Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 18 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 18-6 - Location Standards

Current through July 13, 2024
All facilities shall demonstrate compliance with the
				  following applicable standards and criteria in the permit application:
(a) Placement above the uppermost aquifer:
				The criteria of
				40 CFR
				257.60 are incorporated by
				reference.
(b) Wetlands: The
				criteria of
				40 CFR
				257.61 are incorporated by
				reference.
(c) Fault areas: The
				criteria of
				40
				CFR 257.62 are incorporated by
				reference.
(d) Seismic impact
				zones: The criteria of
				40 CFR
				257.63 are incorporated by
				reference.
(e) Unstable areas: The
				criteria of
				40 CFR 257.64 are
				incorporated by reference.
(f) New
				facilities: New CCR landfills and surface impoundments shall not be located in
				violation of W.S. §
									
										35-11-502(c) or any of the
				following standards:
(i) Distance to other
				surface waters: CCR landfills and surface impoundments shall not be located
				within the ordinary high water mark of perennial rivers, streams, or creeks,
				except that surface impoundments not containing hazardous or toxic wastes may
				be located within the ordinary high water mark of intermittent rivers, streams,
				creeks, draws, coulees, or other natural drainages provided a by-pass ditch is
				installed capable of passing the 24-hour 100-year precipitation event. All
				other surface impoundments shall be protected from structural damage during the
				100-year flood event;
(ii) Local
				zoning ordinances: CCR landfill and surface impoundment locations shall not be
				in conflict with local zoning ordinances or land use plans that have been
				adopted by a county commission or municipality;
(iii) Public park or recreation area: CCR
				landfills and surface impoundments shall not be located within 1,000 feet of
				any public park or recreation area unless the facility is screened from view by
				natural objects, plantings, fences or other appropriate means;
(iv) Wild and Scenic Rivers Act: CCR landfill
				and surface impoundment locations shall not diminish the scenic, recreational
				and fish and wildlife values for any section of river designated for protection
				under the Wild and Scenic Rivers Act,
				16 U.S.C.
				1271 et seq., and implementing
				regulations;
(v) National Historic
				Preservation Act: CCR landfills and surface impoundments shall not be located
				in areas where they may pose a threat to an irreplaceable historic or
				archeological site listed pursuant to the National Historic Preservation Act,
				16 U.S.C.
				470 et seq. and implementing regulations, or
				to a natural landmark designated by the National Park Service;
(vi) Big game winter range: CCR landfills and
				surface impoundments shall not be located within critical winter ranges for big
				game unless, after consultation with the Wyoming Game and Fish Department, the
				Administrator determines that facility development would not conflict with the
				conservation of Wyoming's wildlife resources;
(vii) Avalanche areas: CCR landfills and
				surface impoundments shall not be located in documented avalanche-prone
				areas;
(viii) Hydrogeologic
				conditions: CCR landfills and surface impoundments shall not be located in an
				area where the Administrator, after investigation by the applicant, finds that
				there is a reasonable probability that CCR disposal will have a detrimental
				effect on surface water or groundwater quality or where the Administrator
				determines it is not possible to effectively monitor existing groundwater;
				and
(ix) Compliance with other
				standards: CCR landfills and surface impoundments that are also subject to
				regulation under Chapters 6 or 8 of these rules shall not be located in
				violation of the standards of those chapters.