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HB0071 • 2005
AN ACT relating to environmental quality; providing for regional and community landfill remediation; providing for inspections and corrective actions; creating corrective action accounts; providing for municipal and regional landfill eligibility for payments from the accounts; providing for reduction of solid waste; providing for solid waste planning and review and approval of plans submitted by local governmental entities; authorizing rulemaking; prohibiting certain grants and loans to local governments without approval plans; providing definitions; providing appropriations; authorizing additional positions; and providing for an effective date.
The latest official action shows that this bill did not move forward in that session.
The plain English breakdown is still being put together. The official documents below are already here.
Died In Committee
H Introduced and Referred to H09; No Report Prior to CoW Cutoff
H Received for Introduction
Bill Number Assigned
WORKING DRAFT 2005 STATE OF WYOMING 05LSO-0137 HOUSE BILL NO. HB0071 Community landfill remediation. Sponsored by: Joint Minerals, Business and Economic Development Interim Committee A BILL for AN ACT relating to environmental quality; providing for regional and community landfill remediation; providing for inspections and corrective actions; creating corrective action accounts; providing for municipal and regional landfill eligibility for payments from the accounts; providing for reduction of solid waste; providing for solid waste planning and review and approval of plans submitted by local governmental entities; authorizing rulemaking; prohibiting certain grants and loans to local governments without approval plans; providing definitions; providing appropriations; authorizing additional positions; and providing for an effective date. Be It Enacted by the Legislature of the State of Wyoming: Section 1. W.S. 35 ‑ 11 ‑ 1901 through 35 ‑ 11 ‑ 1910 and 35 ‑ 11 ‑ 2001 through 35 ‑ 11 ‑ 2006 are created to read: ARTICLE 19 COMMUNITY LANDFILL REMEDIATION 35 ‑ 11 ‑ 1901. Purpose. The purpose of this article is to provide a process and funding mechanism for corrective action at sites contaminated by municipal solid waste landfills. 35 ‑ 11 ‑ 1902. Corrective action account created. There is created the state leaking landfill corrective action account. This account shall provide for financial assurance coverage required by state law for municipal solid waste landfills and shall be used by the department to take corrective action at the landfills in response to a release. The department shall use the state leaking landfill corrective action account as appropriated by the legislature for the administration of this article. Interest earned by this account shall be deposited in the state leaking landfill corrective action account. 35 ‑ 11 ‑ 1903. Regional landfill trust account created. There is created the state regional landfill trust account. This account shall provide for payments for corrective actions at regional landfills owned or operated by a municipality as defined in W.S. 35 ‑ 11 ‑ 103 as required by state law and shall be used by the department to take corrective action as required at any regional landfill. The department shall use monies from the state regional landfill trust account as appropriated by the legislature for the administration of this article. Interest earned by the state regional landfill trust account shall be deposited in the state leaking landfill corrective action account. 35 ‑ 11 ‑ 1904. Corrective action fees; regional landfill trust account fees. (a) Annual fees shall be paid to the department for the purpose of providing the local government contribution to the state leaking landfill corrective action account as follows: (i) Each operating solid waste landfill used for the disposal of municipal solid waste within the state shall pay to the department an annual fee, beginning on July 1, 2006. For landfills constructed after July 1, 2006, the annual fee shall begin on July 1 of the first year the landfill is in operation. For the first year the fee shall be equivalent to three dollars ($3.00) for each person residing within the service area of the solid waste landfill. This fee shall be deposited in the state leaking landfill corrective action account. The annual fee under this paragraph shall be paid for a period of no more than thirty (30) years, or until the landfill closes, whichever occurs first; and (ii) For any city, town or any portion of a county of the state where municipal solid wastes generated are disposed at any facility not subject to the fees specified in paragraph (i) of this subsection, the city, town, county or other political subdivision shall pay to the department an annual fee. For the first year the fee shall be equivalent to three dollars ($3.00) for each person residing within the city, town or portion of a county. This fee shall be deposited in the state leaking landfill corrective action account. The annual fee under this paragraph shall be paid for a period of no more than thirty (30) years, or until the city, town or affected portion of the county sends municipal solid wastes to a facility subject to the fee requirements of paragraph (i) of this subsection, whichever occurs first. (b) In addition to any fees paid under subsection (a) of this section for operating landfills, owners or operators of a municipal landfill accepted by the department for participation in the state leaking landfill corrective action program shall pay an annual fee to the department for a period of ten (10) years for the purpose of providing the local government contribution to the state leaking landfill corrective action account. For the first year of the ten (10) year fee period the annual fee shall be established by the department for each participating municipal landfill and shall be calculated to require payment equivalent to two dollars and fifty cents ($2.50) for each person residing within the service area of the participating municipal landfill when it was operating. Failure to meet these requirements may subject the municipality which owns the landfill to a civil action by the department or for cost recovery of any funds from the state leaking landfill corrective action account which have been expended by the department at the landfill. The fees collected under this subsection shall be deposited in the state leaking landfill corrective action account. (c) Beginning July 1, 2006, owners or operators of each operating municipal solid waste disposal facility shall pay an annual fee to the department as specified in this subsection for the purpose of funding the state regional landfill trust account. The annual fee shall be a fee equivalent to two dollars ($2.00) for each person residing within the service area of the solid waste disposal facility. This fee shall be deposited in the state regional landfill trust account. The fee under this subsection shall be suspended for any fiscal year in which the state regional landfill trust account contains more than twenty million dollars ($20,000,000.00) as of the first day of the fiscal year. The fee shall be reinstituted by the department on July 1 of any year in which the account contains less than twelve million dollars ($12,000,000.00). (d) For purposes of this article: (i) The number of persons residing within a service area shall be determined by the department based upon the most recent population data available from the United States census bureau; (ii) The percentage increase in the annual fees specified in subsections (a) and (b) of this section shall be equal to the annual percentage increase in the cost of living as of the immediately preceding January 1, as shown by the Wyoming cost-of-living index as determined by the division of economic analysis of the department of administration and information. 35 ‑ 11 ‑ 1905. Eligibility; corrective actions; landfill priorities. (a) To be eligible for use of the state leaking landfill corrective action account, the owner or operator of the municipal landfill shall: (i) Demonstrate that the municipal landfill was closed before July 1, 2010; (ii) Demonstrate the municipal solid waste currently being generated within the former service area of the municipal landfill is being managed as described in an integrated solid waste management plan under W.S. 35 ‑ 11 ‑ 2005 and is being disposed at a regional landfill; and (iii) Be a city, town, county or other political subdivision of the state. (b) The department is authorized to expend funds from the state leaking landfill corrective action account to take corrective actions at sites contaminated by municipal landfills that are eligible and are participating in the state leaking landfill corrective action program, and to make reimbursement payments as may be allowed by W.S. 35 ‑ 11 ‑ 1906. The department shall take corrective actions based on a landfill's placement on the priority list. If an emergency threat to public health, safety and welfare or to the environment exists, or costs of cleanup may be significantly reduced, a municipal landfill may be moved up on the priority list for immediate corrective action. The department may expend funds from the state leaking landfill corrective action account to install control systems at municipal landfills where, in the judgment of the department, installing systems is necessary to prevent future releases from the landfill. In taking a corrective action the department shall comply with requirements for municipal landfill corrective action established in rules and regulations promulgated under W.S. 35 ‑ 11 ‑ 501 through 35 ‑ 11 ‑ 520. (c) The department shall establish, and may from time to time revise, a priority list of leaking municipal landfills. The priorities shall be based on public health, safety and welfare and environmental concerns. (d) If, after due diligence, no owner or operator of the municipal landfill can be found, a leaking landfill may be placed on the priority list in appropriate rank with other sites. The department may expend funds from the leaking landfill corrective action account to perform corrective actions at the landfill. (e) If any state leaking landfill corrective action funds have been expended at an eligible municipal landfill, and the landfill ceases to maintain eligibility, the department may continue to operate corrective action systems or perform any other action necessary to abate pollution from the landfill. The department may recover actual expenses incurred by the department in taking a corrective action by bringing a civil action against the owner or operator of the landfill. These recoverable expenses include, but are not limited to, costs of investigating a release, monitoring, installing and operating corrective action systems, capping, administrative costs and reasonable attorney fees. The department's certification of expenses is prima facie evidence the expenses are reasonable and necessary. Expenses recovered under this section shall be deposited in the state leaking landfill corrective action account. (f) Nothing in this section shall be construed to authorize payments or commitments for payments in amounts in excess of the monies available. (g) For any eligible municipal landfill subject to requirements for corrective action under article 5 of this act, no later than one hundred eighty (180) days following receipt of notification that the state leaking landfill corrective action account has become incapable of paying for corrective actions, the owner or operator shall assume financial responsibility to meet the corrective action requirements. Upon assumption of the corrective action requirements by the owner or operator, the fee required under W.S. 35 ‑ 11 ‑ 1904(a) and (b) shall no longer apply. 35 ‑ 11 ‑ 1906. Reimbursement; appeals. (a) The state shall not reimburse any person for expenses incurred to comply with state solid waste rules regarding remediation of releases from a regulated municipal solid waste disposal facility, if the expenses were incurred by the owner or operator of the facility prior to the facility's acceptance in the state leaking landfill corrective action program as provided in W.S. 35 ‑ 11 ‑ 1905(a), unless: (i) The expenses occurred after April 1, 2005; and (ii) The expenses were approved in writing by the department before they were incurred by the owner or operator. (b) Any reimbursement made pursuant to subsection (a) of this section shall only be made upon demonstration that the landfill meets the eligibility requirements of W.S. 35 ‑ 11 ‑ 1905(a), and shall be made by the department from the state leaking landfill corrective action account to the owner or operator of the landfill who incurred the allowable expense, provided that: (i) For any given year, the department shall limit repayments under subsection (a) of this section to no more than fifty percent (50%) of all actual deposits to the state leaking landfill corrective action account which were made from all deposits during the prior year; (ii) The department shall have the authority to suspend reimbursement payments under subsection (a) of this section in any given year if payments preclude the department from addressing a higher priority corrective action problem under this article; and (iii) The department may schedule reimbursement payments under subsection (a) of this section to allow the department to comply with the limitations of this subsection. (c) No reimbursement of expenses to an owner or operator shall be made for any expense incurred to comply with rules and regulations of the department for detection or assessment monitoring to detect releases of pollutants from a regulated municipal solid waste landfill, or to comply with any other rules and regulations respecting operations, closure or post closure care of a landfill. (d) In any case where an owner or operator disputes the department's decision to approve or deny allowance of expenditures for corrective action at a municipal solid waste landfill pursuant to paragraph (a)(ii) of this section, the owner or operator may appeal the decision to the council within ten (10) days of receipt of the decision. 35 ‑ 11 ‑ 1907. No insurance proviso; dismissal of suits; release of past obligations. (a) Nothing in this article shall be construed as creating an insurance company nor in any way subjecting the accounts created under this article to the laws of the state regulating insurance or insurance companies. (b) The state attorney general shall move to dismiss any pending or ongoing suit or administrative action based on the requirement that any municipal landfill owner or operator take corrective action or actions for the cost recovery of state corrective actions, for any municipal landfill electing to participate and eligible for participation in the state landfill corrective action program. The party in a dismissed suit may become eligible for state leaking landfill corrective action account monies in the same manner as any other owner or operator. Failure to take the necessary actions to become eligible shall result in the owner or operator in a dismissed suit being considered ineligible for use of the state leaking landfill corrective action account monies in the same manner as any other owner or operator. (c) Any obligations a municipal owner or operator owes the state under a court order or a negotiated settlement resulting from a suit requiring corrective action shall be released by the state if the owner or operator of the site takes action necessary to become eligible for use of state leaking landfill corrective action account monies. 35 ‑ 11 ‑ 1908. Public notice. The department shall notify adjacent landowners of all confirmed releases from municipal landfills participating in the state leaking landfill corrective action program. The department shall upon request, provide or make available to the interested public information concerning the nature of the release and the corrective actions planned or taken. 35 ‑ 11 ‑ 1909. Right of entry; inspections; notice of inspections; off-site locations. (a) When requested by an authorized agent of the state a municipal landfill owner or operator shall: (i) Provide information to determine compliance with statutes and rules and regulations; (ii) Provide access to any site or premises where the landfill is located or where any records relevant to the operation of the landfill are kept; (iii) Provide copies of any records relevant to the operation of the landfill; (iv) Allow the authorized agent to obtain samples of soil, gas or groundwater; (v) Allow the authorized agent to inspect or conduct monitoring or testing at the landfill; and (vi) Allow the authorized agent entry on the premises to do assessments and corrective actions. (b) In carrying out a corrective action 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 corrective action. (c) The department shall give a minimum of one (1) business day's notice prior to an investigation unless an imminent or substantial threat to human health or the environment exists. (d) The department shall, prior to accessing any off-site location to which pollution may have migrated from a participating municipal landfill, for the purpose of installing corrective action systems, monitoring systems or other necessary corrective action system components, secure the permission of the owner of the off-site location. An off-site location owner may deny access to the department, but in such case the off-site location owner shall not be considered an innocent owner as defined in W.S. 35 ‑ 11 ‑ 1801(a) and may be held liable to perform corrective actions on the off-site location. 35 ‑ 11 ‑ 1910. Third party liability. Nothing in this article shall require the state to pay damages or other costs for third party liability claims arising from any release of pollution from an eligible municipal landfill or regional landfill. ARTICLE 20 EFFICIENT SOLID WASTE MANAGEMENT 35 ‑ 11 ‑ 2001. Rulemaking authority. The department shall by rule establish specific goals for the management of municipal solid waste within the state, including goals for community recycling rates considering the availability of markets for collected recyclable materials, goals for diversion of waste from municipal landfill disposal, goals for the beneficial reuse of municipal solid waste, goals for the use of cost effective regional solid waste management systems and other goals to achieve the purpose and objectives of this article. 35 ‑ 11 ‑ 2002. Local government incentives. (a) To assist local governmental entities in achieving the goals established by W.S. 35 ‑ 11 ‑ 2001 and by rules of the department, the department shall: (i) Assume corrective action responsibility for leaking landfills from participating local governmental entities in accordance with the provisions of article 19 of this act; and (ii) Provide technical assistance to local governmental entities by issuing guidance, providing advice and information about community recycling and waste diversion systems, developing state and local markets for collected recyclable materials and performing other activities to assist them in meeting state waste management goals. (b) Local governmental entities that meet state waste management goals established by the department under W.S. 35 ‑ 11 ‑ 2001 shall not be required to implement waste bans or volume based disposal fees established under W.S. 35 ‑ 11 ‑ 2003. (c) The department shall establish and administer programs to recognize local governmental entities and community leaders who meet or exceed state waste management goals under W.S. 35 ‑ 11 ‑ 2001. 35 ‑ 11 ‑ 2003. Rules for landfill bans; volume based fees; record keeping; reporting. (a) The department shall establish rules which: (i) Require owners or operators of municipal solid waste disposal facilities to institute waste bans at disposal facilities serving any area of the state which fail to meet state waste management goals established under W.S. 35 ‑ 11 ‑ 2001; and (ii) Require local governmental entities to institute volume based disposal fees in the event of a failure by the entity to meet state waste management goals established under W.S. 35 ‑ 11 ‑ 2001. (b) The department shall establish methods and practices for local governmental entities to record information about waste generation rates, waste reduction, recycling and diversion rates, waste disposal rates and require periodic reporting of that information to the department. 35 ‑ 11 ‑ 2004. Recommendations for planning areas. The administrator of the solid and hazardous waste division shall, by June 30, 2006, assess the patterns of generation of municipal solid waste within the state and issue a report identifying those areas of the state which, in the judgment of the administrator, constitute areas where integrated solid waste management plans should be developed by local governmental entities. The identification of planning areas shall be considered to be guidance to local governmental entities and the department may not require local governmental entities to adhere to any planning area boundaries recommended by the administrator. 35 ‑ 11 ‑ 2005. Integrated solid waste management plans. (a) Each local governmental entity shall develop and maintain an integrated solid waste management plan describing management of solid waste generated within its jurisdiction, or shall participate in a multijurisdictional integrated solid waste management plan. (b) Local governmental entities may comply with the requirements of this section by creating plans incorporating more than one (1) multijurisdictional area. (c) Plans shall be completed and submitted to the department by June 30, 2008, and shall be reviewed, revised as necessary, and resubmitted to the department every ten (10) years thereafter. (d) To be considered part of a plan, a local governmental entity shall have and maintain a written agreement with other plan participants including, but not limited to, a joint powers agreement, to provide for solid waste management services within the multijurisdictional area addressed by the plan. (e) Integrated solid waste management plans shall describe solid waste management practices for all service areas of each local governmental entity participating in the integrated solid waste management plan. Election of one (1) or more cities or towns not to participate in an integrated solid waste management planning effort undertaken in compliance with this section shall not affect the eligibility of the remaining local governmental entities engaged in the planning effort to receive state funding under this article, nor the ability of the department to approve the resulting integrated solid waste management plan. A local governmental entity declining to participate in an integrated solid waste management plan may conduct its own integrated solid waste planning effort but shall not be eligible to receive state funding under this article, nor shall any solid waste disposal facility maintained for the exclusive use of the local governmental entity be designated a regional landfill under this article. 35 ‑ 11 ‑ 2006. Integrated solid waste management plan content; department approval; funding of plan implementation. (a) Integrated solid waste management plans shall contain information required by the director including, but not limited to, the following information showing how the state waste management goals of W.S. 35 ‑ 11 ‑ 2001 shall be achieved: (i) Identification of the waste streams that shall be managed and how these waste streams shall be managed; (ii) An analysis of current systems; (iii) Waste management plans which address a period of not less than twenty (20) years; (iv) Plans for the development and permitting of facilities to achieve the plan's goals; (v) An economic analysis of the full cost of systems selected by the participating local governmental entities to achieve the plan's goals; (vi) A demonstration that the participating local governmental entities have sufficient financial ability to design, construct, operate, monitor, close and conduct post closure care and corrective action activities for selected options; (vii) Identification of the solid waste disposal facility or facilities to which solid waste generated within the jurisdiction of the plan is to be sent; (viii) Identification of financial or other incentives to be offered to residents to encourage participation in local recycling programs; and (ix) A description of how the plan shall be implemented and how the plan's recommended management practices shall be funded. (b) Each plan shall be submitted for public review prior to submission to the department. The plan submission shall include a statement describing public comments received and discussing how the public comments were addressed. The department shall review each plan and approve or disapprove the plan based upon its evaluation of whether the plan is likely to result in the achievement of state waste management goals established under W.S. 35 ‑ 11 ‑ 2001. The department shall not have the power to order modification of a plan or implementation of a specific waste management activity unless otherwise required by law or rule of the department. Whenever the department disapproves a plan, it shall provide a statement of the basis for its disapproval. Plans that are disapproved by the department may be resubmitted for subsequent review by the department. (c) Following any disapproval by the department of any integrated solid waste plan, no loan or grant under W.S. 9 ‑ 4 ‑ 604 shall be provided to any local governmental entity within the integrated solid waste management planning area by the state loan and investment board for any solid waste management facility. The loan and grant ban established by this subsection shall continue in effect until the plan has been approved. Section 2. W.S. 9 ‑ 4 ‑ 604(a)(intro) and 35 ‑ 11 ‑ 103(a)(xiii) and by creating a new subsection (h) are amended to read: 9 ‑ 4 ‑ 604. Distribution and use; capital construction projects and bonds; municipal, county and special district purposes. (a) Revenues received under W.S. 9 ‑ 4 ‑ 601(a)(vi) and (b)(i) shall be credited to a capital construction account. No money shall be expended from the account until the money has been appropriated by the legislature to the state loan and investment board through the normal budget process to be used in the board's discretion for any purpose authorized by this section. The revenues shall be used to finance state revenue bonds as provided by this section. The balance shall be used for the making of loans or grants to incorporated cities and towns, counties and special districts as provided in this section. No loan or grant shall be made by the state loan and investment board under the provisions of this section until the loan or grant application has been referred by the board to a state agency for review as determined by the board. The state agency shall provide the board with a written review of any loan or grant application referred to the agency and any other assistance requested by the board. No loan or grant shall be provided to any local governmental entity within an integrated solid waste management planning area defined under W.S. 35 ‑ 11 ‑ 2004, for a solid waste management facility until an integrated solid waste plan has been approved in accordance with W.S. 35 ‑ 11 ‑ 2006. No grant shall be made by the state loan and investment board under this section to any county unless the county imposes at least eleven (11) or ninety-one and sixty-seven one-hundredths percent (91.67%) of the available mills authorized by article 15, section 5 of the Wyoming constitution, or unless the county is imposing the optional sales tax authorized under W.S. 39 ‑ 15 ‑ 204(a)(i) or (iii). No grant shall be made by the state loan and investment board under this section to any municipality unless the municipality imposes at least seven (7) or eighty ‑ seven and five ‑ tenths percent (87.5%) of the available mills authorized by article 15, section 6 of the Wyoming constitution. No grant shall be made by the state loan and investment board under this section to any special district or other lawful entity which imposes less than eighty percent (80%) of any authorized mill levy. The state loan and investment board may waive the taxation requirements imposed by this subsection for good cause shown such as other funding sources, but in no case shall the state loan and investment board authorize any grant to any municipality under this section which does not impose at least two (2) or twenty-five percent (25%) of the available mills authorized by article 15, section 6 of the Wyoming constitution. The state loan and investment board shall grant money as authorized by this section only when the board finds the grant is necessary to: 35 ‑ 11 ‑ 103. Definitions. (a) For the purpose of this act, unless the context otherwise requires: (xiii) "This act" means W.S. 35 ‑ 11 ‑ 101 through 35 ‑ 11 ‑ 403, 35 ‑ 11 ‑ 405, 35 ‑ 11 ‑ 406, 35 ‑ 11 ‑ 408 through 35 ‑ 11 ‑ 1106, 35 ‑ 11 ‑ 1414 through 35 ‑ 11 ‑ 1428, 35 ‑ 11 ‑ 1601 through 35 ‑ 11 ‑ 1613, 35 ‑ 11 ‑ 1701 , and 35 ‑ 11 ‑ 1801 through 35 ‑ 11 ‑ 1803 , 35 ‑ 11 ‑ 1901 through 35 ‑ 11 ‑ 1910 and 35 ‑ 11 ‑ 2001 through 35 ‑ 11 ‑ 2006 . (h) Specific definitions applying to community landfill remediation and efficient solid waste management: (i) "Corrective action" means an action taken to investigate, minimize, eliminate or clean up a release to protect the public health, safety, welfare or the environment; (ii) "Integrated solid waste management" means the complementary use of a variety of practices to handle municipal solid waste safely and effectively. Integrated solid waste management techniques include source reduction, recycling, composting, combustion, landfilling and other methods to finally dispose of municipal solid waste; (iii) "Multijurisdictional area" means all or parts of two (2) or more incorporated municipalities, counties or other political subdivisions of the state; (iv) "Municipal landfill" means a landfill for the disposal of household and other solid wastes which is owned or operated by a city, town, county or other political subdivision of the state; (v) "Municipal landfill owner or operator" means a city, town, county or other political subdivision of the state that either owned, or is responsible for the operation of, a municipal solid waste disposal facility; (vi) "Regional landfill" means a disposal facility that is constructed with an engineered containment system, serves a multijurisdictional area, has been designated as a regional disposal facility in an integrated solid waste management plan submitted under W.S. 35 ‑ 11 ‑ 2005 and approved by the department, and if owned by a person who is not a municipality, has insurance or other financial assurance or other capability for corrective action costs in an amount not less than two million five hundred thousand dollars ($2,500,000.00); (vii) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching or disposing of any pollutant from a municipal landfill into groundwater, surface water or subsurface soils; (viii) "State leaking landfill corrective action account" means the account established in W.S. 35 ‑ 11 ‑ 1902; (ix) "State regional landfill trust account" means the account established in W.S. 35 ‑ 11 ‑ 1903; (x) "Volume based disposal fees" mean a local government ordinance or operating practice which establishes a disposal fee system for users of a municipal solid waste landfill where users who dispose a larger quantity of solid waste in any given time period pay a larger disposal fee than users who dispose a lower quantity of solid waste; (xi) "Waste bans" mean a local government ordinance or operating practice to prohibit the disposal of specified solid waste at a municipal solid waste landfill. Section 3. There is appropriated to the state leaking landfill corrective account from the general fund three million five hundred thousand dollars ($3,500,000.00) or as much thereof as is necessary for the purposes of implementing W.S. 35 ‑ 11 ‑ 1901 through 35 ‑ 11 ‑ 1910. This general fund appropriation is for the period beginning with the effective date of this act and ending June 30, 2006. A request of seven million dollars ($7,000,000.00) shall be included in the department of environmental quality's 2007 ‑ 2008 biennium standard budget request for purposes of continuing funding of this program. Section 4. There are authorized seven (7) additional positions to the department of environmental quality for the purposes of implementing this act. There is appropriated to the department of environmental quality funds in the amount of three hundred fifty thousand dollars ($350,000.00) or as much thereof as is necessary from the state leaking landfill corrective action account and two hundred fifty-five thousand dollars ($255,000.00) from the general fund for the period beginning with the effective date of this act and ending June 30, 2006. A request of seven hundred thousand dollars ($700,000.00) from the state leaking landfill corrective action account and five hundred ten thousand dollars ($510,000.00) from the general fund shall be included in the department of environmental quality's 2007 ‑ 2008 biennium standard budget request for purposes of continuing funding of this program and these positions. Section 5. (a) There is appropriated from the general fund to the department of environmental quality seven hundred thousand dollars ($700,000.00) or as much thereof as is necessary for the purpose of providing grants to assist participating local governmental entities in the preparation of integrated solid waste management plans under W.S. 35 ‑ 11 ‑ 2001 through 35 ‑ 11 ‑ 2006. The department shall provide grants to local governmental entities, subject to the appropriation amount provided herein: (i) An amount not to exceed fifteen thousand dollars ($15,000.00) may be provided to the local governmental entity preparing an integrated solid waste management plan for a multijurisdictional area encompassing all or parts of no more than a total of two (2) counties or incorporated municipalities; (ii) An amount not to exceed thirty thousand dollars ($30,000.00) may be provided to the local governmental entity preparing an integrated solid waste management plan for a multijurisdictional area encompassing all or parts of at least a total of three (3) counties or incorporated municipalities; and (iii) A supplemental grant amount not to exceed forty-five thousand dollars ($45,000.00) may be provided to the local government entity preparing an integrated solid waste management plan encompassing all or parts of at least a total of four (4) incorporated municipalities or counties and who currently is, or certifies to the department that they intend to be, the host of a regional solid waste disposal facility for the receipt of municipal solid wastes generated within the planning area. Section 6. The department of environmental quality shall submit to the joint minerals, business and economic development interim committee by October 1, 2006 a report identifying the actions taken and monies expended pursuant to this act and shall submit the report by October 1, annually thereafter. Section 7. This act is effective immediately upon co m pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit u tion. (END) 1 HB0071