(a) New Facilities : New industrial landfills shall not be located in violation of the standards described in this section. - (i) Local zoning ordinances: Facility locations shall not be in conflict with local zoning ordinances or land use plans that have been adopted by a county commission or municipality.
- (ii) Distance to residences and other buildings: Except upon a variance granted by the director in accord with W.S. 35-11-502(c), no facility greater than one (1) acre in size shall be located between 1,000 feet and one (1) mile of a public school except with the written consent of the school district board of trustees, or between 1,000 feet and one (1) mile of an occupied dwelling house except with the written consent of the owner. Additionally, facilities of any size shall not be located within 1,000 feet of any occupied dwelling house, school or hospital, and shall not be located within 300 feet of any building unless provisions have been made for protection from methane gas accumulation.
- (iii) Distance to roads and parks:
- (A) Except upon a variance granted by the director in accord with W.S. W.S. 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 administrator. 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. W.S. 33-19-103 et seq.
- (B) 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.
- (iv) Distance to drinking water sources: Except upon a variance granted by the director in accord with W.S. W.S. 35-11-502(c), no facility greater than one (1) acre in size shall be located between 1,000 feet and one-half (1/2) mile of a water well permitted or certificated for domestic or stock watering purposes except with written consent of the owner of the permit or certificate. Additionally, facilities of any size shall not be located within 1,000 feet of any drinking water source such as a well or surface water intake.
- (v) Distance to other surface waters:
- (A) 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.
- (B) Facilities shall not be located within 300 feet of any industrial process water or storm water management pond.
- (C) Facilities shall not be located within 300 feet of any perennial river or stream.
- (vi) Floodplains: Facilities shall not be located within the boundaries of a 100-year floodplain.
- (vii) Wetlands: Facilities shall not be located in wetlands.
- (viii) Wild and Scenic Rivers Act: Facility locations shall not diminish the scenic, recreational and fish and wildlife values for any section of river designated for protection under the Wild and Scenic Rivers Act, 16 USC 1271 et seq., and implementing regulations.
- (ix) National Historic Preservation Act: Facilities shall not be located in areas where they may pose a threat to an irreplaceable historic or archeological site listed pursuant to the National Historic Preservation Act, 16 USC 470 et seq. and implementing regulations, or to a natural landmark designated by the National Park Service.
- (x) Endangered Species Act: Facilities shall not be located within a critical habitat of an endangered or threatened species listed pursuant to the Endangered Species Act, 16 USC 1531 et seq., and implementing regulations, where the facility may cause destruction or adverse modification of the critical habitat, may jeopardize the continued existence of endangered or threatened species or contribute to the taking of such species.
- (xi) Big game winter range/grouse breeding grounds: Facilities shall not be located within critical winter ranges for big game or breeding grounds for grouse, unless after consultation with the Wyoming Game and Fish Department, the administrator determines that facility development would not conflict with the conservation of Wyoming's wildlife resources.
- (xii) Avalanche areas: Facilities shall not be located in documented avalanche prone areas.
- (xiii) Hydrogeologic conditions: Facilities shall not be located in an area where the administrator, after investigation by the applicant, finds that there is a reasonable probability that solid waste disposal will have a detrimental effect on surface water or groundwater quality, or where the administrator determines it is not possible to effectively monitor existing groundwater.
- (xiv) Dust, odor and nuisance potential: Facilities shall not be located in an area determined by the administrator to present a dust, odor, or public nuisance potential, unless the facility operating plans required by Section 5 of this chapter specifically address appropriate control of the potential problems.
- (xv) Distance from incorporated cities or towns: Except upon a variance granted by the director in accord with W.S. W.S. 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.
- (xvi) Compliance with other standards: Facilities which are also subject to regulation under Chapters 6 or 8 of these rules and regulations shall not be located in violation of the standards of those chapters.
(b) Existing facilities : - (i) Applicability: Effective on the dates specified in paragraph (b)(ii) of this section, existing industrial landfills that receive Conditionally Exempt Small Quantity Generator (CESQG) waste must make the following determinations demonstrating that the requirements of this paragraph have been met, place those determinations in the operating record of the facility, and notify the administrator that the determinations have been placed in the operating record:
- (A) Floodplains: Existing facilities, new landfill cells at existing facilities, and horizontal expansions of existing facilities, shall not be located within the boundaries of a 100-year floodplain, unless the owner demonstrates to the administrator that the facility, cell, or fill will not restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health and the environment;
- (B) Wetlands: New landfill cells at existing facilities, and horizontal expansions of existing facilities, shall not be located in wetlands unless the owner demonstrates to the administrator that:
- (I) There is no practicable alternative location;
- (II) There will not be a violation of any state or federal water quality standard, the Endangered Species Act of 1973, or the Marine Protection, Research, and Sanctuaries Act of 1972;
- (III) The cell or area fill will not cause or contribute to degradation of the wetlands, considering all factors necessary to demonstrate that ecological resources in the wetlands are sufficiently protected including:
- (1) Erosion, stability, and migration potential of native wetland soils, muds and deposits used to support the unit;
- (2) Erosion, stability, and migration potential of dredged and fill materials used to support the unit;
- (3) The volume and chemical nature of the waste managed in the unit;
- (4) Impacts on fish, wildlife, and other aquatic resources and their habitat from release of the waste;
- (5) The potential effects of catastrophic release of waste to the wetland and the resulting impacts on the environment;
- (6) Any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected;
- (IV) There will be no net loss of wetlands, considering any mitigation steps taken by the owner; and
- (V) The owner has sufficient information to make a reasonable determination with respect to items (A) through (D) of this subsection.
- (ii) The location standards of paragraph (b) of this section are effective on January 1, 1998.
(c) Access roads : Roads leading to industrial landfills shall not be subject to the location standards described in this section.