(a) The operator shall submit an application and obtain a permit prior to the construction, installation, modification or operation of any facility in the following subclasses: 5A3; 5B3; 5B5; 5C1; 5C2; 5C3; 5D1; 5D3; 5D4; 5E3, 5E4 and 5F2 unless the facility is covered by a general permit. In addition, any facility not authorized under Sections 7 and 8, and operators directed by the administrator to obtain an individual permit, shall obtain an individual permit under this section.
(b) The operator is responsible to make application for and obtain a permit. Each application must be submitted with all supporting data required in this chapter.
(c) A complete application for a Class V facility individual permit shall include: - (i) A brief description of the nature of the business and the activities to be conducted that require the applicant to obtain a permit under this chapter;
- (ii) The name, address and telephone number of the operator, and the operator's ownership status and status as a federal, state, private, public or other entity;
- (iii) The name address and telephone number of the facility. Additionally, the location of the facility shall be identified by section, township, range and county.
- (iv) A calculation of the area of review, to include:
- (A) A calculation to determine the maximum area affected by the injected waste for all Class V facilities constructed or modified after the effective date of these regulations. This calculation determines the total amount of void space around and down gradient from the point of injection and uses accepted groundwater theory to determine the extent of any affected groundwater around the facility.
- (B) A Class V area of review shall never be less than the area of potentially impacted groundwater.
- (C) All areas of review shall be legally described by township, range and section to the nearest ten ( 10) acres as described under the general land survey system.
- (v) Information about the proposed facility including:
- (A) A description of the substances proposed to be discharged, including type, source, and chemical, physical, radiological and toxic characteristics; and
- (B) Construction and engineering details in accordance with Section 10 of this chapter and Chapter 11 Water Quality Rules and Regulations.
- (vi) Information, including the name, description, depth, geologic structure, faulting, fracturing, lithology, hydrology, and fluid pressure of the receiver and any relevant confining zones. The fracture pressure of the receiver shall be submitted only if the injection is under pressure into a confined aquifer.
- (vii) Water quality information including background water quality data which will facilitate the classification of any groundwaters which may be affected by the proposed discharge. This must include information necessary for the division to classify the receiver and any secondarily affected aquifers under Chapter 8, Wyoming Water Quality Rules and Regulations.
- (viii) A topographic and other pertinent maps, extending at least one (1) mile beyond the property boundaries of the facility, but never less than the area of review, depicting:
- (A) The facility and each of its intake and discharge structures;
- (B) Each well, drywell or subsurface fluid distribution system where fluids from the facility are injected underground;
- (C) Other wells, springs, and surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within the area of review; and
- (D) Bedrock and surficial geology, geologic structure, and hydrogeology in the area.
- (ix) A list of other relevant permits, whether federal or state, that the facility has been required to obtain, such as construction permits. This includes a statement as to whether or not the facility is within a state approved water quality management plan area, a state approved wellhead protection area or a state approved source water protection area.
- (x) Detailed plans for monitoring the volume and chemistry of the discharge, and water quality of selected water wells within the area of review in accordance with Section 11 of this chapter;
- (xi) All applications for permits, reports, or information to be submitted to the Administrator shall be signed by a responsible officer as follows:
- (A) For a corporation - a responsible corporate officer means:
- (i) A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or
- (ii) The manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
- (B) For a partnership or sole proprietorship -- by a general partner or the proprietor, respectively;
- (C) For a municipality, state, federal or other public agency -- by either the principal executive officer or ranking elected official.
- (xii) The application shall contain the following certification by the person signing the application:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(d) All data used to complete permit applications shall be kept by the applicant for a minimum of three (3) years from the date of signing.
(e) The applicant shall submit five (5) copies of the permit application to the division.
(f) Within 60 days of submission of the application, the administrator shall make an initial determination of completeness. An application shall be determined complete when the administrator receives an application and any supplemental information necessary to determine compliance with these regulations.
(g) Resubmittal of information by an applicant on an incomplete application will begin the process described in paragraph (f) of this section.
(h) During any 60 day review period where an application is determined complete, the administrator shall prepare a draft permit for issuance or denial, prepare a fact sheet on the proposed operation, and provide public notice pursuant to Section 13.
(i) A denial of the application by the department is appealable by the applicant to the Environmental Quality Council in accordance with the Rules of Practice and Procedure. Requests for appeal must be in writing, state the reasons for appeal, and be made to both the director and the chairman of the Environmental Quality Council.
020-16 Wyo. Code R. § 16-6