All facilities shall meet the following standards:
(a) New facilities: New municipal solid waste landfills shall not be located in violation of W.S. 35-11-502(c) and the standards described in this section. - (i) Local zoning ordinances: Facility locations shall not be in conflict with local zoning ordinances or land use plans that have been adopted by a county commission or municipality.
- (ii) Wild and Scenic Rivers Act: Facility locations shall not diminish the scenic, recreational and fish and wildlife values for any section of river designated for protection under the Wild and Scenic Rivers Act, 16 USC 1271 et seq., and implementing regulations.
- (iii) National Historic Preservation Act: Facilities shall not be located in areas where they may pose a threat to an irreplaceable historic or archeological site listed pursuant to the National Historic Preservation Act, 16 USC 470 et seq. and implementing regulations, or to a natural landmark designated by the National Park Service.
- (iv) Endangered Species Act: Facilities shall not be located within a critical habitat of an endangered or threatened species listed pursuant to the Endangered Species Act, 16 USC 1531 et seq., and implementing regulations, where the facility may cause destruction or adverse modification of the critical habitat, may jeopardize the continued existence of endangered or threatened species or contribute to the taking of such species.
- (v) Big game winter range: Facilities shall not be located within critical winter ranges for big game unless after considering information from the Wyoming Game and Fish Department, the Administrator determines that facility development would not conflict with the conservation of Wyoming's wildlife resources.
(b) New units, existing units, and lateral expansions: New units, existing units and lateral expansions shall not be located in violation of the applicable standards below. Any supporting information needed to demonstrate compliance with these standards shall be provided in an appendix to the permit application. - (i) Airport safety.
- (A) New MSWLF units, existing units, and lateral expansions located within 10,000 feet (3,048 meters) of any airport runway end used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway end used by only piston-type aircraft must be designed and operated so that the MSWLF unit does not pose a bird hazard to aircraft.
- (B) Owners or operators proposing to site new MSWLF units and lateral expansions within a five-mile radius of any airport runway end used by turbojet or piston-type aircraft shall notify the affected airport and the Federal Aviation Administration (FAA) and include documentation of the notification in the permit application.
- (ii) Floodplains.
- (A) New MSWLF units, existing units, and lateral expansions shall not be located in a 100-year floodplain unless the operator demonstrates that the unit will not restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste.
- (iii) Wetlands.
- (A) New MSWLF units and lateral expansions shall not be located in wetlands.
- (iv) Fault areas.
- (A) New MSWLF units and lateral expansions shall not be located within 200 feet (60 meters) of a fault that has had displacement in Holocene time unless the owner or operator demonstrates that an alternative setback distance of less than 200 feet (60 meters) will prevent damage to the structural integrity of the MSWLF unit and will be protective of human health and the environment.
- (v) Seismic impact zones: New MSWLF units and lateral expansions shall not be located in seismic impact zones, unless the owner demonstrates to the administrator that all containment structures, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site;
- (vi) Unstable areas: New MSWLF units and lateral expansions shall not be located in an unstable area unless the owner has demonstrated to the administrator that engineering measures have been incorporated into the facility's, unit's, or area fill's design to ensure that the integrity of the structural components of the facility, unit, or area fill will not be disrupted. The demonstration must consider:
- (A) On-site or local soil conditions that may result in significant differential settling;
- (B) On-site or local geologic or geomorphologic features; and
- (C) On-site or local human-made features or events (both surface and subsurface).
(c) Access roads: The roads leading to MSWLFs shall not be subject to the location standards described in this section.