Wyo. Code R. 020-0011-2
Effective Date: 10/28/1974 to 11/10/2004
Rule Type: Superceded Rules & Regulations
Reference Number: 020.0011.2.10281974
Section 1. Authority. This regulation is promulgated pursuant to Section 35-502 et seq., Wyoming Statutes 1973 and Section 402(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. et seq. for the purpose of instituting a permit issuance program in conformity with the requirements of the National Pollutant Discharge Elimination System, for point source waste discharges into State waters.
Section 2. Definitions. For purposes of this regulation, the following terms shall have the meanings or interpretations set out below and shall be used in conjunction with, and as supplemental to, those definitions contained in Section 35-502.3, Wyoming Statutes.
a. 'Administrator of the EPA' means the chief executive officer of the U.S. Environmental Protection Agency.
b. 'Administrator' means the Administrator of the Water Quality Division, Wyoming Department of Environmental Quality.
c. 'Applicable effluent standards and limitations' means all State and Federal effluent standards and limitations to which a discharge is subject under the Act or the Federal Act, including, but not limited to, effluent limitations, standards of performance, toxic effluent standards and prohibitions, and pretreatment standards.
d. 'Applicable water quality standards' means all water quality standards to which a discharge is subject under the Act or Federal Act and which have been approved by the Administrator of the EPA.
e. 'Application' means the uniform national forms, including subsequent revisions or modifications, for application for an NPDES permit.
f. 'Effluent limitation' means any restriction established by the State or by the Administrator of the EPA on quantities, rates and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into water of the State, including schedules of compliance.
g. 'EPA' means the United States Environmental Protection Agency.
h. 'Federal Act' means the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1251 et seq.
i. 'Form' means any issued permit and any uniform national form developed for use in the NPDES system or these regulations.
j. 'Industrial user' means those industries identified in the Standard Industrial Classification Manual, Bureau of the Budget, 1967, as amended and supplemented, under the category 'Division D - Manufacturing' and such other classes of significant waste producers as, by regulation, the Administrator deems appropriate.
k. 'Minor Discharge' means any discharge which (1) has a total volume of less than 50,000 gallons on every day of the year, (2) does not affect the waters of any other State, and (3) is not identified by the Director, the Regional Administrator, or by the Administrator in regulations issued pursuant to Section 307(a) of the Federal Act as a discharge which is not a minor discharge. If there is more than one discharge from a facility and the sum of the volumes of all discharges from the facility exceeds 50,000 gallons on any one day of the year, then no discharge from the facility is a 'minor discharge' as described herein.
l. 'New Source' means any source, the construction of which is commenced after publication by the Administrator of the EPA of a proposed standard of performance, which will be applicable to such source if promulgated.
m. 'NPDES' means National Pollutant Discharge Elimination System which is the national system for the issuance of permits under Section 402 of the Federal Act.
n. 'Permit' means any permit issued by the Administrator of the EPA or the Administrator of the Water Quality Division to regulate the discharge of waste pursuant to Section 402 of the Federal Act and these regulations. The permit to discharge shall also be a permit to operate in accordance with Section 35-502.18(a)(iii) of the Wyoming Statutes.
o. 'Pollutant' shall mean the same as, and be included within, the meaning of 'wastes'. It shall include, but not be limited to the following: dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water.
p. 'Pretreatment standards' means standards for that level of treatment required of waste before introduction into a publicly-owned treatment works so that it neither interferes with, passes through, or otherwise is incompatible with such works.
q. 'Refuse Act' means Section 13 of the River and Harbor Act of March 8, 1899.
r. 'Regional Administrator' means the EPA Region VIII Administrator.
s. 'Reporting Form' means the uniform national forms, including subsequent revision and modification, for reporting data and information pursuant to monitoring and other conditions of NPDES permits.
t. 'Schedule of compliance' means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation, other limitation, prohibition, or standard.
u. 'Standard of performance' means a standard for the control of the discharge of pollutants which reflects the greatest degree of effluent reduction which the Administrator of the EPA determines to be achievable through application of the best available demonstrated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants.
v. 'Toxic pollutant' means those pollutants, or combination of pollutants, including disease causing agents, which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will on the basis of information available to the Administrator of the EPA, cause death, disease, behavioral abnormalities, cancer, genetic malfunctions, physiological malfunctions (including malfunctions in reproduction), or physical deformations in such organisms or their offspring.
a. The owner or operator of any existing point source within the State of Wyoming shall have complied with State permit application requirements by:
(1) having filed a complete Refuse Act permit application with the U.S. Army Corps of Engineers; or by
(2) having filed a complete NPDES permit application with the EPA.
b. Existing point sources not presently required to file under present regulations, must file a proper permit application with the Department within 60 days of notice that such application is required.
c. The owner or operator of any point source shall provide any additional information requested by the Administrator of the Water Quality Division to supplement a completed NPDES application. Such requests for additional information may include but not be limited to the following types of facilities:
(1) new sewerage systems, treatment works, disposal systems, and concentrated animal feeding operations;
(2) extensions, modifications of, or additions to new or existing sewerage systems, treatment works, disposal systems, and concentrated animal feeding operations;
(3) extensions, modifications of, or additions to factories, manufacturing establishments, business enterprises, or concentrated animal feeding operations, the operation of which would result in violation of existing permit conditions; and
(4) new outlets for the discharge of waste or other forms of pollution into any disposal system or otherwise into State waters.
d. The owner or operator of any point source within the State of Wyoming who proposes to commence discharging wastes into the waters of the State or to alter or increase the volume of wastes discharged into the waters of the State must file with the Administrator a complete application either (1) no less than 180 days in advance of the date on which it is desired to commence the discharge of pollutants or (2) in sufficient time prior to the commencement of the discharge or pollutants to insure compliance with the requirements of Section 306 of the Federal Act, or with any applicable zoning or siting requirements established pursuant to Section 208(b)(2)(c) of the Federal Act, and any other applicable water quality standards and limitations. In any event, no person shall commence such a discharge without having obtained a permit from the Department, and no permit shall be issued without full compliance by the permittee with all requirements of these regulations.
e. A permit application and other documents required to accompany said application when submitted to the Department must be signed as follows:
(1) in the case of corporations, by a principal executive officer of at least the level of vice president, or his duly authorized representative, if such representative is responsible of the overall operation of the facility from which the discharge described in the permit form originates;
(2) in the case of a partnership, by a general partner;
(3) in the case of a sole proprietorship, by the proprietor; and
(4) in the case of a municipal, State, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee.
a. Upon receipt of a completed permit application and requested supplemental information, the Administrator of the Water Quality Division shall make a tentative determination with respect to the issuance or denial of a permit. If the Administrator determines that the permit should be issued, then tentative determinations will also be made with respect to the following:
(1) proposed effluent limitations, which in absence of Federal guidelines under 33 U.S.C. 1314 will comply with Section 9(b)(6);
(2) a proposed schedule of compliance; and
(3) special conditions and restrictions other than those specified in these regulations.
b. If the Administrator determines that the permit should be denied, he shall give written notice of this action to the applicant and to the Regional Administrator within 30 days after making the tentative determination.
c. For each application determined to be sufficient, the Administrator shall have prepared a draft permit that embodies the tentative determinations reached relative to paragraph a. of this Section. Draft permits shall be available to the public for inspection and copying.
d. The requirements of Sections 13 and 14 of these regulations shall be complied with for every permit application proposed for issuance by the Administrator.
a. Once the requirements of Sections 6 through 10 of these regulations have been met, a final determination regarding issuance or denial of a permit shall be made. In making such determination, the Administrator shall insure that no permit shall be issued which would authorize any of the following discharges:
(1) the discharge of any radiological, chemical, or biological warfare agent, or high level radioactive waste into navigable waters;
(2) any discharge which the Secretary of the Army, acting through the Chief of Engineers, finds would substantially impair anchorage and navigation;
(3) any discharge to which the Regional Administrator had objected in writing pursuant to the provisions of the Act; and
(4) any discharge from a point source which is in conflict with a plan or amendment thereto approved pursuant to Section 208(b) of the Federal Act.
b. The permit shall be issued by the Administrator if all the requirements of appropriate section of 35-502 et seq. Wyoming Statutes and these regulations have been met. In this regard, the term 'reasonable' as used in Section 35-502.19(a)(vi) shall be considered to mean, as a minimum, compliance with applicable effluent standards and applicable water quality standards.
c. A permit issued pursuant to these regulations shall have a fixed term not to exceed five (5) years. Reissuance of a permit issued pursuant to these regulations shall be in accordance with the requirements of Section 11.
Section 6. Terms and Conditions of Permit. All issued permits will contain, as a minimum, general and special conditions that comply with the requirements of these regulations.
Section 7. General Conditions. All issued permits shall contain general conditions consisting of, but not limited to, the following:
a. All discharges of pollution and/or wastes into State waters authorized by a permit shall be consistent with the conditions of the permit; any sewerage system, treatment works, or disposal system expansions, production increases, or process modifications, which result in a new or increased discharge shall be reported by submission of a new permit application or, if such discharge does not violate effluent limitations specified in the permit, by submission to the Administrator of notice of such new or increased discharge.
b. The discharge of pollution and/or wastes into State waters more frequently than, or at a level in excess of, that identified and authorized by a permit shall constitute a violation of the conditions of the permit.
c. After notice and opportunity for a hearing, a permit may be modified, suspended, or revoked in whole or in part during its term for cause, which includes, but is not limited to, any of the following:
(1) violation of any conditions of the permit; (2) obtaining a permit by misrepresentations or failure to fully disclose all relevant facts; (3) a change in any condition that requires either a temporary or permanent reduction or elimination of the discharge; and (4) a failure or refusal by the permittee to comply with the requirements of Section 12 of these regulations and Sections 35-502.9(a)(iv) and 35-502.10(a)(vii) Wyoming Statutes.
d. A permit may be modified in whole or in part during its term in order to apply any more stringent toxic effluent standard or prohibition, for a toxic substance present in the permittee's discharge, that is promulgated by the Administrator of the EPA.
e. A requirement that the permittee allow the Administrator or his authorized representative upon presentation of his credentials to:
(1) enter the permittee's premises; (2) sample any effluent source and inspect related monitoring equipment; (3) inspect and copy records required by the permit to be kept; and (4) take any other action authorized by 35-502.10(a)(vii) Wyoming Statutes, or these regulations;
Section 8. Special Conditions. All issued permits shall contain special conditions consisting of, but not limited to, the following terms, whenever applicable:
a. Authorization to discharge into State waters from a point source.
b. Effluent limitations on elements in the permittee's discharge that result in pollution. Such effluent limitations shall, as a minimum, comply with any limitation established under the Federal Act.
c. Standards of performance for any new source which, as a minimum, comply with those established under the Federal Act.
d. Toxic effluent standards and prohibitions for any toxic substances in the permittee's discharge which, as a minimum, comply with those established under the Federal Act and may be modified in accordance with Section 7(d) above.
e. Pretreatment standards for introduction of pollutants into treatment works which, as a minimum, comply with standards established under the Federal Act.
f. Any additional limitation that may be required in order for the permittee to meet State water quality and treatment standards, implement total maximum daily load requirements, or achieve compliance with a plan approved pursuant to Section 208(b) of the Federal Act.
g. Any other requirements that the Administrator determines are necessary to carry out the provisions of Sections 35-502 et seq. of the Wyoming Statutes and to insure that water quality standards are met and waste load allocations prepared when required by the Federal Act.
Section 9. Compliance Schedules. In any case where such a compliance schedule is required in order to achieve any of the conditions described in Section 8(b) through (g) above, the following specific requirements will be met:
a. Such schedule will, as a minimum, conform to any legally applicable schedule contained in any applicable effluent standard or water quality standard promulgated under Federal or State authority. In the absence of any such legally applicable schedule, the Administrator and permittee shall comply in the shortest reasonable period of time.
b. In any case where the period of time for compliance exceeds nine months, the schedule of compliance specified in the permit will set forth interim requirements and the dates for their achievement. In no event shall more than nine months elapse between interim dates. To the extent practicable, the interim and final dates shall fall on the last day of the months of March, June, September, and December.
c. The permittee will provide the Administrator with written notice of the permittee’s compliance or non-compliance with each interim and final date either before, or within fourteen days after, such compliance date is reached.
d. If the permittee fails or refuses to comply with an interim or final requirement in a permit, such non-compliance shall constitute a violation of the permit, and the Administrator may modify, suspend, or revoke the permit to take direct enforcement action.
e. Upon request of the permittee, the Administrator may revise or modify a schedule of compliance for good and valid cause (such as an Act of God, strike, flood, material shortage, or other event over which the permittee has little or no control), if the Regional Administrator does not object to such revision or modification.
f. On the last day of the month of February, May, August and November, the Administrator shall transmit to the Regional Administrator, a list of all instances, as of 30 days prior to the date of such report, of failure or refusal of a permittee to comply with an interim or final compliance requirement. Such list shall be available to the public for inspection and copying and include:
(1) the name and address of non-complying permittee;
(2) a short description of each instance of non-compliance; (3) short description of any action proposed by the permittee or the Administrator to achieve compliance; and (4) any details that tend to explain or mitigate the non-compliance.
g. The permit standards and limitations included pursuant to Sections 7, 8, and 9 shall meet the goal of achieving best practicable control technology by July 1, 1977, and best available technology economically achievable by July 1, 1983.
Section 10. Application of Standards.
a. In the application of those standards described in Section 8(b) through (g) above, the Administrator shall specify:
(1) the daily average and maximum quantitative limitations for the level of allowable pollution and/or waste in an authorized discharge in terms of weight, where applicable; (2) the basis for calculation of effluent limitations; (3) the prohibition of certain discharges without prior approval of the Administrator; (4) self-monitoring, reporting, and recording requirements for each authorized discharge as promulgated in Section 12. (5) requirements for the following: (a) accidental discharges; (b) intentional or accidental bypasses; (c) plant upsets; and (d) discharges of oil, grease, and hazardous substances. (6) all permittees shall, at all times, maintain in good working order and operate as efficiently as possible any facilities or systems of control installed to achieve compliance with the terms and conditions of the permit.
b. Other requirements for publicly owned treatment works shall provide for notice to the Administrator in the following situations:
(1) any new introduction of pollutants into such treatment works from a source which would be a new source as defined in Section 306 of the Federal Act if such source were discharging pollutants;
(2) except as to such categories and classes of point sources or discharges specified by the Director, any new introduction of pollutants into such treatment works from a source which would be subject to Section 301 of the Federal Act if such source was discharging pollutants; and
(3) any substantial change in volume or character of pollutants being introduced into such treatment works by a source introducing pollutants into such works at the time of issuance of the permit.
(4) such notice shall further include information on the quality and quantity of waste which will be or is being introduced into such treatment works, and the anticipated impact of such change in the quantity and quality of effluent to be discharged from such publicly owned treatment works.
c. The owner of a publicly owned treatment works shall require any industrial user of such works to comply with the following:
(1) any system of user charges instituted by the owner (permittee) shall insure that each recipient of waste treatment services will pay its proportionate share of the costs of the operation and maintenance of the publicly owned treatment works;
(2) any toxic or pretreatment standards established under Section 8(b) and (c) of these regulations and any schedule required to achieve compliance with those standards; and
(3) shall allow the permittee and the Administrator or his designated representative the same rights of entry, inspection, sampling, and copying provided for in Section 7(e).
a. Any permittee who wishes to continue to discharge after the expiration date of his permit must request reissuance of his permit at least 180 days prior to its date of expiration.
b. The request for reissuance of a permit shall be in letter form and contain, as a minimum, the following information:
(1) the number of the issued permit and the date of its issuance; and
(2) any past, present, or expected future changes in the quantity or quality of the authorized discharge not reflected in the terms and conditions of the issued permit.
c. The Administrator shall have each request for reissuance reviewed in light of the existing permit, information provided by the permittee with the request for reissuance, and all other information available to the Administrator bearing on the subject permit to insure that the following conditions exist:
(1) that the permittee is in compliance with or has substantially complied with all the terms and conditions of the expiring permit;
(2) that the discharge is consistent with applicable effluent standards and compliance schedules, water quality standards, and other legally applicable requirements imposed under Sections 6 through 12 of these regulations; and
(3) that the Administrator had up-to-date information on the permittee's discharge, either pursuant to the submission of new forms or pursuant to monitoring records and reports submitted to the Administrator by the permittee.
d. Following the review of the request for reissuance of a permit and the other considerations described in paragraph c. above, the Administrator shall make a tentative determination to reissue or refuse to reissue a permit.
e. The processing and notice procedures in Sections 4, 5, and 13 through 15 shall be followed for every permit that is reissued.
a. Any discharge authorized by a permit shall be subject to such monitoring requirements as may be required by the Administrator including the installation, use, and maintenance of monitoring equipment.
b. Any discharge authorized by a permit which has a volume of more than 50,000 gallons per day on any day of the year, or for which monitoring is requested in writing by the Regional Administrator, or which contains toxic pollutants for which an effluent standard has been promulgated pursuant to these regulations, shall be monitored at intervals sufficiently frequent to characterize the discharge, for the following:
(1) flow;
(2) all of the following pollutants:
c. The permittee shall maintain records of all information resulting from monitoring activities required of him by his permit for a period of three years, or for a longer period if so requested by the Administrator, or Regional Administrator. Such records shall include, but are not limited to, the following:
(1) the date, place, and time of the sampling; (2) the dates and by whom analyses were performed; (3) analytical techniques used; and (4) the results of such analyses.
d. The permittee shall be required to periodically report, at a frequency of not less than once per year, to the Administrator, on the proper forms, the results of any monitoring required by the permit. In addition, the Administrator may require the submission of such additional monitoring information he may consider necessary. Where applicable, the procedures specified will be consistent with any national program specified by the Administrator of the EPA in regulations promulgated under the Federal Act.
Section 13. Public Participation.
a. For the purposes of the permit program established pursuant to these regulations, the following procedures will be followed in the issuance or reissuance of every proposed permit in order to insure the greatest possible degree of public participation.
b. Public notice of every complete application for a permit shall be given in the following manner:
(1) notice shall be circulated by one or more of the following methods: (a) posting in the post office and other public places of the municipality nearest the premises; (b) posting near the entrance to the applicant's premises; (c) publication in local newspapers; (2) notice shall be mailed to any person upon request, and the Administrator shall upon request add the name of any person to a list of persons or parties designated to receive copies of notices for all applications. (3) the Administrator shall provide a period of not less than 30 days following the date of public notice during which interested persons may submit their views on the permit application. (4) the contents of the public notice described herein shall include the following: (a) name, address, and phone number of the Water Quality Division; (b) name and address of the applicant;
(c) a brief description of each activity or operation resulting in the discharge described in applicant's application;
(d) the name of the water course to which such discharge is made and a brief description of the location of the discharge;
(e) a statement of the tentative determination to issue or deny the permit;
(f) a brief description of the method of final determination and the 30 day comment period; and
(g) a statement that a copy of the draft permit, fact sheet, (if prepared), and other information is available at the address specified in paragraph (a) above.
c. For every discharge which has a total volume of more than 50,000 gallons on any single day of the year, the Administrator shall prepare and, following public notice, shall send, to any person so requesting, a fact sheet with respect to the application described in the notice. The Administrator shall also add the name of any person so requesting to a list of those parties or persons designated to receive all fact sheets published, and such fact sheet shall contain, as a minimum, the following information:
(1) a sketch or description of the discharge described in the permit application;
(2) a quantitative description of the discharge which shall include the rate or frequency of discharge, the average summer and winter temperatures, and the average daily discharge in pounds per day and/or kilograms per day of any types of waste in the discharge;
(3) any tentative determinations reached by the Administrator concerning the application;
(4) a brief citation of any water quality standards and effluent standards that apply to the proposed discharge; and
(5) a comprehensive description of the procedures for formulating a final decision with respect to the application.
d. The following governmental agencies shall be included on a mailing list for receipt of public notice of permit applications and fact sheets, and each will be provided an opportunity to comment upon the proposed permit.
(1) United States Environmental Protection Agency
(2) Second Coast Guard District
(3) United States Bureau of Reclamation
(4) United States Soil Conservation
Service
(5) United States Forest Service (6) United States Bureau of Land Management (7) United States Bureau of Sports Fisheries and Wildlife (8) Wyoming Game and Fish Department (9) Wyoming Oil and Gas Conservation Commission (10) Any other State or Federal agency requesting to be placed on the mailing list.
e. Any state whose waters may be affected by the issuance of a permit shall be provided with a copy of the public notice and any other relevant documents that are requested. Each affected state shall be afforded an opportunity to comment on the proposed permit, and the Administrator shall take these comments into account in preparing the final permit, or he shall provide the affected state, and the Regional Administrator, a written explanation of his reasons for failing to accept any of the comments.
f. The Administrator shall enter into a written agreement with the District Engineer of the U.S. Corps of Engineers, to arrange for the transmission of forms, the period for comment, waiver of the right to receive information concerning certain classes or types of discharges, and other procedures. A copy of any such agreement will be sent to the Regional Administrator.
Section 14. Public Hearing.
a. The Administrator shall provide an opportunity for the applicant or any interested person or state to request a public hearing with respect to any permit application. Any such request shall be filed during the comment period specified in Section 13b.(2) above, and shall indicate the interest of the party and the reasons why a hearing is warranted. If the Administrator finds that there is a significant degree of public interest in holding such a hearing, after resolving instances of doubt in favor of holding the hearing, he will request that the Council hold such a hearing in the geographic area wherein the proposed discharge is located, or other appropriate area.
b. Public notice of a hearing held pursuant to paragraph a. above, will be circulated utilizing all of the methods available for notice of the permit application set out in paragraph b. above, and such notice will be provided no less than 30 days in advance of the hearing. The contents of the public notice will consist of the following:
(1) name, address, and phone number of the Water Quality Division; (2) name, and address of each applicant whose application will be considered at the hearing; (3) name of waterway to which each discharge is made and a short description of the location of each discharge on the waterway;
(4) brief reference to the public notice issued for each permit application including identification number and date of issuance.
(5) information regarding the time and location of the hearing;
(6) the purpose of the hearing;
(7) a concise statement of the issues raised by the persons requesting the hearing;
(8) a statement that a copy of the draft permit, fact sheet, and other information is available at the address specified in paragraph (1) above; and
(9) a brief description of the nature of the hearing, including applicable rules and procedures to be followed in accordance with the Wyoming Administrative Procedure Act.
a. All information received on the permit forms provided shall be made available to the public for inspection and copying except such information as has been determined to constitute trade secrets pursuant to Section 35-502.53, Wyoming Statutes. In making any determination of confidentiality, the Director of the Department of Environmental Quality shall follow the procedures contained in 40 CFR 124.35(b). The Administrator shall provide facilities for inspection and copying of all non-confidential documents.
a. Disposal of pollutants into wells when such disposal will affect State waters is prohibited except as provided for in Section 35-502.3(c) (i) Wyoming Statutes and by permits issued by the State Oil and Gas Commission, and approved by the Administrator. The Administrator shall insure that all requirements of these regulations are met before a permit is issued.
b. Notwithstanding any other provision in these regulations, any point source the construction of which is commenced after the date of enactment of the Federal Water Pollution Control Act Amendments of 1972, and which is so constructed as to meet all applicable standards of performance shall not be subject to any more stringent standards of performance during a 10-year period beginning on the date of completion of such construction or during the period of depreciation or amortization of such facility for the purposes of Section 167 or 169 of the Internal Revenue Code of 1954, whichever period ends first.
c. The Administrator shall enter into a formal agreement with the Regional Administrator concerning procedures for the following actions;
(1) receipt and use of Federal data;
(2) transmission of data to the Regional Administrator;
(3) preparation and review of proposed permits; (4) transmission of proposed permits to the Regional Administrator; (5) transmission of issued permit to the Regional Administrator; (6) monitoring, reporting, and recording requirements; (7) treatment of confidential information; (8) enforcement procedures; and (9) any other procedures the Administrator finds necessary in order to operate the permit program.
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