(a) Permit denials: The Director may deny a permit if: - (i) Permit issuance would conflict with the policy and purpose of the act; or
- (ii) The applicant fails to submit the required information; or
- (iii) The facility history indicates continual noncompliance with these rules and regulations; or
- (iv) The application indicates that the facility would not comply with the location, design and construction, operating, monitoring, closure or post- closure standards as specified in the applicable sections of these regulations; or
- (v) The application misrepresents actual site conditions; or
- (vi) The applicant fails to employ a solid waste manager who meets the qualifications of the applicable chapter of these rules and regulations; or
- (vii) The applicant, or any partners, executive officers, or corporate directors, has been found civilly or criminally liable for violations of environmental quality or criminal racketeering laws or regulations which in the judgment of the Director constitutes evidence that the applicant cannot be relied upon to conduct the operations described in the application in compliance with the act and these rules and regulations.
(b) Permit revocation: - (i) The Director may revoke a permit in instances of continual noncompliance, or if it is determined that the permit application misrepresented actual site conditions, or if the continued operation is inconsistent with the policy and purpose of the act.
- (ii) The Director shall notify the operator of his or her intent to revoke the permit. The written notification shall contain the basis for revoking the permit. All permit revocation procedures shall be accomplished in accordance with the requirements of the Wyoming Administrative Procedures Act.
- (iii) The Director may order facility closure following permit revocation. Closure and post-closure activities shall be accomplished in accordance with a plan approved by the Administrator. If a closure/post-closure plan has not been approved, closure and post-closure activities shall be accomplished in accordance with the standards specified in the applicable chapter of these rules and regulations.
(c) Permit modification: The Director may modify an existing permit by notifying the facility operator in writing. The written notification shall contain the basis for modifying the permit.
(d) Permit termination: - (i) Operating, renewal, and closure permit termination:
- (A) Upon completion of closure activities, the operator shall provide a certification, with supporting documentation, from a Wyoming registered professional engineer confirming that the provisions of the closure plan have been carried out and that the facility has been closed in compliance with the closure standards specified in these rules and regulations. The operator shall be notified in writing whether the closure certification is deficient or a written termination of the operating permit shall be issued. Operating permits shall not terminate until written authorization has been provided by the Administrator.
- (ii) Closure permit termination:
- (A) Following the initial minimum post-closure period specified in the applicable chapter of these rules and regulations, the owner or operator may submit a petition to the Administrator requesting termination of the facility's closure permit and post-closure period. Petitions shall include supporting documentation and certification from a Wyoming registered engineer that post-closure care has been completed in compliance with the post-closure plan and in a manner protective of human health and the environment. The operator shall be notified in writing whether the post-closure certification is deficient or a written termination of the closure permit shall be issued. Closure permits shall not terminate until written authorization has been provided by the Administrator.
- (iii) Return of financial assurance: Following permit termination, financial assurance shall be released as prescribed in Chapter 7 of these rules and regulations.