reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 19 - FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 19-14 - Release From the Requirements

Current through July 13, 2024
An owner and/or operator is no longer required to maintain
				  financial responsibility under this chapter for an underground storage tank
				  after the tank has been properly closed or, if corrective action is required,
				  after corrective action has been completed and the tank has been properly
				  closed as required by Chapter XVII, Water Quality Rules and Regulations, Part
				  G.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 19 - FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 19-15 - Bankruptcy or Other Incapacity of Owner and/or Operator or Guarantor of Financial Assurance

Current through July 13, 2024
Within 10 days after commencement of a voluntary or
				  involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a
				  guarantor providing financial assurance as debtor, such guarantor must notify
				  the owner and/or operator by certified mail of such commencement as required
				  under the terms of the guarantee specified in
				  40 CFR
				  280.96.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 19 - FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 19-16 - Replenish Guarantee, Letter of Credit, or Surety Bonds

Current through July 13, 2024
(a) Any time after a financial assurance
				mechanism under this section is drawn on by the administrator below the full
				amount of required coverage, the owner and/or operator shall:
(i) By the anniversary date of the financial
				mechanism, replenish the value of financial assurance to equal the full amount
				of required coverage; or
(ii) By
				the anniversary date of the financial mechanism, acquire another financial
				assurance mechanism for the amount by which funds have been reduced;
				or
(iii) Within thirty (30) days of
				the withdrawal of the deductible amount required under the state fund
				mechanism, replenish the value of the required deductible coverage.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-1 - Authority

Current through July 13, 2024
This regulation is promulgated pursuant to the Wyoming
					 Environmental Quality Act,
					 W.S.
					 35-11-101 through
					 W.S.
					 35-11-1207, specifically,
					 W.S.
					 35-11-301(a)(iii) and
					 W.S.
					 35-11-302(a)(ix).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-2 - Severability

Current through July 13, 2024
If any section or provision of this regulation, or the
					 application of that section or provision to any person, situation, or
					 circumstance is adjudged invalid for any reason, the adjudication does not
					 affect any other section or provision of these regulations or the application
					 of the adjudicated section or provision to any other person, situation, or
					 circumstance. The Environmental Quality Council declares that it would have
					 adopted the valid portions and application of this regulation without the
					 invalid part, and to this end the provisions of this regulation are declared to
					 be severable.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-3 - Definitions

Current through July 13, 2024
The following definitions supplement those definitions
					 contained in Section
											35-11-103
					 of the Wyoming Environmental Quality Act.
(a) "Adjacent" means two (2) or more housed
				  facilities separated at their closest points by distances not greater than one
				  (1) mile.
(b) "Agronomic rate"
				  means the annual total nutrient application rate designed:
(i) To provide the amount of the limiting
				  constituent needed by the food crop, feed crop, fiber crop, cover crop, or
				  vegetation grown on the land; and
(ii) To minimize the amount of the limiting
				  constituent that runs off to surface waters or passes through the root zone of
				  the crop or vegetation grown on the land to the groundwater.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-4 - Purpose

Current through July 13, 2024
This regulation sets forth the requirements and process for
					 applying for and obtaining a permit for a confined swine feeding
					 operation.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-5 - Applicability

Current through July 13, 2024
(a) These
				  regulations shall apply to all confined swine feeding operations that file a
				  permit application after February 28, 1997.
(b) These regulations shall apply to confined
				  swine feeding operations that filed a permit application before February 28,
				  1997 if there is an increase in animal unit capacity above permitted
				  levels.
(c) These regulations shall
				  apply to all confined swine feeding operation animal waste produced by
				  operations permitted under this regulation.
(d) These regulations shall apply to any
				  housed facilities that can be considered an operational unit due to common
				  ownership and collectively meet the criteria of a confined swine feeding
				  operation.
(e) Modifications of
				  facilities, exempted from the provisions of these regulations, that do not
				  result in an increase in animal unit capacity above permitted levels, shall be
				  regulated by the provisions of Chapters 3 and 11 of the Water Quality Division
				  Rules and Regulations.
(f) These
				  regulations supersede Chapter 3, except for Section 17, and Chapter 11 for
				  confined swine feeding operations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-6 - Prohibitions

Current through July 13, 2024
(a) No person shall
				  construct or operate a confined swine feeding operation prior to receiving a
				  permit in accordance with these regulations.
(b) No person shall construct, modify, or
				  operate any confined swine feeding operation unless authorized and in
				  compliance with a permit.
(c) No
				  person shall construct, modify, or operate a confined swine feeding operation
				  with a permit that has expired or has been suspended or revoked.
(d) No person shall construct, modify, or
				  operate any confined swine feeding operation without complying with all
				  financial assurance requirements of these regulations.
(e) No person shall discharge animal waste to
				  the Surface Waters of the State.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-7 - Requirements for an Application for a Permit

Current through July 13, 2024
The following procedures shall be used when applying for a
					 permit:
(a) Any person who proposes to
				  construct, modify, or operate a confined swine feeding operation shall submit a
				  written application for a permit on forms provided by the
				  Administrator.
(b) The application
				  for a permit shall be accompanied by a management plan. A complete management
				  plan shall have the following components:
(i)
				  Construction plan;
(ii) Operation
				  plan;
(iii) Animal waste management
				  plan; and
(iv) Financial assurance,
				  closure, post closure, and corrective action plan.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-9 - Operation Plan Content

Current through July 13, 2024
An operation plan is required for each new or modified
					 confined swine feeding operations. The plan shall be finalized and approved
					 prior to the approval of the permit. The plan shall include a description of
					 the operation of the following as necessary for the proper management of animal
					 waste facilities:
(a) Feeding and
				  production facilities.
(b) Animal
				  waste collection systems.
(c)
				  Animal waste storage facilities.
(d) Animal waste and wastewater application
				  systems.
(e) Description of
				  emergency operation and response actions.
(f) Sampling, analysis and reporting
				  requirements appropriate for the operation.
(g) Disposal of other wastes:
(i) Non-manure solid wastes incidental to the
				  operation.
(ii) Dead
				  animals.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-10 - Animal Waste Management Plan Content

Current through July 13, 2024
The animal waste management plan shall address the
					 following, if applicable:
(a) The
				  amount of animal waste to be generated at the facility and a description of
				  storage methods.
(b) The estimated
				  time period that animal waste must be stored before land application.
(c) The total amount of the controlling
				  constituents produced by the operation
(d) The controlling constituents requirements
				  or uptake values for the vegetation or crops to receive the animal
				  waste.
(e) The acreage to receive
				  the animal waste except when solid wastes are sold or given away.
(f) A description of the animal waste
				  conveyance or transportation method to get the animal waste to the land
				  application sites.
(g) A
				  demonstration that adequate and suitable land is available upon which to land
				  apply the animal waste in accordance with the requirements of these
				  regulations.
(h) The estimated
				  application rate in terms of tons of animal waste and controlling constituents
				  per acre, including:
(i) A description of
				  animal waste and soil sampling and analysis procedures to determine application
				  rates.
(ii) A description of record
				  keeping systems for location, dates and rates of animal waste application, and
				  for animal waste and soil testing results.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-11 - Financial Assurance Plan Content

Current through July 13, 2024
The financial assurance plan shall be consistent with Parts
					 E and F of these regulations and shall contain the following:
(a) A relinquished site closure plan and an
				  estimate of associated costs in accordance with Sections 44 and 47 of these
				  regulations.
(b) A calculation of
				  the corrective action contingency bond amount prepared in accordance with
				  Section 48.
(c) The financial
				  assurance instruments shall be in amounts determined by the Administrator to be
				  adequate to carry out the activities contained in the relinquished site closure
				  plan plus the corrective action contingency bond amount plus solid waste
				  transfer, treatment, storage or disposal bond amounts as required by Section
				  21. The entire amount of financial assurance provided shall be available to
				  remedy any violation of this regulation or any other violations of the
				  Environmental Quality Act associated with the confined swine feeding operation
				  permitted by this regulation.
(d)
				  Provision for annual review and updating of the financial assurance
				  instruments.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-12 - Application Processing Procedures

Current through July 13, 2024
(a) Each
				  application for a confined swine feeding operation permit must be submitted
				  with all supporting data necessary for review. Processing of the application
				  shall be in accordance with the provisions of applicable statutes of the State
				  and regulations of the Division.
(b) The Administrator or a designated
				  representative shall review each application and resubmittal within thirty (30)
				  days of receipt in order to determine if it is complete. This completeness
				  review shall determine if all of the components of a management plan, as
				  defined in these regulations, are addressed in the application. All items not
				  specified as incomplete shall be deemed to be complete.
(c) If an application is determined to be
				  incomplete, the necessary information to complete the application shall be
				  requested by the Administrator or his designated representative.
(d) Upon determination than an application is
				  complete, the applicant shall be directed to provide public notice according to
				  Section 13(b) of these regulations. The public notice of a complete application
				  is intended to allow the public the opportunity to provide comment during the
				  technical review of the proposed permit.
(e) Permit applications determined to be
				  complete shall be reviewed for technical adequacy in the following manner:
(i) A technical review shall be completed by
				  the Division within sixty (60) days of the determination that the application
				  is complete.
(ii) Additional
				  information may be requested by the Administrator or his designated
				  representative to satisfy the technical review and demonstrate that the
				  proposed confined swine feeding operation shall meet the requirements of these
				  regulations.
(iii) Review of
				  additional information submitted shall be completed by the Division within
				  sixty (60) days of receipt. If the information submitted is still inadequate to
				  allow the Administrator and Director to make a decision to deny or approve the
				  application, more information may be requested of the applicant subject to the
				  procedures outlined in this sub-section. All items not specified as technically
				  inadequate shall be deemed to be adequate for purposes of this
				  subsection.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-13 - Notice of Intent, Public Participation, Public Notice, and Public Hearing Requirements

Current through July 13, 2024
(a) A prospective
				  applicant for a confined swine feeding operation permit must file a Notice of
				  Intent with the Division. A Notice of Intent is filed for the purpose of
				  establishing a date to fix setback requirements in accordance with Section 24
				  of these regulations and to keep the public fully informed. The official date
				  of the notification of intent shall be the date that it is received by the
				  Division.
(i) The party filing the Notice of
				  Intent shall have a maximum of twelve (12) months from the filing date to
				  submit a completed permit application.
(ii) If a completed permit application has
				  not been submitted within twelve (12) months, the Notice of Intent shall
				  expire.
(iii) The Notice of Intent
				  shall be filed upon forms provided by the Division and shall include the
				  following information:
(A) Identification of
				  the submitting party.
(B) Size and
				  type of proposed confined swine feeding operation.
(C) Legal description of the proposed housed
				  facility.
(D) A list of all
				  property owners of record within one (1) mile of the perimeter of the proposed
				  housed facility.
(E) The signature
				  of a responsible official for the submitting party and the date.
(iv) The prospective applicant
				  shall:
(A) Send a copy of the Notice of
				  Intent to all property owners within the one (1) mile perimeter by certified
				  mail, return receipt requested.
(B)
				  Provide a Notice of Intent to any local government having jurisdiction over the
				  area where the facility or operation is proposed to be located or to any
				  jurisdiction within five (5) miles of the location. The Division shall receive
				  verification that this requirement was met.
(C) Publish in a newspaper of general
				  circulation in the area of the proposed facility a copy of the Notice of Intent
				  to be filed with the Division. The Division shall be provided a certified
				  published copy of this public notice.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-14 - Approval or Denial of a Permit Application

Current through July 13, 2024
A permit shall be approved if the permit application
					 complies with all provisions of these regulations and the Wyoming Environmental
					 Quality Act. The management plan shall show that the proposed confined swine
					 feeding operation can be operated in compliance with these regulations.
(a) The Administrator shall not render a
				  final recommendation to the Director on a proposed permit until after the
				  completion of the final comment period and the public hearing, if one is held.
				  The Administrator shall make a decision as soon as reasonably possible. Before
				  a final decision is issued, the Administrator shall prepare a written response
				  to all comments received during the comment period. The written response shall
				  be provided to members of the public upon request. The written response shall:
(i) Specify any changes made to the
				  management plan as the result of public comment.
(ii) Briefly describe and respond to all
				  comments voicing a legitimate regulatory concern that is within the authority
				  of the Division to regulate.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-15 - Periodic Review of the Management Plan

Current through July 13, 2024
(a) Prior to ninety
				  (90) days of the fifth anniversary of the date of issuance of the permit and
				  every five (5) years thereafter, the permittee shall submit to the Division a
				  report of review of the management plan. The report shall evaluate compliance
				  of the confined swine feeding operation with the permit and address the
				  following items:
(i) Record of compliance with
				  applicable regulations and statutes.
(ii) A determination of whether BAT is
				  incorporated in the permit as required for animal waste management
				  practices.
(iii) Status of any
				  closure activities or corrective actions that are underway.
(iv) Compliance with financial assurance
				  requirements.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-16 - Transfer of a Permit

Current through July 13, 2024
A confined swine feeding operation permit may be
					 transferred upon submittal of a written request to the Administrator signed by
					 all present and proposed parties to the permit. A transfer shall be requested
					 within sixty (60) days of sale or transfer of real estate or real property, or
					 change of operator.
(a) The
				  Administrator shall approve or deny the transfer within thirty (30) days after
				  receipt of the request.
(b) The
				  Administrator may refuse to approve the transfer of the permit if:
(i) The proposed permittee fails to provide
				  adequate financial assurance; or
(ii) The proposed permittee or a controlling
				  interest in the proposed permittee has a pattern or history of significant
				  violations of the Environmental Quality Act or similar acts in other
				  jurisdictions of the United States.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-17 - Modification of a Management Plan

Current through July 13, 2024
A management plan may be modified with the approval of the
					 Administrator upon demonstration that the modification complies with this and
					 other applicable regulations.
(a) The
				  permittee may request a modification to the management plan. Modifications
				  shall be requested when necessary to correct operational problems or to
				  incorporate best available technology (BAT). Modifications to the operation may
				  be requested at the permittee's discretion.
(b) The permittee must receive approval from
				  the Administrator for a modification before initiating any change in
				  operational procedures including but not limited to the following:
(i) Increasing the number of animals
				  permitted at the operation.
(ii)
				  Changing animal waste treatment, storage, or disposal practices from those
				  permitted at the facility.
(iii)
				  Changing the nature and volume of the animal waste generated at the
				  facility.
(iv) Disposing of animal
				  waste at any locations other than those identified in the permit.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-18 - Probation or Suspension of a Permit

Current through July 13, 2024
(a) The Director
				  may place a permit on probation for violation or the threat to violate the
				  terms and conditions of the permit or these regulations. If the permittee fails
				  to resolve the issues leading to probation within ninety (90) days, the
				  Director may suspend or revoke the permit. The Director shall notify the
				  permittee by registered or certified mail of the Department's intent to place
				  the permit on probation. The notification shall include the effective date and
				  the reasons for probation. A permit may be suspended or revoked without being
				  placed on probation.
(b) The
				  Director may suspend a permit for:
(i) A
				  substantial noncompliance with the terms and conditions of the permit or these
				  regulations.
(ii) Unapproved
				  modifications in design, construction, or operation.
(iii) Failure to submit records and
				  information required to show compliance with the permit.
(iv) Violation of any financial assurance
				  requirements.
(v) Failure to
				  request a transfer pursuant to Section 16 of these regulations within sixty
				  (60) days of sale or exchange of an operational unit. Failure to apply for a
				  permit transfer upon sale or exchange of an operational unit is a violation of
				  these regulations that shall allow the Director to declare forfeiture of the
				  financial assurance provided by the permittee of record.
(vi) Any other reason necessary to achieve
				  compliance with applicable statutes, standards, or regulations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-19 - Permit Revocation

Current through July 13, 2024
(a) A permit shall
				  be revoked upon written request of the permittee and demonstration that the
				  closure in accordance with Section 43 and any corrective action requirements in
				  accordance with Section 45 of these regulations have been satisfactorily
				  completed.
(b) A permit may be
				  revoked by the Director for:
(i) Obtaining a
				  permit by misrepresentation, failure fully to disclose all relevant facts, or
				  false information submitted in the application.
(ii) Changing site conditions that cannot be
				  addressed by modifications to prevent violation of the Environmental Quality
				  Act or applicable regulations.
(iii) A pattern or history of violations of
				  the permit or these regulations.
(iv) Failure to comply with the terms of a
				  permit suspension.
(v) Any other
				  reason necessary to achieve compliance with applicable statutes, standards, or
				  regulations.
(vi) The Director
				  shall notify the permittee of record by registered or certified mail of the
				  Department's intent to terminate the permit. The notification shall include the
				  effective date and detailed requirements of the permit revocation, including:
(A) The date that all animals must be removed
				  from the facility.
(B) The date
				  that all animal waste must be removed from the facility.
(C) The date that closure must begin. A
				  closure plan shall be prepared and approved in accordance with Section 43 of
				  these regulations before closure shall begin.
(vii) The revocation notice shall become
				  final sixty (60) days from the date of receipt of notice unless within that
				  time the operator requests a hearing before the Environmental Quality Council.
				  Such a request shall be made in accordance with the Wyoming Department of
				  Environmental Quality Rules of Practice and Procedure.
(viii) Failure to comply with the terms of
				  the revocation notice, as modified by the contested case hearing if applicable,
				  shall be cause for forfeiture of financial assurance.
(ix) Financial assurance must be maintained
				  by the permittee until the closure and any corrective actions necessary have
				  been completed and approved by the Division.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-20 - Compliance with State and Local Water Quality Management Plans

Current through July 13, 2024
A management plan or permit shall not be approved for any
					 facility that is in conflict with an approved water quality management plan,
					 source water protection plan, or well head protection plan.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-21 - Solid Waste Transfer, Treatment, Storage or Disposal

Current through July 13, 2024
Any solid waste transfer, treatment, storage or disposal
					 facility, as defined in Chapter 1 of the Wyoming Solid Waste Rules and
					 Regulations, that is located within the boundaries of a confined swine feeding
					 operation shall be permitted by the Water Quality Division under the authority
					 of these regulations. Storage, treatment (incineration or composting), or
					 disposal (burial) of dead swine is a regulated facility as defined in Chapter 1
					 of the Wyoming Solid Waste Rules and Regulations.
(a) The permit application shall include
				  solid waste management facilities constructed or operated as part of the
				  confined swine feeding operation. The permit application shall address the
				  requirements and standards described in Chapter 2 "Sanitary Landfill
				  Regulations" or Chapter 6 "Transfer, Treatment and Storage Facility
				  Regulations" of the Wyoming Solid Waste Rules and Regulations.
(b) Financial assurance requirements
				  associated with any solid waste management facility shall be addressed under
				  the provisions of Section 50 of these regulations and calculated according to
				  Solid and Hazardous Waste Division Chapter 2 "Sanitary Landfill Regulations",
				  Chapter 6 "Transfer, Treatment and Storage Facility Regulations" and Chapter 7
				  "Financial Assurance Requirements."
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-22 - Relationship to Other Programs

Current through July 13, 2024
(a) The Wyoming
				  Department of Environmental Quality, Air Quality Division requires new sources
				  of air emissions to obtain a permit. The disposal of dead swine by incineration
				  is considered such a source.
(b)
				  The Wyoming State Engineer regulates the appropriation and use of water and the
				  safety of dams.
(i) All water well
				  construction requires a permit from the State Engineer. Appropriate water
				  rights must be granted by the State Engineer before the use or detention of
				  surface water.
(ii) Lagoons with
				  above ground berms or dikes may be subject to regulations administered by the
				  State Engineer governing safety of dams.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part A - INTRODUCTION AND GENERAL REQUIREMENTS › Section 20-23 - Permit Conditions

Current through July 13, 2024
(a) The permittee
				  shall:
(i) Conduct all construction and
				  operation of a confined swine feeding operation consistent with the management
				  plan and the permit. Unauthorized changes, deviations, or modifications are a
				  violation of the permit. An amended application or request for revision to an
				  approved permit must be filed with the Administrator to obtain approval of a
				  modification. No modification shall be started until a modified management plan
				  has been approved pursuant to Section 17 of these regulations.
(ii) Request authorization of the
				  Administrator to use materials or procedures different from those specified in
				  the permit. A modification to a permit component may be granted if materials
				  cannot be obtained or procedures cannot be accomplished and alternative
				  materials or procedures meet the standards specified in these regulations. To
				  prevent delaying construction, the Administrator may grant a modification
				  orally, upon oral request. A written request for modification must be submitted
				  within five (5) days. Failure to do so may result in the Administrator revoking
				  the oral modification.
(iii)
				  Conduct the operation according to statements, representations, and procedures
				  contained in the permit.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part B - SETBACK REQUIREMENTS FOR SITING › Section 20-24 - Setbacks

Current through July 13, 2024
A confined swine feeding operation shall comply with
					 W.S.
					 35-11-302(a)(ix)(C). Swine
					 confinement areas, animal waste storage facilities, or animal waste treatment
					 facilities shall not be within:
(a)
				  One (1) mile of an occupied dwelling without the written consent of the owner
				  of the house.
(b) One (1) mile of a
				  public or private school without the written consent of the school's board of
				  trustees or board of directors.
(c)
				  One (1) mile of the boundaries of any incorporated municipality without the
				  resolution and consent of the governing body of the municipality.
(d) One-fourth (¼) mile of a water
				  well permitted for current domestic purposes without the written consent of the
				  owner of the well.
(e) One-fourth
				  (¼) mile of a perennial stream unless it is proved to the Division that
				  potential adverse effects to the water quality of the stream can be
				  avoided.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part B - SETBACK REQUIREMENTS FOR SITING › Section 20-25 - Setback Determination

Current through July 13, 2024
The date for determining whether a permit complies with
					 setback requirements shall be fixed according to Section 13(a).
(a) Dwellings or schools may be constructed
				  or municipal limits extended to closer than one (1) mile of confined swine
				  feeding operations. Entities intruding into the one (1) mile setback zone after
				  filing of the Notice of Intent shall be considered to have waived permanently
				  their rights to protection of the setback requirement with respect to that
				  operation.
(b) Permitted confined
				  swine feeding operations shall have the right to operate and modify their
				  permits, including expansions, based on conditions as of the setback date fixed
				  according to Section 13(a).
(c) The
				  one (1) mile setback is considered part of the odor management for a confined
				  swine feeding operation. Odor complaints from entities intruding into the fixed
				  setback zone shall be evaluated at a distance of one (1) mile from the nearest
				  portion of the confined swine feeding operation.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part B - SETBACK REQUIREMENTS FOR SITING › Section 20-26 - Waivers

Current through July 13, 2024
The setback distances specified in these regulations may be
					 waived with the consent of the party benefitted by the setback distance.
(a) A waiver granted by a private property
				  owner becomes effective upon being recorded with the county clerk of the county
				  where the affected property is located. The waiver shall reflect the full legal
				  description of the proposed confined swine feeding operation site, the full
				  legal description of the property for which the waiver is granted and the
				  signature of the owner of record as of that date. A certified copy of this
				  recording shall be provided to the Division as part of the permit application.
				  If the proposed confined swine feeding operation site is in a different county
				  than the affected property, the waiver shall also be filed in the county where
				  the proposed confined swine feeding operation site is located.
(b) Public schools and incorporated
				  municipalities shall approve a waiver of setback requirements by action of the
				  governing body. A certified copy of the final action approving the waiver shall
				  be included with the application.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part C - DESIGN AND OPERATION STANDARDS › Section 20-27 - Purpose of Design and Operation Standards

Current through July 13, 2024
The purpose of these designs and operation standards is to
					 ensure that the design, construction, and operation of confined swine feeding
					 operations and any associated facilities capable of causing or contributing to
					 pollution comply with the Environmental Quality Act.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part C - DESIGN AND OPERATION STANDARDS › Section 20-28 - General

Current through July 13, 2024
This part contains the minimum standards for the design,
					 construction, and operation of a confined swine feeding operation. The
					 applicant shall demonstrate to the Administrator that there shall be no surface
					 discharge and that any subsurface discharges from the confined swine feeding
					 operation or animal waste management activities shall not cause a violation of
					 standards for Groundwaters of the State as established by Wyoming Water Quality
					 Rules and Regulations, Chapter 8, Quality Standards for Wyoming
					 Groundwaters.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part C - DESIGN AND OPERATION STANDARDS › Section 20-29 - Groundwater Protection

Current through July 13, 2024
(a) The design of a
				  confined swine feeding operation shall demonstrate protection of Groundwaters
				  of the State in compliance with Chapter 3, Section 17 of the Wyoming Water
				  Quality Division Rules and Regulations.
(b) These regulations provide minimum design
				  requirements designated to prevent a threat of discharge to groundwater in
				  accordance with Chapter 3, Section 17(a). Alternate designs may be approved if
				  justified by a complete subsurface investigation in accordance with the
				  provisions of Chapter 3, Section 17(b).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part C - DESIGN AND OPERATION STANDARDS › Section 20-30 - Surface Water Protection

Current through July 13, 2024
A confined swine feeding operation shall not allow any
					 animal waste to enter the Surface Waters of the State.
(a) All animal confinement areas, animal
				  waste collection, waste storage, and animal waste treatment areas shall either
				  be constructed above the 100-year/24-hour floodplain or protected by diversion
				  channels and dikes from the 100-year/24-hour flood.
(b) All animal waste storage and animal waste
				  collection structures shall be operated with sufficient freeboard to always
				  contain the maximum probable precipitation event safely.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part C - DESIGN AND OPERATION STANDARDS › Section 20-31 - Approval of Alternative Technology and Designs

Current through July 13, 2024
(a) Each
				  application for a permit for a confined swine feeding operation under this
				  section shall be evaluated on a case-by-case basis and compared to best
				  available technology. The following information, if available, shall be
				  included with the application:
(i) Data
				  obtained from a full scale, comparable installation that demonstrates the
				  acceptability of the design.
(ii)
				  Data obtained from a pilot plant operated under the design condition for a
				  sufficient length of time to demonstrate the acceptability of the
				  design.
(iii) Data obtained from a
				  theoretical evaluation of the design that demonstrates a reasonable probability
				  of the facility meeting the design objectives.
(iv) An evaluation of the flexibility of
				  making corrective changes to a constructed facility that does not function as
				  planned.
(v) An evaluation of the
				  risk and potential costs of failure of the proposed facility or technology. The
				  financial assurance plan must reflect this evaluation. The Administrator may
				  choose to increase or decrease the corrective action bond amount determined
				  under Section 49 based on this evaluation.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part C - DESIGN AND OPERATION STANDARDS › Section 20-32 - Domestic Wastes at Confined Swine Feeding Operations

Current through July 13, 2024
No human or domestic wastes shall be allowed to mix with
					 the animal waste collection, storage, treatment, and disposal operations at a
					 confined swine feeding operation. Separate domestic waste collection and
					 treatment facilities shall be constructed and maintained. Such domestic waste
					 facilities shall be permitted under Chapter 3 and designed according to Chapter
					 25 of the Wyoming Water Quality Division Rules and Regulations or by the
					 appropriate local agency delegated permitting authority for small wastewater
					 systems.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part C - DESIGN AND OPERATION STANDARDS › Section 20-33 - Animal Waste Collection Systems

Current through July 13, 2024
The design and construction of animal waste and wastewater
					 collection systems for confined swine feeding operations shall meet the
					 following minimum standards:
(a)
				  Gutters and trenches that do not have a constant hydraulic head against the
				  joints or the structure, such as those designed to be free draining and are
				  frequently flushed or scraped, shall have a watertight design.
(i) Construction shall be of air entrained
				  concrete with a 28-day compressive strength of 4000 psi or better. The minimum
				  thickness of any section shall be four (4) inches. All joints shall be keyed
				  construction and sealed with a high quality elastomeric caulk. Any other
				  materials proposed for gutter construction shall be evaluated under the
				  provisions of Section 31 of these regulations.
(ii) Flushing gutters shall have a minimum
				  grade of 0.4 percent.
(iii) Gutters
				  shall be flushed at least every 12 hours or scraped once each 48 hours. Each
				  gutter shall be inspected weekly and any build ups removed or freed using
				  manual scraping or pressure washers.
(iv) Gutters shall be cleaned and visually
				  inspected at least annually for water tightness. Any probable leaks shall be
				  repaired immediately.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part C - DESIGN AND OPERATION STANDARDS › Section 20-35 - Animal Waste Treatment Facilities

Current through July 13, 2024
The construction and operation of solids separators and
					 liquid animal waste treatment lagoons shall meet the following minimum
					 standards. Methane generation, composting, and other treatment systems are
					 encouraged. Permitting of such systems shall be reviewed under provisions of
					 Section 31 of these regulations. When considering alternate technology, primary
					 emphasis shall be given to environmental protection, improved odor management,
					 and pathogen control. The appropriate MidWest Plan Service publications are the
					 preferred basis for alternative designs.
(a) Solids separation techniques may be used
				  to remove solids from the animal waste. To be considered separated solid
				  manure, the solids content must be greater than ten (10) percent by weight and
				  the resultant mass must pass the paint filter test, i.e., when the mass is
				  placed in a paint filter no liquid shall drain through the filter.
(i) Separated solids shall be stored on a
				  water tight paved surface:
(A) The storage
				  area shall be sloped to a gutter that drains to the liquid animal waste
				  treatment facility.
(B) The storage
				  area shall not receive precipitation runoff from other areas of the
				  facility.
(C) The storage floor or
				  pavement shall have adequate structural integrity for the equipment used to
				  load or remove the solids.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS › Part D - ANIMAL WASTE MANAGEMENT › Section 20-36 - Application Controls

Current through July 13, 2024
The animal waste management plan is part of the permit for
					 a confined swine feeding operation and shall address storage, treatment, and
					 land application of all animal waste produced at the feeding operation
					 including liquid animal waste, manure slurry, solid manure, and sludge. The
					 animal waste management plan shall demonstrate the use of best available
					 technology (BAT) to control odors for all aspects of the operation. The use of
					 animal waste generated by a confined swine feeding operation including liquid
					 animal waste, manure slurry, solid manure, and sludge shall meet the following
					 minimum standards:
(a) Animal waste
				  that is land applied shall be applied at such rates and in a manner to prevent
				  surface and groundwater contamination.
(b) Animal waste shall not be applied at a
				  rate or in any manner that shall allow any surface runoff from the application
				  site.
(c) Buffer zones shall be
				  established for land application areas. Buffer zone requirements for land
				  application are independent of the setback requirements as set forth in
				  Sections 24, 25 and 26. In conjunction with other measures required by these
				  regulations, buffer zones help provide pathogen and odor management.
(d) Animal waste applied at agronomic rates
				  is exempt from the requirements of Chapter 3, Section 17, Wyoming Water Quality
				  Division Rules and Regulations.
(e)
				  The method for determining the required land treatment area for application of
				  animal wastes shall be based upon the determination of the "agronomic rate" of
				  the crops or vegetation present on the site. The application rate for animal
				  waste constituents shall be limited to appropriate plant uptake values to
				  protect surface and groundwater. The ratio used for this determination is
				  expressed as:
Required Land Treatment Area = L/U
Where:
L= the yearly amount of the controlling constituent to be
					 applied for land treatment. L is expressed in kilograms per year (kg/yr) or
					 pounds per year (lbs/yr).
U= plant assimilative capacity = the yearly amount of the
					 controlling constituent that can be assimilated by plant uptake. U is expressed
					 in kilograms per hectare per year (kg/ha/yr) or pounds per acre per year
					 (lbs/ac/yr).
(f) The
				  following list of constituents shall be evaluated by the permittee to determine
				  the controlling constituents. The method of selecting the controlling
				  constituents shall be documented in the permit applications.
(i) Organics.
(ii) Nitrogen.
(iii) Phosphorus.
(iv) Metals.
(v) Salts, acids, and bases.