020-11 Wyo. Code R. §§ 11-2 - General Requirements

(a) 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.

(b) In addition to the requirements of this Chapter, Chapter 7 of the Land Quality Noncoal Rules shall apply to in situ mining and Research and Development License operations.

(c) Applicable sections of Chapters 8 and 27 of the Water Quality Rules, regarding groundwater use classification, quality standards, and testing procedures, and, outside the aquifer exemption boundary, applicable Maximum Contaminant Levels from the U.S. Environmental Protection Agency Rules (40 CFR 141), shall also apply to in situ mining or Research and Development License operations.

(d) Applications for a permit or Research and Development License shall be filed with the Administrator. The applicant shall file two copies of the application to the Administrator.

(e) The Division shall prepare a fact sheet for each in situ Class III permit application.

(i) The fact sheet shall include, where applicable:

(A) A brief description of the type of facility or activity which is the subject of the draft permit;

(B) The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being treated, stored, disposed of, injected, emitted, or discharged;

(C) Reasons why any requested variances or alternatives to required standards do or do not appear justified;

(D) A description of the procedures for reaching a final decision on the draft permit including:

(I) The beginning and ending dates of the comment period and the address where comments will be received;

(II) Procedures for requesting a hearing and the nature of that hearing; and

(III) Any other procedures by the public may participate in the final decision.

(E) The name and telephone number of a person to contact for additional information.

(ii) The Administrator shall send the fact sheet to the applicant and, on request, to any other person.

(f) Area permits shall specify the area within which underground injections are authorized and the requirements for construction, monitoring, reporting, operation and abandonment for all wells 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.

(g) The operator shall allow the Administrator, or an authorized representative of the Division, to enter and inspect any property as provided by W.S. §§ 35-11-109(a)(iv), (v) and (vi).

(h) 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 officer" shall be:

(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 operating 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 U.S. Environmental Protection Agency (EPA)).

(ii) "Duly authorized representative" shall be a person who is authorized to sign a document to be submitted to the Land Quality Division as part of the official record regarding an in situ mining permit or Research and Development License. A person shall qualify for this title only if:

(A) The authorization is made in writing by a responsible corporate officer;

(B) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and

(C) The written authorization is submitted to the Division.

(iii) If the responsible corporate officer or duly authorized representative is no longer correctly listed with the Administrator, a new name must be submitted, with required written authorization as required by Sections 2(h)(ii)(A) and (C) of this Chapter, to the Administrator prior to or with any reports, information, or applications to be signed by that individual.

Notes

020-11 Wyo. Code R. §§ 11-2

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