020-2 Wyo. Code R. § 2-5
The following process shall be used in the application for, development of, and issuance of effluent permits, except for storm water permits which are addressed under Sections 4 and 6 of these regulations.
(a) Application for individual permits. Completed application forms shall be submitted to the department for permits for new facilities, modifications to existing permits, and permit renewals.
(b) Processing procedures applicable to all individual permit applications.
(c) Terms and conditions of permits. All issued permits will contain, as a minimum, authorization for discharge subject to the conditions of the permit, effluent limitations, standards of performance for any new source, standard conditions, special conditions (when applicable), monitoring requirements where discharge is allowed, and reporting requirements that comply with these regulations.
The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions.
- (i) Standard conditions. All issued permits shall contain standard conditions consisting of, but not limited to, the following:
- (A) The permittee must comply with all conditions of the permit. Any noncompliance is a violation of the CWA and the Wyoming Environmental Quality Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit reissuance or extension of authorization.
- (B) Any planned sewerage system, treatment works, or disposal system expansions, production increases, process modifications, or new source additions which will result in a new or increased discharge or the inclusion of additional criteria for a new source shall be reported by submission of an application or, if such discharge will not violate effluent limitations specified in the permit, by submission to the administrator of notification of such new or increased discharge.
- (C) The discharge of pollution and/or wastes into surface waters of the state more frequently than, or at a level in excess of, that identified and authorized by a permit shall constitute a violation of the conditions of the permit.
- (D) After notice and opportunity for a hearing, a permit may be modified, in whole or in part, revoked and reissued, or terminated during its term. The filing of a request by the permittee for a modification, revocation, reissuance, termination, or notification of planned changes or anticipated noncompliance does not halt any permit condition. Cause for such permit actions, include, but are not limited to, any of the following:
- (I) Violation of any conditions of the permit;
- (II) Obtaining a permit by misrepresentations or failure to fully disclose all relevant facts;
- (III) A change in any condition that requires either a temporary or permanent reduction or elimination of the discharge; and
- (IV) A failure or refusal by the permittee to comply with the monitoring and reporting requirements of a permit and Sections 35-11-109(a) (iv) and 35-11-110(a) (vii) Wyoming Statutes.
- (E) A permit may be modified in whole or in part during its term in order to apply any more stringent toxic effluent standard or prohibition, for a toxic substance present in the permittee's discharge, that is promulgated by the Administrator of the EPA.
- (F) A requirement that the permittee allow the administrator or his authorized representative upon presentation of his credentials to:
- (I) Enter the premises where a permittee's regulated facility or activity is located or conducted or where records must be kept under the conditions of the permit;
- (II) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by these rules, the Wyoming Environmental Quality Act or the CWA, any substances or parameters at any location;
- (III) Have access to and copy, at reasonable times, any records required by the permit to be kept;
- (IV) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and
- (V) Take any other action authorized by 35-11-109(a) (v), (vi) and (vii) Wyoming Statutes, or these regulations.
- (G) A requirement that, if requested by the administrator or the administrator's authorized agent, the permittee shall provide access to physical locations associated with this permit including, but not limited to, well heads, discharge points, reservoirs, monitoring locations, and any waters of the state associated with the permit at the point of discharge.
- (H) A requirement that, if the permittee wishes to continue an activity regulated by a permit after the expiration date of the perit, the permittee must apply for and obtain a new permit in accordance with Section 10 of these regulations, unless an extension is granted under Section 11 of these regulations.
- (I) It is not a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of a permit.
- (J) The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.
- (K) The permit does not convey any property rights of any sort, or any exclusive privilege.
- (L) A requirement that the permittee shall furnish to the administrator, within a reasonable time, any information which the administrator or his authorized representative may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit.
- (M) A requirement that the permittee shall furnish to the administrator or his authorized representative, copies of records required to be kept by the permit.
- (N) The permittee must properly operate and maintain all equipment and treatment systems used by the permittee to achieve compliance with the terms of the permit. The permittee must provide appropriate laboratory controls and quality assurance procedures, where applicable. Backup systems are required when needed to ensure compliance. However, each main line unit treatment process must be operated as a minimum.
- (O) To assure compliance with permit limitations, the permittee shall monitor:
- (I) The mass (or other measurement specified in the permit) for each pollutant limited in the permit.
- (II) The volume of effluent discharged from each outfall.
- (P) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. Records must be retained for three (3) years subject to extension by the director. Monitoring records shall include but are not limited to the following:
- (I) The date, location, and time of the sampling;
- (II) The dates and by whom analyses were performed;
- (III) Analytical techniques used;
- (IV) The results of such analyses;
- (V) Name of the person collecting the sample(s);
- (VI) Sampling handling and preservation conducted; and
- (VII) Detection limits for analyses conducted.
Wastewater measurements must be conducted in accordance with methods and procedures prescribed in 40 CFR Part 136 or other specified procedures.
- (Q) Pollutants for which the permittee must report violations of daily maximum discharge limitations under Section 5(c) (i) (W) (24-hour reporting) shall be listed in the permit. This list shall include any toxic pollutant or hazardous substance, or any pollutant specifically identified as the method to monitor a toxic pollutant or hazardous substance.
- (R) Applications, reports, or information submitted to the administrator must be signed and certified. Knowingly making false statements, representations, or certifications is a violation of the permit, Wyoming Water Quality Rules and Regulations Chapter 2 and the Wyoming Environmental Quality Act and is subject to enforcement.
- (S) The permittee shall give advance notification to the administrator of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.
- (T) The permit is not transferrable except after written notification is provided to the administrator and such request is approved by the administrator. The administrator may require modification, or revocation and reissuance, as necessary.
- (U) Monitoring reports must be submitted on a discharge monitoring report form provided by the department or on a form with an identical format as the form provided by the department, with prior approval by the administrator. Monitoring results shall be reported to the department at the intervals specified in the permit. If monitoring is conducted at a frequency greater than that required by the permit, the results of the additional monitoring must be reported. In reporting effluent limits based on average concentrations, the permittee must report the results using an arithmetic mean, except for fecal coliform. Average results for fecal coliform monitoring shall be reported as a geometric mean.
- (V) Reporting of compliance or noncompliance with specified dates contained in a compliance schedule of the permit shall be submitted to the administrator no later than 14 days following each scheduled date.
- (W) For any noncompliance which may endanger human health or the environment, an oral notification must be made by the permittee to the administrator within 24-hours of the permittee becoming aware of the noncompliance. Within five (5) days, the permittee must provide a written notification of the noncompliance which describes the noncompliance and its cause; the period and duration of noncompliance including exact dates and times; and, if the noncompliance has not been corrected, the anticipated time it is expected to continue and steps planned or taken to reduce, eliminate, and prevent recurrences of the noncompliance. Circumstances that must be reported within 24-hours of becoming aware of the noncompliance include, but are not limit ed to, any unanticipated bypass or upset which exceeds any effluent limit in the permit; or violation of a daily maximum discharge limitation for any of the pollutants listed by the administrator in the permit to be reported within 24-hours of becoming aware of the noncompliance.
- (X) For noncompliance other than as reported in (S),(V), and (W) above, the permittee shall report all instances at the time monitoring reports are submitted. The reports shall contain the information listed in (W) above.
- (Y) Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the administrator, it shall promptly submit such facts or information.
- (Z) The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it is for essential maintenance to assure efficient operation. If the permittee knows in advance of the need for a bypass, it shall submit prior notification, if possible at least ten (10) days before the date of the bypass. If an unanticipated bypass occurs, notice shall be provided in accordance with (W) above. Bypass is prohibited except in instances where it is necessary to prevent loss of life, personal injury or severe property damage; or where there are no feasible alternatives to bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. The condition of no feasible alternative is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance. The administrator may approve an anticipated bypass, after receiving notification, if the conditions for the allowance of bypass as described in this paragraph have been met.
- (AA) An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the permittee can demonstrate that: an upset occurred and that the permittee can identify the cause(s) of the upset; the permitted facility was, at the time of the upset, being properly operated; the permittee submitted notice of the upset as required in (W) above; In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof.
- (BB) A reopener clause which states that additional or more stringent permit requirements may be imposed, after following the procedures outlined in this regulation for permit modifications, if any of the following conditions is found to be present:
- (I) The water quality standards of the receiving water(s) to which the permittee discharges are modified in such a manner as to require effluent limits different than those contained in the permit;
- (II) A TMDL or watershed management plan is developed and approved by the department which calls for different effluent limitations than those contained in the permit;
- (III) A TMDL or watershed management plan is revised and approved by the department which calls for different effluent limitations than those contained in the permit;
- (IV) The use(s) of the receiving surface water of the state is impaired and the permitted facility is contributing to the impairment;
- (V) Water quality standards in the receiving surface waters of the state are no longer achieved as a result of the discharge and the effluent limitations established by the permit are being met;
- (VI) The effluent limitations in the permit do not address a pollutant that has the potential to cause or contribute to a violation of a water quality standard;
- (VII) Applicable technology based effluent limits are promulgated which are more stringent than those imposed by the permit; or
- (VIII) An interstate compact or agreement on potential receiving waters is established.
- (CC) A reopener provision for toxicity limitations which states that additional or more stringent permit requirements, a new compliance schedule, revisions to compliance dates set forth in the permit, changes to the whole effluent toxicity protocol, or any other conditions related to the control of toxicants may be imposed, following the procedures outlined in this regulation for permit modifications, if one or more of the following events occurs:
- (I) Effluent toxicity was detected late in the life of the permit near or past the deadline for compliance;
- (II) The results of a toxicity reduction evaluation indicate that compliance with the toxic limitations contained in the permit will require an implementation schedule past the date for compliance and the department agrees with the conclusion;
- (III) The results of a toxicity reduction evaluation indicate that the toxicant(s) represent pollutant(s) that may be controlled with specific numeric effluent limitations and the department agrees that numeric controls are the mo st appropriate approach to controlling toxicity;
- (IV) Following the imp lementation of numeric controls for a toxicant, the department agrees that a modified whole effluent toxicity protocol is necessary to compensate for those toxicants that are controlled numerically;
- (V) Other conditions or characteristics are identified through a toxicity reduction evaluation which justifies the incorporation of special conditions in the permit to address effluent toxicity.
- (DD) For permits which do no t require the submittal of monitoring result reports at least annually, the permittee shall report all instances of non-compliance not reported under the Section 5(c) (i) (B), (P), (U), (V) or (W) at least annually.
- (ii) Special conditions. In addition to conditions required in all permits, the administrator shall establish conditions, as required on a case-by-case basis, to provide for and assure compliance with all applicable requirements of the CWA, the Wyoming Environmental Quality Act, and applicable Wyoming Water Quality Rules and Regulations which have taken effect prior to final administrative disposition of the permit. Such conditions may include but are not limited to the following.
- (A) Toxic effluent standards which, as a minimum, comply with those established under the CWA and may be modified in accordance with Section 5(c) (i) (E), (BB) and (CC) and Section 12.
- (B) Additional limitation(s) that may be required in order for the permittee to meet state water quality and treatment standards, implement TMDL requirements, achieve compliance with a plan approved pursuant to Section 208(b) of the CWA, or attain or maintain a specified water quality through water quality related effluent limits established under Section 302 of the CWA.
- (C) Any other requirements, including but not limited to monitoring points of compliance, water quality monitoring stations, flow monitoring stations and irrigation compliance points, that the administrator determines are necessary to carry out the provisions of W.S. W.S. W.S. 35-11-302 et seq. and to insure that water quality standards are met and waste load allocations prepared when required by the CWA.
- (D) Where a compliance schedule is required in order to achieve any of the conditions described in Section 5(c) (ii) (A), (B), or (C) above or to achieve compliance with an effluent limitation established as set forth in Section 5(c) (iii), the following specific requirements will be met.
- (I) Such schedule will, as a minimum, conform to any legally applicable schedule contained in any applicable effluent standard or water quality standard promulgated under federal or state authority. In the absence of any such legally applicable schedule, the administrator and permittee shall comply in the shortest reasonable period of time.
- (II) In any case where the period of time for compliance exceeds nine (9) months, the schedule of compliance specified in the permit will set forth interim requirements and the dates for their achievement. In no event shall more than nine (9) months elapse between interim dates. To the extent practicable, the interim and final dates shall fall on the last day of the months of March, June, September, and December.
- (III) The permittee will provide the administrator with written notice of the permittee's compliance or non-compliance with each interim and final date either before, or within 14 days after, such compliance date is reached.
- (IV) If the permittee fails or refuses to comply with an interim or final requirement in a permit, such non-compliance shall constitute a violation of the permit, and the administrator may modify or revoke the permit to take direct enforcement action.
- (V) Upon request of the permittee, the administrator may revise or modify a schedule of compliance for good and valid cause (such as an act of God, strike, flood, material shortage, or other event over which the permittee has little or no control).
- (VI) On the last day of the month of February, May, August and November, the administrator shall transmit to the Regional Administrator of the EPA, a lis t of all instances, as of 30 days prior to the date of such report, of failure or refusal of a permittee to comply with an interim or final compliance requirement. Such list shall be available to the public for inspection and copying and include:
- (1.) The name and address of non-complying permittee;
- (2.) A short description of each instance of non-compliance;
- (3.) Short description of any action proposed by the permittee or the administrator to achieve compliance; and
- (4.) Any details that tend to explain or mitigate the non-compliance.
- (E) Alternative schedules of compliance. A WYPDES permit applicant or permittee may cease conducting regulated activities (by terminating direct discharge for WYPDES sources) rather than continuing to operate and meet permit requirements as follows:
- (I) If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued:
- (1.) The permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or
- (2.) The permittee shall cease conducting permitted activities before non-compliance with any interim or final compliance schedule requirement already specified in the permit.
- (II) If the decision to cease conducting regulated activities is made before issuance of a permit whose term will include the termination date, the permit shall contain a schedule leading to termination which will ensure timely compliance with applicable requirements no later than the statutory deadline.
- (III) If the permittee is undecided whether to cease conducting regulated activities, the director may issue or modify a permit to contain two schedules as follows:
- (1.) Both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date which ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities;
- (2.) One schedule sha ll lead to timely compliance with applicable requirements, no later than the statutory deadline;
- (3.) The second schedule shall lead to cessation of regulated activities by a date which will ensure timely compliance with applicable requirements no later than the statutory deadline.
- (4.) Each permit containing two schedules shall include a requirement that after the permittee has made a final decision under Section 5(c) (ii) (E) (III) the permittee shall follow the schedule leading to compliance if the decision is to continue conducting regulated activities, and follow the schedule leading to termination if the decision is to cease conducting regulated activities.
- (I) If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued:
- (F) Best management practices. Best management practices to control or abate the discharge of pollutants when:
- (I) Authorized under Section 304(e) of the CWA for the control of toxic pollutants and hazardous substances from ancillary industrial activities;
- (II) Numeric effluent limitations are infeasible; or
- (III) The practices are reasonably necessary to achieve effluent limitations and standards or to carry out the purposes and intent of these regulations.
- (G) Grants. Any conditions imposed in federal grants to POTWs under Sections 201 and 204 of the CWA which are reasonably necessary for the achievement of effluent limitations required in accordance with these regulations.
- (iii) Effluent limitations. Effluent limitations shall be determined for all permits based on the following considerations.
- (A) Technology-based effluent limitations. Technology-based effluent limits shall be determined in accordance with 40 CFR 122.44(a), 40 CFR 122.50, 40 CFR 125, Subpart A, I and J and, for categorical industries adopted by EPA, 40 CFR Parts 405 through 411, 413 through 433, 436, 437, 439, 440, 442 through, 447, 454, 455, 457 through 461, 463 through 469, and 471.
- (B) In addition to the technology-based effluent limitations described in Section 5(c) (iii) (A), technology-based effluent limits shall be determined as follows:
- (I) For discharges from new and existing POTWs as described in Appendix E.
- (II) For CAFO point sources as described in Appendix G.
- (III) For discharges from oil and gas production facilities as described in Appendix H.
- (IV) For discharges from coal mines as described in Appendix J.
- (V) For discharges containing toxic pollutants as described in Appendix N.
- (C) Water quality based effluent limitations. For facilities where discharge to surface waters of the state is not prohibited subject to the provisions of technology based effluent limitations as determined in Section 5(c) (iii) (A) and (B), water quality-based effluent limits shall be determined when requirements in addition to, or more stringent, than technology based effluent limitations are necessary to ensure that violations of water quality standards do not occur. Such effluent limitations shall be determined based on standards adopted pursuant to Wyoming Water Quality Rules and Regulations, Chapter 1 and the applicable provisions of Wyoming Water Quality Rules and Regulations, Chapter 6.
- (I) Water quality based effluent limitations shall be established for constituents in dis charges determined to have a reasonable potential of adversely impacting uses of surface waters of the state or of causing violations of water quality standards. When making reasonable potential determinations, the administrator shall consider the following:
- (1.) Existing controls on point and non-point sources of pollution;
- (2.) The variability of the pollutant or pollutant parameter in the effluent;
- (3.) For evaluating whole effluent toxicity, the sensitivity of the species to toxicity testing; and
- (4.) Where appropriate, the dilution of the effluent in the receiving water.
- (5.) Applicable designated uses and water quality standards.
- (II) Where numeric criteria are promulgated for the receiving surface waters of the state, the administrator will determine, using the most stringent numeric standard appropriate to the receiving surface waters of the state, water quality based effluent limitations based on one of the following methods:
- (1.) Effluent limitations described in Section 5(c) (iii) (C) (II) (2.) and (3.) shall be established only after having taken into account the following requirements of Wyoming Water Quality Rules and Regulations, Chapter 1:
- a. Mixing zones; and
- b. Antidegradation
- (2.) Where loading limitations can be instituted on the receiving surface waters of the state through the implementation of limitations on effluent volumes and concentrations for discharges to the receiving surface waters of the state, effluent limitations shall be determined based on mass balance calculations where dilution by water in the receiving surface waters of the state is considered.
- (3.) Where the administrator determines that it is impractical to establish limitations on effluent volumes for discharges to receiving surface waters of the state, concentration-based effluent limitations shall be established. In no case shall a concentration-based effluent limitation be established which exceeds the most stringent of the numeric water quality standards established to protect the designated uses of the receiving surface waters of the state.
- (1.) Effluent limitations described in Section 5(c) (iii) (C) (II) (2.) and (3.) shall be established only after having taken into account the following requirements of Wyoming Water Quality Rules and Regulations, Chapter 1:
- (III) Where an evaluation for reasonable potential indicates limitations based on narrative water quality standards promulgated under Wyoming Water Quality Rules and Regulations, Chapter 1, effluent limitations addressing the limitations of the narrative standards will be included in the permit.
- (IV) Where the administrator determines that an effluent constituent has the reasonable potential to adversely impact a designated use of receiving surface waters of the state and no numeric standard has been promulgated in Wyoming Water Quality Rules and Regulations, Chapter 1 for the constituent, the administrator may establish a numeric effluent limitation based on values derived from appropriate scientific methods.
- (I) Water quality based effluent limitations shall be established for constituents in dis charges determined to have a reasonable potential of adversely impacting uses of surface waters of the state or of causing violations of water quality standards. When making reasonable potential determinations, the administrator shall consider the following:
- (D) In the case of POTWs, permit effluent limitations, standards, or prohibitions shall be calculated based on design flow.
- (E) Except in the case of POTWs or as provided in Section 5(c) (i) (E), calculation of any permit limitations, standards, or prohibitions which are based on production (or other measure of operation) shall be based not upon the designed production capacity but rather upon a reasonable measure of actual production of the facility. For new sources or new dischargers, actual production shall be estimated using projected production. The time period of the measure of production shall correspond to the time period of the calculated permit limitatio ns; for example, monthly production shall be used to calculate average monthly discharge limitations.
- (F) All permit effluent limitations, standards, or prohibitions for a metal shall be expressed in terms of "total recoverable metal" as defined in 40 CFR Part 136 unless;
- (I) The applicable water quality standard described in Wyoming Water Quality Rules and Regulations, Chapter 1 is based on the dissolved form;
- (II) An applicable effluent standard or limitation has been promulgated under these regulations and specifies the limitation for the metal in the dissolved or valenti or total form;
- (III) In establishing permit limitations on a case-by-case basis under Section 5(c) (iii) of these regulations it is necessary to express the limitation on the metal in the dissolved or valenti or total form to carry out the provisions of these regulations; or
- (IV) All approved analytical methods for the metal inherently measure only its dissolved form (e.g., hexavalent chromium).
- (G) For continuous discharges (discharges that occur without interruption throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities) all permit effluent limitations, standards, and prohibitions, including those necessary to achieve water quality standards, shall unless impracticable be stated as:
- (I) Daily maximum and average monthly discharge limitations for all dischargers other than POTWs; and
- (II) Average weekly and average monthly discharge limitations for POTWs.
- (H) Discharges which are not continuous shall be particularly described and limited, considering the following factors as appropriate:
- (I) Frequency (for example, a batch discharge shall not occur more than once every three (3) weeks);
- (II) Total mass (for example, no t to exceed 100 kilograms of zinc and 200 kilograms of chromium per batch discharge);
- (III) Maximum rate of discharge of pollutants during the discharge (for example, not to exceed two (2) kilograms of zinc per minute); and
- (IV) Prohibition or limitation of specified pollutants by mass, concentration or other appropriate measure (for example, shall not contain at any time more than 0.1 mg/l zinc or more than 250 grams (1/4 kilogram) of zinc in any discharge).
- (I) Mass limitations.
- (I) All pollutants limited in permits shall have limitations, standards or prohibitions expressed in terms of mass except:
- (1.) For pH, temperature, radiation, or other pollutants which cannot appropriately be expressed by mass;
- (2.) When applicable standards and limitations are expressed in terms of other units of measurement; or
- (3.) If an applicable effluent standard or limitation has been promulgated under these regulations and limitations expressed in terms of mass are infeasible because the mass of the pollutant discharged cannot be related to a measure of operation (for example, discharges of total suspended solids [TSS] from certain mining operations), and permit conditions ensure that dilution will not be used as a substitute for treatment.
- (II) Pollutants limited in terms of mass additionally may be limit ed in terms of other units of measurement, and the permit shall require the permittee to comply with both limitations.
- (I) All pollutants limited in permits shall have limitations, standards or prohibitions expressed in terms of mass except:
- (J) Pollutants in intake water.
- (I) Credit shall be granted only if the discharger demonstrates that the intake water is drawn from the same body of water into which the discharge is made.
- (II) Upon request of the discharger, technology-based effluent limitations or standards shall be adjusted to reflect credit for pollutants in the discharger's intake water if:
- (1.) The applicable effluent limitations and standards contained in Section 5(c) (iii) of these regulations provide that they shall be applied on a net basis; or
- (2.) The discharger demonstrates that the control system it proposes or uses to meet applicable technology-based limitations and standards would, if properly installed and operated, meet the limitations and standards in the absence of pollutants in the intake waters.
- (III) Credit for generic pollutants such as biochemical oxygen demand (BOD5) or TSS shall not be granted unless the permittee demonstrates that the constituents of the generic measure in the effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process wastewater pollutants either at the outfall or elsewhere.
- (IV) Credit shall be granted only to the extent necessary to meet the applicable limitation or standard, up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits and compliance with permit limits.
- (K) Internal waste streams.
- (I) When permit effluent limitations or standards imposed at the point of discharge are impractical or infeasible, effluent limitations or standards for discharges or pollutants may be imposed on internal waste streams before mixing wit h other waste streams or cooling water streams. In those instances, the monitoring required by Section 5(c) or other applicable provisions of these regulations shall also be applied to the internal waste streams.
- (II) Limits on internal waste streams will be imposed only when the fact sheet sets forth the exceptional circumstances which make such limitations necessary, such as when the final discharge point is inaccessible (for example, under ten [10] meters of water), the wastes at the point of discharge are so diluted as to make monitoring impracticable, or the interferences among pollutants at the point of discharge would make detection or analysis impracticable.
- (L) After making the considerations described in Section 5(c) (iii) (A), (B) and (C), the administrator shall establish in the draft permit the most stringent of the effluent limitations of those derived.
- (M) Effluent limitations cannot be incorporated into modified or reissued permits which violate anti-backsliding provisions of Section 402(o) of the CWA.
- (N) If any applicable toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is promulgated under W.S. W.S. 35-11-302 or Wyoming Water Quality Rules and Regulations, Chapters 1 and 2 for a toxic pollutant and that standard or prohibition is more stringent than any limitation on the pollutant in the permit, the director shall institute proceedings under these regulations to modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition.
- (O) When the department determines, using the procedures in Section 5(c) (iii) (C) (I) and (ll), that a discharge causes, has the reasonable potential to cause, or contributes to an in-stream excursion above the numeric standard for whole effluent toxicity, if any such criterion has been adopted, the permit must contain effluent limits for whole effluent toxicity.
- (P) Except as provided in this subparagraph, when the department determines, using the procedures in Section 5(c) (iii) (C), toxicity testing data, or other information, that a discharge causes, has the reasonable potential to cause, or contributes to an in-stream violation of a narrative water quality standard, the permit shall contain limitations, which include effluent limits, for whole effluent toxicity. Such limitations are to be derived by the department and based upon the department's determination of what constitutes an acceptable level of whole effluent toxicity. Limits on whole effluent toxicity are not necessary where the department determines, using the procedures in Section 5(c) (iii) (C), that chemical-specific limits for the effluent are sufficient to attain and maintain applicable numeric and narrative water quality standards.
- (Q) Unless otherwise stated in the permit, effluent limitations shall be met at the outfall from the final treatment unit prior to admixture with water in the receiving surface waters of the state or with effluent from other outfalls.
- (iv) Application of standards.
- (A) In the application of those standards described in Section 5(c) (ii) (B) and (C), and Section 5(c) (iii), the administrator shall specify:
- (I) The daily average and maximum quantitative limitations for the level of allowable pollution and/or waste in an authorized discharge in terms of weight, where applicable;
- (II) The basis for calculation of effluent limitations;
- (III) Self-monitoring, reporting, and recording requirements for each authorized discharge as promulgated in Section 5(c) (v).
- (B) The owner of a publicly owned treatment works shall require any industrial user of such works to comply with the following:
- (I) Any system of user charges instituted by the owner (permittee) shall insure that each recipient of waste treatment services will pay its proportionate share of the costs of the operation and maintenance of the publicly owned treatment works;
- (II) Any toxic or pretreatment standards established under Sections 5(c) (ii) (A) and 5(c) (iii) (O) and (P) of these regulations and any schedule required to achieve compliance with those standards; and
- (III) Shall allow the permittee and the administrator or his designated representative the same rights of entry, inspection, sampling, and copying provided for in Section 5(c) (i) (F).
- (A) In the application of those standards described in Section 5(c) (ii) (B) and (C), and Section 5(c) (iii), the administrator shall specify:
- (v) Monitoring, recording, and reporting.
- (A) All permits shall specify required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring. Monitoring results required by the permit shall be reported on a discharge monitoring report (DMR) or other forms provided or specified by the division.
- (B) Any discharge authorized by a permit shall be subject to such monitoring requirements as may be required by the administrator including the installation, use, and maintenance of monitoring equipment.
- (C) Any major facility authorized by a permit, or for which monitoring is requested in writing by the Regional Administrator of the EPA, or which contains toxic pollutants for which an effluent standard has been promulgated pursuant to these regulations, shall be monitored at intervals sufficiently frequent to characterize the discharge, for the following:
- (I) Flow;
- (II) All of the following pollutants:
- (1.) Pollutants which are subject to reduction or elimination by the terms of the permit;
- (2.) Pollutants which the administrator finds could have an impact on the surface waters of the state;
- (3.) Pollutants specified by the Administrator of the EPA as subject to monitoring; and
- (4.) Any pollutants, in addition to those above, that the Regional Administrator of the EPA requests in writing be monitored.
- (D) The permittee shall maintain records of all information resulting from monitoring activities required by his permit for a period of three (3) years, or for a longer period if so requested by the administrator, or Regional Administrator of the EPA. Such records shall include, but are not limited to, the following:
- (I) The date, location, and time of the sampling;
- (II) The dates and by whom analyses were performed;
- (III) Analytical techniques used;
- (IV) The results of such analyses;
- (V) Name of the person collecting the sample(s);
- (VI) Sampling handling and preservation conducted; and
- (VII) Detection limits for analyses conducted.
- (E) Unless otherwise approved by the administrator, the permittee shall be required to periodically report, at a frequency of not less than once per year, to the administrator, on the proper forms, the results of any monitoring required by the permit. In addition, the administrator may require the submission of such additional monitoring information he may consider necessary. Where applicable, the procedures specified will be consistent with any national program specified by the Administrator of the EPA in regulations promulgated under the CWA.
- (F) All reports required by permits and other information requested by the administrator shall be signed and certified as described in Section 14 of these regulations.
- (G) Sample collection and analyses shall be conducted in accordance with 40 CFR 136, unless otherwise specified in these regulations.
- (H) Any person falsifying, tampering with, or knowingly rendering inaccurate any monitoring device or method required to be maintained under this permit is a violation of the permit, these regulations and the Wyoming Environmental Quality Act.
020-2 Wyo. Code R. § 2-5