40 C.F.R. § 144.25

Requiring a permit

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(a) The Director may require the owner or operator of any Class I, II, III or V injection well which is authorized by rule under this subpart to apply for and obtain an individual or area UIC permit. Cases where individual or area UIC permits may be required include:

(1) The injection well is not in compliance with any requirement of the rule;

Note:

Any underground injection which violates any authorization by rule is subject to appropriate enforcement action.

(2) The injection well is not or no longer is within the category of wells and types of well operations authorized in the rule;

(3) The protection of USDWs requires that the injection operation be regulated by requirements, such as for corrective action, monitoring and reporting, or operation, which are not contained in the rule.

(4) When the injection well is a Class I, II (except existing enhanced recovery and hydrocarbon storage) or III well, in accordance with a schedule established by the Director pursuant to § 144.31(c).

(b) For EPA-administered programs, the Regional Administrator may require an owner or operator of any well which is authorized by rule under this subpart to apply for an individual or area UIC permit under this paragraph only if the owner or operator has been notified in writing that a permit application is required. The owner or operator of a well which is authorized by rule under this subpart is prohibited from injecting into the well upon the effective date of permit denial, or upon failure by the owner or operator to submit an application in a timely manner as specified in the notice. The notice shall include: a brief statement of the reasons for requiring a permit; an application form; a statement setting a time for the owner or operator to file the application; and a statement of the consequences of denial or issuance of the permit, or failure to submit an application, as described in this paragraph.

(c) An owner or operator of a well authorized by rule may request to be excluded from the coverage of this subpart by applying for an individual or area UIC permit. The owner or operator shall submit an application under § 144.31 with reasons supporting the request, to the Director. The Director may grant any such requests.

[48 FR 14189, Apr. 1, 1983, as amended at 49 FR 20182, May 11, 1984; 58 FR 63896, Dec. 3, 1993]

Notes of Decisions

Cited in 2 cases, 1984–1992 · leading case: Matter of Romero & Busot, Inc., 785 F. Supp. 27 (D.P.R. 1992).

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Matter of Romero & Busot, Inc., 785 F. Supp. 27 (D.P.R. 1992). · cites it 2× “part 142 or may otherwise adversely affect the health of persons); and 40 C.F.R. 144.25 (requiring a UIC permit), ordered Romero to submit either a permit application or a closure plan within thirty days, and proposed a civil penalty of $29,500.”

Opinion No. (1984) (Mo. Att'y Gen. 1984). “40 CFR Section 144.25 . In Missouri Class V wells are regulated by three different mechanisms depending on the type of well.”

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