reglab/housing_qa huggingface dataset:
WY Stat § 35-11-1104 (2021)
2021 Wyoming Statutes|Title 35 - Public Health and Safety|Chapter 11 - Environmental Quality|Article 11 - Miscellaneous Provisions|Section 35-11-1104 - Limitation of Scope of Provisions.

35-11-1104. Limitation of scope of provisions.| (a) 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 employers and employees with respect to or arising out of any condition of pollution;  (iii) Limits or interferes with the jurisdiction, duties or authority of the state engineer, the state board of control, the director of the Wyoming game and fish department, the state mine inspector, the oil and gas supervisor or the oil and gas conservation commission, or the occupational health and safety commission.
WY Stat § 35-11-1106 (2021)
2021 Wyoming Statutes|Title 35 - Public Health and Safety|Chapter 11 - Environmental Quality|Article 11 - Miscellaneous Provisions|Section 35-11-1106 - Limitation on Civil Penalties; Voluntary Reports of Violations.

35-11-1106. 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 date of the audit, the department shall not seek civil penalties or injunctive relief for the violation reported unless:  (i) The facility is under investigation for any violation of this act at the time the violation is reported;  (ii) The owner or operator does not take action to eliminate the violation within the time frame specified in an order affirmed by the council or otherwise made final pursuant to W.S. 35-11-701(c)(ii);  (iii) The violation is the result of gross negligence or recklessness; or  (iv) The department has assumed primacy over a federally delegated environmental law and a waiver of penalty authority would result in a state program less stringent than the federal program or the waiver would violate any federal rule or regulation required to maintain state primacy. If a federally delegated program requires the imposition of a penalty for a violation, the voluntary disclosure of the violation shall to the extent allowed under federal law or regulation, be considered a mitigating factor in determining the penalty amount.  (b) Reporting a violation is mandatory if required by this act, any departmental rule or regulation, federal law or regulation, local ordinance or resolution, any order of the council or by any court and is therefore not voluntary under this section.  (c) Notwithstanding subsection (a) of this section, injunctive relief may be sought under W.S. 35-11-115.  (d) The elimination of administrative or civil penalties under this section does not apply if a person or entity has been found by a court to have committed serious violations that constitute a pattern of continuous or repeated violations of environmental laws, rules, regulations, permit conditions, settlement agreements or orders on consent and that were due to separate and distinct events giving rise to the violations, within the three (3) year period prior to the date of the disclosure. A pattern of continuous or repeated violations may also be demonstrated by multiple settlement agreements related to substantially the same alleged violations concerning serious instances of noncompliance with environmental laws that occurred within the three (3) year period immediately prior to the date of the voluntary disclosure.
WY Stat § 35-11-1201 (2021)
2021 Wyoming Statutes|Title 35 - Public Health and Safety|Chapter 11 - Environmental Quality|Article 12 - Abandoned Mine Reclamation Program|Section 35-11-1201 - Abandoned Mine Reclamation Program.

35-11-1201. 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. 95-87 in accordance with an approved state reclamation plan and annual approved applications for implementation of specific reclamation projects.
WY Stat § 35-11-1203 (2021)
2021 Wyoming Statutes|Title 35 - Public Health and Safety|Chapter 11 - Environmental Quality|Article 12 - Abandoned Mine Reclamation Program|Section 35-11-1203 - Abandoned Mine Reclamation Account; Subsidence Mitigation Account.

35-11-1203. 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 interior and any other monies authorized to be deposited in the account. The account shall be administered in compliance with the approved plan.  (b) Revenue to the account shall include amounts granted by the secretary of the interior under Title IV of P.L. 95-87, monies received by the state for the use or sale of lands acquired with monies from the account and such other monies which may be deposited in the account for use in carrying out the state reclamation program.  (c) There is created a coal mine subsidence mitigation account. Revenue to the account shall be ten percent (10%) of the amount granted by the secretary of the interior under title IV of P.L. 95-87 as provided by P.L. 100-34. Revenue shall be deposited in an interest bearing account and all interest shall be credited to the program. No monies from the account shall be expended prior to September 30, 1995. After September 30, 1995 the money may be expended as provided in this subsection. The legislature shall authorize expenditure by appropriation from the account as necessary to defray the administrative expenses of the program. The remaining funds in the account shall only be used to address the reclamation activities described in W.S. 35-11-1202(a)(i)(A) and (B) where mine reclamation is necessary for the protection of the public health or safety, with a priority given to pay for contractual services to mitigate and control mine subsidence that threatens structures. If authorized by the United States congress, funds from the account may be used for the repair or enhancement of structures defined in W.S. 35-11-1301(a)(iii), provided that no funds from the account may be used for any structure where construction is commenced after the effective date of this act unless an engineering assessment documenting the minimal risk of loss from mine subsidence precedes commencement of construction. The liability of the state to fulfill the requirements of this subsection is limited to the amount of funds available in the account established in this subsection. The state has no obligations under this subsection except to the extent of federal funds deposited in the coal mine mitigation account and the interest thereon to operate the program.
WY Stat § 35-11-1204 (2021)
2021 Wyoming Statutes|Title 35 - Public Health and Safety|Chapter 11 - Environmental Quality|Article 12 - Abandoned Mine Reclamation Program|Section 35-11-1204 - Right of Entry.

35-11-1204. 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, control or prevent the adverse effects if the director makes a finding that:  (i) The adverse effects on land or water resources are such that, in the public interest, the action should be taken; and  (ii) The owners of the property either are not known or readily available or refuse to give permission to enter.  (b) Prior to entry, notice shall be given by mail to the owners, if known, or if not known, by posting notice upon the premises and advertising once in a newspaper of general circulation in the locality of the land.  (c) Monies expended for work on or to the premises and the benefits accruing to any premises entered upon shall be chargeable against the land and shall mitigate or offset any claim of or any action brought by any owner of any interest in the premises for any alleged damages by virtue of the entry. However, this provision is not intended to create new rights of action or eliminate existing immunities.  (d) The director, administrator of the abandoned mine land division, or their designated authorized representatives shall have the right to enter upon any property for the purpose of conducting exploratory work to determine the feasibility to restore, reclaim, abate, control or prevent the adverse effects.  (e) Any entry under this section shall be construed as an exercise of the state's police power and shall not be construed as an act of condemnation or trespass.
WY Stat § 35-11-1205 (2021)
2021 Wyoming Statutes|Title 35 - Public Health and Safety|Chapter 11 - Environmental Quality|Article 12 - Abandoned Mine Reclamation Program|Section 35-11-1205 - Land Acquisition and Disposal.

35-11-1205. 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 reclamation and that:  (i) The acquired land, after restoration, reclamation, abatement, control or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes or provide open space benefits; and  (ii) Permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control or prevention of the adverse effects of past coal mining practices; or  (iii) Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this article or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices.  (b) Title to all lands acquired pursuant to this section shall be in the name of the state. The price paid for land acquired under this section shall reflect the market value of the land as adversely affected by past coal mining practices.  (c) Where land acquired pursuant to this section is deemed to be suitable for industrial, commercial, residential or recreational development, the director, with the approval of the governor and the secretary of the interior, may sell the land for at least fair market value by public sale under a system of competitive bidding.  (d) The director, when requested after appropriate public notice, shall hold a public hearing, with appropriate notice, in the county or counties in which lands acquired pursuant to this section are located in order to afford all persons an opportunity to participate in the decision concerning the use or disposition of the lands after restoration, reclamation, abatement, control or prevention of the adverse effects of past coal mining practices.
WY Stat § 35-11-1206 (2021)
2021 Wyoming Statutes|Title 35 - Public Health and Safety|Chapter 11 - Environmental Quality|Article 12 - Abandoned Mine Reclamation Program|Section 35-11-1206 - Liens for Reclamation on Private Lands.

35-11-1206. 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 may file a lien against the property with the appropriate county clerk. If the monies expended result in a significant increase in property value, a notarized appraisal by an independent appraiser shall be filed with the lien. The lien shall be the amount determined by the appraisal to be the increase in the fair market value of the land as a result of the restoration, reclamation, abatement, control or prevention of the adverse effects of past coal or mineral mining practices. No lien shall be filed under this section against the property of any person who neither consented to, participated in, nor exercised control over the mining operation which necessitated the reclamation project.  (b) The landowner may petition the district court for the district in which the majority of the land is located within sixty (60) days of the filing of the lien to determine the increase in the fair market value of the land. The amount reported to be the increase in value of the premises shall constitute the amount of the lien and shall be recorded with the lien.  (c) The lien provided in this section shall constitute a lien upon the land as of the date of the expenditure of the monies and shall have priority as a lien second only to the lien of real estate taxes imposed upon the land.
WY Stat § 35-11-1207 (2021)
2021 Wyoming Statutes|Title 35 - Public Health and Safety|Chapter 11 - Environmental Quality|Article 12 - Abandoned Mine Reclamation Program|Section 35-11-1207 - Miscellaneous Authority.

35-11-1207. 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 facilities appurtenant to the plant for the control and treatment of water pollution resulting from mine drainage.  (c) The governor may transfer funds to other appropriate state or federal agencies in order to carry out the reclamation activities authorized by this article.
WY Stat § 35-11-1208 (2021)
2021 Wyoming Statutes|Title 35 - Public Health and Safety|Chapter 11 - Environmental Quality|Article 12 - Abandoned Mine Reclamation Program|Section 35-11-1208 - Mine Subsidence Mitigation Program.

35-11-1208. 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 the mine subsidence loss insurance program of W.S. 35-11-1301 through 35-11-1304. The program shall provide for backfilling of mine voids and stabilization of the land where evidence supports imminent or continuous threat to structures defined in W.S. 35-11-1301(a)(iii) if the threat is due to coal mine subsidence as defined in W.S. 35-11-1301(a)(ii).
WY Stat § 35-11-1209 (2021)
2021 Wyoming Statutes|Title 35 - Public Health and Safety|Chapter 11 - Environmental Quality|Article 12 - Abandoned Mine Reclamation Program|Section 35-11-1209 - Contract Eligibility.

35-11-1209. 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 abandoned mine reclamation fee;  (ii) Federal or state failure-to-abate cessation order;  (iii) Unabated federal or state imminent harm cessation order;  (iv) Delinquent civil penalty issued under the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87;  (v) Bond forfeiture if the violation upon which the forfeiture was based has not been corrected;  (vi) Unabated violation of federal or state law, rule or regulation pertaining to air or water environmental protection incurred in connection with any surface coal mining operation;  (vii) Unresolved notice of violation.  (b) As used in this section "ownership or controlling interest" means as defined in Title 30 of the Code of Federal Regulations part 773.5, as amended.
WY Stat § 35-11-1210 (2021)
2021 Wyoming Statutes|Title 35 - Public Health and Safety|Chapter 11 - Environmental Quality|Article 12 - Abandoned Mine Reclamation Program|Section 35-11-1210 - Abandoned Mine Land Funds Reserve Account.

35-11-1210. Abandoned mine land funds reserve account.| (a) There is created the abandoned mine land funds reserve account.  (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, shall be deposited into the abandoned mine land funds reserve account.  (c) All funds and all interest generated on the funds, shall remain in the abandoned mine land funds reserve account until appropriated by the legislature.  (d) The funds under subsection (b) of this section are separate from and in addition to the funds distributed to Wyoming for the abandoned mine land program under W.S. 35-11-1201 through 35-11-1209.  (e) There is created the abandoned mine land funds balancing account. Notwithstanding other provisions of this section, the legislature may deposit into the balancing account and appropriate therefrom funds as it determines appropriate to substitute for or supplement abandoned mine land funds received from the federal government, from the Surface Mining Control and Reclamation Act Amendments of 2006, Section 411(h)(1).
WY Stat § 35-11-1301 (2021)
2021 Wyoming Statutes|Title 35 - Public Health and Safety|Chapter 11 - Environmental Quality|Article 13 - Mine Subsidence Loss Insurance|Section 35-11-1301 - Definitions.

35-11-1301. Definitions.| (a) 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 therefrom, of structures from collapse of man-made underground mines or from collapse of underground cavities resulting from burned coal seams but excludes loss caused by underground water, soil expansion, earthquake, landslide, volcanic eruption or collapse of storm or sewer drains or underground pipelines;  (iii) "Structure" means any dwelling, building or fixture, publicly or privately owned, permanently affixed to realty but excludes land, trees, plants and crops;  (iv) "This act" means W.S. 35-11-1301 through 35-11-1304.
WY Stat § 35-11-1302 (2021)
2021 Wyoming Statutes|Title 35 - Public Health and Safety|Chapter 11 - Environmental Quality|Article 13 - Mine Subsidence Loss Insurance|Section 35-11-1302 - Mine Subsidence Loss Insurance Program; Established; Rulemaking Authority.

35-11-1302. 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 quality through the administrator who shall contract for all services related to advertising, sales of the coverage and claims adjustment and may contract for other services necessary to the efficient operation of the program. The program shall cover all structures insured under this act for mine subsidence damage occurring after the effective date of the coverage, consistent with the contract terms and conditions. The program shall also cover structures which have been damaged before the effective date of this act, provided that:  (i) Damage to the structures was caused by subsidence of mine voids in the number one and seven coal seams in Rock Springs, Wyoming;  (ii) Claims made to the administrator documenting that initial subsidence damage was suffered on or about the dates of August 15, August 21, September 4 or September 10, 1985;  (iii) The property owner has made application for coverage under this act, paid the premium required by the administrator and paid an enrollment fee of one hundred dollars ($100.00);  (iv) The property owner executes and delivers instruments and papers and does whatever else is necessary to secure rights in the state to be subrogated to all the owner's right of recovery against any person, entity or organization for the damage and loss covered under this act; and  (v) Claims for damages and loss covered under this act and filed under the Wyoming Governmental Claims Act are withdrawn.  (b) The governor may promulgate rules and regulations necessary to establish and operate a mine subsidence loss insurance program under this act, including but not limited to:  (i) Contract terms and conditions;  (ii) Deductibles;  (iii) Coverage limits;  (iv) Claims adjustment procedures;  (v) Premium rates and enrollment fees sufficient to:  (A) Cover administrative expenses of the program including service contracts;  (B) Satisfy anticipated claims from mine subsidence loss;  (C) Establish a surplus to cover catastrophic hazard and to ensure solvency.  (vi) Designation of structures or areas for which coverage shall not be available;  (vii) Inspection of structures prior to issuing insurance coverage;  (viii) Rules or regulations necessary to enable the state to qualify for federal grants for state mine subsidence loss insurance programs.  (c) The governor may accept grants from any source to aid in establishing or operating the program under this act.
WY Stat § 35-11-1303 (2021)
2021 Wyoming Statutes|Title 35 - Public Health and Safety|Chapter 11 - Environmental Quality|Article 13 - Mine Subsidence Loss Insurance|Section 35-11-1303 - Applicability of Wyoming Insurance Code; Exemption.

35-11-1303. Applicability of Wyoming Insurance Code; exemption.| (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 and 8 of the Wyoming Insurance Code;  (ii) Any person who contracts with the state to transact insurance under this act is subject to the Wyoming Insurance Code as if the state were an insurer with a certificate of authority to transact the insurance in this state.
WY Stat § 35-11-1304 (2021)
2021 Wyoming Statutes|Title 35 - Public Health and Safety|Chapter 11 - Environmental Quality|Article 13 - Mine Subsidence Loss Insurance|Section 35-11-1304 - Account Created; Premiums to Be Deposited; Payment of Expenses and Claims.

35-11-1304. 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 authorize expenditures by appropriation from the account as necessary to defray the administrative expenses of the program but not claims for losses under policies. The remaining funds in the account shall be used and are appropriated to pay claims for losses under insurance policies under this act.
WY Stat § 35-11-1414 (2021)
2021 Wyoming Statutes|Title 35 - Public Health and Safety|Chapter 11 - Environmental Quality|Article 14 - Storage Tanks|Section 35-11-1414 - Short Title; Purpose; Department Report.

35-11-1414. 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 aboveground storage tanks. The purpose of this article is to take primacy of the underground storage tank program and to provide funding to take corrective actions at sites contaminated by underground storage tanks and aboveground storage tanks.  (c) The legislature also recognizes that owners and operators cannot take corrective action without placing their businesses' existence in financial jeopardy. The legislature finds that, because Wyoming is a large rural state, it is in the public interest to take corrective action at contaminated sites so that fuel will continue to be readily available throughout Wyoming.  (d) The department shall prepare an annual report for the legislature identifying the actions taken and monies expended pursuant to this article.