Section 35-11-1610 – Reopening or Termination of Remedy Agreements, Covenants Not to Sue, Certificates of Completion or No Further Action Determinations; Conditions; Recording.
35-11-1610. Reopening or termination of remedy agreements, covenants not to sue, certificates of completion or no further action determinations; conditions; recording. (a) The department may reopen a remedy agreement, covenant not to sue or certificate of completion at any time if: (i) The current owner fails substantially to comply with the terms and conditions of […]
Section 35-11-1602 – Eligibility for Voluntary Remediation Program; Sites Eligible; Sites Ineligible.
35-11-1602. Eligibility for voluntary remediation program; sites eligible; sites ineligible. (a) Eligible sites shall include sites which meet the following conditions: (i) Sites, or portions of sites, where releases occurred before the effective date of this article and: (A) The site, or portion of site, where the release occurred was not subject to the permit […]
Section 35-11-1603 – Participation in the Voluntary Remediation Program; Application; Time for Determination.
35-11-1603. Participation in the voluntary remediation program; application; time for determination. To participate in the voluntary remediation program a person must submit an application to the department that identifies the owner and provides a location and description of the site. The application shall also describe the site-specific conditions which the applicant believes satisfy one (1) […]
Section 35-11-1604 – Public Participation; Notice; Plan.
35-11-1604. Public participation; notice; plan. (a) Following any determination by the department that a site is an eligible site, or following the submission of any application to modify an existing remedy agreement, the owner or operator shall give written notice to all surface owners of record of land which is contiguous to the site, and […]
Section 35-11-1605 – Voluntary Remediation Standards; Site-Specific, Risk-Based Standards; Considerations in Choice of Remedy; Alternate Standards for Soil; Alternate Standards for Soil or Water; Point of Compliance; Contamination From Source Not on Site; Alternate Remediation Standards for Site Contaminated From Source Not on Site; Supplemental Requirements.
35-11-1605. Voluntary remediation standards; site-specific, risk-based standards; considerations in choice of remedy; alternate standards for soil; alternate standards for soil or water; point of compliance; contamination from source not on site; alternate remediation standards for site contaminated from source not on site; supplemental requirements. (a) Consistent with any requirements necessary to retain state primacy in […]
Section 35-11-1606 – Preliminary Remediation Agreement; Contents.
35-11-1606. Preliminary remediation agreement; contents. (a) The preliminary remediation agreement shall contain the terms and conditions agreed to by the parties, which shall include the information and procedures required for completion of an environmental assessment or site characterization that is adequate and appropriate to support selection of a permanent or long term protective remedy for […]
Section 35-11-1607 – Remedy Agreement; Prerequisite; Contents; Violation of Agreement; Changes to Agreement; Covenant Not to Sue; Certificate of Completion; Recording; Effect on Orders or Permits.
35-11-1607. Remedy agreement; prerequisite; contents; violation of agreement; changes to agreement; covenant not to sue; certificate of completion; recording; effect on orders or permits. (a) Except as provided in W.S. 35-11-1605(d), before an owner and the department may enter into a remedy agreement that includes long-term restrictions on the use of the site, the owner […]
Section 35-11-1601 – Applicability; Nonvoluntary Remediation.
35-11-1601. Applicability; nonvoluntary remediation. (a) This article establishes the requirements and procedures necessary for voluntary remediation of eligible sites under this act, and shall not authorize unpermitted releases of contaminants to the environment of the state. Consistent with the policy and purpose of this act, this article shall provide incentive to remediate eligible sites and […]
Section 35-11-1506 – Legislative Approval of the Siting of High-Level Radioactive Waste Storage Facilities; Conditions.
35-11-1506. Legislative approval of the siting of high-level radioactive waste storage facilities; conditions. (a) Except as provided in subsection (e) of this section, no construction may commence, nor shall any high-level radioactive waste storage facility be sited within this state, unless the legislature has enacted legislation approving the siting, construction and operation of the facility […]
Section 35-11-1507 – Injunction Proceedings; Penalties.
35-11-1507. Injunction proceedings; penalties. (a) When, in the opinion of the governor, a person is violating or is about to violate any provision of this article, the governor shall direct the attorney general to apply to the appropriate court for an order enjoining the person from engaging or continuing to engage in the activity. Upon […]