020-15 Wyo. Code R. § 15-8

Current through April 27, 2019
Section 15-8 - Facility Construction and Operation Approval

(a) New facilities: Each person planning to construct and operate a solid waste facility shall submit construction and operating plans to the Department for approval. New facilities are required to have letters of approval for both the construction and operation of the facility. These plans shall include, but not be limited to, the following:

  • (i) A legal description of the property to be used for a facility.
  • (ii) Map or aerial photograph of the area showing land use and zoning within one-half mile of the solid waste disposal site. The map or photograph shall be of sufficient scale to show all residences, industrial water courses, buildings, waterwells, roads and other applicable details and shall indicate the site and the adjoining general topography. Surface ownership of the proposed lands shall also be indicated on the map or photograph.
  • (iii) Plot plan of the site showing dimensions, location of soil borings, where applicable, proposed trenches and filled areas where applicable, winter cover stock piles, fencing, and original and proposed fill elevations. The scale of the plan should not be greater than 200 feet per inch.
  • (iv) A written report shall accompany the plans indicating:
    • (A) The proposed starting date of construction and the estimated completion date.
    • (B) Population and area normally served by the site. If applicable, give the population served and number of months the site will be affected by the influx of tourists.
    • (C) Projected life of the site.
    • (D) Anticipated type (municipal, industrial, commercial, agricultural, hazardous waste), estimated quantity (cubic yards, tons, pounds), and source (city, county, industrial, etc.) of solid waste handled at the site.
    • (E) Geological formations and soil analysis to a depth of at least 15 feet below proposed excavations and the lowest elevation of the site. Such data shall be obtained by soil borings or other appropriate means. This information can usually be obtained from the Soil Conservation Service, U.S.G.S. or a log from a well in the area. If soil borings are used, there should be a maximum of two per 5 acres in areas of variable topography and geology and/or two per site area in areas of uniform topography and geology. The borings should be taken at the highest and lowest elevations of the proposed use area.
    • (F) Estimated depth to the highest ground water table and basis on which estimation was made.
    • (G) Source and characteristic of cover material and method of protecting cover material for winter operation.
    • (H) Type and amount of equipment to be provided at the site for excavating, earth moving, spreading, compaction and other needs.
    • (I) Name, address, telephone number of persons responsible (Plant engineer, supervisor, director of public works, city engineers, etc.) for actual operation and maintenance of the site and intended operating procedure.
    • (J) Method of handling bulky items, dead animals, and other special materials.
    • (K) Method by which the surface and ground water will be protected from contamination. (Diversion ditches, drain pipes, impermeable liners, etc.)
    • (L) Type of fire protection which will be provided. (Fire department, water supply, stockpiled soil, fire lanes, etc.)
    • (M) Reclamation of site and planned reuse.
  • (v) The design of the solid waste facility shall include one or more topographic maps at a scale of not over 200 feet to the inch with five foot contour intervals. These maps shall show: the proposed fill area (where applicable), any borrow area, access roads, grades for proper drainage of each lift, special drainage devices if necessary; fencing; equipment shelter; existing and proposed utilities; and all other pertinent information to clearly indicate the orderly development, operations, and completion of the facility.
  • (vi) Four copies of these plans shall be submitted to the Department for evaluation and approval. A fifth copy shall be filed in the county clerk's office for public perusal in the county in which the site will be operated. The submitted plans for a new facility will be evaluated and an on-site inspection of the area will be made by an employee of the Department within sixty (60) days after the receipt of the plans by the Department. The person responsible for the facility will be notified in writing within fifteen days after the inspection of the approval or disapproval for the construction of the facility. When the construction phase of the facility is near completion the person responsible will notify the Department and another on-site inspection will be made by a representative of the Department. If the construction phase is satisfactory a letter of approval for operating will be issued within fifteen (15) days from the date of the inspection. If the construction of the proposed site is unsatisfactory, the person responsible will be notified in writing within fifteen days from the date of the inspection as to the deficiencies. The Department will provide the necessary recommendations for correction. The letter of approval for operation will be valid for a period of one (1) year from the date of the letter. Periodic inspections will be made of the facility by representatives of the Department to insure conformity with the plans and the rules and regulations. Letters of approval for operation will be issued on a yearly basis. Operating plans will not be needed after initial approval unless they are requested by the Department.

(b) Existing facilities: All existing facilities will be required to submit operating plans to the Department. These plans should include, but not be limited to, the following:

  • (i) Map or aerial photograph of the area showing land use and zoning within one-half mile of the solid waste disposal site. The map or photograph shall be of sufficient scale to show all residences, industrial buildings, water wells, water courses, roads and other applicable details, and shall indicate the general topography.
  • (ii) A written report shall accompany the map or photograph indicating:
    • (A) Location of the site.
    • (B) Population and area normally served and if applicable, the population served and number of months the site is affected by the tourist trade.
    • (C) Name, address, telephone number of responsible persons.
    • (D) The type, estimated quantity, and source (city, county, industries, etc.) of solid wastes handled at the site.
    • (E) Geological formations and soil analysis to a depth of at least 15 feet below proposed excavations and the lowest elevation of the site.
    • (F) Depth to the highest ground water table in the area.
    • (G) Type of cover material and frequency of cover.
    • (H) Type and amount of equipment provided at the site.
    • (I) Number and duties of personnel at the site.
    • (J) Hours and days of operation.
    • (K) Method of handling bulky items, dead animals and other special materials.
    • (L) Method by which the surface and ground water is protected from contamination. (Diversion ditches, drainage pipes, liners, etc.)
    • (M) Type of fire protection available. (Fire department, water supply, stockpiled soil, fire lanes)
    • (N) Type of access road (is it an all weather road).
    • (O) Method for controlling blowing material. (Catch fences, watering, etc.)
    • (P) Is an inclement weather disposal site provided?
    • (Q) Any other pertinent information that may assist the Department in evaluating the site.
  • (iii) After the plans are submitted, they will be evaluated and an on-site inspection will be made by an employee of the Department within sixty (60) days from the date the plans are received. The person in charge will be notified in writing within fifteen (15) days after the inspection as to the results of the inspection. If the evaluation of the site indicates that it is not being operated in compliance with Section 10 of these Rules and Regulations, the person responsible will be notified in writing of the deficiencies and recommended corrections. The person responsible shall reply to the Department in writing as to the steps that will be taken to correct the deficiencies and the expected time period for the corrections. The Department after consultation with the person responsible will issue a compliance schedule for the proposed corrections. If the facility is in compliance with the Rules and Regulations a letter of approval for operation will be issued which will be valid for a period of one (1) year from the date of the letter. Periodic inspections will be made of the facility by representatives of the Department to insure conformity with the plans and the Rules and Regulations. Letters of approval for operating will be issued on a yearly basis. Operating plans will not be needed after initial approval unless requested by the Department.

(c) Preparation of data: Data presented in support of Types I, II and III operations and data for industrial and hazardous wastes sites shall be prepared by a qualified Solid Waste Management person.

(d) Change or transfer of letter of approval: In the event that any person the possession of a letter of approval for the construction and/or operation of a solid waste disposal facility decides to substantially change or modify construction or operating procedures, or transfer the letter of approval to another person, he must get prior written approval from the Department.

(e) Revocation of approval to operate: In the event that a person does not comply with the submitted plan, or the Rules and Regulations, the letter of approval for site operation can be withdrawn by written notice from the Department. Such a notification shall include the reasons for the withdrawal of approval and it will become effective twenty (20) days from the mailing date of such notice, unless within that time the holder of the letter of approval requests a hearing before the Environmental Quality Council. Such a request for hearing shall be made in writing to the Director and shall state the grounds for the request. Any hearing held shall be conducted pursuant to the Rules of Practice and Procedure of the Department. If the person so notified does not respond within the twenty-day period or the Council judges that the letter of approval should be withdrawn, the site will be considered in noncompliance and will be subject to the penalties as prescribed under Article 9.35-502.49 of the Environmental Quality Act.

(f) Research on experimental disposal of solid waste: Special considerations may be given on an individual basis by the Department for any research or experimental disposal of solid wastes.

020-15 Wyo. Code R. § 15-8