Section 704.102  Scope of the Permit or Rule Requirement

Although six classes of wells are set forth in Section 704.106, the UIC (Underground Injection Control) permit program described in 35 Ill. Adm. Code 702, 704, 705, and 730 regulates underground injection for only five classes of wells (see definition of "well injection", 35 Ill. Adm. Code 702.110).  Class II wells (Section 704.106(b)) are not subject to the requirements found in 35 Ill. Adm. Code 702, 704, 705, and 730. The UIC permit program for Class II wells is regulated by the Illinois Department of Natural Resources, Office of Mines and Minerals, Oil and Gas Division, pursuant to the Illinois Oil and Gas Act [225 ILCS 725] (see 62 Ill. Adm. Code 240).  The owner or operator of a Class I, Class III, Class IV, or Class V injection well must be authorized either by permit or by rule.  In carrying out the mandate of the SDWA, this Part provides that no injection may be authorized by permit or by rule if it results in movement of fluid containing any contaminant into underground sources of drinking water (USDWs) (Section 704.122), if the presence of that contaminant may cause a violation of any primary drinking water regulation under 35 Ill. Adm. Code 611, or if the presence of that contaminant may adversely affect the health of persons  (Section 704.122). Section 704.124 prohibits the construction, operation, or maintenance of a Class IV injection well.  A Class V injection well is regulated under Subpart I.  If remedial action appears necessary for a Class V injection well, an individual permit may be required (Subpart C) or the Agency must require remedial action or closure by order (see Section 704.122(c)).

BOARD NOTE:  Derived from 40 CFR 144.1(g) preamble (2017).

(Source:  Amended at 42 Ill. Reg. 21095, effective November 19, 2018)