Rules

of

The Tennessee Department of Environment And Conservation

Division of Water Supply

Rules of Water Quality Control Board

Chapter 1200—4—6

Underground Injection Control

Table of Contents

1200—4—6—.01	Authority and Purpose

1200—4—6—.10	Class I Wells

1200—4—6—.02	General

1200—4—6—.11	Class II Wells

1200—4—6—.03	Injection Prohibited

1200—4—6—.12	Class III Wells

1200—4—6—.04	Prevention of Pollution of Ground Water And
Identification of Underground Sources of Drinking Water and Exempted
Aquifers

1200—4—6—.13	Class IV Wells

1200—4—6—.05	Injected Fluid  Standards

1200—4—6—.14	Class V Wells

1200—4—6—.06	Classification of Injection Wells

1200—4—6—.15	Fees for Class I Injection Wells

1200—4—6—.07	Permit Required

1200—4—6—.16	Fees for Class II Injection Wells

1200—4—6—.08	Authorization by Permit for Injection Wells Not
Authorized by Rule

1200—4—6—.17	Fees for Class III Injection Wells

1200—4—6—.09	General Standards and Methods

1200—4—6—.18	Fees for Class V Injection Wells



	1200—4—6—.19	Bonds Required for Permitted Wells





Appendix A



1200—4—6—.01  Authority And Purpose.  The purpose of these
regulations is to protect the ground water resources of the State.  The
authority for this rule is included in the authority given the board to
protect waters of the State pursuant to T.C.A. §69—3—105.  As
provided T.C.A. §69—3—103(29),  “Waters means any and all water,
public or private, on or beneath the surface of the ground, which are
contained within, flow through, or border upon Tennessee or any portion
thereof except those bodies of water confined to and retained within the
limits of private property in single ownership which do not combine or
effect a junction with natural surface or underground waters.”

Authority: T.C.A. §69—3—105. Administrative History: Original rule
August 9, 1985; effective September 8, 1985. 

1200—4—6—.02 General

(1)	Use of Number and Gender 

As used in these Rules:

(a)	Words in the masculine gender also include the feminine and neuter
genders; and 

(b)	Words in the singular include the plural; and 

(c)	Words in the plural include the singular.



(Rule 1200—4—6—.02 continued)

(2)	Rule Structure 

These Rules are organized, numbered, and referenced according to the
following outline form:

(1)	paragraph

(a)	subparagraph

1.	part

(i)	subpart

(I)	item

I.	subitem

A.	section

(A)	subsection

(3)	Definitions 

For the purposes of the Underground Injection Control program
established in this chapter, the definition of any word or phrase used
in these regulations shall be the same as given in T.C.A. 69-3-103
except the following words or phrases shall have the following meanings:

“Aquifer” means a formation, group of formations, or part of a
formation that contains a sufficient quantity of permeable material to
yield significant quantities of water for wells and springs.

“Area of Review” (AOR) means the area surrounding an injection well
described according to the criteria set forth in Rule 1200-04-06-.09(3)
or in the case of an area permit, the project area plus a circumscribing
area the width of which is either a mile or a number calculated
according to the criteria set forth in the formula for injection well
AOR.

“Casing” means a tubular retaining structure which is installed in
an excavated hole to maintain the well opening.

“Cementing” means the act of employing cementitious material in the
annulus behind the well casing.

“Cesspool” means a drywell that receives untreated sanitary waste
containing human excreta, and which sometimes has an open bottom and/or
perforated sides. 

“Commissioner” means the Commissioner of environment and
conservation or the commissioner’s duly authorized representative and,
in the event of the commissioner’s absence or a vacancy in the office
of commissioner, the deputy commissioner.

“Compatibility” means substances capable of being mixed or existing
together.

“Composite sample” means a mixture of grab samples collected at the
same sampling point at different times.

“Confining unit or zone” means a geological formation, group of
formations, or part of a formation that limits fluid movement from an
injection zone.

“Confining bed” means a layer of distinctly less permeable material
stratigraphically adjacent to one or more aquifers.

(Rule 1200—4—6—.02 continued)

“Contamination” means the addition of any substance or matter to
water.

“Draft permit” means a document prepared under Rule
1200-04-06-.08(7) indicating the Commissioner’s tentative decision to
issue or deny, modify, revoke and reissue, terminate, or reissue a
“permit.”  A notice of intent to terminate a permit, and a notice of
intent to deny a permit, as discussed in Rule 1200-04-06-.08(9) are
types of “draft permits.”  A denial of a request for modification,
revocation and reissuance, or termination, as discussed in Rule
1200-04-06-.08(9) is not a “draft permit.” 

“Drilling mud” means a heavy suspension used in drilling an
“injection well,” introduced down the drill pipe and through the
drill bit.

“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.

“Enhanced recovery” means increased recovery from a pool achieved by
artificial means or by the application of energy extrinsic to the pool.

“Emergency permit” means a UIC “permit” issued in accordance
with Rule 1200-04-06-.07(8).

“Environmental Protection Agency” (“EPA”) means the United
States Environmental Protection Agency.

“EPA” means the United States Environmental Protection Agency.

“Exempted aquifer” means an “aquifer” or its portion that meets
the criteria in the definition of “underground source of drinking
water” but which has been exempted according to the procedures in Rule
1200-04-06-.04.

“Existing injection well” means an “injection well” that began
injection of fluids into the subsurface prior to the effective date of
this rule.

“Facility or activity” means any waste facility or activity
(including land or appurtenance thereto) that is subject to regulation
under the Tennessee Solid Waste Disposal Act, the Tennessee Hazardous
Water Management Act, the Tennessee Water Quality Control Act or the
Tennessee Safe Drinking Water Act.

“Fluids” means materials or substances that flow or move whether
semi-solid, liquid, sludge, gas or any other form or state.

“Formation” means a body or stratum of rock characterized by a
degree of lithologic homogeneity and is mappable on the earth’s
surface or traceable in the subsurface.

“Formation fluid” means “fluid” present in a “formation”
under natural conditions as opposed to fluids introduced into a
formation by injection or emplacement by man. This term is synonymous
with “native water.”

“Grab sample” means a sample collected at a particular time and
place that represents the composition of the source at that time and
place.

“Ground water” means water below the land surface and free to move
under the influence of gravity.

“Grout” means a fluid mixture of cement and water or other
cementitious material of a consistency that can be forced through a pipe
under hydraulic pressure.

(Rule 1200—4—6—.02 continued)

 “Hazardous waste” means a hazardous waste as defined by rule
1200-01-11-.02(1)(c).

“Hydrofracture” means the application of pressure sufficient to
cause rupture of a subsurface formation.

“Improved Sinkhole” means a naturally occurring karst depression
modified by man in such a manner that the chemical, physical,
biological, radiological, or bacteriological properties of the water or
fluids moving into the subsurface through it have been or will be
altered.

“Infiltration cell” means an unlined man-made structure designed for
the distribution of fluids into or above a “USDW.”

“Injection well” means structure or device which is used for the
emplacement of fluids into a subsurface stratum including, but not
limited to:

(a)	a well used for the emplacement of fluids;

(b)	a subsurface fluid distribution system;

(c)	an improved sinkhole; or

(d)	infiltration cell and any other structures or devices designed,
constructed or used to emplace  fluids into the subsurface, except as
provided in rule 1200-04-06-.03(3).; or

(e)	modified recharge point.

“Injection zone” means the formation, group of formations, or part
of a formation that receives fluids through an injection well.

“Injectivity index” means the rate of injection in gallons per
minute per unit of applied injection pressure in pounds per square inch.

“Innovative technology” means an experimental or unproven procedure,
which has not been demonstrated to be feasible under the conditions in
which it is being tested.

“Lease” means real property upon which the right to extract oil and
gas or other minerals has been granted under contract for a share of the
value of the production or an annual rental for a specified period.

“Mechanical integrity” means mechanically complete, performs the
function for which it was intended and is unimpaired.

“Modified recharge point” means a naturally occurring karst feature
that has been modified by man with a structure or in any other manner
that the chemical, physical, biological, radiological or bacteriological
properties of the water or fluids moving into the subsurface through it
or the ground water has been or will be altered.

“New injection well” means any well that begins injection of fluids
into the subsurface after August 9, 1985.

“Owner or operator” means the owner or operator of any “facility
or activity” subject to regulation under the UIC program.

“Packer” means a device placed in a well to produce a fluid-tight
seal in a section of the well bore or the annulus between the well
casing and the inner injection tubing.

(Rule 1200—4—6—.02 continued)

“Permit” means an authorization, license, or equivalent control
document issued by EPA or the Department to implement the requirements
of this rule.  “Permit” includes an area permit and an emergency
permit.  “Permit” as used in these UIC rules means an individual
permit issued under the Water Quality Control Act and does not include
an authorization by rule which is a type of general permit under the
Water Quality Control Act.

	

“Person” means an individual, association, partnership, corporation,
municipality, State, Federal, or Tribal agency, or an agency or employee
thereof. 

“Plugging” means the act or process of stopping the flow of water,
oil, or gas into or out of a formation through a bore hole or well
penetrating that formation.

“Point of Injection” means the last accessible point where a sample
may be collected prior to waste fluids being released into the
subsurface environment through a Class V injection well.

“Pollution” means such alteration of the physical, chemical,
biological, bacteriological, or radiological properties of waters of
this State including but not limited to changes in temperature, taste,
color, turbidity, or odor of the waters:

(a)	as will result or will likely result in harm, potential harm or
detriment of the public health, safety, or welfare;

(b)	as will result or will likely result in harm, potential harm or
detriment to the health of animals, birds, fish, or aquatic life;

(c)	as will render or will likely render the waters substantially less
useful to domestic, municipal, industrial, agricultural, recreational,
or other reasonable uses; or

(d)	as will leave or will likely leave the waters in such condition as
to violate any standards of water quality established by Water Quality
Control Board.

“Project” means a group of wells in a single operation.

“Produced water” means those waters produced in conjunction with the
production of crude oil or natural gas and commonly collected at field
storage or disposal facilities including: lease tanks, commingled tank
batteries, burn pits, and community or lease wastewater disposal
systems.

“Public water system” means a system for the provision of piped
water for human consumption if such system has at least fifteen (15)
connections or regularly serves at least twenty-five (25) individuals at
least sixty (60) days out of the year.

“Radioactive material” means any material, solid, liquid, or gas,
which emits radiation spontaneously.

“Radioactive waste” means any waste which contains radioactive
material in concentrations which exceed those listed in Rule
1200-02-05-.161 Schedule RHS 8-130, Table II, Column 2. 

”Recharge point” means a naturally occurring sinkhole or other karst
feature that accepts stormwater runoff from unimproved properties.

“Regional rock deformation” means folded, faulted, sheared,
compressed or extended rocks which result from various earth forces.

"Sanitary waste" means liquid or solid wastes originating solely from
humans and human activities, such as wastes from toilets, showers, wash
basins, cleaning, clothes washing, or food preparation, together with
any waters mixed with or used to convey such wastes, and provided that
the waste or water is not mixed with industrial waste.

(Rule 1200—4—6—.02 continued)

“Schedule of compliance” means a schedule of remedial measures
included in a “permit,” including an enforceable sequence of interim
requirements (for example: actions, operations, or milestone events)
leading to compliance with the “appropriate Act and regulations.”

“Septic system” means a “well” that is used to emplace sanitary
waste below the surface and is typically comprised of a septic tank and
subsurface fluid distribution system or disposal system.

"Sewage" means water-carried waste or discharges from human beings or
animals, from residences, public or private buildings, or industrial
establishments, or boats, together with such other wastes and ground,
surface, storm, or other water as may be present; (T.C.A. §
69-3-103(27)).

“Sinkhole” means a naturally occurring closed depression in a karst
area characterized by inward drainage (inlets) accepting runoff from the
surrounding area and having no visible surface outlet.

“Site” means the land or water area where any facility or activity
is physically located or conducted including adjacent land used in
connection with the facility or activity.

“Stratum” (plural strata) means a single sedimentary bed or layer,
regardless of thickness, that consists of generally the same kind of
rock material.

“Subsurface fluid distribution system” (SFDS) means an assemblage of
perforated pipes, drain tiles, or mechanisms intended to distribute
fluids below the surface of the ground.

“Total Dissolved Solids” means a material that passes through a
standard glass fiber filter disk and remains after evaporation and
drying to constant weight at 180°C.

“Transferee” means the owner or operator receiving ownership and/or
operational control of the well.

”Transferor” means the owner or operator transferring ownership
and/or operational control of the well.

“Tremie pipe” means a device, usually small diameter pipe, that
carries grouting materials to the bottom of a drill hole and allows the
emplacement of the grout from the bottom up without the introduction of
appreciable air pockets.

“UIC” means the Underground Injection Control program.

“Underground injection” means a “well injection.”

“Underground source of drinking water” (USDW) means an aquifer or
its part that:

(a)	currently supplies any public water system; or

(b)	contains a sufficient quantity of ground water to supply a public
water system; and

1.	currently supplies drinking water for human consumption; or

2.	contains fewer than 10,000 mg/L total dissolved solids; and

(c)	which is not a portion of an aquifer which has been designated by
the Department as an Exempted Aquifer.

“Well” means a bored, drilled, driven or dug shaft or hole whose
depth is greater than the largest surface dimension or an improved
sinkhole; or, a subsurface fluid distribution system.

(Rule 1200—4—6—.02 continued).

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

	Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed led August 9, 1985; effective September 8, 1985. Amendment filed
April 11, 2001; effective date June 25, 2001.  Amendment filed February
17, 2010; effective date May 18, 2010

	1200—4—6—.03  Injection Prohibited.

(1)	Unless excluded under Subsection (3), the construction of an
injection well, the conversion of a well into an injection well, and the
use or operation of an injection well is prohibited unless authorized by
an injection well permit or by rule of the Department.

(2)	Wells may not be used for the disposal of radioactive or hazardous
waste. 

(3)	The following activities are not within the scope of subsection (1):

(a)	Operation of domestic subsurface fluid distribution systems
disposing exclusively of sanitary waste with the capacity of serving
less than 20 persons;

(b)	Operation of facilities injecting natural gas for the purpose of
storage; and

(c)	Operation of wastewater treatment ponds or lagoons permitted to
discharge to surface waters under the National Pollutant Discharge
Elimination System (NPDES) permitting program.

(4)	These rules do not limit the authority of the Department to abate
and prevent pollution of surface or ground water resulting from any
injection activity, or other discharge of pollutants, by requiring a
permit, by instituting any type of enforcement action under the Water
Quality Control Act or other environmental statute, or by contracting
for clean-up under T.C.A. §§68--46—201 et seq., or by other
appropriate action.

(5)	The use of any well to dispose of water carrying human waste,
household or business waste, raw sewage or the effluent from any septic
tank or other sewer system of any kind, unless such well is a subsurface
fluid distribution system (SFDS) which is part of a Subsurface Sewage
Disposal System (SSDS) permitted under provisions of rule 1200-1-6-.05
(TCA §68-221-401 et seq.).

(6)	After the effective date of this rule all classes of new injection
wells located within Zone 1 of a community water system’s wellhead
protection area as defined in Rule 1200-05-01-.34 under T.C.A. §§
68-13-701 et seq., the Tennessee Safe Drinking Water Act are prohibited.

	Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985; effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed January x,
2010; effective date April x, 2010

1200—4—6—.04 Prevention of Pollution of Ground Water and
Identification of Underground Sources of Drinking Water and Exempted
Aquifers.

(1)	No owner or operator shall construct, operate, maintain, convert,
plug, abandon, or conduct any other injection activity in a manner that
allows the movement of fluid containing any contaminant into underground
sources of drinking water, if the presence of that contaminant may cause
a violation of any primary drinking water regulation or may otherwise
adversely affect the health of persons.  The applicant for a permit
shall have the burden of showing that the requirements of this paragraph
are met.

(2)	For Class I, II and III wells, if any water quality monitoring of an
underground source of drinking water indicates the movement of any
contaminant into the underground source of drinking water, 

(Rule 1200—4—6—.04 continued)

except as authorized under this Rule, the Commissioner shall prescribe
such additional requirements for construction, corrective action,
operation, monitoring, or reporting (including closure of the injection
well) as are necessary to prevent such movement.  In the case of wells
authorized by permit, the Commissioner may impose additional
requirements by modifying the permit in accordance with Rule
1200-04-06-.08(8) or may terminate the permit in accordance with Rule
1200-04-06-.08(9).  Additionally, the Commissioner may assess civil
penalties for all permit or rule violations in accordance with T.C.A §
69-3-115.

(3)	For class V wells, if at any time the Commissioner learns that a
Class V well may cause a violation of primary drinking water regulations
he or she shall:

(a)	Require the injector to obtain an individual permit; and/or

(b)	Order the injector to take such actions (including, where required,
closure of the injection well) as may be necessary to prevent the
violation. 

(c)	Take enforcement action.

(4)	Whenever the Commissioner learns that a Class V well may be
otherwise adversely affecting the health of persons, he or she may
prescribe such actions as may be necessary to prevent the adverse
effect, including any action authorized under paragraph (3) of this Rule
and assess civil penalties in accordance with T.C.A § 69-3-115.

(5)	Notwithstanding any other provision of this rule, the Commissioner
may take emergency action upon receipt of information that a contaminant
which is present in or likely to enter a public water system or
underground source of drinking water may present an imminent and
substantial endangerment to the health of persons. The Commissioner must
first determine that local authorities have not taken appropriate action
to protect the health of such persons, before taking emergency action.

(6)	Identification of Underground Sources of Drinking Water

(a)	The Commissioner may identify (by narrative description,
illustrations, maps, or other means) and shall protect, except where
exempted under subparagraph (b) of this paragraph, as an underground
source of drinking water, all aquifers or parts of aquifers which meet
the definition of an “underground source of drinking water'' in Rule
1200-04-06-.02. Even if an aquifer has not been specifically identified
by the commissioner, it is an underground source of drinking water if it
meets the definition in Rule 1200-04-06-.02.

(b)	1.	The Commissioner may identify (by narrative description,
illustrations, maps, or other means) and describe in geographic and/or
geometric terms (such as vertical and lateral limits and gradient) which
are clear and definite, all aquifers or parts thereof which the
Commissioner proposes to designate as exempted aquifers using the
criteria in paragraph (7) of this Rule.

2.	No designation of an exempted aquifer submitted as part of a UIC
Program shall be final until approved by the EPA Administrator.

3 	Subsequent to program approval or promulgation by the EPA, the
Commissioner may, after notice and opportunity for a public hearing,
identify additional exempted aquifers.  

(i)	Exemption of aquifers identified under subparagraph (7)(b) of this
Rule shall be treated as a program revision under 40 CFR 145.32.

(Note: 40 CFR 145.32 provides that:

(Rule 1200—4—6—.04 continued)

(a)	Either EPA or the approved State may initiate program revision.
Program revision may be necessary when the controlling federal or state
statutory or regulatory authority is modified or supplemented. The state
shall keep EPA fully informed of any 

proposed modifications to its basic statutory or regulatory authority,
its forms, procedures, or priorities.

(b)	Revision of a state program shall be accomplished as follows:

(1)	The state shall submit a modified program description, Attorney
General's statement, Memorandum of Agreement, or such other documents as
EPA determines to be necessary under the circumstances.

(2)	Whenever EPA determines that the proposed program revision is
substantial, EPA shall issue public notice and provide an opportunity to
comment for a period of at least 30 days. The public notice shall be
mailed to interested persons and shall be published in the Federal
Register and in enough of the largest newspapers in the state to provide
statewide coverage. The public notice shall summarize the proposed
revisions and provide for the opportunity to request a public hearing.
Such a hearing will be held if there is significant public interest
based on requests received.

(3)	The Administrator shall approve or disapprove program revisions
based on the requirements of this part and of the Safe Drinking Water
Act.

(4)	A program revision shall become effective upon the approval of the
Administrator. Notice of approval of any substantial revision shall be
published in the Federal Register. Notice of approval of non-substantial
program revisions may be given by a letter from the Administrator to the
State Governor or his designee.)

(ii)	Exemption of aquifers identified under subparagraph (7)(c) of this
Rule shall become final if the Commissioner submits the exemption in
writing to the EPA Administrator and the EPA Administrator has not
disapproved the designation within 45 days.  Any disapproval by the EPA
Administrator shall state the reasons and shall constitute final Agency
action for purposes of judicial review.

(c)	1. 	For Class III wells, the Commissioner shall require an applicant
for a permit which necessitates an aquifer exemption under part (7)(b)1
of this Rule to furnish the data necessary to demonstrate that the
aquifer is expected to be mineral or hydrocarbon producing.  Information
contained in the mining plan for the proposed project, such as a map and
general description of the mining zone, general information on the
mineralogy and geochemistry of the mining zone, analysis of the
amenability of the mining zone to the proposed mining method, and a
time-table of planned development of the mining zone shall be considered
by the Commissioner in addition to the information required.

2.	For Class II wells, a demonstration of commercial producibility shall
be made as follows:

(Rule 1200—4—6—.04 continued)

(i)	For a Class II well to be used for enhanced oil recovery processes
in a field or project containing aquifers from which hydrocarbons were
previously produced, commercial producibility shall be presumed by the
Commissioner upon a demonstration by the applicant of historical
production having occurred in the project area or field; and

(ii)	For Class II wells not located in a field or project containing
aquifers from which hydrocarbons were previously produced, information
such as logs, core data, formation description, formation depth,
formation thickness and formation parameters such as permeability and
porosity shall be considered by the Commissioner, to the extent such
information is available.

(7)	Exempted Aquifers

An aquifer or a portion thereof which meets the criteria for an
“underground source of drinking water'' may be determined to be an
“exempted aquifer'' if it meets the following criteria:

(a)	It does not currently serve as a source of drinking water; and

(b)	It cannot now and will not in the future serve as a source of
drinking water because:

1.	It is mineral, hydrocarbon or geothermal energy producing, or can be
demonstrated by a permit applicant as part of a permit application for a
Class II or III operation to contain minerals or hydrocarbons that
considering their quantity and location are expected to be commercially
producible;

2.	It is situated at a depth or location which makes recovery of water
for drinking water purposes economically or technologically impractical;

3.	It is so contaminated that it would be economically or
technologically impractical to render that water fit for human
consumption; or

4.	It is located over a Class III well mining area subject to subsidence
or catastrophic collapse; 

or

(c)	The total dissolved solids content of the ground water is more than
3,000 and less than 10,000 mg/l and it is not reasonably expected to
supply a public water system.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985 effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed February 17,
2010; effective date May 18, 2010

1200—4—6—.05 Injected Fluid Standards

(1)	Any fluid injected into or above a USDW shall meet the following
standards unless specific alternate standards are established by the
Department for the individual discharge based on hydrogeologic setting,
character of the injectate, risk to the environment and persons
utilizing the ground water resource and compliance with
1200-4-6-.05(1)(j):

(a)	Dissolved oxygen - The injected fluid shall contain dissolved oxygen
in at least the amount that naturally occurs in that portion of the
aquifer where the injection occurs.

(Rule 1200—4—6—.05 continued)

(b)	Oils and grease - The injected fluid shall contain no oil and grease
other than that of natural origin in that portion of the aquifer where
the injection occurs.

(c)	Color and turbidity - The injected fluids shall contain no color or
turbidity other than that of natural origin in that portion of the
aquifer where the injection occurs.

(d)	Coliform bacteria - The concentration of a fecal coliform group
shall not exceed 200 per 100 ml. as a geometric mean based on a minimum
of 10 samples collected from a given sampling point over a period of not
more than 30 consecutive days with individual samples being collected at
intervals of not less than 12 hours. For the purposes of determining the
geometric mean, individual samples having a fecal coliform group
concentration of less than 1 per 100 ml. shall be considered as having a
concentration of 1 per 100 ml. In addition, the concentration of the
fecal coliform group in any individual sample shall not exceed 1,000 per
100 ml.

(e)	Taste and odor - The injected fluids shall have no taste or odor
other than that which naturally occurs in that portion of the aquifer
where the injection occurs.

(f)	pH - The injected fluids shall have a pH level as naturally occurs
in that portion of the aquifer where the injection occurs or as may
result from normal agricultural, or silviculture activity provided all
reasonable controls are used.

(g)	Chemical constituents - The injected fluids shall be free from
chemical constituents, other than those of natural origin in that
portion of the aquifer where the injection occurs, in concentrations
specified in 1200-5-1-.19, or combinations which would be harmful to
human, animal or aquatic life or detrimental to the most sensitive and
governing water use. Criteria for chemical constituents contained in
guidelines published by the US Environmental Protection Agency shall be
considered.

(h)	Solids, floating materials and deposits - The injected fluid shall
be free of distinctly visible solids, scum, foam, or oily sleek other
than those of natural origin in that portion of the aquifer where the
injection occurs.

(i)	Other pollutants - The injected fluid shall contain no other
pollutants that may be detrimental to public health or impair the
usefulness of the water for the most sensitive and governing water use.

(j)	The operation of an underground injection system shall not cause any
aquifer designated as a USDW to contain any substances, whether alone or
in combination with other substances, that are toxic, carcinogenic,
mutagenic, or teratogenic, other than those of natural origin, at levels
and conditions which violate primary drinking water standards as given
in 1200-5-1 or adversely affect the health of persons.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985 effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed February 17,
2010; effective date May 18, 2010

1200—4—6—.06 Classification Of Injection Wells.  Injection wells
within the jurisdiction of the Department are classified as follows:

(1)	Class I

(a)	Wells used by generators of hazardous waste or owners or operators
of hazardous waste management facilities to inject hazardous waste,
beneath the lowermost formation containing within a radius of one mile
of the well bore, a USDW; or

(Rule 1200—4—6—.06 continued)

(b)	Other industrial and municipal disposal wells which inject fluids
beneath the lowermost formation containing, within a radius of one mile
of the well bore, a USDW.

(c)	Radioactive waste disposal wells which inject fluids below the
lowermost formation containing an underground source of drinking water
within one mile of the well bore.

(2)	Class II—Wells that inject fluids:

(a)	Which are brought to the surface in connection with conventional oil
or natural gas production and may be commingled with waste waters from
gas plants which are an integral part of production operations, unless
those waters are classified as a hazardous waste at the time of
injection;

(b)	For enhanced recovery of oil or natural gas; and

(c)	For storage of hydrocarbons which are liquid at standard temperature
and pressure.

(3)	Class III—Wells that inject fluids for extraction of minerals
including:

(a)	Mining of sulfur by the Frasch process;

(b)	In-situ production of uranium or other metals. This category
includes only in-situ production from ore bodies which have not been
conventionally mined. Solution mining of conventional mines such as
stope leaching is included in Class V; or

(c)	Solution mining of salts or potash.

(4)	Class IV

(a)	Wells used by generators of hazardous waste or of radioactive waste,
by owners or operators of hazardous waste management facilities, or by
owners or operators of radioactive waste disposal sites, to dispose of
hazardous waste or radioactive waste into a formation which within one
mile of the well contains a USDW; or

(b)	Wells used by generators of hazardous waste or of radioactive waste,
by owners or operators of hazardous waste management facilities, or by
owners or operators of radioactive waste disposal sites, to dispose of
hazardous waste or radioactive waste above a formation which within one
mile of the well contains a USDW.

(c)	Wells used by generators of hazardous waste or owners or operators
of hazardous waste management facilities to dispose of hazardous waste,
which cannot be classified under subparagraph (1)(a) or subparagraphs
(4)(a) and (b) of this rule.

(5)	Class V—Injection wells or systems not included in Classes 1, II,
III, or IV. Class V wells include:

(a)	Air conditioning return flow wells used to return to the supply
aquifer the water used for heating or cooling in a heat pump;

(b)	Drainage wells used to drain surface fluid, primarily storm runoff,
into a subsurface formation;

(c)	Cooling water return flow wells used to inject water previously used
for cooling;

(d)	Recharge wells used to replenish the water in an aquifer;

(Rule 1200—4—6—.06 continued)

(e)	Sand backfill and other backfill wells used to inject a mixture of
water and sand, mill tailings or other solids into mined-out portions of
subsurface mines whether what is injected is a radioactive waste or not;

(f)	Subsidence control wells (not used for the purpose of oil or natural
gas production) used to inject fluids into a non-oil or gas producing
zone to reduce or eliminate subsidence associated with the overdraft of
fresh water;

(g)	Injection systems associated with remedial activity.  This
subparagraph does not allow the injection of hazardous waste into a
Class V well.  Systems used to inject contaminated ground water that has
been treated and is being reinjected into the same formation from which
it was drawn are not prohibited by this rule if such injection is
approved by state or federal agencies operating under the Tennessee
Hazardous Waste Management Act, Part 1 or Part 2, T.C.A. Sections
68-212-101 et seq. or 68-212-201 et seq. or Tennessee Petroleum
Underground Storage Tank Act, T.C.A. Sections 68-215-101 et seq. or
Tennessee Water Quality Control Act, T.C.A. Sections 69-3-101 et seq. or
Resource Conservation and Recovery Act (RCRA); 42 USC 6901-6992k or
Comprehensive Environmental Response and Liability Act of 1980; 42 USC
9601-9675;

(h)	Injection wells associated with the recovery of geothermal energy
for heating, aquaculture and production of electric power;

(i)	Wells used for solution mining of conventional mines such as stopes
leaching;

(j)	Injection wells used in innovative or experimental technologies;

(k)	Injection wells used for in site recovery of lignite, coal, tar
sands, and oil shale; and

(1)	Wells used to inject spent brine into the same formation from which
it was withdrawn after extraction of halogens or their salts.

(m)	Large capacity subsurface fluid distribution systems with the
capacity to serve more than 20 persons per day.

(n)	Infiltration cells.

(o)	Subsurface fluid distribution systems disposing of waste other than
sanitary waste.

(p)	Dry wells used for the injection of wastes into a subsurface
formation;

(q)	Modification of a recharge point or the area where the recharge
originates; and

(r)	Improved sinkholes

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985 effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed February 17,
2010; effective date May 18, 2010

1200—4—6—.07 Permit Required.

(1)	Except for exclusions specified in paragraph 1200—4—6—.03(3),
all injection wells and activities must be authorized by permit or by
rule.

(2)	For new injection wells, a permit must be obtained before
construction commences, unless the injection is authorized by rule as
described in paragraph 1200—4—6—.14(2).

(Rule 1200—4—6—.07 continued)

(3)	The owner or operator of an existing Class II or III injection well
shall complete, sign and submit to the Department an application for
permit in conformance with this Chapter within six (6) months from the
date of approval of these Rules.  The owner or operator must demonstrate
to the satisfaction of the Department that the existing well complies
with all applicable Rules of this Chapter.

(4)	Continued injection into existing Class V Wells is authorized by
virtue of this rule provided compliance with rule 1200-4-6-.05(1) and
any other applicable rules of this Chapter are maintained.
Owners/operators of existing Class V wells that fail to maintain
compliance shall immediately cease operation and submit an application. 
Owners/operators of all existing Class V 

	wells shall submit an application within the appropriate time frame for
each grand division as specified in this rule.  Within six (6) months of
the effective date of this rule, owner/operators of injection wells
within the Western Grand Division must submit an application. Within
twelve (12) months of the effective date of this rule, owner/operators
of injection wells within the Central Grand Division must submit an
application.   Within eighteen (18) months of the effective date of this
rule, owner/operators of injection wells within the Eastern Grand
Division must submit an application.  If an application for an existing
Class V well is not submitted within the specified timeframe, the
owner/operator shall be subject to an application fee for a new well as
specified in 1200-4-6-.18(1).

(5)	The Department may require the owner or operator of a Class V
injection well authorized by rule to apply for and obtain an injection
well permit. Cases for which a permit may be required include:

(a)	The injection well is not in compliance with the standards required
by this Chapter.

(b)	Compliance with standards in addition to those listed in this
Chapter is required to protect USDWs from pollution.

(6)	Reserved.

(7)	Class V wells utilizing innovative or experimental technologies, may
not be authorized by rule, but only by a permit.  The permit shall
require a surety bond.

(8)	Emergency permits.

(a)	Coverage.  Notwithstanding any other provision of this Rule the
Commissioner may temporarily permit a specific underground injection if:

1.	An imminent and substantial endangerment to the health of persons
will result unless a temporary emergency permit is granted, provided the
injection will not result in the movement of fluids into underground
sources of drinking water; or

2.	(i)	A substantial and irretrievable loss of oil or gas resources will
occur unless a temporary emergency permit is granted to a Class II well;
and

(ii)	Timely application for a permit could not be practically made; and

(iii)	The injection will not result in the movement of fluids into
underground sources of drinking water; or

3.	A substantial delay in production of oil or gas resources will occur
unless a temporary emergency permit is granted to a new Class II well
and the temporary authorization will not result in the movement of
fluids into an underground source of drinking water.

(b)	Requirements for issuance.

(Rule 1200—4—6—.07 continued)

1.	Any temporary permit under part (a)1 of this paragraph shall be for
no longer term than required to prevent the hazard.

2.	Any temporary permit under part (a)2 of this paragraph shall be for
no longer than 90 days, except that if a permit application has been
submitted prior to the expiration of the 90-day period, the Commissioner
may extend the temporary permit until final action on the application.

3.	Any temporary permit under part (a)3 of this paragraph shall be
issued only after a complete permit application has been submitted and
shall be effective until final action on the application.

4.	Notice of any temporary permit under this paragraph shall be
published in accordance with paragraph (7) of Rule 1200-04-06-.08 within
ten days of the issuance of the permit.

5.	The temporary permit under this paragraph may be either verbal, or
written.  If verbal authorization, it must be followed within 5 calendar
days by a written temporary emergency permit.

6.	The Commissioner shall condition the permit in any manner he or she
determines is necessary to ensure that the injection will not result in
the movement of fluids into an underground source of drinking water.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985; effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed February 17,
2010; effective date May 18, 2010

1200—4—6—.08 Authorization By Permit For Injection Wells Not
Authorized By Rule.

(1)	Permit Application — All permit applicants for injection wells not
authorized by rule shall provide the following information to the
Department, using a form provided by the Department:

(a)	The activities conducted by the applicant which require it to obtain
a UIC permit.

(b)	Name, mailing address, and location of the facility for which the
application is submitted.

(c)	Up to four North American Industry Classification System (NAICS)
codes which best reflect the principal products or services provided by
the facility.

(d)	The operator’s name, address, telephone number, ownership status,
and status as Federal, State, private, public, or other entity.

(e)	Whether the facility is located on Indian lands.

(f)	A listing of all permits or construction approvals received or
applied for under any of the following programs:

1.	Hazardous Waste Management program under federal or state law.

2.	UIC program under federal or state law.

3.	NPDES program under federal or state law.

(Rule 1200—4—6—.08 continued)

4.	Prevention of Significant Deterioration (PSD) program under federal
or state law.

5.	Nonattainment program under federal or state law.

6.	National Emission Standards for Hazardous Pollutants (NESHAPS)
preconstruction approval under federal or state law.

7.	Ocean dumping permits under the Marine Protection Research and
Sanctuaries Act.

8.	Dredge and fill permits under section 404 of the Clean Water Act, 33
U.S.C. Section 1344.

9.	Other relevant environmental permits.

(g)	A topographic map (or other map if a topographic map is unavailable)
extending one mile beyond the property boundaries of the source
depicting the facility and each of its intake and discharge structures;
each of its hazardous waste treatment, storage, or disposal facilities;
each well where fluids from the facility are injected underground; and
those wells, springs, surface water bodies, and drinking water wells
listed in public records or otherwise known to the applicant within a
quarter mile of the facility property boundary.

(h)	A brief description of the nature of the business.

(2)	A permit application will be processed when:

(a)	A completed application form, all information required by these
Rules and any supplemental information, as may be required, is submitted
to the Department. The application shall identify (by narrative
description, illustrations, maps, or other suitable means) and describe
by geographic or geometric terms (including lateral and vertical limits
and gradients) the area intended to be used as an injection zone.

(b)	The feasibility requirements that apply to the proposed injection
well have been satisfied.

(3)	Duration of permits.

(a)	Permits for Class I and V wells and authorizations for Class V wells
shall be effective for a fixed term not to exceed five (5) years. 
Permits for Class II and III wells may be issued for a period up to the
operating life of the facility. Each Class II or III well permit shall
be reviewed at least once every five (5) years to determine whether it
should be modified, revoked and reissued, or revoked as provided in
Paragraphs 1200—4—6—.08(7) and (8).

(b)	Except as provided by the Uniform Administrative Procedures Act,
T.C.A. §§4—5—101 et seq., the term of a permit shall not be
extended by modification beyond the maximum duration specified in this
rule.

(c)	The Department may issue any permit for a duration that is less than
the full allowable term under this rule.

(4)	Schedules of compliance

(a)	The permit may when appropriate specify a schedule of compliance.

(b)	Time for compliance. Any schedule of compliance shall require
compliance as soon as possible but in no case later than three (3) years
after the effective date of the permit.

(Rule 1200—4—6—.08 continued)

(c)	Interim dates. Except as provided in this section, if a permit
establishes a schedule of compliance which exceeds one (1) year from the
date of permit issuance, the schedule shall set forth interim
requirements and the dates for their achievements.

1.	The time between interim dates shall not exceed one (1) year.

2.	If the time necessary for completion of any interim requirement (such
as the construction of a control facility) is more than one (1) year and
is not readily divisible into stages for completion, the permit shall
specify interim dates for the submission of reports of progress toward
completion of the interim requirements and indicate a projected
completion date.

(d)	Reporting. Progress reports shall be submitted no later than thirty
(30) days following each interim date and the final date of compliance.

(5)	Effect of a permit

(a)	A permit may be revoked, suspended or modified during its term for
cause, under T.C.A. §69-3-108(f).

(b)	The issuance of a permit does not convey any property rights of any
sort, or any exclusive privilege.

(c)	The issuance of a permit does not authorize any injury to persons or
property or invasion of other property rights, or any infringement of
other State, Federal or local laws or regulations. In particular, the
issuance of a permit does not relieve a  Class I, Class  IV or Class V
well permittee from any applicable requirement he may be subject to
under the Tennessee Hazardous Waste Management Act (T.C.A. 6—46—101
et. seq.)

(6)	Transfer of permits—A permit may be transferred by the permittee
to a new owner or operator if the permit has been modified or revoked
and reissued or a minor modification made.

(7)	Public notice of permit actions and public comment period.

(a)	Scope. The Department shall give public notice that the following
actions have occurred:

1.	A draft permit has been prepared. A draft permit shall contain:

				(i)	All permit conditions;

				(ii)	All compliance schedules for corrective action; and

				(iii)	All monitoring requirements.

(b)	Upon request, the Department shall send to the requestor copies of
the foregoing documents.

(c)	Timing

1.	Public notice of the preparation of a draft permit shall allow at
least thirty (30) days for public comment.

2.	Public notice of a public hearing shall be given at least thirty (30)
days before the hearing. (Public notice of the hearing may be given at
the same time as public notice of the draft permit and the two notices
may be combined.)

(d)	Methods.  Public notices of permit actions shall be given by the
following methods:

(Rule 1200—4—6—.08 continued)

1.	By mailing a copy of a notice to the following persons (any person
otherwise entitled to receive notice under this paragraph may waive his
or her rights to receive notice for any classes and categories of
permits):

				(i)	the applicant;

(ii)	any other agency which the Department knows has issued or is
required to issue a RCRA, PSD, NPDES or 404 permit for the same facility
or activity;

(iii)	federal, state and local agencies with jurisdiction over fish,
shellfish, and wildlife resources; the Advisory Council on Historic
Preservation, state historic preservation 	officers, and other
appropriate government authorities, including any affected States;

				(iv)	persons on a mailing list developed by:

(I)	notifying the public of the opportunity to be put on the mailing
list through periodic publication in the public press and in other
publications such as Regional and State funded newsletters,
environmental bulletins, or State law journals; and

(II)	including those who request in writing to be on the list. (The
Department may update the mailing list from time to time by requesting
written) indication of continued interest from those listed.  The
Department may delete from the list the name of any person who fails to
respond to such a request.

2.	By publication of a notice in a daily or weekly newspaper within the
area to be affected by the facility or activity;

3.	Any other method reasonably calculated to give actual notice of the
action in question to the persons potentially affected by it, including
press releases or any other forum or medium to elicit public
participation.

(e)	Contents.  All public notices of permit actions shall contain the
following minimum information:

1.	Name and address of the Department office processing the permit
action for which notice is being given;

2.	Name and address of the permittee or permit applicant and, if
different, of the facility or activity regulated by the permit;

3.	A brief description of the business conducted at the facility or
activity described in the permit application;

4.	A description of the type and quantity of wastes, fluids, or
pollutants which are proposed to be injected;

5.	A brief summary of the basis for the permit conditions;

(Rule 1200—4—6—.08 continued)

6.	Reasons why any requested variances do or do not appear justified;

7.	Name, address, and telephone number of a person from whom interested
persons may obtain further information including copies of the draft
permit, fact sheet when prepared, and the application;

8.	A brief description of the applicable comment procedures including,
the beginning and ending dates of the comment period, procedures for
requesting a hearing, and any other procedures by which the public may
participate in the final decision;

9.	Reference to the date of previous public notices relating to the
permit;

10.	Date, time, and place of the hearing;

11.	A brief description of the nature and purpose of the hearing
including the applicable rules and procedures; and

12.	Any additional information considered necessary or proper.

(f)	Public comments and requests for public hearings. During the public
comment period, any interested person may submit written comments on the
permit application or draft permit and may request a public hearing. A
request for a public hearing shall be in writing and shall state the
nature of the issues proposed to be raised.

(g)	Public hearings.  The Department shall hold a public hearing
whenever, as evidenced by requests, there is public interest in a draft
permit.  A public hearing may also be held at the Department’s
discretion to clarify issues in the permit.

(h)	Consideration of comments and response.

1.	All comments submitted during the public comment period and all
hearing testimony shall be considered in making the final decision.

2.	If a decision is reached to issue a final permit, the Department
shall respond to comments when the permit is issued. This response
shall:

(i)	Be made available to the public;

(ii)	Specify which provisions, if any, of the draft permit have been
changed in the final permit, and the reasons for the change; and

(iii)	Briefly describe and respond to all significant comments on the
draft permit raised during the public comment period, or during any
hearing.

	(i)	Notice of final permit decision.

1.	After the close of the comment period, the Commissioner shall notify
the applicant and each person who has submitted written comments, or
requested notice, of the final permit decision.  This notice shall
contain reference to the procedures for appealing a permit decision.

2.	A final permit decision shall become effective thirty (30) days after
service of notice on the applicant of the final permit decision, unless
a later date is specified in the notice, or a petition is filed pursuant
to paragraph (j) or (k) below.

(Rule 1200—4—6—.08 continued)

(j)	Within thirty (30) days of receipt of notice of a final permit
decision, or prior to any later date specified in the notice, any person
other than the applicant who has filed comments on that permit, or its
drafts, may petition the Board for a hearing on the permit or any
condition of the permit.  The petition shall include a statement of all
of the permit conditions which are challenged and the reasons supporting
the challenge. This hearing shall be legislative in nature and shall not
be a contested case within the meaning of T.C.A. §4—5—102, the
Uniform Administrative Procedures Act.  The Board shall make a
recommendation on issuance or denial of the permit or permit conditions
to the Commissioner that shall become final and effective in thirty (30)
days if the Commissioner takes no action.

(k)	Within thirty(30) days of receipt of notice of a final permit
decision, the permit applicant may file a petition with the Board for a
contested case hearing pursuant to T.C.A. §§69—3—105 and
4—5—301 et seq.

(8)	Modification or revocation and reissuance of permits.—When the
Department determines that one or more causes exist for modification or
revocation and reissuance of a permit, the Department may modify or
revoke and reissue the permit accordingly, subject to the limitations of
subparagraph (c) of this paragraph, and may request an updated
application if necessary. When a permit is modified, only the conditions
subject to modification are reopened. 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. If a permit modification satisfies
the criteria for minor modifications, the permit may be modified without
a draft permit or public review. Otherwise, a draft permit must be
prepared and public review procedures as set out herein must be
followed.

(a)	Causes for modification.  The following are causes for modification
and may be causes for revocation and reissuances.

1.	Alterations.  There are material and substantial alterations or
additions to the permitted facility or activity which occurred after
permit issuance which justify the application of permit conditions that
are different or absent in the existing permit.

2.	Information.  The Department has received information that was not
available at the time of permit issuance (other than revised
regulations, guidance, or test methods) and would have justified the
application of different permit conditions at the time of issuance. This
cause shall include any information indicating that cumulative effects
on the environment are unacceptable.

3.	New regulations. The standard 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. 
Permits other than for Class 11 or III wells may be modified during
their terms for this cause, only as follows:

(i)	For promulgation of amended standards or regulations, when:

(I)	The permit condition requested to be modified was based on a
Departmental regulation;

(II)	The Department has revised withdrawn, or modified that portion of
the regulation on which the permit condition was based; and

(III)	A permittee requests modification within thirty (30) days after
public notice of the action on which the request is based.

(ii)	For judicial decisions, a court of competent jurisdiction has
remanded and stayed Department promulgated regulations if the remand and
stay 

(Rule 1200—4—6—.08 continued)

concern that portion of the regulations on which the permit condition
was based and a request is filed by the permittee in accordance with
these regulations within thirty (30) days of judicial remand.

4.	Compliance schedules. The Department determines good cause exists for
modification of a compliance schedule, such as an act of God, strike,
flood, or materials shortage or other events over which the permittee
has little or no control and for which there is no reasonably available
remedy.

(b)	Causes for modification or revocation and reissuance. The following
are causes to modify or, alternatively, revoke and reissue a permit:

1.	Cause exists for revocation and the Department determines that
modification or revocation and reissuance is appropriate.

2.	The Department has received notification of a proposed transfer of
the permit.

(c)	Facility siting. Suitability of the facility location will not be
considered at the time of permit modification or revocation and
reissuance unless new information or standards indicate that a threat to
human health or the environment exists which was unknown at the time of
permit issuance.

(9)	Revocation of permits or denial of renewal application.

(a)	The Department may revoke a permit during term, or deny a permit
renewal application for the following causes:

1.	Noncompliance by the permittee with any condition of the permit;

2.	The permittee’s failure in the application or during the permit
issuance process to disclose fully all relevant facts, or the
permittee’s misrepresentation of any relevant facts at any time; or

3.	A determination that the permitted activity endangers human health or
the environment and can only be regulated to acceptable levels by permit
modification or revocation.

(b)	Notice of intent to revoke and reissue, or terminate.  If the
Department tentatively decides to revoke and reissue a permit, a notice
of intent to revoke and reissue, or notice of intent to terminate shall
be issued.

(10)	Minor Modifications—Upon the consent of the permittee, the
Department may modify a permit to make the corrections or allowances for
changes in the permitted activity listed in this paragraph without
following the entire permitting procedure. Minor modifications may only:

(a)	Correct typographical errors;

(b)	Require more frequent monitoring or reporting by the permittee;

(c)	Change an interim compliance date in a schedule of compliance,
provided the new date is not more than 120 days after the date specified
in the existing permit and does not interfere with attainment of the
final compliance date requirement;

(d)	Change quantities or types of fluids injected which are injected
within the capacity of the facility as permitted and, in the judgment of
the Department would not interfere with the operation of the facility or
its ability to meet conditions described in the permit and would not
change its classification;

(Rule 1200—4—6—.08 continued)

(e)	Change a construction requirement approved by the Department,
provided that any such alteration shall comply with all requirements of
this rule; or

(f)	Amend a plugging and abandonment plan.

(g)	Allow for a change in ownership or operational control of a facility
where the Commissioner determines that no other change in the permit is
necessary, provided that a written agreement containing a specific date
for transfer of permit responsibility, coverage, and liability between
the current and new permittees has been submitted to the commissioner.

(11)	Confidentiality of information—The handling of confidential
information shall be governed by T.C.A. § 69-3-113.

(12)	Signatories to applications and reports.

(a)	Applications. All permit applications, shall be signed as follows:

1.	For a corporation: by a responsible corporate officer. For the
purpose of this part, a responsible corporate officer means (1)
president, secretary, treasurer, or vice-president of the corporation in
charge of a principal business function or any other person who performs
similar policy or decision making functions for the corporation, or (II)
the manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual sales
or expenditures exceeding 25 million dollars (in second quarter 1980
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures. Note: The
Department does not require specific assignments or delegations of
authority to responsible corporate officers identified in subpart (f). 
The Department will presume that these responsible corporate officers
have the requisite authority to sign permit applications unless the
corporation has notified the Commissioner to the contrary. Corporate
procedures governing authority to sign permit applications may provide
for assignment or delegation to applicable corporate positions under
item (II) rather than the specific individuals.

2.	For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or

3.	For a municipality, State, Federal, or other public agency: by either
a principal executive officer or ranking elected official.

(b)	Reports. All reports required by permits, and other information
requested by the Department, shall be signed by a person described in
sub-paragraph (a) above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:

1.	The authorization is made in writing by a person described in
subparagraph (a);

2.	The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or
activity, such as the position of plant manager, operator of a well or
well field, superintendent, or position of equivalent responsibility (A
duly authorized representative may thus be either a named individual or
any individual occupying a named position.); and

3.	The written authorization is submitted to the Department.

(Rule 1200—4—6—.08 continued)

(c)	Changes to authorization. If an authorization under subparagraph (b)
is no longer accurate because a different individual or position has
responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of subparagraph (b) must be
submitted to the Department prior to or at the time any reports,
information, or applications signed by an authorized representative are
submitted.

(d)	Certification. Any person signing a document under this section
shall make the following certification.

	“I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations.”

(13)	Permit Requirements—All UIC permits shall contain permit
conditions established by the Commissioner as necessary to fulfill the
purposes of the Tennessee Water Quality Control Act, T.C.A.
§§69—3—101 et seq., a description of the injection zone being
permitted, and any necessary corrective action as stated under rule
1200—4—6—.09(5). The permit conditions shall be set at levels to
prevent adverse effects to persons utilizing the ground water resource
after consideration of at least the following factors: any guidelines
set for certain pollutants by U.S.E.P.A., the flow characteristics of
ground water, risk to humans, and the risk of migration. The following
conditions (a) through (n) apply to all UIC permits. All conditions
applicable to all permits shall be incorporated into the permits either
expressly or by reference. If incorporated by reference, a specific
citation to these regulations must be given in the permit.

(a)	The permittee must comply with all conditions of this permit and all
applicable laws and regulations. Any permit noncompliance constitutes a
violation of the Tennessee Water Quality Control Act and is grounds for
enforcement action; for permit termination, revocation and reissuance,
or modification; or for denial of a permit renewal application.

(b)	If the permittee wishes to continue an activity regulated by this
permit after the expiration date of this permit, the permittee must
apply for and obtain a new permit prior to expiration of this permit.

(c)	It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this
permit.

(d)	The permittee shall take all reasonable steps to minimize or correct
any adverse impact on the environment resulting from non-compliance with
this permit.

(e)	The permittee shall at all times properly operate and maintain all
facilities and systems of related appurtenances) which are installed or
used by the permittee to achieve compliance with the conditions of this
permit. Proper operation and maintenance includes effective performance,
adequate funding, adequate operator staffing and training, and adequate
laboratory and process controls, including appropriate quality assurance
procedures. This provision requires the operation of back-up or
auxiliary facilities or similar systems only when necessary to achieve
compliance with the conditions of the permit.

(f)	This permit may be modified, revoked and reissued, or terminated for
cause. The filing of a request by the permittee for a permit
modification, revocation and reissuance, or 

(Rule 1200—4—6—.08 continued)

termination, or a notification of planned changes or anticipated
noncompliance, does not stay any permit condition.

(g)	This permit does not convey any property rights of any sort, or any
exclusive privilege.

(h)	The permittee shall furnish to the Department, within a time
specified, any information which the Department may request to determine
whether cause exists for modifying, revoking and reissuing, or
terminating this permit, or to determine compliance with this permit.
The permittee shall also furnish to the Department, upon request, copies
of records required to be kept by this permit.

(i)	The permittee shall allow Department personnel, or an authorized
representative of the Department, upon the presentation of credentials
to:

1.	Enter upon the permittee’s premises where a regulated facility or
activity is located or conducted, or where records must be kept under
the conditions of this permit;

2.	Have access to and copy, at reasonable times, any records that must
be kept under the conditions of this permit;

3.	Inspect at reasonable times any facility, equipment (including
monitoring and control equipment), practices, or operations regulated or
required under this permit; and

4.	Sample or monitor at reasonable times, for the purposes or assuring
permit compliance or as otherwise authorized by the Tennessee Water
Quality Control Act, any substances or parameters at any location.

(j)	Monitoring and records.

1.	Samples and measurements taken for the purpose of monitoring shall be
representative of the monitored activity. The permittee shall monitor
injection fluids, injection operations, and local ground water supplies,
in accordance with the requirements for the applicable class of well
stated in rules 1200—4—6—.10 through 1200—4—6—.14.

2.	The permittee shall retain records of all monitoring information,
including the following:

(i)	Calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation, copies of all
reports required by this permit, and records of all data used to
complete the application for this permit, for a period of at least 3
years from the date of the sample, measurement, report, or application.
This period may be extended by request of the Department at any time;
and

(ii)	The nature and composition of all injected fluids until three years
after the completion of any plugging and abandonment procedures. The
Department may require the owner or operator to deliver the records to
the Department at the conclusion of the retention period.

3.	Records of monitoring information shall include:

(Rule 1200—4—6—.08 continued)

(i)	The date, exact place, and time of sampling or measurements;

(ii)	The individual(s) who performed the sampling or measurements;

(iii)	The date(s) analyses were performed;

(iv)	The individual(s) who performed the analyses;

(v)	The analytical techniques or methods used; and

(vi)	The results of such analyses.

(k)	All applications, reports, or information submitted to the
Department shall be signed and certified.

(l)	Reporting requirements.

(i) 	Planned Changes. The permittee shall give notice to the Department
as soon as possible of any planned physical alterations or additions to
the permitted facility.

(ii)	Anticipated noncompliance. The permittee shall give advance notice
to the Department of any planned changes in the permitted facility or
activity which may result in noncompliance with permit requirements.

(iii)	Transfers. See subsections (5), (7), (8) and (9) of this Rule.

(iv)	Monitoring reports. Monitoring results shall be reported at the
intervals specified elsewhere in this permit.

(v)	Compliance schedules. Reports of compliance or noncompliance with,
or any progress reports on, interim and final requirements contained in
any compliance schedule of this permit shall be submitted no later than
30 days following each schedule date.

(vi)	Twenty-four hour reporting. The permittee shall report any
noncompliance which may endanger health or the environment, including:

(I)	Any monitoring or other information which indicates that any
contaminant may cause an endangerment to USDWs; or

(II)	Any noncompliance with a permit condition or malfunction of the
injection system which may cause fluid migration into or between USDWs.

Any such information shall be provided orally within 24 hours from the
time the permittee becomes aware of the circumstances. A written
submission shall also be provided within 72 hours of the time the
permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance and its cause, the
period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is 

(Rule 1200—4—6—.08 continued)

expected to continue; and steps taken or planned to reduce, eliminate
and prevent reoccurrence of the noncompliance.

(vii)	Other noncompliance. The permittee shall report all instances of
noncompliance not reported under paragraphs i, iv, v, and vi of this
section, at the time monitoring reports are submitted. The reports shall
contain the information listed in paragraph (l)(vi) of this section.

(viii)	Other information. Where the permittee becomes aware that it
failed to submit any relevant acts in a permit application, or submitted
incorrect information in a permit application or in any report to the
Department, it shall promptly submit such facts or information.

(m)	Requirements prior to commencing injection. Except for all new wells
authorized by an area permit under rules 1200—4—6—.11 and
1200—4—6—.12, a new injection well may not commence injection
until construction is complete, and

1.	The permittee has submitted notice of completion of construction to
the Director; and

2.	(i)	The Department has inspected or otherwise reviewed the new 
injection well and finds it is in compliance with the conditions of 	the
permit; or

(ii)	The permittee has not received notice from the Director of his or
her intent to inspect or otherwise review the new injection well within
13 days of the date of the notice in paragraph (m)(l) of this section,
in which case prior inspection or review is waived and 

	the permittee may commence injection. The Director shall include in his
notice a reasonable time period in which he shall inspect the well.

(n)	The permittee shall notify the Department at such times as the
permit requires before conversion or abandonment of the well, or in the
case of area permits, before closure of the project.

(o)	The permittee shall at all times maintain sufficient financial
resources to allow for the proper plugging and abandonment of the well. 
In the event of a change of ownership or other transfer of permit, the
transferee shall provide proof of financial responsibility before
continued operation.  

1.	For Class I and III wells, a surety bond or cash bond shall be filed
with the Department prior to permit issuance.  At the Department’s
discretion, other forms of financial assurance for  Class I wells may be
acceptable.

2.	Class II wells shall have a surety bond or cash bond for a total of
$4,000 per well.  If there is an existing $2,000 bond with the Tennessee
Oil and Gas Board, the bond under this rule shall be $2,000.  If no bond
currently exists, the bond shall be for $4,000.

3.	At the Department’s discretion, a bond may be required for Class V
wells.

(p)	The owner or operator of a Class I, II or III well permitted under
this part shall establish prior to commencing injection or on a schedule
determined by the Department, and 

(Rule 1200—4—6—.08 continued)

thereafter maintain mechanical integrity for the well.  When the
Department determines that a Class I, II, or III well lacks mechanical
integrity, the Department shall give written notice of the determination
to the owner or operator.  Unless the Department requires immediate
cessation, the owner or operator shall cease injection into the well
within 48 hours of receipt of the Department’s determination.  The
Department may allow plugging of the well pursuant to the requirements
of this rule or require the permittee to perform such  additional
construction, operation, monitoring, reporting and corrective action as
is necessary to prevent the movement of fluid into or between USDWs
caused by the lack of mechanical integrity.  The owner or operator may
resume injection upon written notification from the Department that the
owner or operator has demonstrated mechanical integrity pursuant to this
rule.  The Department may allow the owner or operator of a well which
lacks mechanical integrity to continue or resume injection, if the owner
or operator has made a satisfactory demonstration that there is no
movement of fluid into or between USDWs.

(q)	A Class I, II or III permit shall include and a Class V permit may
include, conditions to insure that plugging and abandonment of the well
will not allow the movement of fluids into or between USDWs.  Where the
Department's review of an application indicates that the permittee's
plan is inadequate, the Department may require the applicant to revise
the plan, prescribe conditions meeting the requirements of this
paragraph, or deny the permit. 

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985; effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed January x,
2010; effective date April x, 2010

1200—4—6—.09 General Standards And Methods.

(1)	Applicability. The provisions of this subchapter set forth standards
and requirements that apply to all classes of injection wells unless
specifically excluded or contradicted by provisions applicable to a
particular class of well.

(2)	Supervisory Standard. All phases of well construction, testing and
operation shall be supervised by a person who is knowledgeable and
experienced in practical drilling engineering and who is familiar with
the special conditions and requirements of injection well construction.

(3)	Area of Review 

(a)	Descriptions of the area of review are subject to approval by the
Department according to either subpart 4(i) or (ii)) of this
subparagraph.  The Commissioner may solicit input from the owners and
operators of injection wells within the State as to which method is most
appropriate for each geographic area or field.  In no event shall the
boundary of an area of review be less than a radius of one (1) mile from
any injection well covered by the appropriate authorization.  The
following factors are to be included in the description:

1.	Chemistry of the injection and formation fluids;

2.	Hydrogeology, including the direction of ground water movement; and

3.	Ground water use and dependence; past, present, and future, as
documented by public record and

4.	The area of potential impact as determined by either subpart (i) the
calculated zone of endangering influence or subpart (ii) a fixed radius.

(i)	Zone of endangering influence.

(Rule 1200—4—6—.09 continued)

(I)	The zone of endangering influence shall be:

I.	In the case of application(s) for well permit(s) under Rule
1200-04-06-.08, that area the radius of which is the lateral distance in
which the pressures in the injection zone may cause the migration of the
injection and/or formation fluid into an underground source of drinking
water; or

II.	In the case of an application for an area permit, the project area
plus a circumscribing area the width of which is the lateral distance
from the perimeter of the project area, in which pressures in the
injection zone may cause the migration of the injection and/or formation
fluid into an underground source of drinking water.

(II)	Computation of the zone of endangering influence may be based upon
the parameters listed below and should be calculated for an injection
time period equal to the expected life of the injection well or pattern.
 The following modified Theis equation illustrates one form which the
mathematical model may take.

r = ‘(2.25KHt) 1/2

	S10x

where:

X = 4πKH(hw-hboXSpGb

	2.3Q

r = Radius of endangering influence from injection well (length)

K = Hydraulic conductivity of the injection zone (length/time)

H = Thickness of the injection zone (length)

t = Time of injection (time)

S = Storage coefficient (dimensionless)

Q = Injection rate (volume/time)

hbo = Observed original hydrostatic head of injection zone (length)
measured from the base of the lowermost underground source of drinking
water

hw = Hydrostatic head of underground source of drinking water (length)
measured from the base of the lowermost underground source of drinking
water

SpGb = Specific Gravity of fluid in the injection zone (dimensionless)

Π (pi) = 3.142 (dimensionless)

The above equation is based on the following assumptions:

I.	The injection zone is homogeneous and isotropic;

II.	The injection zone has infinite areal extent;

(Rule 1200—4—6—.09 continued)

III.	The injection well penetrates the entire thickness of the injection
zone;

IV.	The well diameter is infinitesimal compared to “r”; when
injection time is longer than a few minutes; and

V.	The emplacement of fluid into the injection zone creates
instantaneous increase in pressure.

(ii)	Fixed radius.

(I)	In the case of application(s) for a well permit(s), a fixed radius
around the well of not less than one mile may be used.

(II)	In the case of an application for an area permit, a fixed width of
not less than one mile for the circumscribing area may be used.

In determining the fixed radius, the following factors shall be taken
into consideration:  chemistry of the injected and formation fluids;
hydrogeology; population and ground-water use and dependence; and
historical practices in the area.

(b)	The Department may require an owner or operator of an existing or
proposed injection well to submit information necessary to establish the
area of review.

(4)	Mechanical Integrity Standards.

(a)	An injection well has mechanical integrity if there is no
significant leak in the casing, tubing or packer, and if there is no
significant fluid movement into USDWs through vertical channels in and
adjacent to the injection well bore hole.

(b)	The following tests shall be used to evaluate the mechanical
integrity of an injection well:

1.	Monitoring of annulus pressure, or pressure test with liquid or gas
to detect any leaks in casing, tubing, or packer;

2.	Appropriate geophysical logs to detect any fluid movement through
vertical channels in and adjacent to the injection well borehole.

(c)	The Department may allow the use of tests to evaluate mechanical
integrity other than those listed in this Rule if such tests have been
approved in writing by the Department and, if the Department receives
authority for an underground injection control program from the U.S.
E.P.A., the E.P.A. Administrator or his designee.

(d)	Methods and standards generally accepted in the industry shall be
applied in conducting and evaluating the tests required by this section.

(5)	Corrective Action Standards

(a)	Standards

1.	Applicants for injection well permits shall identify the location of
all known wells within the area of review which penetrate the injection
zone, or in the case of Class II wells operating over the fracture
pressure of the injection formation, all known wells within the area of
review penetrating formations affected by the increase in pressure. For
such wells which are improperly sealed, completed or 

(Rule 1200—4—6—.09 continued)

abandoned, the applicant shall also submit a plan consisting of such
steps or modifications as are necessary to prevent movement of fluids
into USDWs.

(b)	Requirements

1.	Any permit issued for an existing injection well (other than a Class
II well) requiring corrective action shall include a compliance schedule
requiring any corrective action accepted or prescribed shall be
completed as soon as possible.

2.	No permit for a new injection well may authorize injection until all
required corrective action has been taken.

(c)	Injection pressure limitation—The Department may require as a
permit condition that injection pressure be so limited that pressure in
the injection zone does not exceed hydrostatic pressure at the site of
any improperly completed or abandoned well within the area of review.
This pressure limitation shall satisfy the corrective action
requirement. Alternatively, such injection pressure limitation can be
part of a compliance schedule and last until all other required
corrective action has been taken.

(d)	In determining the adequacy of corrective action to prevent fluid
movement into or between formations containing USDWs, the following
criteria and factors shall be considered by the Department:

1.	Nature and volume of the injected fluid;

2.	Nature of native fluids, and by-products of injection;

3.	Potentially affected population;

4.	Geology;

5.	Hydrology;

6.	History of the injection operation;

7.	Completion and plugging records;

8.	Abandonment procedures in effect at the time the well was abandoned;
and

9.	Hydraulic connections with formations containing USDWs.

(e)	Class III wells only.  

When setting corrective action requirements, the Commissioner shall
consider the overall effect of the project on the hydraulic gradient in
the potentially affected USDWs, and the corresponding changes in
potentiometric surface(s) and flow direction(s) rather than the discrete
effect of each well.  If a decision is made that corrective action is
not necessary based on the determinations above, the monitoring program
required in Rule 1200-04-06-.12 shall be designed to verify the validity
of such determinations.

(6)	Plugging and Abandonment Standards.

(a)	An injection well, or a test or monitor well associated with an
injection well, must be abandoned and plugged when:

(Rule 1200—4—6—.09 continued)

1.	the well is no longer usable for its intended purpose or other
purpose as approved by the Department;

2.	the well poses a potential threat to the quality of the waters of the
state; or

3.	the well has not been operated for two (2) years.

(b)	When it is necessary to plug and abandon a well covered by these
regulations, an application for a plugging and abandonment permit will
be submitted to the Department on the form prescribed. The application
will include:

1.	Reasons for abandonment;

2.	A copy of the approved plugging and abandonment plan which was
submitted with the application for construction or operation permits;
and

3.	Any modifications deemed necessary to the previously approved
plugging and abandonment plan.

(c)	The owner/operator of an abandoned injection well or facility may be
required to submit all pertinent records of construction, operation and
abandonment to the Department within a period of not less than one year
following the date of abandonment.

(d)	Any well that is to be permanently plugged and abandoned shall be
completely filled and sealed in such a manner that vertical movement of
fluid either into or between formation(s) containing USDWs through the
bore hole is not allowed. The proposed method of filling and the type of
material to be used shall be approved by the Department.

(e)	As a minimum, permanent seals must be placed in the bore hole
opposite (1) the lowermost confining bed, and (2) each intermediate
confining bed between successive formation(s) containing USDWs.

(f)	Seals intended to prevent vertical movement of water in a well bore
hole shall be composed of cement, sand-and-cement, or concrete or other
sealing materials demonstrated to the satisfaction of the Department to
be effective.

(g)	The minimum length of a seal required in (f), above, shall be 20
feet.

(h)	The bore hole above the uppermost formation(s) containing a USDW
shall be filled with materials less permeable than the surrounding
undisturbed formations, the uppermost five (5) feet of the bore hole (at
land surface) shall be filled with a material appropriate to the
intended use of the land.

(i)	The materials used to fill spaces between well seals shall be filled
with disinfected dimensionally stable materials, compacted mechanically
if necessary to avoid later settlement except that cement, cement and
sand, and concrete do not require disinfection.  disinfection of well
filling materials shall be accomplished by using chlorine compounds such
as sodium hypochlorite or calcium hypochlorite.

(j)	Temporary bridges may be used to avoid having to fill very deep
holes below the deepest point at which a permanent seal is required.
Temporary bridges used to provide a base for a permanent seal shall
consist of materials approved by the Department.

(k)	After a cessation of operations of two years, the owner or operator
shall plug and abandon the well in accordance with the plan unless he:

(Rule 1200—4—6—.09 continued)

1.	Provides notice to the commissioner; and

2.	Describes actions or procedures, satisfactory to the Commissioner
that the owner or operator will take to ensure that the well will not
endanger USDWs during the period of temporary abandonment.  These
actions and procedures shall include compliance with the technical
requirements applicable to active injection wells unless waived by the
Commissioner.

(7)	Placement of sealing materials.

(a)	Approved sealing materials used in abandonment operations shall be
introduced at the bottom of the well or interval to be sealed and placed
progressively upward to the top of the well. All such sealing materials
shall be placed in such a way as to avoid segregation or dilution of the
sealing materials.  The method of emplacing materials shall be approved
by the Department. Dumping sealing material from the top of the well
shall not be allowed.

(b)	Permanent seals shall be placed in wells or bore holes opposite
confining beds between aquifers which are identifiable as, or are
suspected of being, hydraulically separated under natural, undisturbed
conditions. After the required seal has been installed, the remainder of
the confining zone between formations containing USDWs may be filled
with sand, sand and gravel, or other rock material acceptable to the
Department.

(8)	Special Conditions.

(a)	The permanent sealing of flowing wells or wells that have a positive
shut-in pressure head at the land surface shall be accomplished only
after the wells have been prepared in such a way as to prevent any
backflow of water or other fluids at the land surface. This can be
accomplished by introducing high specific gravity fluids at the bottom
of the bore hole and filling the hole with the fluid until all flow
ceases or the shut-in pressure is reduced to zero. If the displaced
fluid constitutes a contaminant, special handling will be required to
avoid any threat to USDWs.

(b)	Prior to abandonment, any Class I or Class III well or any
monitoring well that extends to the top of the shallowest injection zone
shall be sealed from the top of the shallowest injection zone to the
land surface with neat cement grout or an approved equivalent
cementitious material such as neat cement with a maximum of 5 percent by
weight of commercially processed bentonite.

(c)	The following shall be considered in determining the adequacy of a
plugging and abandonment plan for injection wells:

1.	The type and number of plugs to be used;

2.	The placement of each plug including the elevation of the top and
bottom;

3.	The type, grade and quantity of plugging material to be used;

4.	The method of placement of the plugs;

5.	The procedure used to plug and abandon the well;

6.	Any newly constructed or discovered wells, or information, including
existing well data, within the area of review;

7.	Geologic formations present including but not limited to type of
strata, structure and location of any aquifer;

(Rule 1200—4—6—.09 continued)

8.	Economic conditions; and

9.	Such other factors that may affect the adequacy of the plan.

(9)	Verification of Procedures.

(a)	Except under emergency conditions the Department is to receive
thirty  (30) days advance notice of the intent to plug and abandon
either an injection or monitoring well in order to permit Departmental
personnel to witness the procedure.

(b)	Within ninety (90) days after completion of plugging, the permittee
shall provide to the Department documentation that the well was
adequately plugged and abandoned.

(10)	Evidence of financial responsibility shall be demonstrated to
accomplish all actions required under these rules, including all
plugging and abandonment activities. This financial responsibility
requirement does not apply to those Class V wells which are permitted by
rule.

(11)	The Commissioner may require, by written notice on a selective
well-by-well basis, an owner or operator of an injection well to
establish and maintain records, make reports, conduct monitoring, and
provide other information as is deemed necessary to determine whether
the owner or operator has acted or is acting in compliance with T.C.A.
§ 69-3-101 et seq., Tennessee Water Quality Control Act or its
implementing regulations.

(12)	All injection wells must be placed on a plat with the Register of
Deeds by the seller of the individual properties that the injection well
is located on or the injection zone is beneath.  The owner/operator of
the injection well shall have contractual agreement for access to the
injection well at all reasonable times.

(13)	Any person owning or operating an injection well shall keep the
Department advised of his or her current address and must readily accept
all mail sent by the Department.  For the purposes of this Rule,
registered or certified mail sent with proper postage to the registered
owner or operator’s last known address shall be considered adequate
notification regardless of whether the mail is accepted or returned
unclaimed.

Authority: T. C. A. §69—3—105. Administrative History: Original
rule filed August 9, 1985; effective September 8, 1985. Amendment filed
April 11, 2001; effective date June 25, 2001.  Amendment filed February
17, 2010; effective date May 18, 2010

1200—4—6—.10 Class I Wells.

(1)	The following are prohibited:

(a)	Subsurface emplacement of fluids containing hazardous waste into
ground water.

(b)	Subsurface emplacement of waste fluids into ground water in a
location containing extractable energy-related resources including but
not limited to oil, gas, oilshale, coal and lignite. (See attached
Figure A)

(c)	Subsurface emplacement of waste fluids into ground water in areas
characterized by regional rock deformation such as of the magnitude that
occurs in eastern Tennessee. (See attached Figure A)

(d)	Subsurface emplacement of waste fluids into or beneath aquifers
composed of uncemented sand such as occurs in western Tennessee. (See
attached Figure A)

(Rule 1200—4—6—.10 continued)

(e)	The application of pressures sufficient to initiate new fractures or
propagate existing fractures in the injection or confining zone.

(2)	Permit Application for Class I Wells

(a)	Three separate and independent permits will be needed for Class I
Wells. They are:

1.	Construction permits;

2.	Operating permits; and

3.	Abandonment and plugging permits.

(b)	The counties in the following list generally do not have the
characteristics enumerated in rule 1200—4—6—.10(1) above. However,
if such characteristics do exist in a particular location the
prohibitions in section (1) above would apply.

Bedford	Houston	Perry

Cannon	Humphreys	Robertson

Cheatham	Lawrence	Rutherford

Coffee	Lewis	Smith

Davidson	Lincoln	Stewart

DeKalb	Macon	Sumner

Dickson	Maury	Trousdale

Franklin	Marshall	Warren

Giles	Moore	Williamson

Hickman	Montgomery	Wilson



(3)	Construction Permit Requirements

(a)	Feasibility Study—An application for a permit to construct a new
Class I injection well or for a permit modification to inject a fluid
which has not been authorized by the existing permit shall be considered
only after a thorough evaluation of all reasonable disposal methods.
This requirement shall be satisfied as follows:

1.	 Submission to the Department of a technical report providing:

(i)	a characterization of the fluid to be injected;

(ii)	the source of the fluid to be injected;

(iii)	an evaluation of all reasonable methods of disposal which may be
used for each fluid to be injected;

(iv)	a demonstration of the effect of the fluid on the host rock and the
ground water; and

(v)	documentation that underground injection is a feasible means of the
permitting process or disapprove the proposed injection well.

2.	After a review, the Department, will either approve continuation of
the permitting process or disapprove the proposed injection well.

(b)	Description of Area—If the Department approves the feasibility
study, a hydrogeologic description of the area surrounding the site of
the proposed injection facility must be 

(Rule 1200—4—6—.10 continued)

submitted. The study area shall extend for at least a two and one-half
miles (2 ½) radius of the site. The description shall include but not
be limited to the following:

1.	A set of inventories and maps that shall provide the following
information to the extent that such information is known to the
applicant or is available in public records.

(i)	A tabulation of data on all wells of public record (to include water
wells) located within the study area, to include:

(I)	method of construction,

(II)	date drilled,

(III)	location,

(IV)	depth,

(V)	record of plugging or completion, and

(VI)	the present use of the well.

(ii)	A tabulation of surface waters located within the study area to
include:

(I)	type

(II)	location, and

(III)	use.

(iii)	A map(s) showing the location of:

(I)	wells,

(II)	surface waters, and

(III)	other pertinent surface features such as roads, mines, quarries,
residences and planned developments, within the study area.

2.	Hydrogeological data including maps and cross sections showing local
and regional geological structure, the horizontal and vertical extent of
formation(s) containing a USDW, the proposed injection zone, and the
direction of flow of water in each formation(s) containing a USDW and
proposed injection zone.

3.	After a review, the Department will either approve continuation of
the permitting process or disapprove the proposed injection well.

(c)	Construction Plans—Application for a permit to construct a Class I
Well shall contain a proposed step-by-step drilling plan. The drilling
plan must specify the proposed drilling, sampling, coring, and testing
program and adhere to the design criteria and construction standards
provided in this rule. If the Department determines that the
construction permit application meets the requirements of subsections
(d), (e), and (f) of this rule, the construction permit shall be issued.

(Rule 1200—4—6—.10 continued)

(d)	Design Criteria

1.	All Class I wells shall be designed and constructed in such a fashion
they inject into a formation which is beneath the lowermost formation
containing a USDWs.

2.	All Class I wells shall be cased and cemented to prevent the movement
of fluids into or between formation(s) containing a USDW and to maintain
the quality of aquifers above the injection zone that may be used for
monitoring or other purposes.

3.	A deviation survey will be run at sufficiently frequent intervals to
ensure that the casing can be set and centered for cementing.

4.	The Department may require directional surveys, if, after an analysis
of the well design and drilling program, it is deemed necessary.

5.	The construction should be supervised by a person knowledgeable and
experienced in drilling and completion of injection wells.

6.	All Class I injection wells shall inject fluids through tubing with a
packer set immediately above the injection zone, or tubing with an
approved fluid seal as an alternative. The tubing, packer, and fluid
seal shall be designed for the expected service.

(e)	Casings

1.	The casings used in the construction of each newly drilled Class I
well shall be designed for the life expectancy of the well.

2.	The number, thickness, type of materials, and length of casing shall
be sufficient to protect the USDWs and the integrity of the well and the
confining strata.

3.	Exact setting depths for all casings shall be determined in the
field, based on all available information, in order to best protect
USDWs.

(f)	Cementing—The applicant shall submit the proposed cementing
program with the drilling plan. The proposed program should insure that
an adequate bond can be achieved between the casing and the borehole.

1.	The cementitious material used in the construction of each newly
drilled well shall be designed for the life expectancy of the well. In
determining and specifying casing and cementing requirements, the
following factors shall be considered:

(i)	depth to the injection zone;

(ii)	depth to the bottom of all formation(s) containing USDWs;

(iii)	injection pressure, external pressure, internal pressure, and
axial loading;

(iv)	hole size;

(v)	size and grade of all casing strings (wall thickness, diameter,
nominal weight, length, joint specification and construction material);

(vi)	corrosiveness of injected fluid, formation fluids, and
temperatures;

(vii)	lithology of injection and confining zones;

(Rule 1200—4—6—.10 continued)

(viii)	type, grade, and amount of cementitious material.

2.	Cementitious material must be compatible with the injected fluid,
native fluids, and the formations penetrated by the bore hole.

3.	Use of additives to the cementitious materials used for mixing shall
be determined by the applicant, provided the integrity, containment,
corrosion protection, and structural strength of the cementitious
material are not significantly affected. Accurate records shall be kept
and recorded of all additives used.

4.	Prior to cementing, the hole shall be conditioned in such a way as to
optimize bonding of the cement to the casing and formation, and to
prevent channeling.

5.	Placement of cementitious material shall be in such a manner that the
purposes and characteristics of the cement are retained, and shall be
subject to Department approval.

6.	The applicant shall submit a cement testing program with the permit
application for Department approval. The purpose of the cement testing
program is to insure that the cement seal is adequate to prevent
migration of fluids in channels, microannular spaces, or voids in the
cement. The following methods of testing, as a minimum, shall be
considered:

(i)	pressure testing of casing - to not less than 1.5 times the expected
injection pressure;

(ii)	temperature log - must be run within forty-eight (48) hours after
cementing; and

(iii)	cement bond log.

(g)	Testing during drilling and construction of new Class I
wells.—Appropriate logs and other tests shall be conducted during the
drilling and construction of new Class I wells. A descriptive report
interpreting the results of such logs and tests shall be prepared by a
qualified log analyst and submitted to the Department. At a minimum,
such logs and tests shall include:

1.	Directional surveys on all holes that are constructed by first
drilling a pilot hole, and then enlarging the pilot hole by reaming or
another method. Construction of pilot holes is not encouraged.

2.	Such other logs and tests as may be needed after taking into account
the availability of similar data in the area of the drilling site, the
construction plan, and the need for additional information. In
determining which logs and tests shall be required, the following logs
shall be considered for use in the following situations:

(i)	For surface casing intended to protect USDWs:

(I)	resistivity, spontaneous potential, and caliper logs before the
casing is installed; and

(II)	a cement bond, temperature, or density log after the casing is set
and cemented.

 (ii)	For intermediate and long strings of casing intended to facilitate
injection:

(Rule 1200—4—6—.10 continued)

(I)	resistivity, spontaneous potential, porosity, and gamma ray and
caliper logs before the casing is installed;

(II)	fracture finder logs; and

(III)	a cement bond, temperature, or density log after the casing is set
and cemented.

3.	The following information concerning the proposed injection zone
shall be determined or calculated for new Class I wells:

(i)	hydrostatic pressure head;

(ii)	temperature of the native fluid;

(iii)	geostatic pressure;

(iv)	other physical and chemical characteristics of the proposed
injection zone;

(v)	physical and chemical characteristics of the native fluids;

(vi)	generalized direction of fluid flow in the proposed injection zone;
and

(vii)	other information as deemed necessary by the Department

(h)	Testing Integrity of Completed Class I Well(s)

1.	The completed well(s) will be tested to assure that the well(s) will
function as built. Tests to be considered shall include, but not be
limited to, the followings:

(i)	cement bond log;

(ii)	temperature log;

(iii)	pressure test of final casing to at least 1.5 times the expected
injection pressure for one hour, with no pressure drop after temperature
correction;

(iv)	casing inspection log from top to bottom of the well for baseline
monitoring purposes;

(v)	injection tests; and

(vi)	withdrawal tests - if necessary.

(i)	Construction Reports

1.	The Department shall be notified when drilling is to commence.

2.	The Department will require periodic data reports and progress
reports that may include, but not be limited to, the following:

(i)	driller’s log;

(ii)	geophysical logs;

(iii)	core analyses;

(Rule 1200—4—6—.10 continued)

(iv)	lithologic log;

(v)	drill stem test data;

(vi)	 injection or withdrawal test data;

(vii)	pressure test data; and

(viii)	construction progress reports.

3.	Interpretation of data will be required in the data reports or
progress reports at each milestone phase of construction such as
completion of the pilot hole, completion of test well, and completion of
well performance tests.

4.	The applicant shall submit final reports of pertinent data collected
with interpretations to the Department with the application for an
Injection Well Operation Permit.

(4)	Operating Permits

(a)	Application for permit to operate any Class I well shall be complete
and contain any information necessary to provide:

1.	A feasibility study including all of the items required in rule
1200—4—6—.1 0(3)(a). An up-to-date feasibility study must also be
submitted with any request for renewal of an operating permit. If the
feasibility study is not included, the application for renewal of an
operating permit will not be complete.

2.	A description of the area of review which applies to each Class I
injection well in a manner acceptable to the Department. The description
shall take into account the zone of endangering influence. A radius
around the injection well field of not less than one mile shall be used
as a minimum area of review. A determination of the area of review shall
include, but not be limited to, the following information:

(i)	the geologic and hydrologic characteristics of the host rock, and
the confining unit separating the injection zone from the lowermost
formation(s) containing a USDW;

(ii)	the characteristics of the injection fluids and native fluids;

(iii)	number of people residing in the area of review; and

(iv)	ground water use and dependence; past, present, and future to the
extent such information is known to the applicant or is on public
record.

3.	The compatibility of the non-hazardous injected fluid with both
native fluid and the host rock of the intended injection zone must be
demonstrated using laboratory or field data.  

4.	Contingency plans to prevent pollution of any USDWs or surface water
which may be caused by failure of the well or associated equipment.

5.	A plan for plugging and abandonment of the proposed injection well.
Plugging shall be accomplished so that the injection zones are
completely isolated and the movement of fluids into any formation(s)
containing a USDW or between

(Rule 1200—4—6—.10 continued)

formation(s) containing a USDW is prevented. Plugging shall also be
accomplished so that surface water cannot enter the well.

6.	A report on the status of any corrective action required under these
rules.

(b)	Operating Requirements for Class I Wells

1.	Injection pressure shall not exceed a maximum of 0.60 psi/foot of
depth from the land surface to the shallowest injection zone unless the
applicant can demonstrate, to the satisfaction of the Department that a
higher pressure can be used and will not initiate new fractures or
propagate existing fractures in the injection zone.

2.	Total pressure shall not exceed the maximum allowable stress of the
materials used to construct the well.

3.	Injection of wastewater between the outermost casing protecting USDWs
and the inner tubing is prohibited.

4.	All waste fluids to be emplaced shall be injected through tubing.

5.	The annulus between the tubing and the long string of casing shall be
filled with a fluid approved by the Department. A pressure, also
approved by the Department shall be maintained on the annulus sufficient
to allow for continuous monitoring of the mechanical integrity of the
well.

6.	The Department shall be notified when operation is to commence.

7.	Other operational limitations shall be established as necessary on a
case-by-case basis.

(c)	Operation and maintenance Manual

1.	Operation and maintenance procedure manual(s) shall be prepared for
injection well disposal facilities, or parts thereof. 

	The manual shall, at a minimum, contain appropriate information
discussed in the remainder of this section. The Department may require
that the manual be submitted as part of the application for an operating
permit.

2.	The required procedure shall provide for the reliable and efficient
operation and maintenance of the injection well disposal facility, in
accordance with the requirements of this rule.

3.	The detail of the required manual shall be consistent with the
complexity of the system. The manual shall be developed in accordance
with the unique requirements of the individual injection well disposal
facility and shall provide the operator with sufficient information and
description regarding the design, operation, and maintenance criteria
and features of the disposal facility involved.

4.	Basic hydraulic and engineering design criteria for the injection
well disposal facility shall be included in the manual, as well as
information and procedures required for normal control and distribution
of effluent within the injection well disposal facility.

5.	Information concerning process control and performance evaluation for
the facility shall be included, as well as equipment and procedural
descriptions for 

(Rule 1200—4—6—.10 continued)

emergency operating conditions, alternate discharge as a back-up
procedure, and listing of spare parts to have on hand. Regular
maintenance of all equipment, repair, safety, and monitoring procedures,
laboratory, lab testing equipment, and personnel requirements, and a
“trouble shooting” problem guide shall also be included in the
manual.

6.	A copy of the manual shall be provided to the operator of the
injection facility by the permittee. The manual shall be available for
reference at the facility or other approved site. The permittee shall
maintain at least one copy of the manual.

7.	The Department may require revisions to the manual to reflect any
facility modifications per-formed in order to comply with the
requirements of this chapter, or to reflect experience resulting from
facility operation.

(d)	Abnormal Events

1.	In the event the permittee is temporarily unable to comply with any
of the conditions of a permit that may result in imminent harm to the
public health or to the environment due to breakdown of equipment, power
outages, destruction by hazard of fire, wind, or by other cause, the
permittee of the facility shall immediately cease injection and shall
notify the Department. Notification shall be made in person, by
telephone, or by telegraph to the nearest office of the Department
within 24 hours of breakdown or malfunction.

2.	A written report shall be required by the Department within 72 hours
of the notification referenced in (d)(l), above. The report shall
describe the nature and cause of the breakdown or malfunction, the steps
being taken or planned to be taken to correct the problem and prevent
its reoccurrence, emergency procedures in use pending correction of the
problem, and the time when the facility will again be operating in
accordance with permit conditions.

3.	Under emergency conditions in which the permittee is unable to use
the permitted well, the permittee may use an alternate discharge only
with prior approval of the Department. The applicant shall address the
alternate disposal method in the permit application and the operating
manual.

4.	In the event, a well must be developed, the applicant shall address
disposal of backwashed fluids. The disposal method shall be approved by
the Department.

(e)	Operational Monitoring Requirements

1.	In determining the type, number, depth, and location of monitoring
wells to be used and the parameters to be measured, the following
criteria shall, as a minimum, be considered:

(i)	the local geology and hydrology,

(ii)	the extent of the area of review;

(iii)	the proximity of the injection operation to points of withdrawal
of drinking water;

(iv)	the operating pressures and attendant hydraulic gradients;

(v)	the physical and chemical character of the injected fluid; and

(Rule 1200—4—6—.10 continued)

(vi)	the number, type, location, and depth of water wells in the area of
review.

2.	The Department shall be allowed access at reasonable times to the
permittee’s property and records for the purpose of inspections and
the collection of samples for analyses from the wastewater streams
associated with the permitted wells.

3.	The physical and chemical quality of the native fluid in the
injection zone and in the zone(s) to be monitored shall be established
prior to injection.

4.	The injected fluid shall be analyzed with sufficient frequency to
yield representative data on its characteristics.

5.	Continuous indicating and recording devices shall be used to monitor
fluid level or closed-in surface pressure in monitor wells other than
the injection wells.

6.	The mechanical integrity of the injection well system shall be
examined and evaluated at least once every three years in accordance
with the standards contained in this rule.

(f)	Class I injection wells shall be monitored as follows:

1.	Continuous indicating and recording devices shall be installed and
used to monitor the following:

(i)	injection rate and daily volume of injected fluids;

(ii)	injection pressure; and

(iii)	pressure maintained on the annulus between the injection tubing
and the long string of casing.

2.	Determination shall be made at least twice monthly of the injectivity
index of each well used for injection. The method of determination shall
be subject to the approval by the Department.

(g)	Sampling frequency and procedure for monitoring wells other than the
injection well shall include, but not be limited to:

1.	The fluids in the zone to be monitored shall be sampled and analyzed
with sufficient frequency to yield representative data on its
characteristics. The frequency shall be at least monthly.

2.	Constituents to be monitored shall be those determined appropriate
based on the nature of the waste being injected.

3.	Samples must be collected by a method insuring that the sample is
representative of the fluid in the zone to be monitored. The method
shall be subject to approval by the Department.

(h)	Operation Reports

1.	The applicant must submit, for Department approval, his proposed
methodology for collection and reporting of operational data, to insure
that data is collected, correlated, and reported in a fashion that would
enable the agency to evaluate well performance.

(Rule 1200—4—6—.10 continued)

2.	Reporting requirements shall, at a  minimum, include:

(i)	Quarterly reporting to the Department;

(ii)	Monthly average, maximum and minimum values for injection pressure,
flow rate, volume, and annular pressure; and

(iii)	Results of mechanical integrity and any other periodic test
required by the Department shall be reported with the first regular
quarterly report after the completion of the test.

3.	The results of analyses of representative samples of the injected
fluid and water from the monitoring wells shall be submitted on a
quarterly basis to the Department. Parameters for such analyses shall be
established on an individual basis.

(i)	 Ambient Monitoring

1	Based on a site-specific assessment of the potential for fluid
movement from the well or injection zone and on the potential value of
monitoring wells to detect such movement, the Department shall require
the owner or operator to develop a monitoring program. At a minimum, the
Department shall require:

(i)	Monitoring of the pressure buildup in the injection zone annually,
including a shut down of the well for a time sufficient to conduct a
valid observation of the pressure fall-off curve; and

(ii)	Periodic monitoring of the ground water quality in the first
aquifer overlying the injection zone. 

2	When prescribing a monitoring system the Department may also require: 

(i)	Continuous monitoring for pressure changes in the first aquifer
overlying the confining zone. When such a well is installed, the owner
or operator shall, on a quarterly basis, sample the aquifer and analyze
for constituents specified by the Department; 

(ii)	The use of indirect, geophysical techniques to determine the
position of the waste front, the water quality in a formation designated
by the Department, or to provide other site specific data; 

(iii)	Periodic monitoring of the ground water quality in the lowermost
USDW; and 

(iv)	Any additional monitoring necessary to determine whether fluids are
moving into or between USDWs. 

(5)	Plugging and Abandonment Permits

(a)	Upon the occurrence of any of the conditions stated in rule
1200—4—6—.09(6)(a), the owner or operator of the well shall submit
an application for a permit for plugging and abandonment of the well.

(b)	Before any injection well is plugged, the owner or operator shall
obtain a permit for the plugging of the well.

(c)	The application shall include the items stated in rule
1200—4—6—.09(6)(b).

(Rule 1200—4—6—.10 continued)

(d)	If the Department finds that the application meets all requirements
of these rules, then the permit for plugging and abandonment of the well
shall be issues.

(e)	Upon completion of plugging and abandonment of a well or wellfield,
the permittee shall submit to the Department a Final Report, in
accordance with the standards described in rule 1200—4—6—.09(6),
which shall include, but will not be limited to, the following:

1.	Daily construction reports;

2.	Certification of completion in accordance with approved plans and
specifications by a person knowledgeable and experienced in the field;
and

3.	Evidence, such as a sealed copy or certification from the county
clerk, that a surveyor’s plot of the location of the abandoned wells
has been recorded in the county courthouse property records.

(f)	The Department shall require post-closure monitoring of Class I
wells for at least three (3) years. Results of such monitoring shall be
reported quarterly to the Department.

Authority: T.C.A. 69—3—105. Administrative History: Original rule
filed August 9, 1985; effective September 8,1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed January x,
2010; effective date April x, 2010

1200—4—6—.11 CLASS II WELLS A permit must be obtained from the
Department prior to the operation of any Class II injection well except
existing Class II enhanced recovery wells and hydrocarbon storage wells.
This requirement is in addition to and separate from any approval or
regulatory procedure required by the Tennessee Oil and Gas Board,
Department of Environment and Conservation.

(1)	Permit Applications

(a)	For Class II wells, the Department shall require an applicant to
furnish a demonstration of commercial producibility which shall be made
as follows:

1.	For a Class II well to be used for enhanced oil recovery processes in
a field or project containing aquifers from which hydrocarbons were
previously produced, commercial producibility shall be presumed by the
Department upon evidence that production has occurred in the project
area or field.

2.	For Class II wells not located in a field or project from which
hydrocarbons were previously produced, information such as logs, core
data, formation description, formation depth, formation thickness, and
formation parameters such as permeability and porosity shall be
considered by the Department to the extent such information is
available.

(b)	Permit applications for Class II wells shall be submitted by the
applicant using the appropriate permit application form promulgated by
the Department and shall contain any attachments necessary to provide:

1.	facility name and location;

2.	name and address of legal contacts (agents of process);

3.	ownership of facility, including address;

4.	a map and a tabulation of data as required by rule
1200—4—6—.10(3)(b)1.

(Rule 1200—4—6—.11 continued)

5.	a description of the proposed injection system including type and
construction of injection wells, nature of injected fluid and any
proposed pretreatment;

6.	a statement of estimated daily volume of fluid to be injected and
maximum injection pressure;

7.	appropriate logs of the well with the proposed injection zone marked,
in the case of a well already drilled, or; in the case of undrilled
wells a statement of the proposed zone to be used for disposal and the
approximate depth of said zone;

8.	a schematic diagram of the proposed Class II well showing the casing
and cementing program together with an explanation thereof; and

9.	a statement by the applicant that the proposed Class II well(s) will
be completed in such a manner to insure that the injected substances are
injected into the proposed injection zone and that provisions have been
made for adequate protection of formation(s) containing USDWs and any
other zone of commercial value.

10.	proposed formation testing program to obtain the information
required by rule 1200-4-6-.11(5)(b).

11.	proposed stimulation program

12.	proposed injection procedure

13.	proposed contingency plans, if any, to address well failures so as
to prevent migration of contaminating fluids into a USDW.

14.	plans for meeting the monitoring requirements of rule
1200-4-6-.11(6).

(c)	Reserved 

(d)	Additional requirements for Class II enhanced recovery
wells—Applications for Class II enhanced recovery wells must include a
description of the reservoir to be enhanced and a state statement
relative to the necessity for the use of wells to enhance production of
oil or natural gas.

(e)	Additional Requirements for Class II Hydrocarbon Storage Wells

		Applications for Class II hydrocarbon storage wells must include the
following:

1.	a map showing the known areal extent of the reservoir to be used for
storage and the location of all wells or test holes known to extend into
or through the proposed reservoir.

2.	a series of maps and geologic cross-sections showing the known
subsurface position and structure of the reservoir, the nature of the
horizontal and vertical boundaries of the reservoir, and the thickness
of the reservoir.

3.	a tabulation of the type, construction, depth and current condition
of each well or test hole located within the area covered by the
reservoir map required above.

4.	a description of the procedures to be used to plug or work over
existing wells or test holes to prevent migration of injected substances
into any aquifer other than the proposed storage reservoir.

(Rule 1200—4—6—.11 continued)

5.	a description of the method, procedures and devices for testing the
integrity of the proposed reservoir to contain the injected substances
within the bounds of the reservoir.

(f)	The Department may issue a permit on an area basis rather than for
each Class II well individually provided that the injection wells are:

1.	described and identified by location in permit application(s) if they
are existing wells, except that the Department may accept a single
description of wells with substantially the same characteristics;

2.	within the same well field, facility site, reservoir, project, or
similar unit in the same State;

3.	operated by a single owner or operator; and

4.	used to inject other than hazardous waste.

(g)	Area permits shall specify:

1.	the area within which underground injections are authorized; and

2.	the requirements for construction, monitoring, reporting, operation,
and abandonment, for all wells authorized by the permit.

(h)	The area permit may authorize the permittee to construct and
operate, convert, or plug and abandon wells within the permit area
provided:

1.	the permittee notifies the Department at such time as the permit
requires;

2.	the additional well satisfies the criteria in paragraph (f) of this
section and meets the requirements specified in the permit under
paragraph (g) of this section; and

3.	the cumulative effects of drilling and operation of additional
injection wells are considered by the Department during evaluation of
the area permit application and are acceptable to the Department.

 (i)	If the Department determines that any well constructed under an
area permit does not satisfy any of the requirements of this section,
the Department may modify the permit, terminate, or take enforcement
action. If the Department determines that cumulative effects of
additional wells are unacceptable, the permit may be modified or
revoked.

(2)	Construction of Class II Wells

(a)	All Class II wells shall be cased and cemented to prevent the
movement of fluids into or between USDWs and to maintain the quality of
aquifers above the injection zone that may be used for monitoring or
other purposes.

(b)	All Class II wells shall be designed and constructed in such a
fashion that they inject into a formation which is beneath the
lower-most formation(s) containing USDWs. Class II wells shall be sited
in such a fashion that they inject into a formation which is separated
from any formation(s) containing USDWs by a confining zone that is free
of known open faults or fractures within the area of review.

(c)	In the design specifications for Class II wells, the applicant shall
address the problem of corrosion, proposed protective measure(s), and if
appropriate, proposed methods of 

(Rule 1200—4—6—.11 continued)

monitoring the extent of corrosion subject to Department approval. The
applicant shall consider thickness and type of cement, number and
thickness of casings, casing 

	material, casing coatings, native fluid quality, injection fluid
quality and life expectancy of the well.

(d)	Class II wells shall inject fluids through tubing with a packer set
immediately above the injection zone, or tubing with an approved fluid
seal as an alternative. The tubing, packer, and fluid seal shall be
designed for the expected service.

1.	The use of other alternatives may be allowed with the written
approval of the Department and if the Department receives authority from
U.S. E.P.A. for an underground injection control program, the EPA
Administrator or his designee. To obtain approval, the applicant shall
submit a written request to the Department, which shall set forth the
proposed alternative and all technical data supporting its use. The
Department will approve the request if the alternative method is deemed
capable of providing a comparable level of protection to USDWs.

2.	In determining and specifying requirements for tubing, packer, or
alternatives, the following factors shall be considered:

(i)	depth of setting;

(ii)	characteristics of injection fluid (chemical content and
corrosiveness);

(iii)	injection rate and pressure;

(iv)	annular pressure;

(v)	temperature, volume, viscosity, and density of injected fluid; and

(vi)	type and size of casing.

(e)	Department approval is required prior to any remedial procedures
that alter the basic design specifications, materials, or character of
the well.

(3)	Casings

(a)	The casings used in the construction of each newly drilled Class II
well shall be designed for the life expectancy of the well.

(b)	The number, thickness, type of materials, and length of casing shall
be sufficient to protect the quality of drinking water resources and the
integrity of the well and the confining strata.

(c)	Exact setting depths for all casings shall be determined in the
field, based on all available information, and subject to the
Department’s approval.

(4)	Cementing

(a)	The cementitious material used in the construction of each newly
drilled well shall be designed for the life expectancy of the well. In
determining and specifying casing and cementing requirements, the
following factors shall be considered:

1.	depth to the injection zone;

(Rule 1200—4—6—.11 continued)

2.	depth to the bottom of all formation(s) containing USDWs;

3.	injection pressure and external loading;

4.	hole size;

5.	size and grade of all casing strings (wall thickness, diameter,
nominal weight, length, joint specification and construction material);

6.	corrosiveness of injected fluid, formation fluids, and temperatures;

7.	lithology of injection and confining zones; and

8.	type or grade of cementitious material.

(b)	In addition, the Department may consider the following factors:

1.	nature of formation fluids, and

2.	external pressures, internal pressure and axial loading.

(c)	Cementitious material must be compatible with the injected fluid,
native fluids, and the formation.

(d)	Use of the cementitious materials used for mixing shall be
determined by the applicant, provided the integrity, containment,
corrosion protection, and structural strength of the cement are not
significantly affected. Accurate records shall be kept and recorded of
all additives used.

(e)	Prior to cementing, the hole shall be conditioned in such a way as
to optimize bonding of the cement to the casing and formation, and to
prevent channeling.

(f)	Placement of cementitious material shall be in such a manner that
the purposed and characteristics of the cement are retained, and shall
be subject to Department approval.

(g)	The applicant shall submit his cement testing program with the
permit application for Department approval. The purpose of the cement
testing program is to insure that the cement seal is adequate to prevent
migration of fluids in channels, microannular space, or voids in the
cement. The following methods of testing, as a minimum, shall be
considered:

1. 	pressure testing of casing - to not less than 1.5 times the expected
injection pressure;

2.	temperature log; and

3.	cement bond log.

(5)	Testing for Class II Wells

(a)	Appropriate logs and other tests shall be conducted during the
drilling and construction of new Class II wells. A descriptive report
interpreting the results of that portion of those logs and tests which
specifically relate to (1) a USDW and the confining zone adjacent to it,
and (2) the injection zone and adjacent formations shall be prepared by
a knowledgeable log analyst and submitted to the Department. At a
minimum, these logs and tests shall include:

(Rule 1200—4—6—.11 continued)

1.	Deviation checks on all holes constructed by first drilling a pilot
hole and then enlarging the pilot hole, by reaming or another method.
Such checks shall be at sufficiently frequent intervals to assure that
vertical avenues for fluid movement in the form of diverging holes are
not created during drilling.

2. 	Such other logs and tests as may be needed after taking into account
the availability of similar data in the area of the drilling site, the
construction plan, and the need for additional information that may
arise from time to time as the construction of the well progresses.  In
determining which logs and tests shall be required, the following shall
be considered by the Department in setting logging and testing
requirements:

(i) 	For surface casing intended to protect USDWs in areas where the
lithology has not been determined:

(I) 	electric and caliper logs before casing is installed; and

(II)	a cement bond, temperature, or density log after the casing is set
and cemented.

(ii) 	For intermediate and long strings of casing intended to facilitate
injection:

(I)	electric, porosity and gamma ray logs before the casing is
installed;

(II)	fracture finder logs; and

(III) 	a cement bond, temperature, or density log after the casing is
set and cemented.

(b)	At a minimum, the following information concerning the injection
formation shall be determined or calculated for new Class II wells or
projects:

1. 	fluid pressure;

2. 	estimated fracture pressure; and

3. 	physical and chemical characteristics of the injection zone.

(c)	Prior to commencement of injection, wells shall be tested to assure
the initial integrity of the casing, tubing and packer, if used,
including pressure testing of the casing-tubing annulus.

(d)	At least once every five years thereafter, injection wells shall be
tested to assure their continued mechanical integrity. The results of
these tests shall be reported to the Department. Tests demonstrating
continued mechanical integrity shall include the following:

1.	measurement of annular pressures in wells injecting at positive
pressures under a packer or a balanced-fluid seal;

2.	pressure testing of the casing-tubing annulus for wells injecting
under vacuum conditions; and

3.	such other tests which are demonstrably effective and which may be
approved for use by the Department.

(Rule 1200—4—6—.11 continued)

(e)	Notwithstanding the test procedures outlined above, the Department
may require more comprehensive testing of the injection wells when
deemed advisable, including the use of tracer surveys, noise logs,
temperature logs, or other test procedures or devices.

(f)	The Department may order special tests to be conducted prior to the
expiration of five years if conditions are believed to so warrant. Any
such special test which demonstrates 

continued mechanical integrity of a well shall be considered the
equivalent of an initial test for test scheduling purposes, and the
regular five -year testing schedule shall be applicable thereafter.

(g)	The injection well operator shall advise the Department of the date
and the time of that initial, a five-year, or special tests are to
commence in order that such tests may be witnessed.

(h)	Injection pressure at the wellhead shall not exceed a maximum which
shall be calculated so as to assure that the pressure during injection
does not initiate new fractures or propagate existing fractures in the
confining zone adjacent to USDWs. In no case shall injection pressure
cause the movement of injection or formation fluids into USDWs.

(i) 	Injection between the outermost casing protecting USDWs and the
well bore is prohibited.

(6) 	Monitoring Requirements

(a) 	Class II wells shall be so equipped that the flow rate, injection
pressure and annular pressure can  be determined at any time for each
well.

(b) 	The permittee shall monitor the nature of injected fluids at time
intervals sufficiently frequently to yield data representative of their
characteristics;

(c)	The permittee shall make observation of injection pressure, flow
rate, and cumulative volume at least daily.

(d) 	The results of all monitoring shall be maintained by the operator
and made available to the Department upon request.

(e) 	The Department may grant administrative exception to the
requirement set forth in paragraph (c), of this subsection.

(f)	Hydrocarbon storage and enhanced recovery may be monitored on a
field or project basis rather than on an individual well basis by
manifold monitoring.  Manifold monitoring may be used in cases of
facilities consisting of more than one injection well, operating with a
common manifold.  Separate monitoring systems for each well are not
required provided the owner/operator demonstrates that manifold
monitoring is comparable to individual well monitoring.

(g)	Monitoring requirements shall, at a minimum, include: 

1	 Monitoring of the nature of injected fluids at time intervals
sufficiently frequent to yield data representative of their
characteristics; 

2.	Observation of injection pressure, flow rate, and cumulative volume
at least with the following frequencies: 

(i)	Weekly for produced fluid disposal operations; 

(Rule 1200—4—6—.11 continued)

(ii)	Monthly for enhanced recovery operations; 

(iii)	Daily during the injection of liquid hydrocarbons and injection
for withdrawal of stored hydrocarbons; 

(iv)	Daily during the injection phase of cyclic steam operations; and

(v)	Recording of one observation of injection pressure, flow rate and
cumulative volume at reasonable intervals no greater than 30 days. 

3.	 Maintenance of the results of all monitoring until the next permit
review.

(7) 	Commencement, Discontinuance, and Abandonment of Injection
Operations

	The following provisions shall apply to all Class II wells.

(a) 	Notice of Commencement and Discontinuance

1. 	Immediately upon the commencement of injection operations in any
well, the operator shall notify the Division of the date such operations
began.

2. 	Within 30 days after permanent cessation of hydrocarbon storage
operations or within 30 days after discontinuance of injection
operations into any other well, the operator shall notify the Department
of the date of such discontinuance and the reasons therefore. No
injection well may be temporarily abandoned for a period exceeding six
months unless the owner/operator demonstrates to the satisfaction of the
Department that there is a continuing need for such a well, that the
well exhibits mechanical integrity, and that continued temporary
abandonment will not endanger USDWs. Written permission is required.

(b) 	Abandonment of Injection Operations

1. 	Whenever there is a continuous two (2) year period of non-injection
into any Class II well, such project or well must be plugged and
abandoned, and the authority for injection shall automatically
terminate, unless the owner/operator demonstrates to the satisfaction of
the Department that there is a continuing need for such a well, that the
well exhibits mechanical integrity, and that continued temporary
abandonment will not endanger USDWs. Written permission is required.

2.	Before any injection well is plugged, the operator shall obtain
approval for the well’s plugging program from the Department.

3. 	For good cause shown, the Department may grant an administrative
extension or extensions of injection authority as an exception to
paragraph (1) above.

(c)	Prior to granting approval for the plugging and abandonment of a
Class II well the Department shall consider the following information:

1.	The type and number of plugs to be used;

2.	The placement of each plug including elevation top and bottom;

3.	The type, grade, and quantity of cement to be used; and

4.	The method of placement of the plugs.

(Rule 1200—4—6—.11 continued)

5.	The procedure used to meet the requirements of rule 1200-4-6-.04.

(8)	Reporting Requirements

(a) 	Annual reporting to the Department summarizing the results of
monitoring required under paragraph (6) of this section is required. 
Such summary shall include monthly records of injected fluid, and any
major changes in characteristics or sources of injected fluid.

(b) 	Owners or operators of hydrocarbon storage and enhanced recovery
projects may report on a field or project basis rather than an
individual field basis where manifold monitoring is used.

(c) 	The Department may require a demonstration of mechanical integrity
prior to approving transfer of authority to inject.  Prior to approval
to inject, the permittee must supply to the Department the following:

1.	the anticipated maximum pressure and flow rate at which the well will
operate;

2.	the results of the formation testing program; 

3.	the actual injection procedure; and

4.	for new wells, the status of corrective action on defective wells in
the area of review.

(9) 	Removal of Produced Water from Leases and Field Facilities

(a)	Produced water shall not be stored or disposed of in any unlined
pit, pond, lake or depression or in any other place in a manner that
will constitute a hazard to any USDWs.

(b) 	Transportation of any produced water by motor vehicle from any
lease, central tank battery, or other facility, without approval of the
Department is prohibited.

(c)	Authorization to transport produced water may be obtained by
submitting a request to the Department.

(d)	No owner or operator shall permit produced water to be removed from
its leases or field facilities by motor vehicle except by a person
possessing Department approval.

(10)	Disposition of Transported Produced Water

(a)	No person transporting produced water may dispose of such water on
the surface of the ground, or in any pit, pond, lake, depression, draw,
or in any watercourse, or in any other place or in any manner which will
constitute a hazard to any USDW.

(b)	Delivery of produced water to approved wastewater disposal
facilities, enhanced recovery injection facilities, or to a drill site
for use in drilling fluid will not be construed as constituting a hazard
to USDWs provided the produced waters are placed in tanks or other
impermeable storage at such facilities.

(c)	The Department may grant temporary exceptions for emergency
situations, for use of produced water in road construction or
maintenance or for use of produced waters for other construction
purposes upon request and a proper showing by a holder of a Department
approval to move produced water.

(11)	Existing Class II enhanced recovery wells and hydrocarbon storage
wells.

(Rule 1200—4—6—.11 continued)

	Class II wells in current operation upon the effective date of this
rule shall file an application within 6 months of the effective date of
this rule.  No application fee will be required. Failure to file an
application by the required date shall make the wells in violation of
Rule Chapter 1200-4-6 and subject to the new application fee or closure.

(a)	An existing Class II enhanced recovery or hydrocarbon storage
injection well is authorized by rule, if the owner or operator injects
into the existing well within one year after the date which the State of
Tennessee’s UIC program is authorized under the Federal Safe Drinking
Water Act and becomes effective.  An owner or operator of a well which
is authorized by rule pursuant to this paragraph shall re-work, operate,
maintain, plug, abandon or inject into the well in compliance with
applicable regulations.

(b)	Duration of well authorization by rule.  Well authorization under
this paragraph expires upon the effective date of a permit issued after
plugging and abandonment in accordance with an approved plugging and
abandonment plan pursuant to these Rules and upon submission of a
plugging and abandonment report.

(c)	Prohibitions on injection.  An owner or operator of a well
authorized by rule pursuant to this paragraph is prohibited from
injecting into the well:

1.	Upon the effective date of an applicable permit denial;

2.	Upon failure to submit a permit application in a timely manner;

3.	Upon failure to submit inventory information in a timely manner;

4.	Upon failure to comply with a request for information in a timely
manner;

5.	Upon failure to provide alternative financial assurance;

6.	Forty-eight hours after receipt of the determination by the
Commissioner that the well lacks mechanical integrity, unless the
Commissioner requires immediate cessation; or

7.	Upon receipt of notification from the Commissioner that the
transferee has not demonstrated financial responsibility.

(d)	Requirements.  The owner or operator of a well authorized under this
paragraph shall comply with the applicable requirements of this Rule. 
Such owner or operator shall comply with the casing and cementing
requirements no later than 1 year and other requirements no later than 1
year after authorization.

Authority: T.C.A. 169—3—105. Administrative History: Original rule
filed August 9, 1985; effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed February 17,
2010; effective date May 18, 2010

1200—4—6—.12 Class III Wells.

(1)	Permit Application

(a)	For Class III wells, the Department shall require an applicant to
furnish a feasibility study demonstrating the applicability of the
injection well method of mining.

(b)	A permit must be obtained from the Department prior to the operation
of any Class III well. Prior to granting approval for operation of a
Class III well or project, the Department 

(Rule 1200—4—6—.12 continued)

shall consider all relevant information developed during the
construction phase as well as any information submitted in the permit
application and supporting documents.

(c)	Permit applications for Class III wells shall be submitted by the
applicant using the appropriate permit application form promulgated by
the Department and shall contain any attachments necessary to provide:

1.	facility name and location;

2.	name and address of legal contacts (agents of process);

3.	ownership of facility, including address;

4.	a map and a tabulation of data as required by rule
1200—4—6—.10(3)(b)1.

5.	a description of the proposed injection system including type and
construction of injection wells, nature of injected fluid and any
proposed pretreatment;

6.	a statement of estimated daily volume of fluid to be injected and
maximum injection pressure;

7.	an electric log of the well with the proposed injection zone marked,
in the case of a well already drilled, or; in the case of undrilled
wells a statement of the proposed zone to be mined and the approximate
depth, top and bottom, of said zone;

8.	a schematic diagram of the proposed Class III well showing the casing
and cementing program together with an explanation thereof; and

9.	a statement by the applicant that the proposed Class III well(s) will
be completed in such a manner to insure that the injected substances are
injected into the proposed injection zone and that provision has been
made for adequate protection of USDWs and any other zones of commercial
value.

(d)	The Department may issue a permit on an area basis rather than for
each Class III well individually provided that the injection wells are:

1.	described and identified by location in permit application(s) if they
are existing wells, except that the Department may accept a single
description of wells with substantially the same characteristics;

2.	within the same well field, facility site, reservoir, project, or
similar unit in the same State;

3.	operated by a single owner or operator; and

4.	used to inject other than hazardous waste.

(e)	Area permits shall specify:

1.	the area within which underground injections are authorized; and

2.	the requirements for construction, monitoring, reporting, operation,
and abandonment, for all wells authorized by the permit.

(f)	The area permit may authorize the permittee to construct and
operate, convert, or plug and abandon wells within the permit area
provided:

(Rule 1200—4—6—.12 continued)

1.	the permittee notifies the Department at such time as the permit
requires;

2.	the additional well satisfies the criteria in paragraph (d) of this
section and meets the requirements specified in the permit under
paragraph (e) of this section; and

3.	the cumulative effects of drilling and operation of additional
injection wells are considered by the Department during evaluation of
the area permit application and are acceptable to the Department.

(g)	If the Department determines that any well constructed under an area
permit does not satisfy any of the requirements of this section, the
Department may modify the permit, terminate, or take enforcement action.
If the Department determines that cumulative effects of additional wells
are unacceptable, the permit may be modified or revoked.

(2)	Well Construction Standards for Class III Wells

(a)	General Design Considerations

1.	All Class III wells shall be cased and cemented to prevent the
movement of fluids into or between USDWs and to maintain the quality of
aquifers above the injection zone that may be used for monitoring or
other purposes.

2.	In the design specification for Class III wells, the applicant shall
address the problem of corrosion, proposed protective measure(s), and if
appropriate, proposed methods of monitoring the extent of corrosion
subject to Department approval. The applicant shall consider thickness
and type of cement, number and thickness of casings, casing material,
casing coatings, native fluid quality, injection fluid quality and life
expectancy of the well.

3.	Class III wells shall inject fluids through tubing with a packer set
immediately above the injection zone, or tubing with an approved fluid
seal as an alternative. The tubing, packer, and fluid seal shall be
designed for the expected service.

(i)	The use of other alternatives may be allowed with the written
approval of the Department. To obtain approval, the applicant shall
submit a written request to the Department, which shall set forth the
proposed alternative and all technical data supporting its use. The
Department will approve the request if the alternative method is deemed
capable of providing a comparable level of protection to USDWs.

(ii)	In determining and specifying requirements for tubing, packer, or
alternatives the following factors shall be considered:

(I)	depth of setting;

(II)	characteristics of injection fluid (chemical content and
corrosiveness);

(III)	injection rate and pressure;

(IV)	annular pressure;

(V)	temperature, volume, viscosity and density of injected fluid; and

(VI)	type and size of casing.

(Rule 1200—4—6—.12 continued)

4.	Department approval is required prior to any remedial procedures that
alter the basic design specifications, materials, or character of the
well.

(b)	Casings

1.	The casings used in the construction of each newly drilled Class III
well shall be designed for the life expectancy of the well.

2.	The number, thickness, type of materials, and length of casing shall
be sufficient to protect the quality of USDW and the integrity of the
well and the confining strata.

3.	Exact setting depths for all castings shall be determined in the
field, based on all available information, and subject to the
Department’s approval.

(c)	Cementing

1.	The cementitious material used in the construction of each newly
drilled well shall be designed for the life expectancy of the well. In
determining and specifying casing and cementing requirements, the
following factors shall be considered by the applicant:

(i)	depth to the injection zone;

(ii)	depth to the bottom of all formations containing USDWs;

(iii)	injection pressure, external pressure, internal pressure, and
axial loading;

(iv)	hole size;

(v)	size and grade of all casing strings (wall thickness, diameter,
nominal weight, length, joint specification and construction material);

(vi)	corrosiveness of injected fluid, formation fluids, and
temperatures;

(vii )	lithology of injection and confining zones; and

(viii)	type or grade of cementitious material.

2.	Cementitious materials must be compatible with the injected fluid,
native fluids, and the formations penetrated by the bore hole.

3.	Use of additives used for mixing shall be determined by the
applicant, provided the integrity, containment, corrosion protection,
and structural strength of the cement are not significantly affected.
Accurate records shall be kept and recorded of all additives used.

4.	Placement of cementitious material shall be in such a manner that the
purposes and characteristics of the cement are retained, and shall be
subject to Department approval.

5.	The applicant shall submit his cement testing program with the permit
application for Department approval. The purpose of the cement testing
program is to insure that the cement seal is adequate to prevent
migration of fluids in channels, micro-annular spaces, or voids in the
cement. The following methods of testing, as a minimum, shall be
considered:

(Rule 1200—4—6—.12 continued)

(i)	pressure testing of casing - to not less than 1.5 times the expected
injection pressure;

(ii)	temperature log; and

(iii)	cement bond log.

(d)	Testing

1.	Appropriate logs and other tests shall be made during the drilling
and construction of new Class III wells. Upon completion of
construction, the completed well system will be tested to assure that
the well system will function as designed at the design operation
pressures. A descriptive report interpreting the results of such logs
and tests shall be prepared by a qualified log analyst and submitted to
the Department. The logs and tests appropriate to each type of Class III
well shall be determined based on the intended function, depth,
construction and other characteristics of the well, availability of
similar data in the area of the drilling site and the need for
additional information that may arise from time to time as the
construction of the well progresses. At a minimum, such logs and tests
shall include deviation checks conducted on all holes where pilot holes
and reaming are used, at sufficiently frequent intervals to assure that
vertical avenues for fluid migration in the form of diverging holes are
not created during drilling.

2.	Where the injection zone is a water bearing formation, the following
information concerning the injection zone shall be determined or
calculated by the applicant for new Class III wells:

(i)	hydrostatic pressure head;

(ii)	fluid pressure;

(iii)	fracture pressure;

(iv)	other physical and chemical characteristics of the injection zone;

(v)	physical and chemical characteristics of the native fluids; and

(vi)	compatibility of injected fluids with formation fluids.

3.	Where the injection formation is not a water bearing formation, the
fracture pressure shall be determined or calculated.

(e)	Environmental Concerns During Construction

1.	The disposal of drilling fluids or cuttings and the disposal of
wastes during testing shall be in a sound environmental manner that
avoids violation of surface and ground water quality standards. The
proposed disposal method must be approved by the Department prior to
start of construction.

2.	For Class III wells, the applicant is advised that other permits may
be required for surface facilities associated with the mining activity.

(f)	Operating Requirements

1.	Total pressure shall not exceed the maximum allowable stress of the
materials used to construct the well and shall not initiate new
fractures or propagate 

(Rule 1200—4—6—.12 continued)

existing fractures in the confining zone or in the injection zone or
cause migration of fluids into USDWs.

2.	Injection between the outermost casing protecting USDWs and the inner
tubing is prohibited.

3.	The Department shall be allowed access at reasonable time to the
permittee’s property and records for the purpose of inspections and
the collection of samples for analyses from the process and wastewater
streams associated with the permitted wells.

4.	Other operational limitations shall be established as necessary on a
case-by-case basis.

(g)	Monitoring Requirements

1.	Monitoring Well Design

(i)	Monitor wells shall be located in such a fashion as to detect any
excursion of injected fluids or process by-products outside the mining
area or zone.

(ii)	Where injection is into a formation which contains water with less
than 10,000 mg/L Total Dissolved Solids, monitoring wells shall be
completed into the injection zone and into the deepest aquifer above the
injection zone and may also be required below the injection zone.

(iii)	Where injection is into a formation which contains water with more
than 10,000 mg/L Total Dissolved Solids, monitoring wells will be
required above and may be required in the injection zone.

(iv)	Where the injection wells penetrate USDWs in an area subject to
subsidence or catastrophic collapse, an adequate number of monitoring
wells shall be completed into USDWs to detect any movement of injected
fluids, process by-products or native fluids into the USDWs. The
monitoring wells shall be located outside the physical influence of the
subsidence or catastrophic collapse.

(v)	Class III wells may be monitored on a field or project basis rather
than an individual well basis provided the owner or operator
demonstrates to the satisfaction of the Department that the proposed
monitoring system is comparable to individual well monitoring.

(vi)	In determining the type, number, depth, and location of monitoring
wells to be used and the parameters to be measured, the following
criteria shall, as a minimum, be considered by the applicant:

(I)	the local geology and hydrology;

(II)	the population relying on USDWs within the area of review;

(III)	the proximity of the injection operation to points of withdrawal
of drinking water;

(IV)	the operating pressures and attendant hydraulic gradients;

(Rule 1200—4—6—.12 continued)

(V)	the nature and volume of the injected fluid, the formation water and
process by-products; and

(VI)	the number, type, location, and depth of injection wells in the
system, field or project.

(h)	Monitoring Well Construction Requirements

Any monitoring well which penetrates the confining zone must be designed
and constructed using the same standards that apply to the type of
injection well to be monitored.

(i)	Monitoring Criteria

1.	The physical and chemical quality of the native fluid in the zones to
be monitored shall be established prior to injection.

2.	The injected fluid shall be analyzed with sufficient frequency to
yield representative data on its physical and chemical characteristics.
Parameters for such analysis shall be established on an individual
basis.

3.	The mechanical integrity of the injection well system shall be
examined and evaluated at least once every three years. The methods and
procedures to be used shall be subject to review by the Department.

4.	Samples must be collected by a method insuring that the sample is
representative of the fluid in the zone to be monitored. The method
shall be subject to approval by the Department.

5.	Continuous indicating and recording devices shall be installed and
used to monitor the injection pressure and flow rate, and the volume of
fluids injected and withdrawn.

6.	Determination shall be made at least semi-monthly of the parameters
chosen to measure water quality in the injection zone.

7.	Determination shall be made at least semi-monthly of the fluid level
or pressure head in each well used for monitoring.

8.	The Department may require that the applicant continue to monitor in
the area affected by mining for a period of time after mining operations
cease. If the monitoring reveals violations, the permittee must
investigate and take corrective action.

9.	The Department may require a certificate that the applicant has
assured, through a performance bond or other appropriate means, the
resources necessary to cover post-closure monitoring and any corrective
action resulting from this monitoring.

10.	Wells specified in subpart 1200—4—6—.12(2)(g)1.(iv) shall be
monitored once every three months.

(j)	Reporting Requirements

The content and frequency of reports that will be required by the
Department shall be specified in the permit for each Class III well or
project. Minimum requirements are as follows:

(Rule 1200—4—6—.12 continued)

1.	Construction Reports

(i)	The Department will require periodic data progress reports during
the construction of Class III injection or monitor wells.

(ii)	Interpretation of data will be required in the progress reports at
each milestone phase of construction.

(iii)	The applicant shall submit final reports of all data collected
with interpretations to the Department. The final report shall include
all information and data collected during construction with appropriate
interpretations.

2.	Operation Reports

(i)	An updated map of the area of review showing locations of all newly
constructed or newly discovered wells not included in the technical
report accompanying the permit application or in later reports shall be
submitted annually to the Department.

(ii)	The applicant must submit, for Department approval, his proposed
methodology for collection and reporting of operational data, to insure
that data is collected, correlated, and reported in a fashion that would
enable the agency to evaluate well performance.

(iii)	Except for routine monitoring required in (g) of this rule results
of required monitoring shall be maintained on site and reported to the
Department with the first quarterly report after the completion of the
test.

(iv)	Results of mechanical integrity and any other periodic test
required by the Department shall be reported upon request or as
specified in the permit.

(v)	Monitoring may be reported on a project or field basis rather than
on an individual well basis where field or project monitoring has been
approved.

(vi)	Routine monitoring data required shall be reported quarterly to the
Department. These reports must be postmarked no later than the tenth day
of the month following the end of the quarter.

(vii)	In the event an excursion is verified in a designated monitor
well, the permittee shall submit a written remedial action report at
least every month to include for each well affected:

(I)	An explanation of required and other actions since the verifying
analysis was taken. The explanation should include the date on which
actions were initiated and completed;

(II)	A description of actions to be taken during the following report
period;

(III)	Sample analysis results for control parameters;

(IV)	Permittee’s efforts to define the extent and probable cause of
the presence of mining solutions in a designated monitor well; and

(Rule 1200—4—6—.12 continued)

(V)	The first report shall include a groundwater analysis in the manner
required by this Rule. All such reports shall be mailed to the
Department, postmarked within two days of the end of each report period.
The first report period shall begin with the day the presence of mining
solution in a designated monitor well is verified. The permittee shall
continue to make remedial action reports until clean-up is accomplished.

(k)	Plugging and Abandonment Operation

1.	Upon the occurrence of any of the conditions stated in rule
1200—4—6—.09(6)(a), the owner or operator of the well shall submit
an application for a permit for plugging and abandonment of the well.

2.	Before any injection well is plugged, the operator shall obtain
approval for the wells plugging program from the Department.

3.	The owner or operator of an abandoned injection well or facility must
retain all pertinent records of construction, operation and abandonment
for a period of not less than three years following the date of
abandonment of the well or facility.

4.	Within one-hundred twenty (120) days after acknowledgment of
completion of mining activities or, if final restoration of the mine
area aquifer is required, upon final completion of the final
restoration, the permittee shall accomplish closure of the mining
facilities in accordance with Plugging and Abandonment Standards.

(l)	Abandonment Reports

1.	Upon completion of plugging and abandonment of a well or wellfield,
the permittee shall submit to the Department a Final Report which shall
include, but will not be limited to, the following:

(i)	daily construction reports;

(ii)	certification of completion in accordance with approved plans and
specifications by the engineer of record; and

(iii)	evidence, such as a sealed copy or certification from the county
clerk, that a surveyor’s plot of the location of the abandoned wells
has been recorded in the county courthouse property records.

2.	Results of post closure monitoring, if required by the abandonment
permit, shall be reported quarterly to the Department.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985; effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.

1200—4—6—.13 Class IV Wells.

(1)	The construction or operation of a well used for the disposal of any
hazardous waste or radioactive waste into or above a USDW is prohibited.

(2)	The operator or the owner of an existing Class IV well must, within
six (6) months after the effective date of this rule submit a Plugging
and Abandonment Plan for the Department’s approval.  The owner or
operator of an existing Class IV well shall complete plugging and 

(Rule 1200—4—6—.13 continued)

abandonment in accordance with the approved Plugging and Abandonment
Plan not later than six (6) months after the Department’s approval of
the plan. 

(3)	Wells used to inject contaminated ground water that has been treated
and is being re-injected into the same formation from which it was drawn
are not prohibited by this Rule if such injection is approved by EPA or
the Department, pursuant to provisions for cleanup of releases under the
Comprehensive Environmental Response, Compensation and Liability Act of
1980 (CERCLA), 42 U.S.C. 9601-9657, or pursuant to requirements and
provisions under the Resource Conservation and Recovery Act (RCRA), 42
U.S.C. 6901 – 6987.

Authority: T. C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985; effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.  Amendment filed February 17,
2010; effective date May 18, 2010

1200—4—6—.14 Class V Wells.

This section sets forth Criteria and Standards to regulate all injection
systems not regulated as Class I through IV.

(1)	The following are prohibited:

(a)	The use of any well to dispose of water carrying human waste,
household or business waste, raw sewage or the effluent from any septic
tank or other sewer system of any kind, unless such well is a subsurface
fluid distribution system (SFDS) which is part of a Subsurface Sewage
Disposal System (SSDS) permitted under provisions  68-221-401 et seq. or
a drip disposal system permitted pursuant to 69-3-108 et seq. 

(b)	The use of any Class V injection well in such a manner as to cause
any USDW to contain any substances, whether alone or in combination with
other substances, that are toxic, carcinogenic, mutagenic, or
teratogenic, other than those of natural origin, at levels and
conditions which violate primary drinking water standards as given in
1200-5-1 or adversely affect the health of persons.

(c)	Large capacity cesspools; and

(d)	Cesspools, other than large capacity cesspools, not authorized under
T.C.A. 68-221-401 et seq.

(e)	Motor Vehicle Waste Disposal Wells (MVWDWs) are prohibited and must
be properly closed and abandoned.

(2)	Construction and operation of a Class V well is authorized by virtue
of this rule provided:

(a)	the use of any Class V injection well does not present a hazard to
any existing or future use of a USDW,

(b)	The owner or operator shall within six (6) months after the
promulgation of this rule supply a list of all wells owned or operated
along with the following information for each well to include the
following.

1.	facility name and location, including a plot plan showing location of
well(s);

2.	name and address of legal contact;

3.	ownership of facility;

(Rule 1200—4—6—.14 continued)

4.	nature and type of injection wells, including installed dimensions of
wells and construction materials;

5.	operating status of injection wells, including history of injection;

6.	volume of injected fluid;

7.	nature of injected fluid to include physical, chemical, biological or
radiological characteristics;

8.	description of injection well, including monitoring well(s); and

9.	other information as required by the Department.

(c)	The plans for the construction of any new, or modification of any
existing Class V injection well which have been approved by the
Department.

(d)	Injectate fluid from commercial or industrial processes shall not be
co-mingled with any sanitary waste or septic system effluent in any
subsurface fluid distribution system, unless it can be demonstrated to
the Department’s satisfaction that a beneficial reaction will occur
between the waste streams which will enhance the degradation of either
or both waste streams.

(e)	The injection well will not adversely  impact a wellhead protection
area designated by Rule 1200-5-1-.34 promulgated under T.C.A. 68-13-701
et seq., the Tennessee Safe Drinking Water Act. Motor vehicle waste
disposal wells are prohibited in wellhead protection areas.  All other
motor vehicle waste disposal wells must meet the effluent standards set
forth in 1200-4-6-.05(1) at the point of injection.

(f)	Prohibition of injection.  An owner or operator of a well which is
authorized by rule pursuant to this paragraph is prohibited from
injecting into the well:

1.	Upon the effective date of an applicable permit denial;

2.	Upon failure to submit a permit application in a timely manner;

3.	Upon failure to submit inventory information in a timely manner; or

4.	Upon failure to comply with a request for information in a timely
manner.

(3)	The owner of a Class V well shall be responsible for notifying the
Department of change in ownership.

(4)	No authorization by permit or rule shall be allowed where a Class V
well causes or allows a violation of the provisions of rule
1200-4-6-.14(1) or pollution of any ground or surface water.

(5)	If at any time the Department learns that an existing Class V system
may cause a violation of these regulations, the Department shall:

(a)	require the injector to apply for an individual permit;

(b)	order the injector to take such actions including, where required,
closure of the injection well as may be necessary to prevent the
violation; or

(c)	take enforcement action.

(Rule 1200—4—6—.14 continued)

(6)	Notwithstanding any other provision of this section, the Department
may take emergency action upon receipt of information that a contaminant
from a Class V injection system is likely to enter a public water system
and present an imminent and substantial endangerment to the health of
persons.

(7)	Construction Standards for Class V Wells

(a)	The variety of Class V well and their uses dictate a variety of
construction designs consistent with those uses, and precludes specific
construction standards. However, a well must be designed and constructed
for its intended use, in accordance with good engineering practices, and
the design and construction must be approved by the Department.

(b)	Class V wells shall be constructed so that their intended use does
not violate the water quality standards.

(8)	Operating Requirements for Class V Wells

(a)	All Class V injection wells shall be operated in such a manner that
they do not violate the provisions of rule 1200-4-6-.14(1).

 (b)	Use of a pretreatment system may be necessary to insure that the
water discharged meets the applicable water quality standards.

(c)	Initial and/or periodic testing may be required for Class V
injection wells.

(d)	Upon completion of the well, the owner or operator must certify to
the Department that the well has been completed in accordance with the
approved construction plan, and must submit any other additional
information required.

(e)	After the effective date of this rule, the operator, if not the
property owner, for all Class V injection wells shall have access to the
“point of injection” for the Class V wells.  This is to be
maintained by easement or deed restrictions on all injection points.

(9)	Monitoring Requirements for Class V Injection Systems

(a)	The Department may require monitoring of Class V injection wells;
the nature of which will be determined by the type of well, nature of
the injected fluid, and water quality of the receiving aquifer.

(b)	The Department shall determine the extent and frequency of
monitoring based on the type of injection well and the nature of the
injected fluid.

(10)	Reporting Requirements for Class V Wells will be determined by the
type of injection well and nature of injected fluid.

(a)	All municipalities and other governmental entities with storm water
injection wells under their control either by ownership or easement
shall submit an annual report describing the location and status of each
injection well and any other information the Department determines to be
necessary.  Such reports shall include a locational map.

(11)	Plugging and Abandonment Standard

(a)	The Department will order that a Class V injection well be plugged
and abandoned when the use of the system is determined to be a hazard to
the ground water resource.

(Rule 1200—4—6—.14 continued)

(b)	Prior to abandoning a Class V injection well, the well shall be
plugged with cement in a manner which will not allow movement of fluids
between USDWs. The proposed plugging method and type of cement shall be
approved by the Department. 

Placement of the cement plug shall be accomplished by any recognized
method which is acceptable to the Department.

(c)	The owner or operator shall notify the Department of his intention
to abandon the system when a Class V injection well is no longer used or
is usable for its intended purpose.

(d)	The owner of any Class V injection well shall apply for a Plugging
and Abandonment Permit when the well is no longer used or usable for its
intended purpose or any other purpose approved by the Department. The
application shall include justification for abandonment, the approved
plugging and abandonment plan and any proposed modification to the
original plugging plan as approved by the Department.

(e)	Closure does not mean that the owner or operator will need to cease
operations at the facility, only that the owner or operator will need to
close the well.  A number of alternatives are available for the disposal
of waste fluids.  Examples of alternatives that may be available to
motor vehicle stations include: recycling and reusing wastewater as much
as possible; collecting and recycling petroleum-based fluids, coolants,
and battery acids drained from vehicles; washing parts in a
self-contained, recirculating solvent sink, with spent solvents being
recovered and replaced by the supplier; using absorbents to clean up
minor leaks and spills, and placing the used materials in approved waste
containers and disposing of them properly; using a wet vacuum or mop to
pick up accumulated rain or snow melt, and, if allowed, connecting floor
drains to a municipal sewer system or holding tank, and, if allowed,
disposing of the holding tank contents through a publicly owned
treatment works (“POTW”).  The owner/operator should check with the
POTW to see if the POTW would accept the wastes.  Alternatives that may
be available to owners and operators of a large-capacity cesspool
include: conversion to a septic system; connection to sewer; and
installation of an on-site treatment unit.

(12)	Prohibition of fluid movement.

(a)	Injection activity prohibitions

1.	No injection activity can allow the movement of fluid containing any
contaminant into USDWs, if the presence of that contaminant may cause a
violation of any primary drinking water standard, or other health based
standards, or may otherwise adversely affect the health of persons. 
This prohibition applies to well construction, operation, maintenance,
conversion, plugging, closure or any other injection activity.

2.	If the Department learns that an injection activity may endanger
USDWs, the Department may require the closure of the well, a permit or
permit modification, or other appropriate action.

(b)	Closure requirements.  The owner/operator must close the well in a
manner that complies with the above prohibition of fluid movement. 
Also, the owner/operator must dispose 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.

(13)	Authorization by Rule Requirements 

(Rule 1200—4—6—.14 continued)

All Class V UIC well authorizations by rule shall comply with this rule
and all conditions established by the Commissioner as necessary to
fulfill the purposes of the Tennessee Water Quality Control Act, T.C.A.
§§ 69-3-101 et seq., contain a description of the injection zone being
authorized, and contain any necessary corrective action as stated under
rule 1200-04-06-.09(5). The authorization conditions shall be set at
levels to prevent adverse effects to persons utilizing the ground water
resource after consideration of at least the following factors: any
guidelines set for certain pollutants by U.S.E.P.A.; the flow
characteristics of ground water risk to humans; and the risk of
migration. The following conditions, subparagraphs (a) through (n),
apply to all Class V UIC authorizations. All conditions applicable to
all authorizations shall be incorporated into the authorizations either
expressly or by reference. If incorporated by reference, a specific
citation to these regulations must be given in the authorizations.

(a)	The applicant must comply with all conditions of this authorization
and all applicable laws and regulations. Any authorization noncompliance
constitutes a violation of the Tennessee Water Quality Control Act and
is grounds for enforcement action; for authorization termination,
revocation and reissuance, or modification; or for denial of an
authorization renewal application.

(b)	If the applicant wishes to continue an activity regulated by this
authorization after the expiration date of this authorization, the
applicant must apply for and obtain a new authorization prior to
expiration of this authorization.

(c)	It shall not be a defense for an owner or operator in an enforcement
action that it would have been necessary to halt or reduce the
authorized activity in order to maintain compliance with the conditions
of this rule.

(d)	The owner or operator shall take all reasonable steps to minimize or
correct any adverse impact on the environment resulting from
non-compliance with this rule.

(e)	The owner or operator shall at all times properly operate and
maintain all facilities and systems of related appurtenances) which are
installed or used by the applicant to achieve compliance with the
conditions of this rule and authorization.   Proper operation and
maintenance includes effective performance, adequate funding, adequate
operator staffing and training, and adequate laboratory and process
controls, including appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facilities or
similar systems only when necessary to achieve compliance with the
conditions of this rule.

(f)	The authorization may be modified, revoked and reissued, or
terminated for cause. The filing of a request by the owner or operator
for a modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance, does not
stay any authorization condition.

(g)	This rule and the authorizations issued under it do not convey any
property rights of any sort, or any exclusive privilege.

(h)	The owner or operator shall furnish to the Department, within a time
specified, any information which the Department may request to determine
whether cause exists for modifying, revoking and reissuing, or
terminating the authorization, or to determine compliance with this
rule.  The applicant shall also furnish to the Department, upon request,
copies of records required to be kept by this rule or the authorization.

(i)	The owner or operator shall allow Department personnel, or an
authorized representative of the Department, upon the presentation of
credentials to:

(Rule 1200—4—6—.14 continued)

1.	Enter upon the owner or operator’s premises where a regulated
facility or activity is located or conducted, or where records must be
kept under the conditions of this rule or the authorization;

2.	Have access to and copy, at reasonable times, any records that must
be kept under the conditions of this rule or the authorization;

3.	Inspect at reasonable times any facility, equipment (including
monitoring and control equipment), practices, or operations regulated or
required under this rule or the authorization; and

4.	Sample or monitor at reasonable times, for the purposes or assuring
compliance or as otherwise authorized by the Tennessee Water Quality
Control Act or these rules, any substances or parameters at any
location.

(j)	Monitoring and records.

1.	Samples and measurements taken for the purpose of monitoring shall be
representative of the monitored activity. The owner or operator shall
monitor injection fluids, injection operations, and local ground water
supplies, in accordance with the requirements for the applicable class
of well stated in this rule.

2.	The owner or operator shall retain records of all monitoring
information, including the following:

(i)	Calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation, copies of all
reports required by this authorization, and records of all data used to
complete the application for the authorization under this rule, for a
period of at least 3 years from the date of the sample, measurement,
report, or application.  This period may be extended by request of the
Department at any time; and

(ii)	The nature and composition of all injected fluids until three years
after the completion of any plugging and abandonment procedures. The
Department may require the owner or operator to deliver the records to
the Department at the conclusion of the retention period.

3.	Records of monitoring information shall include:

(i)	The date, exact place, and time of sampling or measurements;

(ii)	The individual(s) who performed the sampling or measurements;

(iii)	The date(s) analyses were performed;

(iv)	The individual(s) who performed the analyses;

(v)	The analytical techniques or methods used; and

(vi)	The results of such analyses.

(k)	All applications, reports, or information submitted to the
Department shall be signed and certified.

(l)	Reporting requirements.

(Rule 1200—4—6—.14 continued)

1. 	Planned Changes. The owner or operator shall give notice to the
Department as soon as possible of any planned physical alterations or
additions to the permitted facility.

2.	Anticipated noncompliance. The owner or operator shall give advance
notice to the Department of any planned changes in the permitted
facility or activity which may result in noncompliance with
authorization requirements.

3.	Transfers. See paragraphs (6), (7), (8) and (9) of Rule
1200-04-06-08.

4.	Monitoring reports. Monitoring results shall be reported at the
intervals specified elsewhere in this rule or the authorization.

5.	Compliance schedules. Reports of compliance or noncompliance with, or
any progress reports on, interim and final requirements contained in any
compliance schedule of this permit shall be submitted no later than 30
days following each schedule date.

6.	Twenty-four hour reporting. The owner or operator shall report any
noncompliance which may endanger health or the environment, including:

(i)	Any monitoring or other information which indicates that any
contaminant may cause an endangerment to USDWs; or

(ii)	Any noncompliance with a permit condition or malfunction of the
injection system which may cause fluid migration into or between USDWs.

				Any such information shall be provided orally within 24 hours from
the time the owner or operator becomes aware of the circumstances. A
written submission shall also be provided within 72 hours of the time
the owner or operator becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance and its
cause, the period of noncompliance, including exact dates and times, and
if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate
and prevent reoccurrence of the noncompliance.

7.	Other noncompliance. The owner or operator shall report all instances
of noncompliance not reported under parts 1, 4, 5, and 6 of this
subparagraph, at the time monitoring reports are submitted. The reports
shall contain the information listed in part 6 of this subparagraph.

8.	Other information. Where the owner or operator becomes aware that the
owner or operator has failed to submit any relevant acts in a permit
application, or submitted incorrect information in a permit application
or in any report to the Department, the owner or operator shall promptly
submit such facts or information.

(m)	Requirements prior to commencing injection. Except for all new wells
authorized by an area permit under rules 1200-04-06-.11 and
1200-04-06-.12, a new injection well may not commence injection until
construction is complete, and

1.	The owner or operator has submitted notice of completion of
construction to the Director; and

2.	(i)	The Department has inspected or otherwise reviewed the new
injection well and finds it is in compliance with the conditions of this
rule and  the  authorization; or

(Rule 1200—4—6—.14 continued)

(ii)	The owner or operator has not received notice from the Director of
his or her intent to inspect or otherwise review the new injection well
within 13 days of the date of the notice in part 1 of this subparagraph,
in which case prior inspection or review is waived and the owner or
operator may commence injection. The Director shall include in his
notice a reasonable time period in which he shall inspect the well.

(n)	The owner or operator shall notify the Department at such times as
this rule or the authorization requires before conversion or abandonment
of the well, or in the case of area permits, before closure of the
project.

(o)	A Class V authorization may include, conditions to insure that
plugging and abandonment of the well will not allow the movement of
fluids into or between USDWs.  Where the Department's review of an
application indicates that the applicant's plan is inadequate, the
Department may require the applicant to revise the plan, prescribe
conditions meeting the requirements of this paragraph, or deny the
authorization. 

Authority: T. C.A. §69—3—105. Administrative History: Original rule
filed August 9, 1985; effective September 8, 1985. Amendment filed April
11, 2001; effective date June 25, 2001.   Amendment filed February 17,
2010; effective date May 18, 2010

1200—4—6—.15 Fees For Class I Injection Wells.

(1)	Permit Application Fees. Applications for permits to construct,
operate or abandon a Class I injection well shall be accompanied by the
following fees:

(a)	Construction Permit (New wells) ………………...	$2,500.00

(b)	Operating Permit (Initial)....................................
$2,500.00

(c)	Abandonment Permit................................	$2,500.00

(Rule 1200—4—6—.15 continued)

(d)	Operating Permit (Renewal)..............................	$2,500.00

(2)	Operational Fees. Owners or operators of Class I injection wells
shall pay the following fees to the Department.

(a)	Waste fluid injection fee…………………………….$0.50 per
1,000 gallons

(b)	Annual permit maintenance fee …………	$7,500.00 per well

(c)	Permit modification and reissuance fee …	$7,500.00 per well

(d)	Waste fluid injection fees must be paid after the effective date of
the regulations regardless of the status of the permit.

(3)	All fees are due and payable as follows:

(a)	Application fees must be received with applications.

(b)	Operational fees

(Rule 1200—4—6—.15 continued)

1.	Fees for waste injection must be paid quarterly and are due at the
time of submission of the quarterly monitoring reports as specified in
the operating permit.

2.	Annual permit maintenance fees are due on the date these rules become
effective or on the date the permittee commences injection, whichever is
later, and on each successive anniversary unless the permit expires or
is revoked.

3.	Permit modification and reissuance fees are due at the time of
submission of the request by the permittee or thirty (30) days after
notice of the need for modification has been sent to the permittee by
the Department.

(4)	If any part of any fee imposed under this paragraph is not paid
within fifteen days of the due date, a penalty of five percent (5 %) of
the amount due shall at once accrue and be added thereto. Thereafter, on
the first day of each month during which any part of any fee or any
prior accrued penalty remains unpaid, an additional penalty of five
percent (5%) of the unpaid balance shall accrue and be added thereto. In
addition, the fees not paid within fifteen (15) days after the due date
shall bear interest at the maximum lawful rate from the due date to the
date paid.

(5)	The owner or operator of a Class I well who is required to pay fees
set forth under this paragraph and who disagrees with the calculation or
applicability of the fee may petition the Water Quality Control Board
for a hearing. In order to perfect the hearing, a petition for a hearing
together with the total amount of fee due must be received by the
Department not later than fifteen (15) days after the due date. If it is
finally determined that the amount in dispute was improperly assessed,
the Department shall return the amount determined to be improperly
assessed with interest.

(6)	The Department shall review permit applications for a Class I well
to determine if the application contains all of the information required
by the Department.

(a)	If the application is deficient the Department will specify the
deficiency(ies) in writing and inform the applicant by certified mail
within ninety (90) days after the effective date of this rule or the
date of receipt of the application whichever is later.

(b)	If the application is complete the Department will notify the
applicant by certified mail and initiate the permit evaluation process
within ninety (90) days after the effective date of this rule or the
date of receipt of the application whichever is later.

(7)	After notification that an application is complete, the Department
shall complete its evaluation of an application for a Class I well as
follows:

(a)	Construction permit						180 days

(b)	Operating permit

1.	Existing well						180 days

2.	New well						90 days

(c)	Renewal permit							90 days

(d)	Abandonment permits						90 days

(8)	Upon completion of the review, the Department will either deny the
application or issue a draft permit for processing in accordance with
rule 1200—4—6—.08(7). To achieve a final permit decision, an
additional ninety (90) days will be required.

(9)	The time periods provided in paragraphs (6), (7), and (8) shall be
stayed if:

(a)	A legal action concerning the permit is pending before any board,
court or independent agency.

(Rule 1200—4—6—.15 continued)

(b)	The applicant requests that review be suspended.

(c)	The Department issues a written notice of deficiency and until the
applicant addresses said deficiency to the satisfaction of the
Department.

(d)	If the application review is not completed within 90 days in
accordance with 1200-4-6-.15(6)(a) & (b), the application fee shall be
returned.

Authority: T.CA. §§69—3—105 and 4—5—201 et seq. Administrative
History: Original rule filed August 9, 1991; effective September 23,
1991. 

1200—4—6—.16 Fees For Class II Injection Wells.

(1)	Permit Application Fees. Applications for permits to operate a Class
II injection well shall be accompanied by the following fees:

Application review
fee.....................................................................
.................... $2,500.00

Permit renewal fee (every 5 years)
.....................................................................$1,
000.00

(2)	Operational Fees.  Owners or operators of Class II injection wells
shall pay the following fees to the Department:

Annual maintenance
fee.....................................................................
.....................$500.00

Permit modification and reissuance
fee...................................................................$2
50.00

(3)	Annual permit maintenance fees are due on the date these rules
become effective or on the date the permittee commences injection,
whichever is later, and on each successive anniversary unless the permit
expires or is revoked.

(4)	Permit modification and reissuance fees are due at the time of
submission of the request by the permittee or thirty (30) days after
notice of the need for modification has been sent to the permittee by
the Department.

(5)	If any part of any fee imposed under this section is not paid within
fifteen days of the due date, a penalty of five percent (5 %) of the
amount due shall at once accrue and be added thereto. Thereafter, on the
first day of each month during which any part of any fee or any prior
accrued penalty remains unpaid, an additional penalty of five percent
(5%) of the unpaid balance shall accrue and be added thereto. In
addition, the fees not paid within fifteen (15) days after the due date
shall bear interest at the maximum lawful rate from the due date to the
date paid.

(6)	The Department shall review permit applications for a Class II well
to determine if the application contains all of the information required
by the Department.

(a)	If the application is deficient the Department will specify the
deficiency(ies) in writing and inform the applicant by certified mail
within sixty (60) days after the date of receipt of the application.

(b)	If the application is complete the Department will notify the
applicant by certified mail and initiate the permit evaluation process
within sixty (60) days after the date of receipt of the application.

(c)	The time periods provided in paragraphs  shall be stayed if:

1.	A legal action concerning the permit is pending before any board,
court or independent agency.

(Rule 1200—4—6—.16 continued)

2.	The applicant requests that review be suspended.

3.	The Department issues a written notice of deficiency and until the
applicant addresses said deficiency to the satisfaction of the
Department.

(d)	If the application review is not completed within 60 days in
accordance with 1200-4-6-.16(6)(a) & (b), the application fee shall be
returned.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
August 9, 1985; effective September 8, 1985. Amendment filed April 11,
2001; effective date June 25, 2001.   Amendment filed February 17, 2010;
effective date May 18, 2010

1200—4—6—.17 Fees For Class III Injection Wells.

(1)	Permit Application Fees. Applications for permits to operate a Class
III injection well shall be accompanied by the following fees:

	Application review
fee.....................................................................
.................... $2,500.00

Permit renewal fee (every 5 years)
.......................................................................$
1,500.00

(2)	Operational Fees.  Owners or operators of Class III injection wells
shall pay the following fees to the Department:

	Annual maintenance
fee.....................................................................
......................$1000.00

	Permit modification and reissuance
fee....................................................................$
250.00

(3)	Annual permit maintenance fees are due on the date these rules
become effective or on the date the permittee commences injection,
whichever is later, and on each successive anniversary unless the permit
expires or is revoked.

(4)	Permit modification and reissuance fees are due at the time of
submission of the request by the permittee or thirty (30) days after
notice of the need for modification has been sent to the permittee by
the Department.

(5)	If any part of any fee imposed under this section is not paid within
fifteen days of the due date, a penalty of five percent (5 %) of the
amount due shall at once accrue and be added thereto. Thereafter, on the
first day of each month during which any part of any fee or any prior
accrued penalty remains unpaid, an additional penalty of five percent
(5%) of the unpaid balance shall accrue and be added thereto. In
addition, the fees not paid within fifteen (15) days after the due date
shall bear interest at the maximum lawful rate from the due date to the
date paid.

(6)	The Department shall review permit applications for a Class III well
to determine if the application contains all of the information required
by the Department.

(a)	If the application is deficient the Department will specify the
deficiency(ies) in writing and inform the applicant by certified mail
within ninety (90) days after the date of receipt of the application.

(b)	If the application is complete the Department will notify the
applicant by certified mail and initiate the permit evaluation process
within ninety days (90) days after the date of receipt of the
application.

(c)	The time periods provided in paragraphs  shall be stayed if:

1.	A legal action concerning the permit is pending before any board,
court or independent agency.

(Rule 1200—4—6—.17 continued)

2.	The applicant requests that review be suspended.

3.	The Department issues a written notice of deficiency and until the
applicant addresses said deficiency to the satisfaction of the
Department.

(d)	If the application review is not completed within 60 days in
accordance with 1200-4-6-.17(6)(a) & (b), the application fee shall be
returned.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
August 9, 1985; effective September 8, 1985. Amendment filed April 11,
2001; effective date June 25, 2001.

1200-4-6-.18 Fees For Class V Injection Wells.

(1)	 Application Fees.  Applications for authorizations or permits for
the following Class V injection wells shall be accompanied by the
following one-time application review fees:

(a)	Innovative technology
wells...................................$1,000.00 (per project)

(b)	Storm water drainage wells.

		
Subdivisions...................................……...................
........ $500.00 (per project)

			Commercial/industrial
facilities........................................... $750.00 (per
project)

(c)	Commercial/industrial geothermal wells

			Open loop
systems............................….…........................
$750.00 (per facility)

(d)	Commercial/industrial SFDS and infiltration
cells…………………... $500.00 (per facility)

(e)	Large capacity septic
systems......................................................... $250.00
(per facility)

			Churches
………………………………………………………. $100.00
(per facility)

(f)	Remediation wells

		Oversight under this
rule..................………………………………......$1,000.0
0 (per facility)

		Oversight by the Department not under this
rule.............................	None

(g)	Change of
ownership………………………………………………………
	$75

(h)	Modification of recharge point
.…………………………………………... 	$350 (per project)

(2) Renewal Fee.  The following Class V wells shall submit the following
fees with the renewal application:

(a)	Storm water drainage wells

		Commercial/industrial facilities:		      $350.00 (per facility)

(b)	Commercial/industrial geothermal wells

			Open loop			      $350.00 (per facility)

(c)	Commercial/industrial SFDS and infiltration cells: $250.00 (per
facility)

(d)	Large capacity septic systems:			    $250.00 (per facility)

		Churches					     $50.00 (per facility)

(3)	If the application is deficient the Department will specify the
deficiency(ies) in writing and inform the applicant within  sixty (60)
days after the date of receipt of the application.

(4)	If the application is complete the Department will notify the
applicant and initiate the permit evaluation process within sixty (60)
days after the date of receipt of the application.

(Rule 1200—4—6—.18 continued)

(a)	The time periods provided in paragraphs (3) and (4) shall be stayed
if:

1.	A legal action concerning the permit is pending before any board,
court or independent agency.

2.	The applicant requests that review be suspended.

3.	The Department issues a written notice of deficiency and until the
applicant addresses said deficiency to the satisfaction of the
Department.

(b)	If the application review is not completed within 60 days in
accordance with 1200-4-6-.18(3)&(4), the application fee shall be
returned.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
August 9, 1985; effective September 8, 1985. Amendment filed April 11,
2001; effective date June 25, 2001.   Amendment filed February 17, 2010;
effective date May 18, 2010

1200-4-6-.19 Bonds Required for Permitted Wells

(1)	A surety bond or cash bond is required from the owner or operator of
an injection well for Class I, II and III wells adequate to allow proper
plugging and abandonment of the well(s) and may be required for Class V
wells at the Department’s discretion.  Such bonds are penal in nature.
 Such surety bond or cash bond  is required to be in force for a well
from the time a permit has been granted until the well has been properly
abandoned.  Bonds shall be in favor of the Department, conditioned that
the well shall meet all requirements of this rule chapter and be
properly plugged and abandoned in accordance with this rule chapter.  An
individual well bond shall be released upon the proper plugging of the
well and the filing of a plugging and abandonment report, driller’s
log, downhole surveys, and other data as required.

(2)	At any time other than after the issuance of a notice of
noncompliance or forfeiture, the surety may notify the Director of the
Division of Water Supply in writing of its desire to terminate its
liability under the bond by giving written notice to the Director.  The
Director shall thereupon require the principal in the bond to file a new
bond, or to effect a change of owners on the well within sixty (60)
days.  If the principal can no longer be contacted, then any interested
party may seek to change ownership on the well.  If a new bond is filed
by the principal, or a change in ownership is approved by the Director,
liability under the original bond shall cease and terminate as to acts
and operations occurring after the effective date of the new bond or
approval of change in ownership and the original bond shall be released
upon written request from the surety.  If a new bond is not filed within
sixty (60) days, or a change in ownership has not been approved, the
Director shall revoke the permit secured by the bond and require the
principal to plug and abandon the well in accordance with the
Underground Injection Control rules.  In the event of the failure of the
principal to plug the well, the surety may either cause the well to be
plugged, or forfeit the amount of the bond to the Department.  This
action will be initiated by the issuance of a notice of noncompliance. 
The surety will then have thirty (30) days in which to plug the well. 
If the well has not been plugged within that time limit, then a notice
of forfeiture will be issued.  The surety will then have twenty-one (21)
 days within which to petition the Tennessee Water Quality Control Board
for a hearing relative to the bond forfeiture, pursuant to the
Administrative Procedures Act, T.C.A. 4-5-101 et. seq.  If a hearing is
requested, no further action will be taken against the bond until such
hearing has taken place and a final order given by the Board.  If the
well has been plugged in the interim, then notice of forfeiture will be
cancelled and the bond released.

(3)	Any of the following shall serve as bonds:

	(a)	A surety bond executed by the well operator as principal and by a
corporate surety authorized to do business in Tennessee; or

(Rule 1200—4—6—.19 continued)

	(b)	cash; or

	(c)	a certified check; or

	(d)	a certificate of Deposit, if made out exactly as follows: “Owner
Name and Tennessee Department of Environment and Conservation or
Tennessee Department of Environment and Conservation”; and does not
contain any terms or conditions that provide that the issuing bank may
charge against the deposit any debt of the depositor(s) owing to it
(set-off terms); or any terms or conditions that provide anyone whose
signature appears on the signature card to withdraw from funds the
account.  The owner shall be entitled to any interest earned on a
certificate of deposit as the same becomes due and payable.  The
treasurer of the State of Tennessee shall receive and hold originals of
such certificates in the name of the State of Tennessee, in trust, for
the purpose for which such deposit is made, and shall at all times be
responsible for the custody and safekeeping of such deposits; provided,
however, that the certificate may be returned to the issuing financial
institution as may be necessary for renewal from time to time; or

(4)	Forfeiture

	(a)	The Director shall cause a notice of noncompliance to be served
upon the owner/operator and surety if the requirements for proper
plugging and abandonment of a well or wells have not been complied with
within the time limits set forth by this rule.  Compliance for proper
plugging and abandonment shall include the submission of all required
records and data.

	(b)	The notice shall specify in what respects the owner has failed to
comply with this rule or orders of the Water Quality Control Board.

	(c)	If the owner and/or operator has not reached an agreement with the
Director, or has not complied with the requirements set forth within
thirty (30) days after the mailing of the notice, the bond shall then be
forfeited to the Department, and the money used to properly plug the
well(s).  Such bonds are penal in nature, and the full amount of the
bond shall be forfeited.

(5)	Notice of Noncompliance

	(a)	At any time the Director causes a notice of noncompliance to be
served upon the principal, the surety shall be afforded the opportunity
to act in behalf of the principal within the time set forth in regard to
proper plugging of the well or wells and submission of required well
records, downhole data and plugging reports.  Should the principal and
surety fail to comply within the time provided, then and only in that
event, the bond shall be forfeited and used to plug the well.  When a
bond is forfeited under this rule, the Director shall give notice to the
Attorney General, who shall institute proceedings to collect the
forfeiture.

Authority: T.C.A. §69—3—105. Administrative History: Original rule
August 9, 1985; effective September 8, 1985. Amendment filed April 11,
2001; effective date June 25, 2001.

									Figure A



		Pursuant to the State of Tennessee’s policy of non-discrimination,
the Tennessee Department of Environment and Conservation does not
discriminate on the basis of race, sex, religion, color, national or
ethnic origin, age, disability, or military service in its policies, or
in the admission or access to, or treatment or employment in its
programs, services or activities.  Equal Employment
Opportunity/Affirmative Action inquiries or complaints should be
directed to the EEO/AA Coordinator, Office of General Counsel 401 Church
Street, 20th Floor L & C Tower, Nashville, TN 37243, 1-888-867-7455. 
ADA inquiries or complaints should be directed to the ADA Coordinator,
Human Resources Division, 401 Church Street, 12th Floor L & C Tower,
Nashville, TN 37243, 1-866-253-5827.  Hearing impaired callers may use
the Tennessee Relay Service (1-800-848-0298).

To reach you local

ENVIRONMENTAL FIELD OFFICE

Call 1-888-891-8332 OR 1-888-891-TDEC

UNDERGROUND INJECTION CONTROL		CHAPTER 1200-4-6

 PAGE   77 

May, 2010 (Revised)   

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܀*␃愃̤摧᠖ഀTennessee Department of Environment and
Conservation, Authorization No. xxxxxx, 1,000 copies.  This public
document 

was promulgated at a cost of $0.xx per copy.  May 2010

 

