Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0011 - Water Quality
Chapter 23 - MINIMUM STANDARDS FOR SUBDIVISION APPLICATIONS
Section 23-9 - Delegation of Review Authority to Counties
Universal Citation: WY Code of Rules 23-9
Current through September 21, 2024
(a) Pursuant to W.S. 18-5-306(c), to the extent requested by a county government, the administrator of the Water Quality Division, with the approval of the director of the Department of Environmental Quality, shall delegate authority to the county to:
(i) Review and approve any reports or studies
required by this chapter and directed at determining the safety and adequacy of
the proposed sewage or water supply system contained as part of a subdivision
application;
(ii) Review and
approve enhanced treatment systems, in accordance with Section 5, Chapter 11 of
Wyoming Water Quality Rules and Regulations, that will meet or exceed the
applicable standards within this chapter;
(iii) Issue construction permits as required
by W.S. W.S.
W.S.
35-11-301(a) (iii),
and;
(iv) Issue operating permits
as authorized by W.S.
W.S.
35-11-301(a)
(iii).
(b) Any authority delegated under this section shall be subject to the following conditions:
(i) The county entity shall demonstrate to
the administrator of the Water Quality Division that all sewage or water supply
systems will be reviewed by a qualified professional with expertise in surface
and groundwater protection from pollution and safe and adequate water supply
systems;
(ii) The county entity
shall demonstrate that the review of water supply and sewage systems will be in
a manner as stringent as the Department of Environmental Quality would require
under this section;
(iii) The
review of subdivisions with a proposed sewage system consisting of wastes
requiring an underground injection control permit under Department of
Environmental Quality regulations or sewage systems with a proposed surface
water discharge shall not be delegated to the county; and
(iv) The administrator shall periodically
review the administrative programs of each county governmental entity receiving
a delegation of authority under this section and may, with the consent of the
director, revoke or temporarily suspend the delegation agreement entered into
with any entity which has failed to perform its delegated duties or has
otherwise violated the terms of its agreement of delegation.
(c) To ensure consistent application of this rule, delegation agreements shall include an identification of methods and reporting for oversight of the county's delegated authority.
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