Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-23-094.

     Title of Rule and Other Identifying Information: Revise chapter 173-218 WAC, Underground injection control (UIC) program, and make a small change to chapter 173-216 WAC, State waste discharge program.

•     The current UIC rule needs to be updated to meet federal changes made in 1999.

•     The current state waste permit program regulation does not apply to injection of fluids through UIC wells regulated by chapter 173-218 WAC. The proposal will bring consistency between the rules that regulate UIC wells, chapters 173-218 and 173-216 WAC.

     Hearing Location(s): Lower Columbia College, Student Center, 1600 Maple, Longview, WA 98632, on August 16, 2005, at 1:30 p.m.; at the Snohomish County PUD, South Office, 21018 Highway 99, Edmonds, WA 98026, on August 18, 2005, at 1:30 p.m.; at the Yakima Convention Center, 10 North 8th Street, Yakima, WA 98901, on August 23, 2005, at 1:30 p.m.; and at the Spokane Downtown Public Library, Room 1-A, West 906 Main Street, Spokane, WA 99202, on August 24, 2005, at 1:30 p.m.

     Date of Intended Adoption: October 15, 2005.

     Submit Written Comments to: Mary Shaleen-Hansen, P.O. Box 47600, Olympia, WA 98504-7600, e-mail maha461@ecy.wa.gov, fax (360) 407-6426, received by 5:00 p.m. on September 15, 2005.

     Assistance for Persons with Disabilities: Contact Mary Shaleen-Hansen, (360) 407-6143, by August 5, 2005, TTY 711 or 1-800-833-6388.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The underground injection control (UIC) program regulates fluids, such as stormwater, that go to ground through UIC wells, such as, dry wells, large on-site septic systems and other infiltration devices.

     Proposed amendments will include:

     (1) Revising the state UIC rule language to bring it current with new federal rule changes.

     (2) Bringing consistency between the rules that regulate UIC wells, chapters 173-218 and 173-216 WAC.

     (3) Clarifying language in the rules.

     Statutory Authority for Adoption: Chapters 43.21A, 90.48 RCW.

     Statute Being Implemented: Chapter 90.48 RCW.

     Rule is necessary because of federal law:    

•     Title 40 Part 144 - Underground Injection Control Program. This part sets forth minimum requirements for the UIC program promulgated under Part C of the Safe Drinking Water Act.

•     Title 40 Part 145 - State UIC Program Requirements. It outlines procedures to follow for EPA to approve, revise and withdraw programs that have been delegated to the states.

•     Title 40 Part 146 - Underground Injection Control Program: Criteria and Standards. This part sets forth the technical standards to follow when implementing the UIC program.

•     Title 40 Part 147 - State Underground Injection Control Programs. This part sets forth the applicable UIC programs for each of the states.

•     Title 40 Part 148 - Hazardous Waste Injection Restrictions.

     Name of Proponent: Department of Ecology, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mary Shaleen-Hansen, Lacey, Washington, (360) 407-6143.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

     The underground injection control (UIC) program regulates fluids, such as stormwater, that go to ground through UIC wells. UIC wells include dry wells, catch basins, large on-site septic systems, and other infiltration devices. The proposed rule amendments include:

     1. Revising the UIC rule language to make chapter 173-218 WAC consistent with new federal rule changes and to better clarify the requirements for new and existing UIC wells.

     2. Allowing UIC wells to be included in a state waste discharge permit, if necessary.

     3. Clarifying language in the rules.

     As required by RCW 19.85.030, ecology is developing and issuing this small business economic impact statement (SBEIS) as part of this rule adoption process. The objective of this SBEIS is to identify and evaluate the various requirements and costs that the proposed rule amendments might impose on business. In particular, the SBEIS examines whether the costs on business that might be imposed by the proposed rule amendments impose a disproportionate impact on the state's small businesses. This is consistent with the legislative purpose of the Regulatory Fairness Act (chapter 19.85 RCW) and is set out in RCW 19.85.011:

     "The legislature finds that administrative rules adopted by state agencies can have a disproportionate impact on the state's small businesses because of the size of those businesses. This disproportionate impact reduces competition, innovation, employment and new employment opportunities, and threatens the very existence of some small businesses."

     The specific purpose and required contents of the SBEIS is contained in RCW 19.85.040.

     (1) A small business economic impact statement must include a brief description of the reporting, recordkeeping, and other compliance requirements of the proposed rule, and the kinds of professional services that a small business is likely to need in order to comply with such requirements. It shall analyze the costs of compliance for businesses required to comply with the proposed rule adopted pursuant to RCW 34.05.320, including costs of equipment, supplies, labor, and increased administrative costs. It shall consider, based on input received, whether compliance with the rule will cause businesses to lose sales or revenue. To determine whether the proposed rule will have a disproportionate impact on small businesses, the impact statement must compare the cost of compliance for small business with the cost of compliance for the ten percent of businesses that are the largest businesses required to comply with the proposed rules using one or more of the following as a basis for comparing costs:

     (a) Cost per employee;

     (b) Cost per hour of labor; or

     (c) Cost per one hundred dollars of sales.

     (2) A small business economic impact statement must also include:

     (a) A statement of the steps taken by the agency to reduce the costs of the rule on small businesses as required by RCW 19.85.030(3), or reasonable justification for not doing so, addressing the options listed in RCW 19.85.030(3);

     (b) A description of how the agency will involve small businesses in the development of the rule; and

     (c) A list of industries that will be required to comply with the rule. However, this subsection (2)(c) shall not be construed to preclude application of the rule to any business or industry to which it would otherwise apply.

     For purposes of an SBEIS, the terms "small business," and "industry" are defined by RCW 19.85.020. "Small business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit, and that has fifty or fewer employees. "Industry" means all of the businesses in this state in any one four-digit standard industrial classification as published by the United States Department of Commerce.

     The proposed UIC well rule amendments developed by ecology as part of this rule-making process will be evaluated in the following sections of this document. Specifically, the following sections contain the information required by the Regulatory Fairness Act, chapter 19.85 RCW.

     2. ANALYSIS OF COMPLIANCE COSTS FOR WASHINGTON BUSINESSES: The SBEIS is intended to analyze the difference between the situation "without the proposed rule amendments" and the expected situation "with the proposed rule amendments." In order to accomplish this comparison, a baseline scenario, which describes the current situation, must be defined. The baseline used in this analysis is the current situation under the federal and state regulations. The reason is that without the proposed rule amendments, the UIC well owners or operators must comply with both the federal regulations and the state regulations.

     In the proposed rule amendments, some changes originated from the federal requirement, some are clarifications of the existing rule with no real change, and some create consistency with other regulations. All of these make no real change from the baseline, and will not have cost impacts on those to comply, so they are not analyzed in detail in this SBEIS. This analysis will only analyze the changes from the baseline that would result in additional costs.

     2.0 Classes of UIC Wells: Each UIC well can be classified into one of the five classes (Class I, II, III, IV, and V UIC wells) defined in the proposed WAC 173-218-040. These definitions are almost the same as the definitions in the federal regulations, and are slightly different from the definitions in the existing rule. However, these small changes of definition would not be expected to impose additional costs to businesses.

     2.1 Impacts on Class I, II, III, and IV UIC Wells: For Class I, II, III, and IV UIC wells, the comparison of the three rules (the existing UIC rule, the proposed UIC rule, and the federal regulations) is listed in Table 2.1. From the table, one can conclude that the proposed rule amendments will have no cost impacts on Class I, II, III, and IV UIC wells in Washington.

Table 2.1 Comparison of the rules and regulations for Class I -- IV UIC wells

Wells	Existing Chapter 173-218 WAC	New Chapter 173-218 WAC	Federal UIC Regulations	Comments	Additional Benefits or Costs
Class I	New: Prohibited Existing: Approval by Department	Both new and existing are prohibited.	Authorized by rule under certain requirements	1. None in Washington. 2. Definition change.	None
Class II(a)	1. Notification 2. Review, evaluation, and approval by the state.	1. Notification 2. Review, evaluation, and approval by the state.	Authorized by rule under certain requirements	2. Role changes of state agencies	None
Class II (b), (c)	Not authorized	1. Notification 2. Review, evaluation, and approval by the state.	Authorized by rule under certain requirements	None in Washington	None
Class III	Not authorized	Not authorized.	Authorized by rule under certain requirements	None in Washington	None
Class IV	Prohibited	Prohibited, except reinjecting treated water back into the same formation.	Authorized by rule under certain requirements		Benefit

     2.2 Impacts on Class V UIC Wells: The majority of UIC wells in Washington are Class V UIC wells, which include all injection wells not included in Class I, II, III, or IV. Class V wells are usually shallow injection wells that inject fluids above the upper most ground water aquifer. Some examples are dry wells, French drains and drain fields used to manage stormwater.

     The requirements of Class V UIC wells under the existing UIC rule are:

     (1) All new Class V injection wells that inject industrial, municipal, or commercial waste fluids into or above an USDW are prohibited.

     (2) All persons operating an existing Class V injection well, that inject industrial, commercial, or municipal waste fluids into or above an USDW, must apply to the department for approval to operate......

     (3) All other Class V injection well owners and operators must notify the department......

     The definition of waste fluid in the existing rule is:

     "Waste fluid" means any discarded, abandoned, unwanted, or unrecovered fluid(s), except the following are not waste fluids for the purposes of this chapter:

     (a) Discharges into the ground or ground water of return flow, unaltered except for temperature, from a ground water heat pump used for space heating or cooling:

     Provided, That such discharges do not have significant potential, either individually or collectively, to affect ground water quality or beneficial uses;

     (b) Discharges of stormwater that are not contaminated or potentially contaminated by industrial or commercial sources.

     As such, the definition of "waste fluid" is broad in the existing rule. Not only "contaminated," but also "potentially contaminated" stormwater is treated as "waste fluids." The Class V UIC wells built after February 29, 1984, that inject "waste fluids" into ground water is prohibited, while the wells built before that time needs to be approved by ecology. Therefore the prohibited Class V wells in the proposed WAC 173-218-040 (5)(b) are also prohibited under the existing rule. Thus, no additional costs will be generated.

     For the injection wells allowed in the proposed WAC 173-218-040 (5)(a), only some drainage wells and septic system wells are used to inject the waste or effluent. Other wells would not inject "waste fluids" into the ground water and can be approved under the existing rule. Therefore, there will be no additional costs to the well owners from the rule change.

     Most of the Class V UIC wells in Washington are drainage wells for discharging stormwater. The existing UIC rule did not allow most of the drainage wells because the discharge was contaminated, or potentially contaminated, by industrial or commercial sources. Without the proposed rule amendments, all of the UIC wells receiving contaminated or potentially contaminated discharges would need to be closed, and the owners would need to develop other methods or facilities to manage and/or treat their stormwater. With the proposed rule amendments, most of these wells can meet the requirements for "rule authorized." The well owners or operators will not need to develop alternatives to treat stormwater. This will result in savings of corresponding capital investment and other resources. These savings are not additional costs.

     For those UIC wells that need a permit under both the proposed and existing UIC rules, ecology does not expect there will be any real changes, thus no additional costs.

     2.3 Decommissioning: WAC 173-218-120 addresses the decommissioning standards and record-keeping requirements for UIC wells. The decommissioning standards in the proposed rule amendments are more specific than those in the federal regulation (40 C.F.R. 146.10(c))¹. However, the standards are almost the same, thus there may be slight additional costs that are not expected to be significant.

     The decommissioning record keeping under the proposed rule amendments requires an update on the wells that have been decommissioned. This requirement would be a minor additional one-time cost (less than $10) in the life time of a Class V well.

     2.4 Retrofit: "Retrofit" means taking actions to reduce the pollutant load from a UIC well to meet the statutory requirements of 40 C.F.R. 144.12 and RCW 90.48.010. The UIC wells that need retrofitting under the proposed UIC rule amendments are the wells that must be closed in the current UIC rule. Under current regulations, the UIC wells that cannot meet the statutory requirements would have no choice but closure, and the well owners have to find other methods and facilities to treat their polluted water. The proposed rule amendments would allow UIC well owners to choose retrofitting instead of closure. If the well owners believe retrofitting is a big burden to them, they can still close their UIC wells without retrofitting under the proposed rule amendments. Retrofitting a well is an additional choice provided by the proposed UIC rule, and cannot be a cost to the UIC well owners.

     2.5 Registration: Registration is required by the federal regulation. The proposed UIC rule must reflect this requirement. The existing rule also requires the UIC well owners to notify ecology on an approved form. The UIC wells that have been registered with ecology are not required to register again. Registration is not considered to be an additional cost to the well owners or operators.

     2.6 Well Assessment: "Well assessment" means an evaluation of the potential risks to ground water from the use of UIC wells. A well assessment includes information such as the land use around the well which may affect the quality of the discharge, the local geology, depth of the ground water in relation to the UIC well, and if the UIC well is located in a ground water protection area.

     Well assessment is explicitly required by the proposed rule amendments but is not explicitly required under the baseline. This will be a cost to the well owners.

     3. QUANTIFICATION OF COSTS AND RATIOS: The largest cost generated by the proposed rule amendments is the cost of the well assessment, although there may be some other minor costs. The well assessment requirements offer flexibility to the well owner. The owner may decide when, and how, to conduct the assessment within a five-seven year period. If ecology assumes the owner will hire a technician to do the well assessment, and estimates that, on average, it will take the technician two-five hours² to finish the assessment and the loaded hourly wage rate is $60³, the cost of well assessment for each UIC drainage well will be $120 to $300.

     In this SBEIS, the names of business are taken from ecology's UIC well database, and then are matched to Washington Department of Employment Security's database to find out the corresponding employee numbers. For an average small business that has UIC wells, its employee number is 10.2 and has 6.3 UIC wells. For an average top 10% business, its employee number is 10,733, and has 4.7 UIC wells (large employee number is due to the big impact of a large company).

     Therefore, the cost per employee ratio for small business is from $73.73 to $184.31 per employee, and is from $0.05 to $0.13 per employee for the top 10% largest business. Therefore, the proposed rule amendments have a disproportionate impact on small business.

     4. ACTIONS TAKEN TO REDUCE THE IMPACT OF THE RULE ON SMALL BUSINESS: This SBEIS concludes that the proposed rule amendments will disproportionately impact small business. RCW 19.85.030(2) requires:

     Based upon the extent of disproportionate impact on small business identified in the statement prepared under RCW 19.85.040, the agency shall, where legal and feasible in meeting the stated objectives of the statutes upon which the rule is based, reduce the costs imposed by the rule on small businesses.

     To comply with above requirements, the proposed rule amendments provide some cost saving measures to mitigate the impacts to small business, which can be summarized as follows:

     (a) Reducing, modifying, or eliminating substantive regulatory requirements;

     Registration is not required for those that have registered before.

     An on-line registration is being developed for the majority of UIC well uses so that the registrations process is streamlined and easy to use.

     Industrial facilities that have already developed a stormwater pollution prevention plan (SWPPP) to meet NPDES requirements can also use the SWPPP to meet the requirements of a well assessment (see WAC 173-218-090 (2)(c)(ii)).

     A new section of the rule has been added (WAC 173-218-100) to identify certain UIC wells that automatically meet the nonendangerment standard. The types of wells listed in this section are considered rule-authorized after they are registered, which means that the owner does not need to provide a well assessment.

     (b) Simplifying, reducing, or eliminating record-keeping and reporting requirements;

     Registration is not required for those that have registered before.

     An on-line registration is being developed for the majority of UIC well uses so that the registrations process is streamlined and easy to use.

     Ecology also plans to provide an on-line, read-only access to the UIC well database so that the public and interested parties can quickly query the database for registration information.

     A new section of the rule has been added (WAC 173-218-100) to identify certain UIC wells that automatically meet the nonendangerment standard. The types of wells listed in this section are considered rule authorized after they are registered, which means that the owner does not need to provide a well assessment.

     (c) Reducing the frequency of inspections;

     No inspection is required by the proposed rule amendments.

     (d) Delaying compliance timetables;

     Businesses have three to five years to register their UIC wells, and have five to seven years to complete a well assessment.

     (e) Reducing or modifying fine schedules for noncompliance;

     The enforcement relies on the Water Pollution Control Act, chapter 90.48 RCW, which is impossible for ecology to make a change in this rule making.

     (f) Any other mitigation techniques.

     The proposed rule amendments provide two approaches, a presumptive approach and a demonstrative approach, which give businesses the flexibility to comply with the nonendangerment requirement, and reduce their costs. Well owners can retrofit their noncompliance well instead of closure, which is also a cost saving measure.

     5. THE INVOLVEMENT OF SMALL BUSINESS IN THE DEVELOPMENT OF THE PROPOSED RULE AMENDMENTS: In the rule-making process, ecology set up the UIC rule advisory committee. Various businesses, including small businesses, were invited to participate in the committee and give comments on the proposed rule amendments. The committee held six meetings and received comments from some small businesses. Ecology also posted a draft version of the rule language out for public review on its UIC web site. All these measures provide opportunity for small businesses to be involved in developing the proposed rule amendments revision.

     6. THE SIC CODES OF IMPACTED INDUSTRIES: From the UIC well database, ecology concludes that the businesses associated with the SIC codes listed in Table 6.1 will be impacted from the proposed rule amendments. However, the affected SIC codes are only derived from the existing database. Obviously, the UIC wells are associated with the property, and businesses in any SIC code can potentially own property. Therefore, it is reasonable to assume that more businesses with other SIC codes can potentially be impacted, because many businesses can possibly have/need UIC wells.

Table 6.1 SIC code of impacted businesses

1721		2421		2495		2813		3273		3334		3571		4911
5033		5172		5191		5431		5541		5812		5962		6512
6531		6552		6792		8711		8221		8731		8741		8748

¹ 40 C.F.R. 146.10(c) Requirements for Class V wells.

     (1) Prior to abandoning a Class V well, the owner or operator shall close the well in a manner than prevents the movement of fluid containing any contaminant into an underground source of drinking water, if the presence of that contaminant may cause a violation of any primary drinking water regulation under 40 C.F.R. part 141 or may otherwise adversely affect the health of persons.

     (2) The owner or operator shall dispose of or otherwise manage any soil, gravel, sludge, liquids, or other materials removed from or adjacent to the well in accordance with all applicable federal, state, and local regulations and requirements.

² Stormwater management for eastern Washington -- Model municipal stormwater program for eastern Washington. Washington State Department of Ecology, Publication Number 03-10-076.

³ The same data source as above.

⁴ On average, the more UIC wells a business have, the more costs and the more benefits.

     A copy of the statement may be obtained by contacting Mary Shaleen-Hansen, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6143, fax (360) 407-6426, e-mail maha461@ecy.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Mary Shaleen-Hansen, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6143, fax (360) 407-6426, e-mail maha461@ecy.wa.gov.

July 5, 2005

Polly Zehm

Deputy Director

OTS-8092.1

AMENDATORY SECTION(Amending Order 92-55, filed 5/5/93, effective 5/19/93)

WAC 173-216-010   Purpose.   (1) The purpose of this chapter is to implement a state permit program, applicable to the discharge of waste materials from industrial, commercial, and municipal operations into ground and surface waters of the state and into municipal sewerage systems. However, this regulation does not apply to the following:

     (a) ((The injection of fluids through wells which are regulated by the Underground injection control program, chapter 173-218 WAC.

     (b))) The point source discharge of pollutants into navigable waters of the state which are regulated by the National Pollutant Discharge Elimination System (NPDES) Permit Program, chapter 173-220 WAC.

     (((c))) (b) The discharge of pollutants into waters of the state which are regulated by the Waste discharge general permit program, chapter 173-226 WAC.

     (2) Permits issued under this chapter are designed to satisfy the requirement for discharge permits under the Water Pollution Control Act, chapter 90.48 RCW and to implement applicable pretreatment requirements under section 307 of the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.).

[Statutory Authority: Chapter 90.48 RCW. 93-10-099 (Order 92-55), § 173-216-010, filed 5/5/93, effective 5/19/93. Statutory Authority: Chapter 43.21A RCW. 86-06-040 (Order 86-03), § 173-216-010, filed 3/4/86. Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-216-010, filed 2/29/84. Statutory Authority: Chapters 43.21A and 90.48 RCW. 83-23-073 (Order DE 83-29), § 173-216-010, filed 11/18/83. Formerly chapter 372-24 WAC.]

OTS-8091.5

AMENDATORY SECTION(Amending Order DE 84-02, filed 2/29/84)

WAC 173-218-010   Purpose.   (((1))) The purpose of this chapter is to ((set forth the procedures and practices applicable to the injection of fluids through wells.

     (2) Permits issued in accordance with the provisions of this chapter are designed:

     (a) To satisfy)) protect ground water quality by:

     (1) Preventing ground water contamination by regulating the discharge of fluids into Underground Injection Control (UIC) wells; and

     (2) Satisfying the intent and requirements of Part C of the Federal Safe Drinking Water Act (SDWA) ((42 U.S.C. § 300h et seq. as authorized by RCW 43.21A.445)) and ((of)) the Washington state Water Pollution Control Act, chapter 90.48 RCW((; and

     (b) To preserve and protect ground waters, including underground sources of drinking water, for existing and future beneficial uses)).

[Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-010, filed 2/29/84.]

     (a) To ((maintain the highest possible standards to prevent the injection of fluids that may endanger ground waters which are obtainable for beneficial uses or which contain fewer than 10,000 mg/L of total dissolved solids)) preserve and protect ground waters by preventing the injection of fluids that will endanger ground water;

     (i) That contains fewer than 10,000 mg/L of total dissolved solids and is obtainable for beneficial uses as defined in WAC 173-218-030;

     (ii) That contains greater than 10,000 mg/L of total dissolved solids and is obtainable for beneficial uses if the practices meet the requirements of this chapter;

     (b) To require the use of all known, available, and reasonable methods ((to prevent and control the discharge of fluids and waste fluids into the waters of the state;

     (c) To protect public health and welfare through preservation and protection of the quality of the state's ground waters)) of prevention, control and treatment (AKART) to the discharge of fluids and waste fluids into the waters of the state as authorized by RCW 90.48.010; and

     (c) To prohibit the injection of fluids through wells except as authorized by this chapter.

     (2) Consistent with this policy((:

     (a))), the disposal of waste fluids from industrial, commercial, or municipal sources, or multifamily dwellings, into wells will ((not)) be authorized by the department, ((except that existing operations are authorized)) providing these operations satisfy ((the standards and requirements of)) this chapter((;

     (b) The department will act to prevent the disposal of waste fluids that present a risk to human health, including the potential, chronic effects of lifetime exposure to waste fluids)) and are in compliance with local, state, and federal laws.

[Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-020, filed 2/29/84.]

     (18) "Well" means a bored, drilled or driven shaft, or dug hole whose depth is greater than the largest surface dimension.)) "Abandoned well" means a well that is unused, unmaintained, or is in such disrepair as to be unusable.

     "AKART" is an acronym that means all known, available and reasonable methods of prevention, control and treatment. AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge. The concept of AKART applies to both point and nonpoint sources of pollution. The term "best management practices" typically applies to nonpoint source pollution controls, and is considered a subset of the AKART requirement. The storm water management manuals (see definition in this section) may be used as a guideline, to the extent appropriate, for developing best management practices to apply AKART for storm water discharges.

     "Aquifer" means a geologic formation, group of formations or part of a formation capable of yielding a significant amount of ground water to wells or springs.

     "Beneficial uses" mean uses of the waters of the state which include, but are not limited to, use for domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and wildlife maintenance and enhancement, recreation, generation of electric power and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state.

     "Best management practices" mean approved physical, structural, and/or managerial practices that, when used singularly or in combination, prevent or reduce pollutant discharges.

     "Cesspool" means a drywell that receives untreated sanitary waste containing human excreta, and that sometimes has an open bottom and/or perforated sides that discharge to the subsurface.

     "Commercial business" means a type of business activity that may distribute goods or provide services, but does not involve the manufacturing, processing or production of goods.

     "Contaminant" means any chemical, physical, biological, or radiological substance that does not occur naturally in ground water or that occurs at concentrations greater than those found naturally.

     "Contamination" means introduction of a contaminant.

     "Decommission" means to fill or plug a UIC well so that it will not result in an environmental or public health or safety hazard, nor serve as a channel for movement of water or pollution to an aquifer.

     "Department" means department of ecology.

     "Dispersion" means the release of surface and storm water runoff from a drainage facility system such that the flow spreads over a wide area and is located so as not to allow flow to concentrate anywhere upstream of a drainage channel with erodible underlying granular soils.

     "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.

     "Existing well" means a well that is in use at the adoption date of this rule.

     "Fluid" means any material or substance which flows or moves whether in a semisolid, liquid, sludge, gas, or any other form or state.

     "Ground waters" mean all waters that exist beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water within the boundaries of this state, whatever may be the geological formation or structure in which such water stands or flows, percolates, or otherwise moves.

     "Ground water protection area" means a geographic area that is by or close by a surrounding community and nontransient noncommunity water system, that uses ground water as a source of drinking water (40 CFR 144.87) and other sensitive ground water areas are areas critical to protecting underground sources of drinking water from contamination; such as sole source aquifers, highly productive aquifers supplying private wells, critical aquifer recharge areas and/or other state and local areas determined by state and local governments.

     "Hazardous substances" mean any dangerous or extremely hazardous waste as defined in RCW 70.105.010 (5) and (6) or any dangerous or extremely dangerous waste as designated by rule under chapter 70.105 RCW; any hazardous substance as defined in RCW 70.105.010(14) or any hazardous substance as defined by rule under chapter 70.105 RCW; any substance that, on the effective date of this section, is a hazardous substance under section 101(14) of the federal cleanup law, 42 U.S.C., Sec. 9601(14); petroleum or petroleum products; and any substance or category of substances, including solid waste decomposition products, determined by the director by rule to present a threat to human health or the environment if released into the environment.

     "High threat to ground water" means, for this chapter, a UIC well is a high threat to ground water when it receives waste fluids that cannot meet the criteria in chapter 173-200 WAC Water quality standards for ground waters of Washington (GWQS) at the top of the aquifer, which include, but are not limited to: A UIC well that receives drainage, that has not been pretreated and does not meet the GWQS, from an area where storm water comes into contact with a vehicle fueling area, airport deicing activities, storage of treated lumber or vehicle washing, or a UIC well that receives a discharge that is determined to be an imminent public health hazard by a legal authority or is prohibited in this chapter.

     "Improved sinkhole" means a naturally occurring karst depression or other natural crevice found in volcanic terrain and other geologic settings that has been modified by man for the purpose of directing and emplacing fluids into the subsurface.

     "Infiltration pond" means an earthen impoundment used for the collection, temporary storage and infiltration of incoming storm water runoff.

     "Infiltration trench" means a trench used to infiltrate fluid into the ground and is generally at least twenty-four inches wide with perforated pipe or a product with similar use installed and backfilled with a coarse aggregate.

     "Industrial wastewater" means water or liquid-carried waste from industrial or commercial processes, as distinct from domestic wastewater. These wastes may result from any process or activity of industry, manufacture, trade or business, from the development of any natural resource, or from animal operations such as feedlots, poultry houses or dairies. The term includes contaminated storm water and, also, leachate from solid waste facilities.

     "Motor vehicle waste disposal well" means a Class V injection well that is typically a shallow disposal system that receives or has received fluids from vehicular repair or maintenance activities such as auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shops or any facility that does any vehicular repair work (40 CFR 144.81).

     "New injection well" means an injection well that is put in use following the effective date of this chapter.

     "Nonendangerment standard" means to prevent the movement of fluid containing any contaminant into the ground water if the contaminant may cause a violation of the Water quality standards for ground waters of the state of Washington, chapter 173-200 WAC or may cause health concerns.

     "Nonpollution-generating surface" means a surface considered to be an insignificant source of pollutants in storm water runoff. Such as, but not limited to, roofs subject only to atmospheric deposition or normal heating, ventilation and air conditioning vents.

     "Person" means any political subdivision, local, state, or federal government agency, municipality, industry, public or private corporation, partnership, association, firm, individual, or any other entity whatsoever.

     "Point of compliance" means the location where the facility must be in compliance with chapter 173-200 WAC Water quality standards for ground waters of the state of Washington; the top of the aquifer, as near to the source as technically, hydrogeologically, and geographically feasible.

     "Pollution" means contamination or other alteration of the physical, chemical, or biological properties of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters: Or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will, or is likely to, create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

     "Pollution-generating surfaces" mean the surfaces are considered a significant source of pollutants in storm water runoff. Pollution generating surfaces include pollution generating pervious surfaces and pollution generating impervious surfaces such as surfaces that are subject to: Regular vehicular use, industrial activities, or storage of erodible or leachable materials that receive direct rainfall, or the run-on or blow-in of rainfall, use of pesticides or fertilizers or loss of soil; or leaching such as from metal roofs not coated with an inert, nonleachable material, roofs that are subject to venting of manufacturing, commercial, or other indoor pollutants. Examples are: Roads, unvegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots, unfenced fire lanes, vehicular equipment storage yards, airport runways, lawns, and landscaped areas that apply pesticide applications; such as golf courses, parks, cemeteries, and sports fields except for landscaped areas that are approved infiltrative best management practices.

     "Proper management of storm water" means AKART has been provided or the well owner has demonstrated that the discharge will meet the nonendangerment standard.

     "Radioactive waste" means any waste which contains radioactive material in concentrations that exceed those listed in 10 Code of Federal Regulations Part 20, Appendix B, Table II, and Column 2.

     "Retrofit" means taking actions to reduce the pollutant load from a UIC well to meet the statutory requirements of 40 CFR 144.12 and RCW 90.48.010. These actions may include, but are not limited to: Changes to the source control activities and/or structures around the well; an upgrade to the well such as adding a catch basin or spill control device; and/or addition of pretreatment facilities or decommissioning. The selection of actions is based on local priorities, required by ecology or the local jurisdiction to address a documented water quality problem.

     "Rule authorized" means a UIC well that is registered with the department and meets the nonendangerment standard. If a well is rule authorized, it does not require a state waste discharge permit from the department.

     "Sanitary waste" means liquid or solid wastes originating solely from humans and human activities, such as wastes collected from toilets, showers, wash basins, sinks used for cleaning domestic areas, sinks used for food preparation, clothes washing operations, and sinks or washing machines where food and beverage serving dishes, glasses, and utensils are cleaned. Sources of these wastes may include single or multiple residences, hotels and motels, restaurants, bunkhouses, schools, ranger stations, crew quarters, guard stations, campgrounds, picnic grounds, day-use recreation areas, other commercial facilities, and industrial facilities provided the waste is not mixed with industrial waste.

     "Septic system" means a well that is used to discharge sanitary waste below the surface and is typically comprised of a septic tank and subsurface fluid distribution system or disposal system. (Also called on-site sewage system.)

     "State waste discharge permit" means a permit issued in accordance with chapter 173-216 WAC, State waste discharge program.

     "Storm water" means the portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes and other features of a storm water drainage system into a defined surface water body, or a constructed treatment, evaporation, or infiltration facility.

     "Storm water manuals" mean the Stormwater Management Manual for Eastern or Western Washington or other manuals approved by the department.

     "Storm water pollution prevention plan" means a documented plan to implement measures to identify, prevent, and control the contamination of storm water and its discharge to UIC wells.

     "Subsurface fluid distribution system" means an assemblage of perforated pipes, drain tiles, or other similar mechanisms intended to distribute fluids below the surface of the ground.

     "Underground source of drinking water" means ground waters that contain fewer than 10,000 mg/L of total dissolved solids and/or supplies drinking water for human consumption.

     "UIC well" or "underground injection control well" means a well that is used to discharge fluids into the subsurface. A UIC well is one of the following: (1) A bored, drilled or driven shaft, or dug hole whose depth is greater than the largest surface dimension; (2) an improved sinkhole; or (3) a subsurface fluid distribution system.

     "Waste fluid" means any fluid that cannot meet the nonendangerment standard at the point of compliance, which is the top of the aquifer.

     "Well assessment" means an evaluation of the potential risks to ground water from the use of UIC wells. A well assessment includes information such as the land use around the well which may affect the quality of the discharge, the local geology, depth of the ground water in relation to the UIC well, and if the UIC well is located in a ground water protection area.

     "Well injection" means the subsurface emplacement of fluids through a well.

     "You" means the owner or operator of the UIC well.

[Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-030, filed 2/29/84.]

     (vi) Septic systems that receive waste other than sanitary waste; such as, but not limited to, industrial wastewater or storm water drained from an area that contains, uses or stores hazardous substances.

[Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-040, filed 2/29/84.]

     (3) The department will accept, process, and act upon the application in accordance with applicable requirements as contained in 40 Code of Federal Regulations Parts 124 and 144 as published in Federal Register Volume 48, #64 (April 1, 1983) and Part 146 as published in Federal Register Volume 45, #123 (June 24, 1980), Volume 46, #166 (August 27, 1981) and Volume 47, #23 (February 3, 1982).)) The following are not considered UIC wells and are not regulated under this chapter.

     (1) Single-family residential septic systems, handling only sanitary wastes and designed to serve less than twenty people per day;

     (2) Nonresidential septic systems and cesspools handling only sanitary wastes and designed to serve less than twenty people per day;

     (3) Any dug, blasted or drilled hole, bored shaft that is not used for the subsurface placement of fluids in accordance with 40 CFR 144.1 (g)(1)(ii); or

     (4) Infiltration ponds, infiltration trenches that do not contain perforated pipe, or dispersion systems.

[Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-050, filed 2/29/84.]

     (4) At present, there appears to be no reasonable likelihood that approval will be sought for a Class II injection well for either enhanced recovery of oil or natural gas or for storage of liquid hydrocarbons; therefore, Class II injection wells as defined in WAC 173-218-030 (3)(b) and (3)(c) are not authorized. If it appears likely that approval will be sought for either of these types of injection wells, these regulations will be amended to include an appropriate regulatory program.)) To operate an existing or new UIC well in Washington, the UIC well must be registered and either rule authorized or receive a state waste discharge permit from the department to operate, except as noted below, and the following must be met:

     (1) Class I UIC wells are prohibited and must be decommissioned.

     (2) Class II UIC wells must be registered and have a state waste discharge permit issued by the department to operate, and the following must occur:

     (a) The well must be reported to the department of natural resources in accordance with the provisions of chapter 344-12 WAC General rules by any person who proposes to conduct or is conducting a Class II injection well operation, as defined in chapter 173-218 WAC;

     (b) The department of natural resources will perform review, evaluation, and approval in accordance with the provisions of chapter 344-12 WAC General rules; and

     (c) The department will process a Class II injection well application, in accordance with applicable requirements as contained in 40 Code of Federal Regulations Parts 124 and 144 as published in Federal Register Volume 48, #64 (April 1, 1983) and Part 146 as published in Federal Register Volume 45, #123 (June 24, 1980), Volume 46, #166 (August 27, 1981) and Volume 47, #23 (February 3, 1982).

     (3) Class III UIC wells are prohibited and must be decommissioned.

     (4) Class IV UIC wells that are not prohibited (see WAC 173-218-040) must be approved under the Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 40 CFR 144.13 (a)(4)(c), or the Model Toxics Control Act (MTCA). Allowed Class IV UIC wells used at:

     (a) CERCLA sites conducting a cleanup under an EPA order, consent order or consent decree or where the cleanup is being conducted by EPA need to be registered.

     (b) MTCA sites conducting a cleanup under a MTCA order, agreed order or consent decree or where the cleanup is being conducted by the department need to be registered.

     (5) Class V UIC wells, except as noted below, must be registered and either rule authorized (see WAC 173-218-070) or receive a state waste discharge permit issued by the department to operate including MTCA voluntary cleanup program sites. The following Class V wells do not need a permit but do have to register with the UIC program if they are authorized in accordance with:

     (a) CERCLA and are sites conducting a cleanup under an EPA order, consent order or consent decree or where the cleanup is being conducted by EPA; and

     (b) MTCA and are sites conducting a cleanup under a MTCA order, agreed order or consent decree or where the cleanup is being conducted by the department.

[Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-060, filed 2/29/84.]

     (3) Class IV wells that are not prohibited (see WAC 173-218-040) are rule authorized, after the UIC well is registered, for the life of the well if such subsurface emplacement of fluids is authorized under the Comprehensive Environmental Response, Compensation, and Liability Act, Resource Conservation Recovery Act, 40 CFR 144.23(c) or the Model Toxics Control Act.

[Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-070, filed 2/29/84.]

     (3) Be constructed, operated, maintained and decommissioned in a manner that protects ground water quality as described in 40 CFR 144.12(a).

[Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-080, filed 2/29/84.]

     (3) All other Class V injection well owners and operators must notify the department of the location of injection wells within one year of approval of the state underground injection control program by the United States Environmental Protection Agency. The notification shall be on a form as prescribed by the department and will include the information needed to satisfy the requirements of 40 Code of Federal Regulations Part 146.52.)) Specific requirements for Class V wells are organized by wells that are used for storm water management and wells that are used for other purposes. This section does not apply to the Class V wells in WAC 173-218-100.

     (1) New Class V UIC wells used for storm water management must:

     (a) Meet additional ground water protection area requirements as determined by other state laws or by local ordinances.

     (b) Not directly discharge into an aquifer. A separation between the bottom of the well and the top of the aquifer is required. The treatment capacity of the unsaturated zone or the zone where the fluid is discharged, and the pollutant loading of the discharge must be considered when determining the vertical separation (see Stormwater Management Manual for Eastern Washington, 2004).

     (c) The owner or operator of a new Class V well used to manage storm water must meet the nonendangerment standard as defined under WAC 173-218-080. The owner or operator of a new Class V well must show compliance with the nonendangerment standard prior to placing a new well into service. Compliance with the nonendangerment standard may be met through one or a combination of the following two approaches:

     (i) Presumptive approach: The presumptive approach means compliance with the nonendangerment standard is presumed, unless discharge monitoring data or other site specific information shows that a discharge causes or contributes to a violation of chapter 173-200 WAC Water quality standards for ground waters of the state of Washington. When:

     (A) The well activity is in compliance with this chapter; and

     (B) The well is installed and operated in conformance with storm water best management practices contained in storm water technical manuals approved by the department, or practices that are demonstrably equivalent to practices contained in storm water technical manuals approved by the department, including the proper selection, implementation, and maintenance of all applicable and appropriate best management practices for on-site pollution control are fully implemented.

     (ii) Demonstrative approach: The demonstrative approach means that the technical bases for the selection of storm water best management practices are documented. The documentation must include:

     (A) The method and reasons for choosing the storm water best management practices selected;

     (B) The pollutant removal performance expected from the practices selected;

     (C) The technical bases supporting the performance claims for the practices selected, including any available existing data concerning field performance of the practices selected;

     (D) An assessment of how the selected practices will satisfy the requirements of WAC 173-218-080 and chapter 173-200 WAC; and

     (E) An assessment of how the selected practices will satisfy both applicable federal technology-based treatment requirements and state requirements to use all known, available, and reasonable methods of prevention, control and treatment.

     (2) Existing Class V UIC wells used for storm water management must be registered and complete a well assessment. The following timelines must be met unless otherwise approved from the department:

     (a) If you own or operate less than or equal to fifty wells:

     (i) You have three years after the adoption date of this rule to register your UIC wells with the department.

     (ii) You have five years after the adoption date of this rule to complete a well assessment. The approach to conducting the well assessment will be determined by the owner. The well assessment evaluates the potential risks to ground water from the use of UIC wells and includes information such as the land use around the well which may affect the quality of the discharge, the local geology, depth of the ground water in relation to the UIC well, and if the UIC well is located in a ground water protection area.

     (iii) The well assessment must also identify any wells that are a high threat to ground water and include a retrofit schedule.

     (iv) Owners of existing Class V wells used for storm water management may also use the approaches described in subsection (1)(c) of this section to complete the well assessment for their UIC wells.

     (v) You must immediately take action to correct the use of a well that is determined to be an imminent public health hazard, for example when a drinking water supply is contaminated and causes a public health emergency. The department must be notified within thirty days from the determination and may determine a retrofit schedule. The department's enforcement procedure will be followed when a retrofit schedule is needed.

     (b) If you own or operate more than fifty wells:

     (i) You have five years after the adoption date of this rule to register your UIC wells with the department.

     (ii) You have seven years after the adoption date of this rule to complete a well assessment. The approach to conducting the well assessment will be determined by the owner. The well assessment evaluates the potential risks to ground water from the use of UIC wells and includes information such as the land use around the well which may affect the quality of the discharge, the local geology, depth of the ground water in relation to the UIC well, and if the UIC well is located in a ground water protection area. The well assessment must also identify any wells that are a high threat to ground water and include a retrofit schedule.

     (iii) Owners of existing Class V wells used for storm water management may also use the approaches described in subsection (1)(c) of this section to complete the well assessment for their UIC wells.

     (iv) You must immediately take action to correct the use of a well that is determined to be an imminent public health hazard, for example when a drinking water supply is contaminated and causes a public health emergency. The department must be notified within thirty days from the determination and may determine a retrofit schedule. The department's enforcement procedure will be followed when a retrofit schedule is needed.

     (c) If you own or operate a site that uses, stores, loads, or treats hazardous substances or is an industrial facility that has a Standard Industrial Classification listed in Federal Regulations, 40 CFR Subpart 122.26 (b)(14) (excluding construction sites), you must provide one of the following:

     (i) If the facility has or will have a National Pollutant Discharge Elimination System (NPDES) permit, the associated storm water pollution prevention plan can be used in place of the well assessment to meet the nonendangerment standard if applied to the UIC wells.

     (ii) For unpermitted facilities, the Washington state industrial storm water pollution prevention plan can by used in place of the well assessment to meet the nonendangerment standard if applied to the UIC wells or documentation must be provided to show that the well does not receive hazardous substances. Examples of documentation include, but are not limited to, a site drainage map for the UIC wells or a no-exposure certification form completed for discharges to ground.

     (3) Class V UIC wells not used for storm water management:

     (a) New UIC wells that are not used for storm water management must:

     (i) Not directly discharge into an aquifer, except for wells listed in WAC 173-218-040 (5)(a)(ii) through (iv) and (vii) through (xi). A separation between the bottom of the well and the top of the aquifer is required.

     (ii) Meet additional ground water protection requirements if the UIC well is located in a ground water sensitive area (see WAC 173-218-030) as determined by other state laws or by local ordinances.

     (b) Existing registered UIC wells that are not used for storm water management are already considered to be rule authorized. To verify that current site practices are protective of ground water quality, the owner or operator must complete a survey from the department. The department will provide written notification that the current site practices are adequate.

     (c) Existing UIC wells that are not registered and not used for storm water management must meet the requirements for new wells.

[Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-090, filed 2/29/84.]

     (2) Any injection well that causes or allows the movement of fluid into an USDW that may result in a violation of any primary drinking water standard under 40 Code of Federal Regulations Part 141 or that may otherwise adversely affect the beneficial use of an USDW is prohibited.)) (1) The following new and existing Class V UIC wells automatically meet the nonendangerment standard and are considered rule authorized after the well is registered. These Class V wells are not subject to the requirements of WAC 173-218-090.

     (a) UIC wells which inject fluids to control subsidence;

     (b) UIC wells that temporarily inject fluids or other material for the purpose of maintaining a properly functioning water extraction well or dewatering well;

     (c) Closed loop cooling water return flow wells that have not added any chemicals or product to the water;

     (d) Air conditioning or heat pump return flow wells that have not added any chemical or product to the water, and used to return fluid to the supply aquifer. The fluids must not impair beneficial uses of ground water or surface water;

     (e) Aquifer recharge wells that meet the requirements in chapter 173-157 WAC Underground artificial storage and recovery;

     (f) UIC wells used as part of a reclaimed water project that meet the requirements of the Water reclamation and reuse standards as authorized by RCW 90.46.042;

     (g) Septic systems that serve twenty or more people per day that:

     (i) Receive operating permits, meet the requirements and are permitted in accordance with chapter 246-272B WAC Large on-site sewage system regulations; or

     (ii) Meet the requirements of chapter 246-272 WAC On-site sewage systems.

     (h) UIC wells receiving storm water from nonpollution generating surfaces; and

     (i) UIC wells that only receive runoff from a roof coated with an inert, nonleachable material and/or a roof that is not subject to venting of manufacturing, commercial, or other indoor pollutants.

     (2) The following Class V UIC wells automatically meet the nonendangerment standard, are considered rule authorized and are exempt from registering.

     (a) UIC wells used in residential settings that receive water from sump pumps, for basement flood control; and

     (b) UIC wells that only receive runoff from a residential roof.

[Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-100, filed 2/29/84.]

     (2) All injection well operations not operated in accordance with the provisions of this chapter, that cause or tend to cause entry of fluids into the waters of the state as a result of a violation of these provisions, constitutes pollution of the waters of the state in violation of RCW 90.48.080.)) If you are denied rule authorization and you are operating a UIC well, you must obtain a state waste discharge permit under chapter 173-216 WAC State waste discharge permit program or chapter 173-226 WAC Waste discharge general permit program or close the well.

     (1) Permit terms and conditions must meet the requirements of chapters 173-216 and 173-226 WAC and this chapter.

     (2) All injection activities including construction of an injection well are prohibited until the well is rule authorized or issued a permit 40 CFR 144.31 (October 4, 2001).

[Statutory Authority: RCW 43.21A.445. 84-06-023 (Order DE 84-02), § 173-218-110, filed 2/29/84.]

     (a) Wells must be decommissioned in a manner that prevents movement of fluid containing any contaminant into the ground water (40 CFR 144.82).

     (b) When decommissioning wells, the owner or operator must dispose or otherwise manage any soil, gravel, sludge, liquids or other materials removed from or adjacent to the wells in accordance with all applicable federal, state, and local requirements (40 CFR 144.82b).

     (2) Decommissioning standards for UIC wells that are determined to be an imminent public health hazard or prohibited:

     (a) Class I wells are prohibited and must be decommissioned in accordance with 40 CFR 146.

     (b) Class III wells are prohibited and must be decommissioned in accordance with 40 CFR 146.

     (c) Class IV wells that are prohibited must be decommissioned in accordance with 40 CFR 144, 146.

     (d) Class V wells that are determined to be an imminent public health hazard or are prohibited in this rule must be decommissioned at the earliest extent possible as approved by the department and meet the decommissioning standards, except for:

     (i) Existing cesspools that serve twenty or more people per day must be decommissioned immediately (40 CFR 144.88); and

     (ii) Motor vehicle waste disposal wells must be decommissioned immediately.

     (3) Decommissioning standards for allowed UIC wells:

     (a) Class II wells must meet the closure requirements found in chapter 344-12 WAC General rules.

     (b) Class V wells must be decommissioned by filling or plugging the well so that it will not result in an environmental, public health or safety hazard, and will not serve as a channel for movement of water or pollution to an aquifer.

     (i) UIC wells that are in contact with an aquifer, even if they are in contact with only the seasonal high aquifer, must be decommissioned in accordance with the most applicable method found in chapter 173-160 WAC Minimum standards for construction and maintenance of wells.

     (ii) UIC wells that are not in contact with an aquifer must be decommissioned by:

     (A) Removing any structure within three feet of the land surface;

     (B) Backfilling up to three feet below the land surface with material that is uncontaminated, chemically and biologically inert, and that drains equal to or more slowly than the native material surrounding the UIC well; and

     (C) Filling the remaining three feet directly below the land surface with native soil or other structurally sound material common with current engineering practices.

     (c) Septic systems that receive only sanitary waste and serve more than twenty people per day must meet the requirements in chapter 246-272B WAC Large on-site sewage system regulations or chapter 246-272 WAC On-site sewage systems.

     (d) The department may require additional measures to those above prior to the decommissioning of a UIC well if such measures are deemed necessary to protect the public health and safety.

     (4) Decommissioning recordkeeping requirements for UIC wells:

     (a) The owner or operator of a Class I, II, III, or IV well must notify the department thirty days prior to decommissioning the UIC well except for UIC wells under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

     (b) An owner or operator of a Class V well that is determined to be an imminent public health hazard or that is prohibited (such as an existing cesspool that serves twenty or more people per day or a motor vehicle waste disposal well) must notify the department thirty days prior to decommissioning the well (40 CFR 144.88).

     (c) After adoption of this rule, an owner or operator of a Class V well that is determined not to be an imminent public health hazard and is not prohibited must notify the department within one year of the closure except for existing UIC wells used for storm water management and septic systems that are permitted and meet the requirements of chapter 246-272B WAC Large on-site sewage system regulations. The owner or operator must submit to the department, on an annual basis, an update on the wells that have been decommissioned, once the initial well registration(s) has been sent to the department.

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     (2) All injection well operations not operated in accordance with the provisions of this chapter, that cause or tend to cause entry of fluids into the waters of the state as a result of a violation of these provisions, constitutes pollution of the waters of the state in violation of RCW 90.48.080.

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