CHAPTER 1
GENERAL PROVISIONS
Section 1.In General.
(a)This Chapter is promulgated pursuant to the Wyoming Environmental Quality Act, specifically Wyoming Statute (W.S.) § 35-11-503.
(b)Definitions: In addition to the definitions in the Wyoming Environmental Quality Act, for the purpose of these rules and unless the context otherwise requires:
(i)"Act" means the Wyoming Environmental Quality Act, W.S. §§ 35-11-101 et seq.
(ii)"Active life" means the period of operation beginning with the initial receipt of solid waste and ending at completion of closure activities.
(iii)"Active portion" means that part of a facility or unit that has received or is receiving wastes and that has not been closed or reclaimed.
(iv)"Applicant" means that person, as defined in the Act, submitting an application to the Administrator for a permit for a solid waste management facility, who shall be:
(A)For a city owned facility, the city;
(B)For a county owned facility, the county;
(C)For a facility owned by any other public entity, that public entity;
(D)For an individual, the individual;
(E)For a corporation, the corporation; and
(F)For a sole proprietorship or partnership, the partnership or proprietorship.
(v)"Aquifer" means, in relation to all solid waste facilities except municipal solid waste landfills, a geologic formation, group of formations, or portion of a formation capable of yielding significant quantities of groundwater to wells or springs. For municipal solid waste landfills, "aquifer" means an underground geologic formation:
(A)Which has boundaries that may be ascertained or reasonably inferred;
(B)In which water stands, flows, or percolates;
(C)Which is capable of yielding to wells or springs significant quantities of groundwater that may be put to beneficial use; and
(D)Which is capable of yielding to wells or springs which produce a sustainable volume of more than one-half gallon of water per minute.
(vi)"Asbestos-containing solid wastes" or "asbestos" means solid wastes containing greater than one percent by weight asbestos in any of the asbestiform varieties of: chrysotile (serpentine), amosite (cummingtonite, grunerite), crocidolite (riebeckite), anthophyllite, actinolite, or tremolite, and which may be considered friable asbestos.
(vii)"Buffer zone" means that portion of the solid waste management facility which is not used for waste management activities but is reserved for the placement and operation of monitoring equipment or for preventing public access during specific waste disposal events, such as the disposal of friable asbestos. The fire lane may be within the buffer zone.
(viii)"Cell" means compacted solid wastes that are enclosed by natural soil or other cover material within a trench, unit, or area-fill in a land disposal facility.
(ix)"Cease Disposal" for the purposes of the Cease and Transfer Program created pursuant to W.S. §§ 35-11-528 through 532, means ceasing disposal of municipal solid waste.
(x)"Clean fill" means fill consisting solely of uncontaminated natural soil and rock, hardened asphalt rubble, bricks, and concrete rubble.
(xi)"Clean wood" means untreated wood which has not been painted, stained, or sealed. Clean wood does not include treated railroad ties, treated posts, paper, or construction/demolition wastes containing non-wood materials.
(xii)"Closed facility" means a regulated facility at which operations have been properly terminated in accord with an approved facility closure plan on file with the Solid and Hazardous Waste Division or the Water Quality Division and complying with all applicable rules and requirements concerning its stabilization.
(xiii)"Closure" in the context of a facility means the act of securing and stabilizing a regulated facility pursuant to the requirements of these rules. Closure of an individual unit means securing and stabilizing an individual unit of a facility, including the construction of final cover over disposal units that have reached their permitted capacity and may also be referred to as intermediate or phased reclamation.
(xiv)"Closure period" means the period of time during which a facility is completing closure. The closure period begins when the facility ceases receipt of wastes. The closure period ends when the Administrator approves certification from a registered professional engineer confirming that the provisions of the closure plan have been carried out and that the facility has been closed in compliance with the closure standards specified in these rules.
(xv)"Commercial solid waste management facility" means any facility receiving a monthly average greater than 500 short tons per day of unprocessed household refuse or mixed household and industrial refuse for management or disposal excluding lands and facilities subject to W.S. § 35-11-402(a)(xiii).
(xvi)"Complete application" means a permit application that the Administrator has determined to contain all the information required to be submitted by the rules, in sufficient detail to allow a technical review of the information to commence.
(xvii)"Constituent" when used in the context of groundwater monitoring, generally means inorganic substances and organic compounds that may be found in groundwater and in particular the constituents that must be monitored in groundwater samples collected under the applicable chapter of the Solid Waste Rules and Regulations.
(xviii)"Construction/demolition landfill" means a solid waste management facility that accepts only inert construction waste, demolition waste, street sweepings, brush, or other material specifically approved by the Administrator. This excludes garbage, liquids, sludges, friable asbestos, and hazardous or toxic wastes.
(xix)"Construction/demolition waste" includes but is not limited to stone, clean and treated wood, concrete, asphaltic concrete, cinder blocks, brick, plaster and metal or other material specifically approved by the Administrator.
(xx)"Container" means any portable device in which a material is stored, transported, treated, disposed of or otherwise handled.
(xxi)"Corrective action" means all actions necessary to eliminate the public health threat or environmental threat from a release to the environment of pollutants from an operating or closed regulated facility and to restore the environmental conditions as required.
(xxii)"Cover material" means soil or other suitable material that is used to cover compacted solid wastes in a land disposal facility.
(xxiii)"Decommissioning" means removing all liquids and accumulated sludges, and cleaning a storage tank for its intended reuse or disposal.
(xxiv)"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste material into or on any land or water so that such waste material or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
(xxv)"Existing facility" means any facility that was receiving solid wastes on or before September 13, 1989.
(xxvi)"Existing unit" means any municipal solid waste landfill unit receiving solid waste as of October 9, 1993.
(xxvii)"Facility" means the total contiguous area described in the permit application and which is occupied by any solid waste management area, unit, site, process, or system and the operation thereof including, but not limited to, equipment, buildings, solid waste treatment, storage, transfer, processing, and disposal areas, buffer zones, monitor well systems, fire lanes, working area litter and access fences, systems for the remediation of releases to the environment, and perimeter access control fences. The term "facility" does not include contiguous or noncontiguous lands which may be owned or leased by the applicant which are not disturbed by solid waste management operations and which are external to the contiguous area occupied by the solid waste management area, unit, site, process, or system.
(xxviii)"Farming and ranching operation" means agricultural operations whose principal function is the growing of crops and the raising of livestock, but does not include large concentrated animal feeding operations as defined by the Water Quality Rules, Chapter 2, Appendix G.
(xxix)"Final cover" means cover material that is used to completely cover the top of a land disposal facility or unit, including, but not limited to, compacted soils, drainage layers, synthetic membranes, soil-cement admixtures, and topsoils.
(xxx)"Fire lane" means an area which does not contain combustible materials, including vegetation, and which can be utilized to provide access to firefighting equipment.
(xxxi)"Floodplain" means low land and relatively flat areas adjoining inland and coastal waters, including flood-prone areas of offshore islands that are inundated by the 100-year flood.
(xxxii)"Friable asbestos" means asbestos that, when dry, can be crumbled, pulverized or reduced to powder by hand pressure, and includes previously nonfriable asbestos after such previously nonfriable asbestos becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.
(xxxiii)"Garbage" means any putrescible solid or semi-solid animal or vegetable waste material resulting from the handling, preparation, cooking, serving and consumption of food.
(xxxiv)"Green waste" means organic plant materials, such as yard trimmings, grass clippings, house and garden plants, tree trimmings, and brush. Green waste does not include other putrescible waste including, but not limited to food waste, animal waste, and manure.
(xxxv)"Groundwater" means, in relation to all solid waste facilities except municipal solid waste landfills, water below the land surface in a saturated zone of soil or rock. For municipal solid waste landfills, "groundwater" means any water, including hot water and geothermal steam, under the surface of the land or the bed of any stream, lake, reservoir or other body of surface water, including water that has been exposed to the surface by an excavation such as a pit which:
(A)Stands, flows or percolates; and
(B)Is capable of being produced to the ground surface in sufficient quantity to be put to beneficial use.
(xxxvi)"Incineration" means the controlled process by which combustible solid wastes are burned and altered to noncombustible gases and other residues. A solid waste incineration facility is considered to be a solid waste management facility.
(xxxvii)"Incorporated city or town" shall mean a "first class city" or a "town" as defined in W.S. § 15-1-101(a).
(xxxviii)"Industrial landfill" means a solid waste management facility utilizing an engineered method of land disposal primarily for industrial solid waste.
(xxxix)"Industrial solid waste" means solid waste resulting from, or incidental to, any process of industry, manufacturing, mining or development of any agricultural or natural resources.
(xl)"Irrevocable letter of credit" means a negotiated financial instrument that is used to pay a beneficiary issued by a banking institution to guarantee payment.
(xli)"Landfill" means a solid waste management facility for the land burial of solid wastes, utilizing an engineered method of controls to avoid creating a hazard to the public health, the environment, plants, or animals.
(xlii)"Lateral expansion" of a facility means the horizontal enlargement of the boundaries of a solid waste management facility. Lateral expansion of a disposal unit means the horizontal enlargement of the permitted waste boundaries of a disposal unit.
(xliii)"Liabilities" means obligations to transfer assets or provide services to other entities in the future as a result of past transactions including off-balance sheet liabilities.
(xliv)"Lower explosive limit" means the lowest percent by volume of a mixture of explosive gases in air that will propagate a flame at 25° Celsius and atmospheric pressure.
(xlv)"Low hazard or low volume treatment, processing, storage, and transfer facility" means a solid waste management facility which accepts only solid wastes as described in this subsection. This provision does not apply to facilities whose owner or operator simultaneously owns or operates more than one such solid waste management facility within one mile of each other.
(A)Mobile transfer, treatment, and storage facilities.
(B)Clean wood waste storage facilities: Facilities storing clean wood waste in storage piles with a combined base surface area larger than 10,000 square feet or containing greater than 100,000 cubic feet of clean wood waste. So long as clean wood waste at such facilities is stored no less than 100 feet from off-site structures, storm water is properly managed, and the pile does not create a public or private nuisance.
(C)Solid waste transfer, treatment, storage, and processing facilities: Solid waste transfer, treatment, storage, and processing facilities receiving fifty cubic yards or less of solid waste per day and occupying no more than ten acres, including a twenty-foot buffer zone within a fenced facility boundary, which individually or in combination manage no more than the specified types and quantities of the following wastes:
(I)Paper, cardboard, plastic, aluminum cans, glass, and metal, or other nonputrescible municipal solid wastes which may be specifically authorized by the Administrator, for the primary purposes of transfer to a recycling facility or beneficial reuse in a manner approved by the Administrator. This provision applies to the sorting, shredding, grinding, crushing, baling, and storage of these wastes, except CRTs as noted below, prior to transfer to a recycling facility or approved beneficial reuse site; and
(II)5,000 gallons of used oil; and
(III)5,000 gallons of used antifreeze; and
(IV)1,000 scrap tires stored in compliance with standards in Chapter 8 of these rules, if the scrap tires are stored to be recycled, reclaimed, reused, or are destined for disposal at a permitted facility; and
(V)Green waste and clean wood waste storage piles, and
(VI)Compost piles for green waste and manure operated in a manner that does not create odors, constitute a nuisance, or attract vectors; and
(VII)Household hazardous waste collected no more frequently than quarterly collection days, provided that the household hazardous waste collected is removed from the site and transported to a permitted facility within thirty days of receipt; and
(VIII)50 cubic yards of electronic waste, other than CRTs, stored in containers; and
(IX)50 cubic yards of CRTs stored intact in containers and kept whole without any shredding, grinding, crushing, or baling; and
(X)500 lead acid batteries, if the batteries are stored in an upright position and are not leaking, for the purpose of transfer to a recycling facility; and
(XI)100 cubic yards of construction and demolition waste stored in containers; and
(XII)150 cubic yards of mixed solid wastes stored in containers and animal mortality managed in mixed municipal solid waste or separate containers.
(D)Commercially operated used oil management facilities: Used oil collection centers, aggregation points, transfer facilities, processors, re-refiners, burners, and used oil fuel marketers that store greater than 10,000 gallons of used oil to be recycled or burned for energy recovery, subject to the used oil management requirements contained in the Wyoming Hazardous Waste Rules and Regulations.
(E)Facilities storing waste, other than construction/demolition waste, for transfer to a recycling facility: Facilities occupying no more than ten acres and used only for the transfer, treatment, and storage of less than 500 short tons received per day of paper, cardboard, plastic, aluminum cans, glass, metal, clean wood, and other nonputrescible municipal solid wastes which may be specifically authorized by the Administrator, for the primary purposes of transfer to a recycling facility or beneficial reuse in a manner approved by the Administrator. This provision applies to the sorting, shredding, grinding, crushing, baling, and storage of these wastes prior to transfer to a recycling facility or approved beneficial reuse site. This provision does not apply to facilities that manage scrap tires or CRTs.
(F)Facilities storing construction/demolition waste for transfer to a recycling facility: Facilities occupying no more than ten acres and used only for the transfer, treatment, and storage of less than 500 short tons received per day of construction/demolition waste authorized by the Administrator, for the primary purposes of transfer to a recycling facility or beneficial reuse in a manner approved by the Administrator. This provision applies to the sorting, shredding, grinding, crushing, baling, and storage of these wastes prior to transfer to a recycling facility or approved beneficial reuse site. This provision applies only if all waste management activities occur either indoors or outdoors in containers. This provision does not apply to scrap tire or electronic waste management facilities.
(G)Facilities not considered low hazard or low volume:Transfer, treatment, storage, and processing facilities managing wastes or materials having or exhibiting one or more of the following criteria or characteristics are not low hazard and low volume waste management facilities. Exceptions may be granted by the Administrator based on consideration of concentration and volumes of wastes to be managed:
(I)Toxicity, Carcinogenicity, Ignitability, Flammability, Explosivity, Instability, Corrosivity, Incompatibility;
(II)Special wastes as defined in this subsection;
(III)Medical/infectious wastes, PCB-containing wastes;
(IV)Excluded hazardous wastes as defined in 40 CFR part 261, or the Department's Hazardous Waste Rules;
(V)Wastes that have the potential to create odor, vector, dust, or other nuisances;or
(VI)Wastes that in the evaluation of the Administrator have a significant potential to impact public health or the environment, unless the operator of a proposed facility can demonstrate by submittal of a waste analysis and characterization plan that the waste treatment, processing, storage, or transfer activity can be considered a low hazard and low volume waste management activity consistent with the Act.
(xlvi)"Major Change" means a change to any solid waste management facility location, design or construction, or to any operating, monitoring, closure or post-closure activities, involving one or more of the following items:
(A)The total permitted volumetric capacity of the facility is to be increased by more than five percent;
(B)The effectiveness of any liner, leachate collection or detection system, gas detection or migration system, or pollution control or treatment system may be reduced; or
(C)The facility modification will, in the judgment of the Administrator, be likely to alter the fundamental nature of the facility's activities.
(xlvii)"Mixed household and industrial refuse" means any mixture of municipal solid wastes, industrial solid wastes, or sludge.
(xlviii)"Mixed solid waste" means municipal solid waste and industrial solid waste.
(xlix)"Mobile transfer, treatment and storage facility" means a facility which is mobilized to conduct transfer, treatment or storage of a solid waste at or near the point of generation.
(l)"Monitoring" means all procedures and techniques used to systematically collect, analyze and inspect data on operational parameters of the facility or on the quality of the air, groundwater, surface water and soil.
(li)"Municipal solid waste" means solid waste resulting from or incidental to residential, community, trade or business activities, including garbage, rubbish, dead animals, abandoned automobiles and all other solid waste other than construction and demolition, industrial or hazardous waste.
(lii)"Municipal solid waste landfill" (MSWLF) means a solid waste management facility for the land burial of municipal solid waste that utilizes an engineered method of controls to avoid creating a hazard to the public health, the environment, plants, or animals.
(liii)"Municipal solid waste landfill unit" means a discrete area of land or an excavation that receives municipal solid waste and that is not a land application unit, surface impoundment, injection well, or waste pile. A MSWLF unit may also receive other types of Resource Conservation and Recovery Act Subtitle D waste such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Such a landfill unit may be publicly or privately owned. A MSWLF unit may be a new MSWLF unit, an existing MSWLF unit, or a lateral expansion of an existing MSWLF unit. A construction and demolition landfill that receives residential lead-based paint waste and does not receive any other household waste is not a MSWLF unit.
(liv)"Net worth" means total assets minus total liabilities including on and off-balance sheet liabilities.
(lv)"New facility" means:
(A)Any facility that did not receive solid waste on or before September 13, 1989; or
(B)Any modification or lateral expansion of an original permit boundary for the purpose of increasing capacity or site life by more than five percent. An incidental facility boundary enlargement for the development of, but not limited to fire lanes, buffer zones, surface water diversion systems, and monitoring systems which are not in conflict with local zoning, land use, or land ownership is not considered to be a new facility.
(lvi)"New municipal solid waste landfill unit" means any municipal solid waste landfill unit that did not receive waste prior to October 9, 1993.
(lvii)"Occupied dwelling house" means a permanent building or fixed mobile home that is currently being used on a permanent or temporary basis for human habitation.
(lviii)"100-year floodplain" means an area where a flood has a one-percent or greater chance of recurring in any given year or a flood of a magnitude equaled or exceeded once in 100 years on the average over a significantly long period.
(lix)"On-site decommissioning" means decommissioning performed within a facility's property boundary.
(lx)"Open burning" means uncontrolled burning of solid waste in the open.
(lxi)"Open dump" means an uncontrolled solid waste management facility at which solid wastes are placed on the land in such a manner that they present a real or potential hazard to public health and the environment. Open dump includes any solid waste management facility subject to the permitting requirements of these rules which does not have a current, valid permit.
(lxii)"Operator" means the applicant who has been granted a permit, who may manage and operate the solid waste management facility or who may hire another person, who shall be known as the solid waste manager, for these responsibilities.
(lxiii)"Petroleum-contaminated soils" means solid waste consisting of any natural or manmade soil or rock material into which petroleum product has been added, excluding hardened asphalt rubble.
(lxiv)"Petroleum product" means any crude oil or any liquid petroleum fraction including but not limited to gasoline, diesel fuels, and used and unused motor oils.
(lxv)"Pile" means any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage.
(lxvi)"Plans" means maps, specifications, drawings and narrative description, prepared to describe the solid waste management facility and its operation.
(lxvii)"Population" when used in the context of statistical evaluations of groundwater data, means the total set of all possible concentration measurements for any given constituent.
(lxviii)"Post-closure period" means the period of time during which a closed facility is maintained and monitored. The post-closure period begins when the Administrator approves certification from a registered professional engineer confirming that the provisions of the closure plan have been carried out and that the facility has been closed in compliance with the closure standards specified in these rules
(lxix)"Principal officer" means an officer described in the bylaws of a corporation or appointed by the board of directors in accordance with the bylaws who serves at least at the level of vice president.
(lxx)"Private industrial solid waste disposal facility" means any industrial solid waste disposal facility used solely for the disposal of solid waste generated by the owner of the facility where wastes are not transported over public roadways for delivery to the facility and access by persons other than employees of the facility owner is restricted.
(lxxi)"Processing plant" means a solid waste management facility used or designed to transfer, shred, grind, bale, compost, salvage, separate, reclaim or provide other treatment of solid wastes.
(lxxii)"Recycling facility" means a facility where used or waste materials are processed or broken down into raw materials which are then used to make or produce new items or products.
(lxxiii)"Release" includes, but is not limited to, any spilling, leaking, pumping, pouring, emptying, emitting, discharging, dumping, addition, escaping, leaching, or unauthorized disposal of any oil or hazardous substance which enters, or threatens to enter, waters of the state.
(lxxiv)"Routine cover" means cover material that is applied to the top and side slopes of compacted solid wastes at the end of each operating day.
(lxxv)"Salvaging" means the controlled removal by the operator or his or her agent of solid waste from a solid waste management facility for the purpose of reuse.
(lxxvi)"Sanitary landfill" means a municipal solid waste landfill.
(lxxvii)"Scavenging" means the removal by persons other than the operator or his agent of solid wastes from any solid waste management facility.
(lxxviii)"Scrap tire" means a tire that is no longer used for its original purpose.
(lxxix)"Seismic impact zone" means an area with a ten percent or greater probability that the maximum horizontal acceleration in hard rock, expressed as a percentage of the earth's gravitational pull (g), will exceed 0.10g in 250 years.
(lxxx)"Self-bond" means an indemnity agreement in a sum certain made payable to the State, with or without separate surety. The indemnity agreement is signed by the operator and, if applicable, the operator's ultimate parent guarantor.
(lxxxi)"Silviculture waste" means any wood wastes generated during the management and development of forests. This includes but is not limited to all wood wastes that are generated during the operation of a sawmill.
(lxxxii)"Sludge" means the accumulated semisolid mixture of solid wastes and water, oils, or other liquids.
(lxxxiii)"Solid waste manager" means any person designated by the applicant who has primary responsibility for the daily management and operation of the solid waste management facility.
(lxxxiv)"Solid waste management unit" means a contiguous area of land on or in which solid waste is placed, or the largest area in which there is significant likelihood of mixing solid waste constituents in the same area of a solid waste management facility. Examples of solid waste management units include a surface impoundment at a solid waste management facility, a waste pile, a land treatment area, a municipal, construction/demolition, or industrial landfill unit, an incinerator, a tank and its associated piping and underlying containment systems at a solid waste management facility and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.
(lxxxv)"Solid waste petroleum storage tank" means any underground or aboveground storage tank that has been taken out of service and which contained any petroleum substance, including but not limited to motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.
(lxxxvi)"Special wastes" are those wastes which require special handling as described in Chapter 8 of these rules.
(lxxxvii)"Storage" means the holding of solid waste for a temporary period, at the end of which time the solid waste is treated, disposed of, or stored elsewhere.
(lxxxviii)"Storage facility" means any facility that stores solid waste for a temporary period, at the end of which time the solid waste is treated, disposed, or stored elsewhere.
(lxxxix)"Surface impoundment" means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments include, but are not limited to holding, storage, settling, and aeration pits, ponds and lagoons.
(xc)"Tangible net worth" means net worth minus intangibles such as goodwill, patents or royalties.
(xci)"Tank" means a stationary device designed to contain an accumulation of waste that is constructed primarily of nonearthen materials (e.g., wood, concrete, steel, plastic) that provide structural support and integrity.
(xcii)"Topsoil" means all surface soil usually including the organic layer in which plants have most of their roots, or in the case where no topsoil is present, the top six inches of in-place native material.
(xciii)"Transfer of waste" means the temporary holding of solid waste pending transportation of the solid waste for treatment, storage, or disposal.
(xciv)"Transfer facility" means any solid waste transportation related facility including loading docks, parking areas, storage areas and ancillary features.
(xcv)"Treatment" means any method, technique, or process designed to change the physical, chemical, or biological character or composition of any solid waste so as to recover energy or material resources from the waste or so as to render it safer to transport, store, or dispose of, or to make it amenable for recovery, use, or storage, or for reduction in volume. Treatment includes but is not limited to baling, chipping, composting, distilling, incinerating, processing, reconditioning, recovering, recycling, re-refining, reclaiming, and shredding.
(xcvi)"Treatment facility" means any facility that treats solid waste. Types of treatment facilities include but are not limited to solid waste incinerators, tire shredding/chipping facilities, tire pyrolysis plants, solid waste shredding or baling facilities, drum and barrel reconditioning/recycling facilities, composting facilities, and facilities used to distill, re-refine, recover, recycle, or incinerate used antifreeze, oils or solvents.
(xcvii)"Ultimate parent guarantor" means an entity not controlled by any other entity and is the topmost responsible entity which owns or controls the operator and is the guarantor for a self-bond.
(xcviii)"Unprocessed household refuse" means municipal solid wastes which have not been treated, processed, or recycled at a facility subject to the requirements of these rules.
(xcix)"Unstable area" means a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas can include poor foundation conditions, areas susceptible to mass movements, and karst terrains.
(c)"Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically connected with this aquifer within the facility's property boundary.
(ci)"Used antifreeze" means any antifreeze that has been used and new antifreeze which has not been used for its intended purpose but is being discarded.
(cii)"Used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and new oil which has not been used for its intended purpose but is being discarded. Used oil does not include animal or vegetable oil.
(ciii)"Used tire" means a tire that cannot be described as new, but which is structurally intact and, for passenger tires, has a tread depth greater than two thirty-seconds (2/32) of an inch. A used tire can be mounted on a vehicle's rim without repair.
(civ)"Vadose zone" means the unsaturated zone between the land surface and the water table.
(cv)"Vector" means a carrier capable of transmitting a pathogen from one organism to another, including flies, mosquitoes, skunks, or rodents.
(cvi)"Waste management unit boundary" for the purpose of establishing a relevant point of compliance for municipal solid waste landfills, "waste management unit boundary" means a vertical surface located at the hydraulically downgradient limit of the municipal solid waste landfill unit. This vertical surface extends down to the uppermost aquifer.
(cvii)"Waste pile" means any noncontainerized accumulation of solid waste used for treatment or storage of solid waste.
(cviii)"Water table" means the seasonally high surface of groundwater which is subject to atmospheric pressure in an unconfined aquifer. Water table does not mean the piezometric surface of a confined aquifer.
(cix)"Wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include, but are not limited to, swamps, marshes, bogs and similar areas.
(cx)"Working face" means that portion of the land disposal site where solid wastes are being deposited and are being spread and compacted prior to the placement of cover materials.
(c)Permit required for new and existing facilities:
(i)A permit or a one-time or emergency disposal authorization is required for the location, construction, operation or closure of any new or existing solid waste management facility. All facilities shall be located, designed, constructed, operated and closed in accordance with the permit or disposal authorization issued by the Director or Administrator.
(ii)A permit or disposal authorization may not be required for the facilities or activities specified in subsection (f) of this section.
(iii)Any facility that is regulated under more than one Chapter of these rules can apply for and receive a single solid waste management permit if the operator demonstrates compliance with each applicable Chapter.
(d)Recordkeeping, monitoring and reporting requirements:
(i)Operators of any solid waste management facility will be required to establish and maintain monitoring equipment or methods, sample effluent discharges or emissions, or provide such other information as may be reasonably required and specified by the Administrator.
(ii)All records required by these rules shall be maintained by the operator of the facility for a minimum of three years from the date of recording, except for those records required to be kept through the life and post-closure period of the facility as specified in these rules. All records shall be available for inspection and copying by Department personnel during reasonable business hours. Copies of these records shall be submitted to the Administrator when requested.
(e)The following acts are prohibited:
(i)Open dumping;
(ii)Scavenging and animal feeding at active solid waste management facilities;
(iii)Dumping bulk liquid wastes at solid waste management facilities unless specifically authorized by the Administrator;
(iv)Dumping hazardous wastes (other than hazardous wastes generated by residential households and conditionally exempt small quantity waste generators) in any facility other than a facility authorized as a hazardous waste disposal facility by these rules unless specifically authorized by the Administrator;
(v)Open burning of any wastes not exempted in subsection (f) of this section; and
(vi)Speculative accumulation of solid wastes at a facility intended for use as a solid waste management facility without a permit.
(f)Exemptions: The Administrator may exempt the following from a permit or any requirement to obtain a waste management authorization under these rules, provided that persons engaged in such activities may be required to supply information to the Administrator which demonstrates that the act, practice, or facility is exempt, and shall allow entry of Department inspectors for purposes of verification of such information:
(i)Auto salvage yards and scrap metal dealers:Baling of used motor vehicles or scrap metals, and operation of metal smelters regulated by the Air Quality Division and storage for sale or reuse of used motor vehicles, motor vehicle parts, or scrap metals at auto salvage yards or scrap metal dealers as authorized under W.S. § 31-13-114, provided that for used oil, used antifreeze, tires, and lead acid batteries the following storage accumulation limits are not exceeded:
(A)1,000 scrap tires, excluding any scrap tires remaining on wheels attached to vehicles;
(B)1,000 gallons of used motor oil;
(C)1,200 used lead acid batteries, excluding any used lead acid batteries remaining in vehicles, if the batteries are being stored in an upright position and are not leaking, for the purpose of being transferred to a recycling facility; and
(D)500 gallons of used antifreeze, if the antifreeze is being stored to be recycled, and the owner or operator only stores used antifreeze they generate or receive from do-it-yourself antifreeze changers or other similar sources.
(ii)Single family units or households: The collection, storage and disposal of household wastes generated by a single family unit or household on their own property in such a manner that does not create a health hazard, public or private nuisance, or detriment to the environment.
(iii)Clean fill: The disposal or beneficial use of clean fill in such a manner that does not create a health hazard, public or private nuisance or detriment to the environment.
(iv)Clean wood waste storage facilities:Facilities storing clean wood waste in storage piles with a base surface area no larger than 10,000 square feet containing no greater than 100,000 cubic feet of clean wood waste. Clean wood waste at such facilities shall be stored no less than 100 feet from off-site structures, and the pile shall not create a public or private nuisance.
(v)De minimis waste management activities: The management of solid wastes, which in the judgement of the Administrator, constitute de minimis quantities which are managed in a manner that does not create a health hazard, public or private nuisance, or detriment to the environment.
(vi)Retail business facilities: Retail business facilities which have fewer than 1,000 scrap tires on the premises at any one time.
(vii)Facilities that store lead acid batteries: A retail business facility or a solid waste storage or transfer facility used only for the storage or transfer of no more than 1,200 used lead acid batteries for the purpose of transfer to a recycling facility, if the batteries are stored in an upright position and are not leaking.
(viii)Commercially operated used oil management facilities: Used oil collection centers, aggregation points, transfer facilities, processors, re- refiners, burners, and used oil fuel marketers that store no more than 10,000 gallons of used oil to be recycled or burned for energy recovery, provided the storage tanks are properly labeled, and subject to the used oil management requirements contained in the Wyoming Hazardous Waste Rules.
(ix)Used oil generators: Used oil generators subject to the used oil management requirements contained in the Wyoming Hazardous Waste Rules.
(x)Facilities storing waste, other than construction/demolition waste, for transfer to a recycling facility: A solid waste storage, treatment, or transfer facility occupying no more than five acres and used only for the storage, treatment, or transfer of paper, cardboard, plastic, aluminum cans, glass, metal, clean wood, construction/demolition waste, and other nonputrescible municipal solid wastes, for the primary purposes of transfer to a recycling facility or beneficial reuse in a manner approved by the Administrator. Unless all waste management occurs indoors, the facility shall maintain a twenty-foot buffer zone/fire lane separating waste from a fenced facility boundary. This exemption applies to the sorting, shredding, grinding, crushing, baling and storage of these wastes prior to transfer to a recycling facility or approved beneficial reuse site. This exemption does not apply to facilities that manage scrap tires, CRTs, or that decommission petroleum storage tanks.
(xi)Facilities storing construction/demolition waste for transfer to a recycling facility: A solid waste storage, treatment, or transfer facility occupying no more than one acre and used only for the storage, treatment, or transfer of construction/demolition waste for the primary purposes of transfer to a recycling facility or beneficial reuse in a manner approved by the Administrator. Unless all waste management occurs indoors, the facility shall maintain a twenty-foot buffer zone/fire lane separating waste from a fenced facility boundary. This exemption applies to the sorting, shredding, grinding, crushing, baling, and storage of these wastes prior to transfer to a recycling facility or approved beneficial reuse site. This exemption does not apply to facilities that manage scrap tires, electronic waste, or that decommission petroleum storage tanks.
(xii)Solid waste transfer, treatment, storage, and processing facilities: Solid waste transfer, treatment, storage, and processing facilities receiving twenty cubic yards or less of solid waste per day and occupying no more than five acres, including a twenty-foot buffer zone within a fenced facility boundary, which individually or in combination manage no more than the quantities of wastes specified in this subsection. This exemption does not apply to facilities whose owner or operator simultaneously owns or operates more than one transfer facility within one mile of each other.
(A)50 cubic yards of mixed solid wastes stored in containers;
(B)50 cubic yards of construction and demolition waste stored in containers;
(C)Green waste and clean wood waste storage or compost piles;
(D)Compost piles for green waste and manure operated in a manner that does not create odors, constitute a nuisance, or attract vectors;
(E)500 scrap tires stored in a manner that prevents fires and vector habitat;
(F)20 cubic yards of electronic waste, except CRTs, stored in containers for shipment to a recycling facility;
(G)20 cubic yards of CRTs stored intact in containers and kept whole without any shredding, grinding, crushing, or baling. Devices containing CRTs, such as televisions and computer monitors, may be disassembled, but the CRTs shall remain intact. If inadvertently broken, CRTs must be promptly containerized for proper management;
(H)1,000 gallons of used oil;
(I)1,000 gallons of used antifreeze, if the used antifreeze is stored to be recycled, reclaimed, or reused;
(J)250 used lead acid batteries, if the batteries are stored in an upright position and are not leaking, for the purpose of transfer to a recycling facility;
(K)150 cubic yards of paper, cardboard, plastic, aluminum cans, glass, and metal, or other nonputrescible municipal solid wastes which may be specifically authorized by the Administrator, for the primary purposes of transfer to a recycling facility or beneficial reuse in a manner approved by the Administrator. This provision applies to the sorting, shredding, grinding, crushing, baling, and storage of these wastes prior to transfer to a recycling facility or approved beneficial reuse site; and
(L)Household hazardous waste collected no more frequently than semiannual collection days, provided that the household hazardous waste collected is removed from the site and transported to a permitted facility within thirty days.
(xiii)Vehicle service and maintenance facilities:In addition to used oil stored pursuant to this subsection, used antifreeze storage tanks located at vehicle service facilities, provided the storage tanks are properly labeled, have a used antifreeze storage capacity of no more than 500 gallons, and are used only to contain used antifreeze that the owner or operator generates or receives from do-it-yourself antifreeze changes.
(xiv)Medical waste management facilities: Medical waste storage units, incinerators, autoclaves, or other treatment devices, used to store or treat only medical wastes which are generated by the owner or operator of the medical facility or by doctor's offices, medical clinics, dental offices and other medical waste generators within the county or local area where the medical waste storage units, incinerators, autoclaves, or other treatment devices are located.
(xv)Beneficial use: The reuse of wastes in a manner which is both beneficial and protective of human health and the environment, and conducted in a manner approved by the Administrator.
(xvi)Household hazardous waste collection events: The collection of household hazardous waste on no more than a quarterly basis by the operator of a permitted solid waste facility or by a person at a site where landowner consent has been obtained. Collected household hazardous waste must be removed from the collection site within thirty days and transported to a permitted facility for proper management.
(xvii)An exemption or solid waste management permit are not required for facilities which are not solid waste facilities as defined by W.S. § 35-11-103(d)(ii).
(g)Inspections:
(i)No permit, authorization or exemption shall be issued unless the owner of the facility provides written authorization for the Department's authorized representative, upon the presentation of credentials and other documents as may be required by law, to access and enter upon the operator's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of a permit, authorization or exemption; have access to and copy, at reasonable times, any records that must be kept under the conditions of any permit, authorization or exemption; inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the Act; and collect resource data, sample or monitor at reasonable times, for the purposes of ensuring compliance or as otherwise authorized by the appropriate rules of the Department, any substances or parameters at any location.
(ii)Inspections shall be conducted at the discretion of the Administrator and may consist of:
(A)Pre-application inspections;
(B)Preconstruction inspections;
(C)Construction inspections;
(D)Closure, post-closure, and annual operational compliance inspections; and
(E)Routine or complaint-related inspections.
(iii) The operator shall allow Department personnel entry to the facility for the purpose of inspection. Department personnel shall not be required to provide advance notice or a waiver of liability as a condition of entry to any facility for the purpose of conducting any solid waste management facility compliance inspection.
(iv)The Administrator shall provide copies of all inspection reports to the operator following completion of the inspection.
(v)The inspection requirements for municipal solid waste landfills with lifetime permits are in Chapter 2 of these rules.
(vi)Following any inspection by Department personnel, the operator will be notified in writing of any deficiencies within forty-five days from the date of the inspection unless the Department is waiting to receive additional information from the operator.
(h)Financial assurance: No permit or permit amendment shall be issued for any regulated facility unless the operator provides financial assurance, in accordance with Chapter 7 of these rules, that ensures there are adequate sources of funds to provide for closure, post-closure, and corrective action.
Section 2.Permit Application Procedure.
(a)Application requirements: Each application for a solid waste management facility permit shall contain information adequate to demonstrate compliance with the minimum standards for location, design and construction, operating, monitoring, closure and post-closure as specified in the applicable chapter of these rules. Permit application procedures are set out in W.S. § 35-11-502, except general permit procedures for closure of municipal solid waste landfills with less than thirty acres of municipal solid waste disposal area, which are set forth in Section 2(h) of this Chapter.
(b)Permit application format: For all permit applications, amendments, transfers, and one-time or emergency waste management authorizations, shall be submitted in a format approved by the Administrator. The information in the application shall be presented in an order that conforms to the order set forth in the applicable sections of these rules, unless the Administrator approves an alternate format for the organization of the application.
(i)For permit amendments, the application shall include a description of the amendment sought, including additional plates or drawings as necessary to completely describe the proposed amendment.
(ii)For resubmittal of permit applications or submittal of supplemental information, the applicant shall have the option to submit copies of only the updated and revised portion of the application, if the revised and updated pages and drawings are appropriately numbered and dated to facilitate incorporation into the previous permit document and the revisions are clearly identified using strikethrough and underline presentation of words unless the Administrator approves an alternate format.
(c)Public notice and comment:Each application for a new, renewal, or closure permit shall be submitted for public notice and comment as follows:
(i)Upon receipt of notification that the application has been determined to be complete, the applicant shall comply with the following requirements:
(A)Within fifteen days of being notified that the application is complete:
(I)Provide written notice to landowners with property located within a half mile of the site, using certified, return receipt requested mail for disposal facilities and first-class mail for other solid waste management facilities;
(II)Provide written notice to each member of the interested parties mailing list maintained by the Administrator, the mayor of each city or town within fifty miles of the proposed facility and to the county commission and any solid waste district for the county in which the potential facility is located, using first-class mail;
(III)Cause a written notice to be published once a week for two consecutive weeks in a newspaper of general circulation within the county where the applicant plans to locate the facility; and
(IV)Specific text for the written notice shall be provided to the applicant by the Administrator. The notice shall contain information about the permit application including the identity of the applicant, the proposed facility location and size, the wastes types intended for management, the method of waste management, and the operating life. The notice shall identify the last date for filing comments on the application;
(B)Provide the Administrator with documentation that the notice requirements of subsection (c)(i)(A) of this section have been followed. Documentation shall consist of copies of return receipt cards, publisher's affidavits and other documentation, as appropriate; and
(C)The public comment period shall begin on the first date of publication and shall end at 5:00 pm on the thirtieth day following the last date of publication.
(D)The Administrator may, at his or her discretion, conduct a public hearing on the application submission.
(ii)For each new, renewal, or closure permit application or any application for a major change, the Administrator shall issue a proposed permit following completion of the Administrator's permit analysis, unless the permit is denied pursuant to Section 4 of this Chapter. Upon receipt of a proposed permit, the applicant shall comply with the following requirements:
(A)Within fifteen days of receiving a proposed permit:
(I)Provide written notice to landowners with property located within a half mile of the site, the mayor of each city or town within fifty miles of the proposed facility, the local county commission and any solid waste district for the county in which the potential facility is located, using certified, return receipt requested mail for disposal facilities and first-class mail for other solid waste management facilities;
(II)Provide written notice to each member of the interested parties mailing list maintained by the Administrator using first-class mail;
(III)Cause a written notice to be published once a week for two consecutive weeks in a newspaper of general circulation within the county where the applicant plans to locate the facility; and
(IV)Specific text for the written notice shall be provided to the applicant by the Administrator. The notice shall contain information about the permit application including the identity of the applicant, the proposed facility location and size, the wastes types intended for management, the method of waste management, the operating life, and the Administrator's findings. The notice shall identify the period for filing objections to the application;
(B)Provide the Administrator with documentation that the notice and filing requirements of subsection (c)(ii)(A) of this section have been followed. Documentation shall consist of copies of return receipt cards, and publisher's affidavits or affidavits of personal delivery as appropriate.
(d)Permit renewal applications:
(i)In addition to the following requirements, permit renewal applications are subject to the application procedures set forth in W.S. § 35-11-502 and subsections (a), (b), and (c) of this section.
(ii)The operator subject to solid waste management facility permit requirements shall provide the Administrator with a renewal application. The permit renewal application shall contain the information specified in the relevant chapter(s) of these rules and be submitted in accordance with the time frames specified.
(iii)Except for municipal solid waste landfills with lifetime permits, issued under Chapter 2 of these rules shall submit a permit renewal application no less than twelve months prior to the expiration of said permit unless a closure permit application has been submitted. Municipal solid waste landfills with lifetime permits shall submit a renewal application no later than three years prior to the expiration of the lifetime municipal solid waste landfill permit. The renewal application shall contain the information specified in the applicable chapter of these rules.
(e)Closure permit applications:
(i)In addition to the following requirements, closure permit applications are subject to the application procedures set forth in W.S. § 35-11-502 and subsections (a), (b), and (c) of this section.
(ii)The operator shall provide the Administrator with a closure permit application if required by the applicable chapter of these rules in accordance with the time frames specified therein.
(iii)Anticipated closure: The operator of a facility with a valid permit shall submit a closure permit application to the Administrator no less than twelve months prior to the anticipated facility closure.
(iv)Unanticipated closure: In the event any solid waste management facility ceases operation, as determined by nonreceipt of solid wastes for any continuous nine month period or any continuous one year period for landfarm facilities or petroleum- contaminated soils land treatment facilities, the facility operator shall provide written notification to the Administrator no later than thirty days after the end of such nine month (or one year) period. This notification shall be accompanied by a closure permit application unless the Administrator approves interim measures with delayed final closure for good cause upon application by the operator.
(f)Variance application procedure for location standards specified in W.S. § 35-11-502(c):
(i)For solid waste disposal facilities which do not meet the location standards specified in paragraphs (i) through (iv) of W.S. § 35-11-502(c), the applicant may apply to the Director for a variance from the standards by submitting a written variance application. The variance application shall contain the following information:
(A)For proposed facilities which do not meet the location standards for proximity to towns, schools or any occupied dwelling house in W.S. § 35-11-502(c)(i) or (ii), the applicant shall:
(I)Present an analysis of additional traffic which would result from the proposed facility, and demonstrate that additional traffic caused by operation of a disposal facility will not pose a safety threat to the public;
(II)Demonstrate that the operation of the proposed facility will not present odor, dust, litter, insect, noise, health (human and animal) or aesthetic problems, and will not present a public nuisance by its proximity to the town, schools or dwellings. This demonstration may be made through analysis of the facility design and operation practices; and
(III)Provide design features and monitoring specifications used to preclude methane migration from affecting any buildings within one mile of the proposed facility, if the facility is used for the disposal of wastes which may form methane as a decomposition product.
(B)For proposed facilities which do not meet the location standard for proximity to, and visual screening from, state or federal highways in W.S. § 35-11-
502(c) (iii), the applicant shall provide information describing how the design and operation of the facility will minimize visual impacts to the highway(s).
(C)For proposed facilities, excluding incinerators, which do not meet the location standard for proximity to water wells in W.S. § 35-11-502(c)(iv), the applicant shall provide:
(I)A detailed description of the site's geologic and hydrologic characteristics, supported by data from on-site soil borings and groundwater monitoring wells;
(II)A detailed description of the proposed facility's containment system (cap and liner systems) and surface water diversion structures;
(III)A detailed description of the groundwater monitoring program (including location of wells, sampling frequency and sampling parameters) which would be instituted when the facility begins operations; and
(IV)An analysis of the potential for contaminants which may leak from the disposal facility to adversely affect the nearby water well(s). This analysis may be in the form of contaminant transport modeling results, an evaluation of hydrologic conditions or aquifer properties, or other applicable information.
(D)In addition to the other information requested in this subsection, all variance applications made under this subsection shall be accompanied by the following information:
(I)The proposed size of the facility;
(II)The name, address and telephone number of the applicant;
(III)The legal description of the property;
(IV)A detailed description of the facility which includes information on the amount, rate (tons per day), type (including chemical analyses if other than household refuse) and source of incoming wastes, a narrative describing the facility operating procedures, and the estimated site capacity and site life;
(V)The names and addresses of the property owners of all lands within one mile of the proposed facility boundary;
(VI)A USGS topographic map (scale of
1:24,000 or 1: 62,500) which shows the boundaries of the proposed landfill site or other suitable topographic map may be submitted if a 1:24,000 map is unavailable; and
(VII)Information sufficient to evaluate the conditions specified in paragraph (i)(ii) of this section.
(ii)In granting any variance as provided by this paragraph, the Director shall issue written findings that the variance will not injure or threaten to injure the public health, safety, or welfare. The Director shall only make such a finding if the evidence presented in the application and obtained at a public hearing demonstrates that:
(A)There are no available alternative locations which meet the location standards to meet the disposal needs of the applicant, within a reasonable distance of the boundary of the service area of the facility;
(B)It is not possible to use existing facilities owned by another person within a reasonable distance of the boundary of the service area of the facility; and
(C)Special or unique conditions or circumstances apply to the applicant and justify granting the variance.
(iii)In granting any variance the Director shall condition the variance such that it applies only to the facility described in the application. Changes to the facility size, type or source of waste, rate at which waste is received, or any other aspect of the facility may render the variance invalid as determined by the Director.
(iv)The Administrator shall review the variance application within ninety days of the receipt of the application. If the application is incomplete or technically inadequate, the Administrator shall so advise and state in writing to the applicant the information required. Additional information submitted in response to any deficiency notification shall be reviewed by the Administrator within ninety days.
(v)If the application is complete and technically adequate the Administrator shall provide draft findings and recommendations to the Director and the applicant. The draft findings shall state whether or not the Administrator has found that the variance will not injure or threaten to injure the public health, safety or welfare and the basis for the draft findings.
(vi)Unless a delay is requested by the applicant, the Director shall schedule a public hearing on the draft findings within forty-five days. Notice of the hearing shall be published at least thirty days prior to the date of the hearing. Notice shall be published once a week for two consecutive weeks in a paper of general circulation within the county where the facility is located. The notice shall contain the identity of the applicant, summary information on the variance application, the location where the public can view copies of the application and the Administrator's review, the Administrator's draft decision regarding granting or denying the variance application, and the date, time and location of the hearing.
(i)The Administrator shall conduct a completeness and technical review of each application submittal within thirty days of receipt of the application. If the Administrator deems the application incomplete or technically inadequate, the Administrator shall so advise and state in writing to the applicant the information required.
(ii)Public notice for low hazard or low volume facilities: For each new low hazard or low volume treatment, processing, storage, and transfer facility permit application or application for a major amendment to an existing facility permit, the Administrator shall issue a proposed permit following completion of the Administrator's permit analysis, unless the permit is denied pursuant to Section 4 of this Chapter. Upon receipt of a proposed permit the applicant shall within fifteen days:
(A)Cause a written notice to be published once a week for two consecutive weeks. If the facility is mobile, notice shall be published in a newspaper of general circulation within the state. If the facility is not mobile, notice shall be published in a newspaper of general circulation within the county where the applicant plans to locate the facility. Specific text of the notice shall be provided to the applicant by the Administrator. The notice shall contain information about the permit application including the identity of the applicant, the proposed facility service area, location, if not mobile, size, the waste types intended for management, the method of waste management, the operating life, and the Administrator's findings. The notice shall identify the period for filing objections to the application;
(B)If a fixed facility, notify adjacent landowners by first-class mail; and
(C)Provide the Administrator documentation that the notice requirements of this subsection have been followed, including copies of the publisher's affidavits and sworn statement.
(iii)The public comment period shall begin on the first date of publication and shall end at 5:00 pm on the thirtieth day following the last day of publication of the notice.
(iv)Any interested person may submit written objections no later than 5:00 pm on the last day of the public comment period. If substantial written objections are received by the Director within the public comment period a public hearing will be held in accordance with W.S. § 35-11-502(k).
(v)Low hazard or low volume permit issuance: If documentation has been received that the public notice requirements of this section have been met and no substantial objections are received, the Director shall issue an operating permit or within thirty days.
(vi)The operator of a facility with a valid operating permit issued under this subsection, shall submit a permit renewal application no later than 180 days prior to the expiration of said permit unless a closure permit application has been submitted. The renewal application shall contain the information specified in the applicable chapter of these rules.
(h)General Closure Permit for Municipal Solid Waste Landfills:
(i)A general closure permit shall apply to the closure and post-closure activities for municipal solid waste landfills with less than thirty acres of municipal solid waste disposal area.
(ii)Notice of intent for coverage under a general permit shall be made on forms provided by the Department which require a signature of agreement by the applicant to abide by all conditions of the permit.
(iii)All activities shall meet the standards of Chapter 2 of these rules.
(iv)All notice of intent for coverage forms shall be prepared under the supervision of a professional engineer licensed in the State of Wyoming. All notice of intent for coverage forms shall be stamped, signed and dated by a professional engineer. In addition, all portions of the notice of intent for coverage which require geological services or work shall be stamped, signed and dated by a professional geologist licensed in the State of Wyoming.
(v)All notices of intent for coverage under a general permit shall be processed as follows:
(A)The Administrator shall review each notice of intent or resubmittal within sixty days from the date the notice of intent or resubmittal is received.
(B)The Administrator may request additional information if it is determined that the information is inadequate to satisfy the requirements of these rules.
(C)The Department shall issue an Authorization of Coverage within thirty days of finding that the notice of intent or resubmittal is complete.
(D)No closure or post-closure activities shall commence until a written Authorization of Coverage under the general closure permit has been received from the Department.
(vi)Authorizations of Coverage for municipal solid waste landfills shall be issued through the end of the post-closure period specified in Chapter 2 of these rules and shall be extended until the Administrator determines, upon petition by the operator accompanied by submission of relevant information, that the facility has been adequately stabilized in a manner protective of human health and the environment. Petitions to terminate the post-closure period shall include certification from a Wyoming licensed professional engineer that post-closure care has been completed in compliance with the approved post-closure plan and in a manner protective of human health and the environment. No renewals of Authorizations of Coverage shall be required.
(vii)The general permit shall be developed pursuant to the permit issuance procedures of W.S. § 35-11-502(j), (k), and (m).
Section 3.Permit Amendments and Transfers.
(a)Permit amendments constituting a major change for municipal solid waste landfills shall comply with the requirements of Chapter 2 of these rules.
(b)Permit amendments constituting a major change for all non-municipal solid waste facilities and minor changes at all solid waste facilities shall comply with the following:
(i)Within sixty days of receipt of any application for a permit amendment, the Administrator shall conduct a review of the application and provide a written response to the operator.
(A)If the amendment is deemed complete and demonstrates compliance with applicable standards and constitutes a major change, the public notice and comment period in Section 2(c)(ii) of this Chapter shall commence.
(B)If the amendment is deemed complete and demonstrates compliance with applicable standards and constitutes a minor change, the Administrator shall render a decision.
(ii)If the proposed amendment is determined to be inadequate, the operator shall be required to submit any additional information required by the Administrator, unless there is a basis for denial.
(c)All amendments shall comply with the location, design and construction, operating, monitoring, financial assurance, and closure standards of the applicable chapter of these rules.
(d)Permit transfers:
(i)An operator shall receive written approval from the Director prior to transfer of any permit authorized by these rules.
(ii)Permit transfer applications shall be in writing by the operator. The application shall contain:
(A)The name, address and telephone number of the legal operator of the facility to whom the permit will be transferred, and, at a minimum, a summary, listing of any administrative order, civil or administrative penalty assessment, bond forfeiture, civil, misdemeanor, or felony conviction, or court proceeding for any violations of any local, state or federal law occurring within a minimum of five years of application submittal relating to environmental quality or criminal racketeering, of the solid waste manager, the applicant, or if the applicant is a partnership or corporation, any partners in the partnership or executive officers or corporate directors in the corporation;
(B)The name, address and telephone number of the solid waste manager;
(C)Proposed date of the transfer of the permit; and
(D)Signed and notarized documentation from the new operator indicating that the new operator has agreed to accept and be bound by the provisions of the permit and any amendments, agreed to construct and operate the facility in accordance with the approved plan, and agreed to accept responsibility for the facility's compliance with the standards specified in the applicable chapter of these rules, including the responsibility to perform corrective actions.
(iii)The original operator shall retain responsibility for the facility according to the terms of the original permit until the application for permit transfer has been approved by the Director. The new operator may not operate the facility until the permit transfer has been approved.
(iv)No permit may be transferred from one operator to another unless the new operator demonstrates compliance with the financial assurance requirements of Chapter 7 of these rules.
Section 4.Permit Denial, Revocation, Modification, or Termination.
(a)The Director may deny a permit if:
(i)Permit issuance would conflict with any provision of the Act or these rules;
(ii)The applicant fails to submit the required information;
(iii)The facility history indicates continual noncompliance with these rules;
(iv)The application indicates that the facility would not comply with the location, design and construction, operating, monitoring, closure or post- closure standards as specified in the applicable sections of these rules;
(v)The application misrepresents actual site conditions;
(vi)The applicant fails to employ a solid waste manager who meets the qualifications of the applicable chapter of these rules; or
(vii)The applicant, or any partners, executive officers, or corporate directors, has been found civilly or criminally liable for violations of environmental quality or criminal racketeering laws or regulations which in the judgment of the Director constitutes evidence that the applicant cannot be relied upon to conduct the operations described in the application in compliance with the Act and these rules.
(b)Permit revocation:
(i)The Director may revoke a permit in instances of continual noncompliance, or if it is determined that the permit application misrepresented actual site conditions, or if the continued operation is inconsistent with any provision of the Act or these rules.
(ii)The Director shall notify the operator of his or her intent to revoke the permit. The written notification shall contain the basis for revoking the permit. All permit revocation procedures shall be accomplished in accordance with the requirements of the Wyoming Administrative Procedures Act.
(iii)The Director may order facility closure following permit revocation. Closure and post-closure activities shall be accomplished in accordance with a plan approved by the Administrator. If a closure/post-closure plan has not been approved, closure and post-closure activities shall be accomplished in accordance with the standards specified in the applicable chapter of these rules.
(c)Permit modification: The Director may modify an existing permit by notifying the facility operator in writing. The written notification shall contain the basis for modifying the permit.
(d)Permit termination:
(i)Operating permit termination:
(A)Upon completion of closure activities, the operator shall provide a certification, with supporting documentation, from a Wyoming registered professional engineer confirming that the provisions of the closure plan have been carried out and that the facility has been closed in compliance with the closure standards specified in these rules. The operator shall be notified in writing whether the closure certification is deficient or a written termination of the operating permit shall be issued. Operating permits shall not terminate until written authorization has been provided by the Administrator.
(ii)Closure permit termination:
(A)Following the initial minimum post-closure period specified in the applicable chapter of these rules, the owner or operator may submit a petition to the Administrator requesting termination of the facility's closure permit and post-closure period. Petitions shall include supporting documentation and certification from a Wyoming registered engineer that post-closure care has been completed in compliance with the post-closure plan and in a manner protective of human health and the environment. The operator shall be notified in writing whether the post-closure certification is deficient or a written termination of the closure permit shall be issued. Closure permits shall not terminate until written authorization has been provided by the Administrator.
(iii)Release of financial assurance: Following permit termination, financial assurance shall be released as prescribed in Chapter 7 of these rules.
Section 5.One-Time or Emergency Waste Management Authorizations.
(a)Authorization application procedure:
(i)This section applies to emergency situations, spilled solid wastes and residues from uncontrolled releases. This section does not apply to the land disposal of municipal solid wastes, mixed wastes, hazardous wastes or actions completed under either a hazardous waste permit or a hazardous waste corrective action order.
(ii)The Administrator may choose to issue a one-time or emergency waste management authorization in lieu of the permits specified in Section 2 of this Chapter. This type of waste management authorization shall only be considered under the following conditions:
(A)The proposed waste management activity shall be a single occurrence of limited duration;
(B)The applicant documents that other waste management and reuse options were thoroughly investigated and that no other reasonable alternatives had been identified;
(C)The proposed waste disposal site would meet the applicable location standards specified in Chapter 3, or 4 of these rules or the proposed waste management site would meet the applicable location standards specified in Chapter 8 of these rules;
(D)The proposed waste management activity would not present a significant threat to public health or the environment;
(E)The waste management activity would result in de minimis impacts which would not warrant the initiation of public participation procedures;
(F)The total waste disposal area would be no more than one acre;
(G)The applicant can document that permission has been obtained from the landowner to manage the materials at the proposed waste management location, if that location is not owned by the applicant; and
(H)The applicant commits to promptly record a notarized notice with the county clerk, in the county where the facility is located, which adequately describes the location, nature and extent of any waste disposal activity.
(iv)The waste management authorization request shall document compliance with the conditions specified in subsection (a)(ii) of this section allowing for the Administrator's consideration of a one-time or emergency waste management authorization. The request shall contain information adequate to demonstrate compliance with the standards specified in the applicable chapter of these rules.
(v)The waste management authorization request shall be reviewed by the Administrator within forty-five days after submission.
(b)Authorization issuance:
(i)The Administrator may deny a one-time or emergency waste management authorization for any of the reasons specified in Section 4(a) of this Chapter. The Administrator may also deny a one-time or emergency waste management authorization if it is determined that the proposed waste management activity would not be subject to the provisions described in subsections (a)(i) and (a)(ii) of this section.
(ii)If the waste management authorization request is determined to be complete and the request demonstrates compliance with the standards in the relevant application requirements section, a waste management authorization will be granted by the Administrator.
(iii)The operator shall notify the Administrator following completion of authorized waste management activities. This notification shall be accompanied by site photographs adequate to demonstrate the site conditions following closure.
(iv)The term of the waste management authorization shall be no longer than one year unless, for good cause, the Administrator approves additional time.