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
13 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 9(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.
(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
13 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.
(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 an Underground Source of Drinking
Water, 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.
(vii)
5F1 facilities, provided that information contained in Section
13(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.
(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 paragraph (e) of
this section indicates that the permit by rule would not be protective of
groundwater in that specific case.
