reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-531 - General Permit for Cease and Closure for Small Landfills; Rulemaking Authority.

35-11-531. General permit for cease and closure for small landfills; rulemaking authority.
(a) The department shall develop a general permit in accordance with W.S. 35-11-801(d) for closing municipal solid waste landfills with a total surface area of less than thirty (30) acres, and shall provide assistance to municipalities in the general permitting process. The general permit shall comply with federal requirements for municipal solid waste landfill closure and post-closure.
(b) The department shall provide assistance for permitting municipal solid waste transfer facility activities at closing municipal solid waste landfills with a total surface area of less than thirty (30) acres.
(c) The department shall promulgate rules and regulations necessary to achieve the purposes of this section.
(d) Repealed by Laws 2019, ch. 186, 2.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-532 - Municipal Solid Waste Facility Operator Financial Responsibility; Penalties.

35-11-532. Municipal solid waste facility operator financial responsibility; penalties.
(a) Municipal solid waste facility operators shall ensure continued revenue or funding streams sufficient to provide for all foreseeable costs of the facility, including but not limited to the full costs of:
(i) Operations;
(ii) Monitoring;
(iii) Recycling, composting and other diversion activities;
(iv) Closure; and
(v) Post-closure activities.
(b) On or before January 1, 2014 and at least once every four (4) years thereafter, municipal solid waste facility operators shall submit to the department written documentation demonstrating compliance with subsection (a) of this section.
(c) Municipal solid waste facility operators shall employ accounting principles pursuant to the Uniform Municipal Fiscal Procedures Act, W.S. 16-4-101 through 16-4-125, which recognize liabilities associated with:
(i) Closure and post-closure costs; and
(ii) The long-term cost of waste disposal compared to recycling, composting or other diversion activities.
(d) Compliance with this section shall be a prerequisite for eligibility for any state grant and loan program available to a municipal solid waste facility and state funding for solid waste landfill monitoring and remediation.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-533 - Municipal Solid Waste Landfill Remediation Program Created; Purpose.

35-11-533. Municipal solid waste landfill remediation program created; purpose.
(a) There is created the municipal solid waste landfill remediation program. The program shall be administered by the solid and hazardous waste division of the department of environmental quality with the input of the waste and water advisory board as provided in W.S. 35-11-533 through 35-11-537.
(b) The legislature recognizes the threat to the public health, safety, welfare and the environment caused by pollution to soil and water from leaking municipal solid waste landfills. The purpose of this program is to take state primacy of the municipal solid waste landfill remediation program and to provide funding to take remediation actions at eligible leaking municipal solid waste landfills.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-535 - Municipal Solid Waste Landfill Remediation Account; Authorized Expenditures From the Account.

35-11-535. Municipal solid waste landfill remediation account; authorized expenditures from the account.
(a) There is created the municipal solid waste landfill remediation account. The department shall use monies from the municipal solid waste landfill remediation account as appropriated by the legislature for the administration of the program. Interest earned by this account shall be deposited in the general fund. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a), funds deposited in this account shall not revert without further action of the legislature.
(b) For a leaking municipal solid waste landfill to be eligible for use of monies in the account, the owner or operator of the site shall comply with all requirements of the program and regulations of the council adopted pursuant to W.S. 35-11-536.
(c) In addition to expenditures from the account authorized by W.S. 35-11-534(a), the department shall issue a credit in an amount not to exceed the local operator's twenty-five percent (25%) share required by W.S. 35-11-534(c)(v) of the total cost of eligible remediation and monitoring activities provided in W.S. 35-11-534(a), for past remediation and monitoring expenses incurred by the local operator as specified in this subsection. The department shall issue credits under this subsection for costs incurred by a local operator for remediation and monitoring activities from the account if:
(i) A work plan for the remediation and monitoring activities was submitted to and approved by the department;
(ii) The remediation and monitoring activities were initiated after July 1, 2006;
(iii) The local operator of a municipal solid waste landfill provides the department with an accurate accounting of the costs of remediation and monitoring activities conducted at the municipal solid waste landfill after July 1, 2006 and the department determines that those remediation and monitoring activities would be eligible for funding if they had been performed under the program;
(iv) The local operator conducts additional remediation and monitoring activities at the leaking municipal solid waste landfill which are eligible for funding under W.S. 35-11-534(a) on or after July 1, 2013; and
(v) A credit issued under this subsection shall not exceed an amount equal to seventy-five percent (75%) of the cost incurred by the local operator for eligible remediation and monitoring activities after July 1, 2006.
(d) Repealed by Laws 2015, ch. 47, 2.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-536 - Rules and Regulations.

35-11-536. Rules and regulations.
(a) The council shall promulgate rules and regulations necessary to administer the program after recommendation from the director of the department, the administrator of the solid and hazardous waste division and the water and waste advisory board. The rules shall include but shall not be limited to rules and regulations which:
(i) Provide for landfill monitoring and remediation system design, construction, installation and monitoring standards which shall be no less stringent than federal requirements;
(ii) Specify the requirements for delegating installation or modification inspection authority including but not limited to requirements for contractors and local operators;
(iii) Establish a procedure or procedures for reporting any release from a municipal solid waste landfill;
(iv) Include provisions under which priorities for remediation actions shall be established in addition to the priority list created pursuant to W.S. 35-11-524. Those priorities shall be established considering, but not limited to, the following factors:
(A) Funding availability;
(B) Cost efficiencies achieved by allocation of resources;
(C) Opportunities for increased cost sharing between monitoring and remediation actions at multiple leaking municipal solid waste landfills;
(D) Timeliness of remediation in reducing risk to public health, safety and welfare or the environment;
(E) The likelihood that the remedy will reduce or eliminate the threat posed to public health, safety and welfare or the environment by continuing releases; and
(F) Whether the facility has completed closure and transfer actions at the leaking municipal solid waste facility. Priority shall be given to solid waste facilities which have completed closure and transfer actions.
(v) Require records for compliance with repairs and upgrades to be maintained for the operational life of the landfill remediation and monitoring system;
(vi) Create requirements for participation in the program and for the return of the facility to local control pursuant to W.S. 35-11-534(a); and
(vii) Specify standards for restoration of the environment.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 8 - Permits › Section 35-11-802 - Refusal to Grant Permits; Applicant's Rights.

35-11-802. Refusal to grant permits; applicant's rights.
If the director refuses to grant any permit under this act, the applicant may petition for a hearing before the council to contest the decision. The council shall give a public notice of such hearing. At such hearing, the director and appropriate administrator shall appear as respondent and the rules of practice and procedure adopted by the council pursuant to this act and the Wyoming Administrative Procedure Act shall apply. The burden of proof shall be upon the petitioner. The council must take final action on any such hearing within thirty (30) days from date of hearing.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 8 - Permits › Section 35-11-803 - Single Permit for Activities Covered by More Than One Article.

35-11-803. Single permit for activities covered by more than one article.
(a) The director may grant a single permit for a facility or activity regulated under more than one (1) article of this act provided that there is compliance with all rules, standards and public participation requirements provided by the individual articles of this act.
(b) The council may adopt unified rules which encompass activities covered by more than one (1) article of this act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 9 - Penalties › Section 35-11-903 - Violations of Provisions of Act Causing Damage to Wildlife; Recoveries; Causes of Action.

35-11-903. Violations of provisions of act causing damage to wildlife; recoveries; causes of action.
(a) Any person who violates this act, or any rule or regulation promulgated thereunder, and thereby causes the death of fish, aquatic life or game or bird life is, in addition to other penalties provided by this act, liable to pay to the state, an additional sum for the reasonable value of the fish, aquatic life, game or bird life destroyed. Any monies so recovered shall be placed in the game and fish fund.
(b) Except as provided in W.S. 35-11-902(o), nothing in this act shall be construed to abridge, limit, impair, create, enlarge or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding therefor.
(c) All actions pursuant to this article, except actions under W.S. 35-11-902(o), shall be brought in the county in which the violation occurred or in Laramie county by the attorney general in the name of the people of Wyoming. All actions pursuant to this article for the enforcement of any program to administer the provisions of W.S. 35-11-301(a)(iii) and (v) pursuant to the authority delegated under W.S. 35-11-304 may also be brought by the county attorney in the county in which the violation occurred.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 9 - Penalties › Section 35-11-904 - Civil or Criminal Remedy.

35-11-904. Civil or criminal remedy.
(a) Except as provided in subsection (c) of this section, any person having an interest which is or may be adversely affected, may commence a civil action on his own behalf to compel compliance with this act only to the extent that such action could have been brought in federal district court under Section 520 of P.L. 95-87, as that law is worded on August 3, 1977:
(i) Against any governmental entity, for alleged violations of any provisions of this act or of any rule, regulation, order or permit issued pursuant thereto, or against any other person for alleged violations of any rule, regulation, order or permit issued pursuant to this act; or
(ii) Against the state of Wyoming, department of environmental quality, for alleged failure of the department to perform any act or duty under this act which is not discretionary with the department.
(b) Actions against the state of Wyoming, department of environmental quality, pursuant to this section shall be filed in the district court for Laramie county. Actions against any governmental entity, or any other person pursuant to this section shall be filed in the district court for the county in which the violation is alleged to have occurred.
(c) No action pursuant to this section may be commenced:
(i) Prior to sixty (60) days after the plaintiff has given notice in writing of the violation and of his intent to commence the civil action to the department and the alleged violator, except that such action may be brought immediately after such notification if the violation complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff; or
(ii) If the department, through the attorney general, has commenced a civil action to require compliance with the provisions of this act, or any rule, regulation, order or permit issued pursuant to this act, but in any such action any person may intervene as a matter of right.
(d) The state of Wyoming, department of environmental quality, may intervene as a matter of right in any action filed pursuant to this section.
(e) The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation, (including attorney and expert witness fees), to any party whenever the court determines such award is appropriate.
(f) The availability of judicial review established pursuant to W.S. 16-3-114 shall not be construed to limit the operation of rights established in this section.
(g) Nothing in this act shall in any way limit any existing civil or criminal remedy for any wrongful action arising out of a violation of any provision of this act or any rule, regulation, standard, permit, license, or variance or order adopted hereunder.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 10 - Judicial Reviews › Section 35-11-1001 - Judicial Review; Temporary Relief; Conditions.

35-11-1001. Judicial review; temporary relief; conditions.
(a) Any aggrieved party under this act, any person who filed a complaint on which a hearing was denied, and any person who has been denied a variance or permit under this act, may obtain judicial review by filing a petition for review within thirty (30) days after entry of the order or other final action complained of pursuant to the provisions of the Wyoming Administrative Procedure Act.
(b) Any person having a legal interest in the mineral rights or any person or corporation having a producing mine or having made substantial capital expenditures and commitments to mine mineral rights with respect to which the state has prohibited mining operations because the mining operations or proposed mining operations would irreparably harm, destroy or materially impair an area that has been designated to be of a unique and irreplaceable historical, archeological, scenic or natural value, may petition the district court for the district in which the mineral rights are located to determine whether the prohibition so restricts the use of the property as to constitute an unconstitutional taking without compensation. Upon a determination that a taking has occurred the value of the investment in the property or interests condemned shall be ascertained and damages shall be assessed as in other condemnation proceedings.
(c) In a proceeding to review any order or decision of the department providing for regulation of surface coal mining and reclamation operations in accordance with P.L. 95-87, the court may under conditions it prescribes grant temporary relief pending final determination of the review proceedings if:
(i) All parties to the proceedings were notified and given opportunity for hearing on the request for temporary relief;
(ii) The party requesting relief shows there is a substantial likelihood he will prevail on the final determination of the proceeding; and
(iii) The relief will not adversely affect the public health and safety or cause significant environmental harm to land, air or water resources.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 11 - Miscellaneous Provisions › Section 35-11-1101 - Records Available to the Public; Restrictions.

35-11-1101. Records available to the public; restrictions.
(a) Any records, reports or information obtained under this act or the rules, regulations and standards promulgated hereunder are available to the public. Upon a showing satisfactory to the director by any person that his records, reports or information or particular parts thereof, other than emission and pollution data, to which the director and administrators have access under this act if made public would divulge trade secrets, the director and administrators shall consider the records, reports or information or particular portions thereof confidential in the administration of this act.
(b) Nothing herein shall be construed to prevent disclosure of any records, reports or information to federal, state or local agencies necessary for the purposes of administration of any federal, state or local air, water or land control measures or regulations or when relevant to any proceedings under this act.
(c) In any suit under this section or the Public Records Act, W.S. 16-4-201 et seq., to compel the release of information under this act, the court may assess against the state reasonable attorney fees and other litigation costs reasonably incurred in any case in which the complainant has substantially prevailed and in which the court determines the award is appropriate.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 11 - Miscellaneous Provisions › Section 35-11-1102 - Hearing Unnecessary Prior to Issuance of Emergency Order.

35-11-1102. Hearing unnecessary prior to issuance of emergency order.
Nothing in this act shall be construed to require a hearing prior to the issuance of an emergency order.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 11 - Miscellaneous Provisions › Section 35-11-1103 - Property Exempt From Ad Valorem Taxation.

35-11-1103. Property exempt from ad valorem taxation.
The following property is exempt from ad valorem taxation pursuant to the provisions of this act and includes facilities, installations, machinery or equipment attached or unattached to real property and designed, installed and utilized primarily for the elimination, control or prevention of air, water or land pollution, or in the event such facility, installation, equipment or machinery shall also serve other beneficial purposes and use, such portion of the assessed valuation thereof as may be reasonably calculated to be necessary for and devoted to elimination, control or prevention of air, water and land pollution. The department of revenue shall determine the exempt portion on all property assessed pursuant to W.S. 39-13-102(m). The county assessor shall determine the exempt portion on all property assessed pursuant to W.S. 39-13-103(b). The determination shall not include as exempt any portion of any facilities which have value as the specific source of marketable byproducts.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 14 - Storage Tanks › Section 35-11-1416 - Rules and Regulations.

35-11-1416. Rules and regulations.
(a) The council shall promulgate rules and regulations necessary to administer this article after recommendation from the director of the department, the administrators of the various divisions and their respective advisory boards. The rules shall include but shall not be limited to rules and regulations which:
(i) Provide for performance, operating and installation standards for underground storage tanks which shall be no less or no more stringent than the federal standards. The rules shall include, but shall not be limited to, standards for upgrading existing facilities, abandonment, closure, compatibility, construction, design, installation, record maintenance and release detection, spill and overfill, inspection procedures and compliance deadlines. The rules shall include standards for aboveground storage tanks determined by the council to be necessary to meet the goals of this paragraph;
(ii) Require proof of financial assurance as required by federal law for underground storage tanks;
(iii) Specify the requirements for delegating installation or modification inspection authority including but not limited to requirements for inspectors;
(iv) Establish a procedure or procedures for reporting any release from a tank;
(v) Require taking corrective action in response to a reported release from a tank. These rules may include provisions under which priorities for corrective action may be established considering the state resources available to take corrective actions and the threat posed to public health, safety and welfare or the environment;
(vi) Require records for compliance with repairs and upgrades to be maintained for the operational life of the tank;
(vii) Adopt the requirements for notification to the department when there is a change of ownership or control over a tank in accordance with W.S. 35-11-1420(a);
(viii) Specify the requirements for notifying the department of installations or modifications in accordance with W.S. 35-11-1420(b);
(ix) Specify standards for restoration of the environment;
(x) Require proof of financial assurance for aboveground storage tanks if the owner of the aboveground storage tank desires to be eligible for coverage under the financial responsibility account.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 14 - Storage Tanks › Section 35-11-1417 - Noninsurance Proviso.

35-11-1417. Noninsurance proviso.
Nothing in this article shall be construed as creating an insurance company nor in any way subjecting the accounts created to the laws of the state regulating insurance or insurance companies.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 14 - Storage Tanks › Section 35-11-1419 - Tank Registration; Proof of Insurance.

35-11-1419. Tank registration; proof of insurance.
(a) After each new installation or modification of a regulated storage tank system the owner of a tank shall register the tank with the department on forms developed and furnished by the department. The registration form shall be submitted under oath or affirmation. The forms shall include but not be limited to:
(i) The name, address and telephone number of the tank owner;
(ii) The name, address and telephone number of the 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;
(iv) The type and age of each tank at the facility;
(v) The type of substance stored or contained in the tank;
(vi) The size of each tank;
(vii) Whether the tank is currently in use, and if not, the most recent date of use of the tank if known;
(viii) The most recent date the tank was tested and a copy of the test results if not previously submitted;
(ix) Whether the owner of the tank has insurance or other types of financial assurance to cover at least thirty thousand dollars ($30,000.00) as specified in W.S. 35-11-1428(c)(i);
(x) Proof as required by federal law that an owner of more than one hundred (100) underground storage tanks anywhere in the United States has insurance, or other environmental pollution financial responsibility instrument, indicating at least two million dollars ($2,000,000.00) in liability protection for releases occurring from any of those regulated tanks; and
(xi) Other information as may be required by rules and regulations.