[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR146.15]

[Page 731]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 146_UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS
--Table of Contents
 
      Subpart B_Criteria and Standards Applicable to Class I Wells
 
Sec.  146.15  Class I municipal disposal well alternative authorization 
in certain parts of Florida.

    (a) Existing Class I municipal disposal wells in specific geographic 
regions as defined in paragraph (f) of this section may continue to 
inject without violating the regulatory prohibitions in Parts 144 and 
146 of this chapter against the movement of injection or formation 
fluids into a USDW, provided that such wells meet the requirements of 
this section, even if the Director determines they have caused or may 
cause fluid movement into a USDW. Nothing in this section excuses such 
Class I municipal disposal wells from meeting all other applicable State 
and Federal requirements including 40 CFR 144.12(a).
    (b) For purposes of this section, an existing Class I municipal 
disposal well is defined as a well for which a complete UIC construction 
permit application was received by the Director on or before December 
22, 2005.
    (c) For purposes of this section, the determination that a Class I 
municipal disposal well has caused or may cause movement of injection or 
formation fluids into a USDW may be made by the Director based on any 
relevant data available to him/her, including ground water monitoring 
data generated pursuant to regulatory requirements governing operation 
of Class I municipal disposal wells.
    (d) In order for a Class I municipal disposal well to qualify for 
authorization to inject pursuant to paragraph (a) of this section, the 
Owner/Operator of that well shall:
    (1) Develop and implement a pretreatment program that is no less 
stringent than the requirements of Chapter 62-625, Florida 
Administrative Code, or have no significant industrial users as defined 
in that chapter.
    (2) Treat the injectate using secondary treatment in a manner that 
is no less stringent than the requirements of Florida Rule 62-
600.420(1)(d), and using high-level disinfection in a manner that is no 
less stringent than the requirements of Florida Rule 62-600.440(5)(a)-
(f), within five years after notification by the Director that the well 
has caused or may cause fluid movement into a USDW.
    (e) Where the Director issued such notice for a well prior to 
December 22, 2005, in order for that well to qualify for authorization 
to inject pursuant to paragraph (a) of this section, the Owner/Operator 
shall:
    (1) Develop and implement a pretreatment program that is no less 
stringent than the requirements of Chapter 62-625, Florida 
Administrative Code, or have no significant industrial users as defined 
in that chapter; and
    (2) Treat the injectate using secondary treatment in a manner that 
is no less stringent than the requirements of Florida Rule 62-
600.420(1)(d), and using high-level disinfection in a manner that is no 
less stringent than the requirements of Florida Rule 62-600.440(5)(a)-
(f), within five years after December 22, 2005.
    (f) Authorization to inject wastewater into existing Class I 
municipal disposal wells pursuant to this section is limited to Class I 
municipal disposal wells in Florida in the following counties: Brevard, 
Broward, Charlotte, Collier, Flagler, Glades, Hendry, Highlands, 
Hillsborough, Indian River, Lee, Manatee, Martin, Miami-Dade, Monroe, 
Okeechobee, Orange, Osceola, Palm Beach, Pinellas, St. Johns, St. Lucie, 
Sarasota, and Volusia.

[70 FR 70531, November 22, 2005]