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
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.
Section 2. Applicability.
(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.
(b) This Chapter does not apply to:
(i) Uranium mill tailing facilities that are regulated by the Land Quality Division, Uranium Recovery Program;
(ii) Noncommercial pits and ponds described by W.S. § 30-5-104(d)(vi)(A) that are regulated by the Wyoming Oil and Gas Conservation Commission;
(iii) Class II injection wells that are regulated by the Wyoming Oil and Gas Conservation Commission;
(iv) Sanitary landfills, pits at sanitary landfills, sludge disposal sites, and coal combustion residual surface impoundments permitted by the Solid and Hazardous Waste Division;
(v) Sediment control structures where the outfall enters into another sediment control structure that is permitted under this Chapter;
(vi) Treatment works, sediment impoundments, disposal systems, biosolids facilities, land application, or treated wastewater reuse systems regulated by the Land Quality Division;
(vii) Class V facilities requiring permits under Water Quality Rules Chapter 27;
(viii) Class VI facilities requiring permits under Water Quality Rules Chapter 24;
(ix) Supporting facilities for Class I injection wells permitted under Water Quality Rules Chapter 27;
(x) Confined swine feeding operations permitted under Water Quality Rules Chapter 20;
(xi) Facilities permitted by a municipality, water and sewer district, or county delegated authority under W.S. § 35-11-304;
(xii) Biosolids facilities permitted by EPA, if the recipient of the EPA permit submits a copy of the EPA permit to the Water Quality Division.
(xiii) A person who applies biosolids, domestic septage, or treated wastewater where the biosolids, domestic septage, or treated wastewater are prepared by another person authorized by a permit issued under this Chapter and the applier has a written agreement with the preparer;
(xiv) Initial emergency response activities to stop and contain a release, as defined in Water Quality Rules Chapter 4, that enters or threatens to enter Waters of the State or presents an immediate threat to human health, safety, or the environment.
(a) The definitions in this Section supplement those definitions contained in W.S. § 35-11-103;
(b) "Biosolids" means solid, semi-solid, or liquid residues generated during the treatment of domestic sewage in a treatment works. Biosolids include, but are not limited to, domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from biosolids. Biosolids do not include ash generated during the firing of biosolids in a biosolids incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works.
(c) "Coal combustion residuals" means fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers.
(d) "Domestic septage" means either liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank, cesspool, or similar treatment works that receives either commercial wastewater or industrial wastewater. Domestic septage does not include grease removed from a grease trap at a restaurant.
(e) "Domestic sewage" means waste and wastewater that is primarily from human or household operations that is discharged to or otherwise enters a treatment works.
(f) "Groundwater" means subsurface water that fills available openings in rock or soil materials such that they may be considered water saturated under hydrostatic pressure.
(g) "Noncommercial pits and wells" means pits and wells that are operated by an oil and gas operator; that receive wastes from oil or gas wells on a lease, unit or communitized area; that are not operated primarily for profit; and that are owned or operated by any of the owners of the oil and gas wells that produce the received wastes.
(h) "Non-discharging treatment works" means any plant or other works used for the purpose of treating, stabilizing or holding wastes without any addition of any pollution or wastes to any Waters of the State.
(i) "Publicly owned or controlled facility" means a system owned or controlled by a municipality, county or water and sewer district.
(j) "Receiver" means any zone, interval, formation or unit in the subsurface into which fluids and pollutants are or may be discharged.
(k) "Sedimentation control structures" means any collection ditch, containment ditch or other conveyance or impoundment used to convey runoff to an impoundment or impound runoff for the purpose of settling out sediment or suspended solids. Non-soil strainer dikes, terraces, riprap and mulches primarily intended for soil conservation purposes and are not sedimentation control structures.
(l) "Sedimentation pond" means a primary sediment control structure designed, constructed, or maintained to control runoff to allow sediment to settle out. Dam-created impoundments, excavated depressions, and natural depressions are sedimentation ponds if they are designed, constructed, or maintained to control runoff to allow sediment to settle out and are larger than two acre-feet. Strainer dikes, terraces, riprap, check dams, mulches, or other secondary sediment control structures are not sedimentation ponds.
(m) "Sewage collection facility" means a sewerage system, including pipelines, conduits, storm sewers, pumping stations, force mains, and all other construction, devices, appurtenances, and facilities used for collection or conducting wastes to an ultimate point for treatment or disposal.
(n) "Treated wastewater" means domestic sewage discharged from a treatment works after completion of the treatment process.
(o) "Treatment works" means either a publicly or privately owned device or system used to treat either domestic sewage or a combination of domestic sewage and commercial or industrial waste of a liquid nature. Treatment works also include:
(i) Devices or systems that prepare biosolids or domestic septage for land application or surface disposal; and
(ii) Devices or systems that prepare treated wastewater for reuse.
(p) "Wastewater facilities" means sewerage systems, disposal systems and treatment works.
(q) "Water distribution facility" means pipelines, conduits, pumping stations, storage facilities and all other constructions, devices, appurtenances and facilities used for collecting or conducting water from the source to an ultimate point for treatment and from the treatment facility to the service connections of a public water supply.
Section 4. Individual Permits.
(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.
(b) An applicant for an individual permit shall submit with its application all supporting data necessary for the Director to determine compliance with this Chapter. The Administrator shall review each application or resubmittal within sixty (60) days from the date the application or resubmittal is received and shall make an initial determination of completeness.
(i) An application is complete when the Division receives an application and all supplemental information necessary to determine compliance with this Chapter.
(ii) An application will be denied if the Division determines it is incomplete.
(c) If the Administrator determines that an application is incomplete:
(i) The Administrator may return the application to the applicant, or the Administrator may request additional information to complete the application.
(ii) If the Administrator requests additional information to complete an application, the applicant shall provide the additional information within six (6) months of the request. If the applicant fails to provide the requested information within that period, the Administrator shall deny the application.
(d) All facilities permitted under this Chapter shall be designed, constructed, installed, or modified and operated to meet the minimum design standards of this Chapter and as specified in applicable Water Quality Rules.
(i) The plans and specifications for facilities permitted under this Chapter shall meet the minimum design standards of this Chapter and as specified in applicable Water Quality Rules.
(ii) If an existing facility applies for a permit to modify the facility, or to transfer or renew the permit to operate the facility, and the facility meets the minimum design standards that were in effect when its permit to construct, install, or modify the facility was issued, the Director may:
(A) Issue a permit to modify the facility to increase its capability to treat, hold, or dispose of wastes without altering the minimum design standards that apply to the facility under its existing permit;
(B) Issue a permit to modify the facility that requires the facility to meet the minimum design standards that are in effect when the permit to modify is issued that apply to the modification without altering any other minimum design standards that apply to the facility under its existing permit; or
(C) Issue a permit to modify the facility that requires the facility to meet all minimum design standards that are in effect when the permit to modify the facility is issued.
(iii) If an existing facility does not meet the minimum design standards that were in effect when its permit to construct, install, or modify the facility was issued, any permit to modify the facility, or any transferred or renewed permit to operate the facility, shall require the facility to meet or exceed the minimum design standards of these regulations that are in effect when the permit to modify is issued.
(iv) The Director shall not issue, renew, or transfer a permit to operate to any facility that does not meet the minimum design standards that were in effect when its permit to construct, install, or modify the facility was issued.
(v) All applications for a permit to construct or install a treatment works, disposal system, or other facility capable of causing or contributing to pollution (excluding sedimentation ponds, sedimentation control structures, small wastewater systems, sewerage systems, and public water supplies) shall contain the following:
(A) Documentation that the facility poses no threat of discharge to groundwater. The documentation shall consist of data that demonstrates that:
(I) Facility construction will not allow a discharge to groundwater by direct or indirect discharge, percolation, or filtration;
(II) The quality of wastewater will not cause any violation of the groundwater standards of Water Quality Rules Chapter 8; or
(III) Existing soils or geology will not allow a discharge to groundwater; or
(B) A subsurface study that meets the following requirements and contains the following information:
(I) Type, quantity, source, and chemical, physical, radiological, and toxic characteristics of fluids, wastes, or other materials to be held, treated, or disposed;
(II) The name, description, depth, geology, and hydrology of any receiver that may be affected by the proposed facility;
(III) A map indicating existing well locations, topography, proposed facility locations, and surface water features. The map shall also include proposed monitoring wells if required in accordance with Section 14(a) of this Chapter;
(IV) Types of soils, soil permeability, and soil assimilation capabilities at the site;
(V) Information on all existing water wells near the proposed facility, including well completion, yield, water use, water quality, and other relevant data. This information is required for:
(1.) All wells within one-quarter (¼ ) mile radius of the proposed facility;
(2.) All domestic and public water supplies located in a one (1) mile radius of the proposed facility; and
(3.) In aquifers where groundwater movement is rapid, the Administrator may require this information on wells within a three (3) mile radius of the proposed facility;
(VI) Hydrologic information that includes:
(1.) Potentiometric surface (water table) map;
(2.) Identification of aquifers:
a. Distribution and depth range;
b. Aquifer characteristics; and
c. Aquifer test data; and
(3.) Water quality variations.
(VII) If available, the following information:
(1.) Surface geology maps of:
a. Area distribution of formations or units;
b. Dip and strike; and
c. Faults, dikes, sills, and other intrusives or extrusives.
(2.) Area geologic reports;
(3.) Stratigraphic information, including:
a. Columnar or stratigraphic section;
b. Lithologic descriptions of rock units; and
c. Thickness of rock units; and
(C) The subsurface study shall demonstrate that the proposed facility will not cause or result in a violation of the groundwater standards in Water Quality Rules Chapter 8, contain information and data from pre-operational monitoring wells located to accurately characterize the subsurface environment, and include the following items:
(I) Well locations;
(II) Well completion information;
(III) Depth to the uppermost water-bearing zone;
(IV) Background water quality;
(V) Direction of groundwater movement;
(VI) Hydraulic conductivity;
(VII) Geology and types of soils; and
(VIII) Depth to base of the uppermost water-bearing zone.
(e) The Administrator shall promptly notify the applicant in writing of all actions taken on the application.
(f) If, upon review of an application, the Administrator determines that a permit is not required under the Environmental Quality Act, the Administrator shall notify the applicant of this determination in writing.
(g) The Administrator may provide opportunity for public comment and hold a public meeting prior to recommending individual permit approval if the Administrator determines there is a significant degree of public interest.
(h) If upon review of an application, the Director determines that a permit should not be granted, the Director shall notify the applicant in writing of the permit denial and state the reasons for denial.
Section 5. General Permits.
(a) The Director shall issue a general permit for the installation, modification, construction, or operation of new systems for the following classes of facilities:
(i) Small wastewater facilities that require a permit under Water Quality Rules Chapter 25;
(ii) Extensions to or modifications of existing sewage collection facilities and public water supply distribution facilities, excluding finished water storage facilities, booster pump systems, and sewage lift systems;
(iii) Pilot plants constructed to obtain data to demonstrate compliance with applicable Water Quality Rules.
(b) The general permit for each type of facility listed in paragraph (a) of this Section shall contain requirements to protect surface and groundwater resources and to provide safe and adequate water for public water supply systems.
(c) The Administrator shall provide public notice and opportunity for public comment on the draft general permit before it is issued by the Director. The public comment period shall include:
(i) Notice in a paper of statewide circulation and electronic notification to persons on the Division subscriber list;
(ii) A minimum 30-day public comment period;
(iii) An opportunity for a public hearing if the Administrator determines there is a significant degree of public interest in the draft general permit; and
(iv) The preparation of a written analysis of how the Division responded to public comments. This analysis shall be made available to all persons who commented on the proposed permit.
(d) Applications for coverage under a general permit shall be submitted to the Division in a format required by the Administrator and include the application form, plans, specifications, design data, and other pertinent information concerning the project.
(e) All facilities described in paragraph (a) of this Section shall be designed, constructed, installed, modified, and operated to meet minimum design standards as specified in applicable Water Quality Rules.
(f) 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.
(g) All plans and specifications shall conform to common and accepted engineering and geologic practices as determined by the Administrator or as defined by applicable Water Quality Rules.
(h) Facilities are authorized under the general permit when the Administrator issues a written notification of coverage under the general permit.
(i) The Administrator may require an applicant for a general permit to obtain an individual permit for that facility if the Administrator determines that the general permit would not be protective of surface water standards, groundwater standards, public health, or the environment.
Section 6. Permit by Rule.
(a) The following facilities are permitted by rule when they are constructed, installed, modified, or operated in accordance with the requirements of this section:
(i) Monitoring wells, boreholes, test holes installed using direct push methods, soil vapor surveys, and test pits that are used to characterize subsurface conditions at sites where pollution is not known to exist; and
(ii) Monitoring wells and other subsurface investigation facilities used to obtain information for a permit application under Sections 4(d) and 14 of this Chapter.
(b) Prior to constructing or installing the facility, owners shall submit to the Administrator a Notice of Intent that includes the owner's name; address; phone number; legal description of the facility including the physical address, latitude and longitude, or township, range section and quarter-quarter (¼ ¼) section; any associated permit numbers and or program the facility operates under; the number of facilities to be installed under this Authorization, and; the date construction or installation will begin. By submission of the required information, the owner acknowledges and certifies they will comply with the requirements contained in this section.
(c) If pollution that has entered or threatens to enter Waters of the State, including groundwater, is found during installation of a facility permitted by rule pursuant to this Section, the owner shall notify the Administrator within twenty-four (24) hours.
(d) When pollution that has entered or threatens to enter Waters of the State, including groundwater, is found in facilities described in paragraphs (a)(i) and (a)(ii) of this Section, the property owner or owner of the test facility shall immediately notify the Water Quality Division and submit a written report to the Administrator within thirty (30) days of receipt of the initial sample results. The report shall include:
(i) The name, address, and telephone number of the operator and the owner of the property;
(ii) A legal description of the specified property by ¼ section, township and range, or by latitude and longitude if accurate to within ten (10) meters;
(iii) The type, nature and extent of the pollution;
(iv) A brief description of the suspected source(s)of pollution;
(v) A description of any known or potential threat to human health, safety, or the environment;
(vi) A description of any corrective action(s) that have been taken or are planned to be taken;
(vii) Any sample results obtained; and
(viii) A seal, signature, and date by a Wyoming Professional Engineer or a Wyoming Professional Geologist, as applicable, on all plans, specifications, and reports submitted under this Section.
(e) Monitoring wells shall be designed and constructed in compliance with Water Quality Rules Chapter 26. Toxic glue shall not be used in monitoring wells.
(f) Monitoring wells shall be plugged and abandoned in compliance with Water Quality Rules Chapter 26. All other subsurface investigation facilities shall be abandoned by proper sealing to prevent surface contamination from reaching groundwater and to prevent the intermingling of aquifers.
(g) The Administrator may request information from the owner or operator of a facility permitted by rule to determine whether that facility may be in violation of or causing a violation of Water Quality Rules. Any request for information under this section shall be made in writing and include a brief statement of the reasons for requesting the information. An owner or operator shall submit the information within the time frame provided in the request for information.
(h) The Administrator may require any owner or operator of a facility permitted by rule to obtain an individual permit for that facility if the Administrator determines that a permit by rule would not be protective of surface water standards, groundwater standards, public health, or the environment.
(i) Coverage for facilities permitted by rule continues until the facility is properly closed, until coverage is suspended, terminated, or revoked under Section 13 of this Chapter, or until an individual permit or authorization under a general permit is issued for the facility.
Section 7. Sedimentation Control Structures.
(a) Sedimentation control structures shall:
(i) Not obtain wastewater from any other source than natural runoff;
(ii) Not be located in a drainage channel that accepts runoff from undisturbed areas;
(iii) Be constructed before lands are affected, except sedimentation control structures for topsoil piles may be completed within fifteen (15) days after the need arises; and
(iv) Individually contain less than two acre-feet of runoff in addition to sediment storage or contain less than two acres in surface area, whichever is smaller;
(b) Within thirty (30) days after construction of a sedimentation control structure is completed, the permittee shall submit the following information to the Division:
(i) Exact size, location, and capacity of the facility; and
(ii) Amount of disturbed area and other information used by the permittee to size the facility.
(c) An applicant may obtain an individual permit for each sedimentation control structure or may obtain a permit for a sedimentation control structure plan that authorizes multiple sedimentation control structures. The permit application for a sedimentation control structure plan shall contain:
(i) Design information that the applicant shall use to size individual facilities to meet requirements of applicable Wyoming Water Quality Rules;
(ii) Provisions for dewatering;
(iii) Typical design and construction details of the facilities; and
(iv) Plan view indicating all areas to be covered by the sedimentation control structure and the topography of the area.
Section 8. Permit Duration.
(a) In general, any construction, installation, modification, reuse of treated wastewater or land application permits authorized by a permit issued under this Chapter shall be completed within five (5) years from the date of issuance.A permit may specify a shorter deadline.
(i) For individual permits, the date of issuance is the date the Director issues the permit to the permittee.
(ii) For general permits, the date of issuance is the date the Director issues a written notification of coverage to the permittee.
(b) If the construction, installation, or modification, reuse of treated wastewater, or land application is not completed within five (5) years of the date of issuance or by the deadline specified in the permit (whichever is sooner), the permit automatically terminates, and the applicant shall obtain a new permit before constructing, installing, or modifying the facility, or continuing to reuse treated wastewater, or land apply.
(c) If the permittee completes construction, installation, or modification of the facility, or reuse of treated wastewater or land application before the deadline established by this paragraph or the permit (whichever is sooner), the permit continues as a permit to operate the facility. The permittee may continue to operate the facility in compliance with the terms of the permit until the permit is suspended, revoked, or terminated under Section 13 of this Chapter.
(d) Operational, record keeping, and reporting requirements shall remain in effect for the life of the facility.
Section 9. Transferring Permits.
(a) Any permit issued under this Chapter is specific to the facility and applicant, and no permit shall be transferred without the approval of the Director. The Director shall issue permits only to:
(i) The owner of a public water supply, sewerage system, treatment works, disposal facility, biosolids management facility, treated wastewater system, or other facility capable of causing or contributing to pollution; or
(ii) The preparer or applier of the treated wastewater or biosolids.
(b) To transfer a permit to a new owner of a facility, a new preparer of treated wastewater or biosolids, or a new applier of treated wastewater or biosolids, the new applicant shall:
(i) Complete and submit an ownership transfer form to the Division; and
(ii) Include with the ownership transfer form a written request from the existing permittee to transfer the permit to the new applicant.
Section 10. Renewing Permits.
(b) The Director may renew an expired or terminated permit if the Director determines that renewing the permit will not cause or result in a violation of the requirements of this Chapter or the requirements of other applicable Water Quality Rules.
Section 11. Denying Permits or Coverage under a General Permit.
(a) The Director may deny a permit or coverage under a general permit for any of the following reasons:
(i) The application is incomplete;
(ii) The facility does not meet the minimum design standards of this Chapter or other applicable Water Quality Rules;
(iii) The installation, construction, modification, or operation of the facility will cause or result in a violation of the surface water standards in Water Quality Rules Chapter 1 or the groundwater standards in Water Quality Rules Chapter 8;
(iv) The installation, construction, modification, or operation of the facility would not comply with applicable state and local water quality management plans as required by Section 15 of this Chapter;
(v) The installation, construction, modification, or operation of the facility would result in hydraulic or organic overloading of wastewater facilities;
(vi) The installation, construction, modification, or operation of the facility would result in public water supply demand in excess of source, treatment, or distribution capabilities; or
(vii) The Director determines that the installation, construction, modification, or operation of the facility would not be protective of surface water standards, groundwater standards, public health, or the environment.
(b) The Director shall notify the applicant in writing of the reason(s) for denying the permit.
Section 12. Amending Permits.
(a) The Director may modify a permit for any of the following reasons:
(i) Existing, unknown, or changing site conditions that would prevent compliance with the Water Quality Rules;
(ii) Receipt of additional information; or
(iii) The Administrator determines that modifying the permit is necessary to achieve compliance with Water Quality Rules or the Environmental Quality Act; or
(iv) The permittee requests a permit modification.
(b) The Department shall notify the permittee in writing of its intent to modify an individual permit. The notification shall include the proposed permit modification and the reasons for modifying the permit. The modified permit is effective twenty (20) days after the permittee receives notice of the Department's intent to modify the permit unless within that time the permittee requests a contested case hearing before the Environmental Quality Council.
(c) The Director shall issue a new individual permit that reflects the modifications when the permit becomes effective.
(d) The Director shall review each general permit at least every five (5) years from the date of issuance, make modifications as needed, and reissue the general permit.
(i) All proposed modifications to the general permit shall be subject to public notice and opportunity for public comment according to Section 5(c) of this Chapter before the general permit is modified.
(ii) Facilities that are covered under a general permit shall continue to be covered under the modified general permit. To continue to be covered, facilities shall comply with all requirements of the modified general permit.
(e) A permittee may request a modification to its permit at any time by submitting a new application, an amended application, or a request to modify the permit.
(f) Any request to modify a permit, deviate from the plans submitted with the permit application, or use alternative materials or procedures shall be made in writing, and no modification to the permit shall be effective until the Director issues written authorization or a modified permit, except that:
(i) To prevent construction delays, a permittee may verbally request to use alternative materials or procedures, and the Administrator may verbally approve the request. The Administrator may approve the request if the materials or procedures specified in the issued permit cannot be obtained or accomplished and alternative materials or procedures meet the minimum design standards of this Chapter, Water Quality Rules Chapter 11, Water Quality Rules Chapter 12, Water Quality Rules Chapter 25, and Water Quality Rules Chapter 28; and
(ii) Verbal approval to use alternative materials or procedures is immediately effective, provided that the permittee submits a written request within five (5) days of receiving verbal approval.
Section 13. Suspending, Revoking, and Terminating Permits.
(a) The Director may suspend, revoke, or terminate an individual permit, coverage under a general permit, or coverage under a permit by rule for any of the following reasons:
(i) Noncompliance with the terms of the permit, the Water Quality Rules, or the Environmental Quality Act;
(ii) Unapproved modifications in design or construction;
(iii) False information submitted in the application, failure in the application or during the issuance process to disclose fully all relevant facts, or misrepresenting any relevant facts at any time;
(iv) Changing site conditions that would result in violation of the requirements of this Chapter or applicable Water Quality Rules;
(v) Noncompliance with applicable state and local water quality management plans as required by Section 15 of this Chapter; or
(vi) The Director determines that the installation, construction, modification, or operation of the facility is not protective of surface water standards, groundwater standards, public health, or the environment.
(b) The Department shall notify the permittee in writing of its intent to suspend, terminate, or revoke an individual permit or coverage under a general permit. The notification shall include the reasons for suspending, terminating, or revoking the permit. The suspension, revocation, or termination is effective twenty (20) days after the permittee receives the Department's notice unless the permittee requests a contested case hearing before the Environmental Quality Council.
(c) Individual permits and authorizations under general permits automatically terminate:
(i) Sixty (60) days after sale or exchange of the permitted facility if the Division does not receive an application to transfer the permit in compliance with Section 9(b) of this Chapter;
(ii) When superseded by a new, transferred, renewed, or modified permit; and
(iii) Upon written request of the permittee.
Section 14. Environmental Monitoring Program for Protection of Waters of the State.
(a) As determined by the Administrator, whenever a facility may cause, threaten, or allow the discharge of any pollution or wastes into Waters of the State or may alter the physical, chemical, radiological, biological or bacteriological properties of any Waters of the State, the permittee shall develop and implement an environmental monitoring program.
(b) An environmental monitoring program shall be adequate to ensure detection and knowledge of migration and behavior of the pollution or wastes and may include:
(i) Operational monitoring;
(ii) Post-discharge or post-operational monitoring; and
(iii) Recordkeeping and reporting.
(c) A monitoring program shall include plans for monitoring the quality of affected or potentially affected surface water and groundwater, including:
(i) Stratigraphic and depth interval to be monitored by each well;
(ii) Details of monitor well(s) construction;
(iii) Details of how the monitoring program shall be carried out from preparation to site abandonment;
(iv) Background water quality obtained from representative samples that characterize water quality and water quality variability for each monitor well;
(v) Background water quality for wells and surface water that may be impacted, based on site-specific geohydrology;
(vi) A description of how representative sampling shall be accomplished; and
(vii) Parameter list(s) and frequency of sampling after operation begins.
(d) The permittee is responsible for properly installing, operating, maintaining, and removing all necessary monitoring equipment.
Section 15. Compliance with State and Local Water Quality Management Plans.
(a) No permit may be issued for any facility that conflicts with any local or state-approved water quality management plan established pursuant to section 201 of the Clean Water Act, 33 U.S.C. § 1281.
(b) No permit may be issued for any facility that conflicts with any Department of Environmental Quality-approved wellhead protection plan established pursuant to section 1428 of the Safe Drinking Water Act, 42 U.S.C. § 300h-7 or local source water protection plan established pursuant to section 1453 of the Safe Drinking Water Act, 42 U.S.C. § 300j-13.