Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0011 - Water Quality
Chapter 9 - WYOMING GROUNDWATER POLLUTION CONTROL PERMIT
Section 9-7 - Application Processing Procedures; Permit Issuance or Denial; Permit Duration
Universal Citation: WY Code of Rules 9-7
Current through September 21, 2024
(a) For any subsurface discharge excepting a special process discharge:
(i) The applicant shall file three (3) copies
of his application at the office of the Department.
(ii) The Administrator will review each
application received to determine if the application:
(A) Should be accepted as complete; or
(I) Requires public notice; or
(II) Does not require public
notice.
(B) Is
incomplete; or
(C) Should be
denied.
(iii) If a
permit is denied, written notice of the action shall be given within 30 days
after the determination has been made.
(iv) For each application determined to be
complete, the Administrator shall have prepared a proposed permit that embodies
tentative determinations reached. Proposed permits shall be provided to the
applicant and made available to the public for inspection and copying. If
public notice is not required, the proposed permit will be the final
permit.
(v) Prior to the issuance
of a permit for a discharge of commercial, municipal or industrial wastes, the
applicant will affirmatively demonstrate that the pollution or waste can be
contained and will not migrate into other receivers or to the surface. The
demonstration may be waived if the applicant submits data that document that
the provisions of this requirement will be accomplished by the proposed
operation. If the demonstration is not waived, the applicant may apply for a
miscellaneous discharge permit in lieu of a permit for a discharge of
commercial, municipal or industrial waste.
(vi) Prior to the issuance of a permit for a
subsurface discharge and at a minimum of once every five (5) years thereafter
for the life of the permit, the operator shall demonstrate and/or document, as
required by the Administrator, the mechanical integrity of the well or
system.
(vii) A permit shall be
issued within 60 days after receipt of all information if, acting upon the
complete application of the person applying to discharge, the Administrator has
found and determined that the proposed discharge will not result in violation
of Quality Standards for Wyoming Groundwaters, and a
public hearing is not required.
(viii) Public notice is required for every
application for a permit to discharge to Groundwater of the State that is an
existing source of water supplies; or for the purpose of underground management
of commercial, municipal and industrial wastes.
(A) Notice shall be given pursuant to Section
17 of these regulations.
(B) If no objections are received, the permit
shall be issued within 20 days following the complete comment period.
(C) If written objections are filed during
the comment period, the Council shall hold a public hearing pursuant to Section
18 of these regulations.
(D) If a hearing is held, the Council shall
issue a decision within 60 days after the final hearing. A permit is then
issued or denied by the Director no later than 15 days from receipt of the
Council's decision.
(ix)
Permits may be issued on a well-by-well basis or by discharge facility,
project, field, area or other appropriate method.
(x) Every permit issued under these
regulations will be issued for the life of the discharge operation excepting as
otherwise specified in these regulations.
(A)
Each issued permit shall be reviewed at least once every five (5)
years.
(B) The permit review shall
be an evaluation to determine that the permittee is in compliance with or has
substantially complied with all the terms and conditions of the permit, that
the Department has the most recently updated information of the permittee's
discharge and related pertinent activities including records, reports and
notices submitted to the Department by the permittee; and that the mechanical
integrity of the discharge well and facility is intact.
(xi) A permit issued for a discharge
described in Section
3.(c) (iii) (H) shall be for a limited
period not to exceed a total of 18 months from the date of issuance, and shall
not affect a discharge area larger than 21/2 acres, unless a different time and
scope are established by the Director.
(b) Permit processing procedures, issuance or denial and duration for a special process discharge shall be identical to the procedures for an in situ mining permit or license meeting the requirements and provisions of Land Quality Rules and Regulations, Chapter 18, Section 2(a).
(i) An application for a special process
discharge/in situ mining permit or license shall be submitted simultaneously to
the Water Quality and Land Quality Divisions. Both Divisions shall review and
evaluate the application for compliance with statutory and regulatory
requirements of the Department.
(ii) Upon recommendation by the Administrator
of the Land Quality Division and the Administrator of the Water Quality
Division, and pursuant to these regulations, the Director shall issue a single
permit by both Divisions for in situ mining.
(iii) Prior to the issuance of a permit for a
special process discharge, the applicant will affirmatively demonstrate that
the pollution can be eliminated or reduced to an appropriate level. The
demonstration may be waived if the applicant submits data that document that
the provisions of this requirement will be accomplished by the proposed
operation. If the demonstration is not waived, the applicant may apply for a
miscellaneous discharge permit in lieu of a special process discharge
permit.
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