Provisions for the issuance of general permits are described in this section. Additional requirements specific to effluent permits, storm water permits and isolated wetlands are contained in sections 5, 6 and 7 of these regulations.
(a) Coverage. The department may issue a general permit to cover a category of discharges, except those covered by individual permits, within a geographic area which shall correspond to existing geographic or political boundaries. The general permit may be written to regulate: - (i) Storm water point sources except;
- (A) Storm water discharges associated with industrial activities (as defined in Section 6(g) (ii) (A) through (K) ) that have a potential to reach surface waters of the state that are listed as being Class 1 in Appendix A of Chapter 1, Wyoming Water Quality Rules and Regulations. These facilities must apply for an individual storm water permit in accordance with the requirements of Section 6(b).
- (B) Storm water discharges from large or small construction activity as defined in Section 6(f) are not included in the exception of Section 4(a) (i) (A).
- (ii) Point source discharges of dredged or fill material into isolated wetlands;
- (iii) Effluent discharges, other than discharges described in (i) and (ii) above, if the sources all:
- (A) Involve the same or substantially similar types of operations;
- (B) Discharge the same types of pollution or wastes;
- (C) Require the same effluent limitations or operating conditions;
- (D) Require the same or similar monitoring; and
- (E) In the opinion of the administrator, are more appropriately controlled under a general permit than under individual permits. In making such a finding, the administrator shall consider: the types of discharges; the expected nature of the discharges; the potential for toxic and conventional pollutants in the discharges; the expected volumes of the discharges; and the estimated number of discharges to be covered by the permit. The administrator shall provide in the public notice of the general permit the rationale for utilizing a gene ral permit rather than individual permits for the permitted activity.
(b) Authorization to discharge. - (i) Except as otherwise provided in these regulations, any person seeking coverage under a general permit shall submit to the department a complete notice of intent, supplied by the administrator, to be covered by the general permit. Any person who fails to submit a notice of intent in accordance with the terms of the general permit is not authorized to discharge under the terms of the permit unless the general permit, in accordance with Section 4(b) (v), contains a provision that a notice of intent is not required.
- (ii) The minimum requirements of the notice of intent shall be specified in the general permit and shall require the submission of information necessary for adequate program implementation. All notices of intent shall be signed as described in Section 14 of these regulations.
- (iii) General permits shall specify the deadlines for submitting notices of intent and the date(s) when a discharge is authorized under the permit unless otherwise specified in the authorization.
- (A) In any event, no person shall commence a discharge without having obtained written authorization from the department, and no authorization shall be issued without full compliance by the permittee with all requirements of these regulations.
- (B) In any event, no person shall change or alter the conditions of an authorized discharge without having obtained an authorization from the department, and no authorization for the modification shall be issued without full compliance by the permittee with all requirements of these regulations.
- (C) In any event, no person shall continue to discharge beyond the expiration date of an authorization without having obtained an extension or renewal of the authorization from the department, and no extension or renewal shall be granted without full compliance by the permittee with all requirements of these regulations.
- (iv) General permits shall specify eligibility requirements for coverage under the permit and procedures for submitting notices of intent and granting authorization.
- (v) Discharges other than discharges from publicly owned treatment works, combined sewer overflows, MS4s, primary industrial facilities, and storm water discharges associated with industrial activity and large construction activities may be authorized to discharge under a general permit without submitting a notice of intent where the administrator finds that a notice of intent requirement would be inappropriate. In making such a finding, the administrator shall consider: the types of discharges, the expected nature of the discharges; the potential for toxic and conventional pollutants in the discharges; the expected volumes of the discharges; and the estimated number of discharges to be covered by the permit. The administrator shall provide in the public notice of the general permit the reasons for not requiring a notice of intent, if so allowed.
- (vi) The administrator may notify a discharger that it is subject to the conditions and requirements of a general permit, even if the discharger has not submitted a notice of intent to be covered.
(c) Water quality-based limits. Where sources within a specific category or subcategory of dischargers are subject to water quality-based limits imposed pursuant to Section 5 of these regulations, the source in that specific category or subcategory shall be subject to the same water quality-based effluent limitations, when applicable.
(d) Applicable conditions. The general permit must clearly identify the applicable conditions for each category or subcategory of dischargers or treatment works treating domestic sewage covered by the permit.
(e) Exclusions. The general permit may exclude specified sources or areas from coverage.
(f) Processing procedures for notices of intent. - (i) The administrator shall review each notice of intent and make a completeness determination within 30 days of receipt of the notice of intent. If the notice of intent and supplemental information are deemed to be complete, processing of the notice of intent shall proceed in accordance with Section 4(f) (ii). If the administrator determines that the notice of intent is incomplete, a notice shall be provided to the applicant, describing the additional information needed in order to complete the processing of the notice of intent, within 45 days of receipt of the notice of intent. The completeness of any notice of intent shall be judged independently of the status of any other notice of intent for the same facility or activity.
- (ii) Upon determination of completeness or as specified in the general permit, the administrator, or his authorized representative, shall make a determination on issuance or denial of the authorization for coverage under the general permit. If the administrator, or his authorized representative, proposes that the discharge be authorized, the administrator, or his authorized representative, will also identify any conditions of authorization.
(g) Modification, revocation, renewal, extension, or termination of general permits. General permits may be issued, modified, revoked, renewed, extended, or terminated in accordance with provisions of Sections 9, 10, 11, and 12 of these regulations. Termination may apply to individual owners or operators, to several owners or operators, or to an entire general permit protection area. In cases where the termination does not affect all owners and operators, the general permit shall remain in effect with respect to those unaffected owners and operators.
(h) Permit term. General permits may be issued for a term not to exceed five (5) years, unless extended in accordance with the provisions of Section 11 of these regulations.
(i) Requiring an individual permit. - (i) The administrator, for good cause, may require any person authorized by a general permit or seeking coverage under a general permit to apply for and obtain an individual permit. Cases where an individual WYPDES permit may be required include, but are not limited to, the following:
- (A) The permittee is not in compliance with the conditions of the general WYPDES permit;
- (B) A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source;
- (C) Effluent limitation guidelines are promulgated for point sources covered by the general WYPDES permit;
- (D) A water quality management plan containing requirements applicable to such point sources is approved;
- (E) Circumstances have changed since the time of the request to be covered so that the discharger is no longer appropriately controlled under the general permit, or either a temporary or permanent reduction or elimination of the authorized discharge is necessary;
- (F) The discharge(s) is a significant contributor of pollutants. In making this determination, the administrator may consider the following factors:
- (I) The location of the discharge with respect to surface waters of the state;
- (II) The size of the discharge;
- (III) The quantity and nature of the pollutants discharged to surface waters of the state; and
- (IV) Any other relevant factors.
- (ii) Any interested person may petition the administrator to require any person authorized by a general permit or seeking coverage under a general permit to apply for and obtain an individual permit.
- (iii) Any owner or operator authorized by a general permit may request to be excluded from the coverage of the general permit by applying for an individual permit in accordance with Section 5(a) of these regulations.
- (iv) When an individual permit is issued to an owner or operator otherwise subject to a general permit, the applicability of the general permit to the individual permittee is automatically terminated on the effective date of the individual permit.
(j) General permit coverage for discharges already covered by an individual permit. A discharge excluded from a general permit solely because it already has an individual permit may request that the individual permit be terminated, and that it be covered by the general permit.
(k) Application for coverage. Any owner or operator shall apply for coverage in a general permit category by completing the notice of intent supplied by the administrator.
(l) Permit conditions. - (i) General permits will include all conditions determined necessary by the state for protection of the surface waters of the state.
- (ii) General permits will require a copy of the authorization letter be posted at the physical location of the permitted site in a prominent and safe place for public viewing.
- (iii) General permits will require the permittee to notify all landowners, on whose property an outfall associated with the general permit is located, prior to submitting the Notice of Intent to the administrator.
(m) Application requirements for isolated wetlands. A notice of intent submitted for coverage of mitigation for activities that cause the destruction, damage or impairment of naturally occurring isolated wetlands shall contain the information as required in Section 7(b) of these regulations.
(n) Application requirements for effluent discharges. Application requirements for effluent discharges, except for storm water discharges and isolated wetlands as described in Sections 6 and 7 respectively of these regulations. - (i) A notice of intent submitted for coverage of discharge from a new facility under a general permit shall contain, at a minimum, the following information unless the administrator determines that certain items are unnecessary:
- (A) Name of company, entity, or individual seeking authorization;
- (B) Identification of the facility name, location, and telephone number if applicable;
- (C) Mailing address and telephone number of company, entity, or individual seeking authorization;
- (D) Applicant status as federal, state, private, public, or other entity;
- (E) Name and signature of responsible person;
- (F) Authorization of a duly authorized representative under the Signatory Requirements of Section 14 of these rules, where applicable;
- (G) Type and location, expressed in latitude and longitude to the nearest 15 seconds, of the facility from which discharge will occur;
- (H) A description of the activities conducted by the applicant which require it to obtain coverage under a WYPDES permit;
- (I) Expected quality and quantity of effluent (including maximum design capacity in million gallons per day) proposed for discharge, flow rate in million gallons per day or cubic feet per second and whether the proposed discharge will be continuous or intermittent;
- (J) Description of treatment process that will be used to reduce pollutant concentrations in effluent;
- (K) Outfall number(s) and latitude and longitude of each outfall location to the nearest 15 seconds;
- (L) Outfall number(s) and legal description(s) of each outfall location to the nearest quarter/quarter of a section;
- (M) Names and addresses of landowners where outfall(s) will be located, if property owner is other than the applicant;
- (N) Outfall number(s) and names of surface waters of the state that would or potentially would directly receive any portion of the discharge for each outfall, including, where applicable, a description of the tributary system from the outfall location to the main stem;
- (O) A topographic map extending one mile beyond the property boundaries of the source, showing the location of the facility, intake structures and associated outfalls and proposed monitoring and/or compliance points; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known by the applicant in the map area. The map scale must be at least 1:24,000 unless otherwise approved by the administrator.
- (P) Where applicable, additional requirements as specified in Appendices A through M of these regulations.
- (Q) Any other information the administrator may request in order to identify potential impacts to designated uses of surface waters of the state, by the proposed discharge and to determine whether to issue authorization under a general permit. The additional information may include additional quantitative data and bioassays to assess the relative toxicity of discharges to aquatic life and requirements to determine the cause of the toxicity.
- (ii) Information in addition to that described in Section 4(n) (i) may be established based on needs specific to a general permit.
- (iii) A notice of intent submitted by a permittee for modification or extension of existing authorization under a general permit shall identify any changes or additions to the information listed in (i) and (ii) above that was provided in the notice of intent submitted for the authorization most recently granted.
- (iv) A notice of intent and other documents required to accompany said notice of intent when submitted to the department must be signed and certified in accordance with the provisions of Section 14 of these regulations.
(o) Application requirements for storm water discharges. - (i) Deadlines to apply.
- (A) Facilities proposing a new discharge of storm water associated with industrial activity or large construction activity shall submit a notice of intent in accordance with the provisions of Section 4(o) (ii) of these regulations.
- (B) Except as provided in Section 4(o) (i), for any storm water discharge associated with large construction activity as described in Section 6(f) (i) or industrial activity as identified in Section 6(g) in place prior to the effective date of this rule, should have made application to the administrator by October 1, 1992; prior to initiation of the activity; or as specified in the applicable general permit.
- (C) For any storm water discharge associated with industrial activity from a facility that is owned or operated by a municipality with a population of less than 100,000 that is not authorized by a general or individual permit other than an airport, powerplant, or uncontrolled sanitary landfill, the permit application must be submitted to the administrator by March 10, 2003 or as specified in the applicable general permit.
- (D) For storm water discharges associated with small construction activity as described in Section 6(f) (ii), that are not already authorized by a storm water general or individual permit, require permit authorization as of March 10, 2003, except;
- (I) Storm water discharges subject to Section 4(b) (v) which are not required to submit a NOI for coverage in accordance with the provisions of the applicable general permit, and
- (II) Storm water discharges associated with small construction activity at oil and gas exploration, production, processing, and treatment operations or transmission facilities subject to the provisions of, Section 4(o) (i) (E) of these regulations.
- (E) For storm water discharges associated with small construction activity at oil and gas exploration, production, processing, and treatment operations or transmission facilities, require permit authorization as of March 10, 2005.
- (F) A notice of intent shall be submitted to the administrator within 60 days of notice of a storm water discharge which the administrator determines contributes to a violation of a water quality standard or is a significant contributor of pollutants to surface waters of the state or where the administrator determines that storm water controls are needed for the discharge based on wasteload allocations that are part of "total maximum daily loads" (TMDLs) that address the pollutant(s) of concern; unless permission for a later date is granted by the administrator.
- (G) For any existing storm water discharge from a regulated small MS4 for which a storm water permit application was not previously required under federal law or regulation, the permit application made under Section 4(o) (iii) must be submitted to the administrator:
- (I) By March 10, 2003 for any storm water discharge associated with a regulated small MS4 in an urbanized area as described in Section 6(h) (i) (A) and (B) and that is not already authorized by a storm water general or individual permit,
- (II) Within 180 days of notice of designation, unless the administrator grants a later date, under Section 6(h) (i) (C) or (D).
- (ii) Application requirements for storm water discharges associated with industrial activity and large construction activity. Dischargers of storm water associated with industrial activity and large construction activity are required to apply for an individual permit or seek coverage under a storm water general permit.
A notice of intent requesting coverage under a general permit must be completed in accordance with the requirements of this section and the applicable general permit. Unless the administrator determines that certain items are unnecessary, the notice of intent shall contain, at a minimum:
- (A) General requirements applicable to all notices of intent:
- (I) Name of the company, entity, or individual seeking a permit;
- (II) Mailing address and telephone number of company, entity, or individual seeking a permit;
- (III) The facility name, location, and telephone number if applicable;
- (IV) Applicant status as federal, state, private, public, or other entity;
- (V) Name and signature in accordance with the requirements of Section 14 of these regulations;
- (VI) Authorization of a duly authorized representative under the Signatory Requirements of Section 14 of these regulations, where applicable;
- (VII) Location, expressed in latitude and longitude to the nearest 15 seconds, of the facility to be covered under the permit;
- (VIII) Location, expressed as quarter/quarter section, township, and range in the applicable Public Land Survey (PLS), of the facility to be covered under the permit;
- (IX) A description of the activities conducted by the applicant which require it to obtain a WYPDES storm water discharge permit;
- (X) For industrial activities only, up to four SIC codes which best reflect the principal products or services provided by the facility;
- (B) Applicants shall provide such other information the administrator may reasonably require to determine whether to issue an authorization. The additional information may include additional quantitative data and bioassays to assess the relative toxicity of discharges to aquatic life and requirements to determine the cause of the toxicity.
- (iii) Application requirements for regulated small municipal separate storm sewer discharges.
- (A) The notice of intent for general permit coverage must include the following information, at a minimum:
- (I) Name of the municipality seeking a permit;
- (II) Mailing address, contact name, and telephone number of the municipality seeking a permit;
- (III) A general description of the best management practices (BMPs) that the permittee or another municipality will implement for each of the storm water minimum control measures required by Section 6(j) (i);
- (IV) The measurable goals for each of the selected BMPs including, as appropriate, the months and years in which the permittee will undertake required actions, including interim milestones and the frequency of the action;
- (V) The person or persons responsible for implementing or coordinating the permittee's storm water management program. A position, rather than an individual, may also be designated;
- (VI) A description of the funding sources expected for implementation of the permittee's program; and
- (VII) Other information the administrator may reasonably require to determine whether to issue an authorization.
- (B) The permittee may file a separate application for coverage under a general permit, or may jointly submit an application with other municipalities or governmental entities. If the permittee wants to share responsibilities for meeting the minimum control measures with other municipalities or governmental entities, the application (whether separate or joint) must describe which minimum control measures the permittee will implement and identify the entities that will implement the other minimum control measures within the area served by the permittee's MS4.
- (C) If authorized by the administrator, the permittee may file a separate application for coverage under an individual permit. The application must include the information required under Section 4(o) (iii) and Section 6(b) (i), an estimate of square mileage served by the small MS4, and any additional information that the administrator requests. The administrator's authorization will be contingent upon the regulated entity providing adequate justification for the need for an individual permit.
- (D) If authorized by the administrator, two (2) or more regulated entities may jointly apply under Section 4(o) (iii) (C) to be co-permittees under an individual permit. The administrator's authorization will be contingent upon the regulated entities providing adequate justification for the need for an individual permit.