Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0011 - Water Quality
Chapter 2 - DISCHARGES, PERMIT REGS
Section 2-5 - Effluent Permits

(A) Name of company, entity, or individual seeking a permit;

(B) Identification of the facility name, location, and telephone number if applicable;

(C) Mailing address and telephone number of company, entity, or individual seeking a permit;

(D) Applicant status as federal, state, private, public, or other entity and status of applicant as owner, operator or both;

(E) Name and signature of responsible person as required by Section 14 of these regulations;

(F) Authorization of a duly authorized representative under the Signatory Requirements of Section 14 of these rules, where applicable;

(G) Names, addresses, and telephone numbers of landowners where outfalls will be located, if property owner is other than applicant;

(H) Type and location, expressed in latitude and longitude to the nearest 15 seconds, of the facility from which discharge will occur;

(I) A description of the activities conducted by the applicant which require it to obtain an WYPDES permit and where the activity includes treatment facilities associated with the discharge, a site diagram of the treatment facilities associated with the discharge and the outfall locations;

(J) Up to four (4) SIC codes which best reflect the principal products or services provided by the facility;

(K) Expected quality and quantity (including maximum design capacity in million gallons per day and, except for POTWs, the average daily flow rate in million gallons per day) of effluent proposed for discharge, flow rate in million gallons per day or cubic feet per second, and whether the proposed discharge will be continuous or intermittent;

(L) Description of each treatment process that will be used to reduce pollutant concentrations in effluent;

(M) Outfall numbers and latitude and longitude of each outfall location to the nearest 15 seconds;

(N) Outfall numbers, the county where each outfall is located and legal description of each outfall location to the nearest quarter/quarter of a section;

(O) Distance from shore and depth below water surface;

(P) Whether the discharge will be continuous or periodic. If the discharge is to be periodic the following information for each outfall shall be provided:

(Q) Whether any outfall is or will be equipped with a diffuser and the type of diffuser used.

(R) Outfall number(s) and names of surface waters of the state that would or potentially would directly receive any portion of the discharge for each outfall, including where applicable, a description of the tributary system from the outfall location to the main stem;

(S) A topographic map extending one mile beyond the property boundaries of the source, showing the location of the facility, intake structures and associated outfalls and proposed monitoring and/or compliance points; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known by the applicant in the map area.

(T) A listing of all active permits or construction approvals received or applied for by the applicant for the site under any of the following programs:

(U) Any additional information required in accordance with appendices B through M of these regulations.

(V) Any other information the administrator may request in order to assess potential impacts to designated uses of surface waters of the state as a result of the proposed discharge, to develop permit conditions in compliance with regulations adopted pursuant to Section 304 of the CWA, or to determine whether to issue a WYPDES permit. The additional information may include additional quantitative data and bioassays to assess the relative toxicity of discharges to aquatic life and requirements to determine the cause of the toxicity.

(A) Proposed effluent limitations, which in the absence of federal guidelines adopted pursuant to Section 304 of the CWA, will comply with 40 CFR 125.3(c) (2) and (3);

(B) Proposed effluent limitations that will ensure that water quality standards promulgated in Wyoming Water Quality Rules and Regulations, Chapter 1 will not be violated as a result of the proposed discharge;

(C) A proposed schedule of compliance, where appropriate; and

(D) Conditions and restrictions in addition to those specified in these regulations that are necessary in order for the requirements of the CWA or the Wyoming Environmental Quality Act to be upheld.

(A) The permittee must comply with all conditions of the permit. Any noncompliance is a violation of the CWA and the Wyoming Environmental Quality Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit reissuance or extension of authorization.

(B) Any planned sewerage system, treatment works, or disposal system expansions, production increases, process modifications, or new source additions which will result in a new or increased discharge or the inclusion of additional criteria for a new source shall be reported by submission of an application or, if such discharge will not violate effluent limitations specified in the permit, by submission to the administrator of notification of such new or increased discharge.

(C) The discharge of pollution and/or wastes into surface waters of the state more frequently than, or at a level in excess of, that identified and authorized by a permit shall constitute a violation of the conditions of the permit.

(D) After notice and opportunity for a hearing, a permit may be modified, in whole or in part, revoked and reissued, or terminated during its term. The filing of a request by the permittee for a modification, revocation, reissuance, termination, or notification of planned changes or anticipated noncompliance does not halt any permit condition. Cause for such permit actions, include, but are not limited to, any of the following:

(E) A permit may be modified in whole or in part during its term in order to apply any more stringent toxic effluent standard or prohibition, for a toxic substance present in the permittee's discharge, that is promulgated by the Administrator of the EPA.

(F) A requirement that the permittee allow the administrator or his authorized representative upon presentation of his credentials to:

(G) A requirement that, if requested by the administrator or the administrator's authorized agent, the permittee shall provide access to physical locations associated with this permit including, but not limited to, well heads, discharge points, reservoirs, monitoring locations, and any waters of the state associated with the permit at the point of discharge.

(H) A requirement that, if the permittee wishes to continue an activity regulated by a permit after the expiration date of the perit, the permittee must apply for and obtain a new permit in accordance with Section 10 of these regulations, unless an extension is granted under Section 11 of these regulations.

(I) It is not a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of a permit.

(J) The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.

(K) The permit does not convey any property rights of any sort, or any exclusive privilege.

(L) A requirement that the permittee shall furnish to the administrator, within a reasonable time, any information which the administrator or his authorized representative may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit.

(M) A requirement that the permittee shall furnish to the administrator or his authorized representative, copies of records required to be kept by the permit.

(N) The permittee must properly operate and maintain all equipment and treatment systems used by the permittee to achieve compliance with the terms of the permit. The permittee must provide appropriate laboratory controls and quality assurance procedures, where applicable. Backup systems are required when needed to ensure compliance. However, each main line unit treatment process must be operated as a minimum.

(O) To assure compliance with permit limitations, the permittee shall monitor:

(P) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. Records must be retained for three (3) years subject to extension by the director. Monitoring records shall include but are not limited to the following:

(Q) Pollutants for which the permittee must report violations of daily maximum discharge limitations under Section 5(c) (i) (W) (24-hour reporting) shall be listed in the permit. This list shall include any toxic pollutant or hazardous substance, or any pollutant specifically identified as the method to monitor a toxic pollutant or hazardous substance.

(R) Applications, reports, or information submitted to the administrator must be signed and certified. Knowingly making false statements, representations, or certifications is a violation of the permit, Wyoming Water Quality Rules and Regulations Chapter 2 and the Wyoming Environmental Quality Act and is subject to enforcement.

(S) The permittee shall give advance notification to the administrator of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.

(T) The permit is not transferrable except after written notification is provided to the administrator and such request is approved by the administrator. The administrator may require modification, or revocation and reissuance, as necessary.

(U) Monitoring reports must be submitted on a discharge monitoring report form provided by the department or on a form with an identical format as the form provided by the department, with prior approval by the administrator. Monitoring results shall be reported to the department at the intervals specified in the permit. If monitoring is conducted at a frequency greater than that required by the permit, the results of the additional monitoring must be reported. In reporting effluent limits based on average concentrations, the permittee must report the results using an arithmetic mean, except for fecal coliform. Average results for fecal coliform monitoring shall be reported as a geometric mean.

(V) Reporting of compliance or noncompliance with specified dates contained in a compliance schedule of the permit shall be submitted to the administrator no later than 14 days following each scheduled date.

(W) For any noncompliance which may endanger human health or the environment, an oral notification must be made by the permittee to the administrator within 24-hours of the permittee becoming aware of the noncompliance. Within five (5) days, the permittee must provide a written notification of the noncompliance which describes the noncompliance and its cause; the period and duration of noncompliance including exact dates and times; and, if the noncompliance has not been corrected, the anticipated time it is expected to continue and steps planned or taken to reduce, eliminate, and prevent recurrences of the noncompliance. Circumstances that must be reported within 24-hours of becoming aware of the noncompliance include, but are not limit ed to, any unanticipated bypass or upset which exceeds any effluent limit in the permit; or violation of a daily maximum discharge limitation for any of the pollutants listed by the administrator in the permit to be reported within 24-hours of becoming aware of the noncompliance.

(X) For noncompliance other than as reported in (S),(V), and (W) above, the permittee shall report all instances at the time monitoring reports are submitted. The reports shall contain the information listed in (W) above.

(Y) Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the administrator, it shall promptly submit such facts or information.

(Z) The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it is for essential maintenance to assure efficient operation. If the permittee knows in advance of the need for a bypass, it shall submit prior notification, if possible at least ten (10) days before the date of the bypass. If an unanticipated bypass occurs, notice shall be provided in accordance with (W) above. Bypass is prohibited except in instances where it is necessary to prevent loss of life, personal injury or severe property damage; or where there are no feasible alternatives to bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. The condition of no feasible alternative is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance. The administrator may approve an anticipated bypass, after receiving notification, if the conditions for the allowance of bypass as described in this paragraph have been met.

(AA) An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the permittee can demonstrate that: an upset occurred and that the permittee can identify the cause(s) of the upset; the permitted facility was, at the time of the upset, being properly operated; the permittee submitted notice of the upset as required in (W) above; In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof.

(BB) A reopener clause which states that additional or more stringent permit requirements may be imposed, after following the procedures outlined in this regulation for permit modifications, if any of the following conditions is found to be present:

(CC) A reopener provision for toxicity limitations which states that additional or more stringent permit requirements, a new compliance schedule, revisions to compliance dates set forth in the permit, changes to the whole effluent toxicity protocol, or any other conditions related to the control of toxicants may be imposed, following the procedures outlined in this regulation for permit modifications, if one or more of the following events occurs:

(DD) For permits which do no t require the submittal of monitoring result reports at least annually, the permittee shall report all instances of non-compliance not reported under the Section 5(c) (i) (B), (P), (U), (V) or (W) at least annually.

(A) Toxic effluent standards which, as a minimum, comply with those established under the CWA and may be modified in accordance with Section 5(c) (i) (E), (BB) and (CC) and Section 12.

(B) Additional limitation(s) that may be required in order for the permittee to meet state water quality and treatment standards, implement TMDL requirements, achieve compliance with a plan approved pursuant to Section 208(b) of the CWA, or attain or maintain a specified water quality through water quality related effluent limits established under Section 302 of the CWA.

(C) Any other requirements, including but not limited to monitoring points of compliance, water quality monitoring stations, flow monitoring stations and irrigation compliance points, that the administrator determines are necessary to carry out the provisions of W.S. W.S. W.S. 35-11-302 et seq. and to insure that water quality standards are met and waste load allocations prepared when required by the CWA.

(D) Where a compliance schedule is required in order to achieve any of the conditions described in Section 5(c) (ii) (A), (B), or (C) above or to achieve compliance with an effluent limitation established as set forth in Section 5(c) (iii), the following specific requirements will be met.

(E) Alternative schedules of compliance. A WYPDES permit applicant or permittee may cease conducting regulated activities (by terminating direct discharge for WYPDES sources) rather than continuing to operate and meet permit requirements as follows:

(F) Best management practices. Best management practices to control or abate the discharge of pollutants when:

(G) Grants. Any conditions imposed in federal grants to POTWs under Sections 201 and 204 of the CWA which are reasonably necessary for the achievement of effluent limitations required in accordance with these regulations.

(A) Technology-based effluent limitations. Technology-based effluent limits shall be determined in accordance with 40 CFR 122.44(a), 40 CFR 122.50, 40 CFR 125, Subpart A, I and J and, for categorical industries adopted by EPA, 40 CFR Parts 405 through 411, 413 through 433, 436, 437, 439, 440, 442 through, 447, 454, 455, 457 through 461, 463 through 469, and 471.

(B) In addition to the technology-based effluent limitations described in Section 5(c) (iii) (A), technology-based effluent limits shall be determined as follows:

(C) Water quality based effluent limitations. For facilities where discharge to surface waters of the state is not prohibited subject to the provisions of technology based effluent limitations as determined in Section 5(c) (iii) (A) and (B), water quality-based effluent limits shall be determined when requirements in addition to, or more stringent, than technology based effluent limitations are necessary to ensure that violations of water quality standards do not occur. Such effluent limitations shall be determined based on standards adopted pursuant to Wyoming Water Quality Rules and Regulations, Chapter 1 and the applicable provisions of Wyoming Water Quality Rules and Regulations, Chapter 6.

(D) In the case of POTWs, permit effluent limitations, standards, or prohibitions shall be calculated based on design flow.

(E) Except in the case of POTWs or as provided in Section 5(c) (i) (E), calculation of any permit limitations, standards, or prohibitions which are based on production (or other measure of operation) shall be based not upon the designed production capacity but rather upon a reasonable measure of actual production of the facility. For new sources or new dischargers, actual production shall be estimated using projected production. The time period of the measure of production shall correspond to the time period of the calculated permit limitatio ns; for example, monthly production shall be used to calculate average monthly discharge limitations.

(F) All permit effluent limitations, standards, or prohibitions for a metal shall be expressed in terms of "total recoverable metal" as defined in 40 CFR Part 136 unless;

(G) For continuous discharges (discharges that occur without interruption throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities) all permit effluent limitations, standards, and prohibitions, including those necessary to achieve water quality standards, shall unless impracticable be stated as:

(H) Discharges which are not continuous shall be particularly described and limited, considering the following factors as appropriate:

(I) Mass limitations.

(J) Pollutants in intake water.

(K) Internal waste streams.

(L) After making the considerations described in Section 5(c) (iii) (A), (B) and (C), the administrator shall establish in the draft permit the most stringent of the effluent limitations of those derived.

(M) Effluent limitations cannot be incorporated into modified or reissued permits which violate anti-backsliding provisions of Section 402(o) of the CWA.

(N) If any applicable toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is promulgated under W.S. W.S. 35-11-302 or Wyoming Water Quality Rules and Regulations, Chapters 1 and 2 for a toxic pollutant and that standard or prohibition is more stringent than any limitation on the pollutant in the permit, the director shall institute proceedings under these regulations to modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition.

(O) When the department determines, using the procedures in Section 5(c) (iii) (C) (I) and (ll), that a discharge causes, has the reasonable potential to cause, or contributes to an in-stream excursion above the numeric standard for whole effluent toxicity, if any such criterion has been adopted, the permit must contain effluent limits for whole effluent toxicity.

(P) Except as provided in this subparagraph, when the department determines, using the procedures in Section 5(c) (iii) (C), toxicity testing data, or other information, that a discharge causes, has the reasonable potential to cause, or contributes to an in-stream violation of a narrative water quality standard, the permit shall contain limitations, which include effluent limits, for whole effluent toxicity. Such limitations are to be derived by the department and based upon the department's determination of what constitutes an acceptable level of whole effluent toxicity. Limits on whole effluent toxicity are not necessary where the department determines, using the procedures in Section 5(c) (iii) (C), that chemical-specific limits for the effluent are sufficient to attain and maintain applicable numeric and narrative water quality standards.

(Q) Unless otherwise stated in the permit, effluent limitations shall be met at the outfall from the final treatment unit prior to admixture with water in the receiving surface waters of the state or with effluent from other outfalls.

(A) In the application of those standards described in Section 5(c) (ii) (B) and (C), and Section 5(c) (iii), the administrator shall specify:

(B) The owner of a publicly owned treatment works shall require any industrial user of such works to comply with the following:

(A) All permits shall specify required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring. Monitoring results required by the permit shall be reported on a discharge monitoring report (DMR) or other forms provided or specified by the division.

(B) Any discharge authorized by a permit shall be subject to such monitoring requirements as may be required by the administrator including the installation, use, and maintenance of monitoring equipment.

(C) Any major facility authorized by a permit, or for which monitoring is requested in writing by the Regional Administrator of the EPA, or which contains toxic pollutants for which an effluent standard has been promulgated pursuant to these regulations, shall be monitored at intervals sufficiently frequent to characterize the discharge, for the following:

(D) The permittee shall maintain records of all information resulting from monitoring activities required by his permit for a period of three (3) years, or for a longer period if so requested by the administrator, or Regional Administrator of the EPA. Such records shall include, but are not limited to, the following:

(E) Unless otherwise approved by the administrator, the permittee shall be required to periodically report, at a frequency of not less than once per year, to the administrator, on the proper forms, the results of any monitoring required by the permit. In addition, the administrator may require the submission of such additional monitoring information he may consider necessary. Where applicable, the procedures specified will be consistent with any national program specified by the Administrator of the EPA in regulations promulgated under the CWA.

(F) All reports required by permits and other information requested by the administrator shall be signed and certified as described in Section 14 of these regulations.

(G) Sample collection and analyses shall be conducted in accordance with 40 CFR 136, unless otherwise specified in these regulations.

(H) Any person falsifying, tampering with, or knowingly rendering inaccurate any monitoring device or method required to be maintained under this permit is a violation of the permit, these regulations and the Wyoming Environmental Quality Act.