(a) Permit transition: The following rules concerning permit application submittals under Chapter 1, Section 2 will apply. - (i) For existing facilities:
- (A) Existing facilities that have received wastes after the effective date of these regulations: The operator of any construction/demolition facility shall submit a renewal application, unless the operator elects to close the facility before January 1, 1992. The renewal application shall be submitted after January 1, 1990 as specified by the department, but no later than January 1, 1992.
- (B) Existing facilities that have not received wastes after the effective date of these regulations: The operator may be required to submit a closure permit application upon request by the department. The department may request such an application whenever the department has reason to believe that health and safety hazards are present, there has been evidence of environmental contamination, or the facility does not comply with the location, monitoring, closure or post-closure standards.
- (ii) For new facilities: The operator of any new facility shall submit a permit application in accordance with the permit application procedures specified in Chapter 1, Section 2 or Chapter 1, Section 5.
- (iii) For closing facilities:
- (A) Anticipated closure: The operator of a facility with a valid permit on the effective date of these regulations, or a valid permit or renewal permit issued under Section 2(b) or Section 2(c) of this chapter, shall submit a closure permit application to the department between 270 and 180 days prior to the anticipated facility closure.
- (B) Unanticipated closure: In the event any solid waste disposal facility ceases operation, as determined by nonre-ceipt of solid wastes for any continuous nine month period, the facility operator shall provide written notification to the department no later than thirty (30) days after the end of such nine month period. This notification shall be accompanied by a closure permit application unless the department approves interim measures with delayed final closure for good cause upon application by the operator.
- (iv) All construction/demolition landfills shall be subject to the standards contained in the Wyoming Solid Waste Management Rules and Regulations, 1975, until such time as they are permitted under Chapter 1, Section 2.
(b) Permit application requirements: - (i) All permit application forms shall be signed by the operator, the land owner 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) 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 legal 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 Chapter 4, Section 5(c), 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 disposal 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 disposal facility. The narrative should include the size of the facility, the type of waste disposal activities that are planned (area fill, trench fill, special waste areas) and the type, amount and source of incoming waste. The narrative should also describe the service area of the disposal facility, facility access controls and restrictions, and waste screening procedures;
- (V) A brief narrative confirming the proposed facility complies with applicable local land use or zoning requirements, including a brief description of any such requirements;
- (VI) Information describing mineral ownership of the site, surface ownership of the site and all lands within one mile of the facility boundary;
- (VII) Demonstration that the facility meets the minimum location standards specified in Section 3 of this chapter, where applicable.
- (VIII) A summary description of available local geologic or hydrologic information, including copies of all available well logs for wells located within one mile of the proposed site. This description should include information on the depth to the uppermost groundwater, groundwater aquifer thickness and hydro-logic properties, and the potentiometric surface. Supporting documentation such as well completion logs, geologic cross sections, soil boring lithologic logs, potentiometric surface maps and soil or groundwater testing data should be supplied as an appendix.
- (IX) Any information known to the applicant that would limit the site's suitability as a construction/demolition landfill.
- (X) A detailed description of the facility operating procedures, site design and construction methods. The description shall include the following information:
- (1.) The source of wastes and the type and quantity of waste (on a daily, weekly or monthly basis) that will be disposed at the facility;
- (2.) Estimated site capacity and site life, including the calculations on which these estimates are based;
- (3.) An evaluation of the facility's potential to impact surface and groundwater quality, based on the facility design and the hydrogeologic information required in subsection (b)(ii)(A)(VIII) of this section;
- (4.) An evaluation of the availability of cover material sufficient to properly operate the facility through the closure period;
- (5.) A description of fire and other emergency protection measures;
- (6.) A description of the topsoil handling procedures to be used, including measures to be used to protect the piles from erosion;
- (7.) A description of the signs that will be posted to identify the landfill and listing the information required in Section 4(c) of this chapter;
- (8.) A description of the litter control program, if applicable, including; the frequency for litter collection for internal fences, perimeter roads and off-site areas, special operating procedures to be used during periods of high wind and a summary of any wind speed and direction data available for the local area;
- (9.) Type and amount of equipment to be provided at the site for excavating, earth moving, spreading, compaction and other needs; the specific purpose for each piece of equipment and the source and procedure used to obtain backup equipment;
- (10.) Any other information necessary to demonstrate compliance with the design, construction and operating standards specified in Section 4 and Section 5 of this chapter.
- (XI) Any other information necessary to demon- strate compliance with the monitoring standards specified in Section 6 of this chapter, when required.
- (XII) A detailed descriptive statement of the closure/post-closure stage of landfill development, including the following information:
- (1.) A description of the land use anticipated after closure;
- (2.) The wording of the deed notice;
- (3.) If the facility is open to the public, a copy of the notice of closure;
- (4.) A description of the final soil cover, as well as methods used to revegetate the site;
- (5.) The method used to divert surface water from the site during the post-closure period;
- (6.) The methods by which surface erosion or water ponding problems will be corrected, including the frequency of planned inspections to discover such problems during the post-closure period;
- ( 7.) The method by which the operator will maintain access restrictions to any closed facility;
- (8.) Any other information necessary to demonstrate compliance with the closure/post-closure standards specified in Section 7 of this chapter.
- (B) An original topographic map with a scale of 1:24,000 with the proposed facility location shown; an original USGS topographic map with a scale of 1:62,500 or other suitable topographic map may be submitted if a 1:24,000 map is unavailable;
- (C) A map or aerial photograph of the area shall be submitted showing land ownership, 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, each occupied dwelling house, schools, hospitals, industrial buildings, water wells, water courses, roads and other applicable details and shall indicate the general topography.
- (D) A general facility plot plan at a scale not greater than 200 feet to the inch with maximum twenty foot contour intervals shall be submitted. The general facility plot plan shall at a minimum illustrate the following features:
- (I) Facility boundaries including any buffer zones proposed between the solid waste boundary and the property boundary;
- (III) Locations of soil borings and groundwater monitoring wells, if applicable;
- (IV) Locations of proposed trenches or area fill locations;
- (V) Working area/perimeter fire lane;
- (VI) Working area/perimeter fence location;
- (E) Additional facility plot plans at the same scale as the general facility plot plan, shall be submitted as necessary to show orderly development and use of the facility through the life of the site. These plot plans shall at a minimum contain the following information:
- (I) Excavation plans for development of trenches or preparation of area fill locations;
- (II) Development of temporary surface water diversion structures which may be necessary to adequately control surface water run-on and run-off;
- (III) Access to active waste disposal areas, including development of internal roads;
- (IV) Cover stockpile locations;
- (V) Topsoil storage locations;
- (VI) Litter screen placement information, if applicable;
- (VII) Other details pertinent to the development and use of the facility.
- (F) As an alternative to subsection (b)(ii)(E) of this section, which requires site development plans to be supplied for the life of the site, the applicant may submit detailed site development plans containing information specified in subsection (b)(ii)(E) but covering only the first permit term.
- (G) A map showing proposed final contours prepared at a scale no greater than 200 feet to the inch, with five foot contour intervals, shall be submitted.
- (H) Cross sections and/or drawing details shall be submitted with sufficient specifications to describe:
- (I) Internal litter catch screens or fences, if applicable;
- (II) Working area/perimeter fencing;
- (IV) Trench or area fill method;
- (V) Systems used for monitoring, collection, treatment and disposal of leachate, if required;
- (VI) Groundwater monitoring well design;
- (VII) Surface and subsurface drain systems to control run-on and run-off and/or inflow;
- (VIII) Any other design details requested by the department.
- (I) A record keeping log shall be maintained during the operating life and closure/post-closure maintenance period.
(c) Renewal application requirements: - (i) Renewal applications shall be submitted as required in Chapter 1, Section 2(e).
- (A) Each renewal application submitted in accordance with the requirements of subsection (a) of this section, shall include a compilation of previous permit application materials and supplemental information updated and revised as necessary to fulfill the information requirements specified in subsection (b) of this section, except for (b)(ii)(A)(VI), (b)(ii)(A)(VII) and (b)(ii)(A)(IX).
- (B) Each renewal application submitted in accordance with the requirements of Chapter 1, Section 2(e)(ii) shall include a copy of the approved permit application or the previous approved renewal 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 differ from those in the approved permit or previous approved renewal permit, the narrative should describe the minor changes and approved major amendments. The applicant has 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.
- (ii) All renewal applications shall contain the following information:
- (A) Any necessary plan revisions for the upcoming permit renewal period. Any requests for approval of amendments which describe major changes in facility operation shall also be included;
- (B) Detailed construction and operation specifications for the upcoming permit period, if such specifications were not included in an approved facility permit application submitted in accord with subsection (b)(ii)(D) of this section;
- (C) Description of intermediate reclamation efforts, with evaluation of revegetation results;
- (D) A description of steps taken to mitigate or correct practices that have resulted in past operational deficiencies.
(d) Closure permit application requirements: - (i) Closure permit applications shall be submitted as required in Section 2(a) (iii) of this chapter. A copy of the per- tinent materials from the approved permit application or approved renewal permit application, revised and updated as necessary, may be used to fulfill requirements (F) through (J). Each closure permit application shall contain the following information:
- (A) A narrative describing the site operating history including the dates of operation, the disposal methods used and the types and amounts of waste accepted;
- (B) A general facility plot plan at a scale not greater than 200 feet to the inch illustrating past areas of waste deposition, estimated dates of fill and any other pertinent features;
- (C) Data on site geology and hydrology as specified in subsection (b)(ii)(A)(VIII);
- (D) A map of the site area as specified in subsection (b)(ii)(C) of this section;
- (E) An evaluation of the facility's potential to impact surface water and groundwater quality, based on hydrogeologic information and the facility's design and operating history.
- (F) General site information specified in subsections (b)(ii)(A)(I) through (b)(ii)(A)(III) of this section;
- (G) Environmental monitoring system information specified in Section 6(b) of this chapter, if applicable;
- (H) Closure/post-closure information specified in subsection (b)(ii)(A)(XIII) of this section;
- (I) A final contour map specified in subsection (b)(ii)(G) of this section;
- (J) Any supporting documentation listed in subsection (b)(ii)(H) of this section pertinent to the closure/post-closure phase.
(e) Permit terms: - (i) Construction/demolition landfill permits will be issued for a six year term.
- (ii) Renewal permits for construction/demolition landfills will be issued for six year terms.
- (iii) Closure permits will be issued for a minimum five year term. The closure permit period will extend until the department finds that the facility has been adequately stabilized and the environmental monitoring or control systems have demonstrated that the facility closure is protective of human health and the environment consistent with the purposes of the act.
(f) Financial assurance requirement: Any operator of a construction/demolition landfill subject to the financial assurance requirements of Chapter 7 shall provide adequate assurance of financial responsibility as specified therein, prior to issuance of a permit by the department.