reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 10 - LIMITED MINING OPERATIONS FOR FIFTEEN ACRES OR LESS OF AFFECTED LAND › Section 10-2 - Bond

Current through July 13, 2024
The operator shall file a bond pursuant to W.S. §
									
										35-11-401(e)(vi)(B) in the
				  amount of two thousand dollars ($2,000.00) per acre, except for quarries for
				  which the bond amount shall not exceed three thousand dollars ($3,000.00) per
				  acre of affected land. Roads used to access the mining operation must be
				  included in the acreage total when calculating bond amounts. Within ninety (90)
				  days after limited mining operations commence, the Administrator may require
				  the operator to post an additional bond per acre of affected land if it is
				  determined that such amount is necessary to insure reclamation. The operator
				  shall post the additional bond not later than thirty (30) days after receipt of
				  such notification.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 10 - LIMITED MINING OPERATIONS FOR FIFTEEN ACRES OR LESS OF AFFECTED LAND › Section 10-3 - Annual Reports

Current through July 13, 2024
The operator shall file annual reports pursuant to W.S.
				  §
									
										35-11-401(k).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 10 - LIMITED MINING OPERATIONS FOR FIFTEEN ACRES OR LESS OF AFFECTED LAND › Section 10-4 - Operation

Current through July 13, 2024
(a) A sign shall be
				posted and maintained at the entrance of the operation that, at a minimum,
				clearly shows:
(i) The name, address, and
				telephone number of the operator;
(ii) The name of the operator's local
				authorized agent; and
(iii) The LQD
				limited mining operation number.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 10 - LIMITED MINING OPERATIONS FOR FIFTEEN ACRES OR LESS OF AFFECTED LAND › Section 10-5 - Reclamation

Current through July 13, 2024
(a) After the
				mining operations have ceased the operator shall notify the Administrator of
				such fact and commence reclamation and restoration. Provided however, that
				immediate reclamation will not be required if the landowner advises the
				Department in writing of his intent to further utilize the product of the mine,
				and if he assumes the obligation of reclamation and furnishes an appropriate
				bond to the Administrator.
(b) The
				reclamation of the affected lands shall be in accordance with the following:
(i) Reclamation shall be consistent with the
				proposed postmining land use.
(ii)
				On commencement of reclamation the topsoil shall be redistributed evenly over
				the affected area.
(iii) The
				affected land shall be reclaimed using sound agricultural practices. Surface
				preparation of affected areas to be seeded, seed types, amounts, methods of
				seeding and time shall be subjected to approval by the Division prior to
				seeding.
(iv) Mulching and/or
				fertilization may be required at the Administrator's discretion to ensure
				revegetation.
(v) Petroleum wastes
				and other toxic materials shall be disposed of by methods which ensure that
				topsoil, vegetation, surface water and groundwater are not
				contaminated.
(vi) For soft rock
				operations, final slopes shall be gentle enough to allow for contour seeding
				and final topography shall be approved by the Division, provided that the final
				slope shall not be greater than a ratio of 3:1.
(vii) For hard rock operations, whenever
				possible, the highwall shall be reduced to no greater than a 3:1 slope. The
				operator must demonstrate the stability of any steeper slope or of any
				remaining highwall, so that the reclaimed area is left in a condition so as not
				to create a potential erosion problem or safety hazard to the public or
				wildlife. Slopes, including any remaining highwall, shall be modified to blend
				as much as possible to the native landscape.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 10 - LIMITED MINING OPERATIONS FOR FIFTEEN ACRES OR LESS OF AFFECTED LAND › Section 10-6 - Renewals

Current through July 13, 2024
Limited mining operations may be renewed after five (5) years
				  from the date of commencement. An applicant seeking renewal beyond the initial
				  five (5) year period shall file a notification to extend operations on a form
				  provided by the Division. The notification to extend operations shall be filed
				  with the operator's fifth annual report and, for successive renewals, with an
				  annual report every five (5) years thereafter.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 10 - LIMITED MINING OPERATIONS FOR FIFTEEN ACRES OR LESS OF AFFECTED LAND › Section 10-7 - Transfers

Current through July 13, 2024
The right to operate under a limited mining exemption may be
				  transferred to a new operator with written approval of the existing operator
				  and written acceptance by the Administrator, provided the new operator submits
				  a new notification and bond required for the new operation and assumes the
				  reclamation liability of the existing operator and does not violate the
				  limitations provided in Section 9 below.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 10 - LIMITED MINING OPERATIONS FOR FIFTEEN ACRES OR LESS OF AFFECTED LAND › Section 10-8 - Release of Bonds and Forfeiture of Bonds

Current through July 13, 2024
Bond release. Forfeiture and cancellation shall be handled as
				  provided in W.S. §§
									
										35-11-417 through
				  35-11-424.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 10 - LIMITED MINING OPERATIONS FOR FIFTEEN ACRES OR LESS OF AFFECTED LAND › Section 10-9 - Limitation of Operations

Current through July 13, 2024
(a) The operator
				will not be allowed to:
(i) Conduct more than
				one operation under W.S. §
										
											35-11-401(e)(vi) within
				adjacent areas when the operations are to mine the same minerals, or
(ii) Conduct more than one operation of
				fifteen (15) acres or less within any six-mile radius when the two operations
				are to mine the same mineral, so as to circumvent the general requirements of
				the Environmental Quality Act. The Administrator may allow two operations for
				the same mineral within the six-mile radius if one of the operations has
				completed reclamation work and is awaiting bond release. Complete reclamation
				for the purposes of this section means backfilling, grading, topsoil
				application and final seeding activities have been completed.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-1 - Definitions

Current through July 13, 2024
(a) "Abandoned
				well" means a well whose use has been permanently discontinued or which is in a
				state of disrepair such that it cannot be used for its intended purpose or for
				observation purposes.
(b) "Annular
				space" means the space between the well casing and the borehole or the space
				between two or more strings of well casing.
(c) "Area Permit" means that, for the
				purposes of this Chapter, the Administrator may issue a permit on an area
				basis, rather than for each well individually, provided that the permit is for
				UIC Class III wells:
(i) Described and
				identified by location in permit application(s) if the wells are existing
				wells, except that the Administrator may accept a single description of wells
				with substantially the same characteristics;
(ii) Within the same well field, facility
				site, reservoir, project, or similar unit in the same state;
(iii) Operated by a single owner or operator;
				and
(iv) That are not used to
				inject hazardous waste.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-2 - General Requirements

Current through July 13, 2024
(a) All
				applications for mining permits and amendments must be submitted in a format
				satisfactory to the Administrator. The applicant shall provide information that
				is complete, current, presented clearly and concisely, and supported by
				appropriate references to technical and other written material. The
				Administrator may require the applicant to supplement the application with
				information beyond that specifically required by these rules if the
				Administrator believes that additional information is necessary to make an
				informed decision.
(b) In addition
				to the requirements of this Chapter, Chapter 7 of the Land Quality Noncoal
				Rules shall apply to in situ mining and Research and Development License
				operations.
(c) Applicable sections
				of Chapters 8 and 27 of the Water Quality Rules, regarding groundwater use
				classification, quality standards, and testing procedures, and, outside the
				aquifer exemption boundary, applicable Maximum Contaminant Levels from the U.S.
				Environmental Protection Agency Rules (40 CFR 141), shall also apply to in situ
				mining or Research and Development License operations.
(d) Applications for a permit or Research and
				Development License shall be filed with the Administrator. The applicant shall
				file two copies of the application to the Administrator.
(e) The Division shall prepare a fact sheet
				for each in situ Class III permit application.
(i) The fact sheet shall include, where
				applicable:
(A) A brief description of the
				type of facility or activity which is the subject of the draft
				permit;
(B) The type and quantity
				of wastes, fluids, or pollutants which are proposed to be or are being treated,
				stored, disposed of, injected, emitted, or discharged;
(C) Reasons why any requested variances or
				alternatives to required standards do or do not appear justified;
(D) A description of the procedures for
				reaching a final decision on the draft permit including:
(I) The beginning and ending dates of the
				comment period and the address where comments will be received;
(II) Procedures for requesting a hearing and
				the nature of that hearing; and
(III) Any other procedures by the public may
				participate in the final decision.
(E) The name and telephone number of a person
				to contact for additional information.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-3 - Application Content Requirements - Adjudication

Current through July 13, 2024
(a) All
				applications for a permit must include, at a minimum, the information and
				materials required in: W.S. §
									35-11-428
				and Chapter 2, Sections
				1 and
				2(a)(i)(A) through
				(J) of these rules and:
(i) A description of the activities conducted
				by the applicant for which permits are required under: the Resource
				Conservation and Recovery Act (RCRA), the UIC program of the Safe Drinking
				Water Act; the National Pollution Discharge Elimination System (NPDES) program
				of the Clean Water Act; and the Prevention of Significant Deterioration program
				of the Clean Air Act.
(ii) A
				listing of all permits or construction approvals received or applied for in
				association with the in situ permit area under the following programs:
(A) Hazardous Waste Management program under
				RCRA;
(B) UIC program under the
				Safe Drinking Water Act (as it pertains to wells other than Class III
				wells);
(C) Aquifer exemption from
				the EPA;
(D) NPDES program under
				the Clean Water Act (CWA);
(E)
				Prevention of Significant Deterioration (PSD) program under the Clean Air Act
				(CAA);
(F) Nonattainment program
				under the CAA;
(G) National
				Emission Standards for Hazardous Pollutants preconstruction approval under the
				CAA;
(H) Dredge and fill permits
				under Section 404 of the CWA;
(I)
				U.S. Nuclear Regulatory Commission, or Wyoming Uranium Recovery Program, Source
				Material License; or
(J) Other
				relevant environmental permits, including State permits.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-6 - Application Content Requirements - Reclamation Plan

Current through July 13, 2024
(a) All
				applications for a permit shall include, at a minimum, the information and
				materials related to reclamation required in: W.S. §§
									35-11-428
				and
				35-11-429,
				Chapter 2, Section
				1, and Chapter 3, Section
				2
				(excepting Subsections (b)(ii) and (iii), (c)(iv), and (h) and with respect to
				subsection (k)(i), as modified in Section 6(a)(iv) of this Chapter); and
(i) Discussion and illustration of the
				proposed groundwater restoration schedule, including:
(A) A list of the proposed
				wellfields;
(B) Map(s) showing the
				proposed sequence for restoration of the wellfields;
(C) A proposed time schedule for each
				wellfield;
(D) The capacity of the
				water/waste water treatment systems and correlation of the capacity with the
				mining and restoration schedules.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-7 - Research and Development License Application

Current through July 13, 2024
(a) All
				applications for a Research and Development License shall include, at a
				minimum, the information and materials related to reclamation required by W.S.
				§
									35-11-431
				and Sections
				8 through
				12 and
				15 through
				20 of this Chapter, and shall:
(i) Demonstrate that the operation is
				designed to:
(A) Evaluate mineability or
				workability of a mineral deposit using in situ mining techniques;
(B) Affect the land surface, surface waters
				and groundwater of the State to the minimum extent necessary; and
(C) Provide pre-mining, operational and
				post-mining data, information and experience that will be used for developing
				reclamation techniques for in situ mining.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-8 - Well Construction Requirements

Current through July 13, 2024
Construction requirements listed in Sections 8(a) through
				  8(f) of this Chapter are applicable to all wells installed for activities
				  related to in situ mining, including pre-mining aquifer groundwater sampling
				  and pumping tests. Additional requirements for Class III injection wells are
				  included in Section 8(g). Additional requirements for monitoring wells are
				  included in Section 8(h). The Administrator may grant a deviation from the
				  requirements of this Section, except those in Section 8(g), provided the
				  operator can supply documentation of reliability, mechanical integrity, design
				  and construction to protect ground water of the state.
(a) Methods for well construction shall:
(i) Be approved by the Administrator and
				included in the permit or Research and Development License application (per
				Section
				5(a)(xiv) of this
				Chapter);
(ii) Constitute a
				condition of the permit;
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-11 - Aquifer Classification and Exemption

Current through July 13, 2024
(a) Injections from
				Class III wells shall be restricted to those production zones that:
(i) Have been classified by the Department as
				Class V aquifers under Chapter 8 of the Water Quality Rules;
(ii) Have concentrations of Total Dissolved
				Solids:
(A) Less than 10,000 milligrams per
				liter; meet the definition of an "Underground Source of Water" as defined in
				Section
				1 of this Chapter; and have been approved
				as an exempted aquifer by the EPA pursuant to Section 11(b) of this Chapter;
				or
(B) Greater than 10,000
				milligrams per liter; and
(iii) Are located in a geologic and
				hydrologic setting in which movement of fluid, containing any contaminant into
				unauthorized zones can be prevented.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-12 - Permit and Research and Development License Requirements

Current through July 13, 2024
(a) Every permits
				and Research and Development Testing Licenses shall include the following
				provisions, either expressly or by reference:
(i) The operator has a duty to comply with
				all terms and requirements of the approved permit or Research and Development
				License.
(A) Any permit or Research and
				Development License noncompliance is grounds for enforcement action and any
				Research and Development License noncompliance is grounds for denial of a
				Research and Development License renewal application.
(B) The filing of a request by the operator
				for a permit or Research and Development License revision per Chapter 7 or
				Section
				14 of this Chapter does not waive any
				permit or Research and Development License condition.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-13 - Duration of Permits

Current through July 13, 2024
(a) Permits shall
				be issued:
(i) For a period coinciding with
				the estimated schedules for termination of all mining and reclamation
				activities in conformance with the approved mining plan (Section
				5(a)(ii)) and reclamation
				plan (Section
				6(a)(i)) as provided in
				W.S. §§
										
											35-11-405(a) and (b);
				and
(ii) With the option for
				revising the mining and reclamation schedules, as provided in W.S. §§
										
											35-11-411(a)(iii) and
				35-11-429(a)(iv).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-14 - Revisions to Class III Well Portions of an In Situ Mine Permit or Research and Development License

Current through July 13, 2024
(a) A permit,
				license to mine, or Research and Development License may be revised to address:
(i) A permit condition per Section
				12 of this Chapter;
(ii) An excursion or other aspect of
				noncompliance per Sections
				18 and
				19 of this
				Chapter and
				W.S.
				35-11-429(a)(ii);
				or
(iii) A corrective action or
				compliance schedule per Section
				20 of this Chapter;
(iv) A concern noted during the five-year
				review per Section
				13 of this Chapter;
(v) An objection by the Administrator to a
				part of the Annual Report per W.S. §
										35-11-411(b);
				or
(vi) A change that could
				jeopardize reclamation or protection of any waters of the state per
				W.S.
				35-11-429(a)(iv).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-15 - Reporting Requirements

Current through July 13, 2024
(a) All chemical
				analyses submitted to the Administrator in accordance with a valid permit or
				Research and Development License shall include:
(i) A description of, or reference for, the
				procedures and methods used for sample collection, preservation, and quality
				control;
(ii) The name, address,
				and telephone number of the laboratory performing the analyses, and the
				laboratory identification number; and
(iii) Signatures as required by Section
				2(g) of this
				Chapter.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-16 - Monitoring Requirements

Current through July 13, 2024
(a) A detailed
				monitoring program shall be approved by the Administrator and included in the
				permit or Research and Development License application, as required by Section
				5(a)(xv) of this Chapter,
				and shall constitute a requirement of the permit or license. The program shall
				describe the procedures for monitoring the quantity and quality of waters that
				may be affected by the operation before mining through reclamation and shall,
				at a minimum, specify:
(i) Requirements for:
(A) The proper use, maintenance, and
				installation, when appropriate, of monitoring equipment or methods (including
				biological monitoring methods);
(B)
				The intervals and frequency of monitoring, sufficient to yield data which are
				representative of the monitored activity, including continuous monitoring when
				appropriate; and
(C) Tests and
				methods used to generate monitoring data.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-17 - Maintenance and Retention of Records

Current through July 13, 2024
(a) The operator
				shall maintain records at the mine site in accordance with W.S. §
									35-11-430(b),
				including, for any laboratory analyses that an operator is allowed to retain on
				site for inspection rather than submit to the Administrator:
(i) A description of, or reference for, the
				procedures and methods used for sample collection, preservation, and quality
				control; and
(ii) The name,
				address, and telephone number of the laboratory performing the analyses, and
				the laboratory identification number.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-18 - Noncompliance

Current through July 13, 2024
(a) The operator
				shall:
(i) Verbally report to the
				Administrator any noncompliance which may endanger public health or the
				environment, within 24 hours of the time the operator becomes aware of the
				occurrence, including:
(A) Any monitoring or
				other information which indicates that any contaminant may endanger an
				Underground Source of Water (USW) or unauthorized zone; and
(B) Any noncompliance with a permit or
				Research and Development License or malfunction of the injection system which
				may cause fluid migration into, or between USWs or unauthorized
				zones.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-19 - Excursions

Current through July 13, 2024
(a) "Confirmation"
				of an excursion occurs when an excursion detected in a regularly scheduled
				sampling event is subsequently detected in a second or third sampling event
				conducted in accordance with the following requirements:
(i) The second sampling event shall be
				conducted within 24 hours of the receipt of the results from the first sampling
				event in which the excursion was initially detected. If the results from the
				first and second sampling event both indicate an excursion has occurred, then
				the excursion will be considered confirmed for the purpose of meeting the
				reporting requirements of W.S. §
										35-11-429(a)(i).
(ii) If the results from the first and second
				sampling events provide conflicting information about whether or not an
				excursion has occurred, then a third sampling event must be conducted within 24
				hours of the receipt of the results from the second sampling event. However, if
				the results of the confirmatory sampling are not complete within thirty days of
				the initial sampling event which indicated an excursion might be present, then
				the excursion will be considered confirmed for the purpose of meeting the
				reporting requirements of W.S. §
										35-11-429(a)(i).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-20 - Corrective Actions and Compliance Schedules

Current through July 13, 2024
(a) Corrective
				actions are required when a well is improperly sealed, completed, or abandoned,
				in which case operators shall provide the well information, as required in
				Sections
				4(a)(xi) and
				(xii) of this Chapter, and the corrective
				action plan as required in Section
				5(a) (xvii) of this
				Chapter. Where the Administrator's review of the plan indicates that the
				operator's plan is inadequate (based on the factors presented below), the
				Director may require the operator to revise the plan, prescribe a plan for
				corrective action as a term and condition of the permit, or deny the
				application.
(b) In determining the
				adequacy of corrective action proposed by the operator and in determining the
				additional steps needed to prevent fluid movement into an unauthorized zone,
				the Administrator shall consider the following criteria and factors:
(i) Nature and volume of injected
				fluid;
(ii) Chemical nature and
				volume of native groundwater;
(iii)
				Compatibility of injected fluid and native groundwater;
(iv) Potentially affected
				population;
(v) Geology;
(vi) Hydrology;
(vii) Proposed method of operation as
				required by Section
				5(a)(x) of this Chapter or
				history of the injection operation if the corrective action is needed in
				response to amending new wells into an existing operation;
(viii) Completion and plugging
				records;
(ix) Plugging procedures
				in effect at the time the well was abandoned; and
(x) Hydraulic connections with unauthorized
				zones.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-21 - Public Notice, Public Hearing, Comment, and Decision Requirements

Current through July 13, 2024
(a) In addition to
				the requirements of W.S. §§
									35-11-406(g),
				(j), and (q) and Chapter 7, public notice for
				actions related to in situ permits or Research and Development Licenses, except
				permit or license revocation, shall be given by the following methods. Public
				notice for permit or license revocation shall be given by the methods in
				Section
				23 of this
				Chapter.
(i) All public notices issued under
				this Section shall contain the following:
(A)
				Name and address of the office processing the permit action for which notice is
				being given;
(B) Name and address
				of the operator and, if different, of the facility or activity regulated by the
				permit;
(C) A brief description of
				the business conducted at the facility or activity;
(D) Name, address and telephone number of a
				person from whom interested persons may obtain further information;
(E) A brief description of the comment
				procedures, including a statement of procedures to request a hearing or, if a
				hearing has already been scheduled, the time and place of that hearing, and
				other procedures by which the public may participate in the final permit
				decision; and
(F) Any additional
				information considered necessary or proper.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-22 - Confidential Records

Current through July 13, 2024
(a) Information
				submitted to satisfy the requirements of this Chapter may be held confidential
				pursuant to W.S. §
									35-11-1101.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 11 - IN SITU MINING › Section 11-23 - Revocation

Current through July 13, 2024
(a) A permit,
				license to mine, or Research and Development License may be revoked by the
				Administrator to address one or more of the following:
(i) Revocation may be necessary to address:
(A) An excursion or other aspect of
				noncompliance per Sections
				18 and
				19 of this
				Chapter; or
(B) One of the items
				listed in Section 23(b).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 12 - NONCOAL LETTERS OF CREDIT › Section 12-1 - Conditions on the Letter of Credit

Current through July 13, 2024
(a) Letters of
				credit as authorized by
				W.S.
				35-11-418, shall be subject to the following
				conditions:
(i) The letter shall be
				irrevocable during its term, which shall coincide with the annual bonding
				period. The Administrator may approve the use of letters of credit as security
				in accordance with a schedule approved with the permit. Any bank issuing a
				letter of credit shall notify the Director in writing at least 90 days prior to
				the maturity date of such letter or the expiration of the letter of credit
				agreement. Letters of credit utilized as security in areas requiring continuous
				bond coverage shall be forfeited and collected by the Director if not replaced
				by other suitable evidence of financial responsibility at least 30 days before
				the expiration date of the letter of credit agreement;
(ii) The letter must be payable to the
				Department in part or in full upon demand and receipt from the Director of a
				notice of forfeiture issued in accordance with W.S. W.S.
				W.S.
				35-11-421;
(iii) The letter shall not be in excess of 10
				percent of the bank's capital surplus account as shown on a balance sheet
				certified by a certified public accountant;
(iv) The Administrator shall not accept
				letters of credit from a bank for any person, on all permits held by that
				person, in excess of three times the limitation imposed by W.S. W.S.
				W.S.
				13-3-402;
(v) The letter of credit shall provide that:
(A) The bank will give prompt notice to the
				permittee and the Director of any notice received or action filed alleging the
				insolvency or bankruptcy of the bank, or alleging any violations of regulatory
				requirements which could result in suspension or revocation of the bank's
				charter or license to do business;
(B) In the event the bank becomes unable to
				fulfill its obligations under the letter of credit for any reason, notice shall
				be given immediately to the permittee and the Director; and
(C) Upon the incapacity of a bank by reason
				charter or license, the permittee shall be deemed to be without performance
				bond coverage in violation of the Act. The Director shall issue a notice of
				violation against any operator who is without bond coverage, specifying a
				reasonable period to replace bond coverage, not to exceed 90 days. During this
				period the Director or his designated representative shall conduct weekly
				inspections to ensure continuing compliance with other permit requirements, the
				regulations and the Act. If the notice is not abated in accordance with the
				schedule, a cessation order shall be issued.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 12 - NONCOAL LETTERS OF CREDIT › Section 12-2 - Agent for Service of Process

Current through July 13, 2024
(a) The letter may
				only be issued by a bank organized to do business in the U.S. which identifies
				by name, address, and telephone number an agent upon whom any process, notice
				or demand required or permitted by law to be served upon the bank, may be
				served.
(i) If the bank fails to appoint or
				maintain an agent in this State, or whenever any such agent cannot be
				reasonably found, then the Director shall be an agent for such bank upon whom
				any process, notice or demand may be served for the purpose of this Chapter. In
				the event of any such process, the Director shall immediately cause one copy of
				such process, notice or demand to be forwarded by registered mail to the bank
				at its principal place of business. The Director shall keep a record of all
				processes, notices, or demands served upon him under this paragraph, and shall
				record therein the time of such service and his action with reference
				thereto;
(ii) Nothing herein
				contained shall limit or affect the right to serve any process, notice or
				demand required or permitted by law to be served upon the bank in any other
				manner now or hereafter permitted by law.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 13 - NONCOAL REQUIREMENTS FOR EXISTING BENTONITE MINING OPERATIONS › Section 13-1 - Applicability

Current through July 13, 2024
The provisions of this Chapter apply to all bentonite
				  operations permitted as of August 31, 1981. If a conflict occurs between any
				  particular requirements of this Chapter and any other Chapter of Land Quality
				  Division Rules and Regulations, this Chapter shall be
				  controlling.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 13 - NONCOAL REQUIREMENTS FOR EXISTING BENTONITE MINING OPERATIONS › Section 13-2 - Information Submittal Requirements

Current through July 13, 2024
(a) Except as
				required to implement the provisions of (b) below, the requirements of Chapter
				2, Land Quality Division Rules and Regulations, shall not apply to previously
				issued bentonite mining permits.
(b) For lands for which permits were issued
				by August 31, 1981, but which have not been affected by August 31, 1981, the
				following general information shall be provided to the Administrator:
(i) The location, extent, and time schedule
				for mining and reclamation operations.
(ii) A description of overburden, topsoil and
				subsoil present and a plan for removal, handling and stockpiling of it. For
				soil surveys, the SCS Order 2 Soils Survey and Soils Analysis shall be
				used.
(iii) Establishment of
				vegetation data to fulfill the requirements of Section
				3(a)(ii) below.
(iv) The applicant shall consult with both
				the Wyoming Game and Fish Department and the U.S. Fish and Wildlife Service
				prior to submission of the mine and reclamation plan. The Administrator shall
				also consult with both wildlife agencies during review of the proposed mine and
				reclamation plan. The Administrator shall review recommendations from the
				wildlife agencies and may reject recommendations that are outside the scope of
				the Act. Those recommendations accepted by the Administrator shall be presented
				to the applicant for their review and comment. Those recommended mitigation
				plans from the wildlife agencies resulting from review and comment and accepted
				by the Administrator shall be incorporated into the mine and reclamation
				plan.
(v) A reclamation plan for
				the lands identified in (i) including the proposed revegetation and/or any
				reclamation features planned for those sites such as impoundments, spoil piles
				and the final grading plans.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 1 - GENERAL RULES › Section 1-1 - Authority

Current through July 13, 2024
(a) These rules are
				promulgated as authorized by the Wyoming Administrative Procedure Act,
				W.S.
				16-3-101 through
				16-3-115,
				and the Wyoming Environmental Quality Act, as defined by
				W.S.
				35-11-103(a)(xiii). These
				rules shall apply in all proceedings before the Department of Environmental
				Quality and the Environmental Quality Council.
(b) In case of conflict between these rules
				and the provisions of the Wyoming Administrative Procedure Act or the Wyoming
				Environmental Quality Act, those acts shall govern. In case of conflict between
				the Wyoming Administrative Procedure Act and the Wyoming Environmental Quality
				Act, the Wyoming Environmental Quality Act shall govern.
(c) All hearings before the Council shall be
				held pursuant to these rules, the provisions of the Wyoming Environmental
				Quality Act, and, to the extent they do not conflict, the Wyoming
				Administrative Procedure Act.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 1 - GENERAL RULES › Section 1-2 - Definitions

Current through July 13, 2024
The following definitions are intended to supplement the
				  definitions set forth and contained in the Wyoming Administrative Procedure Act
				  and the Wyoming Environmental Quality Act:
(a) "Attorney" means an attorney licensed to
				practice law in the State of Wyoming or an attorney who is licensed to practice
				law in another state and who is associated with an attorney licensed to
				practice law in the State of Wyoming;
(b) "Contested case" means a proceeding in
				which legal rights, duties, or privileges of a party are required by law to be
				determined by the Council after an opportunity for hearing;
(c) "Council" means the Environmental Quality
				Council;
(d) "Hearing officer"
				means a person designated by the Chair of the Council to conduct contested case
				and rulemaking hearings;
(e)
				"Office" means the Office of Administrative Hearings;
(f) "Petition" means a written request for
				relief, submitted to the Council, in accordance with the Wyoming Environmental
				Quality Act;
(g) "Petitioner" means
				a person who submits a written request for relief to the Council in accordance
				with the Wyoming Environmental Quality Act;
(h) "Representative" means an individual
				other than an attorney who is authorized to function in a representative
				capacity on behalf of a party to a contested case;
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 1 - GENERAL RULES › Section 1-3 - Computation of Time

Current through July 13, 2024
(a) In computing
				any period of time prescribed or allowed by these rules, by order or by any
				applicable statutes or regulations, the day of the act, event, or default from
				which the designated period of time begins to run shall not be included. The
				last day of the period so computed shall be included, unless it is a Saturday,
				a Sunday, or a legal holiday, or, when the act to be done is the filing of a
				paper, a day on which weather or other conditions have made agency offices
				inaccessible, in which event the period runs until the end of the following day
				which is not one of the aforementioned days. When the period of time prescribed
				or allowed is less than eleven (11) days, intermediate Saturdays, Sundays, and
				legal holidays shall be excluded in the computation. As used in this rule,
				"legal holiday" includes any day officially recognized as a legal holiday in
				this state by designation of the legislature or appointment as a holiday by the
				governor.
(b) Whenever a party has
				the right or is required to do some act within a prescribed period after the
				service of a notice or other paper upon the party, and the notice or paper is
				served upon the party by mail or by delivery to the agency for service, three
				(3) days shall be added to the prescribed period. The three-day provision does
				not apply to rulemaking deadlines.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 1 - GENERAL RULES › Section 1-4 - Notice of Hearing

Current through July 13, 2024
(a) The Council or
				its designee shall provide notice of any hearing, which shall include:
(i) The time, place, and nature of the
				hearing;
(ii) The legal authority
				and jurisdiction under which the hearing is to be held;
(iii) The particular sections of the statutes
				and rules involved; and
(iv) A
				short and plain statement of the matters asserted. If the Council is unable to
				state the matters in detail at the time the notice is provided, the initial
				notice may be limited to a statement of the issues involved, and upon a party's
				request, a more definite and detailed statement shall be furnished.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 1 - GENERAL RULES › Section 1-5 - Record of Proceedings

Current through July 13, 2024
The Council or Department shall make appropriate arrangements
				  to assure that a record of the proceeding is kept pursuant to
				  W.S.
				  16-3-107(o) and (p), as
				  appropriate. Copies of the transcript taken at any hearing may be obtained by
				  any party, interested person, or entity from the court reporter taking the
				  testimony at such fee as the reporter may charge.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 1 - GENERAL RULES › Section 1-6 - Contested Surface Water Discharge Permit Hearings

Current through July 13, 2024
Members of the Council shall recuse themselves from contested
				  case proceedings involving the review of surface water discharge permits if
				  they receive, or have during the previous 2 years received, a significant
				  portion of income directly or indirectly from permit holders or applicants for
				  a permit, as required by the Clean Water Act, Section 304(i)(D),
				  33 U.S.C. §
										1314(i)(D), and
				  40
				  C.F.R. § 123.25(c).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 1 - GENERAL RULES › Section 1-7 - Air Quality Division, State Implementation Plan

Current through July 13, 2024
(a) The following
				are the only requirements in these procedural rules that are part of the Air
				Quality Division's State Implementation Plan:
(i) The Council shall have at least a
				majority of members who represent the public interest and do not derive a
				significant portion of their income from persons subject to Air Quality permits
				or enforcement orders, as required by the Clean Air Act, Section 128(a)(1),
				42
				U.S.C. §
											7428(a)(1);
(ii) Members of the Council shall disclose
				any potential conflicts of interest in a public meeting of the Council, as
				required by the Clean Air Act, Section 128(a)(2),
				42
				U.S.C. §
											7428(a)(2).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 1 - GENERAL RULES › Section 1-8 - Appeals to Council

Current through July 13, 2024
(a) Where
				authorized by the Wyoming Environmental Quality Act, appeals to the Council
				from final actions of the Administrators or Director shall be made within
				thirty (30) days of notification of such action.
(b) Within thirty (30) days after
				notification of the Director's decision following an informal conference
				governed by Chapter 9, Section
				2 of these rules, the applicant or any
				person with an interest that is or may be adversely affected may appeal the
				decision to the Council for a hearing in accordance with Chapters 1 and 2 of
				these rules. The Director shall notify all persons who submitted timely public
				comments on the underlying application. The Council shall start the hearing
				within thirty (30) days of the request for a hearing. The Council shall make a
				final written decision within thirty (30) days after the hearing and furnish
				the decision to the applicant and all parties to the hearing.
(c) Where a hearing is requested under
				subsection (b) of this section, the Council may, under such conditions as it
				may prescribe, grant such temporary relief as it deems appropriate pending
				final determination of the proceedings if:
(i)
				All parties to the proceedings have been notified and given an opportunity to
				be heard on a request for temporary relief;
(ii) The persons requesting that relief show
				that there is a substantial likelihood that they will prevail on the merits of
				the final determination of the proceeding;
(iii) Such relief will not adversely affect
				the public health or safety or cause significant imminent environmental harm to
				land, air, or water resources; and
(iv) The relief sought is not the issuance of
				a permit where a permit has been denied by the Director, except that
				continuation under an existing permit may be allowed where the operation has a
				valid permit issued under W.S. §
										
											35-11-406.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 1 - GENERAL RULES › Section 1-10 - Incorporation by Reference

Current through July 13, 2024
(a) These rules
				incorporate by reference the following statutes, rules, and regulations, as in
				effect of July 1, 2016:
(i) Section 128(a) of
				the Clean Air Act,
				42
				U.S.C. §
											7428(a),
				available at:
https://www.gpo.gov/fdsys/
;
(ii) Section 304(i)(d) of the Clean Water
				Act,
				33 U.S.C. §
											1314(i)(d), available at:
https://www.gpo.gov/fdsys/
;
				and
(iii)
										40 C.F.R. §
											123.25(c), available at:
http://www.ecfr.gov
.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 1 - GENERAL RULES › Section 1-11 - Public Records

Current through July 13, 2024
(a) These rules
				incorporate by reference the following rules and regulations, in effect as of
				September 6, 2016:
(i) Wyoming Department of
				Administration and Information, Director's Office, Chapter 2, Uniform
				Procedures, Fees, Costs, and Charges for Inspection, Copying, and Producing
				Public Records, available at
https://rules.wyo.gov
.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 1 - GENERAL RULES › Section 1-12 - Deviation and Amendment

Current through July 13, 2024
(a) The Council may
				permit deviations from these rules insofar as it may find compliance therewith
				to be impossible or impracticable.
(b) Any amendments to these rules shall
				become effective as provided by
				W.S.
				9-4-103 and
				9-4-104.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 1 - GENERAL RULES › Section 1-13 - Exclusion

Current through July 13, 2024
(a) Nothing in
				these Rules shall be construed as prohibiting the Environmental Quality council
				and the Administrators of the Divisions of Land, Air, or Water Quality or their
				designee from holding informational proceedings, hearings, or conferences for
				the purpose of aiding the Council or the Administrator in ascertaining and
				determining facts necessary for the performance of their respective duties. Any
				person believing himself aggrieved by a determination made by the Administrator
				or his designee following an informational proceeding, hearing, or conference
				and who is otherwise entitled thereto, may upon filing a petition or complaint
				with the Council, obtain a full hearing or review upon the merits, which matter
				shall be heard and tried de novo.
(b) Disrespectful, disorderly or contumacious
				language or contemptuous conduct, refusal to comply with directions, continued
				use of dilatory tactics, or refusal to adhere to reasonable standards of
				orderly and ethical conduct, at any hearing before the Council, shall
				constitute grounds for immediate exclusion before the hearing.