The Arkansas Underground Injection Control Code (UIC code) is adopted pursuant to the provisions of the Arkansas Water and Air Pollution Control Act (Arkansas Code Annotated 8-5-11). It is the purpose of this UIC Code to adopt underground injection control (UIC)
regulations necessary to qualify the State of Arkansas to retain authorization for its Underground Injection Control Program pursuant to the Safe Drinking Water Act of 1974, as amended; 42 USC 300f et seq. In order to retain program authorization, it is necessary for the Arkansas Pollution Control and Ecology Commission to have regulations as stringent as the federal program administered by the United States Environmental Protection Agency. The following regulations are adopted and made part of the UIC code: 40 CFR part 144, 40 CFR part 145, 40 CFR part 12 subpart A, 40 CFR 146 Subparts A, B, D, E, F and G. The Arkansas Oil and Gas Commission (AOGC) has authority over Class II and Class V bromine related wells, and shares enforcement authority with ADEQ of the Class V bromine wells as recognized in the Memorandum of Understanding (MOU) between the Department, the AOGC and the EPA.
No person shall construct, install, alter, modify, or operate any underground injection facility without a permit from the Department or, as to Class II and Class V bromine-related brine disposal wells, from the Arkansas Oil and Gas Commission. No person shall construct, install, or operate a Class IV well. No person shall construct, install, alter, modify or operate any underground injection facility contrary to the terms and conditions of a permit or of any provision of this UIC Code or the Arkansas Water and Air Pollution Control Act, as amended (the Act). Any person who violates any provision of this UIC Code shall be subject to the penalties as provided in the Arkansas Water and Air Pollution Control Act, Ark. Code Ann. § 8-4-103.
This Regulation goes onto to classify wells into 5 categories (I-V) based on their function.