Wyo. Code R. 020-0009-1
Solid Waste Management
Effective Date: 05/25/1995 to 10/15/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 020.0009.1.05251995
Section 1. In General.
(a) Authority: The authority for the rules and regulations promulgated in this chapter is the Wyoming Environmental Quality Act, W.S. 35-11-101 et seq. Specific sections of the act that provide authority for this regulation include W.S. 35-11-102, 35-11-109 and Article 5, Solid Waste Management, 35-11-501 et seq.
(b) Applicability: The rules and regulations contained herein shall apply to any person, government or governmental subdivision, corporation, organization, partnership, business trust, association, district or other entity involved in any aspect of the management of solid waste. These regulations are effective immediately upon filing with the Secretary of State.
(c) Objective: The objective of these rules and regulations is to provide minimum standards for the management of solid waste in order to carry out the policy and purpose of the Wyoming Environmental Quality Act, W.S. 35-11-102.
(d) Severability: If any section or provision of these regulations, or the application of that section or provision to any person, situation, or circumstance is adjudged invalid for any reason, the adjudication does not affect any other section or provision of these regulations or the application of the adjudicated section or provision to any other person, situation, or circumstance. The Environmental Quality Council declares that it would have adopted the valid portions and applications of these regulations without the invalid part, and to this end the provisions of these regulations are declared to be severable.
(e) Definitions:
(i) For the purpose of these rules and regulations, unless the context otherwise requires:
(A) "Act" means the Wyoming Environmental Quality Act, W.S. 35-11-101 et seq.
(B) "Applicant" means that person, as defined in the act, submitting an application to the department for a permit for a solid waste management facility, who shall be:
(I) For a city owned facility, the city,
(II) For a county owned facility, the county,
(III) For a facility owned by any other public entity, that public entity,
(IV) For an individual, the individual,
(V) For a corporation, the corporation, and
(VI) For a sole proprietorship or partnership, the partnership or proprietorship.
(C) "Aquifer" means a geologic formation, group of formations, or portion of a formation capable of yielding significant quantities of groundwater to wells or springs.
(D) "Asbestos-containing solid wastes" or "asbestos" means solid wastes containing greater than one percent (1%) 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;
(E) "Buffer zone" means that portion of the solid waste management facility which is reserved for monitoring equipment or for preventing public access during specific waste disposal events, such as the disposal of friable asbestos.
(F) "Cell" means compacted solid wastes that are enclosed by natural soil or cover material in a land disposal facility.
(G) "Classification" means the specific type of solid waste management facility, as determined by the department, based upon waste type and volume of waste received.
(H) "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 nonwood materials.
(I) "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 regulations and requirements concerning its stabilization;
(J) "Closure" means the act of securing and stabilizing a regulated facility pursuant to the requirements of these regulations;
(K) "Collateral" means as related to self bonding the actual or constructive deposit, as appropriate, with the department of one or more of the following kinds of property to support a self bond:
(I) A perfected, first-lien security interest in real property located within the State of Wyoming, in favor of the Wyoming Department of Environmental Quality which meets the requirements of Chapter 7,
(II) Securities backed by the full faith and credit of the United States government or state government securities acceptable to the department. These securities must be endorsed to the order of, and placed in the possession of the department, or
(III) Personal property located within the state, owned by the operator, which in market value exceeds $1 million per property unit;
(L) "Commercial solid waste management facility" means any facility receiving a monthly average greater than five hundred (500) short tons per day of unprocessed household refuse or mixed household and industrial refuse for management or disposal;
(M) "Comparative balance sheet" means item amounts from a number of the operator's successive yearly balance sheets arranged side by side in a single statement;
(N) "Comparative income statement" means an operator's income statement amounts for a number of successive yearly periods arranged side by side in a single statement.
(O) "Complete application" means a permit application that the department has determined to contain all the information required to be submitted by the regulations, in sufficient detail to allow a technical review of the information to commence.
(P) "Construction/demolition landfill" means a solid waste management facility that accepts only inert construction waste, demolition waste, street sweepings and/or brush. This does not include garbage, liquids, sludges, paints, solvents, putrescibles, dead animals, friable asbestos, and hazardous or toxic wastes.
(Q) 'Construction/demolition waste' includes but is not limited to stone, wood, concrete, asphaltic concrete, cinder blocks, brick, plaster and metal.
(R) '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;
(S) 'Cost-effective' means the selection of alternative responses taking into account total short-term and long-term costs of those responses including the costs of operation and maintenance for the entire activity, the presence of naturally occurring hazardous or toxic substances and current or potential uses of the natural resources impacted, as determined by the department;
(T) 'Cover material' means soil or other suitable material that is used to cover compacted solid wastes in a land disposal facility.
(U) 'Current assets' means cash and assets that are reasonably expected to be realized in cash or sold or consumed within one (1) year or within the normal identified operating cycle of the business;
(V) 'Current liabilities' means debts or other obligations that must be paid or liquidated within one (1) year or within the normal identified operating cycle of the business. This shall also include dividends payable on preferred stock within one (1) quarter if declared, or one (1) year if a pattern of declaring dividends each quarter is apparent from the business' past practices;
(W) 'Daily cover' means cover material that is applied to the top and side slopes of compacted solid wastes at the end of each operating day.
(X) 'Decommissioning' means removing all liquids and accumulated sludges, and cleaning a storage tank for its intended reuse or disposal;
(Y) '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.
(Z) 'Existing facility' means any facility that was receiving solid wastes on or before September 13, 1989.
(AA) "Facility" means the total contiguous area described in the permit application and which is occupied by any solid waste management area, 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, site, process or system.
(BB) "Final cover" means cover material that is used to completely cover the top of a land disposal facility and includes compacted soils, drainage layers, synthetic membranes, soil-cement admixtures, and topsoils.
(CC) "Fixed assets" means plants and equipment.
(DD) "Floodplain" means lowland and relatively flat areas adjoining inland and coastal waters, including flood-prone areas of offshore islands, that are inundated by the 100-year flood.
(EE) "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.
(FF) "Garbage" means any putrescible solid or semi-solid animal and/or vegetable waste material resulting from the handling, preparation, cooking, serving and consumption of food.
(GG) "Groundwater" means water below the land surface in a saturated zone of soil or rock.
(HH) "Hazardous wastes" means those wastes that are defined as hazardous wastes in Wyoming Department of Environmental Quality Hazardous Waste Rules and Regulations, Chapter 2, Identification and Listing of Hazardous Waste.
(II) "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.
(JJ) 'Incorporated city or town' shall mean a 'first class city' or a 'town' as defined in W.S. 15-1-101(a).
(KK) 'Industrial landfill' means a solid waste management facility utilizing an engineered method of land disposal primarily for industrial solid waste.
(LL) '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.
(MM) 'Irrevocable letter of credit' means an engagement, however named or described, by a bank made at the request of a customer (the operator and/or financially responsible parties for a permit or site), that the issuer will honor drafts or other demands for payment from the beneficiary (the State of Wyoming) upon compliance with the conditions specified in the letter of credit. The issuing party (a bank) guarantees that it will not withdraw the credit or cancel the letter before the expiration date. The customer cannot modify, revoke or repeal this letter of credit unless specified by the beneficiary.
(NN) 'Land treatment facility' means a treatment facility or part of a solid waste management facility at which solid waste is applied onto the soil surface;
(OO) 'Landfarm facility' means a facility or part of a facility at which solid wastes are treated and disposed by incorporation into existing soils, and which is subject to a post-closure period;
(PP) '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.
(QQ) 'Lateral expansion' means a major change involving the horizontal enlargement of the boundaries of a solid waste management facility.
(RR) 'Leachate' means liquid that is the result of the percolation of fluids through solid waste and which consists of chemicals and microbial waste products from the decomposition of solid waste, in a dissolved or suspended/colloidal state.
(SS) 'Liabilities' means obligations to transfer assets or provide services to other entities in the future as a result of past transactions;
(TT) 'Lower explosive limit (LEL)' 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.
(UU) 'Low hazard and low volume treatment, processing, storage, and transfer facility' means a solid waste management facility which accepts only solid wastes as described in this subsection, and which are:
(I) Reserved.
(II) Treatment and processing facilities managing the specified quantities of the following wastes:
(1.) A solid waste treatment or processing facility occupying less than 30,000 square feet and used only for the treatment and/or processing of less than 500 tons per day of source-separated or presorted paper, cardboard, plastic, aluminum cans, glass, and metal, or other nonputrescible household wastes which may be specifically authorized by the department, for the purposes of being transferred to a recycling facility;
(2.) Less than 5000 gallons of waste oil, if the waste oil is being recycled, reclaimed, or reused on-site;
(3.) Less than 5000 gallons of used antifreeze, if the waste antifreeze is being recycled, reclaimed, or reused on-site; or
(4.) Less than 5000 waste tires, if the waste tires are being recycled, reclaimed, or reused on-site;
(III) Storage and transfer facilities managing the specified quantities of the following wastes:
(1.) A solid waste storage or transfer facility occupying less than 30,000 square feet and used only for the storage and/or transfer of less than 500 tons per day of source-separated or presorted paper, cardboard, plastic, aluminum cans, glass, and metal, or other nonputrescible household wastes which may be specifically authorized by the department, for the purposes of being transferred to a recycling facility;
(2.) Less than 5000 gallons of waste oil, if the waste oil is being stored to be recycled, reclaimed, or reused on-site;
(3.) Less than 5000 gallons of used antifreeze, if the waste antifreeze is being stored to be recycled, reclaimed, or reused on-site;
(4.) Less than 5000 waste tires, if the waste tires are being stored to be recycled, reclaimed, or reused on-site;
(5.) Wood waste storage piles; or
(6.) Storage of less than 15,000 used drums;
(IV) Treatment, processing, storage and transfer facilities which manage only low hazard and low volume solid wastes not including wastes or materials having or exhibiting one or more of the following criteria or characteristics. Exceptions may be granted by the department based on consideration of concentration and volumes of wastes to be disposed:
(1.) Toxicity,
(2.) Carcinogenicity,
(3.) Ignitability,
(4.) Flammability,
(5.) Explosivity,
(6.) Instability,
(7.) Corrosivity,
(8.) Incompatibility,
(9.) Special wastes as defined in this subsection,
(10.) Medical/infectious wastes,
(11.) PCB-containing wastes,
(12.) Excluded hazardous wastes as defined at 40 CFR part 261, or Chapter 2 of the Department’s Hazardous Waste rules and regulations, (13.) Wastes that have the potential to create odor, vector, dust, or other nuisances, or
(14.) Wastes that in the evaluation of the department have a significant potential to impact public health and/or the environment, unless the operator of a proposed facility can demonstrate by submittal of a waste analysis and/or 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.
(VV) '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:
(I) The facility boundary is to be enlarged to provide for additional capacity and/or site life. Incidental facility boundary enlargements 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, and/or land ownership are not considered major changes;
(II) The total permitted volumetric capacity of the facility is to be increased by more than five percent (5%);
(III) The facility classification will change or the facility's service area or source of incoming wastes will change;
(IV) The facility may begin to accept for treatment, storage, or disposal one or more of the special wastes regulated under Chapter 8 of these rules and regulations;
(V) The effectiveness of any liner, leachate collection or detection system, gas detection or migration system, or pollution control or treatment system may be changed; or
(VI) The facility modification will, in the judgement of the department, be likely to alter the fundamental nature of the facility's activities or cause noncompliance with any applicable facility standard.
(WW) 'Mixed household and industrial refuse' means any mixture of municipal solid wastes, industrial solid wastes, or sludge.
(XX) 'Mixed solid waste' means municipal solid waste and industrial solid waste.
(YY) '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.
(ZZ) 'Municipal solid waste' means solid waste resulting from or incidental to residential, community, trade or business activities, including garbage, rubbish, ashes, street sweepings, dead animals, tires, abandoned automobiles and all other solid waste other than industrial or hazardous waste.
(AAA) 'Municipality' means a city, town, county, district, association, or other public body.
(BBB) 'Net worth' means total assets minus total liabilities and is equivalent to owner's equity.
(CCC) 'New facility' means any facility that did not receive solid wastes on or before September 13, 1989.
(DDD) '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.
(EEE) '100-year floodplain' means a flood that has a 1-percent (1%) or greater chance of recurring in any given year or a flood of a magnitude equalled or exceeded once in 100 years on the average over a significantly long period.
(FFF) 'On-site decommissioning' means decommissioning performed within a facility's property boundary on petroleum storage tank(s) which are being proposed to be removed from the ground or abandoned in-place within the facility's property boundary.
(GGG) 'Open burning' means uncontrolled burning of solid waste in the open.
(HHH) '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 and regulations which does not have a current, valid permit.
(III) '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.
(JJJ) 'Parent corporation' means a United States corporation which owns or controls the applicant.
(KKK) 'Person' means an individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality or any other political subdivision of the state, or any interstate body or any other legal entity.
(LLL) 'Petroleum-contaminated soils' means solid waste consisting of any natural or man made soil or rock material into which petroleum product has been added, excluding hardened asphalt rubble.
(MMM) '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.
(NNN) 'Pile' means any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage.
(OOO) 'Plans' means maps, specifications, drawings and narrative description, prepared to describe the solid waste management facility and its operation.
(PPP) '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.
(QQQ) '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; 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.
(RRR) '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.
(SSS) '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.
(TTT) '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.
(UUU) 'Sanitary landfill' means a solid waste management facility utilizing an engineered method of land disposal primarily for municipal solid wastes.
(VVV) 'Scavenging' means the removal by persons other than the operator or his agent of solid wastes from any solid waste management facility.
(WWW) 'Scrap tire' means a tire that is no longer used for its original purpose.
(XXX) 'Seismic impact zone' means an area with a 10 percent (10%) 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.
(YYY) 'Self bond' means an indemnity agreement in a sum certain executed by the permittee and/or the parent company or federal agency guarantor and made payable to the state, with or without separate surety.
(ZZZ) '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.
(AAAA) 'Sludge' means the accumulated semisolid mixture of solid wastes and water, oils, or other liquids.
(BBBB) 'Solid waste' means garbage, and other discarded solid materials, materials, including solid waste materials resulting from industrial, commercial, and agricultural operations, and from community activities, but, unless disposed of at a solid waste management facility, does not include:
(I) Solids or dissolved material in domestic sewerage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants;
(II) Liquids, solids, sludges or dissolved constituents which are collected or separated in process units for recycling, recovery or reuse including the recovery of energy, within a continuous or batch manufacturing or refining process; or
(III) Agricultural materials which are recycled in the production of agricultural commodities.
(CCCC) '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.
(DDDD) 'Solid waste management disposal facility' means any landfill or any incinerator used for the management of wastes generated by persons other than the owner of the incinerator.
(EEEE) 'Solid waste management facility' means any facility for the transfer, treatment, processing, storage or disposal of solid waste, but does not include:
(I) Lands or facilities subject to the permitting requirements of Article 3 of the act;
(II) Facilities which would have been subject to the permitting requirements of Article 3 of the act if constructed after July 1, 1973;
(III) Any facility described under W.S. 30-5-104(d)(vi)(A) or (B);
(IV) Lands and facilities subject to the permitting requirements of Articles 2, 3 or 4 of the act used solely for the management of wastes generated within the boundary of the permitted facility or mine operation by the facility or mine owner or operator or from a mine mouth electric power plant or coal drier;
(V) Lands and facilities owned by a person engaged in farming or ranching and used to dispose of solid waste generated incidental to his or her farming and ranching operations; or
(VI) Transport vehicles, storage containers and treatment of the waste containers.
(FFFF) 'Solid waste petroleum storage tank' means any underground or aboveground storage tank that has been taken out of service and which contained any substance regulated under Subtitle I of the Resource Conservation and Recovery Act, as amended as of September 23, 1988, including but not limited to storage tanks that have held gasoline, diesel fuels, and used and unused motor oils.
(GGGG) 'Special wastes' are those wastes which require special handling as described in Chapter 8 of these rules and regulations.
(HHHH) 'State or federal highway' shall mean any road or primary highway designated as a 'state highway' by the Wyoming State Highway Commission in accordance with W.S. 24-2-109(a).
(IIII) '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.
(JJJJ) '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.
(KKKK) 'Tangible net worth' means net worth minus intangibles such as goodwill, patents or royalties.
(LLLL) '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.
(MMMM) '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 (6) inches of in-place native material.
(NNNN) 'Transfer' means the temporary holding of solid waste pending transportation of the solid waste for treatment, storage, and/or disposal.
(OOOO) 'Transfer facility' means any solid waste transportation related facility including loading docks, parking areas, storage areas and ancillary features.
(PPPP) '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, rerefining, reclaiming, and shredding.
(QQQQ) "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, rerefine, recover recycle, or incinerate waste antifreeze, oils or solvents.
(RRRR) "Type I landfill" means a sanitary landfill which is not a Type II landfill.
(SSSS) "Type II landfill" means a sanitary landfill which:
(I) Accepts for disposal less than twenty (20) tons of municipal solid wastes daily, and has no evidence of existing groundwater contamination from the landfill, and
(II) Serves a community that has no practicable waste management alternatives and the landfill is located in an area that receives less than or equal to twenty-five (25) inches of precipitation annually, and
(III) For the purposes of determining whether a landfill is a Type I or a Type II landfill, operators shall assume that each person served by the solid waste disposal facility generates an average of six and three tenths (6.3) pounds of solid waste per person per calendar day. If local data are available and the department approves, the applicant may use an alternate waste generation rate to calculate annual average daily tonnage of municipal solid waste which is received.
(TTTT) "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 and regulations.
(UUUU) "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 terranes.
(VVVV) '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.
(WWWW) 'Vadose zone' means the unsaturated zone between the land surface and the water table.
(XXXX) 'Vector' means a carrier capable of transmitting a pathogen from one organism to another, including flies, mosquitoes, skunks, or rodents.
(YYYY) 'Waste pile' means any noncontainerized accumulation of solid waste used for treatment or storage of solid waste.
(ZZZZ) '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.
(AAAAA) '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.
(BBBBB) '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.
(ii) The singular includes the plural, the plural the singular, and the masculine the feminine or neuter, when consistent with the intent of the act and necessary to effect its purpose.
(f) 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 as specified by Chapter 1, Section 5, or by the applicable chapter(s) of these rules and regulations. All facilities shall be located, designed, constructed, operated and closed in accordance with the permit or disposal authorization issued by the department.
(ii) A permit or disposal authorization is not required for the facilities or activities specified in subsection (l) of this section.
(iii) Any facility that is regulated under more than one of the permitting chapters of these rules and regulations can apply for and receive a single solid waste management permit demonstrating compliance with each of the applicable chapters of these rules and regulations.
(g) Recordkeeping, monitoring and reporting requirements:
(i) Operators of any solid waste management facility, including those operators of open dumps, 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 department.
(ii) All records required by these rules and regulations shall be maintained by the operator of the facility for a minimum of three (3) 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 Chapter 2 of these rules and regulations. 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 department when requested.
(h) Prohibited acts: 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 department;
(iv) Dumping hazardous wastes (other than hazardous wastes generated by residential households) in any facility other than a facility authorized as a hazardous waste disposal facility by these rules and regulations unless specifically authorized by the department; and
(v) Open burning of any wastes not exempted in Chapter 1, Section 1(l).
(i) Inspections:
(i) Inspections will be made to insure compliance with the standards included in each of the chapters of these rules and regulations. These inspections will consist of:
(A) Preapplication inspections, to evaluate suitability of locations for development of solid waste management facilities;
(B) Preconstruction inspections, to allow the department to evaluate planned construction designs for solid waste management facilities;
(C) Construction inspections, to determine if construction of a solid waste management facility is in accordance with plans and specifications for the facility which are contained in the permit application;
(D) Closure, post-closure, and annual operational compliance inspections to evaluate compliance with applicable standards contained in these rules and regulations; and
(E) More frequent routine or complaint-related inspections, at the department's discretion.
(ii) Neither advance notice nor a waiver of liability shall be required to be provided by department personnel as a condition of entry to any facility for the purpose of conducting any solid waste management facility compliance inspection under subsection (i)(i) of this section. The operator shall allow department personnel entry to the disposal facility for the purpose of inspection. Department personnel shall be required to obey all safety and other operation requirements as may be required of its (the waste facility's) own employees.
(iii) The department shall provide copies of all inspection reports to the operator following completion of the inspection.
(i) Following any inspection by department personnel, the operator will be notified in writing of any deficiencies within thirty (30) days from the date of the inspection.
(ii) The department will use conference and conciliation procedures cited in W.S. 35-11-701(c) to establish a plan and schedule to correct the deficiencies. Failure of the operator to implement the plan shall be cause for the department to begin enforcement proceedings under Article 7 (Complaint) or Article 9 (Penalties) of the act.
(iii) Denial of permit renewal and/or revocation of the facility permit may result from failure to implement corrective actions.
(k) Noncompliance: In the event of noncompliance with the rules and regulations contained herein, the department may seek remedies as prescribed under Article 7 (Complaints) and Article 9 (Penalties) of the Environmental Quality Act.
(l) Exemptions: The department may exempt the following from a permit or any requirement to obtain a waste management authorization under these regulations, provided that persons engaged in activities which are otherwise exempted may be required to supply information to the department 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) Facilities regulated by the Wyoming Oil and Gas Commission under W.S. 30-5-104(d)(vi)(A) or (B);
(ii) 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. 31-13-112(a), provided that for waste oil, waste 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) 500 gallons of waste motor oil, if the oil is being stored to be recycled, or to be burned in a used oil-fired space heater which is exempt under this section, or in any device authorized by the Air Quality Division;
(C) 1200 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;
(D) 500 gallons of waste antifreeze, if the antifreeze is being stored to be recycled, and the owner or operator only stores waste antifreeze they generate or receive from do-it-yourself antifreeze changers or other similar sources.
(iii) The disposal of waste soil and rock directly connected with mining, subject to the Land Quality Division rules and regulations, and including overburden, reject mineral and mill tailings;
(iv) 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;
(v) The disposal of sewage waste, municipal wastewater treatment sludges, wastewaters, or bulk liquid waste at facilities, other than solid waste landfills, which are permitted in accord with the Water Quality Division rules and regulations;
(vi) Open burning of wood, brush, weeds and tree trimmings conducted in compliance with the Air Quality Division rules and regulations;
(vii) The disposal of clean fill consisting solely of uncontaminated natural soil and rock, hardened asphalt rubble, bricks, and concrete rubble in such a manner that does not create a health hazard, public or private nuisance or detriment to the environment;
(viii) The management of solid wastes, which in the judgement of the department, 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;
(ix) Facilities which would have been subject to the permitting requirements of Article 3 (Water Quality) of the act if constructed after July 1, 1973;
(x) Lands and facilities subject to the permitting requirements of Articles 2 (Air Quality), 3 (Water Quality), or 4 (Land Quality) of the act used solely for the management of wastes generated within the boundary of the permitted facility or mine operation by the facility or mine owner or operator or from a mine mouth electric power plant or coal drier;
(xi) Lands and facilities owned by a person engaged in farming or ranching and used to dispose of solid waste generated incidental to his or her farming and ranching operation;
(xii) Transport vehicles, storage containers and treatment of the waste in containers;
(xiii) Scrap tire storage units at permitted landfills which, in the ordinary course of operation, have fewer than 5,000 scrap tires in aboveground storage at any one time. Such landfills are subject to applicable landfill rules;
(xiv) Retail business facilities which have fewer than 1,000 scrap tires on the premises at any one time;
(xv) A solid waste storage or transfer facility used only for the storage or transfer of any of the following wastes:
(A) No more than 1200 used lead acid batteries, if the batteries are being stored in an upright position and are not leaking, for the purpose of being transferred to a recycling facility, or
(B) No more than 500 gallons of waste motor oil and 500 gallons of waste antifreeze, if the oil or waste antifreeze is being stored to be recycled or reused;
(xvi) A solid waste storage, treatment, or transfer facility occupying less than 10,000 square feet and used only for the storage, treatment, or transfer of source-separated or presorted paper, cardboard, plastic, aluminum cans, glass, and metal, or other nonputrescible household wastes which may be specifically authorized by the department, for the purposes of being transferred to a recycling facility. This exemption applies to the shredding, grinding, crushing, baling and storage of these wastes prior to being transferred to a recycling facility. This exemption does not apply to drum and barrel reconditioning or recycling facilities, or to underground storage tank storage or decommissioning facilities;
(xvii) Solid waste transfer facilities used for transferring 20 cubic yards or less of solid waste per day and having 40 cubic yards or less total container capacity for solid wastes. This exemption does not apply to facilities whose owner or operator simultaneously owns or operates more than one transfer facility within one (1) mile of each other;
(xviii) Used motor oil and waste antifreeze storage tanks located at vehicle service facilities, provided the storage tanks are properly labeled, have a combined capacity of no more than 2,000 gallons for each waste, and are used only to contain used motor oil or waste antifreeze that the owner or operator generates or receives from do-it-yourself oil changes;
(xix) Used oil-fired space heaters, provided that the heater is designed to have a maximum capacity of not more than 0.5 million btu per hour, combustion gases are vented to the outside air, and the heater burns only used oil that the owner or operator generates or receives from do-it-yourself oil changers, and
(xx) 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.
(m) Time:
(i) When time is prescribed by these rules and regulations in 'days', the time period shall be counted as calendar days.
(ii) When time prescribed by these rules and regulations for performing any act expires on a Saturday or legal holiday, such time shall extend to and include the next succeeding business day.
(a) General application requirements: Each application for a solid waste management facility permit described in this section 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 and regulations.
(b) Public notice and comment: Prior to the issuance of a permit by the department, each application for a new solid waste management facility permit and any application for a major amendment, shall be submitted for public notice and comment as follows:
(i) After the application for a new facility is determined complete, the applicant shall within fifteen (15) days:
(A) 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;
(B) Provide written notice to each member of the interested parties mailing list maintained by the department, 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;
(C) Cause a written notice to be published once a week for two (2) consecutive weeks in a newspaper of general circulation within the county where the applicant plans to locate the facility;
(D) Specific text for the written notice shall be provided to the applicant by the department. 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;
(E) Provide the department with documentation that the notice requirements of subsection (b)(i)(A), (B), and (C) of this section have been followed. Documentation shall consist of copies of return receipt cards, publisher's affidavits and other documentation, as appropriate; and
(F) The public comment period shall begin fifteen (15) days after the application is deemed complete, and shall end at 5:00 pm on the forty-fifth (45th) day after the application is deemed complete. The department may, at its discretion, conduct a public hearing on the application submission.
(ii) For each new solid waste management facility permit application or any application for a major amendment, the department shall issue a proposed permit following completion of the department'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 (15) days:
(A) Cause a written notice to be published once a week for two (2) consecutive weeks in a newspaper of general circulation within the county where the applicant plans to locate the facility;
(B) Provide written notice to landowners with property located within a half mile of the site, the mayor of each city or town within fifty (50) 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;
(C) Provide written notice to each member of the interested parties mailing list maintained by the department using first class mail;
(D) Specific text for the written notice shall be provided to the applicant by the department. 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 departments findings. The notice shall identify the period for filing objections to the application;
(E) Deliver, in person or via certified, return receipt requested mail, a copy of the permit application, the department's review and the department's proposed permit to a local public library and the county clerk of the county of the proposed facility. The permit application and proposed permit shall be maintained for public viewing at a local public library and at the county clerk's office for the duration of the public comment period specified in Section 2(b)(iii) of this chapter; and (F) Provide the department with documentation that the notice and filing requirements of subsection (b)(ii)(A), (B), (C), and (E) 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.
(iii) The public comment period shall begin on the first date of publication of the notice required in subsection (b)(ii)(A) of this section, and shall end at 5:00 pm on the thirtieth (30th) day following the last date of publication of the notice.
(iv) If substantial written objections are received by the department by 5:00 pm on the thirtieth (30th) day following the last date of publication of the notice, a public hearing will be held within twenty (20) days after the last day of the public comment period, unless a different schedule is deemed necessary by the council. The council or director shall publish notice of the time, date and location of the hearing in a newspaper of general circulation in the county where the applicant plans to locate the facility, once a week for two (2) consecutive weeks immediately prior to the hearing. The hearing shall be conducted as a contested case in accordance with the Wyoming Administrative Procedures Act, and right of judicial review shall be afforded as provided in that Act.
(iii) The public comment period shall begin on the first date of publication of the notice required in subsection (b)(ii)(A) of this section, and shall end at 5:00 pm on the thirtieth (30th) day following the last date of publication of the notice.
(iv) If substantial written objections are filed, a public hearing will be held within twenty (20) days after the last day of the public comment period, unless a different schedule is deemed necessary by the council. The council or director shall publish notice of the time, date and location of the hearing in a newspaper of general circulation in the county where the applicant plans to locate the facility, once a week for two (2) consecutive weeks immediately prior to the hearing. The hearing shall be conducted as a contested case in accordance with the Wyoming Administrative Procedures Act, and right of judicial review shall be afforded as provided in that Act.
(i) The applicant shall provide the department with three (3) complete copies of the permit application. The application shall be organized in three-ring binders, and the information presented in an order that conforms to the order set forth in the applicable sections of these rules and regulations.
(ii) The director shall conduct a completeness review of each application and notify the applicant of the results within sixty (60) days of receipt of the application. If the director deems the application incomplete, he or she shall so advise and state in writing to the applicant the information required. All items not specified as incomplete at the end of the first sixty (60) day period shall be deemed complete for the purposes of this subsection.
(iii) If the applicant resubmits an application or further information, the director shall review the application or additional information within sixty (60) days of each submission and advise the applicant in writing if the application or additional information is complete.
(iv) After the application is determined complete, the applicant shall give written notice of the application as required in Section 2(b)(i) of this chapter. A preconstruction inspection will be conducted within sixty (60) days of a determination that the application is complete.
(v) The director shall review the application and unless the applicant requests a delay, advise the applicant in writing within ninety (90) days from the date of determining that the application is complete, that a proposed permit is suitable for publication under Chapter 1, Section 2(b)(ii), or that the application is deficient, or that the application is denied. All reasons for deficiency or denial shall be stated in writing to the applicant. All items not specified as being deficient at the end of the first ninety (90) day period shall be deemed sufficient for the purposes of this subsection.
(vi) If the applicant submits additional information in response to any deficiency notice, the director shall review such additional information within thirty (30) days of submission and advise the applicant in writing if a proposed permit is suitable for publication under Chapter 1, Section 2(b)(ii), or that the application is still deficient, or that the application is denied.
(i) If the application is determined to be complete and demonstrates compliance with the applicable standards, the director shall prepare a proposed permit. Public notice as specified in Chapter 1, Section 2(b)(ii) and 2(b)(iii), will occur.
(ii) The director shall render a decision on the proposed permit within thirty (30) days after completion of the notice period if no hearing is requested. If a hearing is held, the council shall issue findings of fact and a decision on the proposed permit within thirty (30) days after the final hearing. The director shall issue or deny the permit no later than fifteen (15) days from receipt of any findings of fact and decision of the Environmental Quality Council. In granting permits, the director may impose such conditions as may be necessary to accomplish the purpose of the act and which are not inconsistent with the existing rules, regulations, and standards.
(iii) The operator shall notify the department as soon as construction has been completed.
A construction inspection shall be conducted within ninety (90) days of the notification.
(i) The operator subject to solid waste management facility permit requirements shall provide the department with a renewal application. The renewal permit application shall contain the information specified in the relevant chapter(s) of these rules and regulations and be submitted in accordance with the time frames specified.
(ii) The operator of a facility with a valid permit issued under Section 2(d) of this chapter or a valid renewal permit issued under Section 2(f) of this chapter, shall submit a permit renewal application between 270 and 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 and regulations.
(iii) Three (3) copies of the permit renewal application shall be submitted to the department. The application shall be organized in three ring binders, and the information presented in an order that conforms to the order set forth in the applicable application requirements sections of these rules and regulations.
(iv) The application shall be reviewed by the department within ninety (90) days after submission.
(v) A renewal inspection shall be conducted within sixty (60) days after the application is determined complete and technically adequate.
(i) If the renewal permit application is determined to be complete, and technically adequate, and the application and site inspection demonstrate compliance with the renewal requirements in the applicable chapter of these rules and regulations, a renewal permit will be issued.
(ii) The term of the renewal permit shall be as specified in the applicable chapter of these rules and regulations.
(i) The operator shall provide the department with a closure permit application if required by the applicable chapter of these rules and regulations in accordance with the time frames specified therein.
(ii) Anticipated closure: The operator of a facility with a valid permit on the effective date of these regulations, or a valid permit or renewal permit issued under Section 2(d) or Section 2(f) of this chapter, shall submit a closure permit application to the department between 270 and 180 days prior to the anticipated facility closure.
(iii) Unanticipated closure: In the event any solid waste management facility ceases operation, as determined by nonreceipt of solid wastes for any continuous nine (9) month period or any continuous one (1) year period for landfarm facilities or petroleum-contaminated soils land treatment facilities, the facility operator shall provide written notification to the department no later than thirty (30) days after the end of such nine (9) month (or one (1) year) period. This notification shall be accompanied by a closure permit application unless the department approves interim measures with delayed final closure for good cause upon application by the operator.
(iv) Three (3) copies of the closure permit application shall be submitted to the department. The application shall be organized in three ring binders, and the information presented in an order that conforms to the order set forth in the applicable application requirements sections of these rules and regulations.
(v) The application shall be reviewed by the department within ninety (90) days after submission.
(i) If the closure permit application is determined to be complete and the application demonstrates compliance with the closure/post-closure standards in the applicable chapter of these rules and regulations, a closure permit shall be issued.
(ii) Upon completion of closure activities, the operator shall provide a 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 and regulations.
(iii) The term of any closure permit shall be set to coincide with the duration of any closure/post-closure maintenance and monitoring period specified in the applicable chapter of these rules and regulations. No renewals of closure permits shall be required.
(i) 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 council 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 and/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 (1) 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 (1) 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; 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 council shall issue written findings that the variance will not injure or threaten to injure the public health, safety, or welfare. The council 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 for a solid waste management disposal facility 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 for the applicant to use existing, permitted solid waste management disposal 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 as provided by this paragraph, the council 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 as described in paragraph (i)(i)(D)(IV) of this section shall render the variance invalid.
(iv) The department shall review the variance application and provide its findings and recommendations to the council within ninety (90) days of the date when the variance application is received, unless a delay is requested by the applicant.
(j) Permit application procedures for low hazard and low volume treatment, processing, storage, and transfer facilities:
(i) The applicant shall provide the department with two (2) complete copies of the permit application. The application shall be organized in three-ring binders and the information presented in an order that conforms to the order set forth in the applicable sections of these rules and regulations;
(ii) The administrator shall conduct a completeness and technical review of each application submittal within thirty (30) days of receipt of the application. If the administrator deems the application incomplete and/or technically inadequate, the administrator shall so advise and state in writing to the applicant the information required;
(iii) For each new low hazard and low volume treatment, processing, storage, and transfer facility permit application or application for a major amendment to an existing facility, 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 (15) days:
(A) Cause a written notice to be published once a week for two (2) consecutive weeks 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 location and 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) Notify adjacent landowners by first class mail;
(C) Provide the administrator with documentation that the notice requirements of paragraphs (iii)(A) and (B) of this subsection have been followed. Documentation shall consist of the publisher's affidavits and sworn statement;
(iv) The public comment period shall begin on the first day of publication of the notice required in paragraphs (iii)(A) of this section and shall end at 5:00 pm on the thirtieth (30th) day following the last day of publication of the notice;
(v) If substantial written objections are received by the department by 5:00 pm on the thirtieth (30th) day following the last date of publication of the notice, a public hearing will be held within twenty (20) days after the last day of the public comment period, unless a different schedule is deemed necessary by the council. The council or director shall publish notice of the time, date, and location of the hearing in a newspaper of general circulation in the county where the applicant plans to locate the facility, once a week for two (2) consecutive weeks immediately prior to the hearing. The hearing shall be conducted as a contested case in accordance with the Wyoming Administrative Procedures Act, and right of judicial review shall be afforded as provided in that act.
(vi) The operator of a facility with a valid permit issued under Section 2(d) of this chapter or a valid renewal permit issued under Section 2(f) of this chapter, shall submit a permit renewal application between 270 and 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 and regulations.
(vii) Two (2) copies of the permit renewal application shall be submitted to the department. The application shall be organized in three ring binders, and the information presented in an order that conforms to the order set forth in the applicable application requirements sections of these rules and regulations.
Section 3. Permit Amendments and Transfers: This section applies to all permits, renewal permits and closure permits previously described in Chapter 1, Section 2, as follows:
(i) For amendments describing a major change, the operator shall submit a written application, describing the major amendments sought, including additional plates and/or drawings as necessary to completely describe the proposed amendment.
(ii) Within forty-five (45) days of receipt of any application for a proposed major amendment, the department shall conduct a review of the application and provide a written response to the operator of its findings. If the amendment is deemed to be complete and demonstrates compliance with applicable standards, the public notice and comment period in Chapter 1, Section 2(b)(ii) shall commence. If the proposed amendment is determined to be inadequate, the operator shall be required to submit any additional information required by the department, unless there is a basis for denial as specified in Chapter 1, Section 4(a).
(iii) The operator shall consult with the department prior to instituting a change in design or operation of a permitted facility, to get a determination as to whether the change is considered to be a major change.
(iv) Following receipt of the department's written determination that the proposed change is not major, the operator may make the change in design or operation without prior approval of the department. Amendments to the application reflecting any change in design or operation shall be included in the permit renewal application.
(v) All amendments shall comply with the location, design and construction, operating, monitoring, financial assurance and closure standards of the applicable chapter of these rules and regulations.
(i) An operator shall receive written approval from the department prior to transfer of any permit authorized by these regulations.
(ii) Applications for the approval of the transfer of any permit shall be made in writing by the operator and shall contain:
(A) Identification of the new operator, including names, addresses and telephone numbers of the official contacts representing the new operator;
(B) Proposed date of the transfer of the permit;
(C) 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 and regulations, 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 department. The new operator may not operate the facility until the permit transfer has been approved.
Section 4. Permit Denial, Revocation or Modification. This section applies to all permits, renewal permits and closure permits previously described in Chapter 1, Section 2, as follows:
(a) Permit denials: The department may deny a permit if:
(i) Permit issuance would conflict with the policy and purpose of the act; or
(ii) The applicant fails to submit the required information; or
(iii) The facility history indicates continual noncompliance with these rules and regulations; or
(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 regulations; or
(v) The application misrepresents actual site conditions; or
(vi) The applicant fails to employ a solid waste manager who meets the qualifications of the applicable chapter of these rules and regulations; 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 judgement 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 and regulations.
(i) The department 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 the policy and purpose of the act.
(ii) The department shall notify the operator of its 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 department may order facility closure following permit revocation. Closure and post-closure activities shall be accomplished in accordance with a plan approved by the department. 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 and regulations.
(c) Permit modification: The department may modify an existing permit by notifying the facility operator in writing. The written notification shall contain the basis for modifying the permit.
(i) This section applies to emergency situations, spilled solid wastes and residues from uncontrolled releases. This section does not apply to hazardous wastes.
(ii) The department may choose to issue a one-time or emergency waste management authorization in lieu of the permits specified in Chapter 1, Section 2. 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/or reuse options were thoroughly investigated and that no other reasonable alternatives had been identified.
(C) The proposed waste management site would meet the location standards specified in the applicable section of these rules and regulations.
(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 management area would be less than one (1) 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.
(iii) Three (3) copies of the waste management authorization request shall be submitted to the department. The request shall be organized in a three ring binder and the information presented in an order that conforms to the relevant application requirements section of these rules and regulations.
(iv) The waste management authorization request shall document compliance with the conditions specified in subsection (a)(ii) of this section allowing for department 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 and regulations.
(v) The waste management authorization request shall be reviewed by the department within twenty (20) days after submission.
(i) The department may deny waste management authorization for any of the reasons specified in Chapter 1, Section 4(a). The department may also deny 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 department.
(iii) The operator shall notify the department 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 (1) year.