Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0009 - Solid Waste Management
Chapter 7 - FINANCIAL ASSURANCE REQUIREMENTS
Section 7-3 - Corrective Action Cost Estimates
Universal Citation: WY Code of Rules 7-3
Current through September 21, 2024
(a) If a regulated facility violates a permit, standard, rule, or requirement established under the Act, resulting in a release of pollution or waste to the air, land, or water resources of the state, the Director shall:
(i) Notify the regulated facility of the
violation; and
(ii) Order the
regulated facility to take corrective action to remedy or abate the violation
and provide financial assurance as specified in this Section.
(b) Within thirty days of receiving an order to take corrective action, the operator shall provide notice of the selected correction action remedy and a corrective action cost estimate to the Director.
(i) The corrective action
cost estimate shall:
(A) Include an itemized
written estimate of the cost, in current dollars, of completing all work
described for the selected corrective action remedy;
(B) Be based on the cost required for a
third-party contractor to complete the work described for the selected
corrective action remedy. The Director may obtain additional cost estimates
from a third-party contractor to substantiate the accuracy of the estimated
costs; and
(C) Account for the
following factors if applicable:
(I) Soils,
geologic and hydrogeologic conditions at the site;
(II) The type and quantity of waste
received;
(III) Disposal method and
sequential disposal plan;
(IV) The
potential for significant leachate production and the possibility of
contaminating groundwater;
(V)
Environmental quality monitoring systems;
(VI) The location of the site and the
character of the surrounding area;
(VII) A minimum of fifteen percent
contingency fee to cover other corrective action and cleanup costs as
determined appropriate by the Director;
(VIII) The ability of the facility to prevent
and detect a release and to facilitate cleanup activities. The criteria used to
evaluate this ability shall include design, construction, operation, monitoring
and contingency plans submitted as part of the permit application;
(IX) The class, use, value and environmental
vulnerability of surface and groundwater resources that may be impacted by a
release; and
(X) Any other relevant
site-specific factors.
(D) Be updated, revised, and submitted to the
Director in accordance with Section 13 of this Chapter.
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