SF0130 - Voluntary remediation amendments.
|
2001 |
State of Wyoming |
01LSO-0512 |
SENATE FILE NO. SF0130
Voluntary remediation amendments.
Sponsored by: Senator(s) Hawks and Representative(s)
Stafford
A BILL
for
1 AN ACT relating to
voluntary remediation of contaminated
2 sites;
providing that a remedy employing alternate
3
standards must meet certain requirements as specified;
4
clarifying when a no further action letter may be issued;
5 and
providing for an effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section
1. W.S.
35-11-1605(c) and (d) and
10 35-11-1608(a) are amended to read:
11
12 35-11-1605. Voluntary remediation
standards; site-
13 specific, risk-based standards; considerations in choice of
14 remedy; alternate standards for soil; alternate standards
15 for soil or water; point of compliance; contamination from
16 source not on site; alternate remediation standards for
Page 1
1 site contaminated from source not on site;
supplemental
2 requirements.
3
4 (c) The
director may establish alternate site-
5
specific, risk-based standards for surface and subsurface
6
soils to be employed at a site in lieu of the soil
7
standards in paragraph (a)(ii) of this section, for any
8
site that is located within a use control area designated
9
under W.S. 35-11-1609. A remedy that employs
alternate
10 standards
established by the director under this subsection
11 shall meet the
requirements of this subsection and
12 paragraphs
(a)(i), (iii) and (iv) of this section. The
13 alternate standards for such a site shall
use the
14 carcinogenic and systemic toxicant risk
reduction goals of
15 subparagraph (a)(ii)(B) of this section,
except that the
16 exposure assumptions used to calculate the
alternate
17 standards under this subsection shall be
consistent with
18 the use restrictions contained in the use
control area
19 designation. If the director establishes
alternate soil
20 standards under this subsection, the owner
or operator must
21 evaluate technologies that can meet the
alternate soil
22 standards. Owners or operators of eligible
sites that
23 implement remedies which achieve the
alternate soil
24 standards set under this subsection may be
issued a
Page 2
1 certificate
of completion and covenant not to sue pursuant
2 to
W.S. 35-11-1607. The soil standards of paragraph (a)(ii)
3 of
this section must be met if the owner or operator
4
applies to remove the use restrictions applicable to the
5
site or to receive a no further action letter under W.S.
6 35-11-1608.
7
8 (d) The
director may establish alternate site-
9
specific, risk-based standards for soil or water to be
10 employed at a
site in lieu of the soil and water standards
11 in paragraph
(a)(ii) of this section if, after evaluation
12 of currently available technology the
director determines
13 that it is technically impracticable to meet
a standard at
14 a specific site. A
remedy that employs alternate standards
15 established by
the director under this subsection shall
16 meet the
requirements of this subsection and paragraphs
17 (a)(i), (iii) and
(iv) of this section. The technical
18 impracticability determination shall include
evaluation of
19 the cost of remedy alternatives, including
but not limited
20 to, substantial and disproportionately high
costs, present
21 worth of construction, operation and
maintenance costs,
22 continued operational costs of the remedy
selected and
23 costs of any proposed alternative remedy
strategies.
24 Whenever the director sets an alternate
standard, the
Page 3
1
director shall select a remedy capable of meeting the
2
alternate standard and which is technically practicable,
3
controls any sources of contamination to the extent
4
technically practicable, and controls human and
5
environmental exposures to contaminated air, soil or water.
6 The
director may establish alternate standards for soil or
7
water under this subsection only if the owner has or
8 obtains
rights to control human or environmental exposures
9 to
contaminated media, and consents to impose such controls
10 as are required to protect human health and
the
11 environment. Notwithstanding the provisions
of paragraph
12 (a)(i) of this section, or W.S. 35-11-1609
such controls
13 may be imposed by the owner without the site
receiving a
14 use control area designation under W.S. 35-11-1609.
The
15 standards of paragraph (a)(ii) of this
section must be met
16 if the owner or operator applies to remove
the use
17 restrictions applicable to the site or to
receive a no
18 further action letter under W.S. 35-11-1608.
19
20 35-11-1608. No further action letters;
findings;
21 natural attenuation.
22
23 (a) If the
department determines that no further
24 remediation is required on a site, the
department shall,
Page 4
1
upon request, provide the owner or prospective purchaser a
2 no
further action letter, subject to reopener or
3
termination as provided in W.S. 35-11-1610. No
further
action letters may be issued The department may only issue
5 a no further action letter upon a finding by the
department
6 that
the site does not require engineering or institutional
7 controls
or use restrictions to meet the standards
8 specified
in W.S. 35-11-1605(a)(ii).
9
10 Section 2. This act is effective July 1, 2001.
11
12 (END)
Page 5