020-1 Wyo. Code R. § 1-16

Current through April 27, 2019

Section 1-16 - Waste Management Surcharge

(a) Each Permittee of a commercial waste incineration or disposal facility shall keep records of all wastes received by the facility. Records shall consist of:

(i) A daily log of all wastes received by the applicant by weight, source and content.

(ii) A daily record of payments made for wastes received for disposal by source, including a first accounting of invoices;

(iii) A daily record of solid wastes removed from the facility and recycled or reused; and

(iv) A daily record of hazardous wastes treated at the facility.

(b) In accordance with W.S. 16-4-203(d)(v), records supplied for purposes of verifying the surcharge payment shall be public record unless the applicant can demonstrate to the Council, at the time of permitting, that the information consists of trade secrets, privileged information, or confidential commercial information. In such case, the applicant shall stamp as "confidential" each page containing privileged information.

(c) Waste receipt and surcharge reporting shall be on a quarterly basis through the use of monthly recapitulation sheets of the daily records.

(d) In accordance with W.S. 35-12-113(g), the Permittee shall remit the surcharge no later than the last day of the second month following the end of the quarter. Failure to remit the full payment as required by this section may constitute grounds for permit revocation in accordance with W.S. 35-12-116, after notice and reasonable opportunity to correct the failure.

(e) Upon a fourteen (14) day advance notice, the Permittee shall allow audits by the Division, or its auditors. The Permittee shall provide the Division access to all records and provide the copying of all records dealing with compliance of the permit requirements and payment of the waste management surcharge.

(f) Without advance notice, the Division or its designated agent may inspect manifests for shipments to determine accuracy of record keeping and weight scales.

(g) For audit purposes, all records required by this section will be maintained a minimum of five years.

(h) All measuring devices utilized to determine the surcharge payment shall be certified by the Wyoming Department of Agriculture in accordance with W.S. 40-10-117 through 40-10-123 and inspected and recertified annually.

(i) The waste management surcharge rate shall be a minimum of $10 per short ton for non-hazardous wastes received and $25 per short ton for hazardous waste. The Council may impose a higher rate at the time of permitting or annually thereafter. The rate may also be lowered as long as the surcharge remains at or above the minimum set in W.S. 35-12-113(g). The Council shall consider any of the following criteria as a basis for adjusting the surcharge rate:

(i) National or regional cost escalation for waste disposal;

(ii) Level of short and long term liabilities and risk to public health, safety and welfare.

(iii) Encouragement of the use and demonstration of new and advanced technologies which benefit the community and state;

(iv) Economic benefits accruing to the local community from the facility, including but not limited to, voluntary mitigation measures, employment opportunities, and importance to the economic stability; or

(v) Utilization of waste reduction, recycling and treatment practices at the origin of the wastes.

(j) The Council shall authorize a reduction in the waste management surcharge rate to encourage recycling, reuse, or treatment of hazardous wastes in accordance with W.S. 35-12-113(g). To obtain the credit, the Permittee must provide for removal and recovery of useful components of the waste stream above the minimum required by W.S. 35-11-508(a) (iii). For hazardous wastes, the treatment process shall reduce the hazards and long-term risks from the wastes above the minimum treatment processes required by rules promulgated under the Environmental Quality Act. The Council may authorize a credit at, or greater than, the minimum of W.S. 35-12-113(g) if the Council finds:

(i) Economic viability - where the Permittee can demonstrate a recycling or treatment technology or method which would not be economically viable through costs in excess of the minimum credit, the Council may grant a higher credit to promote the technology or method, if the Council determines the recycling or treatment technology or method beneficial to the State.

(ii) Economic development - the credit may be increased to broaden the local economic base in the form of a subsidy to develop local recycling, reuse, or treatment enterprises. This subsidy may only be approved to increase business profitability in the growth years of the enterprise.

(k) Upon submittal of a permit application, request for waiver, or annually after permit approval, the Director may require the Permittee or applicant to provide cost data so that the Division may evaluate the merits of a surcharge rate adjustment. The information requested may include, but is not limited to:

(i) Breakdown of operation costs.

(ii) Breakdown of construction costs.

(iii) Breakdown of transportation costs.

(iv) Current tipping charges.

020-1 Wyo. Code R. § 1-16

Amended, Eff. 4/4/2017.

Amended, Eff. 8/9/2018.