62-528.300. Underground Injection Control: General Provisions

(1) Classification of Injection Wells. Injection wells are classified as follows:

(a) Class I.

1. Wells used by generators of hazardous wastes or owners or operators of hazardous waste management facilities to inject hazardous waste beneath the lowermost formation containing, within one quarter mile of the well bore, an underground source of drinking water.

2. Other industrial and municipal (publicly or privately owned) disposal wells which inject fluids beneath the lowermost formation containing, within one quarter mile of the well bore, an underground source of drinking water.

3. Radioactive waste disposal wells that inject fluids below the lowermost formation containing an underground source of drinking water within one-quarter mile of the well bore.

(b) Class II. Wells which inject fluids:

1. Which are brought to the surface in connection with conventional oil or natural gas production and may be commingled with waste waters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection.

2. For enhanced recovery of oil or natural gas; and

3. For storage of hydrocarbons which are liquid at standard temperature and pressure.

(c) Class III. Wells which inject for extraction of minerals, including:

1. Mining of sulfur by the Frasch process;

2. Solution mining of minerals: (Note – Solution mining of minerals includes sodium chloride, potash, phosphate, copper, uranium and any other mineral which can be mined by this process).

(d) Class IV. Wells used by generators of hazardous wastes or of radioactive wastes, by owners or operators of hazardous waste management facilities, or by owners or operators of radioactive waste disposal sites to dispose of hazardous wastes or radioactive wastes:

1. Into or above a formation which, within one quarter mile of the well, contains either an underground source of drinking water, or an exempted aquifer, or

2. Which cannot be classified as a Class I well under paragraph 62-528.300(1)(a), F.A.C., or as a Class IV well under subparagraph 1. above.

(e) Class V. Only injection wells not included in Class I, II, III, or IV are Class V wells, which are grouped together for the purpose of permitting:

1. Group 1 – Thermal Exchange Process Wells.

a. Air conditioning return flow wells used to return to any aquifer the water used for heating or cooling. An air conditioning supply well, heat pump, and return flow well used to inject water into the same permeable zone from which it was withdrawn constitute a closed-loop system;

b. Cooling water return flow wells used to inject water previously used for cooling;

2. Group 2 – Aquifer Recharge Wells.

a. Recharge wells used to replenish, augment, or store water in an aquifer;

b. Salt water intrusion barrier wells used to inject water into a fresh water aquifer to prevent the intrusion of salt water into the fresh water;

c. Subsidence control wells (not used for the purpose of oil or natural gas production) used to inject fluids into a zone which does not produce oil or gas to reduce or eliminate subsidence associated with the overdraft of fresh water;

d. Connector wells used to connect two aquifers to allow interchange of water between those aquifers;

3. Group 3 – Domestic Wastewater Wells.

a. Wells which are part of domestic wastewater treatment systems excluding wells which are defined as Class I wells under subparagraph 62-528.300(1)(a)2., F.A.C., used to discharge effluent or reclaimed water from domestic wastewater treatment facilities;

b. Septic system wells used to inject the waste from a multiple dwelling, business establishment, community, or regional business establishment septic tank. This chapter does not apply to individual or single family domestic waste residential septic systems nor to non-residential septic systems receiving only domestic wastewater which have the capacity to serve fewer than twenty persons per day, and which are regulated under Chapter 64E-6, F.A.C. Septic system wells receiving nondomestic wastewater shall be considered as Group 4 wells;

4. Group 4 – Nondomestic Wastewater Wells.

a. Dry wells used for the injection of wastes into a subsurface formation;

b. Injection wells associated with an aquifer remediation project;

c. Wells other than Class I or Class IV used to inject radioactive waste, provided the concentrations of the waste do not exceed drinking water standards contained in Chapter 62-550, F.A.C.;

d. Desalination process concentrate wells;

5. Group 5 – Mining or Mineral Extraction Wells.

a. Wells used to inject spent brine into the same formation from which it was withdrawn after extraction of halogens or their salts;

b. Sand backfill wells used to inject a mixture of water and sand, tailings or other solids into mined out portions of subsurface mines;

c. Injection wells used for in situ recovery of phosphate, uraniferous sandstone, clay, sand, and other minerals extracted by the borehole slurry mining method;

6. Group 6 – Stormwater Wells. Wells used to drain surface fluid, primarily storm run-off or for lake level control, into a subsurface formation;

7. Group 7 – Aquifer Storage and Recovery System Wells. Wells associated with an aquifer storage and recovery facility where surface water or ground water is injected and stored for later recovery for potable or nonpotable use. Wells used to store and recover effluent or reclaimed water from a domestic wastewater treatment plant shall be permitted as Group 3 wells.

8. Group 8 – Class V Wells Regulated Under Additional Federal Requirements.

a. Large capacity cesspools including multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes, containing human excreta, which have an open bottom and sometimes perforated sides. The UIC requirements do not apply to single family residential cesspools nor to non-residential cesspools that receive solely sanitary waste and have the capacity to serve fewer than 20 persons a day;

b. Motor vehicle waste disposal wells that receive or have received fluids from vehicular repair or maintenance activities, such as an auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shop (e.g., transmission and muffler repair shop), or any facility that does any vehicular repair work. Fluids disposed in these wells may contain organic and inorganic chemicals in concentrations that exceed the maximum contaminant levels (MCLs) established by the primary drinking water regulations (see 40 CFR part 142). These fluids also may include waste petroleum products and may contain contaminants, such as heavy metals and volatile organic compounds, which pose risks to human health;

9. Group 9 – Other Class V Wells.

a. Exploratory wells;

b. Injection wells associated with the recovery of geothermal energy for heating, aquaculture and production of electric power;

c. Swimming pool drainage wells;

d. Injection wells used in experimental technologies; and

e. Other wells.

(2) Identification of Underground Sources of Drinking Water. The Department will identify by narrative description, illustrations, maps, and other means and shall protect, except where exempted under subsection 62-528.300(3), F.A.C., as an underground source of drinking water, all aquifers or parts of aquifers which meet the definition of an “underground source of drinking water” in subsection 62-528.200(66), F.A.C. Even if an aquifer has not been specifically identified by the Department, it is an underground source of drinking water if it meets the definition in subsection 62-528.200(66), F.A.C., and the criteria in subsection 62-520.410(1), F.A.C.

(3) Identification of and Criteria for Exempted Aquifers.

(a) After notice and opportunity for a public hearing as provided by Rules 62-528.315 through 62-528.330, F.A.C., the Department shall identify (by narrative description, illustrations, maps, or other means) and describe in geographic or geometric terms (such as vertical and lateral limits and gradient) which are clear and definite, all aquifers or parts thereof which the Department proposes to designate as exempted aquifers using the criteria in paragraph (c) below. No such designation shall be final until approved by the United States Environmental Protection Agency as part of the State program.

(b) Subsequent to program approval, the Department may, after notice and opportunity for a public hearing, identify additional exempted aquifers. Exemption of aquifers identified under subparagraph (c)2. below are considered major aquifer exemptions and shall be treated as a program revision subject to the provisions of 40 C.F.R. pt. 145.32 (1994) and requiring public notice in the Federal Register. Exemption of aquifers identified under subparagraph (c)3. below are considered minor aquifer exemptions and shall become final if the Department submits the exemption in writing to the Environmental Protection Agency Administrator, or an authorized delegatee, and the Administrator, or an authorized delegatee, has not disapproved the designation within 45 days. Any disapproval by the Administrator shall state the reasons and shall constitute final Environmental Protection Agency action for purposes of judicial review.

(c) To be an exempted aquifer, an aquifer or a portion thereof which meets the criteria for an “underground source of drinking water” in paragraph 62-528.200(66)(a), F.A.C., shall meet the following criteria:

1. It does not currently serve as a source of drinking water; and

2. It cannot now and will not in the future serve as a source of drinking water because:

a. It is mineral, hydrocarbon, or geothermal energy producing, or can be demonstrated by a permit applicant for a Class III operation to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible;

b. It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical;

c. It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or

d. It is located over a Class III well mining area subject to subsidence or catastrophic collapse, or

3. The total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/L and it is not reasonably expected to be or become a supply of drinking water; and

4. Has satisfied the following requirements in accordance with paragraph (b) above:

a. A major aquifer exemption has been approved by the Environmental Protection Agency; or

b. A minor aquifer exemption has not been disapproved by the Environmental Protection Agency.

(d) For Class III wells, the Department shall require an applicant for a permit which necessitates an aquifer exemption under sub-subparagraph (c)2.a. above to furnish the data necessary to demonstrate that the aquifer is expected to be mineral or hydrocarbon producing. Information contained in the mining plan for the proposed project, such as a map and general description of the mining zone, general information on the mineralogy and geochemistry of the mining zone, analysis of the amenability of the mining zone to the proposed mining method, and a timetable of planned development of the mining zone shall be considered by the Department in addition to the information required by subsection 62-528.450(2), F.A.C. Approval of the aquifer exemption shall be treated as a program revision.

(e) No aquifer exemption request shall be processed until the Department has received the appropriate fee as specified in subparagraph 62-4.050(4)(o)5. or 6., F.A.C.

(4) Area of Review.

(a) An area of review, which shall apply to each Class I and Class III well, well field, project or area of the State, and for a Class V injection well when required, shall be determined by the applicant in a manner that shall take into account the zone of endangering influence, which is the lateral area in which the buoyant forces or increased pressures in the injection zone may cause the migration of the injected or formation fluid into an underground source of drinking water. The area of review is the land surface overlying the zone of endangering influence.

(b) In determining the area of review, the information to be used shall include chemical, physical, and biological characteristics of the injection fluids and formation fluids; hydrogeology; appropriate mathematical models, if available, for computing pressure and concentration changes in the injection zone as a function of distance and time; population; ground water use and dependence; and historical practices in the area. A radius around the injection well of one mile, or two miles for a hazardous waste well, shall be a minimum. In the case of an application for a well field project, a fixed width of not less than one mile for the circumscribing area shall be a minimum.

(5) Corrective Action.

(a) Coverage. Applicants for Class I or Class III injection well permits shall identify, and for any Class V well permit when required by the Department shall identify, the location of all known wells within the area of review for that injection well which penetrate the injection zone or confining zone. For such wells which are in use or improperly sealed, completed, or abandoned, the applicant shall also submit a plan specifying plugging and abandonment, pressure limitations, or such actions or modifications as are necessary to prevent movement of fluid into underground sources of drinking water (“corrective action”). Where the plan is adequate, the Department shall incorporate it into the permit as a condition. Where the Department’s review of an application indicates that the applicant’s plan is inadequate (based on the factors in paragraph (b) below) the Department shall require the applicant to revise the plan, prescribe a plan for corrective action as a condition of the permit under paragraph (b) below, or deny the application. In no case shall the Department issue a permit without incorporating a plan for corrective action in such permit when such corrective action is required by this subsection.

(b) Criteria and Factors. In determining the adequacy of corrective action proposed by the application under paragraph (a) of this subsection and in determining the additional steps needed to prevent fluid movement into underground sources of drinking water, the following criteria and factors shall be considered by the Department:

1. Nature, volume, and injection rate of the injected fluid;

2. Nature of native fluids, or by-products of injection;

3. Potentially affected population;

4. Geology;

5. Hydrology;

6. History of the injection operation;

7. Completion and plugging records for all wells;

8. Abandonment procedures in effect at the time the well was abandoned;

9. Hydraulic connections with underground sources of drinking water;

10. Life of injection well; and

11. Pressure considerations.

(c) Requirements.

1. Existing Injection Wells. Any permit issued for an existing injection well requiring corrective action shall include a compliance schedule requiring any corrective action accepted or prescribed under paragraph (a) of this subsection. In addition, schedules of compliance shall require compliance as soon as possible, but not later than three years after the effective date of the permit.

2. New Injection Wells. No owner or operator of a new injection well shall begin injection until all required corrective action has been completed. The Department shall not authorize construction of a new injection well prior to the completion of all required action unless the applicant can affirmatively demonstrate that such construction will not pose a threat to the quality of the waters of the State. However, operational testing pursuant to subsection 62-528.450(3), F.A.C., shall not be authorized until all corrective action has been completed.

3. If needed to prevent fluid movement into an underground source of drinking water, the Department shall require as a permit condition that injection pressure be so limited that pressure in the injection zone at the site of any improperly completed or abandoned well in the area of review does not exceed a pressure which could cause fluid movement into an underground source of drinking water. This pressure limitation shall satisfy the corrective action requirement. Alternatively, such injection pressure limitation can be part of a compliance schedule and last until all other corrective action has been taken. The Department shall consider alternative methods of control which prevent fluid movement into underground sources of drinking water through wells which are improperly sealed, completed or abandoned within the area of review.

4. Class III Wells Only. When setting corrective action requirements, the Department shall consider the overall effect of the project on the hydraulic gradient in potentially affected underground sources of drinking water, and the corresponding changes in potentiometric surface(s) and flow direction(s) rather than the discrete effect of each well. If a decision is made that corrective action is not necessarily based on the determinations above, the monitoring program required in subsection 62-528.425(2), F.A.C., shall be designed to verify the validity of such determinations.

(6) Mechanical Integrity.

(a) An injection well has mechanical integrity if:

1. There is no leak in the casing, tubing or packer; and

2. There is no fluid movement into an underground source of drinking water through channels adjacent to the injection well bore.

(b) One of the following tests shall be used to evaluate the absence of leaks under subparagraph (a)1. of this subsection.

1. Monitoring of the tubing-casing annulus pressure with sufficient frequency to be representative, as determined by the Department, while maintaining an annulus pressure different from atmospheric pressure measured at the surface, after an initial pressure test pursuant to subparagraph 2. and paragraph (e) of this subsection; or

2. Pressure test of inner casing or tubing.

(c) The following methods shall be used to determine the absence of fluid movement under subparagraph (a)2. A temperature or noise log, and a radioactive tracer survey. The radioactive tracer survey shall not be required by the Department if such testing may pose a threat to an underground source of drinking water.

(d) The Department shall allow the use of a test to demonstrate mechanical integrity, other than those listed in paragraphs (b) and (c) above, with the written approval of the United States Environmental Protection Agency. (The permittee proposes the alternative to the Department, and the Department seeks the approval from EPA.) If the Environmental Protection Agency has published in the Federal Register an alternative mechanical integrity test method, only written Department approval shall be required before conducting alternative mechanical integrity tests to those specified in paragraphs (b) and (c) above. The Department approval process is described in subsection 62-528.100(2), F.A.C.

(e) A pressure test required under paragraph (b) above shall be conducted with a liquid at a minimum pressure of 1.5 times the maximum pressure at which the well is to be permitted, or 50 PSI, whichever is higher, for at least one hour. Internal mechanical integrity under subparagraph (a)1. above is demonstrated if there is no more than a five-percent pressure change over the one-hour test period. The pressure used to test wells constructed using tubing and packer shall not exceed the design specifications of the tubing or packer.

(f) In conducting and evaluating the tests enumerated in this rule or others to be allowed by the Department, the permittee and the Department shall apply methods and standards generally accepted in the industry. When the permittee reports the results of mechanical integrity tests to the Department, a description of the test(s), method(s) used, and interpretation of the results shall be included. In making the evaluation, the Department shall review monitoring and other test data submitted since the previous evaluation.

(g) The Department shall require additional or alternative mechanical integrity tests in accordance with 40 C.F.R. § 146.8(f) (1996).

(h) A permit for any Class I or III well or injection project which lacks mechanical integrity shall include, and for any Class V well may include, a condition prohibiting injection operations until the permittee affirmatively demonstrates under paragraphs 62-528.300(6)(a)-(c), F.A.C., that the well has mechanical integrity, or the permittee affirmatively demonstrates that there is no movement of fluid into or between underground sources of drinking water.

(7) Confidential Information. In addition to the provision in Section 403.111, F.S., claims of confidentiality for the following information shall be denied:

(a) The name and address of any permit applicant or permittee, and

(b) Information which deals with the existence, absence, or level of contamination in drinking water.

(8) Quality Assurance/Quality Control.

(a) All water quality sampling and analyses associated with Class I, Class III, and Class IV injection wells shall be in accordance with a current Department approved quality assurance plan under Rule 62-160.210 and paragraphs 62-160.300(7)(g) through (k), F.A.C.

(b) All Class V injection wells requiring water quality analyses to be performed shall be in accordance with a current Department approved comprehensive quality assurance plan under Rule 62-160.210 and subsection 62-160.300(6), F.A.C.

(9) Reuse Requirements.

(a) This subsection applies only to those Class I municipal wells located within, serving a population within, or associated with a domestic wastewater treatment facility located within a water resource caution area as described in Chapter 62-40, F.A.C.

(b) If, after conducting a reuse feasibility study under Section 403.064(2), F.S., a permit applicant determines that the reuse of reclaimed water is feasible, the permittee shall implement reuse according to the schedule for implementation contained in the study conducted under Section 403.064, F.S., to the degree that reuse is determined to be feasible.

(c) Nothing in this paragraph shall limit the use of a Class I municipal injection well as backup for a reclaimed water reuse system.

Specific Authority 373.309, 403.061, 403.087, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.064, 403.087, 403.088, 403.161, 403.702, 403.721 FS. History–New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.13, Amended 8-30-88, Formerly 17-28.130, 62-28.130, Amended 8-10-95, 6-24-97, 11-20-02.