Section 704.284  Permit Requirements

No permit is required for a Class V injection well, unless the owner or operator falls within an exception described in subsection (b).

a)         General Authorization by Rule.  With certain exceptions listed in subsection (b), an owner's or operator's Class V injection activity is "authorized by rule", meaning that the owner and operator has to comply with all the requirements of this Subpart I and the rest of this Part and 35 Ill. Adm. Code 702 and 730, but the owner or operator does not need to get an individual permit.  Well authorization expires once the owner or operator has properly closed its well, as described in Section 704.282(b).

b)         Circumstances in Which Permits or Other Actions Are Required.  If an owner or operator fits into one of the categories listed below, its Class V injection well is no longer authorized by rule.  This means that the owner or operator has to either get a permit or close its injection well.  The owner or operator can find out whether its well falls into one of these categories by contacting the Agency.  Subparts D and H tell an owner or operator how to apply for a permit and describe other aspects of the permitting process.  Subpart C of 35 Ill. Adm. Code 702 and Subpart E outline some of the requirements that apply to the owner or operator if it gets a permit.  An owner or operator must either obtain a permit or close its injection well if any of the following is true:

1)         The owner or operator fails to comply with the prohibition against fluid movement in Section 704.122(a) and described in Section 704.282(a) (in which case, the owner or operator must get a permit, close its well, or comply with other conditions determined by the Agency);

2)         The Class V injection well is a large-capacity cesspool (in which case, the owner or operator must close its well as specified in the additional requirements set forth in Section 704.288) or the Class V injection well is a motor vehicle waste disposal well in a groundwater protection area or a sensitive groundwater area (in which case, the owner or operator must either close its well or get a permit, as specified in the additional requirements set forth in Section 704.288).  New motor vehicle waste disposal wells and new cesspools are prohibited;

BOARD NOTE:  A new motor vehicle waste disposal well or a new cesspool is one for which construction had not commenced prior to April 5, 2000.  See 40 CFR 144.84(a)(2).

3)         The owner or operator is specifically required by the Agency to get a permit (in which case, the authorization by rule expires on the effective date of the permit issued, or the owner or operator is prohibited from injecting into its well upon the occurrence of either of the following:

A)        The failure of the owner and operator to submit a permit application in a timely manner, as specified in a notice from the Agency; or

B)        The effective date of a permit denial; or

4)         The owner or operator has failed to submit inventory information to the Agency, as described in Section 704.283(a) (in which case, the owner and operator is prohibited from injecting into the well until it complies with the inventory requirements).

5)         Illinois is designated a "Primacy State" by USEPA. Corresponding 40 CFR 144.84(b)(5) relates exclusively to "Direct Implementation" states, so the Board has omitted it. This statement maintains structural consistency with the federal regulations.

BOARD NOTE:  Derived from 40 CFR 144.84 (2017).

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