reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 17 - MUNICIPAL SOLID WASTE LANDFILL REMEDIATION PROGRAM › Section 17-1 - Authority and purpose

Current through July 13, 2024
(a) This Chapter is
				promulgated pursuant to the Wyoming Environmental Quality Act,
				W.S.
				35-11-101 et seq., specifically W.S.
				W.S.
				35-11-533, to establish the municipal solid
				waste landfill remediation program and to provide funding to take remediation
				actions at eligible leaking municipal solid waste landfills.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 17 - MUNICIPAL SOLID WASTE LANDFILL REMEDIATION PROGRAM › Section 17-2 - Definitions

Current through July 13, 2024
(a) The definitions used in this Chapter are
				identical to those set forth in Chapter 1 of the Wyoming Department of
				Environmental Quality, Solid Waste Rules and Regulations.
(b) "Municipal Solid Waste Landfill
				Remediation Program Account" means the account created by
				W.S.
				35-11-535.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 17 - MUNICIPAL SOLID WASTE LANDFILL REMEDIATION PROGRAM › Section 17-4 - Program Process

Current through July 13, 2024
(a) In order to
				participate in the Municipal Solid Waste Landfill Remediation Program,
				operators must submit a Notice of Intent to Participate (Notice) to the
				Department. The Notice shall contain the following information:
(i) Name, location, and mailing address of
				facility;
(ii) Detailed information
				regarding existing units at the facility, including but not limited to unit
				dimensions, locations, acreages, contents, liners and cover material;
(iii) Estimated depth to groundwater and
				status of current groundwater monitoring program;
(iv) Discussion of any exceedences of
				groundwater protection standards at the facility;
(v) A preliminary presumptive remedy for the
				landfill and its estimated cost;
(vi) A request by the operator for delegation
				of authority to oversee monitoring and implementation of remediation, if
				desired; and
(vii) Acknowledgment
				of intent to comply with requirements of Section
				3 of this Chapter.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 17 - MUNICIPAL SOLID WASTE LANDFILL REMEDIATION PROGRAM › Section 17-5 - Program Requirements

Current through July 13, 2024
(a) Investigation
				of contamination, design and installation of monitoring and remediation
				systems, and the operation and maintenance of monitoring and maintenance
				systems shall be conducted pursuant to the requirements of Chapter 2, Section
				8.
(b) All corrective actions
				shall restore the environment to a condition and quality consistent with the
				requirements of Chapter 2.
(i) In carrying
				out monitoring and remediation activities under the program the Department has
				the right to construct and maintain any structure, monitor well, recovery
				system, or any other reasonable and necessary item associated with taking
				remediation and monitoring actions.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 17 - MUNICIPAL SOLID WASTE LANDFILL REMEDIATION PROGRAM › Section 17-6 - Project Costs

Current through July 13, 2024
(a) Eligible
				project costs: The following costs incurred by operators or contractors
				performing work at eligible facilities pursuant to Section
				3 can be reimbursed by funds from the
				Municipal Solid Waste Landfill Remediation Account:
(i) Capping or approved phased
				reclamation;
(ii) Groundwater
				remediation and monitoring;
(iii)
				Methane mitigation and monitoring; and
(iv) Other closure related expenses,
				including engineering, geological, and other professional services;
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 18 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 18-1 - Authority

Current through July 13, 2024
Authority: This Chapter is promulgated pursuant to the
				  Wyoming Environmental Quality Act (Act), Wyoming Statute (W.S.) §
									
										35-11-503.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 18 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 18-2 - Incorporation by Reference

Current through July 13, 2024
(a) General: 40
				Code of Federal Regulations (CFR) part 257 subpart D; Standards for the
				Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments.
				Any reference in these rules to requirements, procedures, or specific forms
				contained in 40 CFR part 257 subpart D shall constitute the full adoption by
				reference of sections of that part and subpart as they appear in the CFR dated
				December 14, 2020. These rules do not include any later amendments or editions
				of the incorporated matter.
(b) The
				Wyoming Department of Environmental Quality, Solid and Hazardous Waste
				Division, has determined that incorporation of the full text in these rules
				would be cumbersome or inefficient given the length or nature of the
				rules.
(c) More stringent and
				broader-in-scope provisions: State-specific rules that are more stringent or
				broader-in-scope than the provisions of 40 CFR part 257 subpart D are detailed
				in the relevant sections of these rules.
(d) Availability of referenced material: The
				federal rules incorporated by reference throughout this Chapter are maintained
				at the following locations:
(i) Electronic
				copies of the federal rules incorporated by reference throughout these rules
				may be obtained from the U.S. Government Publishing Office,
https://www.ecfr.gov/
; and
(ii) 40 CFR part 257 subpart D is available
				for public inspection at the Wyoming Department of Environmental Quality, Solid
				and Hazardous Waste Division, 200 W. 17th Street,
				Cheyenne, Wyoming. Printed copies of the federal regulations incorporated by
				reference throughout these rules are also available at cost from the U.S.
				Government Publishing Office, 732 North Capitol Street Northwest, Washington
				D.C. 20401 or at
http://bookstore.gpo.gov/catalog/laws-regulations/code-federal-regulations-cfrs-print
.
				Copies of federal regulations may be requested at cost through the Wyoming
				Department of Environmental Quality, which will order the materials from the
				U.S. Government Publishing Office.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 18 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 18-3 - General Provisions

Current through July 13, 2024
(a) Scope and
				purpose: The scope and purpose of
				40 CFR 257.50
				are incorporated by reference, with the exception of
				40 CFR
				257.50(e).
(b) Applicability of other regulations: The
				applicability of other regulations under
				40 CFR
				257.52 is incorporated by
				reference.
(c) Definitions: The
				definitions of
				40
				CFR 257.53 are incorporated by reference.
				Definitions in W.S. §
									
										35-11-103(a) and (d), and
				Chapter 1, Section 1 of these rules not included in
				40
				CFR 257.53 apply to this chapter and:
(i) "Administrator" means the Solid and
				Hazardous Waste Division Administrator;
(ii) "Major amendment" means a change to any
				solid waste management facility location, design or construction, or to any
				operating, monitoring, closure or post-closure activities, involving one or
				more of the following items:
(A) The total
				permitted volumetric capacity of the facility is to be increased by more than
				five percent;
(B) The effectiveness
				of any liner, leachate collection or detection system, gas detection or
				migration system, or pollution control or treatment system may be
				reduced;
(C) The facility
				modification will, in the judgment of the Administrator, be likely to alter the
				fundamental nature of the facility's activities or reduce the capacity of the
				facility to protect human health and the environment; and
(iii) The following state terms shall replace
				the federal terms in 40 CFR part 257.53 , unless otherwise noted in these
				rules:
(A) "Regional Administrator,
				Participating State Director, or State Director" means the Director of the
				Wyoming Department of Environmental Quality, or their designee.
(B) "State" means the State of
				Wyoming.
(C) "Certification from a
				qualified professional engineer or approval from the Participating State
				Director or approval from EPA where EPA is the permitting authority" means the
				certification from a licensed professional engineer and submittal to the
				Administrator for approval.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 18 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 18-4 - Coal Combustion Residuals (CCR) Landfill and Surface Impoundment Permit Application Requirements

Current through July 13, 2024
(a) Permit
				required: All CCR units must be permitted in accordance with this
				Chapter.
(b) Permit transition:
				Permit application submittals under Chapter 1, Section 2 of these rules shall
				meet the following requirements;
(i) Existing
				CCR landfills that are permitted under Chapter 3 of these rules that do not
				have a lifetime permit and intend to continue disposal of CCR after the
				effective date of this Chapter, shall submit a permit renewal application under
				this Chapter no later than twelve months prior to the expiration date of the
				facility's existing permit or twelve months after the effective date of this
				Chapter, whichever comes later, unless an alternate schedule is approved by the
				Administrator for good cause;
(ii)
				Existing CCR surface impoundments that are permitted by the Water Quality
				Division shall submit a new permit application under this Chapter within twelve
				months of the effective date of this rule unless an alternate schedule is
				approved by the Administrator for good cause, and;
(iii) Existing CCR landfill and surface
				impoundment permits that do not have a lifetime permit and intend to cease
				disposal of all waste before obtaining a lifetime permit, shall submit a
				closure permit application no later than twelve months prior to the expiration
				date of the facility's existing permit or the date the facility is anticipated
				to cease disposal of CCR, whichever comes first, unless an alternate schedule
				is approved by the Administrator for good cause.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 18 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 18-7 - Design Criteria

Current through July 13, 2024
All facilities shall demonstrate compliance with the
				  following applicable standards and criteria in the permit application:
(a) Design criteria for new CCR landfills and
				any lateral expansion of a CCR landfill: The criteria of
				40
				CFR 257.70 are incorporated by
				reference.
(b) Liner design
				criteria for existing CCR surface impoundments: The criteria of
				40 CFR
				257.71 are incorporated by
				reference.
(c) Liner design
				criteria for new CCR surface impoundments and any lateral expansion of a CCR
				surface impoundment: The criteria of
				40
				CFR 257.72 are incorporated by
				reference.
(d) Structural integrity
				criteria for existing CCR surface impoundments: The criteria of
				40
				CFR 257.73 are incorporated by reference,
				with the exception of the phrase "not to exceed a height of six inches above
				the slope of the dike" in
				40
				CFR 257.73(a)(4) and
				(d)(1)(iv).
(e) Structural integrity criteria for new CCR
				surface impoundments and any lateral expansion of a CCR surface impoundment:
				The criteria of
				40
				CFR 257.74 are incorporated by reference,
				with the exception of the phrase "not to exceed a height of six inches above
				the slope of the dike" in
				40
				CFR 257.74(a)(4) and
				(d)(1)(iv).
(f) Design criteria: A detailed description
				of the facility design and construction standards including:
(i) Surveyed corners: All facility boundary
				corners shall be surveyed and marked with permanent survey caps.
(ii) Buffer zones: All facilities shall be
				designed and constructed with a buffer zone that is a minimum of twenty feet
				wide within the facility perimeter fence.
(iii) Cover material availability: An
				evaluation of the availability of cover material sufficient to properly operate
				the facility through the closure period.
(iv) Slope stability for excavations: Trench
				walls shall not exceed a ratio of 1.5:1 (horizontal:vertical) unless a slope
				stability analysis demonstrates steeper slopes can be safely constructed and
				maintained. This analysis may be based on site-specific soil stability
				calculations or Wyoming Occupational Safety and Health Administration
				regulations for excavations.
(v)
				Quality assurance/quality control: Facilities shall submit construction quality
				assurance/quality control plans that ensure adequate construction and testing
				of the containment system components.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 18 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 18-8 - Operating Criteria

Current through July 13, 2024
All facilities shall demonstrate compliance with the
				  following applicable standards and criteria in the permit application:
(a) Air criteria: The criteria of
				40
				CFR 257.80 are incorporated by
				reference.
(b) Run-on and run-off
				controls for CCR landfills: The criteria of
				40 CFR
				257.81 are incorporated by
				reference.
(c) Hydrologic and
				hydraulic capacity requirements for CCR surface impoundments: The criteria of
				40
				CFR 257.82 are incorporated by
				reference.
(d) Inspection
				requirements for CCR surface impoundments: The criteria of
				40 CFR
				257.83 are incorporated by
				reference.
(e) Inspection
				requirements for CCR landfills: The criteria of
				40 CFR
				257.84 are incorporated by
				reference.
(f) Additional operating
				criteria:
(i) Qualified environmental manager:
				Each facility shall be managed by a qualified environmental manager. In the
				event that a qualified environmental manager terminates employment for any
				reason, a new environmental manager shall be designated within three months of
				such termination. For any facility that is constructed, operated, and monitored
				in compliance, the environmental manager's qualifications shall be presumed to
				be adequate. For any facility that is not being constructed, operated, or
				monitored in compliance, the environmental manager may be required to complete
				additional training and demonstrate his or her qualifications by written or
				oral examination. A qualified environmental manager shall:
(A) Possess a complete working knowledge of
				the facility construction, operating, and monitoring procedures, as specified
				in the permit application and the permit letter issued by the
				Director.
(B) Attend the classroom
				or field training program described in the approved permit
				application.
(C) Attend any
				training course sponsored by the Department that the Administrator requires, to
				provide training on changes to state or federal solid waste rules or
				guidelines. For any such mandatory training course, the Administrator shall
				provide each operator with a minimum of forty-five days notice prior to the
				scheduled training course.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 18 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 18-9 - Groundwater Monitoring and Corrective Action

Current through July 13, 2024
All facilities shall demonstrate compliance with the
				  following applicable standards and criteria in the permit application:
(a) Applicability: The criteria of
				40
				CFR 257.90 are incorporated by reference with
				the exception of
				40
				CFR 257.90(g) and the
				following additions:
(i) The operator shall
				include the following additional information in its annual groundwater
				monitoring and corrective action report:
(A) A
				summary of facility operations and activities carried out during the last year
				including a revised schedule or timetable of facility operations and
				activities;
(B) A summary of
				anticipated permit amendments during the next year;
(C) The remaining usable CCR landfill and CCR
				surface impoundment capacity (in total cubic yards) excluding final
				cover;
(D) Quantity of waste
				managed during the last year and the method used to determine the
				amount;
(E) Quantity of CCR waste
				removed, recovered, or diverted for beneficial use and the method used to
				determine the amount;
(F)
				Electronic copies of all required monitoring data not already submitted
				following a sampling event, in a format specified by the Administrator. The
				Administrator may require paper copies of monitoring data, as well as
				supporting charts or maps that represent the data; and
(G) The Administrator may require reporting
				of additional information needed to demonstrate compliance with these
				rules.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 18 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 18-10 - Closure and Post-Closure Care

Current through July 13, 2024
All facilities shall demonstrate compliance with the
				  following applicable standards and criteria in the permit application:
(a) Inactive CCR surface impoundments: The
				criteria of
				40 CFR
				257.100 are incorporated by
				reference.
(b) Closure or retrofit
				of CCR units: The criteria of
				40 CFR
				257.101 are incorporated by
				reference.
(c) Criteria for
				conducting the closure or retrofit of CCR units: The criteria of
				40 CFR
				257.102 are incorporated by
				reference.
(d) Alternative closure
				requirements: The criteria of
				40 CFR
				257.103 are incorporated by
				reference.
(e) Post-closure care
				requirements: The criteria of
				40 CFR
				257.104 are incorporated by
				reference.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 18 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 18-11 - Recordkeeping, Notification, and Posting of Information to the Internet

Current through July 13, 2024
All facilities shall demonstrate compliance with the
				  following applicable standards and criteria in the permit application:
(a) Recordkeeping requirements: The criteria
				of
				40 CFR
				257.105 are incorporated by reference,
				notwithstanding Chapter 1, Section 1(d) of these rules.
(b) Notification requirements: The criteria
				of
				40 CFR
				257.106 are incorporated by
				reference.
(c) Publicly accessible
				internet site requirements: The criteria of
				40 CFR
				257.107 are incorporated by reference with
				the following addition:
(i) Final
				determination on permit applications shall be placed to the owner or operator's
				CCR website within five days.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 18 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 18-12 - Industrial Waste Standards

Current through July 13, 2024
Industrial waste standards: If disposing of non-CCR
				  industrial waste, the permit application shall demonstrate compliance with the
				  applicable requirements of Chapter 3 of these rules.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 18 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 18-13 - Transfer, Treatment, and Storage Facility Standards

Current through July 13, 2024
Transfer, treatment, and storage facility standards: If
				  applicable, the permit application shall demonstrate compliance with the
				  requirements of Chapter 6 of these rules.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 18 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 18-14 - Special Waste Standards

Current through July 13, 2024
Special waste standards: If applicable, the permit
				  application shall demonstrate compliance with the requirements of Chapter 8 of
				  these rules.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 18 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 18-15 - Supporting Documentation/Appendices

Current through July 13, 2024
All permit application appendices shall, at a minimum,
				  include the information in this section:
(a) USGS topographic map: A USGS topographic
				map with a scale of 1:24,000 with the proposed facility location shown; an
				original USGS topographic map with a scale of 1:62,500 or other suitable
				topographic map may be submitted if a 1:24,000 map is unavailable.
(b) Map or aerial photograph of the area: A
				map or aerial photograph of the area shall be submitted showing land ownership,
				land use and zoning within one mile of the disposal facility. The map or
				photograph shall be of sufficient scale to show all city boundaries, each
				occupied dwelling house, schools, hospitals, industrial buildings, water wells,
				water courses, roads, and other applicable details.
(c) General facility plot plan: A general
				facility plot plan (map) with a scale and contour intervals approved by the
				Administrator shall be submitted. The general facility plot plan shall at a
				minimum illustrate the following features:
(i) Facility boundaries;
(ii) Points of access;
(iii) Location of soil borings and
				groundwater monitor wells;
(iv)
				Location of proposed CCR landfill and surface impoundment locations;
(v) Perimeter fire lane; and
(vi) Perimeter fence location.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-1 - Authority

Current through July 13, 2024
These regulations are promulgated pursuant to Wyoming
				  Statutes (W.S.)
										35-11-101 through
				  35-11-1803,
				  specifically 302(a)(i) and 302(b)(i) and (ii), and no person shall cause,
				  threaten or allow violation of a surface water quality standard contained
				  herein. Nothing in this definition is intended to expand the scope of the
				  Environmental Quality Act, defined at W.S.
				  W.S.
				  35-11-103(a)(xiii) and
				  limited in W. S.
				  
										35-11-1104, nor do these regulations
				  supersede or abrogate the authority of the state to appropriate quantities of
				  water for beneficial uses.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-3 - Water Uses

Current through July 13, 2024
The objectives of the Wyoming water pollution control program
				  are described in
				  W.S.
				  35-11-102. These objectives are designed to
				  serve the interests of the state and achieve the related goals, objectives and
				  policies of the Clean Water Act. The objectives of the Wyoming program are to
				  provide, wherever attainable, the highest possible water quality commensurate
				  with the following uses:
(a)
				Agriculture. For purposes of water pollution control, agricultural uses include
				irrigation and/or livestock watering.
(b) Fisheries. The fisheries use includes
				water quality, habitat conditions, spawning and nursery areas, and food sources
				necessary to sustain populations of cold water game fish, warm water game fish
				and nongame fish. This use does not include the protection of aquatic invasive
				species or other fish which may be considered "undesirable" by the Wyoming Game
				and Fish Department or the U.S. Fish and Wildlife Service within their
				appropriate jurisdictions.
(c)
				Industry. Industrial use protection involves maintaining a level of water
				quality useful for industrial purposes.
(d) Drinking water. The drinking water use
				involves maintaining a level of water quality that is suitable for potable
				water or intended to be suitable after receiving conventional drinking water
				treatment.
(e) Recreation.
				Recreational use protection involves maintaining a level of water quality which
				is safe for human contact. It does not guarantee the availability of water for
				any recreational purpose. The recreation designated use includes primary
				contact recreation and secondary contact recreation subcategories.
(f) Scenic value. Scenic value use involves
				the aesthetics of the aquatic systems themselves (odor, color, taste,
				settleable solids, floating solids, suspended solids and solid waste) and is
				not necessarily related to general landscape appearance.
(g) Aquatic life other than fish. This use
				includes water quality and habitat necessary to sustain populations of
				organisms other than fish in proportions which make up diverse aquatic
				communities common to the waters of the state. This use does not include the
				protection of human pathogens, insect pests, aquatic invasive species or other
				organisms which may be considered "undesirable" by the Wyoming Game and Fish
				Department or the U.S. Fish and Wildlife Service within their appropriate
				jurisdictions.
(h) Wildlife. The
				wildlife use includes protection of water quality to a level which is safe for
				contact and consumption by avian and terrestrial wildlife species.
(i) Fish consumption. The fish consumption
				use involves maintaining a level of water quality that will prevent any
				unpalatable flavor and/or accumulation of harmful substances in fish
				tissue.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-5 - Standards Enforcement

Current through July 13, 2024
The numerical and narrative standards contained within these
				  regulations shall be used to establish effluent limitations for those
				  discharges requiring control via permits to discharge in the case of point
				  sources and best management practices in the case of nonpoint sources. If no
				  permit or best management practice has been issued or implemented for a
				  pollution source the state may, in addition to other appropriate legal action,
				  take direct action to enforce these standards.
The processes used to implement the standards are described
				  in various implementation documents adopted by the department. Such documents
				  are adopted with full public participation and include, but are not limited to,
				  the
Implementation Policies for Antidegradation, Mixing Zones and
				  Dilution Allowances, Turbidity and Use Attainability Analysis
, the
				  Wyoming Continuing Planning Process (CPP) and best management practices.
These regulations shall not be interpreted to preclude the
				  establishment of appropriate compliance schedules for permitting purposes nor
				  shall compliance with the conditions of these regulations exempt any discharger
				  from the penalty provisions of
				  W.S.
				  35-11-901.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-6 - Interstate Compacts, Court Decrees and Water Rights

Current through July 13, 2024
The department shall, after review and conference with the
				  State Engineer, make recommendations to the State Engineer concerning proposed
				  new diversions which could cause violations of these regulations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-7 - Class 1 Waters

Current through July 13, 2024
(a) Except as
				authorized in Section 7(b) of these regulations, no new point sources other
				than dams may discharge, and no existing point sources, other than dams, may
				increase their quantity of pollution discharge, to any water designated as
				Class 1.
(b) Storm water and
				construction-related discharges of pollution to Class 1 waters may be
				authorized and shall be controlled through applicable water quality permits,
				Section 401 certifications and/or by the application of best management
				practices. Such discharges shall not degrade the quality of any Class 1 water
				below its existing quality or adversely affect any existing use of the water.
				Temporary increases in turbidity that are within the limits established in
				Section
				23 of these
				regulations and that do not negatively affect existing uses can be permitted.
				For purposes of this section, temporary increases in turbidity shall not exceed
				the actual construction period. The department shall impose whatever controls
				and monitoring are necessary on point source discharges to Class 1 waters and
				their tributaries to ensure that the existing quality and uses of the Class 1
				water are protected and maintained.
(c) Nonpoint source discharges of pollution
				to Class 1 waters or tributaries of Class 1 waters shall be controlled by
				application of best management practices adopted in accordance with the Wyoming
				Continuing Planning Process. For Class 1 waters, best management practices will
				maintain existing quality and water uses.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-8 - Antidegradation

Current through July 13, 2024
(a) Water uses in
				existence on or after November 28, 1975 and the level of water quality
				necessary to protect those uses shall be maintained and protected. Those
				surface waters not designated as Class 1, but whose quality is better than the
				standards contained in these regulations, shall be maintained at that higher
				quality. However, after full intergovernmental coordination and public
				participation, the department may issue a permit for or allow any project or
				development which would constitute a new source of pollution, or an increased
				source of pollution, to these waters as long as the following conditions are
				met:
(i) The quality is not lowered below
				these standards;
(ii) All existing
				water uses are fully maintained and protected;
(iii) The highest statutory and regulatory
				requirements for all new and existing point sources and all cost effective and
				reasonable best management practices for nonpoint sources have been achieved;
				and
(iv) The lowered water quality
				is necessary to accommodate important economic or social development in the
				area in which the waters are located.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-9 - Mixing Zones

Current through July 13, 2024
Except for acute whole effluent toxicity (WET) values and
				  Sections
				  14,
				  15,
				  16,
				  17,
				  28 and
				  29(b) of these
				  regulations, compliance with water quality standards shall be determined after
				  allowing reasonable time for mixing. Except for the zone of initial dilution,
				  which is the initial 10% of the mixing zone, the mixing zone shall not contain
				  pollutant concentrations that exceed the aquatic life acute values (see
				  Appendix B). In addition, there shall be a zone of passage around the mixing
				  zone which shall not contain pollutant concentrations that exceed the aquatic
				  life chronic values (see Appendix B). Under no circumstance may a mixing zone
				  be established which would allow human health criteria (see Appendix B) to be
				  exceeded within 500 yards of a drinking water supply intake or result in acute
				  lethality to aquatic life. The procedures used to implement this section are
				  described in the
Mixing Zones and Dilution Allowances Implementation
				  Policy
.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-10 - Testing Procedures

Current through July 13, 2024
For determination of the parameters involved in the
				  standards, analyses will be in accordance with test procedures defined pursuant
				  to: Title 40, Code of Federal Regulations, Part 136, or any modifications
				  thereto. For test procedures not listed in the Code of Federal Regulations,
				  test procedures outlined in the latest editions of:
EPA Methods for
				  Chemical Analysis of Water and Wastes
;
Standard Methods for
				  the Examination of Water and Wastewaters;
or
ASTM
				  Standards
shall be used.
Where standard methods of testing have not been established,
				  the suitability of testing procedures shall be determined by the department and
				  the EPA using defensible scientific methods.
Numeric criteria included in the standards represent levels
				  necessary to protect designated uses and do not necessarily reflect detection
				  limits that can be achieved using standard analytical techniques. Standard
				  analytical techniques are considered during development of discharge permits
				  and evaluation of water quality data. Sampling entities should consult with the
				  department to determine reporting limit needs to ensure that adequate testing
				  procedures and reporting limits are requested from the laboratory.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-11 - Flow Conditions

Current through July 13, 2024
(a) Numeric water
				quality standards shall be enforced at all times except during periods below
				low flow. Low flow can be determined by the following methods:
(i) Using the 7Q10 (the minimum seven (7)
				consecutive day flow which has the probability of occurring once in ten (10)
				years);
(ii) The EPA's biologically
				based flow method which determines a four (4) day, three (3) year low flow for
				chronic exposures and a one (1) day, three (3) year low flow for acute
				exposures (
Technical Guidance Manual For Performing Waste Load
				Allocation, Book VI, Design Conditions: Chapter 1, Stream Design Flow for
				Steady-State Modeling, August 1986, US EPA
); or
(iii) Other defensible scientific methods.
For all methods, application of the standards will conform to
				  the magnitude, duration and frequency provisions described in these
				  regulations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-12 - Protection of Wetlands

Current through July 13, 2024
Point or nonpoint sources of pollution shall not cause the
				  destruction, damage, or impairment of naturally occurring wetlands except when
				  mitigated through an authorized wetlands mitigation process When approving
				  mitigation, the department may consider both the ecological functions and the
				  wetland value of the disturbed wetland.
This section does not apply to wetlands created by point or
				  nonpoint sources, nor are such wetlands required to be maintained through
				  continuation of such discharges. Similarly, any man-made wetlands or
				  enhancements which have been credited in the state wetland banking program are
				  not required to be maintained until the credit is used for mitigation purposes.
				  These areas will, however, be protected from discharges of wastes, toxic
				  substances or chemical pollutants as are any other waters of the state.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-13 - Toxic Materials

Current through July 13, 2024
Except for those substances referenced in Sections
				  21(e) and
				  (f) of these regulations, toxic materials
				  attributable to or influenced by the activities of man shall not be present in
				  any Wyoming surface water in concentrations or combinations which constitute
				  "pollution".
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-14 - Dead Animals and Solid Waste

Current through July 13, 2024
Dead animals or solid waste shall not be placed or allowed to
				  remain in Wyoming surface waters. When discovered, removal shall be expeditious
				  unless removal would likely cause more contamination than non-removal. This
				  section should not be interpreted to place a burden on any person to remove
				  dead wildlife from surface waters where the death of the animals occurs under
				  natural or uncontrollable circumstances.
Except as authorized through a 404 permit, solid waste shall
				  not be placed or allowed to remain in surface waters of the state, nor shall
				  solid wastes be placed or allowed to remain in any location which would cause
				  or threaten contamination of Wyoming surface waters.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-15 - Settleable Solids

Current through July 13, 2024
In all Wyoming surface waters, substances attributable to or
				  influenced by the activities of man that will settle to form sludge, bank or
				  bottom deposits shall not be present in quantities which could result in
				  significant aesthetic degradation, significant degradation of habitat for
				  aquatic life, or adversely affect public water supplies, agricultural or
				  industrial water use, plant life or wildlife.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-16 - Floating and Suspended Solids

Current through July 13, 2024
In all Wyoming surface waters, floating and suspended solids
				  attributable to or influenced by the activities of man shall not be present in
				  quantities which could result in significant aesthetic degradation, significant
				  degradation of habitat for aquatic life, or adversely affect public water
				  supplies, agricultural or industrial water use, plant life or wildlife.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-17 - Taste, Odor and Color

Current through July 13, 2024
No Class 1, 2 or 3 waters shall contain substances
				  attributable to or influenced by the activities of man that produce taste, odor
				  and color or that would:
(a) Of
				themselves or in combination, impart an unpalatable or off-flavor in fish
				flesh;
(b) Visibly alter the
				natural color of the water or impart color to skin, clothing, vessels or
				structures;
(c) Produce detectable
				odor; or
(d) Directly or through
				interaction among themselves, or with chemicals used in existing water
				treatment processes, result in concentrations that will impart undesirable
				taste or odor to public water supplies.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-18 - Human Health

Current through July 13, 2024
In all Class 1, 2AB and 2A waters, the "Human Health
				  Consumption of Fish and Drinking Water" values listed in Appendix B of these
				  regulations shall not be exceeded. In all Class 2B, 2C and 2D waters, the
				  "Human Health Consumption of Fish" (consumption of aquatic organisms) values
				  shall not be exceeded.
In certain waters, the criteria listed in Appendix B of these
				  regulations may not be appropriate due to unique physical or chemical
				  conditions. In such cases, human health values may be established using the
				  site-specific procedures outlined in the references listed in Appendix E or
				  other scientifically defensible methods.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-19 - Industrial Water Supply

Current through July 13, 2024
All Wyoming surface waters which have the natural water
				  quality potential for use as an industrial water supply shall be maintained at
				  a quality which allows continued use of such waters for industrial
				  purposes.
Degradation of such waters shall not be of such an extent to
				  cause a measurable increase in raw water treatment costs to the industrial
				  user(s).
Unless otherwise demonstrated, all Wyoming surface waters
				  have the natural water quality potential for use as an industrial water
				  supply.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-20 - Agricultural Water Supply

Current through July 13, 2024
All Wyoming surface waters which have the natural water
				  quality potential for use as an agricultural water supply shall be maintained
				  at a quality which allows continued use of such waters for agricultural
				  purposes.
Degradation of such waters shall not be of such an extent to
				  cause a measurable decrease in crop or livestock production.
Unless otherwise demonstrated, all Wyoming surface waters
				  have the natural water quality potential for use as an agricultural water
				  supply.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-21 - Protection of Aquatic Life

Current through July 13, 2024
(a) Ammonia.
(i) The toxicity of ammonia varies with pH
				and temperature and the applicable limitations are included in the tables in
				Appendix C of these regulations. The numeric ammonia criteria in Appendix C
				apply to all Class 1, 2AB, 2A, 2B and 2C waters.
(ii) In all Class 2D and 3 waters,
				concentrations of ammonia attributable to or influenced by human activities
				shall not be present in concentrations which could result in harmful acute or
				chronic effects to aquatic life, or which would not fully support existing and
				designated uses.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-22 - Radioactive Material

Current through July 13, 2024
(a) In Class 1, 2AB
				and 2A waters, radiological limits of 5 pCi/L for combined radium-226 and
				radium-228, 15 pCi/L for gross alpha particle activity (excluding radon and
				uranium), 30 µg/L for uranium and 4 millirems per year (mrem/year) for
				beta particle and photon radioactivity shall not be exceeded.
(b) In Class 2B, 2C, 2D, 3 and 4 waters, the
				total radium-226 concentration shall not exceed 60 pCi/L.
(c) In all Wyoming surface waters,
				radioactive materials attributable or influenced by the activities of man shall
				not be present in the water or in the sediments in amounts which could cause
				harmful accumulations of radioactivity in plant, wildlife, livestock or aquatic
				life.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-23 - Turbidity

Current through July 13, 2024
(a) In all cold
				water fisheries and/or drinking water supplies (Classes 1, 2AB, 2A and 2B), the
				discharge of substances attributable to or influenced by the activities of man
				shall not be present in quantities which would result in a turbidity increase
				of more than ten (10) nephelometric turbidity units (NTUs).
(b) In all warm water or nongame fisheries
				(Classes 1, 2AB, 2B and 2C), the discharge of substances attributable to or
				influenced by the activities of man shall not be present in quantities which
				would result in a turbidity increase of more than 15 NTUs.
(c) An exception to paragraphs (a) and (b) of
				this section shall apply to:
(i) The North
				Platte River from Guernsey Dam to the Nebraska line during the annual "silt
				run" from Guernsey Dam; and
(ii)
				Short-term increases of turbidity that have been determined by the
				administrator to have only a minimal effect on water uses. Such determinations
				shall be made on a case-by-case basis and shall be subject to whatever
				controls, monitoring and best management practices are necessary to fully
				maintain and protect all water uses. The procedures used to implement this
				section are described in the
Turbidity Implementation
				Policy
.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-24 - Dissolved Oxygen

Current through July 13, 2024
In all Class 2A, 2D and 3 waters, pollution attributable to
				  the activities of man shall not deplete dissolved oxygen amounts to a level
				  which will result in harmful acute or chronic effects to aquatic life, or which
				  would not fully support existing and designated uses.
In all Class 1, 2AB, 2B and 2C waters, pollution attributable
				  to the activities of man shall not result in a dissolved oxygen content of less
				  than that presented on the chart in Appendix D of these regulations.