N.J. Admin. Code § 7:14A-8.5 - Authorization of injection into Class V wells by permit-by-rule

(a) Any owner or operator of a Class V underground injection well who has submitted the inventory information, pursuant to (c) below, prior to May 5, 1997 shall be deemed to have a permit-by-rule.

(b) An owner or operator of any of the Class V injection wells described in (b)1 through 11 below is deemed to have a permit-by-rule under this subsection if the owner or operator complies with the applicable requirements specified in this subsection.

1. Subsurface sewage disposal systems, other than those excluded under 7:14A-8.1(b)2, that are designed, constructed, installed and operated in compliance with the Realty Improvement Sewerage and Facilities Act, 58:11-23 et seq., and the Department's Standards for Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9A, where applicable;

2. Injection wells used as a component of closed loop heat pump systems constructed according to any well permit condition(s)/standards adopted pursuant to 58:4A-4.1 et seq. All closed loop systems shall contain only fluids that are allowable under conditions of such well permit, and are leak proof such that the only discharge is heat content;

3. Injection wells used as components of an open loop heat pump system constructed in accordance with all applicable well construction requirements of N.J.A.C. 7:9D. Any such injection well shall discharge water into the same aquifer from which the water was drawn and with a quality that is the same as the ambient ground water, except for heat content;

4. Air conditioning or non-contact cooling water return flow injection wells that:

i. Are constructed in accordance with all applicable well construction requirements of N.J.A.C. 7:9D, or all applicable seepage pit construction requirements of 7:14A-8.18; and

ii. Discharge water into the same aquifer from which the water was drawn and with a quality that is the same as the ambient ground water, except for heat content;

5. Underground injection of swimming pool filter backwash water and water softener backwash water into seepage pits, when the activity is conducted in accordance with 7:14A-8.18;

6. Underground injection wells associated with the feasibility or engineering design studies necessary to obtain or comply with a water supply allocation permit pursuant to N.J.A.C. 7:19 or NJPDES permit pursuant to this chapter;

7. Underground injection of stormwater runoff from the roofs of buildings, so long as the roofs are devoid of pollutant sources and devices (for example, motors, tanks, drums) that contain pollutants;

8. Underground injection of stormwater discharges from municipal separate storm sewers that are not identified under 7:14A-25.2(a) or (b);

9. Underground injection of stormwater discharges from residential areas (including residential streets, parking lots, easements, and open space), or from commercial areas other than areas of high pollutant loading as described under 7:14A-7.4(b)5 ii, unless 7:14A-25.2(a) or (b) requires the operating entity to apply for a NJPDES permit for the discharge;

10. Underground injection of stormwater discharges from animal feeding operations that do not require a NJPDES permit under 7:14A-2.13; and

11. Underground injection wells used during the remediation of a contaminated site where the person conducting the remediation meets the conditions set forth at 7:14A-7.5(b).

(c) Except for wells described in (b)11 above, the owner or operator of a Class V injection well shall submit inventory information to the Department at the address indicated in (i) below within 90 days of installation of the Class V injection well. The inventory information shall consist, at a minimum, of the following information:

1. The well drilling permit number, where applicable;

2. The facility name and location;

3. The name and address of the legal contact;

4. The ownership of the facility;

5. The nature and type of injection well(s);

6. The operating status of injection well(s); and

7. The type, quantity and quality of discharge.

(d) Except for wells described in (b)11 above, the Department will notify pursuant to (e) below any owner or operator of any Class V injection well authorized by rule pursuant to this section to apply for and obtain a UIC permit pursuant to N.J.A.C. 7:14A-8.8, if:

1. The injection well is no longer a Class V well;

2. The protection of underground sources of drinking water (USDW) requires that the injection shall be subject to requirements such as corrective action, monitoring and reporting, or operation not required by the permit-by-rule;

3. The injection well is likely to adversely affect the existing or potential use of the aquifer; or

4. The discharge is presumed to contravene the Ground Water Quality Standards in N.J.A.C. 7:9C.

(e) The Department shall notify in writing the owner or operator of a Class V injection well required pursuant to (d) above to apply for and obtain a UIC permit pursuant to 7:14A-8.8. The notice shall include a brief statement of the reasons for the decision, instructions on how to apply for the UIC permit, a statement setting a time by which the owner or operator must apply for the permit, and a statement that upon the effective date of the UIC permit authorization the permit-by-rule under which the activity had been approved shall no longer apply.

(f) Any owner or operator of a Class V injection well approved under a permit-by-rule pursuant to this section may request to be excluded from the authorization by applying for a UIC permit pursuant to 7:14A-8.8. The owner or operator shall provide reasons supporting the request to the Department. The Department shall not issue a permit for an injection well which is in violation of any other applicable statutes or regulations.

(g) Any approval for a Class V injection well under a permit-by-rule pursuant to this section shall expire upon the effective date of a UIC permit authorization issued pursuant to 7:14A-8.8 for such injection well.

(h) The owner or operator of a Class V injection well approved under a permit-by-rule pursuant to this section is prohibited from injecting into the well:

1. Upon the effective date of denial of an application;

2. Upon failure to submit inventory or other information in a timely manner pursuant to this section;

3. Upon failure to comply with the provisions of an enforcement action; and

4. Upon notification by the Department to cease injection.

(i) Inventory information required pursuant to (c) above shall be submitted to:

Department of Environmental Protection

Underground Injection Control Coordinator

PO Box 029

Trenton, New Jersey 08625-0029

Notes

N.J. Admin. Code § 7:14A-8.5

Amended by 50 N.J.R. 1715(b), effective 8/6/2018