(a) For any subsurface discharge excepting a special process discharge: - (i) The applicant shall file three (3) copies of his application at the office of the Department.
- (ii) The Administrator will review each application received to determine if the application:
- (A) Should be accepted as complete; or
- (I) Requires public notice; or
- (II) Does not require public notice.
- (iii) If a permit is denied, written notice of the action shall be given within 30 days after the determination has been made.
- (iv) For each application determined to be complete, the Administrator shall have prepared a proposed permit that embodies tentative determinations reached. Proposed permits shall be provided to the applicant and made available to the public for inspection and copying. If public notice is not required, the proposed permit will be the final permit.
- (v) Prior to the issuance of a permit for a discharge of commercial, municipal or industrial wastes, the applicant will affirmatively demonstrate that the pollution or waste can be contained and will not migrate into other receivers or to the surface. The demonstration may be waived if the applicant submits data that document that the provisions of this requirement will be accomplished by the proposed operation. If the demonstration is not waived, the applicant may apply for a miscellaneous discharge permit in lieu of a permit for a discharge of commercial, municipal or industrial waste.
- (vi) Prior to the issuance of a permit for a subsurface discharge and at a minimum of once every five (5) years thereafter for the life of the permit, the operator shall demonstrate and/or document, as required by the Administrator, the mechanical integrity of the well or system.
- (vii) A permit shall be issued within 60 days after receipt of all information if, acting upon the complete application of the person applying to discharge, the Administrator has found and determined that the proposed discharge will not result in violation of Quality Standards for Wyoming Groundwaters, and a public hearing is not required.
- (viii) Public notice is required for every application for a permit to discharge to Groundwater of the State that is an existing source of water supplies; or for the purpose of underground management of commercial, municipal and industrial wastes.
- (A) Notice shall be given pursuant to Section 17 of these regulations.
- (B) If no objections are received, the permit shall be issued within 20 days following the complete comment period.
- (C) If written objections are filed during the comment period, the Council shall hold a public hearing pursuant to Section 18 of these regulations.
- (D) If a hearing is held, the Council shall issue a decision within 60 days after the final hearing. A permit is then issued or denied by the Director no later than 15 days from receipt of the Council's decision.
- (ix) Permits may be issued on a well-by-well basis or by discharge facility, project, field, area or other appropriate method.
- (x) Every permit issued under these regulations will be issued for the life of the discharge operation excepting as otherwise specified in these regulations.
- (A) Each issued permit shall be reviewed at least once every five (5) years.
- (B) The permit review shall be an evaluation to determine that the permittee is in compliance with or has substantially complied with all the terms and conditions of the permit, that the Department has the most recently updated information of the permittee's discharge and related pertinent activities including records, reports and notices submitted to the Department by the permittee; and that the mechanical integrity of the discharge well and facility is intact.
- (xi) A permit issued for a discharge described in Section 3.(c) (iii) (H) shall be for a limited period not to exceed a total of 18 months from the date of issuance, and shall not affect a discharge area larger than 2½ acres, unless a different time and scope are established by the Director.
(b) Permit processing procedures, issuance or denial and duration for a special process discharge shall be identical to the procedures for an in situ mining permit or license meeting the requirements and provisions of Land Quality Rules and Regulations, Chapter 18, Section 2(a). - (i) An application for a special process discharge/in situ mining permit or license shall be submitted simultaneously to the Water Quality and Land Quality Divisions. Both Divisions shall review and evaluate the application for compliance with statutory and regulatory requirements of the Department.
- (ii) Upon recommendation by the Administrator of the Land Quality Division and the Administrator of the Water Quality Division, and pursuant to these regulations, the Director shall issue a single permit by both Divisions for in situ mining.
- (iii) Prior to the issuance of a permit for a special process discharge, the applicant will affirmatively demonstrate that the pollution can be eliminated or reduced to an appropriate level. The demonstration may be waived if the applicant submits data that document that the provisions of this requirement will be accomplished by the proposed operation. If the demonstration is not waived, the applicant may apply for a miscellaneous discharge permit in lieu of a special process discharge permit.