62-528.440. General Permitting Requirements for Class I and III Wells

(1) Permitting Authority.

The Florida Department of Environmental Protection is the administering agency for the underground injection control rule and requires permits for all Class I and III wells. However, this does not absolve the permittee from obtaining permits, where necessary, from other state agencies, water management districts, or local programs nor relieve the permittee of the responsibility for obtaining such permits.

(2) General Prohibitions.

(a) Any underground injection through a Class I or III well is prohibited, except as authorized by permit under this chapter.

(b) Permits for any construction, modification (including hydrogeological modifications to the monitoring system), operation (except for testing purposes as authorized by the construction permit), or abandonment of Class I and III wells shall be obtained before such activities are commenced.

(c) Except as provided 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, no underground injection activity shall be authorized where a Class I or III well causes or allows movement of fluid into underground sources of drinking water, if such fluid movement may cause a violation of any primary drinking water standard under 40 C.F.R. pt. 141 (1994), or may otherwise adversely affect the health of persons. The applicant for a permit shall have the burden of showing that the requirements of this paragraph are met.

(d) Except as provided 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, for Class I and III wells, if any water quality monitoring of an underground source of drinking water indicates the movement of injection or formation fluids into underground sources of drinking water, the Department shall prescribe such additional requirements for construction, corrective action (including closure of the injection well), operation, monitoring, or reporting as are necessary to prevent such movement. These additional requirements shall be imposed by modifying the permit, or the permit shall be terminated if cause exists, or appropriate enforcement action shall be taken if the permit has been violated.

(3) Duration for operation permits shall be specified by the Department but shall not exceed five years from the date of issuance. Construction permits shall be issued for a period of time as necessary to construct and test the well, but not to exceed five years from the date of issuance.

(4) Application for Permit.

(a) The applicant shall submit application for permits on form 62-528.900(1) and shall include:

1. The application form properly completed and signed pursuant to Rule 62-528.340, F.A.C.;

2. Information as required in Rules 62-528.450 through 62-528.460, F.A.C.;

3. Such additional information requested by the Department as described in subsection 62-528.100(2), F.A.C., necessary to provide reasonable assurance that the UIC project will operate in compliance with this chapter;

4. The appropriate fee as specified in subsection 62-4.050(4), F.A.C.

(b) One original and one copy of the application package shall be submitted to the Department. An additional copy shall be provided directly to each member of the Technical Advisory Committee as described in subsection 62-528.100(2), F.A.C., or in the permit.

(c) Any person who performs or proposes an underground injection for which a permit is required shall submit an application to the Department as follows:

1. For existing Class I or III wells, the submittal in accordance with the requirements of Rule 62-4.090, F.A.C.

2. For new Class I or III wells, not less than 90 days before construction is expected to begin.

(d) For Class III well fields or projects, the owner may apply for a single permit for the well field, provided all wells covered by the permit are within the same well field, are of similar construction, and are of the same class. However, a separate fee shall be assessed for each injection well.

(5) Certification by a Professional Engineer and Professional Geologist.

(a) All applications for construction permits shall be certified by a professional engineer and professional geologist, or an appropriately qualified professional engineer as defined in Chapters 471 and 492, F.S., registered in the State of Florida, except as provided in subsection 62-4.050(3), F.A.C.

(b) The application, plans, and specifications, certification of construction completion reports, operation and maintenance manual, and other related documents shall be certified by a professional engineer or professional geologist, as appropriate, registered in the State of Florida and retained by the applicant for that purpose.

(6) Area of Review.

(a) For Class I wells, the area of review study for a site shall be completed before the test injection well construction permits are issued.

(b) The minimum area of review for a Class III proposed mining site shall initially include the entire proposed mining area plus a surrounding perimeter zone of one mile on all sides. The initial area of review study shall be completed prior to construction; however, individual permit conditions will establish the interval, based on either the rate of geographical expansion of mining activity or a fixed period of time, at which the area of review study shall be updated.

Specific Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.0877, 403.088, 403.161, 403.702, 403.721 FS. History–New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.31, 17-28.310, 62-28.310, Amended 8-10-95, 6-24-97, 12-27-05.