MEMORANDUM OF AGREEMENT between the 

## J AN 10!nOB WATER OiJF,I.JfY 

### P i10GRAM 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 ofthe federal Safe Drinking WaterAct (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 WaterAct (SDWA) and thereby conserve and protect the state's sources ofground waterthrough the regulation ofthe injection offlu ids

. 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 ofthe 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 Underg round Injection Control Program as described in Exhibit A, attached hereto and incorporated by reference herein. · · ··· ' · 3
. Duration ofAgreement 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.

1, - 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 nu ll and vo i d and of n o force and effect whatsoever. This agreement may be waived, changed, modified, or amended o nly 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 :i n conforman ce 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 Ma nage r Washington State Departm e nt of Ecology **Q~** I D\3 1\ Df ANN THOMPSbN DOH CONTRACTS MGR WASHINGTON STATE DEPARTMENT OF HEALTH - , 2

### EXH IBIT 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



### 1I. Permit and Compliance Assurance A Introduction The Washington State rules divide permit and compliance assura n ce re sponsibilities 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 purpo s es of the und ergr ound injection contro l portio n of the federal Safe Drinking Water Act (SDWA). Each agency

retains primary responsibility to its l eg i slative mandate . r h e Ecology rules are designed to protect the state's e nv iron me nta l re sources. T he DNR rul es are designed to promote the maximum benefits of t he s t ate 's oil, gas, m ine r a l , a nd geothermal reso u rces while ensuring r esource protection . The DOH ru les a r e designed t o protect pub li c heal th and the safety of the public's drinking water supp li es. The participating agencies agree to prohibit un aut h orized injecti . on operations and to prohibit activities that cause o r te nd to cause the movement of unauthorized fluids into ground water . I f an unauthorized movement of fluid into ground water occurs, the injection well owner or operator will either be required to obtain a permit, close t he we ll , 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 wa t er quality. Administrative and judicial review procedures for the UIC program are provided by Administrative Procedures Act, Chapter 34 . 05 RCW , and the Po ll ution 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 Environmenta l Protect ion Agency. B. C l ass I Injection Wells Class I injection wells are wells u sed to injec t dangerous and/or r adioactive waste, beneath the lowermost formation containing an underground source of d ri nking water within one - quarter mile of the we ll bore. All Class I wells are prohibited in Washington

and must be decommissioned. C . Class II Injection Wells Class II i njection wells are a i r wells used to inject fluids: 1) Brought to the surface in connection with natural gas sto r age operations, or conventional oil or natural gas production . It may be mixed with wastewaters from gas plants that are an integ r al part of production operations , unless those waters are classified as hazardous wastes at the time of injection. 2) Fo r enhanced recove ry of oil or natural gas. 23) 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 ofthe 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 ofthe state's oil and gas resources. The scope of DNR's program is not as comprehensive as the requirements of Part C ofthe 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 perWAC 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 173-2 16 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 ofthe 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 IVwells 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) orthe Resource Conservation and Recovery Act (RCRA). Other examples of Class IV wells include:



### 31) Dangerous or radioactive waste into or above a formation that contains ari underground source of drinking water within one quarter mi le 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 I n ve n tory Class V in jection wells are . all injection wells not included in Classes I, II, Ill , or IV. Class V wells are usually shallow injection we lls tha t 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 pursuan t to Chapter 246-2728 WAC. . Washington State agencies do not have the regu latory authority f or UIC wells located on tribal land . B . Inven tory Ecology is responsible for acquiring the UIC well registration and maintaining the inventory for all Class V wells in the state exceptfor UIC we lls located on tribal land . DOH has provided Ecology registration information on septic sys t ems that serve twenty or more people per day or an equivalent design capacity of 3,500 gallons or lar ger per day that receive operating permits , meet the permit requirements, and were permitted in accordance with Chapter 246-2728 WAC throug h 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 Aqu i fers Eco logy defines underground sources of drinking water (USDW) a s 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 requi r es 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 regulat ions authorize certain aqu _ ifers to be exempt from classification as an USDW, however because these exemptions are not authqr i zed under state law, the exemption provision of 40 C.F.R. § 146.4 is not part of Washington ' s program. 4