020-27 Wyo. Code R. § 27-2

Current through April 27, 2019
Section 27-2 - Definitions

The following definitions supplement those definitions contained in Section 35-11-103 of the Wyoming Environmental Quality Act.

(a) "Aquifer" means a zone, stratum or group of strata that can store and transmit water in sufficient quantities for a specific use.

(b) "Area of review" means the area for which information and analyses shall be submitted as part of an underground injection control permit application, and reviewed for issuance of a permit. The area of review must include all portions of an aquifer which will be affected in a measurable way within ten (10) years of the granting of a permit, assuming that the permit is complied with.

(c) "Background" means the constituents or parameters and the concentrations or measurements which describe water quality and water quality variability prior to the subsurface discharge.

(d) "Bore/casing annulus" means the space between the well bore and the well casing.

(e) "Casing/tubing annulus" means the space between the well casing and the tubing.

(f) "Cementing" means to seal the annular space around the outside of a casing string using a specially formulated Portland cement mixture or other hydraulic cement mixture to hold the casing in place and prevent any movement of fluid in this annular space. Cementing also includes operations to seal the well at the time of abandonment.

(g) "Cesspool" means a drywell that receives solely untreated domestic sewage, and which sometimes has an open bottom and/or perforated sides.

(h) "Class I well" means a well used to inject hazardous or non-hazardous industrial, commercial or municipal waste beneath the lowermost formation containing, within one- quarter (1/4) mile of the well bore, an underground source of drinking water.

(i) "Class II well" means a well regulated by the Wyoming Oil and Gas Conservation Commission, other than a Class II commercial disposal well, which injects fluids:

  • (i) Which are brought to the surface in connection with natural gas storage operations, or conventional oil or natural gas production. Non-hazardous gas plant wastes may be disposed of in a class II well pending Environmental Protection Agency co-approval.
  • (ii) For enhanced recovery of oil or natural gas.
  • (iii) For storage of hydrocarbons which are liquid at standard temperature and pressure.

(j) "Class III well" means a well used for in situ mining which injects for extraction of minerals, or products, or recovers recovery fluids, minerals or products, including a well used in:

  • (i) Mining of sulfur by the Frasch process.
  • (ii) In situ mining of uranium or other metals; this category includes in situ production from ore bodies that have not been conventionally mined by means of an open pit or underground excavation.
  • (iii) In situ mining of salts, trona, or potash.
  • (iv) Underground coal gasification operations.
  • (v) Solution mining of open pits or underground excavations used for the production of minerals, such as stopes leaching.
  • (vi) Fossil fuel recovery including coal, lignite, oil shale, and tar sands.
  • (vii) Experimental technologies, such as pilot scale in situ mining wells in previously unmined areas.

(k) "Class IV well" means a well used to dispose of hazardous waste or radioactive waste into or above a formation which contains, within one-quarter (1/4) mile of the well bore, an underground source of drinking water. Class IV wells are prohibited by this Chapter.

Except that a well is not class IV if it is used to inject contaminated groundwater that has been treated and reinjected into the same formation from which it is drawn for the purpose of aquifer remediation where the ultimate cleanup criteria is protective of groundwater standards of these regulations.

(l) "Class V facility" means any property which contains an injection well, drywell, or subsurface fluid distribution system which is not defined as a Class I, II, III, or IV well in this chapter. The Class V facility includes all systems of collection, treatment, and control which are associated with the subsurface disposal. Appendix C of this chapter contains a list of Class V facilities.

(m) "Cone of influence" means that area around a well within which increased discharge zone pressures caused by the injection would be sufficient to force fluids into an under- ground source of drinking water.

(n) "Confining zone" means the zone in the well designated in the permit application to provide hydrologic separation between the receiver and any underground source of drinking water.

(o) "Domestic sewage" means liquids or solid wastes obtained from humans and domestic activities including wastewater from activities such as showers, toilets, human wash basins, food preparation, clothes washing, and dishwashers.

(p) "Draft permit" means a document indicating the tentative decision by the department to issue or deny, modify, revoke and reissue, or terminate a permit. A notice of intent to terminate a permit and a notice of intent to deny a permit are types of draft permits. A denial of a request for modification, revocation and reissuance, or termination is not a draft permit. A draft permit for issuance shall contain all conditions and content, compliance schedules and monitoring requirements required by this chapter.

(q) "Drywell" means a well, other than an improved sinkhole or subsurface distribution system, completed above the water table so that its bottom and sides are typically dry, except when receiving fluids.

(r) "Duly authorized representative" means a specific individual or a position having responsibility for the overall operation of the regulated facility or activity. The authorization shall be made in writing by a responsible corporate officer and shall be submitted to the administrator.

(s) "Endangerment" means exposure to actions or activities which could pollute groundwaters of the State.

(t) "Fact sheet" means a document briefly setting forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. Fact sheets for Class I wells are incorporated into the public notice.

(u) "Fluid" means any material which flows or moves, whether semisolid, liquid, sludge, gas or any other form or state.

(v) "General permit" means a permit issued to a class of operators, all of which inject similar types of fluids for similar purposes. General permits require less information to be submitted by the applicant than individual permits and do not require public notice for a facility to be included under the authorization of a general permit.

(w) "Groundwater" means subsurface water that fills available openings in rock or soil materials such that they may be considered water saturated under hydrostatic pressure.

(x) "Groundwaters of the state" are all bodies of underground water which are wholly or partially within the boundaries of the state.

(y) "Hazardous waste" means a hazardous waste as defined in 40 CFR 261.3.

(z) "Improved sinkhole" means a naturally occurring karst depression which has been modified by man for the purpose of directing and emplacing fluids into the subsurface.

(aa) "Individual permit" means a permit issued for a specific facility operated by an individual operator, company, municipality, or agency. An individual permit may be established as an area permit and include multiple points of discharge that are all operated by the same person.

(bb) "Injectate" means the wastewater being disposed of through any underground injection facility after it has received whatever pretreatment is done.

(cc) "Lithology" means the description of rocks on the basis of their physical and chemical characteristics.

(dd) "Long string casing" means a casing which is continuous from at least the top of the injection interval to the surface and which is cemented in place.

(ee) "Log" means to make a written record progressively describing the strata and geologic and hydrologic character thereof to include electrical, radioactivity, radioactive tracer, temperature, cement bond and similar surveys, a lithologic description of all cores, and test data.

(ff) "Mechanical integrity" means the sound and unimpaired condition of all components of the well or facility or system for control of a subsurface discharge and associated activities.

(gg) "Permit" means a Wyoming Underground Injection Control permit, unless otherwise specified.

(hh) "Permit by rule" means an authorization included in these rules which does not require either an individual permit or a general permit. A facility which is permitted by rule must meet the requirements found in this chapter, but is not required to apply for and obtain a permit to construct and operate the facility.

(ii) "Permittee" means the named permit holder.

(jj) "Point of compliance" means a point at which the permittee shall meet class of use standards for the receiver.

(kk) "Point of injection" means the last accessible sampling point prior to waste fluids being released into the subsurface environment through a Class V injection well. For example the 'point of injection' of a Class V septic system might be the distribution box - the last accessible sampling point before the waste fluids drain into the underlying soils. For a dry well, it is likely to be the well bore itself.

(ll) "Public hearing" means a non-adversary hearing held by the administrator or director of the department. The hearing is conducted pursuant to Chapter 3 of the Wyoming Department of Environmental Quality Rules of Practice and Procedure.

(mm) "Radioactive waste" means any waste which contains radioactive material in concentrations that exceed those listed in 10 CFR Part 20, Appendix B, Table II, Column 2 as of December 22, 1993.

(nn) "Receiver" means any zone, interval, formation or unit in the subsurface into which fluids and pollutants are discharged.

(oo) "Responsible corporate officer" means a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation.

(pp) "Secondarily affected aquifer" means any aquifer affected by migration of fluids from an injection facility, when the aquifer is not directly discharged into.

(qq) "Septic system" means a facility that is used solely to emplace domestic sewage below the surface and is comprised of a septic tank and subsurface fluid distribution system.

(rr) "Source water protection area" means the area delineated for the protection of ground and surface water sources for a public water supply under a department approved plan developed pursuant to Section 1453 of the Safe Drinking Water Act.

(ss) "Subsurface discharge" means a discharge into a receiver.

(tt) "Subsurface fluid distribution system" means an assemblage of perforated pipes or drain tiles used to distribute fluids below the surface of the ground. Subsurface fluid distribution systems include but are not limited to drain fields, leach fields, mounded leach fields, leach lines, bed type distribution systems, and gravel-less chamber type distribution systems.

(uu) "Underground source of drinking water" means those aquifers or portions thereof which have a total dissolved solids content of less than 10,000 mg/L, and are classified as either Class I, II, III, IV (a), or Special (A), pursuant to Chapter 8, Quality Standards for Wyoming Groundwaters, Water Quality Rules and Regulations.

(vv) "Vadose Zone" means the unsaturated zone in the earth, between the land surface and the top of the first saturated aquifer which is not a perched water aquifer. The vadose zone characteristically contains liquid water under less than atmospheric pressure, and water vapor and air or other gases at atmospheric pressure. Perched water bodies exist within the vadose zone.

(ww) "Water quality management area" means the area delineated for the protection of water quality under a department approved plan developed under Sections 303, 208 and/or 201 of the Federal Clean Water Act, as amended.

(xx) "Well" means an opening, excavation, shaft or hole in the ground allowing or used for an underground injection or for the purpose of extracting a fluid, mineral, product or pollutant from the subsurface or for monitoring.

(yy) "Wellhead protection area" means the area delineated for the protection of a public water supply utilizing a groundwater source under a department approved plan developed pursuant to Section 1428 of the federal Safe Drinking Water Act.

(zz) "Workover" means to pull the tubing, packer, or any downhole hardware from the well and inspect, replace, or refurbish it prior to placing that hardware back in service, or to enter the hole with any drilling tool.

020-27 Wyo. Code R. § 27-2

Adopted, Eff. 9/15/2015.

Amended, Eff. 12/3/2018.