(a) Authority: The authority for the rules and regulations promulgated in this chapter is the Wyoming Environmental Quality Act, W.S. 35-11-306 and W.S. W.S. W.S. 35-11-504.
(b) Applicability: - (i) This chapter governs all solid waste management facilities that are required to demonstrate financial assurance under W.S. W.S. W.S. 35-11-504. Exempt solid waste management facilities include those:
- (A) Solid waste landfills regulated under Chapter 2 of these rules and regulations which are owned or operated by a municipality provided that the facility is a participating facility under W.S. W.S. W.S. 35-11-515(o)(iii);
- (B) Owned and operated by the person disposing of solid waste generated at the facility who annually demonstrates to the director compliance with the financial assurance requirements of the Resource Conservation and Recovery Act, P.L. 94-580, as amended as of January 1, 1989;
- (C) Which are also subject to bonding or financial assurance requirements under Article 2, 3, or 4 of the act if the director determines that the bond or financial assurance under Articles 2, 3, or 4 satisfies the requirements of this chapter;
- (D) Which are subject to bonding or financial assurance requirements under W.S. W.S. W.S. 30-5-104(d)(i)(D) or 30 U.S.C. 226(g) as amended as of January 1, 1989;
- (E) Owned or operated by an electric utility disposing of solid waste generated by an electric generation facility pursuant to a permit or license issued by the department, provided that the exemption may be revoked by the council upon petition of the director for a period of time established by the council to secure remedial action in the event of any discharge of pollution to the air, land or to waters of the state which is in violation of a permit, standard, rule or requirement established under the provisions of the act;
- (F) Solid waste management facilities other than those regulated under Chapter 2, which are owned or operated by a municipality;
- (G) Type I and Type II sanitary landfills regulated under Chapter 2 which ceased receipt of wastes before October 9, 1991;
- (H) Type I sanitary landfills regulated under Chapter 2 which received waste after October 9, 1991 but ceased receipt of waste before October 9, 1993 and installed an approved final cover system before October 9, 1994;
- (I) Type II sanitary landfills regulated under Chapter 2 which received waste after October 9, 1991 but cease receipt of wastes before October 9, 1997 and install an approved final cover system before October 9, 1998; and
- (J) Mobile transfer, treatment and storage facilities regulated under Chapter 6 of these rules and regulations.
(c) Objective: The objective of these rules and regulations is to provide financial assurance for the purposes specified in W.S. W.S. 35-11-504(a) and to establish the procedures for participating facilities as provided in W.S. W.S. W.S. 35-11-515.
(d) Severability: If any section or provision of this chapter, or the application of that section or provision to any person, situation, or circumstance is adjudged invalid for any reason, the adjudication does not affect any other section or provision of these regulations or the application of the adjudicated section or provision to any other person, situation, or circumstance. The Environmental Quality Council declares that it would have adopted the valid portions and applications of this chapter without the invalid part, and to this end the provisions of this chapter are declared to be severable.