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Identifying Class V Shallow Disposal Systems/Wells

The following questions and answers will help you determine if you have a Class V well on your property.

Is the facility connected to a septic system for sanitary waste?
If yes... Does the septic system have the capacity to service 20 or more people per day?
If yes, then the septic system is a Class V well. Submit inventory information to EPA or to your State UIC Primacy Agency. Be sure to implement appropriate best management practices to insure that no types of waste besides sanitary waste enter the septic system.

Are there any drains within the building, parking areas, or storage areas?
If yes... Do these drains lead to the municipal sewer, discharge to surface drainage, lagoon, or an infiltration pond, or to a holding tank? A holding tank does not allow any fluids to flow out of it, i.e. an oil/water separator is not a holding tank.
If no... Then the drains may discharge to the subsurface and may be Class V wells. Submit inventory information to EPA or to your State UIC Primacy Agency. Describe the configuration of the drains and types of waste fluids entering these drains.

Are there any drywells or French drains on the property?
Are any fluids discharged to the subsurface for an air conditioning system using ground water as a heat sink or for a heating system using ground water as a heat source?
Does the facility use geothermally heated fluids to heat buildings, greenhouses, for aquaculture, or for any other commercial or industrial processes?

If yes to any of these questions, then the system is a Class V well.

Next steps: Once you submit your inventory information to EPA or the State UIC Primacy Agency, you have fulfilled the program requirements and your Class V wells are Authorized by Rule. If you hear nothing further from EPA or from your State UIC Primacy Agency, then you can assume that your Class V well is not considered endangering to underground sources of drinking water (USDWs). However, if you change the nature of the fluids released to the subsurface or plan to construct a new Class V well, you should send the inventory information to EPA or to your State Primacy Agency in advance of injecting any new fluids or construction of the new Class V well to avoid the potential of endangering USDWs. Once EPA or the State UIC Primacy Agency has evaluated your inventory information, the UIC Director may require you to submit additional information to determine if your Class V well is endangering to USDWs or require you to permit or close your Class V well, because your Class V well has been determined to be endangering to USDWs.

Note: Although the regulatory deadline for submitting inventory information for existing Class V wells has passed according to 40 CFR 144.26(2), there will be no penalty for submitting inventory information for existing Class V wells now. EPA Region 8 recognizes that the requirements of this program are not widely known. EPA Region 8 is in the process of informing potential Class V owners and operators of the regulatory requirements of the UIC Class V Program through mass mailouts and through public outreach efforts in conjunction with county health departments and with city and county /building planning departments. The EPA Region 8's general approach for addressing existing Class V regulations is to offer compliance assistance to Class V owners and operators such that they come into compliance with these requirements.


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