020-2 Wyo. Code R. § 2-9

Current through April 27, 2019

Section 2-9 - Issuance or Denial of Permits or Authorizations

Once the requirements of Sections 4(b) and (c), 5(a) and (b), and 6(b) or 7(a) and (b) of these regulations have been met, a final determination regarding issuance or denial of a permit or authorization shall be made.

(a) Denial of permits or authorizations. No permit or authorization shall be issued which would authorize any of the following discharges:

(i) The discharge of any radiological, chemical, or biological warfare agent, or high level radioactive waste into surface waters of the state;

(ii) Any discharge which the Secretary of the Army, acting through the Chief of Engineers, finds would substantially impair anchorage and navigation;

(iii) Any discharge to which the Regional Administrator of the EPA has objected pursuant to the provisions of 40 CFR Part 123.44;

(iv) Any discharge from a point source which is in conflict with a plan or amendment thereto approved pursuant to Section 208(b) of the Federal Act;

(v) Any discharge that, after imposition of permit conditions, cannot ensure compliance with the applicable water quality requirements of all affected states; and

(vi) No permit may be issued when conditions of the permit do not provide compliance with applicable requirements of W.S. 35-11-302 and of these regulations.

(b) Issuance of permits or authorizations. The permit or authorization shall be issued if all the requirements of appropriate sections of W.S. W.S. W.S. 35-11-302 and these regulations have been met and the issuance of the permit or authorization is not denied under Section 9(a). In this regard, the term "reasonableness" as used in W.S. W.S. W.S. 35-11-302(a) (vi) shall be considered to mean, as a minimum, compliance with applicable effluent standards and applicable water quality standards.

(c) Incorporation of permit conditions. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit.

(d) Term of permits. A permit issued pursuant to these regulations shall have a fixed term not to exceed five (5) years unless extended under Section 11 of these regulations. Reissuance of a permit issued pursuant to these regulations shall be in accordance with the requirements of Sections 5(a) and (b), and 9.

020-2 Wyo. Code R. § 2-9