020-2 Wyo. Code R. § 2-10

Current through April 27, 2019

Section 2-10 - Renewal of Permits, and Renewal of Coverage Under Expiring General Permits

(a) Deadlines for permit renewal application. The owner or operator of any point source within the state who proposes to continue a permitted discharge into surface waters of the state beyond the expiration date of a permit must file with the administrator a complete application form either 1) no less than 180 days in advance of the permit expiration date, unless otherwise approved by the administrator, or 2) in sufficient time to insure compliance with the requirements of Section 306 of the Federal Act, or with any applicable zoning or siting requirements established pursuant to Section 208(b) (2) (c) of the Federal Act, and any other applicable water quality standards and limitations or in the case of general permits, in accordance with the terms specified in the applicable general permit. Except as authorized under Section 11 of these regulations, no person shall continue to discharge beyond the expiration date of a permit without having obtained a reissued permit from the department.

(b) Renewal application requirements. An application for renewal of an existing permit shall identify any changes or additions to the information, listed in Section 5(a) (v), that was provided in the application form or additional requested information for the permit most recently noticed.

(c) Review of renewal applications. The administrator shall have each request for renewal reviewed in light of the existing permit or authorization, information provided by the permittee with the request for renewal, and all other information available to the administrator bearing on the subject permit or authorization to insure that the following conditions exist:

(i) That the permittee is in compliance with or has substantially complied with all the terms and conditions of the expiring permit or authorization;

(ii) That the discharge is consistent with applicable effluent standards and compliance schedules, water quality standards, and other legally applicable requirements imposed under these regulations; and

(iii) That the administrator has up-to-date information on the permittee's discharge, either pursuant to the submission of new forms or pursuant to monitoring records and reports submitted to the administrator by the permittee.

(d) Determination of permit or authorization renewal. Following the review of the request for renewal of a permit or renewal authorization and the other considerations described in paragraph (c) above, the administrator shall:

(i) Make a determination to renew or deny renewal of an authorization for coverage under a general permit; and

(ii) For individual permits, the administrator shall make a recommendation to the director for permit renewal or denial of permit renewal.

(e) Notification of determination not to renew. In the event that the administrator determines that a permit shall not be renewed or that an authorization shall not be renewed, notification of such determination will be provided to the permittee prior to the expiration of the existing permit or authorization or in accordance with Section 11 of these regulations.

(f) Processing and public notice procedures for permit renewals. The processing and public notice procedures in Sections 5(b) and 14 shall be followed for every permit that is renewed and the processing procedures in Section 4(f) shall be followed for every authorization that is renewed.

(g) Commencement of public notice for permit renewals. Public notice for permits being proposed for renewal shall commence not later than 30 days prior to the expiration date of the permit. In the event that permit renewals are not public noticed within 30 days prior to the permit expiration date, the permit may be continued in accordance with the provisions of Section 11 of these regulations.

(h) Renewal of authorizations. Renewal of coverage authorized under an expiring general permit shall be conducted in accordance wit h the provisions established under the general permit.

020-2 Wyo. Code R. § 2-10