§ 35-11-502 — Solid waste management facilities permits; term; renewals

Wyoming § 35-11-502

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 11: ENVIRONMENTAL QUALITY
• Art. 5: SOLID WASTE MANAGEMENT

Text

(a) No person, except when authorized under the permit
system established pursuant to this act, shall:
(i) Locate, construct, operate or close a solid waste
management facility; or
(ii) Modify the design, construction or operation of
a solid waste management facility.
(b) No permit for a solid waste management facility shall
be transferred without prior written approval of the director. A
permit for a solid waste management facility may be transferred
only to a person qualified to obtain and hold bonds or other
financial assurances required and who meets the management and
technical capability requirements under the rules and
regulations promulgated pursuant to this act.
(c) After the effective date of this act no person, except
upon a variance from paragraphs (i) through (iv) of this
subsection granted by the director upon recommendation of the
administrator after public hearing and upon written findings
that the variance will not injure or threaten to injure the
public health, safety or welfare, shall locate or construct a
solid waste management disposal facility larger than one (1)
acre within:
(i) One (1) mile of the boundaries of an incorporated
city or town;
(ii) One (1) mile of a public school except with the
written consent of the school district board of trustees or one
(1) mile of an occupied dwelling house except with the written
consent of the owner;
(iii) One-half (1/2) mile of the center line of the
right-of-way of a state or federal highway unless screened from
view as approved by the department; or
(iv) One-half (1/2) mile of a water well permitted or
certificated for domestic or stock watering purposes except with
written consent of the owner of the permit or certificate.
(d) No person shall accumulate solid waste at a permitted
solid waste management facility in excess of a quantity which
can be transferred, treated, processed, stored or disposed of
within ninety (90) days however, if the solid waste must be
transferred more than two hundred (200) miles, then one hundred
eighty (180) days.
(e) The administrator shall notify the applicant within
sixty (60) days of submission of the application whether or not
it is complete. If the administrator deems the application
incomplete, he shall so advise and state in writing to the
applicant the information required. All items not specified as
incomplete at the end of the first sixty (60) day period shall
be deemed complete for the purposes of this subsection.
(f) If the applicant resubmits an application or further
information, the administrator shall review the application or
additional information within sixty (60) days of each submission
and advise the applicant in writing if the application or
additional information is complete.
(g) After the application is determined complete, the
applicant shall give written notice of the application to the
county where the applicant plans to locate the facility and to
any municipalities which may be affected by the facility. The
applicant shall simultaneously cause to be published once a week
for two (2) consecutive weeks in a newspaper of general
circulation within the county where the applicant plans to
locate the facility notice of the proposed location, method and
length of operation, and such other information as the council
may require by rule and regulation. In addition, the council
may by rule require an applicant for a proposed permit or for
amendment to an existing permit to notify other affected persons
of the application and any other information required by the
council.
(h) The administrator shall review the application and
unless the applicant requests a delay advise the applicant in
writing within ninety (90) days from the date of determining the
application is complete, that a proposed permit is suitable for
publication under subsection (j) of this section, that the
application is deficient or that the application is denied. All
reasons for deficiency or denial shall be stated in writing to
the applicant. All items not specified as being deficient at
the end of the first ninety (90) day period shall be deemed
complete for the purposes of this subsection. If the applicant
submits additional information in response to any deficiency
notice, the administrator shall review such additional
information within thirty (30) days of submission and advise the
applicant in writing if a proposed permit is suitable for
publication under subsection (j) of this section, that the
application is still deficient or that the director has denied
the application.
(j) The applicant shall give written notice of the
proposed permit to the governing board of any county where the
applicant plans to locate the facility and to any governing
board of municipalities which may be affected by the facility.
The applicant shall simultaneously cause notice of the proposed
permit to be published in a newspaper of general circulation
within the county where the applicant plans to locate the
facility. The notice shall be published once a week for two (2)
consecutive weeks commencing within fifteen (15) days after
being notified by the administrator that the application is
suitable for publication. The notice shall contain information
regarding the identity of the applicant, the location of the
proposed operation, the method and length of the operation, the
location at which information about the application may be
obtained, and the location and final date for filing objections
to the application. In addition, the council may by rule
require an applicant for a proposed permit or for amendment of
an existing permit to notify other affected persons as
authorized under subsection (g) of this section.
(k) Any interested person has the right to file written
objections to the proposed permit with the director within
thirty (30) days after the last publication of the notice given
pursuant to subsection (j) of this section. If substantial
written objections are filed, a public hearing shall be held
within twenty (20) days after the final date for filing
objections unless a different period is deemed necessary by the
council. The council or director shall publish notice of the
time, date and location of the hearing in a newspaper of general
circulation in the county where the applicant plans to locate
the facility once a week for two (2) consecutive weeks
immediately prior to the hearing. The hearing shall be
conducted as a contested case in accordance with the Wyoming
Administrative Procedure Act, and right of judicial review shall
be afforded as provided in that act.
(m) The director shall render a decision on the proposed
permit within thirty (30) days after completion of the notice
period if no hearing is requested. If a hearing is held, the
council shall issue findings of fact and a decision on the
proposed permit within thirty (30) days after the final hearing.
The director shall issue or deny the permit no later than
fifteen (15) days from receipt of any findings of fact and
decision of the environmental quality council.
(n) Notwithstanding the requirements of subsections (f)
through (m) of this section, the council shall promulgate rules
to establish an alternate permitting procedure for low volume or
low hazard solid waste treatment, transfer, processing and
storage facilities. The rules shall identify classes or
categories of solid waste treatment, transfer, processing and
storage facilities which may be permitted using the alternate
permitting procedure. The alternate procedure may provide, as
determined by the council:
(i) For a single public notice by the applicant,
unless the application or permit is contested. If the
application or permit is contested the provisions of the Wyoming
Administrative Procedure Act regarding public notice shall
control;
(ii) That public notice shall be limited to
notification of interested parties within the area served by the
facility or the area where the facility is located;
(iii) For a single review by the department to
determine completeness and technical adequacy, which shall be
completed by the department within thirty (30) days of receipt
of an initial or revised application; and
(iv) For issuance of a final permit upon completion
of all alternate procedure notice and review requirements,
provided that any such permit shall be subject to appeal under
the provisions of this act.
(o) Effective July 1, 2012, the term for a new or renewed
municipal solid waste landfill permit shall be for the lifetime
of the solid waste landfill, through closure, not to exceed
twenty-five (25) years.
(p) Effective July 1, 2012, for any existing municipal
solid waste landfill permit, the next renewal permit shall be
converted to a lifetime municipal solid waste permit.
(q) If, during the operation of the municipal solid waste
landfill, the life of the municipal solid waste landfill is
anticipated to exceed the term specified in the permit, the
operator shall:
(i) Submit a municipal solid waste landfill permit
amendment which shall include updates on any necessary
provisions of the permit;
(ii) No later than three (3) years prior to the
expiration of the lifetime municipal solid waste landfill
permit, submit permit renewal information as required by the
department. The municipal solid waste landfill permit may be
renewed for another lifetime period, not to exceed twenty-five
(25) years.
(r) Notice and opportunity for hearing for an amended
municipal solid waste landfill permit shall be as provided for a
new municipal solid waste landfill permit under this section.