(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.
(b) In addition to the written
agreement, the operator must provide documentation that the operator can ensure
continued revenue or funding streams sufficient to provide for all foreseeable
costs of solid waste facilities under the control of the local operator or
political subdivision, including but not limited to the full costs of:
(i) Operations;
(ii) Monitoring;
(iii) Recycling, composting, and other
diversion activities, if applicable;
(iv) Closure; and
(v) Post-closure activities.
(c) Operators must also
demonstrate, to the satisfaction of the Administrator, that generally accepted
accounting principles are utilized in managing all solid waste facilities under
the control of the local operator or political subdivision, including the
recognition of liabilities identified in Section
3(b) above associated with
the closure and post-closure costs and all long-term costs associated with
waste disposal compared to recycling, composting, or other diversion
activities.
