Title 35 — Title 35 — Public Health And Safety

application. Research and development license; renewal; (a) A special license to conduct research and development testing may be issued by the administrator for a one (1) year period without a permit and may be renewed annually. An application for a research and development testi…

denial; appeal. Research and development license; grounds for The administrator may deny the special license to conduct research and development testing if he believes the application violates the purpose of this act. The decision of the administrator may be appealed through the …

Research and development license; bond required; release or forfeiture; review of license. (a) If a special license to conduct research and development testing is granted, the administrator shall require the licensee to provide a bond in an amount necessary to insure complete rec…

Research and development license; notice of incomplete application; when application deemed complete. The administrator shall notify an applicant within ninety (90) days of submission of the application whether or not it is complete. If an application is incomplete, the administr…

drill holes. Records to be filed on completion; abandoned (a) Upon completion of reclamation and abandonment by the operator, the operator shall record with the state engineer's office the location and nature of aquifers that have been affected by the in situ operation. (b) Any a…

[Repealed or reserved.]

Enforcement for surface coal mining operations. (a) The director or his designated authorized representative shall issue a cessation order covering that portion of the operation relevant to the violation or hazard and impose any necessary affirmative obligations if: (i) On the ba…

Duties of the administrator of the solid and hazardous waste management division. (a) In addition to the other powers and duties enumerated in this act, the director of the department through the administrator of the solid and hazardous waste management division shall coordinate …

term; renewals. Solid waste management facilities permits; (a) No person, except when authorized under the permit system established pursuant to this act, shall: (i) Locate, construct, operate or close a solid waste management facility; or (ii) Modify the design, construction or …

Authority to promulgate rules and regulations for solid waste management facilities and for the management of hazardous wastes. (a) The director, upon recommendation from the administrator after consultation with the water advisory board, is authorized to recommend that the counc…

Bonding for solid waste management facilities. (a) The council, by rules and regulations, shall establish bonding or financial assurance requirements for solid waste management facilities to assure there are adequate sources of funds to provide for cost effective: (i) Closure cos…

Existing regulations remain in effect. The Wyoming solid waste management rules and regulations, promulgated by the council in 1975 and amended in 1980, shall remain in effect until amended, repealed or otherwise revised by the council.

Applications subject to penalty of perjury. All applications submitted pursuant to this chapter shall be signed under oath subject to penalty of perjury by the applicant if an individual, by at least one (1) principal if the application is for a partnership or joint venture, or b…

Repealed by Laws 1990, ch. 102, § 1.

Recycling and processing requirements for commercial solid waste management facilities. (a) In recognition of the need to minimize unnecessary uses of the land for solid waste management, to allow for an effective ability for state oversight, regulation and inspection of solid wa…

Lead acid batteries; land disposal prohibited. (a) No person shall place a used lead acid battery in mixed municipal solid waste, discard or otherwise dispose of a lead acid battery except by delivery to an automotive battery retailer or wholesaler, to a collection or recycling f…

Lead acid batteries; collection for recycling. (a) A person selling lead acid batteries at retail or offering lead acid batteries for retail sale in the state shall: (i) Accept, at the point of transfer, in a quantity at least equal to the number of new batteries purchased per ye…

Automotive battery retailers required to post notice; penalty. The department shall produce, print and distribute the notices required by W.S. 35-11-510 to all places where lead acid batteries are offered for sale at retail. Failure to post the required notice shall subject the e…

Lead acid battery wholesalers. Any person selling new lead acid batteries at wholesale shall accept, at the point of transfer, in a quantity at least equal to the number of new batteries purchased per year, used lead acid batteries from customers, if offered by customers. A perso…

Penalties. Violations of W.S. 35-11-510 and 35-11-512 are misdemeanors subject to a penalty of up to seven hundred fifty dollars ($750.00).

Approval of commercial solid waste management, commercial incineration and disposal facilities. (a) No construction shall commence of, nor shall any wastes be accepted or received at, any commercial solid waste management facility, or any commercial waste incineration or disposal…

Account created for the guarantee of costs for closure and post-closure care for municipally owned or operated solid waste disposal facilities. (a) There is created an expendable trust account to provide a guarantee that adequate monies will be available to close and conduct post…

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…