Title 35 — Title 35 — Public Health And Safety

171, § 3. Repealed by Laws 1982, ch. 75, § 5; 1983, ch.

171, § 3. Repealed by Laws 1982, ch. 75, § 5; 1983, ch.

Definitions. (a) "Fireworks" means any article, device or substance prepared for the primary purpose of producing a visual or auditory sensation by combustion, explosion, deflagration or detonation, including any item which may be sold or offered for sale under 15 U.S.C. § 1261, …

Sale and use prohibited; exception. Except as hereinafter provided, it is unlawful for any person to offer or expose for sale, sell, at either wholesale or retail, give away, use, discharge or detonate any fireworks in the state of Wyoming.

Permits for public displays required. (a) Any governing body shall have the power to grant permits, within the area under its jurisdiction, for supervised public displays of fireworks by individuals, municipalities, amusement parks and other organizations and groups, and to adopt…

(a) Construction; exceptions. This act shall not be construed to prohibit: (i) Any person from offering for sale, exposing for sale, selling, or delivering fireworks to any municipality, association, amusement park, or other organization or group holding a permit issued as herein…

Further regulations by municipalities. This act shall not be construed to prohibit the imposition by municipal ordinance of further regulations or prohibitions upon the sale, use and possession of fireworks within the corporate limits of any city or town, including those items de…

Enforcement; disposal of seized fireworks. Wyoming peace officers shall seize all stocks of fireworks held in violation of W.S. 35-10-201 through 35-10-208 and shall apply to the appropriate court for the disposition of the fireworks. Following a hearing determining the fireworks…

Penalties. Any person violating any provision of W.S. 35-10-201 through 35-10-208 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), or by imprisonment not exceeding sixty (60) days, or by bot…

County regulation of fireworks. (a) For the purpose of this section "fireworks" means only those items which may be sold or offered for sale under 15 U.S.C. § 1261, 21 U.S.C. § 371 and 16 C.F.R., Commercial Practices, part 1507. A board of county commissioners may, subject to sub…

General regulations. It shall be unlawful for any person or company to store any gunpowder or any other explosive material at a less distance than one thousand (1,000) feet from any house or habitation, when more than fifty (50) pounds are stored at the same place; but it shall b…

Construction of powder magazine. Hereafter, any powder magazine that may be built, shall be so constructed as to provide and maintain the storage room thereof, entirely below the natural surface of the ground adjacent; and it shall be unlawful to store such powder or explosives i…

Penalty for violation of W.S. 35-10-301; violation of W.S. 35-10-302 declared nuisance. Anyone violating the provisions of W.S. 35-10-301 shall be on conviction, fined in any sum not exceeding one hundred dollars ($100.00) for each and every offense, and may be imprisoned not exc…

Obstructing or injuring highways, streets, bridges or navigable streams generally; offensive manufactures or businesses; pollution of waters. (a) If any person, company or corporation shall obstruct or injure or cause or procure to be obstructed or injured, any public road or hig…

Entering mines, metallurgical works or sawmills while intoxicated; taking intoxicants into related structures. Whoever shall, while under the influence of intoxicating liquor, enter any mine, smelter, metallurgical works, machine shops or sawmills, or any of the buildings connect…

preservers. Boats for hire required to have life Any person who shall keep for hire boats, not equipped with life preservers for the protection of every occupant, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one hundred dollars ($100.0…

required. Life jackets for occupants of boats and rafts Each and every person who shall operate a boat, raft or other navigable vessel shall have available for each occupant on said boat a life jacket of the coast guard approved type during the time the boat, raft or vessel is af…

penalty. Life jackets for occupants of boats and rafts; Any person violating the provisions of the act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one hundred dollars ($100.00).

enforcement. Life jackets for occupants of boats and rafts; Each and every city, town, county and state law enforcement officer and the game wardens of the Wyoming game and fish commission shall enforce the provisions of this act.

Abandoned iceboxes or refrigerators. Whoever abandons or stores any refrigeration unit or icebox in such a place as to be easily accessible to children without first having made adequate provision to prevent entry into such refrigeration unit or icebox or without having removed a…

Additional authority of counties, cities and towns to regulate nuisances. (a) Nothing in this act shall be construed as to prevent any city, town or village, incorporated under the laws of this state, or the proper corporate authority thereof, from passing or enforcing any ordina…

Sale of metal beverage containers which are severable upon opening prohibited; penalty; definitions. (a) No person shall sell or offer for sale in this state any metal beverage container so designed and constructed that a nonbiodegradable part of the container is severed when the…

Short title. This act shall be known and may be cited as the "Wyoming Environmental Quality Act".

Policy and purpose. Whereas pollution of the air, water and land of this state will imperil public health and welfare, create public or private nuisances, be harmful to wildlife, fish and aquatic life, and impair domestic, agricultural, industrial, recreational and other benefici…

Definitions. (a) For the purpose of this act, unless the context otherwise requires: (i) "Department" means the department of environmental quality established by this act; (ii) "Council" means the environmental quality council established by this act; (iii) "Director" means the …

Department of environmental quality created. There is created a department within the executive branch entitled "The State Department of Environmental Quality" as provided in W.S. 9-2-2013.

Divisions enumerated. (a) The department shall consist of the following divisions: (i) Air quality division; (ii) Water quality division; (iii) Land quality division; (iv) Solid and hazardous waste management division; (v) Abandoned mine land division; (vi) Industrial siting divi…

authority. Powers, duties, functions and regulatory (a) All powers, duties, functions and regulatory authority vested in the state office of industrial siting administration are transferred to the department, as of April 1, 1992. The performance of such acts or functions by the i…

personnel. Transfer of funds, records, property and (a) All records, physical property and personnel including their rights and privileges under the merit system, retirement system and personnel system, and any appropriated or unused funds of the former state office of industrial…

Appointment of director and division administrators; qualifications of director; term; salaries; employment of assistants. The governor with the advice and consent of the senate shall appoint a director of the department who is the department's executive and administrative head. …

Powers and duties of director. (a) In addition to any other powers and duties imposed by law, the director of the department shall: (i) Perform any and all acts necessary to promulgate, administer and enforce the provisions of this act and any rules, regulations, orders, limitati…

Powers of administrators of the divisions. (a) The administrators of the air quality, land quality and water quality divisions, under the control and supervision of the director, shall enforce and administer this act and the rules, regulations and standards promulgated hereunder.…

Independent environmental quality council created; removal; terms; officers; meetings; expenses. (a) There is created as a separate operating agency of state government an independent council consisting of seven (7) members to be known as the environmental quality council. Not mo…

council. Powers and duties of the environmental quality (a) The council shall act as the hearing examiner for the department and shall hear and determine all cases or issues arising under the laws, rules, regulations, standards or orders issued or administered by the department o…

Advisory boards created; membership; removal; terms; meetings; expenses. (a) There is created within the department three (3) advisory boards, one (1) for each of the air quality, land quality and water quality divisions. Each advisory board shall consist of five (5) members appo…

Powers and duties of the advisory boards. (a) The advisory board shall recommend to the council through the administrator and director, comprehensive plans and programs for the management of solid and hazardous waste, the prevention, control and abatement of air, water and land p…

Power of director to issue emergency orders. (a) Any other provisions of law to the contrary notwithstanding, if the director finds that a condition of air, water or land pollution exists and that it creates an emergency requiring immediate action to protect human or animal healt…

restrictions. Discharge or emission of contaminants; No person shall cause, threaten or allow the discharge or emission of any air contaminant in any form so as to cause pollution which violates rules, regulations and standards adopted by the council.

Establishment of standards. (a) Without limiting the authority of the administrator as set out in W.S. 35-11-110, he shall, after consultation with the advisory board, recommend to the director such ambient air standards or emission control requirements by rule or regulation, as …

Sources subject to operating permit program. (a) The following sources of air contaminants are subject to the provisions of W.S. 35-11-203 through 35-11-212: (i) Any stationary source, or any group of stationary sources located within a contiguous area and under common control, t…

Department to establish requirements for applications; certification. (a) The department shall promulgate rules for permit applications, including standard application forms to be submitted pursuant to the operating permit program. The rules shall: (i) Establish specific criteria…

Application procedures. (a) Any source required to have a permit under W.S. 35-11-203 shall, not later than twelve (12) months after the date on which the source becomes subject to the requirements of the operating permit program or such earlier date as the department may establi…

Operating permit requirements and conditions. (a) Every permit issued under the operating permit program shall include enforceable emission limitations and standards, a schedule of compliance, a requirement that the permittee submit to the department no less often than every six …

Notification to the environmental protection agency and contiguous states. (a) The department shall transmit to the environmental protection agency: (i) A copy of each permit application and any application for a permit modification or renewal or any portion thereof including any…

Review of actions on applications. (a) An applicant may seek relief pursuant to W.S. 35-11-802 on any final action taken on a permit including the director's refusal to grant a permit under the operating permit program or failure to act on a completed application within eighteen …

Small business stationary source technical and environmental compliance assistance program. (a) The department shall act as ombudsman for small business stationary sources in connection with implementation of the operating permit program and the Clean Air Act. (b) As ombudsman th…

panel. Small business assistance program advisory (a) There is created a compliance advisory panel consisting of the following nine (9) members: (i) Two (2) members, who are not owners, or representatives of owners, of small business stationary sources, shall be appointed by the …

Fees. (a) The department shall implement a permit fee system and schedule of fees adequate to cover all reasonable direct and indirect costs of reviewing and acting upon any construction and modification permits under this article and developing, implementing and administering th…

Effect of other provisions. (a) Nothing in W.S. 35-11-203 through 35-11-212 shall be construed as affecting allowances under the allowance program and phase II compliance schedule under the acid rain provisions of title IV of the federal Clean Air Act. (b) Nothing in W.S. 35-11-2…

Restrictions on state regulations related to greenhouse gas emissions. (a) Effective March 31, 1999, neither the department nor the council shall propose or promulgate any new rule or regulation intended in whole or in part to reduce emissions as called for by the Kyoto Protocol,…