The purpose of this
chapter is to establish a state underground injection control
(UIC) program in order to protect the quality of the state’s
underground sources of drinking water (USDW) from pollution by
subsurface disposal of fluids. Toward this end, conditions are
specified to govern the location, construction and operation of
injection wells so that injected fluids do not migrate and pollute
USDW This chapter establishes minimum standards and counties are
not precluded from establishing more stringent standards
[Eff 7/6/84; am and comp] (Auth: HRS 340E-2) (Imp: HRS 340E-2, 40
CFR §144.1)
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This chapter covers any injection well as
herein defined in this chapter. Excluded from this chapter
are:
- Individual wastewater systems (IWS) serving single family
residential households which generate a volume of domestic
sewage less than one thousand gallons per day (gpd);
- Non-residential waste disposal systems which receive solely
sanitary wastes from buildings that generate less than one
thousand gpd of wastewater;
- Test borings used for geotechnical and/or hydrologic
investigations, provided that those borings are plugged with
impermeable material upon completion of the investigation;
and
- Wells which are used for ground stabilization by the
injection of a grout or by vertical relief of excess soil pore
pressures. [Eff. 7/6/84; am and comp] (Auth: HRS §340E-2)
(Imp: HRS §340E-2, 40 CFR §§144.1(e), 146.1 and 146.5)
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- “Abandon” means to permanently discontinue usage; temporary
or intermittent cessation of operation does not constitute
abandonment An abandoned well need not necessarily be a sealed
well.
- “Aquifer” means a geological formation, group of formations,
or part of a formation that is capable of yielding a significant
amount of water to a well, tunnel or spring.
- “Artesian” means a hydrologic condition whereby groundwater
is confined, under pressure greater than atmospheric, by
overlying, relatively impermeable strata Because of hydrostatic
pressure, the piezometric surface of an artesian aquifer rises
above the bottom of the (upper) confining bed.
- “Building” means a structure, permanent or temporary, built,
erected and framed of component structural parts designed for
the housing, shelter, workplace, enclosure or support of
persons, animals or property of any kind.
- “Caprock” means a geological formation or formations
composed of terrigenous or marine sediments deposited over a
formation or formations of volcanic origin Caprock is
substantially less permeable than volcanic formations, and is
considered a “confining material”.
- “Confining materials or zone” means a geological formation
or part of a formation capable of preventing or severely
retarding fluid movement between different geological
formations; used interchangeably with “aquiclude”.
- “Contaminant” means any substance or matter which causes,
directly or indirectly, a physical, chemical, biological, or
radiological change in the existing water quality; used
interchangeably with “pollutant”.
- “County” means any county of the State, including Kalawao
county on Molokai.
- “Department” means the department of health, State of
Hawaii.
- “Director” means the director of health or a duly authorized
representative.
- “Disposal well” means a well used for the disposal or
emplacement of fluid or fluids, either by gravity flow or under
pressure, into subsurface strata; often used interchangeably
with “injection well”.
- “Exempted aquifer” means an aquifer or a portion thereof
that is exempted from being used as an USDW by the
director.
- “Existing well” means a well which was in operation or had
received official sanction from all of the necessary agencies,
before July 6, 1984.
- “Fluid” means any material or substance which flows or
moves, whether a semisolid, liquid or gas.
- “Formation” means a body of rock characterized by a degree
of lithologic homogeneity or similarity which is prevailingly,
but not necessarily, tabular and is mappable on the earth’s
surface or traceable in the subsurface.
- “Geohydrologic formation” means any formation capable of
transmitting fluids by saturated flow, unsaturated flow or a
combination thereof.
- “Geologist” means a person with a bachelors or higher degree
in geologic sciences from an accredited college or university
and a minimum of one year experience in well logging and
testing.
- “Ground water” means water below the land surface in a zone
of saturation.
- “Grouting” means the operation whereby a cement slurry is
forced behind the casing for such purposes as: sealing the
casing to the walls of the hole, preventing undesirable leakage
of fluids out of the hole, and preventing migration of liquids
or gases into the hole; or is pumped into a drill hole or well
for plugging and abandonment.
- “Hazardous waste” means a hazardous waste as defined
extensively in Code of Federal Regulations (CFR), Title
40-Protection of Environment, section 261.3 dated July 1,
1990
- “HRS” means Hawaii Revised Statutes.
- “Individual wastewater system (IWS)” means the facility
which disposes of treated or untreated domestic wastewater
generated from a room or group of rooms forming a single
habitable unit, including, but not limited to, cesspools, septic
tanks and household aerobic units.
- “Industrial” means associated with a productive enterprise
using machinery and mechanical power or human power or both,
including such enterprises as power generation and crop
production.
- “Inject” means to dispose or emplace fluids, either under
pressure or by gravity flow, into a subsurface formation or
formations.
- “Injection pressure” means the head increase in the well
bore with respect to the static ground water level; where head
refers to the total energy of the fluid at any given point; and
in ground water the main components of head are elevation and
pressure.
- “Injection well” means a well into which subsurface disposal
of fluid or fluids occurs or is intended to occur by means of
injection.
- “Makai” means toward the sea or the area outside the UIC
line encircling the protected aquifer.
- “Mauka” means toward the mountains or the encircled
protected aquifer.
- “Modify” means to make a minor or a basic change in the
physical characteristics or the operational status of a
well.
- “Person” means any individual, partnership, firm,
association, public or private corporation, trust estate, the
federal, state or county governments or any of their agencies,
or any other legal entity.
- “Pollute” means:
- To alter the physical, chemical, biological or
radiological properties of any state waters or USDW, including
but not limited to temperature, taste, potability, mineral
content, turbidity, color or odor; or
- To discharge any liquid, gaseous, solid, radioactive, or
other substances, into any state waters as will or is likely
to create a nuisance or render such waters harmful,
detrimental or injurious to public health, safety or welfare,
including harm, detriment, or injury to public or private
drinking water supplies.
- “Sewage” means waste from all plumbing fixtures in
residences, institutions, public and private buildings, and
other places of human habitation, employment or recreation,
whether treated or not by public or private sewage treatment
plants.
- “State” means State of Hawaii.
- “UIC” means the underground injection control program under
Part C of the Safe Drinking Water Act (P.L. 93-523) and chapter
340E, HRS.
- “UIC line” or “the line” means the line on the department of
health UIC maps which separates, in plan view, exempted aquifers
and USDW.
- “Underground source of drinking water (USDW)” means an
aquifer or its portion:
- Which supplies any public or private drinking water
system; or contains a sufficient quantity of ground water to
supply a public water system; and
- Currently supplies drinking water for human consumption;
or
- Contains fewer than ten thousand milligrams per liter
(mg/L) total dissolved solids (TDS); and
- Which is not an exempted aquifer.
- “Volcanic” means material originating from a volcano; often,
basaltic lava.
- “Waste” means any solid, liquid or gaseous matter, whether
treated or not, which, when injected, may pollute or tend to
pollute the lands or waters, including, but not limited to,
sewage; effluent; offal; garbage; refuse; and industrial,
agricultural or radioactive fluids.
- “Waste disposal system” means an excavation in the ground
receiving wastes which functions by allowing fluids to seep
through its bottom, sides or both, including cesspools, septic
tanks, and seepage pits.
- “Well” means a bored, drilled or driven shaft, or a dug
hole, whose depth is greater than its widest surface
dimension.
The publications referred to or incorporated by
reference in this chapter are available from the offices of the
Department of Health. [Eff 7/6/84; am and comp] (Auth: HRS
§340E-2) (Imp: HRS §340E-2, 40 CFR §§144.3 and 146.3)
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- Upon request, and with concurrence of the director, the
department shall review the aquifer designations The aquifer
designations shall be reviewed at least every three years In its
review, the department may amend the status of an aquifer in
accordance with chapter 91, HRS The criteria for exempting
aquifers from underground source of drinking water (USDW) status
is as follows:
- The aquifer does not currently serve as a source of
drinking water; and
- The aquifer cannot now and will not in the future serve as
a source of drinking water because of any of the following
criteria:
- It is situated at a depth or location which currently
makes recovery of water for drinking water purposes
economically or technologically impractical; or
- It is so contaminated that it would be economically or
technologically impractical to render that water fit for
human consumption; or
- The total dissolved solids (TDS) concentration of the
ground water is more than five thousand mg/L, and it is not
reasonably expected to supply a public or private drinking
water system.
- The UIC maps shall indicate exempted aquifers and USDW, in
plan view, by use of a UIC line, and such maps are an integral
part of this chapter. The department’s UIC maps shall be the
final authority for the identification of the aquifer boundaries
on the land surface Copies of the maps and this chapter are
available for examination at an office of the department’s
environmental protection and health services division, the
district health offices and other department offices on each
island.
- Unless expressly exempted, all aquifers are considered to be
USDW [Eff 7/6/84; am and comp] (Auth: HRS§340E-2) (Imp: HRS
§340E-2, 40 CFR §§144.7, 146.4 and 146.52)
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- The department has designated the following formations as
exempted portions of aquifers: in the horizontal dimension,
lands which are makai of the UIC line; and in the vertical
dimension:
- Where the volcanic formation is a non-artesian aquifer,
the entire geologic column; or
- Where the volcanic formation is an artesian aquifer, from
the subaerial ground surface down to fifty feet above the
contact between the artesian volcanic aquifer and the
overlying confining materials.
- Unless an aquifer is expressly exempted, as described above
or depicted on the department-issued UIC maps, it is an
underground source of drinking water
- In areas where the UIC line is defined by a roadway, a
setback of one lot or one hundred fifty feet, whichever is less,
from the mauka property line of that roadway may be considered
to be within the exempted area If the roadway is within a
property, the setback shall extend to the mauka property line or
to one hundred fifty feet from the mauka edge of said roadway,
whichever is less This interpretation of the UIC line shall be
subject to all other conditions of this chapter The applicant,
on the permit application, shall request this interpretation,
approval of which shall be based on the proximity and
sensitivity of drinking water sources
[Eff 7/6/84; am
and comp] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.7
and 146.4)
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- The department shall classify existing and proposed
injection wells in accordance with the five classes of wells
described in this section Wells in classes I through IV are
prohibited and are defined as follows:
- Class I Wells which inject fluids beneath the lowermost
formation containing, within one quarter mile of the well
bore, an underground source of drinking water and which are
used by:
- Generators of hazardous waste or owners or operators of
hazardous waste management facilities; and
- Disposers of industrial and municipal waste
fluids.
- Class II Wells which inject fluids:
- Which are brought to the surface in connection with
conventional oil or natural gas production and may be
commingled with waste waters from gas plants which are an
integral part of production operations, unless those waters
are classified as a hazardous waste at the time of
injection;
- For enhanced recovery of oil or natural gas; and
- For storage of hydrocarbons which are liquid at standard
temperature and pressure.
- Class III Wells which inject for extraction of minerals
including:
- Mining of sulfur by the Frasch process;
- In-situ production of uranium or other metals, using
unconventional techniques to mine ore bodies; and
- Solution mining of salts or potash.
- Class IV Wells used by generators of hazardous waste or of
radioactive waste, by owners or operators of hazardous waste
management facilities, or by owners or operators of
radioactive waste disposal sites to dispose of hazardous waste
or radioactive waste into any geohydrologic formation or a
formation, which, within one-quarter of a mile of the well,
contains an underground source of drinking water (USDW), even
if exempted.
- Without exception, only class V wells shall be permissible
and are defined as follows:
- Subclass A Injection wells which inject fluids into an
underground source of drinking water Subclass A wells
include:
- Sewage injection wells; and
- Industrial disposal wells other than those classified
under subclasses AB or B.
- Subclass AB Injection wells which inject only into
exempted aquifers Subclass AB wells include:
- Sewage injection wells; and
- Industrial disposal wells, other than those classified
under subclass B, such as brine disposal wells used in a
desalinization process.
- Subclass B Injection wells which inject non-polluting
fluids into any geohydrologic formation, including underground
sources of drinking water Subclass B wells include:
- Air conditioning return flow wells used to return the
water used for heating or cooling in a heat pump;
- Cooling water return flow wells used to inject water
previously used for cooling;
- Recharge wells used to replenish, augment, or store
water in an aquifer;
- Salt water intrusion barrier wells, used to prevent the
intrusion of salt water into fresh water, if they inject
water of equal or lesser chloride concentration as that
portion of the aquifer into which injected;
- Wells used in aquaculture, if the water in the receiving
formation has, either:
- An equal or greater chloride concentration as that of
the injected fluid; or
- A total dissolved solids concentration in excess of
five thousand mg/L
- Injection wells used in an experimental technology,
which is one that has not been proven feasible under the
conditions in which it is being tested; and
- All wells not included in subclasses A, AB, C, D, or E
of class V or in classes I through IV
- Subclass C Injection wells which inject surface fluids,
i.e., storm runoff, into any geohydrologic formation.
- Subclass D Injection wells which inject overflows, or
relief flows, from potable water systems into any
geohydrologic formation.
- Subclass E
- Injection wells associated with the development and
recovery of geothermal energy, provided that the geothermal
effluent will be injected at a depth that will not be
detrimental to underground sources of drinking water. If
injection is to occur below the basal water table, the
receiving formation water shall be tested and injection
allowed if the receiving water has, either:
- An equal or greater chloride concentration as that of
the injected fluid; or
- A total dissolved solids concentration in excess of
five thousand mg/l; or
- An equivalent or lesser water quality than the
injected fluid.
- Subclass E injection wells include:
- Brine injection wells for the disposal of excess water
from the steam-flashing process;
- Condensate injection wells for the disposal of
condensate from electric generators; and
- Gas injection wells for the disposal of
non-condensible gases entrained in an aqueous
solution. [Eff 7/6/84; am and comp] (Auth: HRS
§340E-2) (Imp: HRS §340E-2, 40 CFR §§144.6 and
146.5)
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- Without exception, any injection well not defined by class V
in section 11-23-06 shall not be permitted to be constructed,
operated or to exist in the State Class V injection wells shall
be permitted to be constructed, modified and operated to the
extent provided by, and subject to, the requirements of this
chapter.
- No new subclass A well shall be constructed or operated in
an underground source of drinking water after July 6,
1984
- No injection well owner or operator shall construct,
operate, maintain, or close its injection well unless authorized
by this chapter, a permit, or an order to do so.
- No injection well owner or operator shall violate any term
of any written authorization, including those relating to
inspection, monitoring, recordkeeping, and reporting. [Eff
7/6/84; am and comp] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40
CFR §§144.11, 144.12, 144.24 and 146.52)
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- No injection well shall be constructed unless, prior to the
start of any construction:
- Application is made for a UIC permit and all application
procedures set forth in sections 11-23-12 through 11-23-15 are
completed;
- It is shown that the proposed injection well will comply
with this chapter; and
- The department, upon satisfaction of the requirements set
forth in paragraphs (1) and (2), approves the start of
construction.
- Approval of the start of the construction of any injection
well shall not be construed as approval for the operation of
that injection well Further, the approval of the start of
construction does not guarantee the approval to operate upon
completion of the injection well Permits shall be issued only in
accordance with this chapter and it is the duty of the applicant
to insure compliance with the law and this chapter [Eff
7/6/84 ; am and comp] (Auth: HRS §340E-2) (Imp: HRS
§340E-2)
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- Any new injection well, other than subclass D injection
wells, shall be sited beyond an area which extends at least
one-quarter mile from any part of a drinking water source This
includes not only the surface expression of the water supply
well, tunnel or spring, but also all portions of the subsurface
collection system which may extend laterally, either at right or
inclined angles to the ground surface The area of protection
shall be delineated by a reasonably smooth curve drawn to
connect the points extending one-quarter mile beyond the most
extensive portions of the drinking water source and its
collection system.
- Where the surface expression of an existing drinking water
source drawing from an artesian aquifer is located in an
exempted caprock aquifer, a new injection well, other than a
subclass D injection well, shall be located, in addition to
subsection (a) of this section, outside an area measuring
one-half mile wide, which is bisected by a line running
hydrologically upgradient from the surface expression of the
drinking water source to the UIC boundary line This condition
also applies to any future drinking water source which may be
sited in an exempted aquifer.
- For a proposed injection well which is sited mauka of the
UIC boundary line, in addition to meeting the minimum distance
requirement in subsection (a) of this section, the department
shall require the applicant to submit water quality data
representative of local conditions as part of the application
Where water quality data is lacking or insufficient to determine
the areal water quality, the department may require the
applicant to collect representative water samples from the
injection well during construction The samples shall be
collected and analyzed, in accordance with standards and methods
established in chapter 11-20, entitled “Rules Relating To
Potable Water Systems” The parameters for which values shall be
identified are, at least, the following:
- Chloride concentration,
- Total dissolved solids (TDS), and
- Coliform – Total; if found, then fecal and streptococcus
determinations.
- The variety of injection wells and their uses dictate a
variety of construction designs consistent with those uses, and
precludes specific construction standards for each type of
injection well outlined in this chapter However, an injection
well shall be designed for its intended use, in accordance with
good engineering practices as recommended by the Honolulu Board
of Water Supply’s “Water System Standards”, dated March,
1977.
- Vertical migration resulting in undesirable mixing of fluids
from aquifers of substantially different water quality (due to
improper well construction or use of an injection well) shall be
prevented by preserving the integrity of the confining zone or
zones by grouting or some other method acceptable to the
department.
- If a large void, such as a lava tube or solution cavity, is
encountered during drilling, where the drill rod drops more
than three feet, measures shall be taken to prevent unacceptable
migration of the injected fluids The owner shall either verify
that the void does not slope inland or construct the well in
such a manner that wastes are not injected directly into the
void For the first option, a test boring which verifies the
void’s inclination inland of the wellsite shall be drilled For
the second option, the section of the well casing which passes
through the void shall be without openings Either the perforated
casing shall be replaced with solid casing, or the holes in the
casing shall be sealed by grouting or in some other manner
approved by the department The owner shall notify the department
to arrange discussion and approval of any corrective actions
Scheduling of the procedures shall be arranged so that the
departmental staff may observe the remedial operations. The
final responsibility for remedial design, implementation and
performance shall rest with the consulting
engineer.
- Departmental staff shall have the right to enter property
during normal working hours, without advance notification, for
the purpose of observing injection well construction methods and
progress. [Eff 7/6/84; am and comp] (Auth: HRS §340E-2)
(Imp: HRS §§340E-2 and 340E-9, 40 CFR §§144.12, 144.51 and
146.6)
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class=”Subheader2″>§11-23-10 Provision for Artesian Aquifer
Protection
- Where an injection well is located in a caprock formation
which overlies volcanic USDW under artesian pressure, the
following conditions shall be applied:
- A buffer zone of at least fifty feet of the confining
materials (caprock) or other impermeable substance, shall
remain between the bottom of the injection well and the top of
the volcanic aquifer, and
- Injection pressure, as measured at the feed elevation or
well head, shall remain below the hydrostatic pressure of the
volcanic aquifer (the artesian head) or two p.s.i., whichever
is greater.
- The locations of artesian aquifer areas are described
generally The major areas, which have an extensive caprock
formation, include:
- The southern coastal plains of Oahu, from Kahe Pt. (West
Beach) to Wailea Pt. (Lanikai);
- The windward (eastern) coastal plains of Oahu, from
Makalii Pt. (Punaluu) to Waialee;
- The northern coastal plains of Oahu, from Haleiwa to
Mokuleia; and
- The Mana Plain on western Kauai, from Polihale to
Kekaha.
Other artesian aquifer areas are found in
valleys, where alluvium or other sedimentary material has been
deposited to significant depths.
- If the ratio of the depth of the proposed injection well, to
the estimated depth of caprock less fifty feet, is 1:2 or less,
the applicant need not extend the depth of the injection well or
wells in order to verify caprock thickness, prior to completion
at the shallower proposed depth The department shall estimate
the depth of caprock by comparing lithology from logs of borings
in the vicinity If, however, artesian aquifer conditions are
encountered, the applicant shall have the options as set forth
in subsection (f) The following is a table showing the depths
needed to achieve the 1:2 ratio:
__ __ __ __ ___ ___ ___ ___ ___ ___ ___ ___
class=”Subheader3″>70 80 90 100 110 130 150 170 190 210 230
250
- If the ratio of the depth of the proposed injection well, to
the estimated depth of caprock less fifty feet, is greater than
1:2, the applicant shall have the depth of the injection well
temporarily extended by fifty feet to verify that artesian
aquifer conditions are not encountered within that range The
fifty feet of extended hole shall be properly sealed by the
tremie method, with a cement slurry that contains no more than
five gallons of water per ninety-four pound sack of
cement.
- Where a test well is planned for either a single injection
well or a multiple well field, the depth of the test well shall
be extended fifty feet into confining materials beyond the
proposed depth of the deepest well If the test well is intended
to be operational, the lower fifty feet shall be properly sealed
as detailed in subsection (d) of this section.
- Where artesian aquifer conditions are unexpectedly
encountered, the applicant may choose to:
- Abandon and properly seal the injection well with neat
cement and request approval for a new location; or
- Modify the depth of the injection well or wells so that it
conforms with subsection (a)(1) [Eff 7/6/84; am and comp]
(Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.11 and
144.12)
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- No injection well shall be operated, modified or otherwise
utilized without a UIC permit issued by the department. Only
subclass C wells that meet the requirements of section
11-23-12(f) shall be exempt from obtaining a UIC permit to
operate.
- No person shall construct, operate, maintain, convert, plug,
abandon or conduct any other injection activity in a manner
which allows the movement of fluid containing a contaminant into
underground sources of drinking water, if the presence of that
contaminant may cause a violation of any national or state
primary drinking water rule or may otherwise adversely affect
the health of one or more persons.
- All injection wells shall be operated in such a manner that
they do not violate any of the department’s administrative rules
under title 11, Hawaii Administrative Rules, regulating various
aspects of water quality and pollution, and chapters 342-B,
342-D, 342-F, 342-H, 342-J, 342-L, and 342-N, HRS The rules
include:
- Chapter 11-20, “Rules Relating To Potable Water
Systems”
- Chapter 11-62, “Wastewater Systems” and
- Chapter 11-55, “Water Pollution
Control”
- The operation of all injection wells shall also conform to
any limitations on quantity and quality of the injected fluid as
are deemed appropriate by the director for the purposes of this
chapter.
- If at any time the department learns that an injection well
may cause a violation of primary drinking water rules, the
department shall order the injector to take such actions as may
be necessary to prevent the violation, including, where
required, cessation of operation of the injection
well.
- Notwithstanding any other provision of this section, the
department shall issue a cease and desist order, effective
immediately, upon receipt of information that a contaminant
which is present in, or likely to enter, a system, or
underground source of drinking water, supplying water for human
consumption, poses an imminent and substantial danger to the
health of a person or persons [Eff 7/6/84; am and comp]
(Auth: HRS §340E-2) (Imp: HRS §§340E-2 and 340E-4, 40 CFR
§§144.11, 144.12, 144.24, 144.25, 144.31, 144.40 and
146.52)
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- No person shall operate, modify or abandon an injection well
or wells without first obtaining a UIC permit from the
department Only subclass C wells that meet the requirements in
subsection (f) of this section shall be exempt from obtaining a
UIC permit to operate. Further, no person shall start
construction of an injection well without first applying for a
permit and obtaining the department’s approval for the start of
construction.
- All permit applications shall be made by the injection well
owner on authorized departmental forms which shall be available
at department offices In the case of leasehold land, the
applicant shall submit written proof of the consent of the land
owner In the case of a modification, the legal operator, with
the written consent of the owner, may submit the
application.
- An applicant may apply for a system permit rather than apply
for each individual injection well if the wells meet all of the
following conditions:
- Are owned by the same person;
- Are operated by the same person;
- Are similarly designed;
- Serve the same purpose; and
- Inject into the same aquifer or injection zone at the same
property.
- All applications shall be submitted with a filing fee of
$100 for each application Any government agency shall be exempt
from paying this filing fee Additionally, when public notice is
required, as provided in section 11-23-14, the applicant shall
pay all fees assessed for publishing legal notice or notices for
each application requiring public notice. If a public hearing is
required, as provided in section 11-23-15, the applicant shall
pay all fees assessed for publishing legal notice or notices for
each application requiring such notice.
- The department shall not consider any incomplete application
An application is deemed complete when:
- All requested information has been submitted, including
the application form, plans, maps and other exhibits;
- All fees have been paid; and
- All public notice and hearing requirements under sections
11-23-14 and 11-23-15 have been
satisfied.
- All applications for the use of subclass C wells to inject
storm runoff shall be reviewed by the department for the
determination of whether or not an applicant shall be required
to obtain a UIC permit to operate the wells The determination
for an exemption of a UIC permit for such wells shall be made by
the director and shall be predicated on the conditions submitted
in the UIC application If an exemption is granted, the operating
conditions as submitted in the application shall remain
unchanged for the subclass C wells If any of the operating
conditions should change over time, a new application shall be
submitted by the owner of the wells for review by the
department for the purpose of determining the need for a UIC
permit The determination for a permit exemption shall be based
on, but not limited to:
- The location and design of the injection wells;
- The surrounding land areas contributing runoff to the
injection wells;
- The potential for the inclusion of contaminants in the
runoff;
- The impact on underground sources of drinking water;
and
- The comments received during the public notice period or
public hearing, or both, for proposed subclass C wells
injecting into underground sources of drinking water. [Eff
7/6/84; am and comp] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40
CFR §§144.24 and 144.33)
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- Each applicant shall provide the following:
- Facility name and description;
- Facility location, including street address and zip
code;
- Tax map key (TMK) number and map at the most detailed
scale available, showing the location of the proposed
injection well or wells on the property, the correct scale and
north arrow;
- USGS topographic quadrangle map or good copy (scale
1:24,000) indicating the location of the proposed injection
well or wells, and all other injection and withdrawal wells
within one-quarter mile of the facility boundary;
- Ownership of facility;
- Name and address of lessor, if applicant is a lessee, and
written consent of the property owner;
- Name and address of legal contact;
- Name of proposed operator;
- Nature and source of injected fluid;
- Proposed design capacity and operating volume of injected
fluid;
- Number and type of injection wells, including construction
materials and procedures;
- Elevation section for proposed well or wells, as found on
the application form;
- Description of injection system, including emergency
standby or monitoring wells, if any, and system
blueprints;
- Details of proposed injection testing, the duration of
which shall be for not less than twelve hours, and preferably
for twenty-four hours;
- For injection wells sited mauka of the UIC line, water
quality data, including, at a minimum, values for chloride,
total dissolved solids, and coliform, from several of the
nearest water supply wells;
- Number of each type of injection well actually
constructed, including emergency standby and monitoring wells,
if any;
- Well log maintained by a geologist, including:
- Lithology of injection interval or intervals and
confining formation or formations;
- Physical and structural characteristics of the
formations encountered;
- Initial water level, and subsequent water levels as
fluctuations occur, especially for artesian conditions;
and
- Tidal fluctuations and efficiency;
- Elevation section, as found on the application form,
showing exact final dimensions for each of the injection wells
and materials used in construction;
- Complete results of injection testing, including maximum
capacity;
- Water quality data, if required;
- Nature and source of formation water;
- Description of operating plans, including identification
of legal operator, maximum and average volumes of injected
fluids, number of hours per day of use, and degree and type of
treatment, if any.
- When the application is for a proposed injection well, the
applicant shall first submit the information required under
subsection (a)(1) to (a)(15) of this section This submittal
shall be prepared and signed by a licensed professional engineer
or a geologist When an application is prepared by an engineer it
shall also bear the professional seal of the engineer No
authorization to construct shall be issued until the information
is provided
- Upon completion of the proposed injection well(s), the
applicant shall submit the information required in subsection
(a)(16) to (a)(22) of this section This submittal shall be
signed by the licensed professional engineer and geologist who
prepared the documents and bear the professional seal of the
engineer No authorization to operate shall be issued until the
information is provided.
- Applicants for proposed subclass C or subclass D injection
wells shall not be required to submit the information required
in subsection (a)(10), (a)(14), (a)(15), (a)(17), (a)(19),
(a)(20), and (a)(21) of this section, unless any or all of these
subsections are deemed appropriate and are specifically
requested by the director [Eff 7/6/84; am and comp] (Auth:
HRS §340E-2) (Imp: HRS §§340E-2 and 340E-9, 40 CFR §§144.25,
144.26 and 144.33)
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- The director shall notify the public of every application
for a well proposing to inject into an underground source of
drinking water in a manner designed to inform interested and
potentially interested persons Public notice procedures shall
include at least the following:
- Notice shall be circulated within the geographical area in
which the proposed injection is located The circulation shall,
at the discretion of the director, include either or both of
the following:
- Posting in the post office and public places of the
municipality nearest the premises of the applicant in which
the injection well facility is located; and
- Publishing in local newspapers and periodicals or in a
daily newspaper of general circulation;
- Notice shall be mailed to any person or group upon
request; and
- The director shall add to a mailing list the name of any
person or group who requests copies of notices for all UIC
applications which propose the use of a USDW for injection
purposes within the State or a certain geographical
area.
- The director shall provide a period of not less than thirty
days following the date of the public notice, during which time
interested persons may submit their written views with respect
to the UIC application All written comments submitted during the
thirty-day comment period shall be retained by the director and
considered in the formulation of the final determination with
respect to the UIC application The period for comment may be
extended at the discretion of the director.
- The public notice shall include at least the following:
- Name, address and phone number of the agency issuing the
public notice;
- Name and address of each applicant;
- Brief description of each applicant’s activities or
operations which intend to utilize the injection wells
described in the UIC application
- A brief description of the procedures for the formulation
of final determinations, including the thirty-day comment
period required by subsection (b) of this section and any
other means by which interested persons may influence or
comment upon those determinations; and
- Address and phone number of the state agency premises at
which interested persons may obtain further information; and
may inspect and copy UIC forms and related documents. [Eff
7/6/84; am and comp] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40
CFR §145.31)
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class=”Subheader2″>§11-23-15 Public Hearings
- An applicant or any interested person or group of persons
may request or petition the department for a public hearing with
respect to UIC applications which have been publicly noticed
pursuant to section 11-23-14 Within thirty days of the
publication date of the public notice in the major daily
newspapers, an applicant or any interested person or persons may
request or petition for a public hearing, and shall indicate the
interest of the party filing the request and their reason or
reasons why a hearing is warranted.
- A hearing may be held if the director determines that there
is significant public interest. Any hearing brought pursuant to
this section shall be held in the geographical area of the
proposed injection or other appropriate area, at the discretion
of the director, and may, as appropriate with respect to
geographic area, consider more than one UIC permit
application.
- The public shall be given public notice of any hearing held
pursuant to this section The notice for the hearing shall
include at least the following:
- Notice shall be published at least once in a newspaper of
general circulation within the geographical area of the
injection site;
- Notice shall be sent to all persons who received a copy of
the notice for the UIC permit application;
- Notice shall be mailed to any person or group upon
request; and
- Notice shall be issued at least thirty days in advance of
the hearing.
- The public notice of any hearing held pursuant to this
section shall include at least the following information:
- Name, address and phone number of agency holding the
public hearing;
- Name and address of each UIC applicant whose application
will be considered at the hearing;
- Name of USDW area where injection is proposed and a short
description of the underground source of drinking water
aquifer;
- A brief reference to the public notice issued for each UIC
application being considered, including identification number
and date of issuance;
- Information regarding the time and location of the
hearing;
- The purpose of the hearing;
- A concise statement of the issues raised by the persons
requesting the hearing;
- Address and phone number of the state agency premises at
which interested persons may obtain further information, and
inspect and copy UIC forms and related documents; and
- A brief description of the nature of the hearing,
including the rules and procedures to be followed [Eff
7/6/84; comp] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR
§145.31)
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- The director shall issue a UIC permit for wells which
propose to inject into exempted aquifers on the following basis:
- Existing or new injection wells do not or will not
endanger the quality of underground sources of drinking
water.
- Existing or new injection wells are designed and are or
will be constructed or modified to operate without causing a
violation of these rules or other applicable laws.
- Proposed injection wells are designed and built in
compliance with the standards and limitations stated in
sections 11-23-07 to 11-23-10.
- The issuance of a UIC permit for wells which propose to
inject into USDW shall be based, in addition to subsection
(a)(1) to (a)(3) of this section, upon the evaluation of the
contamination potential of the local water quality by the
injection fluids and the water development potential for public
or private consumption The public shall have an opportunity to
present information about these aspects of the proposed
project.
- The director may issue a UIC permit for any period of time,
not to exceed five years.
- The director shall review applications for reissuance of UIC
permits Applications for reissuance must be filed at least 180
days prior to UIC permit expiration UIC permits may be reissued
based upon the submission and review of data, as outlined in
section 11-23-13, as deemed appropriate by the director at that
time.
- The UIC permit shall not be transferable from the injection
well owner to any other person without the approval of the
director Request for transfer from one person to another shall
be made on an application form furnished by the director along
with any other data deemed appropriate [Eff 7/6/84; am and
comp] (Auth: HRS §340E-2) (Imp: HRS §§340E-2 and 340E-9, 40 CFR
§§144.11, 144.12, 144.36, 144.38, 144.39 and 144.41)
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- The application procedures for a UIC permit, as stated in
section 11-23-12, shall apply to owners of existing injection
well facilities.
- By August 6, 1984, the owner of any existing injection well
or wells shall notify the department of the existence of the
well, whether or not in use, and shall provide the department
with the information required by section 11-23-13(a)(1) through
(a)(7).
- The owner or operator of any existing injection well or
wells shall further, by January 6, 1985, submit to the
department information concerning the construction and operating
characteristics of such existing wells as required by section
11-23-13(a)(16) through (a)(22).
- No existing injection well, including those sited in
exempted aquifers, shall be permitted to operate without a UIC
permit from the department The owner of an existing injection
well shall obtain a UIC permit by July 6, 1985 The permit shall
be issued upon demonstration by the injection well owner that
the well’s operation does not violate the conditions stated in
sections 11-23-10(a), 11-23-11(b) and
11-23-16(a)(1).
- By July 6, 1987, the state shall assess all existing
injection wells to determine their impact on underground sources
of drinking water. Subclass A wells shall be issued a permit
until such time that a sewage collection system serves the area
if they meet the following provisions:
- The application is properly completed;
- The injected fluids remain non-polluting to drinking water
sources; and
- The existing treatment facility design capacity is not
exceeded.
- Existing wells of any subclass, which are determined to be
polluting underground sources of drinking water shall have one
year from the time of determination to effect corrective actions
If the pollution is not abated, the permit shall not be renewed
or shall be suspended or revoked. [Eff 7/6/84; am and comp]
(Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.15, 144.26,
144.31, 144.33 and 146.52)
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- The operator of any injection well or wells shall keep
detailed records of the operation of the well or wells,
including, but not limited to, the type and quantity of injected
fluids, and the method and rate of injection for each
well.
- If the operation of the injection well or wells is
additionally regulated by other pollution control programs,
e.g., National Pollution Discharge Elimination System (NPDES),
the adherence to their monitoring and reporting requirements
shall be considered a requirement of this chapter.
- The owner of any injection well or wells shall within one
month report any change in ownership to the director in writing
Until such time as the notice of change in ownership is
submitted, the registered owner shall be responsible for the
operation of the well or wells and for damages resulting from
improper operation of the well or wells. [Eff 7/6/84; comp]
(Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.51 and
144.54)
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- Any owner who wishes to abandon an injection well shall
submit an application, in accordance with section 11-23-12,
containing the details of the proposed abandonment The
department may require an abandoned well to be plugged in a
manner which will not allow detrimental movement of fluids
between formations If required, plugging shall be completed by
grouting with the tremie method in accordance with the Honolulu
Board of Water Supply’s “Water System Standards”, dated March,
1977; or by some other method found appropriate and acceptable
to the department.
- The department may order an injection well to be plugged and
abandoned when it no longer performs its intended purpose, or
when it is determined to be a threat to the ground water
resource The owner shall schedule the plugging so that
departmental staff may be present to monitor the abandonment
operation. [Eff 7/6/84; comp] (Auth: HRS §340E-2) (Imp: HRS
§340E-2, 40 CFR §§144.40 and 144.52(a))
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- Each UIC permit shall be subject to revocation, suspension
or revision by the director if, after notice and opportunity for
a contested hearing, it is determined that:
- There is a violation of any term or condition of the UIC
permit; or
- The UIC permit was obtained by misrepresentation, or
failure to fully disclose all relevant facts; or
- The UIC permit was willfully defaced, altered, forged or
falsified; or
- There is a change in any condition that requires either a
temporary or permanent reduction or elimination of the
permitted injection; or
- There is a failure to comply with these rules or any other
applicable rules or laws.
- In taking any action the director may consider operating
records, compliance investigations, or other information
regarding the injection well facility or impact on the USDW
aquifer [Eff 7/6/84; comp] (Auth: HRS 340E-2) (Imp: HRS
340E-2, 40 CFR §145.31)
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The director shall have the right:
- To enter premises on which any injection well system is
located;
- To inspect any equipment, operation, or sampling of any
injection well system;
- To take effluent samples from any injection well system;
and
- To have access to and copy any record required to be kept
pursuant to this chapter [Eff. and comp ] (Auth: HRS 340E-2,
340E-9) (Imp. HRS 340E-2, 340E-9; 40 CFR 144.51)
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Any person who violates any provision of this
chapter shall be subject to the penalties provided in section
340E-8, HRS. Compliance with a corrective order shall not excuse
the basic violation. [Eff 7/6/84; am, comp and ren §11-23-21 ]
(Auth: HRS §340E-7) (Imp: HRS §340E-8, 40 CFR §§144.11 and
145.13)
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If any provision of this chapter or its
application to any person or circumstances is held invalid, the
application of such provision to other persons or circumstances,
and the remainder of this chapter, shall not be affected
thereby.” [Eff 7/6/84; comp and ren §11-23-22 ] (Auth: HRS
§340E-9) (Imp: HRS §340E-9)
The amendments to and compilation of Hawaii
Administrative Rules, Title 11, Chapter 23, Underground Injection
Control, on the Summary Page dated ______________________, were
adopted on _________________________, following a public hearing
conducted on June 13, 1991 by means of a tele-video conference
communication held on Oahu with simultaneous transmission to Hilo,
Hawaii and Lihue, Kauai, after the public notice was printed in
the Honolulu Advertiser, Hawaii Tribune-Herald, West Hawaii Today,
Maui News, and Kauai Times, on April 24, 1991.
These rules shall take effect ten days after
filing with the Office of the Lieutenant Governor.
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JOHN C. LEWIN, M.D. Director of
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JOHN WAIHEE Governor State of
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nowrap=”nowrap”>Approved to as Form:
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Deputy Attorney General |
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