Section 704.282  Protection of Underground Sources of Drinking Water

This Subpart I requires that an owner or operator of a Class V injection well must not allow movement of fluid into USDWs that might cause endangerment of the USDW, that the owner or operator must comply with the UIC requirements in this Part and 35 Ill. Adm. Code 702 and 730, that the owner or operator must comply with any other measures required by the State or USEPA to protect USDWs, and that the owner or operator must properly close its well when the owner or operator is through using it.  The owner or operator also must submit basic information about its well, as described in Section 704.283.

a)         Prohibition of Fluid Movement

1)         As described in Section 704.122(a), an owner's or operator's injection activity cannot allow the movement of fluid containing any contaminant into USDWs if the presence of that contaminant may cause a violation of the primary drinking water standards under 35 Ill. Adm. Code 611, may cause a violation of other health-based standards, or may otherwise adversely affect the health of persons.  This prohibition applies to the owner's or operator's well construction, operation, maintenance, conversion, plugging, closure, or any other injection activity.

2)         If the Agency learns that an owner's or operator's injection activity may endanger a USDW, the Agency may require the owner or operator to close its well, require the owner or operator to get a permit, or require other actions listed in Section 704.122(c), (d), or (e).

b)         Closure Requirements.  An owner or operator must close the well in a manner that complies with the above prohibition of fluid movement.  Also, the owner or operator must dispose of or otherwise manage any soil, gravel, sludge, liquids, or other materials removed from or adjacent to its well in accordance with all applicable federal, State, and local regulations and requirements.

c)         Other Requirements in this Part and 35 Ill. Adm. Code 702 and 730.  Beyond this Subpart I, the owner and operator are subject to other UIC program requirements in this Part and 35 Ill. Adm. Code 702 and 730.  While most of the relevant requirements are repeated or referenced in this Subpart I for convenience, the owner or operator needs to read all of this Part and 35 Ill. Adm. Code 702 and 730 to fully understand the entire UIC program.

d)         Other State Requirements.  This Part and 35 Ill. Adm. Code 702 and 730 define minimum federally-derived UIC requirements.  The Agency has the flexibility to establish additional or more stringent requirements based on the authorities in this Part, 35 Ill. Adm. Code 702 and 730, and the Act, if such additional requirements are determined to be necessary to protect USDWs.  The owner and operator must comply with any such additional requirements.  The owner or operator should contact the Agency to learn more.

BOARD NOTE:  Derived from 40 CFR 144.82 (2017).

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