020-7 Wyo. Code R. § 7-9
(a) Applicability: This section is applicable to municipally-owned or operated solid waste landfills regulated under Chapter 2 of these rules and regulations electing to participate in the state guarantee trust account [the account] provided under W.S. 35-11-515. Such facilities shall be known as participating facilities.
(b) Initial requirements: The requirements of this paragraph apply to participating facilities upon their initial election to participate in the account. The requirements of this paragraph also apply to participating facilities upon the, fourth and subsequent four-year anniversaries, following the initial election to participate in the account. Each facility shall: 3% 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)) Balance due = 3% of the sum of closure and post-closure costs - the total of previous payments to the account Annual payment = Balance due / years of remaining disposal capacity
(c) Subsequent requirements: Each facility shall pay the amount specified in paragraph (b)(iii) of this section to the director no later than the anniversary dates following the initial election to participate in the account.
(d) Estimating closure and post-closure costs:
(e) Refunds from the account for closure guarantees: Following certification of closure by a registered professional engineer in accord with the requirements of Chapter 2, Section 7, the owner may apply to the director for a refund of that portion of the annual fee paid by the owner to the account for closure guarantee costs. If the director determines that closure activities have been adequately completed, the department shall, within thirty 30 days, approve a refund from the account equal to ninety percent (90%) of the total amount paid by the owner, less any expenditures from the account under W.S. W.S. W.S. 35-11-515(k) which have not been recovered under W.S. W.S. W.S. 35-11-515(m).
(f) Refunds from the account for post-closure guarantees: Following certification of the proper completion of the post-closure period by a registered professional engineer in accord with the requirements of Chapter 2, Section 7, the owner may apply to the director for a refund of that portion of the annual fee paid by the owner to the account for post-closure guarantee costs. The director shall, within 30 days of the administrator's determination that the facility has been adequately stabilized in accord with the requirements of Chapter 2, Section 7(b), approve a refund from the account equal to ninety percent (90%) of the total amount paid by the owner, less any expenditures from the account under W.S. W.S. W.S. 35-11-515(k) which have not been recovered under W.S. W.S. W.S. 35-11-515(m).
(g) Election to withdraw as a participating facility: Upon the election by a facility owner to withdraw from participation in the account, the owner may apply to the director for a refund of the closure and post-closure annual fees paid to the account. The director shall, within thirty (30) days, approve a refund from the account equal to ninety percent (90%) of the total amount paid by the owner, less any expenditures from the account under W.S. W.S. W.S. 35-11-515(k) which have not been recovered under W.S. W.S. 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 as specified in Section 3(d).
(h) Use of a combination of financial assurance mechanisms: 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 as specified in Section 3(d) of this chapter to complete his or her obligation to demonstrate adequate financial assurance for both closure and post-closure costs.
(i) Expenditures from the account: 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 and regulations, 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. W.S. W.S. 35-11-701(c) shall be considered the owner's opportunity to appeal the amount to be expended, under W.S. W.S. W.S. 35-11-515(k).
020-7 Wyo. Code R. § 7-9