Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0011 - Water Quality
Chapter 14 - FINANCIAL ASSURANCE REQUIREMENTS
Section 14-4 - Corrective Action Requirements
Universal Citation: WY Code of Rules 14-4
Current through September 21, 2024
(a) The Department shall notify the operator of the need to take corrective action to remedy a violation of a permit condition, standard, rule or requirement relating to a regulated facility. The notification shall describe the nature of the violation.
(i) If deemed necessary by the
Department, the operator will be required to close the facility and cease
further receipt of waste materials.
(ii) If the facility is closed, the operator
shall post one (1) sign notifying all persons of the closing and prohibition
against further receipt of waste materials. Further, suitable barriers shall be
installed at former accesses to prevent new waste from being
deposited.
(b) Remediation Activities: In the event of a release, the operator shall:
(i) Initiate immediate measures to:
(A) Prevent further release to the
environment;
(B) Prevent further
migration of the released substance into surrounding soils and Waters of the
State; and
(C) Identify, monitor
and mitigate any safety hazards or health risks associated with the
violation.
(ii) Comply
with all applicable requirements of Wyoming Water Quality Rules and
Regulations, Chapter 4; and
(iii)
If more than 10 barrels (420 gallons) of crude oil, petroleum condensate,
produced water, or a combination thereof, or more than 25 gallons of refined
crude oil products (including but not limited to gasoline; diesel motor fuel;
aviation fuel; asphalt; road oil; kerosene; fuel oil; and derivatives of
mineral, animal, or vegetable oils) are released:
(A) Prepare a plan to conduct an
investigation of the release, the release site and any surrounding area that
may be affected by the release. The plan shall include:
(I) A comprehensive subsurface investigation
to define the extent and degree of contamination.
(II) A schedule for conducting the
investigation.
(III) A cost
estimate for a third-party to perform the tasks identified by the
plan.
(B) Submit the
investigation plan to the Department within thirty (30) days. The extent of
contamination study should begin as soon as the plan has been approved and all
necessary permits obtained.
(C)
Conduct the extent of contamination study in accordance with the approved plan
and submit a written report of the findings to the Department.
(D) If required by the Department, develop a
comprehensive plan for mitigation and clean-up. The remediation plan shall be
submitted to the Department for approval. The remediation plan shall be
implemented as soon as the Department has approved the plan and all necessary
permits have been obtained. The remediation plan shall contain an estimate of
the costs for a third-party to perform the tasks identified by the
plan.
(c) Cost Estimate for Corrective Action:
(i) The
operator of a commercial oil field disposal system regulated under W.S. §
35-11-306 or a commercial sludge facility
regulated under W.S. §
35-11-307 in submitting an application for a
construction permit as required by Chapter 3, Wyoming Water Quality Rules and
Regulations shall include a written estimate of the cost of corrective actions
to remediate a release from the facility. The estimated cost of corrective
action and clean-up of a release shall be determined by the Department on a
case-by-case basis considering information submitted by the operator. Such
costs shall be based on the work required for a third-party
contractor.
(ii) The factors to be
considered in estimating the cost of corrective actions and clean-up of a
release shall include the following:
(A)
Soils, geologic and hydrogeologic conditions at the site.
(B) The type and quantity of waste
received.
(C) Disposal method and
sequential disposal plan.
(D) The
potential for significant leachate production and the possibility of
contaminating groundwater.
(E)
Environmental monitoring systems.
(F) The location of the site and the
character of the surrounding area.
(G) A minimum of fifteen percent (15%)
contingency fee to cover other corrective action and clean-up costs as
determined appropriate by the Department.
(H) The ability of the facility to prevent
and detect a release and to facilitate clean-up activities. The criteria used
to evaluate this ability shall include design, construction, operation,
monitoring, and contingency plans submitted as part of the application
package.
(I) The class, use, value
and environmental vulnerability of surface and groundwater resources that may
be impacted by a release.
(J) Other
site-specific factors.
Disclaimer: These regulations may not be the most recent version. Wyoming may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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