Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0009 - Solid Waste Management
Chapter 3 - INDUSTRIAL LANDFILL REGULATIONS
Section 3-2 - Industrial Landfill Application Requirements
Universal Citation: WY Code of Rules 3-2
Current through September 21, 2024
(a) Permit transition: The following rules concerning permit application submittals under Chapter 1 of these rules shall apply.
(i)
Existing industrial landfills that do not have a lifetime permit and intend to
continue disposal of industrial solid waste after the effective date of this
Chapter, shall submit a permit application under this Chapter no later than
twelve months prior to the expiration date of the facility's existing permit
unless an alternate schedule is approved by the Administrator for good
cause.
(ii) Existing industrial
landfills that do not have a lifetime permit and intend to cease disposal of
all industrial solid waste before obtaining a lifetime permit, shall submit a
closure permit application no later than twelve months prior to the expiration
date of the facility's existing permit or the date the facility is anticipated
to cease disposal of industrial solid waste, whichever comes first, unless an
alternate schedule is approved by the Administrator for good cause.
(b) Permit application requirements:
(i) Permit applications for new
facilities and renewal permit applications shall contain a completed
application form and a written report containing the applicable information in
Sections 3 through
18 of this Chapter, and shall meet all
applicable standards. Records and supporting documents such as well logs, maps,
cross-sections, and monitoring reports shall be supplied as
appendices.
(ii) All permit
application forms shall be completed in accordance with W.S. §
35-11-506 of the Act and signed by
the operator, the landowner, and any real property lienholder of public record.
Applications submitted by a municipality, state, federal or other public
agency, shall be signed by the head of the agency or ranking elected
official.
(iii) Where the applicant
for an existing industrial landfill for disposal of solid wastes associated
with oil and gas production holds a legal interest of record entitling dominant
use of the site surface for purposes related to oil and gas production, but
another party or parties share common ownership in the site surface rights and
consent from all such surface landowners cannot be obtained as required in
(b)(ii) above, the Administrator may approve the application if, in lieu of
surface landowner consent, if the Administrator finds:
(A) The applicant has identified all parties
sharing common ownership of record in the site surface rights and has made all
reasonable efforts to directly notify each party of the application, obtain
their consent for it, and inform them of their right to review by the
Environmental Quality Council in the event the Department approves the
application without their consent;
(B) The landfill will be used only for
disposal of non-hazardous wastes associated with oil and gas production
activities at the site;
(C) The
application and plans demonstrate that the landfill will be closed and
reclaimed in a manner that restores the surface to its prior
usefulness;
(D) The applicant has
provided a bond in an amount sufficient to serve the purpose specified in W.S.
§
35-11-416, where
appropriate;
(E) The applicant has
provided an affidavit stating that it will be solely responsible for disposed
solid wastes at the landfill and will protect non-consenting surface owners
from liability under 42
U.S.C. §
9607 (CERCLA) or other
applicable laws.
(iv) All
permit applications shall be prepared under the supervision of a Wyoming
licensed professional engineer. All permit application forms shall be stamped,
signed, and dated by a Wyoming licensed professional engineer. In addition, all
portions of the permit application that require geological services shall be
stamped, signed, and dated by a Wyoming licensed professional
geologist.
(c) Permit terms:
(i) Permits for new industrial
landfills will be issued for the operating life of the facility through
post-closure.
(ii) Renewal permits
for existing industrial landfills will be issued for the operating life of the
facility through post-closure.
(iii) Closure permits will be issued for a
period that includes the time required to complete closure activities and the
minimum post-closure period specified at Section
12 of this Chapter. The closure permit 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. If, following receipt of
documentation from the operator, the Administrator determines that all closure
and post-closure activities have been completed and closure is protective of
human health and the environment, the permit shall be terminated as specified
in Chapter 1 of these rules.
(d) Permit amendments:
(i) All amendments shall comply with the
location, design and construction, operating, monitoring, and closure standards
of the applicable chapters of these rules. No amendment shall be implemented by
the operator without the prior written authorization of the
Administrator.
(ii) The operator
shall submit the proposed amendment in a format approved by the Administrator
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.
(A) Minor permit
amendments will be processed in accordance with Chapter 1, Section
3 of these rules.
(B) 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 drawings that are fully formatted and numbered for insertion into
the permit application.
(I) The Administrator
shall review major permit amendment applications for completeness in accordance
with W.S. §
35-11-502(e) and
(f). After the application is determined
complete, the applicant shall give written notice of the application as
required in Chapter 1, Section
2(c)(i) of these
rules.
(II) The Administrator shall
determine whether a proposed permit amendment complies with applicable
standards and is suitable for publication under W.S. §
35-11-502(h). The
applicant shall provide written notice of a proposed permit amendment as
specified in Chapter 1, Section
2(c)(ii) of these
rules.
(III) The Director shall
render a decision on the major permit amendment in accordance with W.S. §
35-11-502(k) and
(m).
(e) Closure permit application requirements: Closure permit applications shall include information to demonstrate compliance with the requirements in Section 12 of this Chapter and include a narrative describing the site operating history including the dates of operation, the disposal methods used, and the types and amounts of solid waste accepted, a final contour map, and information demonstrating compliance with the closure standards in Chapters 6, 7, and 8, as applicable.
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