WAC 173-218-060   Requirements to operate a UIC well.  To operate an existing or new UIC well in Washington, the UIC well must be registered and either rule authorized or receive a state waste discharge permit from the department to operate, except as noted below, and the following must be met:

     (1) Class I UIC wells are prohibited and must be decommissioned.

     (2) Class II UIC wells must be registered and have a state waste discharge permit issued by the department to operate, and the following must occur:

     (a) The well must be reported to the department of natural resources in accordance with the provisions of chapter 344-12 WAC General rules by any person who proposes to conduct or is conducting a Class II injection well operation, as defined in chapter 173-218 WAC;

     (b) The department of natural resources will perform review, evaluation, and approval in accordance with the provisions of chapter 344-12 WAC General rules; and

     (c) The department of ecology will process a Class II injection well application, in accordance with applicable requirements as contained in 40 Code of Federal Regulations Parts 124 and 144 as published in Federal Register Volume 48, #64 (April 1, 1983) and Part 146 as published in Federal Register Volume 45, #123 (June 24, 1980), Volume 46, #166 (August 27, 1981) and Volume 47, #23 (February 3, 1982).

     (3) Class III UIC wells are prohibited and must be decommissioned.

     (4) Class IV UIC wells that are not prohibited (see WAC 173-218-040) must be registered and approved under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or the Resource Conservation and Recovery Act (RCRA), 40 CFR 144.13 (a)(4)(c). Approved Class IV UIC wells are wells used at:

     (a) CERCLA sites conducting a cleanup under an EPA order, consent order or consent decree or where the cleanup is being conducted by EPA; or

     (b) RCRA sites conducting a cleanup under an order, agreed order or consent decree.

     (5) Class V UIC wells, except as noted below, must be registered and either rule authorized (see WAC 173-218-070) or receive a state waste discharge permit issued by the department to operate including wells used in independent remedial actions under MTCA. The following Class V wells do not need a permit but do have to register with the UIC program if they are authorized in accordance with:

     (a) CERCLA conducting a cleanup under an EPA order, consent order or consent decree or where the cleanup is being conducted by EPA; and

     (b) RCRA or MTCA conducting a cleanup under a MTCA order, agreed order or consent decree or where the cleanup is being conducted by the department.



[Statutory Authority: Chapters 43.21A and 90.48 RCW. 06-02-065 (Order 01-10), § 173-218-060, filed 1/3/06, effective 2/3/06. Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-060, filed 2/29/84.]