Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0009 - Solid Waste Management › Chapter 17 - MUNICIPAL SOLID WASTE LANDFILL REMEDIATION PROGRAM › Section 17-3 - Eligibility

Current through July 13, 2024
(a) To be eligible for enrollment in the
				program, the operators of a leaking municipal solid waste landfill shall enter
				into a written agreement with the Department to meet all regulatory obligations
				under the program. The written agreement entered into between the operator and
				Department shall contain, but is not limited to, provisions for the
				satisfaction of the following elements prior to receiving funds from the
				Municipal Solid Waste Landfill Remediation Account:
(i) The operator shall implement and revise
				the community's integrated solid waste management plan, pursuant to W.S. §
										
											35-11-521, as necessary to comply with all
				regulatory obligations.
(ii) Except
				as provided in subsections (A) and (B) below, the operator must cease disposal
				of all waste streams at a leaking closed facility or the leaking portion of an
				operating facility that is undergoing remediation activities pursuant to
				Department rules and regulations and the written agreement between the
				Department and the local operator.
(A) The
				operator may continue to dispose municipal solid waste into units of facilities
				which have an approved engineered containment system and those units that
				conform to performance based design standards.
(B) The operator may continue to dispose of
				construction and demolition waste in portions of an operating facility if the
				operator shows, to the satisfaction of the Administrator, that disposal of
				construction and demolition waste in the leaking portion of the operating
				facility is necessary for the purpose of achieving the permitted or approved
				final grade and is protective of the environment.
(iii) The operator shall agree to provide
				funding from any available funding source for at least twenty-five percent
				(25%) of the total costs of monitoring and remediation under the program. The
				Department shall require this to be made at two stages in the process as
				described below:
(A) At the time of
				submitting notice of intent to participate, the operator must agree to provide
				funding for at least twenty-five percent (25%) of the preliminary presumptive
				remedy. The preliminary presumptive remedy is the remedy presumed by the
				operator prior to assessing corrective action. The preliminary presumptive
				remedy shall be one or more of the following:
(I) Construction of a final cap;
(II) Control of landfill leachate, if
				present;
(III) Control of migration
				to groundwater;
(IV) Collection and
				treatment of landfill gas; or
(V)
				Other remedy as proposed by operator.
(B) Upon completion of the assessment of
				corrective measure, the Administrator shall require additional information from
				the operator demonstrating that it will provide at least twenty-five percent
				(25%) of the final remediation cost.
(C) In the event a local operator has
				performed remediation and monitoring activities at its facility between July 1,
				2006 and December 31, 2012 and pursuant to a work plan approved by the
				Department, such costs may be credited toward the twenty-five percent (25%)
				funding requirement for the total cost of remediation and monitoring
				activities. The Department shall allow such costs to be credited toward the
				twenty five percent (25%) at eligible facilities until the time that the
				cumulative amount of such costs amongst all eligible facilities reaches four
				million dollars ($4,000,000.00). The Department may request to review
				accounting details of such expenditures prior to authorizing such costs to be
				credited toward the total cost of remediation and monitoring
				activities.
(iv) The
				operator must control the source of releases of pollution so as to reduce or
				eliminate further releases from the leaking municipal solid waste landfill
				through the implementation of intermediate cover activities as approved by the
				Administrator.
(v) In instances
				where the operator has requested authorization from the Department to oversee
				or conduct monitoring and remediation, the written agreement must contain a
				commitment that the operator shall adhere to applicable regulatory requirements
				of the program in conducting monitoring and remediation activities.
(A) The Department shall approve the
				operator's monitoring and remediation plan prior to authorizing the local
				operator to conduct or oversee the monitoring and remediation
				program.
(B) The Department shall
				take all actions necessary to ensure that a local operator granted authority to
				conduct or oversee monitoring and remediation activities under this subsection
				complies with all regulatory requirements of the program.