(a) Permits required. - (i) Construction, installation, modifications or operation of Class V facilities shall be allowed only in accordance with these regulations.
- (ii) Discharges into, or construction of, any Class V facility are prohibited unless permitted pursuant to this chapter.
- (iii) Every facility shall be covered by one of the three types of permitting systems: individual; general; or permit by rule. The following sections of these regulations describe the permitting method for and subclasses of facilities. The owner or operator of a facility which can be covered by a general permit or authorized under permit by rule may apply for and be permitted by an individual permit if the owner or operator desires. Operators who do not meet the requirements for a general permit or permit by rule must obtain an individual permit prior to installation or construction of the Class V facility.
- (iv) Permits may be issued for individual facilities or they may be issued on an area basis for multiple points of discharge operated by the same person.
- (v) A separate permit to construct is not required under Chapter 3, Water Quality Rules and Regulations for any Class V facility. Requirements of the Chapter 3 permit to construct will be included in the underground injection control permit issued under this chapter.
- (vi) All permits issued under this chapter, whether individual permits, or general permits, shall be for no more than ten (10) years duration.
- (vii) Each permit shall be reviewed by the department at least once every five (5) years for continued validity of all permit conditions and contents. Permits that do not satisfy the requirements of these regulations are subject to modification, revocation and reissuance, or termination pursuant to this chapter.
- (viii) Sections of permit applications filed under this chapter which represent engineering work shall be sealed, signed, and dated by a licensed professional engineer as required by Wyoming Statutes, Title 33, Chapter 29.
- (ix) Sections of permit applications filed under this chapter which represent geologic work shall be sealed, signed, and dated by a licensed professional geologist as required by Wyoming Statutes, Title 33, Chapter 41.
(b) Permit processing procedures applicable to all Class V facilities, individual and general permits. - (i) The director may deny an individual permit for any of the following reasons:
- (A) The application is incomplete;
- (B) The project, if constructed and/or operated, will cause violation of applicable state surface or groundwater standards;
- (C) The application contains a proposed construction or operation which does not meet the requirements of this chapter;
- (D) The permitted facility would be in conflict with or is in conflict with a state approved local wellhead protection plan, state approved local source water protection plan, or state approved water quality management plan; or
- (E) Other justifiable reasons necessary to carry out the provisions of the Environmental Quality Act.
- (ii) If the director intends to deny an individual permit for any reason other than an incomplete or deficient application, a draft permit shall be prepared and public notice issued pursuant to Section 13 of this chapter.
- (iii) Permits may be modified, revoked and reissued, or terminated either in response to a petition from any interested person (including the permittee) or upon the administrator's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in Section 5(b) (vi) of this chapter. All requests shall be in writing and shall contain facts or reasons supporting the request.
If the administrator decides the petition is not justified, the petitioner shall be sent a brief written response giving the reason for the decision. A request for modification, revocation and reissuance, or termination shall be considered denied if the administrator takes no action within 60 days after receiving the written request. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice and comment. Denials by the administrator may be appealed for hearing to the Environmental Quality Council by a letter briefly setting forth the relevant facts.
- (iv) The administrator may modify a permit when:
- (A) Any material or substantial alterations or additions to the facility occur after permitting or licensing, which justify the application of permit conditions that are different or absent in the existing permit;
- (B) Any modification in the operation of the facility is capable of causing or increasing pollution in excess of applicable standards or permit conditions;
- (C) Information warranting modification is discovered after the operation has begun that would have justified the application of different permit conditions at the time of permit issuance;
- (D) Regulations or standards upon which the permit was based have changed by promulgation of amended standards or regulations, or by judicial decision after the permit was issued;
- (E) Cause exists for termination, as described in this section, but the department determines that modification is appropriate; or
- (F) Modification is necessary to comply with applicable statutes, standards or regulations.
- (v) Minor modifications of permits may occur with the consent of the permittee without following the public notice requirements. Minor modifications will become final 20 days from the date of receipt of such notice. For the purposes of this chapter, minor modifications may only:
- (A) Correct typographical errors;
- (B) Require more frequent monitoring or reporting by the permittee;
- (C) Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement;
- (D) Allow for a change in ownership or operational control of a facility where the administrator determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees have been submitted to the administrator;
- (E) Change quantities or types of fluids injected which are within the capacity of the facility as permitted and, in the judgment of the administrator, would not interfere with the operation of the facility or its ability to meet conditions described in the permit and would not change its classification;
- (F) Change construction requirements approved by the administrator pursuant to department rules and regulations provided that any such alteration shall comply with the requirements of this chapter; or
- (G) Amend an abandonment plan.
- (vi) The administrator may revoke and reissue or terminate a permit for any of the following reasons:
- (A) Noncompliance with terms and conditions of the permit;
- (B) Failure in the application or during the issuance process to disclose fully all relevant facts, or misrepresenting any relevant facts at any time; or
- (C) A determination that the activity endangers human health or the environment and can only be regulated to acceptable levels by a permit modification or termination.
- (vii) The administrator may modify a permit to resolve issues that could lead to the revocation of the permit under Section 5(b) (vi) of this chapter. The administrator, as part of any notification of intent to terminate a permit, shall order the permittee to proceed with reclamation on a reasonable time period.
If the administrator tentatively decides to modify or revoke and reissue a permit, a draft permit incorporating the proposed changes shall be prepared. The administrator may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of revoked and reissued permits, the administrator shall require the submission of a new application.
- (viii) In a permit modification under Section 5(b) (iv) of this chapter, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit and the modified permit shall expire on the date when the original permit would have expired. When a permit is revoked and reissued under this section, the entire permit is reopened as if the permit has expired and is being reissued. When the entire permit is reopened, the modified permit shall be issued for no more than ten (10) years. During any revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is issued.
- (ix) Permit modifications, revocations or terminations shall be developed as a draft permit and are subject to the public notice and hearing requirements outlined in Section 13.
- (x) Transfer of a permit is allowed only upon approval by the administrator. When a permit transfer occurs pursuant to this section, the permit rights of the previous permittee will automatically terminate.
- (A) The proposed permit holder shall apply in writing as though that person was the original applicant for the permit and shall further agree to be bound by all of the terms and conditions of the permit; and
- (B) Transfer will not be allowed if the permittee is in noncompliance with any term and conditions of the permit, unless the transferee agrees to bring the facility back into compliance with the permit.
(c) Permit conditions. - (i) All individual and general permits issued under this chapter shall contain the following conditions:
- (A) 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;
- (B) A requirement that if the permittee wishes to continue injection activity after the expiration of the permit, the permittee must apply to the administrator for, and obtain, a new permit;
- (C) 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;
- (D) 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;
- (E) 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 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;
- (F) 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;
- (G) A stipulation that this permit does not convey any property rights of any sort, or any exclusive privilege;
- (H) 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;
- (I) 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;
- (J) A requirement that the permittee furnish any information necessary to establish a monitoring program pursuant to Section 11 of this chapter;
- (K) 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 11 of this chapter;
- (L) A requirement that all applications, reports, and other information submitted to the administrator contain certifications as required in Section 6(c) (xii) of this chapter, and be signed by a person who meets the requirements to sign permit applications found in Section 6(c) (xi), or for routine reports, a duly authorized representative;
- (M) 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;
- (N) 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;
- (O) 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;
- (P) A requirement that monitoring results shall be reported at the intervals specified elsewhere in the permit;
- (Q) 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 30 days following each schedule date;
- (R) 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 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:
- (I) A description of the noncompliance and its cause;
- (II) 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
- (III) Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
- (S) A requirement that the permittee report all instances of noncompliance not already required to be reported under paragraphs (c) (i) (P) through (R) of this section, at the time monitoring reports are submitted. The reports shall contain the information listed in paragraph (c) (i) (R) of this section;
- (T) 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;
- (U) A requirement that the injection facility meet construction requirements outlined in Section 10 of this chapter, and that the permittee submit notice of completion of construction to the administrator and allow for inspection of the facility upon completion of construction, prior to commencing any injection activity;
- (V) A requirement that the permittee notify the administrator at such times as the permit requires before conversion or abandonment of the facility;
- (W) A requirement that an 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 abandonment; and
- (X) A requirement that injection may not commence until construction is complete.
- (ii) 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.
(d) Records and reports required for general and individual permits. - (i) The permittee shall submit a written report to the administrator of all remedial work concerning the failure of equipment or operational procedures which resulted in a violation of a permit condition, at the completion of the remedial work.
- (ii) Routine periodic reports required by the permit shall be submitted to the administrator within 30 days following the end of the period covered in the report. Reports shall include the following information:
- (A) If the permit requires, an accounting of the total volume of injectate for the period covered by the report, the year to date, and the life of the facility to date; and
- (B) An analysis of the physical, chemical and other relevant characteristics of the injected fluid.
- (iii) For any aborted or curtailed operation, in lieu of an annual report, a complete report shall be submitted within 30 days of complete termination of the discharge or associated activity.
- (iv) The permittee shall retain all monitoring records required by the permit for a period of three (3) years following facility closure.
020-16 Wyo. Code R. § 16-5