(a) New transfer, treatment and storage facilities: New transfer, treatment and storage 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 administrator, after investigation by the applicant, finds there is a reasonable probability the solid waste management 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 administrator, for the facility to present a dust or odor problem, or public nuisance, unless the facility operating plans specifically address appropriate control of the potential problems;
- (v) The following standards apply only to outdoor facilities where the solid waste management activities are not being conducted inside an enclosed building, a tank or a container:
- (A) Facilities shall not be located within 1,000 feet of any occupied dwelling house, school or hospital;
- (B) 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.;
- (C) 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;
- (D) 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.
- (E) 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 U.S.C. 1271 et seq., and implementing regulations;
- (F) 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 U.S.C. 470 et seq. and implementing regulations, or to a natural landmark designated by the National Park Service;
- (G) Facilities shall not be located within a critical habitat of an endangered or threatened species listed pursuant to the Endangered Species Act, 16 U.S.C. 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;
- (H) 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;
- (I) Facilities shall not be located in wetlands as defined in Chapter 1, 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 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 (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) 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.
- (C) 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;
- (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 U.S.C. 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 U.S.C. 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 U.S.C. 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 administrator determines that facility development would not conflict with the conservation of Wyoming's wildlife resources;
- (H) 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;
- (vii) Any facility used for the management of a special waste regulated under Chapter 8, Special Waste Management Standards, shall also comply with applicable location standards established under Chapter 8.
(b) New low hazard and low volume transfer, treatment and storage facilities : New low hazard and low volume transfer, treatment and storage facilities, excluding mobile transfer, treatment and storage 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 administrator, after investigation by the applicant, finds there is a reasonable probability the solid waste management 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 administrator, for the facility to present a dust or odor problem, or public nuisance, unless the facility operating plans specifically address appropriate control of the potential problems;
- (v) The following standards apply only to outdoor facilities where the solid waste management activities are not being conducted inside an enclosed building, a tank or a container:
- (A) Facilities shall not be located within 1,000 feet of any occupied dwelling house, school or hospital unless the facility is screened from view by natural objects, plantings, fences or other appropriate means;
- (B) 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. W.S. 33-19-103 et seq.;
- (C) 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;
- (D) 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.
- (E) Facilities shall not be located in wetlands as defined in Chapter 1, Section 1(e).
(c) Mobile transfer, treatment and storage facilities : Mobile transfer, treatment and storage facilities shall not be located in violation of the standards described in this section. - (i) Facilities shall not be located in wetlands as defined in Chapter 1, Section 1(e);
- (ii) Any facility used for the management of a special waste regulated under Chapter 8, Special Waste Management Standards, shall also comply with applicable location standards established under Chapter 8.