(a)  Injection wells not constructed in compliance with the criteria and standards specified in these Rules shall be brought into compliance with the rules in this Section or abandoned by the person(s) responsible for the construction of the well(s) within 30 calendar days of becoming aware of any instance of noncompliance.

(b)  Where operation of any injection facility is not in compliance with the requirements of the rules in this Section, or where continued operation of the injection facility threatens any water quality standard or classification established under the authority of G.S. 143-214.1, the owner of the injection facility shall perform the following:

(1)           stop all injection activities immediately;

(2)           notify the Division orally by the close of the next business day and in writing within five calendar days of becoming aware of any instance of noncompliance;

(3)           perform a site assessment and submit the site assessment to the Division within 30 calendar days of notifying the Division.  The Director may approve an alternate time period based on the severity and extent of noncompliance.    The site assessment report shall include a description of:

(A)          the source and cause of contamination;

(B)          any imminent hazards to public health and safety and actions taken to mitigate them;

(C)          all receptors and exposure pathways;

(D)          the horizontal and vertical extent of soil and groundwater contamination and all factors affecting contaminant transport; and

(E)           any geological and hydrogeological features influencing the movement or chemical or physical character of the contaminants; and

(4)           submit a corrective action plan and a proposed schedule for implementation of the corrective action to the Director for approval.  For approving the proposed plan and schedule, the Director shall consider the compliance history of the well owner, the severity and extent of noncompliance, and any other criteria necessary for the protection of human health and the environment.  The corrective action plan shall include:

(A)          a description of the proposed corrective action and reasons for its selection;

(B)          specific plans, including engineering details where applicable, for restoring the groundwater quality and for restoring the integrity of the injection facility if the injection activity is to continue;

(C)          a schedule for the implementation and operation of the proposed plan; and

(D)          a monitoring plan for evaluating the effectiveness of the proposed corrective action.


History Note:        Authority G.S. 87‑87; 87‑88; 143‑211; 143-215.1A; 143‑215.3(a)(1); 143‑215.3(c);

Eff. August 1, 1982;

Amended Eff. May 1, 2012; September 1, 1996; March 1, 1984.