### MEMORANDUM OFAGREEMENT between the Washington State Department of Ecology and Washington Departmentof Natural Resources Related tothe UNDERGROUND INJECTION CONTROL PROGRAM forthe STATE OFWASHINGTON
This agreement is made and entered into by and between the Washington State Department of Ecology (Ecology) and the Washington State Department of Natural Resources, (DNR) pursuant to RCW43.21A.445
. Both DNR and Ecology are authorized to administer Part C of
. the federal Safe Drinking WaterAct (SDWA), 42 USC§ 300h, et. seq., as amended, which pertains to underground injection control for the protection of underground sources ofdrinking water
. This agreement c]arifies the respective responsibilities of Ecology and DNR in implementing Washington's Underground Injection Control Program
. PURPOSE The purpose ofthis agreement is to ensurethatWashington 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 offluids. In addition, this agreementwill be used as part of Ecology's submittal tothe 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 A.
. Ecology shall administerthe Underground injection Control Program as described in ExhibitA, attached hereto and incorporated by reference herein. B
. Ecology will provide assistanceto DNR for permit and compliance assurance.2. Duties of DNR A. DNR shall do all things necessary to perform the work set f o rth in Exhibit A. B. DNR shall provide technical and enforcement assistance to WDOE for permit and compliance assurance. C . DNR shall not authorize Class Il l injection wells as defined i n Underground Injection Control Program , Chapter 173-218 WAC. 3. Duration of Agreement This agreement shall be effective on the date when th i s agreemen t has been signed by both Ecology and DNR, and may be terminated upon 30 days written notice by either **~~** . 4. Changes, Modifications, and Amendments This agreement sets forth in full the entire agreement of the partie s in relation to the subject matter hereof , and any other agreement , representation , o r unde rstanding ,

verbal or otherwise , is hereby deemed to be null and void and of n o force and effect whatsoever. Th i s agreement may be waived , changed , mod i fied , or amended only by written

agreement executed by both the parties hereto . If any provisions of this agreement shall be deemed i n conflict w i th any statute of rule of law, such provision shall be deemed modified to be in conformanc e with said statue or

ru l e of law.

**~~** /1(2/ **7 ~~**  **0~,/h** j Dav1d C. Peeler Date Water Quality Program Manager Washington State Department of Ecology · Ron F. T eissere State Geologist I **~I** ;z &/7-Vt77 · d'ate Washington State Department of Natura l

Resources 2

### EXHIBITA Exhibit A is part ofthe memorandum ofagreement that describes the respective authority ofthe Washington State Department of Ecology,Washington State Department of Health, and the Washington State Departmentof Natural Resources in the regulation ofthe Underground Injection Control Program (U IC).
I. Permitand Compliance Assurance 

### A. Introduction B
. Class 1 Injection Wells C. Class II In jectionWells D
. Class Ill Injection Wells E. Class IV InjectionWells II. Class V injection Wells: Inventory, Assessment and Permitting and Regulation 

### A. Groundwaterquality assessment B. Inventory
Ill. Underground Sources of Drinking Water and Exempted Aquifers



### 1I. 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 Resou r ces . (D NR) , 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. The Ecology rules are designed to protec t the state's environmenta l resources. The DNR rules are designed to promote the maximum benef its of the state's oil, gas, mineral, and geothermal resources while ensuring resource protection. The DOH r u l es are designed to protect public health and the safety of the public's d r inking wa t er supplies . The participating agencies agree to prohibit unauthorized injection operations and t o prohibit activities that cause o r tend to cause the movement of un a uthorized fluids into ground water. If an unauthorized movement of fluid into ground w a ter 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 facility to demonstrate that the injection of fluids will not degrade ground wa t er quality. Admin i strative and judicial review procedures for the UIC program are provided by Administrative Procedures Act, Chapter 34 . 05 RCW, and the Poll u tion Control Hearings Board statute, Chapter 43.218 RCW. A small portion of UIC wells in Washington are located on triba l land and regulated by the Environmenta l Protection Agency. B. Class I Injection Wells Class I injection wells are wells used to inject dangerous and/or radioactive was te , beneath the l owermost formation containing an underground sour c e o f 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 i njection wells are a ll wells used to inject flu i ds :

1 ) Brought to the surface in connect i on with natural gas storage operat i ons , or conventional oil or natural gas production . It may be mixed with wastewate r s 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 . 2

### 3) For storage ofhydrocarbons that are liquid at standard temperature and pressure. DNR has primary responsibility forthe regulation of Class II injection wells 1, 2, and 3 above, but agrees to share Class II injectionwell permit and compliance assurance responsibilities with Ecology. The supervisor ofthe DNR Division ofGeology and Earth Resources is the designated administratorfor Class II injection wells. The DNR program is designedto 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. The 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. Priorto injection, the owner oroperator shall notify DNR in accordance with the procedures and requirements ofChapter 344-12 WAC,which includes completing a permit application. Within ten days of receipt ofa completed permit application,the DNR supervisor must forward itto Ecology perWAC 344-12-050(5). On acceptance ofa completep permit application for a Class II injection well, Ecology will review, evaluate, and approve the application in accordance with Chapters 173-216 and 173-218WAC
. The applicant shall have approval to operate when Ecology has approved the permit. DNR agrees to notify Ecology within ten (10) working days ofany violation ofsuch permitterms. DNR will assist Ecology in enforci!lg the provisions of Part C ofthe federal SDWA. D
. Class Ill Injection Wells Class Ill injection wells are usedto extract minerals. Class Ill wells are prohibited in Washington and must be decommissioned
. Examples of Class Ill wells include, but are not limited to, the injection offluids for: 1) Mining ofsulfur by Frasch process. 2) In-situ production of uranium or other metals that have notbeen conventionally mined
. 3) Solution mining ofsalts or potash. 

### E. Class IV Injection Wells Class IV injectionwells are used to injectdangerous or radioactive waste into orabove an underground source ofdrinking water
. Class IV wells are prohibited and must be decommissioned except for Class IVwells reinjecting treated ground water intothe same formation from where itwas drawn as part ofa 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 ofClass IVwells include:


### 31) Dangerous or radioactive waste into or above a formation that contains an 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. . II. Class V injection Wells: Assessment, 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 inject ion 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 reg u latory authority fo r UIC wells located on tribal land. B . . Inventory Ecology is respons ib le for acquiring the UIC well registration and ma intai n ing the inventory for all Class V wells in the state except for UIC wells located on tribal land. DOH has provided Ecology reg istra tio n 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 t he permit requirements, and were permitted in accordance with Chapter 246-2728 WAC through December 31, 2006. Starting in 2008 DOH will provide to Ecology ail 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 cons idered waters of the state as defined in 90.48.020 RCW. RCW 90.48.520 also requi res that all wastes or other materials discharged into waters . of the state be provided with all known , available,

and reasona.ble methods of prevention, control, and t rea tmen t. The federal regulations authorize certain aquifers to be exempt f rom classification as an USDW, however because these exemptions are not authorized under state law, the · exemption provision of 40 C.F . R. § 146.4 is not part of Washington's program. 4