(a) All permits issued under this chapter shall be for no more than ten (10) years duration.
(b) Each permit shall be reviewed at least once every five (5) years for continued validity of all permit conditions and contents.
(c) Permits that do not satisfy the review criteria are subject to modification, revocation and reissuance, or termination pursuant to Section 8 of this chapter.
(d) All permits issued under this chapter shall contain the following conditions: - (i) A requirement that the permittee comply with all conditions of the permit, and any permit noncompliance constitutes a violation of these regulations and is grounds for enforcement action, permit termination, revocation, or modification.
- (ii) A requirement that the injection pressure shall be limited to the fracture pressure of the receiver, except as necessary during well stimulation, and, within one (1) year of the issuance of the permit, the operator shall conduct a step-rate injection test to determine the actual fracture pressure of the receiver.
- (iii) A requirement that if the permittee wishes to continue injection activity after the expiration of the permit, he must apply to the administrator for and obtain a new permit.
- (iv) A stipulation that it shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
- (v) A requirement that the permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this permit.
- (vi) A requirement that the permittee properly operate and maintain all facilities and systems of treatment and control which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes mechanical integrity of the well, effective performance, adequate funding and operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.
- (vii) A requirement that mechanical integrity shall be maintained continuously and be reviewed at least every five (5) years. The test used to determine mechanical integrity shall be a two-part test approved by the administrator, who shall approve only those tests that have been approved first by the U.S. Environmental Protection Agency's Office of Drinking Water.
- (A) Part one of the mechanical integrity test shall demonstrate the absence of leaks through the packer, tubing, casing, and well head.
- (B) Part two of the mechanical integrity test shall demonstrate the absence of fluid movement behind the casing.
- (C) Proposed mechanical integrity tests that have not yet been approved shall be submitted to the administrator who shall forward the information to the U.S. Environmental Protection Agency's Office of Drinking Water along with a request for approval, if, in the administrator's opinion, it will adequately determine mechanical integrity of the well system. A previously unauthorized mechanical integrity test submitted for approval shall include:
- (I) The proposed method for demon strating the lack of significant leaks in the well;
- (II) The proposed method for showing the absence of significant fluid movement; and
- (III) Any technical data supporting the use of this test.
- (viii) A Class I well that cannot demonstrate mechanical integrity shall be shut down until such time as the mechanical integrity has been restored.
- (ix) A stipulation that the filing of a request by the permittee, or at the instigation of the administrator, for a permit modification, revocation, termination, or notification of planned changes or anticipated non-compliance shall not stay any permit condition.
- (x) A stipulation that this permit does not convey any property rights of any sort, or any exclusive privilege.
- (xi) A stipulation that the permittee shall furnish to the administrator, within a specified time, any information which the administrator may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit, or to determine compliance with the permit. The permittee shall also furnish to the administrator, upon request, copies of records required to be kept by the permit.
- (xii) A requirement that the permittee shall allow the administrator, or an authorized representative of the administrator, upon the presentation of credentials, during normal working hours, to enter the premises where a regulated facility is located, or where records are kept under the conditions of this permit, and inspect the discharge and related facilities, review and copy reports and records required by the permit, collect fluid samples for analysis, measure and record water levels, and perform any other function authorized by law or regulation.
- (xiii) A requirement that the permittee furnish any information necessary to establish a monitoring program pursuant to Section 13 of this chapter.
- (xiv) A requirement that all samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity, and records of all monitoring information be retained by the permittee. The monitoring information to be retained shall be that information stipulated in the monitoring program established pursuant to the criteria in Section 13 of this chapter.
- (xv) A requirement that all applications, reports, and other information submitted to the administrator contain certifications as required in Section 5(c)(14) of this chapter, and be signed by either a responsible corporate officer or a duly authorized representative.
- (xvi) A requirement that the permittee give advance notice to the administrator as soon as possible of any planned physical alteration or additions, other than authorized operation and maintenance, to the permitted facility and receive authorization prior to implementing the proposed alteration or addition.
- (xvii) A requirement that any modification which may result in a violation of a permit condition shall be reported to the administrator, and any modification that will result in a violation of a permit condition shall be reported to the administrator through the submission of a new or amended permit application.
- (xviii) A requirement that any transfer of a permit must first be approved by the administrator, and that no transfer will be approved if the facility is not in compliance with the existing permit unless the proposed permittee agrees to bring the facility into compliance.
- (xix) A requirement that monitoring results shall be reported at the intervals specified elsewhere in this permit.
- (xx) A requirement that reports of compliance or non-compliance with, or any progress reports on, interim and final requirements contained in any compliance schedule, if one is required by the administrator, shall be submitted no later than thirty (30) days following each schedule date.
- (xxi) A requirement that confirmed noncompliance resulting in the migration of injected fluid into any zone outside of the permitted receiver must be orally reported to the administrator within twenty-four (24) hours, and a written submission shall be provided within five (5) days of the time the permittee becomes aware of the excursion. The written submission shall contain:
- (A) A description of the noncompliance and its cause;
- (B) The period of noncompliance, including exact dates and times, and, if the noncompliance has not been controlled, the anticipated time it is expected to continue; and
- (C) Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
- (xxii) A requirement that the permittee report all instances of noncompliance not already required to be reported under paragraphs xix, xx and xxi of this section, at the time monitoring reports are submitted. The reports shall contain the information listed in paragraph xxi(A) through (C) of this section.
- (xxiii) A requirement that, in the situation where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the administrator, the permittee shall promptly submit such facts or information.
- (xxiv) A requirement that the injection well meet construction requirements outlined in Section 11 of this chapter, and that the permittee submit notice of completion of construction to the administrator and allow for inspection of the well upon completion of construction, prior to commencing any injection activity.
- (xxv) A requirement that the packer be set within five-hundred (500) feet of the top of the receiver, unless the administrator allows some other specific interval to be used to set the packer, but always within the zone covered by excellent cement bond as shown by the cement bond log.
- (xxvi) A requirement that the permittee notify the administrator at such times as the permit requires before conversion or abandonment of the well.
- (xxvii) A requirement that a plugging and abandonment report, detailing the compliance abandonment procedures outlined the original permit application, or describing any deviations from the original plan, be submitted as soon as practicable after plugging and abandonment.
- (xxviii) Monitoring results shall be reported in the annual reports unless otherwise specified.
- (xxix) Injection into a well may not commence until construction is complete.
(e) In addition to the conditions required of all permits, the administrator may establish on a case-by-case basis, conditions as required for monitoring, schedules of compliance, and such additional conditions as are necessary to prevent the migration of fluids into underground sources of drinking water.
020-13 Wyo. Code R. § 13-9