Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-2 - General Requirements

Current through July 13, 2024
It is the operator's responsibility for the submission of an
				  application to obtain a permit in accordance with these regulations. All
				  applications for mining permits and amendments must be submitted in a format
				  satisfactory to the Administrator. The applicant shall provide information that
				  is complete, current, presented clearly and concisely, and supported by
				  appropriate references to technical and other written material. The
				  Administrator may require the applicant to supplement the application with
				  information beyond that specifically required by these rules if the
				  Administrator believes that additional information is necessary to make an
				  informed decision.
(a) In addition to
				the requirements of this Chapter, Chapter 2 - Coal Rules and Regulations shall
				apply to coal in situ mining permits and coal in situ Research and Development
				licenses.
(b) Applicable Sections
				of Chapters 8 and 27, Water Quality Division Rules and Regulations, regarding
				groundwater use classification, quality standards, and testing procedures, and,
				outside the aquifer exemption boundary, applicable Maximum Contaminant Levels
				(MCLs) from the U.S. Environmental Protection Agency Rules ( 40 CFR 141 ) shall
				also apply to in situ mining or Research and Development license
				operations.
(c) No in situ mining
				operation shall commence or be conducted unless a valid mining permit or
				license has been issued to the operator from the Department. Applications for
				an In Situ Mining Permit or Research and Development license shall be filed
				with the Administrator of the Land Quality Division. The applicant shall file
				two copies of the application to the Administrator in a format required by the
				Administrator.
(d) The
				Administrator shall review the in situ mining permit or license application and
				determine its suitability for publication in accordance with W.S. §
									
										35-11-406. A permit or Research and
				Development license shall be issued by the Director upon the recommendation of
				the Administrator. In meeting the requirements of
				W.S.
				35-11-406(a)(ix) the map
				should extend a minimum of one mile beyond the permit boundary.
(e) Area permits shall specify the area
				within which underground injections or recovery operations are authorized and
				the requirements for construction, monitoring, reporting, operation, and
				abandonment for all well authorized. The area permit may authorize the
				permittee to construct and operate, convert, or plug and abandon wells within
				the area permit provided the permittee notifies the Administrator at such times
				as the permit requires, the additional well meets the requirements under the
				definition of "area permit" and this section and the cumulative effects of
				drilling and operation of additional injection wells are considered by the
				Administrator during evaluation of the permit application and are acceptable to
				the Administrator. The area permit does not allow for the construction of
				non-bonded infrastructure.
(f)
				Operators having an in situ mining permit or license issued before the
				effective date of these regulations shall present evidence demonstrating
				compliance with the requirements of W. S. §
									
										35-11-426 through W.S. §
									
										35-11-436 and this Chapter. The Administrator
				shall review such evidence and shall advise the operator in writing of such
				additional information or procedures necessary to satisfy the provisions of
				this Chapter and of W.S. §
									
										35-11-426 through W.S. §
									
										35-11-436 within one (1) year of the
				effective date of this Chapter.
(g)
				All applications shall be signed by a responsible corporate officer. All
				reports required by permits (including Annual Reports, Quarterly Monitoring
				Reports, and reports related to excursion monitoring and control) or other
				information required by the Administrator which pertain to Class III injection
				wells shall be signed by a responsible corporate officer or duly authorized
				representative. Any responsible corporate officer or duly authorized
				representative signing a document under this Section shall make the following
				certification:
"I certify under penalty of law that this document and all
				  attachments were prepared under my direction or supervision in accordance with
				  a system designed to assure that qualified personnel properly gather and
				  evaluate the information submitted. Based on my inquiry of the person or
				  persons who manage the system, or those persons directly responsible for
				  gathering the information, the information submitted is, to the best of my
				  knowledge and belief, true, accurate, and complete. I am aware that there are
				  significant penalties for submitting false information, including the
				  possibility of fine and imprisonment for known violations."
(i) "Responsible corporate officers" means:
(A) A president, secretary, treasurer, or
				vice president of the corporation in charge of a principal business function,
				or any other person who performs policy or decision-making functions for the
				corporation, or
(B) The manager of
				one or more manufacturing, production, or operation facilities employing more
				than 250 persons or having gross annual sales or expenditures exceeding $25
				million (in second quarter 1980 dollars), if authority to sign documents has
				been assigned or delegated to the manager in accordance with corporate
				procedures, or
(C) In the case of a
				partnership or sole proprietorship: by a general partner or the proprietor,
				respectively; or
(D) For a
				municipality, State, Federal or other public agency: by either a principal
				executive officer or ranking elected official. For purposes of this section, a
				principal executive officer of a Federal Agency includes:
(I) The chief executive officer of the
				agency, or
(II) A senior executive
				officer having responsibility for the overall operations of a principal
				geographic unit of the agency (e.g. Regional Administrators of the
				EPA).