Title 35 — Title 35 — Public Health And Safety

Short title. This act shall be known and may be cited as the "Wyoming Environmental Quality Act".

Policy and purpose. Whereas pollution of the air, water and land of this state will imperil public health and welfare, create public or private nuisances, be harmful to wildlife, fish and aquatic life, and impair domestic, agricultural, industrial, recreational and other benefici…

Definitions. (a) For the purpose of this act, unless the context otherwise requires: (i) "Department" means the department of environmental quality established by this act; (ii) "Council" means the environmental quality council established by this act; (iii) "Director" means the …

Department of environmental quality created. There is created a department within the executive branch entitled "The State Department of Environmental Quality" as provided in W.S. 9-2-2013.

Divisions enumerated. (a) The department shall consist of the following divisions: (i) Air quality division; (ii) Water quality division; (iii) Land quality division; (iv) Solid and hazardous waste management division; (v) Abandoned mine land division; (vi) Industrial siting divi…

authority. Powers, duties, functions and regulatory (a) All powers, duties, functions and regulatory authority vested in the state office of industrial siting administration are transferred to the department, as of April 1, 1992. The performance of such acts or functions by the i…

personnel. Transfer of funds, records, property and (a) All records, physical property and personnel including their rights and privileges under the merit system, retirement system and personnel system, and any appropriated or unused funds of the former state office of industrial…

Appointment of director and division administrators; qualifications of director; term; salaries; employment of assistants. The governor with the advice and consent of the senate shall appoint a director of the department who is the department's executive and administrative head. …

Powers and duties of director. (a) In addition to any other powers and duties imposed by law, the director of the department shall: (i) Perform any and all acts necessary to promulgate, administer and enforce the provisions of this act and any rules, regulations, orders, limitati…

Powers of administrators of the divisions. (a) The administrators of the air quality, land quality and water quality divisions, under the control and supervision of the director, shall enforce and administer this act and the rules, regulations and standards promulgated hereunder.…

Independent environmental quality council created; removal; terms; officers; meetings; expenses. (a) There is created as a separate operating agency of state government an independent council consisting of seven (7) members to be known as the environmental quality council. Not mo…

council. Powers and duties of the environmental quality (a) The council shall act as the hearing examiner for the department and shall hear and determine all cases or issues arising under the laws, rules, regulations, standards or orders issued or administered by the department o…

Advisory boards created; membership; removal; terms; meetings; expenses. (a) There is created within the department three (3) advisory boards, one (1) for each of the air quality, land quality and water quality divisions. Each advisory board shall consist of five (5) members appo…

Powers and duties of the advisory boards. (a) The advisory board shall recommend to the council through the administrator and director, comprehensive plans and programs for the management of solid and hazardous waste, the prevention, control and abatement of air, water and land p…

Power of director to issue emergency orders. (a) Any other provisions of law to the contrary notwithstanding, if the director finds that a condition of air, water or land pollution exists and that it creates an emergency requiring immediate action to protect human or animal healt…

restrictions. Discharge or emission of contaminants; No person shall cause, threaten or allow the discharge or emission of any air contaminant in any form so as to cause pollution which violates rules, regulations and standards adopted by the council.

Establishment of standards. (a) Without limiting the authority of the administrator as set out in W.S. 35-11-110, he shall, after consultation with the advisory board, recommend to the director such ambient air standards or emission control requirements by rule or regulation, as …

Sources subject to operating permit program. (a) The following sources of air contaminants are subject to the provisions of W.S. 35-11-203 through 35-11-212: (i) Any stationary source, or any group of stationary sources located within a contiguous area and under common control, t…

Department to establish requirements for applications; certification. (a) The department shall promulgate rules for permit applications, including standard application forms to be submitted pursuant to the operating permit program. The rules shall: (i) Establish specific criteria…

Application procedures. (a) Any source required to have a permit under W.S. 35-11-203 shall, not later than twelve (12) months after the date on which the source becomes subject to the requirements of the operating permit program or such earlier date as the department may establi…

Operating permit requirements and conditions. (a) Every permit issued under the operating permit program shall include enforceable emission limitations and standards, a schedule of compliance, a requirement that the permittee submit to the department no less often than every six …

Notification to the environmental protection agency and contiguous states. (a) The department shall transmit to the environmental protection agency: (i) A copy of each permit application and any application for a permit modification or renewal or any portion thereof including any…

Review of actions on applications. (a) An applicant may seek relief pursuant to W.S. 35-11-802 on any final action taken on a permit including the director's refusal to grant a permit under the operating permit program or failure to act on a completed application within eighteen …

Small business stationary source technical and environmental compliance assistance program. (a) The department shall act as ombudsman for small business stationary sources in connection with implementation of the operating permit program and the Clean Air Act. (b) As ombudsman th…

panel. Small business assistance program advisory (a) There is created a compliance advisory panel consisting of the following nine (9) members: (i) Two (2) members, who are not owners, or representatives of owners, of small business stationary sources, shall be appointed by the …

Fees. (a) The department shall implement a permit fee system and schedule of fees adequate to cover all reasonable direct and indirect costs of reviewing and acting upon any construction and modification permits under this article and developing, implementing and administering th…

Effect of other provisions. (a) Nothing in W.S. 35-11-203 through 35-11-212 shall be construed as affecting allowances under the allowance program and phase II compliance schedule under the acid rain provisions of title IV of the federal Clean Air Act. (b) Nothing in W.S. 35-11-2…

Restrictions on state regulations related to greenhouse gas emissions. (a) Effective March 31, 1999, neither the department nor the council shall propose or promulgate any new rule or regulation intended in whole or in part to reduce emissions as called for by the Kyoto Protocol,…

Emission trading programs. The department through rule and regulation may establish intrastate, participate in interstate, or establish intrafacility emissions trading programs. Any trading program established shall be consistent with the Clean Air Act and regulations promulgated…

Prohibited acts. (a) No person, except when authorized by a permit issued pursuant to the provisions of this act, shall: (i) Cause, threaten or allow the discharge of any pollution or wastes into the waters of the state; (ii) Alter the physical, chemical, radiological, biological…

division. Duties of the administrator of water quality (a) In addition to other duties imposed by law, the administrator of the water quality division at the direction of the director: (i) May conduct on site compliance inspections of all facilities and works during or following …

Administrator required to delegate certain management functions to local governmental entities. (a) To the extent requested by a municipality, water and sewer district or county, the administrator of the water quality division, with the approval of the director, shall delegate to…

Repealed by Laws 1985, ch. 141, § 1.

restriction. Oil field waste disposal facilities; (a) In addition to any other requirement or restriction imposed under the Wyoming Environmental Quality Act, no person shall locate, construct or operate any commercial oil field waste disposal facility within one (1) mile of any:…

Commercial waste treatment, storage and disposal facilities. (a) In addition to any other requirement or restriction imposed under the Wyoming Environmental Quality Act, commercial waste treatment, storage and disposal facilities used for the management of more than ten (10) tons…

Short title. This act, W.S. 35-11-308 through 35-11-311, may be known and shall be cited as the "Wyoming Wetlands Act".

Legislative policy and intent. (a) The legislature declares that all water, including collections of still water and waters associated with wetlands within the borders of this state are property of the state. The legislature further declares that water is one of Wyoming's most im…

Notice to drain waters required; exception. (a) Except as provided in subsection (b) of this section, after July 1, 1996, no person shall drain water from a naturally occurring or man-made wetland, or any series thereof, which has an area comprising five (5) acres or more, withou…

Mitigation; guidelines. (a) The department, after consultation with the Wyoming department of agriculture, state engineer, game and fish department, Wyoming water development commission and the department of transportation, shall adopt guidelines for evaluating ecological functio…

Fees. (a) The department shall implement a surface water point source discharge permit fee system for each permit issued pursuant to W.S. 35-11-302(a)(v). The department shall assess an annual permit fee of two hundred dollars ($200.00) for each Wyoming pollution discharge elimin…

Carbon sequestration; permit requirements. (a) The geologic sequestration of carbon dioxide is prohibited unless authorized by a permit issued by the department. (b) The injection of carbon dioxide for purposes of a project for enhanced recovery of oil or other minerals approved …

Unitization of geologic sequestration sites; purposes; definitions. (a) The purpose of W.S. 35-11-314 through 35-11-319 is declared by the Wyoming legislature to be the protection of corresponding rights, compliance with underground injection control class VI well and other envir…

Unitization of geologic sequestration sites; agreements; application for permit; contents. (a) Any interested person may file an application with the Wyoming oil and gas conservation commission requesting an order providing for the operation and organization of a unit of one (1) …

Unitization of geologic sequestration sites; hearings on application, order; modifications. (a) Upon receipt of an application under W.S. 35-11-315, the Wyoming oil and gas conservation commission shall promptly set the matter for hearing, and in addition to any notice otherwise …

Unitization of geologic sequestration sites; economic benefits; liens. (a) No order of the Wyoming oil and gas conservation commission or other contract relating to a separately owned tract within the unit area shall be terminated by the order providing for unit operations, but s…

(a) Geologic sequestration special revenue account. Geologic sequestration special revenue account. (a) As used in this section and in W.S. 35-11-319, "injector" means a person applying for or holding a permit or certificate for geologic sequestration of carbon dioxide under W.S.…

Certificate of project completion; release; transfer of title and custody. (a) After all carbon dioxide injections underground or into pore space are completed as provided by a permit issued under W.S. 35-11-313 and upon application by the injector holding title to the carbon dio…

Geologic sequestration special revenue account. (d) The existence, management and expenditure of funds from this account shall not constitute a waiver by the state of Wyoming of its immunity from suit, nor does it constitute an assumption of any liability by the state for geologi…

Compliance generally; exceptions. (a) No mining operation or operation by which solid minerals are intended to be extracted from the earth shall be commenced after the effective date of the act, except in accordance with its requirements. It is recognized these measures are perfo…

Establishment of standards. (a) The council shall, upon recommendation by the advisory board through the administrator and the director, establish rules and regulations pursuant to the following reclamation standards for the affected areas, including but not limited to: (i) The h…