Title 35 — Title 35 — Public Health And Safety

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…

Long-term abandoned mine reclamation account. (a) There is created the long-term abandoned mine reclamation account. The state treasurer shall, upon direction from the department, deposit up to thirty percent (30%) of the amount of all funds provided to the state by the United St…

(a) Definitions. As used in this act: (i) "Administrator" means the administrator of the abandoned mine land division of the department of environmental quality; (ii) "Mine subsidence loss" means loss caused by lateral or vertical movement, including collapse which results theref…

Mine subsidence loss insurance program; established; rulemaking authority. (a) The governor shall establish an insurance program to cover mine subsidence loss to specified structures in this state. The program shall be operated by the director of the department of environmental q…

exemption. Applicability of Wyoming Insurance Code; (a) The Wyoming Insurance Code applies to transactions under this act except: (i) The state and its officers, agencies and employees are exempt from the licensing, financial and tax requirements imposed by chapters 3, 4, 6, 7 an…

Account created; premiums to be deposited; payment of expenses and claims. There is created a mine subsidence loss insurance account. All premiums, fees, amounts recovered under the program and, where appropriate, grants shall be deposited into this account. The legislature shall…

Repealed by Laws 1990, ch. 98, § 3.

Repealed by Laws 1990, ch. 98, § 3.

Repealed by Laws 1990, ch. 98, § 3.

Repealed by Laws 1990, ch. 98, § 3.

Repealed by Laws 1990, ch. 98, § 3.

Repealed by Laws 1990, ch. 98, § 3.

Repealed by Laws 1990, ch. 98, § 3.

Repealed by Laws 1990, ch. 98, § 3.

Repealed by Laws 1990, ch. 98, § 3.

Repealed by Laws 1990, ch. 98, § 3.

Repealed by Laws 1990, ch. 98, § 3.

Repealed by Laws 1990, ch. 98, § 3.

Repealed by Laws 1990, ch. 98, § 3.

Short title; purpose; department report. (a) This article is known and may be cited as the "Storage Tank Act of 2007". (b) The legislature recognizes the threat to the public health, safety, welfare and the environment caused by pollution to soil and water from underground and ab…

(a) Definitions. As used in this article: (i) "Corrective action" means an action taken to investigate, minimize, eliminate or clean up a release to protect the public health, safety and welfare or the environment; (ii) "Corrective action account" means the account established in…

Rules and regulations. (a) The council shall promulgate rules and regulations necessary to administer this article after recommendation from the director of the department, the administrators of the various divisions and their respective advisory boards. The rules shall include b…

Noninsurance proviso. Nothing in this article shall be construed as creating an insurance company nor in any way subjecting the accounts created to the laws of the state regulating insurance or insurance companies.

Repealed By Laws 2007, Ch. 88, § 3.

Tank registration; proof of insurance. (a) After each new installation or modification of a regulated storage tank system the owner of a tank shall register the tank with the department on forms developed and furnished by the department. The registration form shall be submitted u…

Tank notification required; change of owner; installation requirements; inspections. (a) In the event of the transfer of any tank to a different owner, notification of the transfer shall be provided to the department by the new and former owners. Such notifications shall be made …

Reporting releases. An owner or operator shall report a known or suspected release to the department as required by rules and regulations.

Right of entry; inspection. (a) When requested by an authorized agent of the state the owner or operator shall: (i) Provide information to determine compliance with the statutes and rules and regulations; (ii) Provide access to any site or premises where a tank is located or wher…

Public notice; right to intervene. (a) The department shall notify the affected public of all confirmed releases requiring a plan for soil and groundwater remediation, and upon request, provide or make available to the interested public information concerning the nature of the re…