Environmental Quality, Dept. of

Solid Waste Management

Chapter 6: Transfer, Treatment and Storage Facility Regs

Effective Date: 11/28/1990 to 05/25/1995

Rule Type: Superceded Rules & Regulations

Reference Number: 020.0009.6.11281990

Date Filed 11/28/90

Expr Date

Supr Date

Repeal Date

Document Type RULES

CHAPTER VI

TRANSFER, TREATMENT, AND STORAGE FACILITY REGULATIONS

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 facilities for the transfer, treatment, or storage of nonhazardous solid wastes, waste oil, and lead-acid batteries.

(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 treatment, transfer, and storage facilities.

(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. General Permit Rules.

(a) For existing facilities: Existing transfer, treatment or storage facilities are those facilities that have received wastes before the effective date of this chapter. The operator of any existing transfer, treatment or storage facility shall either:

(i) Submit a renewal application as described under Section 2(c), after the effective date of these regulations,

as specified by the department, but no later than June 30,

1991; or

Chapter VI

Draft: March 4, 1993 (ii) Cease receipt of wastes within six months following the effective date of these regulations and close in conformance with the closure standards in Section 3(e) of this chapter.

(b) For new facilities: Prior to construction, the operator of any new transfer, treatment or storage facility shall submit an application in accordance with the permit application procedures specified in Chapter I, Section 2(b) and 2(c), and shall obtain a permit.

(c) Renewal application requirement: Renewal applications shall be submitted as required in Chapter I, Section 2(e)(ii), and shall contain the following information:

(i) A copy of the previous approved 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 previous approved permit, the narrative should describe the minor changes and approved major amendments. The applicant shall have the option to 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 for the upcoming permit renewal period. Any requests for approval of amendments which describe major changes in facility operation should be included;

(iii) If necessary, detailed construction and operation specifications for the upcoming permit period; and

(iv) A description of steps taken to mitigate or correct practices that have resulted in past operational deficiencies.

(d) Permit terms:

(i) All permits issued under this chapter will be issued for a four year term.

(ii) Renewal permits for treatment, storage, and transfer facilities will be issued for four year terms.

Section 3. Treatment Facility Application Requirements and Standards.

(a) Permit application requirements:

(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 this chapter 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 treatment 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;

(IV) A brief narrative describing the facility, the type of waste treatment that is planned, including but not limited to chemical, physical, biological, and thermal activities. A descriptive statement of the 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 treatment facility;

(V) A brief narrative confirming that the proposed facility complies with applicable local land use or zoning requirements;

(VI) Information describing surface ownership of the site and all lands adjacent to the facility boundary;

(VII) Demonstration that the facility meets the minimum location standards specified under Section 3(b) of this chapter;

(VIII) An evaluation of the facility's potential to impact surface and groundwater quality, based on the facility design and the site hydrogeologic setting may be requested. This section shall include a description of the measures taken to prevent or control ground or surface water pollution;

(IX) Any information known to the applicant that would limit the site's suitability as a treatment facility:

(X) A detailed description of the facility operating procedures, site design and construction methods. The description shall include the following information:

(1.) The service area (source of wastes) and the type and quantity of waste (on a daily, weekly or monthly basis) that will be treated at the facility. An indication shall also be provided of the maximum amount of waste to be stored at any one time awaiting treatment. Waste analysis data may be required depending on the ability of the treated waste to impact the surface or groundwater at the site;

(2.) An estimate of site capacity and site life, including the calculations on which these estimates are based;

(3.) If applicable, a detailed description of the facility liners, berms, or other containment devices that will be used, along with the methods of construction and associated construction quality control program;

(4.) A description of the fire and other emergency protection measures;

(5.) A description of the signs that will be posted to identify the facility;

(6.) Any other information necessary to demonstrate compliance with the design, construction and operating standards specified in Section 3(c) and Section 3(d) of this chapter.

(XI) If applicable, a description of the litter control program, including the frequency of waste collection to prevent the site from becoming unsightly;

(XII) Type and amount of equipment to be provided at the site used in the treatment of the wastes and the specific purpose for each piece of equipment. This information shall also include a description of the capacity of the equipment in terms of how much waste can be treated per hour, day, month or year. The source and procedure used to obtain backup equipment shall be provided;

(XIII) A description of how different waste types will be managed and how separate areas will be operated;

(XIV) A detailed description of the environmental monitoring program if applicable, 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;

(XV) A descriptive statement of the closure/post-closure stage of the treatment facility development, including the following information:

closure to the public;

environmental monitoring systems will be maintained, including the time period over which this will occur;

will maintain access restrictions to prevent entry by the public and large animals;

the department to verify that an adequate closure has been accomplished.

control vectors and potential odors, dust, and noise that could occur as a result of the proposed treatment or storage of wastes;

generated from cleaning facility equipment, if applicable;

location for the wastes should unanticipated closure or extended mechanical breakdown of the facility occur;

waste treatment process;

screening measures used to prevent

treatment of unauthorized wastes. The waste screening measures shall include if necessary, specific waste testing procedures to verify that only authorized wastes are being accepted at the facility.

(B) A map or aerial photograph of the area shall be submitted showing land ownership and 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, occupied dwellings, schools, hospitals, industrial buildings, water wells, water courses, roads and other applicable details and shall indicate the general topography.

(C) A general facility plot plan at a scale not greater than 200 feet to the inch with five foot contour intervals, shall be submitted unless all treatment and storage of materials is enclosed within a single building. The general facility plot plan shall illustrate the following features:

(1.) A commitment to publish notice of

(2.) If applicable, the method by which

(3.) The length of time that the closed facility

(4.) Any other information requested by

(XVI) A description of the measures that will be taken at the site to

(XVII) A description of the onsite traffic control plan;

(XVIII) A description of the methods used for disposal of wastewaters

(XIX) The storage procedures for treated and untreated wastes;

(XX) A contingency plan describing the disposal, treatment or storage

(XXI) A description of the disposal of any wastes generated from the

(XXII) A description of the facility access controls and the waste

B) A map or aerial photograph of the area shall be submitted showing land ownership and 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, occupied dwellings, schools, hospitals, industrial buildings, water wells, water courses, roads and other applicable details and shall indicate the general topography.

(C) A general facility plot plan at a scale not greater than 200 feet to the inch with

(I) Facility boundaries, including any buffer zones and/or fire lanes proposed between the solid waste boundary and the property boundary;

(II) Points of access;

(III) If applicable, location of environmental monitoring devices;

(IV) Locations of any facility buildings to house equipment or for other

uses;

(V) Working area/perimeter fence location.

(D) Cross sections and/or drawing details may be requested with sufficient specifications to describe:

(I) All working areas of the site;

(II) Site access roads;

(III) Waste management areas;

(IV) Systems for environmental monitoring if required;

(V) Surface water diversion systems;

(VI) Any other design details requested by the department.

(E) The information to verify compliance with Chapter VII, Financial Assurance Requirements.

(F) If applicable, the information describing compliance with standards for the treatment of any special waste as provided in Chapter VIII, Special Waste Management Standards.

(b) Location standards: New treatment facilities and lateral expansions of existing facilities shall not be located in violation of the standards described in this section.

(i) 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.

(ii) Facilities shall not be located in an area where the department, after investigation by the applicant, finds there is a reasonable probability the solid waste treatment facility will have a detrimental effect on surface water or groundwater quality.

(iii) Facilities shall not be located within the boundaries of a 100-year floodplain.

(iv) Facilities shall not be located in an area where there is a potential, as determined by the department, for the facility to present a dust or odor problems, or public nuisance, unless the facility operating plans required by Section 3(a)(iii)(A)(X) of this chapter specifically address appropriate control of the potential problems.

(v) The following standards apply only to outdoor facilities where the waste treatment activities are not being conducted inside an enclosed building.

(A) Facilities shall not be located within 1,000 feet of any occupied dwelling house, school or hospital.

(B) Distance to roads and parks:

(I) Facilities 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.

(C) Distance to 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.

(D) 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.

(E) 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.

(F) 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.

(G) 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.

(H) Facilities shall not be located in wetlands as defined in Chapter I, Section 1(e).

(vi) The following standards apply to incinerators used for management of wastes generated by persons other than the owner of the incinerator:

(A) 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 300 feet of any building unless provisions have been made for protection from methane gas accumulation.

(B) 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.

(C) 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.

(D) 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.

(E) 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.

(F) 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.

(G) 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.

(vii) Any facility used for the treatment of a special waste regulated under Chapter VIII, Special Waste Management Standards, shall also comply with location standards established under Chapter VIII for the applicable treatment practice.

(c) Design and construction standards. Each new facility shall be designed and constructed in compliance with the standards listed in this section.

(i) The working area of all facilities shall be fenced in such a manner as to discourage unauthorized people and livestock from entering the facility and to contain all litter within the facility. Additional fencing may be required to restrict access to other areas that may present public health and safety hazards;

(ii) Depending on the particular hazards posed by the waste type or treatment method, the department may require that all access roads be equipped with a gate which can be locked when the facility is unattended;

(iii) 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:

(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 if the facility is open to the public;

(D) Depending on the particular waste type, additional information describing the particular hazards of the waste may also be required;

(iv) Facility access roads shall be constructed to enable use under inclement weather conditions;

(v) For those facilities where any waste treatment occurs outdoors, the facility may be required to have a fire lane constructed around the active portions of the treatment areas and/or within the site perimeter fence. The width of the fire lane shall be a minimum of ten feet but the fire lane shall be wider depending on the specific waste type and the ability of fire fighting equipment to properly operate within the facility.

(vi) For outdoor facilities, surface water diversion structures shall be required and sized as follows:

(A) For temporary structures anticipated to be used for periods less than 5 years, structures shall accommodate a 25-year, 24-hour event;

(B) For permanent structures, or for temporary structures anticipated to be used for five years or longer, structures shall accommodate a 100-year, 24-hour event.

(vii) Buffer zones shall be maintained within the perimeter of each facility. The minimum size of the buffer zone shall be ten feet but may be larger depending on the hazards posed by the particular waste type;

(viii) Facilities for the treatment of a special waste shall comply with the applicable design and construction standards of Chapter VIII for the treatment of such special waste.

(d) Operating standards: All new and existing facilities shall be operated in accordance with the standards described in this section.

(i) Depending on the particular waste type, litter control measures may be required that include provisions for litter pickup, and any other additional controls necessary to contain litter within the facility and to prevent the facility from becoming unsightly;

(ii) All facilities shall have access to equipment that is adequate to properly treat the solid waste. The site operator shall demonstrate that adequate standby equipment is available to always insure compliance with these rules and regulations and to prevent the accumulation at the site of wastes in such quantities that violate the requirements of the facility permit;

(iii) Access shall be prohibited at any time other than the facility's posted operating hours, if the facility is open to the public.

(iv) Facilities shall be operated so that standing or running water does not come into contact with wastes. Facilities may be required to take special measures to prevent water from coming into contact with the wastes;

(v) Depending on the particular waste type or treatment method, additional fire protection measures may be required.

These fire protection measures shall include but not be limited to portable fire extinguishers, communications systems to alert the local fire department, and sufficient water and cover soils nearby and available to extinguish a fire should one occur at the facility;

(vi) Hazardous wastes shall not be treated unless specific authorization is granted in writing by the department;

(vii) Scavenging shall be prohibited at all sites;

(viii) The operator shall have a copy of the operating plan available at the facility when personnel are onsite. 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 disposal facility or other treatment/storage company used by the facility;

(ix) Onsite populations of disease vectors shall be prevented or controlled using techniques appropriate for the protection of human health and the environment;

(x) Adequate measures shall be taken to minimize dust and odors;

(xi) Wastes shall not be allowed to be placed in contact with groundwater;

(xii) Signs shall be posted to direct traffic to the proper waste management area if the facility is open to the public;

(xiii) Facilities shall be operated so that they are not in violation of the Water Quality Standards;

(xiv) Facilities shall be operated so that they are not in violation of the Air Quality Standards;

(xv) Each operator shall keep operating records at the facility. Each operator shall have the following records

available at the facility when facility personnel are onsite as specified by Chapter I, Section 1(g):

(A) Log of litter collection activities, including dates and areas of litter collection and names of responsible personnel, if applicable;

(B) Types, volume, and source of special wastes; (C) Monitoring data if required;

(D) Records of waste sold or otherwise salvaged; (E) Record of any problems causing operations to cease, including but not limited to fire or equipment failure;

(F) Copy of the department permit letter;

(xvi) If environmental monitoring is required by the department, the operator shall comply with Chapter II, Section 6;

(xvii) In the event of extended mechanical breakdown, the untreated solid waste and incoming waste shall be removed from the site to an approved alternate facility before the waste creates a public nuisance, health hazard, fire hazard, odors or vector habitat;

(xviii) No solid wastes shall be speculatively accumulated at a facility intended for use as a treatment facility without a permit;

(xix) Facilities for the treatment of a special waste shall be operated in compliance with the applicable operating standards of Chapter VIII, Special Waste Management Standards for the treatment of such special waste;

(xx) No scrap tire treatment facility may receive scrap tires at a rate which exceeds the permitted capability of the facility to dispose or process scrap tires; and

(xxi) Each operator shall assure that the facility is operated by personnel who meet the requirements of this subsection.

(A) The operator shall maintain records which document the training and examination of facility personnel. These records shall be available for inspection by the department.

(B) Each solid waste manager shall:

(I) 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 examination shall be conducted:

(1.) For any new solid waste manager, no later than six months following assumption of responsibility for operating a facility, or six months following the date the facility is permitted under this chapter.

(II) 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 contained in the plan, and require the operator to submit a revised training program within thirty (30) days for approval by the department.

(III) 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.

(C) Each facility subject to the permit 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 solid waste manager who meets the requirements of the approved plan, within six months of such termination.

(e) Closure standards. All facilities shall be closed in accordance with the standards described in this section, as well as the requirements of Chapter I, Section 2(g).

(i) All sites shall be returned to the use specified in the permit, following closure of the facility;

(ii) If the facility is open to the 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;

(iii) The operator shall not remove the facility's perimeter fence, gates and any other restrictions until the site has been satisfactorily closed, as determined by the department;

(iv) Closure activities as specified in the approved facility permit application, shall commence at a time no later than nine months following the time the facility ceases to receive solid wastes. Closure shall be promptly completed within twelve months following commencement of such closure activities unless the department approves an extended closure period for good cause;

(v) If required, surface water diversion structures at any site shall be maintained in operating condition throughout the closure period;

(vi) If required, the operator shall maintain all environmental monitoring systems for the length of the closure period;

(vii) Upon closure of the facility, all remaining treated and/or stored wastes at the facility shall be transported for treatment, storage, or disposal to a permitted facility. No wastes shall be allowed to remain at the facility for a period longer than thirty (30) days after closure has commenced;

(viii) Upon closure of the facility, all waste treatment equipment and facilities shall be properly cleaned, decontaminated, dismantled and removed from the site.

(f) Financial assurance: The facility operator shall provide a demonstration that the facility has complied with the financial assurance requirements as specified in Chapter VII of these rules and regulations, prior to obtaining a permit under this chapter.

Section 4. Storage and Transfer Facility Application Requirements and Standards.

(a) Permit application requirements:

(i) All permit application forms shall be filled out and submitted as described under Section 3(a)(i) and (ii) of this chapter.

(ii) 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 this chapter 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 transfer or storage 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 narrative describing the facility, the type of waste transfer or storage activities that are planned, a descriptive statement of the processes to be used, and the type, amount, and source of incoming waste. The narrative shall also describe the area served by the transfer or storage facility;

(V) A brief narrative confirming that the proposed facility complies with applicable local land use or zoning requirements;

(VI) Demonstration that the facility meets the minimum location standards specified under Section 3(b);

(VII) An evaluation of the facility's potential to impact surface and groundwater quality, based on the facility design and the site hydrogeologic setting may be required. This section shall include a description of the measures taken to prevent or control ground or surface water pollution;

(VIII) Any information known to the applicant that would limit the site's suitability as a transfer or storage facility;

(IX) More detailed information describing the site's geohydrology may be required if the waste transfer or storage occurs outside an enclosed building;

(X) A detailed description of the facility operating procedures, site design and construction methods. The description shall include the following information:

(1.) The service area and the type and quantity of waste received on a daily, weekly, or monthly basis by the facility. The maximum amount of waste to be stored at any one time shall be specified. Waste analysis data may be required depending on: the ability of the waste to impact the surface or groundwater at the site, the design of the facility, or operation practices;

(2.) An estimate of site capacity and site life, including the calculations on which these estimates are based;

(3.) A description of the fire protection and other emergency measures;

(XI) A description of the litter control program may be required if loose waste is stored at the facility, including the frequency of waste collection to prevent the site from becoming unsightly;

(XII) A description of how different waste types will be managed and how separate areas will be operated;

(XIII) A detailed description of the environmental monitoring program may be required;

(XIV) A descriptive statement of the closure stage of the facility development, including the following information:

(1.) A description of the land use anticipated for post-closure;

(2.) A commitment to publish notice of closure to the public if the facility is open to the public;

(3.) The method by which environmental monitoring systems will be maintained, including the time period over which this will occur if necessary;

access restrictions to prevent entry by the public and large animals;

to be necessary to verify that an adequate closure has been accomplished.

(XV) A description of the measures that will be taken at the site to control vectors and potential odors, dust, and noise that could occur as a result of the storage of wastes;

(XVI) A description of the onsite traffic control plan if the facility is open to the public;

(XVII) A contingency plan describing the disposal, treatment or storage location for the wastes should unanticipated closure of the facility occur.

(B) The permit application shall contain a USGS topographic map or aerial photograph showing the facility location of sufficient scale to adequately describe the area for outdoor waste transfer or storage facilities.

(C) The information to verify compliance with Chapter VII, Financial Assurance Requirements, of these rules and regulations.

(D) If applicable, information to verify compliance with the storage and transfer requirements for special wastes described in Chapter VIII.

(b) Location standards: New storage facilities and lateral expansions of existing storage facilities shall not be located in violation of the standards described under Section 3(b) of this chapter.

(c) Design and construction standards: Each new facility shall be designed and constructed in compliance with the standards listed under Section 3(c) of this chapter.

(d) Operating standards: All new and existing facilities shall be operated in accordance with the standards described under Section 3(d) of this chapter. For scrap tire storage facilities, the following standards apply in addition to those standards listed under Section 3(d) of this chapter:

(i) All scrap tires shall be stored within a structure or outside beneath a cover sufficiently enclosed to prevent exposure to the weather;

(ii) No scrap tires shall be stockpiled for more than 60 days without processing or disposal;

(iii) Scrap tires stored indoors shall be stored under conditions that meet or exceed those in the current edition of The Standard for Storage of Rubber Tires, National Fire Protection Association (NFPA) 231D, written by the NFPA Committee on Standards for Rubber Tires, published by the NFPA Standards Council:

(iv) No operations involving the use of open flames, blow torches, or highly flammable substances may be conducted within 50 feet of a scrap tire pile;

(v) Outdoor scrap tire piles shall not exceed 20 feet in height and have a base surface area no greater than 10,000 square feet (with the width no greater than 50 feet);

(vi) Outdoor scrap tire piles shall have a minimum separation distance of 50 feet between piles and 500 feet to property boundaries;

(vii) No scrap tire storage or transfer facility may receive scrap tires for storage at a rate which exceeds the permitted capability of the facility to dispose or treat scrap tires.

(e) Closure standards: All facilities shall be closed according to the standards described under section 3(e) of this chapter.

(f) Financial assurance: The facility operator shall provide a demonstration that the facility has complied with the financial assurance requirements as specified in Chapter VII of these rules and regulations, prior to obtaining a permit under this chapter.