§ 35-11-302 — Administrator's authority to recommend standards, rules, regulations or permits

(a) The administrator, after receiving public comment and
after consultation with the advisory board, shall recommend to
the director rules, regulations, standards and permit systems to
promote the purposes of this act. Such rules, regulations,
standards and permit systems shall prescribe:
(i) Water quality standards specifying the maximum
short-term and long-term concentrations of pollution, the
minimum permissible concentrations of dissolved oxygen and other
matter, and the permissible temperatures of the waters of the
state;
(ii) Effluent standards and limitations specifying
the maximum amounts or concentrations of pollution and wastes
which may be discharged into the waters of the state;
(iii) Standards for the issuance of permits for
construction, installation, modification or operation of any
public water supply and sewerage system, subdivision water
supply, treatment works, disposal system or other facility,
capable of causing or contributing to pollution;
(iv) Standards for the definition of technical
competency and the certification of operating personnel for
community water systems and nontransient noncommunity water
systems, sewerage systems, treatment works and disposal systems
and for determining that the operation shall be under the
supervision of certified personnel. Prior to recommending these
standards to the director, the administrator shall consult with
affected municipalities, water and sewer districts, counties and
treatment operators;
(v) Standards for the issuance of permits as
authorized pursuant to section 402(b) of the Federal Water
Pollution Control Act as amended in 1972, and as it may be
hereafter amended;
(vi) In recommending any standards, rules,
regulations, or permits, the administrator and advisory board
shall consider all the facts and circumstances bearing upon the
reasonableness of the pollution involved including:
(A) The character and degree of injury to or
interference with the health and well being of the people,
animals, wildlife, aquatic life and plant life affected;
(B) The social and economic value of the source
of pollution;
(C) The priority of location in the area
involved;
(D) The technical practicability and economic
reasonableness of reducing or eliminating the source of
pollution; and
(E) The effect upon the environment.
(vii) Such reasonable time as may be necessary for
owners and operators of pollution sources to comply with rules,
regulations, standards or permits;
(viii) Financial assurance requirements for plugging,
abandonment, post-closure monitoring, corrective actions and
site reclamation for any class I hazardous waste or nonhazardous
waste underground injection facility or class V coalbed methane
underground injection facility as described in 40 C.F.R. Part
146. Rules, regulations, standards and permit systems
recommended and prescribed under this paragraph shall apply only
to any permit issued, renewed or transferred after July 1, 2018,
under department of environmental quality regulations for a
class I hazardous waste or nonhazardous waste underground
injection facility or class V coalbed methane underground
injection facility;
(ix) Standards for housed facilities where swine are
confined, fed and maintained for a total of forty-five (45)
consecutive days or more in any twelve (12) month period and the
feedlot or facility is designed to confine an equivalent of one
thousand (1,000) or more animal units. If any county adopts a
land use plan or zoning resolution which imposes stricter
requirements than those found in subparagraph (C) of this
paragraph, the county requirements shall prevail. These
standards shall include:
(A) Financial assurance for accidents and
closure requirements for facilities which contain treatment
works;
(B) Waste and manure management plans to prevent
pollution of waters of the state, to minimize odors for public
health concerns, pathogens and vectors capable of transporting
infectious diseases and to specify land application
requirements;
(C) Setback requirements which will restrict the
location and operation of structures housing swine and lagoons
within:
(I) One (1) mile of an occupied dwelling
without the written consent of the owner of the house;
(II) One (1) mile of a public or private
school without the consent of the school's board of trustees or
board of directors;
(III) One (1) mile of the boundaries of any
incorporated municipality without the resolution and consent of
the governing body of the municipality;
(IV) One-quarter (1/4) mile of a water well
permitted for current domestic purposes without the written
consent of the owner of the well;
(V) One-quarter (1/4) of a mile of a
perennial stream unless it is demonstrated to the department
that potential adverse impacts to the water quality of the
stream can be avoided.
(D) Provisions for notice of intent to issue a
permit and opportunity for public comment.
(x) Standards for the determination of capacity
development capabilities to ensure that all new or modified
community water systems and new or modified nontransient
noncommunity water systems commencing operation after October 1,
1999, demonstrate capacity development capabilities and by
October 1, 2001, develop a strategy to assist all community and
noncommunity water systems in acquiring and maintaining capacity
development by adopting procedures governing capacity
development in compliance with section 1420 of the Safe Drinking
Water Act (42 U.S.C. § 300g-9). The department shall have the
authority to require new systems in noncompliance of capacity
development capabilities to take steps to correct inadequacies
or cease water system operations;
(xi) Standards for subdivision applications submitted
to the department under W.S. 18-5-306. The administrator shall
consult with county commissioners and the state engineer's
office in developing standards to recommend to the director.
(b) The administrator, after receiving public comment and
after consultation with the advisory board, shall recommend to
the director rules, regulations and standards to promote the
purposes of this act. The rules, regulations and standards
shall prescribe:
(i) A schedule for the use of credible data in
designating uses of surface water consistent with the
requirements of the Federal Water Pollution Control Act (33
U.S.C. sections 1251 through 1387). The use of credible data
shall include consideration of soils, geology, hydrology,
geomorphology, climate, stream succession and human influence on
the environment. The exception to the use of credible data may
be in instances of ephemeral or intermittent water bodies where
chemical or biological sampling is not practical or feasible;
(ii) The use of credible data in determining water
body's attainment of designated uses. The exception to the use
of credible data may be in instances where numeric standards are
exceeded, or in ephemeral or intermittent water bodies where
chemical or biological sampling is not practical or feasible.
(c) Nothing in this act shall be construed to supersede or
abrogate any valid water right. It is recognized that diversion
of water caused by the exercise of a valid water right is an
allowable practice. The administrator shall:
(i) Develop water quality standards for surface
waters where hydrologic modification resulting from the exercise
of valid water rights precludes the attainment of existing water
quality standards;
(ii) Prepare a schedule to develop appropriate water
quality standards based on the completion of a use attainability
analysis for any waters that have been identified pursuant to 33
U.S.C. § 1315(b) where dams, diversions or other types of
hydrologic modification preclude the attainment of any existing
water quality standard.