020-11 Wyo. Code R. §§ 11-12 - Permit and Research and Development License Requirements

(a) Every permits and Research and Development Testing Licenses shall include the following provisions, either expressly or by reference:

(i) The operator has a duty to comply with all terms and requirements of the approved permit or Research and Development License.

(A) Any permit or Research and Development License noncompliance is grounds for enforcement action and any Research and Development License noncompliance is grounds for denial of a Research and Development License renewal application.

(B) The filing of a request by the operator for a permit or Research and Development License revision per Chapter 7 or Section 14 of this Chapter does not waive any permit or Research and Development License condition.

(ii) It shall not be a defense for an operator in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the requirements of this permit or Research and Development License.

(iii) The operator has a duty to take all reasonable steps to minimize, mitigate, or correct any adverse impact on the environment resulting from noncompliance with this permit or Research and Development License.

(iv) The operator shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the operator to achieve compliance with the terms and requirements of the permit or Research and Development License. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the terms and requirements of the permit or Research and Development License.

(v) The permit or Research and Development License does not convey any property rights of any sort or any exclusive privilege.

(vi) The operator has a duty to provide to the Administrator, within a time specified, any information which the Administrator may request to determine whether cause exists for revising or revoking the permit or Research and Development License, or to determine compliance with this permit or Research and Development License. The operator shall also furnish to the Administrator, upon request, copies of records to be kept as required by the permit or Research and Development License.

(vii) In compliance with all the provisions of Chapter 7 and Section 14 of this Chapter:

(A) The operator shall give notice to the Administrator as soon as possible of any planned physical alterations or additions to the permitted or licensed facility; and

(B) When the operator becomes aware of a failure to submit any relevant facts in a permit or Research and Development License application, or the submission of incorrect information in a permit or Research and Development License application or in any report to the Administrator, the operator shall promptly submit a correction of such facts or information to the Administrator.

(viii) Prior to requesting bond reduction for abandonment of a Class III well or wells within a wellfield area or for conversion of a Class III well to another use, the operator shall provide documentation and receive approval from the Administrator regarding the plugging of the well or wells within a wellfield area or conversion of the well.

(ix) The following are incorporated into and constitute requirements of the permit:

(A) Plans for corrective action, including injection pressure limitation, as specified in Section 20(a) of this Chapter;

(B) Monitoring requirements as specified in Section 16 of this Chapter;

(C) Schedule and methods to establish and maintain mechanical integrity as specified in Section 9 of this Chapter: and

(D) A plan for well repairs, plugging, and conversion as specified in Section 10 of this Chapter.

(x) The approved permit or Research and Development License shall include maximum injection volumes and/or pressures necessary to assure: fractures are not initiated in the confining zone; injected fluids do not migrate into any unauthorized zone; and formation fluids are not displaced into any unauthorized zone. Operating requirements shall, at a minimum, specify that:

(A) Except during well stimulation, injection pressure at the wellhead shall be calculated to assure that the pressure in the production zone during injection does not initiate new fractures or propagate existing fractures. In no case, shall injection pressure initiate fractures in the confining zone, if confinement is present, or cause the migration of injection or formation fluids into an unauthorized zone; and

(B) Injection between the outermost casing protecting unauthorized zones and the well bore is prohibited.

(xi) No operator shall construct, operate, maintain, convert, plug, abandon, or conduct any other injection or mining-related activity in a manner that allows the movement of fluid containing any contaminant into zones or intervals other than those zones authorized in the approved permit or Research and Development License. The operator shall have the burden of showing that the requirements of this paragraph are met.

Notes

020-11 Wyo. Code R. §§ 11-12

Amended, Eff. 11/13/2018. Amended, Eff. 11/17/2022.