The following conditions apply to all UIC permits, in
addition to those set forth in 35 Ill. Adm. Code
702.140
through
702.152,
and these conditions must be incorporated into all permits either expressly or
by reference. If incorporated by reference, a specific citation to these
regulations must be given in the permit.
a) In addition to 35 Ill. Adm. Code
702.141 (duty to
comply): the permittee needs not comply with the provisions of this permit to
the extent and for the duration such noncompliance is authorized in a temporary
emergency permit under Section
704.163.
BOARD NOTE: Subsection (a) is derived from
40 CFR
144.51(a)
(2017).
b) In addition to 35
Ill. Adm. Code
702.150(b)
(monitoring and records): the permittee must retain records concerning the
nature and composition of all injected fluids until three years after the
completion of any plugging and abandonment procedures specified under Section
704.188
or under Subpart G of 35 Ill. Adm. Code
730, as appropriate. The owner or
operator must continue to retain the records after the three-year retention
period, unless the owner or operator delivers the records to the Agency or
obtains written approval from the Agency to discard the records.
BOARD NOTE: Subsection (b) is derived from
40 CFR
144.51(j)(2)(ii)
(2017).
c) In addition to 35
Ill. Adm. Code
702.152(a)
(notice of planned changes), the following limitation applies: except for all
new wells authorized by an area permit under Section
704.162(c),
a new injection well may not commence injection until construction is complete,
and both of the following must occur:
1) The
permittee must have submitted notice of completion of construction to the
Agency; and
2) Inspection review
must have occurred, as follows:
A) The Agency
has inspected or otherwise reviewed the new injection well and finds it is in
compliance with the conditions of the permit; or
B) The permittee has not received notice from
the Agency of its intent to inspect or otherwise review the new injection well
within 13 days of the date of the notice in subsection (c)(1), in which case
prior inspection or review is waived, and the permittee may commence injection.
The Agency must include in its notice a reasonable time period in which it will
inspect the well.
BOARD NOTE: Subsection (c) is derived from
40 CFR
144.51(m)
(2017).
d) Reporting Noncompliance
1) Twenty-four hour reporting. The permittee
must report any noncompliance that may endanger health or the environment,
including the following:
A) Any monitoring or
other information that indicates that any contaminant may cause an endangerment
to a USDW; and
B) Any noncompliance
with a permit condition or malfunction of the injection system that may cause
fluid migration into or between USDWs.
2) Any information must be provided orally
within 24 hours from the time the permittee becomes aware of the circumstances.
A written submission must also be provided within five days after the time the
permittee becomes aware of the circumstances. The written submission must
contain a description of the noncompliance and its cause; the period of
noncompliance, including exact dates, times, and, if the noncompliance has not
been corrected, the anticipated time is expected to continue; and steps taken
or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance
of the noncompliance.
BOARD NOTE: Subsection (d) is derived from
40 CFR
144.51(l)(6)
(2017).
e) The
permittee must notify the Agency 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.
BOARD NOTE: Subsection (e) is derived from
40 CFR
144.51(n)
(2017).
f) A Class I or
Class III injection well permit must include, and a Class V permit may include,
conditions that meet the applicable requirements of 35 Ill. Adm. Code
730.110
to ensure that plugging and abandonment of the well will not allow the movement
of fluids into or between USDWs. Where the plan meets the requirements of 35
Ill. Adm. Code
730.110, the Agency must incorporate the plan into the permit as
a permit condition. Where the Agency's review of an application indicates that
the permittee's plan is inadequate, the Agency may require the applicant to
revise the plan, prescribe conditions meeting the requirements of this
subsection (f), or deny the permit. A Class VI injection well permit must
include conditions that meet the requirements set forth in 35 Ill. Adm. Code
730.192.
Where the plan meets the requirements of 35 Ill. Adm. Code
730.192, the Agency
must incorporate the plan into the permit as a permit condition. For purposes
of this subsection (f), temporary or intermittent cessation of injection
operations is not abandonment.
BOARD NOTE: Subsection (f) is derived from
40 CFR
144.51(o)
(2017).
g) Plugging and
Abandonment Report. Within 60 days after plugging a well or at the time of the
next quarterly report (whichever is less) the owner or operator must submit a
report to the Agency. If the quarterly report is due less than 15 days before
completion of plugging, then the report must be submitted within 60 days. The
report must be certified as accurate by the person who performed the plugging
operation. Such report must consist of either of the following:
1) A statement that the well was plugged in
accordance with the plan previously submitted to the Agency;
2) Where actual plugging differed from the
plan previously submitted, an updated version of the plan on the form supplied
by the Agency specifying the differences.
BOARD NOTE: Subsection (g) is derived from
40 CFR
144.51(p)
(2017).
h) Duty to
Establish and Maintain Mechanical Integrity
1) The owner or operator of a Class I Class
III, or Class VI injection well permitted under this Part and 35 Ill. Adm. Code
702 must establish mechanical integrity prior to commencing injection or on a
schedule determined by the Agency. Thereafter the owner or operator of a Class
I, Class II, or Class III injection well must maintain mechanical integrity as
required by 35 Ill. Adm. Code
730.108, and
the owner or operator of a Class VI injection well must maintain mechanical
integrity as required by Section
730.189. The
Agency may require by permit condition that the owner or operator comply with a
schedule describing when mechanical integrity demonstrations must be
made.
2) When the Agency determines
that a Class I or Class III injection well lacks mechanical integrity pursuant
to 35 Ill. Adm. Code
730.108 or
730.189 (for
a Class VI injection well), the Agency must give written notice of its
determination to the owner or operator. Unless the Agency requires immediate
cessation, the owner or operator must cease injection into the well within 48
hours of receipt of the Agency determination. The Agency may allow plugging of
the well pursuant to 35 Ill. Adm. Code
730.110
or require the permittee to perform such additional construction, operation,
monitoring, reporting, and corrective action as is necessary to prevent the
movement of fluid into or between USDWs caused by the lack of mechanical
integrity. The owner or operator may resume injection upon written notification
from the Agency that the owner or operator has demonstrated mechanical
integrity pursuant to 35 Ill. Adm. Code
730.108.
3) The Agency may allow the owner or operator
of a well that lacks mechanical integrity pursuant to 35 Ill. Adm. Code
730.108(a)(1)
to continue or resume injection, if the owner or operator has made a
satisfactory showing that there is no movement of fluid into or between
USDWs.