Title 35 — Title 35 — Public Health And Safety

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Repealed by Laws 1985, ch. 141, § 1.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…

division. Powers of the administrator of land quality (a) The administrator of the land quality division shall have the following powers: (i) To utilize qualified experts in the field of hydrology, soil science, plant or wildlife ecology, and other related fields to advise on min…

Drill holes to be capped, sealed or plugged. (a) All drill holes sunk in the exploration for locatable or leasable minerals on all lands within the state of Wyoming shall be capped, sealed or plugged in the manner described hereinafter by or on behalf of the discoverer, locator o…

Permit defined; no mining operation without valid permit; when validity terminated. (a) A mining permit is the certification that the tract of land described may be mined by an operator licensed to do so in conformance with an approved mining plan and reclamation plan. No mining …

limitations. Application for permit; generally; denial; (a) Applications for a mining permit shall be made in writing to the administrator and shall contain: (i) The name and address of the applicant, and, if the applicant is a partnership, association, or corporation, the names …

Water impoundments. (a) In any plan for the creation of a permanent water impoundment the applicant must adequately demonstrate that: (i) The size of the impoundment, contouring and revegetation, if any, are suitable for its intended purpose and use; (ii) Final grading will provi…

Permit transfer. A permit holder desiring to transfer his permit shall apply to the administrator. The potential transferee shall file with the administrator a statement of qualifications to hold a permit as though he were the original applicant for the permit and shall further a…

Permit revocation. (a) The director shall revoke a mining permit if at any time he determines that the permit holder intentionally misstated or failed to provide any fact that would have resulted in the denial of a mining permit and which good faith compliance with the policies, …

License to mine for minerals; application. (a) A license to mine is issued for the duration of the mining operation on the permit area unless sooner revoked or suspended as provided herein. No mining operation of any kind may be commenced or conducted without a license to mine. (…

Annual report. (a) An operator shall file an annual report with the administrator on or within thirty (30) days prior to the anniversary date of each permit. The report shall include: (i) The name and address of the operator and the permit number; (ii) A report in such detail as …

(a) License revocation or suspension. The director shall revoke an operator's license: (i) If at any time he becomes aware of the existence of any fact, reason, or condition that would have caused him to deny an application for a mining permit whether or not such condition existe…

dozing. Special license to explore for minerals by A special license to explore for minerals by dozing may be issued by the administrator for a one (1) year period without a permit.

Special license to explore for minerals by dozing; application; standards; fee; bond; denial; appeal. (a) Any person desiring to engage in mineral exploration by dozing shall apply to the administrator for a special license. The application shall be in accordance with rules and r…

Duties of operator. (a) Every operator to whom any permit or license is issued shall comply with all requirements of this act, the rules and regulations promulgated hereunder, and reclamation plans and other terms and conditions of any permit or license. (b) The operator, pursuan…

Protection of the surface owner. (a) In those instances in which the surface owner is not the owner of the mineral estate proposed to be mined by mining operations a permit shall not be issued without the execution of a bond or undertaking to the state, whichever is applicable, f…

Bonding provisions. (a) The purpose of any bond required to be filed with the administrator by the operator shall be to assure that the operator shall faithfully perform all requirements of this act and comply with all rules and regulations of the board made in accordance with th…

Cash or securities in lieu of bond. (a) For coal mining operations, in lieu of a bond, the operator or its principal may deposit federally insured certificates of deposit payable to the Wyoming department of environmental quality, or cash, or government securities, or irrevocable…

Bond cancellation. Such bond may be cancelled by the surety only after ninety (90) days notice to the director, and upon receipt of the director's written consent, which may be granted only when the requirements of the bond have been fulfilled.

Cancellation of surety's license; substitution. If the license to do business in Wyoming of any surety upon a bond filed pursuant to this act is suspended or revoked by any state authority then the operator, within thirty (30) days after receiving notice thereof, shall substitute…

Bond forfeiture proceedings. (a) If the director determines that a performance bond should be forfeited because of any violation of this act, he shall, with the approval of the council, make formal request of the attorney general to begin bond forfeiture proceedings. (b) The atto…

Forfeited bond inadequate; suit to recover reclamation costs. If the forfeited bond is inadequate to cover the costs of the final reclamation program, the attorney general shall bring suit to recover the cost of the reclamation where recovery is deemed possible.

Release of bonds. (a) No bond shall be finally released until the reclamation program has been completed and approved by the administrator. The director may retain a portion of the bond for at least five (5) years as provided in W.S. 35-11-417, or for so long thereafter as necess…

Deposit of fees and forfeitures. (a) All forfeitures collected under the provisions of this act shall be deposited with the state treasurer in a separate account for reclamation purposes. (b) All fees shall be deposited with the state treasurer in the general fund. (c) All fines …

coal mining. Designation of areas unsuitable for surface (a) Any person having an interest which is or may be adversely affected may petition the council to have an area designated as unsuitable for surface coal mining operations, or to have a designation terminated. The petition…

licenses. In situ mineral mining permits and testing (a) Any person desiring to engage in situ mineral mining or research and development testing is governed by this act. (b) All provisions of this act applicable to a surface coal mining operation, as defined in W.S. 35-11-103(e)…

In situ mining permit; permit required; authority of land quality division exclusive. Application for an in situ mining permit shall be made to the director. The director shall designate the land quality administrator as his representative on all matters concerning the applicatio…

In situ mining permit; requirements for application; contents of application. (a) Application for an in situ mining permit shall meet the requirements of W.S. 35-11-406(a)(i) through (vi) and (viii) through (xiv), and shall contain a description of the proposed permit area includ…

(a) In situ mining permit; contents of permit. Every permit shall: (i) Require the operator to give verbal notice of an excursion to the administrator as soon as practical after the excursion is confirmed, followed by reasonable written notice; (ii) Authorize the administrator to…

annual report. Duties of in situ mining operator; records; (a) The operator shall submit an annual report containing the general categories of environmental protection and reclamation information pursuant to W.S. 35-11-411. (b) The operator shall maintain records at the mine site…