reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 7 - VERY RARE OR UNCOMMON AREAS › Section 7-4 - Initiation of Proceedings

Current through July 13, 2024
(a) Any person may
				file a petition to remove an existing designation. The petition shall contain
				the following:
(i) The name, address, phone
				number, and email address for the petitioner;
(ii) The location by legal description,
				including section, township, and range, of the area the petitioner is proposing
				to be removed;
(iii) The names, if
				any, by which an area is locally known;
(iv) The distance from the area to the
				nearest city or town;
(v) The
				county in which the area is located;
(vi) An original U.S. Geological Survey
				topographic map showing the area reflecting the surface land ownership pattern
				(private, state, federal) in the area;
(vii) A list of the names and addresses of
				the surface and mineral owners whose lands are included within the area
				proposed for removal with a description of the ownership interest of each
				surface and mineral owner including a legal description of the lands in which
				each person has an interest;
(viii)
				A concise statement of the reasons for the removal including an explanation of
				the substantial change in circumstances that has occurred since
				designation;
(ix) A description of
				the current and historical land use in the area;
(x) A list of any special designations or
				descriptions of the area made by other governmental agencies, including, but
				not limited to, designations by the Department of Interior, Bureau of Land
				Management, or Office of Surface Mining, designations by the U.S. Fish and
				Wildlife Service, and designations by the Wyoming Department of Game and
				Fish;
(xi) The names and addresses
				of all expert witnesses whose work or whose testimony may be offered by the
				petitioner to support the petition;
(xii) The names and addresses of the surface
				owners of lands contiguous to the area proposed for removal; and
(xiii) A list of any scientific documents to
				be offered by the petitioner to support the petition that discuss the area to
				be removed.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 7 - VERY RARE OR UNCOMMON AREAS › Section 7-5 - Hearing and Notice

Current through July 13, 2024
(a) The Council
				shall:
(i) Set the time, date, and location
				of a hearing on the petition, and
(ii) Schedule the hearing within the county
				in which the lands or a major portion thereof are located.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 7 - VERY RARE OR UNCOMMON AREAS › Section 7-6 - Decision

Current through July 13, 2024
(a) The Council may
				direct the petitioner, the Council's staff, or others to analyze the oral and
				written comments.
(b) An analysis
				of comments shall be in writing, submitted at a time to be set by the Council,
				and be a part of the record. The analysis may include recommendations to modify
				the petition.
(c) The Council shall
				issue a written decision. The decision may be to grant or deny the petition.
				The Council shall issue a written order stating the reasons for the
				decision.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 7 - VERY RARE OR UNCOMMON AREAS › Section 7-7 - Criteria for Removal

Current through July 13, 2024
(a) In considering
				removing designations, the Council shall follow a two-tiered review process.
				First, the Council shall determine whether the area is no longer eligible for
				designation by virtue of the existence of one or more of the particular values
				specified in the statute. Secondly, the Council must determine whether any
				particular value that was previously found to exist either no longer exists or
				is no longer very rare or uncommon.
(b) For an area to be eligible for removal,
				the Council must make an initial finding that the area at issue no longer
				possesses particular historical, archaeological, wildlife, surface geological,
				botanical or scenic value. For purposes of making the initial finding, or
				refusing to make the initial finding, the Council shall consider the
				significance and the weight of all specifically identified factors that are set
				forth in these criteria.
(c) For
				purposes of determining whether an area of the State may be considered to have
				particular historical, prehistorical, or archaeological value the Council shall
				consider the following factors:
(i) Whether
				the area is mentioned prominently in historic journals or other historic
				literature;
(ii) Whether the area
				is important because it is associated with cultural or religious traditions and
				practices;
(iii) Whether the area
				has received designation pursuant to state or federal laws that provide for
				special protection and management due to outstanding historic or prehistoric
				values such as national historic landmarks, national historic sites, or the
				National Register of Historic Places; or
(iv) Whether the area contains buildings,
				structures, artifacts, or other features that are significant in the history or
				prehistory of the state.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 7 - VERY RARE OR UNCOMMON AREAS › Section 7-8 - Witnesses

Current through July 13, 2024
(a) Any person may comment on a proposed
				designation, modification, or termination either by appearing at the hearing
				and entering comments into the record orally, or by submitting written comments
				within a time period set by the Council.
(b) Witnesses submitting testimony in writing
				shall submit one (1) copy, and are requested to submit 8 copies, of their
				complete testimony to the Council.
(c) Witnesses will not be cross-examined
				except by the Council, the Council's staff, or other persons designated by the
				Council.
(d) Whenever the Council
				allows testimony to be submitted in writing, the testimony shall be considered
				to be timely filed if it is received in the office of the Environmental Quality
				Council by the end of the business day on the date set by the Council. Late
				submittals shall not be considered by Council members unless the Council votes
				to reopen the record.
(e) Witnesses
				may be called by the Council, and expenses of these witnesses will be paid by
				the Council.
(f) The Council may
				impose time limitations on oral presentations at hearings.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 7 - VERY RARE OR UNCOMMON AREAS › Section 7-9 - Record

Current through July 13, 2024
The hearing proceedings including all testimony shall be
				  reported verbatim stenographically or by other appropriate means determined by
				  the Council. A copy of the proceedings will be furnished to any person upon
				  written request and the payment of a reasonable fee. If a person elects to have
				  the hearing transcribed by a certified court reporter, he or she must make the
				  necessary arrangements and bear the cost thereof.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 7 - VERY RARE OR UNCOMMON AREAS › Section 7-10 - Decision

Current through July 13, 2024
(a) The Council, in its discretion, may
				direct the petitioner, the Council's staff, or others to analyze the oral and
				written comments.
(b) An analysis
				of comments shall be in writing, shall be submitted at a time to be set by the
				Council, and shall be a part of the record of the designation proceedings. The
				analysis may include recommendations to modify the petition to
				designate.
(c) The Council shall
				issue a written decision. The decision may be to designate all or a portion of
				the area or to deny the petition. The Council shall issue a written statement
				of reasons for the decision.
(d)
				The petitioner shall be served with a copy of the Council's decision and
				statement of reasons.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 7 - VERY RARE OR UNCOMMON AREAS › Section 7-11 - Criteria for Designation

Current through July 13, 2024
(a) In considering
				designations, the Council shall follow a two-tiered review process. First, the
				Council must determine whether the area is eligible for designation by virtue
				of the existence of one or more of the particular values specified in the
				statute. Secondly, the Council must determine whether any particular value that
				is found to exist is very rare or uncommon.
(b) For an area to be eligible for
				designation, the Council must make an initial finding that the area at issue
				possesses particular historical, archaeological, wildlife, surface geological,
				botanical or scenic value. For purposes of making the initial finding, or
				refusing to make the initial finding, the Council shall consider the
				significance and the weight of all specifically identified factors that are set
				forth in these criteria.
(c) For
				purposes of determining whether an area of the State may be considered to have
				particular historical, prehistorical, or archaeological value the Council shall
				consider the following factors:
(i) Whether
				the area is mentioned prominently in historic journals or other historic
				literature;
(ii) Whether the area
				is important because it is associated with cultural or religious traditions and
				practices;
(iii) Whether the area
				has received designation pursuant to state or federal laws that provide for
				special protection and management due to outstanding historic or prehistoric
				values such as national historic landmarks, national historic sites, or the
				National Register of Historic Places; or
(iv) Whether the area contains buildings,
				structures, artifacts, or other features that are significant in the history or
				prehistory of the state.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 8 - SMALL BUSINESS VOLUNTARY DISCLOSURE INCENTIVE › Section 8-1 - PURPOSE

Current through July 13, 2024
This Rule sets forth the requirements for waiving penalties
				  against small businesses that voluntarily disclose environmental non-compliance
				  to the Department or discover violations through compliance assistance or
				  outreach seminars, and then, correct those violations in accordance with this
				  rule. It is the Department's objective to provide small businesses with an
				  incentive to approach the agency for assistance by reducing the fear of
				  penalties.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 8 - SMALL BUSINESS VOLUNTARY DISCLOSURE INCENTIVE › Section 8-2 - DEFINITION OF A SMALL BUSINESS

Current through July 13, 2024
(a) A small
				business includes any person, as defined in W.S. §
									
										35-11-103(vi), with 100 or
				fewer employees in all of its facilities or operations, whether located in or
				outside of the State of Wyoming, except that:
(i) Businesses seeking a penalty waiver for
				air quality violations under Article 2 of the Environmental Quality Act, W.S.
				§§
										
											35-11-201 through 212, must meet the
				definition of a small business stationary source found in W.S. §
										
											35-11-209 and cannot be a major source of
				hazardous pollutants under W.S. §
										
											35-11-203(a)(i)(B);
(ii) Businesses regulated under Article 5 of
				the Environmental Quality Act, W.S. §§
										
											35-11-501 through 520, are not entitled to a
				penalty waiver under this rule for violations of W.S. §§
										
											35-11-501 through 520 if they are a large
				quantity generator or are classified as a treatment, storage or disposal
				facility under the state hazardous waste regulations; and
(iii) Businesses under control or ownership
				of a large parent organization that does not qualify under this rule, are not
				small businesses.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 8 - SMALL BUSINESS VOLUNTARY DISCLOSURE INCENTIVE › Section 8-3 - QUALIFICATIONS FOR PENALTY WAIVER

Current through July 13, 2024
(a) The Department
				will not seek civil penalties from a small business that voluntarily discloses
				in writing to the Department non-compliance with the Act, any rule, regulation
				or standard promulgated under the Act, within 60 days of discovering the
				violation, provided that the business has corrected the violation or corrects
				the violation in accordance with a compliance schedule approved by the
				Department. The burden will be on the business to demonstrate that it has
				disclosed the violation within 60 days of discovery. If the business is unable
				to correct the violation within 180 days or violates a compliance schedule
				issued by the Department establishing a shorter period for correcting the
				violation, the business will no longer qualify for the penalty waiver. Upon
				good cause shown by the small business, the Director may grant an extension of
				the deadline for correcting the violation.
(b) The Department will not seek civil
				penalties from a small business that has made a good faith effort to operate in
				compliance prior to discovery of the violation, as evidenced by a request for
				compliance assistance from the Department or attendance at one or more
				compliance assistance seminars;
and
as evidenced by
				prompt correction of any violations discovered through such efforts and
				implementation of good environmental management practices. To qualify for the
				waiver, the business must document its participation in compliance assistance
				or outreach seminars and the steps it has taken as a result to improve
				compliance or correct the violations. In the event that the Department believes
				the small business needs to take further steps to correct a violation, the
				Department shall issue a compliance schedule. The small business must meet the
				requirements of the compliance schedule to maintain the penalty
				waiver.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 8 - SMALL BUSINESS VOLUNTARY DISCLOSURE INCENTIVE › Section 8-4 - EXCEPTIONS TO PENALTY WAIVER

Current through July 13, 2024
(a) The penalty
				wavier is unavailable if:
(i) The Department
				has previously issued a warning letter, a notice of violation or taken other
				enforcement action against the small business for violation of the same
				standard disclosed to the Department;
(ii) The small business has been subject to
				three or more enforcement actions for any non-compliance of environmental
				regulations within the last 5 years;
(iii) The small business violates a
				Department permit or order of the Council;
(iv) The small business is under
				investigation for any violation of the Act at the time it discloses the
				violation to the Department, seeks compliance assistance from the Department or
				participates in an outreach seminar;
(v) The violation involves criminal
				conduct;
(vi) The violation results
				in a significant economic advantage for the business;
(vii) The violation was committed
				willfully;
(ix) The violation
				presents a significant threat or imminent and substantial endangerment to
				public health or the environment;
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 8 - SMALL BUSINESS VOLUNTARY DISCLOSURE INCENTIVE › Section 8-5 - MANDATORY DISCLOSURE

Current through July 13, 2024
Notwithstanding Sections
				  1 through
				  4 above, disclosure of a violation is
				  mandatory and not subject to a penalty waiver under this rule when the
				  Environmental Quality Act, any rule, regulation, standard, federal law or
				  regulation, local ordinance, order of the Council or any court, or any
				  Department permit requires reporting of the violation to the
				  Department.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 8 - SMALL BUSINESS VOLUNTARY DISCLOSURE INCENTIVE › Section 8-6 - LIMITATIONS OF THE RULE

Current through July 13, 2024
(a) Nothing in this
				rule diminishes the Department's authority to conduct investigations,
				investigate complaints, or to issue notices of violation and orders under
				Article 7 of the Environmental Quality Act, W.S. §
									
										35-11-701, or to seek injunctive relief under
				W.S. §
									
										35-11-115 or Article 9 of the Environmental
				Quality Act, W.S. §§
									
										35-11-901 through 904.
(b) Nothing in this rule prohibits a small
				business that otherwise qualifies for a penalty waiver from declining to
				exercise the waiver and allowing the Department to seek a penalty.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 9 - DIRECTOR REVIEW OF ACTIONS INVOLVING SURFACE COAL MINING OPERATIONS AND ALL HEARINGS BEFORE THE DEPARTMENT › Section 9-1 - Scope

Current through July 13, 2024
This Chapter shall apply to any hearings, informal
				  conferences, or review before the Department, the Director, an Administrator,
				  or any combination thereof. This Chapter does not apply to rulemaking hearings,
				  contested case hearings, or other hearings before the
				  Council.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 9 - DIRECTOR REVIEW OF ACTIONS INVOLVING SURFACE COAL MINING OPERATIONS AND ALL HEARINGS BEFORE THE DEPARTMENT › Section 9-2 - Requests for Informal Conferences Involving Surface Coal Mining Operations

Current through July 13, 2024
(a) Unless
				otherwise specified in the Wyoming Environmental Quality Act, and in accordance
				with W.S.
				35-11-406, a request for an informal
				conference shall be in writing and, at a minimum, contain:
(i) The name(s) and contact information of
				the person requesting the informal conference;
(ii) A brief statement identifying the
				purpose of the request;
(iii) A
				brief statement of the issues to be discussed or details supporting the written
				objection to the application for the surface coal mining operation;
(iv) A brief statement on whether the person
				desires the informal conference to be held in the locality of the proposed
				mining operation; and
(v) A brief
				statement on whether the person desires access to the proposed permit
				area.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 9 - DIRECTOR REVIEW OF ACTIONS INVOLVING SURFACE COAL MINING OPERATIONS AND ALL HEARINGS BEFORE THE DEPARTMENT › Section 9-3 - Requests for Informal Disposition Conferences and Conferences to Review Notices for Abatement and Cessation Orders Involving Surface Coal Mining Operations

Current through July 13, 2024
(a) Unless
				otherwise specified in the Wyoming Environmental Quality Act, and in accordance
				with W.S.
				35-11-437, a request for the Director or his
				authorized representative to review and affirm, modify, vacate, or terminate a
				notice for abatement or cessation order shall be in writing and, at a minimum,
				contain:
(i) The name(s) and contact
				information of the person requesting the affirmation, modification, vacation,
				or termination of the notice for abatement or cessation order;
(ii) If applicable, the permit
				number;
(iii) A copy of the notice
				for abatement or cessation order; and
(iv) A brief statement identifying whether
				the person is requesting affirmation, modification, vacation, or termination of
				the notice or order, the facts on which that request is based, the reasoning
				for the request, and reference to any applicable statutes, rules, or orders
				supporting the request.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 9 - DIRECTOR REVIEW OF ACTIONS INVOLVING SURFACE COAL MINING OPERATIONS AND ALL HEARINGS BEFORE THE DEPARTMENT › Section 9-4 - Requests for Hearings Before the Department

Current through July 13, 2024
(a) Requests for
				hearings in accordance with Section
				1 of this chapter before the Department, the
				Director, an Administrator, or any combination thereof provided for under the
				Wyoming Environmental Quality Act shall be in writing and contain:
(i) The name(s) and contact information of
				the person(s) requesting the hearing;
(ii) A brief statement identifying the
				purpose of the request; and
(iii) A
				brief statement of the issues to be discussed.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 9 - DIRECTOR REVIEW OF ACTIONS INVOLVING SURFACE COAL MINING OPERATIONS AND ALL HEARINGS BEFORE THE DEPARTMENT › Section 9-5 - General Procedures for Hearings Before the Department

Current through July 13, 2024
(a) The Department
				shall designate a presiding officer for the hearing. The presiding officer
				shall adopt whatever procedures are reasonable and necessary for the conduct of
				the hearing.
(b) Unless otherwise
				stated in statute, such hearings are non-adversarial in nature and require no
				pleadings. Any interested persons shall be given the opportunity to appear and
				make their views known to the Department. Oral and written statements may be
				presented without regard to the rules of evidence.
(c) No cross-examination is permitted, but
				persons appearing to make statements or present information may answer
				questions from or through the presiding officer. Questions for the person
				appearing to make statements or present information may be submitted to the
				presiding officer orally or in writing, and the presiding officer may direct
				appropriate questions to the person presenting. The presiding officer may limit
				the questioning and length of oral statements in the interest of conducting the
				hearing in an efficient and orderly manner.
(d) The Department may record the meeting by
				audio recording or court reporter and shall make any such recording available
				to all participants.
(e) The
				Department shall designate a location for any hearing before the Department and
				may provide an opportunity for interested persons to attend a hearing
				remotely.
(f) At the conclusion of
				the hearing, the Department shall issue:
(i) A
				written statement of any action taken or decisions rendered as a result of the
				hearing, if applicable; and
(ii) A
				notice of any available appeal to the Director or to the Council.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 9 - DIRECTOR REVIEW OF ACTIONS INVOLVING SURFACE COAL MINING OPERATIONS AND ALL HEARINGS BEFORE THE DEPARTMENT › Section 9-6 - Hearing Notice

Current through July 13, 2024
(a) Unless
				otherwise specified in the Wyoming Environmental Quality Act, the Department
				shall provide written notice by email or regular mail to the person requesting
				the hearing and shall post a notice of the hearing on its website.
(b) The notice shall include:
(i) The name(s) of the person(s) requesting
				the hearing, if any;
(ii) A brief
				statement identifying the purpose of the hearing;
(iii) A brief statement of the issues to be
				discussed;
(iv) The date, time, and
				location of the hearing;
(v) The
				method for remote attendance, if applicable; and
(vi) A copy of the request for a hearing. The
				Department shall redact personal contact information such as the requesting
				person's address and phone number.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0008 - Practice and Procedure › Chapter 9 - DIRECTOR REVIEW OF ACTIONS INVOLVING SURFACE COAL MINING OPERATIONS AND ALL HEARINGS BEFORE THE DEPARTMENT › Section 9-7 - Variance Hearings Before the Department

Current through July 13, 2024
(a) The Department
				shall hold variance hearings pursuant to
				W.S.
				35-11-601.
(b) Following the hearing, the relevant
				Administrator(s) shall consider the views of the persons who may be affected by
				the grant of the variance and approve or deny the variance with the Director's
				approval.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 1 - GENERAL PROVISIONS › Section 1-2 - Permit Application Procedure

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Permit Amendments and Transfers

Current through July 13, 2024
(a) Permit
				amendments constituting a major change for municipal solid waste landfills
				shall comply with the requirements of Chapter 2 of these rules.
(b) Permit amendments constituting a major
				change for all non-municipal solid waste facilities and minor changes at all
				solid waste facilities shall comply with the following:
(i) Within sixty days of receipt of any
				application for a permit amendment, the Administrator shall conduct a review of
				the application and provide a written response to the operator.
(A) If the amendment is deemed complete and
				demonstrates compliance with applicable standards and constitutes a major
				change, the public notice and comment period in Section
				2(c)(ii) of this Chapter
				shall commence.
(B) If the
				amendment is deemed complete and demonstrates compliance with applicable
				standards and constitutes a minor change, the Administrator shall render a
				decision.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - Permit Denial, Revocation, Modification, or Termination

Current through July 13, 2024
(a) The Director
				may deny a permit if:
(i) Permit issuance
				would conflict with any provision of the Act or these rules;
(ii) The applicant fails to submit the
				required information;
(iii) The
				facility history indicates continual noncompliance with these rules;
(iv) The application indicates that the
				facility would not comply with the location, design and construction,
				operating, monitoring, closure or post- closure standards as specified in the
				applicable sections of these rules;
(v) The application misrepresents actual site
				conditions;
(vi) The applicant
				fails to employ a solid waste manager who meets the qualifications of the
				applicable chapter of these rules; or
(vii) The applicant, or any partners,
				executive officers, or corporate directors, has been found civilly or
				criminally liable for violations of environmental quality or criminal
				racketeering laws or regulations which in the judgment of the Director
				constitutes evidence that the applicant cannot be relied upon to conduct the
				operations described in the application in compliance with the Act and these
				rules.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 1 - GENERAL PROVISIONS › Section 1-5 - One-Time or Emergency Waste Management Authorizations

Current through July 13, 2024
(a) Authorization
				application procedure:
(i) This section
				applies to emergency situations, spilled solid wastes and residues from
				uncontrolled releases. This section does not apply to the land disposal of
				municipal solid wastes, mixed wastes, hazardous wastes or actions completed
				under either a hazardous waste permit or a hazardous waste corrective action
				order.
(ii) The Administrator may
				choose to issue a one-time or emergency waste management authorization in lieu
				of the permits specified in Section
				2 of this Chapter. This type of waste
				management authorization shall only be considered under the following
				conditions:
(A) The proposed waste management
				activity shall be a single occurrence of limited duration;
(B) The applicant documents that other waste
				management and reuse options were thoroughly investigated and that no other
				reasonable alternatives had been identified;
(C) The proposed waste disposal site would
				meet the applicable location standards specified in Chapter 3, or 4 of these
				rules or the proposed waste management site would meet the applicable location
				standards specified in Chapter 8 of these rules;
(D) The proposed waste management activity
				would not present a significant threat to public health or the environment;
(E) The waste management activity
				would result in de minimis impacts which would not warrant the initiation of
				public participation procedures;
(F) The total waste disposal area would be no
				more than one acre;
(G) The
				applicant can document that permission has been obtained from the landowner to
				manage the materials at the proposed waste management location, if that
				location is not owned by the applicant; and
(H) The applicant commits to promptly record
				a notarized notice with the county clerk, in the county where the facility is
				located, which adequately describes the location, nature and extent of any
				waste disposal activity.
(iv) The waste management authorization
				request shall document compliance with the conditions specified in subsection
				(a)(ii) of this section allowing for the Administrator's consideration of a
				one-time or emergency waste management authorization. The request shall contain
				information adequate to demonstrate compliance with the standards specified in
				the applicable chapter of these rules.
(v) The waste management authorization
				request shall be reviewed by the Administrator within forty-five days after
				submission.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 2 - MUNICIPAL SOLID WASTE LANDFILL REGULATIONS › Section 2-1 - In General

Current through July 13, 2024
(a) Authority: The
				authority for the rules and regulations promulgated in this chapter is the
				Wyoming Environmental Quality Act,
				W.S.
				35-11-101 et seq.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 2 - MUNICIPAL SOLID WASTE LANDFILL REGULATIONS › Section 2-2 - Municipal Solid Waste Landfill (MSWLF) Permit Application Requirements

Current through July 13, 2024
(a) Permit
				transition: The following rules concerning permit application submittals under
				Chapter 1 will apply.
(i) Existing facilities:
(A) Existing facilities that have received
				wastes after September 13, 1989:
(I) Existing
				facilities with closure permits issued before July 1, 2012, shall continue
				closure and post-closure under their existing permits.
(II) Existing facilities that intend to cease
				disposal of all waste before July 1, 2017, need not submit a renewal
				application, but shall submit a closure permit application no later than twelve
				(12) months prior to the expiration date of the facility's existing permit or
				the date the facility is anticipated to cease disposal of waste, whichever
				comes first, unless an alternate schedule is approved by the Administrator for
				good cause.
(III) Existing
				facilities that do not have a lifetime permit and intend to continue disposal
				of waste after July 1, 2017, shall submit a permit renewal application twelve
				(12) months prior to the expiration of their current permit, unless an
				alternate schedule is approved by the Administrator for good cause.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 2 - MUNICIPAL SOLID WASTE LANDFILL REGULATIONS › Section 2-4 - Location Standards

Current through July 13, 2024
All facilities shall meet the following standards:
(a) New facilities: New municipal solid waste
				landfills shall not be located in violation of
				W.S.
				35-11-502(c) and the
				standards described in this section.
(i) Local
				zoning ordinances: Facility locations shall not be in conflict with local
				zoning ordinances or land use plans that have been adopted by a county
				commission or municipality.
(ii)
				Wild and Scenic Rivers Act: Facility 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 USC
				1271 et seq., and implementing
				regulations.
(iii) National
				Historic Preservation Act: Facilities 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 USC 470
				et seq. and implementing regulations, or to a natural landmark designated by
				the National Park Service.
(iv)
				Endangered Species Act: Facilities shall not be located within a critical
				habitat of an endangered or threatened species listed pursuant to the
				Endangered Species Act,
				16
				USC 1531 et seq., and implementing
				regulations, where the facility may cause destruction or adverse modification
				of the critical habitat, may jeopardize the continued existence of endangered
				or threatened species or contribute to the taking of such species.
(v) Big game winter range: Facilities shall
				not be located within critical winter ranges for big game unless after
				considering information from the Wyoming Game and Fish Department, the
				Administrator determines that facility development would not conflict with the
				conservation of Wyoming's wildlife resources.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 2 - MUNICIPAL SOLID WASTE LANDFILL REGULATIONS › Section 2-5 - Regional Geology

Current through July 13, 2024
The application shall include a summary description of any
				  available regional geologic or hydrologic information, including copies of all
				  available well logs for wells located within one (1) mile of the proposed site.
				  Supporting documentation such as well logs, cross-sections, and maps shall be
				  supplied as an appendix.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 2 - MUNICIPAL SOLID WASTE LANDFILL REGULATIONS › Section 2-6 - Site Specific Geology

Current through July 13, 2024
The application shall provide site specific data describing
				  the underlying soils, geology and groundwater, including:
(a) Soil types: A description of the soil
				types according to the Unified Soil Classification System, and the estimated
				thickness of the unconsolidated soil materials;
(b) Geologic Conditions: Information on the
				geologic conditions, including structure, bedrock types, estimated thickness
				and attitude, and fracture patterns;
(c) Unstable areas: Identification of
				unstable areas caused by natural features or man-made features or events, and
				which may result in geologic hazards including, but not limited to, slope
				failures, landslides, rockfalls, differential and excessive settling or severe
				erosion;
(d) Groundwater
				information: Groundwater information including the depth to the uppermost
				groundwater, aquifer thickness and hydrologic properties such as the
				groundwater flow direction and rate, and the potentiometric surface, the
				existing quality of background groundwater and groundwater beneath the
				facility;
(e) Supporting
				documentation: Supporting documentation such as well completion logs, geologic
				cross-sections, soil boring lithologic logs, potentiometric surface maps and
				soil or groundwater testing data shall be supplied as an appendix.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 2 - MUNICIPAL SOLID WASTE LANDFILL REGULATIONS › Section 2-7 - Design and Construction Standards

Current through July 13, 2024
All facilities shall meet the following standards:
(a) Surveyed corners: All site boundary
				corners shall be surveyed and marked with permanent survey caps.
(b) Access roads: Facility access roads shall
				be constructed to enable use under inclement weather conditions.
(c) Buffer zones: All facilities shall be
				designed and constructed with a buffer zone that is a minimum of twenty (20)
				feet wide within the facility perimeter fence.
(d) Cover Material Availability: Facilities
				shall be designed and constructed to ensure that sufficient cover material is
				available to properly operate the facility through the closure
				period;
(e) Surface water
				structures: Surface water structures shall be designed and constructed to:
(i) prevent flow onto the active portion of
				the landfill during the peak discharge from a 25-year storm;
(ii) Collect and control run-off from the
				active portion of the landfill from at least the water volume resulting from a
				24-hour, 25 year storm;
(iii)
				Sediment control structures shall be designed and constructed in accordance
				with Chapter 11 of the Water Quality Division Rules and Regulations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 2 - MUNICIPAL SOLID WASTE LANDFILL REGULATIONS › Section 2-8 - Operating Standards

Current through July 13, 2024
All facilities shall meet the following standards:
(a) Qualified Solid Waste Manager: Each
				facility shall be managed by a qualified solid waste manager. In the event that
				a qualified solid waste manager terminates employment for any reason, a new
				solid waste manager shall be designated within three (3) months of such
				termination. For any facility which is constructed, operated and monitored in
				compliance, the solid waste manager's qualifications shall be presumed to be
				adequate. For any facility which is not being constructed, operated, or
				monitored in compliance, the solid waste manager may be required to complete
				additional training and/or demonstrate his or her qualifications by written or
				oral examination. A qualified solid waste manager shall:
(i) Possess a complete working knowledge of
				the facility construction, operating and monitoring procedures, as specified in
				the permit application and the permit letter issued by the Director.
(ii) Attend the classroom or field training
				program described in the approved permit application, which shall include
				training for the identification of PCB wastes and hazardous wastes regulated
				under Subtitle C of the Federal Resource Conservation and Recovery Act and the
				state hazardous wastes rules and regulations.
(iii) Attend any training course sponsored by
				the Administrator, which the Administrator requires to provide training on
				changes to state or federal solid waste rules or guidelines. For any such
				mandatory training course, the Administrator shall provide each operator with a
				minimum of ninety (90) days notice prior to the scheduled training
				course.
(iv) Comply with the
				requirements of this subsection:
(A) No later
				than six (6) months following assumption of responsibility for operating a
				facility, for a new solid waste manager; or
(B) No later than six (6) months following
				the date the facility is permitted under this chapter, for an existing solid
				waste manager.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 2 - MUNICIPAL SOLID WASTE LANDFILL REGULATIONS › Section 2-9 - Monitoring Standards

Current through July 13, 2024
All facilities shall meet the following standards:
(a) Collection and management of samples:
				Groundwater, soil core, vadose zone, and decomposition gas samples shall be
				collected and managed in accordance with Department guidance or equivalent
				methods approved by the Administrator.
(b) Groundwater monitoring:
(i) Except as provided in paragraph (b)(i)(A)
				of this section, landfill operators shall comply with the following groundwater
				monitoring requirements:
(A) Applicability:
(I) The Administrator may suspend the
				groundwater monitoring requirements of paragraph (B) of this section if the
				owner or operator demonstrates that there is no potential for migration of
				constituents from the facility or unit to the uppermost aquifer. This
				demonstration must be made by a qualified scientist or engineer, and must
				consider:
(1.) Site-specific field
				measurements, and information about the specific wastes to be disposed at the
				facility or unit; and
(2.)
				Contaminant fate and transport predictions which maximize contaminant migration
				and consider impacts on human health and the environment.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 2 - MUNICIPAL SOLID WASTE LANDFILL REGULATIONS › Section 2-10 - Recordkeeping Standards

Current through July 13, 2024
All facilities shall meet the following standards:
(a) Three year recordkeeping: The following
				records shall be maintained at the facility or an approved alternative location
				and available for inspection and copying for a minimum of three (3) years from
				the date of recording:
(i) Log of litter
				collection activities specifying the dates and areas of litter
				collection;
(ii) Types and
				disposition of special wastes, specifying the volume, date of disposition, and
				source of waste;
(iii) Records of
				waste sold or otherwise salvaged;
(iv) Record of any problems causing
				operations to cease, including but not limited to fire or equipment
				failure;
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 2 - MUNICIPAL SOLID WASTE LANDFILL REGULATIONS › Section 2-11 - Reporting standards

Current through July 13, 2024
All facilities shall meet the following standards:
(a) Annual reports for MSWLFs with lifetime
				permits: Annual reports for MSWLFS with lifetime permits shall be submitted and
				facility inspections conducted as specified in
				W.S.
				35-11-523. Unless an alternative is approved
				by the Administrator, operators shall submit two (2) complete paper copies and
				one (1) complete electronic copy of the reports.
(b) Landfill gas reporting: Until facility
				closure is completed, the following information related to landfill gas
				emissions shall be reported annually in a format specified by the
				Administrator:
(i) The maximum design capacity
				of the landfill in megagrams (Mg) and cubic meters
				(m3) of waste, including any modifications or
				expansions in the last year which have increased or decreased the maximum
				design capacity in megagrams (Mg) and cubic meters
				(m3) of waste. If the design capacity is converted
				from mass to volume or volume to mass, the calculations must be provided.
				Information regarding the site-specific waste density and how it was estimated
				must also be provided.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 2 - MUNICIPAL SOLID WASTE LANDFILL REGULATIONS › Section 2-12 - Closure and Post-Closure Standards

Current through July 13, 2024
All facilities shall meet the following standards:
(a) Commencement of closure: Approved closure
				activities shall commence no later than thirty (30) days after the date on
				which each unit receives the known final receipt of wastes and shall be
				completed within one hundred eighty (180) days following commencement of
				closure. The Administrator may approve:
(i)
				Delayed closure of a facility or unit if the facility or unit has additional
				remaining disposal capacity, and the owner demonstrates that there will be no
				threats to human health or the environment from the unclosed facility or unit,
				and
(ii) Extensions of the closure
				period if needed to adequately complete closure activities and the owner
				demonstrates that there will be no threats to human health or the environment
				from the unclosed facility or unit.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 2 - MUNICIPAL SOLID WASTE LANDFILL REGULATIONS › Section 2-13 - Financial Assurance Standards

Current through July 13, 2024
All facilities shall meet the following standards:
Any operator of a MSWLF subject to the financial assurance
				  requirements of Chapter 7 shall demonstrate compliance with the requirements of
				  Chapter 7.