Wyo. Code R. 020-0011-3
Chapter 3: Prmt. to Construct PubWtr Sup & Wstwtr Fac.
Effective Date: 03/18/1988 to 11/21/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 020.0011.3.03181988
Date Filed 03/18/88
Expr Date
Supr Date
Repeal Date
Document Type RULES
Section 1. Authority. This regulation is promulgated pursuant to the Wyoming Environmental Quality Act, W.S. 35-11-101 through W.S. 35-11-1207. Specifically, W.S. 35-11-301 stipulates that no person, except when permit authorized, shall: construct, install, modify or operate any public water supply, sewerage system, treatment works, disposal system or other facility, excluding uranium mill tailing facilities capable of causing or contributing to pollution, except that no permit to operate shall be required for any publicly owned or controlled sewerage system, treatment works, disposal system or public water supply. W.S. 35-11-304 stipulates that to the extent requested, authority to enforce and administer W.S. 35-11-301(a)(iii) and (v) shall be delegated to qualifying municipalities, water and sewer district or counties. Delegation of authority is limited to small wastewater facilities, publicly owned or controlled non-discharging treatment works, sewerage systems and public water supply distribution systems.
(a) Except as provided in paragraphs (b), (c), and (d) below, these regulations shall apply to all public water supplies as defined in Section 3 (g) of these regulations and to all private, municipal, commercial and industrial (including mining) sewerage systems, treatment works, disposal facilities, sludge handling and disposal facilities and other facilities capable of causing or contributing to pollution.
(b) Pursuant to the provisions of W.S. 35-11-301 (a) (iii) as amended by the Session Laws of Wyoming, 1987, passed by the 1987 Legislative Session, effective March 13, 1987, uranium mill tailing facilities are excluded from the requirement to obtain a permit to construct, install, modify or operate a facility capable of causing or contributing to pollution. The following requirements are applicable to these facilities:
(i) Decrees existing as of March 13, 1987 remain in full force and effect.
(ii) These facilities shall not cause a violation of quality standards for surface or groundwaters as contained in Chapters I and VIII, Wyoming Water Quality Rules and Regulations; and
(c) Pursuant to the provisions of W.S. 35-11-109 (a) (ii) and W.S. 35-11-1104 (a) (iii), the following facilities being regulated by other agencies of the State of Wyoming, while subject to the requirements of the Wyoming Environmental
Quality Act, will not require the issuance of a permit:
(i) Noncommercial pits and ponds permitted by the Wyoming Oil and Gas Conservation Commission for the storage, treatment and disposal of drilling fluids, produced waters, emergency overflow wastes or other oil field wastes associated with the maintenance and operation of oil and gas exploration and production wells on a lease, unit or communitized area.
(ii) Noncommercial underground disposal into class II injection wells, as defined under the federal Safe Drinking Water Act, of salt water, non potable water and oil field wastes related to oil and gas production and permitted by the Wyoming Oil and Gas Conservation Commission.
(d) These regulations do not apply to the following facilities inasmuch as these facilities are authorized by a permit issued pursuant to the provisions of this act, or they discharge into a facility or facilities authorized by a permit issued pursuant to the provisions of this act:
(i) Sanitary landfills, pits at sanitary landfills, and sludge disposal sites permitted by DEQ Solid Waste Management Section; and
(ii) Sediment control structures where the outfall enters into another sediment control structure which was permitted under this chapter and was designed and constructed to treat the additional loading.
Section 3. Definitions. The following definitions supplement those definitions contained in Section 35-11-103 of the Wyoming Environmental Quality Act.
(a) 'Communitized area' means an area involving more than one lease where a cooperative agreement is developed for the drilling and operation of a single oil or gas well by one operator in accordance with a spacing order of the Wyoming Oil and Gas Conservation Commission and any subsequent well density order.
(b) 'Groundwater' means subsurface water that fills available openings in rock or soil materials such that they may be considered water saturated under hydrostatic pressure.
(c) 'Noncommercial pits and wells' means pits and wells operated by an oil and gas operator and intended to receive wastes from oil or gas wells on a lease, unit or communitized area.
(d) 'Nondischarging treatment works' means any plant or other works used for the purpose of treating, stabilizing or holding wastes without any addition of any pollution or wastes to any waters of the state.
(e) 'Permit' means written authorization issued by the division duly executed which authorizes the permittee to construct, install, or modify the facilities as set forth in this Chapter.
(f) 'Publicly owned or controlled facility' means a system for which a municipality, county or water and sewer district receives a permit to discharge and/or construct, modify or install any public water supply, sewerage system, treatment works, disposal system or other facility capable of causing or contributing to pollution. If an entity other than a municipality, county or water and sewer district is the applicant or recipient of a permit under Chapter II and III of the Wyoming Water Quality Rules and Regulations, the facility will be deemed to not be publicly owned or controlled.
(g) 'Public water supply' means any water supply being distributed by twenty or more service connections utilized to furnish water for human consumption either in preparing foods or beverages for inhabitants of residences or business establishments. A public water supply includes the source, treatment system, waste disposal system, distribution system, service connections, finished water storage and pumping stations.
(h) 'Receiver' means any zone, interval, formation or unit in the subsurface into which fluids and pollutants are or may be discharged.
(i) 'Sedimentation control structures' means any collection ditch, containment ditch or other conveyance or impoundment used to convey runoff to an impoundment or impound runoff for the purpose of settling out sediment or suspended solids. The impoundment will individually contain less than two acre feet of runoff in addition to sediment storage or contain less than two acres in surface area, whichever is smaller. Non-soil strainer dikes, terraces, riprap and mulches are primarily intended for soil conservation purposes and do not require permits to construct.
(j) 'Sedimentation pond' means a primary sediment control structure designed, constructed and maintained to slow down water runoff to allow sediment to settle out, including, dams or excavated depressions or natural depressions in excess of two acre feet. The term does not include strainer dikes, terraces, riprap, check dams, mulches, or other secondary sediment control structures.
(k) 'Sewage collection facility' means a sewerage system, including pipelines, conduits, storm sewers, pumping stations, force mains, and all other construction, devices, appurtenances and facilities used for collection or conducting wastes to an ultimate point for treatment or disposal.
(l) 'Sludge' means any mixture or suspension of liquid and solid wastes having a total suspended solids content greater than 10 (ten) percent by weight.
(m) 'Small wastewater system' means any sewerage system, disposal system or treatment works having simple hydrologic and engineering needs which is intended for wastes originating from a single residential unit serving no more than four families or which distributes 2,000 gallons or less of domestic sewage per day.
(n) 'Unit' means a combination of leases by a cooperative agreement to provide for a single operator of a number of oil and gas wells during exploration and/or production.
(o) 'Wastewater facilities' means sewerage systems, disposal systems and treatment works.
(p) 'Water distribution facility' means pipelines, conduits, pumping stations, storage facilities and all other constructions, devices, appurtenances and facilities used for collecting or conducting water from the source to an ultimate point for treatment and from the treatment facility to the service connections of a public water supply.
Section 4. Prohibitions. No person shall, except when authorized by permit issued pursuant to the Act and these regulations:
(a) Construct, install, or modify any public water supply, sewerage system, treatment works, disposal system or other facility capable of causing or contributing to pollution;
(b) Construct, install, or modify any facility in non-compliance with the terms and conditions of an issued permit;
(c) Construct, install, or modify a facility with a permit that has expired or has been suspended or revoked; or
(d) Commence construction or modification of any industrial facility capable of causing or increasing water pollution in excess of standards established by the department before a permit is obtained pursuant to W.S. 35-11 801(c);
(e) Discharge wastes into an exempted or permitted treatment works, sewerage or disposal system which are inconsistent with the type or quantity of wastes for which the facility is designed.
Section 5. Permit Required; Control of Construction, Installation and Modification Permits; Responsibility on Issued Permits
(a) Construction, installation, or modification of facilities shall be allowed only in accordance with the terms and conditions of permits issued pursuant to the Act and provisions of these regulations.
(b) No construction, installation or modification of a public water supply, sewerage system, treatment works, disposal system or other facility, excluding uranium mill tailings facilities, capable of causing or contributing to pollution shall be allowed unless a permit to construct, install or modify has been obtained from the administrator.
(c) The issuance of a permit to construct does not relieve the permittee of its responsibility to properly plan, design, construct, operate and maintain the facility described in the application and permit conditions.
Section 6. Application Requirements. The following procedures will be followed in applying for a permit:
(a) Any person who proposes to construct, install or modify a facility required to be permitted under Section 5 shall submit a written application on forms provided by the administrator.
(b) The application for a permit to construct, install or modify must be accompanied by three copies of plans, specifications, design data or other pertinent information covering the project, and any additional information required by the administrator. In instances where an environmental monitoring program is required as determined by the administrator, the application shall also include a proposed monitoring program to satisfy the requirements of Section 15.
(c) All plans and specifications submitted shall carry the seal or signature of the designing engineer in accordance with W.S. 33-29-101 through 33-29-113.
(d) All plans and specifications must conform to common and accepted engineering practices as determined by the administrator or as defined by applicable Water Quality Division regulations.
Section 7. Application Processing Procedures. All permit applications received will be processed in the following manner:
(a) The administrator shall review each application and take final action within 60 days from the date the application is received.
(b) Incomplete application will be processed in the following manner:
(i) Additional information shall be requested in detail or the application may be returned to the applicant. Incomplete permit applications will result in permit denial.
(ii) If an application is denied because of incompleteness necessitating a request for additional information, the applicant shall have a maximum of six months to comply with the request. If the applicant fails to provide the requested information within that period, the entire incomplete application shall be returned.
(iii) Resubmittal of information by an applicant on an incomplete application will be processed as described in this section.
(c) All plans and specifications must meet or exceed minimum design standards and these regulations. Applications for modification of existing facilities permitted by the division to increase capability to treat, hold, or dispose of wastes may be approved requiring only the modification to meet minimum design standards if the existing facility is not in violation of applicable regulations. Facilities not in compliance will require modifications to other portions of the facility to bring the facility into compliance with applicable regulations. Other modifications will be allowed if minimum standards for the modification are met.
(d) Each application must be submitted with all supporting data necessary for review. Processing of the application with respect to recommendations or required changes will be done in accordance with the provisions of applicable statutes, rules and regulations of the administrator.
(e) The administrator shall promptly notify the applicant in writing of the final action taken on the application. If the conditions of the permit are different from the proposed application submitted by the applicant for review, the notification shall include reasons for the changes made.
(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. Such notification shall constitute final action on the application.
(g) If upon review of an application, the administrator determines that a permit should not be granted, the administrator shall notify the applicant in writing of the permit denial and state the reasons for denial.
(h) If the applicant is dissatisfied with the conditions or denial of any permit issued by the administrator, he may request a hearing in accordance with Section 12.
(a) In lieu of individual permits for every sedimentation control structure, an applicant may request the division to permit a sedimentation structure control plan.
(b) A sedimentation control structure permitted under this section cannot obtain wastewater from any other source than natural runoff.
(c) The sedimentation control structure shall not be located in a drainage channel which accepts runoff from undisturbed areas.
(d) All sedimentation control structures permitted by this section shall be constructed before lands are affected, except sedimentation control structures for topsoil piles shall be completed within 15 days after the need arises.
(e) All facilities constructed under a permit issued pursuant to this section shall submit the following information within 30 days after construction is completed:
(i) exact size, location and capacity of the facility;
(ii) amount of disturbed area and other information used to size the facility;
(f) The permit application for a sedimentation control structure plan must contain:
(i) design information which will be used to size individual facilities to meet requirements of applicable Wyoming Water Quality Rules and Regulations;
(ii) provisions for dewatering;
(iii) typical design and construction details of the facilities; and
(iv) plan view indicating all areas to be covered by the application and the topography of the area.
Section 9. Construction and Operation in Compliance with Issued Permit. The permittee shall:
(a) Conduct all construction, installation, or modification of any facility permitted consistent with the terms and conditions of the permit. Unauthorized changes, deviations or modifications will be a violation of the permit. A new application or amended application must be filed with the administrator to obtain modification of a permit. No modification shall be implemented until a new or modified permit has been issued or a waiver given pursuant to subsection b.
(b) Request in writing authorization to utilize materials and/or procedures different from those specified in the terms of the issued permit. Such requests shall be directed to the administrator. A waiver may be granted if materials and/or procedures specified in the permit cannot be obtained or accomplished and alternative materials and procedures meet minimum standards. In order to prevent undue delay during construction, the administrator may grant a waiver orally, upon oral request, provided that this request is followed by a written request within five days.
(c) Conduct the operation in accordance with statements, representations, and procedures presented in the complete application and supporting documents, and permit conditions as accepted and authorized by the administrator.
Transfer of Permits
(a) The duration of construction, installation or modification permits will be variable, but shall not exceed five years from the date of issuance. The expiration date will be recorded on each permit issued. Those permits issued without a specified expiration date will be in force no more than five years from date of issuance.
(b) Permits will be issued only to the official applicant of record, who must be the owner of the permitted facility, for only the type of construction of record and shall be automatically terminated:
(i) Within 60 days after sale or exchange of the facility unless application for transfer is received pursuant to subsection c of this section.
(ii) When construction is completed. However, conditions included in the permit will remain in effect throughout the life and post-monitoring period of a facility.
(iii) Upon issuance of a new, renewed or modified permit.
(iv) Upon written request of the permittee.
(c) Permits shall be transferred to new owners by completion and submittal of ownership transfer forms by the new owner to the administrator. The new owner shall also submit a written request from the existing owner to transfer ownership. The administrator shall act within 30 days after receipt of the request.
(d) Any conditions established in a construction, installation or modification permit will be automatically transferred to the new owner whenever a transfer of ownership of the facility occurs.
Section 11. Renewal of a Permit. A permit may be renewed where construction has not been completed by filing an affidavit with the administrator stating that there will not be any changes in the plans for construction, installation, or modification of a permitted facility no less than 30 days prior to the expiration date of the permit.
(a) The administrator may deny a permit for any of the following reasons:
(i) The application is incomplete or does not meet applicable minimum design and construction standards as specified by Wyoming Water Quality Rules and Regulations.
(ii) The project, if constructed, will cause violation of applicable state surface or groundwater standards;
(iii) The project does not comply with applicable state and local water quality management plans as specified in Section 16 of this Chapter.
(iv) The project, if constructed, would result in hydraulic and/or organic overloading of wastewater facilities;
(v) The project, if constructed, would result in public water supply demand in excess of source, treatment or distribution capabilities; or
(vi) Other justifiable reasons necessary to carry out the provisions of the Environmental Quality Act.
(b) If the administrator proposes to deny issuance of a permit, the applicant shall be notified by registered or certified mail of the intent to deny and the reason for denial.
(c) In the case of denial of a permit by the administrator, the applicant, if he so desires, may request a hearing before the Environmental Quality Council. A request for hearing shall be made in writing within 60 days of receipt of notification of the denial to the director and shall state the grounds for the request. Any hearing shall be conducted pursuant to the regulations of the department.
Section 13. Modification of a Permit. Either before construction is completed upon a permitted facility, or during the review of a proposed facility application, the administrator may, for good cause, modify a construction permit.
(a) When reviewing an application or before construction on a facility is completed, the administrator may modify a permit due to the following reasons:
(i) existing, unknown or changing site conditions which would prevent construction and resultant operation from complying with the division's regulations; or
(ii) receipt of additional information; or
(iii) incomplete application on review items where the applicant agrees with the modification; or
(iv) review items not in compliance with minimum standards where the applicant agrees with the modification; or
(v) any other reason necessary to effectuate applicable statutes, standards or regulations.
(b) The administrator shall notify the permittee by registered or certified mail of intent to modify the permit.
(c) Such notification shall include the proposed modification and the reasons for modification and time frame to have modifications constructed, installed or operational. Modification requirements shall be implemented before construction, installation, or modification of a facility is completed.
(d) The modification shall become final within 20 days from the date of receipt of such notice unless within that time the permittee requests a hearing before the Environmental Quality Council. Such request for hearing shall be made in writing to the administrator and shall state the grounds for the request. Any hearing held shall be conducted pursuant to the regulations of the department.
(e) A copy of the modified permit shall be forwarded to the permittee as soon as the modification becomes effective.
Section 14. Suspension or Revocation of a Permit. The administrator may suspend or revoke a permit before construction, installation or modification of a facility is completed for the reasons set forth below, in item b.
(a) Before a permit may be suspended or revoked, the permittee shall be given an opportunity to show compliance with all lawful requirements for the retention of the permit.
(b) The administrator shall notify the permittee by registered or certified mail of its intent to suspend or revoke the permit in the event that it becomes necessary due to:
(i) non-compliance with the terms of the permit; or (ii) unapproved modifications in design or construction; or (iii) false information submitted in the application; or (iv) changing site conditions which would result in violations of applicable regulations; (v) non-compliance with requirements of Section 16; or (vi) any other reason necessary to effectuate applicable statutes, standards or regulations.
(c) The notification shall include the reasons for suspension or revocation.
(d) The suspension or revocation shall become final 20 days from the date of receipt of such notice unless within that time the permittee requests a hearing before the Environmental Quality Council. Such a request for hearing shall be made in writing to the administrator and shall state the grounds for the request. Any hearing held shall be conducted pursuant to the regulations of the administrator.
Section 15. Environmental Monitoring Program for Protection of Waters of the State; Permit Application Requirements. Sedimentation ponds, sedimentation control structures, small wastewater systems, sewerage systems and public water supplies are specifically exempt from the requirements of Section 15. All other applications for a permit to construct a treatment works, disposal systems or other facility capable of causing or contributing to pollution shall contain the following:
(a) Documentation that the facility poses no threat of discharge to groundwater. If an applicant proposes a facility of this nature and can provide the documentation, a subsurface investigation is not required. The documentation shall consist of data which demonstrates that:
(i) facility construction will not allow a discharge to groundwater by direct or indirect discharge, percolation or filtration; or
(ii) the quality of wastewater will not cause any violation of groundwater standards; or
(iii) existing soils or geology will not allow a discharge to groundwater.
(b) If the documentation required above cannot be provided, a subsurface study shall be provided as part of the application to demonstrate the groundwater standards contained in applicable Wyoming Water Quality Rules and Regulations are adhered to. The application shall contain 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 which 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 by subsection c.
(iv) types of soils, soil permeability and soil assimilation capabilities at the site;
(v) information on existing water wells, including well completion, yield, water use, water quality and other relevant data. This information shall be required for wells within 1/4 mile radius of the proposed facility. The above information shall be obtained for all domestic and public water supplies located in a one mile radius of the proposed facility. In aquifers where groundwater movement is rapid, the administrator may require the above information on wells within a three mile radius based on geohydrology.
(vi) the study shall contain pre-operational monitoring wells located to accurately characterize the subsurface environment and shall include the following
(A) well locations
(B) well completion information
(C) depth to groundwater
(D) background water quality
(E) direction of groundwater movement (F) hydraulic conductivity (G) geology and types of soils (H) depth to base of the water zone.
(vii) Hydraulic information which may need to be submitted in the application include:
(A) potentiometric surface (water table) map (B) identification of aquifers (1.) distribution and depth range (2.) aquifer characteristics (3.) aquifer-test data (C) water quality variations
(viii) The following information shall be furnished if available:
(A) general geology (1.) surface geology maps a. area distribution of formations or units b. dip and strike c. faults, dikes, sills and other intrusives or extrusives (2.) stratigraphic information a. columnar or stratigraphic section b. lithologies of rock units c. thickness of rock units documents (3.) supporting information and a. area geologic reports.
If any of the above information is unavailable, the administrator may request the permittees to produce any information deemed necessary.
(c) Whenever the discharge of any pollution or wastes into waters of the state may be caused, threatened or allowed, or the physical, chemical, radiological, biological or bacteriological properties of any waters of the state may be altered, by a facility, a monitoring program shall be required and shall be adequate to insure knowledge of migration and behavior of the pollution or wastes. Such programs shall be described and contained in a submitted application for a permit to construct. The extent and design of a monitoring system will be influenced by the pollution potential of the proposed facility or modification.
(d) A monitoring program, as determined by the administrator to carry out the provisions of the Act, shall consist of any or all of the following:
(i) operational monitoring;
(ii) post-discharge or post-operational monitoring;
(iii) record-keeping and reporting;
(e) A monitoring program shall include plans for monitoring the quality of affected or potentially affected surface water and groundwater. The plans shall include the following as determined appropriate by the administrator to carry out the provisions of the act:
(i) stratigraphic and depth interval to be monitored by each well.
(ii) details of monitor well(s) construction.
(iii) details of how the monitoring program will be carried out, from preparation to site abandonment.
(iv) background water quality obtained from representative samples which characterize water quality and water quality variability for each monitor well.
(v) background water quality for wells and surface water which might be impacted. This information will vary depending on site specifics based on geohydrology.
(vi) A description of how representative sampling will be accomplished.
(vii) parameter list(s) and frequency of sampling after operation begins.
(f) The permittee is responsible for properly installing, operating, maintaining and removing all necessary monitoring equipment.
Quality Management Plans. No permit may be issued for any facility which is in conflict with an approved water quality management plan prepared under Sections 303, 208 and/or 201 of the Federal Clean Water Act, as amended.
The administrator with the approval of the director is hereby authorized to delegate to the municipality, water and sewer district or county upon their request the authority to enforce and administer the provisions of Wyoming Statutes 35-11301(a)(iii) and (v) subject to the requirements of 35-11-304.
agreements existing prior to July 1, 1982, shall remain in force until renegotiated in order to meet the requirements of W.S. 35-11-304(a) or otherwise terminated by the administrator with the approval of the director.