Title 35 — Title 35 — Public Health And Safety

transporters. Regulation of hazardous waste generators and (a) Each person who generates or transports hazardous waste in an amount which would otherwise subject the person to regulation under subtitle C of the Resource Conservation and Recovery Act, P.L. 94-580, shall comply wit…

Fees applicable to hazardous waste treatment, storage and disposal facility operators. (a) The department shall implement a permit fee system and schedule of fees which are applicable to hazardous waste treatment, storage and disposal facilities. (b) Permit fees shall be collecte…

orders. Prior federal court orders and administrative (a) The department may become a party to, or assume the rights and duties of the federal government for, any federal court order which has been issued pursuant to subtitle C of the Resource Conservation and Recovery Act, P.L. …

Hazardous waste corrective action requirements. Corrective action requirements applicable to any hazardous waste management facility shall be consistent with, and equivalent to, corrective action requirements contained in rules and regulations adopted by the United States environ…

Termination of state regulation of hazardous waste generators and transporters; procedures. (a) The department shall report to the legislature any reduction in federal hazardous waste grant funds supplied to the state under section 3011 of the Resource Conservation and Recovery A…

monitoring. Grants for municipal solid waste landfill (a) Subject to the availability of funds, the director shall provide grants toward the costs of performing activities specified in subsection (b) of this section to local governmental entities who own or are responsible for an…

Grant criteria; submission and review of grant applications; recommendation from water and waste advisory board; grant awards. (a) Following public notice and hearing before the water and waste advisory board, the department shall adopt criteria for awarding grants under W.S. 35-…

Annual report. (a) Effective January 1, 2012, every operator shall file an annual report with the administrator on or within thirty (30) days prior to the anniversary date of each lifetime permit. The report shall include: (i) The facility name, the name and address of the operat…

Municipal solid waste landfill assessments; priority list; monitoring. (a) The department shall conduct an assessment of the needs for municipal solid waste landfill monitoring and the necessity for any remediation on leaking municipal solid waste landfills in Wyoming. (b) The de…

Orphan landfill sites. (a) The director may expend funds contained within the account for remediation of orphan landfill sites and the performance of any other activity as defined in this article. (b) As used in this section, "orphan landfill site" means: (i) A landfill where the…

Performance based design and performance based evaluation in consideration and approval of engineered containment systems as part of municipal solid waste landfill permits. (a) A person submitting an application for a permit pursuant to W.S. 35-11-502 which contains a performance…

Performance based design evaluation criteria for municipal solid waste landfill units. (a) New municipal solid waste landfill units and lateral expansions approved by the administrator under W.S. 35-11-502 and 35-11-526 shall be constructed: (i) In accordance with a performance b…

Interest earned by this account shall be deposited in the general fund. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a), funds deposited in this account shall not revert without further action of the legislature. (b) There is created the municipal solid waste cease and …

Municipal solid waste facilities cease and transfer accounts created; authorized expenditures from the accounts. (a) There is created the municipal solid waste cease and transfer grant account. Monies from the account shall be awarded for grants to fund approved activities pursua…

Rules and regulations. (a) The state loan and investment board in consultation with the department of environmental quality shall promulgate rules and regulations necessary to administer the municipal solid waste facility cease and transfer program. Those rules shall include: (i)…

General permit for cease and closure for small landfills; rulemaking authority. (a) The department shall develop a general permit in accordance with W.S. 35-11-801(d) for closing municipal solid waste landfills with a total surface area of less than thirty (30) acres, and shall p…

Municipal solid waste facility operator financial responsibility; penalties. (a) Municipal solid waste facility operators shall ensure continued revenue or funding streams sufficient to provide for all foreseeable costs of the facility, including but not limited to the full costs…

Municipal solid waste landfill remediation program created; purpose. (a) There is created the municipal solid waste landfill remediation program. The program shall be administered by the solid and hazardous waste division of the department of environmental quality with the input …

operator. Program criteria; requirements for local (a) The department shall contract with entities, including contractors and local operators, to provide monitoring and remediation activities, including but not limited to groundwater remediation and monitoring, methane mitigation…

Municipal solid waste landfill remediation account; authorized expenditures from the account. (a) There is created the municipal solid waste landfill remediation account. The department shall use monies from the municipal solid waste landfill remediation account as appropriated b…

Rules and regulations. (a) The council shall promulgate rules and regulations necessary to administer the program after recommendation from the director of the department, the administrator of the solid and hazardous waste division and the water and waste advisory board. The rule…

Specify standards for restoration of the Restoration standard. Any owner or operator, the department or other person taking a corrective action shall restore the environment to a condition and quality consistent with standards established in rules and regulations.

(p) Nothing in this act or regulations under this act shall be construed to permit an application for a variance which would result in less stringent land use or environmental controls or regulations of surface coal mining and reclamation operations than authorized by P.L. 95-87,…

Applications; authority to grant; hearing; limitations; renewals; judicial review; emergencies. (a) Any person who owns or is in control of any real or personal property, any plant, building, structure, process or equipment may apply to the administrator of the appropriate divisi…

Complaint; investigations; conference; cease and desist order; hearing; referee. (a) If the director or the administrators have cause to believe that any persons are violating any provision of this act or any rule, regulation, standard, permit, license, or variance issued pursuan…

Issuance of permits and licenses. (a) When the department has, by rule or regulation, required a permit to be obtained it is the duty of the director to issue such permits upon proof by the applicant that the procedures of this act and the rules and regulations promulgated hereun…

Refusal to grant permits; applicant's rights. If the director refuses to grant any permit under this act, the applicant may petition for a hearing before the council to contest the decision. The council shall give a public notice of such hearing. At such hearing, the director and…

Single permit for activities covered by more than one article. (a) The director may grant a single permit for a facility or activity regulated under more than one (1) article of this act provided that there is compliance with all rules, standards and public participation requirem…

Violations of provisions; penalties. (a) Any person who violates, or any director, officer or agent of a corporate permittee who willfully and knowingly authorizes, orders or carries out the violation of any provision of this act, or any rule, regulation, standard or permit adopt…

Surface coal mining operations; violations of provisions; penalties. (a) Notwithstanding W.S. 35-11-901, violations by surface coal mining operations of article 4 of this act, or of any rule, regulation, standard, order, license, variance or permit issued thereunder, shall be gov…

Violations of provisions of act causing damage to wildlife; recoveries; causes of action. (a) Any person who violates this act, or any rule or regulation promulgated thereunder, and thereby causes the death of fish, aquatic life or game or bird life is, in addition to other penal…

Civil or criminal remedy. (a) Except as provided in subsection (c) of this section, any person having an interest which is or may be adversely affected, may commence a civil action on his own behalf to compel compliance with this act only to the extent that such action could have…

Judicial review; temporary relief; conditions. (a) Any aggrieved party under this act, any person who filed a complaint on which a hearing was denied, and any person who has been denied a variance or permit under this act, may obtain judicial review by filing a petition for revie…

Publication of rules and regulations. Any rule, regulation or standard promulgated under this act shall be published and distributed to members of the legislature and any other interested party.

Records available to the public; restrictions. (a) Any records, reports or information obtained under this act or the rules, regulations and standards promulgated hereunder are available to the public. Upon a showing satisfactory to the director by any person that his records, re…

emergency order. Hearing unnecessary prior to issuance of Nothing in this act shall be construed to require a hearing prior to the issuance of an emergency order.

Property exempt from ad valorem taxation. The following property is exempt from ad valorem taxation pursuant to the provisions of this act and includes facilities, installations, machinery or equipment attached or unattached to real property and designed, installed and utilized p…

(a) Limitation of scope of provisions. Nothing in this act: (i) Grants to the department or any division thereof any jurisdiction or authority with respect to pollution existing solely within commercial and industrial plants, works or shops; (ii) Affects the relations between emp…

Environmental audit privilege; exceptions; burden of proof; waiver; disclosure after in camera review; application. (a) As used in this section: (i) "Environmental audit" means a voluntary, internal and comprehensive evaluation of one (1) or more facilities or an activity at one …

Limitation on civil penalties; voluntary reports of violations. (a) If an owner or operator of a facility regulated under this act voluntarily reports to the department a violation disclosed by the audit conducted under W.S. 35-11-1105 within sixty (60) days of the completion dat…

Abandoned mine reclamation program. In addition to any other powers and duties imposed by law, the governor, through the director shall perform any and all acts necessary or expedient to implement and administer an abandoned mine reclamation program pursuant to section 405 of P.L…

State reclamation plan. (a) The state reclamation plan may provide for any or all of the following activities: (i) The acquisition, reclamation or restoration of land and water resources which were mined for coal or minerals or affected by coal or other mineral mining processes a…

Abandoned mine reclamation account; subsidence mitigation account. (a) Upon approval of the state reclamation plan, the state treasurer shall create an abandoned mine reclamation account for the purpose of accounting for monies received by the state from the secretary of the inte…

Right of entry. (a) The director, administrator of the abandoned mine land division, or their designated authorized representative shall have the right to enter upon or have access to any property adversely affected by past coal mining practices to restore, reclaim, abate, contro…

Land acquisition and disposal. (a) The state may acquire any land, by purchase, donation or condemnation, which is adversely affected by past coal mining practices if the director, with the concurrence of the governor, finds that acquisition of the land is necessary to successful…

Liens for reclamation on private lands. (a) Within six (6) months after the completion of projects to restore, reclaim, abate, control or prevent adverse effects of past coal or mineral mining practices on privately owned land, the director shall itemize the monies expended and m…

Miscellaneous authority. (a) The governor may promulgate any rules and regulations which may be necessary or expedient to implement and administer the provisions of this article. (b) The director may construct and operate any plants, including major interceptors and other facilit…

Mine subsidence mitigation program. The governor may establish a coal mine subsidence mitigation program to assist property owners with mine subsidence problems that threaten life and property in this state. The program shall be operated by the director and be coordinated with th…

Contract eligibility. (a) The abandoned mine land division shall not issue a contract to any contractor if the United States department of interior, office of surface mining applicant violator system shows the contractor has any one (1) or more of the following: (i) Delinquent ab…

Abandoned mine land funds reserve account. (a) account. There is created the abandoned mine land funds reserve (b) All funds received from the federal government, from the Surface Mining Control and Reclamation Act Amendments of 2006, Section 411(h)(1), pursuant to 2007 H.R. 6111…