All facilities shall demonstrate compliance with the
following applicable standards and criteria in the permit application:
(a) Placement above the uppermost aquifer:
The criteria of
40 CFR
257.60 are incorporated by
reference.
(b) Wetlands: The
criteria of
40 CFR
257.61 are incorporated by
reference.
(c) Fault areas: The
criteria of
40
CFR 257.62 are incorporated by
reference.
(d) Seismic impact
zones: The criteria of
40 CFR
257.63 are incorporated by
reference.
(e) Unstable areas: The
criteria of
40 CFR 257.64 are
incorporated by reference.
(f) New
facilities: New CCR landfills and surface impoundments shall not be located in
violation of W.S. §
35-11-502(c) or any of the
following standards:
(i) Distance to other
surface waters: CCR landfills and surface impoundments shall not be located
within the ordinary high water mark of perennial rivers, streams, or creeks,
except that surface impoundments not containing hazardous or toxic wastes may
be located within the ordinary high water mark of intermittent rivers, streams,
creeks, draws, coulees, or other natural drainages provided a by-pass ditch is
installed capable of passing the 24-hour 100-year precipitation event. All
other surface impoundments shall be protected from structural damage during the
100-year flood event;
(ii) Local
zoning ordinances: CCR landfill and surface impoundment locations shall not be
in conflict with local zoning ordinances or land use plans that have been
adopted by a county commission or municipality;
(iii) Public park or recreation area: CCR
landfills and surface impoundments 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;
(iv) Wild and Scenic Rivers Act: CCR landfill
and surface impoundment 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 U.S.C.
1271 et seq., and implementing
regulations;
(v) National Historic
Preservation Act: CCR landfills and surface impoundments 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 U.S.C.
470 et seq. and implementing regulations, or
to a natural landmark designated by the National Park Service;
(vi) Big game winter range: CCR landfills and
surface impoundments shall not be located within critical winter ranges for big
game unless, after consultation with the Wyoming Game and Fish Department, the
Administrator determines that facility development would not conflict with the
conservation of Wyoming's wildlife resources;
(vii) Avalanche areas: CCR landfills and
surface impoundments shall not be located in documented avalanche-prone
areas;
(viii) Hydrogeologic
conditions: CCR landfills and surface impoundments shall not be located in an
area where the Administrator, after investigation by the applicant, finds that
there is a reasonable probability that CCR disposal will have a detrimental
effect on surface water or groundwater quality or where the Administrator
determines it is not possible to effectively monitor existing groundwater;
and
(ix) Compliance with other
standards: CCR landfills and surface impoundments that are also subject to
regulation under Chapters 6 or 8 of these rules shall not be located in
violation of the standards of those chapters.
