§ 35-11-1607 — Remedy agreement; prerequisite; contents; violation of agreement; changes to agreement; covenant not to sue; certificate of completion; recording; effect on orders or permits

Wyoming § 35-11-1607

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 11: ENVIRONMENTAL QUALITY
• Art. 16: VOLUNTARY REMEDIATION OF CONTAMINATED SITES

Text

(a) Except as provided in W.S. 35-11-1605(d), before an
owner and the department may enter into a remedy agreement that
includes long-term restrictions on the use of the site, the
owner must obtain a use control area designation for the site as
set forth in W.S. 35-11-1609. The use restrictions contained in
any use control area designation may be used by the director to
establish any alternate soil standard as provided in W.S.
35-11-1605(c).
(b) Any remedy agreement shall contain:
(i) A remedial action plan, including the remediation
standards and objectives for the site or use control area, the
remediation standards and objectives for adjacent property, a
description of any engineering or institutional control, a
schedule for the required remediation activities, and conditions
for the effective and efficient implementation of the remedy
agreement. The department shall require a suitable bond or
other evidence of financial assurance to assure the performance
and maintenance of engineering controls and any monitoring
activities required in a remedy agreement; and
(ii) The reopeners or termination clauses set forth
in W.S. 35-11-1610.
(c) The remedy and remediation standards for a site that
are set forth in a remedy agreement shall be permanent, subject
to the reopeners and termination clauses in W.S. 35-11-1610.
(d) Use restrictions, or other terms or conditions set
forth in a remedy agreement shall run with the land and be
binding upon successors in interest. If a term or condition of
any remedy agreement, covenant not to sue, or certificate of
completion requires the maintenance of a bond or other evidence
of financial assurance, it shall be the duty of any successor in
interest to maintain such bond or financial assurance.
(e) A violation of any use restriction, term or condition
of a remedy agreement or certificate of completion shall be
deemed a violation of this act, and the department may bring any
action for such violation against the owner of the site at the
time the violation occurs or against the person who violates the
use restriction, term or condition of the remedy agreement or
certificate of completion.
(f) No person shall change any engineering or
institutional controls contained in a remedy agreement or
certificate of completion without the prior written consent of
the department. Before a change may be made, the department
shall review the contamination at the site and any new
requirements shall be incorporated into a subsequent remedy
agreement or certificate of completion. Upon entry into a
subsequent remedy agreement or certificate of completion or
issuance of a no further action letter, the director shall
modify or terminate any prior remedy agreement or certificate of
completion.
(g) Consistent with the reopeners and termination clauses
in W.S. 35-11-1610, the department shall, upon request, provide
the owner or prospective purchaser a covenant not to sue. Any
covenant not to sue shall extend to subsequent owners.
(h) If the director determines that all remediation
requirements for a site have been successfully implemented or
satisfied, the department shall, upon request, provide the owner
or prospective purchaser a certificate of completion.
(j) A person who receives a remedy agreement or
certificate of completion under this section shall record a copy
in the office of the county clerk with the deed for the site and
shall file the copy in the office of the county clerk no later
than ten (10) business days after the date the remedy agreement
or certification of completion is signed.
(k) No remedy agreement for any site subject to a prior
administrative or judicial order or permit which contains
remedial requirements shall be effective until the order or
permit has been modified to incorporate the terms of the remedy
agreement. Modifications to orders or permits under this
subsection shall be made using the procedures specified in the
prior order or permit. Entry into a remedy agreement under this
article shall not affect the duty of the site owner or operator
to comply with any prior order or permit. Following modification
of the order or permit as provided in this subsection, the owner
shall comply with the modified order or permit.