Section 25159.16 Of Article 5.6. The Toxic Injection Well Control Act Of 1985 From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 5.6.
25159.16
. (a) If the department or regional board determines that
there is migration of hazardous waste constituents, or a threat of
migration of hazardous waste constituents, from an injection well
into any strata or waters of the state outside the injection zone,
the department shall prohibit the discharge of any hazardous waste
into the injection well until removal and remedial actions have been
conducted to abate the migration or threat.
(b) The department shall determine, after the remedial and removal
actions required pursuant to subdivision (a) are completed, whether
the injection well should be continued to be used for the discharge
of hazardous wastes. The department shall not approve the continued
use of the injection well for the discharge of hazardous waste unless
the department makes both of the following determinations:
(1) The removal or remedial action abated the contamination, or
threat of contamination, from the migration or threat of migration.
(2) There is no potential, in continuing the operation of the
injection well, for any future migration of hazardous waste
constituents, from that portion of the injection well located above
the injection zone, or from the injection zone.
The department shall make these determinations pursuant to a
public hearing for which the department shall provide notice to all
residents in the affected area, as determined by the department, and
by mail to all persons listed on any mailing lists compiled by the
department, using any appropriate mailing lists compiled by the
regional board.
(c) If the department determines, pursuant to subdivision (b),
that an injection well should not continue to be used for the
discharge of hazardous wastes, the department shall require that all
hazardous waste discharges be permanently terminated at the well and
that the owner of the well take all actions necessary to prepare the
injection well for closure pursuant to subdivision (d) and for
postclosure maintenance which are required pursuant to the Federal
Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901
et seq.), the regulations adopted by the United States Environmental
Protection Agency pursuant to the Safe Drinking Water Act for proper
closure, plugging, and monitoring of injection wells, and the
regulations adopted by the state board and the department for closure
of hazardous waste management units.
(d) Before any injection well used for the discharge of hazardous
waste is closed, the department shall require the owner to certify
that the well is in a state of static equilibrium, all defects or
damages in the well casing are corrected prior to closure, that
closure is sufficient to prevent the movement of fluids from the
injection zone, and that all closure will commence within six months
from the date the department orders closure. The injection well shall
also be closed in accordance with the following requirements:
(1) Fluids and gases shall be confined to the stratum in which
they occur by the use of cement grout or other suitable material. The
amount, type, kind of material, and method of placement shall be
approved by the department and the well shall be filled from bottom
to top with the approved material.
(2) No well shall be sealed without the prior approval of the
department. The person responsible for well closure shall submit a
sealing plan to the department at least 90 days prior to the proposed
date of sealing. The department may require that a representative of
the department observe that sealing.
(e) The department shall consult with the regional board and the
Division of Oil and Gas, where necessary, to fulfill the requirements
of subdivision (d).
(f) This section applies only to injection wells into which
hazardous waste is discharged.