(a) Permit transition: The following rules concerning permit application submittals under Chapter 1 will apply. - (i) Existing facilities:
- (A) Existing facilities that have received wastes after September 13, 1989:
- (I) Existing facilities with closure permits issued before July 1, 2012, shall continue closure and post-closure under their existing permits.
- (II) Existing facilities that intend to cease disposal of all waste before July 1, 2017, need not submit a renewal application, but shall submit a closure permit application no later than twelve (12) months prior to the expiration date of the facility's existing permit or the date the facility is anticipated to cease disposal of waste, whichever comes first, unless an alternate schedule is approved by the Administrator for good cause.
- (III) Existing facilities that do not have a lifetime permit and intend to continue disposal of waste after July 1, 2017, shall submit a permit renewal application twelve (12) months prior to the expiration of their current permit, unless an alternate schedule is approved by the Administrator for good cause.
- (B) Existing facilities that have not received wastes after September 13, 1989:
- (I) The operator may be required to submit a closure permit application upon request by the Administrator.
- (II) The Administrator may request such an application whenever the Administrator has reason to believe that health and safety hazards are present, there has been evidence of environmental contamination, or the facility does not comply with the location, monitoring, closure or post-closure standards.
- (ii) New facilities:
- (A) The operator of any new facility shall submit an operating permit application in accord with the requirements set forth in these rules.
- (iii) Closing facilities:
- (A) Anticipated closure: For facilities where disposal of all waste is anticipated to cease before July 1, 2017, the operator shall submit a closure permit application no later than twelve (12) months prior to the expiration date of the facility's existing permit or the date the facility is anticipated to cease disposal of waste, whichever comes first, unless an alternate schedule is approved by the Administrator for good cause. For facilities where disposal is anticipated to continue after July 1, 2017, the operator shall submit a closure permit application no later than twelve (12) months prior to the date the facility is anticipated to cease disposal of waste, unless an alternate schedule is approved by the Administrator for good cause.
- (B) Unanticipated closure: In the event any solid waste management facility ceases operation, as determined by nonreceipt of solid wastes for any continuous nine (9) month period, the facility operator shall provide written notification to the Administrator no later than thirty (30) days after the end of such nine (9) month period. This notification shall be accompanied by a closure permit application unless the Administrator approves interim measures with delayed final closure for good cause upon application by the operator.
(b) Permit application requirements: - (i) The permit application shall contain a completed application form, and a written report containing the applicable information in sections 3 through 18 of this chapter. Records and supporting documents such as well logs, maps, cross-sections, and monitoring reports should generally be included in the written report as appendices. Documents previously submitted and approved by the Department may be included by reference.
- (ii) All permit application forms shall be signed by the operator, the landowner and any real property lien holder of public record. All applications shall be signed by the operator under oath subject to penalty of perjury. All persons signing the application shall be duly authorized agents. The following persons are considered duly authorized agents:
- (A) For a municipality, state, federal or other public agency, by the head of the agency or ranking elected official. A copy of a valid lease agreement from a federal agency shall satisfy this requirement;
- (B) For corporations, at least one principal officer;
- (C) For a sole proprietorship or partnership, a proprietor or general partner, respectively.
- (iii) All permit applications shall be prepared under the supervision of a professional engineer registered in the State of Wyoming. All permit application forms shall be stamped, signed and dated by a professional engineer. In addition, all portions of the permit application which require geological services or work shall be stamped, signed and dated by a professional geologist.
(c) Renewal application requirements: Renewal applications shall be submitted as required in Chapter 1 and shall include a compilation of previous permit application materials and supplemental information updated and revised as necessary to document facility operations and activities carried out during the last permit term. Renewal applications shall include a copy of the approved permit or renewal permit application or revisions to the previous application if the revised and updated pages and drawings are appropriately numbered and dated to facilitate incorporation into the previous permit document. - (i) Renewal applications shall contain:
- (A) Any necessary plan revisions for the upcoming permit renewal period and any requests for approval of amendments;
- (B) Detailed construction and operation specifications for the upcoming permit period, if such specifications were not included in an approved facility permit application;
(d) Permit terms: - (i) Effective July 1, 2012, new MSWLF operating permits and renewal permits for existing MSWLFs shall be lifetime permits.
- (ii) Closure permits shall be for a period which includes the time required to complete closure activities and the post-closure term specified in Section 12 of this chapter. The closure permit period will extend until the Administrator finds that the facility has been adequately stabilized and the environmental monitoring or control systems have demonstrated that the facility closure is protective of human health and the environment consistent with the purposes of the act.
(e) Permit amendments constituting a major change: - (i) All amendments constituting a major change shall comply with the location, design and construction, operating, monitoring, financial assurance and closure standards of the applicable chapters of these rules and regulations. No amendment shall be implemented by the operator without the prior written authorization of the Administrator.
- (ii) The operator shall submit three (3) complete paper copies and one (1) complete electronic copy of the proposed amendment unless an alternative is approved by the Administrator. Permit amendments may be proposed independently or in conjunction with a permit renewal or closure permit application. Permit amendments may be proposed in conjunction with annual reports, but must be separately designated as amendments. Minor permit amendments proposed in conjunction with annual reports will be processed in accordance with Chapter 1, Section 3 of these rules. Major permit amendments will be processed in accordance with this section. The application shall include a cover letter describing in detail the amendment sought. The application for amendment shall include revisions to the permit application sufficient to fully describe the proposed amendment including a revised table of contents and replacement text, plates, and/or drawings which are fully formatted and numbered for insertion into the permit application.
- (iii) The Administrator shall conduct a completeness review and notify the applicant within sixty (60) days of receipt of the application whether or not it is complete. If the Administrator deems the application incomplete, he or she shall so advise and state in writing to the applicant the information required. All items not specified as incomplete at the end of the first sixty (60) day period shall be deemed complete for the purposes of this subsection.
- (A) If the applicant resubmits an application or further information, the Administrator shall review the application or additional information within sixty (60) days of each submission and advise the applicant in writing if the application is complete.
- (B) After the application is determined complete, the applicant shall give written notice of the application as required in Chapter 1, Section 2(b)(i)
- (iv) The Administrator shall review the application and unless the applicant requests a delay, advise the applicant in writing within ninety (90) days from the date of determining that the application is complete, that a proposed permit amendment is suitable for publication under Chapter 1, Section 2(b)(ii), or that the application is deficient, or that the application is denied. All reasons for deficiency or denial shall be stated in writing to the applicant. All items not specified as being deficient at the end of the first ninety (90) day period shall be deemed sufficient for the purposes of this subsection.
- (A) If the applicant submits additional information in response to any deficiency notice, the Administrator shall review such additional information within thirty (30) days of submission and advise the applicant in writing if a proposed permit amendment is suitable for publication, or that the application is still deficient, or that the application is denied.
- (B) If the application is determined to be complete and demonstrates compliance with the applicable standards, the Administrator shall prepare a proposed permit amendment. The applicant shall provide public notice as specified in Chapter 1, Section 2(b)(ii).
- (C) If no hearing is requested, the Director shall render a decision on the proposed permit amendment within thirty (30) days after completion of the notice period. If substantial written objections are received by the Director by 5:00 pm on the last day of the public comment period, a public hearing will be held within twenty (20) days after the last day of the public comment period, unless a different schedule is deemed necessary by the council. The council or Director shall publish notice of the time, date, and location of the hearing in a newspaper of general circulation in the county where the applicant plans to locate the facility or where the facility is located, once a week for two (2) consecutive weeks immediately prior to the hearing. The hearing shall be conducted as a contested case in accordance with the Wyoming Administrative Procedures Act, and right of judicial review shall be afforded as provided in that Act. The Director shall issue or deny the permit amendment no later than fifteen (15) days from receipt of any findings of fact and decision of the environmental quality council.
- (D) In granting permit amendments, the Director may impose such conditions as may be necessary to accomplish the purpose of the act and which are not inconsistent with the existing rules, regulations, and standards.