ARIZONA HOUSE OF REPRESENTATIVES

SB 1494: environment; underground injection control program

PRIME SPONSOR: Senator Griffin, LD 14

BILL STATUS: Chaptered

Abstract

Relating to primacy of the UIC Permit Program.

Provisions

1. Requires ADEQ to:

a. establish the UIC Program, including a permitting process;

b. adopt rules that meet the minimum federal requirements; and

c. use Fund monies to implement and administer the UIC Program. (Sec. 2, 4)

2. Exempts:

a. Class I, II, III, IV and VI UIC permitted wells from obtaining an APP; and

b. Class V wells from the UIC Program if the well has an APP that satisfies the federal UIC requirements, conditional on EPA approval of the UIC Program. (Sec. 3, 4)

3. Permits the ADEQ Director to require any person who has, is or may discharge into the waters of the State under a UIC permit to the collect samples, maintain records and install, use and maintain sampling and monitoring equipment. (Sec. 1)

4. Allows the ADEQ Director to issue compliance orders and the county attorney or the AG to request a temporary restraining order, a preliminary or permanent injunction, or any other relief necessary to protect public health. (Sec. 5, 6)

5. Subjects a person who violates any adopted rule, permit condition or other provisions to a civil penalty of not more than $5,000 per day, per violation.

a. Outlines factors the court must consider in determining the amount of a civil penalty. (Sec. 6)

6. Specifies that a person who knowingly violates any UIC Program requirements for Class II wells may be subject to pipeline or production severance. (Sec. 7)

7. Prohibits ADEQ from recovering penalties for violations of both an APP or UIC permit based on the same act or omission. (Sec. 6)

8. Allows a person that is or may be adversely affected by a violation of any requirement of the UIC Program to intervene as a matter of right in any pending state civil or administrative enforcement action if:

a. the person is named in the State's action; or

b. the purpose is to obtain:

i. a temporary restraining order;

ii. injunctive relief;

iii. civil penalties; or

iv. any combination of prescribed penalties. (Sec. 8)

9. Declares it is unlawful to:

a. commence underground injection or construction of an underground injection well without a permit or authority; and

b. violate any underground injection standard or permit requirement. (Sec. 7)

10. Prohibits any underground injection activity if:

a. it allows movement of fluid containing any contaminant into underground sources of drinking water; and

b. the presence of that contaminate may endanger underground sources of drinking water. (Sec. 4)

11. Adopts relevant SDWA definitions and federal regulations in effect on January 1, 2018. (Sec. 4)

12. Exempts the UIC Program from the statutory requirement that new legislative programs include a 10-year expiration date. (Sec. 4)

13. Makes technical and conforming changes. (Sec. 1, 3-8)

Current Law

The ADEQ Director is required to adopt, by rule, the UIC Program described in the SDWA (A.R.S. § 49-203). The UIC Program protects underground sources of drinking water from endangerment by setting minimum requirements for injection wells. An injection well is used to place fluid underground into porous geologic formations and must be authorized under general rules or specific permits. States and tribes may apply for primacy enforcement responsibility to implement the UIC Program (40 CFR Part 145).

The SDWA classifies injection wells as follows:

o Class I: industrial and municipal waste disposal wells;

o Class II: oil and gas related injection wells;

o Class III: solution mining wells;

o Class IV: shallow hazardous and radioactive waste injection wells (banned);

o Class V: wells that inject non-hazardous fluids into or above underground sources of drinking water; and

o Class VI: geological sequestration wells.

Any person who discharges or owns a facility that discharges, directly or indirectly, any pollutant into waters of the State must obtain an APP from the ADEQ Director. Injection wells are considered discharge facilities and require an individual or general permit (A.R.S. §§ 49-201, 49-241).

The Fund consists of legislative appropriations and fees collected by water quality protection programs. Fund monies must be used for: 1) the issuance of APPs; 2) APP registration fee procedures; 3) dry well registration fee procedures; 4) technical review fee procedures; 5) inspection fee procedures; 6) the issuance of permits under the Arizona Pollutant Discharge Elimination System Program; and 7) operator certification (A.R.S. § 49-210).

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Fifty-third Legislature                  SB 1494

Second Regular Session                               Version 4: Chaptered

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