020-1 Wyo. Code R. § 1-33

Current through April 27, 2019

Section 1-33 - Reclassifications and Site-Specific Criteria

(a) Any person at any time may petition the department or the council to change the classification, add or remove a designated use or establish site-specific criteria on any surface water.

(b) The administrator may lower a classification, remove a designated use which is not an existing nor attainable use, establish ambient-based criteria on effluent dependent waters, make a recommendation to the council to establish sub-categories of a use or establish site-specific criteria if it can be demonstrated through a use attainability analysis (UAA) that the original classification, designated use or water quality criteria are not feasible because:

• (i) Naturally occurring pollutant concentrations prevent the attainment of the classification or use; or

• (ii) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating state water conservation requirements to enable uses to be met; or

• (iii) Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place; or

• (iv) Dams, diversions or other types of hydrologic modifications preclude the attainment of the classification or use, and it is not feasible to restore the water body to its original condition or to operate such modification in such a way that would result in the attainment of the classification or use; or

• (v) Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of an aquatic life use; or

• (vi) Controls more stringent than those required by Sections 301(b) and 306 of the Clean Water Act would result in substantial and widespread economic and social impact. This subsection shall not apply to the derivation of site-specific criteria.

(c) The administrator may raise a classification, add a designated use or make a recommendation to the council to establish sub-categories of a use or site-specific criteria, if it can be demonstrated through a use attainability analysis (UAA) that such uses are existing uses or may be attained with the imposition of more stringent controls or management practices.

(d) The procedures used to implement this section are described in the Use Attainability Analysis Implementation Policy.

(e) The provisions of subsections (b) and (c) above are not applicable to Class 1 designations. Class 1 designations may be added or removed in accordance with the provisions of the Environmental Quality Act, the Wyoming Administrative Procedures Act and Section 4(a) of these regulations.

020-1 Wyo. Code R. § 1-33

Amended, Eff. 4/24/2018.