---
kind: "section"
citation: "40 C.F.R. § 146.15"
title: "40"
number: "146.15"
heading: "Class I municipal disposal well alternative authorization in certain parts of Florida."
url: "https://uscodex.org/cfr/40/146.15"
---

# §146.15. Class I municipal disposal well alternative authorization in certain parts of Florida.

- (a) Existing Class I municipal disposal wells in specific geographic regions as defined in [paragraph (f)](#f) of this section may continue to inject without violating the regulatory prohibitions in Parts [144](/cfr/40/part144.md) and [146](/cfr/40/part146.md) of this chapter against the movement of injection or formation fluids into a USDW, provided that such wells meet the requirements of this section, even if the Director determines they have caused or may cause fluid movement into a USDW. Nothing in this section excuses such Class I municipal disposal wells from meeting all other applicable State and Federal requirements including [40 CFR 144.12(a)](/cfr/40/144.12.md?p=a).
- (b) For purposes of this section, an existing Class I municipal disposal well is defined as a well for which a complete UIC construction permit application was received by the Director on or before December 22, 2005.
- (c) For purposes of this section, the determination that a Class I municipal disposal well has caused or may cause movement of injection or formation fluids into a USDW may be made by the Director based on any relevant data available to him/her, including ground water monitoring data generated pursuant to regulatory requirements governing operation of Class I municipal disposal wells.
- (d) In order for a Class I municipal disposal well to qualify for authorization to inject pursuant to [paragraph (a)](#a) of this section, the Owner/Operator of that well shall:
  - (1) Develop and implement a pretreatment program that is no less stringent than the requirements of Chapter 62-625, Florida Administrative Code, or have no significant industrial users as defined in that chapter.
  - (2) Treat the injectate using secondary treatment in a manner that is no less stringent than the requirements of Florida [Rule 62-600.420(1)(d)](/cfr/40/62-600.420.md?p=1-d), and using high-level disinfection in a manner that is no less stringent than the requirements of Florida [Rule 62-600.440(5)(a)-(f)](/cfr/40/62-600.440.md?p=5-a..5-f), within five years after notification by the Director that the well has caused or may cause fluid movement into a USDW.
- (e) Where the Director issued such notice for a well prior to December 22, 2005, in order for that well to qualify for authorization to inject pursuant to [paragraph (a)](#a) of this section, the Owner/Operator shall:
  - (1) Develop and implement a pretreatment program that is no less stringent than the requirements of Chapter 62-625, Florida Administrative Code, or have no significant industrial users as defined in that chapter; and
  - (2) Treat the injectate using secondary treatment in a manner that is no less stringent than the requirements of Florida [Rule 62-600.420(1)(d)](/cfr/40/62-600.420.md?p=1-d), and using high-level disinfection in a manner that is no less stringent than the requirements of Florida [Rule 62-600.440(5)(a)-(f)](/cfr/40/62-600.440.md?p=5-a..5-f), within five years after December 22, 2005.
- (f) Authorization to inject wastewater into existing Class I municipal disposal wells pursuant to this section is limited to Class I municipal disposal wells in Florida in the following counties: Brevard, Broward, Charlotte, Collier, Flagler, Glades, Hendry, Highlands, Hillsborough, Indian River, Lee, Manatee, Martin, Miami-Dade, Monroe, Okeechobee, Orange, Osceola, Palm Beach, Pinellas, St. Johns, St. Lucie, Sarasota, and Volusia.

## Notes

### Amendments

[70 FR 70531, Nov. 22, 2005]

### Authority

Authority: Safe Drinking Water Act, 42 U.S.C. 300f et seq.; Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.

### Source

Source: 45 FR 42500, June 24, 1980, unless otherwise noted.

### Amendments

[70 FR 70531, Nov. 22, 2005]