11-23





name=”top”> Hawaii State Department of Health –<br /> www.hawaii.gov/health





























     




 














     

 DOH
Administrative Rules
 

Hawaii
Administrative Rules
 Chapter 23 –
Underground Injection Control










































































































































§11-23-1   Purpose
§11-23-2   Scope
§11-23-3   Definitions
§11-23-4   Classification of Exempted Aquifers and Underground Sources of Drinking Water
§11-23-5   Identification of Exempted Aquifers and USDW
§11-23-6   Classifcation of Injection Wells
§11-23-7   Prohibition
§11-23-8   Construction
Conditions
§11-23-9   Siting
and Pre-Construction Requirements
§11-23-10   Provision
for Artesian Aquifer Protection
§11-23-11   Operating
Conditions
§11-23-12   Application
Procedures for UIC Permit
§11-23-13   Submission
of Data
§11-23-14   Public
Notice of Proposed Wells Injecting Into USDW
§11-23-15   Public
Hearings
§11-23-16   Permit
Issuance
§11-23-17   Existing
Injection Well Registration
§11-23-18   Monitoring
and Reporting Requirements
§11-23-19   Plugging
and Abandonment Requirements
§11-23-20   Revocation,
Suspension or Revision of UIC Permits
§11-23-21   Inspection
and Entry
§11-23-22   Penalties
§11-23-23   Severability





Chapter §11-23-01


§11-23-01
Purpose
 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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§11-23-02
Scope


This chapter covers any injection well as
herein defined in this chapter. Excluded from this chapter
are:



  1. Individual wastewater systems (IWS) serving single family
    residential households which generate a volume of domestic
    sewage less than one thousand gallons per day (gpd);

  2. Non-residential waste disposal systems which receive solely
    sanitary wastes from buildings that generate less than one
    thousand gpd of wastewater;

  3. Test borings used for geotechnical and/or hydrologic
    investigations, provided that those borings are plugged with
    impermeable material upon completion of the investigation;
    and

  4. 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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11-23-03
Definitions as Used in this Chapter



  • “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:

    1. 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

    2. 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:

    1. Which supplies any public or private drinking water
      system; or contains a sufficient quantity of ground water to
      supply a public water system; and

      1. Currently supplies drinking water for human consumption;
        or

      2. Contains fewer than ten thousand milligrams per liter
        (mg/L) total dissolved solids (TDS); and

    2. 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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id=”sec_4″>§11-23-04 Classification of Exempted Aquifers and
Underground Sources of Drinking Water (a)



  1. 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:



    1. The aquifer does not currently serve as a source of
      drinking water; and

    2. The aquifer cannot now and will not in the future serve as
      a source of drinking water because of any of the following
      criteria:

      1. It is situated at a depth or location which currently
        makes recovery of water for drinking water purposes
        economically or technologically impractical; or

      2. It is so contaminated that it would be economically or
        technologically impractical to render that water fit for
        human consumption; or

      3. 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.

  2. 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.


  3. 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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§11-23-05
Identification of Exempted Aquifers and USDW



  1. 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:



    1. Where the volcanic formation is a non-artesian aquifer,
      the entire geologic column; or

    2. 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.


  2. 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


  3. 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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§11-23-06
Classification of Injection Wells



  1. 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:



    1. 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:





      2. Generators of hazardous waste or owners or operators of
        hazardous waste management facilities; and

      3. Disposers of industrial and municipal waste
        fluids.


    2. Class II Wells which inject fluids:



      1. 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;

      2. For enhanced recovery of oil or natural gas; and

      3. For storage of hydrocarbons which are liquid at standard
        temperature and pressure.


    3. Class III Wells which inject for extraction of minerals
      including:



      1. Mining of sulfur by the Frasch process;

      2. In-situ production of uranium or other metals, using
        unconventional techniques to mine ore bodies; and

      3. Solution mining of salts or potash.


    4. 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.


  2. Without exception, only class V wells shall be permissible
    and are defined as follows:



    1. Subclass A Injection wells which inject fluids into an
      underground source of drinking water Subclass A wells
      include:



      1. Sewage injection wells; and

      2. Industrial disposal wells other than those classified
        under subclasses AB or B.


    2. Subclass AB Injection wells which inject only into
      exempted aquifers Subclass AB wells include:



      1. Sewage injection wells; and

      2. Industrial disposal wells, other than those classified
        under subclass B, such as brine disposal wells used in a
        desalinization process.


    3. Subclass B Injection wells which inject non-polluting
      fluids into any geohydrologic formation, including underground
      sources of drinking water Subclass B wells include:



      1. Air conditioning return flow wells used to return the
        water used for heating or cooling in a heat pump;

      2. Cooling water return flow wells used to inject water
        previously used for cooling;

      3. Recharge wells used to replenish, augment, or store
        water in an aquifer;

      4. 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;

      5. Wells used in aquaculture, if the water in the receiving
        formation has, either:

        1. An equal or greater chloride concentration as that of
          the injected fluid; or

        2. A total dissolved solids concentration in excess of
          five thousand mg/L

      6. 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

      7. All wells not included in subclasses A, AB, C, D, or E
        of class V or in classes I through IV


    4. Subclass C Injection wells which inject surface fluids,
      i.e., storm runoff, into any geohydrologic formation.

    5. Subclass D Injection wells which inject overflows, or
      relief flows, from potable water systems into any
      geohydrologic formation.

    6. Subclass E




      2. 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:



        1. An equal or greater chloride concentration as that of
          the injected fluid; or

        2. A total dissolved solids concentration in excess of
          five thousand mg/l; or

        3. An equivalent or lesser water quality than the
          injected fluid.


      3. Subclass E injection wells include:



        1. Brine injection wells for the disposal of excess water
          from the steam-flashing process;

        2. Condensate injection wells for the disposal of
          condensate from electric generators; and

        3. 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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§11-23-07
Prohibition



  1. 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.


  2. No new subclass A well shall be constructed or operated in
    an underground source of drinking water after July 6,
    1984


  3. 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.


  4. 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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§11-23-08
Construction Conditions



  1. No injection well shall be constructed unless, prior to the
    start of any construction:



    1. Application is made for a UIC permit and all application
      procedures set forth in sections 11-23-12 through 11-23-15 are
      completed;

    2. It is shown that the proposed injection well will comply
      with this chapter; and

    3. The department, upon satisfaction of the requirements set
      forth in paragraphs (1) and (2), approves the start of
      construction.


  2. 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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§11-23-09 Siting
and Pre-Construction Requirements



  1. 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.


  2. 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.


  3. 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:



    1. Chloride concentration,

    2. Total dissolved solids (TDS), and

    3. Coliform – Total; if found, then fecal and streptococcus
      determinations.


  4. 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.


  5. 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.


  6. 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.


  7. 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



  1. Where an injection well is located in a caprock formation
    which overlies volcanic USDW under artesian pressure, the
    following conditions shall be applied:




    2. 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

    3. 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.


  2. The locations of artesian aquifer areas are described
    generally The major areas, which have an extensive caprock
    formation, include:



    1. The southern coastal plains of Oahu, from Kahe Pt. (West
      Beach) to Wailea Pt. (Lanikai);

    2. The windward (eastern) coastal plains of Oahu, from
      Makalii Pt. (Punaluu) to Waialee;

    3. The northern coastal plains of Oahu, from Haleiwa to
      Mokuleia; and

    4. 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.


  3. 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:


  4. Proposed depth of
    injection
    well:     10 15 20 25 30 40 50 60 70
    80 90 100


    __ __ __ __ ___ ___ ___ ___ ___ ___ ___ ___



    Minimum depth class=”Subheader3″>70 80 90 100 110 130 150 170 190 210 230
    250
    of caprock:



  5. 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.


  6. 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.


  7. Where artesian aquifer conditions are unexpectedly
    encountered, the applicant may choose to:



    1. Abandon and properly seal the injection well with neat
      cement and request approval for a new location; or

    2. 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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§11-23-11
Operating Conditions



  1. 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.


  2. 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.


  3. 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:



    1. Chapter 11-20, “Rules Relating To Potable Water
      Systems”

    2. Chapter 11-62, “Wastewater Systems” and

    3. Chapter 11-55, “Water Pollution
      Control”


  4. 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.


  5. 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.


  6. 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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§11-23-12
Application Procedures for UIC Permit



  1. 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.


  2. 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.


  3. 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:



    1. Are owned by the same person;

    2. Are operated by the same person;

    3. Are similarly designed;

    4. Serve the same purpose; and

    5. Inject into the same aquifer or injection zone at the same
      property.


  4. 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.


  5. The department shall not consider any incomplete application
    An application is deemed complete when:



    1. All requested information has been submitted, including
      the application form, plans, maps and other exhibits;

    2. All fees have been paid; and

    3. All public notice and hearing requirements under sections
      11-23-14 and 11-23-15 have been
      satisfied.


  6. 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:



    1. The location and design of the injection wells;

    2. The surrounding land areas contributing runoff to the
      injection wells;

    3. The potential for the inclusion of contaminants in the
      runoff;

    4. The impact on underground sources of drinking water;
      and

    5. 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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§11-23-13
Submission of Data



  1. Each applicant shall provide the following:



    1. Facility name and description;

    2. Facility location, including street address and zip
      code;

    3. 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;

    4. 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;

    5. Ownership of facility;

    6. Name and address of lessor, if applicant is a lessee, and
      written consent of the property owner;

    7. Name and address of legal contact;

    8. Name of proposed operator;

    9. Nature and source of injected fluid;

    10. Proposed design capacity and operating volume of injected
      fluid;

    11. Number and type of injection wells, including construction
      materials and procedures;

    12. Elevation section for proposed well or wells, as found on
      the application form;

    13. Description of injection system, including emergency
      standby or monitoring wells, if any, and system
      blueprints;

    14. Details of proposed injection testing, the duration of
      which shall be for not less than twelve hours, and preferably
      for twenty-four hours;

    15. 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;

    16. Number of each type of injection well actually
      constructed, including emergency standby and monitoring wells,
      if any;

    17. Well log maintained by a geologist, including:

      1. Lithology of injection interval or intervals and
        confining formation or formations;

      2. Physical and structural characteristics of the
        formations encountered;

      3. Initial water level, and subsequent water levels as
        fluctuations occur, especially for artesian conditions;
        and

      4. Tidal fluctuations and efficiency;

    18. Elevation section, as found on the application form,
      showing exact final dimensions for each of the injection wells
      and materials used in construction;

    19. Complete results of injection testing, including maximum
      capacity;

    20. Water quality data, if required;

    21. Nature and source of formation water;

    22. 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.


  2. 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


  3. 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.


  4. 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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§11-23-14 Public
Notice of Proposed Wells Injecting into USDW



  1. 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:



    1. 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:

      1. 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

      2. Publishing in local newspapers and periodicals or in a
        daily newspaper of general circulation;

    2. Notice shall be mailed to any person or group upon
      request; and

    3. 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.


  2. 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.


  3. The public notice shall include at least the following:




    2. Name, address and phone number of the agency issuing the
      public notice;

    3. Name and address of each applicant;

    4. Brief description of each applicant’s activities or
      operations which intend to utilize the injection wells
      described in the UIC application

    5. 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

    6. 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



  1. 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.


  2. 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.


  3. 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:




    2. Notice shall be published at least once in a newspaper of
      general circulation within the geographical area of the
      injection site;

    3. Notice shall be sent to all persons who received a copy of
      the notice for the UIC permit application;

    4. Notice shall be mailed to any person or group upon
      request; and

    5. Notice shall be issued at least thirty days in advance of
      the hearing.


  4. The public notice of any hearing held pursuant to this
    section shall include at least the following information:




    2. Name, address and phone number of agency holding the
      public hearing;

    3. Name and address of each UIC applicant whose application
      will be considered at the hearing;

    4. Name of USDW area where injection is proposed and a short
      description of the underground source of drinking water
      aquifer;

    5. A brief reference to the public notice issued for each UIC
      application being considered, including identification number
      and date of issuance;

    6. Information regarding the time and location of the
      hearing;

    7. The purpose of the hearing;

    8. A concise statement of the issues raised by the persons
      requesting the hearing;

    9. 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

    10. 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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11-23-16 Permit
Issuance



  1. The director shall issue a UIC permit for wells which
    propose to inject into exempted aquifers on the following basis:





    2. Existing or new injection wells do not or will not
      endanger the quality of underground sources of drinking
      water.

    3. 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.

    4. Proposed injection wells are designed and built in
      compliance with the standards and limitations stated in
      sections 11-23-07 to 11-23-10.


  2. 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.


  3. The director may issue a UIC permit for any period of time,
    not to exceed five years.


  4. 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.


  5. 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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§11-23-17
Existing Injection Well Registration



  1. The application procedures for a UIC permit, as stated in
    section 11-23-12, shall apply to owners of existing injection
    well facilities.


  2. 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).


  3. 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).


  4. 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).


  5. 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:




    2. The application is properly completed;

    3. The injected fluids remain non-polluting to drinking water
      sources; and

    4. The existing treatment facility design capacity is not
      exceeded.


  6. 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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11-23-18 Monitoring and
Reporting Requirements



  1. 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.


  2. 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.


  3. 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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11-23-19 Plugging and
Abandonment Requirements



  1. 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.


  2. 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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§11-23-20
Revocation, Suspension or Revision of UIC Permits



  1. 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:



    1. There is a violation of any term or condition of the UIC
      permit; or

    2. The UIC permit was obtained by misrepresentation, or
      failure to fully disclose all relevant facts; or

    3. The UIC permit was willfully defaced, altered, forged or
      falsified; or

    4. There is a change in any condition that requires either a
      temporary or permanent reduction or elimination of the
      permitted injection; or

    5. There is a failure to comply with these rules or any other
      applicable rules or laws.


  2. 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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11-23-21 Inspection and
Entry


The director shall have the right:



  1. To enter premises on which any injection well system is
    located;

  2. To inspect any equipment, operation, or sampling of any
    injection well system;

  3. To take effluent samples from any injection well system;
    and

  4. 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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§11-23-22 Penalties


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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11-23-23
Severability


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.


 
























































































    src=””> height=”8″ src=””> src=””>
    JOHN C. LEWIN, M.D.
Director of
Health		   Dated:
         
         
Approved:      
         
      src=””>
    JOHN WAIHEE
Governor
State of
Hawaii		   Dated:
         
         
nowrap=”nowrap”>Approved to as Form:        
         
      src=””>
    Deputy Attorney General   Filed

 


 






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