For any subsurface discharge excepting a special process discharge.
(a) The permittee is required to conduct the operation in accordance with statements, representations and procedures presented in the complete permit application and supporting documents, as accepted and approved by the Administrator.
(b) The subsurface discharge authorized by permit shall be consistent with the conditions and content of the permit; any modifications that will result in a violation of permit conditions shall be reported by submission of a new or amended permit application and shall not be implemented until a new or modified permit has been issued.
(c) After notice and opportunity for a hearing, a permit may be modified, suspended or revoked in whole or part during its term for cause that includes, but is not limited to, any of the following: - (i) Violation of the permit;
- (ii) Obtaining a permit by misrepresentation or failure to fully disclose all relevant facts;
- (iii) A change in any condition that indicates failure of the discharge well or system.
(d) A permit may be modified in whole or part in order to apply more, or less, stringent standards; or prohibitions for a toxic or other substance present in the permittee's discharge, as may be ordered by the Council.
(e) All issued permits shall contain the following: - (i) Authorization for the Director or his representative, upon presentation of his credentials and during normal working hours, to enter the permittee's premises, inspect the discharge and related facilities, review and copy reports and records required by the permit, collect fluid samples for analyses, measure and record water levels and perform any other function authorized by law or regulation.
- (ii) Authorization for the permittee to discharge into an identified receiver during a subsurface discharge operation.
- (iii) A requirement that each discharge well and associated discharge facilities have mechanical integrity, determined by methods or procedures approved by the Administrator that demonstrate the unimpaired condition of the facility or the absence of leaks in casing and tubing, and mechanical integrity of all wells and systems be maintained continuously. An approved method or procedure shall reflect the current state of the art in the monitoring of mechanical integrity, in an economically viable manner.
- (iv) A requirement that the operation of any well or system that does not have mechanical integrity, or is in disrepair, be discontinued until mechanical integrity has been restored.
- (v) A requirement that immediately following the permanent cessation of subsurface discharge or related activity, or where a well is not completed, the applicant shall notify the Director and follow the procedures prescribed by the Director for plugging and abandonment or discontinuance of related activities.
- (vi) A requirement that the discharge or injection pressure be controlled to prevent fracturing of the confining strata above and below the discharge zone.
- (vii) A requirement that the discharge or injection pressure, and annulus pressure, of a pressure-operated discharge well be monitored on a continuous basis.
- (viii) A requirement that water quality of any groundwater in the area of review be monitored at regular intervals.
- (ix) Provisions for such measures as the Director finds necessary to ensure the availability of adequate financial resources for dealing with discharge wells or systems that either are improperly abandoned or may otherwise cause pollution and contamination of groundwater sources, and with incomplete or inadequate groundwater pollution reduction or elimination.