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 F - FINANCIAL ASSURANCE STANDARDS › Section 20-48 - Corrective Action Contingency Bond Amount Determination

Current through July 13, 2024
(a) The corrective
				  action contingency bond amount shall be determined using the following formula:
Bond Amount = Maximum Rate X fw X
					 fg X fi.
From Table 1, the Maximum Rate is determined by the
					 proposed size of the facility.
From Table 2, fw is a factor that
					 accounts for groundwater monitoring, secondary containment with a liquid
					 collection and recovery system, setback distance of the facility from the
					 permittee's down gradient property line and the class of groundwater that
					 underlies the facility.
From Table 3, fg is a factor that
					 accounts for the saturated hydraulic conductivity and the thickness of the
					 least permeable stratum between the lowest point of construction and the first
					 encountered groundwater.
The effects of variations in the cost index are corrected
					 for by the factor fi. The factor
					 fi is a weighted annual average of the Bureau of Labor
					 Statistics Producer Price Indexes for Capital Equipment, WPUSOP3200; Material
					 and components for construction, WPUSOP2200; and Machinery and equipment,
					 WPU114. On December 31 of each year, fi. shall be
					 calculated for the coming year by dividing the weighted annual index value for
					 the previous year by 100. For example, the fi. for 1998
					 is calculated by dividing the weighted annual index for 1996, 141.5, by 100.
					 The fi. for 1998 is 1.415.
(b) Table 1
Maximum Rate
								Determination*
Number of Swine at the Confined Swine Feeding
								Operation
Maximum Rate
2500 - 5000
$2,800,000
5000 - 10,000
$3,100,000
10,000 - 20,000
$3,500,000
20,000 - 50,000
$4,400,000
* The Maximum Rate is based on estimates of the cost of
					 remediation and subsequent monitoring of the worst case release from a facility
					 housing the range of swine numbers listed.
**Bond amounts for facilities greater than 50,000 animals
					 shall be determined by the Department based on a case-by-case analysis of the
					 potential corrective action costs.
(c) Table 2
Determination of Groundwater
							 Classification Factor (fw)
Groundwater Monitoring
Liquid Collection
							 and Recovery System (Secondary Containment)
Setback Distance from
							 Animal Waste Facility*
Groundwater Classification
fw
Yes/No
No
Class I
1
No
Yes
Class I
0.7
Yes
Yes
Less than ½ mile
Class I
0.4
Yes
Yes
Greater than ½
							 mile
Class I
0.25
Yes/No
No
Class II-III
1
No
Yes
Class II-III
0.4
Yes
Yes
Less than ½ mile
Class II-III
0.2
Yes
Yes
Greater than ½
							 mile
Class II-III
0.1
Yes/No
No
Class IV-VI
1
No
Yes
Class IV-VI
0.2
Yes
Yes
Class IV-VI
0.1
* To Down Gradient Property Boundary or Area Controlled by
					 Groundwater Easement
(d)
				  Table 3
Determination of Vadose Zone Factor
							 (fg)*
Saturated Hydraulic Conductivity (k) of Least
							 Permeable Stratum between Impoundment and First Encountered Groundwater
Thickness of Least Permeable Stratum
fg
Hydraulic conductivity k >
							 10
-4
cm/s
Less than 75 ft.
1
k >
							 10
-4
cm/s
75 to 250 ft.
0.9
k >
							 10
-4
cm/s
Greater than 250 ft.
0.75
10
-4
cm/s
							 > k >
							 10
-6
cm/s
20 to 30 ft.
0.8
10
-4
cm/s
							 > k >
							 10
-6
cm/s
30 to 100 ft.
0.65
10
-4
cm/s
							 > k >
							 10
-6
cm/s
Greater than 100 ft.
0.5
Low Permeability Media k <
							 10
-6
cm/s
3 to 10 ft.
0.4
Low Permeability Media k <
							 10
-6
cm/s
Greater than 10 ft.
0.2
*For facilities developed within highly sensitive
					 hydrogeologic settings (e.g. fractured, faulted or karst terrain) or within
					 Zones of Contribution to public drinking water systems, the value for
					 (fg) will be established by the
					 Administrator.
(e) The
				  corrective action contingency bond amount shall be recalculated each year in
				  accordance with Section 11, Financial Assurance Plan Content. When the bond
				  amount is recalculated, the permittee shall have ninety (90) days to adjust the
				  amount of financial assurance provided after receipt of notification by the
				  Division.