Statutes, codes, and regulations
Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. ofSubagency 0009 - Solid Waste Management
Chapter 4 - CONSTRUCTION/DEMOLITION LANDFILL REGS
Section 4-3 - Location Standards

020-4 Wyo. Code R. § 4-3

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Current through April 27, 2019
Section 4-3 - Location Standards

(a) Applicability: New construction/demolition landfills and lateral expansions of existing construction/demolition landfills shall not be located in violation of the standards described in this section.

(b) Local zoning ordinances: Facility locations shall not conflict with local zoning ordinances or land use plans adopted by a county commission or municipality.

(c) Distance to residences and other buildings: Except upon a variance granted by the Environmental Quality Council in accord with W.S. 35-11-502(c), no facility greater than one (1) acre in size shall be located between 1,000 feet and one (1) mile of a public school except with the written consent of the school district board of trustees, or between 1,000 feet and one (1) mile of an occupied dwelling house except with the written consent of the owner. Additionally, facilities of any size shall not be located within 1,000 feet of any occupied dwelling house, school or hospital, and shall not be located within 300 feet of any building unless provisions have been made for protection from methane gas accumulation.

(d) Distance to roads and parks:

  • (i) Except upon a variance granted by the Environmental Quality Council in accord with W.S. W.S. W.S. 35-11-502(c), no facility greater than one (1) acre in size shall be located between 1,000 feet and one-half (1/2) mile of the center line of the right-of-way of a state or federal highway unless screened from view as approved by the department. Additionally, facilities of any size shall not be located within 1,000 feet of any interstate 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. W.S. 33-19-103 et seq.
  • (ii) Facilities shall not be located within 1,000 feet of any public park or recreation area unless the facility is screened from view by natural objects, plantings, fences or other appropriate means.

(e) Distance to drinking water sources: Except upon a variance granted by the Environmental Quality Council in accord with W.S. W.S. W.S. 35-11-502(c), no facility greater than one (1) acre in size shall be located between 1,000 feet and one-half (1/2) mile of a water well permitted or certificated for domestic or stock watering purposes except with written consent of the owner of the permit or certificate. Additionally, facilities of any size shall not be located within 1,000 feet of any drinking water source such as a well or surface water intake.

(f) Distance to other surface waters:

  • (i) Facilities shall not be located within 500 feet of any perennial lake or pond, unless the applicant can adequately demonstrate to the department that the facility will not affect the lake or pond.
  • (ii) Facilities shall not be located within 300 feet of any perennial river or stream, unless the applicant can adequately demonstrate to the department that the facility will not affect the river or stream.

(g) Floodplains: Facilities shall not be located within the boundaries of a 100-year floodplain.

(h) Wetlands: Facilities shall not be located in wetlands.

(i) 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.

(j) 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.

(k) 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.

(l) Big game winter range/grouse breeding grounds: Facilities shall not be located within critical winter ranges for big game or breeding grounds for grouse, unless after consultation with the Wyoming Game and Fish Department, the director determines that facility development would not conflict with the conservation of Wyoming's wildlife resources.

(m) Hydrogeologic conditions: Facilities shall not be located in an area where the department, after investigation by the applicant, finds that there is reasonable probability that solid waste disposal will have a detrimental affect on surface water or groundwater quality.

(n) Dust, odor and nuisance potential: Facilities shall not be located in an area determined by the department to present a dust, odor or public nuisance potential, unless the facility operating plans required by Section 5 of this chapter specifically address appropriate control of the potential problems.

(o) Distance from incorporated cities or towns: Except upon a variance granted by the Environmental Quality Council in accord with W.S. W.S. W.S. 35-11-502(c), no facility greater than one (1) acre in size shall be located within one (1) mile of the boundaries of an incorporated city or town.

(p) Compliance with other standards: Facilities which are also subject to regulation under Chapter 6 of these rules and regulations shall not be located in violation of the standards in that chapter.

020-4 Wyo. Code R. § 4-3