Section 35-11-1901 – Purpose.
35-11-1901. Purpose. The purpose of this article is to establish a process for local governmental entities to prepare and maintain approved integrated solid waste management plans.
Section 35-11-1902 – Integrated Solid Waste Management Plans.
35-11-1902. Integrated solid waste management plans. (a) Each local governmental entity shall prepare and maintain an integrated solid waste management plan describing management of solid waste generated within its jurisdiction or shall participate in a multi-jurisdictional integrated solid waste management plan. (b) Integrated solid waste management plans shall be completed and submitted to the department […]
Section 35-11-1612 – Fees; Notice; Appeal.
35-11-1612. Fees; notice; appeal. The department shall implement a fee system and schedule of fees which are applicable to the preliminary remediation agreements, remedy agreements, certificates of completion and no further action letters authorized under this article. Fees shall cover all reasonable direct and indirect costs of the department’s participation in any activity authorized by […]
Section 35-11-1613 – Remediation Requirements for Nonvoluntary Sites.
35-11-1613. Remediation requirements for nonvoluntary sites. (a) The remediation requirements for sites that do not participate in the voluntary remediation program in W.S. 35-11-1601 through 35-11-1612 may include, in the discretion of the director requirements which: (i) Return contaminated soil and water to background contaminant levels; (ii) Return contaminated soil to contaminant levels that are […]
Section 35-11-1701 – Orphan Site Remediation; Account Created.
35-11-1701. Orphan site remediation; account created. (a) There is created an orphan site remediation account. The director may expend funds contained within the account for the purpose of remediation of orphan sites and the performance of any other activity as defined in this article. (b) As used in this section, orphan sites means: (i) Sites […]
Section 35-11-1801 – Definition of Innocent Owner.
35-11-1801. Definition of innocent owner. (a) “Innocent owner” means a person who did not cause or contribute to the source of contamination and who is one (1) of the following: (i) An owner of real property that has become contaminated as a result of a release or migration of contaminants from a source not located […]
Section 35-11-1802 – Immunity for Innocent Owners.
35-11-1802. Immunity for innocent owners. (a) An innocent owner is not liable for investigation, monitoring, remediation or other response action regarding contamination attributable to a release, discharge or migration of contaminants on his property. (b) To be eligible for immunity under this act, a person shall: (i) Grant to the department or to a person […]
Section 35-11-1611 – Disputes; Appeal.
35-11-1611. Disputes; appeal. If a person and the department are unable after good faith efforts to resolve a dispute arising under this article pursuant to the provisions of an agreement, the person may appeal the department’s decision to the council.
Section 35-11-1608 – No Further Action Letters; Findings; Natural Attenuation.
35-11-1608. No further action letters; findings; natural attenuation. (a) If the department determines that no further remediation is required on a site, the department shall, upon request, provide the owner or prospective purchaser a no further action letter, subject to reopener or termination as provided in W.S. 35-11-1610. The department may only issue a no […]
Section 35-11-1609 – Use Control Areas; When Establishment Required; Procedure; Contents of Petition; Notice; Failure of Governmental Entity to Act; Enforcement; Exception.
35-11-1609. Use control areas; when establishment required; procedure; contents of petition; notice; failure of governmental entity to act; enforcement; exception. (a) The owner of a site who proposes long-term restrictions on the use of the site shall petition to the appropriate governmental entity or entities for the creation of a use control area to establish […]