020-3 Wyo. Code R. § 3-2

Current through April 27, 2019

Section 3-2 - Applicability

(a) Except as provided in paragraphs (b), (c), (d), and (e) below, these regulations shall apply to all public water supplies as defined in Section 3(a) (iv) of these regulations and to all private, municipal, commercial and industrial (including mining) sewerage systems, treatment works, disposal facilities, biosolids management facilities, treated wastewater systems and other facilities capable of causing or contributing to pollution.

(b) Pursuant to the provisions of W.S. 35-11-301(a) (iii) as amended by the Session Laws of Wyoming, 1987, passed by the 1987 Legislative Session, effective March 13, 1987, uranium mill tailing facilities are excluded from the requirement to obtain a permit to construct, install, modify or operate a facility capable of causing or contributing to pollution. The following requirements are applicable to these facilities.

(i) Decrees existing as of March 13, 1987 remain in full force and effect.

(ii) These facilities shall not cause a violation of quality standards for surface or ground waters as contained in Chapters 1 and 8, Wyoming Water Quality Rules and Regulations.

(c) Pursuant to the provisions of W.S. 35-11-109(a) (ii) and W.S. 35-11-1104(a) (iii), the following facilities being regulated by other agencies of the State of Wyoming, while subject to the requirements of the Wyoming Environmental Quality Act, will not require the issuance of a permit:

(i) Noncommercial pits and ponds permitted by the Wyoming Oil and Gas Conservation Commission for the storage, treatment and disposal of drilling fluids, produced waters, emergency overflow wastes or other oil field wastes associated with the maintenance and operation of oil and gas exploration and production wells on a lease, unit or communitized area; and

(ii) Noncommercial underground disposal into Class II injection wells, as defined under the federal Safe Drinking Water Act, of salt water, non potable water and oil field wastes related to oil and gas production and permitted by the Wyoming Oil and Gas Conservation Commission.

(d) These regulations do not apply to the following facilities inasmuch as these facilities are authorized by a permit issued pursuant to the provisions of this act, or they discharge into a facility or facilities authorized by a permit issued pursuant to the provisions of this act:

(i) Sanitary landfills, pits at sanitary landfills, and sludge disposal sites permitted by the Solid and Hazardous Waste Division;

(ii) Sediment control structures where the out fall enters into another sediment control structure that was permitted under this chapter and was designed and constructed to treat the additional loading;

(iii) Treatment works, sediment impoundments, disposal systems, biosolid facilities, land application or treated wastewater reuse systems regulated by the Land Quality Division under Article 4 of the Wyoming Environmental Quality Act;

(iv) Class V facilities requiring permits under Chapter 27 of these regulations including multiple small wastewater systems discharging more than 2,000 gallons per day within any five (5) acre area under one ownership;

(v) Supporting facilities for Class I injection wells permitted under Chapter 27, requiring a Chapter 3 permit, may be included as a single permit under Chapter 27 of these regulations; and

(vi) Confined swine feeding operations permitted under Chapter 20 of these regulations; or

(vii) Facilities permitted by a local agency delegated authority under W.S. 35-11-304.

(e) Pursuant to the provisions of W.S. W.S. 35-11-109(a) (ii), and in order to minimize duplicative permitting of biosolids facilities regulated by the U.S. Environmental Protection Agency (EPA), the State will accept an EPA permit as a state permit meeting the requirements of W.S. W.S. 35-11-301(a) (iii). The recipient of the EPA permit will submit a copy of the EPA permit to the Water Quality Division, Department of Environmental Quality (WQD/DEQ). A state permit will be issued only in the following instances:

(i) Where EPA does not regulate the land application or disposal of biosolids or domestic septage by issuance of an Authorization To Land Apply or Surface Dispose Sludge Under the National Pollution Discharge Elimination System;

(ii) Where commercial waste treatment, storage and disposal facilities are involved in accordance with W.S. 35-11-307;

(iii) Where waste treatment, storage and disposal facilities are used for more than ten (10) dried tons of sewage sludge per day in accordance with W.S. 35-11-307;

(iv) Where biosolids are prepared outside of the state and brought into the state for land application or surface disposal; or

(v) Where treated wastewater is prepared outside of the state and brought into the state for land application.

(f) Initial emergency response activities to stop and contain a release, as defined in Chapter 4 of these regulations, that enters or threatens to enter Waters of the State or presents an immediate threat to human health, safety or the environment, while subject to the requirements of the Wyoming Environmental Quality Act and Chapter 4 of these regulations, will not require a permit under this chapter.

(g) To facilitate 'one-stop' permitting, facilities requiring a permit under this chapter may be included as an individual permit under Chapter 27.

020-3 Wyo. Code R. § 3-2

Amended, Eff. 6/29/2018.