020-16 Wyo. Code R. § 16-7

Current through April 27, 2019
Section 16-7 - General Permits

(a) The department may develop and issue general permits pursuant to these regulations which cover Class V facilities for the following subclasses: 5A1, 5A2, 5B1, 5C4, 5C5, 5C6, 5D1, 5D2, 5E1, 5E3, and 5E5. The administrator may issue general permits in other categories as the need arises. 5E3 facilities which were permitted as small wastewater systems prior to April 14, 1998 are permitted by rule under Section 8(c) (v) and are not covered by this section. Facilities in these subclasses which have already been issued individual permits under Chapter 9 or Chapter 16, Water Quality Rules and Regulations may continue under these permits until they are terminated, revoked and reissued, or canceled at the request of the operator. Coverage shall not be extended to any facility if such a facility would be in violation of any state approved source water protection area. Facilities in these subclasses not presently covered by an individual permit will be authorized by permit by rule until the general permit for the specific subclass is issued. The operator of a facility listed in this section shall have two (2) years after the date of issuance of the general permit to:

  • (i) Obtain coverage under the issued general permit;
  • (ii) Submit an application and receive an individual permit under this chapter;
  • (iii) Continue to be covered by a permit issued pursuant to Chapter 9 of these regulations; or
  • (iv) Abandon the facility in accordance with Section 12.

(b) If a general permit has been issued by the department, an operator of a facility must register the facility with the department and sign a statement agreeing to be bound by the conditions of that permit. Failure to register for general permit coverage, when available, is the same as operation of a facility without a permit, unless an individual permit has been obtained.

(c) In order to be covered by a general permit, an operator must submit all information required in Section 6(c) (i), (ii), and (iii), plus any additional information required to be submitted or reported in the issued general permit. The submittal requesting coverage by a general permit shall be signed by a person meeting the same signatory requirements of Section 6(c) (xi) and shall be certified in accordance with Section 6(c) (xii). Facilities will be covered by general permits as soon as the department has issued a written statement of acceptance to allow the construction and operation of the facility under the general permit. The department will issue an authorization accepting the operation for coverage under the general permit or denying coverage under the general permit, within 60 days of the date when the operator requested coverage. Requests for coverage under a general permit, which do not meet the requirements for general permit pursuant to this chapter, may be denied by the administrator.

(d) Once issued, general permits must remain the same for all persons covered by the permit. A general permit may be modified in accordance with Section 5(b) (iv). Any such modification must cover all persons covered by the permit.

(e) General permits shall also include:

  • (i) The permit conditions required in Section 5(c) (i);
  • (ii) A requirement to submit information necessary for the department to make an assessment of the vulnerability of the environment and public health to the injection from the Class V well. Such information may include the depth to the groundwater table at the disposal field, groundwater quality or existing available information on the lithology, geology, hydrogeology and the location of the following items within 1/4 mile of the Class V facility:
    • (A) All water supply wells and the uses of each respective well;
    • (B) All property boundaries and land uses;
    • (C) All surface water bodies or springs; and
    • (D) All known sources of groundwater contamination or pollution.
    • (E) All state approved source water protection areas, wellhead protection areas, 201 service areas, or water quality management plan areas.
  • (iii) Depth below the ground surface for the point of injection and for the well screening in all wells within the area of review;
  • (iv) A requirement for facilities constructed after April 14, 1998 that the operator certifies the facility will meet the design, construction, and operational performance requirements in Section 10 for the specific subclass of facility.
  • (v) A requirement that the operator submit the disposal capacity of the facility in gallons per day as calculated using Table 1, Chapter 25. Some facilities may be required to monitor the volume of injectate actually disposed of, or the volume of water used in the area served by the Class V facility.

(f) The administrator may require any operator covered by a general permit to obtain an individual permit for the facility when a review of the information submitted under this section indicates that the general permit would not be protective of groundwater in that specific case. Any operator covered by a general permit may at any time apply for and obtain an individual permit for the same facility. Once issued, an individual permit will replace coverage by the general permit for that facility.

(g) General permits will contain the subclass of injection facility covered, the geographic area covered, the general nature of the fluids to be discharged, and the location of the receiver where the discharge will be allowed. General permits will follow the public notice requirements of Section 13 of this chapter. During each five (5) year review of a general permit, a public notice shall be issued by the department stating that a five (5) year review has been done, listing the facilities covered by a general permit, and stating where the public may obtain a copy of the permit.

(h) Operators of new injection facilities who believe that their facility may be covered by a general permit in class 5C6 facilities may apply for coverage under the general permit for that subclass. If not accepted for coverage under this general permit, the operator shall apply for an individual permit under subclass 5C3.

(i) Operators of new injection facilities who believe that their facility may be covered by a general permit in class 5E5 facilities may apply for coverage under the general permit for that subclass. If not accepted for coverage under this general permit, the operator shall apply for an individual permit under subclass 5E3.

(j) In order to obtain coverage under the general permit all operators of class 5C6 and 5E5 shall submit detailed construction drawings and an abbreviated groundwater study showing the approximate depth to groundwater and a list of water wells within one half mile of the facility.

(k) General permits may be written to require the operator to monitor the water quality of the injected fluid and to submit the information to the department. Existing facilities under this section may be required to monitor injectate quality on a one time basis, on a quarterly basis, a semi-annual basis or annual basis depending on the ability of the facility to cause adverse environmental damage or affect human health.

(l) General permits for Class 5C5 coal bed methane injection facilities shall require that:

  • (i) Each operator provide background information showing that the class of use under Chapter 8 for each injection zone will not be violated by the injection of coal bed methane produced water;
  • (ii) A valid pressure falloff curve be recorded for each well within one (1) year of the start of injection into that well; and
  • (iii) The pressure of injection be continuously recorded and that the pressure of injection be limited to no more than the fracture pressure of the receiving formation. This requirement can be met by assuming that the fracture gradient of the receiver is .70 psi/foot of depth and using the depth of the topmost perforation in making the calculation.

020-16 Wyo. Code R. § 16-7