Solid waste-illegal dumping remediation grants.

24LSO-0332
2024
STATE OF WYOMING
24LSO-0332
Numbered
2.0

HOUSE BILL NO. HB0047

Solid waste-illegal dumping remediation grants.

Sponsored by: Representative(s) Penn and Ottman and Senator(s) Salazar

A BILL

for

AN ACT relating to environmental quality; establishing an illegal dumping remediation grant program; specifying requirements for the program; requiring the department of environmental quality to manage the program; creating an account; requiring reports; providing for the transfer of funds; making conforming amendments; requiring rulemaking; and providing for an effective date.

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

Section 1
.

W.S. 35
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11
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538 is created to read:

35
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11
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538.

Illegal dumping remediation; account; use of funds; requirements.

(a)

As used in this section:

(i)

"Department" means the department of environmental quality;

(ii)

"Government entity" means the state of Wyoming, a city, town, county, the Eastern Shoshone tribe, Northern Arapaho tribe or the cooperative tribal governing body;

(iii)

"Illegal dumping" means the disposal of trash or any solid or liquid waste in a manner that violates state, local or tribal law or regulation;

(iv)

"Illegal dumpsite" means a place where illegal dumping has occurred;

(v)

"Remediation" or "remediate" means all actions necessary to clean up, remove, treat or otherwise address any waste from illegal dumping that is on or in an illegal dumpsite to prevent, minimize or mitigate harm to human health or the environment.

(b)

There is created the illegal dumping remediation grant program. Any government entity, or combination of government entities, may apply for and receive a grant under the program in accordance with the following:

(i)

Each government entity seeking a grant shall apply on a form and in a manner prescribed by the department. The application shall describe the illegal dumping or illegal dumpsites that the government entity seeks to remediate with the grant funds, the proposed methods and standards for remediation of the illegal dumping or dumpsite and the source of the funds the government entity will use to provide the matching funds required under paragraph (v) of this section;

(ii)

The department shall review the application upon receipt and shall determine whether the government entity has demonstrated that there is illegal dumping or an illegal dumpsite to remediate. The environmental quality council, as recommended by the director of the department and the administrator of the solid and hazardous waste management division, shall promulgate rules specifying standards for determining whether a government entity has demonstrated the illegal dumping or illegal dumpsites specified in the government entity's application and specifying criteria by which remediation shall occur;

(iii)

Before awarding a grant under this section, a government entity shall enter into an agreement with the department that specifies how the grant funds will be used to remediate illegal dumping or one (1) or more illegal dumpsites. If the government entity applying under this section is the Eastern Shoshone tribe, Northern Arapaho tribe or the cooperative tribal governing body, the tribe or tribal governing body shall enter into a cooperative agreement with the state of Wyoming before a grant is awarded;

(iv)

Grants awarded under this section shall not exceed one hundred twenty
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five thousand dollars ($125,000.00) for any one (1) government entity;

(v)

Each government entity receiving a grant under this section shall provide a local match in an amount of ten percent (10%) of the total grant awarded;

(vi)

Grants awarded under this section shall be distributed from funds available in the illegal dumping remediation account;

(vii)

A government entity that has expended all funds awarded in a grant under this section may apply to the department for a subsequent grant if necessary to complete remediation;

(viii)

Nothing under this subsection shall prohibit a government entity from applying for and receiving more than one (1) grant for multiple illegal dumpsites;

(ix)

Grant funds awarded under this section shall only be expended to remediate illegal dumping or illegal dumpsites.

(c)

There is created the illegal dumping remediation account. Funds within the account are continuously appropriated to the department to be expended only for purposes of awarding grants to remediate illegal dumping as provided in this section. The director of the department may deposit any applicable federal funds into the account. Funds in the account shall be invested in accordance with law and any earnings shall be deposited into the account.

(d)

Not later than October 1, 2024 and each October 1 thereafter that grants are awarded under this section, the department shall report to the joint minerals, business and economic development interim committee on the number of applications received, the number of grants disbursed and the amount of grants disbursed to each government entity for the immediately preceding fiscal year.

Section 2.

W.S. 35
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1424(a)(intro), (vi) by creating a new subparagraph (B), by renumbering subparagraphs (B) and (C) as (C) and (D) and (vii) is amended to read:

35
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11
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1424.

Corrective action account created; use of monies; cost recovery.

(a)

There is created the corrective action account. This account is intended to provide for financial assurance coverage required by federal law and shall be used by the department to take corrective action in response to a release and to remediate orphan sites and solid waste landfills. The department shall use monies from the corrective action account as appropriated by the legislature for the administration of this article, W.S. 35
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11
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533 through 35
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537 and 35
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1701. Interest earned by this account shall be deposited in the general fund. Monies in the corrective action account may also be used for the state drinking water and water pollution control revolving loan accounts pursuant to W.S. 16
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1
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201 through 16
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1
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207 and 16
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1
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301 through 16
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1
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308
and for the illegal dumping remediation account under W.S. 35
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11
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538
. Except as provided in subsection (p) of this section, and contingent on availability of money in the corrective action account, the director shall distribute monies in the corrective action account to the solid waste landfill remediation account created by W.S. 35
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11
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535
, the illegal dumping remediation account created by W.S. 35
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538
and the orphan site remediation account created pursuant to W.S. 35
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1701 on July 1 of each specified year in an amount up to:

(vi)

2024 through 2028 provided that in no event shall monies plus net accounts receivable in the corrective action account on July 1 of any year of this period be less than two million dollars ($2,000,000.00), the director shall:

(B)

Deposit up to two hundred fifty thousand dollars ($250,000.00) from the remainder of the monies in the corrective action account into the illegal dumping remediation account created by W.S. 35
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11
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528;

(B)
(C)

Deposit up to one million dollars ($1,000,000.00) from the remainder of the monies in the corrective action account into the orphan site remediation account; and

(C)
(D)

Deposit the remainder of the monies from the corrective action account into the solid waste landfill remediation account.

(vii)

2029 and each year thereafter
‑
the director shall determine expected expenditures from the corrective action account for the underground storage tank program for the next fiscal year and retain monies equal to that amount in the corrective action account, with the remainder of the monies being divided and deposited
in accordance with the following:

(A)

The director shall deposit up to two hundred fifty thousand dollars ($250,000.00) from the remainder of the monies in the corrective action account into the illegal dumping remediation account created by W.S. 35
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11
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528;

(B)

A
t the director's discretion
, the director shall deposit the remainder of the monies
into the solid waste landfill remediation account and the orphan site remediation account, but in no event shall monies plus net accounts receivable in the corrective action account on July 1 of any year be less than two million dollars ($2,000,000.00).

Section 3
.

The environmental quality council, upon recommendation from the department of environmental quality, shall promulgate all rules necessary to implement this act.

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)

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HB0047