(a) For Class I wells the following are applicable: - (i) The applicant shall file seven (7) copies of the permit application with the Water Quality Division.
- (ii) Within sixty (60) days of submission of the application, the administrator shall make an initial determination of completeness. An application shall be determined complete when the administrator receives an application and any supplemental information necessary to determine compliance with these regulations.
- (iii) An incomplete application will be processed in the following manner:
- (A) For an extremely incomplete application, additional information shall be requested in detail or the application will be returned to the applicant. Incomplete permit applications will result in permit denial.
- (B) If an application is denied because of incompleteness necessitating a request for additional information, the applicant shall have a maximum of six (6) months to comply with the requests. If the applicant fails to provide the requested information within that period, the entire incomplete application shall be returned.
- (C) Resubmittal of information by an applicant on an incomplete application will begin the process described in subsection (a)(ii) of this section.
- (iv) During any sixty (60) day review period where an application is determined complete, the administrator shall take one of the following actions:
- (A) Prepare a draft permit for issuance or denial, prepare a fact sheet on the proposed operation, and provide public notice pursuant to Section 21; or
- (B) Provide the applicant notice that the permit is deficient and state the deficiencies in the application.
- (v) Determinations of deficiency by the Department are appealable by the applicant to the Environmental Quality Council. Requests for appeal must be in writing, state the reasons for appeal, and be made to both the Director and the Chairman of the Environmental Quality Council. A deficient application is considered a permit denial but is not subject to the public notice requirements of Section 22 unless a hearing is requested by the applicant. Resubmittal of information for a deficient application will start the sixty (60) day review period again.
- (vi) Denials of permit applications will be pursuant to procedures outlined in paragraph (d) of this section.
- (vii) All draft permits for Class I wells require public notice pursuant to Section 21 of this chapter.
(b) For Class V wells that require an Individual Permit, the following are applicable: - (i) The applicant shall submit five (5) copies of the permit application to the division.
- (A) Within 60 days of submission of the application, the administrator shall make an initial determination of completeness. An application shall be determined complete when the administrator receives an application and any supplemental information necessary to determine compliance with these regulations.
- (ii) Resubmittal of information by an applicant on an incomplete application will begin the process described in paragraph (b)(i)(A) of this section.
- (iii) During any 60 day review period where an application is determined complete, the administrator shall prepare a draft permit for issuance or denial, prepare a fact sheet on the proposed operation, and provide public notice pursuant to Section 21.
- (iv) A denial of the application by the department is appealable by the applicant to the Environmental Quality Council in accordance with the Rules of Practice and Procedure. Requests for appeal must be in writing, state the reasons for appeal, and be made to both the director and the chairman of the Environmental Quality Council.
(c) For Class V wells that require a General Permit, the following are applicable: - (i) In order to be covered by a general permit, an operator must submit all information required in Section 9(c) (i), (ii), and (iii), plus any additional information required to be submitted or reported in the issued general permit. The submittal requesting coverage by a general permit shall be signed by a person meeting the same signatory requirements of Section 6(f) (xiv) and shall be certified in accordance with Section 6(f) (xv). Facilities will be covered by general permits as soon as the department has issued a written statement of acceptance to allow the construction and operation of the facility under the general permit. The department will issue an authorization accepting the operation for coverage under the general permit or denying coverage under the general permit, within 60 days of the date when the operator requested coverage. Requests for coverage under a general permit, which do not meet the requirements for general permit pursuant to this chapter, may be denied by the administrator.
- (ii) If a general permit has been issued by the department, an operator of a facility must register the facility with the department and sign a statement agreeing to be bound by the conditions of that permit. Failure to register for general permit coverage, when available, is the same as operation of a facility without a permit, unless an individual permit has been obtained.
- (iii) Once issued, general permits must remain the same for all persons covered by the permit. A general permit may be modified in accordance with Section 7(d) (vii). Any such modification must cover all persons covered by the permit.
(d) Permit modification, denial, revocation, termination and transfer. - (i) Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee or licensee) or upon the administrator's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in this section. All requests shall be in writing and shall contain facts or reasons supporting the request.
- (ii) If the Administrator decides the request is not justified, he or she shall send the requester a brief written response giving the reason for the decision. A request for modification, revocation and reissuance, or termination shall be considered denied if the Administrator takes no action within 60 days after receiving the written request. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice and comment. Denials by the administrator may be appealed for hearing to the Environmental Quality Council by a letter briefly setting forth the relevant facts.
- (iii) If the administrator tentatively decides to modify or revoke and reissue a permit, a draft permit incorporating the proposed changes shall be prepared. The administrator may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of revoked and reissued permits, the administrator shall require the submission of a new application.
- (iv) In a permit modification under Section 7(d) (vii) of this chapter, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit and the modified permit shall expire on the date when the original permit would have expired. When a permit is revoked and reissued under this section, the entire permit is reopened as if the permit has expired and is being reissued. When the entire permit is reopened, the modified permit shall be issued for no more than ten (10) years. During any revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is issued.
- (v) Proposed permit modifications, revocations or terminations shall be developed as a draft permit and are subject to the public notice and hearing requirements outlined in Section 21.
- (vi) For Class I wells the administrator shall modify a permit or license when:
- (A) Any material or substantial alterations or additions to the facility occur after permitting or licensing, which justify the application of permit conditions that are different or absent in the existing permit; or
- (B) Any modification in the operation of the facility is capable of causing or increasing pollution in excess of applicable standards or permit conditions.
- (C) Information warranting modification is discovered after the operation has begun that would have justified the application of different permit conditions at the time of permit issuance;
- (D) Regulations or standards upon which the permit or license was based have changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued;
- (E) Cause exists for termination, as described in this section, but the department determines that modification is appropriate; or
- (F) Modification is necessary to comply with applicable statutes, standards or regulations.
- (vii) For Class V wells the administrator may modify a permit when:
- (A) Any material or substantial alterations or additions to the facility occur after permitting or licensing, which justify the application of permit conditions that are different or absent in the existing permit;
- (B) Any modification in the operation of the facility is capable of causing or increasing pollution in excess of applicable standards or permit conditions;
- (C) Information warranting modification is discovered after the operation has begun that would have justified the application of different permit conditions at the time of permit issuance;
- (D) Regulations or standards upon which the permit was based have changed by promulgation of amended standards or regulations, or by judicial decision after the permit was issued;
- (E) Cause exists for termination, as described in this section, but the department determines that modification is appropriate; or
- (F) Modification is necessary to comply with applicable statutes, standards or regulations.
- (viii) Minor modifications of permits may occur with the consent of the permittee without following the public notice requirements. Minor modifications will become final twenty (20) days from the date of receipt of such notice. For the purposes of this chapter, minor modifications may only:
- (A) Correct typographical errors;
- (B) Require more frequent monitoring or reporting by the permittee;
- (C) Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement;
- (D) Allow for a change in ownership or operational control of a facility where the administrator determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees have been submitted to the administrator;
- (E) Change quantities or types of fluids injected that are within the capacity of the facility as permitted and, in the judgment of the administrator, would not interfere with the operation of the facility or its ability to meet conditions described in the permit and would not change its classification;
- (F) Change construction requirements approved by the administrator pursuant to department rules and regulations provided that any such alteration shall comply with the requirements of this chapter; or
- (G) Amend an abandonment plan.
- (ix) For a Class I well the administrator may deny a permit for any of the following reasons:
- (A) The application is incomplete; or
- (B) Other justifiable reasons necessary to carry out the provisions of the Wyoming Environmental Quality Act.
- (C) If the applicant has been and continues to be in violation of the provisions of the Wyoming Environmental Quality Act.
- (x) For Class I wells the administrator shall deny a permit for any of the following reasons:
- (A) The project, if constructed and/or operated, will cause violation of applicable state surface or groundwater standards;
- (B) The application contains a proposed construction or operation which does not meet the requirements of this chapter; or
- (C) The application does not provide documentation to comply with financial responsibility requirements of Section 19.
- (D) The administrator shall deny any permit for which the U.S. Environmental Protection Agency has denied an aquifer exemption.
- (E) When the department intends to deny a permit for any reason other than an incomplete or deficient application, a draft permit shall be prepared and public notice issued pursuant to Section 21.
- (xi) For Class V wells the director may deny an individual permit for any of the following reasons:
- (A) The application is incomplete;
- (B) The project, if constructed and/or operated, will cause violation of applicable state surface or groundwater standards;
- (C) The application contains a proposed construction or operation which does not meet the requirements of this chapter;
- (D) The permitted facility would be in conflict with or is in conflict with a state approved local wellhead protection plan, state approved local source water protection plan, or state approved water quality management plan; or
- (E) Other justifiable reasons necessary to carry out the provisions of the Wyoming Environmental Quality Act.
- (F) If the director intends to deny an individual permit for any reason other than an incomplete or deficient application, a draft permit shall be prepared and public notice issued pursuant to Section 21 of this chapter.
- (xii) The administrator may revoke and reissue or terminate a permit for any of the following reasons:
- (A) Noncompliance with terms and conditions of the permit;
- (B) Failure in the application or during the issuance process to disclose fully all relevant facts, or misrepresenting any relevant facts at any time; or
- (C) A determination that the activity endangers human health or the environment and can only be regulated to acceptable levels by a permit modification or termination.
- (xiii) The administrator may modify a permit or license to resolve issues that could lead to the revocation or consider any of the reasons in the preceding paragraph as sufficient justification to terminate a permit or license. The administrator as part of any notification of intent to terminate a permit or license shall order the permittee or licensee to proceed with reclamation on a reasonable time period.
- (xiv) Permits for Class I wells will be automatically terminated after closure and release of the financial responsibility requirements of Section 19 by the department.
- (xv) Transfer of a permit is allowed only upon approval by the administrator. When a permit transfer occurs pursuant to this section, the permit rights of the previous permittee will automatically terminate.
- (A) The proposed permit holder shall apply in writing as though that person was the original applicant for the permit and shall further agree to be bound by all of the terms and conditions of the permit.
- (B) Transfer will not be allowed if the permittee is in noncompliance with any term and conditions of the permit, unless the transferee agrees to bring the facility back into compliance with the permit.
- (C) When a permit transfer occurs, the administrator may modify a permit pursuant to this section. The administrator shall provide public notice pursuant to Section 21 for any modification other than a minor modification defined by this section.
- (D) The potential transferee shall file a statement of qualifications to hold a permit with the administrator.
020-27 Wyo. Code R. § 27-7