Statutes, codes, and regulations
Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. ofSubagency 0009 - Solid Waste Management
Chapter 7 - FINANCIAL ASSURANCE REQUIREMENTS
Section 7-2 - Requirements to Demonstrate Financial Assurance

020-7 Wyo. Code R. § 7-2

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Current through April 27, 2019
Section 7-2 - Requirements to Demonstrate Financial Assurance

(a) Financial assurance requirement for new nonmunicipally owned solid waste management facilities: Financial assurance and compliance with the department's rules and regulations will be required of all new nonmunicipally owned facilities, as specified by Section 1(b) of this chapter, prior to issuance of a permit.

(b) Financial assurance requirement for existing nonmunicipally owned solid waste management facilities: Compliance with these financial assurance rules and regulations will be required of all existing nonmunicipally owned solid waste management facilities as specified by Section 1(b) of this chapter no later than June 8, 1991.

(c) Financial assurance requirement for conditionally exempt facilities: Financial assurance will be required of all existing, conditionally exempt solid waste management facilities specified in Section 1(b)(i)(E):

  • (i) If the director determines the facility is in violation of the department's rules and regulations resulting in the release of contamination to the air, land or water, the director shall issue an order to the operator of the regulated facility to show cause why financial assurance is not required. Opportunity for a public hearing before the council shall be provided. If a hearing is requested the director shall inform all interested parties of the time and place of the hearing. Upon failure of the operator to show cause why financial assurance should not be required, the council shall require financial assurance for a period of time needed to secure remedial action. The financial assurance requirement may be removed when the violations have been corrected to the director's satisfaction. No financial assurance requirement shall be unreasonably prolonged.
  • (ii) The financial assurance requirement specified in paragraph (c) of this section shall become effective upon thirty ( 30) days notice to the applicant.

(d) Financial assurance requirements for municipally-owned or operated solid waste landfills regulated under Chapter 2 of these rules and regulations: Compliance with these financial assurance rules and regulations will be required of all new and existing municipally-owned or operated Type I solid waste landfills regulated under Chapter 2 of these rules and regulations effective April 9, 1997. Compliance for Type II solid waste landfills regulated under Chapter 2 of these rules and regulations will be required effective October 9, 1997. Notwithstanding these effective dates, if the effective date for compliance with financial assurance requirements for any category of existing sanitary landfills contained in 40 CFR part 25 8 is modified by the U.S. Environmental Protection Agency, then the effective dates for compliance specified by this subsection shall be the modified USEPA date, for the applicable category of landfills. Compliance shall be demonstrated as follows:

  • (i) For financial assurance for the costs of closure and post-closure care, operators shall demonstrate compliance using either the requirements of Sections 3 through 8 of these rules and regulations, or the requirements of Section 9;
  • (ii) For financial assurance for the costs of corrective action requirements, if needed, operators shall demonstrate compliance using the requirements of Sections 3 through 8 of these rules and regulations.

020-7 Wyo. Code R. § 7-2