020-3 Wyo. Code R. §§ 3-2 - Industrial Landfill Application Requirements

(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.

Notes

020-3 Wyo. Code R. §§ 3-2

Amended, Eff. 1/13/2023.