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 requirements of this act at the time of the release; or
(B) The site is covered by an order of the department, council or by any court and entered with the consent of the person or entity.
(ii) Sites, or portions of sites, where releases occurred on or after the effective date of this article and where the owner or operator is implementing a pollution prevention plan consistent with rules promulgated under this act;
(iii) Waste management or disposal units that have been permitted under this act and the director determines that the release from the permitted unit, if restricted or prohibited by the permit, cannot be remediated in accord with the permit requirements because of technical impracticability.
(b) Eligible sites shall not include:
(i) A site for which remediation is not voluntary under W.S. 35-11-1601(b);
(ii) A site that is listed on the National Priorities List of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601-9675;
(iii) A commercial solid waste management facility, commercial waste incineration or disposal facility subject to W.S. 35-11-514;
(iv) Underground and aboveground storage tanks subject to article 14 of this act;
(v) Radioactive waste storage facilities subject to article 15 of this act;
(vi) Abandoned mine land sites subject to article 12 of this act; or
(vii) Any site where a release resulted from continuous or repeated violations of any law, rule, regulation or order under this act.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.