Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart I - REQUIREMENTS FOR CLASS V INJECTION WELLS › Section 704.284 - Permit Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
No permit is required for a Class V injection well, unless
				  the owner or operator falls within an exception described in subsection
				  (b).
a) General Authorization by Rule.
				With certain exceptions listed in subsection (b), an owner's or operator's
				Class V injection activity is "authorized by rule", meaning that the owner and
				operator has to comply with all the requirements of this Subpart I and the rest
				of this Part and 35 Ill. Adm. Code 702 and 730, but the owner or operator does
				not need to get an individual permit. Well authorization expires once the owner
				or operator has properly closed its well, as described in Section
				704.282(b).
b) Circumstances in Which Permits or Other
				Actions Are Required. If an owner or operator fits into one of the categories
				listed below, its Class V injection well is no longer authorized by rule. This
				means that the owner or operator has to either get a permit or close its
				injection well. The owner or operator can find out whether its well falls into
				one of these categories by contacting the Agency. Subparts D and H tell an
				owner or operator how to apply for a permit and describe other aspects of the
				permitting process. Subpart C of 35 Ill. Adm. Code 702 and Subpart E outline
				some of the requirements that apply to the owner or operator if it gets a
				permit. An owner or operator must either obtain a permit or close its injection
				well if any of the following is true:
1) The
				owner or operator fails to comply with the prohibition against fluid movement
				in Section
				704.122(a)
				and described in Section
				704.282(a)
				(in which case, the owner or operator must get a permit, close its well, or
				comply with other conditions determined by the Agency);
2) The Class V injection well is a
				large-capacity cesspool (in which case, the owner or operator must close its
				well as specified in the additional requirements set forth in Section
				704.288 )
				or the Class V injection well is a motor vehicle waste disposal well in a
				groundwater protection area or a sensitive groundwater area (in which case, the
				owner or operator must either close its well or get a permit, as specified in
				the additional requirements set forth in Section 704.288). New motor vehicle
				waste disposal wells and new cesspools are prohibited;
BOARD NOTE: A new motor vehicle waste disposal well or a new
				  cesspool is one for which construction had not commenced prior to April 5,
				  2000. See
				  40 CFR
				  144.84(a)(2).
3) The owner or operator is specifically
				required by the Agency to get a permit (in which case, the authorization by
				rule expires on the effective date of the permit issued, or the owner or
				operator is prohibited from injecting into its well upon the occurrence of
				either of the following:
A) The failure of
				the owner and operator to submit a permit application in a timely manner, as
				specified in a notice from the Agency; or
B) The effective date of a permit denial;
				or
4) The owner or
				operator has failed to submit inventory information to the Agency, as described
				in Section
				704.283(a)
				(in which case, the owner and operator is prohibited from injecting into the
				well until it complies with the inventory requirements).
5) Illinois is designated a "Primacy State"
				by USEPA. Corresponding
				40 CFR
				144.84(b)(5) relates
				exclusively to "Direct Implementation" states, so the Board has omitted it.
				This statement maintains structural consistency with the federal
				regulations.