Assigned to NREW AS
PASSED BY COW
Assigned to NREW AS
PASSED BY COW
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
environment; underground injection control program
Purpose
Requires the Arizona Department of Environmental Quality (ADEQ) to establish an Underground Injection Control (UIC) Permit Program and outlines permissions, exemptions and prohibitions relating to underground injection.
Background
ADEQ is responsible for coordinating the protection and enhancement of the quality of water resources in Arizona (A.R.S. § 49-104). Current statute requires the Director of ADEQ to adopt in rule the permit program for underground injection described by the United States Environmental Protection Agency (EPA) through the Safe Drinking Water Act (SDWA) (A.R.S. § 49-203).
The SDWA establishes the federal UIC Program and creates standards and regulations for underground injection. The SDWA classifies injection wells as follows:
Class I: deep hazardous and non-hazardous waste injection;
Class II: enhanced recovery and brine disposal associated with oil and natural gas;
Class III: mineral recovery;
Class IV: shallow hazardous or radioactive waste injection;
Class V: other injection wells, such as septic systems and drywells; and
Class VI: carbon sequestration.
Current statute requires any individual who discharges or owns a facility that discharges to obtain an Aquifer Protection Permit (APP). Injection wells are considered discharging facilities and require either an individual permit or a general permit (A.R.S. § 49-241).
The Water Quality Fee Fund (WQFF) consists of monies appropriated by the Legislature and various fees collected by ADEQ. Monies in the WQFF are currently used for: 1) issuing APPs; 2) APP registration fee procedures; 3) dry well registration fee procedures; 4) technical review fee procedures; 5) inspection fee procedures; 6) issuing permits under the Arizona Pollutant Discharge Elimination System Program; and 7) operator certification (A.R.S. § 49-210).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Implementation
1. Requires ADEQ to establish a UIC Permit Program that meets the minimum federal requirements for permitting injection wells in Arizona.
2. Requires the Director of ADEQ to adopt rules for establishing and operating the UIC Permit Program.
3. Outlines various permissions for the Director of ADEQ regarding the UIC Permit Program.
4. Requires ADEQ to use monies from the WQFF for implementing and administering the UIC Permit Program.
5. Adopts by reference, the definitions from SDWA related to the federal UIC program and the definitions in the implementing regulations from the Code of Federal Regulations to the UIC Permit Program.
Prohibitions & Violations
6. Prohibits a person from constructing a well that requires a UIC permit until the UIC permit is issued or authorization is given.
7. Deems it unlawful to:
a) commence underground injection or construction of an underground injection well without a permit or other appropriate authority; and
b) violate any underground injection standard or permit requirement.
8. Prohibits underground injection unless it is into an authorized well.
9. Prohibits underground injection activities if:
a) fluid that contains any contaminant is moved into underground sources of drinking water; and
b) the presence of the contaminant may endanger the source of drinking water.
10. Subjects any violation of the UIC Permit Program rules, permit conditions and other related provisions to a civil penalty of not more than $5,000 per day per violation.
11. Stipulates that an individual who is in violation of any UIC Permit Program requirement for Class II wells may be subject to pipeline or production severance.
12. Allows a person who is or may be adversely affected by a violation of UIC Permit Program requirements to intervene as a matter of right in a pending state or civil administrative enforcement action if:
a) the person is adversely affected by the violation that is named in the state's action; and
b) the purpose of intervening is to obtain:
i. a temporary restraining order;
ii. injunctive relief;
iii. civil penalties; or
iv. any combination of the prescribed remedies.
13. Outlines factors the court must consider when determining the amount of a civil penalty.
14. Prohibits ADEQ from recovering two penalties based on the same violation for permittees who have a UIC permit and an APP.
Exemptions
15. Provides that:
a) Class I, II, III, IV and VI wells are exempt from receiving an APP if they have a UIC permit; and
b) Class V wells are exempt from receiving a UIC permit if they have an APP that satisfies federal requirements.
16. Conditions the enactment of the APP exemption on EPA approval of the UIC Permit Program.
Miscellaneous
17. Exempts the UIC Permit Program from the statutory requirement that a new program include an expiration date within 10 years.
18. Makes technical and conforming changes.
19. Becomes effective on the general effective date, with the conditional enactment as noted.
Amendments Adopted by Committee of the Whole
· Makes technical changes to conform to federal language.
Senate Action
NREW 2/05/18 DP 5-3-0
Prepared by Senate Research
February 19, 2018
KK/JN/lat