2012 Wyoming Statutes
TITLE 35 - PUBLIC HEALTH AND SAFETY
CHAPTER 11 - ENVIRONMENTAL QUALITY
ARTICLE 1 - GENERAL PROVISIONS
- 35-11-101. Short title.
- 35-11-102. Policy and purpose.
- 35-11-103. Definitions.
- 35-11-104. Department of environmental quality created.
- 35-11-105. Divisions enumerated.
- 35-11-106. Powers, duties, functions and regulatory authority.
- 35-11-107. Transfer of funds, records, property and personnel.
- 35-11-108. Appointment of director and division administrators; qualifications of director; term; salaries; employment of assistants.
- 35-11-109. Powers and duties of director.
- 35-11-110. Powers of administrators of the divisions.
- 35-11-111. Independent environmental quality council created; removal; terms; officers; meetings; expenses.
- 35-11-112. Powers and duties of the environmental quality council.
- 35-11-113. Advisory boards created; membership; removal; terms; meetings; expenses.
- 35-11-114. Powers and duties of the advisory boards.
- 35-11-115. Power of director to issue emergency orders.
ARTICLE 2 - AIR QUALITY
- 35-11-201. Discharge or emission of contaminants; restrictions.
- 35-11-202. Establishment of standards.
- 35-11-203. Sources subject to operating permit program.
- 35-11-204. Department to establish requirements for applications; certification.
- 35-11-205. Application procedures.
- 35-11-206. Operating permit requirements and conditions.
- 35-11-207. Notification to the environmental protection agency and contiguous states.
- 35-11-208. Review of actions on applications.
- 35-11-209. Small business stationary source technical and environmental compliance assistance program.
- 35-11-210. Small business assistance program advisory panel.
- 35-11-211. Fees.
- 35-11-212. Effect of other provisions.
- 35-11-213. Restrictions on state regulations related to greenhouse gas emissions.
- 35-11-214. Emission trading programs.
ARTICLE 3 - WATER QUALITY
- 35-11-301. Prohibited acts.
- 35-11-302. Administrator's authority to recommend standards, rules, regulations or permits.
- 35-11-303. Duties of the administrator of water quality division.
- 35-11-304. Administrator required to delegate certain management functions to local governmental entities.
- 35-11-305. Repealed by Laws 1985, ch. 141, 1.
- 35-11-306. Oil field waste disposal facilities; restriction.
- 35-11-307. Commercial waste treatment, storage and disposal facilities.
- 35-11-308. Short title.
- 35-11-309. Legislative policy and intent.
- 35-11-310. Notice to drain waters required; exception.
- 35-11-311. Mitigation; guidelines.
- 35-11-312. Fees.
- 35-11-313. Carbon sequestration; permit requirements.
- 35-11-314. Unitization of geologic sequestration sites; purposes; definitions.
- 35-11-315. Unitization of geologic sequestration sites; agreements; application for permit; contents.
- 35-11-316. Unitization of geologic sequestration sites; hearings on application, order; modifications.
- 35-11-317. Unitization of geologic sequestration sites; economic benefits; liens.
- 35-11-318. Geologic sequestration special revenue account.
ARTICLE 4 - LAND QUALITY
- 35-11-401. Compliance generally; exceptions.
- 35-11-402. Establishment of standards.
- 35-11-403. Powers of the administrator of land quality division.
- 35-11-404. Drill holes to be capped, sealed or plugged.
- 35-11-405. Permit defined; no mining operation without valid permit; when validity terminated.
- 35-11-406. Application for permit; generally; denial; limitations.
- 35-11-407. Water impoundments.
- 35-11-408. Permit transfer.
- 35-11-409. Permit revocation.
- 35-11-410. License to mine for minerals; application.
- 35-11-411. Annual report.
- 35-11-412. License revocation or suspension.
- 35-11-413. Special license to explore for minerals by dozing.
- 35-11-414. Special license to explore for minerals by dozing; application; standards; fee; bond; denial; appeal.
- 35-11-415. Duties of operator.
- 35-11-416. Protection of the surface owner.
- 35-11-417. Bonding provisions.
- 35-11-418. Cash or securities in lieu of bond.
- 35-11-419. Bond cancellation.
- 35-11-420. Cancellation of surety's license; substitution.
- 35-11-421. Bond forfeiture proceedings.
- 35-11-422. Forfeited bond inadequate; suit to recover reclamation costs.
- 35-11-423. Release of bonds.
- 35-11-424. Deposit of fees and forfeitures.
- 35-11-425. Designation of areas unsuitable for surface coal mining.
- 35-11-426. In situ mineral mining permits and testing licenses.
- 35-11-427. In situ mining permit; permit required; authority of land quality division exclusive.
- 35-11-428. In situ mining permit; requirements for application; contents of application.
- 35-11-429. In situ mining permit; contents of permit.
- 35-11-430. Duties of in situ mining operator; records; annual report.
- 35-11-431. Research and development license; renewal; application.
- 35-11-432. Research and development license; grounds for denial; appeal.
- 35-11-433. Research and development license; bond required; release or forfeiture; review of license.
- 35-11-434. Research and development license; notice of incomplete application; when application deemed complete.
- 35-11-435. Records to be filed on completion; abandoned drill holes.
- 35-11-436. Existing in situ mining permits.
- 35-11-437. Enforcement for surface coal mining operations.
ARTICLE 5 - SOLID WASTE MANAGEMENT
- 35-11-501. Duties of the administrator of the solid and hazardous waste management division.
- 35-11-502. Solid waste management facilities permits; term; renewals.
- 35-11-503. Authority to promulgate rules and regulations for solid waste management facilities and for the management of hazardous wastes.
- 35-11-504. Bonding for solid waste management facilities.
- 35-11-505. Existing regulations remain in effect.
- 35-11-506. Applications subject to penalty of perjury.
- 35-11-507. Repealed by Laws 1990, ch. 102, 1.
- 35-11-508. Recycling and processing requirements for commercial solid waste management facilities.
- 35-11-509. Lead acid batteries; land disposal prohibited.
- 35-11-510. Lead acid batteries; collection for recycling.
- 35-11-511. Automotive battery retailers required to post notice; penalty.
- 35-11-512. Lead acid battery wholesalers.
- 35-11-513. Penalties.
- 35-11-514. Approval of commercial solid waste management, commercial incineration and disposal facilities.
- 35-11-515. Account created for the guarantee of costs for closure and post-closure care for municipally owned or operated solid waste disposal facilities.
- 35-11-516. Regulation of hazardous waste generators and transporters.
- 35-11-517. Fees applicable to hazardous waste treatment, storage and disposal facility operators.
- 35-11-518. Prior federal court orders and administrative orders.
- 35-11-519. Hazardous waste corrective action requirements.
- 35-11-520. Termination of state regulation of hazardous waste generators and transporters; procedures.
- 35-11-521. Grants for municipal solid waste landfill monitoring.
- 35-11-522. Grant criteria; submission and review of grant applications; recommendation from water and waste advisory board; grant awards.
- 35-11-523. Annual report.
- 35-11-524. Municipal solid waste landfill assessments; priority list; monitoring.
- 35-11-525. Orphan landfill sites.
- 35-11-526. Performance based design and performance based evaluation in consideration and approval of engineered containment systems as part of municipal solid waste landfill permits.
- 35-11-527. Performance based design evaluation criteria for municipal solid waste landfill units.
ARTICLE 6 - VARIANCES
- 35-11-601. Applications; authority to grant; hearing; limitations; renewals; judicial review; emergencies.
ARTICLE 7 - COMPLAINTS
ARTICLE 8 - PERMITS
- 35-11-801. Issuance of permits and licenses.
- 35-11-802. Refusal to grant permits; applicant's rights.
- 35-11-803. Single permit for activities covered by more than one article.
ARTICLE 9 - PENALTIES
- 35-11-901. Violations of provisions; penalties.
- 35-11-902. Surface coal mining operations; violations of provisions; penalties.
- 35-11-903. Violations of provisions of act causing damage to wildlife; recoveries; causes of action.
- 35-11-904. Civil or criminal remedy.
ARTICLE 10 - JUDICIAL REVIEWS
- 35-11-1001. Judicial review; temporary relief; conditions.
- 35-11-1002. Publication of rules and regulations.
ARTICLE 11 - MISCELLANEOUS PROVISIONS
- 35-11-1101. Records available to the public; restrictions.
- 35-11-1102. Hearing unnecessary prior to issuance of emergency order.
- 35-11-1103. Property exempt from ad valorem taxation.
- 35-11-1104. Limitation of scope of provisions.
- 35-11-1105. Environmental audit privilege; exceptions; burden of proof; waiver; disclosure after in camera review; application.
- 35-11-1106. Limitation on civil penalties; voluntary reports of violations.
ARTICLE 12 - ABANDONED MINE RECLAMATION PROGRAM
- 35-11-1201. Abandoned mine reclamation program.
- 35-11-1202. State reclamation plan.
- 35-11-1203. Abandoned mine reclamation account; subsidence mitigation account.
- 35-11-1204. Right of entry.
- 35-11-1205. Land acquisition and disposal.
- 35-11-1206. Liens for reclamation on private lands.
- 35-11-1207. Miscellaneous authority.
- 35-11-1208. Mine subsidence mitigation program.
- 35-11-1209. Contract eligibility.
- 35-11-1210. Abandoned mine land funds reserve account.
ARTICLE 13 - MINE SUBSIDENCE LOSS INSURANCE
- 35-11-1301. Definitions.
- 35-11-1302. Mine subsidence loss insurance program; established; rulemaking authority.
- 35-11-1303. Applicability of Wyoming Insurance Code; exemption.
- 35-11-1304. Account created; premiums to be deposited; payment of expenses and claims.
ARTICLE 14 - STORAGE TANKS
- 35-11-1401. Repealed by Laws 1990, ch. 98, 3.
- 35-11-1402. Repealed by Laws 1990, ch. 98, 3.
- 35-11-1403. Repealed by Laws 1990, ch. 98, 3.
- 35-11-1404. Repealed by Laws 1990, ch. 98, 3.
- 35-11-1405. Repealed by Laws 1990, ch. 98, 3.
- 35-11-1406. Repealed by Laws 1990, ch. 98, 3.
- 35-11-1407. Repealed by Laws 1990, ch. 98, 3.
- 35-11-1408. Repealed by Laws 1990, ch. 98, 3.
- 35-11-1409. Repealed by Laws 1990, ch. 98, 3.
- 35-11-1410. Repealed by Laws 1990, ch. 98, 3.
- 35-11-1411. Repealed by Laws 1990, ch. 98, 3.
- 35-11-1412. Repealed by Laws 1990, ch. 98, 3.
- 35-11-1413. Repealed by Laws 1990, ch. 98, 3.
- 35-11-1414. Short title; purpose; department report.
- 35-11-1415. Definitions.
- 35-11-1416. Rules and regulations.
- 35-11-1417. Noninsurance proviso.
- 35-11-1418. Repealed By Laws 2007, Ch. 88, 3.
- 35-11-1419. Tank registration; proof of insurance.
- 35-11-1420. Tank notification required; change of owner; installation requirements; inspections.
- 35-11-1421. Reporting releases.
- 35-11-1422. Right of entry; inspection.
- 35-11-1423. Public notice; right to intervene.
- 35-11-1424. Corrective action account created; use of monies; cost recovery.
- 35-11-1425. Tank fee; deposit into corrective action account; late fee.
- 35-11-1426. Restoration standard.
- 35-11-1427. Financial responsibility account.
- 35-11-1428. Uses of financial responsibility account monies.
- 35-11-1429. Tank requirements; rulemaking authority.
- 35-11-1430. W.S. 35-11-1430(b) repealed this section effective June 30, 2009. (Laws 2007, Ch. 172, 1.)
ARTICLE 15 - RADIOACTIVE WASTE STORAGE FACILITIES
- 35-11-1501. Definitions.
- 35-11-1502. Application to site a high-level radioactive waste storage facility; requirements; payment of costs.
- 35-11-1503. Preparation of the report by the department.
- 35-11-1504. Public review of any report for the siting of a high-level radioactive waste storage facility; submission to legislature.
- 35-11-1505. Benefits agreement.
- 35-11-1506. Legislative approval of the siting of high-level radioactive waste storage facilities; conditions.
- 35-11-1507. Injunction proceedings; penalties.
ARTICLE 16 - VOLUNTARY REMEDIATION OF CONTAMINATED SITES
- 35-11-1601. Applicability; nonvoluntary remediation.
- 35-11-1602. Eligibility for voluntary remediation program; sites eligible; sites ineligible.
- 35-11-1603. Participation in the voluntary remediation program; application; time for determination.
- 35-11-1604. Public participation; notice; plan.
- 35-11-1605. Voluntary remediation standards; site-specific, 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 contaminated from source not on site; supplemental requirements.
- 35-11-1606. Preliminary remediation agreement; contents.
- 35-11-1607. Remedy agreement; prerequisite; contents; violation of agreement; changes to agreement; covenant not to sue; certificate of completion; recording; effect on orders or permits.
- 35-11-1608. No further action letters; findings; natural attenuation.
- 35-11-1609. Use control areas; when establishment required; procedure; contents of petition; notice; failure of governmental entity to act; enforcement; exception.
- 35-11-1610. Reopening or termination of remedy agreements, covenants not to sue, certificates of completion or no further action determinations; conditions; recording.
- 35-11-1611. Disputes; appeal.
- 35-11-1612. Fees; notice; appeal.
- 35-11-1613. Remediation requirements for nonvoluntary sites.
ARTICLE 17 - ORPHAN SITE REMEDIATION
ARTICLE 18 - INNOCENT OWNERS
- 35-11-1801. Definition of innocent owner.
- 35-11-1802. Immunity for innocent owners.
- 35-11-1803. Limitations.
ARTICLE 19 - INTEGRATED SOLID WASTE PLANNING
- 35-11-1901. Purpose.
- 35-11-1902. Integrated solid waste management plans.
- 35-11-1903. Recommendations for integrated solid waste management planning areas.
- 35-11-1904. Integrated solid waste management plan content; department approval.
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