§ 35-11-1602 — Eligibility for voluntary remediation program; sites eligible; sites ineligible

(a) Eligible sites shall include sites which meet the
following conditions:
(i) Sites, or portions of sites, where releases
occurred before the effective date of this article and:
(A) The site, or portion of site, where the
release occurred was not subject to the permit requirements of
this act at the time of the release; or
(B) The site is covered by an order of the
department, council or by any court and entered with the consent
of the person or entity.
(ii) Sites, or portions of sites, where releases
occurred on or after the effective date of this article and
where the owner or operator is implementing a pollution
prevention plan consistent with rules promulgated under this
act;
(iii) Waste management or disposal units that have
been permitted under this act and the director determines that
the release from the permitted unit, if restricted or prohibited
by the permit, cannot be remediated in accord with the permit
requirements because of technical impracticability.
(b) Eligible sites shall not include:
(i) A site for which remediation is not voluntary
under W.S. 35-11-1601(b);
(ii) A site that is listed on the National Priorities
List of Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), 42 U.S.C. §§ 9601-9675;
(iii) A commercial solid waste management facility,
commercial waste incineration or disposal facility subject to
W.S. 35-11-514;
(iv) Underground and aboveground storage tanks
subject to article 14 of this act;
(v) Radioactive waste storage facilities subject to
article 15 of this act;
(vi) Abandoned mine land sites subject to article 12
of this act; or
(vii) Any site where a release resulted from
continuous or repeated violations of any law, rule, regulation
or order under this act.