West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-13 - Underground Injection Control › Section 47-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules set forth criteria and standards for the requirements which apply
				to the State Underground Injection Control Program (UIC). The UIC permit
				program regulates underground injections by 6 classes of wells. The 6 classes
				of wells are set forth in section 4 of this rule. All owners or operators of
				these injection wells must be authorized either by permit or rule by the
				Director.
1.1.1. Specific inclusions. The
				following wells are included among those types of injection activities which
				are covered by the UIC rules (this list is not intended to be exclusive but is
				for clarification only):
1.1.2. Any
				dug hole or well that is deeper than its largest surface dimension, where the
				principal function of the hole is emplacement of fluids.
1.1.3. Any septic tank or cesspool used by
				generators of hazardous waste, or by owners or operators of hazardous waste
				management facilities, to dispose of fluids containing hazardous
				waste.
1.1.4. Any septic tank,
				cesspool, or other well used by multiple dwelling, community, or regional
				system for the injection of waste.
1.1.5. Specific exclusions. The following are
				not covered by this rule:
1.1.5.a. Individual
				or single-family residential waste disposal systems such as domestic cesspools
				or septic systems.
1.1.5.b. Any dug
				hole which is not used for emplacement of fluids underground.
1.1.5.c. Nonresidential cesspools, septic
				systems or similar waste disposal systems if such systems are used solely for
				the disposal of sanitary wastes and have the capacity to serve fewer than 20
				persons a day.
1.1.5.d. Injection
				wells are used for injection of hydrocarbons which are of pipeline quality and
				are gases at standard temperature and pressure for the purpose of storage.
NOTE: The specification of exclusions under subdivision 1.1.5
				  of this section shall not relieve any person of any requirements imposed under
				  the State Act and rules, other than this Series, including State permit
				  requirements.
NOTE: Interim Status under RCRA for Class 1 Hazardous Waste
				  Injection Wells. The minimum national standards which define acceptable
				  injection of hazardous waste during the period of interim status under RCRA are
				  set out in the applicable provisions of 40 CFR parts 144, 146, 147, and
				  40 CFR section
				  265.430. A UIC permit does not automatically
				  terminate upon issuance to that well of a RCRA permit-by-rule under
				  40 CFR section
				  270.60(b). Thus, until a
				  Class 1 well injecting hazardous waste receives a RCRA permit or
				  permit-by-rule, the well's interim status requirements are the applicable
				  requirements imposed pursuant to 40 CFR parts 144, 146, 147 and 40 CFR part
				  265, including any requirements imposed in the UIC permit.