(a) Discharges required to be permitted. All discharges into surface waters of the state as defined in (i), (ii), (iii) and (iv) below shall be permitted as described in these regulations. - (i) All effluent discharges not described in (ii), (iii) and (iv) below;
- (ii) All storm water discharges from industrial, construction, and municipal facilities as described in Section 6 of these regulations;
- (iii) Point source discharges of dredged or fill material into isolated wetlands which are:
- (A) Not subject to regulation by the Army Corps of Engineers under Section 404 of the CWA; or,
- (B) Not subject to a permit or authorization from the Wyoming Department of Environment Quality, Land Quality Division for mining activities.
- (iv) Silvicultural point sources, as defined in Section 3(b) (lxxxv), are point sources subject to the applicable provisions of these regulations.
(b) Exclusions. The following discharges do not require WYPDES permits: - (i) Discharges of dredged or fill material into waters of the United States which are regulated under Section 404 of the CWA.
- (ii) The introduction of sewage, industrial wastes or other pollutants into publicly owned treatment works by indirect dischargers.
- (iii) Any discharge in compliance with the instructions of an On-Scene Coordinator pursuant to 40 CFR 300 (The National Oil and Hazardous Substances Pollution Contingency Plan) or 33 CFR 153.10(e) (Pollution by Oil and Hazardous Substances).
- (iv) Any introduction of pollutants from non-point source agricultural and silvicultural activities.
- (v) Return flows from irrigated agriculture.
- (vi) Discharges into privately owned treatment works.
- (vii) Discharges of dredge or fill material
- (A) from normal farming, silviculture, and ranching activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices;
- (B) for the purpose of maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levees, groins, riprap, headwaters, causeways, and bridge abutments or approaches, and transportation structures;
- (C) for the purpose of construction or maintenance of farm or stock ponds or irrigation ditches, or the maintenance of drainage ditches;
- (D) for the purposes of construction of temporary sedimentation basins on a construction site which does not include placement of fill material into surface waters of the state;
- (E) for the purpose of construction or maintenance of farm roads or forest roads, or temporary roads for moving mining equipment, where such roads are constructed and maintained, in accordance with best management practices, to assure that flow and circulation patterns and chemical and biological characteristics of surface waters of the state are not impaired, that the surface water of the state is not reduced, and that any adverse effect on the aquatic environment will be otherwise minimized;
- (F) resulting from any activity with respect to which is in accordance with the requirements of section 208(b) (4) (B) and (C) of the CWA.
(c) No conveyance of property rights or exclusive privilege. The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege. The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of state or local law or regulations. Except for any toxic effluent standards and prohibitions imposed under Section 307 of the CWA, compliance with a permit during its term constitutes compliance, for purposes of enforcement, with Sections 301, 302, 306, 307, 318, and 405(a) of the CWA.
(d) Interpretation of "waters of the United States". All references to the CWA where there is reference to the phrase "water(s) of the United States" shall be interpreted as "surface waters of the state" for purposes of this rule. This interpretation does not expand the CWA implementation authorities of federal agencies.