| (5) Financial responsibility. It shall be a permit
condition that the operator maintain financial responsibility and
resources to plug and abandon the brine mining injection well. The
operator shall show evidence of such financial responsibility to the
commission by submitting a surety bond or letter of credit in a form
prescribed by the commission. Such bond or letter of credit shall
be maintained until the well is plugged in accordance with subsection
(f)(18) of this section.
(6) Corrective action. For all known wells that penetrate
the injection zone within a 1/4 mile radius of the brine mining injection
well and are improperly completed, plugged, or abandoned, the commission
will consider requiring corrective action to prevent movement of fluid
into fresh water strata.
(A) In determining the need for corrective action,
the commission will consider the following factors: nature and volume
of injected fluid; nature of native fluids; potentially affected population;
geology; hydrology; history of the injection operation; completion
and plugging records; abandonment procedures in effect at the time
a well was abandoned; and hydraulic connections with fresh water.
(B) For an existing brine mining injection well requiring
corrective action, any permit issued will include a compliance schedule
leading to compliance with corrective action requirements. The compliance
schedule will require compliance as soon as possible and in no case
later than one year after the effective date of the permit. The permit
will require the operator to submit a written compliance report within
30 days after all required corrective action has been taken.
(C) For a new brine mining injection well, the operator
may not begin injection operations until all required corrective action
has been taken.
(h) Modification, revocation and reissuance, and termination
of permits. A permit may be modified, revoked and reissued, or terminated
by the commission either upon the written request of any interested
person, including the operator, or upon the commission's initiative,
but only for the reasons and under the conditions specified in this
subsection. Except for minor modifications made under paragraph (2)
of this subsection, the commission will follow the applicable procedures
in subsection (i) of this section. In the case of a modification,
the commission may request additional information or an updated application.
In the case of a revocation and reissuance, the commission will require
a new application. If a permit is modified, only the conditions subject
to modification are reopened. The term of a permit may not be extended
by modification. If a permit is revoked and reissued, the entire permit
is reopened and subject to revision, and the permit is reissued for
a new term.
(1) Modification, or revocation and reissuance. The
following are causes for modification, or revocation and reissuance:
(A) material and substantial alterations or additions
to the facility occurred after permit issuance and justify permit
conditions that are different or absent in the existing permit;
(B) the commission receives new information;
(C) the standards or regulations on which the permit
was based have been changed by promulgation of amended standards or
regulations or by judicial decision after the permit was issued;
(D) the commission determines good cause exists for
modifying a compliance schedule, such as a act of God, strike, flood,
materials shortage, or other event over which the operator has little
or no control and for which there is no reasonably available remedy;
(E) cause exists for terminating a permit under paragraph
(3) of this subsection, and the commission determines that modification,
or revocation and reissuance, is appropriate; or
(F) a transfer of the permit is proposed.
(2) Minor modifications. With the operator's consent,
the director may make minor modifications to a permit administratively,
without following the procedures of subsection (i) of this section.
Minor modifications may only:
(A) correct clerical or typographical errors, or clarify
any description or provision in the permit, provided that the description
or provision is not changed substantively;
(B) require more frequent monitoring or reporting;
(C) change construction requirements provided that
any changes shall comply with the requirements of subsection (g)(4)
of this section; or
(D) allow a transfer of the permit where the director
determines that no change in the permit is necessary other than a
change in the name of the operator, provided that a written agreement
between the current operator and the new operator containing a specific
data for the transfer of permit responsibility, coverage, and liability
has been submitted to the commission.
(3) Termination. The following are causes for terminating
a permit during its term, or for denying a permit renewal application:
(A) the operator fails to comply with any condition
of the permit or this section;
(B) the operator fails to disclose fully all relevant
facts in the permit application or during the permit issuance process,
or misrepresents any relevant fact at any time;
(C) a material change of conditions occurs in the operation
or completion of the well, or there are material changes in the information
originally furnished;
(D) the commission determines that the permitted injection
endangers human health or the environment, or that pollution of fresh
water is occurring or is likely to occur as a result of the permitted
injection; or
(E) fluids are escaping from the permitted injection
zone.
(i) Permitting procedures.
(1) Review of applications. Upon receipt of an application
for a permit, the director will review the application for completeness.
Within 30 days after receipt of the application, the director will
notify the applicant in writing whether the application is complete
or deficient. A notice of deficiency will state the additional information
necessary to complete the application, and a date for submitting this
information. The application will be deemed withdrawn if the necessary
information is not received by the specified date, unless the director
has extended this date upon request of the applicant. Upon timely
receipt of the necessary information, the director will notify the
applicant that the application is complete. The director will not
begin processing a permit until the application is complete.
(2) Permit denial. If the director administratively
denies a permit application, a notice of administrative denial will
be mailed to the applicant. The applicant will have a right to a hearing
on request. If the applicant requests a hearing, the notice of administrative
denial will be subject to the same procedures as a draft permit prepared
under paragraph (3) of this subsection.
(3) Draft permits.
(A) A draft permit will be prepared when the director
tentatively decides:
(i) to issue a permit;
(ii) to modify, or revoke and reissue, a permit; or
(iii) to terminate a permit, in which case the director
will prepare a notice of intent to terminate, which is a type of draft
permit.
(B) A draft permit will contain all proposed permit
conditions.
(4) Fact sheets. The director will prepare a fact sheet
to accompany every draft permit that the director finds is the subject
of widespread public interest or raises important issues. The fact
sheet will briefly set forth the principal facts and the significant
factual, legal, methodological, and policy questions considered in
preparing the draft permit. The fact sheet will include information
satisfying the requirements of 40 Code of Federal Regulations §124.8(b).
(5) Notice.
(A) The commission will give notice when a draft permit
is prepared under paragraph (3) of this subsection, and when a hearing
is scheduled under paragraph (7) of this subsection.
(B) Notice will be given by the methods specified in
this subparagraph.
(i) A copy of the notice will be mailed to the following
persons:
(I) any agency that the commission knows has issued
or is required to issue a permit for the same facility under any federal
or state environmental program;
(II) the United States Environmental Protection Agency;
(III) persons on a mailing list developed according
to 40 Code of Federal Regulations §124.10(c)(1)(viii);
(IV) any unit of local government having jurisdiction
over the area where the facility is or is proposed to be located,
and each state agency having any authority under state law with respect
to the construction or operation of the facility;
(V) the operator; and
Cont'd... |
