§ 35-11-1601 — Applicability; nonvoluntary remediation

(a) This article establishes the requirements and
procedures necessary for voluntary remediation of eligible sites
under this act, and shall not authorize unpermitted releases of
contaminants to the environment of the state. Consistent with
the policy and purpose of this act, this article shall provide
incentive to remediate eligible sites and establish criteria for
application of site-specific, risk-based remediation. All
voluntary remediation requirements for eligible sites shall be
performed in accordance with this article and shall be contained
in a remedy agreement issued under W.S. 35-11-1607. Except as
provided in subsection (d) of this section, no additional
remediation requirements may be imposed by the department under
this act for remediation of any site subject to a remedy
agreement issued under W.S. 35-11-1607, unless the remedy
agreement has been reopened or terminated under W.S. 35-11-1610.
Nothing in this subsection shall prohibit the imposition of
remediation requirements to address the release of a contaminant
which may occur after a remedy agreement has been entered into
or a no further action letter has been issued. Remediation
authorized by the department under this article shall not be
deemed a prohibited act under this act, or of any rules or
regulations promulgated thereunder.
(b) Remediation is not voluntary under this article if it
is required:
(i) By order of the department, council or by any
court and entered without the consent of a person; or
(ii) By order of the department, council or by any
court and entered without the consent of a person who has failed
or refused to enter into, or breached the terms of, a
preliminary remediation agreement, remedy agreement or reopened
remedy agreement; or
(iii) By administrative or judicial order to which
the United States environmental protection agency is a party,
which is issued after the effective date of this act, on a site
that has been determined not to be eligible under W.S.