reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 2 - Air Quality › Section 35-11-207 - Notification to the Environmental Protection Agency and Contiguous States.

35-11-207. Notification to the environmental protection agency and contiguous states.
(a) The department shall transmit to the environmental protection agency:
(i) A copy of each permit application and any application for a permit modification or renewal or any portion thereof including any compliance plan, as the environmental protection agency may require to effectively review the application and otherwise carry out its responsibilities under the Clean Air Act; and
(ii) A copy of each permit proposed to be issued and issued as a final permit.
(b) The department shall provide notice of each permit application or proposed permit forwarded to the environmental protection agency under this section, to all states:
(i) Whose air quality may be affected and that are contiguous to this state; or
(ii) That are within fifty (50) miles of the source.
(c) The department shall provide an opportunity for states notified pursuant to subsection (b) of this section to submit written recommendations respecting the issuance of the permit and its terms and conditions. If any part of those recommendations are not accepted by the department it shall notify the state submitting the recommendations and the environmental protection agency in writing of its failure to accept those recommendations and the reasons therefor.
(d) Upon receipt of timely objection by the environmental protection agency under title V of the Clean Air Act the department shall not issue any permit under the operating permit program unless it is revised and issued in accordance with section 505(c) of the Clean Air Act. Any permit issued under the operating permit program shall be subject to revocation or revision by the department throughout the period of time that EPA may object under title V of the Clean Air Act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 2 - Air Quality › Section 35-11-208 - Review of Actions on Applications.

35-11-208. Review of actions on applications.
(a) An applicant may seek relief pursuant to W.S. 35-11-802 on any final action taken on a permit including the director's refusal to grant a permit under the operating permit program or failure to act on a completed application within eighteen (18) months.
(b) Any person who participated in the public comment process on a permit application and who is aggrieved by any final action taken by the director on a permit application may seek relief pursuant to W.S. 35-11-1001.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 2 - Air Quality › Section 35-11-210 - Small Business Assistance Program Advisory Panel.

35-11-210. Small business assistance program advisory panel.
(a) There is created a compliance advisory panel consisting of the following nine (9) members:
(i) Two (2) members, who are not owners, or representatives of owners, of small business stationary sources, shall be appointed by the governor to represent the general public;
(ii) Four (4) members shall be appointed by the legislature who are owners, or who represent owners of small business stationary sources. One (1) member each shall be appointed by the majority and minority leadership of the house of representatives and one (1) member each shall be appointed by the majority and minority leadership of the senate;
(iii) One (1) member shall be selected by the director of the department to represent the department;
(iv) Two (2) members who represent major source operators in the state of Wyoming, shall be appointed by the governor.
(b) The panel shall:
(i) Render advisory opinions concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program, difficulties encountered, and degree and severity of enforcement;
(ii) Make periodic reports to the environmental protection agency required under title V of the Clean Air Act;
(iii) Review information for small business stationary sources to assure such information is understandable by the layperson; and
(iv) Have the small business stationary source technical and environmental compliance assistance program serve as the secretariat for the development and dissemination of such reports and advisory opinions.
(c) Except for the initial members the panel members shall serve four (4) year terms and may be reappointed. The legislative members appointed from the house of representatives shall initially serve two (2) year terms. One (1) member appointed by the governor shall initially serve a three (3) year term. A vacancy occurs if a member ceases to meet the qualifications specified in subsection (a) of this section. A vacancy shall be filled in the same manner as the original appointment. The panel shall select from its members a chairman. The panel shall hold at least four (4) regularly scheduled meetings each year, and may hold special meetings as called by the chairman. Five (5) members shall constitute a quorum for the purposes of conducting business, but all decisions must be approved by a majority of the total membership of the panel. Each member, except the department representative, shall be reimbursed for per diem, mileage and expenses for attending panel meetings in the same manner and amount as state employees. The department representative shall suffer no loss of wages for the time devoted to the duties of the panel.
(d) The panel shall be in addition to and operate separate from the advisory boards created pursuant to W.S. 35-11-113.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 2 - Air Quality › Section 35-11-212 - Effect of Other Provisions.

35-11-212. Effect of other provisions.
(a) Nothing in W.S. 35-11-203 through 35-11-212 shall be construed as affecting allowances under the allowance program and phase II compliance schedule under the acid rain provisions of title IV of the federal Clean Air Act.
(b) Nothing in W.S. 35-11-203 through 35-11-212 shall be construed as affecting the department's permitting or other regulation of the construction or modification of sources pursuant to W.S. 35-11-202 including rules in effect as of April 1, 1992 or subsequently promulgated under W.S. 35-11-202.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 2 - Air Quality › Section 35-11-214 - Emission Trading Programs.

35-11-214. Emission trading programs.
The department through rule and regulation may establish intrastate, participate in interstate, or establish intrafacility emissions trading programs. Any trading program established shall be consistent with the Clean Air Act and regulations promulgated thereunder, and consistent with ambient air quality standards.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 3 - Water Quality › Section 35-11-301 - Prohibited Acts.

35-11-301. Prohibited acts.
(a) No person, except when authorized by a permit issued pursuant to the provisions of this act, shall:
(i) Cause, threaten or allow the discharge of any pollution or wastes into the waters of the state;
(ii) Alter the physical, chemical, radiological, biological or bacteriological properties of any waters of the state;
(iii) Construct, install, modify or operate any sewerage system, treatment works, disposal system or other facility, excluding uranium mill tailing facilities, capable of causing or contributing to pollution, except that no permit to operate shall be required for any publicly owned or controlled sewerage system, treatment works or disposal system;
(iv) Increase the quantity or strength of any discharge;
(v) Construct, install, modify or operate any public water supply or construct any subdivision water supply, except that no permit to operate shall be required for any publicly owned or controlled public water supply and a permit under this section shall not be required for subdivision water supplies consisting of individual wells serving individual lots of a subdivision.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 3 - Water Quality › Section 35-11-303 - Duties of the Administrator of Water Quality Division.

35-11-303. Duties of the administrator of water quality division.
(a) In addition to other duties imposed by law, the administrator of the water quality division at the direction of the director:
(i) May conduct on site compliance inspections of all facilities and works during or following the completion of any construction, installation or modification for which a permit is issued under W.S. 35-11-301(a)(iii) or (v); and
(ii) Shall establish as necessary for the efficient enforcement of this act water quality districts within the state and provide for a field office to be located within the boundaries of each district created.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 3 - Water Quality › Section 35-11-304 - Administrator Required to Delegate Certain Management Functions to Local Governmental Entities.

35-11-304. Administrator required to delegate certain management functions to local governmental entities.
(a) To the extent requested by a municipality, water and sewer district or county, the administrator of the water quality division, with the approval of the director, shall delegate to municipalities, water and sewer districts or counties which apply the authority to enforce and administer within their boundaries the provisions of W.S. 35-11-301(a)(iii) and (v), including the authority to develop necessary rules, regulations, standards and permit systems and to review and approve construction plans, conduct inspections and issue permits. Any authority delegated under this section shall be subject to the following conditions:
(i) The delegation of authority under this section is limited to small wastewater facilities, publicly owned or controlled sewage collection and water distribution facilities and publicly owned or controlled nondischarging treatment works;
(ii) The delegation of authority under this section shall be by written agreement signed by the administrator and the local elected representative empowered to do so;
(iii) The local governmental entity has established rules, regulations and standards for the issuance of permits required under W.S. 35-11-301(a)(iii) and (v) which standards shall be at least as stringent as those promulgated by the state under W.S. 35-11-302(a)(iii);
(iv) The local governmental entity shall demonstrate to the administrator that all facilities will be approved by a registered professional engineer or city or county sanitarian for small wastewater facilities or other qualified individual approved by the water quality division administrator, and that it employs a properly certified waste treatment plant operator responsible for operation and maintenance of the treatment works in a manner at least as stringent as the department of environmental quality would require;
(v) The administrator shall periodically review the standards and administrative and enforcement programs of each local governmental entity receiving a delegation of authority under this section and may with the consent of the director revoke or temporarily suspend the delegation agreement entered into with any entity which has failed to perform its delegated duties or has otherwise violated the terms of its agreement of delegation.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 3 - Water Quality › Section 35-11-307 - Commercial Waste Treatment, Storage and Disposal Facilities.

35-11-307. Commercial waste treatment, storage and disposal facilities.
(a) In addition to any other requirement or restriction imposed under the Wyoming Environmental Quality Act, commercial waste treatment, storage and disposal facilities used for the management of more than ten (10) tons of dried wastewater treatment sludges or the equivalent thereto per operating day, are subject to the location restrictions and bond requirements provided for commercial oil field waste disposal facilities under W.S. 35-11-306.
(b) Any person who locates, constructs or operates a commercial waste treatment, storage and disposal facility in violation of the location restrictions provided by subsection (a) of this section and W.S. 35-11-306(a) is subject to the penalties provided by W.S. 35-11-901. This subsection shall be enforced by the water quality division of the department of environmental quality.
(c) The environmental quality council shall promulgate rules and regulations necessary to carry out this section including rules establishing bonding and financial assurance requirements in conformance with W.S. 35-11-306(d) through (p).
(d) This section shall not apply to publicly owned waste treatment, storage and disposal facilities.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 3 - Water Quality › Section 35-11-310 - Notice to Drain Waters Required; Exception.

35-11-310. Notice to drain waters required; exception.
(a) Except as provided in subsection (b) of this section, after July 1, 1996, no person shall drain water from a naturally occurring or man-made wetland, or any series thereof, which has an area comprising five (5) acres or more, without first notifying the department that the water which will be drained from the wetland, or any series thereof, will not flood or adversely affect downstream lands. Notification shall include the size and location of the wetland, and whether the wetland is natural or man-made.
(b) Subsections (a) and (c) of this section do not apply to disturbances of wetlands resulting from mining operations conducted pursuant to mining permits issued by the department of environmental quality.
(c) Any person draining, or causing to be drained, water of a naturally occurring wetland, or any series thereof, which has an area comprising five (5) acres or more, without first notifying the department as required by subsection (a) of this section, shall not be eligible to participate in the mitigation credit banking system as provided by W.S. 35-11-311. Failure to notify the department pursuant to this section does not constitute a violation for purposes of W.S. 35-11-901.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 3 - Water Quality › Section 35-11-311 - Mitigation; Guidelines.

35-11-311. Mitigation; guidelines.
(a) The department, after consultation with the Wyoming department of agriculture, state engineer, game and fish department, Wyoming water development commission and the department of transportation, shall adopt guidelines for evaluating ecological function and values and for establishing and administering a mitigation credit banking system for compensatory mitigation. The guidelines shall, at a minimum, provide for:
(i) Criteria under which mitigation credits may be earned, with credit to be recognized for man-made wetlands created after July 1, 1991;
(ii) Geographical and other appropriate limitations for the application of mitigation bank credits;
(iii) Criteria for the use, banking or sale of banked credits;
(iv) The approval by the department for the earning, using, banking, transfer or selling of mitigation bank credits; and
(v) Requirements for the maintenance and submission by the department of records concerning ecological function and wetland value losses, and credit and debit accounts for each mitigation bank.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 3 - Water Quality › Section 35-11-312 - Fees.

35-11-312. Fees.
(a) The department shall implement a surface water point source discharge permit fee system for each permit issued pursuant to W.S. 35-11-302(a)(v). The department shall assess an annual permit fee of two hundred dollars ($200.00) for each Wyoming pollution discharge elimination system permit and for each permit authorization held by any person under W.S. 35-11-301. All payment of permit fees shall be received prior to processing and issuance of the permit. Permit fees shall not be prorated and are nonrefundable upon permit modification, termination or expiration. The department shall prepare a biennium report on the fee system for review by the joint minerals, business and economic development interim committee by October 31 of the year prior to the Wyoming legislative budget session.
(b) The fees collected by the department pursuant to this section shall be deposited in a separate account, and shall be subject to appropriation by the legislature to the department to be used for costs associated with:
(i) Surface water quality monitoring and analysis;
(ii) Surface water quality modeling analysis and demonstrations;
(iii) Other nonoperating costs associated with surface water discharges.
(c) The revenue generated by this section shall not be used for operational costs associated with permit processing.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 3 - Water Quality › Section 35-11-314 - Unitization of Geologic Sequestration Sites; Purposes; Definitions.

35-11-314. Unitization of geologic sequestration sites; purposes; definitions.
(a) The purpose of W.S. 35-11-314 through 35-11-319 is declared by the Wyoming legislature to be the protection of corresponding rights, compliance with environmental requirements and to facilitate the use and production of Wyoming energy resources.
(b) Except when context otherwise requires or when otherwise defined in this subsection, the terms used or defined in W.S. 35-11-103, shall have the same meaning when used in W.S. 35-11-314 through 35-11-320. When used in W.S. 35-11-314 through 35-11-320:
(i) "Corresponding rights" means the right of all pore space owners in a unit area who will be affected by unit operations, either now or in the future, to concurrently share in the economic benefits generated by using the pore space in the unit area.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 3 - Water Quality › Section 35-11-315 - Unitization of Geologic Sequestration Sites; Agreements; Application for Permit; Contents.

35-11-315. Unitization of geologic sequestration sites; agreements; application for permit; contents.
(a) Any interested person may file an application with the Wyoming oil and gas conservation commission requesting an order providing for the operation and organization of a unit of one (1) or more parts as a geologic sequestration site and for the pooling of interests in pore space in the proposed unit area for the purpose of conducting the unit operation. The application shall contain:
(i) A copy of any permit or draft permit issued by the department allowing geologic sequestration or any application for such permit;
(ii) A description of the pore space and surface lands proposed to be so operated, termed the "unit area";
(iii) The names, as disclosed by the conveyance records of the county or counties in which the proposed unit area is situated, and the status records of the district office of the bureau of land management of:
(A) All persons owning or having an interest in the surface estate and pore space in the unit area including mortgages and the owners of other liens or encumbrances; and
(B) All owners of the surface estate and pore space not included within but which immediately adjoins the proposed unit area or a corner thereof.
(iv) The addresses of all persons and owners identified in subparagraphs (iii)(A) and (B) of this subsection, if known. If the name or address of any person or owner is unknown, the application shall so indicate;
(v) A statement of the type of operations contemplated in order to effectuate the purposes specified in W.S. 35-11-314 to comply with environmental requirements and to facilitate the use and production of Wyoming energy resources;
(vi) A proposed plan of unitization applicable to the proposed unit area which the applicant considers fair, reasonable and equitable and which shall include provisions for determining the pore space to be used within the area, the appointment of a unit operator and the time when the plan is to become effective;
(vii) A proposed plan for determining the quantity of pore space storage capacity to be assigned to each separately owned tract within the unit and the formula or method by which pore space will be allocated the economic benefits generated by use of pore space in the unit area;
(viii) A proposed plan for generating economic benefits for the use of pore space within the unit area;
(ix) A proposed operating plan providing the manner in which the unit area will be supervised and managed and, if applicable, costs allocated and paid, unless all owners within the proposed unit area have joined in executing an operating agreement or plan providing for such supervision, management and allocation and, if applicable, payment of costs. All operating plans shall comply with all applicable environmental requirements.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 3 - Water Quality › Section 35-11-317 - Unitization of Geologic Sequestration Sites; Economic Benefits; Liens.

35-11-317. Unitization of geologic sequestration sites; economic benefits; liens.
(a) No order of the Wyoming oil and gas conservation commission or other contract relating to a separately owned tract within the unit area shall be terminated by the order providing for unit operations, but shall remain in force and apply to that tract, its benefits, burdens and obligations, until terminated in accordance with the provisions thereof.
(b) Except to the extent that the parties affected agree, no order providing for unit operations shall be construed to result in a transfer of all or any part of the title to pore space or other rights in any tract in the unit area and no agreement or order shall operate to violate the terms and requirements of any permit applicable to pore space within the unit area.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 3 - Water Quality › Section 35-11-318 - Title to Sequestered and Injected Carbon Dioxide; Definitions.

35-11-318. Title to sequestered and injected carbon dioxide; definitions.
(a) As used in this section and in W.S. 35-11-319, "injector" means a person applying for or holding a permit or certificate for geologic sequestration of carbon dioxide under W.S. 35-11-313.
(b) An injector shall:
(i) Have title to any carbon dioxide the injector injects into and stores underground or within a unit area;
(ii) Hold title for any injected or stored carbon dioxide until the department issues a certificate of project completion as specified in W.S. 35-11-319.
(c) During any time the injector holds title to carbon dioxide under this section, the injector shall be liable for any damage the injected or stored carbon dioxide may cause, including damage caused by carbon dioxide that escapes or is released from where it is being stored underground.
(d) The existence, management and expenditure of funds from this account shall not constitute a waiver by the state of Wyoming of its immunity from suit, nor does it constitute an assumption of any liability by the state for geologic sequestration sites or the carbon dioxide and associated constituents injected into those sites.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 3 - Water Quality › Section 35-11-320 - Geologic Sequestration Special Revenue Account.

35-11-320. Geologic sequestration special revenue account.
(a) There is created the Wyoming geologic sequestration special revenue account. The account shall be administered by the director and all funds in the account shall be transmitted to the state treasurer for credit to the account and shall be invested by the state treasurer as authorized under W.S. 9-4-715(a), (d) and (e) in a manner to obtain the highest return possible consistent with the preservation of the corpus. Any interest earned on the investment or deposit of monies into the fund shall remain in the fund and shall not be credited to the general fund. All funds in the account are continuously appropriated for use by the director consistent with this section.
(b) The account shall consist of all monies collected by the department to measure, monitor and verify Wyoming geologic sequestration sites following project completion certification, release of all financial assurance instruments and termination of the permit. The department shall promulgate rules necessary to collect monies in an amount reasonably calculated to pay the costs of measuring, monitoring and verifying the sites.
(c) Funds in the account shall be used only for:
(i) The testing, monitoring and long-term inspections of geologic sequestration sites;
(ii) Remediation of mechanical problems associated with remaining wells and infrastructure;
(iii) Plugging and abandoning monitoring wells;
(iv) All future claims associated with the release of carbon dioxide from the geologic sequestration sites following project completion certification, release of all financial assurance instruments and termination of the permit.
(d) The existence, management and expenditure of funds from this account shall not constitute a waiver by the state of Wyoming of its immunity from suit, nor does it constitute an assumption of any liability by the state for geologic sequestration sites.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-403 - Powers of the Administrator of Land Quality Division.

35-11-403. Powers of the administrator of land quality division.
(a) The administrator of the land quality division shall have the following powers:
(i) To utilize qualified experts in the field of hydrology, soil science, plant or wildlife ecology, and other related fields to advise on mining reclamation practices, and the adoption of rules. Advisors shall be reimbursed for travel and other expenses incurred in performance of official duties in the same manner and amount as state employees;
(ii) To fix the amount of, collect, maintain and otherwise comply with the statutory performance bond requirement set out in W.S. 35-11-417. The council may order the forfeiture of a bond as set out in W.S. 35-11-421;
(iii) To reclaim any affected land with respect to which a bond has been forfeited;
(iv) To recommend to the director, the issuance, denial, amendment, revocation and suspension of permits, licenses and special exploration licenses in accordance with the provisions of this act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-405 - Permit Defined; No Mining Operation Without Valid Permit; When Validity Terminated.

35-11-405. Permit defined; no mining operation without valid permit; when validity terminated.
(a) A mining permit is the certification that the tract of land described may be mined by an operator licensed to do so in conformance with an approved mining plan and reclamation plan. No mining operation may be commenced or conducted on land for which there is not in effect a valid mining permit to which the operator possesses the rights.
(b) A mining permit once granted remains valid and in force from the date of its issuance until the termination of all mining and reclamation operations, except as otherwise provided in this act.
(c) All surface coal mining permits issued subsequent to approval of the state program pursuant to P.L. 95-87 shall be issued for a term of not to exceed five (5) years. If the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation and if the application is complete for this specified longer term, the director shall grant a permit for a longer term.
(d) A surface coal mining permit shall terminate if the permittee has not commenced the surface coal mining operations covered by the permit within three (3) years of the issuance of the permit, except as provided in P.L. 95-87.
(e) Any valid surface coal mining permit issued pursuant to this act is entitled to a right of successive renewal upon expiration with respect to areas within the boundaries of the existing permit if public notice has been given, any additional revised or updated information has been provided and the operation is in compliance with applicable laws and regulations and if the renewal requested will not substantially jeopardize the operator's responsibility on existing affected land.
(f) If an application for renewal of a valid surface coal mining permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion of the application for renewal which addresses any new land areas shall be subject to the standards applicable to new applications under this act. However, areas previously identified in the mining plan and reclamation plan of those surface coal mining operations not subject to the standards in W.S. 35-11-406(m)(xiii) will not be subject to those standards in the renewal application.
(g) An application for renewal of a valid surface coal mining permit shall be made at least one hundred twenty (120) days prior to expiration of a valid coal permit.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-407 - Water Impoundments.

35-11-407. Water impoundments.
(a) In any plan for the creation of a permanent water impoundment the applicant must adequately demonstrate that:
(i) The size of the impoundment, contouring and revegetation, if any, are suitable for its intended purpose and use;
(ii) Final grading will provide adequate safety and access for proposed water users;
(iii) The impoundment dam construction will be so designed to insure permanent stability and to prevent safety hazards.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-408 - Permit Transfer.

35-11-408. Permit transfer.
A permit holder desiring to transfer his permit shall apply to the administrator. The potential transferee shall file with the administrator a statement of qualifications to hold a permit as though he were the original applicant for the permit and shall further agree to be bound by all of the terms and conditions of the original permit. The administrator shall recommend approval or denial of the transfer to the director. No transfer of a permit will be allowed if the current permit holder is in violation of this act, unless the transferee agrees to bring the permit into compliance with the provisions of this act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-409 - Permit Revocation.

35-11-409. Permit revocation.
(a) The director shall revoke a mining permit if at any time he determines that the permit holder intentionally misstated or failed to provide any fact that would have resulted in the denial of a mining permit and which good faith compliance with the policies, purposes, and provisions of this act would have required him to provide.
(b) Unless an emergency exists, and except as otherwise provided in this act, the revocation of a permit shall become effective upon thirty (30) days' notice to the operator. In an emergency, a special meeting of the council may cause a revocation to become effective upon receipt of notice by the permit holder.
(c) When an inspection carried out pursuant to the enforcement of this act reveals that a pattern of violations by any surface coal mine operator of any requirements of this act or any permit conditions required by this act has existed, and that these violations were caused by the unwarranted failure of the operator to comply with these requirements or permit conditions, or that these violations are willfully caused by the operator, the director shall issue an order to the operator to show cause why the permit should not be suspended or revoked. Opportunity for a public hearing before the council shall be provided. If a hearing is requested the director shall inform all interested parties of the time and place of the hearing. Upon failure of the operator to show cause why the permit should not be suspended or revoked, the council shall suspend or revoke the permit.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-410 - License to Mine for Minerals; Application.

35-11-410. License to mine for minerals; application.
(a) A license to mine is issued for the duration of the mining operation on the permit area unless sooner revoked or suspended as provided herein. No mining operation of any kind may be commenced or conducted without a license to mine.
(b) Any operator desiring to engage in a mining operation shall make a written application to the administrator on forms furnished by the administrator for a license to mine. A license is required for each mining operation for which a separate mining permit is issued. The application shall contain or be accompanied by:
(i) The name and address of the applicant;
(ii) A copy of the mining permit for the lands which are to be affected by the proposed mining operation, and if the applicant is other than the permit holder, a copy of the instrument of permission from the permit holder granting to the applicant the rights thereto;
(iii) If the applicant for the license is other than the permit holder, a statement that the applicant has never had any permit issued by the administrator revoked, or license issued by the board revoked, or bond posted to comply with the act forfeited for intentional and substantial violation of the provisions of this act;
(iv) The location and number of acres of the area to be affected by the proposed mining operation for the first year of operation if less than the full extent of the permit area;
(v) The estimated dates of commencement and termination of the proposed mining operation;
(vi) A fee of one hundred fifty dollars ($150.00).
(c) The administrator shall promptly review the license application and if he finds the application in order and consistent with the terms of the permit and any other provisions of this act, the administrator will determine the size of the bond to be posted for the purpose of insuring reclamation of the lands affected during the first year of operation and upon receipt of said bond will promptly issue the license.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-411 - Annual Report.

35-11-411. Annual report.
(a) An operator shall file an annual report with the administrator on or within thirty (30) days prior to the anniversary date of each permit. The report shall include:
(i) The name and address of the operator and the permit number;
(ii) A report in such detail as the administrator shall require supplemented with maps, cross sections, aerial photographs, photographs, or other material indicating:
(A) The extent to which the mining operations have been carried out;
(B) The progress of all reclamation work;
(C) The extent to which expectations and predictions made in the original or any previous reports have been fulfilled, and any deviation therefrom, including but not limited to the quantity of overburden removed, the quantity of minerals removed, and the number of acres affected.
(iii) A revised schedule or timetable of operations and reclamation and an estimate of the number of acres to be affected during the next one (1) year period.
(b) Upon receipt of the annual report the administrator shall make such further inquiry as shall be deemed necessary. If the administrator objects to any part of the report or requires further information he shall notify the permittee as soon as possible and shall allow a reasonable opportunity to provide the required information, or take such action as shall be necessary to remove the objection.
(c) As soon as possible after the receipt of the annual report the administrator shall conduct an inspection of the site of the operation. A report of this inspection shall be made a part of the permittee's annual report and a copy shall be delivered to the operator.
(d) Within sixty (60) days after receipt of the annual report, inspection report and other required materials, if the administrator finds the annual report in order and consistent with the reclamation plan as set forth in the permit, or as amended to adjust to conditions encountered during mining and reclamation operations as provided by law, the director shall determine the size of the bond to be posted for the purpose of insuring reclamation of the lands affected during the ensuing year.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-412 - License Revocation or Suspension.

35-11-412. License revocation or suspension.
(a) The director shall revoke an operator's license:
(i) If at any time he becomes aware of the existence of any fact, reason, or condition that would have caused him to deny an application for a mining permit whether or not such condition existed at the time of the application;
(ii) If he determines that the operator intentionally misstated or failed to provide any fact that would have resulted in the denial of a license and which good faith compliance with the policies, purposes and provisions of this act would have required him to provide.
(b) The director may suspend the license if he determines the operator is in substantial violation of the terms of the license or of the provisions of this act. The suspension shall be lifted when the violations have been corrected to the director's satisfaction. No suspension shall be unreasonably prolonged.
(c) Unless an emergency exists, the revocation or suspension of a license shall become effective upon thirty (30) days notice to the applicant. In the case of an emergency, the director may cause such revocation or suspension to become effective immediately upon receipt of notice.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-413 - Special License to Explore for Minerals by Dozing.

35-11-413. Special license to explore for minerals by dozing.
A special license to explore for minerals by dozing may be issued by the administrator for a one (1) year period without a permit.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-414 - Special License to Explore for Minerals by Dozing; Application; Standards; Fee; Bond; Denial; Appeal.

35-11-414. Special license to explore for minerals by dozing; application; standards; fee; bond; denial; appeal.
(a) Any person desiring to engage in mineral exploration by dozing shall apply to the administrator for a special license. The application shall be in accordance with rules and regulations adopted pursuant to the standards set forth in subsection (b) of this section, by the council upon recommendation by the director after consultation with the administrator and advisory board, and shall be accompanied by a fee of two hundred fifty dollars ($250.00).
(b) The council shall establish rules and regulations pursuant to the following reclamation standards for exploration by dozing:
(i) Backfilling the topsoil disturbed by dozing to its approximate original contour;
(ii) Revegetation of the land affected by dozing, including species to be used;
(iii) Timetables for the accomplishment of the above reclamation program.
(c) After reviewing the application for special license to explore by dozing the administrator shall set the amount of the bond necessary to insure complete reclamation and issue the special license to explore.
(d) The administrator may deny the special license to explore if he believes the application is in violation of the purpose of this act.
(e) The decision of the administrator may be appealed through the director to the council.
(f) All special licenses to explore issued by the administrator shall be reviewed by the council at their next regularly scheduled meeting.
(g) A bond posted under the terms of this section shall be released upon completion of the exploration, by dozing, the reclamation program, and an inspection by the administrator. Failure to comply with the provisions of this section will result in forfeiture of the bond.
(h) If the proposed exploration by dozing will substantially affect forty (40) or more acres in any four (4) contiguous sixteenth sections, the application shall conform to the reclamation standards and requirements governing surface mining, and the provisions of this section shall not apply.
(j) Any abandoned drill hole shall be subject to the reclamation provisions of subsection 30-96.16(e) of the statutes.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-416 - Protection of the Surface Owner.

35-11-416. Protection of the surface owner.
(a) In those instances in which the surface owner is not the owner of the mineral estate proposed to be mined by mining operations a permit shall not be issued without the execution of a bond or undertaking to the state, whichever is applicable, for the use and benefit of the surface owner or owners of the land, in an amount sufficient to secure the payment for any damages to the surface estate, to the crops and forage, or to the tangible improvements of the surface owner. This amount shall be determined by the administrator and shall be commensurate with the reasonable value of the surrounding land, and the effect of the overall operation of the landowner. This bond is in addition to the performance bond required for reclamation by this act. As damage is determined it shall be paid. Financial loss resulting from disruption of the surface owner's operation shall be considered as part of the damage. A bond for surface damage shall not be required when the agreement negotiated between the surface owner and the mineral owner or developer waives any requirement therefor. Payment of damages shall be paid annually unless otherwise agreed to by the surface owner and the operator.
(b) An owner of real property and who holds a valid adjudicated water right and who obtains all or part of his supply of water for domestic, agricultural, industrial, recreational, or other legitimate use from a surface or an underground source other than a subterranean stream having a permanent distinct known channel may maintain an action against an operator to recover damages for pollution, diminution, or interruption of such water supply resulting from surface, in situ mining or underground mining.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-418 - Cash or Securities in Lieu of Bond.

35-11-418. Cash or securities in lieu of bond.
In lieu of a bond, the operator or its principal may deposit federally insured certificates of deposit payable to the Wyoming department of environmental quality, or cash or government securities, or irrevocable letters of credit issued by a bank organized to do business in the United States, or all four.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-419 - Bond Cancellation.

35-11-419. Bond cancellation.
Such bond may be cancelled by the surety only after ninety (90) days notice to the director, and upon receipt of the director's written consent, which may be granted only when the requirements of the bond have been fulfilled.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-420 - Cancellation of Surety's License; Substitution.

35-11-420. Cancellation of surety's license; substitution.
If the license to do business in Wyoming of any surety upon a bond filed pursuant to this act is suspended or revoked by any state authority then the operator, within thirty (30) days after receiving notice thereof, shall substitute a good and sufficient corporate surety licensed to do business in the state. Upon failure of the operator to make substitution of surety within a reasonable period of time, not to exceed sixty (60) days, the director shall suspend the permit of the operator to conduct operations upon the land described in the permit until proper substitution has been made.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-421 - Bond Forfeiture Proceedings.

35-11-421. Bond forfeiture proceedings.
(a) If the director determines that a performance bond should be forfeited because of any violation of this act, he shall, with the approval of the council, make formal request of the attorney general to begin bond forfeiture proceedings.
(b) The attorney general shall institute proceedings to forfeit the bond of any operator by providing written notice to the surety and to the operator that the bond will be forfeited unless the operator makes written demand to the council within thirty (30) days after his receipt of notice, requesting a hearing before the council. If no demand is made by the operator within thirty (30) days of his receipt of notice, then the council shall order the bond forfeited.
(c) The council shall hold a hearing within thirty (30) days after the receipt of the demand by the operator. At the hearing, the operator may present for the consideration of the council statements, documents and other information with respect to the alleged violation. At the conclusion of the hearing, the council shall either withdraw the notice of violation or enter an order forfeiting the bond.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-422 - Forfeited Bond Inadequate; Suit to Recover Reclamation Costs.

35-11-422. Forfeited bond inadequate; suit to recover reclamation costs.
If the forfeited bond is inadequate to cover the costs of the final reclamation program, the attorney general shall bring suit to recover the cost of the reclamation where recovery is deemed possible.