Title 35, Title 35 — Public Health And Safety

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 …

Authority of department to enforce article; rulemaking. (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…

Licensure; license requirements; enforcement actions. (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…

Advanced nuclear reactors; requirements. (a) Repealed by Laws 2022, ch. 103, § 2.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".

Definitions. (a) 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 …

Request for waiver of permit application; form. (a) Any person proposing to construct an industrial facility may submit a written request for a waiver of the application provisions of this chapter. (b) A request for a waiver shall be filed with the division, in a form as prescrib…

Quantity of water available; analysis; public comment; opinions. (a) If an applicant applies for an industrial siting permit, pursuant to W.S. 35-12-106, or for a waiver of the application provisions, pursuant to W.S. 35-12-107, for a facility which requires the use of eight hund…

Application for permit; form; fee; financial accounting. (a) An application for a permit shall be filed with the division, in a form as prescribed by council rules and regulations, and shall contain the following information: (i) The name and address of the applicant, and, if the…

Service of notice of application; information and recommendations; application deficiencies; procedure; jurisdiction; hearing. (a) Not more than ten (10) days following receipt of an application for a permit, the director shall: (i) Serve an electronic or physical copy of the app…

Parties to permit proceeding; waiver by failure to participate. (a) The parties to a permit proceeding include: (i) The applicant; (ii) Each local government entitled to receive a copy of the application under W.S. 35-12-110(a)(i); (iii) Any person residing in a local government …

Record of hearing; procedure. Any studies, investigations, reports or other documentary evidence, including those prepared by the division, which any party wishes the council to consider or which the council itself expects to utilize or rely upon, shall be made a part of the reco…

Decision of council; findings necessary for permit conditions imposed; service of decision on parties; waste management surcharge. (a) Within forty-five (45) days from the date of completion of the hearing the council shall make complete findings, issue an opinion and render a de…

Review of grant or denial of permit. (a) Any party as defined in W.S. 35-12-111 aggrieved by the final decision of the council on an application for a permit may obtain judicial review by the filing of a petition in any state district court in which the major portion of the propo…

Additional requirements by other governmental agencies not permitted after issuance of permit; exceptions. (a) Notwithstanding any other provision of law, no state, intrastate regional agency or local government may require any approval, consent, permit, certificate or other cond…

Revocation or suspension of permit. (a) A permit may be revoked or suspended for: (i) Any material false statement in the application or in accompanying statements or studies required of the applicant, if a true statement would have warranted the council's refusal to grant a perm…

Monitoring of facilities. (a) Except as provided in subsection (b) of this section, the council and the division, utilizing to the fullest extent possible the staff and resources of all state agencies, boards and commissions, has continuing authority and responsibility for: (i) M…

Penalties for violations; civil action by attorney general. (a) No person shall: (i) Commence to construct a facility after the effective date of this chapter without first obtaining a permit required under this chapter; (ii) Construct, operate or maintain a facility, after havin…

Exemptions; information required. (a) Nonmineral processing facilities to be constructed in existing industrial parks, as designated by local governments, and industrial sovereign zones established under W.S. 9-20-202 are exempt from payment of fees and certification procedures b…

Generally; service and assistance animals. (a) Any blind, visually impaired, deaf, hearing impaired person or other person with a disability, subject to the conditions and limitations established by law and applicable alike to all persons: (i) Has the same right as an able-bodied…

Drivers to take precautions; liability. The driver of a vehicle approaching a blind, partially blind, deaf or hearing impaired pedestrian carrying a cane predominantly white or chrome metallic in color or using a guide dog shall take all necessary precautions to avoid injury to t…

Interfering with rights; misrepresentation of a service or assistance animal; penalties. (a) Any person denying or interfering with admittance to or enjoyment of any place or facility referenced in W.S. 35-13-201(a) through (c) or otherwise interfering with the rights of the blin…

Additional provisions on use of service dogs; penalty. (a) Any blind, partially blind, deaf, hearing impaired person or other person with a disability who is a passenger on any common carrier, airplane, motor vehicle, railroad train, motor bus, boat or any other public conveyance…

Definitions. (a) As used in this article: (i) Repealed by Laws 2017, ch. 133, § 2. (ii) "Person with a disability" means an individual who has a mental or physical impairment which substantially limits one (1) or more major life activities; (iii) "Major life activities" means fun…

Injuring or killing a service or assistance animal prohibited; penalties. (a) Any person who knowingly, willfully and without lawful cause or justification inflicts, or permits or directs any animal under his control or ownership to inflict, serious bodily harm, permanent disabil…

Purpose of chapter. It is the purpose of this act to regulate the assemblage of large numbers of people, in excess of those normally meeting the health, sanitary, fire, police, transportation and utility services regularly provided in the state of Wyoming in order that the health…

Chapter not applicable to certain political subdivisions. The provisions of this act shall not apply to municipalities or any cities or towns in the state of Wyoming, or other political subdivisions which, at the effective date of this act, have enacted ordinances or adopted rule…

Definitions. (a) As used in this act, the following terms shall have the following meanings, except where the context clearly indicates another meaning is indicated: (i) "Department" means the department of health or its designee; (ii) "Person" means any individual natural human …

License required to permit, advertise, organize or sell tickets to assemblage of 5,000 or more people. No person shall permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage, or sell or give tickets to any actual or reasonably anticipated …

Separate license required for each day and location of assemblage of 5,000 or more people. A separate license shall be required for each day and each location in which five thousand (5,000) or more people assemble or can reasonably be anticipated to assemble and the fee for each …

Exception to license requirements. This act shall not apply to any regularly established, permanent place of worship, stadium, athletic field, arena, auditorium, coliseum or other similar permanently established place of assembly for assemblies which do not exceed by more than tw…

Requirements for license. (a) Before any person may be issued a license, the applicant shall first: (i) Determine the maximum number of people which will be assembled or admitted to the location of the assembly, provided that the maximum number shall not exceed the maximum number…

Application for license; how made; contents. (a) Application for a license to hold an actual or anticipated assembly of five thousand (5,000) or more persons shall be made in writing to the department at least thirty (30) days in advance of such assembly. (b) The application shal…

Application for license; processing; state agencies to make investigations, reports and recommendations on request. The application for a license shall be processed within twenty (20) days following receipt by the department and shall be issued if all conditions are complied with…

Revocation of license. The license may be revoked by the department at any time if any of the conditions necessary for the issuing of or contained in the license are not complied with, or if any condition previously met ceases to be complied with. Any such revocation may be made …

Assembly held in violation of chapter deemed public nuisance; injunctive relief. The holding of an assembly in violation of any provision or condition contained in this act shall be deemed a public nuisance and may be abated as such. The attorney general shall represent the depar…

Penalty. Any person who willfully and knowingly violates any provision or condition of this act or any condition upon which he is granted a license shall, upon conviction, be fined not more than ten thousand dollars ($10,000.00) or imprisoned in the penitentiary not more than one…

Definitions. (a) As used in this act unless the context otherwise requires: (i) "Explosive materials" means explosives, blasting agents, and detonators as defined by section 181.11 of title 26, Code of Federal Regulations; (ii) "Nonlicensee or nonpermittee" means any individual, …

Purchase of explosive materials from contiguous state permitted; transportation, shipment or receipt. Any nonlicensee or nonpermittee who is a resident of the state of Wyoming and who uses explosive materials in the conduct of business may lawfully purchase explosive materials fr…

Definition. (a) As used in this act: (i) "Professional standard review organizations" means: (A) Any medical, dental, optometric, nursing, osteopathic, emergency medical or pharmacy organization or a local, county, or state medical, dental, optometric, nursing, osteopathic and ph…