Section 025. Authorizations, Prohibitions And Exemptions

01. Authorizations. Construction and use of Class V deep injection wells may be authorized by permi t as approved by the Director in accordance with these rules and the “Well Construction Standards Rules” found i n IDAPA 37.03.09 which are authorized under Section 42-238, Idaho Code. (7-1-25) 02. Prohibitions. (3-18-22) a. These rules prohibit the permitting, construction, or use of any Class I, III, IV, or VI injection well. (7-1-25) b. No owner or operator shall construct, operate, maintain, convert, plug, abandon, or conduct an y other injection activity in a manner that allows or causes the movement of fluid containing any contaminant int o underground sources of drinking water, if the presence of that contaminant may cause a violation of any primary o r secondary drinking water regulation, under IDAPA 58.01.11, “Ground Water Quality Rule,” Section 200 or ma y otherwise adversely affect the health of persons. The applicant for a permit has the burden of showing that th e injection of any fluid does not present an imminent and substantial endangerment to the health of persons. (7-1-25) c. Notwithstanding any other provision of this section, the Director may take emergency action upo n receipt of information that a contaminant which is present in or likely to enter a public water system or a USD W water may present an imminent and substantial endangerment to the health of persons. (7-1-25) d. Large capacity cesspools, motor vehicle waste disposal wells, radioactive waste disposal wells, and untreated sewage disposal wells are prohibited. All prohibited wells described in this section must be decommissioned in accordance with these rules. (7-1-25) e. Construction of new Subclass 5F1 - Agricultural Runoff Waste injection wells is prohibited. (7-1-25) f

the health of persons. (7-1-25) d. Large capacity cesspools, motor vehicle waste disposal wells, radioactive waste disposal wells, and untreated sewage disposal wells are prohibited. All prohibited wells described in this section must be decommissioned in accordance with these rules. (7-1-25) e. Construction of new Subclass 5F1 - Agricultural Runoff Waste injection wells is prohibited. (7-1-25) f. These rules do not prohibit the injection of contaminated ground water into the same formatio n from which it was drawn provided the contaminated ground water is treated and if such injection is approved by EPA , pursuant to provisions for cleanup of releases under the Comprehensive Environmental Response, Compensation , and Liability Act of 1980, 42 U.S.C. 9601–9657, or pursuant to requirements and provisions under the Resourc e Conservation and Recovery Act, 42 U.S.C. 6901 through 6987. (7-1-25) 03. Exemptions. (3-18-22) a. Construction and use of Class V shallow injection wells are authorized by these rules withou t permit provided that: (7-1-25) i. Required inventory information is submitted to the Director in accordance with these rules. (7-1-25) ii. Use of a shallow injection well shall not result in injection of recycled water derived fro m municipal of industrial sources. (7-1-25) iii. Use of a shallow injection well shall not result in unreasonable contamination of a USDW or caus e a violation of Ground Water Quality Standards that would affect a beneficial use. (7-1-25) b. Individual subsurface sewage disposal system wells are exempt from these Rules but subject to th e permitting and fee requirements of IDAPA 58.01.03 “Individual/Subsurface Sewage Disposal Rules,” Title 39, Chapter 1 and Title 39, Chapter 36, Idaho Code. (7-1-25) c. Mine tailings backfill (5X13) wells are authorized by rule as part of mining operations. They ar e therefore exempt from permitting requirements of these rules provided that their use is limited to the injection of min e tailings only

ermitting and fee requirements of IDAPA 58.01.03 “Individual/Subsurface Sewage Disposal Rules,” Title 39, Chapter 1 and Title 39, Chapter 36, Idaho Code. (7-1-25) c. Mine tailings backfill (5X13) wells are authorized by rule as part of mining operations. They ar e therefore exempt from permitting requirements of these rules provided that their use is limited to the injection of min e tailings only. The use of any 5X13 well(s) shall not result in ground water quality standards at points of diversion fo r beneficial use that exeed or otherwise affect a beneficial use. Should ground water quality standards be exceeded o r beneficial uses be affected, the Director may order the wells to be put under the permit requirements of these rules, o r the wells may be required to be remediated or closed. As a condition of their use, the Director may require th e construction and sampling of monitoring wells by the owner/operator. 5X13 wells are subject to the inventor y requirements described in these Rules. (7-1-25) 04. Variance of Methods. The Director may approve the use of a different testing method o r technology if it is no less protective of human health and the environment, will not allow the migration of injecte d fluids into a USDW, meets the intent of the rule, and yields information or data consistent with the original method o r technology required. A request for review by the Director must be submitted in writing by the applicant, permi t holder, or operator and be included with all pertinent information necessary for the Director to evaluate the propose d testing method or technology. (7-1-25) 026. -- 029. (RESERVED)