One of the most significant, yet perhaps least recognized threats to underground drinking water supplies is the disposal of liquid wastes directly into the ground through injection wells. According to EPA estimates, there are more than a million injection wells in operation throughout the nation, injecting everything from water to radioactive wastes. EPA regulates the use of underground injection wells through the Underground Injection Control (UIC) program of the Safe Drinking Water Act (SDWA).

The UIC program regulates virtually all forms of underground injection. EPA defines underground injection as the disposal of liquid wastes via discharge into a well. A "well," for purposes of the UIC program, is any bored, drilled or driven shaft, or dug hole that is deeper than it is wide. Applying this definition, even a hose that has been pushed into the ground to dispose of water or other fluids can be considered an injection well subject to the UIC regulations.

The primary goal of the UIC program is to ensure that well injections do not endanger underground sources of drinking water (USDWs). Wells endanger USDWs when they allow, or could potentially allow, a fluid to enter a USDW and cause a violation of a SDWA primary drinking water regulation. To prevent this kind of contamination, each well subject to the UIC program must meet certain basic requirements to ensure that the well is operating safely and is not endangering public health and safety.

EPA regulates various types of injection wells differently, depending on their "class." There are five classes of injection wells:

• Class I: wells that inject hazardous waste
• Class II: wells associated with the oil and gas industry
• Class III: wells that inject fluids for the extraction of minerals
• Class IV: wells that inject hazardous or radioactive waste into a formation within 1/4 mile of a USDW
• Class V: all other injection wells not covered by Classes I-IV

Class V wells are the broadest class of injection wells (EPA estimates that there are as many as XX Class V wells currently in operation), yet they are among the least regulated. If your local government owns or operates a Class V well, you must be sure to comply with the existing regulatory requirements for such wells under the UIC program.

Do the UIC Class V Well Regulations Apply to Your Community?

If your local government owns or operates a Class V well, you must understand and comply with all applicable federal and state regulations. Typical examples of Class V wells your local government may own or operate include: septic system wells used to inject wastes from multiple dwellings (residential septic systems serving fewer than 20 people are generally exempted from UIC regulation); stormwater drainage wells; community cesspools; and aquifer recharge wells. Even the drains in the bay areas of fleet service garages can be considered Class V injection wells if the drains discharge oil and other fluids directly into the ground.

Actions Your Community Should Be Taking

Current Class V Well Regulations

Under current EPA regulations, you are not required to have a permit to own or operate a Class V well. EPA authorizes such wells by rule, meaning that Class V wells can operate without a formal permit or other official authorization. However, you may be required to obtain a permit for your Class V well if EPA or your state administrator finds that your underground injection will, or has the potential to, endanger a USDW. Alternatively, EPA may require you to close your Class V well or may take an alternate enforcement action, in lieu of requiring you to obtain a permit, if your Class V well endangers a USDW.

Regardless, all Class V wells must comply with certain inventory reporting requirements. These requirements are intended to ensure that the UIC program administrator can keep track of the wells currently in operation. All owners and operators of Class V wells must disclose the nature and type of injection well(s) they own or operate, as well as the operating status of those wells. The UIC program administrator may require additional inventory information at his or her discretion, in order to protect USDWs.

New EPA Proposed Class V Regulations

In August of 1995, EPA proposed its long-awaited new regulations for Class V injection wells. In general, the proposed rule changes very little of the current regulatory scheme because EPA believes that the current regulations are adequate to protect USDWs from Class V well discharges. Even though EPA has not proposed to require permits for all Class V wells, the proposed rule does indicate that EPA plans to use its existing authority under the UIC program to aggressively seek the closure of Class V wells that may endanger USDWs.

To achieve this goal, EPA is proposing to work closely with the states to develop a Class V well management strategy designed to speed up the closure of wells that potentially endanger USDWs and promote the use of best management practices to ensure that other Class V wells operate safely. EPA has indicated that it will rely heavily on the cooperation of local authorities to assist in implementing this management strategy, and will enlist the help of local governments in managing Class V wells through the use of local ordinances, zoning, and other local regulations.

Additional Information

The Underground Injection Control Class V well requirements are published in Title 40 Code of Federal Regulations, Parts 144, 145, and 146. The revisions to the UIC Class V wells requirements were proposed in 60 Fed. Reg. 44651.

It is important to note that the states, rather than EPA, generally enforce the UIC program and issue UIC permits. Therefore, you must be sure to work closely with your state authority to determine the state UIC program requirements that apply to your Class V wells.

For additional information, contact the Safe Drinking Water Hotline: Telephone: 800/426-4791