020-20 Wyo. Code R. § 20-48

Current through April 27, 2019

Section 20-48 - Corrective Action Contingency Bond Amount Determination

(a) The corrective action contingency bond amount shall be determined using the following formula:

Bond Amount = Maximum Rate X f_w X f_g X f_i.

From Table 1, the Maximum Rate is determined by the proposed size of the facility.

From Table 2, f_w is a factor that accounts for groundwater monitoring, secondary containment with a liquid collection and recovery system, setback distance of the facility from the permittee's down gradient property line and the class of groundwater that underlies the facility.

From Table 3, f_g is a factor that accounts for the saturated hydraulic conductivity and the thickness of the least permeable stratum between the lowest point of construction and the first encountered groundwater.

The effects of variations in the cost index are corrected for by the factor f_i. The factor f_i is a weighted annual average of the Bureau of Labor Statistics Producer Price Indexes for Capital Equipment, WPUSOP3200; Material and components for construction, WPUSOP2200; and Machinery and equipment, WPU114. On December 31 of each year, f_i. shall be calculated for the coming year by dividing the weighted annual index value for the previous year by 100. For example, the f_i. for 1998 is calculated by dividing the weighted annual index for 1996, 141.5, by 100. The f_i. for 1998 is 1.415.

(b) Table 1

Maximum Rate Determination*
Number of Swine at the Confined Swine Feeding Operation	Maximum Rate
2500 - 5000	$2,800,000
5000 - 10,000	$3,100,000
10,000 - 20,000	$3,500,000
20,000 - 50,000	$4,400,000

* The Maximum Rate is based on estimates of the cost of remediation and subsequent monitoring of the worst case release from a facility housing the range of swine numbers listed.

**Bond amounts for facilities greater than 50,000 animals shall be determined by the Department based on a case-by-case analysis of the potential corrective action costs.

(c) Table 2

Determination of Groundwater Classification Factor (fw)
Groundwater Monitoring	Liquid Collection and Recovery System (Secondary Containment)	Setback Distance from Animal Waste Facility*	Groundwater Classification	fw
Yes/No	No		Class I	1
No	Yes		Class I	0.7
Yes	Yes	Less than ½ mile	Class I	0.4
Yes	Yes	Greater than ½ mile	Class I	0.25
Yes/No	No		Class II-III	1
No	Yes		Class II-III	0.4
Yes	Yes	Less than ½ mile	Class II-III	0.2
Yes	Yes	Greater than ½ mile	Class II-III	0.1
Yes/No	No		Class IV-VI	1
No	Yes		Class IV-VI	0.2
Yes	Yes		Class IV-VI	0.1

* To Down Gradient Property Boundary or Area Controlled by Groundwater Easement

(d) Table 3

Determination of Vadose Zone Factor (fg)*
Saturated Hydraulic Conductivity (k) of Least Permeable Stratum between Impoundment and First Encountered Groundwater	Thickness of Least Permeable Stratum	fg
Hydraulic conductivity k > 10 -4 cm/s	Less than 75 ft.	1
k > 10 -4 cm/s	75 to 250 ft.	0.9
k > 10 -4 cm/s	Greater than 250 ft.	0.75
10 -4 cm/s > k > 10 -6 cm/s	20 to 30 ft.	0.8
10 -4 cm/s > k > 10 -6 cm/s	30 to 100 ft.	0.65
10 -4 cm/s > k > 10 -6 cm/s	Greater than 100 ft.	0.5
Low Permeability Media k < 10 -6 cm/s	3 to 10 ft.	0.4
Low Permeability Media k < 10 -6 cm/s	Greater than 10 ft.	0.2

*For facilities developed within highly sensitive hydrogeologic settings (e.g. fractured, faulted or karst terrain) or within Zones of Contribution to public drinking water systems, the value for (f_g) will be established by the Administrator.

(e) The corrective action contingency bond amount shall be recalculated each year in accordance with Section 11, Financial Assurance Plan Content. When the bond amount is recalculated, the permittee shall have ninety (90) days to adjust the amount of financial assurance provided after receipt of notification by the Division.

020-20 Wyo. Code R. § 20-48

Amended, Eff. 6/29/2018.