Current through September 21, 2024
The types of Class V facilities listed in this section
represent minimal threats to pollute groundwater. The referenced facilities
which meet the requirements of this section are permitted by rule. A permit by
rule requires the owner or operator to submit information contained in this
section before construction, installation or modification of a facility and to
meet the performance standards contained in this section and in Section 10 of
this Chapter. No facility shall be located within a state approved local
wellhead protection area, state approved source water protection area or a
state approved water quality management area which is in conflict with any of
those plans.
(a) A facility permitted
by rule under this section shall meet the following conditions:
(i) In addition to the information listed in
Section 6(c) (i), (ii) and (iii) of this chapter, the operator shall submit the
following inventory information to the department prior to construction for
facilities constructed after the effective date of these regulations and within
one (1) year of the effective date of these regulations for existing
facilities: (Facilities which are already registered with the Underground
Injection Control Program, or which were issued a permit under Chapters 3, 9 or
16, need not send a new registration, but may be asked for updated information
from time to time.)
(A) The location of the
facility, either a complete legal description or latitude and longitude
preferably within a (ten) 10 meter accuracy;
(B) Type and general description of the
quality of the injected fluid;
(C)
The disposal capacity of the facility in gallons per day;
(D) Depth of injection zone; and
(E) Whether or not the facility is operating,
temporarily abandoned, or permanently abandoned.
(ii) The facility shall be designed,
constructed and operated to protect groundwater standards contained in Chapter
8, Water Quality Rules and Regulations and performance standards found in this
section and in Section 10 of this chapter;
(iii) Chemical, bacteriological, radiological
additives, hazardous substances or toxic substances additives shall not be
mixed in the injected fluid at any time during use of the water, prior to
injection or during injection; and
(iv) Any violation of the requirements of
these regulations by a Class V facility operator permitted by rule shall be
reported to the department by telephone within twenty-four (24) hours of the
time when the operator becomes aware of the violation. A written report shall
be filed by the operator with the department within seven (7) days detailing
steps which have been taken and will be taken to eliminate the
violation.
(b) All
facilities, referenced in this section, which do not meet the requirements of
subsection (a) shall obtain an individual permit under this chapter. For
facilities constructed or modified after the effective date of these
regulations requiring an individual permit, the owner or operator shall obtain
the permit prior to any construction.
(c) The following classes of facilities are
permitted by rule under this section:
(i) 5B2
facilities, except any facility which injects wastewater or contains polluted
groundwater or surface water in concentrations above the receiver use standards
contained in Chapter 8, Water Quality Rules and Regulations;
(ii) After the effective date of these
regulations, coal bed methane operators cannot be covered by 5B2 aquifer
recharge rule authorizations. All coal bed methane disposal systems must be
covered by a general permit or an individual permit under this chapter if they
inject into a USDW, or a Class II permit issued by the Wyoming Oil and Gas
Conservation Commission if they inject into a Class VI aquifer;
(iii) 5B4 facilities, provided that the water
injected will not cause a groundwater standards violation under Chapter 8,
Water Quality Rules and Regulations;
(iv) 5B6 and 5B7 facilities;
(v) 5D5 facilities, except those facilities
receiving water polluted above the receiving groundwater class of use standards
contained in Chapter 8, Water Quality Rules and Regulations and facilities
injecting swimming pool wastes into a Class I groundwater;
(vi) 5E3 facilities which were originally
permitted under a small wastewater system permit issued by the Department of
Environmental Quality or a local government delegated the authority to issue
small wastewater system permits, located within any five (5) acres of land
where the cumulative maximum peak daily wastewater flow injected from other
small wastewater system permitted facilities under the same ownership would
exceed 2,000 gallons per day; and
(vii) 5F1 facilities, provided that
information contained in Section 10(m) of this chapter is submitted.
(d) A permit by rule where the
operator has provided the necessary information shall be valid until the
facility is properly closed pursuant to these regulations or until a permit has
been issued or denied under this chapter.
(e) The administrator may request information
from the owner or operator of a well or facility permitted by rule to determine
whether the facility may be causing a violation of groundwater use standards in
Chapter 8, Water Quality Rules and Regulations, the construction standards
found in this chapter and in Chapter 11, Water Quality Rules and Regulations,
or any other requirements of this chapter. Such information may include, but is
not limited to:
(i) Analysis of injected
fluids and periodic submission of reports of such monitoring;
(ii) Groundwater monitoring and periodic
submission of reports of such monitoring;
(iii) Description of receiving strata;
and
(iv) Well locations and down
gradient use of groundwater.
(f) Any request for information under this
section shall be made in writing and include a brief statement of the reasons
for requesting the information. An owner or operator shall submit the
information within the time frames provided in the request for
information.
(g) The administrator
may require any operator permitted by rule to obtain an individual permit for
the facility when a review of the information submitted under Section
8(e) of this chapter
indicates that the permit by rule would not be protective of groundwater in
that specific case.
