Wyo. Code R. 020-0011-4
Effective Date: 12/16/1987 to 01/12/2026
Rule Type: Superceded Rules & Regulations
Reference Number: 020.0011.4.12161987
Section 1. Authority. These regulations are promulgated pursuant to W.S. 35-11-301 and 35-11-302, which state that no person, except when authorized by permit, shall: cause, threaten or allow the discharge of any pollution or wastes into the waters of the state; or: alter the physical, chemical, radiological, biological or bacteriological properties of any waters of the state.
Section 2. Purpose. The purpose of these regulations is to regulate the containment, cleanup, and disposal of oil or hazardous substances which have been released and which enter, or threaten to enter, waters of the state and to require notification to the Water Quality Division of such releases. These regulations do not apply to intentional discharges of oil or hazardous substances which would be regulated by the National Pollutant Discharge Elimination System permits issued in accordance with Chapter II, Wyoming Water Quality Rules and Regulations.
(a) 'Hazardous Substance' means any substance or waste which, after release, constitutes a threat to public health or welfare, or other aquatic life or wildlife because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious, or radioactive characteristics. The term shall also include all substances so designated by the U. S. Environmental Protection Agency. The term shall not include oil.
(b) 'Oil' means insoluble or partially soluble oil of any kind including, but not limited to, crude or fuel oil, lubricating oil, oily sludge, asphalt, crude condensate, gasoline, aviation fuel, kerosene, diesel motor fuels, road oil, waste oil, oil mixed with federally defined nonhazardous wastes and derivatives of mineral, animal, or vegetable oils.
(c) 'Predesignated State On-Scene-Coordinator (OSC)' means the state official(s) predesignated by the governor to coordinate and direct state responses to oil or hazardous substance(s) releases and to function as the state representative to the U.S. Environmental Protection Agency, Region VII, Regional Response Team. The Wyoming Oil and Hazardous Substances Pollution Contingency Plan shall contain the designation of the OSC and define his duties.
(d) 'Release' includes, but is not limited to, any sudden spilling, leaking, pumping, pouring, emptying, emitting, discharging, dumping, addition of, escaping, leaching, or unauthorized disposal of any oil or hazardous substance which enters, or threatens to enter, waters of the state.
Section 4. Notification, Containment and Cleanup of Releases. A hazardous substance release in any amount which enters, or threatens to enter, waters of the state shall be reported, contained, removed, and disposed of in accordance with these regulations.
(a) Any person owning or having control over oil or a hazardous substance which, after release, enters, or threatens to enter, waters of the state shall:
(i) immediately take appropriate action to stop and contain the release.
(ii) Immediately notify the division of the type, quantity, and location of the release, and of the response, containment, and cleanup actions which have been taken or are proposed to be taken.
(A) The following releases are not required to be reported to the division provided the release does not physically enter waters of the state, and it is immediately contained, removed, and disposed of in accordance with departmental regulations:
(I) Ten barrels (420 gallons) or less of crude oil, petroleum condensate, produced water, or a combination thereof;
(II) Twenty-five (25) gallons or less of refined crude oil products, including but not limited to, gasoline, diesel motor fuel, aviation fuel, asphalt, road oil, kerosene, fuel oil, and derivatives of mineral, animal, or vegetable oils.
(iii) Immediately proceed to correct the cause of the release.
(iv) Within seven (7) days following a release, submit a complete written report to the division describing the reportable release and steps taken to prevent a recurrence.
(b) Cleanup of oil or hazardous substance releases shall proceed in a timely and diligent manner. Satisfactory cleanup of an oil or hazardous substance release will be achieved when one, or both, of the following cleanup criteria have been met:
(i) Oil releases shall not be present in, or threaten, waters of the state in amounts which would cause any one of the following conditions:
(A) Oil and grease content to exceed 10 mg/l;
(B) Visible deposits on the bottom or shoreline, or
(C) Damage or impairment of the normal growth, function, or reproduction of human, animal, plant, or aquatic life.
(ii) Hazardous substances shall not be present in, or threaten, waters of the state in concentrations or combinations which, as determined by the administrator, would damage or impair the normal growth, function, or reproduction of human, animal, plant, or aquatic life, or impair the beneficial use of any waters of the state.
(c) Except in cases where extreme fire danger, or unique hazardous circumstances exist, physical removal of the released oil or hazardous substance may be required, as deemed necessary by the administrator.
Section 5. Water Quality Standards Violation. In no case shall there be a violation, or threat of violation, of Wyoming surface water or ground water standards.
Section 6. Compliance Liability. Compliance with the above requirements does not relieve the owner or person having control over the released oil or hazardous substance from liabilities, damages, or penalties resulting from the release and cleanup of such oil or hazardous substances.
Section 7. Use of Chemicals. No chemicals shall be used to disperse, coagulate, collect, sink, or otherwise treat oil or hazardous substance releases except in emergency situations which are a danger to health and welfare. These chemicals must be used in a manner authorized by the department in coordination with the U.S. Environmental Protection Agency.
Section 8. Disposal. Recovered oils, hazardous substances or the contaminated materials resulting from the containment, cleanup or treatment of a release shall be handled and disposed of in a manner authorized by the division and the department's Solid Waste Management Office.
Section 9. Wyoming Oil and Hazardous Substances Pollution Contingency Plan. For purposes of implementing this regulation, the Water Quality Division is authorized and directed to prepare and periodically update a Wyoming Oil and Hazardous Substances Pollution Contingency Plan which shall be compatible with the National Contingency Plan and the U.S. Environmental Protection Agency, Region VIII, Oil and Hazardous Substances Pollution Contingency Plan.