Wyo. Code R. 020-0009-7
Solid Waste Management
Effective Date: 05/04/2026 to Current
Rule Type: Current Rules & Regulations
Reference Number: 020.0009.7.05042026
(a) Chapter is promulgated pursuant to the Wyoming Environmental Quality Act (Act), specifically Wyoming Statute (W.S.) §§ 35-11-504 and -515.
(b) This Chapter governs all solid waste management facilities that are required to demonstrate financial assurance under W.S. § 35-11-504. Exempt solid waste management facilities include those solid waste management facilities listed in W.S. § 35-11-504(c) and:
(i) Solid waste management facilities other than those regulated under Chapter 2 of these rules that are owned or operated by a municipality;
(ii) Sanitary landfills regulated under Chapter 2 that ceased receipt of wastes before October 9, 1991;
(iii) Municipal solid waste landfills regulated under Chapter 2 of these rules that received waste after October 9, 1991, but ceased receipt of waste before October 9, 1993, and installed an approved final cover system before October 9, 1994;
(iv) Municipal solid waste landfills regulated under Chapter 2 of these rules that received waste after October 9, 1991, but ceased receipt of wastes before October 9, 1997, and installed an approved final cover system before October 9, 1998; and
(v) Mobile transfer, treatment and storage facilities regulated under Chapter 6 of these rules.
(c) Leaking municipal solid waste landfills regulated under Chapter 17 of these rules that conduct remediation in accordance with W.S. § 35-11-533 through -537 are exempt from corrective action financial assurance requirements in Section 3 of this Chapter.
(d) Municipally-owned or operated solid waste landfills regulated under Chapter 2 of these rules shall demonstrate financial assurances for closure, post-closure, and corrective action by following either the requirements of Sections 2 through 14 of this Chapter or the requirements of Section 15 of this Chapter.
(e) Definitions: The definitions in W.S. § 35-11-103(a) and (d) and Chapter 1 of these rules apply to this Chapter.
(a) Along with the closure plan and post-closure plan required for a regulated facility, the operator must submit closure and post-closure estimates.
(i) An incinerator, resource recovery facility, compost facility, or storage surface impoundment may omit the post-closure cost estimate if onsite disposal of wastes or residues is not planned or required.
(b) The closure cost estimate shall:
(i) Include an itemized written estimate of the cost, in current dollars of completing all work described in the closure plan;
(ii) Be based on the cost required for a third-party contractor to complete the closure plan at the most expensive point in the life of the facility. The Director may obtain additional cost estimates from a third-party contractor to substantiate the accuracy of the estimated costs; and
(iii) Account for the following factors if applicable:
(A) The size and topography of the site;
(B) The daily or weekly volume of waste to be received at the site;
(C) Availability of cover and fill material needed for site grading;
(D) The type of waste to be received at the site;
(E) Disposal method and sequential disposal plan;
(F) The location of the site and the character of the surrounding area;
(G) Requirements for surface drainage;
(H) Operation and maintenance of the leachate collection and treatment system, and the off-site disposal of leachate;
(I) Environmental quality monitoring system;
(J) Structures and other improvements to be dismantled and removed. Salvage values cannot be used to offset demolition costs;
(K) Site storage capacity for solid waste, incinerator residue and compost material;
(L) Off-site disposal requirements. Salvage values cannot be used to offset waste removal costs;
(a) If a regulated facility violates a permit, standard, rule, or requirement established under the Act, resulting in a release of pollution or waste to the air, land, or water resources of the state, the Director shall:
(i) Notify the regulated facility of the violation; and
(ii) Order the regulated facility to take corrective action to remedy or abate the violation and provide financial assurance as specified in this Section.
(b) Within thirty days of receiving an order to take corrective action, the operator shall provide notice of the selected correction action remedy and a corrective action cost estimate to the Director.
(i) The corrective action cost estimate shall:
(A) Include an itemized written estimate of the cost, in current dollars, of completing all work described for the selected corrective action remedy;
(B) Be based on the cost required for a third-party contractor to complete the work described for the selected corrective action remedy. The Director may obtain additional cost estimates from a third-party contractor to substantiate the accuracy of the estimated costs; and
(C) Account for the following factors if applicable:
(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 contingency fee to cover other corrective action and cleanup costs as determined appropriate by the Director;
(VIII) The ability of the facility to prevent and detect a release and to facilitate cleanup activities. The criteria used to evaluate this ability shall include design, construction, operation, monitoring and contingency plans submitted as part of the permit application;
(IX) The class, use, value and environmental vulnerability of surface and groundwater resources that may be impacted by a release; and
(X) Any other relevant site-specific factors.
(D) Be updated, revised, and submitted to the Director in accordance with Section 13 of this Chapter.
(a) The Director, through the Administrator, shall establish the amount of financial assurance required for regulated facilities based on the cost estimates for closure, post-closure, and corrective action.
(b) If the Administrator determines that a cost estimate meets the requirements of this Chapter:
(i) The Administrator shall establish the amount of financial assurance required and notify the operator in writing of the amount; and
(ii) Within thirty days of receiving notice from the Administrator, the operator shall submit documentation of financial assurance, on forms furnished by the Director, in an amount at least equal to the established financial assurance amount.
(c) If the Administrator determines that a cost estimate does not meet the requirements of this Chapter, the Administrator shall notify the operator of the deficiencies in the cost estimate, and the operator shall revise and resubmit the cost estimate to the Administrator within thirty days of the Administrator’s determination unless an alternate schedule is approved by the Administrator for good cause.
An operator of a regulated facility shall provide financial assurance for closure, post-closure, or corrective action in one or more of the following forms: surety bond, self-bond, federally insured certificates of deposit, cash, government securities, or irrevocable letters of credit.
Surety bonds shall comply with the following requirements:
(a) A corporate surety company shall not be considered good and sufficient for purposes of W.S. § 35-11-504 unless:
(i) The company is licensed to do business in the state;
(ii) The bond is made payable to the Department;
(iii) The estimated bond amount does not exceed the limit of risk as provided for in W.S. § 26-5-110, nor raise the total of all bonds held by the applicant under that surety above three times the limit of risk; and
(iv) The surety company agrees to the following:
(A) Not to cancel the bond, except as provided for in W.S. § 35-11-504 or where the Director gives prior written approval of a replacement bond or financial assurance;
(B) To be jointly and severally liable with the operator; and
(C) To provide immediate written notice to the Director and operator once it becomes unable or may become unable due to any action filed against it to fulfill its obligations under the bond.
(b) The provisions applicable to cancellation of the surety's license in W.S. § 35-11-504 shall also apply if for any other reason the surety becomes unable to fulfill its obligations under the bond. Failure to comply with this provision shall result in suspension of the permit. Upon such occurrence it is the operator's responsibility to provide a substitution of financial assurance.
Self-bonding shall comply with the following requirements:
(a) An initial application to self-bond shall contain:
(i) Identification of operator:
(A) For corporations, name, address, telephone number, state of incorporation, principal place of business and name, title and authority of person signing application, a corporate resolution authorizing the application, and statement of authority to do business in the State of Wyoming, or
(B) For all other forms of business enterprises, name, address and telephone number and statement of how the enterprise is organized, law of the State under which it is formed, place of business, and relationship and authority of the person signing the application.
(ii) Amount of self-bond proposed. The proposed self-bond maximum amount shall not exceed seventy-five percent of the required bond amount.
(iii) Type of operation and anticipated dates performance is to be commenced and completed.
(iv) Brief chronological history of business operations that illustrates a continuous operation for five years immediately preceding the time of application. The Director may allow a joint venture or syndicate with less than five years of continuous operation to qualify under this requirement, if each member of the joint venture or syndicate has been in continuous operation for at least five years immediately preceding the time of application.
(v) Information in sufficient detail to show good-faith performance of past operation, closure, post-closure, and corrective action obligations. The compliance information in the permit or annual reports may be referenced to satisfy part of this requirement.
(vi) Financial information in sufficient detail to show that the operator and ultimate parent guarantor meets one of the following criteria:
(A) Have a rating for all bond issuance actions and long term credit rating within the current year of “Aa3” or higher as issued by either Moody’s Investor Service, “AA-” or higher as issued by Standard and Poor’s Corporation or “AA-” or higher as issued by Fitch Ratings. The operator is eligible for a maximum of seventy-five percent of the approved cost estimate. The self-bond must accompany another acceptable financial assurance instrument for the remaining twenty-five percent of the approved cost estimate;
(B) Have a rating for all bond issuance actions and long-term credit rating within the current year of “A2” or higher as issued by Moody’s Investor Service, “A” or higher as issued by Standard and Poor’s Corporation or “A” or higher as issued by Fitch Ratings. The operator is eligible for a maximum of seventy percent of the approved cost estimate. The self-bond must accompany another acceptable financial assurance instrument for the remaining thirty percent of the approved cost estimate; or
(C) Have a rating for all bond issuance actions and long-term credit rating within the current year of “Baa2/A-” or higher as issued by Moody’s Investor Service, “BBB/A-” or higher as issued by Standard and Poor’s Corporation or “BBB/A-” or higher as issued by Fitch Ratings. The operator is eligible for a maximum of fifty percent of the approved cost estimate. The self-bond must accompany another acceptable financial assurance instrument for the remaining fifty percent of the approved cost estimate.
(D) In the event of a split rating, the Director has the discretion to determine which rating will be accepted and applied to (A), (B), or (C) of this subsection.
(vii) A statement listing any notices issued by the Securities and Exchange Commission or proceedings initiated by any party alleging a failure to comply with any public disclosure or reporting requirements under the securities laws of the United States. Such statement shall include a summary of each such allegation, including the date, the requirement alleged to be violated, the party making the allegation, and the disposition or current status thereof.
(viii) A statement identifying by name, address, and telephone number:
(A) A registered office which may be but need not be, the same as the operator's place of business;
(B) A registered agent, which agent must be either an individual resident in this State, whose business office is identical with such registered office, or a domestic corporation authorized to transact business in the State, having a business office identical with such registered office. The registered agent so appointed by the operator shall be an agent to such operator upon whom any process, notice or demand required or permitted by law to be served upon the operator may be served;
(ix) An acknowledgement that:
(A) If the operator fails to appoint or maintain a registered agent in this state, or whenever any such registered agent cannot be reasonably found at the registered office, then the Director shall be an agent for such operator upon whom any process, notice or demand may be served for the purpose of this Chapter. In the event of any such process, the Director shall immediately cause one copy of such process, notice or demand to be forwarded, by certified mail, to the operator at his principle place of business. The Director shall keep a record of all processes, notices, or demands served upon him or her under this paragraph, and shall record therein the time of such service and his or her action with reference thereto.
(B) Should the operator change the registered office or registered agent, or both, a statement indicating such change shall be filed immediately with the Solid and Hazardous Waste Division and the Director.
(C) Nothing herein contained shall limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon an operator in any other manner now or hereafter permitted by law.
(x) The Director may accept a written guarantee for an operator's self-bond from an ultimate parent guarantor, if the guarantor satisfies the financial criteria of this Chapter as if it were the operator. Such a written guarantee may be accepted by the Administrator and shall be referred to as an 'ultimate parent guarantee.' The terms of the ultimate parent guarantee shall provide for the following:
(A) If the operator fails to complete closure, post-closure, or corrective action the ultimate parent guarantor shall do so or the ultimate parent guarantor shall be liable under the indemnity agreement to provide funds to the State sufficient to complete the closure, post-closure, or corrective action plans, but not to exceed the actual costs of closure, post-closure, or corrective action; and
(B) The ultimate parent guarantee shall remain in force unless the ultimate parent guarantor sends notice of cancellation by certified mail to the operator and to the
Director at least ninety days in advance of the cancellation date, and the Director accepts the cancellation. The cancellation shall be accepted by the Director if the operator obtains a suitable replacement bond before the cancellation date, if the lands for which the self-bond, or portion thereof, was accepted have not been disturbed, or if the lands have been released under W.S. § 35-11-504.
(xi) For the Director to accept a regulated facility operator's self-bond, the total amount of the outstanding and proposed self-bond of the operator shall not exceed twenty-five percent of the operator's tangible net worth in the United States. For the Director to accept a corporate guarantee, the total amount of the ultimate parent guarantor's present and proposed self-bonds and guaranteed self-bonds shall not exceed twenty-five percent of the guarantor's tangible net worth in the United States.
(b) Approval or denial of operator's self-bond application:
(i) The Director, within sixty days of the operator's submission of all materials necessary to base a decision on the application shall:
(A) Approve or reject such application and declare in writing its reasons for such action to the operator or his registered agent.
(B) If a rejection is based on inadequate information or failure of the operator to supply all necessary material, the Director shall allow the operator thirty days to remedy the deficiencies. Such corrections shall be made to the satisfaction of the Director. The Director shall have an additional sixty days to approve or reject the corrected application.
(c) If the Director accepts the operator's self-bond, an indemnity agreement shall be submitted subject to the following requirements:
(i) The indemnity agreement shall be executed by all persons and parties who are to be bound by it, including the ultimate parent entity guarantor, and shall bind each jointly and severally.
(ii) Corporations applying for a self-bond or ultimate parent corporations guaranteeing an operator's self-bond shall submit an indemnity agreement signed by two corporate officers who are authorized to bind their corporations. A copy of such authorization shall be provided to the Director along with an affidavit certifying that such an agreement is valid under all applicable Federal and State laws. In addition, all corporate guarantors shall provide a copy of the corporate authorization demonstrating that the corporation may guarantee the self-bond and execute the indemnity agreement.
(iii) If the applicant is a partnership, joint venture or syndicate, the agreement shall bind each partner or party who has a beneficial interest directly or indirectly, in the operator.
(iv) The indemnity agreement shall provide that the persons or parties bound shall pay all litigation costs incurred by the State in any successful effort to enforce the agreement against the operator.
(i) Any operator seeking to renew a self-bond shall provide, along with the annual report:
(A) Amount of bond required, which shall be determined in accordance with W.S. § 35-11-504 and Section 4 of this Chapter, and the amount proposed to be covered by a self-bond renewal; and
(B) Financial information in sufficient detail to show that the operator and ultimate parent guarantor still meets one of the criteria in Section 7(a)(vi), and the limitation in Section 7(a)(xi). The operator and ultimate parent guarantor shall submit the full report from the credit reporting agency or agencies supporting its rating for the current year. Additional information may be requested by the Director when a split rating occurs.
(ii) A self-bond may be renewed so long as the above listed information demonstrates that all parties remain qualified under Section 7(a) of this Chapter and there is a minimum five-year life of operation remaining.
(i) The Director may require the operator to substitute a good and sufficient bond instrument if the Director determines in writing that the self-bond of the operator fails to provide the protection consistent with the objectives and purposes of the Act. The Director shall require full or partial substitution if the financial information submitted under Section 7(a)(xiv)(A)(II) indicates that the operator or ultimate parent guarantor no longer qualifies under the self-bonding program. Substitution of an alternate bond shall be made within thirty days. The operator may also request substitution. This request is contingent upon the operator meeting all the requirements of the bond provisions in this Chapter. If these requirements are met, the Director shall accept substitution.
(ii) If the operator fails within thirty days to make a substitution for the revoked self-bond with a corporate surety, cash, governmental securities, or federally insured certificates of deposit, or irrevocable letters of credit in accordance with the bonding provisions of W.S. § 35-11-504 and this Chapter, the Director shall suspend or revoke the facility’s permit until such substitution is made.
(i) If a devaluation in the credit rating occurs, the operator shall notify the Director within thirty days of the change and provide a copy of the rating report to the Director.
(ii) If the operator or ultimate parent guarantor receives any new notice from the Securities and Exchange Commission or any party initiates proceedings against the operator or ultimate parent guarantor alleging a failure to comply with any public disclosure or reporting requirements under the securities laws of the United States, the operator shall notify the Director within thirty days and shall include a summary of the allegations, including the date, the requirement alleged to be violated, the party making the allegation, and the disposition or current status thereof.
The Director shall not accept certificate of deposit in an amount in excess of the maximum insurable amount as determined by the Federal Deposit Insurance Corporation. The certificate must be payable solely to the Wyoming Department of Environmental Quality. The Director shall require the banks issuing these certificates to waive all rights of set off or liens against the certificates. The financial assurance amount may be calculated to include any amount that would be deducted as a penalty for payment before maturity.
The operator or its principal may submit a check payable to the Wyoming Department of Environmental Quality.
(a) Government securities shall be endorsed to the order of the Department, placed in the possession of the Department, and backed by the full faith and credit of the United States.
(b) Possession of government securities may be in the form of the cash value of an irrevocable trust for the full amount of the closure, post-closure, or corrective action obligation, payable to the Department. An irrevocable trust shall conform to the requirements below:
(i) The Wyoming Department of Environmental Quality Irrevocable Trust Form shall be signed by the operator or guarantor as principal and the financial institution as Trustee;
(ii) The Trustee must be a bank organized to do business in the United States and have the authority to act as a trustee whose trust operations are regulated and examined by a Federal or State Agency;
(iii) The irrevocable trust must be funded for the full amount of the closure, post-closure, or corrective action obligation, except for the amount reduced by other approved bond instruments or financial assurances;
(iv) Cancellation of an irrevocable trust shall follow the procedures detailed in W.S. § 35-11-504(f); and
(v) Forfeiture proceedings for an irrevocable trust shall follow the same procedures detailed in W.S. § 35-11-504(h).
Irrevocable letters of credit shall comply with the following requirements:
(a) The letter must be payable to the Department in part or in full upon demand and receipt from the Director of a notice of forfeiture issued in accordance with W.S. § 35-11-504(h);
(b) The letter shall not be in excess of ten percent of the issuing or supporting bank’s or credit union’s capital surplus account as shown on a balance sheet certified by a certified public accountant;
(c) The Director shall not accept standby letters of credit;
(d) The Director shall not accept letters of credit from a bank or credit union for any person, on all permits held by that person, in excess of the limitation imposed by W.S. § 13-3-402; and
(e) The letter of credit shall provide that:
(i) The bank or credit union will give prompt notice to the operator and the Director of any notice received or action filed alleging the insolvency or bankruptcy of the bank or credit union, or alleging any violations of regulatory requirements that could result in suspension or revocation of the bank’s or credit union’s charter or license to do business;
(ii) In the event the bank or credit union becomes unable to fulfill its obligations under the letter of credit for any reason, notice shall be given immediately to the operator and the Director; and
(iii) Upon the incapacity of a bank or credit union by reason of bankruptcy, insolvency, or suspension or revocation of its charter or license, or the disavowal or rejection of the letter of credit by a conservator, trustee, receiver, or a person acting in a similar capacity, the permittee shall be deemed to be without financial assurance in violation of the Act. The Director shall issue a notice of violation against any operator who is without bond coverage, specifying a reasonable period to replace bond coverage, not to exceed ninety days. During this period the Director or their designated representative shall conduct weekly inspections to ensure continuing compliance with other permit requirements, these rules and the Act. If the notice is not abated in accordance with the schedule, a cessation order shall be issued.
(iv) The irrevocable letter of credit may be cancelled by the issuer only after ninety-days’ notice to the Director, and upon receipt of the Director’s written consent, which may be granted only when an alternative financial assurance substitution has been approved.
(f) The letter may only be issued by a bank insured by the federal deposit insurance corporation or credit union that is insured by the national credit union administration and is organized to do business in the U.S. that identifies by name, address, and telephone number an agent upon whom any process, notice or demand required or permitted by law to be served upon the bank or credit union may be served.
(i) If the bank or credit union fails to appoint or maintain an agent in this State, or whenever any such agent cannot be reasonably found, then the Director shall be an agent for such bank or credit union upon whom any process, notice or demand may be served for the purpose of this Chapter. In the event of any such process, the Director shall immediately cause one copy of such process, notice or demand to be forwarded by registered mail to the bank or credit union at its principal place of business. The Director shall keep a record of all processes, notices, or demands served upon them under this paragraph, and shall record therein the time of such service and their action with reference thereto.
(ii) Nothing herein contained shall limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon the bank or credit union in any other manner now or hereafter permitted by law.
(a) The Director shall release the closure or post-closure portion of the bond or financial assurance instrument when closure or post-closure activities have been successfully completed. The operator shall notify the Administrator upon completion of activities specified in the closure or post-closure plan. The Administrator shall inspect the facility and provide written inspection results to the operator. Release of the closure or post-closure portion of a bond or financial assurance does not relieve the operator of their responsibility for corrective action to prevent or abate violations caused by the regulated facility that are subsequently discovered, or relieve the operator of their responsibility to meet closure or post-closure standards.
(b) The Director shall release the corrective action portion of the bond or financial assurance instrument when a violation has been remedied or the damage abated. The operator shall notify the Administrator upon completion of activities specified in the corrective action plan. The Administrator shall inspect the facility and provide written inspection results to the operator. Release of the corrective action portion of a bond or financial assurance does not relieve the operator of their responsibility for further corrective action to prevent or abate violations caused by the regulated facility that are subsequently discovered, or relieve the operator of their responsibility to meet closure or post-closure standards.
(a) Financial assurance cost estimates for closure, post-closure, and corrective action shall be recalculated annually, within thirty days after the permit issuance anniversary date, and account for inflation.
(b) In addition to annual recalculations, the owner or operator shall revise the cost estimate whenever a change in the approved permit increases the cost of closure, post-closure, or corrective action.
Bond or other financial assurance forfeiture proceedings shall occur in accordance with W.S. § 35-11-504(h), (j), and (k).
(a) This section is applicable to municipally-owned or operated solid waste landfills regulated under Chapter 2 of these rules electing to participate in the state guarantee trust account provided under W.S. § 35-11-515. Such facilities shall be known as participating facilities.
(b) Each facility participating in the account shall, upon their initial election to participate and every four years thereafter:
(i) Either prepare a closure and post-closure plan complying with Chapter 2 of these rules, and prepare a closure and post-closure cost estimate complying with Section 2 of this Chapter, or calculate the facility closure and post-closure costs using a standard cost estimate prepared by the Director;
(ii) Calculate the remaining usable disposal capacity of the facility, expressed as years, using information from the facility permit application; and
(iii) Calculate the annual amount to be paid to the account using the following procedure:
(A) Calculate three percent of the sum of closure and post-closure costs using the following formula:
Three percent of the sum of closure and post-closure costs = $(0.03(\text{Closure cost} - \text{the operator's accumulated net assets earmarked for payment of the operator's closure costs})) + (0.03(\text{Post-closure cost} - \text{the operator's accumulated net assets earmarked for payment of the operator's post-closure costs}))$
(I) The facility owner or operator shall account for closure and post-closure liabilities and costs in accordance with generally accepted accounting principles as provided by W.S. § 16-4-121(c) and certify to the earmarking of the accumulated net assets, subject to audit.
(B) Calculate the balance due to the account by deducting the total of previous payments to the account from three percent of the sum of closure and post-closure costs using the following formula:
Balance due = three percent of the sum of closure and post-closure costs – the total of previous payments to the account
(C) Calculate annual payments to the account by dividing the balance due by the years of remaining disposal capacity using the following formula:
Annual payment = Balance due / years of remaining disposal capacity in disturbed areas
(c) Compliance with the financial assurance requirements of this section is required on July 1 of each year, unless an alternate date is approved by the Administrator.
(d) A refund of the closure guarantee costs shall follow procedures outlined in W.S. § 35-11-515(g) and (j).
(e) A refund of the post-closure guarantee costs shall follow procedures outlined in W.S. § 35-11-515(h) and (j).
(f) The facility owner may elect to withdraw from participation in the account and shall notify the Director of said intent prior to the financial assurance compliance date. Upon withdrawal from participation, or upon completing closure or post-closure requirements, the owner may apply to the Director for a refund of the annual fees paid to the account. The Director shall, approve a refund from the account equal to ninety percent of the total amount paid by the owner, less any expenditures from the account made on behalf of the participating facility under W.S. § 35-11-515(k) that have not been recovered under W.S. § 35-11-515(m). Prior to the Director approving a refund for a withdrawing facility, the facility owner shall demonstrate compliance with the financial assurance requirements of this Chapter.
(g) An owner may elect to participate in the account for purposes of demonstrating compliance only with the closure cost financial assurance requirement, only with the post-closure cost financial assurance requirement, or both. Any owner electing to participate in the account only for the purposes of satisfying the closure or post-closure cost financial assurance requirement shall use another financial assurance mechanism to complete his or her obligation to demonstrate adequate financial assurance for both closure and post-closure costs.
(h) The Director may authorize expenditures from the account if the facility owner, after receiving a notice of violation and order directing the performance of closure or post-closure obligation under this Chapter or Chapter 2 of these rules, has failed to adequately perform such obligation. The Director shall provide in any such order that failure to perform the closure or post-closure obligation will result in the Director’s authorizing an expenditure from the account. The amount to be expended shall be specified by the Director in the order. The availability of an opportunity to appeal the order under W.S. § 35-11-701(c) shall be considered the owner’s opportunity to appeal the amount to be expended, under W.S. § 35-11-515(k).