The types of Class V facilities listed in this section represent minimal threats to pollute groundwater. The referenced facilities which meet the requirements of this section are permitted by rule. A permit by rule requires the owner or operator to submit information contained in this section before construction, installation or modification of a facility and to meet the performance standards contained in this section and in Section 10 of this Chapter. No facility shall be located within a state approved local wellhead protection area, state approved source water protection area or a state approved water quality management area which is in conflict with any of those plans.
(a) A facility permitted by rule under this section shall meet the following conditions: - (i) In addition to the information listed in Section 6(c) (i), (ii) and (iii) of this chapter, the operator shall submit the following inventory information to the department prior to construction for facilities constructed after the effective date of these regulations and within one (1) year of the effective date of these regulations for existing facilities: (Facilities which are already registered with the Underground Injection Control Program, or which were issued a permit under Chapters 3, 9 or 16, need not send a new registration, but may be asked for updated information from time to time.)
- (A) The location of the facility, either a complete legal description or latitude and longitude preferably within a (ten) 10 meter accuracy;
- (B) Type and general description of the quality of the injected fluid;
- (C) The disposal capacity of the facility in gallons per day;
- (D) Depth of injection zone; and
- (E) Whether or not the facility is operating, temporarily abandoned, or permanently abandoned.
- (ii) The facility shall be designed, constructed and operated to protect groundwater standards contained in Chapter 8, Water Quality Rules and Regulations and performance standards found in this section and in Section 10 of this chapter;
- (iii) Chemical, bacteriological, radiological additives, hazardous substances or toxic substances additives shall not be mixed in the injected fluid at any time during use of the water, prior to injection or during injection; and
- (iv) Any violation of the requirements of these regulations by a Class V facility operator permitted by rule shall be reported to the department by telephone within twenty-four (24) hours of the time when the operator becomes aware of the violation. A written report shall be filed by the operator with the department within seven (7) days detailing steps which have been taken and will be taken to eliminate the violation.
(b) All facilities, referenced in this section, which do not meet the requirements of subsection (a) shall obtain an individual permit under this chapter. For facilities constructed or modified after the effective date of these regulations requiring an individual permit, the owner or operator shall obtain the permit prior to any construction.
(c) The following classes of facilities are permitted by rule under this section: - (i) 5B2 facilities, except any facility which injects wastewater or contains polluted groundwater or surface water in concentrations above the receiver use standards contained in Chapter 8, Water Quality Rules and Regulations;
- (ii) After the effective date of these regulations, coal bed methane operators cannot be covered by 5B2 aquifer recharge rule authorizations. All coal bed methane disposal systems must be covered by a general permit or an individual permit under this chapter if they inject into a USDW, or a Class II permit issued by the Wyoming Oil and Gas Conservation Commission if they inject into a Class VI aquifer;
- (iii) 5B4 facilities, provided that the water injected will not cause a groundwater standards violation under Chapter 8, Water Quality Rules and Regulations;
- (iv) 5B6 and 5B7 facilities;
- (v) 5D5 facilities, except those facilities receiving water polluted above the receiving groundwater class of use standards contained in Chapter 8, Water Quality Rules and Regulations and facilities injecting swimming pool wastes into a Class I groundwater;
- (vi) 5E3 facilities which were originally permitted under a small wastewater system permit issued by the Department of Environmental Quality or a local government delegated the authority to issue small wastewater system permits, located within any five (5) acres of land where the cumulative maximum peak daily wastewater flow injected from other small wastewater system permitted facilities under the same ownership would exceed 2,000 gallons per day; and
- (vii) 5F1 facilities, provided that information contained in Section 10(m) of this chapter is submitted.
(d) A permit by rule where the operator has provided the necessary information shall be valid until the facility is properly closed pursuant to these regulations or until a permit has been issued or denied under this chapter.
(e) The administrator may request information from the owner or operator of a well or facility permitted by rule to determine whether the facility may be causing a violation of groundwater use standards in Chapter 8, Water Quality Rules and Regulations, the construction standards found in this chapter and in Chapter 11, Water Quality Rules and Regulations, or any other requirements of this chapter. Such information may include, but is not limited to: - (i) Analysis of injected fluids and periodic submission of reports of such monitoring;
- (ii) Groundwater monitoring and periodic submission of reports of such monitoring;
- (iii) Description of receiving strata; and
- (iv) Well locations and down gradient use of groundwater.
(f) Any request for information under this section shall be made in writing and include a brief statement of the reasons for requesting the information. An owner or operator shall submit the information within the time frames provided in the request for information.
(g) The administrator may require any operator permitted by rule to obtain an individual permit for the facility when a review of the information submitted under Section 8(e) of this chapter indicates that the permit by rule would not be protective of groundwater in that specific case.
020-16 Wyo. Code R. § 16-8