Section 704.181  Additional Conditions

The following conditions apply to all UIC permits, in addition to those set forth in 35 Ill. Adm. Code 702.140 through 702.152, and these conditions must be incorporated into all permits either expressly or by reference.  If incorporated by reference, a specific citation to these regulations must be given in the permit.

a)         In addition to 35 Ill. Adm. Code 702.141 (duty to comply):  the permittee needs not comply with the provisions of this permit to the extent and for the duration such noncompliance is authorized in a temporary emergency permit under Section 704.163.

BOARD NOTE:  Subsection (a) is derived from 40 CFR 144.51(a) (2017).

b)         In addition to 35 Ill. Adm. Code 702.150(b) (monitoring and records):  the permittee must retain records concerning the nature and composition of all injected fluids until three years after the completion of any plugging and abandonment procedures specified under Section 704.188 or under Subpart G of 35 Ill. Adm. Code 730, as appropriate.  The owner or operator must continue to retain the records after the three-year retention period, unless the owner or operator delivers the records to the Agency or obtains written approval from the Agency to discard the records.

BOARD NOTE:  Subsection (b) is derived from 40 CFR 144.51(j)(2)(ii) (2017).

c)         In addition to 35 Ill. Adm. Code 702.152(a) (notice of planned changes), the following limitation applies:  except for all new wells authorized by an area permit under Section 704.162(c), a new injection well may not commence injection until construction is complete, and both of the following must occur:

1)         The permittee must have submitted notice of completion of construction to the Agency; and

2)         Inspection review must have occurred, as follows:

A)        The Agency has inspected or otherwise reviewed the new injection well and finds it is in compliance with the conditions of the permit; or

B)        The permittee has not received notice from the Agency of its intent to inspect or otherwise review the new injection well within 13 days of the date of the notice in subsection (c)(1), in which case prior inspection or review is waived, and the permittee may commence injection.  The Agency must include in its notice a reasonable time period in which it will inspect the well.

BOARD NOTE:  Subsection (c) is derived from 40 CFR 144.51(m) (2017).

d)         Reporting Noncompliance

1)         Twenty-four hour reporting.  The permittee must report any noncompliance that may endanger health or the environment, including the following:

A)        Any monitoring or other information that indicates that any contaminant may cause an endangerment to a USDW; and

B)        Any noncompliance with a permit condition or malfunction of the injection system that may cause fluid migration into or between USDWs.

2)         Any information must be provided orally within 24 hours from the time the permittee becomes aware of the circumstances.  A written submission must also be provided within five days after the time the permittee becomes aware of the circumstances.  The written submission must contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates, times, and, if the noncompliance has not been corrected, the anticipated time is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance of the noncompliance.

BOARD NOTE:  Subsection (d) is derived from 40 CFR 144.51(l)(6) (2017).

e)         The permittee must notify the Agency at such times as the permit requires before conversion or abandonment of the well or, in the case of area permits, before closure of the project.

BOARD NOTE:  Subsection (e) is derived from 40 CFR 144.51(n) (2017).

f)         A Class I or Class III injection well permit must include, and a Class V permit may include, conditions that meet the applicable requirements of 35 Ill. Adm. Code 730.110 to ensure that plugging and abandonment of the well will not allow the movement of fluids into or between USDWs.  Where the plan meets the requirements of 35 Ill. Adm. Code 730.110, the Agency must incorporate the plan into the permit as a permit condition.  Where the Agency's review of an application indicates that the permittee's plan is inadequate, the Agency may require the applicant to revise the plan, prescribe conditions meeting the requirements of this subsection (f), or deny the permit.  A Class VI injection well permit must include conditions that meet the requirements set forth in 35 Ill. Adm. Code 730.192.  Where the plan meets the requirements of 35 Ill. Adm. Code 730.192, the Agency must incorporate the plan into the permit as a permit condition.  For purposes of this subsection (f), temporary or intermittent cessation of injection operations is not abandonment.

BOARD NOTE:  Subsection (f) is derived from 40 CFR 144.51(o) (2017).

g)         Plugging and Abandonment Report.  Within 60 days after plugging a well or at the time of the next quarterly report (whichever is less) the owner or operator must submit a report to the Agency.  If the quarterly report is due less than 15 days before completion of plugging, then the report must be submitted within 60 days.  The report must be certified as accurate by the person who performed the plugging operation.  Such report must consist of either of the following:

1)         A statement that the well was plugged in accordance with the plan previously submitted to the Agency;

2)         Where actual plugging differed from the plan previously submitted, an updated version of the plan on the form supplied by the Agency specifying the differences.

BOARD NOTE:  Subsection (g) is derived from 40 CFR 144.51(p) (2017).

h)         Duty to Establish and Maintain Mechanical Integrity

1)         The owner or operator of a Class I Class III, or Class VI injection well permitted under this Part and 35 Ill. Adm. Code 702 must establish mechanical integrity prior to commencing injection or on a schedule determined by the Agency.  Thereafter the owner or operator of a Class I, Class II, or Class III injection well must maintain mechanical integrity as required by 35 Ill. Adm. Code 730.108, and the owner or operator of a Class VI injection well must maintain mechanical integrity as required by Section 730.189.  The Agency may require by permit condition that the owner or operator comply with a schedule describing when mechanical integrity demonstrations must be made.

2)         When the Agency determines that a Class I or Class III injection well lacks mechanical integrity pursuant to 35 Ill. Adm. Code 730.108 or 730.189 (for a Class VI injection well), the Agency must give written notice of its determination to the owner or operator.  Unless the Agency requires immediate cessation, the owner or operator must cease injection into the well within 48 hours of receipt of the Agency determination. The Agency may allow plugging of the well pursuant to 35 Ill. Adm. Code 730.110 or require the permittee to perform such additional construction, operation, monitoring, reporting, and corrective action as is necessary to prevent the movement of fluid into or between USDWs caused by the lack of mechanical integrity.  The owner or operator may resume injection upon written notification from the Agency that the owner or operator has demonstrated mechanical integrity pursuant to 35 Ill. Adm. Code 730.108.

3)         The Agency may allow the owner or operator of a well that lacks mechanical integrity pursuant to 35 Ill. Adm. Code 730.108(a)(1) to continue or resume injection, if the owner or operator has made a satisfactory showing that there is no movement of fluid into or between USDWs.

BOARD NOTE:  Subsection (h) is derived from 40 CFR 144.51(q) (2017).

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