020-1 Wyo. Code R. §§ 1-2 - Permit Application Procedure

(a) Application requirements: Each application for a solid waste management facility permit shall contain information adequate to demonstrate compliance with the minimum standards for location, design and construction, operating, monitoring, closure and post-closure as specified in the applicable chapter of these rules. Permit application procedures are set out in W.S. § 35-11-502, except general permit procedures for closure of municipal solid waste landfills with less than thirty acres of municipal solid waste disposal area, which are set forth in Section 2(h) of this Chapter.

(b) Permit application format: For all permit applications, amendments, transfers, and one-time or emergency waste management authorizations, shall be submitted in a format approved by the Administrator. The information in the application shall be presented in an order that conforms to the order set forth in the applicable sections of these rules, unless the Administrator approves an alternate format for the organization of the application.

(i) For permit amendments, the application shall include a description of the amendment sought, including additional plates or drawings as necessary to completely describe the proposed amendment.

(ii) For resubmittal of permit applications or submittal of supplemental information, the applicant shall have the option to submit copies of only the updated and revised portion of the application, if the revised and updated pages and drawings are appropriately numbered and dated to facilitate incorporation into the previous permit document and the revisions are clearly identified using strike through and underline presentation of words unless the Administrator approves an alternate format.

(c) Public notice and comment: Each application for a new, renewal, or closure permit shall be submitted for public notice and comment as follows:

(i) Upon receipt of notification that the application has been determined to be complete, the applicant shall comply with the following requirements:

(A) Within fifteen days of being notified that the application is complete:

(I) Provide written notice to landowners with property located within a half mile of the site, using certified, return receipt requested mail for disposal facilities and first-class mail for other solid waste management facilities;

(II) Provide written notice to each member of the interested parties mailing list maintained by the Administrator, the mayor of each city or town within fifty miles of the proposed facility and to the county commission and any solid waste district for the county in which the potential facility is located, using first-class mail;

(III) Cause a written notice to be published once a week for two consecutive weeks in a newspaper of general circulation within the county where the applicant plans to locate the facility; and

(IV) Specific text for the written notice shall be provided to the applicant by the Administrator. The notice shall contain information about the permit application including the identity of the applicant, the proposed facility location and size, the wastes types intended for management, the method of waste management, and the operating life. The notice shall identify the last date for filing comments on the application;

(B) Provide the Administrator with documentation that the notice requirements of subsection (c)(i)(A) of this section have been followed. Documentation shall consist of copies of return receipt cards, publisher's affidavits and other documentation, as appropriate; and

(C) The public comment period shall begin on the first date of publication and shall end at 5:00 pm on the thirtieth day following the last date of publication.

(D) The Administrator may, at his or her discretion, conduct a public hearing on the application submission.

(ii) For each new, renewal, or closure permit application or any application for a major change, the Administrator shall issue a proposed permit following completion of the Administrator's permit analysis, unless the permit is denied pursuant to Section 4 of this Chapter. Upon receipt of a proposed permit, the applicant shall comply with the following requirements:

(A) Within fifteen days of receiving a proposed permit:

(I) Provide written notice to landowners with property located within a half mile of the site, the mayor of each city or town within fifty miles of the proposed facility, the local county commission and any solid waste district for the county in which the potential facility is located, using certified, return receipt requested mail for disposal facilities and first-class mail for other solid waste management facilities;

(II) Provide written notice to each member of the interested parties mailing list maintained by the Administrator using first-class mail;

(III) Cause a written notice to be published once a week for two consecutive weeks in a newspaper of general circulation within the county where the applicant plans to locate the facility; and

(IV) Specific text for the written notice shall be provided to the applicant by the Administrator. The notice shall contain information about the permit application including the identity of the applicant, the proposed facility location and size, the wastes types intended for management, the method of waste management, the operating life, and the Administrator's findings. The notice shall identify the period for filing objections to the application;

(B) Provide the Administrator with documentation that the notice and filing requirements of subsection (c)(ii)(A) of this section have been followed. Documentation shall consist of copies of return receipt cards, and publisher's affidavits or affidavits of personal delivery as appropriate.

(C) The public comment period shall begin on the first date of publication and shall end at 5:00 pm on the thirtieth day following the last date of publication.

(D) Any interested person may submit written objections no later than 5:00 pm Mountain Time on the last day of the public comment period. If substantial written objections are received by the Director, a public hearing will be held in accordance with W.S. § 35-11-502(k).

(d) Permit renewal applications:

(i) In addition to the following requirements, permit renewal applications are subject to the application procedures set forth in W.S. § 35-11-502 and subsections (a), (b), and (c) of this section.

(ii) The operator subject to solid waste management facility permit requirements shall provide the Administrator with a renewal application. The permit renewal application shall contain the information specified in the relevant chapter(s) of these rules and be submitted in accordance with the time frames specified.

(iii) Except for municipal solid waste landfills with lifetime permits, issued under Chapter 2 of these rules shall submit a permit renewal application no less than twelve months prior to the expiration of said permit unless a closure permit application has been submitted. Municipal solid waste landfills with lifetime permits shall submit a renewal application no later than three years prior to the expiration of the lifetime municipal solid waste landfill permit. The renewal application shall contain the information specified in the applicable chapter of these rules.

(e) Closure permit applications:

(i) In addition to the following requirements, closure permit applications are subject to the application procedures set forth in W.S. § 35-11-502 and subsections (a), (b), and (c) of this section.

(ii) The operator shall provide the Administrator with a closure permit application if required by the applicable chapter of these rules in accordance with the time frames specified therein.

(iii) Anticipated closure: The operator of a facility with a valid permit shall submit a closure permit application to the Administrator no less than twelve months prior to the anticipated facility closure.

(iv) Unanticipated closure: In the event any solid waste management facility ceases operation, as determined by nonreceipt of solid wastes for any continuous nine month period or any continuous one year period for landfarm facilities or petroleum-contaminated soils land treatment facilities, the facility operator shall provide written notification to the Administrator no later than thirty days after the end of such nine month (or one year) period. This notification shall be accompanied by a closure permit application unless the Administrator approves interim measures with delayed final closure for good cause upon application by the operator.

(f) Variance application procedure for location standards specified in W.S. § 35-11-502(c):

(i) For solid waste disposal facilities which do not meet the location standards specified in paragraphs (i) through (iv) of W.S. § 35-11-502(c), the applicant may apply to the Director for a variance from the standards by submitting a written variance application. The variance application shall contain the following information:

(A) For proposed facilities which do not meet the location standards for proximity to towns, schools or any occupied dwelling house in W.S. § 35-11-502(c)(i) or (ii), the applicant shall:

(I) Present an analysis of additional traffic which would result from the proposed facility, and demonstrate that additional traffic caused by operation of a disposal facility will not pose a safety threat to the public;

(II) Demonstrate that the operation of the proposed facility will not present odor, dust, litter, insect, noise, health (human and animal) or aesthetic problems, and will not present a public nuisance by its proximity to the town, schools or dwellings. This demonstration may be made through analysis of the facility design and operation practices; and

(III) Provide design features and monitoring specifications used to preclude methane migration from affecting any buildings within one mile of the proposed facility, if the facility is used for the disposal of wastes which may form methane as a decomposition product.

(B) For proposed facilities which do not meet the location standard for proximity to, and visual screening from, state or federal highways in W.S. § 35-11-502(c) (iii), the applicant shall provide information describing how the design and operation of the facility will minimize visual impacts to the highway(s).

(C) For proposed facilities, excluding incinerators, which do not meet the location standard for proximity to water wells in W.S. § 35-11-502(c)(iv), the applicant shall provide:

(I) A detailed description of the site's geologic and hydrologic characteristics, supported by data from on-site soil borings and groundwater monitoring wells;

(II) A detailed description of the proposed facility's containment system (cap and liner systems) and surface water diversion structures;

(III) A detailed description of the groundwater monitoring program (including location of wells, sampling frequency and sampling parameters) which would be instituted when the facility begins operations; and

(IV) An analysis of the potential for contaminants which may leak from the disposal facility to adversely affect the nearby water well(s). This analysis may be in the form of contaminant transport modeling results, an evaluation of hydrologic conditions or aquifer properties, or other applicable information.

(D) In addition to the other information requested in this subsection, all variance applications made under this subsection shall be accompanied by the following information:

(I) The proposed size of the facility;

(II) The name, address and telephone number of the applicant;

(III) The legal description of the property;

(IV) A detailed description of the facility which includes information on the amount, rate (tons per day), type (including chemical analyses if other than household refuse) and source of incoming wastes, a narrative describing the facility operating procedures, and the estimated site capacity and site life;

(V) The names and addresses of the property owners of all lands within one mile of the proposed facility boundary;

(VI) A USGS topographic map (scale of 1:24,000 or 1: 62,500) which shows the boundaries of the proposed landfill site or other suitable topographic map may be submitted if a 1:24,000 map is unavailable; and

(VII) Information sufficient to evaluate the conditions specified in paragraph (i)(ii) of this section.

(ii) In granting any variance as provided by this paragraph, the Director shall issue written findings that the variance will not injure or threaten to injure the public health, safety, or welfare. The Director shall only make such a finding if the evidence presented in the application and obtained at a public hearing demonstrates that:

(A) There are no available alternative locations which meet the location standards to meet the disposal needs of the applicant, within a reasonable distance of the boundary of the service area of the facility;

(B) It is not possible to use existing facilities owned by another person within a reasonable distance of the boundary of the service area of the facility; and

(C) Special or unique conditions or circumstances apply to the applicant and justify granting the variance.

(iii) In granting any variance the Director shall condition the variance such that it applies only to the facility described in the application. Changes to the facility size, type or source of waste, rate at which waste is received, or any other aspect of the facility may render the variance invalid as determined by the Director.

(iv) The Administrator shall review the variance application within ninety days of the receipt of the application. If the application is incomplete or technically inadequate, the Administrator shall so advise and state in writing to the applicant the information required. Additional information submitted in response to any deficiency notification shall be reviewed by the Administrator within ninety days.

(v) If the application is complete and technically adequate the Administrator shall provide draft findings and recommendations to the Director and the applicant. The draft findings shall state whether or not the Administrator has found that the variance will not injure or threaten to injure the public health, safety or welfare and the basis for the draft findings.

(vi) Unless a delay is requested by the applicant, the Director shall schedule a public hearing on the draft findings within forty-five days. Notice of the hearing shall be published at least thirty days prior to the date of the hearing. Notice shall be published once a week for two consecutive weeks in a paper of general circulation within the county where the facility is located. The notice shall contain the identity of the applicant, summary information on the variance application, the location where the public can view copies of the application and the Administrator's review, the Administrator's draft decision regarding granting or denying the variance application, and the date, time and location of the hearing.

(vii) A public comment period shall begin on the first date of publication and shall end at the conclusion of the hearing. The Director shall make a final decision regarding the variance within sixty days from the date of the hearing.

(g) Permit application procedures for low hazard or low volume treatment, processing, storage, and transfer facilities:

(i) The Administrator shall conduct a completeness and technical review of each application submittal within thirty days of receipt of the application. If the Administrator deems the application incomplete or technically inadequate, the Administrator shall so advise and state in writing to the applicant the information required.

(ii) Public notice for low hazard or low volume facilities: For each new low hazard or low volume treatment, processing, storage, and transfer facility permit application or application for a major amendment to an existing facility permit, the Administrator shall issue a proposed permit following completion of the Administrator's permit analysis, unless the permit is denied pursuant to Section 4 of this Chapter. Upon receipt of a proposed permit the applicant shall within fifteen days:

(A) Cause a written notice to be published once a week for two consecutive weeks. If the facility is mobile, notice shall be published in a newspaper of general circulation within the state. If the facility is not mobile, notice shall be published in a newspaper of general circulation within the county where the applicant plans to locate the facility. Specific text of the notice shall be provided to the applicant by the Administrator. The notice shall contain information about the permit application including the identity of the applicant, the proposed facility service area, location, if not mobile, size, the waste types intended for management, the method of waste management, the operating life, and the Administrator's findings. The notice shall identify the period for filing objections to the application;

(B) If a fixed facility, notify adjacent landowners by first-class mail; and

(C) Provide the Administrator documentation that the notice requirements of this subsection have been followed, including copies of the publisher's affidavits and sworn statement.

(iii) The public comment period shall begin on the first date of publication and shall end at 5:00 pm on the thirtieth day following the last day of publication of the notice.

(iv) Any interested person may submit written objections no later than 5:00 pm on the last day of the public comment period. If substantial written objections are received by the Director within the public comment period a public hearing will be held in accordance with W.S. § 35-11-502(k).

(v) Low hazard or low volume permit issuance: If documentation has been received that the public notice requirements of this section have been met and no substantial objections are received, the Director shall issue an operating permit or within thirty days.

(vi) The operator of a facility with a valid operating permit issued under this subsection, shall submit a permit renewal application no later than 180 days prior to the expiration of said permit unless a closure permit application has been submitted. The renewal application shall contain the information specified in the applicable chapter of these rules.

(h) General Closure Permit for Municipal Solid Waste Landfills:

(i) A general closure permit shall apply to the closure and post-closure activities for municipal solid waste landfills with less than thirty acres of municipal solid waste disposal area.

(ii) Notice of intent for coverage under a general permit shall be made on forms provided by the Department which require a signature of agreement by the applicant to abide by all conditions of the permit.

(iii) All activities shall meet the standards of Chapter 2 of these rules.

(iv) All notice of intent for coverage forms shall be prepared under the supervision of a professional engineer licensed in the State of Wyoming. All notice of intent for coverage forms shall be stamped, signed and dated by a professional engineer. In addition, all portions of the notice of intent for coverage which require geological services or work shall be stamped, signed and dated by a professional geologist licensed in the State of Wyoming.

(v) All notices of intent for coverage under a general permit shall be processed as follows:

(A) The Administrator shall review each notice of intent or resubmittal within sixty days from the date the notice of intent or resubmittal is received.

(B) The Administrator may request additional information if it is determined that the information is inadequate to satisfy the requirements of these rules.

(C) The Department shall issue an Authorization of Coverage within thirty days of finding that the notice of intent or resubmittal is complete.

(D) No closure or post-closure activities shall commence until a written Authorization of Coverage under the general closure permit has been received from the Department.

(vi) Authorizations of Coverage for municipal solid waste landfills shall be issued through the end of the post-closure period specified in Chapter 2 of these rules and shall be extended until the Administrator determines, upon petition by the operator accompanied by submission of relevant information, that the facility has been adequately stabilized in a manner protective of human health and the environment. Petitions to terminate the post-closure period shall include certification from a Wyoming licensed professional engineer that post-closure care has been completed in compliance with the approved post-closure plan and in a manner protective of human health and the environment. No renewals of Authorizations of Coverage shall be required.

(vii) The general permit shall be developed pursuant to the permit issuance procedures of W.S. § 35-11-502(j), (k), and (m).

Notes

020-1 Wyo. Code R. §§ 1-2

Amended, Eff. 1/3/2017. Amended, Eff. 9/27/2021.