Title 35 — Title 35 — Public Health And Safety

Remedy agreement; prerequisite; contents; violation of agreement; changes to agreement; covenant not to sue; certificate of completion; recording; effect on orders or permits. (a) Except as provided in W.S. 35-11-1605(d), before an owner and the department may enter into a remedy…

attenuation. No further action letters; findings; natural (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 terminat…

Use control areas; when establishment required; procedure; contents of petition; notice; failure of governmental entity to act; enforcement; exception. (a) The owner of a site who proposes long-term restrictions on the use of the site shall petition to the appropriate governmenta…

Reopening or termination of remedy agreements, covenants not to sue, certificates of completion or no further action determinations; conditions; recording. (a) The department may reopen a remedy agreement, covenant not to sue or certificate of completion at any time if: (i) The c…

Disputes; appeal. If a person and the department are unable after good faith efforts to resolve a dispute arising under this article pursuant to the provisions of an agreement, the person may appeal the department's decision to the council.

Fees; notice; appeal. The department shall implement a fee system and schedule of fees which are applicable to the preliminary remediation agreements, remedy agreements, certificates of completion and no further action letters authorized under this article. Fees shall cover all r…

sites. Remediation requirements for nonvoluntary (a) The remediation requirements for sites that do not participate in the voluntary remediation program in W.S. 35-11-1601 through 35-11-1612 may include, in the discretion of the director requirements which: (i) Return contaminate…

Orphan site remediation; account created. (a) There is created an orphan site remediation account. The director may expend funds contained within the account for the purpose of remediation of orphan sites and the performance of any other activity as defined in this article. (b) A…

Definition of innocent owner. (a) "Innocent owner" means a person who did not cause or contribute to the source of contamination and who is one (1) of the following: (i) An owner of real property that has become contaminated as a result of a release or migration of contaminants f…

Immunity for innocent owners. (a) An innocent owner is not liable for investigation, monitoring, remediation or other response action regarding contamination attributable to a release, discharge or migration of contaminants on his property. (b) shall: To be eligible for immunity …

Limitations. (a) Any person who knowingly transfers, conveys or obtains an interest in land to avoid liability for contamination, remediation or compliance with any provision of this act shall not be an innocent owner. (b) Notwithstanding the provisions of W.S. 35-11-1802, an inn…

Purpose. The purpose of this article is to establish a process for local governmental entities to prepare and maintain approved integrated solid waste management plans.

Integrated solid waste management plans. (a) Each local governmental entity shall prepare and maintain an integrated solid waste management plan describing management of solid waste generated within its jurisdiction or shall participate in a multi-jurisdictional integrated solid …

Recommendations for integrated solid waste management planning areas. By July 31, 2006, the department shall assess the patterns of generation of municipal solid waste within the state and issue a report identifying those areas of the state where integrated solid waste management…

Integrated solid waste management plan content; department approval. (a) Integrated solid waste management plans shall address a period of not less than twenty (20) years and shall contain the following information: (i) A description of the planning area covered by the integrated…

Authorization to negotiate transfer of certain nuclear regulatory functions to the state; scope of regulated material. (a) The governor, on behalf of the state, is authorized to contact the nuclear regulatory commission to express the intent of the state of Wyoming to enter into …

rulemaking. Authority of department to enforce article; (a) Except as provided in this act, no person shall acquire, own, possess, transfer, offer or receive for transport or use any (1) source material involved in uranium or thorium recovery or milling and the associated byprodu…

actions. Licensure; license requirements; enforcement (a) The director is authorized to issue licenses to implement the requirements of the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., as amended. Licenses issued under this section shall also authorize the possession and …

License conditions; termination of licenses. (a) The department shall prescribe conditions in licenses issued, renewed or amended for an activity that results in production of byproduct material to minimize or, if possible, eliminate the need for long-term maintenance and monitor…

Fees. (a) The department shall adopt a fee structure which accounts for the full cost of the program, including positions authorized by this article and other positions assessed to implement the program developed under this article. (b) The department may assess fees for the regu…

(a) Advanced nuclear reactors; requirements. Repealed by Laws 2022, ch. 103, § 2. (b) Any person operating an advanced nuclear reactor in the state of Wyoming in accordance with this section shall not store spent nuclear fuel or high-level radioactive waste from the advanced nucl…