020-17 Wyo. Code R. § 17-4

Current through April 27, 2019

Section 17-4 - Program Process

(a) In order to participate in the Municipal Solid Waste Landfill Remediation Program, operators must submit a Notice of Intent to Participate (Notice) to the Department. The Notice shall contain the following information:

(i) Name, location, and mailing address of facility;

(ii) Detailed information regarding existing units at the facility, including but not limited to unit dimensions, locations, acreages, contents, liners and cover material;

(iii) Estimated depth to groundwater and status of current groundwater monitoring program;

(iv) Discussion of any exceedences of groundwater protection standards at the facility;

(v) A preliminary presumptive remedy for the landfill and its estimated cost;

(vi) A request by the operator for delegation of authority to oversee monitoring and implementation of remediation, if desired; and

(vii) Acknowledgment of intent to comply with requirements of Section 3 of this Chapter.

(b) Within ninety (90) days of receiving the operator's Notice, the Department will notify the facility of the receipt of the Notice and will provide a date upon which the Department will commence discussions with the operator on the drafting of a written agreement pursuant to the requirements of Section 3(a).

(c) Upon execution of the written agreement, and approval by the Administrator of the information required by Section 3(b) and (c), the facility will be entered into the program and eligible to receive funds from the Municipal Solid Waste Landfill Remediation Program Account.

(d) If the Department and operator are unable to reach an agreement on the contents of the written agreement, or the operator is unable to meet the requirements of Section 3(b) and (c) of this Chapter, entry into the program will be denied. Denial of entry into the program is a final decision by the Administrator which can be contested to the Environmental Quality Council for a hearing pursuant to W.S. 35-11-112(a)(iii).

(e) In addition to the priority list established by W.S. W.S. W.S. 35-11-524, the Department may determine that a facility with a lower priority will receive funding if the Department determines that it is the best use of program funds. This determination will be made based on the consideration of the following factors:

(i) Funding availability;

(ii) Cost efficiencies achieved by allocation of resources;

(iii) Opportunities for increased cost sharing between monitoring and remediation actions at multiple leaking municipal solid waste landfills;

(iv) Timeliness of remediation in reducing risk to public health, safety and welfare or the environment;

(v) The likelihood that the remedy will reduce or eliminate the threat posed to public health, safety and welfare or the environment by continuing releases;

(vi) Whether the facility has completed closure and transfer actions at the facility. Priority shall be given to those facilities which have completed closure and transfer actions; and

(vii) Other factors that the Department determines to be relevant.

(f) Except as provided in (ii) below, all facilities will be returned to local control and will no longer be eligible to receive funds from the Municipal Solid Waste Landfill Remediation Program Account ten (10) years after the implementation of the final selected remedy at the facility.

(i) Facilities which have long term monitoring associated with its final remedy will be eligible for funds for ten (10) years following the initiation of the monitoring program.

(ii) The Department may authorize funding to continue for operation and maintenance of a remedial system at the end of ten (10) years only in the event that the operator shows that unforeseen circumstances have prevented it from being able to continue the operation of the remedy and the failure of the remedy will result in a significant threat to public safety, health, or the environment.

020-17 Wyo. Code R. § 17-4