Wyo. Code R. 020-0009-6
Solid Waste Management
Chapter 6: Transfer, Treatment, and Storage Facility Regulations
Effective Date: 05/03/2019 to Current
Rule Type: Current Rules & Regulations
Reference Number: 020.0009.6.05032019
(a) Authority: The authority for the rules and regulations promulgated in this chapter is the Wyoming Environmental Quality Act, Wyoming Statutes (W.S.) §§ 35-11-101 et seq.
(b) Permit transition:
(i) Existing facilities:
(A) Existing facilities that have received wastes after the effective date of these regulations:
(I) The operator of any facility with a complete application or a valid permit or an authorization that has not expired by the effective date of these regulations shall either:
(1.) Submit a renewal application before the existing permit or authorization expires, or
(2.) Cease receipt of wastes before the existing permit or authorization expires and close in conformance with the closure standards in this chapter.
(II) The operator of any facility without a complete application or a permit or authorization that has expired by the effective date of these regulations shall either:
(1.) Submit a renewal application no later than six (6) months after the effective date of these regulations, or
(2.) Cease receipt of wastes within six (6) months after the effective date of these regulations and close in conformance with the closure standards in this chapter.
(B) Existing facilities that have not received wastes after the effective date of these regulations: The operator may be required to submit a closure plan upon request by the Administrator. The Administrator may request such a plan whenever the Administrator has reason to believe that health and safety hazards are present or there is evidence of environmental contamination.
(ii) New facilities: The operator of any new facility shall submit an application as specified in Chapter 1 and shall obtain a permit prior to construction;
(A) Anticipated closure: The operator of any facility with a valid permit on the effective date of these regulations shall provide written notice of the intent to close to the Administrator at least thirty (30) days prior to commencing closure and close the facility in conformance with the closure standards in the facility’s permit and this chapter. Closure shall be completed within ninety (90) days, unless additional time is granted by the Administrator. Within thirty (30) days after closure activities have been completed, the operator shall submit written documentation of closure to the Administrator. When the Administrator determines that closure has been properly completed and there are no health and safety hazards or environmental contamination, the permit shall be terminated and financial assurance will no longer be necessary.
(B) Unanticipated closure: In the event any facility ceases operation, as determined by nonreceipt of solid wastes for a continuous nine (9) month period or any continuous one (1) year period for petroleum-contaminated soils land treatment facilities and mobile transfer, treatment and storage facilities, the operator shall provide written notification to the Administrator no later than thirty (30) days after the end of such nine (9) month or one (1) year period and close the facility in conformance with the closure standards in the facility’s permit and this chapter. Closure shall be completed within ninety (90) days, unless additional time is granted by the Administrator. Within thirty (30) days after closure activities have been completed, the operator shall submit written documentation of closure to the Administrator. When the Administrator determines that closure has been properly completed and there are no health and safety hazards or environmental contamination, the permit shall be terminated and financial assurance will no longer be necessary.
(C) Mobile transfer, treatment and storage facility closure: The operator of any mobile facility shall provide written notification to the Administrator within thirty (30) days if the operator no longer plans to operate the facility.
(i) Permits shall be issued for the operating life of the facility through closure and completion of any required remediation activities, as approved by the Administrator.
(ii) Mobile facilities shall not be operated in a single location for more than one (1) year, unless the Administrator provides specific written authorization;
(d) Definitions: The definitions in W.S. § 35-11-103(a) and (d) of the Wyoming Environmental Quality Act and the definitions in Solid Waste Rules and Regulations Chapter 1 apply to these rules.
(a) General standards: All facilities shall comply with the applicable standards in this chapter, whether or not detailed information must be submitted in a permit application.
(b) Permit application forms: All permit applications shall contain a completed permit application form. 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.
(i) 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) Except for Low Hazard/Low Volume (LH/LV) facilities (fixed and mobile), all permit applications shall be prepared under the supervision of a professional engineer registered in the State of Wyoming. Except for LH/LV facilities (fixed and mobile), all permit application forms shall be stamped, dated and signed by a professional engineer. In addition, all portions of the permit application that require geological services or work shall be stamped, signed and dated by a professional geologist licensed by the State of Wyoming.
(c) Low Hazard/Low Volume facility permit applications, except applications for mobile facilities: In addition to a permit application form, LH/LV permit applications shall include:
(i) An original USGS map or another map approved by the Administrator, identifying the location of the facility. If the facility is located within a city or town, a map of the city or town may be used in lieu of an original USGS map.
(ii) A brief narrative describing the facility, including a description of waste management activities, the type and quantity of waste managed, the service area and the source of incoming waste.
(iii) A demonstration that the facility meets the location standards in Section 4 of this chapter.
(iv) Except for municipally operated facilities, a detailed description of the tasks to be completed in order to properly close the facility, including but not limited to the removal and proper management of the maximum amount of wastes, both treated and untreated, that may be stored at the facility, cleaning of all solid waste management units and equipment, and reclamation of the site.
(v) Information to verify compliance with Chapter 7, including an estimate of third-party costs associated with facility closure tasks, and an appropriate financial assurance mechanism.
(d) Mobile and full-size fixed transfer, treatment, and storage facility permit applications: In addition to a permit application form, a written application shall demonstrate compliance with the applicable requirements of Sections 3-17 of this chapter. If any standard or requirement is not applicable to the facility, the permit application shall explain why the standard or requirement is not applicable.
(e) Renewal applications: Renewal applications shall be submitted as required in Chapter 1 and shall contain the following information:
(i) A compilation of any available previous permit application materials and supplemental information updated and revised as necessary to describe any amendments and fulfill the information requirements specified in this chapter, except for surface ownership and location standards. The applicant may submit copies of only the updated and revised portion of the previous application, if the revised and updated pages are appropriately numbered and dated to facilitate incorporation into the previous permit document.
(ii) Any necessary plan revisions and any requests for approval of amendments.
(a) Requirements for mobile and full-size fixed facilities:
(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) The position title, address, and telephone number of the solid waste manager.
(iii) A brief narrative describing the facility, the type of waste transfer, treatment and storage that is planned, including but not limited to chemical, physical, biological, and thermal activities. A descriptive statement of the procedures and processes to be used, and the type, amount, and source of incoming waste shall be provided. The narrative shall also describe the service area of the facility.
(b) Additional requirements for full-size fixed facilities:
(i) The legal description of the property to be used as a transfer, treatment and storage facility. 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.
(ii) Information describing surface ownership of the site and all lands adjacent to the facility boundary.
(c) Access agreement: The application shall include the following access agreement:
(i) The owner of the facility authorizes Department representatives, upon the presentation of credentials and other documents as may be required by law, to access and enter upon the operator's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of a permit, authorization or exemption; have access to and copy, at reasonable times, any records that must be kept under the conditions of any permit, authorization or exemption; inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the Act; and collect resource data, sample or monitor at reasonable times, for the purposes of ensuring compliance or as otherwise authorized by the appropriate rules and regulations of the Department, any substances or parameters at any location.
(a) General standards: New transfer, treatment and storage facilities shall not be located in violation of the standards in this section.
(b) Local zoning: 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) Floodplains: Facilities shall not be located within the boundaries of a 100-year floodplain.
(d) Wetlands: Facilities shall not be located in wetlands.
(e) Outdoor waste management: Waste management activities that are not conducted inside an enclosed building, tank or a container shall not be located within 1,000 feet of the following unless the facility or waste management unit or area is screened from view, as approved by the Administrator:
(i) An occupied dwelling house, school or hospital.
(ii) An interstate or primary highway right-of-way.
(iii) A public park or recreation area.
(f) 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 U.S.C. 1271 et seq., and implementing regulations.
(g) 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 U.S.C. 470 et seq. and implementing regulations, or to a natural landmark designated by the National Park Service.
(h) Critical habitat: Facilities shall not be located within a critical habitat of an endangered or threatened species listed pursuant to the Endangered Species Act, 16 U.S.C. 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.
(i) Critical winter range: 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 Administrator determines that facility development would not conflict with the conservation of Wyoming's wildlife resources.
(j) Special waste: Any facility used for the management of a special waste regulated under Chapter 8, Special Waste Management Standards, shall also comply with applicable location standards established under Chapter 8.
(a) Requirements for mobile and full-size fixed facilities:
(i) An evaluation of the facility's potential to impact surface and ground water quality, based on the facility design and operating practices.
(b) Additional requirements for full-size fixed facilities:
(i) Detailed information describing the site's geology, hydrology and hydrogeology and an evaluation of the potential to impact surface and groundwater quality based on the site's geology, hydrology and hydrogeology shall be provided if waste management occurs outside an enclosed building.
(a) Waste management units: The size, type and number and purpose of all solid waste management units and equipment shall be described. This information shall also include a description of the capacity of the solid waste management units and equipment in terms of how much waste can be transferred and treated per hour, day, month or year and the maximum quantity of wastes, both treated and untreated, that can be stored in each solid waste management unit.
(b) Fences and gates: Other than mobile facilities, each facility shall be fenced and equipped with a gate that can be locked. Facilities do not need to be fenced and equipped with a gate that can be locked if the facility is located in a remote or industrial area that already has adequate access control features in place to meet the intent of this standard. Appropriate measures shall be used to restrict access to mobile treatment facilities.
(c) Access signs: Each point of access shall be identified by a sign that shall be easily readable, maintained in good condition, and contain, at a minimum, the following information:
(i) The facility name.
(ii) The name and phone number of the responsible person to contact in the event of emergencies.
(iii) The hours of operation if the facility is open to the public.
(iv) Depending on the particular waste type, additional information describing the particular hazards of the waste may also be required.
(d) Traffic signs: Each facility shall have signs to direct traffic to the proper waste management area, if the facility is open to the public.
(e) Waste management unit signs: Solid waste management units and equipment used to manage treated or untreated waste shall be identified by a sign or label that shall be easily readable, maintained in good condition and identify the name of the solid waste management unit or equipment and the waste type contained in the solid waste management unit.
(f) Access roads: Facility access roads shall be constructed to enable use under inclement weather conditions as applicable.
(g) Fire lanes and buffer zones: For those facilities where any waste management occurs outdoors, the facility shall have a fire lane/buffer zone constructed around all active solid waste management units and equipment or within the site perimeter fence. The width of the fire lane/buffer zone shall be a minimum of twenty (20) feet, but may be wider depending on the specific waste type and the ability of fire fighting equipment to properly operate within the facility.
(h) Surface water structures: For those facilities where any waste management occurs outdoors, the facility shall have surface water structures to control surface water run-on and run-off. Surface water structures shall be designed and constructed to:
(i) At fixed facilities, prevent flow onto the active portion of the facility during the peak discharge from a 25-year storm.
(ii) At fixed facilities, collect and control runoff from the active portion of the facility from at least the water volume from a 24-hour, 25 year storm.
(iii) At mobile facilities, control run-on and runoff from the active portion of the facility.
(iv) At all facilities, sediment control structures shall be designed and constructed in accordance with Chapter 11 of the Water Quality Rules and Regulations.
(i) Waste containment: Units shall be designed and constructed to contain the wastes within the unit and prevent the migration of contaminants. Solid waste management units that manage liquid waste shall also meet the following standards:
(i) Above ground tanks and containers shall be equipped with low-permeability secondary containment systems that provide a secondary means of containment for the entire capacity of the largest single container and sufficient freeboard to contain precipitation.
(ii) Below ground tanks or containers shall be designed and constructed with leak detection systems.
(iii) Ponds shall be designed and constructed in accordance with Chapter 11 of the Water Quality Rules and Regulations.
(iv) Open-topped tanks, containers and ponds that contain wastes that are either petroleum-based or have a pH less than 3 or greater than 10 shall be designed and constructed with netting that is adequate to prevent access by migratory birds.
(a) Access controls: Access shall be controlled to prevent the public, livestock or wildlife from being exposed to hazardous constituents or conditions. Access does not need to be controlled if the facility is located in a remote or industrial area that already has adequate access control features in place to meet the intent of this standard.
(b) Waste types and quantities: Each facility shall accept and manage only those wastes and quantities that are specified in the facility permit, unless the Administrator provides specific written authorization to accept and manage other wastes and quantities.
(c) Waste screening: Waste screening measures shall be used to prevent the management of unauthorized wastes. The waste screening measures may include specific waste testing procedures to verify that only authorized wastes are accepted at the facility.
(d) Hazardous waste: Hazardous waste shall not be managed unless the Administrator provides specific written authorization.
(e) Waste confined: All wastes shall be confined to solid waste management units and equipment as specified in the permit.
(f) Surface water and groundwater contact: Waste shall not contact surface water or groundwater.
(g) Fire protection: All facilities shall be equipped with at least one working portable fire extinguisher and a communication system for contacting local emergency management agencies. Depending on the particular waste type or management method, additional fire protection and emergency management equipment may be required.
(h) Litter collection: Each facility shall have an effective litter collection program to contain litter within the facility and to prevent the facility from becoming unsightly, if the facility manages wastes that are susceptible to blowing.
(i) Disease vectors: Onsite populations of disease vectors shall be prevented or controlled using techniques appropriate for the protection of human health and the environment.
(j) Dust and odors: Adequate measures shall be taken to minimize dust and odors.
(k) Scavenging: Scavenging shall be prohibited at all facilities.
(l) Mechanical breakdown: In the event of extended mechanical breakdown, all untreated wastes shall be removed from the facility to an approved alternate facility before the wastes create a public nuisance, health hazard, fire hazard, odors or vector habitat.
(m) Waste and wastewater: All wastes and wastewaters generated from any waste management processes shall be characterized and managed by the operator in accordance with applicable Department standards unless the facility is mobile and the facility operator will not be responsible for managing waste.
(n) Confirmation sampling: Confirmation sampling and analysis shall be conducted by the operator to verify that wastes have been properly treated unless the facility is mobile and the facility operator will not be responsible for managing the waste.
(o) Water Quality and Air Quality standards: Facilities shall be operated so that they are not in violation of Water Quality and Air Quality standards.
(a) General standards: All facilities required to institute monitoring shall meet the standards described in this section. The application shall include a detailed description of the environmental monitoring program including a description of the monitoring well location, design, construction and development. A description of the groundwater sampling program shall be provided including sampling frequency, test parameters, sampling procedures, test methods and quality control
(b) Collection and management of samples: Groundwater, soil, and decomposition gas samples shall be collected and managed in accordance with Department guidance or equivalent methods approved by the Administrator.
(i) Well placement: All facilities required to install monitoring wells shall locate and construct them in accordance with the Department's requirements. The system must be capable of monitoring the quality of background groundwater and groundwater passing the relevant point of compliance established by the Administrator that shall be within 150 meters (492 feet) of the waste management unit boundary on land owned by the owner of the facility.
(ii) Well design, construction/installation and abandonment: All wells shall be designed, constructed and installed in accordance with the Water Quality Division Chapter 26 requirements. All abandoned monitoring wells shall be plugged and sealed in accordance with the Water Quality Division Chapter 26 requirements.
(iii) Detection monitoring: Operators required to monitor groundwater shall institute a detection monitoring program by initially collecting four (4) quarterly samples from each well and testing each sample for the constituents specified in Chapter 2, Appendix C unless alternate or additional constituents are required by the Administrator based on wastes managed at the facility. After collection of the initial four (4) samples, semiannual samples shall be collected unless the Administrator approves an alternate sampling frequency.
(A) The owner or operator must determine whether or not there is a statistically significant increase over background values as follows:
(I) The owner or operator must compare the groundwater quality of each parameter or constituent at each monitoring well using the approved statistical method; and
(II) Within thirty (30) days after completing sampling and analysis, unless an alternate time frame is approved by the Administrator, the owner or operator must determine whether there has been a statistically significant increase over background at each monitoring well.
(B) If there is a statistically significant increase over background for one or more constituents in any well the operator must:
(I) Notify the Administrator in a written report with supporting documentation and place a copy of the report in the facility operating record within fourteen (14) days.
(II) The owner or operator may be required by the Administrator to initiate an assessment monitoring program unless within ninety (90) days or an alternate time frame approved by the Administrator, the owner or operator demonstrates to the Administrator in writing that the statistically significant increase over background is not due to the solid waste facility or unit, but that the difference is due to another source of pollution, error in sampling, analysis or statistical evaluation, or natural variation in groundwater quality. The owner or operator shall prepare a report documenting this demonstration, and following approval by the Administrator, place the report in the operating record for the facility. If the demonstration is approved, the owner or operator shall continue detection monitoring.
(III) If a successful demonstration is not made:
(1.) The owner or operator shall request that the Administrator classify groundwater according to Wyoming Water Quality Rules and Regulations and establish groundwater protection standards for applicable constituents.
(iv) Assessment monitoring:
(A) If the concentration of one or more constituents exceeds background, the Administrator may require the operator to analyze groundwater samples for some or all of the constituents found in Chapter 2, Appendix A or B based on the wastes managed at the facility. Some or all of these constituents may be added to the detection and/or assessment monitoring program for the facility.
(B) After groundwater protection standards have been established, within thirty (30) days after completing sampling and analysis, unless an alternate time frame is approved by the Administrator, the owner or operator shall determine if there has been a statistically significant increase over a groundwater protection standard in each downgradient well specified by the Administrator using a statistical method approved by the Administrator.
(C) If one or more constituents are detected at statistically significant levels above the groundwater protection standard at a relevant point of compliance established by the Administrator that is no more than 150 meters (492 feet) from the waste management unit boundary on land owned by the owner of the facility, the owner or operator shall within fourteen (14) days notify the Administrator of the constituents detected above the groundwater protection standard in a written report with supporting documentation.
(D) Unless the owner or operator demonstrates that the statistically significant increase was caused by another source, resulted from an error in sampling, analysis, or statistical evaluation, or from natural variation in groundwater quality, the Administrator may require the owner or operator to characterize the nature and extent of the release, conduct an assessment of corrective measures, and institute corrective action remedies approved by the Administrator.
(v) Facilities required to monitor groundwater shall conduct statistical evaluations of groundwater data using the methods in Chapter 2, Section 9(b)(i)(C)(V) through (VII).
(d) Air: Air monitoring, if required, shall be conducted in accordance with Air Quality Division regulations.
(e) Soil core: Soil core monitoring, if required, shall be conducted in accordance with a plan approved by the Administrator.
(f) Vadose zone: Vadose zone monitoring, if required, shall be conducted in accordance with a plan approved by the Administrator.
(a) General standards: The following records shall be maintained at the facility or an approved alternative location and available for inspection and copying as specified by Chapter 1:
(b) Records for all facilities:
(i) A copy of the approved permit application.
(ii) A copy of the Department permit letter.
(c) Records for mobile and full-size fixed facilities:
(i) Records of litter collection activities, including dates and areas of litter collection, if applicable.
(ii) Records of the source (if not a mobile facility), volume and characteristics of wastes received by the facility.
(iii) Records of the destination (if known), volume and characteristics of wastes removed from the facility.
(iv) Records of monitoring activities and copies of monitoring data, if applicable.
(v) Records of any problems causing operations to cease and emergencies, including but not limited to fire or equipment failure.
(a) Reporting standards for mobile facilities: The following records shall be provided to the Administrator prior to mobilization, on a form provided by the Administrator. Copies of these records shall be maintained at the facility or an approved alternative location and available for inspection and copying as specified by Chapter 1:
(i) The name, address and telephone number of the generator at each location where the facility will operate.
(ii) The location or street address of each location where the facility will operate.
(iii) Records demonstrating that each location where the facility will operate meets the location standards specified in Section 3 of this chapter.
(iv) Estimated dates of mobilization to and demobilization from each location where the facility will operate.
(v) Records of the source, volume and characteristics of wastes that will be managed by the facility.
(b) General reporting requirements for all facilities: Operators shall submit a report or permit amendment to the Administrator under the following circumstances:
(i) Fires and other emergencies: The operator shall report fires and other emergencies to the Administrator as soon as reasonably possible.
(ii) Monitoring: If monitoring is required, following each sampling event, operators shall provide the Administrator with copies of all required environmental monitoring data and statistical evaluations within thirty (30) days after completion of sampling and analysis unless the Administrator approves a reporting delay for good cause. Operators may be required to submit supporting charts and maps representing the data in the monitoring reports. Monitoring data shall be submitted electronically in a format specified by the Administrator.
(iii) General facility changes: A permit amendment application shall be submitted for approval prior to implementing any change that would result in non-compliance with the facility permit or the approved permit application. Permit amendments shall comply with the requirements of Chapter 1 of the Solid Waste Rules and Regulations.
(iv) Additional Information: The Administrator may require reporting of additional information needed to demonstrate compliance with these rules and regulations.
(a) General standards: The application shall include a detailed description of the tasks to be completed in order to properly close the facility, including but not limited to the removal and proper management of the maximum amount of wastes, both treated and untreated, that may be stored at the facility, cleaning of all solid waste management units and equipment, and reclamation of the site. Facilities shall meet the following standards:
(b) Commencement and completion of closure:
(i) Fixed facilities: At all fixed facilities, closure activities as specified in the approved facility permit application, 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 within twelve (12) months following commencement of such closure activities unless the Administrator approves an extended closure period for good cause.
(ii) Mobile facilities: At the completion of each mobile transfer, treatment and storage facility operation at a specific location, all waste management units and equipment shall be properly cleaned, decontaminated, dismantled and removed from the site.
(c) Removal of waste: All remaining treated and untreated wastes shall be removed from the facility and transported to a permitted facility for treatment, storage, or disposal. No wastes shall be allowed to remain at the facility for a period longer than thirty (30) days after closure has commenced.
(d) Equipment decontamination: All solid waste management units and equipment shall be properly cleaned, decontaminated, dismantled and removed from the facility.
(e) Access restrictions: Perimeter fences, gates and any other access restrictions shall be maintained until the facility has been satisfactorily closed, as determined by the Administrator. The application shall state the length of time that the closed facility will maintain access restrictions to prevent entry by the public and large animals.
(f) Surface water structures: Surface water structures shall be maintained until the facility has been satisfactorily closed, as determined by the Administrator.
(g) Monitoring systems: Environmental monitoring systems, if required, shall be maintained until the facility has been satisfactorily closed, as determined by the Administrator, at which time they shall be properly abandoned. Applications shall include a description of the method and schedule by which the environmental monitoring systems will be abandoned.
(h) Post-closure use: Each facility shall be returned to the use specified in the permit, unless an alternative use is approved by the Administrator.
(i) Other information: The application shall include any other information requested by the administrator to verify that an adequate closure has been accomplished.
(a) General standards: Except for mobile and municipally operated facilities, all facilities shall comply with the financial assurance requirements of Chapter 7.
(b) Third-party costs: The application shall include an estimate of the third-party costs associated with facility closure tasks and an appropriate financial assurance mechanism.
(a) Schedule: On a schedule approved by the Administrator, the operator must:
(i) Implement a remedy approved by the Administrator.
(ii) Continue monitoring to demonstrate the effectiveness of the remedy.
(iii) Take interim measures determined necessary by the Administrator to ensure protection of public health and the environment.
(b) Alternate remedies: If the selected remedy is not meeting the corrective action standards, the owner or operator shall implement other methods or techniques that have been approved by the Administrator that could practicably achieve compliance with the requirements, unless there is no practicable alternative and the owner or operator:
(i) Demonstrates to the satisfaction of the Administrator that the remedy cannot be achieved.
(ii) Implements alternative measures that have been approved by the Administrator to control exposure of humans or the environment to residual contamination, as necessary to protect human health and the environment.
(iii) Implements alternate measures for control of the sources of contamination or for removal or decontamination of equipment, units, devices, or structures that are consistent with the overall objective of the remedy and that are technically practicable.
(c) Remedy completion:
(i) Remedies shall be considered complete when:
(A) The owner or operator complies with groundwater protection standards at all points within the plume of contamination that lie beyond the relevant point of compliance established by the Administrator. Compliance with the groundwater protection standards shall be considered complete when concentrations of constituents have not exceeded the groundwater protection standard(s) for a period of three (3) consecutive years using approved statistical procedures.
(B) All actions required to complete the remedy have been satisfied.
(ii) When the operator believes the remedy is complete, the operator must:
(A) Notify the Administrator in writing, with supporting documentation, and place a copy of the notice in the facility operating record certifying that the remedy has been completed.
(B) Petition the Administrator to be released from the financial assurance requirements for corrective action under Chapter 7 of these rules and regulations.
(C) When, upon completion of the certification, the Administrator determines that the corrective action remedy has been completed, the owner or operator shall be released from the requirements of financial assurance for corrective action.
(a) Special waste standards: The application shall include information describing compliance with standards for the transfer, treatment, and storage of any special waste as provided in Chapter 8.
(a) Commercial solid waste facility standards: The permit application shall demonstrate compliance with the requirements of Chapter 10 and W.S. § 35-11-514.
(a) Additional information: The Administrator may require additional information needed to demonstrate compliance with these rules and regulations.
(a) Supporting materials: At a minimum, appendices shall include the information in this section.
(b) Map or aerial photograph: For fixed facilities, an original USGS topographic map or aerial photograph of the area shall be submitted showing land ownership, land use and zoning within one-half mile of the facility, unless there is an incinerator at the waste management site, in which case the map or aerial photograph shall show land ownership, land use and zoning within one mile of the facility. The map or photograph shall be of sufficient scale to show all city boundaries, occupied dwellings, schools, hospitals, industrial buildings, water wells, water courses, roads and other applicable details and shall indicate the general topography.
(c) General facility plot plan: For fixed facilities, a general facility plot plan at a scale approved by the Administrator shall be submitted. If all waste management activities occur within a single building, a scaled floor plan can be used in lieu of a general facility plot plan. The general facility plot plan shall illustrate the following features:
(i) Facility boundaries, including any buffer zones and fire lanes proposed between the solid waste permit boundary and the property boundary.
(ii) Points of access.
(iii) Working area/perimeter fence location.
(iv) Location of all solid waste management units and equipment.
(v) Locations of any buildings to house equipment or for other uses.
(vi) The location of any surface water structures. (vii) The location of environmental monitoring devices. (viii) Any other facility features requested by the administrator.
(d) Cross sections and drawing details: Cross sections and drawing details may be requested with sufficient specifications to describe:
(i) The movement of wastes through the waste management facility, including the points where process wastes are generated. (ii) Site access roads. (iii) Solid waste management units and equipment. (iv) Secondary containment structures and leak detection systems. (v) Surface water structures. (vi) Environmental monitoring systems. (vii) Any other design and construction details requested by the administrator.
(e) Logs, forms, and reports: Blank copies of any logs, forms, and reports used by the facility to comply with recordkeeping requirements, including a description of where these records will be located.