§ 35-11-534 — Program criteria; requirements for local operator

(a) The department shall contract with entities, including
contractors and local operators, to provide monitoring and
remediation activities, including but not limited to groundwater
remediation and monitoring, methane mitigation and monitoring
and landfill capping, at eligible leaking municipal solid waste
landfills. The department shall oversee and fund up to seventy-
five percent (75%) of the cost of the investigation of
contamination, the design and installation of monitoring and
remediation systems and the operation and maintenance of
monitoring and remediation systems for up to ten (10) years.
The department may operate and maintain a system for a longer
period of time in consideration of site specific circumstances.
The period of time during which the department shall have
responsibility for the monitoring and remediation activities at
a leaking municipal solid waste landfill shall be communicated
to the local operator prior to installation of the monitoring
and remediation systems.
(b) The department shall contract for monitoring and
remediation activities under the program at leaking municipal
solid waste landfills based upon the priority list of landfills
developed pursuant to W.S. 35-11-524 and other factors as
provided in W.S. 35-11-536(a)(iv). The department shall update
the priority list of leaking landfills requiring monitoring and
remediation activities periodically as conditions warrant and
may consider all relevant factors when developing and updating
the priority list.
(c) To be eligible for enrollment under the program, the
local operators of a leaking municipal solid waste landfill
shall:
(i) Enter into a written agreement with the
department to meet all regulatory obligations under the program;
(ii) Implement and revise the community's solid waste
management plan as necessary to comply with all regulatory
obligations;
(iii) Cease disposal of all waste streams at a
leaking closed facility or the leaking portion of an operating
facility which is undergoing remediation activities pursuant to
department rules and regulations and the written agreement
between the department and the local operator;
(iv) Cease disposal into units and facilities
regulated under this article which do not have engineered
containment systems or do not conform to performance based
design standards;
(v) Agree to provide funding from any available
funding source for at least twenty-five percent (25%) of the
total costs of monitoring and remediation under the program;
(vi) Control the source of releases of pollution so
as to reduce or eliminate further releases from the leaking
municipal solid waste landfill;
(vii) Ensure continued revenue or funding streams
sufficient to provide for all foreseeable costs of solid waste
facilities under the control of the local operator or political
subdivision, including but not limited to the full costs of:
(A) Operations;
(B) Monitoring;
(C) Recycling, composting and other diversion
activities;
(D) Closure; and
(E) Post-closure activities.
(viii) Employ accounting principles in managing all
solid waste facilities under the control of the local operator
or political subdivision, pursuant to the Uniform Municipal
Fiscal Procedures Act, W.S. 16-4-101 through 16-4-125, which
recognize liabilities associated with:
(A) Closure and post-closure costs; and
(B) The long-term cost of waste disposal
compared to recycling, composting or other diversion activities.
(d) In carrying out monitoring and remediation activities
under the program the department has the right to construct and
maintain any structure, monitor well, recovery system or any
other reasonable and necessary item associated with taking
remediation and monitoring actions.
(e) The department shall notify the affected public of all
confirmed releases requiring a plan for remediation, and upon
request, provide or make available to the interested public
information concerning the nature of the release and the
remediation actions planned or taken.
(f) The department shall delegate and authorize a local
operator to conduct or oversee monitoring and remediation under
the program pursuant to a written agreement between the
department and the local operator acknowledging that the local
operator shall adhere to all regulatory requirements of the
program in conducting monitoring and remediation activities.
The department shall approve the local operator's monitoring and
remediation plan prior to authorizing the local operator to
conduct or oversee the monitoring and remediation program. The
department shall take all actions necessary to ensure that a
local operator granted authority to conduct or oversee
monitoring and remediation activities under this subsection
complies with all regulatory requirements of the program.