(a) The operator
shall submit an application and obtain a permit prior to the construction,
installation, modification or operation of any facility in the following
subclasses: 5A3; 5B3; 5B5; 5C1; 5C2; 5C3; 5D1; 5D3; 5D4; 5E3, 5E4 and 5F2
unless the facility is covered by a general permit. In addition, any facility
not authorized under Sections 7 and 8, and operators directed by the
administrator to obtain an individual permit, shall obtain an individual permit
under this section.
(b) The
operator is responsible to make application for and obtain a permit. Each
application must be submitted with all supporting data required in this
chapter.
(c) A complete application
for a Class V facility individual permit shall include:
(i) A brief description of the nature of the
business and the activities to be conducted that require the applicant to
obtain a permit under this chapter;
(ii) The name, address and telephone number
of the operator, and the operator's ownership status and status as a federal,
state, private, public or other entity;
(iii) The name address and telephone number
of the facility. Additionally, the location of the facility shall be identified
by section, township, range and county.
(iv) A calculation of the area of review, to
include:
(A) A calculation to determine the
maximum area affected by the injected waste for all Class V facilities
constructed or modified after the effective date of these regulations. This
calculation determines the total amount of void space around and down gradient
from the point of injection and uses accepted groundwater theory to determine
the extent of any affected groundwater around the facility.
(B) A Class V area of review shall never be
less than the area of potentially impacted groundwater.
(C) All areas of review shall be legally
described by township, range and section to the nearest ten ( 10) acres as
described under the general land survey system.
(v) Information about the proposed facility
including:
(A) A description of the
substances proposed to be discharged, including type, source, and chemical,
physical, radiological and toxic characteristics; and
(B) Construction and engineering details in
accordance with Section 10 of this chapter and Chapter 11 Water Quality Rules
and Regulations.
(vi)
Information, including the name, description, depth, geologic structure,
faulting, fracturing, lithology, hydrology, and fluid pressure of the receiver
and any relevant confining zones. The fracture pressure of the receiver shall
be submitted only if the injection is under pressure into a confined
aquifer.
(vii) Water quality
information including background water quality data which will facilitate the
classification of any groundwaters which may be affected by the proposed
discharge. This must include information necessary for the division to classify
the receiver and any secondarily affected aquifers under Chapter 8, Wyoming
Water Quality Rules and Regulations.
(viii) A topographic and other pertinent
maps, extending at least one (1) mile beyond the property boundaries of the
facility, but never less than the area of review, depicting:
(A) The facility and each of its intake and
discharge structures;
(B) Each
well, drywell or subsurface fluid distribution system where fluids from the
facility are injected underground;
(C) Other wells, springs, and surface water
bodies, and drinking water wells listed in public records or otherwise known to
the applicant within the area of review; and
(D) Bedrock and surficial geology, geologic
structure, and hydrogeology in the area.
(ix) A list of other relevant permits,
whether federal or state, that the facility has been required to obtain, such
as construction permits. This includes a statement as to whether or not the
facility is within a state approved water quality management plan area, a state
approved wellhead protection area or a state approved source water protection
area.
(x) Detailed plans for
monitoring the volume and chemistry of the discharge, and water quality of
selected water wells within the area of review in accordance with Section 11 of
this chapter;
(xi) All applications
for permits, reports, or information to be submitted to the Administrator shall
be signed by a responsible officer as follows:
(A)
For a
corporation - a responsible corporate officer means:
(i) A president, secretary, treasurer, or
vice president of the corporation in charge of a principal business function,
or any other person who performs similar policy or decision making functions
for the corporation; or
(ii) The
manager of one or more manufacturing, production, or operating facilities
employing more than 250 persons or having gross annual sales or expenditures
exceeding $25 million (in second quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures.
(B)
For a partnership or sole
proprietorship -- by a general partner or the proprietor,
respectively;
(C)
For a
municipality, state, federal or other public agency -- by either
the principal executive officer or ranking elected official.
(xii) The application shall
contain the following certification by the person signing the application:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."
(d) All data used to complete
permit applications shall be kept by the applicant for a minimum of three (3)
years from the date of signing.
(e)
The applicant shall submit five (5) copies of the permit application to the
division.
(f) Within 60 days of
submission of the application, the administrator shall make an initial
determination of completeness. An application shall be determined complete when
the administrator receives an application and any supplemental information
necessary to determine compliance with these regulations.
(g) Resubmittal of information by an
applicant on an incomplete application will begin the process described in
paragraph (f) of this section.
(h)
During any 60 day review period where an application is determined complete,
the administrator shall prepare a draft permit for issuance or denial, prepare
a fact sheet on the proposed operation, and provide public notice pursuant to
Section 13.
(i) A denial of the
application by the department is appealable by the applicant to the
Environmental Quality Council in accordance with the Rules of Practice and
Procedure. Requests for appeal must be in writing, state the reasons for
appeal, and be made to both the director and the chairman of the Environmental
Quality Council.
