Municipal solid waste landfill remediation.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0065

ENROLLED ACT NO. 43, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to public health and safety;
creating the municipal solid waste lan
d
fill remediation program;
creating criteria for the program; creating the municipal solid waste landfill remediation account;

providing qualifications for expenditures from the
account
;
providing for reimbursement for the cost of
r
emediation and monitoring
activities
as specified;

providing
a definition
;
providing rulemaking authority;

depositing funds into the account;

and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.
W.S. 35
‑
11
‑
528 through 35
‑
11
‑
53
2
are created to read:

35
‑
11
‑
528.

Municipal solid waste landfill remediation program created; purpose.

(a)

There is created the m
unicipal solid waste landfill remediation program
. The program shall be administered by the solid and hazard
ous
waste division of the department of environmental quality with the input of the waste and water advisory board as provided in W.S. 35
‑
11
‑
528 through 35
‑
11
‑
53
2
.

(b)

The legislature recognizes the threat to the public health, safety, welfare and the environment caused by pollution to soil and water from
leaking
municipal solid waste landfills
. The purpose of this
program
is to take
state
primacy of the
municipal solid waste landfill remediation
program and to provide funding to take
remediation
actions at
eligible

leaking

municipal solid waste landfills
.

35
‑
11
‑
529
.

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 bu
t
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 system
s
for
up to

ten (10) year
s. The department may operate and maintain a system for a longer
period of time
in consideration of site specific circumstances
.
T
he
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 p
ursuant to W.S. 35
‑
11
‑
524 and
other factors as provided in W.S. 35
‑
11
‑
53
1
(a)(
i
v).
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;

(i
ii
)

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 de
partment 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 provid
e
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 generally accepted accounting principles in managing all
solid waste facilities under the control of the local operator or political subdivision
, including the recognition of 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
action
s
.

(
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 depar
t
ment 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.

35
‑
11
‑
53
0
.

Municipal solid waste landfill remediation account; authorized expenditures from the account.

(a)

There is created the municipal solid waste landfill remediation
account.
The department shall use monies from the
municipal solid waste landfill remediation
account as appropriated by the legislature for the administration of the program. Interest earned by this account shall be
deposited in the general fund.
Notwithstanding W.S.
9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a)
, f
unds deposited in this account shall not revert without further action of the legislature.

(
b
)

For a
leaking municipal solid waste landfill
to be eligible for use of monies in the account, the owner or operator of the site shall
comply with all requirements
of the program and regulations of the council adopted pursuant to W.S. 35
‑
11
‑
53
1
.

(c)

Pursuant to subsection (d) of this section, in
addition
to expenditures from the account authorized by W.S. 35
‑
11
‑
529(a), the department shall reimburse costs
incurred by a local operator who performed remediation and monitoring
activities
from the account if:

(i)

A work plan for the remediation and monitoring activities was submitted
to
and approved by
the department;

(ii)

The remediation and monitoring activities were initiated between July 1, 2006
and
December 31, 2012;

(iii)

The local operator of a municipal solid waste landfill provides the department with an accurate accounting of the costs of remediation and monitoring activities conduc
t
ed at the
municipal
solid waste landfill between July 1,

2006 and December 31, 2012; and

(iv)

The local operator conducts additional remediation and monitoring activities at the leaking municipal solid waste landfill which are eligible for funding under W.S. 35
‑
11
‑
529(a) on or after July 1, 2013.

(d)

Reimbursement authorized under
s
ubsection (c) of this section shall not exceed:

(i)

For all reimbursements, a
total of four million dollars ($4,000,000.00);

(ii)

For any one (1) municipal solid waste landfill, a
n amount equal to the local operator's twenty-five percent (25%) share of the total cost of remediation and monitoring
activities
required by W.S. 35
‑
11
‑
529(c)(v) for remediation and monitoring activities eligible for funding under W.S. 35
‑
11
‑
529(a) conducted at the
municipal
solid waste landfill after July 1, 2013.

35
‑
11
‑
53
1
.

Rules and regulations.

(a)

The council shall promulgate rules and regulations necessary to administer th
e

program
after recommendation from the director of the department, the administrator
of the solid and hazardous waste division
and
the
water and waste
advisory boa
rd
. The rules shall include but shall not be limited to rules and regulations which:

(i)

Provide for
landfill
monitoring
and remediation system
design, construction,
installation
and monitoring
standards which shall be no less stringent than federal
requirements
;

(ii)

Specify the requirements for delegating installation or modification inspection authority including but not limited to requirements for
contractors
and local operators
;

(i
ii
)

Establish a procedure or procedures for reporting any release from a
municipal solid waste landfill
;

(
i
v)

I
nclude provisions under which priorities for
remediation
action
s

shall
be established
in addition to the priority list created pursuant to W.S. 35
‑
11
‑
524. Those
priorities
shall be established
considering
, but not limited to
,
the following factors
:

(A)

Funding availability;

(B)

Cost efficiencies
achieved by allocation of resources;

(C)

Opportunities for increased cost sharing
between
monitoring and
remediation

actions at multiple
leaking municipal solid waste landfills
;

(D)

Timeliness of remediation
in reducing risk to public health, safety and welfare or the environment
;

(E)

The likelihood that the remedy will reduce or
eliminate
the
threat posed to public health, safety
and welfare or the environment
by continuing releases
;
and

(F)

Whether the facility has
complete
d
closure and transfer
actions
at the leaking municipal solid waste facility
. Priority shall be given to solid waste facilities which have completed closure and transfer actions
.

(v
)

Require records for compliance with repairs and upgrades to be maintained for the operational life of the
landfill remediation and
monitoring
system
;

(vi
)

Create
requirements
for participation in the program and for the return of the facility to local control pursuant to W.S. 35
‑
11
‑
529
(a)
; and

(
vii
)

Specify standards for restoration of the environment.

35
‑
11
‑
53
2
.

Restoration standard.

Any owner or operator,
the
department or other person taking a corrective action shall restore the environment to a condition and quality consistent with standards established in rules and regulations.

Section 2.

W.S. 35
‑
11
‑
103(d)
by creating a new paragraph (xi)

is
amended to read:

35
‑
11
‑
103.

Definitions.

(d)

Specific definitions applying to solid waste management:

(xi)

"
Eligible l
eaking municip
al solid waste landfill" means
the landfills identified by the department under the priority
list for municipal solid waste landfills that need remediation
created pursuant to W.S. 35
‑
11
‑
524(b).

Section 3.

Monies appropriated to the municipal solid waste landfill account by 2011
Wyoming
Session Law
s,
Chapter 88, Section 354, and all other monies deposited or designated for that account shall be deposited in the municipal solid waste landfill remediation account created by this section.

Section 4.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1