Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0009 - Solid Waste Management
Chapter 7 - FINANCIAL ASSURANCE REQUIREMENTS
Section 7-15 - Closure and Post-Closure Account for Municipally-Owned Solid Waste Disposal Facilities

Universal Citation: WY Code of Rules 7-15

Current through September 21, 2024

(a) This section is applicable to municipally-owned or operated solid waste landfills regulated under Chapter 2 of these rules electing to participate in the state guarantee trust account provided under W.S. § 35-11-515. Such facilities shall be known as participating facilities.

(b) Each facility participating in the account shall, upon their initial election to participate and every four years thereafter:

(i) Either prepare a closure and post-closure plan complying with Chapter 2 of these rules, and prepare a closure and post-closure cost estimate complying with Section 2 of this Chapter, or calculate the facility closure and post-closure costs using a standard cost estimate prepared by the Director;

(ii) Calculate the remaining usable disposal capacity of the facility, expressed as years, using information from the facility permit application; and

(iii) Calculate the annual amount to be paid to the account using the following procedure:
(A) Calculate three percent of the sum of closure and post-closure costs using the following formula:

Three percent of the sum of closure and post-closure costs = (0.03(Closure cost - the operator's accumulated net assets earmarked for payment of the operator's closure costs)) + (0.03(Post-closure cost - the operator's accumulated net assets earmarked for payment of the operator's post-closure costs))

(I) The facility owner or operator shall account for closure and post-closure liabilities and costs in accordance with generally accepted accounting principles as provided by W.S. § 16-4-121(c) and certify to the earmarking of the accumulated net assets, subject to audit.

(B) Calculate the balance due to the account by deducting the total of previous payments to the account from three percent of the sum of closure and post-closure costs using the following formula:

Balance due = three percent of the sum of closure and post-closure costs - the total of previous payments to the account

(C) Calculate annual payments to the account by dividing the balance due by the years of remaining disposal capacity using the following formula:

Annual payment = Balance due / years of remaining disposal capacity in disturbed areas

(c) Compliance with the financial assurance requirements of this section is required on July 1 of each year, unless an alternate date is approved by the Administrator.

(d) A refund of the closure guarantee costs shall follow procedures outlined in W.S. § 35-11-515(g) and (j).

(e) A refund of the post-closure guarantee costs shall follow procedures outlined in W.S. § 35-11-515(h) and (j).

(f) The facility owner may elect to withdraw from participation in the account and shall notify the Director of said intent prior to the financial assurance compliance date. Upon withdrawal from participation, or upon completing closure or post-closure requirements, the owner may apply to the Director for a refund of the annual fees paid to the account. The Director shall, approve a refund from the account equal to ninety percent of the total amount paid by the owner, less any expenditures from the account made on behalf of the participating facility under W.S. § 35-11-515(k) that have not been recovered under W.S. § 35-11-515(m). Prior to the Director approving a refund for a withdrawing facility, the facility owner shall demonstrate compliance with the financial assurance requirements of this Chapter.

(g) An owner may elect to participate in the account for purposes of demonstrating compliance only with the closure cost financial assurance requirement, only with the post-closure cost financial assurance requirement, or both. Any owner electing to participate in the account only for the purposes of satisfying the closure or post-closure cost financial assurance requirement shall use another financial assurance mechanism to complete his or her obligation to demonstrate adequate financial assurance for both closure and post-closure costs.

(h) The Director may authorize expenditures from the account if the facility owner, after receiving a notice of violation and order directing the performance of closure or post-closure obligation under this Chapter or Chapter 2 of these rules, has failed to adequately perform such obligation. The Director shall provide in any such order that failure to perform the closure or post-closure obligation will result in the Director's authorizing an expenditure from the account. The amount to be expended shall be specified by the Director in the order. The availability of an opportunity to appeal the order under W.S. § 35-11-701(c) shall be considered the owner's opportunity to appeal the amount to be expended, under W.S. § 35-11-515(k).

Disclaimer: These regulations may not be the most recent version. Wyoming may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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