(a) Application requirements: Each application for a solid waste management facility permit described in this section shall contain information adequate to demonstrate compliance with the minimum standards for location, design and construction, operating, monitoring, closure and post-closure as specified in the applicable chapter of these rules and regulations. Permit application procedures are set out in W.S. 35-11-502, except general permit procedures for closure of municipal solid waste landfills with less than thirty (30) acres of municipal solid waste disposal area, which are set forth in Section 2(k) of this chapter.
(b) Public notice and comment: Prior to the issuance of a permit by the Director, each application for a new, renewal, or closure permit shall be submitted for public notice and comment as follows: - (i) Upon receipt of notification that the application has been determined to be complete, the applicant shall comply with the following requirements:
- (A) Within fifteen (15) days of being notified that the application is complete:
- (I) Provide written notice to landowners with property located within a half mile of the site, using certified, return receipt requested mail for disposal facilities and first class mail for other solid waste management facilities;
- (II) Provide written notice to each member of the interested parties mailing list maintained by the Administrator, the mayor of each city or town within fifty miles of the proposed facility and to the county commission and any solid waste district for the county in which the potential facility is located, using first class mail;
- (III) Cause a written notice to be published once a week for two (2) consecutive weeks in a newspaper of general circulation within the county where the applicant plans to locate the facility;
- (IV) Specific text for the written notice shall be provided to the applicant by the Administrator. The notice shall contain information about the permit application including the identity of the applicant, the proposed facility location and size, the wastes types intended for management, the method of waste management, and the operating life. The notice shall identify the last date for filing comments on the application;
- (B) Provide the Administrator with documentation that the notice requirements of subsection (b)(i)(A) of this section have been followed. Documentation shall consist of copies of return receipt cards, publisher's affidavits and other documentation, as appropriate; and
- (C) The public comment period shall begin on the first date of publication and shall end at 5:00 pm on the thirtieth (30th) day following the last date of publication.
- (D) The Administrator may, at his or her discretion, conduct a public hearing on the application submission.
- (ii) For each new, renewal, or closure permit application or any application for a major change, the Administrator shall issue a proposed permit following completion of the Administrator's permit analysis, unless the permit is denied pursuant to Section 4 of this chapter. Upon receipt of a proposed permit, the applicant shall comply with the following requirements:
- (A) Within fifteen (15) days of receiving a proposed permit:
- (I) Provide written notice to landowners with property located within a half mile of the site, the mayor of each city or town within fifty (50) miles of the proposed facility, the local county commission and any solid waste district for the county in which the potential facility is located, using certified, return receipt requested mail for disposal facilities and first class mail for other solid waste management facilities;
- (II) Provide written notice to each member of the interested parties mailing list maintained by the Administrator using first class mail;
- (III) Cause a written notice to be published once a week for two (2) consecutive weeks in a newspaper of general circulation within the county where the applicant plans to locate the facility;
- (IV) Specific text for the written notice shall be provided to the applicant by the Administrator. The notice shall contain information about the permit application including the identity of the applicant, the proposed facility location and size, the wastes types intended for management, the method of waste management, the operating life, and the Administrator's findings. The notice shall identify the period for filing objections to the application;
- (V) Deliver, in person or via certified, return receipt requested mail, a copy of the permit application, the Administrator's review and the Administrator's proposed permit to a local public library and the county clerk of the county of the proposed facility. The permit application and proposed permit shall be maintained for public viewing at a local public library and at the county clerk's office for the duration of the public comment period specified in Section 2(b)(ii)(C) of this chapter; and
- (B) Provide the Administrator with documentation that the notice and filing requirements of subsection (b)(ii)(A) of this section have been followed. Documentation shall consist of copies of return receipt cards, and publisher's affidavits or affidavits of personal delivery as appropriate.
- (C) The public comment period shall begin on the first date of publication and shall end at 5:00 pm on the thirtieth (30th) day following the last date of publication.
- (D) If substantial written objections are received by the Director by 5:00 pm on the last day of the public comment period, a public hearing will be held within twenty (20) days after the last day of the public comment period, unless a different schedule is deemed necessary by the Environmental Quality Council (Council). The Council or Director shall publish notice of the time, date and location of the hearing in a newspaper of general circulation in the county where the applicant plans to locate the facility, once a week for two (2) consecutive weeks immediately prior to the hearing. The hearing shall be conducted as a contested case in accordance with the Wyoming Administrative Procedures Act, and right of judicial review shall be afforded as provided in that Act.
(c) Permit application procedure: - (i) The applicant shall provide the Administrator with three (3) complete paper copies and one (1) complete electronic copy of the permit application unless an alternative is approved by the Administrator. The application shall be organized in three-ring binders, and the information presented in an order that conforms to the order set forth in the applicable sections of these rules and regulations, unless the Administrator approves an alternate format for the organization of the application.
- (ii) The Administrator shall conduct a completeness review of each application and notify the applicant of the results within sixty (60) days of receipt of the application. If the Administrator deems the application incomplete, he or she shall so advise and state in writing to the applicant the information required. All items not specified as incomplete at the end of the first sixty (60) day period shall be deemed complete for the purposes of this subsection.
- (iii) If the applicant resubmits an application or further information, the Administrator shall review the application or additional information within sixty (60) days of each submission and advise the applicant in writing if the application or additional information is complete.
- (iv) After the application is determined complete, the applicant shall give written notice of the application as required in Section 2(b)(i) of this chapter.
- (v) The Administrator shall review the application and unless the applicant requests a delay, advise the applicant in writing within ninety (90) days from the date of determining that the application is complete, that a proposed permit is suitable for publication under Section 2(b)(ii), or that the application is deficient, or that the application is denied. All reasons for deficiency or denial shall be stated in writing to the applicant. All items not specified as being deficient at the end of the first ninety (90) day period shall be deemed sufficient for the purposes of this subsection.
- (vi) If the applicant submits additional information in response to any deficiency notice, the Administrator shall review such additional information within thirty (30) days of submission and advise the applicant in writing if a proposed permit is suitable for publication under Section 2(b)(ii), or that the application is still deficient, or that the application is denied.
(d) Permit issuance: - (i) If the application is determined to be complete and demonstrates compliance with the applicable standards, the Administrator shall prepare a proposed permit. Public notice as specified in Section 2(b)(i) and 2(b)(ii), will occur. No permit, authorization or exemption shall be issued unless the owner of the facility provides written authorization for the Department's authorized representative, upon the presentation of credentials and other documents as may be required by law, to access and enter upon the operator's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of a permit, authorization or exemption; have access to and copy, at reasonable times, any records that must be kept under the conditions of any permit, authorization or exemption; inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the Act; and collect resource data, sample or monitor at reasonable times, for the purposes of ensuring compliance or as otherwise authorized by the appropriate rules and regulations of the Department, any substances or parameters at any location.
- (ii) The Director shall render a decision on the proposed permit within thirty (30) days after completion of the notice period if no hearing is requested. If a hearing is held, the Council shall issue findings of fact and a decision on the proposed permit within thirty (30) days after the final hearing. The Director shall issue or deny the permit no later than fifteen (15) days from receipt of any findings of fact and decision of the Council. In granting permits, the Director may impose such conditions as may be necessary to accomplish the purpose of the act and which are not inconsistent with the existing rules, regulations, and standards.
(e) Permit renewal applications: - (i) In addition to the following requirements, permit renewal applications are subject to the application procedures set forth in subsection (b), (c), and (d) of this section.
- (ii) The operator subject to solid waste management facility permit requirements shall provide the Administrator with a renewal application. The renewal permit application shall contain the information specified in the relevant chapter(s) of these rules and regulations and be submitted in accordance with the time frames specified.
- (iii) Except for municipal solid waste landfills with lifetime permits, the operator of a facility with a valid permit issued under Section 2(d) of this chapter or a valid renewal permit issued under Section 2(f) of this chapter, shall submit a permit renewal application no less than 12 months prior to the expiration of said permit unless a closure permit application has been submitted. Municipal solid waste landfills with lifetime permits shall submit a renewal application no later than three (3) years prior to the expiration of the lifetime municipal solid waste landfill permit. The renewal application shall contain the information specified in the applicable chapter of these rules and regulations.
- (iv) Three (3) complete paper copies and one (1) complete electronic copy of the permit renewal application shall be submitted unless an alternative is approved by the Administrator. The application shall be organized in three ring binders, and the information presented in an order that conforms to the order set forth in the applicable application requirements sections of these rules and regulations, unless the Administrator approves an alternate format for the organization of the application. 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 and drawings are appropriately numbered and dated to facilitate incorporation into the previous permit document and the revisions are clearly identified.
(f) Renewal permit issuance: - (i) Renewal permits are issued pursuant to subsection (d) of this section.
- (ii) The term of the renewal permit shall be as specified in the applicable chapter of these rules and regulations.
(g) Closure permit applications: - (i) In addition to the following requirements, closure permit applications are subject to the application procedures set forth in subsection (b), (c), and (d) of this section.
- (ii) The operator shall provide the Administrator with a closure permit application if required by the applicable chapter of these rules and regulations in accordance with the time frames specified therein.
- (iii) Anticipated closure: The operator of a facility with a valid permit shall submit a closure permit application to the Administrator no less than twelve (12) months prior to the anticipated facility closure.
- (iv) Unanticipated closure:
In the event any solid waste management facility ceases operation, as determined by nonreceipt of solid wastes for any continuous nine (9) month period or any continuous one (1) year period for landfarm facilities or petroleum-contaminated soils land treatment facilities, the facility operator shall provide written notification to the Administrator no later than thirty (30) days after the end of such nine (9) month (or one (1) year) period. This notification shall be accompanied by a closure permit application unless the Administrator approves interim measures with delayed final closure for good cause upon application by the operator.
- (v) Three (3) complete paper copies and one (1) complete electronic copy of the closure permit application shall be submitted unless an alternative is approved by the Administrator. The application shall be organized in three ring binders, and the information presented in an order that conforms to the order set forth in the applicable application requirements sections of these rules and regulations, unless the Administrator approves an alternate format for the organization of the application.
(h) Closure permit issuance: - (ii) The term of any closure permit shall be set to coincide with the duration of any closure/post- closure maintenance and monitoring period specified in the applicable chapter of these rules and regulations. No renewals of closure permits shall be required.
(i) Variance application procedure for location standards specified in W.S. 35-11-502(c): - (i) For solid waste disposal facilities which do not meet the location standards specified in paragraphs (i) through (iv) of W.S. 35-11-502(c), the applicant may apply to the Director for a variance from the standards by submitting a written variance application. The variance application shall contain the following information:
- (A) For proposed facilities which do not meet the location standards for proximity to towns, schools or any occupied dwelling house in W.S. 35-11-502(c)(i) or (ii), the applicant shall:
- (I) Present an analysis of additional traffic which would result from the proposed facility, and demonstrate that additional traffic caused by operation of a disposal facility will not pose a safety threat to the public;
- (II) Demonstrate that the operation of the proposed facility will not present odor, dust, litter, insect, noise, health (human and animal) or aesthetic problems, and will not present a public nuisance by its proximity to the town, schools and/or dwellings. This demonstration may be made through analysis of the facility design and operation practices; and
- (III) Provide design features and monitoring specifications used to preclude methane migration from affecting any buildings within one (1) mile of the proposed facility, if the facility is used for the disposal of wastes which may form methane as a decomposition product.
- (B) For proposed facilities which do not meet the location standard for proximity to, and visual screening from, state or federal highways in W.S. 35-11-502(c) (iii), the applicant shall provide information describing how the design and operation of the facility will minimize visual impacts to the highway(s).
- (C) For proposed facilities, excluding incinerators, which do not meet the location standard for proximity to water wells in W.S. 35-11-502(c)(iv), the applicant shall provide:
- (I) A detailed description of the site's geologic and hydrologic characteristics, supported by data from on-site soil borings and groundwater monitoring wells;
- (II) A detailed description of the proposed facility's containment system (cap and liner systems) and surface water diversion structures;
- (III) A detailed description of the groundwater monitoring program (including location of wells, sampling frequency and sampling parameters) which would be instituted when the facility begins operations; and
- (IV) An analysis of the potential for contaminants which may leak from the disposal facility to adversely affect the nearby water well(s). This analysis may be in the form of contaminant transport modeling results, an evaluation of hydrologic conditions or aquifer properties, or other applicable information.
- (D) In addition to the other information requested in this subsection, all variance applications made under this subsection shall be accompanied by the following information:
- (I) The proposed size of the facility;
- (II) The name, address and telephone number of the applicant;
- (III) The legal description of the property;
- (IV) A detailed description of the facility which includes information on the amount, rate (tons per day), type (including chemical analyses if other than household refuse) and source of incoming wastes, a narrative describing the facility operating procedures, and the estimated site capacity and site life;
- (V) The names and addresses of the property owners of all lands within one (1) mile of the proposed facility boundary;
- (VI) A USGS topographic map (scale of 1:24,000 or 1: 62,500) which shows the boundaries of the proposed landfill site; and
- (VII) Information sufficient to evaluate the conditions specified in paragraph (i)(ii) of this section.
- (ii) In granting any variance as provided by this paragraph, the Director shall issue written findings that the variance will not injure or threaten to injure the public health, safety, or welfare. The Director shall only make such a finding if the evidence presented in the application and obtained at a public hearing demonstrates that:
- (A) There are no available alternative locations which meet the location standards to meet the disposal needs of the applicant, within a reasonable distance of the boundary of the service area of the facility;
- (B) It is not possible to use existing facilities owned by another person within a reasonable distance of the boundary of the service area of the facility; and
- (C) Special or unique conditions or circumstances apply to the applicant and justify granting the variance.
- (iii) In granting any variance the Director shall condition the variance such that it applies only to the facility described in the application. Changes to the facility size, type or source of waste, rate at which waste is received, or any other aspect of the facility may render the variance invalid as determined by the Director.
- (iv) The Administrator shall review the variance application within ninety (90) days of the receipt of the application. If the application is incomplete and/or technically inadequate, the Administrator shall so advise and state in writing to the applicant the information required. Additional information submitted in response to any deficiency notification shall be reviewed by the Administrator within ninety (90) days.
- (v) If the application is complete and technically adequate the Administrator shall provide draft findings and recommendations to the Director and the applicant. The draft findings shall state whether or not the Administrator has found that the variance will not injure or threaten to injure the public health, safety or welfare and the basis for the draft findings.
- (vi) Unless a delay is requested by the applicant, the Director shall schedule a public hearing on the draft findings within forty-five (45) days. Notice of the hearing shall be published at least thirty (30) days prior to the date of the hearing. Notice shall be published once a week for two (2) consecutive weeks in a paper of general circulation within the county where the facility is located. The notice shall contain the identity of the applicant, summary information on the variance application, the location where the public can view copies of the application and the Administrator's review, the Administrator's draft decision regarding granting or denying the variance application, and the date, time and location of the hearing.
- (vii) A public comment period shall begin on the first date of publication and shall end at the conclusion of the hearing. The Director shall make a final decision regarding the variance within sixty (60) days from the date of the hearing.
(j) Permit application procedures for low hazard or low volume treatment, processing, storage, and transfer facilities: - (i) The applicant shall submit three (3) complete paper copies and one (1) complete electronic copy of the permit application unless an alternative is approved by the Administrator. The application shall be organized in three- ring binders and the information presented in an order that conforms to the order set forth in the applicable sections of these rules and regulations, unless the Administrator approves an alternate format for the organization of the application;
- (ii) The Administrator shall conduct a completeness and technical review of each application submittal within thirty (30) days of receipt of the application. If the Administrator deems the application incomplete and/or technically inadequate, the Administrator shall so advise and state in writing to the applicant the information required;
- (iii) Public notice for low hazard or low volume facilities: For each new low hazard or low volume treatment, processing, storage, and transfer facility permit application or application for a major amendment to an existing facility permit, the Administrator shall issue a proposed permit following completion of the Administrator's permit analysis, unless the permit is denied pursuant to Section 4 of this chapter. Upon receipt of a proposed permit the applicant shall within fifteen (15) days:
- (A) Cause a written notice to be published once a week for two (2) consecutive weeks. If the facility is mobile, notice shall be published in a newspaper of general circulation within the state. If the facility is not mobile, notice shall be published in a newspaper of general circulation within the county where the applicant plans to locate the facility. Specific text of the notice shall be provided to the applicant by the Administrator. The notice shall contain information about the permit application including the identity of the applicant, the proposed facility service area, location, if not mobile, size, the waste types intended for management, the method of waste management, the operating life, and the Administrator's findings. The notice shall identify the period for filing objections to the application;
- (B) If a fixed facility, notify adjacent landowners by first class mail;
- (C) Provide the Administrator documentation that the notice requirements of this subsection have been followed, including copies of the publisher's affidavits and sworn statement;
- (iv) The public comment period shall begin on the first day of publication of the notice and end at 5:00 pm on the thirtieth (30th) day following the last day of publication of the notice;
- (v) If substantial written objections are received by the Director within the public comment period a public hearing will be held within twenty (20) days after the last day of the public comment period, unless a different schedule is deemed necessary by the Council. The Council or Director shall publish notice of the time, date, and location of the hearing in a newspaper of general circulation in the county where the applicant plans to locate the facility, once a week for two (2) consecutive weeks immediately prior to the hearing. The hearing shall be conducted as a contested case in accordance with the Wyoming Administrative Procedures Act, and right of judicial review shall be afforded as provided in that act.
- (vi) Low hazard or low volume permit or renewal permit issuance: If documentation has been received that the public notice requirements of this section have been met and no substantial objections are received, the Director shall issue a permit or renewal permit within thirty (30) days.
- (vii) The operator of a facility with a valid permit or renewal permit issued under Section 2(j) of this chapter, shall submit a permit renewal application no later than 180 days prior to the expiration of said permit unless a closure permit application has been submitted. The renewal application shall contain the information specified in the applicable chapter of these rules and regulations.
- (viii) Three (3) complete paper copies and one (1) complete electronic copy of the permit renewal application shall be submitted unless and alternative is approved by the Administrator. The application shall be organized in three ring binders, and the information presented in an order that conforms to the order set forth in the applicable application requirements sections of these rules and regulations, unless the Administrator approves an alternate format for the organization of the application. 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 and drawings are appropriately numbered and dated to facilitate incorporation into the previous permit document and the revisions are clearly identified.
(k) General Closure Permit for Municipal Solid Waste Landfills - (i) A general closure permit shall apply to the closure and post closure activities for municipal solid waste landfills with less than thirty (30) acres of municipal solid waste disposal area.
- (ii) Notice of intent for coverage under a general permit must be accompanied by three (3) complete paper copies and one (1) complete electronic copy of the form, plans, specifications, design data or other pertinent information concerning the project unless an alternative is approved by the Administrator.
- (A) Notice of intent for coverage under a general permit shall be made on forms provided by the Department which require a signature of agreement by the applicant to abide by all conditions of the permit.
- (B) All activities shall meet the standards of Chapter 2 of these regulations.
- (C) All notice of intent for coverage forms shall be prepared under the supervision of a professional engineer licensed in the State of Wyoming. All notice of intent for coverage forms shall be stamped, signed and dated by a professional engineer. In addition, all portions of the notice of intent for coverage which require geological services or work shall be stamped, signed and dated by a professional geologist licensed in the State of Wyoming.
- (iii) All notices of intent for coverage under a general permit shall be processed as follows:
- (A) The Administrator shall review each notice of intent or resubmittal within sixty (60) days from the date the notice of intent or resubmittal is received.
- (B) The Administrator may request additional information if it is determined that the information is inadequate to satisfy the requirements of these regulations.
- (C) The Department shall issue an Authorization of Coverage within thirty (30) days of finding that the notice of intent or resubmittal is complete.
- (D) No closure or post closure activities shall commence until a written Authorization of Coverage under the general closure permit has been received from the Department.
- (iv) Authorizations of Coverage for municipal solid waste landfills shall be issued through the end of the post-closure period specified in Chapter 2 of these regulations and shall be extended until such time when the Administrator determines, upon petition by the operator accompanied by submission of relevant information, that the facility has been adequately stabilized in a manner protective of human health and the environment. Petitions to terminate the post-closure period shall include certification from a Wyoming licensed professional engineer that post-closure care has been completed in compliance with the approved post-closure plan and in a manner protective of human health and the environment. No renewals of Authorizations of Coverage shall be required.
- (v) The general permit shall be developed pursuant to the permit issuance procedures of W.S. 35-11-502(j), (k) and (m).