§ 35-11-503 — Authority to promulgate rules and regulations for solid waste management facilities and for the management of hazardous wastes

(a) The director, upon recommendation from the
administrator after consultation with the water advisory board,
is authorized to recommend that the council promulgate rules,
regulations, standards and permit systems for solid waste
management facilities in order to protect human health and the
environment. The rules, regulations, standards and permit
systems shall govern the management of any waste, including
liquid, solid, or semisolid waste, which is managed within the
boundary of any solid waste management facility, and:
(i) Shall provide requirements as to facility
location, design, construction, operation, environmental
monitoring, cost effective corrective actions for active
facilities, closure, notices of public record, management and
technical capabilities of the applicant and post-closure care as
necessary to promote the purposes of this act;
(ii) Shall provide requirements for bonding or
financial assurance to assure that solid waste management
facilities will be constructed, operated and closed in
accordance with the purposes and provisions of this act and the
rules and regulations promulgated pursuant to this act;
(iii) Within ten (10) months after the effective date
of this act the council shall adopt rules and regulations to
implement this act and shall provide such reasonable time as may
be necessary, but in no event to exceed twenty-four (24) months
after the effective date of this act, for owners and operators
of solid waste management facilities to comply with the rules,
regulations, standards or permits;
(iv) Shall establish categories of solid waste
management facilities based on waste type, volume, facility
ownership, facility operation or other facility characteristics.
Standards and requirements for each category may vary as are
necessary to promote the purposes of this act;
(v) Shall provide for consistency and equivalency
with rules and regulations adopted by the United States
environmental protection agency under authority of Subtitle C of
the Resource Conservation and Recovery Act, P.L. 94-580, as
amended, for those facilities subject to such federal
requirements, provided that:
(A) The director after consultation with the
administrator may petition the council to promulgate rules and
regulations more stringent than federal rules if adequate cause
exists to determine that circumstances specific to the state
compel adoption of more stringent rules to adequately protect
the public health and environment of the state;
(B) The imposition of the rules under this
paragraph is consistent and equivalent with the imposition of
rules by the United States environmental protection agency,
except that the director after consultation with the
administrator may petition the council to determine for
individual permits or orders that adequate cause exists for
permit conditions or orders more stringent than federal
regulations;
(C) Nothing in this paragraph authorizes the
promulgation of rules which are not otherwise authorized in this
act.
(b) To the extent not already provided by subsection (a)
of this section and W.S. 35-11-504 and notwithstanding W.S.
35-11-424, the director shall, pursuant to this section or by
rule, require applicants for commercial radioactive waste
management facility permits to do the following:
(i) Upon the filing of the application, pay a fee to
be determined by the director, based upon the estimated cost of
investigating, reviewing and processing of the application.
Unused fees under this subsection shall be refunded to the
applicant;
(ii) No less than ten (10) months prior to submission
of an application for a commercial radioactive waste management
facility permit, submit a notice of intent to file a permit
application and a nonrefundable regulatory agency support fee in
the amount of one hundred thousand dollars ($100,000.00);
(iii) Upon receipt of a permit and the filing of each
annual report thereunder, pay an annual inspection and
monitoring fee to be determined by the director, based upon the
estimated costs of inspecting the facility and monitoring
compliance with the permit terms. Unused funds shall be
credited against the next annual inspection and monitoring fee;
(iv) Upon receipt of a permit, establish a long term
remediation and monitoring trust for the benefit of the
department in an amount sufficient to conduct perpetual
monitoring and maintenance of the permitted facility and to
remediate the release of any waste or waste constituent in
violation of the approved post-closure plan. The long term
remediation and monitoring trust may be initially funded by a
letter of credit, cash or sufficient bond excepting self-bonds.
The letter of credit, cash or bond shall be reduced by an amount
equal to the per ton fee levied and paid to the trust during the
prior year, provided:
(A) Facilities or portions thereof which the
United States government is required by law to accept ownership
and assume responsibility for perpetual monitoring, maintenance,
and remediation shall not be required to establish a long term
remediation and monitoring trust;
(B) Monies actually paid into the long term
remediation and monitoring trust on a per ton basis shall be a
credit against funds otherwise payable pursuant to W.S.
35-12-113(g)(i); and
(C) All expenses incurred by the department to
conduct perpetual monitoring and maintenance of the permitted
facility shall be paid by the permittee. The department may
contract for temporary professional services to monitor and
maintain the permitted facility and to assist in rulemaking.
(v) Reduce, to the extent determined by the director
to be technically and economically reasonable, the toxicity of
any waste managed at the facility; and
(vi) Follow post-closure land uses established for
the facility by the director.
(c) Unless and until the council adopts rules pursuant to
subsection (a) of this section, for commercial radioactive waste
management facilities or a particular classification of
commercial radioactive waste management facilities, the director
shall rely upon the performance criteria and standards of title
10, part 40, appendix A, and title 40, part 192, subpart D of
the Code of Federal Regulations, as of January 1, 1991, as
guidance for determining whether an application complies with
the act. Nothing in this subsection shall be construed to limit
the director's authority to impose permit requirements or
conditions or the council's authority to promulgate rules,
consistent with this act, which are more stringent than the
federal regulations referenced.
(d) The council shall, upon recommendation from the
director and the administrators of the air, water and solid and
hazardous waste divisions, promulgate rules and regulations
which are:
(i) Necessary for the state to obtain authorization
of its hazardous waste management regulatory program to operate
in lieu of the federal hazardous waste program administered
under subtitle C of the Resource Conservation and Recovery Act,
P.L. 94-580, as amended, provided that the council may not adopt
rules requiring imposition of administrative penalties for
hazardous waste violations; and
(ii) Subject to the limitations on stringency of
paragraph (a)(v) of this section, consistent with, and
equivalent to rules and regulations adopted by the United States
environmental protection agency under authority of subtitle C of
the Resource Conservation and Recovery Act, P.L. 94-580, as
amended.