Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.03.03 - RULES AND MINIMUM STANDARDS FOR THE CONSTRUCTION AND USE OF INJECTION WELLS › Section 37.03.03.040 - AUTHORIZATIONS, PROHIBITIONS AND EXEMPTIONS

Current through August 31, 2023
01.
Authorizations
. Construction and use of Class V deep injection wells may
			 be authorized by permit as approved by the Director in accordance with these
			 rules. (3-18-22)
02.
Prohibitions
. (3-18-22)
a. These rules
			 prohibit the permitting, construction, or use of any Class I, III IV, or VI
			 injection well. (3-18-22)
b. No
			 owner or operator shall construct, operate, maintain, convert, plug, abandon,
			 or conduct any other injection activity in a manner that allows or causes the
			 movement of fluid containing any contaminant into underground sources of
			 drinking water, if the presence of that contaminant may cause a violation of
			 any primary or secondary drinking water regulation, under IDAPA 58.01.11,
			 "Ground Water Quality Rule," Section
			 200 or may otherwise adversely
			 affect the health of persons. The applicant for a permit shall have the burden
			 of showing that the requirements of Paragraph 040.02.c. are met.
			 (3-18-22)
c. Notwithstanding any
			 other provision of this section, the Director may take emergency action upon
			 receipt of information that a contaminant which is present in or likely to
			 enter a public water system or underground source of drinking water may present
			 an imminent and substantial endangerment to the health of persons.
			 (3-18-22)
d. Construction of large
			 capacity cesspools, motor vehicle waste disposal wells, radioactive waste
			 disposal wells, and untreated sewage disposal wells is prohibited. Construction
			 and use of other Class V shallow injection wells are authorized by these rules
			 without permit provided that: (3-18-22)
i.
			 Required inventory information is submitted to the Director pursuant to
			 Subsection 070.01 of this rule.
			 (3-18-22)
ii. Use of the shallow
			 injection well shall not result in unreasonable contamination of a USDW or
			 cause a violation of surface or ground water quality standards that would
			 affect a beneficial use. (3-18-22)
e. Class IV injection wells used to inject
			 contaminated ground water that has been treated and is being reinjected into
			 the same formation from which it was drawn are not prohibited by these rules if
			 such injection is approved by EPA, or Idaho, pursuant to provisions for cleanup
			 of releases under the Comprehensive Environmental Response, Compensation, and
			 Liability Act of 1980 (CERCLA),
			 42 U.S.C.
			 9601 -
			 9657, or pursuant to requirements
			 and provisions under the Resource Conservation and Recovery Act (RCRA),
			 42 U.S.C.
			 6901 through
			 6987. (3-18-22)
f. All large capacity cesspools must be
			 properly decommissioned by January 1, 2005. A cease and desist order may be
			 issued to the owner or the operator when a large capacity cesspool is found to
			 be a threat to the ground water resources as described in Paragraph 070.01.c.
			 (3-18-22)
g. All motor vehicle
			 waste disposal wells must be properly decommissioned by January 1, 2005. A
			 cease and desist order may be issued to the owner or the operator when a motor
			 vehicle waste disposal well is found to be a threat to the ground water
			 resources as described in Paragraph 070.01.c. (3-18-22)
h. The Construction, operation or maintenance
			 of any non-experimental Class V geologic sequestration well is prohibited.
			 (3-18-22)
i. Owners or operators of
			 shallow injection wells are prohibited from injecting into the well upon
			 failure to submit inventory information in a timely manner pursuant to
			 Paragraph 070.01.a. of these rules. (3-18-22)