§ 35-11-504 — Bonding for solid waste management facilities

(a) The council, by rules and regulations, shall establish
bonding or financial assurance requirements for solid waste
management facilities to assure there are adequate sources of
funds to provide for cost effective:
(i) Closure costs, post-closure inspection and
maintenance costs, and environmental monitoring and control
costs, including but not limited to costs for:
(A) Removal and disposal of buildings, fences,
roads and other facility developments, and reclamation of
affected lands;
(B) Construction of any waste cover or
containment system required as a condition of any facility
permit;
(C) Removal and off-site treatment or disposal
of any wastes that are being stored or treated;
(D) Decontamination, dismantling and removal of
any waste storage, treatment or disposal equipment or vessels;
(E) Operating any environmental monitoring
systems or pollution control systems that are required as a
condition of any facility permit or by order of the director;
and
(F) Conducting, only for disposal facilities,
periodic post-closure inspections of cover systems, surface
water diversion structures, monitor wells or systems, pollutant
detection and control systems, and performing maintenance
activities to correct deficiencies that are discovered.
(ii) In the event of any discharge of pollution to
the air, land or to waters of the state which is in violation of
a permit, standard, rule or requirement established under the
provisions of this act, the estimated costs of remedying or
abating the violation or damages caused by the violation;
(iii) The bond established under paragraph (i) of
this subsection shall be available during the operating life and
throughout the post-closure care period of the solid waste
management facility to abate or remedy any violation of a
permit, standard, rule or requirement established under the
provisions of this act.
(b) The amount of any bond or financial assurance
requirement shall be established by the director in accordance
with procedures contained in rules and regulations of the
council, but shall not be less than an amount sufficient to
satisfy the purposes specified in subsection (a) of this
section.
(c) Rules and regulations of the council promulgated to
implement the bonding or financial assurance requirements of
this section shall exempt any solid waste management facility:
(i) Owned or operated by a municipality provided that
the facility is a participating facility under W.S.
35-11-515(o)(iii);
(ii) Owned and operated by the person disposing of
solid waste generated at the facility who annually demonstrates
to the director compliance with the financial responsibility
requirements of the Resource Conservation and Recovery Act, P.L.
94-580, as amended as of January 1, 1989;
(iii) Which is also subject to bonding or financial
assurance requirements under article 2, 3 or 4 of this act if
the director determines that the bond or financial assurances
under article 2, 3 or 4 satisfy the requirements of this
section;
(iv) Which is subject to bonding or financial
assurance requirements under W.S. 30-5-104(d)(i)(D), 30-5-129 or
30 U.S.C. 226(g) as amended as of January 1, 1989; or
(v) Owned or operated by an electric utility
disposing of solid waste generated by an electric generation
facility pursuant to a permit or license issued by the
department, provided that the exemption may be revoked by the
council upon petition of the director for a period of time
established by the council to secure remedial action in the
event of any discharge of pollution to the air, land or to
waters of the state which is in violation of a permit, standard,
rule or requirement established under the provisions of this
act.
(d) The council shall provide rules for the establishment
of a self-bonding program to be used if such a program will
provide protection consistent with the objectives and purposes
of article 5 of the act. In any such program, rules of the
council shall provide for a timely reappraisal of pledged
assets, require evidence of a suitable agent to receive service
of process, assure that pledged assets are not already pledged
for other projects, provide that pledged assets reside
continuously in the state of Wyoming and provide for
determination of the suitability of pledged assets.
(e) In lieu of a bond, the operator may deposit federally
insured certificates of deposit payable to the Wyoming
department of environmental quality, cash, government
securities, or irrevocable letters of credit issued by a bank or
a credit union organized to do business in the United States, or
all four (4). Irrevocable letters of credit deposited under this
subsection shall be issued by a bank that is insured by the
federal deposit insurance corporation or a credit union that is
insured by the national credit union administration.
(f) Any bond may be cancelled by the surety only after
ninety (90) days written notice to the director, and upon
receipt of the director's written consent, which may be granted
only when the requirements of the bond have been fulfilled.
(g) If the license to do business in Wyoming of any surety
upon a bond filed pursuant to this act is suspended or revoked
by any state authority then the operator, within thirty (30)
days after receiving notice thereof, shall substitute a good and
sufficient corporate surety licensed to do business in the
state. Upon failure of the operator to make substitution of
surety within a reasonable period of time, not to exceed sixty
(60) days, the director shall suspend the permit of the operator
to accept solid wastes until proper substitution has been made.
(h) Bond forfeiture proceedings shall occur only after the
department provides notice to the operator and surety pursuant
to W.S. 35-11-701 that a violation exists and the council has
approved the request of the director to begin forfeiture
proceedings.
(j) With the approval of the council the director may:
(i) Expend forfeited funds to remedy and abate the
circumstances with respect to which the bond was provided; and
(ii) Expend funds from the account under W.S.
35-11-424 to remedy and abate any immediate danger to human
health, safety and welfare.
(k) If the forfeited bond or other financial assurance
instrument is inadequate to cover the costs to carry out the
activities specified in subsection (a) of this section, or in
any case where the department has expended account monies under
subsection (j) of this section, the attorney general shall bring
suit to recover the cost of performing the activities where
recovery is deemed possible.
(m) When the director determines that the violation has
been remedied or the damage abated, the director shall release
that portion of the bond or financial assurance instrument being
held under paragraph (a)(ii) of this section. When the director
determines that closure activities have been successfully
completed at any solid waste management facility, the director
shall release that portion of the bond or financial assurance
instrument being held to guarantee performance of activities
specified in subparagraphs (a)(i)(A) through (E) of this
section. For solid waste management facilities other than
landfills for the disposal of municipal wastes, the remaining
portion of the bond or financial assurance instrument shall be
held for a period of not less than five (5) years after the date
of facility closure, or so long thereafter as necessary to
assure proper performance of any post-closure activities
specified in subparagraph (a)(i)(F) of this section. For
municipal solid waste management facilities, the period shall be
the minimum necessary to comply with P.L. 94-580. The retained
portion of the bond or other financial assurance instrument may
be returned to the operator at an earlier date if the director
determines that the facility has been adequately stabilized and
that environmental monitoring or control systems have
demonstrated that the facility closure is protective of public
health and the environment consistent with the purposes of this
act.
(n) No supplemental bond or financial assurance shall be
required of any facility, mine, permit or license subject to the
bond or financial assurance requirements of article 2, 3 or 4 of
this act, to meet the requirements of this section, for any
solid waste management facility used solely for the management
of wastes generated within the boundary of the permitted
facility or mine operation by the facility or mine owner or
operator, or from a mine mouth electric power plant or coal
drier.