A permittee intending to close a confined swine feeding operation shall notify the Division by certified mail. The notice of intended closure shall be given as soon as possible and at least 180 days before initiation of closure. Simultaneous notice shall be made by the permittee to the governing body of each locality and adjacent property owners within one (1) mile of the permitted operation by certified mail.
(a) Closure Plan Standards. - (i) Closure procedures shall be carried out according to plans approved by the Administrator. A closure plan shall be submitted concurrent with the notice of intended closure. In reviewing any closure, the Administrator may require such modifications as may be deemed necessary by the Administrator for the protection of human health and safety and the protection of the environment.
- (ii) The permittee shall close the facility according to the closure plan. The post-closure monitoring period shall continue for a minimum of three (3) years after the date of completing closure. The minimum post-closure monitoring period shall be extended if the Administrator determines it is needed to protect human health and safety or the environment.
(b) Closure completed by the permittee shall provide for the following: - (i) Removal and disposal of all animal waste materials.
- (ii) Removal of all structures, lagoons, and miscellaneous structures, not incorporated into an approved post-closure use.
- (iii) Placement of topsoil and revegetation of the disturbed areas.
- (iv) Any other requirement necessary to protect human health and safety and the environment.
(c) The closure plan shall provide for the following post-closure activities: - (i) Evaluation of the beneficial use of structures and other permit related facilities not removed as part of the closure plan. Those facilities for which there is not a documented beneficial use shall be removed and the affected areas reclaimed.
- (ii) Monitoring of post closure site impacts on water quality, to include sampling, analysis, and reporting.
- (iii) Periodic inspection by the permittee.
- (iv) Certification of final closure by the permittee.
- (v) Any other requirement determined by the Administrator necessary to protect human health and safety and the environment.
(d) Closure inspection: - (i) After the permittee or other responsible party has completed closure of the facility the Division shall be so notified. The Division shall inspect all closed confined swine feeding operations to determine if the closure is complete and meets the approved plan. The Division shall provide written inspection results to the permittee after the inspection. If the closure is not satisfactory, the Division shall specify necessary steps to bring the site into compliance with closure requirements. When the closure is satisfactory, the permittee or other responsible party shall be so notified.
- (ii) Notification by the Division that the closure is satisfactory shall not act as a waiver of any remedy under these regulations or under law that may be available to the State of Wyoming. Such notification does not relieve the permittee of responsibility for corrective action. Environmental problems caused by the operation discovered anytime shall require corrective action by the permittee. Corrective action shall be completed by the permittee according to the regulations of the Division and other applicable laws, and regulations.
020-20 Wyo. Code R. § 20-43