020-1 Wyo. Code R. §§ 1-16 - Waste Management Surcharge
(a) Each Permittee
of a commercial waste incineration or disposal facility shall keep records of
all wastes received by the facility. Records shall consist of:
(i) A daily log of all wastes received by the
applicant by weight, source and content.
(ii) A daily record of payments made for
wastes received for disposal by source, including a first accounting of
invoices;
(iii) A daily record of
solid wastes removed from the facility and recycled or reused; and
(iv) A daily record of hazardous wastes
treated at the facility.
(b) In accordance with
W.S.
16-4-203(d)(v), records
supplied for purposes of verifying the surcharge payment shall be public record
unless the applicant can demonstrate to the Council, at the time of permitting,
that the information consists of trade secrets, privileged information, or
confidential commercial information. In such case, the applicant shall stamp as
"confidential" each page containing privileged information.
(c) Waste receipt and surcharge reporting
shall be on a quarterly basis through the use of monthly recapitulation sheets
of the daily records.
(d) In
accordance with
W.S.
35-12-113(g), the Permittee
shall remit the surcharge no later than the last day of the second month
following the end of the quarter. Failure to remit the full payment as required
by this section may constitute grounds for permit revocation in accordance with
W.S.
35-12-116, after notice and reasonable
opportunity to correct the failure.
(e) Upon a fourteen (14) day advance notice,
the Permittee shall allow audits by the Division, or its auditors. The
Permittee shall provide the Division access to all records and provide the
copying of all records dealing with compliance of the permit requirements and
payment of the waste management surcharge.
(f) Without advance notice, the Division or
its designated agent may inspect manifests for shipments to determine accuracy
of record keeping and weight scales.
(g) For audit purposes, all records required
by this section will be maintained a minimum of five years.
(h) All measuring devices utilized to
determine the surcharge payment shall be certified by the Wyoming Department of
Agriculture in accordance with
W.S.
40-10-117 through
40-10-123
and inspected and recertified annually.
(i) The waste management surcharge rate shall
be a minimum of $10 per short ton for non-hazardous wastes received and $25 per
short ton for hazardous waste. The Council may impose a higher rate at the time
of permitting or annually thereafter. The rate may also be lowered as long as
the surcharge remains at or above the minimum set in
W.S.
35-12-113(g). The Council
shall consider any of the following criteria as a basis for adjusting the
surcharge rate:
(i) National or regional cost
escalation for waste disposal;
(ii)
Level of short and long term liabilities and risk to public health, safety and
welfare.
(iii) Encouragement of the
use and demonstration of new and advanced technologies which benefit the
community and state;
(iv) Economic
benefits accruing to the local community from the facility, including but not
limited to, voluntary mitigation measures, employment opportunities, and
importance to the economic stability; or
(v) Utilization of waste reduction, recycling
and treatment practices at the origin of the wastes.
(j) The Council shall authorize a reduction
in the waste management surcharge rate to encourage recycling, reuse, or
treatment of hazardous wastes in accordance with
W.S.
35-12-113(g). To obtain the
credit, the Permittee must provide for removal and recovery of useful
components of the waste stream above the minimum required by
W.S.
35-11-508(a) (iii). For
hazardous wastes, the treatment process shall reduce the hazards and long-term
risks from the wastes above the minimum treatment processes required by rules
promulgated under the Environmental Quality Act. The Council may authorize a
credit at, or greater than, the minimum of
W.S.
35-12-113(g) if the Council
finds:
(i) Economic viability - where the
Permittee can demonstrate a recycling or treatment technology or method which
would not be economically viable through costs in excess of the minimum credit,
the Council may grant a higher credit to promote the technology or method, if
the Council determines the recycling or treatment technology or method
beneficial to the State.
(ii)
Economic development - the credit may be increased to broaden the local
economic base in the form of a subsidy to develop local recycling, reuse, or
treatment enterprises. This subsidy may only be approved to increase business
profitability in the growth years of the enterprise.
(k) Upon submittal of a permit application,
request for waiver, or annually after permit approval, the Director may require
the Permittee or applicant to provide cost data so that the Division may
evaluate the merits of a surcharge rate adjustment. The information requested
may include, but is not limited to:
(i)
Breakdown of operation costs.
(ii)
Breakdown of construction costs.
(iii) Breakdown of transportation
costs.
(iv) Current tipping
charges.
Notes
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