[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR144.12]

[Page 627]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 144--UNDERGROUND INJECTION CONTROL PROGRAM--Table of Contents
 
                 Subpart B--General Program Requirements
 
Sec. 144.12  Prohibition of movement of fluid into underground sources of drinking water.

    (a) No owner or operator shall construct, operate, maintain, 
convert, plug, abandon, or conduct any other injection activity in a 
manner that allows the movement of fluid containing any contaminant into 
underground sources of drinking water, if the presence of that 
contaminant may cause a violation of any primary drinking water 
regulation under 40 CFR part 142 or may otherwise adversely affect the 
health of persons. The applicant for a permit shall have the burden of 
showing that the requirements of this paragraph are met.
    (b) For Class I, II and III wells, if any water quality monitoring 
of an underground source of drinking water indicates the movement of any 
contaminant into the underground source of drinking water, except as 
authorized under part 146, the Director shall prescribe such additional 
requirements for construction, corrective action, operation, monitoring, 
or reporting (including closure of the injection well) as are necessary 
to prevent such movement. In the case of wells authorized by permit, 
these additional requirements shall be imposed by modifying the permit 
in accordance with Sec. 144.39, or the permit may be terminated under 
Sec. 144.40 if cause exists, or appropriate enforcement action may be 
taken if the permit has been violated. In the case of wells authorized 
by rule, see Secs. 144.21 through 144.24. For EPA administered programs, 
such enforcement action shall be taken in accordance with appropriate 
sections of the SDWA.
    (c) For Class V wells, if at any time the Director learns that a 
Class V well may cause a violation of primary drinking water regulations 
under 40 CFR part 142, he or she shall:
    (1) Require the injector to obtain an individual permit;
    (2) Order the injector to take such actions (including, where 
required, closure of the injection well) as may be necessary to prevent 
the violation. For EPA administered programs, such orders shall be 
issued in accordance with the appropriate provisions of the SDWA; or
    (3) Take enforcement action.
    (d) Whenever the Director learns that a Class V well may be 
otherwise adversely affecting the health of persons, he or she may 
prescribe such actions as may be necessary to prevent the adverse 
effect, including any action authorized under paragraph (c) of this 
section.
    (e) Notwithstanding any other provision of this section, the 
Director may take emergency action upon receipt of information that a 
contaminant which is present in or likely to enter a public water system 
or underground source of drinking water may present an imminent and 
substantial endangerment to the health of persons. If the Director is an 
EPA official, he must first determine that the appropriate State and 
local authorities have not taken appropriate action to protect the 
health of such persons, before taking emergency action.

[48 FR 14189, Apr. 1, 1983, as amended at 52 FR 20676, June 2, 1987]