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HAWAII ADMINISTRATIVE RULES
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
Inspection and entry
Penalties
Severability
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Sll-23-01
Sll-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
establishin9 	more 	stringent 	standards. 	(Eff. 	7/5/84; 	am 	and
comp 	NOV 	I 2 1992 ] 	(Auth: 	HRS S340E-2) 	(Imp: 	HRS 	S340E-2,
40 CFR Sl44.l)
Sll-23-02 	Sco~e. 	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 one thousand gallons 	per
day 	(gpd);
(2) 	Non-residential 	waste 	disposal 	systems 	which 	receive
solely sanitary wastes from buildings that generate less
than one thousand gpd of wastewater;
(3) 	Test 	borings 	used 	for 	geotechnical 	and/or 	hydrologic
investigations, provided that those borings are plugged
with 	impermeable 	material 	upon 	completion 	of 	the
investigation; 	and
(4) 	Wells 	which 	are 	used 	for 	ground 	stabilization 	by 	the
injection 	of 	a 	grout 	or 	by 	vertical 	relief 	of 	e~cess
soil 	pore 	fressures. 	(Eff. 	7/6/84; 	am 	and
comp 	NOV 	21992 	] 	(Auth: 	HRS 	S340E-2)
(Imp: 	HRS S340E-2, 40 CFR SS144.l(e), 146.l and 146.5)
Sll-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.
"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.
"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.
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"Building" means a structure, 	permanent or temporary, 	built,
erected and 	framed 	of 	component 	structural parts 	designed 	for 	the
housing, 	shelter, 	workplace, 	enclosure 	or 	support 	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".
"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; 	used
interchangeably with 	"aquiclude".
"Contaminant" 	means 	any 	substance 	or 	matter 	which 	causes,
directly 	or 	indirectly, 	a 	physical, 	chemical, 	biological, 	or
radiological 	change 	in 	the 	existing 	water 	quality; 	used
interchangeably with 	"pollutant".
"County" 	means 	any 	county 	of 	the 	State, 	including 	Kalawao
county on Molokai.
"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 thersof that
is exempted from being u·sed as an USDW by the director.
"Existing well" 	means 	a well 	which was 	in 	operation 	or 	had
received 	official 	sanction 	from 	all 	of 	the 	necessary 	agencies,
before July 6, 	1984.
"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.
"Geohydrologic
transmitting 	fluids
combination thereof.
formation" 	means 	any 	formation
by 	saturated 	flow, 	unsaturated
capable 	of
flow 	or 	a
"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.
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"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, 	1990.
"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 for~ing 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 pressure" means the head increase in the well bore
with respect to the static ground water level; where head refers to
the 	total 	energy 	of 	the 	fluid 	at 	any 	given 	point; 	and 	in 	ground
water the main components of head are elevation and pressure.
"Injection well" means a well 	into which subsurface disposal
o-f 	fl_uid 	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:
(1) 	To 	alter 	the 	physical, 	chemical, 	biological 	or
radiological 	properties 	of 	any 	state 	waters 	or 	USOW,
including 	but 	not 	limited 	to 	temperature, 	taste,
potability, 	mineral 	content, 	turbidity, 	color or odor;
or
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(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, 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 unde=ground 	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 usow.
"Underground source of drinking water (USDW)" means an aquifer
or its portion:
( 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 	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.
The publications referred to or incorporated by reference in
this 	chapter 	are 	available 	from 	the 	offices 	of 	the 	department 	of
health. 	{Eff. 	7/6/84; 	am 	and 	comp 	NOV 	121992 	J
(Auth: 	HRS S340E-2) 	(Imp: 	HRS S340E-2, 	40 CFR SS144.3 and 146.3)
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S11-23-04 	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
eve-ry 	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. 	[Eff. 	7/6/84; 	am 	and 	comp 	NOV 	121992]
(Auth: 	HRS S340E-2) 	(Imp: 	HRS S340E-2, 	40 CFR S5144.7, 	146.4 and
146.52)
Sll-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:
(l) 	Where the volcanic formation is a non-artesian aquifer,
the entire geologic column; 	or
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(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.
(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. 	7/6/84; 	am 	and 	comp NOV 	12 190? 	] 	(Auth: 	HRS S340E-2}
(Imp: 	HRS S340E-2, 	40 CFR SS144.7 and t;6.4}
S11-23-06 	Classification 	of 	injection 	wells. 	(a) 	The
department shall 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 	prohibited 	and 	are
defined a·s 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:
(2)
(A) 	Generators 	of 	hazardous 	waste 	or 	owners 	or
( B)
Class
(A)
(B)
(C)
operators 	of
facilities; 	and
hazardous 	waste 	management
Disposers 	of 	industrial 	and 	municipal 	waste
fluids.
II. 	Wells which inject fluids:
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;
For enhanced recovery of oil or natural gas; 	and
For 	storage of 	hydrocarbons which are 	liquid 	at
standard temperature and pressure.
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(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 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 	fo:-mation 	or 	a 	forma~ion, 	which, 	within
one-quarter 	of 	a 	mile 	of 	the 	well, 	contains 	an
underground 	source 	of 	drinking 	water 	(USDW), 	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 wel.ls; 	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 	formation, 	including
underground sources of drinking water. 	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;
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(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 A, AB, c, o,
or E of class V or in classes I 	through IV.
(4) 	Subclass 	C. 	Injection 	wells 	which 	inject 	surface
fluids, 	i.e., 	storm 	runoff, 	into 	any 	geohydrologic
formation.
(5) 	Subclass o. 	Injection wells which inject overflows, or
relief 	flows, 	from 	potable 	water 	systems 	into 	any
geohydrologic formation.
(6) 	Subclass E.
(A) 	Injection 	wells 	associated 	with 	the 	development 	and
recovery 	of 	geothermal 	energy, 	provided 	that 	the
geothermal 	effluent 	will 	be 	injected 	at 	a 	depth 	that
will 	not 	be 	detrimental 	to 	underground 	sources 	of
drinking water. If injection is to occur below the basal
water 	table, 	the 	receiving 	formation 	water 	shall 	be
tested and injection allowed if the receiving water 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/1; 	or
(iii) 	An 	equivalent 	or 	lesser 	water 	quality than 	the
injected fluid.
(B) 	Subclass E injection wells include:
(i) 	Brine injection wells 	for the disposal of excess
water from the steam-flashing process;
(ii) 	Condensate 	injection 	wells 	f~r 	the 	disposal 	of
condensate from electric generators; 	and
(iii) 	Gas 	injection 	wells 	for 	the 	disposal
of non-condensible gases entrained in an aqueous
solution. 	[Eff. 	7/6/84; 	am 	and
comp 	NOV 	121992 	] 	(Auth: 	HRS 	S340E-2)
(Imp: 	HRS S340E-2, 	40 CFR S5144.6 and 146.5)
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Sll-23-07
Sll-23-07 	Prohibition. 	(a) 	Without exception, any injection
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.
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 well shall be constructed or operated
in an underground source of drinking water after July 6, 	1984.
(c) 	No 	injection well 	owner 	or 	operator 	shall 	construct,
operate, maintain, 	or close its injection well unless authorized by
this chapter, 	a permit, 	or an order to do so.
(d} 	No injection well owner or operator shall 	violate 	any
term 	of 	any 	written 	autho:-ization, 	including 	those 	relating 	to
inspection, 	monitoring, 	recordkeeping, 	and 	reporting.
[Eff. 	7/6/84; 	am 	and 	comp NOV 	121992 	J 	(Auth: 	HRS S340E-2)
(Imp: 	HRS S340E-2, 	40 CFR SS144.ll, 	144.12, 	144.24 and 146.52)
Sll-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 	satisfaction 	of the 	requirements
set forth in paragraphs 	(1) 	and 	(2), 	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 compl~c),.q9e with the law and this 	chapter. 	{Eff. 	7/6/84 	;
am and comp 	NUV 	12 1992 ] (Auth: 	HRS S340E-2) ( Imp: 	HRS S340E-2)
23-10

S11-23-09
S11-23-09 	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 	inc:ludes 	not only the
sur-face 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) 	of this section, 	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 	injection well which is 	sited mauka of
the UIC boundary line, 	in addition to meeting the minimum distance
requirement in subsection (a) 	of this section, 	the department shall
require 	the 	applicant to 	submit water quality data 	representative
of local conditions as part of the application. 	Where water quality
data 	is 	lack_ing 	or 	insufficient 	to 	determine 	the 	areal 	water
quality, 	the 	deP.artment 	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 "Rules Relating To 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 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.
23-11

Sll-23-09
(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 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 construct.ion methods ancl
progress. 	. 	[Eff. 	_7/6/84; 	. 	am 	and 	• 	comp 	NOV 	12 :Jg2 	J
(Auth: 	HRS 	S340E-2) 	(Imp: 	HRS 	SS340E-2 	and 	340E-9,
40 CFR SS144.12, 	144.51 and 146.6)
Sll-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:
(l) 	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., 	whichever is greater.
(b) 	The 	locations of 	artesian 	aquifer 	areas 	are described
generally. 	The 	major 	areas, 	which 	have 	an 	extensive 	caprock
formation, 	include:
23-12

S11-23-10
( 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 	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 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:
_ 10 	-so 	90 100 110 130 i5o 110 190 210 230 250
(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.
(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) 	of this section.
(f) 	Where 	artesian 	aquifer 	conditions 	are 	unexpectedly
encountered, 	the applicant may choose to:
(l) 	Abandon and properly seal the injection well with neat
cement and request approval 	for 	a new location; 	or
23-13

S11-23-10
(2) 	Modify the depth of the injection well or wells so that
it conforms with subsection 	(a)(l), 	[Eff. 	7/6/84; 	am
and 	comp 	NO\' 	12 i992 	] 	(Auth: 	HRS 	S340E-2)
(Imp: 	HRS S340E-2, 	40 CFR SS144.ll and 144.12)
Sll-23-11 	Ooerating conditions. 	(a) 	No injection well shall
be 	operated, 	modified 	or 	otherwise 	utilized without 	a 	UIC 	permit
issued 	by 	the 	department. 	Only 	subclass 	C 	wells 	that 	meet 	the
requirements of section ll-23-12(f) 	shall be exempt from obtaining
a UIC permit to operate.
(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 cause a violation of any national or state 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, 	Hawaii 	Administrative 	Rules, 	regulating
various aspects of water quality and pollution, and chapters 342-B,
342-D, 	342-F, 	342-H, 	342-J, 	342-L, 	and 	342-N, 	HRS. 	The 	rules
include:
( 1) 	Chapter 	11-20, 	"Rules 	Relating 	To 	Potable 	Water
Systems";
(2) 	Chapter 11-62, 	"Wastewater Systems"; 	and
(3) 	Chapter 11-55, 	"Water Pollution Control".
(d) 	The operation of all injection wells shall also conform
to any limitations on quantity and quality of the injected fluid as
are 	deemed 	appropriate 	by 	the 	director 	for 	the 	purposes 	of 	this
chapter.
(e) 	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.
( f) 	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. 	7/6/84; 	am 	and 	comp 	NOV 	121992]
(Auth: 	HRS S340E-2) 	(Imp: 	HRS SS340E-2 	and 	340E-4, 	40 CFR
SS144.11, 	144.12, 	144.24, 	144.25, 	144,31, 	144.40 and 146.52)
23-14

S11-23-12
S11-23-12 	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. 	Only
subclass 	c wells 	that meet 	the 	requirements 	in 	subsection 	(f) 	of
this section shall be exempt from obtaining a UIC permit to operate.
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;
(2) 	Are operated by the same person;
(3) 	Are similarly designed;
(4) 	Serve the same purpose; 	and
(S) 	Inject 	into the 	same 	aquifer or 	injection zone 	at 	the
same property.
(d) 	All 	applications 	shall be submitted with a 	filing 	fee
of Sl00 for each application. 	Any government agency shall be exempt
trorn 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 potices 	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.
23-15

Sll-23-12
( f) 	All 	applications 	for 	the 	use 	of 	subclass 	C 	wells 	to
inject 	storm 	runoff 	shall 	be 	reviewed 	by 	the 	department 	for 	the
determination of whether or not 	an applicant 	shall be required to
obtain a UIC permit to operate the wells. 	The determination for an
exemption 	of 	a 	UIC 	permit 	for 	such 	wells 	shall 	be 	made 	by 	the
director and shall be predicated on the conditions submitted in the
UIC 	application. 	If 	an 	exemption 	is 	granted, 	the 	operating
conditions 	as 	submitted 	in the 	application 	shall remain unchanged
for the subclass C wells . 	.If any of the operating conditions should
change over time, 	a new application shall be submitted by the owner
of 	the 	wells 	for 	review 	by 	the 	department 	for 	the 	purpose 	of
determining 	the 	need 	for 	a 	UIC 	permit. 	The 	determination 	for 	a
permit exemption shall be ba3ed on, 	but not 	limited to:
(1) 	The location and design of the injection wells;
(2) 	The 	surrounding 	land 	areas 	contributing runoff 	to 	the
injection wells;
(3) 	The potential for the inclusion of contaminants in the
runoff;
(4) 	The impact on underground sources of drinking
water; 	and
(5) 	The 	comments 	received 	during the 	public 	notice period
or 	public 	hearing, 	or 	both, 	for 	proposed 	subclass 	C
wells 	injecting 	into 	underground 	sourcn~~f,1
cJf ~nt;
water. 	[Eff. 	7 /6/84; 	am 	and 	comp .mJ..W , ~-. .., 	J
(Auth: 	HRS S340E-2) 	(Imp: 	HRS S340E-2, 	40 CFR SS144.24
and 144.33)
Sll-23-13 	Submission 	of 	data. 	(a) 	Each 	applicant 	shall
provide the following:
(l) 	Facility name and description;
( 2) 	Facility 	location, 	including 	street 	address 	and 	zip
code;
(3) 	Tax map key 	(TMK) 	number 	and map at the most detailed
scale available, 	showing the 	location of the proposed
injection well 	or 	wells 	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-(iUarter 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;
23-16
1 582

(8)
( 9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
Sll-23-13
Name of proposed operator;
Nature and source of injected fluid;
Proposed 	design 	capacity 	and 	operating 	volume 	of
injected fluid;
Number 	and 	type 	of 	injection 	wells, 	including
construction materials and procedures;
Elevation section for proposed well or wells, 	as found
on the application form;
Description 	of 	injection 	system, 	including 	emergency
standby 	or 	monitoring 	wells, 	if 	any, 	and 	system
blueprints;
Details of proposed injection testing, 	the duration of
which 	shall 	be 	for 	not 	less 	than 	twelve 	hours, 	and
preferably for twenty-four hours;
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;
Number 	of 	each 	type 	of 	injection 	well 	actually
constructed, 	including emergency standby and monitoring
wells, 	if any;
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;
Elevation 	section, 	as 	found 	on 	the 	application 	form,
showing exact final dimensions for each of the injection
wells and materials used in construction;
Complete results of injection testing, including maximum
capacity;
Water quality data, 	if required;
Nature and source of formation water;
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.
23-17

S11-23-13
(b) 	When the application is 	for a proposed injection well,
the 	applicant 	shall 	first 	submit 	the 	information 	required 	under
subsection (a)(l) to 	(a)(lS) of this section. 	This submittal shall
be 	prepared 	and 	signed 	by 	a 	licensed 	professional 	engineer 	or 	a
geologist. 	When an application is prepared by an engineer it shall
also bear the professional seal of the engineer. 	No authorization
to construct shall be issued until the information is provided.
(c) 	Upon completion of the proposed injection well(s), 	the
applicant 	shall 	submit 	the 	information 	required 	in 	subsection
(a)(l6) to (a)(22) of this section. 	This submittal shall be signed
by the licensed professional engineer and geologist who prepared the
documents 	and 	bear 	the 	professional 	seal 	of 	the 	engineer. 	No
authorization to operate 	shall 	be 	issued until the 	information is
provided.
(d) 	Applicants 	for 	proposed 	subclass 	C 	or 	subclass 	D
injection 	wells 	shall 	not 	be 	required 	to 	submit 	the 	information
required in subsection (a)(lO), 	(a)(l4), 	(a}(lS), 	(a)(l7), 	(a)(l9),
(a)(20), 	and 	(a)(21) 	of 	this 	section, · unless 	any or 	all 	of 	these
subsections 	are 	deemed appropriate 	and 	are 	specificp)xl,y f~~a ~ ed
by 	the 	director. 	[Eff. 	7/6/84; 	am 	and 	comp 	NUV 	L 1;/~ ~ -]
(Auth: 	HRS 	S340E-2) 	(Imp: 	HRS 	SS340E-2 	and 	340E-9,
40 CFR SS144.25, 	144,26 and 144.33)
Sll-23-14 	Public 	notice 	of 	prooosed 	wells 	injecting 	into
USOW. 	(a) 	The 	director 	shall 	notify 	the 	public 	of 	every
applicatio.n 	for 	a 	well 	proposing 	to 	inject 	into 	an 	under-ground
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
23-18

S11-23-15
(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
extended at
(C)
(1)
(2)
(3)
(4)
. ( 5)
the 	UIC 	application. 	The 	period 	for 	comment 	may 	be
the discretion of the director.
The public notice shall include at least the following:
Name, 	address 	and 	phone 	number 	of 	the 	agency 	issuing
the public notice;
Name and address of each applicant;
Brief 	description 	of 	each 	applicant's 	activities 	or
operations which intend to utilize the injection wells
described in the UIC application;
A 	brief 	description 	of 	the 	procedures 	for 	the
formulation 	of 	final 	determinations, 	including 	the
thirty-day comment period required by subsection (b) of
this 	section 	and 	any 	other 	means 	by 	which 	interested
persons 	may 	influence 	or 	comment 	upon 	those
determinations; 	and
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. 	7/6/84; 	am 	and
comp 	NOV 	121992 	] 	(Auth: 	HRS 	S340E-2)
(Imp: 	HRS S340E-2, 	40 CFR Sl45.31)
S11-23-15 	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.
23-19

S11-23-15
(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.
(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 descr~ptio~ 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
(9)
documents; 	and
A 	brief 	description 	of 	the 	nature 	of
including 	the 	rule~oir~ tf~§~ures 	to
[Eff. 	7/6/84; 	comp 	J (Auth:
(Imp: 	HRS S340E-2, 	40 CFR S145.31)
23-20
the 	hearing,
be 	followed.
HRS S340E-2)
~ 	.. ,..... "

S11-23-17
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)(l)
to (a)(3) 	of this section, 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.
(c) 	The director may 	issue a 	UIC permit 	for 	any period of
time, 	not to exceed five years.
(d) 	The director 	shall 	review applications 	for 	reissuance
of UIC permits. 	Applications for reissuance must be filed at least
180 	days 	prior 	to 	UIC 	permit 	expiration. 	UIC 	permits 	may 	be
reissued based upon the submission and review of data, 	as outlined
in section 11-23-13, -as.deemed appropriate by the -director at that
time.
(e) 	The 	UIC 	permit 	shall 	not 	be 	transferable 	from 	the
injection well 	owner 	to 	any other 	person 	without 	the 	approval 	of
the director. 	Request for transfer from one person to another shall
be made on an application form furnished by the director along with
any 	other 	data 	deemed 	appropriate. 	[Eff. 	7/6/84; 	am 	and
comp 	NOV_ 	1? fOQ? 	] 	(Auth: 	HRS S340E-2) 	( Imp: 	HRS SS340E-2, and
340E-9, 40 6tR·t5i44.11, 	144.12, 144.36, 144.38, 144.39 and 144.41)
S11-23-17 	Existing 	injection 	well 	registration. 	(a) 	The
application 	procedures 	for 	a 	UIC 	permit, 	as 	stated 	in 	section
11-23-12, 	shall 	apply 	to 	owners 	of 	existing 	injection 	well
facilities.
(b) 	By August 	6, 	1984, 	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 ll-23-13(a)(l) 	through 	(a)(7).
23-21

Sll-23-17
(c) 	The owner or operator of any existing injection well or
wells 	shall 	further, 	by January 	6, 	1985, 	submit to the department
information 	concerning 	the 	construction 	and 	operating
characteristics 	of 	such 	existing 	wells 	as 	required 	by 	section
ll-23-13(a)(l6) 	through 	(a)(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 	by 	July 	6, 	1985. 	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)(l).
(e) 	By July 	6, 	1987, 	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 th~ 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.
(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 	s~,~~~ded 	or 	revoked .. 	[Eff. 	7/6/84; 	am 	. and
comp 	·NOV 	1t.. 	\:J':ll] 	(Auth: 	HRS S340E-2) 	( Imp: 	HRS S340E,:2,
40 CFR 5S144.15, 	144,26, 	144,31, 	144.33 and 146.52)
Sll-23-18 	Monitoring 	and 	reoorting 	reouirements. 	(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.
23-22

Sll-23-20
(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
improP.er 	operation 	of 	the 	well 	or 	wells. 	[Eff. 	7 /6/84;
comp 	NOV 	121ag2 	) 	(Auth: 	HRS S340E-2) 	(Imp: 	HRS S340E-2,
40 CFR SS144.S! 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
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 schedule the plugging so that departmental staff may
be 	present 	to 	monitor 	the 	abandonment 	operation. 	[Eff. 	7 /6/84;
. comp NOV 	1? 1a92 	) 	(Auth: 	-HRS S340E-2) 	( Imp: 	HR:S S340E-2,
40 CFR SS144.4~ and 144.52(a))
Sll-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:
(l) 	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.
23-23

Sll-23-20
(b) 	In taking any action the director may consider operating
records, 	compliance investigations, 	or other information regarding
the 	injection 	well 	facili~y 	or 	ir_g,pact 	on 	the 	OSDW 	aquifer.
[Eff. 	7/6/84; 	comp 	NOV 	12199t 	] 	(Auth: 	HRS 	340E-2)
(Imp: 	HRS 340E-2, 	40 CFR 5145.31)
right:
Sll-23-21 	Inspection and entry. 	The director shall have the
(l)
(2)
(3)
To enter premises on which any injection well system is
located;
To inspect any equipment, operation, or sampling of any
injection well 	system;
To take effluent samples from any injection well system;
and
(4) 	To 	have 	access 	to 	and 	copy 	any 	record 	required 	to 	be
kept 	,iPHfS~~fggzto 	this 	chapter. 	[Eff. 	and
comp 	NUV 	l 	] 	(Auth: 	HRS 	340E-2, 	340E-9)
(Imp. 	HRS 340E-2, 	340E-9; 	40 CFR 144.51)
Sll-23-22 	Penalties. 	Any person who violates any provision
of 	this 	chapter 	shall 	be 	subject 	to 	the 	penalties 	provided 	in
section 340E-8, 	HRS. 	Compliance with a 	corrective order shall not
excuse 	the 	basic 	violatj.on. 	(Eff. 	7/6/84; 	am, 	comp 	and 	ren
Sll-23-21 	NOV 	121992 	] 	(Auth: 	HRS 	S340E-7)
·(Imp:- 	HRS S340E-8, 	40 CER SS144.ll and 145.13)
Sll-23-23 	Severabilitv. 	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, 	shal 1 	not 	be 	affected 	thereby. "
[Eff. 	7/6/84; 	comp 	and 	ren 	Sll-23-22 	NOV 	121902 	l
(Auth: 	HRS S340E-9) 	(Imp: 	HRS S340E-9) 	~
23-24

The 	amendments 	to 	and 	compilation 	of 	Hawaii 	Administrative
Rules, 	Title 11, 	Chapter 23,-lln.der~round Injection Control, 	on the
Summa~.¥,.. 	1:,aae-...9.ated 	~ 	2 f:f JB 	were 	adopted 	on
___~	__i_c__~---'------' 	following a public hearing conducted on
June 13, 	1991 by means of a tele-video conference communication
held 	on 	Oahu 	with 	simultaneous 	transmission 	to 	Hilo, 	Hawaii 	and
Lihue, 	Kauai, 	after the public notice was 	printed in the Honolulu
Advertiser, 	Hawaii 	Tribune-Herald, 	West 	Hawaii 	Today, 	Maui 	News,
and Kauai Times, 	on April 24, 	1991.
These rules shall take effect ten days after filing with the
Office of the Lieutenant Governor.
APPROVED AS TO FORM:
APPROVED:
JOHN WAIHEE
Governor
SEP 	2 8
State of Hawaii
Dated: NOV 	O 2 1992
---------------
Filed