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§11-23-01 §11-23-02 §11-23-03 §11-23-04

§11-23-05

§11-23-06 §11-23-07 §11-23-08 §11-23-09

§11-23-10

§11-23-11 §11-23-12

§11-23-13 §11-23-14

§11-23-15 §11-23-16 §11-23-17

§11-23-18

§11-23-19

§11-23-20

§11-23-21 §11-23-22

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TITLij: 11 DEPARTMENT~'OF HEALTH

CHAPT R 23 UNDERGROUND INJ CTION CONTROL

Purpose Scope Definitions Classification of exempted aquifers and underground sources of drinking water Identification of exempted aquifers and USDW Classification of injection wells Prohibition Construction conditions Siting and pre-construction requirements Provision for artesian aquifer protection Operating conditions Application procedures for UIC permit Submission of data Public notice of proposed wells injecting into USDW Public hearings Permit issuance Existing injection well registration Monitoring and reporting requirements Plugging and abandonment requirements Revocation, suspension or revision of UIC permits Penalties Severability

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§11-23-01

§11-23-01 Purpose. The purpose of this chapter is to establish a state underground injection control (UIC) Program in order to protect the quality of the state's underground sources of drinking water (USDW) from pollution by subsurface disposal of fluids. Toward this end, conditions are specified to govern the location, construction and operation of injection wells so that injected fluids do not migrate and pollute USDW. This chapter establishes minimum standards and counties are not precluded from establishing more stringent standards. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §144 .1)

§11-23-02 Scope. This chapter covers any injection well as herein defined in this chapter. Excluded from this chapter are:

(1) Individual wastewater systems (IWS) serving single family residential households which generate a volume of domestic sewage less than that cited in chapter 11-57, entitled "Private Wastewater Treatment Works and Individual Wastewater Systems", e.g., eight hundred gallons per day (gpd) ; and

(2) Non-residential waste disposal systems which receive solely sanitary wastes where the facility generates less than one thousand gpd. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.l(e), 146.1 and 146.5)

Jll-23-03 Definitions. As used in this chapter: "Abandon" means to permanently discontinue usage;

temporary or intermittent cessation of operation does not constitute abandonment. An abandoned well need not necessarily be a sealed well.

"Artesian" means a hydrologic condition whereby groundwater is confined, under pressure greater than atmospheric, by overlying, relatively impermeable strata. Because of hydrostatic pressure, the piezometric surface of an artesian aquifer rises above the bottom of the (upper) confining bed.

"Aquifer" means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well, tunnel or spring.

"Caprock" means a geological formation or -~forma~ons composed of terrigenous or marine sediments .._

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§11-23-03

deposited over a formation or formations of volcanic or1g1n. Caprock is substantially less permeable than volcanic formations, and is considered a "confining material".

"Confining materials or zone" means a geological formation or part of a formation capable of preventing or severely retarding fluid movement between different geological formations.

"Contaminant" means any substance or matter which causes, directly or indirectly, a detrimental physical, chemical, biological or radiological change in the existing water quality~ used interchangeably with "pollutant".

"Department" means the department of health, state of Hawaii.

"Director" means the director of health or a duly authorized representative.

"Disposal well" means a well used for the disposal or emplacement of fluid or fluids, either by gravity flow or under pressure, into subsurface strata~ often used interchangeably with "injection well".

"Exempted.aquifer" means an aquifer or a portion thereof that is exempted from being used as an USDW by the director.

"Existing well" means a well which is in operation or has received official sanction from all of the necessary agencies, before the effective date of this chapter.

"Fluid" means any material or substance which flows or moves, whether a semisolid, liquid or gas.

"Formation" means a body of rock characterized by a degree of lithologic homogeneity or similarity which is prevailingly, but not necessarily, tabular and is mappable·on the earth's surface or traceable in the subsurface.

"Geologist" means a person with a bachelors or higher degree in geologic sciences from an accredited college or university and a minimum of one year experience in well logging and testing.

"Ground water" means water below the land surface in a zone of saturation.

"Grouting" means the operation whereby a cement slurry is forced behind the casing for such purposes as: sealing the casing to the walls of the hole, preventing undesirable leakage of fluids out of the hole, and preventing migration of liquids or gases into the hole~ or is pumped into a drill hole or well for plugging and abandonment.

"Hazardous waste" means a hazardous waste as defined extensively in Code of Federal Regulations

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§11-23-03

(CFR), Title 40-Protection of Environment, section 261.3 dated July 1, 1981. A hazardous waste may be categorized as such on the basis of its chemical content, toxicity, or whether it is corrosive, ignitable or reactive. The following is a partial list of some wastes which are excluded from the "hazardous waste" classification:

(1) Household waste, from single and multiple residences or lodgings;

(2) Solid wastes generated by any of the following and which are returned to the soils as fertilizers: the growing and harvesting of agricultural crops, the raising of animals, including manures;

(3) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of geothermal energy.

"HRS" means Hawaii Revised Statutes. "Individual Wastewater System (IWS)" means the

facility which disposes of treated or untreated domestic wastewater generated from a room or group of rooms forming a single habitable unit, including, but not limited to, cesspools, septic tanks and household aerobic units.

"Industrial" means associated with a productive enterprise using machinery and mechanical power or human power or both, including such enterprises as power generation and crop production.

"Inject" means to dispose or emplace fluids, either under pressure or by gravity flow, into a subsurface formation or formations.

"Injection well" means a well into which subsurface disposal of fluid or fluids occurs or is intended to occur by means of injection.

"Makai" means toward the sea or the area outside the UIC Line encircling the protected aquifer.

"Mauka" means toward the mountains or the encircled protected aquifer.

"Modify" means to make a minor or a basic change in the physical characteristics or the operational status of a well.

"Person" means any individual, partnership, firm, association, public or private corporation, trust estate, the federal, state or county governments or any of their agencies, or any other legal entity.

"Pollute" means: (A) To alter the physical, chemical, biological

or radiological properties of any state waters, such that the temperature, taste,

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§11-23-03

potability, mineral content, turbidity, color or odor of USDW are adversely affected; or

(B) To discharge any liquid, gaseous, solid, radioactive, or other substances, into any state waters as will or is likely to create a nuisance or render such waters unreasonably harmful, detrimental or injurious to public health, safety cr welfare, including harm, detriment, or injury to public or private drinking water supplies.

"Sewage" means waste from all plumbing fixtures in residences, institutions, public and private buildings, and other places of human habitation, employment or recreation, whether treated or not by public or private sewage treatment plants.

"State" means state of Hawaii. "UIC" means the underground ~njection control

program under Part C of the Safe Drinking Water Act (P.L. 93-523) and chapter 340E, HRS.

"UIC Line" or "the Line" means the line on the department of health"UIC maps which separates, in plan view, exempted aquifers and USDW.

"Underground source of drinking water (USDW)" means an aquifer or its portion:

(1) Which sqpplies any public or private drinking water system; or contains a sufficient quantity of ground water to supply a public water system; and (A) Currently supplies drinking water for

human consumption; or (B) Contains fewer than ten thousand

milligrams per liter (mg/L) total dissolved solids (TDS) ; and

(2) Which is not an exempted aquifer. "Volcanic" means material originating from a

volcano; often, basaltic lava. "Waste" means any solid, liquid or gaseous matter,

whether treated or not, which, when injected, may pollute or tend to pollute the lands or waters, including, but not limited to, sewage; effluent; offal; garbage; refuse; and industrial, agricultural or radioactive fluids.

"Waste disposal system" means an excavation in the ground receiving wastes which functions by allowing fluids to seep through its bottom, sides or both, including cesspools, septic tanks; and seepage pits.

"Well" means a bored, drilled or driven shaft, or a dug hole, whose depth is greater than its widest surface dimension.

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§11-23-03

The publications referred to or incorporated by reference in this chapter are available from the offices of the department of health. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.3 and 146.3)

§11-23-04 Classification of exempted aquifers and underground sources of drinking water. (a) Upon request, and with concurrence of the director, the department shall review the aquifer designations. The aquifer designations shall be reviewed at least every three years. In its review, the department may amend the status of an aquifer in accordance with chapter 91, HRS. The criteria for exempting aquifers from underground source of drinking water (USDW) status is as follows:

(1) The aquifer does not currently serve as a source of drinking water; and

(2) The aquifer cannot now and will not in the future serve as a source of drinking water because of any of the following criteria: (A) It is situated at a depth or location

which currently makes recovery of water for drinking water purposes economically or technologically impractical; or

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

(C) The total dissolved solids (TDS) concentration of the ground water is more than five thousand mg/L, and it is not reasonably expected to supply a public or private drinking water system.

(b) The UIC maps shall indicate exempted aquifers and USDW, in plan view, by use of a UIC Line, and such maps are an integral part of this chapter. The department's UIC maps shall be the final authority for the identification of the aquifer boundaries on the land surface. Copies of the maps and this chapter are available for examination at an office of the department's environmental protection and health services division, the district health offices and other department offices on each island.

(c) Unless expressly exempted, all aquifers are considered to be USDW.

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§11-23-06

§11-23-05 Identification of exempted aquifers and USDW. (a) The department has designated the following formations as exempted portions of aquifers: in the horizontal dimension, lands which are makai of the UIC Line; and in the vertical dimension:

(1) Where the volcanic formation is a non-artesian aquifer, the entire geologic column; or

(2) Where the volcanic formation is an artesian aquifer, from the subaerial ground surface down to fifty feet abov~ the contact between the artesian volcanic aquifer and the

(b) described UIC maps, water.

overlying confining materials. Unless an aquifer is expressly exempted, as above or depicted on the department-issued it is an underground source of drinking

(c) In areas where the UIC Line is defined by a roadway, a setback of one lot or one hundred fifty feet, whichever is less, from the mauka property line of that roadway may be considered to be within the exempted area. If the roadway is within a property, the setback shall extend to the mauka property line or to one hundred fifty feet from the mauka edge of said roadway, whichever is less. This interpretation of the UIC line shall be subject to all other conditions of this chapter. The applicant, on the permit application, shall request this interpretation, approval of which shall be based on the proximity and sensitivity of drinking water sources. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144. 7 and 146.4)

§11-23-06 Classification of injection (a) The department shall classify existing proposed injection wells in accordance with classes of wells described in this section. classes I through IV are prohibited and are

wells. and the five Wells in

defined as follows:

(1) Class I. Wells which inject fluids beneath the lowermost formation containing, within one quarter mile of the well bore, an underground source of drinking water and which are used by: (A) Generators of hazafdous waste or owners

or operators of hazardous waste management facilities; and

(B) Disposers of industrial and municipal waste fluids.

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§11-23-06

(2) Class II. Wells which 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 which inject for extraction of minerals including: (A) Mining of sulfur by the Frasch process; (B) In-situ production of uranium or other

metals, using unconventional techniques to mine ore bodies; and

(C) Solution mining of salts or potash. (4) Class IV. Wells used bi 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 any geohydrologic formation, even if exempted.

(b) Without exception, only class V wells shall be permissible and are defined as follows:

(1) Subclass A. Injection wells which inject fluids into an underground source of drinking water. Subclass A wells include: (A) Sewage injection wells; and (B) Industrial disposal wells other than

those classified under subclasses AB or B.

(2) Subclass AB. Injection wells which inject only into exempted aquifers. Subclass AB wells include: (A) Sewage injection wells; and (B) Industrial disposal wells, other than

those classified under subclass B, such as brine disposal wells used in a desalinization process.

(3) Subclass B. Injection wells which inject non-polluting fluids into any geohydrologic

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§11-23-07

formation, including non-exempted aquifers (USDW) • Subclass B wells include:. (A) ~ir conditioning return flow wells used

to return the water used for heating or cooling in a heat pump;

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

(C) Drainage ~ells used to inject (ofte~ by gravity flow) surface fluids, primarily storm runoff;

(D) Recharge wells used to replenish, augment, or store water in an aquifer;

(E) ·Salt water intrusion barrier wells, used to prevent the intrusion of salt water into fresh water, if they inject water of eq~al or lesser chloride concentration as that portion of the aquifer into which injected;

(F) Wells used in aquaculture, if the water in the receiving formation has, either: (i) An equal or great~r chloride

concentration as that of the injected fluid; or

(ii) A total dissolved solids concentration in excess of five thousand mg/L.

(G) Injection wells used in an experimental technology, which {s one that has not been prov.en feasible under the conditions in which it is being tested; and

(H) All wells not included in subclasses A or AB of class V or in classes I through IV. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.6 and 146.5)

§11-23-07 Prohibition. (a) Without exception, any injection wells not defined by class V in section 11-23-06 shall not be permitted to be constructed, operated or to exist in the state. Class V injection wells shall be permitted to be constructed, modified and operated to the extent provided by, and subject to, the requirements of this chapter.

(b) No new subclass ~ or AB well shall be constructed or.operated in a non-exempted aquifer after the effective date of this chapter. [ E f f. JUL 6 , 19 8 4 ] (Aut h : HRS S 3 4 0 E-2 ) (Imp: HRS §340E-2, 40 CFR §§144.11, 144.12, 144.24 and 146. 52)

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§11-23-08

§11-23-08 Construction conditions. (a) No injection well shall be constructed unless, prior to the start of any construction:

(1) Application is made for a UIC permit and all application procedures set forth in sections 11-23-12 through 11-23-15 are completed~

(2) It is shown that the proposed injection well will comply with this chapter~ and

(3) The department, upon Sqtisfaction of the requirements set forth in (a) (1) and (a) (2) of this section, approves the start of construction.

(b) Approval of the start of the construction of any injection well shall not be construed as approval for the operation of that injection well. Further, the approval of the start of construction does not guarantee the approval to operate upon completion of the injection well. Permits shall be issued only in accordance with this chapter and it is the duty of the applicant to insure compliance with the law and this chapter. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2)

§11-23-09 Siting and pre-construction requirements. (a) Any new injection well shall be sited beyond an area which extends at least one-quarter mile from any part of a drinking water source. This includes not only the surface expression of the water supply well, tunnel or spring, but also all portions of the subsurface collection system which may extend laterally, either at right or inclined angles to the ground surface. The area of protection shall be delineated by a reasonably smooth curve drawn to connect the points extending one-quarter mile beyond the most extensive portions of the drinking water source and its collection system.

(b) Where the surface expression of an existing drinking water source drawing from an artesian aquifer is located in an exempted caprock aquifer, a new injection well shall be located, in addition to subsection (a), outside an area measuring one-half mile wide, which is bisected by a line running hydrologically upgradient from the surface expression of the drinking water source to the UIC boundary line. This condition also applies to any future drinking water source which may be sited in an exempted aquifer.

(c) For a proposed subclass B injection well which is sited mauka of the UIC boundary line, in addition to meeting the minimum distance requirement of

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§11-23-09

subsection (a) , the department of health shall require the applicant to submit water quality data representative of local conditions as part of the application. Where water quality data is lacking or insufficient to determine the areal water quality, the department may require the applicant to collect representative water samples from the injection well during construction. The samples shall be coll~ct~d and analyzed, in accordance with standards and methods established in chapter 11-20, entitled "Potable Water Systems". The parameters for which values shall be identified are, at least, the following:

(1) Chloride concentration, (2) Total dissolv.ed solids (TDS), and (3) Coliform - Total; if found, then fecal and

streptococcus determinations. (d) The variety of injec~ion wells and their uses

dictate a variety of construction designs consistent with those uses, and precludes specific construction standards for each type of injection well outlined in this chapter. However, an injection well shall be designed for its intended use, in accordance with good engineering practices as recommended by the Honolulu Board of Water Supply's "Water System Standards", dated March, 1977.

(e) Vertical migration resulting in undesirable mixing of fluids from aquifers of substantially different water quality (due to improper well construction or use of an injection well) shall be prevented by preserving the integrity of the confining zone or zones by grouting or some other method acceptable to the department.

(f) If a large void, such as a lava tube or solution cavity, is encountered during drilling, where the drill rod drops more than three feet, measures shall be taken to prevent unacceptable migration of the injected fluids. The owner shall either verify that the void does not slope inland or construct the well in such a manner that wastes are not injected directly into the void. For the first option, a test boring which verifies the void's inclination inland of the wellsi te shall be drilled. Fo~ t.he second option, the section of the well casing which passes through the void shall be without openings. Either the perforated casing shall be replaced with solid casing, or the holes in the casing shall be sea~d by grouting or in some other manner approved by the department. The owner shall notify the department to arrange discussion and approval of any corrective actions. Scheduling of the procedures shall be arranged :SO that the

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§11-23-09

departmental staff may observe the remedial operations. The final responsibility for remedial design, implementation and performance shall rest with the consulting engineer.

(g) Departmental staff shall have the right to enter property during normal working hours, without advance notification, for the purpose of observing injection well construction methods and progress. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §§340E-2 and 340E-9, 40 CFR §§144.12, 144.51 and 146.6)

§11-23-10 Provision for artesian aquifer protection. (a) Where an injection well is located in a caprock formation which overlies volcanic USDW under artesian pressure, the following conditions shall be applied:

(1) A buffer zone of at least fifty feet of the confining materials (caprock) or other impermeable substance, shall remain between the bottom of the injection well and the top of the volcanic aquifer, and

(2) Injection pressure, as measured at the feed elevation or well head, shall remain below the hydrostatic pressure of the volcanic aquifer (the artesian head) or two p.s.i.,

(b) described extensive

(1)

whichever is greater. The locations of artesian aquifer areas are generally. The major areas, which have an caprock formation, include: The southern coastal plains of Oahu, from Kahe Pt. (West Beach) to Wailea Pt. (Lanikai);

(2) The windward (eastern) coastal plains of Oahu, from Makalii Pt~ (Punaluu) to Waialee;

(3) The northern coastal plains of Oahu, from Haleiwa to Mokuleia~ and

(4) The Mana Plain on western Kauai, from Polihale to Kekaha.

Other artesian aquifer areas are found in valleys, where alluvium or other sedimentary material has been deposited to significant depths.

(c) If the ratio of the depth of the proposed injection well, to the estimated depth of caprock less fifty feet, is 1:2 or less, the applicant need not extend the depth of the injection well or wells in order to verify caprock thickness, prior to completion at the shallower proposed depth. The department shall estimate the depth of caprock by comparing lithology

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§11-23-11

from logs of borings in the vicinity. If, however, artesian aquifer conditions are encountered, the applicant shall have the options as set forth in subsection (f). The following is a table showing the depths needed to achieve the 1:2 ratio:

Proposed depth of injection well: 10 15 20 25 30 40 50 60 70 80 90 100

Minimum depth of caprock:

70 80 90 100 110 130 150 170 190 210 ~30 250

(d) If the ratio of the depth of the proposed injection well, to the estimated depth of caprock less fifty feet, is greater than 1:2, the applicant shall have the depth ~f the injection well temporarily extended by fifty feet to verify that artesian aquifer conditions are not encountered within that range. The fifty feet of extended hole shall be properly sealed by the tremie method, with a cement slurry that contains no more than five gallons of water per ninety-four pound sack of cement.

(e) Where a test well is planned for either a single injection well or a multiple well field, the depth of the test well shall be extended fifty feet into confining materials beyond the proposed depth of the deepest well. If the test well is intended to be operational, the lower fifty feet shall be properly sealed as detailed in subsection (d).

(f) Where artesian aquifer conditions are unexpectedly encountered, the applicant may choose to:

(1) Abandon and properly seal the injection well with neat cement and request approval for a new location; or

(2) Modify the depth of the injection well or wells so that it conforms with subsection (a) (1). [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.11 and 144.12)

§11-23-11 Operating conditions. (a) No injection well shall be operated, modified or otherwise utilized without a UIC permit issued by the department.

(b) No person shall construct, operate, maintain, convert, plug, abandon or conduct any other injection activity in a manner which allows the movement of fluid containing a contaminant into underground sources of drinking water, if the presence of that contaminant may

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§11-23-11

cause a violation of any primary drinking water rule or may otherwise adversely affect the health of one or more persons.

(c) All injection wells shall be operated in such a manner that they do not violate any of the department's administrative rules under title 11, Administra·tiv'e Rules, regulating various aspects of water quality and pollution, and chapter 342, HRS. The rules include:

(1) Chapter 11-20, "Potable Water Systems"; (2) Chapter 11-57, "Private Wastewater Treatment

Works and Individual Wastewater Systems"; and (3) Chapter 11-55, "Water Pollution Control". (d) If at any time the department learns that an

injection well may cause a violation of primary drinking water rules, the department shall order the injector to take such actions as may be necessary to prevent the violation, including, where required, cessation of operation of the injection well. .

(e) Notwithstanding any other provision of this section, the department shall issue a cease and desist order, effective immediately, upon receipt of information that a contaminant which is present in, or likely to enter, a system supplying water for human consumption, poses an imminent and substantial danger to the health of a person or persons. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §§340E-2 and 340E-4, 40 CFR §§144.11, 144.12, 144.24, 144.25, 144.31, 144.40 and 146.52)

§11-23-12 Application procedures for UIC permit. (a) No person shall operate, modify or abandon an injection well or wells without first obtaining a UIC permit from the department. Further, no person shall start construction of an injection well without first applying for a permit and obtaining the department's approval for the start of construction.

(b) All permit applications shall be made by the injection well owner on authorized departmental forms which shall be available at department offices. In the case of leasehold land, the applicant shall submit written proof of the consent of the land owner. In the case of a modification, the legal operator, with the written consent of the owner, may submit the application.

(c) An applicant may apply for a system permit rather than apply for each individual injection well if the wells meet all of the following conditions:

(1) Are owned by the same person;

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(2) Are operated by the same person~ (3) Are similarly designed; (4) Serve the same purpose~ and

§11-23-13

(5) Inject into the same aquifer or injection zone at the same property.

(d) All applications shall be submitted with a filing fee of $100 for each application. Any government agency shall be exempt from paying this filing fee. Additionally, when public notice is required, as provided in section 11-23-14, the applicant shall pay all fees assessed for publishing legal notice or notices for each application requiring public notice. If a public hearing is required, as provided in section 11-23-15, the applicant shall pay all fees assessed for publishing legal notice or notices for each application requiring such notice.

(e) The department shall not consider any incomplete application. An application is deemed complete when:

(1) All requested information has been submitted, including the application form, plans, maps and other exhibits;

(2) All fees have been paid; and (3) All public notice and hearing requirements

under sections 11-23-14 and 11-23-15 have been satisfied. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.24 and 144.33)

§11-23-13 Submission of data. (a) Each applicant shall provide the following:

(1) Facility name; (2) Facility location, including street address

and zipcode; (3) Tax map key (TMK) number and map at the most

detailed scale available, showing proposed injection well or wells location on the property, the correct scale and north arrow;

(4) USGS topographic quadrangle map or good copy (scale 1:24,000) indicating the location of the proposed injection well or wells, and all other injection and withdrawal wells within one-quarter mile of the facility boundary;

(5) Ownership of facility; (6) Name and address of lessor, if applicant is a

lessee, and written consent of the property owner;

(7) Name and address of legal contact; (8) Name of proposed operator;

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§11-23-13

(9) Nature and source of injected fluid; (10) Proposed design capacity and operating volume

of injected fluid; (11) Number and type of injection wells, including

construction materials and procedures; (12) Elevation section for proposed well or wells,

as found on the application form; (13) Description of injection system, including

emergency standby or monitoring wells, if any, and system blueprints;

(14) Details of proposed injection testing, the duration of which shall be for not less than twelve hours, and preferably for twenty-four hours; and

(15) For injection wells sited mauka of the UIC Line, water quality data, including, at a minimum, values for chloride, total dissolved solids, and coliform, from several of the nearest water supply wells.

(16) Number of each type of injection well actually constructed, including emergency standby and monitoring wells, if any;

(17) Well log maintained by a geologist, including: · (A) Lithology of injection interval or

intervals and confining formation or formations;

(B) Physical and structural characteristics of the formations encountered;

(C) Initial water level, and subsequent water levels as fluctuations occur, especially for artesian conditions; and

(D) Tidal fluctuations and efficiency. (18) Elevatior. section, as found on the

application form, showing exact final dimensions for each of the injection wells and materials used in construction;

(19) COmplete results of injection testing, including maximum capacity;

(20) Water quality data, if required; (21) Nature and source of formation water; (22) Description of operating plans, including

identification of legal operator, maximum and average volumes of injected fluids, number of hours per day of use, and degree and type 0f treatmenf, if any.

(b) When the application is for a proposed injection well, the applicant shall submit the inforrr tion required under section 11-23-13 (a) (16) to (22) upon completion of the injection well. No

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§11-23-14

authorization to operate shall be issued until the information is provided. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §§340E-2 and 340E-9, 40 CFR §§144.25, 144.26 and 144.33)

§11-23-14 Public notice of proposed wells injecting into USDW. (a) The director shall notify the public of every application for a well proposing to inject into an underground source of drinking water in a manner designed to inform interested and potentially interested persons. Public notice procedures shall include at least the following:

(1) Notice shall be circulated within the geographical area in which the proposed injection is located. The circulation shall, at the discretion of the director, include either or both of the following: (A) Posting in the post office and public

places of the municipality nearest the premises of the applicant in which the injection well facility is located~ and

(B) Publishing in local newspapers and periodicals or in a daily newspaper of general circulation.

(2) Notice shall be mailed to any person or group upon request~ and

(3) The director shall add to a mailing list the name of any person or group who requests copies of notices for all UIC applications which propose the use of a USDW for injection purposes within the State or a certain geographical area.

(b) The director shall provide a period of not less than thirty days following the date of the public notice, during which time interested persons may submit their written views with respect to the UIC application. All written comments submitted during the thirty-day comment period shall be retained by the director and considered in the formulation of the final determination with respect to the UIC application. The period for comment may be extended at the discretion of the director.

(c) The public notice shall include at least the following:

(1) Name, address and phone number of the agency issuing the public notice~

(2) Name and address of each applicant~ (3) Brief description of each applicant's

activities or operations which intend to

23-17

§11-23-14

utilize the injection wells described in the UIC application;

(4) A brief description of the procedures for the formulation of final determinations, including the thirty-day comment period required by subsection (b) and any other means by which interested persons may influence or comment upon those determinations; and

(5) Address and phone number of the state agency premises at which interested persons may obtain further information; and may inspect and copy UIC forms and related documents. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §145.31)

§11-23-15 Public hearings. (a) An applicant or any interested person or group of persons may request or petition the department for a public hearing with respect to UIC applications which have been publicly noticed pursuant to section 11-23-14. Within thirty days of the publication date of the public notice in the major daily newspapers, an applicant or any interested person or persons may request or petition for a public hearing, and shall indicate the interest of the party filing the request and their reason or reasons why a hearing is warranted.

(b) A hearing may be held if the director determines that there is significant public interest. Any hearing brought pursuant to this section shall be held in the geographical area of the proposed injection or other appropriate area, at the discretion of the director, and may, as appropriate with respect to geographic area, consider more than one UIC permit application.

(c) The public shall be given public notice of any hearing held pursuant to this section. The notice for the hearing shall include at least the following:

(1) Notice shall be published at least once in a newspaper of general circulation within the geographical area of the injection site;

(2) Notice shall be sent to all persons who received a copy of the notice for the UIC permit application;

(3) Notice shall be mailed to any person or group upon request; and

(4) Notice shall be issued at least thirty days in advance of the hearing.

23-18

§11-23-16

(d) The public notice of any hearing held pursuant to this section shall include at least the following information:

(1) Name, address and phone number of agency holding the public hearing1

(2) Name and address of each UIC applicant whose application will be considered at the hearing1

(3) Name of USDW area where injection is proposed and a short description of the underground source of drinking water aquifer1

(4) A brief reference to the public notice issued for each UIC application being considered, including identification number and date of issuance1

(5) Information regarding the time and location of the hearing;

(6) The purpose of the hearing1 (7) A concise statement of the issues raised by

the persons requesting the hearing1 (8) Address and phone number of the state agency

premises at which interested persons may obtain further information, and inspect and copy UIC forms and·related documents1 and

(9) A brief description of the nature of the hearing, including the rules and procedures to be followed. [Eff. JUL 6, 1984] (Auth: HRS S340E-2) (Imp: HRS S340E-2, 40 CFR §145.31)

Sll-23-16 Permit issuance. (a) The director shall issue a UIC permit for wells which propose to inject into exempted aquifers on the following basis:

(1) Existing or new injection wells do not or will not endanger the quality of underground sources of drinking water.

(2) Existing or new injection wells are designed and are or will be constructed or modified to operate without causing a violation of these rules or other applicable laws.

(3) Proposed injection wells are designed and built in compliance with the standards and limitations stated in sections 11-23-07 to 11-23-10.

(b) The issuance of a UIC permit for wells which propose to inject into USDW shall be based, in addition to subsection (a) (1) to (3) , upon the evaluation of the contamination potential of the local water quality by the injection fluids and the water development

23-19

§11-23-16

potential for public or private consumption. The public shall have an opportunity to present information about these aspects of the proposed project.

(c) The director may issue a UIC permit for any period of time, not to exceed five years.

(d) The UIC permit shall not be transferable from the injection well owner to any other person. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §§340E-2 and 340E-9, 40 CFR §§144.11, 144.12 and 144.36)

§11-23-17 Existing injection well registration. (a) The application procedures for a UIC permit, as stated in §11-23-12, shall apply to owners of existing injection well facilities.

(b) Within one month of the effective date of this chapter, the owner of any existing injection well or wells shall notify the department of the existence of the well, whether or not in use, and shall provide the department with the information required by section 11-23-13 (a) (1) through (7).

(c) The owner or operator of any existing injection well or wells shall further, within six months of the effective date of this chapter, submit to the department information concerning the construction and operating characteristics of such existing wells as required by section ll-23-13(a) (16) through (22).

(d) No existing injection well, including those sited in exempted aquifers, shall be permitted to operate without a UIC permit from the department. The owner of an existing injection well shall obtain a UIC permit within one year of the effective date of this chapter. The permit shall be issued upon demonstration by the injection well owner that the well's operation does not violate the conditions stated in sections 11-23-10 (a), 11-23-11 {b) and 11-23-16 {a) {1).

(e) Within three years from the effective date of this chapter, the state shall assess all existing injection wells to determine their impact on underground sources of drinking water. Subclass A wells shall be issued a permit until such time that a sewage collection system serves the area if they meet the following provisions:

{1) The application is properly completed; {2) The injected fluids remain non-polluting to

drinking water sources; and {3) The existing treatment facility design

capacity is not exceeded.

23-20

§11-23-19

(f) Existing wells of any subclass, which are determined to be polluting underground sources of drinking water shall have one year from the time of determination to effect corrective actions. If the pollution is not abated, the permit shall not be renewed or shall be suspended or revoked. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.15, 144.26, 144.31, 144.33 and 146.52)

§11-23-18 Monitoring and reporting requirements. (a) The operator of any injection well or wells shall keep detailed records of the operation of the well or wells, including, but not limited to, the type and quantity of injected fluids, and the method and rate of injection for each well.

(b) If the operation of.the injection well or wells is additionally regulated by other pollution control programs, e.g., National Pollution Discharge Elimination System (NPDES), the adherence to their monitoring and reporting requirements shall be considered a requirement of this chapter.

(c) The owner of any injection well or wells shall within one month report any change in ownership to the director in writing. Until such time as the notice of change in ownership is submitted, the registered owner shall be responsible for the operation of the well or wells and for damages resulting from improper operation of the well or wells. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.51 and 144.54)

§11-23-19 Plugging and abandonment requirements. (a) Any owner who wishes to abandon an injection well shall submit an application, in accordance with section 11-23-12, containing the details of the proposed abandonment. The department may require an abandoned well to be plugged in a manner which will not allow detrimental movement of fluids between formations. If required, plugging shall be completed by grouting with the tremie method in accordance with the Honolulu Board of Water Supply's "Water System Standards", dated March, 1977: or by some other method found appropriate and acceptable to the department.

(b) The department may order an injection well to be plugged and abandoned when it no longer performs its intended purpose, or when it is determined to be a threat to the ground water resource. The owner shall

23-21

§11-23-19

schedule the plugging so that departmental staff may be present to monitor the abandonment operation. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.40 and 144.52(a))

§11-23-20 Revocation, suspension or revision of UIC permits. (a) Each UIC permit shall be subject to revocation, suspension or revision by the director if, after notice and opportunity for a contested hearing, it is determined that:

(1) There is a violation of any term or condition of the UIC permit; or

(2) The UIC permit was obtained by misrepresentation, or failure to fully disclose all relevant facts; or

(3) The UIC permit was willfully defaced, altered, forged or falsified; or

(4) There is a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted injection; or

(5) There is a failure to comply with these rules or any other applicable rules or laws.

(b) In taking any action the director may consider operating records, compliance investigations, or other information regarding the injection well facility or impact on the USDW aquifer. [Eff. JUL 6, 1984] (Auth: HRS 340E-2) (Imp: HRS 340E-2, 40CFR §145.31)

§11-23-21 Penalties. It shall be a violation of this chapter for any owner or operator of an injection well to construct, operate, maintain or close that well unless authorized by this chapter or by a permit or order to do so. It shall also be a violation of this chapter for any owner or operator to fail to comply with all of the applicable terms of the authorization, including those relating to inspection, monitoring, record keeping, and reporting. Compliance with a corrective order shall not excuse the basic violation. Any person who violates any provision of this chapter shall be subject to the penalties provided in section 340E-8, HRS. Civil penalties shall be recoverable for any program violation in, at least, the amount of $2,500 per day, not to exceed $5,000 per day. Criminal fines shall be recoverable in, at least, the amount of $5,000 per day against any person who willfully violates any program requirements.

23-22

[Eff. (Imp:

JUL 6, 1984] (Auth: HRS §340E-7) HRS §340E-8, 40 CFR §§144.11 and 145.13)

§11-23-22

§11-23-22 Severability. If any provision of this chapter or its application to any person or circumstances is held invalid, the application of such provision to other persons or circumstances, and the remainder of this chapter, shall not be affected thereby. [Eff. JUL 6, 1984] (Auth: HRS §340E-9) (Imp: HRS §340E-9)

23-23

NOTICE OF CHANGE September 25, 1984

The citation of authority for and list of sections implemented by §11-23-04, Hawaii Administrative Rules, are added to read as follows:

[Eff. July 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.7, 146.4 and 146.52)

-The Department of Health authorized the adoption

of Chapter 23 of Title 11, Administrative Rules on Underground Injection Control following public hearing held on Lanai on November 7, 1983, on Molokai on November 8, 1983, on Maui on November 9, 1983, on Hawaii on November 14, 1983 in Hilo and on November 15, 1983 in Kona, on Oahu on November 16, 1983, on Kauai on November 17, 1983, after public notice was given in the Maui News on September 21, 1983, in the Hawaii TribuneHerald on September 21, 1983, in West Hawaii Today on September 22, 1983, in the Honolulu Advertiser on September 22, 1983, and in the Garden Isle on September 21, 1983.

Chapter 23 of Title 11, Administrative Rules shall take effect ten days after filing with the Office of the Lieutenant Governor.

APPROVED AS TO FORM:

CHARLES G. CLARK DIRECTOR DEPARTMENT OF HEALTH

APPROVED:

a .. GO RNOR S ATE OF HAWAII

Date: C -L...S---F5£'

= co .a:... (._ c

....., .z JUN 26 1984

,..., Filed: C"') ..... ,

r 0\

::1

~ Effective -<

JUl. 8 Date: 198-i 0 .../:l-I.J1

~1 C) 0 < ~ :::. 0 :::::>

"" 0 . ...-: n rr;

Sll-23-01 Sll-23-02 Sll-23-03 Sll-23-04

Sll-23-05

Sll-23-06 Sll-23-07 Sll-23-08

, Sll-23-09 §11-23-10 Sll-23-11

,Sll-23-12 Sll-23-13 Sll-23-14

Sll-23-15 Sll-23-16 Sll-23-17 Sll-23-18 Sll-23-19 Sll-23-20

Sll-23-21 Sll-23-22

Amendment and Compilation of

Chapter 11-23

Hawaii Administrative Rules

[Date of Adoption]

Chapter 11-23, Hawaii Administrative Rules,· "Underground Injection Control" is amended and to read as follows:

"HAWAII ADMINISTRATIVE RULES

TITLE 11 DEPARTMENT OF HEALTH

CHAPTE:R 23

. Purpos ·Scope Definitio

INJECTION CONTROL

Classificat'on of exempted aquifers and underground ources of drinking water Identificatio of exempted aquifers and USDW Classification o injection wells Prohibition Construction condi ons Siting and pre-const uction requirements Provision for artesia aquifer protection Operating conditions Application procedures r UIC permit Submission of d~ta Public notice of proposed into USDW Public hearings Permit issuance Existing injection well registra ion Monitoring and reporting requirem nts Plugging and abandonment requireme ts Revocation, suspension or revision permits Penalties Severability

§11-23-01

§11-23-01 Purpose. The purpose of this chapter is to establish a state underground injection control (UIC) [Program) program in order to protect the quality of the state's underground sources of drinking water (USDW) from pollution by subsurface disposal of fluids. Toward this end, conditions are specified to govern the location, construction and operation of injection wells so that injected fluids do not migrate and pollute USDW. This chapter establishes minimum standards and counties are 110t precluded from establishing more stringent standards. [Eff. JUL 6, 1984~ am and comp ) (Auth: HRS S340E-2) (Imp: HRS S340E-2, 40 CFR §144.1)

Sll-23-02 Scope. This chapter covers any injection well as herein defined in this chapter. Excluded from this chapter are:

(1) Individual wastewater systems (IWS) serving single family residential households which generate a volume of domestic sewage less than [that cited in chapter 11-57, entitled "Private Wastewater Treatment Works and Individual wastewater Systems", e.g.,) eight hundred gallons per day (gpd)~ [and)

(2) Non-residential waste disposal systems which receive solely sanitary wastes [where the facility) from buildi·ngs that [generates) generate less than lone thousand gpd.) eight hundred gpd of wastewater;

(3) Test borings used for geotechnical and/or hydrologic investigations, provided that those borings are plu~ged with impermeable material ueon completlon of the investigat1on; and Wells which are used for round stabilization

y the 1n]ect1on o a grout or by vert1cal relief of excess soil pore pressures. [Eff. JUL 6, 1984; am and comp ] (Auth: HRS S340E-2) (Imp: HRS S340E-2, 40 CFR SS144.l(e), 146.1 and 146. 5)

23-2

..

§11-23-03

Sll-23-03 Definitions. As used in this chapter: "Abandon" means to permanently discontinue usage;


"Aquifer" ·means a geological formation, group of formations, or part of a formation that is capable of yielding a si~nificant amount of water to a well, tunnel or svru~ . .

· · 1Artes1a:-." means a hydrologic condition whereby groundwater is confined, under.pressure greater than atmospheric, by overlying, relatively impermeable strata. Because of hydrostatic pressure, the piezometric surface of an artesian aquifer rises above the· bottom of the (uppe·r) confining bed.

["Aquifer" me~ns a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well, tunnel or spring.]

"Bu.ilding" means a structure, aermanent or temporary, built, erectedand fi:ame<o£ component structural parts desi9·ned for: the· housing, shelter, workplace, enclosure or suppor-t·of persons, animals or property of any kind. · · · ·

"Caprock" means a geological formation or formations composed of terrigenous or marine sediments deposited over a formation or formations of volcanic origin.· Caprock is substantially less permeable than volcanic formations, and is considered a "confining material".


•contaminant" means any [substance or matter which causes, directly or indirectly, a detrimental] physical, chemical, biologicalL or radiological [change in the existing waterquality; used interchangeably with "pollutant"~] substance,or matter in water.

•county" means any; county of the State, including Kalawao county on Molokai. · .

·'Department" means-the department of health, [state] State of Hawaii~

·"Director" means the dire.ctor of health or a duly authorized representative~ ·

23-3

§11-23-03

"Disposal well" means a well used for the disposal or emplacement of fluid or fluids, either by gravity flow or under pressure, into subsurface·~trata; often used interchangeably with "injection well".

"Exempted aquifer" means an aquifer or a portion thereof that is exempted from being used as an USDW by the director.

"Existing well" means a well which [is] was in operation or [has] had received official sanction from all of the necessary agencies, before [the effective date of this chapter.] July 6, 1984.


"Formation" means a body of rock characterized by a degree of lithologic homogeneity or similarity which is prevailingly, but not necessarily, tabular and is mappable on the earth's surface. or t'raceable in the subsurface.

"Geohydrologic formation" means any formation capable of transmitting fluids by saturated flow, unsaturated flow or a combination thereof.

1Geologist• means a person with a bachelors or higher degree in geologic sciences from an accredited college or university and a minimum of one year experience in well logging and testing.


"Grouting" means the operation whereby a cement slurry is forced behind the casing for such purposes as: sealing the casing to the walls of the hole, preventing undesirable leakage of fluids out of the hole, and preventing migration of liquids or gases into the hole; or is pumped into a drill hole or well for plugging and abandonment.

"Hazardous waste" means a hazardous waste as defined extensively in Code of Federal Regulations (CFR), Title 40-Protection of Environment, section 261.3 dated [July 1, 1981.] November 29, 1985. A hazardous waste may be categorized as such on the basis of its chemical content, toxicity, or whether it is corrosive, ignitable or reactive. The following is a partial list of some wastes which are excluded from the "hazardous waste" classification:


23-4

•

§11-23-03


(3) 'Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of geothermal energy.

"HRS" means Hawaii Revised Statutes. "Individual wastewater System(IWSl" means the

facility which disposes of treated or untreated domestic wastewater generated from a room or group of rooms forming a single habitable unit, including, but not limited to; cesspools', septic tanks and household aerobic units.


"Inject" means to di-spose or emplace fluids, either under pressure or by gravity ,flow, into a subsurface formation or formations.·

."Injection pressure" means the head increase in the well·bore.with respect to tfie·static groundwater level. ·

1 Injection well" means a well into which subsutface disposal of fluid or fluids occurs or is intended to occur by means of injection.


· "Mauka" means toward the mountains or the encircled protected aquifer.·


"Person" means any indiVidual, partnership, firm, association, public or private corporation, trust estate, the federal, state or county governments or any of their agencies, or any other legal entity.

23-5

§11-23-03

"Pollute" means: [(A)] J!l To alter the physical, chemical,

biological or radiological properties of any state waters, [such that the] including but not limited to temperature, taste, potability, mineral content, turbidity, color or odor of USDW [are adversely affected] ; or

[(B)] Jll To discharge any liquid, gaseous, solid, radioactive, or other substances, into any state waters as will or is likely to create a nuisance or render such waters [unreasonably] harmful, detrimental or injurious to public health, safety or welfare, including harm, detriment, or injury to public or private drinking water supplies.

"Sewage" means waste from all plumbing fixtures in residences, institutions, public and private buildings, and other places of human habitation, employment or recreation, whether treated or not by public or private sewage treatment plants.

"State" means [state] State of Hawaii. "UIC" means the underground injection control

program under Part C of the Safe-Drinking Water Act (P.L. 93-523) and chapter 340E, ·HRS.

"UIC Line" or "the Line" means the line on the department of health UIC maps which separates, in plan view, exempted aquifers and USDW.


(1) Which supplies any public or private drinking water system; or contains a sufficient quantity of ground water to supply a public water system; and (A) Currently supplies drinking water for


milligrams per liter (mg/L) total dissolved solids (TDS) f and

(2) Which is not an exempted aquifer. "Volcanic" means material originating from a



23-6

..

§11-23-04

"Waste disposal system" means an excavation in the ground receiving wastes which functions by allowing fluids to,seep through its bottom, sides or both, including cesspools, septic tanks, a~d seepage pits.

"Well" means a bored, 4rilled or driven shaft, or a dug hole, whose depth. is greater than. its widest· surface dimension.

The publications referred to or incorporated by reference in this chapt~r are available from the offices of the department .of health. [Eff. JUL 6, 1984; am and comp 1 (Auth: HRS S340E-2) (Imp: HRS §340E-2, 40 CFR SS144.3 and 146.3)

§11-23-04 Classification of exempted aquifers and undergro9nd sources of.drinking water. (a) Upon request, and with concu.trence o(.tiie director, the department shall review·the aquifer designations. The aql,lifer designations shaLl be reviewed at lea.st every three years. In its review, the department may amend the status of an aquifer in accordance with chapter 91, HRS. The criteria for exempting aquifers from underground source of drinking water (USDW) status is as follows:

(1)

(2)

The aquifer does not currently serve as a source of drinking water; and The aquifer cannot n()w and will not in the future serve as a source of drinking water because of any of th~ following criteria: (A) It is situated at a depth or location

which currentlymakes recovery of water for drinking water purposes economiqally or technologically impractical; or

(B) It is so contaminated that it would be economically or tecbriolog ically ' impractical to ·render that water fit for human consumption; or·

(C) The total .dissolved solids (TDS) concentration of the ground water is more than five thousand mg/L, and it is not reasonablybxpected to supply a public or priva~~ drinking water system.

23-7

§11-23-04

(b) The UIC maps shall indicate exempted aquifers and USDW, in plan view, by use of a UIC Line, and such maps are an integral part of this chapter. The department's UIC maps shall be the final authority for the identification of the aquifer boundaries on the land surface. Copies of the maps and this chapter are available for examination at an office of the department's environmental protection and health services division, the district health offices and other department offices ~n each island.

(c) Unless expressly exempted, all aquifers are considered to be USDW. [Eff. JUL 6, 1984; comp ] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.7, 146.4 and 146.52)



(2) Where the volcanic formation is an artesian aquifer, from the subaerial ground surface down to fifty feet above the contact between the artesian volcanic aquifer and the overlying confining materials.

(b) Unless an aquifer is expressly exempted, as described above or depicted on the department-issued UIC maps, it is an underground source of drinking water. However in areas where the a uifer boundaries have not been scientifically establis ed and drinking water sources have not been ositivel determined test bor1n~s shall be allowed for t 1s verificat1on; provi ed that:

(1) If groundwater is not encountered, depending on the geological formation and recommendations of a geologist, underground injection may be allowed, and the director may impose requirements deemed necessary to protect potable sources; and

23-8

§11-23-06

(2) If groundwater is encou_ntered, . test samples sh§ll-be taken.and,anal.yzed to determine whether the water is potable. If the water is not·potable, undetground.ln]ection shall be. allowed, provided .. that the administrative rule$ of . the depar.tment ate complied with.

(c) In areas where the UIC Line is defined by a toadway, a setback of one lot or one_hundred fifty feet, whichever is less, from the m.auka property line of that roadway may be considered. to be within the exempted area. If the roadway is_within a property, the setback shall extend to the ma.uka property line or to one hundred fifty feet from the mauka edge of said roadway, whichever is less. This. inte.rpretation of the UIC line shall be subject to all other conditions of this chapter. The applicant, on the pe.x;mi t application, shall reques.t this interpretation, approval of which shall be based on t-he proximity and sensitivity of drinking water .sources. .

d S ecial eothermal exem ted a uifers shall be ident ed as an area,whic ha bee s1 nated as a Geothermal Resource u zone, .1n ctccor ance w1 t : Administrative Rules, Title 13, Chapter la4 of the Delartment ol Lana. and Natural Resources.. . . [E f. JUL 6, 1984; am and comp . . 1 (Auth: HRS S340E-4) (Imp: HRS S340E-2, 40 CFR §§144.7 and 146.4)_

Sl.:J.-23-06 Classification of injectionwells. (a) .The- department shalt·· classify existing and proposed injection wells in accordance with the five classes of wells described in this section. Wells in classes I through IV are prol'\ibited and are defined as follows:

(1) Class I •.. Well~ which inject f~uid$ beneath the lowermost for,mation containing., within one quarter mile of the we~l bore, an underground source of drinking water and which are used by: (A} Generators of. _hazardous wast.e. or owners

or operato,rs of ha-zardous waste management facilities; and


§11-23-06


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 hydrocarbbns which are liquid at standard temperature and pressure.



(C) Solution mining of salts or potash. (4) Class. IV. 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 [any geohydrologic] ~ formation, which, within one-quarter of a mile of the well, contains an underground source of drinking water (USDW), even if exempted.


(1) Subclass A.. Injection wells which inject fluids into-an underground source of drinking water. Subclass A wells include: (A) Sewage injection wells; and (B) Industrial disposal wells other than


(2) Subclass AB. Injection wells which inject only into exempted aquifers. Subclass AB wells include:

23-10

§11-23-06

(A) Sewage inje~tion wells; and (B) Industrial disposal •ells, other than

those class.ified under subclass B, such as brine disposal wells used in a desalinization process. · ~

(3) Subclass B. Injectionwe'Ils which inject non-polluting fluids'"into any geohydrologic formation, including non~exempted aquifers (USDW). ·Subclass B wells .include: (A) Air conditioning return flow.wells used

to return th.e water used for heating or cooling in a heat pump;

(B) Cooling water return flow wells used to inject water previously used for cooli~g; · · . .

[(C) Drainage 'fells used. to inject (often by gravity flow) _surface fluids, primarily storm runoff;

(D)] J£1 Recharge wells used to replenish, augment, or store water in an aquifer;

[(E)] lQl Salt water intrusion barrier wells, used to prevent the intrusion of salt water into fresh water, if they inject water of equal or lesser chloride concentration as that portion of the aquifer into which injected;

[(F)] J!l Wells used in aquaculture, if the water in·· the receiving formation has, either: (i) An equal or greater chloride



[(G) 1 .J.!t Injection wells used in an experimental technology, which is one that has not been proven feasible under the conditions in which it is being tested ; . and

[(H)] ~All wells not included in suoclasses A or AB of class V or in classes I through IV.

4 Subclass c. In'ection wells which in'ect surface Ul sf i.e. 1 storm runoff, 1nto any geohydrolgglc ormat1on.

23-11

§11-23-06

(5}

(6)

Subclass D~ Injection wells which inject overflows, or relief flows, from potable water systems into any geohydrologic formation. Subclass E. Injection wells which inject only into special geothermal.exempted aquifers in conjunction with the development and exploitation of geothermal aquifers. ~lass E injection wells include: (A) Brine injection wells for the disposal

of excess water from the steam-flashing

(B)

(C)

process; Condensate injection wells for the disposal of condensate from electric generators; and Gas injection wells for the disposal of non-condensible gases entrained in an aqueous solution. [Eff. JUL 6, 19841 am and comp 1 (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.6 and 146.5)

§11-23-07 Prohibition. (a) Without exception, any injection [wells] well not defined by class V in section 11-23-06 shall not be permitted to be constructed, operated or to exist in the [state.] State. Class v injection wells shall be permitted to be constructed, modified and operated to the extent provided by, and subject to, the requirements of this chapter.

(b) No new subclass A [or AB] well shall be constructed or operated in a non-exempted aquifer after the effective date of this chapter.

(c) Without exception, any injection well disposing hazardous waste or radioactive waste shall not be permitted to be constructed, operated or to exist in the State. [Eff. JUL 6, 1984; am and comp ] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.11, 144.12, 144.24 and 146.52)

23-12

§11-23-09

/sll-23-08 Construction conditions. (a) No injection well shall be constructed unl~s~, prior to the start of any construction: .

(1) Application is made for a UIC permit and all application procedures set forth in sections 11-23-12 through 11-23-15 are completed;

(2) · It is shown that the proposed injection well will comply with this chapter; and

/<3> The department, upon satisfaction of the requirements set' forth iri [(a) (1) and (a) (2) of this section, 1 parag·raphs (1~ and (2), approves the start of construct1on. . · ·

(b) Approval of the start of the constructiOn of any injection well shall not be construed as apprbval· for the operation of that injection well. ·Further, the approval of the start of construction does not guarantee the approval to operate upon completion of the injection well. Permits shall be issued only in accordance with this chapter and it is the duty bf the applicant to insure compliance wit·h the law and this chapter. [Eff. JUL 6, 1984 ; am and · comp 1 (Auth: HRS ·sl40E-2) (Imp: HRS S340E-2)

Sll-23-09 Siting and pre-construction requirements. (a) · Any new injection well, other than subclass D injection wells, shall be sited beyond an area which extends at least one-quarter mile from any part of a drinking water source.· This ·includes not only the surface expression of the water supply well, tunnel or spring, but also all portions of the subsurface collection system which may extend laterally, either at right or inclined angles to the ground surface. The area of protection shall be delineated by a reasonably smooth curve drawn to connect the points extending one-quarter mile beyond the most extensive portions of the drinking water source and its collection system.

(b) Where the surface expression of an existing drinking water source drawing from an artesian aquifer is located in an exempted·caprock aquifer, a new injection well, other than a subclass D injection well, shall be located, in addition to subsection (a), outside an area measuring one-half mile wide, which is

23-13

§11-23-09

bisected by a line running hydrologically upgradient from the surface expression of the drinking water source to the UIC boundary line. This condition also applies to any future drinking water source which may be sited in an exempted aquifer.

(c) For a proposed [subclass B] injection well which is sited mauka of the UIC boundary line, in addition to meeting the minimum distance requirement of subsection (a) , the department [of health] shall require the applicant to submit water quality data representative of local conditions as part of the application. Where water quality data is lacking or insufficient to determine the areal water quality, the department may require the applicant to collect representative water samples from the injection well during construction. The samples shall be collected and analyzed, in accordance with standards and methods established in chapter 11-20, entitled "Potable Water Systems". The parameters for which values shall be ideritified are, at least, the following:

(1) Chloride concentration, (2) Total dissolved solids (TDS), and (3) Coliform - Total; if found, then fecal and

streptococcus determinations. (d) The variety of injection wells and their uses


(e) Vertical ~igration resulting in undesirable mixing of fluids from aquifers of substantially different water quality (due to improper well construction or use of an injection well) shall be prevented by preserving the integrity of the confining zone or zones by grouting or some other method acceptable to the department.

(f) If a large void, such as a lava tube or solution cavity, is encountered during drilling, where the drill rod drops more than three feet, measures shall be taken to prevent unacceptable migration of the

23-14

§11-23-10

injected fluids. The owner shall either verify that the void does not slope inland or construct the well in such a manner that wa.stes are not. injected directly into the void. For the first option, a test boring which verifies the void's inclination inland of the wellsite shall be drilled. For the second option, the section of the well casing .which passes through the void shall be without openings. Either the perforated casing shall be replaced with solid casing, or the holes in the casing shall. be sealed by grouting or in some other manner approved:by the department. The owner ·shall notify· the departaent to arrange discussion and approval of any corrective actions. Scheduling of the procedures shall be. arr-anged so that the departmental staff may.observe the remedial operations. The. final responsibility for remedial design, implementation and performance shall rest with the consulting engineer. .

(g) Departmental staff shall have the right to enter property during normal working hours, without advance notification., for .the purpose .of observing injection. well construction methods and progress. [Eff. JUL 6, 19841. am and· comp 1 (Auth: HRS S340E-2) · (Xmp: HRS SS340E-2 and 3.40E-9, 40 CFR SS~44.12, 144.51 and 146.6)·

§ll-23-10 Provision for artesian aiuifer . . protectiin. . . (a) . Wher;e an injection wei Is located in a caproc formation which overlies volcanic USDW under artesian pressure, the following conditions shall be applied:

(1)

(2)


A buffer zone of at least fifty feet of the con~ining materials (caprock) or'other impermeable substance, shall remain between the bottomof the injection well and the.top of the volcanic aquifer,· and · Injection pressure, as.measured at the feed elevation or well l;le~d1' shall remain below the hydrostatic pressure of the volcanic aqtilfet (th·e <~.rtesian head) or two p. s. i., whiche~er is greater. The locations of artesian aquifer areas are generally. The major areas, which have an caprock formation, include:

23-15

§11-23-10

(1) The southern coastal plains of Oahu, from Kahe Pt. (West Beach) to Wailea Pt. (Lanikai) ;

(2) The windward (eastern) coastal plains of Oahu, from Makalii Pt. (Punaluu) to Waialee;

(3) The northern coastal plainsof Oahu, from Haleiwa to Mokuleia; and



(c) If the ~atio of the depth of the proposed injection well, to the estimated depth of caprock less fifty feet, is 1:2 or less, the applicant need not extend the depth of the injection well or wells in order to verify caprock thickness, prior to completion at the shallower proposed depth. The department shall estimate the depth of caprock by comparing lithology from logs of borings in the vicinity. If, however, artesian aquifer conditions are encountered, the applicant shall have the options as set forth in subsection (f). The following is a table showing the depths needed to achieve the 1:2 ratio:

Propos~ depth of injection well: I 0

Minimum depth 70 of caprock:

15

80

20 25 30 40 50 60

90 I 00 I I 0 130 ISO 170

70 80 90 100

190 210 230 250

(d) If the ratio of the depth of the proposed injection well, to the estimated depth of caprock less fifty feet, is greater than 1:2, the applicant shall have the depth of the injection well temporarily extended by fifty feet to verify that artesian aquifer conditions are not encountered within that range. The fifty feet of extended hole shall be properly sealed by the tremie method, with a cement slurry that contains no more than five gallons of water per ninety-four pound sack of cement.

23-16

§11-23-11

(e) Where a test we~l is planned for either a singl~ inj~ction well or·a ~ultipie well field, th~ depth of the test well shall be' extended fifty feet into confining materials beyond the proposed depth of the deepest well. If the teat well is intended to be operational, 'the lower fifty feet shall be properly sealed as detailed in subsection (d).

{f) Where artesian aquifer conditions are unexpectedly encountered,·· the 'applicant may choose to:

(1) Abandon and properly seal the injection well with neat cement and request approval for a new location; or · · ·

(2) Modify the depth of ;the injection well or wells so that it conforms with subsection (a) (1) • [Eff. JUL 6, .1984; comp . ] (Auth: HRS S340E-2) (Imp: HRS S340E-2, 40 CFR SS14'4 .11 and 144.12)

Sll-23-11 Operating-conditions. (a) No injection well shall be operated, modified or otherwise utilized without a UlC permit issued by the department.

(b) No person sha·l'I construct, operate, maintain, convert, plug, abandon or conduct any other injection activity in a manner which allows the movement of' fluid containing a contaminant into underground sources of drinking water, if the presence of that contaminant may cause a violation of any national or state primary ~rinking water rule or may otherw1se adversely affect the health of one or ~ore persohs.

(c) All injection wells shall be operated in such a manner that they do not violate any of the department's administrative rules under title 11, aawaii Administrative Rules, regulating various aspects of water quality and pollution, and chapter 342, HRS. The rules include:

(1) Chapter 11-20, "Potable Water Systems"; (2) Chapter· [11-57, "Private Wastewa'ter Treatment

Works and Individual Wastewater Systems";] 11-62, "Wastewater Management"; and

(3) Chapter· i-1-SS, "water Pollution Control".

23-17

§11-23-11

(d) If at any time the department learns that an injection well may cause a violation of primary drinking water rules, tbe department shall order the injector to take such actions as may be necessary to prevent the violation, including, where required, cessation of operation of the injection well.

(e) Notwithstanding any other provision of this section, the department shall issue a cease and desist order, effective immediately, upon receipt of information that a contaminant which is present in, or likely to enter, a system, or underground source of drinking water, supplying water for human consumption, poses an imminent and substantial danger to the health of a person or persons. [Eff. JUL 61 1984; am and comp ] (Auth: · HRS S340E-2) (Imp: HRS §§340E-2 and 340E-4, 40 CFR §§144.11, 144.12, 144.24, 144.25, 144.31, 144.40 and 146.52)

Sll-23-12 Application procedures for UIC permit. (a) No person shall operate, modify or abandon an injection well or wells without first obtaining a UIC permit from the department. Further, no person shall start construction of an injection well without first applying for a permit and obtaining the department's approval for the start of construction.

(b) All permit applications shall be made by the injection well owner on authorized departmental forms. which shall be available at department offices. In the case of leasehold land, the applicant shall submit written proof of the consent of the land owner. In the case of a modification, the legal operator, with the written consent of the owner, may submit the application.


(1) Are owned by the same person; (2) Are operated by the same person; (3) Are similarly designed; (4) Serve the same purpose; and (5) Inject into the same aquifer or injection

zone at the same property.

23-18

§11-23-13

(d) All applications shall. be submitted with a filing fee of $100 for each application. Any government agency shall ·be.,exempt from paying this filing fee. Additionally, when public notice is r·equired, as provided in section 11-23-14, ·the applicant shall pay all fees assessed for publishing legal notice or notices for each application requiring public notice. If a public hearing is required, ~s provided in section 11-23-15, the applicant shall pay all fees assessed for publishiQg legal notice or notices for e~cb application requiring such notice. ·

(e) The department shall not consider any incomplete application. An application is deem.ed com-plete when: ·

(1) All requested information has been submitted, including the application form, plans, maps and other exhibits: · ·

(2) All fees hav·e been paid: and (3) All public n_otice and hearing requirements

under sections 11~23-1~ and 11-23-15 have been satisfied. [Eff. JUL 6, 1984: camp 1 (Auth: HRS S340E-2) (Imp: HRS S340E-2, 40 CFR §§144.24 and

144 .33)

Sll-23-13 Submission of data. (a) Each applicant shall provide the following:

(1) Facility name; . (2) .Facility location, including street address

and [zipcode;] zip code; · . {3) Ta.x map key .(Tr.JK) number and map at the most

detailed scial~ availabl~, showing the locati.on of the propo$ed injection -we11 or wells [location] on the property, the correct scale and north arrow;

{4) USGS topographic quadrangle map or good copy (seal~ 1:24,000) indicating the location of the proposed injection well or wells, and all other injection and wi~bdrawal wells within one-quarter mile C)f. the facility boundary;

{5) Ownership of faciiity; , {6) Name and address of lessor, if applicant is a

lessee, and written consent of the property owner:

§11-23-13

(7) Name and address of legal contact; (8) Name of proposed operator; (9) Nature and source of injected fluid; (10) Proposed design capacity and operating volume




emergency standby 9r monitoring wells, if any, and system blueprints;

(14) Details of proposed injection testing, the duration of which shall be for not less than twelve hours, and preferably for twenty-four hours; [and]

(15) For injection.wells sited mauka of the UIC Line, water quality data, including, at a minimum, values for chloride, total dissolved solids, and coliform, from several of the nearest water supply wells[.]L


(17) Well log maintained by a geologist, including: (A) Lithology of injection interval or

intervals and confining formation or formatiol')s;

(B) Physical and structural characteristics of the formations encountered:


(D) Tidal fluctuations and efficiency[.]L (18) Elevation section, as found on the

application form, showing exact final dimensions for each of the injection wells and materials used in construction;

(19) Complete results of injection testing, including maximum capacity:

(20) Water quality data, if required; (21) Nature and ·source of formation water;

23-20

Sll-23-14

(22) Description of.operating plans, including identifiCatiOn'. Of, legal OperatOr 1 maximUm and average volumes of injected fluids, number of hours per day of use, and·degree and type of

.treatment, if any. (b) When the application is for a proposed

injection well, the applicant shall submit the information required under [section ll-23-13(a) (16) to (22)] subsection (a) (16) to-(22) upon completion of the injection well. No authocization to operate shall be issued until the information·is provided.

(c) Applicants for eroposed subclass C or subclass D injection wells·shall· not be reguired to submit the informationreguired under subsection· (a) (10), ·(a) (14),. (a)·(lS)·, -(a) (17), 1a) (-19), -(a) (20) 1 and (a) (21). [Eff. JUL 6, 1984; am and comp ] (Auth: BRS S340E-2) (Imp: HRS S§340E-2 and 340E-9, 40 CFR SS144.25, 144.26 and '144. 33)

§11-23-14 Public notice.of proposed wells injecting into USDW. - (a) The director shall notify the public of every application for a well proposing to inject into an underground source of drinking water in a manner designed to inform interested and potentially interested.persons. ·Public notice procedures shall

, include at ,least the following: (1) Notice shall be circulated within the

geographical area in 'which the proposed injection is located. The circulation shall, at the discretion of the director, include either or. both of the fol-lowing: (A) Posting in the post office and public

places of the municipality nearest the premises of the applicant in which the injection well' 1fac'ili ty is located; and

(B) Publishing in local newspapers and periodicals. or in .a daily newspaper of general circulation(.]L


23-21

§11-23-14

(3) The director shall add to a mailing list the name of any person or group who requests copies of notices for all UIC applications which propose the use of a USDW for injection purposes within the State or a certain geographical area.



(1) Name, add~ess and phone number of the agency issuing the public notice;

(2) Name and address of each applicant; (3) Brief description of each applicant's

activities or operations which intend to utilize the injection wells described in the UIC application;

(4) A brief description of the procedures for the formulation of final determinations, including the thirty-day comment period required by subsection (b) and any other means by which interested persons may influence or comment upon those determina-tions; and ,

(5) Address and phone number of the state agency premises at which interested persons may obtain further information; and may inspect and copy UIC forms and related documents. [Eff. JUL 6, 1984; am and comp ] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §145.31)

23-22

§11-.~3-15

~11-23-15 Public bearing$. (a) An applicant or any interested person or group.· of persons may request or petition the department far a public hearing with respect to UIC applications which have been publicly noticed pursuant to section 1-1-23-14 •. : W:ithin thirty days of the publication date of the public. notice in the major daily newsp~pers, an applicant or: any inte.r.ested person or persons may request or p~tition for a public hearing, ·and. shall indicate the interest of the party filing .the reque.st and their reason or reasons why a hearing is warranted .•.

(b) A hearing may be held if the dfrector determines that there is significant public interest. Any hearing brought pursuant to .this section sh~ll be held.· in the geographical area .of the proposed injection or other appropriate area, at the discr;etion of the director, and may, as appropriate with respect to geographic area, consider more than one UIC permit application.

(c) The public shall be given public notice of any hearing held pursuant to.this section. The notice for the. hearing shall include at least the following~

(1) Noti~e shall be' published ·at least: onc.e in a newspaper of general circulation within the geographical area. of the injection site;

(2) Notice shall be sent to all persons who received a copy of the notice for theUIC

. permit application; (3) Notice shall be mailed to. any person or group

upon reqQest; and (4) Notice shall be issued· at least thirty days

in advance of the hear,ing. (d) The public notice of any. hearing held

pursuant to this section shall incLude at least the following informat.ion:

(1) Name, address and phone number of agency holding the public hearing,; . · ·

(2) Name and address of.each-UIC applicant whose application will be considered at the hearing; .

. (3) Name of USDW area where injection is proposed and a short description of the underground source of drinking water aquifer;

23-23

\

, .. _.

I I

I

§ll-23-15

(4) A brief reference to the public notice issued for each UIC application being considered, including identification number and date of issuance;

{5) Information regarding the time and location of the hearing;

{6) The purpose of the hearing; (7) A concise statement of the issues raised by

the persons requesting the hearing; (8) Address and phone number of the state agency

pr~mises at which interested persons may obtain further information, and inspect and copy UIC forms and related documents; and

(9) A brief description of the nature of the hearing, including the rules and procedures to be followed. [Eff. JUL 6, 1984; comp ] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §l4S.3l)

Sll-23-16 Permit issuance. (a) The director shall issue a UIC permit for wells which propose to inject into exempted aquifers on the following basis:




(b) The issuance of a UIC permit for wells which propose to inject into USDW shall be based, in addition to subsection (a) (1) to (3), upon the evaluation of the contamination potential of the local water quality by the injection fluids and the water development potential for public or private consumption. The public shall have an opportunity to present information about these aspects of the proposed project.


23-24

(d) The UIC permit shall not be the injection well owner to any other

§11-23-17

transferable from person.

1 [Eff. JUL 6, 19847 comp (Auth: HRS §340E-2) (Imp: 40 CFR §§144.11, 144.12 and

HRS §§340E-2 and 340E-9, 144.36)

§11-23-17 Existing injection well registration. (a) The application procedures for a UIC permit, as stated in [§11-23-12,] section 11-23-12, shall apply to owners of existing injection well facilities.


(c) The own.er or operat<;>r of any existing injection well or wells shall further, within six months of the effective date of this· chapter, submit to the departm.nt information concerning the construction and operating characteristics of such existing wells as required by section ll-23-13(a) (16) through (22).

. (d) No existing injection well, inc'luding those sited in exempted aquifers, shall be permitted to operate without a UIC permit from the department. The owner of an existing injection.well shall obtain a UIC permit within one year of the effective date of this chapter. The permit shall be issued upon demonstration by the injection well owner that the well's operation does not violate the conditions stated in sections 11-23-lO(a), 11-23-ll(b) and ll-23-16(a) (1).

(e) Wit~in three years from the effective date of this chapter, the state shall assess all existing injection wells to determine their impact on underground sources of drinking water. Subclass A wells shall be issued a permit until such time that a sewage collection system serves the area if they·meet the following provisions:

(1) The application is properly completed7 (2) The injected fluids remain non-polluting to

drinking water sources1 and (3) The existing treatment facility design


23-25

§11-23-17

(f) Existing wells of any subclass, which are determined to be polluting underground sources of drinking water shall have one year from the time of determination to effect corrective actions. If the pollution is not abated, the permit shall not be renewed or shall be suspended or revoked. [Eff. JUL 6, 1984; am and comp ] (Auth: HRS §340E-2) (Imp: HRS §340E~2, 40 CFR SS144.15, 144.26, 144.31, 144.33 and 146.52)


The operator shall also monitor for, and conform to, such limitations on quantity and quality of the injected fluid as is deemed appropriate by the director.

(b) If the operation of the injection well or wells is addi~ionally regulated by other pollution control programs, e.g., National Pollution Discharge Elimination System (NPDES), the adherence to their monitoring and reporting requirements shall be considered a requirement of this chapter.

(c) The owner of any injection well or wells shall within one month report any change in ownership to the director in writing. Until such time as the notice of change in ownership is submitted, the registered owner shall be responsible for the operation of the well or wells and for damages resulting from improper operation of the well or wells. [Eff. JUL 6, 1984; am and comp. 1 (Auth: HRS S340E-2) (Imp: HRS §340E-2, 40 CFR SS144.51 and 144.54)

Sll-23-19 Plugging and abandonment requirements. (a)· Any owner who wishes to abandon an injection well shall submit an application, in accordance with section 11-23-12, containing the details of the proposed abandonment. The department may require an abandoned well to be plugged in a manner which will not allow

23-26

Sll-23-20

detrimental movement of fluids between formations. If required, plugging shall be completed by grouting with the tremie method in accordance with the Honolulu Board of Water Supply's "Water System Standards", dated March, 1977; or· by .some other method found appropriate and acceptable to the depar.tment.

(b) The department may order an injection well to be plugged and abandoned when it no longer performs its intended. purpose, or when it is determined to be a threat to the ground water resource. The owner shall schedule the plugging so that departmental staff may be present to monitor the abandonment operation. [Eff. JUL 6, 1984; comp ] (-Auth: HRS S340E-2) (Imp: HRS S340E-2, 40 CFR SS144.40 and 144.52(a))

Sll-23-20 Revocation, suspension or rev1s1on of UIC permits. (a) Each UIC permit shall be subject to revocation, suspension or revision by the director if, after notice and opportunity for a contested hearing, it is determined that:

(1) There is a violation of any term or condition of the UIC permit; or

(2) The UIC permit was obtained by misrepresentation, or failure to fully disclose all relevant facts; or

(3) . The UIC permit was willfully defaced, a~tered, forged or falsified; or

(4) There is a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted injection; or


(b) In taking any action the director may consider operating records, compliance investigations, or other info.tmat·ion regarding the injection well facility or impact on the USDW aquifer. [Eff. JUL 6, 1984; comp ] (Auth: HRS 340E-2) (Imp: HRS 340E-2 1 40 CFR §145. 31}

23-27

§11-23-21

§11-23-21 Penalties. It shall be a violation of this chapter for any owner or operator of an injection well to construct, operate, maintain or close that well unless authorized by this chapter or by a permit or order to do so. It shall also.be a violation of this chapter for any owner or operator to fail to comply with all of the applicable terms of the authorization, including those relating to inspection, monitoring, [record keeping,] recordkeeping and reporting. Compliance with a corrective order shall not excuse the basic violation. Any person who violates any provision of this chapter shall be subject to the penalties provided in section 340E-8, HRS. Civil penalties shall be recoverable for any program violation in, at least, the amount of $2,500 per day, not to exceed [$5,000] $25,000 per day. Criminal fines shall be recoverable in, at least, the amount of $5,000 per day, not to exceed $25,000 per.daYt against any person who willfully violates any program requirements. [Eff. JUL 6, 1984; am and comp · (Auth: HRS §340E-7) (Imp: HRS S340E-8, 40 CFR §§144.11 and 145.13)

§11-23-22 Severability. If any provision of this chapter or its application to any person or circumstances is held invalid, the application of such provision to other persons or circumstances, and the remainder of this chapter, shall not be affected thereby. 11 [Eff. JUL 6, 1984; comp ] (Auth: HRS S340E-9) (Imp: HRS- S340E-9)

23-28

0 • The Department of Health authorized the adoption

of Chapter 23 of Title 11, Administrative Rules on Underground Injection Control following public hearing held on Lanai on November 7, 1983, on Molokai on November 8, 1983, on Maui on November 9, 1983, on Hawaii on November 14, 1983 in Hilo and on November 15, 1983 in Kona, on Oahu on November 16, 1983, on Kauai on November 17, 1983, after public notice was given in the Maui News on September 21, 1983, in the Hawaii TribuneHerald on September 21, 1983, in West Hawaii Today on September 22, 1983, in the Honolulu Advertiser on September 22, 1983, and in the Garden Isle on September 21, 1983.

Chapter 23 of Title 11, Administrative Rules shall take effect ten days after filing with the Office of the Lieutenant Governor.

OF HEALTH

APPROVED:

GO RNOR S ATE OF HAWAII

Date: C -2-S---F<;C


= 00 .a:_

'-c __. z

JUN 26 1984 r."l

Filed: n .... , """' ,... ......

=' ~ Effective -<

JUf.. Date: 6 198d 0

...!-'-\J1

:--\

C} 0 < ~ ~-0 :;:::)

(/?

0

....-: (} r:;

• NOTICE OF CHANGE

September 25, 1984

• •

The citation of authority for and list of sections implemented by Sll-23-04, Hawaii Administrative Rules, are added to read as follows:

[Eff. July 6, 1984] (Auth: HRS S340E-2) (Imp: HRS S340E-2, 40 CFR §§144.7, 146.4 and 146.52)

0 • • §11-23-22

[Eff. JUL 6, 1984] (Auth: HRS §340E-7) (Imp: HRS §340E-8, 40 CFR §§144.11 and 145.13)

§11-23-22 Severability. If any provision of this chapter or its application to any person or circumstances is held invalid, the application of such provision to other persons or circumstances, and the remainder of this chapter, shall not be affected thereby. [Eff. JUL 6, 1984] (Auth: HRS §340E-9) (Imp: HRS §340E-9)

\

23-23

§11-23-19 • • schedule the plugging so that departmental staff may be present to monitor the abandonment operation. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.40 and 144.52(a))

. §11-23-20 Revocation, suspension or revision of UIC permits. (a) Each UIC permit shall be subject to revocation, suspension or revision by the director if, after notice and opportunity for a contested hearing, it is determined that:

(1) There is a violation of any term or condition of the UIC permit: or

(2) The UIC permit was obtained by misrepresentation, or failure to fully disclose all relevant facts: or

(3) The UIC permit was willfully defaced, altered, forged or falsified: or

(4) There is a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted injection: or


(b) In taking any action the director may consider operating records, compliance investigations, or other information regarding the injection well facility or impact on the USDW aquifer. [Eff. JUL 6, 1984] (Auth: HRS 340E-2) (Imp: HRS 340E-2, 40CFR §145.31)

§11-23-21 Penalties. It shall be a violation of this chapter for any owner or operator of an injection well to construct, operate, maintain or close that well unless authorized by this chapter or by a permit or order to do so. It shall also be a violation of this chapter for any owner or operator to fail to comply with all of the applicable terms of the authorization, including those relating to inspection, monitoring, record keeping, and reporting. Compliance with a corrective order shall not excuse the basic violation. Any person who violates any provision of this chapter shall be subject to the penalties provided in section 340E-8, HRS. Civil penalties shall be recoverable for any program violation in, at least, the amount of $2,500 per day, not to exceed $5,000 per day. Criminal fines shall be recoverable in, at least, the amount of $5,000 per day against any person who willfully violates any program requirements.

23-22

0 0 §11-23-19

(f) Existing wells of any subclass, which are determined to be polluting underground sources of drinking water shall have one year from the time of determination to effect corrective actions. If the pollution is not abated, the permit shall not be renewed or shall be suspended or revoked. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.15, 144.26, 144.31, 144.33 and 146.52)


(b) If the operation of the injection well or wells is additionally regulated by other pollution control programs, e.g., National Pollution Discharge Elimination System (NPDES), the adherence to their monitoring and reporting requirements shall be considered a requirement of this chapter.

(c) The owner of any injection well or wells shall within one month report any change in ownership to the director in writing. Until such time as the notice of change in ownership is submitted, the registered owner shall be responsible for the operation of the well or wells and for damages resulting from improper operation of the well or wells. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) {Imp: HRS §340E-2, 40 CFR §§144.51 and 144.54)

§11-23-19 Plugging and abandonment requirements. (a) Any owner who wishes to abandon an.injection well shall submit an application, in accordance with section 11-23-12, containing the details of the proposed abandonment. The department may require an abandoned well to be plugged in a manner which will not allow detrimental movement of fluids between formations. If required, plugging shall be completed by grouting with the tremie method in accordance with the Honolulu Board of Water Supply's "Water System Standards", dated March, 1977; or by some other method found appropriate and acceptable to the department.

{b) The department may order an injection well to be plugged and abandoned when it no longer performs its intended purpose, or when it is determined to be a threat to the ground water resource. The owner shall

23-21

Sll-23-16 • • potential for public or private consumption. The public shall have an opportunity to present information about these aspects of the proposed project.


(d) The UIC permit shall not be transferable from the injection well owner to any other person. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §§340E-2 and 340E-9, 40 CFR §§144.11, 144.12 and 144.36)

§11-23-17 Existing injection well registration. (a) The application procedures for a UIC permit, as stated in §11-23-12, shall apply to owners of existing injection well facilities.


(c) The owner or operator of any existing injection well or wells shall further, within six months of the effective date of this chapter, submit to the department information concerning the construction and operating characteristics of such existing wells as required by section ll-23-13(a) (16) through (22).

(d) No existing injection well, including those sited in exempted aquifers, shall be permitted to operate without a UIC permit from the department. The owner of an existing injection well shall obtain a UIC permit within one year of the effective date of this chapter. The permit shall be issued upon demonstration by the injection well owner that the well's operation does not violate the conditions stated in sections 11-23-10 (a), 11-23-11 (b) and 11-23-16 (a) (1).

(e) Within three years from the effective date of this chapter, the state shall assess all existing injection wells to determine their impact on underground sources of drinking water. Subclass A wells shall be issued a·permit until such time that a sewage collection system serves the area if they meet the following provisions:

(1) The application is properly completed; (2) The injected fluids remain non-polluting to

drinking water sources; and (3) The existing treatment facility design


23-20

0 • §11-23-16

(d) The public notice of any hearing held pursuant to this section shall include at least the following information:

(1) Name, address and phone number of agency holding the public hearing;

(2) Name and address of each UIC applicant whose application will be considered at the hearing;

(3) Name of USDW area where injection is proposed and a short description of the underground source of drinking water aquifer;

(4) A brief reference to the public notice issued for each UIC application being considered, including identification number and date of issuance;

(5) Information regarding the time and location of the hearing;

(6) The purpose of the hearing; (7) A concise statement of the issues raised by

the persons requesting the hearing; (8) Address and phone number of the state agency

premises at which interested persons may obtain further information, and inspect and copy UIC forms and related documents; and

(9) A brief description of the nature of the hearing, including the rules and procedures to be followed. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §145.31)

§11-23-16 Permit issuance. (a) The director shall issue a UIC permit for wells which propose to inject into exempted aquifers on the following basis:




(b) The issuance of a UIC permit for wells which propose to inject into USDW shall be based, in addition to subsection (a) (1) to (3), upon the evaluation of the contamination potential of the local water quality by the injection fluids and the water development

23-19

§11-23-14 • • utilize the injection wells described in the UIC application;

(4) A brief description of the procedures for the formulation of final determinations, including the thirty-day comment period required by subsection (b) and any other means by which interested persons may influence or comment upon those determinations; and

(5) Address and phone number of the state agency premises at which interested persons may obtain further information; and may inspect and copy UIC forms and related documents. [Eff. JUL 6, 19841 (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §145.31)

§11-23-15 Public hearings. (a) An applicant or any interested person or group of persons may request or petition the department for a public hearing with respect to UIC applications which have been publicly noticed pursuant to section 11-23-14. Within thirty days of the publication date of the public notice in the major daily newspapers, an applicant or any interested person or persons may request or petition for a public hearing, and shall indicate the interest of the party filing the request and their reason or reasons why a hearing is warranted.

(b) A hearing may be held if the director determines that there is significant public interest. Any hearing brought pursuant to this section shall be held in the geographical area of the proposed injection or other appropriate area, at the discretion of the director, and may, as appropriate with respect to geographic area, consider more than one UIC permit application.

(c) The public shall be given public notice of any hearing held pursuant to this section. The notice for the hearing shall include at least the following:

(1) Notice shall be published at least once in a newspaper of general circulation within the geographical area of the injection site;

(2) Notice shall be sent to all persons who received a copy of the notice for the UIC permit application;


(4) Notice shall be· issued at least thirty days in advance of the hearing.

23-18

• 0 §11-23-14

authorization to operate shall be issued until the information is provided. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §§340E-2 and 340E-9, 40 CFR §§144.25, 144.26 and 144.33)

§11-23-14 Public notice of proposed wells injecting into USDW. (a) The director shall notify the public of every application for a well proposing to inject into an underground source of drinking water in a manner designed to inform interested and potentially interested persons. Public notice procedures shall include at least the following:

(1) Notice shall be circulated within the geographical area in which the proposed injection is located. The circulation shall, at the discretion of the director, include either or both of the following: (A) Posting in the post office and public

places of the municipality nearest the premises of the applicant in which the injection well facility is located; and

(B) Publishing in local newspapers and periodicals or in a daily newspaper of general circulation.


(3) The director shall add to a mailing list the name of any person or group who requests copies of notices for all UIC applications which propose the use of a USDW for injeqtion purposes within the State or a certain geographical area.



(1) Name, address and phone number of the agency issuing the public notice;

(2) Name and address of each applicant; (3) Brief description of each applicant's

activities or operations which intend to

23-17

• • §11-23-13

(9) Nature and source of injected fluid; (10) Proposed design capacity and operating volume




emergency standby or monitoring wells, if any, and system blueprints;

(14) Details of proposed injection testing, the duration of which shall be for not less than twelve hours, and preferably for twenty-four· hours; and

(15) For injection wells sited mauka of the UIC Line, water quality data, including, at a minimum, values for chloride, total dissolved solids, and coliform, from several of the nearest water supply wells.


(17) Well log maintained by a geologist, including: · (A) Lithology of injection interval or

intervals and confining formation or formations;

(B) Physical and structural characteristics of the formations encountered;


(D) Tidal fluctuations and efficiency. (18) Elevation section, as found on the ·

application form, showing exact final dimensions for each of the injection wells and materials used in construction:

(19) Complete results of injection testing, including maximum capacity;

(20) Water quality data, if required; (21) Nature and source of formation water; (22) Description of operating plans, including

identification of legal operator, maximum and average volumes of injected fluids, number of hours per day of use, and degree and type of treatment, if any.

(b) When the application is for a proposed injection well, the applicant shall submit the information required under section ll-23-13(a) (16) to (22) upon completion of the injection well. No

23-16

0 • (2) Are operated by the same person~ (3) Are similarly designed; (4) Serve the same purpose; and

§11-23-13

(5) Inject into the same aquifer or injection zone at the same property.

(d) All applications shall be submitted with a filing fee of $100 for each application. Any government agency shall be exempt from paying this filing fee. Additionally, when public notice is required, as provided in section 11-23-14, the applicant shall pay all fees assessed for publishing legal notice or notices for each application requiring public notice. If a public hearing is required, as provided in section 11-23-15, the applicant shall pay all fees assessed for publishing legal notice or notices for each application requiring such notice.

(e) The department shall not consider any incomplete application. An application is deemed complete when:

(1) All requested information has be~n submitted, including the application form, plans, maps and other exhibits;

(2) All fees have been paid; and (3) All public notice and hearing requirements

under sections 11-23-14 and 11-23-15 have been satisfied. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.24 and 144.33)

§11-23-13 Submission of data. (a) Each applicant shall provide the following:

(1) Facility name; {2) Facility location, including street address

ahd zipcode; (3) Tax map key (TMK) number and map at the most

detailed scale available, showing proposed injection well or wells location on the property, the correct scale and north arrow~

(4) USGS topographic quadrangle map or good copy (scale 1:24,000) indicating the location of the proposed injection well or wells, and all other injection and withdrawal wells within one-quarter mile of the facility boundary;

(5) Ownership of facility; (6) Name and address of lessor, if applicant is a

lessee, and written consent of the property owner;

(7) Name and address of legal contact; (8) Name of proposed operator~

23-15

• • §11-23-11

cause a violation of any primary drinking water rule or may otherwise adversely affect the health of one or more persons.

(c) All injection wells shall be operated in such a manner that they do not violate any of the department's administrative rules under title 11, Administrative Rules, regulating various aspects of water quality and pollution, and chapter 342, HRS. The rules include:

(1) Chapter 11-20, "Potable Water Systems"~ (2) Chapter 11-57, "Private Wastewater Treatment

Works and Individual Wastewater Systems"~ and (3) Chapter 11-55, "Water Pollution Control". (d) If at any time the department learns that an

injection well ~ay cause a violation of primary drinking water rules, the department shall order the injector to take such actions as may be necessary to prevent the violation, including, where required, cessation of operation of the injection well.

(e) Notwithstanding any other provision of this section, the department shall issue a cease and desist order, effective immediately, upon receipt of information that a contaminant which is present in, or likely to enter, a system supplying water for human consumption, poses an imminent and substantial danger to the health of a person or persons. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §§340E-2 and 340E-4, 40 CFR §§144.11, 144.12, 144.24, 144.25, 144.31, 144.40 and 146.52)

§11-23-12 Application procedures for UIC permit. (a) No person shall operate, modify or abandon an injection well or wells without first obtaining a UIC permit from the department. Further, no person shall start construction of an injection well without first applying for a permit and obtaining the department's approval for the start of construction.

(b) All permit applications shall be made by the injection well owner on authorized departmental forms which shall be available at department offices. In the case of leasehold land, the applicant shall submit written proof of the consent of the land owner. In the case of a modification, the legal operator, with the written consent of the owner, may submit the application.


(1) Are owned by the same person~

23-14

0 • §11-23-11

from logs of borings in the vicinity. If, however, artesian aquifer conditions are encountered, the applicant shall have the options as set forth in subsection (f). The following is a table showing the depths needed to achieve the 1:2 ratio:

Proposed depth of injection well: 10 15 20 25 30 40 50 60 70 80 90 100

Minimum depth of caprock:

70 80 90 100 110 130 150 170 190 210 230 250

(d) If the ratio of the depth of the proposed injection well, to the estimated depth of caprock less fifty feet, is greater than 1:2, the applicant shall have the depth ~f the injection well temporarily extended by fifty feet to verify that artesian aquifer conditions are not encountered within that range. The fifty feet of extended hole shall be properly sealed by the tremie meth'od, with a cement slurry that contains no more than five gallons of water per ninety-four pound sack of cement.

(e) Where a test well is planned for either a single injection well or a multiple well field, the depth of the test well shall be extended fifty feet into confining materials beyond the proposed depth of the deepest well. If the test well is intended to be operational, the lower fifty feet shall be properly sealed as detailed in subsection (d).

(f) Where artesian aquifer conditions are unexpectedly encountered, the applicant may choose to:

(1) Abandon and properly seal the injection well with neat cement and request approval for a new location; or

(2) Modify the depth of the injection well or wells so that it conforms with subsection (a) (1). [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.11 and 144.12)

§11-23-11 Operating conditions. (a) No injection well shall be operated, modified or otherwise utilized without a UIC permit issued by the department.

(b) No person shall construct, operate, maintain, convert, plug, abandon or conduct any other injection activity in a manner which allows the movement of fluid containing a contaminant into underground sources of drinking water, if the presence of that contaminant may

23-13

• • §11-23-09

departmental staff may observe the remedial operations. The final responsibility for remedial design, implementation and performance shall rest with the consulting engineer.

(g) Departmental staff shall have the right to enter property during normal working hours, without advance notification, for the purpose of observing injection well construction methods and progress. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §§340E-2 and 340E-9, 40 CFR §§144.12, 144.51 and 146.6)

§11-23-10 Provision for artesian aquifer protection. (a) Where an injection well is located in a caprock formation which overlies volcanic USDW under artesian pressure, the following conditions shall be applied:

(1) A buffer zone of at least fifty feet of the confining materials (caprock) or other impermeable substance, shall remain between the bottom of the injection well and the top of the volcanic aquifer, and

(2) Injection pressure, as measured at the feed elevation or well head, shall remain below the hydrostatic pressure of the volcanic aquifer (the artesian head) or two p.s.i.,


(1)

whichever is greater. The locations of artesian aquifer areas are generally. The major areas, which have an caprock formation, include: The southern coastal plains of Oahu, from Kahe Pt. (West Beach) to Wailea Pt. (Lanikai);

(2) The windward (eastern) coastal plains of Oahu, from Makalii Pt. (Punaluu) to Waialee;

(3) The northern coastal plains of Oahu, from Haleiwa. to Mokuleia; and



(c) If the rati6 of the depth of the proposed injection well, to the estimated depth of caprock less fifty feet, is 1:2 or less, the applicant need not extend the depth of the injection well or wells in order to verify caprock thickness, prior to completion at the shallower proposed depth. The department shall estimate the depth of caprock by comparing lithology

23-12

0 • §11-23-09

subsection (a) , the department of health shall require the applicant to submit water quality data representative of local conditions as part of the application. Where water quality data is lacking or insufficient to determine the areal water quality, the department may require the applicant to collect representative water samples from the injection well during construction. The samples shall be collected and analyzed, in accordance with standards and methods established in chapter 11-20, entitled "Potable Water Systems". The parameters for which values shall be identified are, at least, the following:

(1) Chloride concentration, (2) Total dissolved solids (TDS), and (3) Coliform - Total; if found, then fecal and

streptococcus determinations. (d) The variety of injection wells and their uses


(e) Vertical migration resulting in undesirable mixing of fluids from aquifers of substantially different water quality (due to improper well construction or use of an injection well) shall be prevented by preserving the integrity of the confining zone or zones by grouting or some other method acceptable to the department.

(f) If a large void, such as a lava· tube or solution cavity, is encountered during drilling, where the drill rod drops more than three feet, measures shall be taken to prevent unacceptable migration of the injected fluids. The owner shall either verify that the void does not slope inland or construct the well in such a manner that wastes are not injected directly into the void. For the first option, a test boring which verifies the void's inclination inland of the wellsite shall be drilled. For the second option, the section of the well casing which passes through the void shall be without openings. Either the perforated casing shall be replaced with solid casing, or the holes in the casing shall be sealed by grouting or in some other manner approved by the department. The owner shall notify the department to arrange discussion and approval of any corrective actions. Scheduling of the procedures shall be arranged so that the

23-11

• • §11-23-08

§11-23-08 Construction conditions. (a) No injection well shall be constructed unless, prior to the start of any construction:

(1) Application is made for a UIC permit and all application procedures set forth in se~tions 11-23-12 through 11-23-15 are completed;

(2) It is shown that the proposed injection well will comply with this chapter; and

(3) The department, upon satisfaction of the requirements set forth in (a) (1) and (a) (2) of this section, approves the start of construction.

(b) Approval of the start of the construction of any injection well shall not be construed as approval for the operation of that injection well. Further, the approval of the start of construction does not guarantee the approval to operate upon completion of the injection well. Permits shall be issued only in accordance with this chapter and it is the duty of the applicant to insure compliance with the law and this chapter. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2)

§11-23-09 Siting and pre-construction requirements. (a) Any new injection well shall be sited beyond an area which extends at least one-quarter mile from any part of a drinking water source. This includes not only the surface expression of the water supply well, tunnel or spring, but also all portions of the subsurface collection system which may extend laterally, either at right or inclined angles to the ground surface. The area of protection shall be delineated by a reasonably smooth curve drawn to connect the points extending one-quarter mile beyond the most extensive portions of the drinking water source and its collection system.

(b) Where the surface expression of an existing drinking water source drawing from an artesian aquifer is located in an exempted caprock aquifer, a new injection well shall be located, in addition to subsection (a), outside an area measuring one-half mile wide, which is bisected by a line running hydrologically upgradient from the surface expression of the drinking water source to the UIC boundary line. This condition also applies to any future drinking water source which may be sited in an exempted aquifer.

(c) For a proposed subclass B injection well which is sited mauka of the UIC boundary line, in addition to meeting the minimum distance requirement of

23-10

0 • §11-23-07

formation, including non-exempted aquifers (USDW). Subclass B wells include:, (A) Air conditioning return flow wells used

to return the water used for heating or cooling in a heat pump:

(B) Cooling water return flow wells used to inject water previously used for cooling:

(C) Drainage wells used to inject (often by gravity flow) surface fluids, primarily storm runoff:

(D) Recharge wells used to replenish, augment, or store water in an aquifer:

(E) Salt water intrusion barrier wells, used to prevent the intrusion of salt water into fresh water, if they inject water of eq~al or lesser chloride concentration as that portion of the aquifer into which injected:

(F) Wells used in aquaculture, if the water in the receiving formation has, either: (i) An equal or greater chloride



(G) Injection wells used in an experimental technology, which is one that has not been proven feasible under the conditions in which it is being tested: and

(H) All wells not included in subclasses A or AB of class V or in classes I through IV. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.6 and 146.5)

§11-23-07 Prohibition. (a) Without exception, any injection wells not defined by class V in section 11-23-06 shall not be permitted to be constructed, operated or to exist in the state. Class V injection wells shall be permitted to be constructed, modified and operated to the extent provided by, and subject to, the requirements of this chapter.

(b) No new subclass A or AB well shall be constructed or operated in a non-exempted aquifer after the effective date of this chapter. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.11, 144.12, 144.24 and 146.52)

23-9

• • §11-23-06


connection with conventional oil or natural gas production and may be cornmingled with waste waters from gas plants which are an integral part of production operations, unless those waters are classified as a haza~dous 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.



(C) Solution mining of salts or potash. (4) Class IV. 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 any geohydrologic formation, even if exempted.


(1) Subclass A. Injection wells which inject fluids into an underground source of drinking water. Subclass A wells include: (A) Sewage injection wells; and (B) Industrial disposal wells other than


(2) Subclass AB. Injection wells which inject only into exempted aquifers. Subclass AB wells include: (A) Sewage injection wells; and (B) Industrial disposal wells, other than

those classified under subclass B, such as brine disposal wells used in a desalinization process.

(3) Subclass B. Injection wells which inject non-polluting fluids into any geohydrologic

23-8

0 0 §11-23-06



(2) Where the volcanic formation is an artesian aquifer, from the subaerial ground surface down to fifty feet above the contact between the artesian volcanic aquifer and the



(c) In areas where the UIC Line is defined by a roadway, a setback of one lot or one hundred fifty feet, whichever is less, from the mauka property line of that roadway may be considered to be within the exempted area. If the roadway is within a property, the setback shall extend to the mauka property line or to one hundred fifty feet from the mauka edge of said roadway, whichever is less. This interpretation of the UIC line shall be subject to all other conditions of this chapter. The applicant, on the permit application, shall request this interpretation, approval of which shall be based on the proximity and sensitivity of drinking water sources. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144. 7 and 146.4)

§11-23-06 Classification of injection (a) The department shall classify existing proposed injection wells in accordance with classes of wells described in this section. classes I through IV are prohibited and are

wells. and the five Wells in

defined as follows:

(1) Class I. Wells which inject fluids beneath the lowermost formation containing, within one quarter mile of the well bore, an underground source of drinking water and which are used by: (A) Generators of hazardous waste or owners

or operators of hazardous waste management facilities; and


23-7

§11-23-03 • • The publications referred to or incorporated by

reference in this chapter are available from the offices of the department of health. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.3 and 146.3)

§11-23-04 Classification of exempted aquifers and underground sources of drinking water. (a) Upon request, and with concurrence of the director, the department shall review the aquifer designations. The aquifer designations shall be reviewed at ieast every three years. In its review, the department may amend the status of an aquifer in accordance with chapter 91, HRS. The criteria for exempting aquifers from underground source of drinking water (USDW) status is as follows:

(1) The aquifer does not currently serve as a source of drinking water; and

(2) The aquifer cannot now and will not in the future serve as a source of drinking water because of any of the following criteria: (A) It is situated at a depth or location

which currently makes recovery of water for drinking water purposes economically or technologically impractical; or


(C) The total dissolved solids (TDS) concentration of the ground water is more than five thousand mg/L, and it is not. reasonably expected to supply a public or private drinking water system.

(b) The UIC maps shall indicate exempted aquifers and USDW, in plan view, by use of a UIC Line, and such maps are an integral part of this chapter. The department's UIC maps shall be the final authority for the identification of the aquifer boundaries on the land surface. Copies of the maps and this chapter are available for examination at an office of the department's environmental protection and health services division, the district health offices and other department offices on each island.

(c) Unless expressly exempted, all aquifers are considered to be USDW.

23-6

• §11-23-03

potability, mineral content, turbidity, color or odor of USDW are adversely affected; or

(B) To discharge any liquid, gaseous, solid, radioactive, or other substances, into any state waters as will or is likely to create a nuisance or render such waters unreasonably harmful, detrimental or injurious to public health, safety or welfare, including harm, detriment, or injury to public or private drinking water supplies.

"Sewage" .means waste from all plumbing fixtures in residences, institutions, public and private buildings, and other places of human habitation, employment or recreation, whether treated or not by public or private sewage treatment plants.

"State" means state of Hawaii. "UIC" means the underground injection control

program under Part C of the Safe Drinking Water Act (P.L. 93-523) and chapter 340E, HRS.

"UIC Line" or "the Line" means the line on the department of health UIC maps which separates, in plan view, exempted aquifers and USDW.


(1) Which supplies any public or private drinking water system; or contains a sufficient quantity of ground water to supply a public water system; and (A) Currently supplies drinking water for


milligrams per liter (mg/L) total dissolved solids (TDS) ; and

(2} Which is not an exempted aquifer. "Volcanic" means material originating from a



"Waste disposal system" means an excavation in the ground receiving wastes which functions by allowing fluids to seep through its bottom, sides or both, including cesspools, septic tanks, and seepage pits.

"Well" means a bored, drilled or driven shaft, or a dug hole, whose depth is greater than its widest surface dimension.

23-5

• • §11-23-03

(CFR), Title 40-Protection of Environment, section 261.3 dated July 1, 1981. A hazardous waste may be categorized as such on the basis of its chemical content, toxicity, or whether it is corrosive, ignitable or reactive. The following is a partial list of some wastes which are excluded from the "hazardous waste" classification:



(3) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of geothermal energy.

"HRS" means Hawaii Revised Statutes. "Individual Wastewater System (IWS)" means the

facility which disposes of treated or untreated domestic wastewater generated from a room or group of rooms forming a single habitable unit, including, but not limited to, cesspools, septic tanks and household aerobic units.


"Inject" means to dispose or emplace fluids, either under pressure or by gravity flow, into a subsurface formation or formations.

"Injection well" means a well into which subsurface disposal of fluid or fluids occurs or is intended to occur by means of injection.


"Mauka" means toward the mountains or the encircled protected aquifer.


"Person" means any individual, partnership, firm, association, public or private corporation, trust estate, the federal, state or county governments or any of their agencies, or any other legal entity.

"Pollute" means:. (A) To alter the physical, chemical, biological

or radiological properties of any state waters, such that the temperature, taste,

23-4

0 • §11-23-03

deposited over a formation or formations of volcanic or1g1n. Caprock is substantially less permeable than volcanic formations, and is considered a "confining material".


"Contaminant" means any substance or matter which causes, directly or indirectly, a detrimental physical, chemical, biological or radiological change in the existing water quality; used interchangeably with "pollutant".

"Department" means the department of health, state of Hawaii.

"Director" means the director of health or a duly authorized representative.

"Disposal well" means a well used for the disposal or emplacement of fluid or fluids, either by gravity flow or under pressure, into subsurface strata; often used interchangeably with "injection well".

"Exempted aquifer" means an aquifer or a portion thereof that is exempted from being used as an USDW by the director.

"Existing well" means a well which is in operation or has received official sanction from all of the necessary agencies, before the effective date of this chapter.


"Formation" means a body of rock characterized by a degree of lithologic homogeneity or similarity which is prevailingly, but not necessarily, tabular and is mappable on the earth's surface or traceable in the subsurface.

"Geologist" means a person with a bachelors or higher degree in geologic sciences from an accredited college or university and a minimum of one year experience in well logging and testing.


"Grouting" means the operation whereby a cement slurry is forced behind the casing for such purposes as: sealing the casing to the walls of the hole, preventing undesirable leakage of fluids out of the hole, and preventing migration of liquids or gases into the hole; or is pumped into a drill hole or well for plugging and abandonment.

"Hazardous waste" means a hazardous waste as defined extensively in Code of Federal Regulations

23-3

• • §11-23-01

§11-23-01 Purpose. The purpose of this chapter is to establish a state underground injection control (UIC) Program in order to protect the quality of the state's underground sources of drinking water (USDW) from pollution by subsurface disposal of fluids. Toward this end, conditions are specified to govern the location, construction and operation of injection wells so that injected fluids do not migrate and pollute USDW. This chapter establishes minimum standards and counties are not precluded from establishing more stringent standards. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §144.1)

§11-23-02 Scope. This chapter covers any injection well as herein defined in this chapter. Excluded from this chapter are:

(1) Individual wastewater systems (IWS) serving single family residential households which generate a volume of domestic sewage less than that cited in chapter 11-57, entitled "Private Wastewater Treatment Works and Individual Wastewater Systems", e.g., eight hundred gallons per day (gpd) ; and

(2) Non-residential waste disposal systems which receive solely sanitary wastes where the facility generates less than one thousand gpd. [Eff. JUL 6, 1984] (Auth: HRS §340E-2) (Imp: HRS §340E-2, 40 CFR §§144.l(e), 146.1 and 146.5)

§11-23-03 Definitions. As used in this chapter: "Abandon" means to permanently discontinue usage;


"Artesian" means a hydrologic condition whereby groundwater is confined, under pressure greater than atmospheric, by overlying, relatively impermeable strata. Because of hydrostatic pressure, the piezometric surface of an artesian aquifer rises above the bottom of the (upper) confining bed.

"Aquifer" means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well, tunnel or spring.

"Caprock" means a geological formation or formations composed of terrigenous or marine sediments

23-2

...!,.-'-' .

'·:·.r·'

§11-23-01 §11-23-02 §11-23-03 §11-23-04

§11-23-05

§11-23-06 §11-23-07 §11-23-08 §11-23-09

§11-23-10

§11-23-11 §11-23-12

§11-23-13 §11-23-14

§11-23-15 §11-23-16 §11-23-17

§11-23-18

§11-23-19

§11-23-20

§11-23-21 §11-23-22

0 0 TITLE 11

DEPARTMENT OF HEALTH CHAPTER 23

UNDERGROUND INJECTION CONTROL

Purpose Scope Definitions Classification of exempted aquifers and underground sources of drinking water Identification of exempted aquifers and USDW Classification of injection wells Prohibition • Construction conditions Siting and pre-construction requirements Provision for artesian aquifer protection Operating conditions Application procedures for UIC permit Submission of data Public notice of proposed wells injecting into USDW Public hearings Permit issuance Existing injection well registration Monitoring and reporting requirements Plugging and abandonment requirements Revocation, suspension or revision of UIC permits Penalties Severability

• ... • Page - 2 -Dept. of Land and Natural Resources August 11, 1986

I would request that the DLNR representative Petition contact me on Thursday, 14 August 1986, expected briefing meeting.

Thank you for your consideration of this matter.

• designated to

at 707/576-7232

Yours very truly,

JLI/ma JLI076

cc Mayor Dante Carpenter

J. L. lovenitti Senior Geologist

Director, Hawaii State Department of Health W. L. D'Olier R. A. Patterson M. A. Richard HA-PU-DB-06 HA-PU-GR-13

review about

this this

• • '' f: ,_:·~.PDiamond Shamrock

8,, l.t;~ 13 "~ 5~hermal Power Company

,...., .. ~.., 1- ( ' ;;· I I f t•· 1' • ' - '"·' ,_ I "' C: t...J

88 1\UG 13 All: 2B

Department of Land and Natural Resources State of Hawaii Kalanimaku Building 1151 Punchbowl Street Honolulu, Hawaii 96813

Attention: Mr. S. Ono, Director

Gentlemen:

Re: Thermal Power Company's Petition to Modify UIC Line in Puna, Hawaii, Hawaii

Mr. D. Fraim of the Hawaii State Department of Health (HDOH) has informed me that a copy of the above-referenced Petition has been sent to the Department of Land and Natural Resources (DLNR) for review. Thermal Power Company (Thermal) requests that a briefing meeting be held with the DLNR during the week of 18 August in Thermal's Honolulu office. The Hawaii State Department of Planning and Economic Development, United States Geological Survey (USGS): Water Resources Division in Honolulu, Water Resources Research Center and HDOH will also be invited to attend.

A briefing meeting of this type has taken place on 30 July 1986 with Hawaii County Department of Water Supply and Planning Department. A HDOH representative, based in Hilo, was also present. On 9 June 1986 a meeting was held with the USGS Water Resources Division in Menlo Park, California to discuss the technical aspects of the Petition. This meeting was requested by Mr. Paul Eyre of the Water Resources Division in Honolulu to assist USGS intended studies of the hydrology of Kilauea Volcano.

Early review and approval of our Petition will be important not only to facilitate the Puna Geothermal Venture's planned 25 MW geothermal power project but also to render State UIC regulations consistent with the new technical analysis results.

We have also contacted briefing meeting with review this Petition.

Thermal Power Company

Mayor Carpenter of Hawaii County and suggested a the Technical Committee expected to be established to

A subsidiary of Diamond Shamrock, 3333 Mendocino Avenue, Suite 120, Santa Rosa, California 95401 Phone 707 576·7022

... • Page - 2 -Dept. of Land and Natural Resources August 11, 1986

I would request that the DLNR representative Petition contact me on Thursday, 14 August 1986, expected briefing meeting.

Thank you for your consideration of this matter.

• designated to

at 707/576-7232

Yours very truly,

JLI/ma JLI076

cc Mayor Dante Carpenter

J. L. Iovenitti Senior Geologist

Director, Hawaii State Department of Health 'W. L. D'Olier R. A. Patterson M. A. Richard HA-PU-DB-06 HA-PU-GR-13

review about

this this

• • R~fiiamond Shamrock et ~~~~ Thermal Power Company o6 ~~UG ~~ ~t:, 09 86 AUG 13 All: 28

August 1!·•,-· 19~6 . •J. r.·· • ·~.· L,., ~~~-... N ' . - ' • Vr 1-lllt/

t~ ~ 1 Ur~'/{L hLSOURCES STATE OF HAWAII

Department of Land and Natural State of Hawaii

Resources

Kalanimaku Building 1151 Punchbowl Street Honolulu, Hawaii 96813

Attention: Mr. S. Ono, Director

Gentlemen:

Re: Thermal Power Company's Petition to Modify UIC Line in Puna, Hawaii, Hawaii

/

Mr. D. Fraim of the Hawaii State Department of Health (HDOH) has informed me that a copy of the above-referenced Petition has been sent to the Department of Land and Natural Resources (DLNR) for review. Thermal Power Company (Thermal) requests that a briefing meeting be held with the DLNR during the week of 18 August in Thermal's Honolulu office. The Hawaii State Department of Planning and Economic Development, United States Geological Survey (USGS): Water Resources Division in Honolulu, Water Resources Research Center and HDOH will also be invited to attend.

A briefing meeting of this type has taken place on 30 July 1986 with Hawaii County Department of Water Supply and Planning Department. A HDOH representative, based in Hilo, was also present. On 9 June 1986 a meeting was held with the USGS Water Resources Division in Menlo Park, California to discuss the technical aspects of the Petition. This meeting was requested by Mr. Paul Eyre of the Water Resources Division in Honolulu to assist USGS intended studies of the hydrology of Kilauea Volcano.

Early review and approval of our Petition will be important not only to facilitate the Puna Geothermal Venture's planned 25 MW geothermal power project but also to render State UIC regulations consistent with the new technical analysis results.

We have also contacted briefing meeting with review this Petition.

Thermal Power Company

Mayor Carpenter of Hawaii County and suggested a the Technical Committee expected to be established to

A subsidiary of Diamond Shamrock, 3333 Mendocino Avenue, Suite 120, Santa Rosa, California 95401 Phone 707 576-7022

FRO.M (SHIPPER) SENT BY: ! ., .......

PLEASE USE FULL ADDRESSES NO. P.O. BOX

,~:,

~30366243

Ill~ I~ 1111111111111111111111 ~ 111111111111111111 I II A 3 0 3 b b 2 3

~cC:[!<f;'i~l[ 1N·i;tural State of Hawaii 1151 PUNCHBOWL St. iionolulu, l~.&waii .

ZIP CODE

96813 OF CONTENTS (IF INTERNATIONAL SMALL PARCEL SERVICE PLEASE ATIACH COMMERCIAL INVOICES ON

COMPANY LETIERHEAD)

CONSIGNEE

DUTY

0 OTHER

0

INSUR 30366243 INSURANCE: DO YOU REQUIRE INSURANCE COVERAGE?

YES

NO

o INSURED AMOUNT*

0 *NOT TO EXCEED $10,000 OR EQUIVALENT 0

.AM PM

• • DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII

25 AUPUNI STREET HILO, HAWAII 96720

August 27, 1986

TO: Mayor Dante K. Carpenter

FROM: H. William Sewake, Manager

SUBJECT: PETITION TO MODIFY UNDERGROUND INJECTION CONTROL (U.I.C.) LINE THER~1AL POWER CO. , INC.

Our existing Kapoho Shaft is our sole source of drinking water for the Kapoho Water System.

If the petition is approved to modify the U.I.C. Line, then our Department or the County of Hawaii would be held accountable or liable should there be any degradation to this valuable water source.

Should Thermal Power Co., Inc., persist with their petition, we will have to insist that they provide us an alternate source of drinking water. A water supply pipeline from our Pahoa Water System to tie into the Kapoho Water System is a viable alternative. Approximately five (5) miles of pipeline together with reservoirs will be required.

Your support of our concern will be appreciated •

. tc-Ltlt~_a.~~ lt<fi-tt_f~ H. William Sewake Manager

GK

cc - Department of Health (Oahu Office) ~ision of Water and Land Development

.•. Wafer bring~ progre&& • ••

r--- .. -

c:..· r

;- ~:: .. r =~-

.r-·-:;

\ .

• DOHUIC

The Honorable S. Matsubara Director Department of P.O. Box 3378 Honolulu, Hawaii 96 01

Dear Mr. Matsubara:

Subject: Petition by Thermal Power Co. to Modify the Underground Inject'on Control (UIC) Line in Puna, Hawaii

The Department of L nd and Natural Resources has provided the following comments in to Thermal Power Co.'s petition and attached geo

1. areas and a

2. on the groundwater as stated in the repo t does no pr elude the current or future use of wells 9, 9- , and G W-IV found in the mixed water area .. ub Jquent stu and exploration of this mixed water z ne may result in the discovery and potential deve opment of a f ture water resource.

3. For the above re sons and the rotection of Well 9, it is recommended t t the propos d amendment to the UIC line be modified. The shape of he exempted aquifer should be reduced n size and li ited to the immediate area of the existin wells and sH uld not extend beyond Well 9-6 in ~ .e northweste ly direction. The -proposed exempted aq ifer should b modified so that injection wells north and west of 11 9 do not endanger the quality o underground the area.

4 Should there be a degradation of the xisting water resource (Kapoho Shaft) due to injecti n of gases or fluids into the exempted aquifer, the responsibility of providing an alternate source of dri king water should rest solely with the petitioner. Therefore, Thermal Power Co. should be made account ble for replacing the well if any degradation sho ld occur.

5. It is further recomm:ended be installed and located east and makai of th exempted aquifer inorder to conduct monitoring activ ties, inspections and periodic samplings to insure the protection of existing or potential water re ources in the area.

Our Department has no objections to the proposed modification of the existing UIC line subject to the conditions outlined above. However, the location of the exempted aquifer shall be dependent upon the County of Hawaii and their final decision as to whether the proposed area will be developed as a source of drinking water in the future.

Thank you for the opportunity to comment on the petition and should you have any further questions, please contact ~ Manabu Tagomori at 548-7533.

~ . . ' . • • APPENDIX "C"

Sll-23-05 Identification of exemoted aguifers anq USDW. (a) The department has designated the following formations as exempted portions of aquifers: in the horizontal dimension, lands which are makai of the UIC Line; and in the vertical dimension:

(l) Where the volcanic forrnation·is a non-artesian·aquifer1 .the entire geologic column;· or - · -

(2) Where the volcanic formation is en artesian aquifer, from the subaerial ground surface down to fifty feet above the contact between the artesian volcanic aquifer and the



(c) In areas where the UIC Line is defined by a roadway, a setback of one lot or one hundred fifty feet, whichever is less, from the mauka property line of that roadway may be considered to be within the exempted area. If the roadway is within a property, the setback shall extend to the mauka property line or to one hundred fifty feet from the rnauka edge of said roadway, whichever is less. This interpretation of the UIC line shall be subject to all other conditions of this chapter. The applicant, on the permit application, shall request this interpretation, approval of which shall be based on the proxirnity,and sensitivity of drinking water sources. [Eff •. JUL 6, 1984 ] (Auth: HRS 5340E-2) (Imp: HRS S340E-2, 40 CFR §§144. 7 and 146.4)

. -' ' ~ 0 0 APPENDIX "B"

Sll-23-04 Classification of exemoted aquifers and underground sources of drinkipq water. (a) Upon request, and with concurrence of the director, the department shall review the aquifer designations. The aquifer designations shall be reviewed at least every three years. In its review, the department may amend the status of an aquifer in accordance.with chapter 91, HRS. The ·cri ter1a 'for·, exempt1n~( aquifers. from underground· source· of·· drinking· water- ·cusow) · .. status is as follows: · ·

(1) The aquifer does~not-currently···serve···as a source-~of ··drinking·· water; and

(2) The aauifer-·cannot -now-- and,. will- not---in the futur~···serve· ·as· ··a ··source"'Of-- drinking water because of any of the following criteria: (A) It is-.situated·•at··l:r·-~epth··or"location

which··curren tly ··makes·· recovery· of- water fo~.d.tink ing ,, water··- purposes ... -economically .o~.technologically-impracticalJ or

(B) It-is,.so· contaminated 'Ithat"-it"·would be economically~.or ... -technolog ically . impractical-~ tcPt'ender .... tha t ··water ·fit- fer human .... -consurnption r. or

(C) The-,~total"'di'ssclvea·-sollds·· ('l'osr concentration~of"the·~round.-water .is more than five thousand 'mg;L·, and it is not reasonably expected to.supply a public or private drinking.water system.

. (b) The"'Cbic·~'iiia'ps'fshafl'l:indlcate~~exempted. aquifers and··usow;·-r-in plan~-v'fe\./;·- by;· use! ~of· ·a UIC· Line; and such maps are an integral part of this chapter. The depart-

. ment's UIC maps shall -be the final authority for the identification of the aquifer boundaries on the land surface. Copies of the maps and this chapter are available for examination at an office of the depart~ ment's environmental protection and health services division, the district health offices and other department offices on each island.

{c) Unless expressly exempted, all aquifers are considered to be USDW.

. . • 1~.---------------------------------------------------------.

HONOLULU DISTRICT SOURCES FOR DRINKING WATER

Kalmuk I Wilder Wei No. aa-c Deretanla KoUhi

A.l data fTollft YOWta (1981). 1~ ~----------------------------------------------------------~

-' ~100 ~--------------------------------------------~~----------~ -

1

Na It Ca h fda 810 HCO Cl 80 P ...... TDS Cl!Mg

0

1

2

3

4

6

e

7

8

9

10

11

12

13

14

CIIMt ratio fllotted on concentration ecale

, ::t

.. 0 •

1~~--------------------------------------------------------.

LOWER EAST AFT ZONE

WEU.: ALLISON

Iii .taR. 7. 1171, U. of H.

1POO ~------------------------------------------------------~

-' ~100~--------~----------------~~----~--------~-r------~ -z 2 1-c( a: 1-z w 0 10 ~----------~a_-----------------------+------+-------------~ z 0 0

Na K C. Fe Mg 810 MCO a SO P pH TDS CVMg

0

1

2

3

4

6

e

7

8

8

10

11

12

13

14

CVItg ratio plotted ~~~ concentration acale

'C :z:

.. 0 •

10~ r---------------------------------------------------------~

HAWAD COUNTY

PAHOA CITY FRESH WATER

1~ r-------------------------------------------------------~

-' ~100~---------------------------------------------H----------~ -0

1

2

3

4

5

e

7 "0 ::r:

1 8

0

10

11

12

13

14

CliUt ratio 111ottell e11 ce11c:entratlon ec:ale

..

10,000

1,000

--........ Q) 100 E -z 0 -t-c( a: tz w () 10 z 0 ()

1

0.1

I

0

~ ~

~ 1\A ~ '

' LOWER EAfiT RIFT ZOJtE

WELL: 0-fl

• .aa ... 7, 18761 U. .t H • II oluiJ 22, 1975 U.. of N.

• USGS

• Cox A Tbe,... (1078) y OLNR

I I

e

~ \~ I~

\

~

ll

I

I •

.

. 0

1

2

3

4

6

&

7 ~ 8

D

10

11

12

13

14

Ma K Ca Fe Mg 810 HCO a SO P pH TDS CVMg

CI/Ug ratio plottod on concontr•tlon acalo

. . ' • • 1~ ~--------------------------------------------------------~

SOUTHEASTERN HAWAII COUNTY

WELL: D-7

..ten. S. 1076. U. of tL No Date. U. of tL

1~ ~------------------------------------------------------~

Q

' ~100~--------~--------------------~~-----------+-~--------4 -z 0 ;::: < a: tz &AJ 0 to ~-----------;------------r-------------~------+-------------~ z 0 0

Na It C. Fe lAg GIO HC0 Cl 1&0 P pH TDS CI!Mg

0

1

2

3

4

6

&

7

8

8

10

11

12

13

14

CVM; ratio plotted on concentration acala

'C X

• • 1~r-------------------------------~----------------------~

LOWER EAST tiFT ZONE

WELL: G-8

e .han. 8, 1976, U. .t :H. II .hAir 22, 1G7S, U. flf H. .& Cox &Tho~~aoa (1079)

1~ ~---------------------------------------------A--------~

-:::::: ~100~---------+-------------------t----~--------r-~--------4 -z 2 t-4( £C tz w 0 10 ~----------------~----~---------------+------+-----~-------i z 0 0

1

11a I( C. Fe Ma 830 HCO Cl SO P pH TDS CVMg

0

1

2

3

4

5

e

7

8

8

10

11

12

13

14

Cl/Ma r•Uo l'loHed on concentr•tlon aceta

....

"0 :X:

0 • 1~ ~---------------------------------------------------------~

HA WAll COUNTY

WELL: ft-&. PAHOA OT A TION

8 Jeft. •• 1871. U. ef H. II .hlly z 1. 1875. U. of H.

,~ ~---------------------------------------------------------~

'=' ....... ~100~---------------------------------------------;1----------~ -

II

,

11a It C. Fe M; SK> HCO a SO P 11tH TDS CVMg

0

1

2

3

" 5

6

7

8

8

10

11

12

13

14

CI/Ug ratio lll'lott•d on co11c•ntrat1on ac:ala

"C ::t

,. • 0

1~r-------------------------------------------------------~

LOWER EAST RIFT ZONE

WELL: 0

• .lan. •· ·.1875 U. of H.. II .luty 21, 1975. U. of H. .& March 15, 19G8 BWS • DLNR

1~ ~------------------------------------------------------------~

Q ........

~100~-------,~----------------~~~~~------------r-~------~ -z 2 t< a: tz w 0 10 ~-----------~~--------------------~~------~--,~r-------1 z 0 0

1

0

1

2

3

4

5

e

7

a

9

10

11

12

13

14

Cl/llle r•Uo pklttetl on cone entretlon •c:•l•

'C X

10,000

1,000

Q ........ 01 100 E -z 0 -1-< a: 1-z w 0 10 z 0 0

1

0.1

0 • LOWER EAST RIFT ZONE

WELL: QTW IV

+ .luna 2 1, HHU, Ml'>O H

~ .

0

~ 1

\

J • 2

3

\ 4

5

G

7 "0 ::r:

a

0

10

. 11

12

13 . I . I • I • 14

Ma It Ca Fa MQ 8ao HCO a DO P pH TDS CVMg

CI/Ut r•tlo plotted 011 c:onc:entr8tlon •c•l•

0 • to~ r---------------------------------------------------------~

I

I

~ 1,000 ~\

- ~ ' CJ) 100 - I

E

' - i

• z 0 -1-ct

~ 0 a: 1-

1 z 4 w 0 10 2 z 0 3 0

4

5

e a

7 "0 :I:

1 8

LOWER EAST RIFT ZONE g

WELL: 8TW 11:1 10

11 • ,.., 21, , •• ,, "· ., "· II .. ..... 7, 1071, u.. ef M. 12 .. .hlly 11, 1871, •• ef M.

13

0.1 ~ ·-' I __. . I 14

Na K c. F. HG tiO HCO a GO p Pt TDS CVMg

Clllllt ratio etlotted on collcentretlon •cele

.. 0 •

10~ r------------------------------------------------------------~

II

1p00 r---------~~---------------------------------,r--+--------~

Q ........ ~100r-------------------------1--------------------r------------~ -z 0 -1-<( a: 1-z w 0 10 r----------------------------------------------~--------------~ z 0 0

1

LOWER EAST RFT ZONE

WELL: HGP..A (22701

II Kroopntcll ot al (1878)

Ne K Ce Fo Me S10 HC0 Cl $0 P pH TDS CIIM1

0

1

2

3

4

5

G

7

a

0

10

11

12

13

14

CI/N• ratio plotted 011 coftcontratlon aca»

'0 :J:

• • 10~ .------------------------------------------------------------.

-::::::

LOWER lEAST RF:f ZONE

GEOTHERMAL WELLS .. TOP OF D~E CONTROLlED WATER

8 ICB-1 II KS-1A .e. ICS-2

~100 ~----------~r-----------~;~--------r-------~·---+--------~ -z 0 t= C( a: ... z w 0 10 ~---------------------+--~--------------------+--------------1 z 0 0

1

Na It Ca Fe l6g 810 HCO a 00 P llfi TDS CVMg

0

1

2

3

4

5

e

7

8

0

10

11

12

13

14

Clllitt ratio ploHod 011 co11controtlon •calo

't:l :X

..

Appendix A:

•

Individual Schoeller Diagrams for Wells in Lower East Rift Zone

the

Table 5.

e • Characterization of fresh, geothermal and mixed waters in the LERZ. See text for explanation.

WELL

PSa, PSb PVFW KS-1 KS-lA KS-2 HGP-A GTW-IIIa, b and c 9-6a, b and c GTW-IV 9a, b, c, and d A 9-9a, b, c, d, and e 9-7a and b Kaimuki Wilder Beretania Kalihi

WATER TYPE

Fresh Fresh Geothermal Geothermal Geothermal Geothermal Geothermal Mixed Mixed Mixed Geothermal Geothermal Fresh Fresh Fresh Fresh Fresh

• • Table 4. Listing of wells in the LERZ relative to fresh or

geothermal water types, see text for explanation.

WELLS CONTAINING GEOTHERMAL WATERS

TDS > 2000 mg/1 Temperature > 100°F

KS-1 KS-1 KS-lA KS-lA KS-2 KS-2 HGP-A HGP-A GTW-IIIa, b, and c GTW-IIIa, b, and c 9-9a, b, c, d, and e A

9-9a, and d GTW-IV

WELLS CONTAINING FRESH WATERS

TDS < 2000 mg/1 Temperature < 100°F

PSa, PSb PVFW 9-6a, b, c GTW-IV 9a, b, c, and d A 9-7a and b Kaimuki Wilder Beretania Kalihi

PSa, PSb PVFW 9-6a, b, c GTW-IV 9-7a and b Kaimuki Wilder Beretania Kalihi

Cl/Mg > 15

KS-1 KS-1A KS-2 HGP-A GTW-Illa, b, and c 9-6c, 9d A 9-9a, b, c, d and e 9-7a and b

C1/Hg < 15

PSa, PSb PVFW 9-6a and b 9a and b 9a, b and c Kaimuki Wilder Beretania Kalihi

'I 0 • Table 3. Water chemistry analyses for fresh water drinking wells

on the Island of Oahu. Data taken from Young (1981).

YELL

Parameter Kaimuki Wilder

Temp (OF) <85* <85*

pH 8.2 8.5

Na 55 52

K 2.3 5.1

Ca 9.0 4.5

Mg 11 6.2

Cl 79 56

so4 14 9.5

HC03 76 79

Si02 41 34

p NA NA

Fe .02 .02

TDS 322 249

C1/Mg 7.2 9.0

*Parameter not reported by Young (1981).

type of well and location.

Beretania Kalihi

<85* <85*

8.3 8.15

39 42

3.7 2.5

10 14

11 14

62 80

9.7 13

73 71

37 44

NA NA

.02 .02

248 283

5.6 5.7

It is assumed given the

Table 2 (Cont'd.)

WELL

Parameter 9a 9b 9c 9d A 9-9a 9-9b 9-9c 9-9d 9-9e 9-7a

Temp(°F) pH Na K Ca Mg Cl so4 HC03 Si02 p Fe a TDS Cl/Mg

77.9 7.8 85.8 6.6 42.4 37 16.9 20 372 53.6 0.233 N.A. 635 0.46

71.8 7.1 86.5 6.2 23.2 25.7 95.7 22.7 328 N.A. 0.268 N.A. 588 3. 72

N.A. 7.7 97 14 47.7 26.5 125 5.5 283 44 N.A. N.A. 643 4.7

N.A. 7.2 139 25 14 17 331 65.4 61 70.5 N.A. 0.2 723 19.47

99.5 126 7.35 7.02 216 2105 10.8 109 13.4 66.8 15 210 281 3811 69.2 471 132 144 24.1 100.7 <0.002 0.006 N.A. N.A. 762 7018 18.73 18.15

9a Kapoho Shaft, 6 Jan. '75 sample from WRRC, UH-M. 9b Kapoho Shaft, 21 July '75 sample from WRRC, UH-M.

N.A. 7.45 2890 149 117 293 5120 598 128 N.A. 0.013 N.A. 9295 17.47

N.A. 6.92 2935 155 182 324 5850 681 262 59 N.A. N.A. 10450 18.06

128 7.1 2695 129 122 267 6887 583 173 83.2 N.A. 3.16 10949 25.79

9c Kapoho Shaft, 15 March '68 sample from Hawaii Board of Water Supply. 9d Kapoho Shaft, sample from DLNR. A Well Allison, 7 Jan. '75 sample from WRRC, UH-M. 9-9a Malama-Ki Well, 7 Jan. '75 sample from WRRC, UH-M. 9-9b Malama-Ki Well, 22 July '75 sample from WRRC, UH-M. 9-9c Malama-Ki Well, 6 Sept. '62, sample from USGS. 9-9d Malama-Ki Well, Cox and Thomas (1979). 9-9e Malama-Ki Well, 28 Sept. '62 from DLNR. 9-7a Kalapana Station, 6 Jan. '75 sample from WRRC, UH.M. 9-7b Kalapana Station, unspecified date for sample from WRRC, UH-M.

JLI038

a -= Total Fe b -= Not Available

N.A. 6.92 3090

182 324 5850 681 N.A. 59 N.A. 3.16 11700 18.06

83.3 7.68 89.6 5.2 5.3 6.6 132.2 37.6 N.A. 44.5 0.056 N.A. 359 20.0

9-7b

69.4 7.05 78.8 5.0 5.9 5.6 120 38.6 N.A. N.A. 0.194 N.A. 291 21.43

•

•

Table 2. Water chemistry for wells in the LERZ. All data is in mg/1 unless otherwise indicated. See Figure 4 for locations; no data is available on geothermal wells A-1, L-1, and L-6. The term wells for the purposes of this report also includes shafts. Data source is listed below.

WELL

GTW- GTW- GTW-Parameter PSa PSb PVFW KS-1 KS-lA KS-2 HGP-A III-a III-b III-c 9-6a 9-6b 9-6c

Temp(°F) pH Na K Ca Mg Cl so4 HC03 SiOz p Fe a TDS Cl/Mg

75 7.3 36.0 2. 72 1.58 2.7 13.5 48 21.1 50.0 0.08 N.A. 176 5.0

74 6.65 19.3 2.7 1.6 1.9 9.8 44 27.3 N.A. 0.13 N.A. 107 5.16

75 8.5 16 3.3 19 5.1 4 11 71 62 N.A. 8.8 120 0.78

113 >100 N.A. 8.5 614 921 46.1 26.0 53.2 65.8 30.2 2.71 1150 1098 169 74 N.A. N.A. 80 104.6 N.A. N.A. 15 N.A. 2158 2292 38.08 405.17

>100 9.5 1000 94 65 0.5 1600 210 N.A. 93 N.A. 70 3140 3200

300-350 199 3 6.85 2008 2050 245 190 445 76.8 14 52 4720 3274 N.A. 314 N.A. 30 432 96.6 N.A. .006 N.A. N.A. 7865 6084 337.14 62.96

N.A. N.A. 2000 195 81 59 3410 335 N.A. N.A. .076 N.A. 6080 57.8

165 1.4 1740 158 71 62.5 2980 317 20 N.A. 0.053 N.A. 5349 47.68

91 92 7.42 7.75 238 223 13.6 16.8 23.0 12.5 28 27.2 303.5 316 204 211 48 44 71.3 N.A. 0.04 0.076 N.A. N.A. 929 851 10.8 11.6

96 7.1 231 15.2 16.5 24.1 450 106 46 63 N.A. 0.2 1006 18.67

GTW-IV

N.A.b 7.9 49.2

16.2 7.5 72 18.4 N.A. 44 N.A. .1 220 9.6

PSa Pahoa Station, 6 Jan. '75 sample from Water Resources Research Center (WRRC), University of Hawaii, Manoa (UH-M).

PSb Pahoa Station, 21 July '75 sample from WRRC, UH-M. PVFW Pahoa Village Fresh Water, October 1985, sample from Thermal Power Company. KS-1 Geothermal Well, Kapoho State 1, top of dike impounded water analysis, 1983 from Hawaii

Dept. of Land and Natural Resources (DLNR). KS-lA Geothermal Well, Kapoho State 1-A, top of dike impounded water analysis, 1985 from DLNR. KS-2 Geothermal Well, Kapoho State 2, top of dike impounded water analysis, 1984 from DLNR. HGP-A Geothermal Well, HGP-A, analysis from 2270' from Kroopnick et al (1978). GTW-IIIa Geothermal hole, 7 Jan. '75 sample from WRRC, UH-M. GTW-IIIb Geothermal hole, 21 July '75 sample from WRRC, UH-M. GTW-IIIc Geothermal hole, (Thief), 21 July '75 sample from WRRC, UH-M. 9-6a Kapoho hole, 6 Jan. '75 sample from WRRC, UH-M. 9-Gb Kapoho hole, 22 July '75 sample from WRRC, UH-M. 9-6c Kapoho hole, analysis from Cox and Thomas (1979). GTW-IV Geothermal hole, 21 June '61 sample from Hawaii Department of Health (HDOH).

a = Total Fe b = Not Available

•

•

,, • • Table 1. Physical data on welisl in the LERZ. See Figure 4 for

location. Data from Epp and Halunen (1979), Weiss Associates (1983) and Thermal Power Company.

ELEVATION DEPTH WATER LEVEL MAXIMUM Well (ft.,amsl2) (ft.) ~. ams!.l TEMP. (OF)

9-5 A 705 754.7 17.8 72 9-5B NA NA NA NA 9-6 287 337.15 3.3 98 9-7 752 801.9 2. 9!! 73* 9-9 274 316 0.7 131* 9-11 402 446 11. 6,_, 72 9 38 41 2.6 77 A 129 140 4.9 102* GTW-III 563 690 4.9 199 GTW-IV 250 290 NA 109 KS-1 617 782*** 11 113 KS-1A 617 586*** 38** NA KS-2 718 732*** 10 NA GTW-1 1009 178 NA 156 GTW-II 1035 556 NA 207

1 The term is loosely applied to also include shafts, holes, etc.

2 Above Mean Sea Level

* Temperatures reported in Table 2 are 69° and 83°F for well 9-7, 126°-128°F for well 9-9, and 100°F for well A.

** The significant differential KS-lA (Figure 4) is in part, collection error.

in water thought to

level between KS-1 and result from a data

*** Depth of well when formation water was intercepted.

HAWAII

0 PRODUCTIVE WELL ~ NONPRODUCTIVE WELL e OTHER

SCALE

0==---===--·2 ...

~ PGV 25MW PROJECT AREA

r;~ KAPOHO GEOTHERMAl SUBZONE

---- EXISTING UIC LINE

•''''''''' PROPOSED UIC LINE

Figure 1 0 MODIFIED UIC LINE

.. 11 •I • -

0 . It

I 10 I

I WATER TYPE I • FRESH WATER - 9

....... tn

6 GEOTHERMAL WATEF I

I E 0 I 0 0 8 ... I

I -1-z I w 1- 7 z 0 0 en

.... L

I I

c 6 ..J

L

I 0 en c t w 5 > ..J I 0 en c

4 ..J < 1-

I ..

I 0 1- I

3

I Figure 9 Relation hll) betwe en TDS content and tempe rature

..... for well1 In the Lo t-ver East I Rift Zon 8 Also Jnc lludAd

I/ are four drinking ' lrater wells fro ~ the lslar d of

2

/. Oahu (Ts ble 3).

/cP. cO

·-· 1

0

0 50 100 150 200 250 300 350

TEMPERATURE (F)

,,

10,000

'1,000

-........ m E - 100 z 0 -1-<( a: 1-z w (.) z 0 10 (.)

1

0.1

Na

• • Figure 8 Modified Schoeller Diagram (Figures 6 & 7) ,

geothermal water data (except pH) reduced by factor of ten to correct for concentration effect.

Freah Water

Geothermal Water

K Ca Fe p pH TDS CI/Mg

0

1.

'2

3

4

5

6

7

8

9

10

11

12

13

'14

CVMg ratio plotted on concentration scale

"C :::t

,,

.. 10,000

-" m E - '1100 z 0 u-q; a: ~ z w 0 z 0 10 0

0.1

~--~•---------------.

Na

Figure 7 Schoeller Diagram, fresh water pattern for wells In tho LERZ. Aloo Included are four drinking water wells from the Island of Oahu (see text for explanation).

K Ca Fe p pH TDS Ct/Mg

0

1

2

3

4

5

6

7

8

9

10

11

12

13

"14

CI/Mg ratio plotted on concentration scale

't:J :r:

·~ 10,000

'1,000

-......... C'» E - 100 z 0 t-<t ex: »-z w 0 z 0 'fiO 0

0.1

Figure a

• ----·-=:----H-------.

Schoeller Diagram, geothermal water pattern for wells In the LERZ (see text for explanation).

Na K Ca Fe Mg SI02 HC03 Cl S04 P pH TDS CI/Mg

0

1

2

3

5

6

7 'C :I:

8

9

10

11

12

13

•J4

CI/Mg ratio plotted on concentration scare

I Flg1ure 5 d

100,000 50,000

I I

I , , I

Frequency Distrlb uti on ofi TDS Content (Fjlgure Sa) i Coded for Silica (SI02 ) Content.

i I I I ! Si02 CONTENT (m~/1) I I ~~ZZ1 ::5 8 5

I 30- 84

~ 29

10,000 5,000 500

TOTAL DJSOL VED SOLIDS CONTENT {mg/1)

~~ ~j~j~lil~~ ·.·.·.·.·

4

• ., ::0 m 0 c: m

2 z (')

• 1

0

100

-<

I Frequency Dist lbutlon o~ TOS Content (Figur Sa) Coded for Chloride to Magnesium Ratio (CI/Mg).

4

CI/Mg

ESSJ :::. 1s

~ c:: 15

~~----~~~------~~--~~•

100,000 50,000 10,000 5,000 1,000 500

TOTAL DISOLVED SOLIDS CONTENT (mg/1)

., jj m 0 c:: m

2 z (")

• 1

0

100

-<

Frequency Dlstr~butlon ofJ,I TDS Content (Figure Sa)

1 Coded for Tempterature. i

I

TEMPERATURE F)

::::>100

85 - 99

4

~------~--------------~~~~------~~v~?~_~_z_~~----~---a-4 ____ ~~------~------~~~------~~ t:::::::::::::::::::::j Data Not Av liable

100,000 50,000 10,000 5,000 500

TOTAl DISOl VED SOLIDS CONTENT {mg/1)

., :lJ m 0 c: rn

2 z

0

100

n -<

100,000 50,000

Figure Sa Frequency Distribution of TDS Content fo Walia In the LERZ Also lnclud4 a Four Drln~lng Water Wella From the I:Siand of uanu tTaD es :z & .,,.

10,000 s,ooo 1,000 500

TOTAL DISOLVED SOLIDS CONTENT (mg/1}

:.

4

• 3

., ::0 m 0 c m z 0 <

HAWAII

\

I /

-----------,---------·---TOTAL DISOLYED 1 WATER LEVEL

SOLIDS CONTENT (mg/1) . (tt,amel)

DATA APPLIES TO TOP OF BASAL WATER OR TOP OF DIKE CONTROLED WATER EXCEPT HGP-A, SEE TEXT.

HO DATA FOR A-1 , L-1, • L-11 •

•

• Figure 4 KEY HYDROCHEMICAL DATA FOR WELLS

IN THE LOWER EAST RIFT ZONE OF KILAUEA VOLCANO, HAWAII.

8 PRODUCTIVE WELL ~ NONPRODUCTIVE WELL e OTHER

SCALE

Oc==--•===--·2 Ml

ZONE OF INFILTRATION

ZONE OF VIGOROUS GROUNDWATER FLOWS

1---------

IMPERMEABLE SEAL --+J~~+'

HYOOOTHERMAL ALTERATION SEALI N G FAULT ----h-lrt\.\rlf.\..\.~~.+\1

HIGH DENSITY OF DIKES WITHIN RIFT ZONE INCREASING IN FREQUENCY WITH DEPTH. ONLY A FEW ARE SHOWN FOR CLARITY.

LOW DENSITY OF DIKES? ON MARGINS ___.-: . ---

SURFACE EAST

DIKE SWARM

EXPRESSION OF R!FT ZONE -----1

RECENT FISSURE/LAVA FLOW

~ -- TWO PHASE LIQUID

DOMINATED RESERVOIR WITH VARIABLE STEAM FRACTION

DIKE COMPLEX SCALES HIGHLY EXAGGERATED

CONCEPTUAL MODEL OF THE PUNA GEOTHERMAL SYSTEM. SECTION IS NORMAL TO THE TREND OF THE RIFT ZONE. THE GEOTHERMAL SYSTEM IS RIFT CONFINED EXCEPT IN AREAS OF CROSS-FAULTING. IMPERMEABLE SEAL IS THOUGHT TO BE DUE TO LITHOLOGY AND HYDROTHERMAL ALTERATIONS.

Flaure 3

..

A

I MAUNA KEA

Figure 2a

• ·0

A' I

EAST RIFT ZONE

SEA LEVEL

Schematic cross-section trom the rift zone of Mauna Kea through the East Rift Zone of Kilauea (see Figure 1) showing the distribution of fresh water and salt water (modified after Stearns and Macdonald, 1946). Two types of ground water occurances are illustrated: dikecontroled and basal water (Figure 2b) within and outside the rift zone, respectively. Only two water chemical categories are shown.

SEA LEVEL

Figure 2b The Ghyben-Herzberg Principle showing the lens of fresh (basal) water floating on salt water (modified after Stearns, 1966).

GENERALIZED MODEL OF THE GEOHYDROLOGIC SETTING OF THE EAST RIFT ZONE.

I I I I

' I A HUALALAI

' \ \

I I I I I I

KOHALA

' ' ' ...... ......

...........

/ /

/

/ ;'

--............. / -.... .......... A"'--- - -- - - -

I I

I I

I I

I

MAUNA KEA \

' ' \

--------------.... -/

KMAUNA I

I

-LOA

I I

I I

I

I

/ I

/

A KILAUEA / ', .,.. / -..._ __ .......

/ ,-

,.

PROJECT LOCATION

• Figure 1 LOCATION OF PGV 25MW GEOTHERMAL

PROJECT. LINE A-A" REFERS TO GEOHYDROLOGIC CROSS-SECTION IN FIGURE 2a.

• • Thomas, D., 1984, Geothermal resource assessment in Hawaii, final report: U.S.DOE Report DOE/SF/1081-1-Tl.

Young, R. H. F., 1981, Water quality: in Groundwater in Hawaii, A centuryof progress, edited by F. N. Fujimura and W.B.C. Chang, p. 117-139.

Weiss Associates, 1983, Hydrology of the Puna Area, Hawaii, Unpublished report prepared for Thermal Power Company, San Francisco, California.

Zablocki, C. J., 1977, Self-potential studies in East geoelectric studies on the East Rift, Kilauea Hawaii Institute of Geophysics, Report 7715.

RECJLI

- 10 -

Puna, Hawaii: in Volcano, Hawaii Island,

,, • • REFERENCES

Anonymous, 1970, An inventory of Basic Water Resources Data, Island of Hawaii, Hawaii State Department of Land and Natural Resources Report R 34.

Cox, M. E., and Thomas, D. M., 1979, Chloride/magnesium ratio of shallow groundwaters as a regional geothermal indicator in Hawaii: Hawaii Institute of Geophysics Report 3.

Davis, D. A. and Yamanaga, G., 1968, Preliminary report on the water resources of the Hila - Puna Area, Hawaii, USGS Circ. 45.

Davis, D. A. and Yamanaga, A., 1973, Water resources summary, State of Hawaii, USGS Report R-47.

Druecker, M. and Fan, P., 1976, Hydrology and chemisty of groundwater in Puna, Hawaii: Groundwater, V. 14, No. 5, p. 328 - 338.

Epp, D., and Halunen, A. J., Jr., 1979, Temperature profiles in wells of the Island of Hawaii: Hawaii Institute of Geophysics Report 7.

Fururnoto, S. D., 1978, Nature of the magma conduit under the East Rift Zone of Kilauea Volcano, Hawaii: Bull. Volcano., '*1-4, p. 435-453.

Imada, J. A., 1984, Numerical modeling of the 'groundwater in the East Rift Zone of Kilauea Volcano, Hawaii: Unpub. M. S. Thesis, University of Hawaii, Honolulu.

Iovenitti, J. L., and D'Olier, W. L., 1985, Preliminary results of drilling and testing in the Puna geothermal system, Hawaii: Proceedings of Tenth Workshop on Geothermal Reservoir Engineering, Stanford University.

Kauahikaua, J., Mattice, M., and Jackson, D., 1980, Mise-a-la-Masse mapping of the HGP-A geothermal reservoir, Hawaii: Geoth. Res. Council Trans., 4, p. 65 - 68.

Kroopnick, P.M., Buddemeir, R. W., and Thomas D., 1978, Hydrology and geochemistry of a Hawaiian geothermal system: HGP-A: Hawaii Institute of Geophysics Report HIG 78-6.

McMurtry, Fan, P. and Complen, T. B., 1977, chemical and isotopic investigations of groundwater in potential geothermal areas in Hawaii: American Jour. Science, V. 277, p. 438 - 458.

Moore, R., 1983, Distribution of differentiated tholeiitic basalts on the lower East Rift Zone of Kilauea Volcano: J. Volcanol. Geotherm Res., 16, p 189-204.

Takasaki, K. J. and Mink, J. F., 1985, Evaluation of major dike-impounded groundwater reservoirs, Island of Oahu: U.S.G.S. Water-Supply Paper 2217.

- 9 -

,, • • CONCLUSIONS AND RECOMMENDATIONS

The geohydrochemical review of the shallow and intermediate subsurface in the LERZ of Kilauea Volcano, Hawaii, Hawaii indicates:

(1) fresh water can be thermochemically differentiated from geothermal waters,

(2) wells containing geothermal waters occur in the proximity of a major structural intersection in the LERZ,

(3) upwelling geothermal fluids from the geothermal reservoir in the deep subsurface are interpreted to be taking place along the zone of structural intersection,

(4) geothermal fluid leakage from the reservoir is sufficiently strong to overwhelm the character of fresh water in the zone of vigorous groundwater flow,

(5) mixed water type wells evidence the dynamic nature of the geohydrological setting,

(6) the East Rift Zone h not a typical geologic setting for drinking water in the State of Hawaii,

(7) the area of primary geothermal fluid leakage both within and outside the rift as well as the area hydrologically downgradient should be withdrawn from the classification of underground sources of drinking water.

It is recommended that the UIC line be modified as shown in Figure 10. The modified line encompasses the Kapoho Geothermal Subzone designated by the Board of Land and Natural Resources under Act 296, SLH 1983, as well as Wells 9-9 and A south and southeast of the PGV-PA. Modified UIC line is consistent with the purpose and scope of HDOH, UIC regulations. The observation that the intermediate subsurface in the area of Wells 9-9 and A (Figure 10) may not contain geothermal waters does not impact the petition to modify the UIC line as discussed. The reason for this is that the UIC line only describes where injection can occur in a horizontal dimension. The vertical dimension is regulated by Section 11-23-05 of the HDOH, UIC regulations (Appendix C).

OTHER CONSIDERATIONS

The existence of an GEA defines dimension. The vertical dimension is HDOH, UIC regulations (Appendix C).

the exempted aquifer area in a horizontal regulated by Section 11-23-05 of the

Mr. Fraim of HDOH has informed Thermal Power Company (personal communication, May 1986) that the occurrence of water in the LERZ is non-artesian. As a consequence, the entire geologic column in a vertical dimension is treated as an exempted aquifer.

- 8 -

• • HDOH, UIC REGULATIONS

Classification of exempted aquifers and Underground Sources of Drinking Water, Section 11-23-04 of the HDOH, UIC regulations is presented in Appendix B. Each criteria listed to classify exempted aquifers, is given below in bold type and reviewed for its applicability to the PGV-PA.

(1) The aquifer does not currently serve as a source of drinking water.

The only wells clearly containing fresh drinking water in the LERZ are 9-5 and 9-7 located to the north and south, respectively of the Rift. Furthermore, Well 9-7 is considerably southwest of the area of primary geothermal fluid leakage and oblique to the hydrologic gradient.

(2) The aquifer cannot now and will not in the future serve as a source of drinking water because of any of the following criteria:

(a)

(b)

it is situated at a depth recovery of water for drinking technologically impractical; or

or location which currently makes water purposes economically or

it is so contaminated that it would be technologically impractical to render that water consumption; or

economically or fit for human

(c) the total dissolved solids (TDS) concentration of the groundwater is more than five thousand mg/L, and it is not reasonably expected to supply a public or private drinking water system.

Waters in the PGV-PA and to the south and southeast Wells 9-9 and A are clearly geothermal in character (see Figures 1, 4 and Table 5). Mixed water types exist down the hydrologic gradient from the area of primary geothermal fluid. The East Rift Zone is not the typical geologic setting for drinking water in the State of Hawaii. Geothermal waters are considered economically and technologically impractical to render water fit for human consumption. Mixed waters are considered marginal for drinking water. There also exists a high probability that any well containing a mixed fluid type may entrain a greater geothermal component to its fluid under high flow rate conditions.

(3) The UIG maps shall indicate exempted aquifers and USDW, in plan view, by use of a UIC Line, and such maps are an integral part of this chapter. The department's UIC maps shall be the final authority for the identification of the aquifer boundaries on the land surface.

The PGV-PA, as well as, the entire LERZ is mauka (towards the mountain) of the existing HDOH, UIC line. The UIC line should be modified to include that area of the LERZ when geothermal and mixed waters are identified.

(4) Unless expressly .exempted, all aquifers are considered to be USDW.

A large region within the LERZ satisfies criteria (1) and (2) in HDOH, UIC rules, Section 11-23-04, given above.

- 7 -

.. • 0 Comparison of Figures 6 and 7 illustrates that fresh water can be chemically differentiated from geothermal waters, significantly enhancing the previous conclusions. The geothermal fluid contains markedly higher concentrations than fresh water for most of the ions reviewed. They ar~ also anomalous in Mg, Si02, HC03 and Cl content, Cl/Mg ratio and pH as shown in Figure 8 which illustrates the chemical relationship between geothermal and fresh waters if the concentration effect in the geothermal waters is reduced by one order of magnitude.

These results allow the characterization of three water types: geothermal, mixed and fresh for wells in the LERZ (Table 5). To maintain analytical conservatism, geothermal waters were only designated upon clear, overwhelming evidence. The temperature and chemical signatures observed in KS-1, KS-lA, KS-2, and GTW-III within the rift and 9-9 and A south and southeast of the rift (Figure 4) are interpreted to result from relatively direct leakage of geothermal fluid into the dike-controlled and basal waters, respectively. The major fault intersection is considered the principal cause for upwelling of geothermal fluids from the geothermal reservoir located in the deep subsurface. This postulation is corroborated by the spontaneous potential anomalies identified by Zablocki (1977). Well 9-9 is proximal to the transverse fault. Well A is a considerable distance away from this feature and its diluted water chemistry and reduced temperature is consistent with mixing of geothermal fluids with fresh water. Previous studies (Davis and Yamanaga, 1968 and 1974; Druecker and Fan, 1976; McMurtry et al, 1977; and Imada, 1984) attribute the saline nature of the waters south of the LERZ to be the result at least in part, to a decrease in recharge rate to the basal water. The temperature anomaly clearly identifies the geothermal character of these waters. Wells 9-6 and GTW-IV are a mixed water type because they display a partial geothermal character. These wells occur within the LERZ down the hydrologic gradient from the primary identified area of geothermal fluid upwelling. It is postulated that geothermal fluids migrating down the rift mix and possibly react with fresh water resulting in the modified chemical signature. It is also possible that upward leakage of geothermal fluid is also occurring immediate to 9-6 and GTW-IV but to a much lesser extent than in the primary area. Well 9 is also considered a mixed water type for reasons discussed above. Only ~ells 9-5 and 9-7 located north and southwest, respectively of the primary area of geothermal fluid upwelling, unambiguously contain fresh water.

This characterization, while specific to the top of the basal water or dike controlled water in the LERZ (shallow subsurface), is also directly applicable to the intermediate subsurface. However, the paucity of data on the intermediate depth geohydrochemical system, limits a detailed review. Figure 9 shows that as expected, the total dissolved solids content of the water in the LERZ and temperature are proportional. Wells HGP-A, KS-1, KS-lA and KS-2 have all been found to increase in temperature with depth. It can be readily expected that with increasing depth and temperature, the geothermal character of the water will be progressively enhanced until the geothermal reservoir itself is intersected. The intermediate subsurface in the area of Well 9-9 and to a greater extent Well A, may not contain geothermal waters. This would depend upon the specific degree and depth location of geothermal fluid upwelling in that portion of the structural intersection outside of the rift (Figure 4).

- 6 -

• 0 (1) different sampling procedures,

(2) different analytical methods,

(3) environmental factors affecting the water chemistry of the samples such as a significant rain fall prior to sample collection,

(4) natural variations in water chemistry, and

(5) some combination of the above.

Schoeller diagrams (vertical scale chemical concentration plots) have been used to evaluate the validity of individual well, multiple chemical data (Appendix A). Except for Well 9 which displays at least two distinct waters chemistries, the chemical data are in general, coherent and most likely reflect dilution/concentration effects related to the dynamics of the geohydrochemical setting. Significant sampling and/or analytical errors are not evident. Although variability exists on an areal basis, a consistent geochemical pattern has been detected which distinguishes fresh water from geothermal water.

Figure Sa is a semi-logarithmic frequency distribution diagram of the total dissolved solids (TDS) content for wells from the LERZ. TDS content is utilized as it reflects the gross chemical character of the water. Included in this figure are data from four fresh water drinking wells on the island of Oahu (Table 3) which provide an independent, internal control set. The TDS plot has been coded for the three principal indicators of geothermal waters reported by Cox and Thomas (1979): temperature (Figure Sb), chloride to magnesium ratio (Figure Sc) and silica content (Figure Sd). Conservatively, it is observed that all wells with a TDS content greater than 2000 mg/1, exhibit Cl/Mg ratios in excess of 15 and a temperature greater than or equal to 100°F. An elevated temperature of 100°F and chemical signatures clearly fingerprint a water as geothermally anomalous. The silica content of these waters (Figure Sd) displays a more ambigious pattern. This is attributed to not only the data variation factors described above but also to some extent, precipitation reactions lowering the silica content of the geothermal waters. This four-parameter analysis provides a basis for discriminating between wells which contain either fresh or geothermal water (Table 4).

An independent validation of water type is made through the utilization of 13 chemical parameters given in Table 2. Consistent relationships observed upon increasing the number of parameters involved in any single analysis is interpreted to reflect a meaningful geologic phenomena. It is postulated that unique geothermal and fresh water Schoeller Diagraxn patterns exist. To evaluate this, the chemical data for any well which occurred in two out of the three geothermal water categories listed in rable 4 were plotted in F~ 6. In contrast, all three fresh categories for fresh waters in Table 4 had to

lOe satisfied before being plotted (Figure 7) for analytical conservatism. Data for Wells 9a, 9b, 9-6a and 9-6b (Table 4) were not plotted in Figure 7 for the following reasons. Well 9 shows at least two distinct fluids, a a Na-Ca-HCOJ and Na-Cl-S04·HC03 type. Imada (1984) reports that the high bicarbonate (HC03) of the fluids results from volcanic emanations. Perched water in Puna, Hawaii tends to be of either a Na-Ca-HC03 or a Na-Mg-HC03 type; while basal waters are predominately Na-Cl (Druecker and Fan, 1976). The physical setting of Well 9 is consistent with a perched aqulfer origin. Well 9-6 exhibits temperature approximate to 100°F and one of the hotter samples 9-6c also shows a Cl/Mg ratio greater than 15.

- 5 -

v

'I • • The location of all the wells3 in the LERZ are presented in Figure 4 along with selected, key hydrochemical parameters:

1. Total dissolved solids content, 2. Water level, 3. Temperature, 4. Cl/Mg, and 5. Si02 content.

Physical data on these wells and their available water chemistry, are summarized in Tables 1 and 2, respectively. Table 1 indicates that the chemical well data pertains to the top of the basal water north and south of the rift. Within the rift, it applies to the top of the dike-controlled water. The only unequivocal exception is Well HGP-A (Table 2) which corresponds to the intermediate level groundwater system. The location, depth and chemistry of Well 9 suggests that it is producing from a perched aquifer. Although a relatively small number of wells (i.e. only 16 data points) exist, regional geohydrochemical systematics are evident which impart critical insights to the injection regulation issue.

North of the LERZ, groundwater elevations would suggest groundwater flow in a north-south direction towards the ocean. However, given the limited data available, it is inferred that a significant portion of the flow in this area is actually moving to the northeast following the topography of Mauna Loa and the LERZ (Figure 4). Within the LERZ, minor dike impoundment has been reported by Kauahikaua et al (1980) and is also observed most notably in Well KS-lA (Table 1). Water flow is principally parallel to the rift (Takasaki and Mink, 1985). South of the LERZ, groundwater elevations do not show a consistent pattern. Groundwater probably flows in a southerly to southeasterly direction following topography towards the ocean.

Maximum water temperature in the LERZ wells indicate that ambient conditions exist to the north. Elevated temperatures are present throughout the rift zone except for Well 9 at Kapoho Crater. This well at the base of the Kapoho Crater taps water from an ash formation (Davis and Yamanaga, 1968). It is believed that much of its flow is derived from Green Lake located up gradient within the crater which is the only standing body of water in the entire LERZ. Its existence is attributed to the ash layer acting as an aquitard. Water flow from Green Lake into Well 9 is interpreted to alter both the well's true temperature and chemical characteristics. Wells south of the LERZ show variable temperatures with significantly greater than ambient temperatures south and southeast of the PGV-PA (Figure 4).

The selected hydrochemical data illustrated in Figure 4 and the detailed water chemistry for these wells presented in Table 2 evidence a variability on both an individual well basis (e.g., Well 9-9a through 9-9e, Table 2) and on an areal basis (e.g., Wells KS-1, KS-lA, KS-2 and GTW-III, Figure 4). These data represent analyses conducted by different State and Federal agencies at different times. The variations can be attributable to:

3 The term well is broadly applied herein to also include shafts, holes, etc.

- 4 -

0 0 Potential freshwater recharge in the LERZ is thought to be derived from both the area uprift of the PGV-PA, (Figure 1) and local rainfall through infiltration. Annual rainfall in LERZ is about 120 inches. This water immediately infiltrates into the ground as virtually no standing water bodies exist. A secondary source of potential recharge to the LERZ is Mauna Loa to the north and northwest. Flow from this large, volcanic edifice would undoubtedly be ponded against the impermeable, northern boundary of the rift. Water would percolate into and through the rift zone only along relatively discrete high permeability sections (e.g. faults) and/or by physically overflowing the dikes. The East Rift Zone forms an excellent barrier to groundwater flow (Druecker and Fan, 1976; Imada, 1984). Groundwater residence time in the LERZ, reported by Kroopnick et al (1978), is on the order of years. The high annual rainfall and short residence time evidence a vigorous groundwater flow system.

Seven deep exploratory wells have been drilled to date where the east-northeast trending rift zone has been structurally offset by a north-northwest trending transverse fault (Figure 4). The geothermal system is thought to be localized by this major fault intersection. Four of the seven wells have been successful. A conceptual model of the principal elements of the geohydrologic setting of the Puna geothermal system is presented in Figure 3. Briefly, the Puna reservoir is a very high temperature, greater than 600°F, two-phase liquid dominated system containing a varying steam fraction and is rift confined except where broken by faults. The reservoir is maintained in this thermodynamic state· by a very high heat flow within the rift and by an effective seal inhibiting significant venting of the reservoir to the surface. In spite of the tremendous heat flux generated by the rift zone environment, no marked geothermal surface manifestations (e.g., Yellowstone type) are present except for several hot springs discharging along the southeastern coast of the Big Island of Hawaii and for isolated steam vents within tl1e rift which appear to be more closely related to recently active fissures. The lack of surface manifestations is ~attributed to a vigorous, cool groundwater system which "hydraulically masks" the geothermal reservoir and a relatively impermeable seal around the reservoir. This coupling effectively keeps the geothermal reservoir suppressed, Where the seal is locally broken by structure, however, leakage of geothermal fluids does occur. Leakage should diminish over time by mineralogical self-sealing of the permeable structures unless reoccurring fault movement maintains these fluid conduits. While this self-sealing phenomenon does occur in a geologic time frame, it will be shown that currently, geothermal fluid leakage from the reservoir into the shallow and intermediate level ground water system is sufficient to totally alter its original fresh water character.

Hydrochemistry

Cox and Thomas (1979) conducted a chemical review of some 400 groundwater samples in the State of Hawaii and have determined three parameters which identify the presence of geothermal water: temperature in excess of 84°F, ~ chloride to magnesium ratio (Cl/Mg) greater than or equal to 15, and silica ~ content exceeding 30-85 mg/1 depending on locality. Their study provides the ~ chemical basis for this review.

- 3 -

,, relative to what is~turally occurring. Criterial 1lt developed whiclt allows characterization of waters in the LERZ as either a fresh, geothermal, or mixed type. The latter category refers to waters not clearly of the former two types. The current HDOH, UIC regulations are then evaluated with respect to the geohydrochemical setting. Finally, a recommendation is presented to render tlte Hawaii State UIC regulations consistent with the new technical findings reported herein.

LERZ GEOHYDROCHEMICAL SETTING

Geohydrology

The East Rift Zone is one of the main conduits for the lateral migration of basaltic magma from the holding chamber beneath Kilauea's summit caldera. It is manifested at the surface as a linear and parallel belt, 1-2 miles wide. The rift zone consists of open fissures, faults, s1nall grabens, pit craters, cones and vents related to numerous volcano-tectonic events. In the LERZ, eruptions have occurred as recently as 1740, 1840, 1955, 1960 and 1961. The East Rift Zone is a constructional ridge standing some 500-1500 feet above the adjoining terrain throughout its length except in its lower portion (LERZ) where the ridge disappears into a series of grabens and splatter deposits (Moore, 1983). This change in topographic expression corresponds to a transverse structural break (Figure 4). It is also the site of the geothermal resource discovery Well HGP-A. Underlying the surface expression of the rift at a depth of generally 7600 feet below the surface, is a much broader (5-15 miles wide) dike complex defined by Furumoto (1978). This dike complex is thought to consist of a dense aggregate of closely spaced, parallel to subparallel, vertical to steeply dipping dikes. The intervening region between the dike complex and surface expression of the rift is considered transitional with respect to dike density (Figure 3). The dikes intrude both Mauna Loa and Kilauea lava flows. The dike complex is reported by Furumoto (1978) to be locally above the Curie Point (1000°F) and in places, may even approach the melting point of basalt (1900°F). Petrologic studies of lavas in the rift indicate the presence of differentiated tholeiite which strongly suggests the existence of secondary magma chambers. The Puna geothermal system overlies such an area (Moore, 1983).

A generalized geohydrological model from the east-trending rift zone of Mauna Kea through the LERZ to the sea and the Ghyben-Herzberg principal, are depicted in Figures 2a and 2b, respectively. Basal water occurs north and south of the rift. Within the rift, however, the Ghyben-Herzberg principal is not thought to apply and the water is considered dike-controlled2 (Figure 2a) because of the strong structural constraint on water flow imposed by the rift (e.g., dikes, faults). Dike-impounded (or dike-confined) water occurs within the rift zone typically at high elevations where water levels are encountered hundreds of feet above mean sea level. At lower elevations, water within the rift is approximately at sea level.

1

2

Utilized in this study are all available geotechnical data, and pattern recognition techniques and set theory. conservatism is maintained throughout the analysis.

statistical Analytical

The term dike-controlled is credited to Mr. D. Fraim of Hawaii Department of Health whose valuable discussions on the hydrology of the Hawaiian Islands assisted the preparation of this document.

- 2 -

,, • • SUMMARY

Three basic water types: geothermal, fresh and mixed, have been identified in the shallow and intermediate subsurface of the lower East Rift Zone, Puna, Hawaii, Hawaii. Geothermal waters are found proximal to a major structural intersection of the East Rift Zone with a transverse fault. This structural intersection is interpreted to provide the conduit for upward migration of geothermal fluids from the reservoir located in the deep subsurface. The intended PGV 25 MW project lies in this region of upwelling geothermal fluids. Fresh waters are present north of the rift zone and south of the rift in the area southwest of the 25 MW project. Mixed waters are located within the rift near Kapoho Crater which lies down gradient from the region of upwelling geothermal fluids.

The characterization of these water types has been conducted integrated geohydrochemical review of the lower East Rift Zone. this study were all available geotechnical data, statistical recognition techniques and set theory.

through an Utilized in

and pattern

Thermal Power Company believes that those areas shown to contain geothermal or mixed waters should not be classified as an underground source of drinking water. Current Hawaii State Department of Health Underground Injection Control (UIC) regulations designate a large portion of the lower East Rift Zone region as an underground source of drinking water. Accordingly, Thermal petitions the Department to modify their current UIC line on the Big Island of Hawaii to include those areas demonstrated in this report to contain geothermal and/or mixed waters.

INTRODUCTION

Thermal Power Company, operator of the Puna Geothermal Venture (PGV) which includes Amfac Energy, Inc. and Dillingham Geothermal, Inc., has submitted their description of the PGV 25 MW Project in Puna to State and County agencies. This project is located on the Big Island of Hawaii in the lower East Rift Zone (LERZ) of Kilauea Volcano (Figure 1). Injection of geothermal fluids is an integral part of any geothermal electric power generation project. Concomitant with this requirement is the responsibility of the geothermal developer to protect the quality of underground sources of drinking water (USDW) from pollution by subsurface disposal of fluids.

Protection of USDW in Hawaii is regulated by The Safe Drinking Water Act administered by the Environmental Protection Agency. The State of Hawaii has adopted Chapter 23 of Title 11, Administrative Rules, "Underground Injection Control" (UIC) of Hawaii State Department of Health (HDOH) to receive delegation of Federal authority to administer the UIC program at the State level. A large portion of the lower East Rift Zone is currently defined as an underground source of drinking water by HDOH, UIC regulations. This report reviews the overall geologic, hydrologic and chemical setting of the LERZ. It focuses on the hydrochemical characterization of the shallow (surface to 1500') and intermediate (1500' to 4000') subsurface. Injection of geothermal fluids into the geothermal reservoir from which they originated or into a region surrounding the reservoir at comparable depths is a worldwide practice. Characterization of the deep (greater than 4000') subsurface is not warranted herein because the geothermal system occupies this position. Whatever upward movement of injected fluid takes place would be negligible

• THERMAL POWER COMPANY Santa Rosa Office

•

GEOTECHNICAL REPORT

Geohydrochemical setting of the lower East Rift Zone with special emphasis on the relationship between geothermal fluid injection and Hawaii Department of Health, Underground Injection Control regulations.

Joe Iovenitti Senior Geologist 3 July 1986

HAWAII

0

• PRODUCTIVE WELL

~ NONPRODUCTIVE WELL

• OTHER

SCALE 1. 2 Ml

h/./::•1 GEOTHERMAL WATER

l!:ii::,•,'Jl MIXED WATER

h?:Y:I FRESH WATER

Figure 3 WATER TYPES IN THE

LOWER EAST RIFT ZONE

Green Lake and southeast coast warm and hot springs are not considered.

See text for explanation.

HAWAII

0 PRODUCTIVE WELL ~ NONPRODUCTIVE WELL • OTHER

SCALE 0 z Ill

1:::::::::::=--==~-

~;;! PGV 25MW PROJECT AREA

~ KAPOHO GEOTHERMAL SUBZONE

---- EXISTING UIC LINE

,,,,,,,. PROPOSED UIC LINE

Figure 2 MODIFIED UIC LINE

HAWAII

0

0 PRODUCTIVE WELL ~ NONPRODUCTIVE WELL

• OTHER

SCALE 1. 2 Ill

Figure 1 PROJECT LOCATION MAP

• Page Three Hawaii State Department of Health July 10, 1986

constructed to lie within the Kapoho Geothermal Subzone designated by the Board of Land and Natural Resources under Act. 296 SLH 1983 except in the area south-southeast of PGV-PA where Wells 9-9 and A have been included. The observation that the intermediate subsurface in the area of Wells 9-9 and A (Figure 2) may not contain geothermal waters does not impact this petition for the following reason. The UIC line only describes where, in a horizontal dimension, injection can occur. The vertical dimension is regulated by Section 11-23-05 of the HDOH, UIC regulations.

If there are any questions in review, please contact Mr. J. (Joe)

WLD/JLI/ma JLI062

cc R. A. Patterson R. T. Pittenger M. A. Richard K. J. Tobias HA-PU-DB-06 HA-SI-GR-13

the technical 576-7232.

Geothermal Exploration

•' • Page Two • 0

Hawaii State Department of Health July 10, 1986

The Thermal Power Company review of the geological, hydrological and chemical setting of the lower East Rift Zone has indicated the following important insights to the nature of groundwater in this area.

1. Wells in the lower East Rift either fresh, geothermal temperature data.

Zone can be classified as containing or mixed water with available chemical and

2. The PGV-PA is localized at an area of upwelling geothermal fluids. A major structural intersection of the East Rift Zone with a transverse fault (Figure 3) is interpreted to provide the conduit allowing the upward migation of fluids.

3. Geothermal waters are detected in the top of the basal water, south and southeast of the rift zone and the PGV-PA, and in the top of the dike-controlled water within the rift (Figure 3). The presence of this geothermal water is interpreted to be a direct result of upwelling fluids from the geothermal reservoir located at greater depth. Since the tops of these water bodies contain geothermal water, the intermediate depth (1500-3000') interval is also interpreted to contain geothermal fluids with the possible exception of Well A and to a lesser extent, Well 9-9.

4. Geothermal fluid leakage from the reservoir is clearly sufficient to everwhelm the original fresh water character of the area of upwelling.

5. Mixed waters are located within the This area of mixed waters lies down upwelling geothermal fluids (Figure 3).

rift zone near Kapoho Crater. gradient from the region of

6. Fresh waters are present north of the rift zone, and south of the rift zone in the region southwest of the PGV-PA (Figure 3).

7. Fresh water areas are physically separated from the intended geothermal development area by the East Rift Zone (Figure 3).

8. The entire East Rift Zone, with its high level of volcanic, magmatic and tectonic activity, is not the typical setting for fresh drinking water in the State of Hawaii.

9. There exists a high likelihood that any well containing a type (within the rift zone) will entrain an increasing component under extended flowing conditions.

mixed water geothermal

Thermal believes that those areas shown to contain geothermal and/or mixed water should not be classified as an underground source of drinking water. Accordingly, We petition the Hawaii State Department of Health to modify the existing UIC line on the Big Island of Hawaii to include that area in the lower East Rift Zone demonstrated to contain geothermal or mixed water types as shown in Figures 2 and 3, respectively. The modified UIC line has been

• Diamond Shamrock Thermal Power Company

0

July 10, 1986

Hawaii State Department of Health P. 0. Box 3378 Honolulu, Hawaii 96801

Attention: Mr. L. S. Matsubara, Director

Re: Petition to Modify the UIC Line in the Lower East Rift Zone, Puna, Hawaii, Hawaii

Gentlemen:

Thermal Power Company (Thermal), operator for the (PGV) which inciudes Amfac Energy, Inc. and Dillingham evolving their geothermal activities from exploration MW power project. The PGV 25 MW Project Area (PGV-PA) is East Rift Zone of Kilauea Volcano, Hawaii (Figure 1).

Puna Geothermal Venture Geothermal, Inc., is to development of a 25 located in the lower

Injection of geothermal fluid is an integral part of any geothermal electric power generation project. The PGV-PA is presently defined as an "Underground Source of Drinking Water" by Hawaii State Underground Injection Control (UIC) regulations. An internal Thermal Power Company geotechnical report which is attached and summarized below, shows that there exists in the lower East Rift Zone, a broad region where geothermal water is present at the top of the basal water and top of the dike-controlled water (see attached report for definition). Geothermal waters are not considered a viable underground source of drinking water. Consequently, Thermal is herein submitting a petition to modify the existing UIC line on the Big Island of Hawaii to include those areas which can be demonstrated as not containing fresh water (Figures 2 and 3). Modification of the UIC line is requested (1) to facilitate the development of the PGV 25 MW Project and (2) to render State UIC regulations consistent with the new technical analysis results.

Any documents, official notices or requests filed with respect to this petition may be addressed to the following Thermal representatives.

Mr. W. L. D'Olier Diamond Shamrock Thermal Power Company 3333 Mendocino Avenue, Suite 120 Santa Rosa, California 95401

Mr. M. A. Richard Diamond Shamrock Thermal Power Company 601 California Street, 17th Floor San Francisco, California 94108

Thermal Power Company A subsidiary of Diamond Shamrock, 3333 Mendocino .t.venue. Suite 120, Santa Rosa. California 95401 Phone 707 576-7022

DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII

25 AUPUNI STREET • HILO, HAWAII 96720

August 27, 1986

TO: Mayor Dante K. Carpenter

FROM: H. William Sewake, Manager

SUBJECT: PETITION TO MODIFY UNDERGROUND INJECTION CONTROL (U. I .C.) LINE THERMAL POWER CO., INC.

Our existing Kapoho Shaft is our sole source of drinking water for the Kapoho Water System.

If the petition is approved to modify the U.I.C. Line, then our Department or the County of Hawaii would be held accountable or liable should there be any degradation to this valuable water source.

Should Thermal Power Co., Inc., persist with their petition, we will have to insist that they provide us an alternate source of drinking water. A water supply pipeline from our Pahoa Water System to tie into the Kapoho Water System is a viable alternative. Approximately five (5) miles of pipeline together with reservoirs will be required.

Your support of our concern will be appreciated •

. Cl{~Jtt~ la»-itL H. William Sewake ·Manager

GK

cc - Department of Health (Oahu Office) ~ision of Water and Land Development

• • • Wafer tringd progredd • ••

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• • -2-

With the exception of the area around Well 9-6, none of the groundwater within the proposed exempted area is currently used as a source of drinking water. However, it is ultimately the decision of the County of Hawaii as to whether or not the area will be developed in the future as a source of drinking water.

The petition, as submitted, does have merit and the establishment of an exempted aquifer in the area would facilitate the development of geothermal resources. However, in view of the points discussed above, the final location of a revised UIC Line in the Kilauea Lower East Rift Zone will be negotiated with the County of Hawaii.

The Department would greatly appreciate any comments and/or technical assistance which you and your staff could provide in this matter. Please direct all comments or inquiries to Mr. Dayton Fraim of the Wastewater Permits Section, Environmental Permits Branch, in writing or by telephone at telephone 548-6410, by September 15, 1986.

Attachment

Sincerely yours,

~ ~MfrSUBARA fv Director of Health

; \ L:. ;~_. L.. : / E 0

GEORGE R. ARJYOSHl

0 f.do~RN!>Jf•01 tfjNAII :.) 3 0 ,.,

9 ]Ut·.vlJ .'! t • (_

n.1 .1~ ~~~ W/l TFR & L~;\u o(: -~ L.LL·i·r·1ENT

• \\

STATE OF H~!~l~ .u·~·.L£tJRCtS DEPARTMENT ~F-,,~~1hi. 1\t_l~~\\

P. 0. BOX'-!3~~,. ~1t. Of \\t\ HONOLULU, HAWAII ~abf'

LESLIE S. MATSUBARA

DIRECTOR OF HEALTH

In reply, please refer to:

The Honorable Susumu Ono Chairperson

August 7, I 986

Department of Land and Natural Resources I 151 Punchbowl Street Honolulu, HI 96813

Dear Mr. Ono:

EPHSD/EPB

Subject: Petition by Diamond Shamrock Thermal Power Co., Inc. (TPC) to Modify the Underground Injection Control (UIC) Line in the Lower East Rift Zone, Puna, Hawaii

The Department of Health has received the attached petition and report requesting that a portion of the Kapoho area of Hawaii be reclassified as an exempt aquifer in accordance with the State of Hawaii, Department of Health Administrative Rules, Title I I, Chapter 23, Section 11-23-04, "Underground Injection Control."

The criteria for exempting aquifers from underground source of drinking water (USDW) status is as follows:

(I) The aquifer does not currently serve as a source of drinking water; and

(2) The aquifer cannot now and will not in the future serve as a source of drinking water because of any of the following criteria:

(A) It is situated at a depth or location which currently makes recovery of water for drinking water purposes economically or technologically impractical; or


(C) The total dissolved solids (TDS) concentration of the ground water is more than five thousand mg/1, and it is not reasonabl~pected to supply a public or private drinking water system. · ""

The data presented in the report attached to the petition does indicate some geothermal influences upon the groundwater chemistry in the area which the petitioner wishes to exempt. However, these geothermal influences do not necessarily preclude the use oKJhe water as drinking water. Of the eight wells within the proposed exempted area for whiCh data is shown, five (62%) appear to contain water of less than 5,000 mg/1 total dissolved solids and one of them is currently used as a source of drinking water (Well 9-6).

•

Ho~jrable L~slie s. Matsubara -2- SEP 17 1986

4. It is further recommended that monitor wells be installed and located east and makai of the exempted aquifer in order to conduct monitoring activities, inspections and periodic samplings to insure the protection of existing or potential water resources in the area.

5. Should there be a degradation of the existing water resource {Kapoho Shaft) due to injection of gases or fluids into the exempted aquifer, the responsibility of providing an alternate source of drinking water should rest solely with the petitioner. Therefore, Thermal Power Co. should be made accountable for replacing the well if any degradation should occur.

Our Department has no objection to the proposed modification of the existing UIC line subject to the conditions outlined above. However, the location of the exempted aquifer shall be dependent upon the county of Hawaii and their final decision as to whether the proposed area will be developed as a source of drinking water in the future.

Thank you for the opportunity to comment on the petition and should you have any further questions, please contact Manabu Tagomori at 548-7533.

MT:DN:ko

Very truly yours,

/ ' -· ~~/ (L;;_ ___ ~~ ·· SUSUMU ONO

Chairperson of the Board

..

~:

--

SEP 17 1986

Honorable Leslie s. Matsubara Director Department of Health P.O. Box 3378 Honolulu, Hawaii 96801

Dear Mr. Matsubara:

r ( '\

.• ." ;· f( ' • ... / \,.-"". l

Petition by Thermal Power Co. to Modify the Underground Injection control (UIC) Line, Puna Hawaii

The Department of Land and Natural Resources has provided the following comments in response to Thermal Power Co.'s petition and attached geotechnical report:

1. The boundaries of the geothermal water and mixed water areas were drawn on the basis of water chemistry data and a generalized geohydrological model. However, the actual lateral extent of these boundaries as depicted in Figure 3 may be subject to further study due to the limited number of data points and wells in the area.

2. The geothermal influences on the groundwater as stated in the report does not preclude the current or future use of Wells 9, 9-6, and GTW-IV found in the mixed water area. subsequent study and exploration of this mixed water zone may result in the discovery and potential development of a future water resource.

3. For the above reasons and the protection of Well 9, it is recommended that the proposed amendment to the UIC line be modified. The shape of the exempted aquifer should be reduced in size and limited to the immediate area of the existing wells and should not extend beyond Well 9-6 in the northwesterly direction. The proposed exempted aquifer should be modified so that injection wells north and west of Well 9 do not endanger the quality of underground resource in the area.

- •

"

UIC PERl.UT PROCESSING FLO\\' CHART Proposed Well or Permit to :'-1odi fy

J, Excluded Facility Initial Application -'"{No Fee} l...t_ Return Fee - (D and l End Processing Filing Fee Ill

1 Govt Agency Private Owned ~

Request Fee ~ -.Exempt Prohibited Activity [.- Receive Fee -- . Denial ,,

Incomple~e Applicatio~ I l Initial UIC Review .1-

Return to Aoplicantj I J. ~ ,,------"""*' ~.---,

~) l..o Completed Applicatio~ ..

"'· ~Appeal ~ Assign File No. External Revie'lo.·: -.. l lL

I'" ~ DHO Dept. of Kater Supply

}Denial }' Drinking Kater ,It __J

Binding Deniall ..... '~

Public ~otice f' q • 1.1 ~{"nng-

(4) If Required \3_: ~ •4 Appro,•al to Construe~

JExtensionf (51 •II

-- - Construct· on I I ....

1Extensionj Incomplet~ G, J, r Final Submittal Return J

~ Completecl

(7: ~j r Final ~

Revie\d UIC Revie ...... L ·!External tr

j w !Denial I Permit to : ~ Courtesy Copies:

! Operate ® ~1odify DHO

fAppeal 1 Assign Fac. !D NO. D'k'S ... ! DW

USGS TBinding Deniall

.

• 3. A public notice of the proposed activity may be required dependent upon the

project's location. A public hearing may result from the public notice dependent upon public response.

4. When all conditions of the initial application are met and are satisfactory, the Department issues a letter to the applicant granting an approval to construct and test the proposed injection well.

5. The applicant then constructs the injection well and performs required injection testing of the well.

6. The "final submittal" or final application submittal consists of an engineer/geologist report summarizing the results of the construction and testing of the injection well. The format for this engineer/geologist report is specifically outlined in the initial application instructions.

7. The UIC program staff reviews the final submittal.

8. A UIC permit to operate is issued when all conditions in the final submittal are satisfactory. The permit is generally issued for a maximum duration of five years. The permit includes effluent monitoring requirements and general provisions. A unique identification number is assigned to the facility and the injection well.

If you have any quetions, please c;ontact Chauncey Hew at the Safe Drinking Water Branch at 548-2235.

JOHN WAIHEE GOVEIINOII OF HAWAII

JOHN C. LEWIN, M.D.

STATE OF HAWAII DEPARTMENT OF HEALTH

P. 0. BOX 3378

HONOLULU, HAWAII 96801

DIRECTOR OF HEALTH

In reply, please refer to:

UNDERGROUND INJECTION CONTROL PROGRAM

The following is a simplified description of the Underground Injection Control (UIC) program.

1. What: The UIC program was created to protect underground sources of drinking water from contamination from injection well activity. Injection wells are wells that dispose fluids into the subsurface.

2. When: UIC rules have been in effect since July 1984.

3. Why: Over 90% of the State's drinking water comes from underground sources.

4. How: The protection of underground sources of drinking-water is done by: a. evaluating injection well activities and b. regulating injection wells through a UIC permit.

5. Where: Statewide-- all injection wells whether existing prior to July 1984 or

6.

made after July 1984 must have a UIC permit to operate.

Contact person: Chauncey Hew Geologist Safe Drinking Water Branch Environmental Management Division State Department of Health P. 0. Box 3378 Honolulu, Hawaii 96801-9984 Telephone: 548-2235

Attached is a flow chart that describes the UIC application process leading to the issuance of a UIC permit. The highlighted boxes are the primary steps of the process. The following numbered items corresponds to the numbered highlighted boxes and provides a brief explanation.

1. A standard application form must be completed which generally describes the proposed injection well activity. A filing fee of $100.00 is required. The initial application is submitted before any construction occurs.

2. The UIC program staff reviews the initial application and determines if the application is satisfactory or if additional information is needed. The application (project) is assigned a file number.

EPHSD

··--

-19-

SECTION 11-23-IB(a), MONITORING AND REPORTING REQUIREMENTS.

' I

Original: The operator of any injection well or wells shall keep. detailed records of the·

operation of the well or wells, including, but not limited to, the type and

quantity of injected fluids, and the method md rate of injection for each well.

Proposed: The operator of any injection well or wells shall keep detailed records of the

operation of the well or wells, including, but not limited to, the type and

quantity of injected fluids, and the method and rate of injection for each well.

The operator shall also monitor for, and conform to, such limitations on quantity

and quality of the injected fluid as is deemed appropriate by the-director.

Rationale: The proposed amendment allows for the-establishment of effluent limitation for

the particular activity at an injection facility.

SECTION 11-23-21, PENAL TIES. - last two sentences.

Original: Civil penalties shall be recoverable for any program violation in, at least, the

amount of $2,500 per day, not to exceed $5,000 per day. Criminal fines shall be

recoverable in, at least, the amount of $5,000 per day against any person who

willfully violates any program requirements.

Proposed: Civil penalties shall be recoverable for <11y program violation in, at lea(f, the

amount of $2,500 per day, not to exceed $25,000 per day. Criminal fines shall be

recoverable in, at least, the amount of $5,000 per day, not to exceed $25,000 per

day, against any person who willfully violates any program requirements.

Rationale: The proposed changes are made to conform to recent changes to the Federal

Safe Drinking Water Act.

-18-

Section 11-23-ll(e)

Original: Notwithstanding any other provision of this section, the department shall issue a

cease and desist order, effective immediately, upon receipt of information that a

contaminant which is present in, or likely to enter, a system supplying water for

human consumption, poses an imminent and substantial danger to the health of a

person or persons.

Proposed: Notwithstanding any other provision of this section, the department shall issue a

cease and desist order, effective immediately, upon receipt of information that a

contaminant which is present in, or likely to enter, a system, or underground

source of drinking water, supplying water for human consumption, poses an

imminent and substantial danger to the health of a person or persons.

Rationale: The proposed wording is made to conform to recent changes to the Federal

Safe Drinking Water Act.

SECTION ll-23-13(c), SUBMISSION OF DATA.

Original: None

Proposed: Applicants for proposed subclass C or subclass D injection wells shall not be

required to submit the information required under subsection (a)(IO), (aX14),

(a)( 15), (a)( 17), (aX 19), (a)(20), and (a)(21 ).

Rationale: This section addresses the concerns noted by the County of Hawaii with

respect to dry wells and overflow wells.

-17-

SECTION 11-23-11, OPERATING CONDITIONS.

Original: Section 11-23-ll(b)

No person shall construct, operate, maintain, convert, plug, abandon or conduct

any othet injection activity in a manner which allows the movement of fluid

containing a contaminant into underground sources of drinking water, if the

. presence of that contaminant may cause a violation of any primary drinking

water rule or may otherwise adversely affect the health of one or more persons.

Proposed: No person shall construct, operate, maintain, convert, plug, abandon or .conduct

any other injection activity in a manner which allows the movement of fluid

containing a contaminant into underground sources of drinking water, if the

presence of that contaminant may cause a violation of any national or state

primary drinking water rule or may otherwise adversely affect the health of one

or ·more persons.

Rationale:,The proposed wording is made to conform to recent changes to the Federal Safe

Drinking Water Act.

Section ll-23-ll(c)(2)

Original: Chapter 11-57, "Private Wastewater Treatment Works and Individual Wastewater

Systems"

Proposed: Chapter 11-62, "Wastewater Management"

Rationale: Chapter 11-57 was repealed and will be replaced by Chapter 11-62.

-16-

Rationale: The change is also intended to accommodate the flawaii County Department of

Water Supply's proposed revision.

Original: Section ll-23-09(c) - first sentence:

For a proposed subclass B injection well which is sited mauka of the UIC

boundary line, in addition to meeting the minimum distance requirement of

subsection (a), the department of health shall require the applicant to submit

water quality data representative of local conditions as part of the application.

Proposed: For a proposed injection well which is sited mauka of the UIC boundary line,

in addition to meeting the minimum distance requirer:nent of subsection (a), the

department shall require the applicant to submit water quality data

representative of local conditions as part of the application.

Rationale: The proposed change is made in conjunction with the proposed changes in Section

11-23-06 to accommodate the new classification of subclass C, D and E injection

wells. In addition, the proposed change also accommodates the proposed change

in section I 1-23-0S(b).

-15-

SECTION 11-23-09, SITING AND PRE-CONSTRUCTION REQUIREMENTS.

Original: Section ll-23-09(a) - first sentence.

· .· Any new injection well shall be sited beyond an area which extends at least one

quarter mile from any part of a drinking water source. ··

Proposed: Any new injection well, other than subclass D injection wells, shalt be sited

beyond an area which extends at least one-quart.er mile from any part of a

drinking water source.

Rationale: The change is intended to accommodate the Hawaii County Department of Water

Supply's proposed revision.

Section ll-23-09(b) - first sentence:

Original: Where the surface expression of an existing drinking water source drawing from

an artesian aquifer is located in an exempted caprock aquifer, a new injection

well shall be located, in addition to subsection (a), outside an area measuring

one-half mile wide, which is bisected by a line running hydrologically upgradient

from the surface expression of the drinking water source to the UIC boundary

line•

Proposed: Where the surface expression of an existing drinking water source drawing from

an artesian aquifer .is located in an exempted caprock aquifer, a new injection

well, other than a subclass D injection well, shall be located, in addition to sub

section (a), outside an area measuring one-half mile wide, which is bisected by a

line running hydrologically upgradient from the surface expression of the

drinking water source to the UIC boundary line.

-14-

SECTION 11-23-07, PROHIBITION.

Original: Section 11-23-07(b)

No new subclass A or AB well shall be constructed or operated in a non

exempted aquifer after the effective date of this chapter.

Proposed: No new subclass A well shall be constructed or operated in a

non-exempted aquifer after the effective date of this chapter.

Rationale: The proposed change is made in conjunction with the proposed change in

section 11-23-0S(b) as petitioned by the BlAH.

Original: None

Proposed: Section I 1-23-07(c)

Without exception, any injection well disposing hazardous waste or radioactive

waste shall not be permitted to be constructed, operated or to exist in the State.

Rationale: The proposed change is made to emphasize the department's position on

the prohibition of injection wells disposing hazardous or radioactive waste.

-13-

Rationale: This section creates a separate subclass in conjunction with the County of

Hawaii's (Department of Water Supply) request to exclude drainage pits from the

UIC requirements of testing and minimum spacing from potable sources. The

County contends that the drainage pits are intended to receive overflows or

relief flows from a potable water well.

Original: None

Proposed: Section ll-23-06(b)(6)

Subclass E. Injection wells which inject only into special geothermal exempted

aquifers in conjunction with the development and exploitation of geothermal

aquifers. Subclass E injection wells include:

(A) Brine injection wells for the disposal of excess water from the steam

flashing process;

(B) Condensate injection wells for the disposal of condensate from electric

generators; and

(C) Gas injection wells for the disposal of non-condensible gases entrained in

· an aqueous solution.

Rationale: This section identifies injection wells that may be allowed in special geothermal

exempted aquifers.

-12-

In general, dry wells are designed to dispose of rainfall runoff that normally

assumed to be free of pollutants. Since the capacity of a dry well. is determined

as part of a project drainage system design, the County ofHawaii contends that

field testing should not be required.-

The County also contends that the requirement for preparation of well logs is

appropriate for deep wells. However, since most dry wells are shallow (i.e., 20

to 30 feet) the information obtained from well logs are marginal with respect to

the expense entailed.

Orig ina I: !\lone

Proposed: Section ll-23-06(b)(4)

Subclass C. Injection wells which inject surface fluids, i.e., storm runoff,

into any geohydrologic formation.

Rationale: This section creates a separate subclass for drywells in conjunction with County

of 1-tawaii's (Department of Public Works) proposal to deregulate dry wells.

Original: None

Proposed: Section I l-23-06(b)(5)

Subclass D. Injection wells which inject overflows, or relief flows, from potable

water systems into any geohydrologic formation.

-II-

Proposed: Subclass B. Injection wells which inject non-polluting fluids into Cl'ly

geohydrologic formation, including non-exempted aquifers (USDW). Subclass B

wells include:

(A) Air conditioning return flow wells used to return the water used for heating

or cooling in a heat pump;

(B) Cooling water return flow wells used to inject water previously used for

cooling;

(C) Recharge wells used to replenish, augment, or store water in an aquifer;

(D) Salt water intrusion barrier wells, used to prevent the intrusion of salt

water into fresh water, if they inject water of equal or lesser chloride

concentration as that portion of the aquifer into which injected;

· (E) Wells used in aquaculture, if the water in the receiving formation

has, either:

(i) An equal or greater chloride concentration as that of the injected

fluid; or

(ii) A total dissolved solids concentration in excess of five thousand

mg/L

(F) Injection wells used in an experimental technology, which is one that

has not been proven feasible under the conditions in which it is being

tested; and

(G) All wells not included .in subclasses ~ or AB of class V or in classes I

through IV.

Rationale: The County of Hawaii's Department of Public Works proposed this revision to

deregulate drainage wells from the following UIC requirements:

(I) Field testing.

(2) Preparation of well logs by geologist.

-10-

Original: Section I 1-23-06(b)(3) > ..

Subclass B. Injection wells which inject non-polluting fluids into any

geohydrologic formation, including non-exempted aquifers (USDW). Subclass B

wells include:

(A) Air conditioning return flow wells used to return the water used for heating

or cooling in a heat pump;

(B) Cooling water return flow wells used to inject water previously used for

cooling;

(C) Drainage wells used to inject (often by gravity flow) surface fluids,

primarily storm runoff;

(D) Recharge wells used to replenish; augment, or store water in an aquifer;

(E) Salt water intrusion barrier wells, used to prevent the intrusion of salt

water into fresh water, if they inject water of equal or lesser chloride

concentration as that portion of the aquifer into which injected;

(F) Wells used in aquaculture, if the water in the receiving formation has,

either:

(i) An equal or greater chloride concentration as that of the injected

fluid; or

(ii) A total dissolved solids concentration in excess of five thousand

mg/L.

(G) Injection wells used in an experimental technology, which is one that has

not been proven feasible under the conditions in which it is being tested;

and

(H) All wells not included in subclasses A or AB of class V or in classes I

through IV.

-9-

SECTION 11-23-06, CLASSIFICATION OF INJECTION WELLS.

Original: Section ll-23-06(aX4)

Class IV. 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 radioaetive waste disposal sites to dispose of hazardous waste or

radioactive waste into any geohydrologic formation, even if exempted.

Proposed: Class IV. Wells used by generators of hazardous waste or of radioactive waste,

by owners or operators of hazardous waste management facilities, or by owners

or Qperators of radioactive waste disposal sites to dispose of hazardous waste or

radioactive waste into a formation, which, within one-quarter of a mile of the

well, contains m undergrCMld source of drinking water (USOW), even if

exempted.·

Rationale: In the EPA's review of the UIC Program, it was noted that the original definition

may be inadequate as compared to the federal definition. Therefore, the

rewording fulfills the requirement of being at least as stringent as the federal

UIC regulations.

-8-

Original: None

Proposed: Section 11-23-0S(d)

Special geothermal exempted aquifers shall be identified as any area which has

been designated as a Geothermal Resource Subzone, in accordance with

Administrative Rules, Title 13, Chapter 184 of the Depart!'Jlent of Land and

Natural Resources.

Rationale: Administrative Rule, Title 13, Chapter 184 establishes guidelines and

procedures for the designation and regulation of geothermal resource subzones

for the exploration, discovery, development, and production of geothermal

resources for electrical energy production and distribution within conservation,

agricultural, rural and urban districts. In addition, the Department of Land and

Natural Resources (DLNR) regulates the leasing and drilling of geothermal

resources which include injection wells used for the disposal of geothermal

wastes (Administrative Rule, Title 13, Chapter 183). The proposed changes

establishes a consistency between DLNR rules and the UIC Program.

-7-

SECTION 11-23-05, IDENTIFICATION OF EXEMPTED AQUIFERS AND USDW.

Or'igihcll: Section 1··1-23-0S(b)

Unless on aquifer is expressly exempted, as deseribed above or depicted on the

department-issued UIC maps, it is an underground source of drinking water.

Proposed: Unless an aquifer is expressly exempted, as described above or depicted on

the department-issued UIC maps, it is an underground source of drinking water.

However, in areas where the aquifer botn:laries have not been scientifically

established and drinking water sources have not been positively determined, test

borings shall be allowed for this verification; provided that:

(I) If grOundwater is not encountered, depending on the geological formation

and recommendations of a geologist, ooderground injection may be allowed,

and the director may impose requirements deemed necessary to protect ·, potable sOOr'ces; and

(2) If groundwater is encauntered, test scmples shall be taken and malyzed to

determine whether the wafer is potable. If the water is not potable,

undergrOtmd injection shall be allowed, provided that the administrative

rules of the department are complied with.

Rationafe: The proposed changes are considered to be the Building Industry Association of

Hawaii's (BlAH) formal petition for a rule change. The proposed changes would

allow the use of underground injection wells in areas with no established

aquifers.

-6-

Original: "Pollute" means:

(A) To alter the physical, chemical, biological or radiological properties of any

state waters, such that the temperature, taste, potability, mineral content,

turbidity, color or odor of USDW are adversely affected; or

(B) To discharge any liquid, gase9us, solid, radioactive, or other substances,

into any state waters as wilt or is likely to create a nuisance or render such

waters unreasonably harmful, detrimental or injurious to public health,

safety or welfare, including harm, detriment, or injury to public or private

drinking water supplies.

Proposed: "Pollute" means:

(I) To alter the physical, chemical, biological or radio.logical properties of any

state waters, including but not limited to temperature, taste, potability,

mineral-content, turbidity, col.or or odor .of USDW; or

(2) To discharge any liquid, gaseous, solid, radioactive, or other substances,

into any state waters as will or is likely to create a nuisance or render such

waters harmful, detrimental -or injurious to public health, safety or

welfare, including harm, detr-iment, or injury to public or private drinking

water supplies.

Rationale: In the Environmental Protection Agency's (EPA) review of the UIC Program, it

was noted that the definition was "unnecessarily narrow". Therefore, the

deletion of the phrase "adversely affected" and "unreasonably" broadens the

definition along the lines of EPA's definition of "pollution" under the Clean

Water Act.

-5-

Original: "Hazardous waste" means a hazardous waste as defined extensively in Code of

Federal Regulations (CFR), Title 40-Protection of Environment, section 261.3

dated July I; 1981.

Proposed: "Hazardous waste" means a hazardous waste as defined extensively in Code of

Federal Regulations (CFR), Title 40-Protection of Environment, section 261.3

dated November 29, 1985.

Rationale: The revised definition updates the reference to the CFR.

Original: None

Proposed: "Injection pressure":means the head increase in the well bore with respect to the

·... static groundwater: level•

Rationale: Although not used in the Rule, the proposed definition defines a term used in the

UIC permit.

-4-

Original: 1\lone

Proposed: "County" means my eou1ty of the State, including Kalawao

eou1ty on Molokai.

Rationale: This definHion is proposed for consistency with Administrative Rules, Title II,

Chapter 62, Wastewater Management.

Original: "Existing well" means a well which is in operation or has

received official sanction from all of the necessary agencies, before the

effective date of this chapter •

. Proposed: .. "Existing well" means a well which was in operation or had

received official sanction from all of the necessary agencies, before July 6,

1984.

Rationale: The revised definition updates the UIC rvle for clarity and consistency with

the new amendments.

Original: None

Proposed: · "Geohydrologic formation• means my formation capable of

trmsmitting fluids by saturated flow, unsaturated flow or a combination thereof.

Rationale: Reference is made to "geohydrologic formation" in Chapter 23, but the term hod

not previously been defined.

•

-3-

Rationale: The changes proposed in Sections 11-23-02( I) and (2) ore made in order .. to

maintain consistency with Act 282, SLH 1985, "A Bill for an Act Relating to

Environmental Quality" and proposed Administrative Rules, Title ·11, Chapter

62, Wastewater Managern~nt .~.

, The addition of Sections 11-23-02(3) and (4) are to exclude wells which could, but

should not be considered injection wells. The new sections will clearly exclude

those wells from the Department's UIC program and will help the program

function more efficiently.

SECTION 11-23-03, DEFINITIONS.

Original: ·None

Proposedt "Building" means ostructure, permanent or temporary, built, erected and frcmed

of oomponent structural parts designed for the housing, shelter, workplace, enclosure or sUpport of persons, animals or property of any kind.

Rationale: The definition is proposed for consistency with Administrative Rules, Title II,

Chapter 62, Wastewater Management.

Original: "Contaminant" means any substance or matter which causes, directly or

indirectly, a detrimental physical, chemical, biological or radiological change in

the existing water quality; used interchangeably with "pollutant".

Proposed: "Contaminant" means any physical, chemical, biological, or radiological

substance or matter in water.

Rationale: The revised definition is proposed for consistency with HRS Chapter 340E.

-2-

PART II. FORMAT REVISIONS

By direction of the Legislative Reference Bureau (LRB) and pursuant to the procedures

established in Hawaii Administrative Rules Drafting Manual (LRB: June 1984), parts of

Chapter 23 have been reformatted. These reformatting changes do not affect the content

, of the document. Content, or technical cha11ges, are discussed thoroughly in Part Ill of this

Rationale •.

PART Ill. CONTENT OR TECHNICAL CHANGES

SECTION I 1·23-02, SCOPE.

Original: This chapter covers any injection well as herein defined in this chapter.

Excluded from this chapter are:

(I) Individual wastewater systems (IWS) serving single family·residential

households which .generate a volume of domestic sewage less than that

ci-ted in chapter 11-,57, entitled "Privcte Wastewater Treatment Works and

Individual Wastewater Systems", e.g., eight hundred gallons per day (gpd);

and

(2) Non-residential waste disposal systems which receive solely sanitary

wastes where the facility generates less than one thousand gpd.

Proposed: This chapter covers any injection well as herein defined in this chapter.

Excluded from this chapter are:

(I) lndividval wastewater systems (IWS) serving single family residential

househOlds which generate a volume of domestic sewage less than eight

. hundred gallons per day (gpd);

(2) Non-residential waste disposal systems which receive solely sanitary

wastes from buildings that generate less than eight hundred gpd of

wastewater;

(3) Test borings used for geotecmical and/or hydrologic investigations,

provided that those borings are plugged with impermeable material upon

completion of the investigation; mel

(4) Wells which are used for ground stabilization by the injection of a grout or

by vertical relief of excess soil pore pressures.

-I-

PART I. INTRODUCTION

Proposed revisions to Department of Health Administrative Rules, Title II, Chapter

23, Underground Injection Control (hereafter referred to as Chapter 23) are a result of three

petitions:

I. Building Industry Association of Hawaii

2. County of Hawaii, Department of Public Works

3. County of Hawaii, Department of Water Supply

In addition, housekeeping, revisions are incorporated to comply with the U.S.

Environmental Protection Agency's "Safe Drinking Water Act". There are also provisions to

incorporate the identification of geothermal exempt aquifers.

This Revisions Rationale serves to provide an explanation for the changes which are

proposed for Chapter 23. Additional information may be obtained by calling 548-2235 or by

writing to the the following address:

Drinking Water Progrcm

Environmental Protection and Health Services Division

Hawaii Department of Health

645 Halekauwila Street, First Floor

Honolulu, HI '6813

..

•• .<'

.' ~--·

RATIONALE FOR TI-E PROPOSED REVISIONS TO

HAWAII ADMINISTRATIVE RULE3 ..

.. · i

TITLE II

DEPARTMENT OF t-EAL TH

. 23, lNJERGRouN:> INJECTION CONTROL

. . ' •,

'"

BY TI-E

DEPARTMENT OF t-EAL TH

ENVIRONMENTAL PROTECTION AN:> t-EAL TH SERVICES D

DRINKING WATER PROGRAM

HONOLULU, HAWAII

\ \

- -

2. Material, except source notes, to be replaced is bracketed~ New material is underscored.

3. Additions to update source notes to reflect these amendments and compilation are not underscored.

4. These amendments to and compilation of chapter 11-23, Hawaii Administrative Rules, shall take effect ten days after filing with the Office of the Lieutenant Governor.

I certify that the foregoing are copies of the rules, drafted in the Ramseyer format pursuant to the requirements of section 91-4.1, Hawaii Revised Statutes, which were adopted on and filed with the Office of the Lieutenant Governor.


Deputy Attorney General

JOHN C. LEWIN, M.D. Director of Health

department~'of health 3o mjg t> ':- 9

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