

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EXHIBIT A 

Exhibit A is part of the memorandum of agreement that describes the respective authority of the 

Washington State Department of Ecology, Washington State Department of Health, and the 

Washington State Department of Natural Resources in the regulation of the Underground 

Injection Control Program (UIC). 

I. Permit and Compliance Assurance 

A. Introduction 

B. Class 1 Injection Wells 

C. Class II Injection Wells 

D. Class Ill Injection Wells 

E. · Class IV Injection Wells 

II. Class V injection Wells: Inventory, Assessment and Permitting and Regulation 

A. Ground water quality assessment 

B. Inventory 

Ill. Undergrqund Sources of Drinking Water and Exempted Aquifers 

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I. Permit and Compliance Assurance 

A Introduction 

The Washington State rules divide permit and compliance assurance responsibilities 

between Washington State Department of Ecology (Ecology), Washington State 

Department of Natural Resources (DNR), and Washington State Department of Health 

(DOH). The Washington State program serves to merge agency roles and 

responsibilities into a program that satisfies the intent and purposes of the underground 

injection control portion of the federal Safe Drinking Water Act (SDWA). Each agency 

retains primary responsibility to its legislative mandate. r he Ecology rules are designed 

to protect the state's environmental resources. The DNR rules are designed to promote 

the maximum benefits of the state's oil, gas, mineral, and geothermal resources while 

ensuring resource protection. The DOH rules are designed to protect public health and 

the safety of the public's drinking water supplies. 

The participating agencies agree to prohibit unauthorized injecti.on operations and to 

prohibit activities that cause or tend to cause the movement of unauthorized fluids into 

ground water. If an unauthorized movement of fluid into ground water occurs, the 

injection well owner or operator will either be required to obtain a permit, close the well, 

or be subject to enforcement action. 

The Washington State program requires an operator or owner of an injection fa~ility to 

demonstrate that the injection of fluids will not degrade ground water quality. 

Administrative and judicial review procedures for the UIC program are provided by 

Administrative Procedures Act, Chapter 34.05 RCW, and the Pollution Control Hearings 

Board statute, Chapter 43.21B RCW. 

A small portion of UIC wells in Washington are located on tribal land and regulated by 

the Environmental Protection Agency. 

B. Class I Injection Wells 

Class I injection wells are wells used to inject dangerous and/or radioactive waste, 

beneath the lowermost formation containing an underground source of drinking water 

within one-quarter mile of the well bore. All Class I wells are prohibited in Washington 

and must be decommissioned. 

C. Class II Injection Wells 

Class II injection wells are air wells used to inject fluids: 

1) Brought to the surface in connection with natural gas storage operations, or 

conventional oil or natural gas production. It may be mixed with wastewaters 

from gas plants that are an integral part of production operations, unless those 

waters are classified as hazardous wastes at the time of injection. 

2) For enhanced recovery of oil or natural gas. 

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3) For storage of hydrocarbons that are liquid at standard temperature and 

pressure. 

DNR has primary responsibility for the regulation of Class II injection wells 1, 2, and 3 

above, but agrees to share Class II injection well permit and compliance assurance 

responsibilities with Ecology. The supervisor of the DNR Division of Geology and Earth 

Resources is the designated administrator for Class II injection wells. 

The DNR program is designed to encourage and promote the development of the state's 

oil and gas resources. The scope of DNR's program is not as comprehensive as the 

requirements of Part C of the federal SDWA. Th.e legislature recognized this and passed 

RCW 43.21A.445, enabling Ecology and DNR to share in the administration of Part C of 

the federal SDWA. 

. Prior to injection, the owner or operator shall notify DNR in accordance with the · 

procedures and requirements of Chapter 344-12 WAC, which includes completing a 

permit application. Within ten days of receipt of a completed permit application, the DNR 

supervisor must forward it to Ecology per WAC 344-12-050(5). 

On acceptance of a completed permit application for a Class II injection well, Ecology 

will review, evaluate, and approve the application in accordance with Chapters 173-216 

and 173-218 WAC. The applicant shall have approval to operate when Ecology has 

approved the permit. 

DNR agrees to notify Ecology within ten (10) working days of any violation of such 

permit terms. DNR will assist Ecology in enforcing the provisions of Part C of the federal 

SDWA. 

D. Class Ill Injection Wells 

Class Ill injection wells are used to extract minerals. Class 111 wells are prohibited in 

Washington and must be decommissioned. Examples of Class Ill wells include, but are 

not limited to, the injection of fluids for: . 

1) Mining of sulfur by Frasch process. 

2) In-situ production of uranium or other metals that have not been 

conventionally mined. 

3) Solution mining of salts or potash. 

E. Class IV Injection Wells 

Class IV injection wells are used to inject dangerous or radioactive waste into or above 

an underground source of drinking water. Class IV·wells are prohibited and must be 

decommissioned except for Class IV wells reinjecting treated ground water into the 

same formation from where it was drawn as part of a removal or remedial action if 

approved by EPA in accordance with the Comprehensive Environmental Response, 

Compensation, and Liability Act (CERCLA) or the Resource Conservation and Recovery 

Act (RCRA). Other examples of Class IV wells include: 

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1) Dangerous or radioactive waste into or above a formation that contains ari 

underground source of drinking water within one quarter mile of the well. This 

includes disposal of dangerous waste into a septic system or cesspool 

regardless of the size; or 

2) Dangerous or radioactive waste that cannot be classified as a Class I well type or 

(1) of this subsection. 

11. Class V injection Wells: Assess~ent, Permitting, and Inventory 

Class V injection wells are.all injection wells not included in Classes I, II, Ill, or IV. Class 

V wells are usually shallow injection wells that inject fluids above the uppermost ground 

water aquifer. The majority of injection wells in the state of Washington are Class V wells 

used to manage stormwater. 

A. Ground water quality assessment, program compliance and permitting 

Ecology has the authority to oversee the assessment, program compliance, rule 

authorization, and permitting for the majority of class V wells in Washington, with the 

exception of on-site sewage systems permitted by DOH pursuant to Chapter 246-2728 

WAC. . 

Washington State agencies do not have the regulatory authority for UIC wells located on 

tribal land. 

B. Inventory 

Ecology is responsible for acquiring the UIC well registration and maintaining the 

inventory for all Class V wells in the state exceptfor UIC wells located on tribal land. 

DOH has provided Ecology registration information on septic systems that serve twenty 

or more people per day or an equivalent design capacity of 3,500 gallons or larger per 

day that receive operating permits, meet the permit requirements, and were permitted in 

accordance with Chapter 246-2728 WAC through December 31, 2006. Starting in 2008 

DOH will provide to Ecology an annual update on new and expanded systems that were 

permitted by DOH or abandoned according to WAC 246-2728 during the preceding 

calendar year. 

Ill. Underground Sources of Drinking Water (USDW) and Exempted Aquifers 

Ecology defines underground sources of drinking water (USDW) as any ground waters that 

contain fewer than 10,000 mg/L of total dissolved solids and/or supplies drinking water for 

human consumption. Protection of ground water is required under the state's Water 

Pollution Control Act, Chapter 90.48 RCW. Underground waters are considered waters of 

the state as defined in 90.48.020 RCW. RCW 90.48.520 also requires that all wastes or 

other materials discharged into waters of the state be provided with all known; available, 

and reasonable methods of prevention, control, and treatment. 

' the federal regulations authorize certain aqu_ifers to be exempt from classification as an 

USDW, however because these exemptions are not authqrized under state law, the 

exemption provision of 40 C.F.R. § 146.4 is not part of Washington's program. 

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