Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0011 - Water Quality
Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS
Part E - CLOSURE REQUIREMENTS
Section 20-43 - Closure by Permittee
Universal Citation: WY Code of Rules 20-43
Current through September 21, 2024
A permittee intending to close a confined swine feeding operation shall notify the Division by certified mail. The notice of intended closure shall be given as soon as possible and at least 180 days before initiation of closure. Simultaneous notice shall be made by the permittee to the governing body of each locality and adjacent property owners within one (1) mile of the permitted operation by certified mail.
(a) Closure Plan Standards.
(i) Closure procedures shall be carried out
according to plans approved by the Administrator. A closure plan shall be
submitted concurrent with the notice of intended closure. In reviewing any
closure, the Administrator may require such modifications as may be deemed
necessary by the Administrator for the protection of human health and safety
and the protection of the environment.
(ii) The permittee shall close the facility
according to the closure plan. The post-closure monitoring period shall
continue for a minimum of three (3) years after the date of completing closure.
The minimum post-closure monitoring period shall be extended if the
Administrator determines it is needed to protect human health and safety or the
environment.
(b) Closure completed by the permittee shall provide for the following:
(i) Removal and disposal of all animal waste
materials.
(ii) Removal of all
structures, lagoons, and miscellaneous structures, not incorporated into an
approved post-closure use.
(iii)
Placement of topsoil and revegetation of the disturbed areas.
(iv) Any other requirement necessary to
protect human health and safety and the environment.
(c) The closure plan shall provide for the following post-closure activities:
(i)
Evaluation of the beneficial use of structures and other permit related
facilities not removed as part of the closure plan. Those facilities for which
there is not a documented beneficial use shall be removed and the affected
areas reclaimed.
(ii) Monitoring of
post closure site impacts on water quality, to include sampling, analysis, and
reporting.
(iii) Periodic
inspection by the permittee.
(iv)
Certification of final closure by the permittee.
(v) Any other requirement determined by the
Administrator necessary to protect human health and safety and the
environment.
(d) Closure inspection:
(i) After the permittee or other
responsible party has completed closure of the facility the Division shall be
so notified. The Division shall inspect all closed confined swine feeding
operations to determine if the closure is complete and meets the approved plan.
The Division shall provide written inspection results to the permittee after
the inspection. If the closure is not satisfactory, the Division shall specify
necessary steps to bring the site into compliance with closure requirements.
When the closure is satisfactory, the permittee or other responsible party
shall be so notified.
(ii)
Notification by the Division that the closure is satisfactory shall not act as
a waiver of any remedy under these regulations or under law that may be
available to the State of Wyoming. Such notification does not relieve the
permittee of responsibility for corrective action. Environmental problems
caused by the operation discovered anytime shall require corrective action by
the permittee. Corrective action shall be completed by the permittee according
to the regulations of the Division and other applicable laws, and
regulations.
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