§ 35-11-525 — Orphan landfill sites

(a) The director may expend funds contained within the
account for remediation of orphan landfill sites and the
performance of any other activity as defined in this article.
(b) As used in this section, "orphan landfill site" means:
(i) A landfill where the department determines:
(A) There is no viable party responsible for
causing or contributing to the landfill site; and
(B) The landfill site is not the result of
activities conducted on the site after September 13, 1989.
(ii) A landfill site, where the department determines
that the person responsible for the landfill cannot be
identified;
(iii) A landfill site where the department must take
prompt action to prevent hazards to human health or the
environment where a responsible party fails to act promptly.
(c) To the extent funds are available, the department may
expend funds from the account to conduct orphan landfill 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
landfill site.
(d) Revenue to the account shall include any monies which
may be deposited in the account for use in identification,
characterization, prioritization, remediation and monitoring of
orphan landfill sites. The liability of the state to fulfill
the requirements of this section is limited to the amount of
funds available in the account.
(e) The department shall provide a report to the joint
appropriations interim committee and the joint minerals,
business and economic development interim committee. The report
shall be included in the report required under W.S. 35-11-524(d)
and shall include:
(i) The work completed on the identification,
characterization, prioritization, remediation and monitoring of
orphan landfill sites within the state;
(ii) The estimated funding need for the
identification, characterization, prioritization, remediation
and monitoring of orphan landfill sites within the state for:
(A) The next year or the next biennium, as
applicable; and
(B) The next ten (10) years.
(f) In any case under paragraph (b)(iii) of this section
where the department expends funds to remediate or contain
contamination resulting from a landfill, and where the
department has identified a responsible party, the responsible
party shall reimburse the department in an amount equal to two
(2) 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.
(g) For purposes of this section, "account" means the
account created under W.S. 35-11-515(a).