West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-15 - Underground Injection Control › Section 38-15-17 - Authorization by Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1
				Application for a Permit; Authorization by Permit. The requirements of
				40 C.F.R. §
										144.31 are incorporated by
				reference.
17.2 Area Permits. The
				requirements of
				40
				C.F.R. §
										144.33 are incorporated by
				reference.
17.3 Emergency Permits.
				The requirements of
				40 C.F.R. §
										144.34 are incorporated by
				reference.
17.4 Additional
				Conditions Applicable to all UIC Permits. The following conditions, in addition
				to those set forth elsewhere in these regulations, apply to all UIC permits and
				shall be incorporated into all permits either expressly or by reference. If
				incorporated by reference, a special citation to these rules must be given in
				the permit.
17.4.1 The permittee need not
				comply with the provisions of this permit to the extent and for the duration
				such non-compliance is authorized in a temporary emergency permit under Section
				17.3.
17.4.2 The permittee shall
				retain all records concerning the nature and composition of injected fluids
				until three (3) years after completion of any plugging and abandonment
				procedures specified under Sections 10 and 12. The Director may require the
				owner or operator to deliver the records to the Director at the conclusion of
				the retention period.
17.4.3 With
				the exception of all new wells authorized by an area permit under Section 17.2,
				a new injection well may not commence injection until construction is complete;
				and
17.4.3.1 The permittee has submitted
				notice of completion of construction to the Director; and
17.4.3.2 The Director has inspected or
				otherwise reviewed the new injection well and finds its is in compliance with
				the conditions of the permit; and
17.4.3.3 The permittee has not received
				notice from the Director of his or her intent to inspect or otherwise review
				the new injection well within thirteen (13) days of the date of the notice in
				Section 17.4.3.1, of this, section, in which case prior inspection or review is
				waived and the permitee may commence injection. The Director shall include in
				the notice a reasonable time period in which he or she shall inspect the
				well.
17.4.4 The
				following shall be included as information which must be reported under Section
				17.8.
17.4.4.1 Any monitoring or other
				information which indicates that any contaminant may cause an endangerment to a
				USDW; and
17.4.4.2 Any
				non-compliance with a permit condition or malfunction of the injection system
				which may cause fluid migration into or between the USDWs.
17.4.5 The permittee shall notify the
				Director at such times as the permit requires before conversion or abandonment
				of the well or in the case of area permits before closure of the
				project.
17.4.6. A single permit
				for the construction and operation of any underground injection well subject to
				these regulations shall be issued by the Director, subject only the condition
				that an appropriate mechanical integrity test be submitted to the Director
				prior to operation.
17.4.7 The
				permittee shall be authorized to inject into such a well at a pressure up to
				90% of .the breakdown pressure of the injection formation. The permittee shall
				provide the Director with the results of an injection pressure test or such
				other information as would establish the breakdown pressure of the formation to
				the satisfaction of the Director. Injection pressures in excess of 90% may be
				authorized, on a case-by-case basis at the discretion of the Director. In no
				case, however, may the injection pressure be allowed to exceed the fracture
				pressure of the formation.