Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 6 - UNDERGROUND INJECTION CONTROL › Part D - PERMIT CONDITIONS FOR UNDERGROUND INJECTION › Section R18-9-D636 - Establishing Permit Conditions

Current through Register Vol. 30, No. 28, July 12, 2024
A. In addition
				  to conditions required in R18-9-D635, the Director shall establish conditions,
				  as required on a case-by-case basis under R18-9-C628 (Permit Duration),
				  R18-9-D637 (Schedules of Compliance), and R18-9-D638 (Requirements for
				  Recording and Reporting Monitoring Results). Permits for owners or operators of
				  Class VI injection wells shall include conditions meeting the requirements of
				  Part J of this Article. Permits for other wells shall contain the following
				  requirements, when applicable.
1.
				  Construction requirements as set forth in this Article. Existing wells shall
				  achieve compliance with such requirements according to a compliance schedule
				  established as a permit condition. The owner or operator of a proposed new
				  injection well shall submit plans for testing, drilling, and construction as
				  part of the permit application. Except as authorized by an area permit, no
				  construction may commence until a permit has been issued containing
				  construction requirements. New wells shall be in compliance with these
				  requirements prior to commencing injection operations. Changes in construction
				  plans during construction may be approved by the Director as minor
				  modifications as defined under R18-9-C633. No such changes may be physically
				  incorporated into construction of the well prior to approval of the
				  modification by the Director.
2.
				  Corrective action as set forth in R18-9-D639 and R18-9-J659.
3. Operation requirements as set forth in
				  this Article; the permit shall establish any maximum injection volumes and/or
				  pressures necessary to assure that fractures are not initiated in the confining
				  zone, that injected fluids do not migrate into any USDW, that formation fluids
				  are not displaced into any USDW, and to assure compliance with the operating
				  requirements under this Article.
4.
				  Monitoring and reporting requirements as set forth in this Article. The
				  permittee shall be required to identify types of tests and methods used to
				  generate the monitoring data. Monitoring of the nature of injected fluids shall
				  comply with an analytical method prescribed in A.A.C.
				  R9-14-610,
				  or an alternative analytical method approved under A.A.C.
				  R9-14-610(C),
				  or as approved by the Director. A test result from a sample taken to determine
				  compliance with a national primary drinking water standard is valid only if the
				  sample is analyzed by a laboratory that is licensed by the Arizona Department
				  of Health Services, an out-of-state laboratory licensed under A.R.S. §
											36-495.14,
				  or a laboratory exempted under A.R.S. §
											36-495.02,
				  for the analysis performed.
5.
				  After a cessation of operations for two years the owner or operator shall plug
				  and abandon the well in accordance with the plan unless they:
a. Provide notice to the Director;
				  and
b. Describe actions or
				  procedures, satisfactory to the Director, that the owner or operator will take
				  to ensure that the well will not endanger USDWs during the period of temporary
				  abandonment. These actions and procedures shall include compliance with the
				  technical requirements applicable to active injection wells unless waived by
				  the Director.
6.
				  Financial responsibility.
a. The permittee,
				  including the transferor of a permit, is required to demonstrate and maintain
				  financial responsibility and resources to close, plug, and abandon the
				  underground injection operation in a manner prescribed by the Director until:
i. The well has been plugged and abandoned in
				  accordance with an approved plugging and abandonment plan pursuant to
				  R18-9-D635(15), R18-9-B614, and R18-9-J667, and submitted a plugging and
				  abandonment report pursuant to R18-9-D635(16); or
ii. The well has been converted in compliance
				  with the requirements of R18-9-D635(14); or
iii. The transferor of a permit has received
				  notice from the Director that the owner or operator receiving transfer of the
				  permit, the new permittee, has demonstrated financial responsibility for the
				  well.
b. The permittee
				  shall show evidence of such financial responsibility to the Director by the
				  submission of a surety bond, or other adequate assurance, such as a financial
				  statement or other materials acceptable to the Director. For Class VI wells,
				  the permittee shall show evidence of such financial responsibility to the
				  Director by the submission of a qualifying instrument, such as a financial
				  statement or other materials acceptable to the Director. The owner or operator
				  of a Class VI well must comply with the financial responsibility requirements
				  set forth in R18-9-J660.
7. A permit for any Class I, II, III or VI
				  well or injection project that lacks mechanical integrity shall include, and
				  for any Class V well may include, a condition prohibiting injection operations
				  until the permittee shows to the satisfaction of the Director under R18-9-B613
				  or R18-9-J664 of this Chapter for Class VI, that the well has mechanical
				  integrity.
8. The Director shall
				  impose on a case-by-case basis such additional conditions as are necessary to
				  prevent the migration of fluids into USDWs.