020-1 Wyo. Code R. § 1-8

Current through April 27, 2019

Section 1-8 - Antidegradation

(a) Water uses in existence on or after November 28, 1975 and the level of water quality necessary to protect those uses shall be maintained and protected. Those surface waters not designated as Class 1, but whose quality is better than the standards contained in these regulations, shall be maintained at that higher quality. However, after full intergovernmental coordination and public participation, the department may issue a permit for or allow any project or development which would constitute a new source of pollution, or an increased source of pollution, to these waters as long as the following conditions are met:

(i) The quality is not lowered below these standards;

(ii) All existing water uses are fully maintained and protected;

(iii) The highest statutory and regulatory requirements for all new and existing point sources and all cost effective and reasonable best management practices for nonpoint sources have been achieved; and

(iv) The lowered water quality is necessary to accommodate important economic or social development in the area in which the waters are located.

(b) The Water Quality Administrator (administrator) may require an applicant to submit additional information, including, but not limited to, an analysis of alternatives to any proposed discharge and relevant economic information before making a determination under this section.

(c) The procedures used to implement this section are described in the Antidegradation Implementation Policy.

020-1 Wyo. Code R. § 1-8

Amended, Eff. 4/24/2018.