Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0011 - Water Quality
Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS
Part F - FINANCIAL ASSURANCE STANDARDS
Section 20-48 - Corrective Action Contingency Bond Amount Determination
Current through September 21, 2024
(a) The corrective action contingency bond amount shall be determined using the following formula:
Bond Amount = Maximum Rate X fw X fg X fi.
From Table 1, the Maximum Rate is determined by the proposed size of the facility.
From Table 2, fw is a factor that accounts for groundwater monitoring, secondary containment with a liquid collection and recovery system, setback distance of the facility from the permittee's down gradient property line and the class of groundwater that underlies the facility.
From Table 3, fg is a factor that accounts for the saturated hydraulic conductivity and the thickness of the least permeable stratum between the lowest point of construction and the first encountered groundwater.
The effects of variations in the cost index are corrected for by the factor fi. The factor fi is a weighted annual average of the Bureau of Labor Statistics Producer Price Indexes for Capital Equipment, WPUSOP3200; Material and components for construction, WPUSOP2200; and Machinery and equipment, WPU114. On December 31 of each year, fi. shall be calculated for the coming year by dividing the weighted annual index value for the previous year by 100. For example, the fi. for 1998 is calculated by dividing the weighted annual index for 1996, 141.5, by 100. The fi. for 1998 is 1.415.
(b) Table 1
|
Maximum Rate Determination* |
|
|
Number of Swine at the Confined Swine Feeding Operation |
Maximum Rate |
| 2500 - 5000 | $2,800,000 |
| 5000 - 10,000 | $3,100,000 |
| 10,000 - 20,000 | $3,500,000 |
| 20,000 - 50,000 | $4,400,000 |
* The Maximum Rate is based on estimates of the cost of remediation and subsequent monitoring of the worst case release from a facility housing the range of swine numbers listed.
**Bond amounts for facilities greater than 50,000 animals shall be determined by the Department based on a case-by-case analysis of the potential corrective action costs.
(c) Table 2
| Determination of Groundwater Classification Factor (fw) | ||||
| Groundwater Monitoring | Liquid Collection and Recovery System (Secondary Containment) | Setback Distance from Animal Waste Facility* | Groundwater Classification | fw |
| Yes/No | No | Class I | 1 | |
| No | Yes | Class I | 0.7 | |
| Yes | Yes | Less than 1/2 mile | Class I | 0.4 |
| Yes | Yes | Greater than 1/2 mile | Class I | 0.25 |
| Yes/No | No | Class II-III | 1 | |
| No | Yes | Class II-III | 0.4 | |
| Yes | Yes | Less than 1/2 mile | Class II-III | 0.2 |
| Yes | Yes | Greater than 1/2 mile | Class II-III | 0.1 |
| Yes/No | No | Class IV-VI | 1 | |
| No | Yes | Class IV-VI | 0.2 | |
| Yes | Yes | Class IV-VI | 0.1 | |
* To Down Gradient Property Boundary or Area Controlled by Groundwater Easement
(d) Table 3
| Determination of Vadose Zone Factor (fg)* | ||
| Saturated Hydraulic Conductivity (k) of Least Permeable Stratum between Impoundment and First Encountered Groundwater | Thickness of Least Permeable Stratum | fg |
| Hydraulic conductivity k > 10-4cm/s | Less than 75 ft. | 1 |
| k > 10-4cm/s | 75 to 250 ft. | 0.9 |
| k > 10-4cm/s | Greater than 250 ft. | 0.75 |
| 10-4cm/s > k > 10-6cm/s | 20 to 30 ft. | 0.8 |
| 10-4cm/s > k > 10-6cm/s | 30 to 100 ft. | 0.65 |
| 10-4cm/s > k > 10-6cm/s | Greater than 100 ft. | 0.5 |
| Low Permeability Media k < 10-6cm/s | 3 to 10 ft. | 0.4 |
| Low Permeability Media k < 10-6cm/s | Greater than 10 ft. | 0.2 |
*For facilities developed within highly sensitive hydrogeologic settings (e.g. fractured, faulted or karst terrain) or within Zones of Contribution to public drinking water systems, the value for (fg) will be established by the Administrator.
(e) The corrective action contingency bond amount shall be recalculated each year in accordance with Section 11, Financial Assurance Plan Content. When the bond amount is recalculated, the permittee shall have ninety (90) days to adjust the amount of financial assurance provided after receipt of notification by the Division.
