Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0011 - Water Quality
Chapter 3 - REGULATIONS FOR PERMIT TO CONSTRUCT, INSTALL OR MODIFY PUBLIC WATER SUPPLIES, WASTEWATER FACILITIES, DISPOSAL SYSTEMS, BIOSOLIDS MANAGEMENT FACILITIES, TREATED WASTEWATER REUSE SYSTEMS AND OTHER FACILITIES CAPABLE OF CAUSING OR CONTRIBUTING TO POLLUTION
Section 3-4 - Individual Permits

Universal Citation: WY Code of Rules 3-4

Current through September 21, 2024

(a) Any person who proposes to construct, install, modify, or operate a facility required to be permitted by this Chapter shall submit a written application on forms provided by the Administrator and shall include with their application:

(i) Plans, specifications, design data, or other pertinent information covering the project;

(ii) Any additional information required by the Administrator; and

(iii) If required under Section 14(a) of this Chapter, a proposed environmental monitoring plan.

(iv) All plans, specifications, and reports submitted under this chapter shall be sealed, signed, and dated by a licensed professional engineer under W.S. § 33-29-601 or by a licensed professional geologist under W.S. § 33-41-115, as applicable.

(v) All plans and specifications shall conform to common and accepted engineering and geological practices as determined by the Administrator or as defined by applicable Water Quality Rules.

(b) An applicant for an individual permit shall submit with its application all supporting data necessary for the Director to determine compliance with this Chapter. The Administrator shall review each application or resubmittal within sixty (60) days from the date the application or resubmittal is received and shall make an initial determination of completeness.

(i) An application is complete when the Division receives an application and all supplemental information necessary to determine compliance with this Chapter.

(ii) An application will be denied if the Division determines it is incomplete.

(c) If the Administrator determines that an application is incomplete:

(i) The Administrator may return the application to the applicant, or the Administrator may request additional information to complete the application.

(ii) If the Administrator requests additional information to complete an application, the applicant shall provide the additional information within six (6) months of the request. If the applicant fails to provide the requested information within that period, the Administrator shall deny the application.

(d) All facilities permitted under this Chapter shall be designed, constructed, installed, or modified and operated to meet the minimum design standards of this Chapter and as specified in applicable Water Quality Rules.

(i) The plans and specifications for facilities permitted under this Chapter shall meet the minimum design standards of this Chapter and as specified in applicable Water Quality Rules.

(ii) If an existing facility applies for a permit to modify the facility, or to transfer or renew the permit to operate the facility, and the facility meets the minimum design standards that were in effect when its permit to construct, install, or modify the facility was issued, the Director may:
(A) Issue a permit to modify the facility to increase its capability to treat, hold, or dispose of wastes without altering the minimum design standards that apply to the facility under its existing permit;

(B) Issue a permit to modify the facility that requires the facility to meet the minimum design standards that are in effect when the permit to modify is issued that apply to the modification without altering any other minimum design standards that apply to the facility under its existing permit; or

(C) Issue a permit to modify the facility that requires the facility to meet all minimum design standards that are in effect when the permit to modify the facility is issued.

(iii) If an existing facility does not meet the minimum design standards that were in effect when its permit to construct, install, or modify the facility was issued, any permit to modify the facility, or any transferred or renewed permit to operate the facility, shall require the facility to meet or exceed the minimum design standards of these regulations that are in effect when the permit to modify is issued.

(iv) The Director shall not issue, renew, or transfer a permit to operate to any facility that does not meet the minimum design standards that were in effect when its permit to construct, install, or modify the facility was issued.

(v) All applications for a permit to construct or install a treatment works, disposal system, or other facility capable of causing or contributing to pollution (excluding sedimentation ponds, sedimentation control structures, small wastewater systems, sewerage systems, and public water supplies) shall contain the following:
(A) Documentation that the facility poses no threat of discharge to groundwater. The documentation shall consist of data that demonstrates that:
(I) Facility construction will not allow a discharge to groundwater by direct or indirect discharge, percolation, or filtration;

(II) The quality of wastewater will not cause any violation of the groundwater standards of Water Quality Rules Chapter 8; or

(III) Existing soils or geology will not allow a discharge to groundwater; or

(B) A subsurface study that meets the following requirements and contains the following information:
(I) Type, quantity, source, and chemical, physical, radiological, and toxic characteristics of fluids, wastes, or other materials to be held, treated, or disposed;

(II) The name, description, depth, geology, and hydrology of any receiver that may be affected by the proposed facility;

(III) A map indicating existing well locations, topography, proposed facility locations, and surface water features. The map shall also include proposed monitoring wells if required in accordance with Section 14(a) of this Chapter;

(IV) Types of soils, soil permeability, and soil assimilation capabilities at the site;

(V) Information on all existing water wells near the proposed facility, including well completion, yield, water use, water quality, and other relevant data. This information is required for:
(1.) All wells within one-quarter (1/4) mile radius of the proposed facility;

(2.) All domestic and public water supplies located in a one (1) mile radius of the proposed facility; and

(3.) In aquifers where groundwater movement is rapid, the Administrator may require this information on wells within a three (3) mile radius of the proposed facility;

(VI) Hydrologic information that includes:
(1.) Potentiometric surface (water table) map;

(2.) Identification of aquifers:
a. Distribution and depth range;

b. Aquifer characteristics; and

c. Aquifer test data; and

(3.) Water quality variations.

(VII) If available, the following information:
(1.) Surface geology maps of:
a. Area distribution of formations or units;

b. Dip and strike; and

c. Faults, dikes, sills, and other intrusives or extrusives.

(2.) Area geologic reports;

(3.) Stratigraphic information, including:
a. Columnar or stratigraphic section;

b. Lithologic descriptions of rock units; and

c. Thickness of rock units; and

(C) The subsurface study shall demonstrate that the proposed facility will not cause or result in a violation of the groundwater standards in Water Quality Rules Chapter 8, contain information and data from pre-operational monitoring wells located to accurately characterize the subsurface environment, and include the following items:
(I) Well locations;

(II) Well completion information;

(III) Depth to the uppermost water-bearing zone;

(IV) Background water quality;

(V) Direction of groundwater movement;

(VI) Hydraulic conductivity;

(VII) Geology and types of soils; and

(VIII) Depth to base of the uppermost water-bearing zone.

(e) The Administrator shall promptly notify the applicant in writing of all actions taken on the application.

(f) If, upon review of an application, the Administrator determines that a permit is not required under the Environmental Quality Act, the Administrator shall notify the applicant of this determination in writing.

(g) The Administrator may provide opportunity for public comment and hold a public meeting prior to recommending individual permit approval if the Administrator determines there is a significant degree of public interest.

(h) If upon review of an application, the Director determines that a permit should not be granted, the Director shall notify the applicant in writing of the permit denial and state the reasons for denial.

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