reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-25 - Temperature

Current through July 13, 2024
(a) For Class 1, 2
				and 3 waters, pollution attributable to the activities of man shall not change
				ambient water temperatures to levels which result in harmful acute or chronic
				effects to aquatic life, or which would not fully support existing and
				designated uses.
(b) When ambient
				temperatures are above 60 degrees Fahrenheit (15.6 degrees Celsius) in all
				Class 1, 2AB and 2B waters which are cold water fisheries, pollution
				attributable to the activities of man shall not result in an increase of more
				than 2 degrees Fahrenheit (1.1 degree Celsius) in existing
				temperatures.
(c) When ambient
				temperatures are above 60 degrees Fahrenheit (15.6 degrees Celsius) in all
				Class 1, 2AB, 2B and 2C waters which are warm water fisheries, pollution
				attributable to the activities of man shall not result in an increase of more
				than 4 degrees Fahrenheit (2.2 degrees Celsius) in existing
				temperatures.
(d) Except on Class
				2D, 3 and 4 waters, the maximum allowable stream temperature will be the
				maximum natural daily stream temperature plus the allowable change, provided
				that this temperature is not lethal to existing fish life and under no
				circumstance shall pollution attributable to the activities of man result in a
				temperature that exceeds 68 degrees Fahrenheit (20 degrees Celsius) in the case
				of cold water fisheries and 86 degrees Fahrenheit (30 degrees Celsius) in the
				case of warm water fisheries.
(e)
				With the exception of the provisions of Sections
				9 and
				11
				of these regulations and other natural conditions, temperature standards shall
				apply at all times and at all depths of the receiving water and may not be
				violated at any time or at any depth.
(f) The various requirements of this section
				may be waived only under the provisions of Section 316(a) of the Clean Water
				Act.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-26 - pH

Current through July 13, 2024
(a) For all Wyoming
				surface waters, pollution attributable to the activities of man shall not be
				present in amounts which will cause the pH to be less than 6.5 or greater than
				9.0 standard units.
(b) For all
				Class 1, 2 and 3 waters, pollution attributable to the activities of man shall
				not change the pH to levels which result in harmful acute or chronic effects to
				aquatic life, directly or in conjunction with other chemical constituents, 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 1-27 - E. coli Bacteria

Current through July 13, 2024
(a) Primary Contact
				Recreation. In all waters designated for primary contact recreation, during the
				summer recreation season (May 1 through September 30), concentrations of
E. coli
bacteria shall not exceed a geometric mean of 126
				organisms per 100 milliliters during any consecutive 60-day period. Primary
				contact waters are identified in the
Wyoming Surface Water
				Classification List
.
(b)
				Secondary Contact Recreation. In all waters designated for secondary contact
				recreation and in waters designated for primary contact recreation during the
				winter recreation season (October 1 through April 30), concentrations of
E. coli
bacteria shall not exceed a geometric mean of 630
				organisms per 100 milliliters during any consecutive 60-day period. Waters will
				be designated for secondary contact recreation through the reclassification and
				use attainability analysis process outlined in Sections
				33 and
				34 of these regulations. Secondary contact
				waters are identified in the
Wyoming Surface Water Classification
				List.
(c) Single-sample
				Maximum Concentrations. During the summer recreation season, on all waters
				designated for primary contact recreation, the following single-sample maximum
				concentrations of
E. coli
bacteria shall apply:
(i) High use swimming areas - 235 organisms
				per 100 milliliters
(ii) Moderate
				full body contact - 298 organisms per 100 milliliters
(iii) Lightly used full body contact - 410
				organisms per 100 milliliters
(iv)
				Infrequently used full body contact - 576 organisms per 100 milliliters
Single-sample maximum values may be used to post recreational
				  use advisories in public recreation areas and to derive single-sample maximum
				  effluent limitations on point source discharges. An exceedance of the
				  single-sample maxima shall not be cause for listing a water body on the State
				  303(d) list or development of a TMDL or watershed plan. The appropriate
				  recreational use category (i through iv, above) shall be determined by the
				  administrator as needed, on a case by case basis. In making such a
				  determination, the administrator may consider such site-specific circumstances
				  as type and frequency of use, time of year, public access, proximity to
				  populated areas and local interests.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-28 - Undesirable Aquatic Life

Current through July 13, 2024
All Wyoming surface waters shall be free from substances and
				  conditions or combinations thereof which are attributable to or influenced by
				  the activities of man, in concentrations which produce undesirable aquatic
				  life.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-29 - Oil and Grease

Current through July 13, 2024
In all Wyoming surface waters, substances attributable to or
				  influenced by the activities of man shall not be present in amounts which would
				  cause:
(a) The oil and grease content
				to exceed 10 mg/L; or
(b) The
				formation of a visible sheen or visible deposits on the bottom or shoreline, or
				damage or impairment of the normal growth, function or reproduction of human,
				animal, plant 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 1-30 - Total Dissolved Gases

Current through July 13, 2024
In all Class 1, 2AB, 2B and 2C waters, the total dissolved
				  gas concentration below man-made dams shall not exceed 110 percent of the
				  saturation value for gases at the existing atmospheric and hydrostatic
				  pressures.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-31 - Colorado Basin Salinity

Current through July 13, 2024
The State of Wyoming is a member of the Colorado River Basin
				  Salinity Control Forum, which includes all states in the Colorado River Basin.
				  This forum has adopted a salinity control program for the basin which has been
				  adopted as Chapter 6 of the Wyoming Water Quality Rules and Regulations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-32 - Biological Criteria

Current through July 13, 2024
Class 1, 2 and 3 waters of the state must be free from
				  substances, whether attributable to human-induced point source discharges or
				  nonpoint source activities, in concentrations or combinations which will
				  adversely alter the structure and function of indigenous or intentionally
				  introduced aquatic communities.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-33 - Reclassifications and Site-Specific Criteria

Current through July 13, 2024
(a) Any person at
				any time may petition the department or the council to change the
				classification, add or remove a designated use or establish site-specific
				criteria on any surface water.
(b)
				The administrator may lower a classification, remove a designated use which is
				not an existing nor attainable use, establish ambient-based criteria on
				effluent dependent waters, make a recommendation to the council to establish
				sub-categories of a use or establish site-specific criteria if it can be
				demonstrated through a use attainability analysis (UAA) that the original
				classification, designated use or water quality criteria are not feasible
				because:
(i) Naturally occurring pollutant
				concentrations prevent the attainment of the classification or use;
				or
(ii) Natural, ephemeral,
				intermittent or low flow conditions or water levels prevent the attainment of
				the use, unless these conditions may be compensated for by the discharge of
				sufficient volume of effluent discharges without violating state water
				conservation requirements to enable uses to be met; or
(iii) Human caused conditions or sources of
				pollution prevent the attainment of the use and cannot be remedied or would
				cause more environmental damage to correct than to leave in place; or
(iv) Dams, diversions or other types of
				hydrologic modifications preclude the attainment of the classification or use,
				and it is not feasible to restore the water body to its original condition or
				to operate such modification in such a way that would result in the attainment
				of the classification or use; or
(v) Physical conditions related to the
				natural features of the water body, such as the lack of a proper substrate,
				cover, flow, depth, pools, riffles, and the like, unrelated to water quality,
				preclude attainment of an aquatic life use; or
(vi) Controls more stringent than those
				required by Sections 301(b) and 306 of the Clean Water Act would result in
				substantial and widespread economic and social impact. This subsection shall
				not apply to the derivation of site-specific criteria.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-34 - Use Attainability Analysis

Current through July 13, 2024
The administrator shall review all petitions submitted under
				  Section
				  33 of these regulations and make a
				  determination based upon the technical merits of the use attainability
				  analysis. Public notice and opportunity for comment shall be provided prior to
				  making this determination.
(a) Any
				changes in water classifications or use designations resulting from the
				administrator's determination shall be submitted to EPA for approval as revised
				water quality standards for Clean Water Act purposes and shall become effective
				either upon EPA approval or 90 days after submittal, whichever comes first. If
				within 90 days of submittal, the EPA determines that any such revised or new
				standard is not consistent with the applicable requirements of the Clean Water
				Act and specifies the changes needed to meet such requirements, the
				administrator may consider EPA's recommendations and publish a revised final
				determination. All determinations made under this subsection are considered
				final actions of the administrator and may be appealed pursuant to Chapter 1,
				Section
				16 of the Rules of Practice and
				Procedure.
(b) Except for
				ambient-based criteria on effluent dependent waters, proposed changes in water
				quality criteria that result from the administrator's findings shall be
				recommended to the council for adoption as revised rules. Ambient-based
				criteria for effluent dependent waters shall be established according to the
				provisions of Section
				36 of these rules. If adopted by the
				council, the revised rules shall be filed with the secretary of state and shall
				become effective 90 days after filing. The revised rules shall also be
				concurrently submitted to EPA for approval as revised water quality standards
				for Clean Water Act purposes. If within 90 days of submittal, the EPA
				determines that any such revised or new standard is not consistent with the
				applicable requirements of the Clean Water Act and specifies the changes needed
				to meet such requirements, the department may recommend a new standard
				incorporating EPA's specifications to the council for adoption.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-35 - Credible Data

Current through July 13, 2024
(a) Development of
				scientifically valid chemical, physical and biological monitoring data shall:
(i) Consist of data collection using accepted
				referenced laboratory and field methods employed by a person who has received
				specialized training and has field experience in developing a monitoring plan,
				a quality assurance plan, and employing the methods outlined in such plans or
				works under the supervision of a person who has these qualifications.
				Specialized training includes a thorough knowledge of written sampling
				protocols and field methods such that the data collection and interpretation
				are reproducible, scientifically defensible and free from preconceived bias;
				and
(ii) Includes documented
				quality assurance consisting of a plan that details how environmental data
				operations are planned, implemented and assessed with respect to quality during
				the duration of the project.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-36 - Effluent Dependent Criteria

Current through July 13, 2024
In addition to the provisions of Section
				  33 of these regulations, the administrator
				  may make modifications to the numeric criteria for pollutants listed in
				  Appendix B on Class 2D and 3D waters. These modifications may be made on a
				  categorical or site-specific basis by application of the following
				  process:
(a) The adopted statewide
				numeric criteria may be modified on Class 2D and 3D waters to reflect ambient
				conditions by developing a UAA demonstrating that the water body is effluent
				dependent and that continued discharge of a permitted effluent to the water
				body has been shown to create a net environmental benefit. Criteria
				modification based on a finding of net environmental benefit is authorized
				where:
(i) The water body is effluent
				dependent;
(ii) The discharge has
				been shown to create an environmental benefit and removal of the discharge
				would cause more environmental harm than leaving it in place;
(iii) There is a credible threat to remove
				the discharge; and
(iv) Appropriate
				safeguards are in place, ensuring that downstream uses will be protected and
				the discharge will pose no health risk or hazard to humans, livestock or
				wildlife.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Section 1-37 - Discharger Specific Variances

Current through July 13, 2024
(a) Following
				public notice and opportunity for comment, including at least one public
				hearing with a minimum of 45-day notice, the administrator may grant a
				permittee a variance to a designated use and water quality criteria for ammonia
				and/or nutrients (e.g., total nitrogen, total phosphorus). The administrator
				may also grant subsequent variances consistent with this section.
(b) A variance shall not be granted if:
(i) the ammonia and/or nutrient water
				quality-based effluent limit can be achieved by implementing technology-based
				effluent limits under sections 301(b) and 306 of the Clean Water Act;
				or
(ii) the variance will result in
				an increase in the discharge of the pollutant.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Appendix D - Minimum Dissolved Oxygen Criteria* (mg/L)

Current through July 13, 2024
Cold Water Criteria
Class 2C and Warm Water
						  Criteria
Early Life Stages(1)(2)
Other Life Stages
Early Life Stages(2)
Other Life Stages
30 Day Mean
n/a(3)
6.5
n/a(3)
5.5
7 Day Mean
9.5 (6.5)
n/a(3)
6.0
n/a(3)
7 Day Mean Minimum(4)
n/a(3)
5.0
n/a(3)
4.0
1 Day Minimum(4)
8.0 (5.0)
4.0
5.0
3.0
*These limitations apply to Class 1, 2AB, 2B and 2C waters
				  only and in no case shall be interpreted to require dissolved oxygen
				  concentrations greater than 100 percent saturation at ambient temperature and
				  elevation. Criteria derived from:
U.S. EPA. 1986. Ambient Water Quality
				  Criteria. EPA 440/5-86-003. National Technical Service, Springfield,
				  VA
.
(1)These are water column
				  concentrations recommended to achieve the required inter-gravel dissolved
				  oxygen concentrations shown in parentheses. For species that have early life
				  stages exposed directly to the water column, the figures in parentheses
				  apply.
(2)Includes all embryonic and larval
				  stages and all juvenile forms to 30-days following hatching.
(3)n/a (not applicable).
(4)All minima should be considered as
				  instantaneous concentrations to be achieved at all times.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Appendix E - References to Develop Site-Specific Criteria and Bioassays

Current through July 13, 2024
U.S. Environmental Protection Agency: Quality Criteria for
				  Water. EPA-440/5-86/001. U.S. EPA, 1986.
U.S. Environmental Protection Agency: Ambient Water Quality
				  Criteria Documents, 1980, and subsequent revisions. U.S. EPA, 1980.
U.S. Environmental Protection Agency: Guidelines for Deriving
				  Numerical National Water Quality Criteria for the Protection of Aquatic
				  Organisms and their Uses. U.S. EPA, 1985.
U.S. Environmental Protection Agency: Technical Support
				  Manual: Waterbody Surveys and Assessments for Conducting Use Attainability
				  Analyses. U.S. EPA, 1983.
U.S. Environmental Protection Agency: Technical Guidance
				  Manual for Performing Waste Load Allocation, Book VI, Chapter 1: Stream Design
				  Flow for Steady-State Modeling. U.S. EPA, 1986.
U.S. Environmental Protection Agency: Technical Support
				  Document for Water Quality Based Toxics Control. U.S. EPA, 1985.
U.S. Environmental Protection Agency: Methods for Measuring
				  the Acute Toxicity of Effluents to Freshwater and Marine Organisms.
				  EPA-600/4-85/013. U.S. EPA, 1985.
U.S. Environmental Protection Agency: Short-Term Methods for
				  Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater
				  Organisms, Second Edition. EPA-600/4-89/001. U.S. EPA, 1989.
U.S. Environmental Protection Agency: Water Quality Standards
				  Handbook, Second Edition, EPA 823-B-94-005a, August 1994, with
				  Appendices.
U.S. Environmental Protection Agency: Aquatic Life Ambient
				  Freshwater Quality Criteria-Copper. EPA-822-R-07-001. U.S. EPA, 2007.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 1 - WYOMING SURFACE WATER QUALITY STANDARDS › Appendix G - Equations For pH Dependent Parameters

Current through July 13, 2024
Parameter
Acute 1-Hour Average Concentration
						  (µg/L)
Chronic 4-Day Average Concentration
						  (µg/L)
Pentachlorophenol
e[1.005(pH) - 4.830)
e[1.005(pH) - 5.290)
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Section 2-1 - General Provisions

Current through July 13, 2024
(a) Authority. This
				regulation is promulgated pursuant to Wyoming Statute
										35-11-101 through
				35-11-1803, and specifically
				
										35-11-301(a) (i), (ii), and
				(iv), and 35-11- 302 (a) (ii), (iii) and (v)
				and regulations adopted pursuant to Section 402(b) of the Federal Water
				Pollution Control Act (Clean Water Act) and amendments to that Act through July
				1, 2004 for the purpose of instituting a permit issuance program in conformity
				with the requirements of the Environmental Quality Act and the National
				Pollutant Discharge Elimination System (NPDES), for point source discharges
				into surface waters of the state. Nothing in these regulations is intended to
				expand the scope of the Environmental Quality Act, as limited in W.S.
				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.
(b) Incorporation
				by reference. Throughout these regulations, standards and requirements
				promulgated by the US Environmental Protection Agency (EPA) have been adopted
				and incorporated by reference. All references are from the Code of Federal
				Regulations dated July 1, 2004, unless otherwise noted. This incorporation does
				not include later amendments or editions of the incorporated material.
Applicable federal regulations related to the states NPDES
				  primacy include: 40 CFR Parts 122, 123, 124, 125, 129, 133, 136 and Subchapter
				  N (parts 400 through 471). State program authority does not include
				  pretreatment or biosolids requirements. Implementation of and authority over
				  the pretreatment and biosolids requirements remain with the U.S. EPA.
(c) Purpose. The purpose of these
				rules and regulations is to establish a permitting system for the issuance of
				permits as authorized pursuant to Section 402(b) of the Clean Water Act (CWA),
				33 U.S.C. §
										1342(b), as amended in 1987.
				This permitting system provides the mechanism for establishing effluent
				limitations in WYPDES permits which specify maximum amounts or concentrations
				of pollution and wastes which may be discharged into surface waters of the
				state.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Section 2-2 - Applicability

Current through July 13, 2024
(a) Discharges required to be permitted. All
				discharges into surface waters of the state as defined in (i), (ii), (iii) and
				(iv) below shall be permitted as described in these regulations.
(i) All effluent discharges not described in
				(ii), (iii) and (iv) below;
(ii)
				All storm water discharges from industrial, construction, and municipal
				facilities as described in Section
				6 of these regulations;
(iii) Point source discharges of dredged or
				fill material into isolated wetlands which are:
(A) Not subject to regulation by the Army
				Corps of Engineers under Section 404 of the CWA; or,
(B) Not subject to a permit or authorization
				from the Wyoming Department of Environment Quality, Land Quality Division for
				mining activities.
(iv)
				Silvicultural point sources, as defined in Section
				3(b) (lxxxv), are point
				sources subject to the applicable provisions of these regulations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Section 2-4 - General Permits

Current through July 13, 2024
Provisions for the issuance of general permits are described
				  in this section. Additional requirements specific to effluent permits, storm
				  water permits and isolated wetlands are contained in sections
				  5,
				  6 and
				  7 of these regulations.
(a) Coverage. The department may issue a
				general permit to cover a category of discharges, except those covered by
				individual permits, within a geographic area which shall correspond to existing
				geographic or political boundaries. The general permit may be written to
				regulate:
(i) Storm water point sources
				except;
(A) Storm water discharges associated
				with industrial activities (as defined in Section
				6(g) (ii)
				(A) through (K) ) that have a potential to
				reach surface waters of the state that are listed as being Class 1 in Appendix
				A of Chapter 1, Wyoming Water Quality Rules and Regulations. These facilities
				must apply for an individual storm water permit in accordance with the
				requirements of Section
				6(b).
(B) Storm water discharges from large or
				small construction activity as defined in Section
				6(f) are not included in
				the exception of Section
				4(a) (i)
				(A).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Section 2-8 - Variance Requests

Current through July 13, 2024
(a) Variance
				requests by non-POTWs.
(i) A discharger which
				is not a publicly owned treatment works (POTW) may request a variance from
				otherwise applicable effluent limitations under any of the following statutory
				or regulatory provisions within the times specified in this section:
(A) Fundamentally different factors.
(I) A request for a variance based on the
				presence of "fundamentally different factors" from those on which the effluent
				limitations guideline was based shall be filed as follows:
(1.) For a request from best practicable
				control technology (BPT) currently available, at the time of
				application.
(2.) For a request
				from best available technology (BAT) economically achievable and/or best
				conventional pollutant control technology (BCT), by no later than 180 days
				after the date on which an effluent limitation guideline is published in the
				federal register for a request based on an effluent limitation guideline
				promulgated on or after February 4, 1987.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Section 2-9 - Issuance or Denial of Permits or Authorizations

Current through July 13, 2024
Once the requirements of Sections
				  4(b) and
				  (c),
				  5(a) and
				  (b), and
				  6(b) or
				  7(a) and
				  (b) of these regulations have been met, a
				  final determination regarding issuance or denial of a permit or authorization
				  shall be made.
(a) Denial of permits or
				authorizations. No permit or authorization shall be issued which would
				authorize any of the following discharges:
(i) The discharge of any radiological,
				chemical, or biological warfare agent, or high level radioactive waste into
				surface waters of the state;
(ii)
				Any discharge which the Secretary of the Army, acting through the Chief of
				Engineers, finds would substantially impair anchorage and navigation;
(iii) Any discharge to which the Regional
				Administrator of the EPA has objected pursuant to the provisions of 40 CFR Part
				123.44;
(iv) Any discharge from a
				point source which is in conflict with a plan or amendment thereto approved
				pursuant to Section 208(b) of the Federal Act;
(v) Any discharge that, after imposition of
				permit conditions, cannot ensure compliance with the applicable water quality
				requirements of all affected states; and
(vi) No permit may be issued when conditions
				of the permit do not provide compliance with applicable requirements of
				W.S.
				35-11-302 and of these regulations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Section 2-10 - Renewal of Permits, and Renewal of Coverage Under Expiring General Permits

Current through July 13, 2024
(a) Deadlines for permit renewal application.
				The owner or operator of any point source within the state who proposes to
				continue a permitted discharge into surface waters of the state beyond the
				expiration date of a permit must file with the administrator a complete
				application form either 1) no less than 180 days in advance of the permit
				expiration date, unless otherwise approved by the administrator, or 2) in
				sufficient time to insure compliance with the requirements of Section 306 of
				the Federal Act, or with any applicable zoning or siting requirements
				established pursuant to Section 208(b) (2) (c) of the Federal Act, and any
				other applicable water quality standards and limitations or in the case of
				general permits, in accordance with the terms specified in the applicable
				general permit. Except as authorized under Section
				11 of these regulations, no person shall
				continue to discharge beyond the expiration date of a permit without having
				obtained a reissued permit from the department.
(b) Renewal application requirements. An
				application for renewal of an existing permit shall identify any changes or
				additions to the information, listed in Section
				5(a)
				(v), that was provided in the application
				form or additional requested information for the permit most recently
				noticed.
(c) Review of renewal
				applications. The administrator shall have each request for renewal reviewed in
				light of the existing permit or authorization, information provided by the
				permittee with the request for renewal, and all other information available to
				the administrator bearing on the subject permit or authorization to insure that
				the following conditions exist:
(i) That the
				permittee is in compliance with or has substantially complied with all the
				terms and conditions of the expiring permit or authorization;
(ii) That the discharge is consistent with
				applicable effluent standards and compliance schedules, water quality
				standards, and other legally applicable requirements imposed under these
				regulations; and
(iii) That the
				administrator has up-to-date information on the permittee's discharge, either
				pursuant to the submission of new forms or pursuant to monitoring records and
				reports submitted to the administrator by the permittee.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Section 2-11 - Continuation of Expiring Permits

Current through July 13, 2024
(a) Conditions. For
				WYPDES permits issued under the provisions of these rules, the conditions of an
				expired permit shall remain in force until the effective date of a new permit
				provided the following conditions are met:
(i) The permittee has submitted a timely and
				complete application for renewal in accordance with the provisions of Section
				10 of these regulations; and
(ii) The director, through no fault of the
				permittee, does not issue a renewal permit with an effective date on or before
				the expiration date of the previous permit.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Section 2-13 - Permit and Authorization Terminations

Current through July 13, 2024
(a) Reasons for
				permit or authorization termination. A permit or authorization may be
				terminated during it s term for reasons determined by the department including,
				but not limited to, the following:
(i)
				Violation of any terms or conditions of the permit;
(ii) Obtaining a permit by misrepresentation
				or failing to disclose any fact which is material to the granting or denial of
				a permit or to the establishment of terms or conditions of the
				permit;
(iii) Materially false or
				inaccurate statements or information in the permit application or the permit;
				or
(iv) A determination that the
				permitted activity endangers human health or the classified or existing uses of
				surface waters of the state and can only be regulated to acceptable levels by
				permit modifications or termination.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Section 2-14 - Signatory Requirements

Current through July 13, 2024
(a) Signatures for
				applications and notices of intent (NOI). Applications, NOIs, and other
				documents required to accompany said applications or NOI when submitted to the
				department must be signed as follows:
(i) In
				the case of corporations, by a principal executive officer of at least the
				level of vice president, or the manager of one or more manufacturing,
				production, or operating facilities, provided, the manager is authorized to
				make management decisions which govern the overall operation of the facility
				from which the discharge originates as described in the application, NOI or
				other required documentation;
(ii)
				In the case of a partnership, by a general partner;
(iii) In the case of a sole proprietorship,
				by the proprietor; and
(iv) In the
				case of a municipal, state, federal, or other public facility, by either a
				principal executive officer or ranking elected official.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Section 2-15 - Public Participation

Current through July 13, 2024
Major modifications, issuance, or reissuance of every draft
				  permit; or where the administrator proposes to terminate coverage under an
				  individual permit; or where the administrator proposes to conduct a public
				  meeting in accordance with Section
				  16 of these regulations, the following
				  procedures shall be used.
(a) Public
				notice. Public notice of every draft permit, public meeting being held pursuant
				to Section
				16 of the regulations, or granting of an
				appeal shall be given in the following manner:
(i) In addition to the applicable provisions
				of Section
				15(a) (ii)
				through (v), notice shall be circulated by
				one or more of the following methods:
(A) For
				individual permits, posting in the post office and other public places of the
				municipality nearest the location(s) of the proposed discharge(s);
(B) For individual permits, posting near the
				entrance to the applicant's premises;
(C) For individual permits, publication in
				newspapers of general circulation in the locations of the proposed
				discharges;
(D) For individual and
				general permits, publication in a newspaper with statewide
				distribution;
(E) For general
				permits, publication in a newspaper with circulation in the geographic area
				defined in the general permit.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Section 2-16 - Public Meeting

Current through July 13, 2024
(a) Reason for
				public meeting.
(i) Request for public
				meeting. The administrator shall provide an opportunity for the applicant or
				any interested person or state to request a public meeting, with the
				administrator, with respect to any draft permit. Any such request shall be
				filed in writing during the comment period specified in Section
				15(a)
				(ix) above, and shall indicate the interest
				of the party and the reasons why a meeting is warranted. If the administrator
				finds that there is a significant degree of public interest in holding such a
				meeting, hold such a meeting in the geographic area where the proposed
				discharge is located, or other appropriate area. If the administrator
				determines that a public meeting is not warranted, he shall provide written
				notification of his decision to the party requesting the meeting.
(ii) Public meetings to provide
				clarification. The administrator may also hold a public meeting at his
				discretion, whenever, for instance, such a meeting might clarify one or more
				issues involved in the permit decision.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Section 2-17 - Hearing

Current through July 13, 2024
In any case where the director makes a decision to issue,
				  modify, or terminate a permit or MS4 storn water permit authorization, or where
				  the director makes a decision to deny issuance or modification of a permit or
				  MS4 storm water permit authorization, any interested person may request a
				  hearing before the Environmental Quality Council. A request for hearing shall
				  be made in accordance with the applicable Department of Environmental Quality's
				  Rules of Practice and Procedure.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Section 2-18 - Public Information

Current through July 13, 2024
(a) Availability of
				information. All information required on or attached to permit application
				forms, notices of intent, reporting forms, draft or issued permits,
				authorizations, or related correspondence shall be made available to the public
				for inspection and copying, subject to
				W.S.
				35-11-1101 and all other applicable state
				laws. The administrator shall provide facilities for inspection of all
				non-confidential documents.
(b)
				Applicability of trade secrets. The following information may not be considered
				to constitute trade secrets and must be made available to the public:
(i) Name and address of any permit applicant
				or permittee;
(ii) Permit
				applications, permits and effluent data.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Section 2-19 - Transfer of Permits

Current through July 13, 2024
(a) Permits may be
				transferred by a permittee to a new owner or operator if:
(i) Conditional transfers. The permit has
				been modified or revoked and reissued to identify the new permittee and to
				incorporate such other requirements as may be necessary under these
				regulations.
(ii) Automatic
				transfers. A permit may be automatically transferred to a new permittee if:
(A) The current permittee notifies the
				director in writing at least 30 days in advance of the proposed transfer date
				in paragraph (b) (ii) of this Section;
(B) The notice includes a written agreement
				between the existing and new permittees on a form provided by the
				administrator. The form shall contain a specific date for transfer of permit
				responsibility, coverage and liability between the two parties; and
(C) The director does not notify the existing
				permittee and the proposed new permittee of its intent to modify or revoke and
				reissue the permit.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Appendix A - Explanation of Standard Industrial Classification (SIC) Codes Regulated by the Industrial Storm Water Program

Current through July 13, 2024
Industry Type
SIC Code
Comments
Metal mining and milling
10
(a)
Coal mining
12
(a)
Oil and Gas Extraction
13
Mining and quarrying of nonmetallic minerals except
							 fuels
14
(a)
Food and kindred products
20
Tobacco products
21
Textile mill products
22
Apparel and other finished products made from fabric
							 and similar materials
23
Lumber and wood products except furniture
24
Furniture and fixtures
25
Paper and allied products
26
Printing, publishing, and allied products
27
Chemicals and allied products
28
Petroleum refining and related industries
29
Rubber and miscellaneous plastics products
30
Leather and leather products
31
Stone, clay, glass and concrete products
32
Primary metal industries
33
Fabrication of metal products, except machinery and
							 transportation equipment
34
Industrial and commercial machinery and computer
							 equipment
35
Electronic and other electrical equipment and
							 components, except compute equipment
36
Transportation equipment
37
Measuring analyzing, and controlling instruments;
							 Photographic, medical, and optical goods; watches and clocks
38
Miscellaneous manufacturing industries
39
Railroad transportation
40
(b)
Local and suburban transit and interurban highway
							 passenger transportation
41
(b)
Motor freight transportation and warehousing
42
(except 4221,
4222, and 4225)
(b)
Farm product warehousing and storage Refrigerated
							 warehousing and storage General warehousing and storage
4221 4222 4225
US Postal facilities
43
(b)
Water transportation
44
(b)
Transportation by air
45
(b)
Motor vehicle parts, used
5015
Scrap and waste materials
5093
Petroleum bulk stations and terminals
5171
(b)
Comments:
(a) For this SIC Code, a storm water permit is required only
				  if runoff contacts overburden, raw material, intermediate products, finished
				  products, byproducts or waste products located on the site of such
				  operations.
(b) In this SIC Code, only facilities with vehicle
				  maintenance (including vehicle rehabilitation, mechanical repairs, painting,
				  fueling, and lubrication), equipment cleaning, or airport deicing need a storm
				  water permit.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Appendix F - Additional Requirements Applicable to New and Existing Aquatic Animal Production Facilities

Current through July 13, 2024
(a) Discharges into aquaculture projects, as defined in
				  Section
				  3(b) of these regulations,
				  are subject to the WYPDES permit program in accordance with these
				  regulations.
(b) A hatchery, fish farm, or other facility is a
				  concentrated aquatic animal production facility for purposes of these
				  regulations if it contains, grows, or holds aquatic animals in either of the
				  following categories:
(i) Cold water fish species or other cold water aquatic
				  animals in ponds, raceways, or other similar structures which discharge at
				  least 30 days per year but does not include:
(A) Facilities which produce less than 9,090 harvest weight
				  kilograms (approximately 20,000 pounds) of aquatic animals per year; and
(B) Facilities which produce less than 2,272 kilograms
				  (approximately 5,000 pounds) of food during the calendar month of maximum
				  feeding.
(ii) Warm water fish species, or other warm water aquatic
				  animals in ponds, raceways, or other similar structures which discharge at
				  least 30 days per year, but does not include:
(A) Closed ponds which discharge only during periods of
				  excess runoff; or
(B) Facilities which produce less than 45,454 harvest weight
				  kilograms (approximately 100,000 pounds) of aquatic animals per year.
(iii) "Cold water aquatic animals" include, but are not
				  limited to the
Salmonidae
family of fish: e.g., trout and
				  salmon.
(iv) "Warm water aquatic animals" include but are not limited
				  to, the
Ameiuridae, Centrarchidae and Cyprinidae
families of
				  fish; e.g. respectively, catfish, sunfish and minnows.
(c) Application requirements for new and existing aquatic
				  animal production facilities. New and existing concentrated aquatic animal
				  production facilities shall provide the following information, in addition to
				  that described in Section
				  5(a)
				  (v), to the administrator, using the
				  application form provided by the administrator.
(d) The maximum daily and average monthly flow from each
				  outfall.
(e) The number of ponds, raceways, and similar
				  structures.
(f) The name of the receiving water and the source of intake
				  water.
(g) For each species of aquatic animals, the total yearly and
				  maximum harvestable weight.
(h) The calendar month of maximum feeding and the total mass
				  of food fed during that month.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 3 - REGULATIONS FOR PERMIT TO CONSTRUCT, INSTALL OR MODIFY PUBLIC WATER SUPPLIES, WASTEWATER FACILITIES, DISPOSAL SYSTEMS, BIOSOLIDS MANAGEMENT FACILITIES, TREATED WASTEWATER REUSE SYSTEMS AND OTHER FACILITIES CAPABLE OF CAUSING OR CONTRIBUTING TO POLLUTION › Section 3-1 - Authority

Current through July 13, 2024
This Chapter is promulgated pursuant to the Wyoming
				  Environmental Quality Act, specifically Wyoming Statutes (W.S.) §
									
										35-11-301 and W.S. §
									
										35-11-304.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 3 - REGULATIONS FOR PERMIT TO CONSTRUCT, INSTALL OR MODIFY PUBLIC WATER SUPPLIES, WASTEWATER FACILITIES, DISPOSAL SYSTEMS, BIOSOLIDS MANAGEMENT FACILITIES, TREATED WASTEWATER REUSE SYSTEMS AND OTHER FACILITIES CAPABLE OF CAUSING OR CONTRIBUTING TO POLLUTION › Section 3-2 - Applicability

Current through July 13, 2024
(a) This Chapter
				applies to all public water supplies, sewerage systems, treatment works,
				disposal facilities, biosolids management facilities, treated wastewater
				systems and other facilities capable of causing or contributing to pollution,
				including:
(i) Land application or surface
				disposal of biosolids or domestic septage;
(ii) Reuse of treated wastewater;
				and
(iii) Biosolids facilities
				where:
(A) U.S. Environmental Protection
				Agency (EPA) does not regulate the land application or disposal of biosolids or
				domestic septage by issuance of an Authorization To Land Apply or Surface
				Dispose Sludge Under the National Pollution Discharge Elimination
				System;
(B) Commercial waste
				treatment, storage and disposal facilities are used;
(C) Non-commercial waste treatment, storage,
				and disposal facilities are involved;
(D) Biosolids are prepared outside of the
				state and brought into the state for land application or surface disposal;
				or
(E) Treated wastewater is
				prepared outside of the state and brought into the state for land
				application.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 3 - REGULATIONS FOR PERMIT TO CONSTRUCT, INSTALL OR MODIFY PUBLIC WATER SUPPLIES, WASTEWATER FACILITIES, DISPOSAL SYSTEMS, BIOSOLIDS MANAGEMENT FACILITIES, TREATED WASTEWATER REUSE SYSTEMS AND OTHER FACILITIES CAPABLE OF CAUSING OR CONTRIBUTING TO POLLUTION › Section 3-4 - Individual Permits

Current through July 13, 2024
(a) Any person who
				proposes to construct, install, modify, or operate a facility required to be
				permitted by this Chapter shall submit a written application on forms provided
				by the Administrator and shall include with their application:
(i) Plans, specifications, design data, or
				other pertinent information covering the project;
(ii) Any additional information required by
				the Administrator; and
(iii) If
				required under Section 14(a) of this Chapter, a proposed environmental
				monitoring plan.
(iv) All plans,
				specifications, and reports submitted under this chapter shall be sealed,
				signed, and dated by a licensed professional engineer under W.S. §
										
											33-29-601 or by a licensed professional
				geologist under W.S. §
										
											33-41-115, as applicable.
(v) All plans and specifications shall
				conform to common and accepted engineering and geological practices as
				determined by the Administrator or as defined by applicable Water Quality
				Rules.