reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 14 - Storage Tanks › Section 35-11-1420 - Tank Notification Required; Change of Owner; Installation Requirements; Inspections.

35-11-1420. Tank notification required; change of owner; installation requirements; inspections.
(a) In the event of the transfer of any tank to a different owner, notification of the transfer shall be provided to the department by the new and former owners. Such notifications shall be made on forms developed and provided by the department and shall include:
(i) The name, address and telephone number of the former and new tank owner;
(ii) The name, address and telephone number of the former and new tank operator;
(iii) A description of the location of the facility where the tank is maintained or operated and the location of the tank at that facility; and
(iv) Proof of insurance or other types of financial assurance by the new or former owner as applicable.
(b) No person shall install or substantially modify, or cause to be installed or substantially modified, any new or replacement tank without thirty (30) days prior notification to the department. Upon completion of the installation or modification the owner shall notify the department and the department shall within ten (10) days of receiving notification of completion, inspect the site or have the site inspected by a qualified state, local government or private inspector. No tank shall be operated until the department determines the installation or modification meets the applicable standards and the department has issued a written inspection letter to the tank owner stating that the facility, as constructed or modified, meets state standards, except that if the department has not inspected the tank within fifteen (15) days after receiving notice of completion, the tank may be operated without written notification of the department until the tank is inspected.
(c) The department shall collect an installation or modification fee of five hundred dollars ($500.00) for each tank or for all multiple tanks installed or modified at the same time and at the same site. The fees collected under this subsection shall be deposited in the general fund.
(d) If an owner or operator is unable to comply with subsection (b) of this section because of an emergency, he shall inform the department as soon as possible after the emergency is known. The owner or operator shall provide the information on the installation or modifications as required by this section without delay thereafter but within five (5) working days from the time the department is informed of the emergency.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 14 - Storage Tanks › Section 35-11-1422 - Right of Entry; Inspection.

35-11-1422. Right of entry; inspection.
(a) When requested by an authorized agent of the state the owner or operator shall:
(i) Provide information to determine compliance with the statutes and rules and regulations;
(ii) Provide access to any site or premises where a tank is located or where any records relevant to the operation of a tank are kept;
(iii) Provide copies of any records relevant to the operation of a tank;
(iv) Allow the authorized agent to obtain samples of the regulated substances;
(v) Allow the authorized agent to inspect or conduct the monitoring or testing of the tank system; and
(vi) Allow the authorized agent entry on the premises to do assessments and corrective actions.
(b) A duplicate sample taken by or for the state for testing shall be provided to the tank owner if requested by the owner. A duplicate copy of the analytical report from the department pertaining to the samples taken shall be provided as soon as practicable to the tank owner.
(c) No person conducting an inspection under this section shall unreasonably interfere with the operations, business or work, of any person at the site being inspected. The tank owner or operator shall be given the opportunity to accompany any person making an inspection.
(d) In carrying out a corrective action the department has the right to construct and maintain any structure, monitor well, recovery system or any other reasonable and necessary item associated with taking corrective action.
(e) The department shall give a minimum of seven (7) working days notice prior to an investigation unless an emergency exists.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 14 - Storage Tanks › Section 35-11-1423 - Public Notice; Right to Intervene.

35-11-1423. Public notice; right to intervene.
(a) The department shall notify the affected public of all confirmed releases requiring a plan for soil and groundwater remediation, and upon request, provide or make available to the interested public information concerning the nature of the release and the corrective actions planned or taken.
(b) Any person having an interest that is or may be adversely affected may intervene as a matter of right in any civil action for remedies specified in this act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 14 - Storage Tanks › Section 35-11-1425 - Tank Fee; Deposit Into Corrective Action Account; Late Fee.

35-11-1425. 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 of each year the department may assess a late payment fee of one hundred dollars ($100.00) per tank or contaminated site against any owner who has not paid the annual fee required pursuant to subsection (a) of this section or W.S. 35-11-1424(e). This late fee shall be paid by the owner and shall be in addition to the annual fee required pursuant to subsection (a) of this section or W.S. 35-11-1424(e) and shall be deposited in the department's corrective action account.
(c) The change from July 1 to January 1 for the due date of storage tank fees shall be revenue neutral. The department shall collect one-half (1/2) of the annual fee on July 1, 2007 and shall collect the full annual fee on January 1, 2008 and annually thereafter.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 14 - Storage Tanks › Section 35-11-1427 - Financial Responsibility Account.

35-11-1427. 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 for aboveground storage tanks and shall be for the purpose of compensating third parties for damage caused by releases from one (1) or more tanks. Interest earned by the account shall be deposited in the general fund.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 14 - Storage Tanks › Section 35-11-1429 - Tank Requirements; Rulemaking Authority.

35-11-1429. 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 per month of a regulated substance shall be replaced with double wall tanks and lines with interstitial leak monitoring no later than June 30, 2012, or thirty (30) years from the date of installation of the underground storage tank, whichever is later.
(c) Double wall underground storage tanks and lines with interstitial leak monitoring shall be installed whenever any underground storage tank is installed.
(d) Double wall underground storage tank system lines with interstitial leak monitoring shall be installed whenever any line is installed on any underground storage tank system. Except piping connected to field-constructed underground storage tank systems with a capacity exceeding fifty thousand (50,000) gallons or piping that is used for an airport hydrant system, if existing single wall underground piping connected to an underground storage tank system fails due to corrosion or fails and has been recalled by the manufacturer, the entire run of single wall piping shall be replaced with double wall piping with interstitial monitoring regardless of the length of piping requiring repair.
(e) The council may promulgate rules and regulations to administer this section after recommendation from the director.
(f) A double wall and interstitially monitored underground storage tank or underground piping installed after December 1, 2005, shall be interstitially monitored for the lifetime of the tank or piping.
(g) Except essential homeland security systems, emergency generator systems and systems used for other disaster relief efforts, if a new piping interstitial monitoring system is installed and sump sensors are used as standalone automatic leak detectors, the system shall be configured to shut off the flow of product in that piping run when a sump sensor triggers an alarm.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 14 - Storage Tanks › Section 35-11-1431 - Tank System Operators, Installers and Testers Licensing; Rulemaking Authority.

35-11-1431. 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 system operators, installers and testers. At minimum, those rules and regulations shall:
(i) Prescribe licensure requirements for any person installing, modifying or testing an underground or aboveground storage tank;
(ii) Prescribe class A and B operator licensure requirements which shall include passing a department approved exam;
(iii) Prescribe training requirements for class C operators;
(iv) Require at least one (1) person present on the job site to be licensed by the department to install or modify a tank system.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 14 - Storage Tanks › Section 35-11-1432 - Temporarily Out of Use Tanks; Rulemaking.

35-11-1432. 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 later than twelve (12) months after the date on which the tank is placed in temporarily out of use status or July 1, 2018, whichever is later, unless a time extension is authorized in writing by the department.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 15 - Radioactive Waste Storage Facilities › Section 35-11-1501 - Definitions.

35-11-1501. Definitions.
(a) 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 spent nuclear fuel regardless of the intent to recover that waste or fuel for subsequent use, processing or disposal;
(iii) "High-level radioactive waste storage facility" includes any facility for high-level radioactive waste storage, other than a permanent repository operated by a federal agency pursuant to the Nuclear Waste Policy Act of 1982, as amended. "High-level radioactive waste storage facility" includes an independent spent fuel storage installation as defined in title 10 of the Code of Federal Regulations part 72 section 3;
(iv) "Spent nuclear fuel" means as defined in the Nuclear Waste Policy Act of 1982 as amended, 42 U.S.C. 10101 et seq.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 15 - Radioactive Waste Storage Facilities › Section 35-11-1503 - Preparation of the Report by the Department.

35-11-1503. 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, social and economic impacts of any proposal to site a high-level radioactive waste storage facility within the state. The director may determine that more than twenty-one (21) months is required to complete the report. If the director makes this determination, the director shall extend the deadline as appropriate and notify the applicant and the legislature of the additional time required. The director may employ experts, contract with state or federal agencies, or obtain any other services through contractual or other means to prepare the report.
(b) Any report prepared under this section shall evaluate and assess all probable impacts associated with any proposal to site a high-level radioactive waste storage facility within the state, including but not limited to short term impacts and any other impacts which may be serious, reversible or irreversible. In developing the report under this section, the director may consider the guidelines and standards for preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4332(2)(C). If appropriate and to the extent practicable, the department shall prepare a joint report with the nuclear regulatory commission under the National Environmental Policy Act.
(c) The report shall evaluate the environmental, social and economic impacts to the state from a range of alternative actions, including the siting of the high-level radioactive waste storage facility as proposed, the no action alternative and other alternatives.
(d) The report shall include a proposed benefits agreement, which shall be negotiated with the person who proposes to site the high-level radioactive waste storage facility.
(e) The director shall, in the preparation of the report, identify a recommended action from among the alternatives evaluated.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 15 - Radioactive Waste Storage Facilities › Section 35-11-1504 - Public Review of Any Report for the Siting of a High-Level Radioactive Waste Storage Facility; Submission to Legislature.

35-11-1504. 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 opportunity to review the report and provide comments to the director. The director shall hold public hearings in the county or counties where the proposed storage facility will be located and throughout the state, to the extent practicable, to receive comments on the report.
(b) Following any public review of the report as provided in this section, but in no event before the United States department of energy issues a final environmental impact statement in accordance with the law along with a license application for a permanent repository for high-level radioactive waste, the director shall submit the report to the legislature. The submission by the director shall include:
(i) The report;
(ii) The director's preferred or recommended alternative;
(iii) Any conditions proposed by the director regarding siting, construction, operation, monitoring, decontamination or decommissioning, or any other element of the proposed project that the director determines to be necessary to protect the public health or environment of the state, or to mitigate local or statewide social or economic impacts;
(iv) The proposed benefits agreement, including but not limited to:
(A) The number of jobs that will be created in planning, permitting, licensing, site analysis and preparation, purchasing, construction, transportation, operation and decommissioning;
(B) Local and state taxes generated by all aspects of the project;
(C) Benefits from job training, education, communication systems, monitoring and security systems;
(D) Mitigation payments to the affected communities;
(E) Cash and other in kind benefits that will offset any adverse effects;
(F) The duration of benefits from the project of all kinds.
(v) A summary of and a discussion of the considerations given by the department to any public comments received.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 15 - Radioactive Waste Storage Facilities › Section 35-11-1505 - Benefits Agreement.

35-11-1505. 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 specifically to the local area hosting the storage facility. The benefits agreement shall be attached to and made part of any permit for the facility. Failure to adhere to the benefits agreement shall be considered grounds for enforcement up to and including permit termination. No benefits agreement as provided in this section shall limit or waive any rights afforded to the state by the Nuclear Waste Policy Act, as of March 1, 1995, including any right to disapprove any site or siting.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 15 - Radioactive Waste Storage Facilities › Section 35-11-1507 - Injunction Proceedings; Penalties.

35-11-1507. 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 engaging or continuing to engage in the activity. Upon a showing that the person has engaged, or is about to engage in the activity, the court may grant a permanent or temporary injunction, restraining order or other order.
(b) In addition to being subject to injunctive relief any person convicted of violating any provision of this article may be imprisoned for up to one (1) year, fined up to ten thousand dollars ($10,000.00), or both.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 16 - Voluntary Remediation of Contaminated Sites › Section 35-11-1601 - Applicability; Nonvoluntary Remediation.

35-11-1601. 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 with the policy and purpose of this act, this article shall provide incentive to remediate eligible sites and establish criteria for application of site-specific, risk-based remediation. All voluntary remediation requirements for eligible sites shall be performed in accordance with this article and shall be contained in a remedy agreement issued under W.S. 35-11-1607. Except as provided in subsection (d) of this section, no additional remediation requirements may be imposed by the department under this act for remediation of any site subject to a remedy agreement issued under W.S. 35-11-1607, unless the remedy agreement has been reopened or terminated under W.S. 35-11-1610. Nothing in this subsection shall prohibit the imposition of remediation requirements to address the release of a contaminant which may occur after a remedy agreement has been entered into or a no further action letter has been issued. Remediation authorized by the department under this article shall not be deemed a prohibited act under this act, or of any rules or regulations promulgated thereunder.
(b) Remediation is not voluntary under this article if it is required:
(i) By order of the department, council or by any court and entered without the consent of a person; or
(ii) By order of the department, council or by any court and entered without the consent of a person who has failed or refused to enter into, or breached the terms of, a preliminary remediation agreement, remedy agreement or reopened remedy agreement; or
(iii) By administrative or judicial order to which the United States environmental protection agency is a party, which is issued after the effective date of this act, on a site that has been determined not to be eligible under W.S. 35-11-1603.
(c) Sites that are not eligible for voluntary remediation are subject to all other applicable requirements of this act, including the provisions of W.S. 35-11-1613.
(d) Nothing herein shall relieve owners or operators of eligible sites from applicable permit requirements under this act or limit the director's ability to undertake enforcement action relating to a complaint under article 7 of this act and impose a penalty for violation of the act under article 9 of this act.
(e) Nothing in this article shall limit the director's authority to order any person to abate any condition that poses an imminent or substantial endangerment to human health or the environment, or the director's authority to issue emergency orders under W.S. 35-11-115.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 16 - Voluntary Remediation of Contaminated Sites › Section 35-11-1602 - Eligibility for Voluntary Remediation Program; Sites Eligible; Sites Ineligible.

35-11-1602. 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 portion of site, where the release occurred was not subject to the permit requirements of this act at the time of the release; or
(B) The site is covered by an order of the department, council or by any court and entered with the consent of the person or entity.
(ii) Sites, or portions of sites, where releases occurred on or after the effective date of this article and where the owner or operator is implementing a pollution prevention plan consistent with rules promulgated under this act;
(iii) Waste management or disposal units that have been permitted under this act and the director determines that the release from the permitted unit, if restricted or prohibited by the permit, cannot be remediated in accord with the permit requirements because of technical impracticability.
(b) Eligible sites shall not include:
(i) A site for which remediation is not voluntary under W.S. 35-11-1601(b);
(ii) A site that is listed on the National Priorities List of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-9675;
(iii) A commercial solid waste management facility, commercial waste incineration or disposal facility subject to W.S. 35-11-514;
(iv) Underground and aboveground storage tanks subject to article 14 of this act;
(v) Radioactive waste storage facilities subject to article 15 of this act;
(vi) Abandoned mine land sites subject to article 12 of this act; or
(vii) Any site where a release resulted from continuous or repeated violations of any law, rule, regulation or order under this act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 16 - Voluntary Remediation of Contaminated Sites › Section 35-11-1603 - Participation in the Voluntary Remediation Program; Application; Time for Determination.

35-11-1603. 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 application shall also describe the site-specific conditions which the applicant believes satisfy one (1) or more of the eligibility criteria of W.S. 35-11-1602. No later than forty-five (45) days after receipt of the application, the department shall give written notice to the applicant containing the department's determination of the site eligibility for participation in the voluntary remediation program.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 16 - Voluntary Remediation of Contaminated Sites › Section 35-11-1606 - Preliminary Remediation Agreement; Contents.

35-11-1606. 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 characterization that is adequate and appropriate to support selection of a permanent or long term protective remedy for the site and adjacent property to meet the standards in W.S. 35-11-1605, and a work plan, schedule and statement of any criteria the department intends to use to evaluate work plans and reports.
(b) For any site that is determined by the director to have the potential for significant contamination, be located in an area where human exposures to contaminants are likely, or require evaluation of remedial alternatives as a condition for the state to maintain primacy in any federal program, the director shall require the site characterization plan within the preliminary remediation agreement under this section to include a description of alternative remedial actions to be evaluated and a plan for the collection of any data and site information needed to evaluate those alternative remedial actions. Not all potential remedies must be evaluated for a site. The director and the owner may enter into a single agreement containing both characterization and alternative remedial action evaluation plans, or may enter into an alternative remedial action evaluation agreement following completion of site characterization.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 16 - Voluntary Remediation of Contaminated Sites › Section 35-11-1608 - No Further Action Letters; Findings; Natural Attenuation.

35-11-1608. No further action letters; findings; natural attenuation.
(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 termination as provided in W.S. 35-11-1610. The department may only issue a no further action letter upon a finding by the department that the site does not require engineering or institutional controls or use restrictions to meet the standards specified in W.S. 35-11-1605(a)(ii).
(b) When the department has determined that monitored natural attenuation over a reasonable period of time is appropriate and that no exposure to contaminated media is reasonably expected during the period of natural attenuation, the department shall, upon request, provide the owner or prospective purchaser a no further action letter. The no further action letter may require that the current use of the property continue during the period of natural attenuation and also may require that testing be conducted to confirm that standards are met.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 16 - Voluntary Remediation of Contaminated Sites › Section 35-11-1610 - Reopening or Termination of Remedy Agreements, Covenants Not to Sue, Certificates of Completion or No Further Action Determinations; Conditions; Recording.

35-11-1610. 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 current owner fails substantially to comply with the terms and conditions of the remedy agreement, covenant not to sue or certificate of completion;
(ii) An imminent and substantial endangerment to human health or the environment is discovered;
(iii) Contamination is discovered that was present on the site but was not known to the owner or the department on the date of the remedy agreement or when the department issued a covenant not to sue or certificate of completion; or
(iv) The remedy fails to meet the remediation objectives that are contained in the remedy agreement or certificate of completion.
(b) The department may reopen a no further action determination at any time if:
(i) An imminent and substantial endangerment to human health or the environment is discovered; or
(ii) The department determines that the monitored natural attenuation remedy under W.S. 35-11-1608(b) is not effective in meeting the standards for a no further action letter under this section.
(c) The department may terminate a remedy agreement, covenant not to sue, certificate of completion or no further action letter if it is discovered that any of these instruments were based on fraud, material misrepresentation or failure to disclose material information, or if an owner's willful violation of any use restriction results in harmful exposures of any toxic contaminant to any user or occupant of the site.
(d) If a remedy agreement, covenant not to sue, certificate of completion or no further action letter is reopened or terminated, the department shall record a notice of such action in the office of the county clerk with the deed for the site and shall file the notice in the office of the county clerk no later than ten (10) business days after the date of the remedy agreement, covenant not to sue, certificate of completion or no further action letter is reopened or terminated.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 16 - Voluntary Remediation of Contaminated Sites › Section 35-11-1611 - Disputes; Appeal.

35-11-1611. 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.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 16 - Voluntary Remediation of Contaminated Sites › Section 35-11-1612 - Fees; Notice; Appeal.

35-11-1612. 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 reasonable direct and indirect costs of the department's participation in any activity authorized by this article. The department shall give written notice of the amount of the fee assessment. The owner of the eligible site may appeal the assessment to the council within forty-five (45) days of receipt.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 16 - Voluntary Remediation of Contaminated Sites › Section 35-11-1613 - Remediation Requirements for Nonvoluntary Sites.

35-11-1613. Remediation requirements for nonvoluntary sites.
(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 contaminated soil and water to background contaminant levels;
(ii) Return contaminated soil to contaminant levels that are safe for any potential future use of the site;
(iii) Return contaminated groundwater to contaminant levels that ensure that the class of use of groundwater prior to the release is restored, or if not technically practicable, employs the best available groundwater remediation technology. No liability release shall be provided to the owner until the owner demonstrates that groundwater standards have been met;
(iv) Remove all continuing sources of soil or water contamination; and
(v) Eliminate to the extent practical any continuing risk to any ecological receptor present at or near the site.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 18 - Innocent Owners › Section 35-11-1801 - Definition of Innocent Owner.

35-11-1801. 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 from a source not located on or at the real property;
(ii) An owner of real property who can show with respect to the property that the owner has no liability for contamination under section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9607(a), because the owner can show a defense as provided in section 107(b) of that act (42 U.S.C. 9607(b));
(iii) An owner of real property who at the time of becoming the owner of the property did not know or should not have reasonably known about the presence of contamination on the property;
(iv) A lender or fiduciary who owns or holds a security interest in land, unless the lender or fiduciary participated in the management of a site at the time that the owner or operator thereof caused a release or migration of contaminants;
(v) A unit of state or local government which acquired ownership or control through bankruptcy, tax delinquency, abandonment or other circumstances in which the government acquires title by virtue of its function as sovereign, unless the state or local government contributed to the contamination;
(vi) A bona fide prospective purchaser; or
(vii) A surface owner if the source of the contamination was a pipeline running under or across the land of the surface owner and the surface owner was not involved in the installation, operation or maintenance of the pipeline.
(b) No person who owns or operates lands or facilities subject to permitting or corrective action requirements of the hazardous waste rules and regulations promulgated under W.S. 35-11-503(d) shall be considered an innocent owner, nor shall any hazardous waste generator who may be subject to corrective action requirements of such rules and regulations be considered an innocent owner.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 18 - Innocent Owners › Section 35-11-1802 - Immunity for Innocent Owners.

35-11-1802. 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) To be eligible for immunity under this act, a person shall:
(i) Grant to the department or to a person designated by the department, reasonable access to the land for purposes of investigation, monitoring or remediation;
(ii) Comply with any requirements established by the department that are necessary to maintain state authorization to implement federal regulatory programs;
(iii) Not use the real property in a manner that causes exposure of the public to harmful environmental conditions; and
(iv) Comply with any engineering or institutional controls applicable to the real property.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 18 - Innocent Owners › Section 35-11-1803 - Limitations.

35-11-1803. 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 innocent owner who undertakes a cleanup of his property must comply with all applicable provisions of this act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 19 - Integrated Solid Waste Planning › Section 35-11-1902 - Integrated Solid Waste Management Plans.

35-11-1902. 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 waste management plan.
(b) Integrated solid waste management plans shall be completed and submitted to the department by July 1, 2009, and shall be reviewed, revised as necessary and resubmitted to the department every ten (10) years thereafter.
(c) For the purposes of this article, the local governmental entity responsible for preparing an integrated solid waste management plan shall be the permitted operator of the solid waste disposal facility serving the planning area provided, however, that for any planning area where the permitted operator is a nongovernmental entity, the local government entity responsible for preparing a plan under this subsection shall be the county. Upon mutual written agreement, a local governmental entity may prepare an integrated solid waste management plan for another local governmental entity.
(d) The planning requirements of subsections (a) and (b) of this section shall be contingent upon the legislature making at least one million three hundred thousand dollars ($1,300,000.00) available to the department for grants to assist local governmental entities in the preparation of integrated solid waste management plans.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 19 - Integrated Solid Waste Planning › Section 35-11-1903 - Recommendations for Integrated Solid Waste Management Planning Areas.

35-11-1903. 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 plans may be prepared by local governmental entities. The identification of planning areas shall be considered guidance to local governmental entities. Local governmental entities shall not be required to adhere to any planning area boundaries identified by the department.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 19 - Integrated Solid Waste Planning › Section 35-11-1904 - Integrated Solid Waste Management Plan Content; Department Approval.

35-11-1904. 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 waste management plan and the names of all local governmental entities participating in the plan, including a copy of each governing body s resolution adopting the plan;
(ii) An evaluation of current and projected volumes for all major waste types within the planning area, including a discussion of expected population growth and development patterns;
(iii) An evaluation of reasonable alternate solid waste management services, a description of the selected procedures, facilities and systems for solid waste collection, transfer, treatment, storage and information about how the procedures, facilities and systems are to be funded;
(iv) A discussion of how the plan shall be implemented, including public participation, public education and information strategies which may include, but are not limited to, citizen advisory committees and public meetings during the preparation, maintenance and implementation of the plan;
(v) Objectives for solid waste management within the jurisdiction, including but not limited to:
(A) Waste diversion, reduction, reuse, recycling or composting;
(B) Waste collection and transportation;
(C) Improving and maintaining waste management systems;
(D) Household hazardous waste management; and
(E) Special waste management.
(vi) An economic analysis of the total cost of alternatives and final systems selected by the participating local governmental entities to achieve the plan s objectives, including capital and operating costs; and
(vii) Elements including:
(A) Strategies to meet each identified objective;
(B) A schedule for implementation; and
(C) Any financial or other incentives offered to residents to encourage participation in local recycling programs.
(b) Each plan shall be submitted for public review prior to submission to the department. The plan submission shall include a statement describing public comments received and how the public comments were addressed. The department shall review each plan for completeness. If the department determines that the plan is not complete, the department shall provide a written statement identifying the elements of subsection (a) of this section which are not included in the plan. Upon addressing the incomplete elements, a local governmental entity may resubmit the plan for subsequent review by the department.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 20 - Nuclear Regulatory Agreement › Section 35-11-2002 - Authority of Department to Enforce Article; Rulemaking.

35-11-2002. 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 byproduct material or (2) source material recovered from any mineral resources processed primarily for purposes other than obtaining the source material content without having been granted a license therefore from the department or the nuclear regulatory commission. The department is authorized to regulate and penalize any unlicensed activities involving (1) source material involved in uranium or thorium recovery or milling and the associated byproduct material or (2) source material recovered from any mineral resources processed primarily for purposes other than obtaining the source material content.
(b) The council, upon recommendation from the director, is authorized to promulgate rules and regulations necessary to effectuate the purpose of this article.
(c) To the extent it is not inconsistent with the provisions of this article, article 4 of this chapter shall apply to all licenses issued and actions taken under this article.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 20 - Nuclear Regulatory Agreement › Section 35-11-2004 - License Conditions; Termination of Licenses.

35-11-2004. 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 monitoring before the termination of the license.
(b) Prior to terminating any license the administrator of the land quality division shall obtain a determination from the nuclear regulatory commission that the licensee has complied with the commission's decontamination, decommissioning, disposal and reclamation standards.
(c) Prior to terminating a byproduct material license the department shall ensure the ownership of a disposal site and the byproduct material resulting from licensed activity are transferred to:
(i) The state of Wyoming; or
(ii) The federal government if the state declines to acquire both the site and the byproduct material.
(d) Upon the transfer of a disposal site or the byproduct material resulting from licensed activity to the federal government, funds collected for decommissioning and long-term surveillance shall also be transferred to the federal government.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 20 - Nuclear Regulatory Agreement › Section 35-11-2005 - Fees.

35-11-2005. 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 regulation of source material under article 4 of this chapter, including but not limited to the review and processing of mining permit applications.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 12 - Industrial Development and Siting › Section 35-12-104 - Industrial Siting Council Created; Composition; Terms; Removal; Compensation.

35-12-104. 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 appointment three (3) members shall serve for six (6) years, two (2) members shall serve for four (4) years and two (2) members shall serve two (2) years as designated by the initial appointment.
(c) Members shall be appointed by the governor with the advice and consent of the senate. The governor may remove any member as provided in W.S. 9-1-202. If a vacancy occurs the governor shall appoint a new member as provided in W.S. 28-12-101. Not more than seventy-five percent (75%) of the members shall be of the same political party.
(d) The council, annually, shall elect a chairman, vice-chairman and secretary from among its members. The council shall have at least four (4) regularly scheduled meetings each year and may meet at the call of the chairman or upon request of a majority of the members at other times. For the purpose of conducting council business four (4) members constitute a quorum but no action taken is valid unless approved by at least four (4) members.
(e) Council members appointed pursuant to this section shall be reimbursed for per diem, mileage and expenses and receive salary for attending meetings and hearings of the council in the same manner and amount as members of the Wyoming legislature.
(f) The administrative head of each state agency enumerated in W.S. 35-12-110(b), or the designated representative, may attend meetings of the council and serve in an advisory capacity to facilitate and expedite the decision making process of the council. The council may request any administrative head to pursue, evaluate and submit reports relative to any study which may be required in the evaluation of an application for a permit.
(g) Appointments and terms under this chapter shall be in accordance with W.S. 28-12-101 through 28-12-103.