Wyo. Code R. 020-0011-9
Effective Date: 06/29/2018 to Current
Rule Type: Current Rules & Regulations
Reference Number: 020.0011.9.06292018
Section 1. Authority. These regulations are promulgated pursuant to W.S. 35-11-101 through 1104, specifically 302, and no person shall cause, threaten or allow violations of any provision contained herein. Nothing in these regulations shall interfere or conflict with the authority of the United States Nuclear Regulatory Commission (NRC), under the Atomic Energy Act of 1954 and the Uranium Mill Tailings Radiation Control Act of 1978.
Section 2. Definitions. The following definitions supplement those definitions contained in Section 35-11-103 of the Wyoming Environmental Quality Act.
(a) 'Aquifer' means a zone, stratum or group of strata that can store and transmit water in sufficient quantities for a specific use.
(b) 'Area of review' means the area for which information and analyses will be submitted as part of a groundwater pollution control permit application, and reviewed for issuance of a permit; the extent of the area will never be less than an area within a 1/4 mile radius of the discharge site. The area of review may coincide with a permit area and adjacent lands, or may be determined by use of a mathematical model and formula that have been developed to describe groundwater hydraulics and flow.
Methodology for determining the area of review is not limited to a specific method, as long as the method used can be documented as being appropriate. The formula recommended by the U.S. Environmental Protection Agency for determining the radius of endangering influence may be used. This formula is given as:
$$R = \sqrt{\frac{2.25 \text{ KHz}}{S10 \left( \frac{h_w - hbo}{S_p G_B} \right) \left( \frac{4\pi KH}{2.3Q} \right)}}$$
where:
R = Radius from injection or discharge well (feet)
K = Hydraulic conductivity of the injection or discharge zone (feet/day)
H = Thickness of the injection or discharge zone (feet)
t = Time of injection or discharge (days)
S = Storage coefficient (dimension less)
Q = Injection or discharge rate (feet /day)
$hbo$ = Original hydrostatic head of formation fluid (feet) measured from top of injection or discharge zone
$h_w$ = Hydrostatic head of underground source of water (feet) measured from top of injection or discharge zone
$S_p G_B$ = Specific gravity of formation fluid (dimension less)
$\pi$ = 3.14 (c) 'Background' means the constituents or parameters and the concentrations or measurements that describe water quality and water quality variability prior to the subsurface discharge.
(d) 'Best management alternative' means the subsurface discharge operation or action described that, after problem assessment and examination of alternative methods, is proposed as the most practically effective (including technological, economic, environmental and institutional considerations) means of waste management.
(e) 'Commercial waste' means waste or pollutants resulting from a commercial activity.
(f) 'Discharge area' means the area designated by an owner/operator and/or specified in a permit or permit application as the area that will be involved in a subsurface discharge operation. It may coincide with the area of review.
(g) 'Discharge zone' means the receiver proposed in the permit application or into which the permittee has been authorized by permit to discharge pollution or wastes.
(h) 'Domestic waste' means pollutants or waste from residences, business buildings, institutions and public water supplies.
(i) 'Dry well' means any well that, upon completion, does not collect groundwater.
(j) 'Endangerment' means exposure to actions or activities that could pollute Groundwaters of the State.
(k) 'Fluid' means any material that flows or moves whether semisolid, liquid, sludge, gas or any other form or state.
(l) 'Groundwater' means subsurface water that fills available openings in rock or soil materials such that they may be considered water saturated tinder hydrostatic pressure.
(m) 'Groundwaters of the State' are all bodies of underground water that are wholly or partially within the boundaries of the State.
(n) 'Hazardous material (or wastes)' means any matter (or wastes) of any description including petroleum related products and radioactive material that, when discharged into any waters of the State, presents an imminent and substantial hazard to public health or welfare and shall include all materials (or wastes) so designated by the U.S. Environmental Protection Agency in the Federal Register for March 13, 1978 (Part III), Water Programs, Hazardous Substances.
(o) 'Industrial waste' is waste or pollutants resulting from an industrial activity.
(p) 'Logging data' means the written record progressively describing the strata and geologic and hydrologic character thereof to include electrical, radioactivity and similar surveys, a lithologic description of all cores, and test data.
(q) 'Mechanical integrity' means the sound and unimpaired condition of all components of the well or facility or system for control of a subsurface discharge and associated activities.
(r) 'Mining wastes' refers to waste or pollutants resulting from any mining activity.
(s) 'Monitor' means obtain fluid samples for analysis and/or water level measurements, or observe and record.
(t) 'Municipal waste' means pollutants or waste from a municipal collection, storage or treatment facility.
(u) 'New subsurface discharge facility' means a subsurface discharge facility for which construction starts after the effective date of these regulations.
(v) 'Permit' means a Wyoming Groundwater Pollution Control Permit, unless otherwise identified.
(w) 'Recharge' means replenishment of groundwater.
(x) 'Receiver' means any zone, interval, formation or unit in the subsurface into which fluids and pollutants are discharged.
(y) 'Special process discharge' is a subsurface discharge for the purpose of recovering a product or fluid at the surface, and includes any process used to obtain products or solutions of uranium, copper, oil shale, hydrocarbon-impregnated sands and sandstones and tar sands not amenable to oil field production modes, sulfur, coal and lignite, bedded salt, sodium, potassium, phosphate or any other naturally occurring mineral commodity; excepting, it does not include the primary or enhanced recovery of naturally occurring oil and gas.
(z) 'Subsidence' means a lowering of a portion of the earth's surface or substrata that is detectable by visual observation or by instrumentation above or below the surface.
(aa) 'Subsidence control discharge' means a discharge into a non-oil or gas producing receiver to reduce or eliminate subsidence associated with the withdrawal of subsurface fluids or solids.
(bb) 'Subsurface' means any level below the surface.
(cc) 'Subsurface discharge' means a discharge to a receiver.
(dd) 'Subsurface discharge facility' means any construction, such as a well, or utilization by a permittee to discharge pollution or waste into a receiver.
(ee) 'System' means each and all components of a subsurface discharge facility.
(ff) 'Toxic characteristics (or wastes)' are those characteristics (or wastes) that are due to the presence of: Those substances or combinations of substances including disease-causing agents, that, after discharge and upon exposure, ingestion, inhalation or assimilation into any environmentally significant organism, either directly from the environmental or indirectly by ingestion through food chains, may cause death, disease, behavioral abnormalities, cancer, genetic malfunctions, physiological malfunctions (including malfunctions in reproduction) or physical deformation in such organisms or their offspring; and include all substances so designated as toxic or hazardous by the U.S. Environmental Protection Agency in the Federal Register for December 24, 1975 (Part IV), Water Programs, National Interim Primary Drinking Water Regulations.
(gg) 'Vadose zone' means the unsaturated zone in the earth, between the land surface and the top of the first saturated aquifer that is not a perched water aquifer. The vadose zone characteristically contains liquid water under less than atmospheric pressure and water vapor and air or other gases at atmospheric pressure. Perched water bodies exist within the vadose zone.
(hh) 'Well' means an opening, excavation, shaft or hole in the ground allowing or used for a subsurface discharge or for the purpose of extracting a fluid, mineral, product or pollutant from the subsurface or for monitoring.
(a) These regulations shall apply to any discharge to the subsurface including the vadose zone that could render any Groundwater of the State unsuitable or degrade it for all uses for which it was suitable prior to discharge. Class I and Class V facilities are regulated pursuant to Chapters 13 and 16, respectively and are not regulated under Chapter 9.
(b) A permit for a discharge shall not be required if the discharge is part of a facility for which an application has been made to the Division for a Permit to Construct, Install or Modify Public Water Supplies and Wastewater Facilities.
(c) Discharges, for the purpose of these regulations, are described and identified as:
(i) Discharges of commercial, municipal and industrial wastes, which include but are not limited to:
(B) Chemical, refining and manufacturing wastes;
(D) Oil field wastes including water produced with oil and gas; (E) Power-generation wastes; (F) Geothermal fluid return or geothermal resource wastes; (G) Nuclear and radioactive wastes from any source; and (H) Toxic and hazardous wastes from any source.
Not included is a discharge that is further described by the Administrator as a discharge of commercial, municipal and industrial wastes of limited time and scope for the purpose of considering the effects specified in W.S. 35-11-302 (a) (vi) (A) through (E), or for demonstrating compatibility between the waste and the receiver and fluids in the receiver. This type of discharge is identified as a Miscellaneous Discharge in Section 3.(c) (iii) (H).
(ii) Special process discharges:
(A) Special process discharges include processes or operations called in situ gasification, in situ mining, in situ leaching, borehole mining, slurry mining, solution mining or by any other descriptive terminology; which in fact consist of discharging fluids, including air, oxygen or steam, into and circulating through subsurface rock formations or mineral accumulations, or of using a hydraulic jet to slurry a mineral commodity or of injecting fluids to fracture rock strata and/or stimulate production, or a process involving borehole fragmentation or blasting; as part of a process or operation, excluding the production of naturally occurring oil and gas, whereby a subsurface commodity is extracted remotely by activities that are conducted from the surface.
(B) Not included is a special process discharge that is further described by the Administrator as a discharge of limited time and scope for the purpose of considering the effects specified in W.S. 35-11-302 (a) (vi) (A) through (E), or for demonstrating compatibility between the injected fluid and the receiver and fluids in the receiver. This type of discharge is identified as a Miscellaneous Discharge in Section 3 (c) (iii) (H).
(iii) Discharges for the purpose of artificial recharge and miscellaneous discharges which include but are not limited to:
(A) Groundwater replenishment to augment water supplies.
(B) Injection(s) of chemicals used as tracers.
(C) Discharge from drainage well(s) that accept(s) urban storm water runoff or highway runoff or excess ponded surface water.
(D) Discharge of domestic wastes.
(E) Discharge for subsidence control not associated with oil and gas production.
(F) Discharge by means of a facility constructed or utilized to discharge into an abandoned underground mine for purposes other than oil and gas storage or commercial, municipal or industrial waste disposal or storage.
(G) Discharge by means of a dry well not constructed or utilized for any other identified discharge.
(H) Discharge of commercial, municipal and industrial waste or a special process discharge from any facility that utilizes subsurface discharges in an activity or operation of limited time and scope conducted to determine facts bearing upon the reasonableness of the pollution involved or that may result from the subsurface discharge, the economic reasonableness of reducing or eliminating the source of pollution and the effect upon the environment, pursuant to W.S. 35-11-302 (a) (vi) (A) through (E); or for demonstrating the applicability of a proposed methodology, or for demonstrating that pollution can be contained and will not migrate into other receivers or to the surface; or for demonstrating compatibility between waste and the receiver and fluids in the receiver.
A miscellaneous discharge that is a special process discharge of Section 3 (c) (ii) (B), for the purpose of these regulations, is the same as an in situ mining research, in a development testing project of Land Quality Rules and Regulations, Chapter 18, Section 2(a).
(a) New subsurface discharges shall be allowed only pursuant to the Act and provisions of Water Quality Rules and Regulations Chapter 8, Quality Standards for Wyoming Groundwaters, and these regulations.
(b) No new subsurface discharge to Groundwaters of the State shall be allowed:
(i) Unless a permit has been obtained from the Department; or
(ii) Unless the discharge is exempt from the requirements of these regulations.
(c) Specifically exempt from these permitting regulations are:
(i) New discharges associated with mineral exploration and water, including geothermal well drilling:
(A) Drilling fluids and additives used in drilling or development; and
(B) Pits constructed or utilized to hold drilling fluids or drilling wastes.
(ii) New discharges associated with the drilling of oil and gas production wells: (A) Drilling fluids and additives; and (B) Pits constructed or utilized to hold drilling fluids or drilling wastes. (iii) New discharges for the purpose of storage of oil and gas or other hydrocarbons. (iv) New discharges for the purpose of the enhanced recovery of naturally occurring oil and gas. (v) Aboveground facilities authorized by permits issued pursuant to Wyoming Water Quality Rules and Regulations. (vi) Overburden replacement associated with mining operations authorized by permits issued pursuant to Land Quality Division Rules and Regulations of the Department. (vii) Facilities authorized pursuant to Solid Waste Management Rules and Regulations of the Department. (viii) Skim ponds associated with oil production. (d) Existing subsurface discharges to Groundwaters of the State excluded or exempt from these regulations are those originating from: (i) Aboveground domestic sewage treatment and disposal facilities, including individual disposal systems constructed prior to January 15, 1975; (ii) Any kind of facility mentioned in Section 4. (c) that is existing and operating at the time these regulations go into effect.
(a) The owner/operator of a subsurface discharge facility shall apply for a permit in accordance with these regulations. (i) The operation of a new subsurface discharge or facility not exempt or excluded from these regulations is prohibited unless the owner/operator has obtained a permit from the Department. (ii) The owner/operator of an existing discharge facility not exempt or excluded from these regulations shall have a period of one (1) year within which to show compliance with the requirements of these regulations; excepting that for a special process discharge, the operator shall comply with requirements of Land Quality Rules and Regulations, Chapter 18, Section 2(a) for in situ mining.
(b) After the effective date of these regulations, a modification in the operation of any subsurface discharge facility that is capable of causing or increasing groundwater pollution in excess of standards or permit conditions will require a new or modified permit before the modification is implemented or constructed.
(a) A complete application for a permit for the purpose of underground management of commercial, municipal and industrial wastes shall include the following:
(i) Complete identification including name, address and telephone number of the owner/operator and the facility, and location of the facility by section, township, range and county.
(ii) Type, source, and chemical, physical, radiological and toxic characteristics of the discharge; and the management procedure.
(iii) The name, description, depth, geology and hydrology of the receiver; and fluid chemistry of the receiver, including total dissolved solids.
(iv) A description of groundwater or receiver testing procedures used.
(v) Water quality information, including background water quality data, that will facilitate the classification of any groundwater that may be affected by the proposed discharge.
(vi) A listing of the locations of all water wells in the area of review and the status of each.
(vii) Construction and engineering details of the facility.
(viii) Operating data.
(ix) Methods and procedures for inspection of the facility and operations, and for detecting failure of the well(s) and system in a timely fashion.
(x) Information that shows that the discharge can be controlled and will not migrate into other receivers or to the surface, or will not adversely affect the quality of other water resources.
(xi) Maps and sections:
(A) Location;
(C) Area geohydrology.
(A) For monitoring volume and chemistry of the discharge, and water quality of nearby water wells.
(B) For monitoring injection and annular fluid pressures of the discharge well and for minimizing the possibility of fracturing confining strata above and below the discharge zone.
(C) Contingency plans to cope with all shut-ins, malfunctions or well failures to prevent endangerment of groundwater.
(xiii) Documentation to show that the discharge will not impair existing water supply sources or rights, be hazardous to public health or eliminate an opportunity to economically recover or store valuable minerals or groundwater in the receiver.
(xiv) The applicant will affirmatively demonstrate or document mechanical integrity of the well or system; and that the discharge is compatible with the receiver and fluids in the receiver and the operation is in conformity with provisions and standards of Quality Standards for Wyoming Groundwaters and these regulations.
(xv) The applicant will provide a written evaluation of alternative disposal practices demonstrating that subsurface discharge is the best management alternative.
(b) An application for a permit for the purpose of a special process discharge may be a copy of the application for an in situ mining permit meeting the requirements of Land Quality Rules and Regulations, Chapter 18, Section 2(a), and shall include but not be limited to:
(i) Complete identification including name, address and telephone number of the owner/operator and the facility, and location of the facility by section, township, range and county.
(ii) A site facility description and engineering and operating data, including:
(A) A map that accurately locates and identifies the area and shows the discharge area boundaries and the locations of all wells installed and planned by the owner/operator.
(B) Construction and engineering details of the facility.
(C) A description of the special process technique and method of operation to be used, and the fluid to be injected.
(iii) The name, geology, description and depth of the receiver; hydrologic information including, but not limited to, direction and rate of water movement in the receiver; and fluid chemistry of the receiver, including total dissolved solids.
(iv) The location and identification of each underground water use in the area of review.
(v) Water quality information, including background water quality data, that will facilitate the classification of any groundwater that may be affected by the proposed discharge.
(vi) Plans to monitor:
(A) Discharge operations;
(B) Quality parameters and fluid levels of Groundwaters of the State in the vicinity of the discharge operation;
(C) Groundwater flow in the receiver in order to promptly detect the arrival of waste or pollution at a monitor well installed for this purpose.
(vii) Information that shows that the proposed discharge can be controlled and will not migrate into other receivers or to the surface through previously drilled wells; and will not migrate into the water source area for any water supply well.
(viii) Methods and procedures for inspection of the facility and operations, and for detecting failure of the well(s) and system as required by the permit.
(ix) The applicant will affirmatively demonstrate or document mechanical integrity of the well or system; and that groundwater pollution that may result from a special process discharge can be eliminated or reduced to an appropriate level, in conformity with provisions and standards of Wyoming Water Quality Rules and Regulations.
(c) A complete application for a permit for the purpose of artificial recharge or a miscellaneous discharge shall include the following:
(i) Complete identification including name, address and telephone number of the owner/operator and the facility, and location of the facility by section, township, range and county.
(ii) A map of the area showing the location of the discharge facility in relation to nearby communities and residences, water wells and other pertinent features, and geology.
(iii) The name, depth, geology of the receiver; hydrology of an aquifer-receiver; and fluid chemistry of the receiver, including total dissolved solids.
(iv) Type, source, and chemical, physical, radiological and toxic characteristics of the discharge.
(v) Water quality information, including background water quality data, that will facilitate the classification of any groundwater that may be affected by the proposed discharge.
(vi) Construction and engineering details of the facility, and operating data.
(vii) Other relevant information that the Administrator determines necessary as would be required for an application of Section 6. (a) or (b)
(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 2½ 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.
(a) The permittee is required to conduct the operation in accordance with statements, representations and procedures presented in the complete permit application and supporting documents, as accepted and approved by the Administrator.
(b) The subsurface discharge authorized by permit shall be consistent with the conditions and content of the permit; any modifications that will result in a violation of permit conditions shall be reported by submission of a new or amended permit application and shall not be implemented until a new or modified permit has been issued.
(c) After notice and opportunity for a hearing, a permit may be modified, suspended or revoked in whole or part during its term for cause that includes, but is not limited to, any of the following:
(i) Violation of the permit;
(ii) Obtaining a permit by misrepresentation or failure to fully disclose all relevant facts;
(iii) A change in any condition that indicates failure of the discharge well or system.
(d) A permit may be modified in whole or part in order to apply more, or less, stringent standards; or prohibitions for a toxic or other substance present in the permittee's discharge, as may be ordered by the Council.
(e) All issued permits shall contain the following:
(i) Authorization for the Director or his representative, upon presentation of his credentials and during normal working hours, to enter the permittee's premises, inspect the discharge and related facilities, review and copy reports and records required by the permit, collect fluid samples for analyses, measure and record water levels and perform any other function authorized by law or regulation.
(ii) Authorization for the permittee to discharge into an identified receiver during a subsurface discharge operation.
(iii) A requirement that each discharge well and associated discharge facilities have mechanical integrity, determined by methods or procedures approved by the Administrator that demonstrate the unimpaired condition of the facility or the absence of leaks in casing and tubing, and mechanical integrity of all wells and systems be maintained continuously. An approved method or procedure shall reflect the current state of the art in the monitoring of mechanical integrity, in an economically viable manner.
(iv) A requirement that the operation of any well or system that does not have mechanical integrity, or is in disrepair, be discontinued until mechanical integrity has been restored.
(v) A requirement that immediately following the permanent cessation of subsurface discharge or related activity, or where a well is not completed, the applicant shall notify the Director and follow the procedures prescribed by the Director for plugging and abandonment or discontinuance of related activities.
(vi) A requirement that the discharge or injection pressure be controlled to prevent fracturing of the confining strata above and below the discharge zone.
(vii) A requirement that the discharge or injection pressure, and annulus pressure, of a pressure-operated discharge well be monitored on a continuous basis.
(viii) A requirement that water quality of any groundwater in the area of review be monitored at regular intervals.
(ix) Provisions for such measures as the Director finds necessary to ensure the availability of adequate financial resources for dealing with discharge wells or systems that either are improperly abandoned or may otherwise cause pollution and contamination of groundwater sources, and with incomplete or inadequate groundwater pollution reduction or elimination.
(a) A permit for a discharge of commercial, municipal or industrial wastes shall include the following requirements, in addition to the requirements of Section 8:
(i) A requirement that the Administrator be notified as soon as possible but no later than 24 hours after either a significant leak in the casing or tubing, or fluid movement out of the discharge zone has been detected and verified.
(ii) A condition that pollution or waste that migrates into an aquifer containing a useable Groundwater of the State is a violation of the permit.
(iii) A condition that the subsurface discharge or operations will terminate immediately if mechanical integrity of the well or system fails and/or a leak or unauthorized fluid movement occurs.
(b) A permit for a discharge for the purpose of artificial recharge or a miscellaneous discharge shall include the following requirements in addition to the requirements of Section 8:
(i) A requirement that the Administrator be notified as soon as possible, but no later than 24 hours after mechanical integrity of the well or system has failed or groundwater pollution is detected and verified.
(ii) A condition that pollution or waste resulting from a miscellaneous discharge, excepting a discharge or operation of limited time and scope described in Section 3. (c) (iii) (H) of these regulations, that migrates into an aquifer containing useable Groundwater of the State is a violation of the permit.
(iii) A condition that a discharge or operation of limited time and scope be evaluated periodically by the Administrator for permit compliance; non-compliance is a permit violation.
(iv) A condition that the subsurface discharge or operation can be terminated by authority of the Administrator for one or more permit violations.
(a) Whenever the discharge of any pollution or wastes into Groundwaters of the State is caused, threatened or allowed; or the physical, chemical, radiological, biological or bacteriological properties of any Groundwaters of the State may be altered by man's actions, a monitoring program shall be required and shall be adequate to insure knowledge of migration and behavior of the pollution or wastes.
(i) Monitoring may be required for any circumstance where Groundwaters of the State could be affected.
(ii) The extent and design of a monitoring system will be influenced by the pollution potential of the proposed discharge or activity.
(b) A monitoring program will consist of any or all of the following:
(i) Pre-discharge or pre-operational monitoring;
(ii) Operational monitoring;
(iii) Post-discharge or post-operational monitoring;
(iv) Record-keeping and reporting;
(v) Such additional requirements established by the Administrator as required to meet the purposes of the Act.
(c) A monitoring program shall include maps and cross-sections, where appropriate, showing the location of each monitoring site.
(d) The discharger or operator is responsible for properly installing, operating, maintaining and removing all necessary monitoring equipment.
Section 11. Sample Collection and Analysis. Acceptable procedures and methods for sample collection and analysis shall be implemented by the applicant or permittee.
(a) The procedures used to collect groundwater samples shall ensure that the samples are representative of the groundwaters being sampled.
(b) Sampling shall be of such frequency and of such variety (season, time, location, depth, etc.) as to properly describe the groundwater.
(c) Sampling shall be accomplished by methods and procedures described in the EPA SW-616 manual, Procedures Manual for Groundwater Monitoring at Solid Waste Disposal Facilities, August, 1977, unless alternate methods and procedures are approved by the Administrator.
(d) Analysis will be pursuant to provisions of Water Quality Rules and Regulations.
Section 12. Records and Reports. For any subsurface discharge excepting a special process discharge:
(a) The permittee shall maintain records of all information resulting from monitoring activities required of him by the permit.
(b) Data obtained as a result of monitoring discharge operations shall be submitted to the Administrator as requested.
(c) Data obtained as a result of monitoring quality parameters and levels of fluids shall be submitted to the Administrator as requested.
(d) Upon request by the Administrator, the permittee shall submit construction, completion and logging data of any discharge, monitor or operational well(s) constructed.
(e) The permittee shall submit a written report to the Administrator of all remedial work concerning the failure of equipment or operational procedures that resulted in a permit violation, at the completion of the remedial work.
(f) Annual reports shall be submitted as required to the Administrator within 30 days following the anniversary date of the permit.
(g) A comprehensive report shall be submitted for any aborted or curtailed subsurface discharge operation within 30 days of complete termination of the discharge or associated activity, in lieu of an annual report.
(a) No person, except when authorized by a permit issued pursuant to the Act and these regulations, shall engage in any subsurface discharge operation that may:
(i) Cause, threaten or allow the discharge of any pollution or wastes into any Groundwaters of the State; or
(ii) Alter the physical, chemical, radiological, biological or bacteriological properties of any Groundwaters of the State; or shall
(iii) Construct, install or operate any discharge system capable of causing or contributing to pollution of Groundwaters of the State.
(b) No zone or interval other than that represented as the discharge zone in the complete approved application shall be used as a receiver for the discharge.
(c) No uncased hole may be used as a conduit for the discharge, excepting that portion of a hole in the discharge zone.
(d) No annular space between the wall of the hole and casing in the hole may be used as a conduit for the discharge, excepting in that portion of a hole in the discharge zone.
Section 14. Permit Revocation. For any subsurface discharge excepting a special process discharge:
(a) The Director shall revoke a permit if at any time he determines that the permit holder intentionally misstated or failed to provide information that would have resulted in the denial of a permit and that good faith compliance with the policies, purposes and provisions of the Act would have required him to provide.
(b) Unless an emergency exists, the revocation of a permit shall become effective upon 30 days notice to the operator. In case of an emergency, a special meeting of the Council may cause such revocation to become effective immediately upon receipt of notice thereof by the permit holder.
(c) The Director has the power to issue emergency orders pursuant to W.S. 35-11-115.
Section 15. Responsibility; Transfer of Responsibility. For any subsurface discharge excepting a special process discharge:
The owner/operator of record is always responsible for permit compliance. A permit holder desiring to transfer his permit shall apply to the Administrator; and the potential transferee shall agree, in a written statement to the Administrator, to be bound by all the terms and conditions of the original permit. No transfer of a permit will be allowed if the current permit holder is in violation of the Act or the permit, unless the transferee agrees to bring the permit into compliance. Upon notification of transfer approval by the Director to both the old and new operators, the new operator becomes the operator of record.
Section 16. Public Information. All information received on or with the permit application shall be made available to the public for inspection and copying except such information as has been determined to constitute trade secrets or confidential information pursuant to W.S. 35-11-1101. The Administrator shall provide facilities for inspection and copying of all non-confidential documents. Copying shall be at the expense of the person requesting copies.
Section 17. Public Participation. If public notice of any complete subsurface discharge permit application other than for a special process discharge is required, public notice shall be given within ten (10) days after the applicant has been notified that the application is complete, and in the following manner:
(a) Notice shall be circulated by one or more of the following methods:
(i) Posting in the post office and other public places of the municipality nearest the premises;
(a) The Administrator shall provide an opportunity for the applicant or any interested person to request a public hearing with respect to any permit application of Section 17 above.
Any such request shall be filed during the comment period specified in Section 17. (c) 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 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 any or all of the methods available for notice of the permit application set out in Section 17 (a), 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:
Section 19. Special Process Discharge/In Situ Mining; Permit Conditions and Content; Records and Reports; Permit Revocation; Responsibility; Public Participation; Public Hearing. The following provisions for a special process discharge shall conform to or be identical with the same or similar provisions established for in situ mining by Land Quality Rules and Regulations, Chapter 18, Section 2(a):
(a) Permit conditions and content;
(b) Records and reports; (c) Permit revocation; (d) Transfer of responsibility; (e) Public participation; and (f) Public hearing.
Section 20. Civil or Criminal Remedy. Nothing in this Chapter shall in any way limit any existing civil or criminal remedy for any wrongful action arising out of violation of any provision of the Wyoming Environmental Quality Act or any rule, regulation, standard, permit, license or variance or order adopted thereunder.