ORIGINAL SENATE

FILE NO. 0130

ENROLLED ACT NO. 26, SENATE

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

AN ACT relating to voluntary remediation of contaminated
sites; providing that a remedy employing alternate
standards must meet certain requirements as specified;
clarifying when a no further action letter may be issued;
and providing for an effective date.

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

Section 1.  W.S. 35-11-1605(c) and (d) and
35-11-1608(a) are amended to read:

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.

(c) The director may establish alternate site-
specific, risk-based standards for surface and subsurface
soils to be employed at a site in lieu of the soil
standards in paragraph (a)(ii) of this section, for any
site that is located within a use control area designated
under W.S. 35-11-1609. A remedy that employs alternate
standards established by the director under this subsection
shall meet the requirements of this subsection and
paragraphs (a)(i), (iii) and (iv) of this section. The
alternate standards for such a site shall use the
carcinogenic and systemic toxicant risk reduction goals of
subparagraph (a)(ii)(B) of this section, except that the
exposure assumptions used to calculate the alternate
standards under this subsection shall be consistent with
the use restrictions contained in the use control area
designation. If the director establishes alternate soil
standards under this subsection, the owner or operator must
evaluate technologies that can meet the alternate soil
standards. Owners or operators of eligible sites that
implement remedies which achieve the alternate soil

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standards set under this subsection may be issued a
certificate of completion and covenant not to sue pursuant
to W.S. 35-11-1607. The soil standards of paragraph (a)(ii)
of this section must be met if the owner or operator
applies to remove the use restrictions applicable to the
site or to receive a no further action letter under W.S.
35-11-1608.

(d) The director may establish alternate site-
specific, risk-based standards for soil or water to be
employed at a site in lieu of the soil and water standards
in paragraph (a)(ii) of this section if, after evaluation
of currently available technology the director determines
that it is technically impracticable to meet a standard at
a specific site. A remedy that employs alternate standards
established by the director under this subsection shall
meet the requirements of this subsection and paragraphs
(a)(i), (iii) and (iv) of this section. The technical
impracticability determination shall include evaluation of
the cost of remedy alternatives, including but not limited
to, substantial and disproportionately high costs, present
worth of construction, operation and maintenance costs,
continued operational costs of the remedy selected and
costs of any proposed alternative remedy strategies.
Whenever the director sets an alternate standard, the
director shall select a remedy capable of meeting the
alternate standard and which is technically practicable,
controls any sources of contamination to the extent
technically practicable, and controls human and
environmental exposures to contaminated air, soil or water.
The director may establish alternate standards for soil or
water under this subsection only if the owner has or

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obtains rights to control human or environmental exposures
to contaminated media, and consents to impose such controls
as are required to protect human health and the
environment. Notwithstanding the provisions of paragraph
(a)(i) of this section, or W.S. 35-11-1609 such controls
may be imposed by the owner without the site receiving a
use control area designation under W.S. 35-11-1609. The
standards of paragraph (a)(ii) of this section must be met
if the owner or operator applies to remove the use
restrictions applicable to the site or to receive a no
further action letter under W.S. 35-11-1608.

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. No further
action letters may be issued The department may only issue
a no further action letter upon a finding by the department
that the site does not require engineering or institutional
controls or use restrictions to meet the standards
specified in W.S. 35-11-1605(a)(ii).

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Section 2.  This act is effective July 1, 2001.

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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