Ill. Admin. Code tit. 35, § 730.164 - Corrective Action for Wells in the Area of Review
For the purposes of a Class I hazardous waste injection well, this Section applies instead of 35 Ill. Adm. Code 704.193 and Section 730.107.
a) The owner or operator of a Class I
hazardous waste injection well must, as part of the permit application, submit
a plan to the Agency outlining the protocol used to accomplish both of the
following:
1) Identify all wells penetrating
the confining zone or injection zone within the area of review; and
2) Determine whether wells are adequately
completed or plugged.
b)
The owner or operator of a Class I hazardous waste injection well must identify
the location of all wells within the area of review that penetrate the
injection zone or the confining zone and must submit both of the following, as
required in Section
730.170(a):
1) A tabulation of all wells within the area
of review that penetrate the injection zone or the confining zone;
and
2) A description of each well
or type of well and any records of its plugging or completion.
c) For wells that the Agency
determines are improperly plugged, completed, or abandoned, or for which
plugging or completion information is unavailable, the applicant must also
submit a plan consisting of such steps or modification as are necessary to
prevent movement of fluids into or between USDWs. Where the plan is adequate,
the Agency must incorporate it into the permit as a condition. Where the
Agency's review of an application indicates the permittee's plan is inadequate
(based at a minimum on the factors in subsection (e)), the Agency must do the
appropriate of the following:
1) It must
require the applicant to revise the plan;
2) It must prescribe a plan for corrective
action as a condition of the permit; or
3) It must deny the application.
d) Requirements
1) Existing Injection Wells. Any permit
issued for an existing Class I hazardous waste injection well requiring
corrective action other than pressure limitations must include a compliance
schedule pursuant to 35 Ill. Adm. Code
702.162
requiring any corrective action accepted or prescribed pursuant to subsection
(c). Any such compliance schedule must provide for compliance no later than two
years following issuance of the permit and must require observance of
appropriate pressure limitations pursuant to subsection (d)(3) until all other
corrective action measures have been implemented.
2) New Injection Wells. No owner or operator
of a new Class I hazardous waste injection well may begin injection until all
corrective actions required pursuant to this Section have been taken.
3) The Agency may require pressure
limitations instead of plugging. If pressure limitations are used instead of
plugging, the Agency must require as a permit condition that injection pressure
be limited so that pressure in the injection zone at the site of any improperly
completed or abandoned well within the area of review would not be sufficient
to drive fluids into or between USDWs. This pressure limitation must satisfy
the corrective action requirements. Alternatively, such injection pressure
limitation may be made part of a compliance schedule pursuant to 35 Ill. Adm.
Code
702.162
and may be required to be maintained until all other required corrective
actions have been implemented.
e) The Agency must consider the following
criteria and factors in determining the adequacy of corrective action proposed
by the applicant pursuant to subsection (c) and in determining the additional
steps needed to prevent fluid movement into and between USDWs:
1) The nature and volume of injected
fluid;
2) The nature of native
fluids or byproducts of injection;
3) Geology;
4) Hydrology;
5) The history of the injection
operation;
6) Any completion and
plugging records;
7) The closure
procedures in effect at the time the well was closed;
8) Any hydraulic connections with
USDWs;
9) The reliability of the
procedures used to identify abandoned wells; and
10) Any other factors that might affect the
movement of fluids into or between USDWs.
Notes
Amended at 31 Ill. Reg. 1281, effective December 20, 2006
BOARD NOTE: Derived from 40 CFR 146.64 (2017).
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