Section 23-9 - Delegation of Review Authority to Counties (a) Pursuant to W.S. 18-5-306(c), to the extent requested by a county government, the administrator of the Water Quality Division, with the approval of the director of the Department of Environmental Quality, shall delegate authority to the county to: - (i) Review and approve any reports or studies required by this chapter and directed at determining the safety and adequacy of the proposed sewage or water supply system contained as part of a subdivision application;
- (ii) Review and approve enhanced treatment systems, in accordance with Section 5, Chapter 11 of Wyoming Water Quality Rules and Regulations, that will meet or exceed the applicable standards within this chapter;
- (iii) Issue construction permits as required by W.S. W.S. W.S. 35-11-301(a) (iii), and;
- (iv) Issue operating permits as authorized by W.S. W.S. 35-11-301(a) (iii).
(b) Any authority delegated under this section shall be subject to the following conditions: - (i) The county entity shall demonstrate to the administrator of the Water Quality Division that all sewage or water supply systems will be reviewed by a qualified professional with expertise in surface and groundwater protection from pollution and safe and adequate water supply systems;
- (ii) The county entity shall demonstrate that the review of water supply and sewage systems will be in a manner as stringent as the Department of Environmental Quality would require under this section;
- (iii) The review of subdivisions with a proposed sewage system consisting of wastes requiring an underground injection control permit under Department of Environmental Quality regulations or sewage systems with a proposed surface water discharge shall not be delegated to the county; and
- (iv) The administrator shall periodically review the administrative programs of each county governmental entity receiving a delegation of authority under this section and may, with the consent of the director, revoke or temporarily suspend the delegation agreement entered into with any entity which has failed to perform its delegated duties or has otherwise violated the terms of its agreement of delegation.
(c) To ensure consistent application of this rule, delegation agreements shall include an identification of methods and reporting for oversight of the county's delegated authority.
020-23 Wyo. Code R. § 23-9