014.04.05 Ark. Code R. § 001

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 014.04.05 Ark. Code R. § 001
• Year: 2023

17.101. TITLE AND PURPOSE

(A) The following rules and regulations of the Arkansas Pollution Control and Ecology Commission adopted pursuant to the provisions of the Arkansas Water and Air Pollution Control Act, Ark. Code Ann. § 8Title8-4-101 et seq., shall be known as the ARKANSAS UNDERGROUND INJECTION CONTROL CODE, hereinafter called the UIC Code.

(B) It is the purpose of this UIC Code to adopt underground injection control (UIC) regulations necessary to qualify the State of Arkansas to retain authorization for its Underground Injection Control Program pursuant to the Safe Drinking Water Act of 1974, as amended 42 USC 42Definitions300f et seq. In order to retain program authorization, it is necessary for the Arkansas Pollution Control and Ecology Commission to have regulations as stringent as the federal program administered by the United States Environmental Protection Agency.

17.201. DEFINITIONS

When used in this UIC Code:

Abandoned well means a well whose use has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose or for observation purposes. (see 40 CFR 40Definitions146.3 -Definitions)

Application means the EPA standard national forms for applying for a permit, including any additions, revisions or modifications to the forms; or forms approved by EPA for use in approved States, including any approved modifications or revisions. For RCRA, application also includes the information required by the Director under §122.25 (contents of Part B of the RCRA application). (see 40 CFR 40Definitions146.3 -Definitions)

Appropriate Act and regulations means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA); or Safe Drinking Water Act (SDWA), whichever is applicable; and applicable regulations promulgated under those statutes. (see 40 CFR 40Definitions144.3 -Definitions)

Aquifer means a geological "formation", group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring. (see 40 CFR 40Definitions144.3 & 146.3-Definitions)

Area of review means the area surrounding an injection well described according to the criteria set forth in §146.06, or in the case of an area permit, the project area plus a circumscribing area the width of which is either 1/4 of a mile or a number calculated according to the criteria set forth in § 146.06. (see 40 CFR 40Definitions144.3 & 146.3-Definitions)

Casing means a pipe or tubing of appropriate material, of varying diameter and weight, lowered into a borehole during or after drilling in order to support the sides of the hole and thus to prevent the walls from caving, to prevent loss of drilling mud into porous ground, or to prevent water, gas, or other fluid from entering or leaving the hole. (see 40 CFR 40Definitions146.3 -Definitions)

Catastrophic collapse means the sudden and utter failure of overlying "strata" caused by removal of underlying materials. (see 40 CFR 40Definitions146.3 -Definitions)

Cementing means the operation whereby a cement slurry is pumped into a drilled hole and/or forced behind the casing. (see 40 CFR 40Definitions146.3 -Definitions)

Cesspool means a "drywell" that receives untreated sanitary waste containing human excreta and which sometimes has an open bottom and/or perforated sides. (see 40 CFR 40Definitions144.3 )

Confining bed means a body of impermeable or distinctly less permeable material stratigraphically adjacent to one or more aquifers. (see 40 CFR 40Definitions146.3 -Definitions)

Confining zone means a geological formation, group of formations, or part of a formation that is capable of limiting fluid movement above an injection zone. (see 40 CFR 40Definitions146.3 -Definitions)

Contaminant means any physical, chemical biological, or radiological substance or matter in water. (see 40 CFR 40Definitions144.3 & 146.3-Definitions)

Department means the Arkansas Department of Environmental Quality.

Director means the Director of the Arkansas Department of Environmental Quality.

Disposal well means a well used for the disposal of waste into a subsurface stratum. (see 40 CFR 40Definitions146.3 -Definitions)

Draft Permit means a document prepared under §124.6 indicating the Director's tentative decision to issue or deny, modify revoke and reissue, terminate, or reissue a "permit". A notice of intent to terminate a permit, and a notice of intent to deny a permit, as discussed in §124.5 are types of "draft permits". A denial of a request for modification revocation and reissuance, or termination, as discussed in §124.5 is not a "draft permit". (see 40 CFR 40Definitions144.3 -Definitions)

Drilling mud means a heavy suspension used in drilling an "injection well", introduced down the drill pipe and through the drill bit. (see 40 CFR 40Definitions144.3 -Definitions)

Drywell means a well, other than an improved sinkhole or subsurface fluid distribution system, completed above the water table so that its bottom and sides are typically dry except when receiving fluids. (see 40 CFR 40Definitions144.3 )

Effective date of a UIC program means the date that a State UIC program is approved or established by the Administrator. (see 40 CFR 40Definitions146.3 -Definitions)

Emergency permit means a UIC "permit" issued in accordance with §144.34. (see 40 CFR 40Definitions144.3 -Definitions)

Environmental Protection Agency ("EPA") means the United States Environmental Protection Agency. (see 40 CFR 40Definitions144.3 & 146.3-Definitions)

Exempted aquifer means an "aquifer" or its portion that meets the criteria in the definition of "underground source of drinking water" but which has been exempted according to the procedures in §144.7. (see 40 CFR 40Definitions144.3 -Definitions)

Existing injection well means an "injection well" other than a "new injection well". (see 40 CFR 40Definitions144.3 & 146.3-Definitions)

Facility or activity means any UIC "injection well", or an other facility or activity that is subject to regulation under the UIC programs. (see 40 CFR 40Definitions144.3 -Definitions)

Fault means a surface or zone of rock fracture along which there has been displacement. (see 40 CFR 40Definitions146.3 -Definitions)

Flow rate means the volume per time unit given to the flow of gases or other fluid substance which emerges from an orifice, pump, turbine or passes along a conduit or channel. (see 40 CFR 40Definitions146.3 -Definitions)

Fluid means any material or substance which flows or moves whether in a semisolid, liquid, sludge, gas or any other form or state. (see 40 CFR 40Definitions144.3 -Definitions)

Formation means a body of consolidated or unconsolidated rock characterized by a degree of lithologic homogeneity which is prevailingly, but not necessarily tabular and is mappable on the earth's surface or traceable in the subsurface. (see 40 CFR 40Definitions144.3 -Definitions)

Formation fluid means "fluid" present in a "formation" under natural conditions as opposed to introduced fluids, such as "drilling mud." (see 40 CFR 40Definitions144.3 & 146.3- Definitions)

Generator means any person, by site location, whose act or process produces hazardous waste identified or listed in 40 CFR part 261. (see 40 CFR 40Definitions144.3 & 146.3-Definitions)

Ground water means water below the land surface in a zone of saturation. (see 40 CFR 40Definitions144.3 & 146.3-Definitions)

Hazardous waste means a hazardous waste as defined in 40 CFR 40Definition of hazardous waste261.3. (see 40 CFR 40Definitions144.3 & 146.3-Definitions)

Hazardous Waste Management facility ("HWM facility") means all contiguous land, and structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (for example, one or more landfills, surface impoundments, or combination of them). (see 40 CFR 40Definitions144.3 & 146.3-Definitions)

Improved sinkhole means a naturally occurring karst depression or other natural crevice found in volcanic terrain and other geological settings (such as limestone or dolomitic terrain) which have been modified by man for the purpose of directing and emplacing fluids into the subsurface. (see 40 CFR...