Wyo. Code R. 020-0009-3
Solid Waste Management
Chapter 3: Industrial Landfill Regs.
Effective Date: 05/25/1995 to 10/15/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 020.0009.3.05251995
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.
(b) Applicability: This chapter governs industrial landfills.
(c) Objective: The objective of these rules and regulations is to set forth permit application requirements and to establish minimum standards for the location, design, construction, operation, monitoring, closure, and post-closure maintenance of industrial landfills.
(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) Reserved
Section 2. Industrial Landfill Application Requirements.
(a) Permit transition: The following rules concerning permit application submittals under Chapter 1, Section 2 will apply.
(i) For existing facilities:
(A) Existing facilities that have received wastes after the effective date of these regulations: The operator of any industrial facility shall be required to submit a renewal application, unless the operator elects to close the facility before July 1, 1992. The renewal application shall be submitted after July 1, 1990 as specified by the department, but no later than July 1, 1992.
(B) Existing facilities that have not received wastes after the effective date of these regulations: The operator shall be required to submit a closure permit application upon notification by the department. The department may request such an application whenever the department has reason to believe that health and safety hazards are present, there has been evidence of environmental contamination, or the facility does not comply with the location, monitoring, closure or post-closure standards of this chapter.
(ii) For new facilities:
(A) The operator of any new facility with a complete application or a valid permit on the effective date of these regulations, but which has not yet received wastes, shall be required to submit a renewal application, unless the operator elects to close the facility before July 1, 1992. The renewal application shall be submitted by July 1, 1992. For any new facility which has not received wastes, and which has a complete application as determined by the department by the effective date of this chapter, the director may issue initial letters of approval for construction and operation using the standards and procedures specified in the 1975 rules and regulations.
(B) The operator of any other new facility shall submit a permit application in accordance with the permit application procedures specified in Chapter 1, Section 2(b) and 2(c) or Chapter 1, Section 5.
(iii) For closing facilities:
(A) 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(b) or Section 2(c) of this chapter, shall submit a closure permit application to the department between 270 and 180 days prior to the anticipated facility closure.
(B) Unanticipated closure: In the event any solid waste disposal facility ceases operation, as determined by nonreceipt of solid wastes for any continuous nine month period, the facility operator shall provide written notification to the department no later than thirty (30) days after the end of such nine month 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) All existing industrial landfills shall be subject to the standards contained in the Solid Waste Management Rules and Regulations 1975 until such time as they are permitted under Chapter 1, Section 2.
(b) Permit application requirements for facilities greater than one (1) acre in size:
(i) All permit application forms shall be signed by the operator, the landowner, and any real property lien holder of public record. All applications shall be signed by the operator under oath subject to penalty of perjury. All persons signing the application shall be duly authorized agents. The following persons are considered duly authorized agents:
(A) For a municipality, state, federal or other public agency, by the head of the agency or ranking elected official;
(B) For corporations, at least two principal officers;
(C) For a sole proprietorship or partnership, a proprietor or general partner, respectively.
(ii) All permit applications shall be prepared under the supervision of a professional engineer registered in the State of Wyoming. All permit application forms shall be certified by the supervising engineer.
(iii) The permit application shall contain a completed application form, and the information required in this subsection.
(A) A written report shall be submitted containing the following information:
(I) The name, address and telephone number of the operator of the facility to whom the permit would be issued, and a listing of any administrative order, civil or administrative penalty assessment, bond forfeiture, misdemeanor or felony conviction, or court proceeding, for any violations of any local, state or federal law relating to environmental quality or criminal racketeering, in which the applicant (including any partners in a partnership or executive officers in any corporation, if the applicant is a partnership or corporation) has been or is currently involved;
(II) Name, address and telephone number of the solid waste manager. A description of the training and examination program, to be used by the operator to assure compliance with the requirements of Chapter 3, Section 5(c), shall be included. The description shall include a specific listing of the training courses, and the required frequency of attendance of each course by the solid waste manager.
(III) Legal description of the property to be used as a disposal site. The complete legal description shall consist of a plat and legal description, monumented and signed in accordance with Wyoming statutes by a Wyoming licensed land surveyor;
(IV) A brief summary narrative describing the disposal facility. The narrative should include the size of the facility, the type of waste disposal activities that are planned including area fill, trench fill, and special waste areas and the type, amount, and source of incoming waste. The narrative should also describe the service area of the disposal facility, facility access controls and restrictions and waste screening measures;
(V) A narrative confirming that the proposed facility complies with applicable local land use or zoning requirements, including a brief description of any such requirements;
(VI) Information describing mineral ownership of the site and surface ownership of the site and all lands within one mile of the facility boundary;
(VII) Demonstration that the facility meets the minimum location standards specified in Section 3 of this chapter.
(VIII) A summary description of any available regional geologic or hydrologic information, including copies of all available well logs for wells located within one mile of the proposed site. In addition to these well logs, all water wells permitted through the Wyoming State Engineer's office within one mile of the proposed site boundaries shall be identified on a map, with the location, permit number, name of well owner(s), designated water use, and depth to static water level; this information may be supplemented by a computer printout from the State Engineer's office.
(IX) Any information known to the applicant that would limit the site's suitability as an industrial landfill.
(X) Site specific data describing the underlying soils, geology and groundwater, including:
(1.) A description of the soil types according to the Unified Soil Classification System, and the estimated thickness of the unconsolidated soil materials;
(2.) Information on the geologic conditions, including structure, bedrock types, estimated thickness and attitude, and fracture patterns;
(3.) Identification of unstable areas caused by natural features or man-made features or events, and which may result in geologic hazards including but not limited to slope failures, landslides, rockfalls, differential and excessive settling or severe erosion;
(4.) Depth to the uppermost groundwater. Information on groundwater aquifer thickness and hydrologic properties such as the groundwater flow direction and rate, and the potentiometric surface;
(5.) Existing quality of groundwater beneath the facility; identification of background water quality data;
(6.) Supporting documentation such as well completion logs, geologic cross-sections, soil boring lithologic logs, potentiometric surface maps and soil or groundwater testing data should be supplied as an appendix.
(XI) A detailed description of the facility operating procedures, site design and construction methods. The description shall include the following information:
(1.) The source of wastes, and the type, trade and common names and quantity of waste received on a daily, weekly or monthly basis that will be disposed at the facility;
(2.) Calculations for site capacity and site life which are based upon detailed engineering designs and grading plans;
(3.) An evaluation of the facility's potential to impact surface and groundwater quality, based on the facility design and the hydrogeologic information required in subsection (b)(iii)(A)(X) of this section;
(4.) An evaluation of the availability of cover material sufficient to properly operate the facility through the closure period;
(5.) A detailed description of the facility liners, caps, berms, or other containment devices that will be used, along with the methods of construction and associated construction quality control program;
(6.) A description of the systems used for monitoring, collection, treatment and disposal of leachate, if required;
(7.) A description of the fire and other emergency protection measures;
(8.) A description of the topsoil handling procedures to be used, including measures to be used to protect the piles from erosion;
(9.) A description of the signs that will be posted to identify the landfill and listing the information required in Section 4(c) of this chapter;
(10.) A summary of wind speed and directional data available for the local area;
(11.) A description of the litter control program, if the department determines the waste streams are conducive to the production of litter. This description shall include the frequency for litter collection for internal fences, perimeter roads and off-site areas, and special operating procedures to be used during periods of high wind;
(12.) Type and amount of equipment to be provided at the site for excavating, earth moving, spreading, compaction and other needs, and the source and procedure used to obtain backup equipment;
(13.) A description of the special waste areas, as defined by Chapter 8, if any, and how they will be operated in accord with the standards of Chapter 8;
(14.) Any other information necessary to demonstrate compliance with the design, construction and operating standards specified in Section 4 and Section 5 of this chapter.
(XII) A detailed descriptive statement of the environmental monitoring program, including the following information:
(1.) A description of the groundwater monitoring well location, design, construction, and development;
(2.) A description of the groundwater sampling program including sampling frequency, test parameters, sampling procedures, test methods and quality control, if determined necessary by the department;
(3.) A description of the methane gas system for venting and/or monitoring, if determined necessary by the department, which includes system location, design and construction;
(4.) A description of the methane gas monitoring frequency, procedures and test parameters, if required;
(5.) Any other information necessary to demonstrate compliance with the monitoring standards specified in Section 6 of this chapter.
(XIII) Waste analyses as requested by the department, including
(1.) A description of the physical condition of the waste;
(2.) Chemical analyses of the total concentrations of waste constituents specified by the department;
(3.) Leachate analyses from the extraction procedure specified by the department;
(4.) Analysis of hazardous waste characteristics.
(XIV) A description of the sampling and testing protocols to be used in the collection and analysis of waste and environmental monitoring samples. Testing protocols shall be approved by the department, and sampling protocols shall allow collection of samples representative of the total waste stream, soil, gas or liquid.
(XV) A description of pretreatment procedures to be applied to the industrial solid waste prior to disposal, such as solidification and dewatering.
(XVI) A description of site access controls and restrictions, and waste screening measures used to prevent disposal of unauthorized wastes.
(XVII) A detailed descriptive statement of the closure/post-closure stage of landfill development, including the following information:
(1.) A description of the length of the post-closure period;
(2.) A description of the land use anticipated after closure;
(3.) The wording of the deed notice;
(4.) A copy of the notice of closure for the public, if the facility has been open for public use;
(5.) A description of the final cover, as well as methods used to revegetate the site, where revegetation is consistent with the post-closure land use;
(6.) The method used to divert surface water;
(7.) The methods by which surface erosion or water ponding problems will be corrected, including the frequency of planned inspections to discover such problems;
(8.) The method by which any environmental monitoring systems and corrective action systems will be maintained;
(9.) The method by which the operator will maintain access restrictions to any closed facility;
(10.) Any other information necessary to demonstrate compliance with the closure/post-closure standards specified in Section 7 of this chapter.
(B) An original USGS topographic map with a scale of 1:24,000 with the proposed facility location shown; an original USGS topographic map with a scale of 1:62,500 or other suitable topographic map may be submitted if a 1:24,000 map is unavailable;
(C) A map or aerial photograph of the area shall be submitted showing land ownership, land use and zoning within one mile of the disposal site. The map or photograph shall be of sufficient scale to show all city boundaries, each occupied dwelling house, schools, hospitals, industrial buildings, water wells, water courses, roads and other applicable details.
(D) A general facility plot plan at a scale not greater than 200 feet to the inch with five foot contour intervals shall be submitted. The general facility plot plan shall at a minimum illustrate the following features:
(I) Landfill facility boundaries;
(II) Points of access; (III) Location of soil borings, groundwater monitor wells, and methane monitor wells; (IV) Location of proposed trenches or area fill locations; (V) Working area/perimeter fire lane; (VI) Locations of any facility buildings to house equipment used at the landfill; (VII) Working area/perimeter fence location;
(E) Additional facility plot plans at the same scale as the general facility plot plan, shall be submitted as necessary to show orderly development and use of the facility through the life of the site. These plot plans shall at a minimum contain the following information:
(I) Excavation plans for development of trenches or preparation of area fill locations; (II) Development of temporary surface water diversion structures which may be necessary to adequately control surface water run-on and run-off; (III) Access to active waste disposal areas, including development of internal roads; (IV) Cover stockpile locations; (V) Topsoil storage pile locations; (VI) Litter screen placement information, if required; (VII) Location of special waste management or disposal areas, if applicable; (VIII) Other details pertinent to the development and use of the facility.
(F) As an alternative to subsection (b)(iii)(E) of this section, which requires site development plans to be supplied for the life of the site, the applicant may submit detailed site development plans containing information specified in subsection (b)(iii)(E) but covering only the first permit term.
(G) A map showing proposed final contours prepared at a scale no greater than 200 feet to the inch, with five foot contour intervals, shall be submitted.
(H) If the industrial solid waste facility is included in a larger industrial property, a map shall be included which shows the facility boundaries in relation to the overall boundaries of the industrial property. This location map may have a scale of greater than 200 feet to the inch.
(I) Cross sections and/or drawing details shall be submitted with sufficient specifications to describe:
(I) Internal litter catch screens or fences, if applicable;
(II) Working area/perimeter fencing;
(III) Trench or area fill method;
(IV) Special waste areas, where appropriate;
(V) Systems used for monitoring, collection, treatment and disposal of leachate, if required;
(VI) Groundwater monitoring well design;
(VII) Methane gas venting and monitoring system, if applicable;
(VIII) Surface and subsurface drain systems to control run-on and runoff and/or inflow;
(IX) All components of engineered containment systems, including, but not limited to, liners caps, berms, leachate collection systems and leak detection systems, if applicable;
(X) Any other design details requested by the department.
(J) A recordkeeping log shall be maintained during the operating life of the facility and closure/post-closure maintenance period.
(K) Facilities for which engineered containment systems are required shall submit construction quality assurance/quality control (QA/QC) plans describing the following construction and testing characteristics:
(I) For engineered clay barrier layers, the QA/QC plan shall describe how clay moisture content will be maintained or adjusted, the technique by which lift thickness will be maintained, the manner in which clay lifts will be compacted, the method used to measure clay moisture content and density in the field during construction, and the frequency of moisture content and density testing.
(II) For synthetic membranes, the QA/QC plan shall describe the method used to test 100% of all seams for leaks, the frequency of destructive testing for seam strength, the layout pattern for each roll of membrane material, the procedure to be followed for post-installation defect identification, repair and testing, the results of testing or literature review which demonstrates the compatibility of the membrane material with the waste and/or waste leachate, and the procedures used to assure each roll of membrane material meets the manufacturer's specifications for material properties.
(III) For lateral drainage layers, the QA/QC plan shall describe the method used to assure achievement of the approved grain size uniformity and layer thickness for granular layers, the method by which drainage layers shall be installed without damaging any imbedded leachate collection, leak detection systems, or synthetic membrane and the installation procedure for the filter fabric or granular filter layer overlying the drainage layer.
(IV) Any other information the department deems necessary to assure proper installation of engineered containment systems.
(iv) The permit application shall contain information demonstrating compliance with the standards in Chapters 6, 7, 8, and/or 10, if applicable.
(c) Permit application requirements for facilities equal to or less than one (1) acre in size:
(i) Submission of permit application form is required; this form shall be signed in the manner described in Section 2(b)(i) of this chapter.
(ii) A written report shall be submitted containing the following information:
(A) The name, address and telephone number of the operator of the facility to whom the permit would be issued, and a listing of any administrative order, civil or administrative penalty assessment, bond forfeiture, misdemeanor or felony conviction, or court proceeding, for any violations of any local, state or federal law relating to environmental quality or criminal racketeering, in which the applicant (including any partners in a partnership or executive officers in any corporation, if the applicant is a partnership or corporation) has been or is currently involved;
(B) The legal description of the property to be used as a disposal site;
(C) A brief narrative describing the disposal facility, including the method of operations used for disposal, the type, amount and source of wastes, and any special waste areas;
(D) A description of local land use and/or zoning requirements, with confirmation that the proposed facility meets these requirements;
(E) A demonstration that the facility meets the location standards specified in Section 3 of this chapter;
(F) A summary description of available regional or hydrologic information;
(G) Any information known to the applicant that would limit the site's suitability as an industrial waste disposal site;
(H) Site specific information on the soils, geology and depth to groundwater;
(I) A description of the facility operating procedures, site design, and construction methods, including the following information:
(I) The source of the wastes, and the type, trade and common names and quantity of waste received on a daily, weekly or monthly basis at the proposed facility, in addition to the waste analyses requested by the department;
(II) A detailed description of the facility liners, caps, berms, or other containment system components constructed at the facility, along with the methods of construction and associated quality control program as required in Section 2(b) of this chapter;
(i) Renewal applications shall be submitted as required in Chapter 1, Section 2(e).
(A) Each renewal application submitted in accordance with the requirements of subsection (a) of this section, shall include a compilation of any available previous permit application materials and supplemental information updated and revised as necessary to fulfill the information requirements specified below, as applicable:
(I) For facilities greater than one acre in size, Section 2(b), except for (b)(iii)(A)(VI), (b)(iii)(A)(VII) and (b)(iii)(A)(IX); or
(II) For facilities less than or equal to one acre in size, Section 2(c), except for (c)(ii)(E) and (c)(ii)(G).
(B) Each renewal application submitted in accordance with the requirements of Chapter 1, Section 2(e)(ii) shall include a copy of the approved permit application or the previous approved renewal permit application, with drawings and narrative updated and revised as necessary to document the facility operation activities carried out during the previous permit periods. If such activities differed from those approved in the approved permit or previous approved renewal permit, the narrative should describe the minor changes and approved major amendments. The applicant has the option to submit copies of only the updated and revised portion of the previous application, if the revised and updated pages and drawings are appropriately numbered and dated to facilitate incorporation into the previous permit document.
(ii) All renewal applications shall contain the following information:
(A) Any necessary plan revisions for the upcoming permit renewal period. Any requests for approval of amendments which describe major changes in facility operation shall also be included.
(B) Detailed construction and operation specifications for the upcoming permit period, if such specifications were not included in an approved facility permit application submitted in accord with subsection (b)(iii)(E) of this section;
(C) Assessment of site life remaining. If less than two years of capacity remains, a description of steps taken to secure a new facility shall be included;
(D) Description of intermediate reclamation efforts, with evaluation of revegetation results;
(E) A description of steps taken to mitigate or correct practices that have resulted in past operational deficiencies.
(F) Any necessary information demonstrating compliance with the standards in Chapters 6, 7, 8 and/or 10, if applicable.
(iii) Renewal applications for facilities equal to or less than one (1) acre in size shall include the information specified in Section 2(d)(ii)(A), 2(d)(ii)(D) and 2(d)(ii)(E) of this chapter, in addition to information updated and revised as necessary to fulfill the information requirements specified in subsection (c) of this section, except for (c)(ii)(E) and (c)(ii)(G).
(e) Closure permit application requirements:
(i) Closure permit applications shall be submitted as required in Section 2(a) of this chapter. Each closure permit application shall contain the following information. A copy of the pertinent materials from the approved permit application or approved renewal permit application, revised and updated as necessary, may be used to fulfill requirements (F) through (J).
(A) A narrative describing the site operating history including the dates of operation, the disposal methods used and the types and amounts of waste accepted;
(B) A general facility plot plan at a scale not greater than 200 feet to the inch illustrating past areas of waste deposition, estimated dates of fill and any other pertinent features;
(C) Data on site geology and hydrology as specified in subsections (b)(iii)(A)(VIII) and (b)(iii)(A)(X) of this section;
(D) A map of the site area as specified in subsection (b)(iii)(C) of this section;
(E) An evaluation of the facility's potential to impact surface water and groundwater quality, based on the hydrogeologic information and the facility's design and operating history;
(F) General site information specified in subsections (b)(iii)(A)(I)
through (b)(iii)(A)(III) of this section;
(G) Environmental monitoring system information specified in subsection (b)(iii)(A)(XII) of this section, as applicable;
(H) Closure/post-closure information specified in subsection (b)(iii)(A)(XII) of this section, as applicable;
(I) A final contour map as specified in subsection (b)(iii)(G) of this section, as applicable;
(ii) Closure permit applications for facilities equal to or less than one (1) acre in size shall include the information specified in subsection (e)(i)(G) through (I) of this subsection.
(iii) The closure permit application shall contain information demonstrating compliance with the closure standards in Chapters 6, 7, and/or 8, if applicable.
(f) Permit terms:
(i) Industrial landfill permits will be issued for a four year term.
(ii) Renewal permits for industrial landfills will be issued for renewable four year terms.
(iii) Closure permits will be issued for a minimum five year term. The closure permit period will extend until the department finds that the facility has been adequately stabilized and the environmental monitoring or control systems have demonstrated that the facility closure is protective of human health and the environment consistent with the purposes of the Act.
(g) Financial assurance: Any operator of an industrial landfill subject to the financial assurance requirements of Chapter 7 shall provide adequate assurance of financial responsibility as specified therein, prior to issuance of an operating, renewal or closure permit by the department.
(a) Applicability: New industrial landfills and lateral expansions of existing industrial landfills shall not be located in violation of the standards described in this section.
(b) Local zoning ordinances: Facility locations shall not be in conflict with local zoning ordinances or land use plans that have been adopted by a county commission or municipality.
(c) Distance to residences and other buildings: Except upon a variance granted by the Environmental Quality Council in accord with W.S. 35-11-502(c), no facility greater than one (1) acre in size shall be located between 1,000 feet and one (1) mile of a public school except with the written consent of the school district board of trustees, or between 1,000 feet and one (1) mile of an occupied dwelling house except with the written consent of the owner. Additionally, facilities of any size shall not be located within 1,000 feet of any occupied dwelling house, school or hospital, and shall not be located within 300 feet of any building unless provisions have been made for protection from methane gas accumulation.
(d) Distance to roads and parks:
(i) Except upon a variance granted by the Environmental Quality Council in accord with W.S. 35-11-502(c), no facility greater than one (1) acre in size shall be located between 1,000 feet and one-half (1/2) mile of the center line of the right-of-way of a state or federal highway unless screened from view as approved by the department. Additionally, facilities of any size shall not be located within 1,000 feet of any interstate or primary highway right-of-way, unless the facility is screened from view by natural objects, plantings, fences or other appropriate means, and is authorized by the state highway commission in accord with provisions of the Junkyard Control Act, W.S. 33-19-103 et seq.
(ii) Facilities shall not be located within 1,000 feet of any public park or recreation area unless the facility is screened from view by natural objects, plantings, fences or other appropriate means.
(e) Distance to drinking water sources: Except upon a variance granted by the Environmental Quality Council in accord with W.S. 35-11-502(c), no facility greater than one (1) acre in size shall be located between 1,000 feet and one-half (1/2) mile of a water well permitted or certificated for domestic or stock watering purposes except with written consent of the owner of the permit or certificate. Additionally, facilities of any size shall not be located within 1,000 feet of any drinking water source such as a well or surface water intake.
(f) Distance to other surface waters:
(i) Facilities shall not be located within 1,000 feet of any perennial lake or pond which is either naturally occurring, or which contains water used for any purpose not directly related to an industrial process.
(ii) Facilities shall not be located within 300 feet of any industrial process water or storm water management pond.
(iii) Facilities shall not be located within 300 feet of any perennial river or stream.
(g) Floodplains: Facilities shall not be located within the boundaries of a 100-year floodplain.
(h) Wetlands: Facilities shall not be located in wetlands.
(i) Wild and Scenic Rivers Act: Facility locations shall not diminish the scenic, recreational and fish and wildlife values for any section of river designated for protection under the Wild and Scenic Rivers Act, 16 USC 1271 et seq., and implementing regulations.
(j) National Historic Preservation Act: Facilities shall not be located in areas where they may pose a threat to an irreplaceable historic or archeological site listed pursuant to the National Historic Preservation Act, 16 USC 470 et seq. and implementing regulations, or to a natural landmark designated by the National Park Service.
(k) Endangered Species Act: Facilities shall not be located within a critical habitat of an endangered or threatened species listed pursuant to the Endangered Species Act, 16 USC 1531 et seq., and implementing regulations, where the facility may cause destruction or adverse modification of the critical habitat, may jeopardize the continued existence of endangered or threatened species or contribute to the taking of such species.
(l) Big game winter range/grouse breeding grounds: Facilities shall not be located within critical winter ranges for big game or breeding grounds for grouse, unless after consultation with the Wyoming Game and Fish Department, the director determines that facility development would not conflict with the conservation of Wyoming's wildlife resources.
(m) Avalanche areas: Facilities shall not be located in documented avalanche prone areas.
(n) Hydrogeologic conditions: Facilities shall not be located in an area where the department, after investigation by the applicant, finds that there is a reasonable probability that solid waste disposal will have a detrimental effect on surface water or groundwater quality, or where the department determines it is not possible to effectively monitor existing groundwater.
(o) Dust, odor and nuisance potential: Facilities shall not be located in an area determined by the department to present a dust, odor, or public nuisance potential, unless the facility operating plans required by Section 5 of this chapter specifically address appropriate control of the potential problems.
(p) Distance from incorporated cities or towns: Except upon a variance granted by the Environmental Quality Council in accord with W.S. 35-11-502(c), no facility greater than one (1) acre in size shall be located within one (1) mile of the boundaries of an incorporated city or town.
(q) Compliance with other standards: Facilities which are also subject to regulation under Chapters 6 or 8 of these rules and regulations shall not be located in violation of the standards of those chapters.
Section 4. Design and Construction Standards. Each facility shall be designed and constructed in compliance with the standards listed in this section.
(a) Surveyed corners: All site boundary corners at facilities greater than or equal to one (1) acre in size, shall be surveyed and marked with permanent survey caps.
(b) Access restrictions:
(i) The working area of all facilities shall be fenced in such a manner as to prevent people and livestock from entering the facility and to contain litter within the facility.
(A) Additional fencing may be required to restrict access to reclaimed areas or other areas that may present public health and safety hazards.
(B) If the landfill is within an industrial property which has a perimeter fence and the public and animals do not have access to the landfill site, the requirement for a fence around the landfill may be waived. However, the department may require suitable litter screens or fences.
(ii) If the public has access to the landfill site, any access road that is used by the public shall be equipped with a gate which can be locked when the facility is unattended.
(c) Posting standards: Each point of access shall be identified by a sign, which shall be easily readable and shall be maintained in good condition, and which contains at a minimum the following information:
(i) For facilities not used by the public:
(A) Identification of the site as a solid waste landfill;
(B) Wastes that are accepted for disposal at the facility.
(ii) For public facilities:
(A) The facility name;
(B) The name and phone number of the responsible person to contact in the event of emergencies;
(C) The hours of operation;
(D) Wastes that are accepted for disposal at the facility;
(E) A requirement to notify the landfill operator of any asbestos wastes.
(d) Firelanes: All facilities shall have a fire lane which is a minimum of 10 feet wide around the active disposal area and within the working area/perimeter fence.
(e) Topsoil standards: Topsoil from all disturbed areas shall be stripped and stockpiled in an area which will not be disturbed during facility operation. Topsoil stockpiles shall be located such that they will not be disturbed by future operation of the landfill, until needed for reclamation purposes. These stockpiles shall be identified by signs, and vegetated as required for stabilization. This topsoil will be used for site reclamation. Topsoil shall not be removed from the facility without written authorization from the department.
(f) Surface water runoff designs: Surface water diversion structures shall be properly sized to accommodate:
(i) A 25-year, 24-hour event for temporary structures anticipated to be used for periods less than 5 years.
(ii) A 100-year, 24-hour event for structures anticipated to be used for 5 years or longer.
(g) Engineered containment system requirement: Engineered containment systems comprised of liners and caps, which may include lateral drainage layers, leachate collection systems and leak detection systems, are required at industrial landfills under any of the following conditions, as determined by the department:
(i) When native soils underlying the landfill are sufficiently permeable to allow potential contamination of groundwater through operation of the facility; or
(ii) When waste types or operation practices create a reasonable potential for contamination of underlying soils and/or groundwater; or
(iii) When site hydrologic conditions create a condition whereby groundwater is not sufficiently protected from contamination; or
(iv) At any facility which receives greater than 500 tons of industrial solid waste per operating day, on a monthly average. Containment systems at these facilities shall include leachate collection and leak detection systems.
(h) Design/construction of engineered containment systems: Engineered containment systems shall be designed and constructed to meet these standards:
(i) Engineered barrier layers forming caps and/or liners constructed of clay shall have a maximum vertical hydraulic conductivity of 10E-7 cm/sec. These barrier layers shall have a minimum thickness of 24 inches. Clay barrier layers shall be constructed in lifts which do not exceed six (6) inches in thickness, and uniform compaction of these lifts shall be assured through the use of appropriate equipment. Clay barrier layers forming a cap shall be overlain by a layer of soil which is of suitable thickness to protect the clay barrier layer from frost penetration.
(ii) All engineered containment system components shall be supported by material of sufficient bearing strength to prevent subsidence and failure of any component. This bearing strength shall be documented through materials testing as specified by the department.
(iii) Synthetic membranes used as part of any containment system shall be of a material and thickness which is suitable for the intended use, but in no case shall be less than 0.030 inches thick (30 mils). All synthetic membranes shall be underlain by a suitable bedding material.
(iv) Lateral drainage layers included in composite cap and liner system designs shall be composed of either granular material or a synthetic drain net of suitable lateral permeability to promote acceptable drainage, as approved by the department. Lateral drainage layers shall be protected from soil clogging by either a synthetic filter fabric or a graded granular layer of a design approved by the department.
(v) Leachate collection systems installed as part of an engineered containment system shall be sized and designed to efficiently collect and transport leachate. Leak detection systems shall be designed to efficiently identify failure of the overlying barrier layer.
(vi) The quality assurance/quality control (QA/QC) plan for engineered containment systems shall assure adequate construction and testing of the containment system components, as called for in the design specifications in the facility plan.
(i) Volumetric capacity limit for refuse cells with engineered containment systems: No refuse cell for which an engineered containment system is required shall have a volumetric capacity of greater than 300,000 cubic yards, except for cells dedicated strictly for the on-site disposal of coal ash generated at coal-fired power plants, which shall have a volumetric capacity limit of not more than 2,500,000 cubic yards.
(j) Slope stability for excavations: Trench wall slopes shall not exceed a ratio of 1:1 (horizontal:vertical) unless a slope stability analysis demonstrates steeper slopes can be safely constructed and maintained. This analysis may be based on site specific soil stability calculations, or Wyoming Occupational Safety and Health Administration regulations for excavations, or on the operator's previous excavation experience in this locality.
(k) Litter control: Litter control measures will include provisions for litter catch screens, and any other additional controls necessary to contain litter within the facility and to prevent the facility from becoming unsightly.
(l) Methane control for on-site structures: All structures on the landfill facility will be designed to prevent the accumulation of methane such that the concentration of methane gas in facility structures does not exceed 25 percent of the lower explosive limit (LEL) for methane, if the landfill waste is capable of generating methane gas.
(m) Buffer zones: A buffer zone of at least 20 feet shall be maintained within the perimeter of each facility to allow proper reclamation and to allow placement of monitoring wells and/or equipment.
(n) Special waste area standards: All facilities shall comply with minimum standards in Chapter 8 for each type of special waste disposal area. Disposal of special waste at any industrial landfill is prohibited unless the facility has been designed and constructed to accept that special waste in accord with the standards in Chapter 8.
(o) Control of active area: The facility shall be designed to limit dumping to the smallest practical area. Signs or other physical dumping barriers shall be available to direct dumping to the proper area. If the landfill is used by the general public, the facility attendant shall assure that dumping is adequately confined.
(p) Design/construction standards for facilities less than or equal to one (1) acre in size:
(i) Fencing or other access control suitable to prevent access to the working area by animals and/or unauthorized persons shall be constructed.
(ii) A sign shall be posted at the facility which identifies it as an industrial waste disposal facility, lists the wastes acceptable for disposal, and, if the facility is open to the public, states the hours of operation.
(iii) All facilities shall have a fire lane as described in Section 4(d) of this chapter.
(iv) Topsoil shall be stripped and stockpiled as described in Section 4(e) of this chapter.
(v) Surface water diversion structures shall be constructed as described in Section 4(f) of this chapter.
(vi) Engineered containment systems shall be required under the conditions specified in Section 4(g) of this chapter, and shall be constructed as described in Section 4(h) of this chapter.
(vii) No refuse cell for which an engineered containment system is required shall have a volumetric capacity of greater than 300,000 cubic yards.
(viii) Trench walls shall be constructed for stability in compliance with Wyoming Occupational Safety and Health Administration guidelines for excavations.
(ix) Litter catch screens shall be constructed as necessary to contain litter within the facility.
(x) Methane in on-site buildings shall be controlled as described in Section 4(1) of this chapter.
(xi) Special waste areas shall be constructed and operated as described in Section 4(n) of this chapter.
(xii) The facility working face shall be designed to be controlled as described in Section 4(o) of this chapter.
(q) Storage and treatment standards: All facilities shall comply with minimum standards in Chapter 6 if applicable.
Section 5. Operating Standards. All facilities shall be operated in accordance with the standards described in this section.
(a) Litter control: If deemed necessary by the department, each facility shall maintain routine litter collection programs to eliminate unsightly conditions. These routine programs shall take place both within the landfill perimeter, as well as off-site, where deemed necessary. Special operating practices may be required for use during high wind periods.
(b) Equipment/standby equipment: All facilities shall have equipment that is adequate to deposit, compact and cover refuse. The operator shall demonstrate that adequate standby equipment is available to insure compliance with the compaction and covering requirements of these rules and regulations.
(c) Management and technical capabilities of the solid waste manager; qualified manager required:
(i) Each operator shall assure that the facility is operated by personnel who meet the requirements of paragraph (c)(ii) of this section. The operator shall maintain records which document the training and examination of facility personnel. These records shall be available for inspection by the department.
(ii) Each solid waste manager shall:
(A) Possess a complete working knowledge of the solid waste management facility operational plan. For any facility which is operated in compliance, the solid waste manager's working knowledge shall be presumed to be adequate. For any facility which is being constructed or operated out of compliance, the solid waste manager may be required to demonstrate working knowledge of the plan to the department by written or oral examination. This demonstration shall be conducted:
(I) For any new solid waste manager, no later than six months following assumption of responsibility for operating a facility; or
(II) For any existing solid waste manager, no later than six months following the date the facility is permitted under this chapter.
(B) Attend the classroom or field training program described in the approved plan. For any facility operated in compliance, the personnel training program shall be presumed to be adequate. For any facility which is being constructed or operated out of compliance, the department may disapprove the training program described in the plan and require the operator to submit a revised training program within thirty (30) days for approval by the department.
(C) Attend any training course sponsored by the department, which the department requires to provide training on changes to state or federal solid waste rules or guidelines. For any such mandatory training course, the department shall provide each operator with a minimum of ninety (90) days notice prior to the scheduled training course.
(iii) Each facility subject to the permitting requirements of this chapter shall employ a solid waste manager meeting the requirements of the approved plan, who may be the operator. In the event that a qualified solid waste manager terminates employment for any reason, the operator shall designate a new solid waste manager who meets the requirements of the approved plan, within six months of such termination.
(d) Cover frequency: All facilities are required to cover refuse with at least six inches (6") of uniformly compacted soil cover material at least monthly, or more frequently if required by the department, with the following exceptions:
(i) Flyash and bottom ash disposal facilities greater than one (1) acre in size may cover the ash waste less frequently than once per month, as specified by the department;
(ii) Industrial landfills which receive less than twenty (20) cubic yards of refuse in any calendar month may instead be covered as described in this subsection whenever the waste on the working face reaches a depth of three (3) feet, so long as the waste stream does not include any putrescible waste;
(iii) Alternate types of cover material and associated cover depths may be approved by the department upon petition by the applicant. Alternative covering schemes shall be appropriate to control infiltration, fires, litter, odor and disease vectors such as insects and rodents.
(e) Confine working face: All refuse shall be confined to the smallest practical area and shall be deposited at the toe of the working face slope, as well as in a manner to control windblown materials.
(f) Control access to facility: If the facility is open to the public, access shall be prohibited at any time other than the facility's posted operating hours.
(g) Surface water restrictions: Facilities shall not be operated so that standing or running water comes into contact with refuse, except for ash disposal facilities in which the ash is deposited as a slurry mixture. All facilities shall take adequate measures to prevent and/or alleviate ponding of water over filled areas. Surfaces shall be graded to promote lateral surface water run-off.
(h) No burning: No open burning of solid waste is allowed, with the exception of clean wood, tree trimmings and/or brush; this exception is valid only when the operator has obtained a permit from the Air Quality Division.
(i) Fire protection and other emergency protection measures: Facilities shall maintain, at a minimum, an unobstructed 10 foot firelane within the working area fence or perimeter fence. The landfill personnel shall have access to portable fire extinguishers when on-site. Depending on the facility location, personnel may be required to have a communication system with which to alert the local fire department.
(j) Liquid wastes: Liquid wastes may not be placed in an industrial landfill, unless specifically authorized by the department.
(k) Hazardous wastes: No industrial landfill is permitted to accept hazardous wastes unless specific authorization is granted in writing by the department.
(l) Solid waste compaction: All solid waste shall be effectively compacted in order to reduce long term settling and conserve landfill space.
(m) Operator shall have copy of plan: The operator shall have a copy of the operating plan available at the facility when landfill personnel are on-site. In addition, the operator shall have available a contact list of names and telephone numbers of pertinent department staff members, the local fire department, and any salvage or recycling company used by the facility.
(n) Intermediate cover: For any area where wastes will not be disposed for a period of 180 days, that area shall be covered with the required 6 inches of cover material and an additional 12 inches of intermediate cover.
(o) Phased reclamation: All completed refuse fill areas shall be promptly reclaimed with final cover, topsoil and revegetation in order to stabilize the landfill surface and reduce the potential for leachate generation.
(p) Vector control: On-site populations of disease vectors shall be prevented or controlled using techniques appropriate for the protection of human health and the environment.
(q) Dust/odor/nuisance control: Adequate measures shall be taken to minimize dust and odors, and to prevent the occurrence of any public nuisance.
(r) Contact with groundwater prohibited: Wastes shall not be allowed to be placed in contact with groundwater.
(s) Traffic control: If the facility is open to the public, signs shall be posted to direct traffic to the proper area for dumping.
(t) Methane migration: Facilities shall be operated such that the concentration of methane gas at the facility boundary does not exceed 25% of the lower explosive limit (LEL) for methane.
(u) Groundwater quality: Solid waste disposal facilities shall not alter groundwater quality, as determined by groundwater monitoring.
(v) No discharge to surface waters: Facilities shall be operated such that leachate is not allowed to enter any surface water, either on-site or off-site, unless authorized by a National Pollutant Discharge Elimination System (NPDES) permit pursuant to the Clean Water Act.
(w) Recordkeeping standards:
(i) Each operator shall have the following records available at the facility when landfill personnel are onsite as specified by Chapter 1, Section 1(g). Records required by Section 5(w)(i)(A) and (B) need only be retained for a period of three (3) years; all other records shall be retained through the length of the post-closure period:
(A) Log of litter collection activities specifying the dates and areas of litter collection and the names of responsible personnel, if applicable;
(B) Log of refuse compaction and covering procedures specifying the dates on which compaction and covering operations were conducted;
(C) Types and disposition of special wastes, including the volume, date of disposition and source of waste;
(D) Record of third party requests for disposal of prohibited wastes, if the facility is allowed to accept wastes from persons other than the operator;
(E) As-built specifications for length, width and depth of trenches, and maps of trench boundaries;
(F) Dates when trenches completed, and contents of the trench;
(G) Monitoring data as required by Section 6;
(H) Records of waste sold or otherwise salvaged;
(I) Record of any problems causing operations to cease, including but not limited to fire or equipment failure;
(J) Copy of the department permit letter;
(K) Dates when reclamation activities take place.
(x) Waste screening: All incoming wastes shall be screened to prevent disposal of unpermitted or prohibited wastes. This screening may include, but need not be limited to: observation of wastes by the site attendant prior to disposal, or, in the case of landfills dedicated to the use of a single industrial user, observation of the waste by supervisory personnel prior to shipment of the waste to the dedicated landfill.
(y) Operating standards for facilities less than or equal to one (1) acre in size:
(i) No operator may simultaneously operate more than one industrial landfill of this category within one mile of each other.
(ii) Litter control shall be exercised as described in Section 5(a) of this chapter.
(iii) Cover frequency shall be maintained as described in Section 5(d) of this chapter.
(iv) The working face shall be confined to the smallest practical area, and operated to control windblown materials.
(v) Access to the facility shall be prohibited to animals and unauthorized persons.
(vi) The facility shall be operated such that surface water does not come into contact with refuse.
(vii) Refuse may not be burned, except as described in Section 5(h) of this chapter.
(viii) Fire protection and emergency protection shall be accomplished as described in Section 5(i) of this chapter.
(ix) No liquid wastes shall be placed in an industrial landfill, unless specifically authorized by the department.
(x) No hazardous wastes may be placed in an industrial landfill, unless specific authorization is granted in writing by the department.
(xi) A copy of the facility operating plan shall be available to landfill personnel on-site.
(xii) Intermediate cover shall be placed as described in Section 5(n) of this chapter.
(xiii) Disease vectors shall be prevented or controlled in a manner protective of human health and the environment.
(xiv) Adequate measures shall be taken to prevent dust and odors, and to prevent the occurrence of any public nuisance.
(xv) Waste shall not be allowed to come into contact with groundwater.
(xvi) Methane shall be controlled at the facility boundary as described in Section 5(t) of this chapter.
(xvii) Solid waste disposal facilities shall not alter groundwater quality, as determined by groundwater monitoring.
(xviii) Leachate may not enter surface water, except as described in Section 5(v) of this chapter.
(xix) Waste screening shall be accomplished as described in Section 5(x) of this chapter.
(z) Special waste standards: Facilities at which special wastes (subject to the requirements of Chapter 8) are received shall manage those wastes in compliance with the operating standards of Chapter 8.
Section 6. Monitoring Standards. All facilities required to institute monitoring shall meet the standards described in this section.
(a) Handling and storage of samples: Groundwater, soil, and decomposition gas samples shall be collected and stored in accordance with department specifications.
(b) Groundwater:
(i) Well placement: All facilities required to install monitoring wells shall place them in accordance with the department's requirements. Following initial placement of the wells, the operator shall confirm that the wells are capable of measuring groundwater quality that is representative of conditions hydraulically upgradient and downgradient of the solid waste disposal facility.
(ii) Well design, construction/installation and abandonment: All wells shall be designed, constructed and installed in accordance with the Water Quality Division Chapter XI requirements. All abandoned monitoring wells shall be plugged and sealed in accordance with the Water Quality Division Chapter XI requirements.
(iii) Permits required: Prior to well installation, the monitoring well design, construction and location specifications shall be approved by the department. A construction permit under Chapter III of the Water Quality Division Rules and Regulations is not required. All monitoring wells shall be permitted by the Wyoming State Engineer's Office.
(iv) Analyses:
(A) Baseline monitoring: The initial groundwater samples shall be analyzed for those parameters listed in the Water Quality Division Chapter VIII regulations, plus any additional parameters which may be present in the waste likely to be disposed at the facility, which the department deems necessary based on review of the waste types. Additionally, water temperature, specific conductance, pH and static water level shall be measured in the field during each monitoring event. The length of this baseline monitoring period shall not exceed one (1) year, and samples shall be obtained at least quarterly during this period.
(B) Routine monitoring: Following the initial monitoring period, the department may specify a reduced set of sampling parameters to be analyzed at least annually.
(C) Detection monitoring: Should groundwater monitoring data cause the department to determine the facility may be impacting groundwater quality, a revised set of sampling parameters and revised sampling schedule may be required by the department.
(v) Operators of facilities which have five (5) or more groundwater monitoring wells designated for monitoring potential impacts from the facility shall be required to submit groundwater monitoring data on magnetic media or electronically transmitted files in the computer spreadsheet format which is specified by the department. Alternatively, these operators may submit hard copies of these data in a tabular format which is approved by the department in order to facilitate electronic scanning by the department.
(c) Methane:
(i) Methane probe system design: Methane probe design, construction, installation and location shall be adequate to monitor compliance with the appropriate standards specified in Sections 4 and 5 of this chapter.
(ii) Abandonment of methane probe boreholes: Abandoned methane probe boreholes shall be plugged and sealed in accordance with department recommendations.
(iii) Analyses: Methane analyses shall be conducted at least quarterly, should the department determine methane monitoring is required. Analyses shall be conducted using a gas- scope and/or organic vapor analyzer, using the manufacturer's recommended procedures.
(d) Air monitoring: Air monitoring, if required, shall be conducted in accord with Air Quality Division regulations.
(e) Soil core monitoring: Soil core monitoring, if required, shall be conducted in accord with a plan approved by the department.
(f) Interpretation and statistical analysis of monitoring data: On an annual basis the operator shall supply the department with an interpretation of the results of the environmental monitoring program(s). The department may require the operator to present monitoring data in a graphical format (charts and/or maps), in addition to tabular format. Any statistical analysis of monitoring data shall be done in accord with methods approved by the department.
Section 7. Closure and Post-Closure Standards.
All facilities shall be closed in accordance with the standards described in this section, as well as the requirements of Chapter 1, Section 2(g).
(a) Post-closure land use: All sites shall be returned to the use specified in the permit, following closure of the facility.
(b) Length of post-closure period: The post-closure period for industrial landfills shall extend for a period of not less than five (5) years after completion of closure activities. Following this initial minimum period, the post-closure period shall be automatically extended until such time when the director 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.
(c) Notice on deed: At closure, an instrument which clearly gives notice of the restrictions that apply to future activities on the disposal facility property shall be filed for recording in the county where the facility is located. Wording of such an instrument shall indicate that the property has been used as a solid waste disposal facility. This shall be recorded prior to any property transaction resulting in another use for the property. The operator, or any successors, shall assure that post-closure use of the property shall be restricted to prevent any disturbance to the facility's containment system or the functioning of the facility's monitoring system.
(d) Posted notification for public: If the facility has been used by the general public, the operator shall arrange for notice of closure to be published in an area newspaper as well as posted at all facility access points.
(e) Minimum period for maintenance of access restriction: The operator shall not remove the facility's fence, gates and any other restrictions until the site has been satisfactorily closed and revegetated, if post-closure land use requires establishment of vegetative cover.
(f) Prevention of erosion or ponding problems: For closure to be satisfactory, the site shall be engineered to inhibit future problems with erosion or ponding of surface water over filled areas. This may be done via site grading and revegetation, placement of rip rap or other appropriate means.
(g) Minimum thickness of subsoil and topsoil for final cover: For closure, a compacted layer of subsoil, or a combination of materials as specified in the permit, at least two (2) feet thick shall be constructed over the refuse or any intermediate cover already in place. Compacted soil layers overlying any engineered cap shall meet the design criteria specified in Section 4(h) of this chapter. This compacted layer shall be covered with at least six inches of topsoil and graded to prevent erosion or surface water ponding.
(h) Seeding specifications: Any portion of the site that has been disturbed by solid waste disposal activities shall be reseeded consistent with the post-closure land use, in order to establish vegetation capable of minimizing wind and water erosion of the final cover. Vegetation shall be a diverse mix selected to be compatible with the climatic conditions, require little maintenance, and have root depths that will not exceed the depth of the final cover.
(i) Commencement of closure: Closure activities as specified in this section and in the approved facility closure plan shall commence at a time no later than nine (9) months following the time the facility ceases to receive solid wastes. Closure shall be promptly completed, and in no case shall completion of the required closure activities exceed twelve (12) months following commencement of such closure activities, unless the department approves interim measures and delayed final closure upon petition by the operator.
(j) Surveyed corners: If not accomplished previously, all site boundary corners for facilities greater than one (1) acre in size shall be surveyed and marked with permanent survey caps upon facility closure.
(k) Surface water diversion: Surface water diversion structures at any site shall be maintained in operating condition throughout the closure/post-closure period.
(l) Maintenance of environmental monitoring systems: The operator shall maintain all environmental monitoring systems for the length of the closure/post-closure period.
(m) Maintenance of corrective action systems: The operator shall respond to any pollution problem reasonably related to the facility's activities. The system shall be maintained for the length of the closure/post-closure period.
(n) Compliance with other standards: Each facility subject to the requirements of Chapters 6, 7, and/or 8 shall close, and maintain during the post-closure period in compliance with the requirements of those chapters, if applicable.