Section 050. Class V Injection Well Requirements – Application Processing

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Idaho Administrative Code › IDAPA 37 (Water Resources, Department of) › Chapter 37.03.03 › Section 050

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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01. Draft Permit Preparation. After all application information is received and evaluated, th e Director will prepare a draft permit or denial, which will include the application for permit, permit conditions o r reasons for denial, and any compliance schedules or monitoring requirements. In preparing the draft permit or denial , the Director must consider the following factors: (7-1-25) a. The availability of economic and practical alternative means of disposal; (7-1-25) b. The application of best management practices to the facilities and/or area draining into the well; (7-1-25) c. The availability of economical, practical means of treating or otherwise reducing the amount o f contaminants in the injected fluids; (7-1-25) d. The quality of the receiving ground water, its category, its present and future beneficial uses o r interconnected surface water; (7-1-25) e. The location of the injection well with respect to drinking water supply wells; and (7-1-25) f. Compliance with Ground Water Quality Standards. (7-1-25) g. The benefit to the State of Idaho. (7-1-25) 02. Public Notice. The Director will provide public notice of any draft permit to construct, maintain o r modify a Class V injection well by means of a legal notice in a newspaper of general circulation in the county i n which the well is located. The Director may give additional notice as necessary to adequately inform the interested public and governmental agencies. There shall be a period of at least thirty (30) days following publication for an y interested person to submit written comments. (7-1-25) 03. Review by the Directors of Other State Agencies. The Directors of other state agencies, a s determined by the Director, shall be given an opportunity to review and comment on draft permits. Comments mus t be submitted to the Director within thirty (30) days of public notice. (7-1-25) 04. Open-Loop Heat Pump Return Wells (Subclass 5A7)

an y interested person to submit written comments. (7-1-25) 03. Review by the Directors of Other State Agencies. The Directors of other state agencies, a s determined by the Director, shall be given an opportunity to review and comment on draft permits. Comments mus t be submitted to the Director within thirty (30) days of public notice. (7-1-25) 04. Open-Loop Heat Pump Return Wells (Subclass 5A7). The Director may waive the draft permit and recurring permit cycle requirements of these rules for any application proposing use of an open-loop heat pum p return well greater than eighteen (18) feet in depth solely for disposal of heat pump water at a rate not exceeding fift y (50) gpm. (7-1-25) 05. Fact-Finding Hearings. At the Director’s discretion, or upon motion of any interested individual , the Director may elect to hold a fact-finding hearing. Said hearing will be held at a location in the geographical are a of the injection well. Notice of said hearing will be provided at least thirty (30) days in advance of the hearing b y regular mail to the applicant and to the person or persons requesting the hearing. Public notice of the fact-findin g hearing shall be made in a newspaper of general circulation in the county where the injection well is located. (7-1-25) 06. Draft Permit Final Review and Consideration. The Director will consider the following factor s when taking final action on draft permits: (7-1-25) a. The potential for unreasonable contamination or deterioration of ground water quality: (7-1-25) b. The likelihood and consequences of the injection well system failing; (7-1-25) c. The long-term effects of such disposal or storage; (7-1-25) d. The recommendations and related justifications of the Directors of other state agencies and th e public; (7-1-25) e. The potential for violation of Ground Water Quality Standards at the point of injection or the poin t of beneficial use; and (7-1-25) f. Compliance with the Idaho Ground Water Quality Plan. (7-1-25) 07. Issuance of Permit

he long-term effects of such disposal or storage; (7-1-25) d. The recommendations and related justifications of the Directors of other state agencies and th e public; (7-1-25) e. The potential for violation of Ground Water Quality Standards at the point of injection or the poin t of beneficial use; and (7-1-25) f. Compliance with the Idaho Ground Water Quality Plan. (7-1-25) 07. Issuance of Permit. After considering the draft permit for construction, modification, o r maintenance, and all matters relating thereto, the Director shall issue a permit if the standards and criteria be met an d USDW’s will not be unreasonably affected. If the Director finds that the standards and criteria cannot be met or tha t ground water sources cannot be protected from unreasonable contamination at all times, the draft permit may b e denied or a permit may be issued with conditions designed to protect ground water sources. The Director’s decisio n will be in writing and a copy mailed by regular mail to the applicant and to all persons who commented in writing o n the draft permit or appeared at a hearing held to consider the draft permit. (7-1-25) 08. Permit Conditions and Requirements. Any permit issued by the Director shall contain conditions to protect ground water sources from waste, contamination, or deterioration of Ground Water Quality Standards. I n addition to specific construction, operation, maintenance, monitoring, and reporting requirements that the Directo r finds necessary, each permit shall be subject to the standard conditions and requirements of this rule. (7-1-25) 09. Permit Decision Notice. The Director’s decision shall be in writing and a copy shall be mailed b y regular mail to the applicant and all persons who commented in writing on the draft permit or appeared at a hearing held to consider the draft permit. (7-1-25) 051. (RESERVED)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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