§ 35-11-526 — Performance based design and performance based evaluation in consideration and approval of engineered containment systems as part of municipal solid waste landfill permits

(a) A person submitting an application for a permit
pursuant to W.S. 35-11-502 which contains a performance based
design for a municipal solid waste landfill that does not
incorporate an engineered containment system utilizing a
composite liner and leachate collection system, shall submit a
report with the application. The report shall contain the
applicant's findings as to the proposed performance based
design's compliance with applicable state and federal laws and
regulations. The report shall contain scientific and
engineering data supporting the implementation of the proposed
design.
(b) In reviewing scientific and engineering data related
to a permit application and report containing a performance
based design which does not incorporate an engineered
containment system utilizing a composite liner and leachate
collection system, the administrator shall prepare a detailed
performance evaluation based on applied scientific and
engineering data that adheres to W.S. 35-11-527. The
administrator shall determine in the performance evaluation
whether to validate or invalidate the performance based design
or an alternative performance based standard for landfill design
contained in the permit application. The administrator shall
base the performance based evaluation on acceptable applied
scientific and engineering data and an analysis of that data
using statistical procedures, including statistical power, when
applicable.
(c) The applicant or other interested party may appeal the
administrator's determination contained in a performance based
evaluation of a permit pursuant to W.S. 35-11-502. If the
council determines that the performance based evaluation does
not accurately or adequately identify and evaluate all the data
and criteria required under this section and W.S. 35-11-527, the
council shall direct the administrator to reevaluate his
determination. A decision by the council that the performance
based evaluation is accurate and adequate shall be a final
decision of the agency pursuant to the Wyoming Administrative
Procedure Act.