Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0011 - Water Quality
Chapter 27 - UNDERGROUND INJECTION CONTROL PROGRAM CLASS I AND V WELLS
Section 27-7 - Permit Processing Procedures

(i) The applicant shall file seven (7) copies of the permit application with the Water Quality Division.

(ii) Within sixty (60) days of submission of the application, the administrator shall make an initial determination of completeness. An application shall be determined complete when the administrator receives an application and any supplemental information necessary to determine compliance with these regulations.

(iii) An incomplete application will be processed in the following manner:

(iv) During any sixty (60) day review period where an application is determined complete, the administrator shall take one of the following actions:

(v) Determinations of deficiency by the Department are appealable by the applicant to the Environmental Quality Council. Requests for appeal must be in writing, state the reasons for appeal, and be made to both the Director and the Chairman of the Environmental Quality Council. A deficient application is considered a permit denial but is not subject to the public notice requirements of Section 22 unless a hearing is requested by the applicant. Resubmittal of information for a deficient application will start the sixty (60) day review period again.

(vi) Denials of permit applications will be pursuant to procedures outlined in paragraph (d) of this section.

(vii) All draft permits for Class I wells require public notice pursuant to Section 21 of this chapter.

(i) The applicant shall submit five (5) copies of the permit application to the division.

(ii) Resubmittal of information by an applicant on an incomplete application will begin the process described in paragraph (b)(i)(A) of this section.

(iii) During any 60 day review period where an application is determined complete, the administrator shall prepare a draft permit for issuance or denial, prepare a fact sheet on the proposed operation, and provide public notice pursuant to Section 21.

(iv) A denial of the application by the department is appealable by the applicant to the Environmental Quality Council in accordance with the Rules of Practice and Procedure. Requests for appeal must be in writing, state the reasons for appeal, and be made to both the director and the chairman of the Environmental Quality Council.

(i) In order to be covered by a general permit, an operator must submit all information required in Section 9(c) (i), (ii), and (iii), plus any additional information required to be submitted or reported in the issued general permit. The submittal requesting coverage by a general permit shall be signed by a person meeting the same signatory requirements of Section 6(f) (xiv) and shall be certified in accordance with Section 6(f) (xv). Facilities will be covered by general permits as soon as the department has issued a written statement of acceptance to allow the construction and operation of the facility under the general permit. The department will issue an authorization accepting the operation for coverage under the general permit or denying coverage under the general permit, within 60 days of the date when the operator requested coverage. Requests for coverage under a general permit, which do not meet the requirements for general permit pursuant to this chapter, may be denied by the administrator.

(ii) If a general permit has been issued by the department, an operator of a facility must register the facility with the department and sign a statement agreeing to be bound by the conditions of that permit. Failure to register for general permit coverage, when available, is the same as operation of a facility without a permit, unless an individual permit has been obtained.

(iii) Once issued, general permits must remain the same for all persons covered by the permit. A general permit may be modified in accordance with Section 7(d) (vii). Any such modification must cover all persons covered by the permit.

(i) Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee or licensee) or upon the administrator's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in this section. All requests shall be in writing and shall contain facts or reasons supporting the request.

(ii) If the Administrator decides the request is not justified, he or she shall send the requester a brief written response giving the reason for the decision. A request for modification, revocation and reissuance, or termination shall be considered denied if the Administrator takes no action within 60 days after receiving the written request. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice and comment. Denials by the administrator may be appealed for hearing to the Environmental Quality Council by a letter briefly setting forth the relevant facts.

(iii) If the administrator tentatively decides to modify or revoke and reissue a permit, a draft permit incorporating the proposed changes shall be prepared. The administrator may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of revoked and reissued permits, the administrator shall require the submission of a new application.

(iv) In a permit modification under Section 7(d) (vii) of this chapter, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit and the modified permit shall expire on the date when the original permit would have expired. When a permit is revoked and reissued under this section, the entire permit is reopened as if the permit has expired and is being reissued. When the entire permit is reopened, the modified permit shall be issued for no more than ten (10) years. During any revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is issued.

(v) Proposed permit modifications, revocations or terminations shall be developed as a draft permit and are subject to the public notice and hearing requirements outlined in Section 21.

(vi) For Class I wells the administrator shall modify a permit or license when:

(vii) For Class V wells the administrator may modify a permit when:

(viii) Minor modifications of permits may occur with the consent of the permittee without following the public notice requirements. Minor modifications will become final twenty (20) days from the date of receipt of such notice. For the purposes of this chapter, minor modifications may only:

(ix) For a Class I well the administrator may deny a permit for any of the following reasons:

(x) For Class I wells the administrator shall deny a permit for any of the following reasons:

(xi) For Class V wells the director may deny an individual permit for any of the following reasons:

(xii) The administrator may revoke and reissue or terminate a permit for any of the following reasons:

(xiii) The administrator may modify a permit or license to resolve issues that could lead to the revocation or consider any of the reasons in the preceding paragraph as sufficient justification to terminate a permit or license. The administrator as part of any notification of intent to terminate a permit or license shall order the permittee or licensee to proceed with reclamation on a reasonable time period.

(xiv) Permits for Class I wells will be automatically terminated after closure and release of the financial responsibility requirements of Section 19 by the department.

(xv) Transfer of a permit is allowed only upon approval by the administrator. When a permit transfer occurs pursuant to this section, the permit rights of the previous permittee will automatically terminate.