62-528.450. -Class I - Test/Injection Well Construction and Testing Permit, and Class III - Well Construction Permit

(1) General.

(a) The Department shall deny a construction permit if construction of the well itself may be a source of pollution as defined in Section 403.031, F.S.

(b) For a construction permit approval, reasonable assurance is required that the project will function in compliance with this chapter. The Department shall require an exploratory well for those projects located in an area where available information is lacking concerning geologic or hydraulic confinement or existing information indicates that geologic or hydraulic confinement may be poor or lacking.

(c) For a Class I well, issuance of a construction permit does not obligate the Department to authorize any operation of the well, unless reasonable assurance has been provided that the well can operate in compliance with this chapter.

(d) For a Class III well or well field, a single permit for construction, operation, plugging, and abandonment can be issued.

(2) Information Requirements. Information to be submitted with the construction permit application shall include the following:

(a) A map showing the location of the proposed injection wells or well field area for which a permit is sought and the applicable area of review. Within the area of review, the map shall show the number or name, and location of all producing wells, injection wells, abandoned wells, dry holes, surface bodies of water, springs, public water systems, mines (surface and subsurface), quarries, water wells and other pertinent surface features including residences and roads. The map shall also show faults, if known or suspected. Only information of public record and, in addition, pertinent information known to the applicant is required to be included on this map;

(b) A tabulation of data on all wells within the area of review which penetrate into the proposed injection zone, confining zone, or proposed monitoring zone. Such data shall include a description of each well’s type, construction, date drilled, location, depth, record of plugging or completion, and any additional information in the applicant’s possession about the potential for fluids to migrate into, or in the direction of, an underground source of drinking water;

(c) Maps and cross sections indicating the general vertical and lateral limits within the area of review of all underground sources of drinking water, their position relative to the injection formation and the direction of water movement, where known, in each underground source of drinking water which may be affected by the proposed injection;

(d) Maps and cross sections detailing the hydrology and geologic structures of the local area;

(e) Generalized maps and cross sections illustrating the regional geologic setting;

(f) Proposed operating date;

1. Average and maximum daily rate and volume of the fluid to be injected;

2. Average and maximum injection pressure; and

3. Source and an analysis of the chemical, physical, radiological and biological characteristics of injection fluids, including any additives for Class III wells. For Class I wells injecting domestic effluent, a demonstration that the effluent quality meets the standards specified in subparagraph 62-600.420(1)(d)1. and Rule 62-600.540, F.A.C.; or for new wells, the minimum treatment requirements set forth in 40 C.F.R. 146.15 and 146.16, as noticed in the Federal Register, Vol. 70, No. 224, November 22, 2005, pp. 70513 - 70532, hereby adopted and incorporated by reference. For all other Class I wells, a demonstration that the effluent quality meets the standards specified in paragraph 62-660.400(1)(o), F.A.C.

(g) Proposed formation testing program to obtain an analysis of the chemical, physical and radiological characteristics of and other information on the injection zone;

(h) Proposed stimulation program;

(i) Proposed injection procedure;

(j) Engineering drawings of the surface and subsurface construction details of the system, including design features for surge control and water hammer protection;

(k) Contingency plans to cope with all shut-ins or well failures, or, for Class III wells, catastrophic collapse, to prevent migration of fluids into an underground source of drinking water, including emergency discharge provisions;

(l) Plans (including maps) and proposed monitoring data to be reported for meeting the monitoring requirements in Rule 62-528.425, F.A.C.;

(m) For wells within the area of review which penetrate the injection zone but are not properly completed or plugged, the corrective action proposed to be taken under subsection 62-528.300(5), F.A.C.;

(n) Construction procedures including a cementing and casing program, logging procedures, deviation checks, and a drilling, testing and coring program;

(o) A certificate that the applicant has ensured, through a performance bond or other appropriate means as required by subsection 62-528.435(9), F.A.C., the resources necessary to close, plug or abandon the well;

(p) For Class III wells, expected changes in pressure, native fluid displacement, direction of movement of injection fluid;

(q) For Class III wells, a proposed monitoring plan, which includes a plan for detecting any migration of fluids into, or in the direction of, underground sources of drinking water and the proposed monitoring data to be submitted.

(r) The Department adopts by reference 40 C.F.R. pt. 144.31(g) revised as of December 3, 1993.

(3) Operational Testing.

(a) For Class I wells, the construction permit includes a period of temporary injection operation for the purposes of long term testing. Prior to commencement of operational testing:

1. Construction of the injection well shall be complete and the permittee shall submit a notice of completion of construction to the Department.

2. Each well shall first be tested for integrity of construction, and shall be followed by a short term injection test of such duration to allow for the prediction of the operating pressure.

3. The permittee shall submit the following information to each member of the Technical Advisory Committee described in subsection 62-528.100(2), F.A.C., or in the permit:

a. A copy of the borehole television survey(s),

b. Geophysical logs,

c. Mechanical integrity test data,

d. Data obtained during the short term injection testing conducted pursuant to paragraphs 62-528.405(3)(a) and 62-528.410(7)(e), F.A.C., and subparagraph 1. above,

e. Confining zone data.

f. Background water quality data for the injection and monitor zones,

g. Wastestream analysis,

h. As-built well construction specifications, and

i. Other data obtained during well construction which demonstrates that the well will operate in compliance with this chapter.

4. The emergency discharge method shall be fully operational and no emergency discharge shall occur until the permittee has obtained all necessary Department permits.

5. Any corrective action required under subparagraph 62-528.300(5)(c)2., F.A.C., shall be completed.

6. Prior to granting approval, as described in subsection 62-528.100(2), F.A.C., for operational testing of a Class I well, the Department shall consider the following information:

a. All available logging and testing program data on the well;

b. A demonstration of mechanical integrity pursuant to subsection 62-528.300(6), F.A.C;

c. The anticipated maximum pressure and flow rate at which the permittee will operate;

d. The results of the formation testing program;

e. The actual injection procedure;

f. The compatibility of injected waste with fluids in the injection zone and minerals in both the injection zone and the confining zone;

g. The status of corrective action on defective wells in the area of review; and

h. The information submitted to the Technical Advisory Committee under subparagraph 2. above.

(b) Written authorization for operational testing shall be obtained from the Department as described in subsection 62-528.100(2), F.A.C. Authorization shall be for up to two years or the expiration date of the construction permit, whichever is less, and is nonrenewable. The authorization shall specify the conditions under which operational testing is approved. The authorization shall include:

1. Injection pressure limitation,

2. Injection flow rate limitation,

3. Injection well monitoring requirements,

4. Effluent monitoring requirements,

5. Weekly ground water sampling of monitor wells,

6. Monthly specific injectivity testing,

7. Reporting requirements, and

8. An expiration date for the operational testing period not to exceed two years.

(c) Before authorizing operational testing, the Department shall conduct an inspection of the facility to determine if the conditions of the permit have been met.

(d) If requested by the permittee, the Department shall allow, as described in subsection 62-528.100(2), F.A.C., less frequent sampling than required under subparagraph (b)5. above after a minimum of six months of operational testing if the data indicate that the parameter values have stabilized. However, a sampling frequency of less than once per month shall not be allowed.

(e) For Class I and III wells, the duration of the operational testing period shall not exceed two years or the expiration date of the construction permit, whichever is less. If the Department has not issued an intent to issue an operation permit for the injection well(s) by the end of the operational testing period, the permittee shall cease injection.

(f) For a Class I well, if an operation permit has not been obtained for the well within two years after the cessation of operational testing, the permittee shall submit an application to the Department on form 62-528.900(1) to plug and abandon the well in accordance with Rule 62-528.435, F.A.C.

(g) For Class III, the construction permit includes a period of temporary operation for the purpose of testing. Each well shall first be tested for integrity of construction, prior to any injection testing.

(4) Under Section 403.091, F.S., the Department conducts periodic inspections during construction.

(5) The construction and testing permit for a Class I well shall require that the following items be submitted to the State Geologist at the Florida Geological Survey, 903 West Tennessee Street, Tallahassee, Florida 32304:

(a) Cuttings obtained during well construction;

(b) Any cores obtained during well construction when no longer needed by the well owner;

(c) Any geophysical logs run during well construction; and

(d) A copy of the Final Report described in paragraph 62-528.430(1)(e), F.A.C.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.088, 403.091, 403.161 FS. History–New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.33, 17-28.330, 62-28.330, Amended 8-10-95, 6-24-97, 12-27-05.