WAC 173-218-070   Rule authorization and registration.  In order to receive rule authorization, your well must meet the nonendangerment standard (see WAC 173-218-080 and 173-218-090) and must be registered with the department unless otherwise noted below. If your UIC well is rule authorized, it does not need a state waste discharge permit to operate. Rule authorization can be rescinded if a UIC well no longer meets the nonendangerment standard of this chapter.

     (1) Registering your UIC well:

     (a) The UIC well owner or operator must register the UIC well with the department and the wells only need to be registered once. Registration forms are available for single and multiple sites and can be found on the department's web site at http://www.ecy.wa.gov/programs/wq/grndwtr/uic. When completing the form, the following information must be included:

     (i) Operator/owner information;

     (ii) Site location;

     (iii) Best management practices used to protect ground water quality;

     (iv) UIC well description;

     (v) Other information the department determines is necessary to meet the nonendangerment standard.

     (b) Owners of UIC wells used to manage storm water must:

     (i) Complete a well assessment for existing wells (see WAC 173-218-090) except for UIC wells authorized for use at CERCLA facilities; and

     (ii) Provide to the department an annual update on any well status changes, such as a change in the legal owner or if the well has been closed, after the initial well registration is sent to the department.

     (c) Owners of existing UIC wells that are not used for storm water management must complete a survey provided by the department except for wells in WAC 173-218-100 and UIC wells authorized for use at CERCLA facilities.

     (d) UIC wells on tribal land must be registered with the Environmental Protection Agency, Region 10. Tribal land means the land within Indian reservations and federal land located off-reservation which is held in trust for Indians, unless specifically delegated by EPA.

     (e) UIC wells at single-family homes that only receive residential roof runoff, or are used to control basement flooding, do not have to register with the department.

     (f) Septic systems that serve twenty or more people per day or an equivalent design capacity of 3,500 gallons or larger per day that receive operating permits, meet the requirements and are permitted in accordance with chapter 246-272B WAC Large on-site sewage system regulations will be registered after the Washington state department of health provides to the department:

     (i) Registration information for all systems with valid operating permits as of the effective date of this chapter; and

     (ii) Annual updates on newly permitted systems and closed systems.

     (g) The following types of Class V UIC wells that require an associated permit still need to register with the department:

     (i) Aquifer recharge wells that meet the requirements and are permitted in accordance with chapter 173-157 WAC Underground artificial storage and recovery;

     (ii) Septic systems that serve twenty or more people per day or an equivalent design capacity of 3,500 gallons or larger per day that meet the requirements and are permitted in accordance with chapter 246-272A WAC On-site sewage systems;

     (iii) UIC wells used for geothermal fluid return flow into the same aquifer and that meet chapter 173-200 WAC Water quality standards for ground waters of the state of Washington and chapter 173-216 WAC State waste discharge permit program requirements; and

     (iv) UIC wells that are used as part of a reclaimed water project that meet the requirements of the water reclamation and reuse standards as authorized by RCW 90.46.042.

     (2) The department will determine if the UIC well is rule authorized based on the information provided in the registration packet and will take one of the following actions within sixty days:

     (a) Provide written notification that your UIC well is registered and rule authorized;

     (b) Contact you or conduct a site visit if additional information is needed;

     (c) Provide written notification if rule authorization of your UIC well is denied. The denial letter will include one of the following:

     (i) Written notification that improvements to your on-site practices are needed to meet the nonendangerment standards for rule authorization;

     (ii) Written notification indicating that you must decommission the UIC well (see WAC 173-218-120); or

     (iii) Written notification indicating that you will have to apply for a state waste discharge permit to operate your UIC well under chapter 173-216 WAC State waste discharge permit program.

     (d) If you do not hear from the department within sixty days, the well will be automatically registered.

     (3) Class IV wells that are not prohibited (see WAC 173-218-040) are rule authorized, after the UIC well is registered, for the life of the well if such subsurface emplacement of fluids is authorized under the Comprehensive Environmental Response, Compensation, and Liability Act or the Resource Conservation Recovery Act, 40 CFR 144.23(c).



[Statutory Authority: Chapters 43.21A and 90.48 RCW. 06-02-065 (Order 01-10), § 173-218-070, filed 1/3/06, effective 2/3/06. Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-070, filed 2/29/84.]