(a) General Purpose and Scope: Permits for regulated facilities require closure, post-closure, and corrective action financial assurance plans as prescribed in this chapter for the purpose of assuring that operators of these facilities are financially responsible for protection of public health and the environment. This chapter contains general requirements governing closure, post-closure, care and corrective action for violations of a permit, standard, rule or requirement. These requirements may be supplemented by site-specific closure, post-closure care, and corrective action permit conditions. Together with the factors used to produce cost estimates, these maintenance requirements form the basis of the financial assurance standards included in this chapter.
(b) Closure and Post-Closure Requirements: - (i) Notification:
- (A) An operator intending to close a regulated facility shall notify the Department of the intention to do so at least 180 days prior to the anticipated date for initiation of closure. Simultaneous notice shall be made by the operator to the governing body of each locality and adjacent property owners by certified or registered mail.
- (B) The operator shall post one (1) sign notifying all persons of the closing and prohibition against further receipt of waste materials. Further, suitable barriers shall be installed at former accesses to prevent new waste from being deposited.
- (ii) Closure and Post-Closure Standards:
- (A) Closure and post-closure maintenance shall occur in accord with approved plans. A closure plan and a post-closure plan shall be submitted with the permit application. The operator shall submit a revised closure plan and post-closure plan to the Department for review and approval as necessary to describe any plan changes.
- (B) The operator shall close the facility in a manner that minimizes the need for post-closure maintenance and controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, the post-closure escape of leachate, surface runoff or waste decom- position products to the ground water, surface water or the atmosphere. The post-closure monitoring period shall continue for a minimum of five (5) years after the date of completing closure of the regulated facility. The minimum post-closure monitoring period shall be extended if the Department determines it is needed to protect human health and the environment.
- (iii) Inspection:
- (A) The Department shall inspect all closed regulated facilities to determine if the closure is complete and adequate in accordance with the approved plan after being notified by the operator that closure has been completed. The Department shall provide written inspection results to the operator of a closed facility after the inspection. If the closure is not satisfactory, the Department shall specify necessary construction or such other steps as may be appropriate to bring unsatisfactory sites into compliance with closure requirements.
- (B) Notification by the Department that the closure is satisfactory does not relieve the operator of responsibility for corrective action in accordance with regulations of the Department to prevent or abate problems caused by the regulated facility that are subsequently discovered.
(c) Corrective Action Requirements. - (i) Notification:
- (A) The Department shall notify the operator of the need to take corrective action to remedy a violation of a permit condition, standard, rule or requirement relating to a regulated facility. The notification shall describe the nature of the violation.
- (B) If deemed necessary by the Department, the operator will be required to close the facility and cease further receipt of waste materials.
- (C) If the facility is closed, the operator shall post one (1) sign notifying all persons of the closing and prohibition against further receipt of waste materials. Further, suitable barriers shall be installed at former accesses to prevent new waste from being deposited.
- (ii) Remediation Activities: In the event of a release, the operator shall:
- (A) Initiate immediate measures to:
- (I) Prevent further release to the environment.
- (II) Prevent further migration of the released substance into surrounding soils and Waters of the State.
- (III) Identify, monitor and mitigate any safety hazards or health risks associated with the violation.
- (B) Prepare a plan to conduct an investigation of the release, the release site and any surrounding area that may be affected by the release. The plan shall include:
- (I) A comprehensive subsurface investigation to define the extent and degree of contamination.
- (II) A schedule for conducting the investigation.
- (III) A cost estimate for a third party to perform the tasks identified by the plan.
- (C) Submit the investigation plan to the Department within thirty (30) days. The extent of contamination study should begin as soon as the plan has been approved and all necessary permits obtained.
- (D) Conduct the extent of contamination study in accordance with the approved plan and submit a written report of the findings to the Department.
- (E) If required by the Department, develop a comprehensive plan for mitigation and clean-up. The remediation plan shall be submitted to the Department for approval. The remediation plan shall be implemented as soon as the Department has approved the plan and all necessary permits have been obtained. The remediation plan shall contain an estimate of the costs for a third party to perform the tasks identified by the plan.
(d) Financial Assurance: In order to assure that the costs associated with protecting the public health and safety from the consequences of an abandonment, or a failure to properly execute closure, post-closure care or required corrective action and clean-up of a regulated facility are recovered from the operator of such a facility, the operator shall provide financial assurance in one, or a combination of the forms described in this chapter including a self-bond, a surety bond, a federally insured certificate of deposit, government-backed securities, or cash. Such financial assurance shall be in the amount calculated as the cost estimate using the procedures set forth in Sections 3(e)(i), 3(e)(ii) and 3(e)(iii) of this chapter. Evidence of the selected forms of financial assurance shall be filed with the Department as part of the permit application procedures and prior to the issuance of an operating permit. The Department may reject the proposed forms of assurance of financial responsibility if the evidence submitted does not adequately assure that funds will be available as required by these rules. The operator shall be notified in writing within sixty (60) days of receipt of the evidence of financial assurance of the decision to accept or reject the proposed forms of financial assurance.
(e) Cost Estimates: - (i) Cost Estimate for Facility Closure:
- (A) In submitting a closure plan as required by these regulations, the operator of a regulated facility shall include therein an itemized written estimate of the cost of closing the facility. The estimated closing cost shall be determined by the Department on a case-by-case basis, considering information supplied by the operator.
- (B) The estimated closing cost shall be based on the work required for a third party contractor to effect proper closure at the most expensive point in the life of the facility. Those factors to be considered in estimating the closure cost shall include:
- (I) The size and topography of the site.
- (II) The daily or weekly volume of waste to be received at the site.
- (III) Availability of cover and fill material needed for site grading.
- (IV) The type of waste to be received at the site.
- (V) Disposal method and sequential disposal plan.
- (VI) The location of the site and the character of the surrounding area.
- (VII) Requirements for surface drainage.
- (VIII) Operation and maintenance of the leachate collection and treatment system, and, the off-site disposal of leachate.
- (IX) Environmental quality monitoring system.
- (X) Structures and other improvements to be dismantled and removed. Salvage values cannot be used to offset demolition costs.
- (XI) Site storage capacity for solid waste, incinerator residue, and compost material.
- (XII) Off-site disposal requirements.
- (XIII) Vector control requirements.
- (XIV) A minimum of fifteen percent (15%) variable contingency fee to cover other closure costs as determined appropriate by the Department.
- (XV) Other site-specific factors.
- (C) Revised closure cost estimates will be submitted to the Department on an annual basis. When the revised estimates are approved by the Department, the operator shall submit revised financial assurance for the revised closure costs.
- (ii) Cost Estimate for Facility Post-Closure:
- (A) In submitting a closure plan as required by these regulations, the operator of a regulated facility shall include therein a written estimate of the cost of post-closure care, monitoring, and maintenance. Unless onsite disposal of wastes or residues from the treatment or storage of wastes is planned or required, an incinerator, resource recovery facility, compost facility or storage surface impoundment will not be required to include a post-closure cost estimate in its closure plan. The estimated post-closure cost shall be determined by the Department on a case-by-case basis considering information supplied by the operator. Such costs shall be based on the work required for a third party contractor.
- (B) Those factors to be considered in estimating post-closure maintenance costs shall include:
- (I) The size and topography of the site.
- (II) The type and quantity of waste received.
- (III) Disposal method and sequential disposal plan.
- (IV) The potential for significant leachate production and the possibility of contaminating water supplies.
- (V) Environmental quality monitoring systems.
- (VII) The location of the site and the character of the surrounding area.
- (VIII) A minimum of fifteen percent (15%) contingency fee to cover other post-closure costs as determined appropriate by the Department.
- (IX) Other site-specific factors.
- (C) Estimated costs of post-closure activities shall be determined on a case-by- case basis. Revised post-closure cost estimates will be submitted to the Department on an annual basis. When the revised estimates are approved, the operator shall submit revised financial assurance for the revised post-closure costs.
- (iii) Cost Estimate for Corrective Action:
- (A) The operator of a commercial oil field disposal system regulated under W.S. 35-11-306 or a commercial sludge facility regulated under W.S. 35-11-307 in submitting an application for a construction permit as required by Chapter 3, Wyoming Water Quality Rules and Regulations shall include a written estimate of the cost of corrective actions to remediate a release from the facility. The estimated cost of corrective action and clean-up of a release shall be determined by the Department on a case-by-case basis considering information submitted by the operator. Such costs shall be based on the work required for a third party contractor.
- (B) The factors to be considered in estimating the cost of corrective actions and clean-up of a release shall include the following:
- (I) Soils, geologic and hydrogeologic conditions at the site.
- (II) The type and quantity of waste received.
- (III) Disposal method and sequential disposal plan.
- (IV) The potential for significant leachate production and the possibility of contaminating groundwater.
- (V) Environmental quality monitoring systems.
- (VI) The location of the site and the character of the surrounding area.
- (VII) A minimum of fifteen percent (15%) contingency fee to cover other corrective action and clean-up costs as determined appropriate by the Department.
- (VIII) The ability of the facility to prevent and detect a release and to facilitate clean-up activities. The criteria used to evaluate this ability shall include design, construction, operation, monitoring, and contingency plans submitted as part of the application package.
- (IX) The class, use, value and environmental vulnerability of surface and groundwater resources that may be impacted by a release.
- (X) Other site-specific factors.
(f) Financial Assurance for Facility Closure, Post-Closure, and Corrective Action: - (i) General:
- (A) For each regulated facility for which a permit is applied, financial assurance shall be provided for closure and post-closure activities, and for corrective action if required under Section 3(e)(iii) of this chapter.
- (B) Determination of the financial assurance requirements for corrective action and clean-up of commercial oil field waste disposal and commercial sludge facilities will be made by the Water Quality Division when the construction permit application is evaluated.
- (C) All existing commercial oilfield waste disposal facilities shall provide financial assurance for closure and post-closure activities, and for corrective action within ninety (90) days after promulgation of this chapter.
- (ii) Forms of Financial Assurance: Financial assurance may be provided in one (1) or a combination of the following forms executed in the amount calculated as the estimated closure and post-closure costs in accordance with W.S. 35-11-307(a) or W.S. 35-11-306(d) of the Act. These forms may also be available for financial assurance for corrective actions at a regulated facility.
- (C) Federally insured certificates of deposit;
- (D) Government-backed securities;
(g) Transfer of Permits: Permits may be transferred from one operator to another only if the new operator can demonstrate compliance with the financial assurance requirements of this chapter. Construction permit ownership will be transferred in accordance with Wyoming Water Quality Rules and Regulations, Chapter 3, Section 12.
(h) Financial assurance amounts will be recalculated on a yearly basis.
020-14 Wyo. Code R. § 14-3