§ 35-11-1701 — Orphan site remediation; account created

(a) There is created an orphan site remediation account.
The director may expend funds contained within the account for
the purpose of remediation of orphan sites and the performance
of any other activity as defined in this article.
(b) As used in this section, orphan sites means:
(i) Sites where the department determines that there
is no viable party that is responsible for causing or
contributing to the contamination present at the site; and
(ii) Sites where the department has issued a no
further action letter, and where there is a subsequent discovery
of contamination which was present at the site when the no
further action letter was issued but:
(A) Was not known to the site owner or the
department at the time the no further action letter was issued,
provided that a comprehensive and complete site characterization
was conducted by the owner;
(B) Is not the result of activities conducted on
the site after the no further action letter was issued; and
(C) Does not constitute an imminent or
substantial endangerment to human health or the environment
which is being addressed by the holder of the no further action
letter pursuant to a reopening of the no further action letter
under W.S. 35-11-1610(b).
(iii) Spill sites, where the department determines
that the person responsible for the spill cannot be identified,
or where the department must take prompt action to prevent
hazards to human health or the environment at a site where a
responsible party fails to act promptly.
(c) The department may expend funds from this account to
conduct site evaluations and testing, evaluate remedial
measures, select remediation requirements, and construct,
install, maintain and operate systems to remedy contamination in
accordance with a remediation work plan prescribed by the
director for the orphan site.
(d) The department may also expend funds from this account
to pay for the orphan share of any removal or remedial action
taken pursuant to the Comprehensive Environmental Response,
Control And Liability Act (42 U.S.C. 9601, et seq.), provided
that:
(i) The department has participated in negotiations
for, and concurs with, the orphan share allocation amount for
the action; and
(ii) Each responsible party to an action has agreed
not to seek cost recovery from less than de minimus contributors
in exchange for the state assumption of the orphan share cost.
(e) Revenue to the account shall include such monies which
may be deposited in the account for use in remediation of orphan
sites. The liability of the state to fulfill the requirements of
this section is limited to the amount of funds available in the
account.
(f) The department shall project an annual funding need
for the identification, characterization, prioritization and
remediation of contaminated orphan sites within the state and
shall recommend a funding source adequate to meet the identified
funding need.
(g) In any case under paragraph (b)(iii) of this section
where the department expends funds to remediate or contain
contamination resulting from a spill, and where the department
has identified a responsible party, the responsible party shall
reimburse the department in an amount equal to three (3) times
the expenditure from the account. The attorney general shall
bring suit to recover the reimbursement amount required in this
subsection where recovery is deemed possible.
(h) The director may transfer funds in the account under
W.S. 35-11-424(a) to the orphan site remediation account.