Title 35 — Title 35 — Public Health And Safety

Corrective action account created; use of monies; cost recovery. (a) There is created the corrective action account. This account is intended to provide for financial assurance coverage required by federal law and shall be used by the department to take corrective action in respo…

Tank fee; deposit into corrective action account; late fee. (a) On or before January 1 of each year the owner of a tank shall pay a fee to the department of two hundred dollars ($200.00) per tank owned. This fee shall be deposited in the corrective action account. (b) On April 1 …

Restoration standard. Any owner or operator, 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.

Financial responsibility account. There is created the environmental pollution financial responsibility account. This account is intended to provide for financial assurance coverage required by federal law for underground storage tanks and establish financial assurance coverage f…

monies. Uses of financial responsibility account (a) As provided in this section, the department shall, on application by an owner or operator, direct the payment of monies from the financial responsibility account to satisfy judgments against the owner or operator for third part…

Tank requirements; rulemaking authority. (a) Cathodic protection shall be installed and operated on all internally lined underground storage tanks no later than June 30, 2008. (b) All underground storage tank systems that dispense more than five hundred thousand (500,000) gallons…

W.S. 35-11-1430(b) repealed this section effective June 30, 2009. (Laws 2007, Ch. 172, § 1.)

Tank system operators, installers and testers licensing; rulemaking authority. (a) After recommendation from the director and consultation with the appropriate advisory boards, the council shall promulgate rules and regulations to develop standards for the licensure of all tank s…

Temporarily out of use tanks; rulemaking. Except tanks within operating facilities, any underground or aboveground storage tank that has been temporarily out of use for more than twelve (12) months shall be permanently closed in accordance with department rule and regulation not …

(a) Definitions. As used in this article: (i) "High-level radioactive waste" means as defined in the "Nuclear Waste Policy Act of 1982" as amended, 42 U.S.C. § 10101 et seq.; (ii) "High-level radioactive waste storage" means the emplacement of high-level radioactive waste or spen…

Application to site a high-level radioactive waste storage facility; requirements; payment of costs. (a) Any person undertaking the siting of any high-level radioactive waste storage facility shall do so in accordance with this article. Facilities subject to this article are exem…

Preparation of the report by the department. (a) Except as otherwise provided in this subsection, the department shall within twenty-one (21) months of receipt of an application and the application fee under W.S. 35-11-1502, prepare a report which examines the environmental, soci…

Public review of any report for the siting of a high-level radioactive waste storage facility; submission to legislature. (a) The department shall submit any report prepared under W.S. 35-11-1503 for public review as required under this section. The public shall be afforded an op…

Benefits agreement. No benefits agreement shall be finally effective until authorized by the legislature under W.S. 35-11-1506. The benefits agreement shall be sufficient to offset adverse environmental, public health, social or economic impacts to the state as a whole, and speci…

Legislative approval of the siting of highlevel radioactive waste storage facilities; conditions. (a) Except as provided in subsection (e) of this section, no construction may commence, nor shall any high-level radioactive waste storage facility be sited within this state, unless…

Injunction proceedings; penalties. (a) When, in the opinion of the governor, a person is violating or is about to violate any provision of this article, the governor shall direct the attorney general to apply to the appropriate court for an order enjoining the person from engagin…

Applicability; nonvoluntary remediation. (a) This article establishes the requirements and procedures necessary for voluntary remediation of eligible sites under this act, and shall not authorize unpermitted releases of contaminants to the environment of the state. Consistent wit…

Eligibility for voluntary remediation program; sites eligible; sites ineligible. (a) Eligible sites shall include sites which meet the following conditions: (i) Sites, or portions of sites, where releases occurred before the effective date of this article and: (A) The site, or po…

Participation in the voluntary remediation program; application; time for determination. To participate in the voluntary remediation program a person must submit an application to the department that identifies the owner and provides a location and description of the site. The ap…

Public participation; notice; plan. (a) Following any determination by the department that a site is an eligible site, or following the submission of any application to modify an existing remedy agreement, the owner or operator shall give written notice to all surface owners of r…

Voluntary remediation standards; sitespecific, risk-based standards; considerations in choice of remedy; alternate standards for soil; alternate standards for soil or water; point of compliance; contamination from source not on site; alternate remediation standards for site conta…

Preliminary remediation agreement; contents. (a) The preliminary remediation agreement shall contain the terms and conditions agreed to by the parties, which shall include the information and procedures required for completion of an environmental assessment or site characterizati…

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…

Short title. This chapter is the "Industrial Development Information and Siting Act".

(a) Definitions. As used in this chapter: (i) "Advisory member" means an advisory member of the council provided by W.S. 35-12-104(f); (ii) "Applicant" means any person who applies for a permit pursuant to this chapter; (iii) "Commence to construct" means: (A) Any clearing of lan…

Creation of industrial siting division. There is created within the department of environmental quality the industrial siting division.

Industrial siting council created; composition; terms; removal; compensation. (a) There is created the industrial siting council consisting of seven (7) members who are residents of Wyoming. (b) The terms of council members shall be six (6) years, except that on the initial appoi…

Appointment and duties of administrator; staff; rules and regulations. (a) The director shall appoint an administrator of the division who shall serve at the director's pleasure as the executive and administrative head of the division. The administrator is responsible to and unde…

Permit from council required before commencing construction of facility; electronic permitting; amendments; exceptions; federal requirements. (a) No person shall commence to construct a facility, as defined in this chapter, in this state without first obtaining a permit for that …

[Repealed or reserved.]