(a) Applicability: The standards in this section apply to all solid waste management facilities which accept friable asbestos-containing solid wastes, unless one of the following conditions are met: - (i) The provisions of this section do not apply to the temporary storage of friable asbestos wastes at an asbestos removal location, provided the time of storage does not exceed 180 days, public access to the facility is controlled, and storage is within an enclosed structure or trailer;
- (ii) Upon request by a solid waste management facility operator, the administrator may waive application of the provisions of this section where the administrator finds that the friable asbestos wastes intended for management are of a limited volume, the management event is likely to be a nonrecurring event, and the operator demonstrates that the management can occur in a manner that is protective of the public health and safety.
(b) Location standards: All facilities which dispose friable asbestos wastes shall be located in accordance with the following standards, as well as any other applicable facility location standards: - (i) Facilities 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 within 1,000 feet of any occupied dwelling house, school or hospital;
- (iii) 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;
- (iv) Facilities shall not be located within 200 feet of a fault that has had displacement in Holocene time;
- (v) Facilities shall not be located in documented avalanche prone areas;
- (vi) The administrator may authorize any existing solid waste management facility which does not conform with the location requirements of this subsection, to receive asbestos-containing solid wastes, provided the operator demonstrates that the facility design and construction, operating procedures, monitoring procedures and closure procedures are protective of human health and the environment.
(c) Design and construction standards: All facilities which dispose friable asbestos wastes shall be designed and constructed in accordance with the following standards, as well as any other applicable facility design and construction standards: - (i) Solid waste management units shall be constructed in an area of the facility which is physically isolated from other areas of the facility which are frequented by the general public;
- (ii) Solid waste management units shall be fenced with chain link fence which is a minimum of six (6) feet high and topped with barbed wire. Suitable alternative fence designs may be approved by the administrator. This specific standard does not apply to private industrial solid waste management facilities if adequate alternative public access restrictions are utilized;
- (iii) Solid waste management units shall be equipped with a lockable gate;
- (iv) Warning signs shall be posted at each access or entry point and along the perimeter of the solid waste management unit at intervals of 330 feet or less in such a manner and location that a person can easily read the signs. Warning signs shall be a minimum of twenty (20) inches wide and fourteen (14) inches high, have a yellow background with black letters, use Sans Serif, Gothic or Block font letters which are a minimum of one (1) inch in height, and read as follows:
ASBESTOS WASTE DISPOSAL SITE
BREATHING ASBESTOS DUST
MAY CAUSE LUNG DISEASE AND CANCER
This specific standard does not apply to private industrial solid waste disposal facilities if adequate alternative public access restrictions are utilized.
(d) Operating standards: All facilities which manage friable asbestos wastes shall be operated in accordance with the following standards, as well as any other applicable facility operating standards. - (i) Public access shall be prohibited within two-hundred (200) feet of the solid waste management units during the operation of the units. Solid waste management units may not be operated within two-hundred (200) feet of the facility boundaries unless the operator is capable of controlling access to any areas outside of the facility boundaries which are within two-hundred (200) feet of the boundaries of the solid waste management units;
- (ii) All gates and points of access shall be locked to restrict access by the public when a solid waste management unit is unattended. This specific standard does not apply to private industrial solid waste disposal facilities if adequate alternative public access restrictions are utilized;
- (iii) Facilities shall be operated in compliance with all applicable Wyoming Occupational Safety and Health rules;
- (iv) All loads of friable asbestos wastes received shall be inspected to verify compliance with the following standards:
- (A) Friable asbestos wastes have resulted from a removal or renovation activity where the proper notification, either to the U.S. Environmental Protection Agency or the Air Quality Division, has been made. For, the purpose of this subsection, proper notification means:
- (I) For any friable asbestos removal from any institutional, commercial, or industrial facility located within the State of Wyoming, notification to the Air Quality Division is required;
- (II) For any friable asbestos removal from any source outside the State of Wyoming, notification is required to the U.S. Environmental Protection Agency for quantities exceeding 260 linear feet, or 160 square feet;
- (III) For any friable asbestos removal from any private residence, or any apartmenthaving four or fewer dwelling units located within the State of Wyoming, no notification is required;
- (B) Friable asbestos wastes shall be in containers which meet the following requirements:
- (I) At facilities other than private industrial solid waste disposal facilities, containers shall be structurally rigid containers, enclosing single, six-mil thick plastic bags. Structurally rigid containers include those containers that can withstand pressures of 250 psi. Other types of structurally rigid containers may be approved by the administrator;
- (II) At private industrial solid waste disposal facilities, friable asbestos waste containers may consist of doubled six-mil plastic bags in those cases where:
- (1) Asbestos waste is not being transported over public roadways; and
- (2) Public access to the site is adequately restricted.
- (C) Waste containers shall be leak tight, and shall have a label that clearly states either of the following:
CAUTION
CONTAINS ASBESTOS FIBERS
AVOID OPENING OR BREAKING CONTAINER
BREATHING ASBESTOS IS HAZARDOUS TO YOUR
HEALTH
or
CAUTION
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
MAY CAUSE SERIOUS BODILY HARM
or
DANGER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD
- (D) Waste containers shall be free from the visible accumulation or contamination from asbestos on the outside of the container surface;
- (E) Upon request to the administrator, waste containerization requirements specified in this section may be waived for the management of large structural members and other awkwardly sized or shaped wastes. These wastes shall be thoroughly wetted and then double wrapped and sealed in six-mil thick plastic.
- (v) Any friable asbestos wastes which are not properly containerized, labeled, or sealed, or in a condition that in the judgment of the operator would result in a release of asbestos fibers to the air, may be accepted for management provided that the wastes are managed as follows:
- (A) Friable asbestos wastes shall be thoroughly wetted with water while it is in the delivery vehicle;
- (B) Friable asbestos wastes shall be carefully removed from the delivery vehicle and:
- (I) Placed in containers, labeled, sealed and stored as required by this section; or
- (II) Placed directly in the solid waste management unit, immediately covered with a minimum of twelve (12) inches of soil and compacted;
- (C) The inside of the delivery vehicle shall be washed out, and the rinseate shall be collected and:
- (I) Stored in containers meeting the requirements of this chapter; or
- (II) Placed in the solid waste management unit, immediately covered with a minimum of twelve (12) inches of soil and compacted;
- (D) Written notification shall be made to the administrator providing the name, address, and telephone number of the transportation company, the vehicle driver, asbestos abatement or removal contractor, and the generator of the friable asbestos waste.
- (vi) Friable asbestos wastes shall be stored within an enclosed building or structure;
- (vii) Friable asbestos wastes shall be disposed in a landfill cell and covered at the end of each operating day. Daily cover shall be applied carefully and consist of a minimum of twelve (12) inches of soil. Equipment may not be operated on top of the fiable asbestos wastes until the required soil cover is applied. The soil cover shall not be compacted to a final thickness of less than six (6) inches;
- (viii) Intermediate cover shall be applied to all waste management units that have not received friable asbestos wastes for more than thirty (30) days. Intermediate cover shall consist of soil which is compacted to a minimum thickness of twelve (12) inches;
- (ix) The following records shall be marked with the appropriate date and time and maintained at the facility or an approved alternative location and available for inspection and copying as specified by Chapter 1, Section 1(g):
- (A) Copies of all notification forms documenting that the friable asbestos wastes resulted from a legally notified removal or renovation activity, or in the case where the amount of asbestos wastes involved did not require notification, a statement signed by the generator of the friable asbestos waste to that effect;
- (B) Certification from the generator, abatement contractor or transporter that the friable asbestos wastes were thoroughly wetted in accordance with state and federal requirements;
- (C) Records of inspections conducted to verify that the friable asbestos wastes were properly containerized, sealed and labeled, including a description of the type and condition of the containers;
- (D) Records of the volume and specific location of friable asbestos wastes disposed, including verification of daily cover requirements;
- (E) Records of the specific locations which received intermediate cover;
- (F) Records of any actions taken in response to shipments of friable asbestos wastes which were not properly containerized, labeled or sealed.
(e) Reserved.
(f) Closure standards: All facilities which dispose friable asbestos-containing solid wastes shall be closed in accordance with the following standards, as well as any other applicable facility closure standards. - (i) Any portion of the facility where friable asbestos wastes have been disposed shall be surveyed and the corners marked with permanent surveyed benchmarks;
- (ii) The final cover shall conform to the design and specifications contained in the facility closure plan, but in no case shall the final cover be less than three (3) feet thick;
- (iii) An instrument which clearly gives notice of the restrictions that apply to future activities on the facility property shall be filed for recording by the registrar of deeds (County Clerk) in the county where the facility is located. The notice shall also be provided to any local planning agency. Wording of such an instrument shall conform to the following:
CAUTION. THE PROPERTY MORE COMPLETELY DESCRIBED BELOW HAS BEEN USED FOR THE DISPOSAL OF FRIABLE ASBESTOS-CONTAINING SOLID WASTES. EXCAVATION OF THE PROPERTY WHICH COULD EXPOSE THESE WASTES IS TO BE AVOIDED. BREATHING ASBESTOS FIBERS IS HAZARDOUS TO PUBLIC HEALTH.
THE COMPLETE LEGAL DESCRIPTION OF THE PROPERTY USED FOR THE DISPOSAL OF ASBESTOS-CONTAINING WASTES IS:
(INSERT METES AND BOUNDS DESCRIPTION)
ANY EXCAVATION OF THIS PROPERTY OR DISTURBANCE OF THE LANDFILL COVER WHICH MAY RESULT IN THE RELEASE OF ASBESTOS FIBERS SHALL FIRST BE AUTHORIZED BY THE WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY.