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~_.. <br />.~ f <br />n <br />• ,,. <br />r7PP~ G <br />UNITED STATES ENVIP.O'JM1;EP:TAL PR0~CCT1O7J AFL!JCY <br />RE~luw vln <br />APR 2 1 198] <br />Ref: 8W-DW <br />1360 LINCOLN STRCET <br />DENVER. COLORADO 30295 <br />Ms. Catherine V. Chachas <br />Environmental Engineer <br />Western Slope Carbon, Inc. <br />P. O. Box 1526 <br />Salt Lake City, Utah 84110 <br />Dear Ms. Chachas: <br />~~~~~~ <br />APR 27 1°81 <br />WESTERN SLOPE CARBON, IyC. <br />This letter is in response to your letter of March 3, 1981, concerning <br />the back filling of the mined out portion of the Hawk's t~ st mine with coal <br />waste. The type of operation described in your letter and its attachments is <br />covered by EPA's l.hderground Injection Control Regulation as a class V well. <br />These regulations would not require a permit for such wells. They would <br />require that an operator notify the permitting agency of the operation and <br />provide information on the nature of the activity. The permitting agency <br />would be required by the regulations to do an assessement of the overall <br />impacts of class V wells on ground water within three years of implementation <br />of a UIC program by the State or EPA. If the assessment indicated that a <br />particular class V well was a threat to an underground source of drinking <br />water, the pernitting agency could require the operator to apply for a permit <br />which would establish the type of connective action, monitoring, etc., deemed <br />necessary. <br />At the present time, the State of Colorado is working on establishing a <br />UIC program that would allow the State to assume primary enforcement over all <br />injection wells. TI-~ State has requested and been granted a 270 day extension <br />of the April 20, 1981, deadline for submittal of the primacy application, <br />This extension will allow the State until January 15, 1982, to apply for <br />primacy. Once the State's application is submitted, EPA has 90 days to <br />approve, disapprove or approve in part, the application for primacy over all <br />classes of wells. EPA would be unable to regulate your particular well by <br />nlle until after it has made the determination on the States application. I <br />would emphasize again that the only requirements that EPA could initially <br />impose if we did implement a program would be ones of notification and <br />inventory. <br />If you have any more questions about this matter please give me a call at <br />(303) 837-3914. <br />Si~ncerel~~y yours, <br />c <br />J~ .. <br />Paul S. Osborne <br />I-ydmlogist <br />I~- <br />