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CHAPTER 61.
Department of Health and Environmental Control
SECTION 87.
Underground Injection Control Regulations .
SUBSECTION 13.
Permitting Requirements for Class II, III, IV(2)(a), and V. A. Wells.
61-87.13. Permitting Requirements for Class II, III, IV(2)(a), and V. A. Wells.
A. A permit shall be obtained from the Department prior to constructing, operating, or using any Class II, III, IV(2)(a) or V. A. well for injection.
B. All permit applications shall be signed as follows:
(1) For a corporation: by a principal executive officer of at least the level of vice-president;
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or,
(3) For a municipality, state, federal or other public agency: by either a principal executive officer or ranking elected official.
C. The person signing the application certifies the well will be operated in accordance with approved specifications and conditions of the permit.
D. All reports required by permits, other information requested by the Department, and all permit applications submitted for Class II wells under the UIC program shall be signed by a person described in paragraph B of this section, or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described in paragraph B. of this section;
(2) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);
(3) The written authorization is submitted to the Department.
E. If an authorization under D. of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of D. of this section must be submitted to the Department prior to or together with any reports, information, or applications to be signed by an authorized representative.
F. Any person signing a document under paragraphs B., D., or E. of this section shall make the following certification:
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."
G. An application shall be submitted in triplicate to the Department on forms furnished by the Department and shall include the following:
(1) Class II and III Wells;
(a) The activities conducted by the applicant which require it to obtain a permit.
(b) Name, mailing address, and location of the facility for which the application is submitted.
(c) Up to four Standard Industrial Codes which best reflect the principal products or services provided by the facility.
(d) The owner's and (if different than the owner) operator's name, address, telephone number, ownership status, and status as federal, state, private, public, or other entity.
(e) A listing of all permits or construction approvals received or applied for under any of the following programs:
(i) Hazardous Waste Management program under RCRA;
(ii) UIC program under SDWA;
(iii) NPDES programs under CWA;
(iv) Prevention of Significant Deterioration (PSD) program under the Clean Air Act;
(v) Nonattainment program under the Clean Air Act;
(vi) National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air Act;
(vii) Ocean dumping permits under the Marine Protection Research and Sanctuaries Act;
(viii) Dredge or fill permits under section 404 of CWA;
(ix) Other relevant environmental permits, including State permits.
(f) A topographic map (or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage or disposal facilities; each well where fluids from the facility are injected underground; and other wells, springs, surface water bodies, mines (surface and subsurface), and quarries in the map area.
(g) A brief description of the nature of the business.
(h) A map showing the injection well(s) for which a permit is sought and the applicable area of review. Within the area of review, the map shall show the name and location of all producing wells, injection wells, abandoned wells, dry wells, and water wells. The map shall also show faults, or other geological discontinuities if known or suspected.
(i) A tabulation of data reasonably available from public records or otherwise known to the applicant on all wells within the area of review included on the map required under paragraph (h) of this section which penetrate the proposed injection zone or, in the case of Class II wells operating over the fracture pressure of the injection formation, all known wells within the area of review which penetrate formations affected by the increase in pressure. Such data shall include a description of each well's type, construction, date drilled, location, depth, record of plugging and completion, and any additional information the Department may require. In cases where the information would be repetitive and the wells are of similar age, type, and construction the Department may elect to only require data on a representative number of wells.
(j) Illustrations (maps, cross-sections, fence diagrams) prepared by a geologist showing:
(i) The regional geologic setting;
(ii) The detailed hydrogeologic structure of the local area;
(iii) The vertical and lateral limits of all underground sources of drinking water, confining zones, and injection zones within the area of review, their position relative to the injection formation and the direction of water movement in every underground source of drinking water and injection zone which may be affected by the proposed injection.
(k) Proposed operating data as follows:
(i) Average and maximum daily rate and volume of fluid to be injected;
(ii) Average and maximum injection pressure; and
(iii) Source and a qualitative analysis and ranges in concentrations of the constituents in the injected fluid;
(l) Proposed formation testing program.
(m) Proposed stimulation program.
(n) Proposed injection procedure.
(o) Drawings of the surface and subsurface construction details of the well.
(p) Plans for meeting the monitoring requirements for the Class proposed.
(q) Expected changes in pressure, formation fluid displacement, and direction of movement of injected fluid.
(r) Contingency plans to cope with all shut-ins or well failures so as to prevent the migration of contaminating fluids into underground sources of drinking water.
(s) A plan for plugging and abandonment that will prevent the movement of fluids either into an underground source of drinking water or from one underground source of drinking water to another.
(t) A certificate that the applicant has assured, through a performance bond or other appropriate means, the resources necessary to close, plug, or abandon the well as required by these  regulations.
(u) The corrective action proposed to be taken as required by these regulations.
(2) Class IV(2)(a) and Class V. A. Wells;
(a) The activities conducted by the applicant which require it to obtain a permit.
(b) Name, mailing address, and location of the facility for which the application is submitted.
(c) The owner's and (if different than the owner) operator's name, address, telephone number, ownership status, and status as federal, state, private, public, or other entity.
(d) A brief description of the nature of the business.
(e) Proposed operating data as follows:
(i) Average and maximum daily rate and volume of fluid to be injected;
(ii) Average and maximum injection pressure; and
(iii) Source and an analysis of the chemical, physical, biological and radiological characteristics of the injected fluid.
(f) Drawings of the surface and subsurface construction details of the well.
H. All applications for a new permit and renewal or transfer of an existing permit shall be filed in sufficient time prior to commencement of well construction, or transfer to allow compliance with all legal procedures.
I. If the Department finds the application is complete, the Department shall prepare a draft permit or issue a notice of intent to deny the application. If the Department finds that the tentative decision to deny or terminate was incorrect, the Department shall withdraw the notice of intent and prepare a draft permit.
J. The Department shall prepare a Statement of Basis for each notice of intent to deny or terminate, and for each draft permit for non-major facilities. A Fact Sheet shall be prepared for each draft permit for a major facility and for each draft permit which the Department finds is the subject of widespread public interest. The Statement of Basis shall briefly describe the derivation of the conditions of the draft permit and the reasons for them or, in the case of notices of intent to deny or terminate, reasons supporting the tentative decision. Fact Sheets prepared when applicable shall include:
(1) A brief description of the type of facility or activity which is the subject of the draft permit;
(2) The type and quantity of fluids which are proposed to be injected;
(3) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions;
(4) Reasons why any requested variances or alternatives to required standards do or do not appear justified;
(5) Name and telephone number of a person to contact for additional information; and,
(6) A description of the procedures for reaching a final decision on the draft permit including:
(a) The beginning and ending dates of the public comment period and the address where comments will be received;
(b) Procedures for requesting a hearing and the nature of that hearing; and,
(c) Any other procedures by which the public may participate in the final decision.
K. The Department will issue a public notice when any of the following actions have occurred:
(1) A permit action has been tentatively denied;
(2) A draft permit has been prepared;
(3) A public hearing has been scheduled; or,
(4) An appeal has been granted.
L. The contents of the public notice will include:
(1) Name, address and phone number of the office processing the permit action;
(2) Name and address of each applicant whose application is being considered;
(3) A brief discussion of the business conducted at the facility;
(4) Name, address and phone number of person from whom interested person may obtain additional information;
(5) The purpose of the hearing;
(6) Reference to the date of previous public notices relating to the permit; and,
(7) A brief description of the comment procedures and the date, time, and place of any hearing that will be held, including procedures to request a hearing.
M. The public notice shall allow at least thirty days for public comment.
N. No public notice will be issued for Class V.B. Wells or non-major Class V.A. Wells. No public notice will be issued for other classes of wells when a request for permit modification, revocation and reissuance, or termination is denied. In such cases, written notice only will be given to the requestor and permittee.
O. The Department will hold a public hearing whenever the Department finds, on the basis of requests, a significant degree of public interest in draft permits and whenever such hearing might clarify one or more issues involved in the permit decision. Public notice of a public hearing may be given at the same time as public notice of a draft permit and the two notices combined.
P. Public notices will be circulated in the geographical area of the proposed facility at least thirty days prior to the date of the hearing:
(1) By posting a copy of the notice at the Courthouse in the county in which the facility is located;
(2) By publishing the notice three times in a newspaper having general circulation in the said county;
(3) By mailing to all appropriate government agencies;
(4) By mailing to any person or group upon request; and,
(5) By mailing a copy to all persons on the Department's mailing lists for receiving such notices.
Q. The Department shall issue a final permit decision after the close of the public comment period. A final permit decision shall become effective thirty days after serving notice of the final decision to the applicant and each person who has submitted written comments or requested notice of the final permit decision; unless:
(1) A later date is specified by the Department; or,
(2) A participant in the public hearing or public review process petitions the decision within thirty days after the final decision is issued; or,
(3) No comments requested a change in the draft permit, in which case the permit shall become final upon issuance.
R. The Department will respond to comments received at the time a final permit is issued. The response will be made available to the public and include:
(1) Which provisions, if any, of the draft permit have been changed in the final permit decision and the reasons for the changes; and,
(2) A description and response to all significant comments on the draft permit raised during the public comment period or during any hearing.
S. All records, reports and information required to be submitted to the Department; public comment on these records, reports or information; and the draft and final permits shall be disclosed to the public unless the person submitting the information can show that such information, if made public, would disclose methods or processes entitled to protection as trade secrets. The Department shall determine which information is entitled to confidential treatment. In the event the Department determines that such information is entitled to confidential treatment, the Department shall take steps to protect such information from disclosure. The Department shall submit the information considered to be confidential in the Department's determination of confidentiality.
T. The Department shall:
(1) Provide facilities for the inspection of information relating to UIC permit applications and permits;
(2) Ensure the employees handle requests for such inspections promptly; and,
(3) Ensure that copying machines or devices are available for a reasonable fee.
U. Injection may not commence until construction is complete, the permittee has submitted notice of completion of construction to the Department, and the Department has inspected or otherwise reviewed the injection well and finds it in compliance with these regulations.
(1) Prior to granting approval for the operation of any injection well, the Department shall require a satisfactory demonstration of mechanical integrity pursuant to these regulations.
(2) Prior to granting approval for the operation of any injection well, the Department shall consider the following information when such information is required by these regulations:
(a) All available logging and testing data on the well;
(b) The proposed operating procedures;
(c) The results of the formation testing program; and,
(d) The status of corrective action on defective wells in the area of review.
V. The Department may establish maximum injection volumes and pressures and such other permit conditions as necessary to assure that fractures are not initiated in the confining zone adjacent to an underground source of drinking water; that injected fluids do not migrate into underground sources of drinking water; that formation fluids are not displaced into any underground sources of drinking water; and to assure compliance with operating requirements.
W. A permit shall be issued for a period not to exceed ten years from the date of issuance for a Class IV(2)(a) and Class V. A. wells. On expiration of the permit, the permit shall become invalid unless a complete application is made, prior to the expiration date, for a renewal of the subject permit. For Class II and III wells the permit shall be issued for a period up to the operating life of the facility. The Department shall review each issued Class II or III U.I.C. permit at least once every five years to determine whether it should be modified, revoked and reissued, or terminated.
X. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.
(1) It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.
(2) The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the permit.
(3) The permittee shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility.
(4) The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.
(5) Monitoring results shall be reported at the intervals specified elsewhere in the permit.
(6) Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of the permit shall be submitted no later than 14 days following each schedule date.
(7) Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Department, it shall promptly submit such facts or information.
Y. The permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
(1) Causes for permit modification or revocation and reissuance:
(a) There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit;
(b) The Department has received information not available at the time of permit issuance that would have justified application of different permit conditions at the time of issuance. This cause shall include any information indicating that cumulative effects on the environment are unacceptable;
(c) The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued. The Department may determine good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonable available remedy.
(2) The Department may terminate a permit during its term or deny a permit renewal application for the following causes:
(a) Noncompliance by the permittee with any condition of the permit;
(b) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; or
(c) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit termination.
(d) The Department shall follow the procedures as prescribed in Section 48-1-50 of the 1976 South Carolina Code of laws.
Z. The permit does not convey any property rights of any sort, or any exclusive privilege.
AA. The permittee shall furnish to the Department any information which the Department may request to determine whether cause exists for modifying, revoking and reissuing or terminating the permit, or to determine compliance with the permit. The permittee shall also furnish to the Department, upon request, copies of records required by the permit to be kept.
BB. The permittee shall allow the Department, or an authorized representative, upon their presentation of credentials to:
(1) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of the permit;
(2) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;
(3) Inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and,
(4) Sample or monitor, at reasonable times, for the purposes of assuring permit compliances or as otherwise authorized, any substances or parameters.
CC. The permittee shall:
(1) Retain copies of records of all monitoring information, including all calibration and maintenance records, all original strip chart recordings for continuous monitoring instrumentation and copies of all reports required by the permit, for a period of at least three years from the date of the sample, measurement, report or application. This period may be extended up to five years by request of the Department at any time. Records of monitoring information shall include:
(a) The date, exact place, and time of sampling or measurements;
(b) The individual(s) who performed the sampling or measurements;
(c) The date(s) analyses were performed;
(d) The individual(s) who performed the analyses;
(e) The analytical techniques or methods used; and,
(f) The results of any such sampling, measurements and analyses.
(2) Retain all records concerning the nature and composition of injected fluids until five years after completion of any plugging and abandonment. The Department may require the owner or operator to deliver the records to the Department at the conclusion of the retention period.
DD. The permit shall not be transferable to any person except after notice to and approval by the Department. The Department may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be appropriate.
EE. The permittee shall report any monitoring or other information which indicates that any contaminant may cause an endangerment to an underground source of drinking water and any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between underground sources of drinking water. The permittee shall immediately stop injection upon determination that the injection system has malfunctioned and could cause fluid migration into or between underground sources of drinking water. The permittee shall not restart the injection system until the malfunction has been corrected and written approval is issued by the Department. The information shall be provided, to the Department, orally within eight hours of the occurrence. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if the cause for the noncompliance has not been corrected, the anticipated time required for correction, and any steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance.
HISTORY: Added by State Register Volume 7, Issue No. 6, eff June 24, 1983. Amended by State Register Volume 14, Issue No. 3, eff March 23, 1990; State Register Volume 24, Issue No. 11, eff November 24, 2000.
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