(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: - (iii) Recycling, composting, and other diversion activities, if applicable;
- (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.
020-17 Wyo. Code R. § 17-3