(a) Permit Transition : The following rules concerning permit application submittals under Chapter 1, Section 2 will apply. - (i) Existing facilities:
- (A) Existing facilities that have received wastes after the effective date of these regulations:
- (I) The operator of any facility with a complete application or a valid permit or an authorization that has not expired by the effective date of these regulations shall either:
- (1) Submit a renewal application before the existing permit or authorization expires; or
- (2) Cease receipt of wastes before the existing permit or authorization expires and close in conformance with the closure standards in Section 7 of this chapter.
- (II) The operator of any facility without a complete application or a permit or authorization that has expired by the effective date of these regulations shall either:
- (1) Submit a renewal application after the effective date of these regulations, as specified by the administrator, but no later than six (6) months after the effective date of these regulations; or
- (2) Cease receipt of wastes within six (6) months after the effective date of these regulations and close in conformance with the closure standards in Section 7 of this chapter.
- (B) Existing facilities that have not received wastes after the effective date of these regulations: The operator may be required to submit a closure permit application upon request by the administrator. 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 or closure standards of this chapter.
- (ii) New facilities: The operator of any new facility shall submit an application in accordance with the permit application procedures specified in Chapter 1, Section 2(b) and 2(c), or Section 2(j), and shall obtain a permit prior to construction;
- (iii) Closing facilities:
- (A) Anticipated closure: The operator of any facility with a valid permit on the effective date of these regulations or a valid permit or renewal permit issued under Chapter 1, Section 2(d), Section 2(f) or Section 2(j), shall submit a closure permit application to the administrator between 270 and 180 days prior to the anticipated facility closure;
- (B) Unanticipated closure: In the event any facility ceases operation, as determined by nonreceipt of solid wastes for a continuous nine (9) month period or any continuous one (1) year period for petroleum-contaminated soils land treatment facilities and mobile transfer, treatment and storage facilities, the facility shall provide written notification to the administrator no later than thirty days after the end of such nine (9) month or one (1) year period. This notification shall be accompanied by a closure permit application unless the administrator approves interim measures with the delayed final closure for good cause upon application by the operator;
- (C) Mobile transfer, treatment and storage facility closure: The operator of any mobile facility with a valid permit or authorization shall provide written notification to the administrator if the facility operation is discontinued prior to the expiration of the permit or authorization. This notification does not require submission of a closure permit application.
(b) Permit application requirements for transfer, treatment and storage facilities : - (i) The permit application shall contain a completed permit application form. 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;
- (B) For corporations, at least two principal officers;
- (C) For a sole proprietorship or partnership, a proprietor or general partner, respectively.
- (ii) 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, dated and signed 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.
- (iii) A written report shall be submitted containing the following information:
- (A) The name, address and telephone number of the operator of the facility to whom the permit would be issued, and a listing of any administrative order, civil or administrative penalty assessment, bond forfeiture, misdemeanor or felony conviction, or court proceeding, for any violations of any local, state or federal law relating to environmental quality or criminal racketeering, in which the applicant (including any partners in a partnership or executive officers in any corporation, if the applicant is a partnership or corporation) has been or is currently involved;
- (B) The name, address, and telephone number of the solid waste manager. A description of the basic training and examination program, to be used by the operator to assure compliance with the requirements of this chapter shall be included. The description shall include a specific listing of the training courses, and the required frequency of attendance of each course by the solid waste manager;
- (C) The legal description of the property to be used as a transfer, treatment and storage facility. The complete legal description shall consist of a plat and legal description, monumented and signed in accordance with Wyoming statutes by a Wyoming licensed land surveyor;
- (D) A brief narrative describing the facility, the type of waste transfer, treatment and storage that is planned, including but not limited to chemical, physical, biological, and thermal activities. A descriptive statement of the procedures and processes to be used, and the type, amount, and source of incoming waste shall be provided. The narrative shall also describe the service area of the facility;
- (E) Information describing surface ownership of the site and all lands adjacent to the facility boundary;
- (F) A demonstration that the facility meets the location standards specified under Section 3 of this chapter;
- (G) Detailed information describing the site's hydrogeology may be required if the waste management occurs outside an enclosed building;
- (H) An evaluation of the facility's potential to impact surface and ground water quality, based on the facility design and the site hydrogeologic setting;
- (I) Any information known to the applicant that would limit the site's suitability as a transfer, treatment and storage facility;
- (J) A detailed description of the facility design, construction and operating procedures, including the following information:
- (I) The service area (source of wastes) and the type of wastes that will be managed at the facility;
- (II) A description of the facility access controls;
- (III) A description of the waste screening measures used to prevent the management of unauthorized wastes. The waste screening measures may include specific waste testing procedures to verify that only authorized wastes are accepted at the facility;
- (IV) A description of the size, type and number and purpose of all solid waste management units and equipment. This information shall also include a description of the capacity of the solid waste management units and equipment in terms of how much waste can be transferred and treated per hour, day, month or year and the maximum quantity of wastes, both treated and untreated, that can be stored in each solid waste management unit;
- (V) A description of secondary containment systems and leak detection systems;
- (VI) A description of any surface water structures;
- (VII) A description of the on-site traffic control plan;
- (VIII) A description of the fire and other emergency protection measures;
- (IX) A description of the signs that will be posted to identify the facility, solid waste management units and equipment;
- (X) A description of the litter control program, including the frequency of waste collection to prevent the site from becoming unsightly;
- (XI) A description of the measures that will be taken at the site to control vectors and potential odors, dust, and noise that could occur as a result of the waste management activity;
- (XII) A description of the characterization and disposal of any wastes generated from any waste management processes;
- (XIII) A description of the methods used for characterization and disposal of wastewaters generated from cleaning solid waste management units and equipment;
- (XIV) A description of the confirmation sampling and analysis program used to verify that the wastes have been properly treated;
- (XV) Any other information necessary to demonstrate compliance with the design, construction and operating standards specified in Sections 4 and 5 of this chapter.
- (K) A detailed description of the environmental monitoring program including a description of the monitoring well location, design, construction and development. A description of the groundwater sampling program shall be provided including sampling frequency, test parameters, sampling procedures, test methods and quality control;
- (L) A description of how the facility will be closed, including the following information:
- (I) A description of the land use anticipated after closure;
- (II) A detailed description of the tasks to be completed in order to properly close the facility, including but not limited to the removal and proper management of the maximum amount of wastes, both treated and untreated, which may be stored at the facility, cleaning of all solid waste management units and equipment, and reclamation of the site;
- (III) A commitment to publish notice of closure to the public, if the facility is used by the general public;
- (IV) A detailed description of the environmental monitoring program during closure and the method and schedule by which the environmental monitoring systems will be abandoned;
- (V) The length of time that the closed facility will maintain access restrictions to prevent entry by the public and large animals;
- (VI) Any other information requested by the administrator to verify that an adequate closure has been accomplished.
- (iv) An original USGS map or aerial photograph of the area shall be submitted showing land ownership, land use and zoning within one-half mile of the facility, unless there is an incinerator at the waste management site, in which case the map or aerial photograph shall show land ownership, land use and zoning within one mile of the facility. The map or photograph shall be of sufficient scale to show all city boundaries, occupied dwellings, schools, hospitals, industrial buildings, water wells, water courses, roads and other applicable details and shall indicate the general topography;
- (v) A general facility plot plan at a scale not greater than 200 feet to the inch with five foot contour intervals, shall be submitted. If all waste management activities occur within a single building, a scaled floor plan can be used in lieu of a general facility plot plan. The general facility plot plan shall illustrate the following features:
- (A) Facility boundaries, including any buffer zones and fire lanes proposed between the solid waste permit boundary and the property boundary;
- (C) Working area/perimeter fence location;
- (D) Location of all solid waste management units and equipment;
- (E) Locations of any buildings to house equipment or for other uses;
- (F) The location of any surface water structures;
- (G) The location of environmental monitoring devices;
- (H) Any other facility features requested by the administrator.
- (vi) Cross sections and drawing details may be requested with sufficient specifications to describe:
- (A) The movement of wastes through the waste management facility, including the points at which process wastes are generated;
- (C) Solid waste management units and equipment;
- (D) Secondary containment structures and leak detection systems;
- (E) Surface water structures;
- (F) Environmental monitoring systems;
- (G) Any other design and construction details requested by the administrator.
- (vii) Blank copies of any logs, forms or reports used by the facility to comply with the recordkeeping requirements of Section 5 of this chapter, including a description of where these records will be located;
- (viii) The information to verify compliance with Chapter 7, Financial Assurance, including an estimate of 3rd-party costs associated with facility closure tasks and an appropriate financial assurance mechanism;
- (ix) Information describing compliance with standards for the transfer, treatment and storage of any special waste as provided in Chapter 8, Special Waste Management Standards;
- (x) If any of the permit application requirements of this subsection are not applicable to the facility, the application shall contain a written explanation as to why the requirement is not applicable.
(c) Permit application requirements for low hazard and low volume transfer, treatment and storage facilities, excluding mobile transfer, treatment and storage facilities : - (i) The permit application shall contain a completed permit application form. 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;
- (B) For corporations, at least two principal officers;
- (C) For a sole proprietorship or partnership, a proprietor or general partner, respectively;
- (iv) An original USGS map identifying the location of the facility. If the facility is located within a city or town, a map of the city or town may be used in lieu of an original USGS map;
- (viii) The information to verify compliance with Chapter 7, Financial Assurance, including an estimate of 3rd-party costs associated with facility closure tasks, and an appropriate financial assurance mechanism.
(d) Permit application requirements for mobile transfer, treatment and storage facilities : - (i) The permit application shall contain a completed permit application form. All permit application forms shall be signed by the operator. 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;
- (B) For corporations, at least two principal officers;
- (C) For a sole proprietorship or partnership, a proprietor or general partner, respectively.
- (iii) A written report shall be submitted containing the following information:
- (A) The name, address and telephone number of the operator of the facility to whom the permit would be issued, and a listing of any administrative order, civil or administrative penalty assessment, bond forfeiture, misdemeanor or felony conviction, or court proceeding, for any violations of any local, state or federal law relating to environmental quality or criminal racketeering, in which the applicant (including any partners in a partnership or executive officers in any corporation, if the applicant is a partnership or corporation) has been or is currently involved;
- (B) The name, address, and telephone number of the solid waste manager. A description of the basic training and examination program, to be used by the operator to assure compliance with the requirements of this chapter shall be included. The description shall include a specific listing of the training courses, and the required frequency of attendance of each course by the solid waste manager;
- (C) A detailed description of the facility design, construction and operating procedures, including the following information:
- (I) The service area (source of wastes) and the type of waste that will be managed at the facility;
- (II) A description of how access to the facility will be controlled. If access control will be determined on a site-by-site basis, the application shall contain a commitment to comply with the applicable design and construction and operating standards;
- (III) A description of the waste screening measures used to prevent the management of unauthorized wastes. The waste screening measures may include specific waste testing procedures to verify that only authorized wastes are accepted at the facility;
- (IV) A description of the size, type, number and purpose of all solid waste management units and equipment. This information shall also include a description of the capacity of the solid waste management units and equipment in terms of how much waste can be transferred and treated per hour, day, month or year and the maximum quantity of wastes (treated and untreated) that can be stored in each solid waste management unit;
- (V) A description of secondary containment structures and leak detection systems;
- (VI) A description of the fire and other emergency protection measures;
- (VII) A description of the signs that will be posted to identify the facility, solid waste management units and equipment;
- (VIII) A description of the litter control program, including the frequency of waste collection to prevent the site from becoming unsightly;
- (IX) A description of the measures that will be taken at the site to control vectors and potential odors, dust, and noise that could occur as a result of the waste management activity;
- (X) A description of the characterization and disposal of any wastes generated from any waste management processes, if the operator of the facility will be responsible for managing these wastes. If waste characterization and disposal procedures will be determined on a site-by-site basis, the application shall contain a commitment to comply with the applicable operating standard;
- (XI) A description of the methods used for characterization and disposal of wastewaters generated from cleaning the facility, if the operator of the facility will be responsible for managing these wastes. If wastewater characterization and disposal procedures will be determined on a site-by-site basis, the application shall contain a commitment to comply with the applicable operating standard;
- (XII) A description of the confirmation sampling and analysis program used to verify that the wastes have been properly treated, if the operator of the facility will be responsible for managing these wastes. If confirmation sampling and analysis procedures will be determined on a site-by-site basis, the application shall contain a commitment to comply with the applicable operating standard;
- (XIII) Any other information requested by the administrator which is necessary to demonstrate compliance with the design, construction and operating standards specified in Sections 4 and 5 of this chapter.
- (iv) Cross sections and drawing details may be requested with sufficient specifications to describe:
- (A) The movement of wastes through the facility, including the points at which process wastes are generated;
- (B) Solid waste management units and equipment;
- (C) Secondary containment systems and leak detection systems;
- (D) Any other design details requested by the administrator.
- (vii) Blank copies of any logs, forms or reports used by the facility to comply with the recordkeeping requirements of Section 5 of this chapter, including a description of where these records will be located;
- (ix) Information describing compliance with standards for the transfer, treatment and storage of any special waste as provided in Chapter 8, Special Waste Management Standards;
- (x) If any of the permit application requirements of this subsection are not applicable to the facility, the application shall contain a written explanation as to why the requirement is not applicable.
(e) Renewal application requirement : Renewal applications shall be submitted as required in Chapter 1, Section 2(e) or (j), and shall contain the following information: - (i) Each renewal application submitted in accordance with the requirements of subsection (a) of this section shall include a compilation of any available previous permit application materials and supplemental information updated and revised as necessary to describe any minor and major amendments and fulfill the information requirements specified in subsection (b), (c), or (d) of this section, except for Sections 2(b) (iii)(E) [surface ownership], 2(b)(iii)(F) [location standards], and 2(c)(iii)(I) [site suitability]. The applicant shall have the option to submit copies of only the updated and revised portion of the previous application, if the revised and updated pages are appropriately numbered and dated to facilitate incorporation into the previous permit document;
- (ii) Any necessary plan revisions for the upcoming permit renewal period. Any requests for approval of amendments which describe major changes in facility operation should be included;
- (iii) If necessary, detailed construction and operation specifications for the upcoming permit period; and
- (iv) A description of steps taken to mitigate or correct practices that have resulted in past operational deficiencies.
(f) Closure permit requirements : - (i) Closure applications shall be submitted as required in Section 2(a) of this chapter and shall contain the following information:
- (A) A permit application form signed in the manner described in Sections 2(b)(i) and 2(b)(ii) or 2(c)(i) of this chapter;
- (B) A copy of the pertinent materials from the approved permit application or approved renewal permit application, revised and updated as necessary, may be used to fulfill these requirements:
- (1) Environmental monitoring system information specified in subsection 2(b) (iii)(K);
- (2) Closure information specified in subsection 2(b) (iii)(L) of this section.
- (C) Information to verify compliance with Chapter 7, Financial Assurance, including an estimate of 3rd-party costs associated with the facility closure tasks and an appropriate financial assurance mechanism;
- (D) Information verifying compliance with the standards for the transfer, treatment or disposal of any special waste as provided in Chapter 8, Special Waste Management Standards;
- (E) If any of the closure permit application requirements of this subsection are not applicable to the facility, the application shall contain a written explanation as to why the requirement is not applicable.
(g) Permit terms : - (i) New permits will be issued for an eight (8) year term;
- (ii) Renewal permits will be issued for an eight (8) year term;
- (iii) All closure permits will be issued for a one (1) year term unless the administrator approves an extended closure period for good cause.
(h) Financial assurance requirement : Any operator of a transfer, treatment and storage facility or a low hazard and low volume transfer, treatment and storage facility subject to the financial assurance requirements of Chapter 7 shall provide and maintain adequate assurance of financial responsibility as specified therein, prior to issuance of a permit by the director.