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2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-423 - Release of Bonds.

35-11-423. Release of bonds.
(a) No bond shall be finally released until the reclamation program has been completed and approved by the administrator. The director may retain a portion of the bond for at least five (5) years as provided in W.S. 35-11-417, or for so long thereafter as necessary to assure proper revegetation of the reclaimed areas, as provided for in the operator's reclamation plan.
(b) The retained portion of the bond may be returned to the operator at an earlier date if a release signed by the surface owner and approved by the administrator is obtained.
(c) When the operator has completed successfully all surface mining and reclamation activities, he may request release of the retained bond. Upon receipt of the notification and request and within sixty (60) days, the administrator shall inspect and evaluate the reclamation work and report his findings to the director. If the director finds the reclamation meets the requirements of this act, he shall notify the operator and order the state treasurer to release that portion of the final bond. The state treasurer shall then return the bond, cash or securities constituting that portion of the bond so retained. If the director does not approve of the reclamation performed by the operator, he shall notify the operator by registered mail within a reasonable time after the request is filed. The notice shall state the reasons for denial and shall recommend corrective actions. Upon correction of the noted deficiency, the director shall order the state treasurer to release the bond, cash or securities constituting that portion of the bond so retained.
(d) The council shall promulgate rules and regulations governing the release of bonds for surface coal mining operations in compliance with P.L. 95-87 as that law is worded on August 3, 1977, which shall be controlling notwithstanding other provisions of W.S. 35-11-417 and 35-11-423 to the contrary.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-424 - Deposit of Fees and Forfeitures.

35-11-424. Deposit of fees and forfeitures.
(a) All forfeitures collected under the provisions of this act shall be deposited with the state treasurer in a separate account for reclamation purposes.
(b) All fees shall be deposited with the state treasurer in the general fund.
(c) All fines and penalties collected under this act shall be paid to the state treasurer and credited as provided in W.S. 8-1-109.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-426 - In Situ Mineral Mining Permits and Testing Licenses.

35-11-426. In situ mineral mining permits and testing licenses.
(a) Any person desiring to engage in situ mineral mining or research and development testing is governed by this act.
(b) All provisions of this act applicable to a surface coal mining operation, as defined in W.S. 35-11-103(e)(xx), shall apply to coal in situ operations, regardless of whether such operations are connected with existing surface or underground coal mines, including research and development testing licenses, in addition to the requirements of W.S. 35-11-427 through 35-11-436.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-427 - In Situ Mining Permit; Permit Required; Authority of Land Quality Division Exclusive.

35-11-427. In situ mining permit; permit required; authority of land quality division exclusive.
Application for an in situ mining permit shall be made to the director. The director shall designate the land quality administrator as his representative on all matters concerning the application and all communications concerning review of and final action on the application for land, air and water quality divisions and solid waste management. Nothing herein shall be construed to limit the authority of the director on making the final decision on the permit application. No in situ mining operation shall be commenced or conducted unless a valid mining permit has been issued to the operator. Construction and completion of wells may be authorized prior to issuance of a mining permit or a research and development license pursuant to W.S. 35-11-404(g).
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-428 - In Situ Mining Permit; Requirements for Application; Contents of Application.

35-11-428. In situ mining permit; requirements for application; contents of application.
(a) Application for an in situ mining permit shall meet the requirements of W.S. 35-11-406(a)(i) through (vi) and (viii) through (xiv), and shall contain a description of the proposed permit area including the following information relating to the applicable in situ technology:
(i) Soils, vegetation, wildlife and surface hydrologic information consistent with the extent and nature of the proposed surface disturbance including descriptions of the soil, indigenous wildlife, natural gamma radiation background for lands to be impacted by radioactive materials, the vegetative cover, meteorological information and a description of any surface water and adjudicated water rights within the proposed permit area or on adjacent lands;
(ii) Geologic and groundwater hydrologic information including:
(A) A description of the general geology including geochemistry and lithology of the permit area;
(B) A characterization of the production zone and aquifers that may be affected including applicable hydrologic and water chemistry data to describe the projected effects of the mining activities.
(iii) A mine plan and a reclamation plan containing the information required by W.S. 35-11-406(b)(ii), (iv) and (viii) through (xix) and:
(A) A description of the mining techniques;
(B) A statement of the past, present and proposed postreclamation use of the land, groundwater and surface water;
(C) A site facility description of the typical design criteria relevant to environmental protection;
(D) A contour map which locates proposed equipment, facilities and appurtenances necessary to insure environmental protection;
(E) An assessment of impact to water resources on adjacent lands that may reasonably be expected and the steps that will be taken to mitigate the impact;
(F) Plans and procedures for environmental surveillance and excursion detection, prevention and control programs;
(G) Procedures for land reclamation including preparation procedures, proposed seeding lists and methods, drainage reestablishment details, post-mining contour map, methods to be used to conduct post-mining radiological evaluations and the methods for mitigating any significant subsidence which may occur as a result of the mining operation;
(H) Procedures for groundwater restoration; and
(J) Estimated costs of reclamation computed in accordance with established engineering principles.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-429 - In Situ Mining Permit; Contents of Permit.

35-11-429. In situ mining permit; contents of permit.
(a) Every permit shall:
(i) Require the operator to give verbal notice of an excursion to the administrator as soon as practical after the excursion is confirmed, followed by reasonable written notice;
(ii) Authorize the administrator to terminate or modify the mining operation if an excursion cannot be controlled or mitigated within the constraints specified in the permit;
(iii) Authorize the council upon the recommendation of the director to modify water quality criteria used for groundwater restoration when information made available after issuance of the permit warrants a modification;
(iv) Prohibit any significant change in mining technique, method of operation, recovery fluid used, mining and reclamation plans or other activities that would jeopardize reclamation or protection of any waters of the state unless a permit revision has been approved by the director pursuant to this act;
(v) Contain other conditions and requirements established by the director to employ the best practicable technology in carrying out this act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-430 - Duties of in Situ Mining Operator; Records; Annual Report.

35-11-430. Duties of in situ mining operator; records; annual report.
(a) The operator shall submit an annual report containing the general categories of environmental protection and reclamation information pursuant to W.S. 35-11-411.
(b) The operator shall maintain records at the mine site of all information resulting from monitoring activities required in the permit. The records shall state:
(i) The date, place, time and method of sampling and the personnel responsible for sampling;
(ii) The date on which analysis was performed and the personnel who performed the analysis;
(iii) Analytical techniques used; and
(iv) The results of the analysis.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-431 - Research and Development License; Renewal; Application.

35-11-431. Research and development license; renewal; application.
(a) A special license to conduct research and development testing may be issued by the administrator for a one (1) year period without a permit and may be renewed annually. An application for a research and development testing license shall be accompanied by a fee of twenty-five dollars ($25.00) and shall include:
(i) The information required by W.S. 35-11-406(a)(i) through (vi), (viii) and (x);
(ii) A description of the nature and scope of the testing activity, of general groundwater hydrology and general geology including the production zone;
(iii) A statement of the present and proposed postreclamation use of the land;
(iv) A reclamation plan which includes the method for groundwater restoration, a statement of the type of vegetation and manner of proposed revegetation or other surface treatment of the affected area and an estimate of the costs of reclamation;
(v) A timetable for the accomplishment of the reclamation plan;
(vi) All requirements of W.S. 35-11-406(j) and 35-11-406(p) or (q); and
(vii) Such other information as the administrator deems necessary or as good faith compliance with the provisions of this act requires.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-432 - Research and Development License; Grounds for Denial; Appeal.

35-11-432. Research and development license; grounds for denial; appeal.
The administrator may deny the special license to conduct research and development testing if he believes the application violates the purpose of this act. The decision of the administrator may be appealed through the director to the council.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-433 - Research and Development License; Bond Required; Release or Forfeiture; Review of License.

35-11-433. Research and development license; bond required; release or forfeiture; review of license.
(a) If a special license to conduct research and development testing is granted, the administrator shall require the licensee to provide a bond in an amount necessary to insure complete reclamation.
(b) A bond posted under the terms of this section shall be released upon completion of the reclamation program and an inspection by the administrator. Failure to comply with this act shall result in forfeiture of the bond.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-434 - Research and Development License; Notice of Incomplete Application; When Application Deemed Complete.

35-11-434. Research and development license; notice of incomplete application; when application deemed complete.
The administrator shall notify an applicant within ninety (90) days of submission of the application whether or not it is complete. If an application is incomplete, the administrator shall state in writing to the applicant the additional substantive information required.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-435 - Records to Be Filed on Completion; Abandoned Drill Holes.

35-11-435. Records to be filed on completion; abandoned drill holes.
(a) Upon completion of reclamation and abandonment by the operator, the operator shall record with the state engineer's office the location and nature of aquifers that have been affected by the in situ operation.
(b) Any abandoned drill hole shall be subject to the provisions of W.S. 35-11-404.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 4 - Land Quality › Section 35-11-436 - Existing in Situ Mining Permits.

35-11-436. Existing in situ mining permits.
Any operator who possesses an in situ mining permit and license to mine shall have a period of one (1) year within which to show compliance with the requirements of W.S. 35-11-426 through 35-11-436.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-501 - Duties of the Administrator of the Solid and Hazardous Waste Management Division.

35-11-501. Duties of the administrator of the solid and hazardous waste management division.
(a) In addition to the other powers and duties enumerated in this act, the director of the department through the administrator of the solid and hazardous waste management division shall coordinate the activities of all state agencies concerned with solid waste management and disposal. The administrator shall advise and consult with any person or municipality with respect to provisions of technical assistance in solid waste management technology, including collection, storage and disposal.
(b) The administrator of the solid and hazardous waste management division shall enforce and administer this article and the rules, regulations and standards promulgated under this article.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-505 - Existing Regulations Remain in Effect.

35-11-505. Existing regulations remain in effect.
The Wyoming solid waste management rules and regulations, promulgated by the council in 1975 and amended in 1980, shall remain in effect until amended, repealed or otherwise revised by the council.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-506 - Applications Subject to Penalty of Perjury.

35-11-506. Applications subject to penalty of perjury.
All applications submitted pursuant to this chapter shall be signed under oath subject to penalty of perjury by the applicant if an individual, by at least one (1) principal if the application is for a partnership or joint venture, or by at least two (2) principal officers if the application is for a corporation.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-508 - Recycling and Processing Requirements for Commercial Solid Waste Management Facilities.

35-11-508. Recycling and processing requirements for commercial solid waste management facilities.
(a) In recognition of the need to minimize unnecessary uses of the land for solid waste management, to allow for an effective ability for state oversight, regulation and inspection of solid wastes intended to be managed in the state and to conserve natural resources in accord with the policy and purpose of this act, commercial solid waste management facilities shall conform to the following operating practices:
(i) Solid wastes shall be screened by the facility operator in a manner approved by the director to assure to the maximum practical extent that wastes prohibited from disposal at the facility are not managed or disposed of at the facility. Management or disposal of any prohibited waste by a facility shall be cause for the council to issue a cessation order preventing continued receipt of solid wastes at the facility. The order shall remain in effect until the director approves a revised waste screening plan submitted by the facility operator which the director deems sufficient to prevent receipt of wastes prohibited from disposal at the facility;
(ii) Solid wastes shall be processed within the state to facilitate inspections of processing by the department, and removal and recovery of useful components of the waste stream as required by this section, using processes found to be acceptable in rules and regulations promulgated by the council including but not limited to grinding, shredding, incineration or composting;
(iii) Rules and regulations of the council shall establish minimum acceptable removal and recovery rates for useful components of the solid waste stream. Such rates may be established for the facility as a whole, or may differ for different components of the solid waste stream;
(iv) Following adoption by the council of rules and regulations to implement this section, disposal of useful components of the solid waste stream shall be prohibited at any land disposal facility in the state;
(v) Residues remaining following processing, separation and reclamation of useful components of the solid waste stream shall be treated, stored or disposed in compliance with the requirements of this act.
(b) For purposes of this section useful components of the solid waste stream include but are not limited to energy, glass, ferrous and nonferrous metals, paper products and organic matter.
(c) Compliance with the requirements of this section for commercial solid waste management facilities does not limit any other requirements which may be applicable to such facilities under the act, nor any applicable local rule or ordinance.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-509 - Lead Acid Batteries; Land Disposal Prohibited.

35-11-509. Lead acid batteries; land disposal prohibited.
(a) No person shall place a used lead acid battery in mixed municipal solid waste, discard or otherwise dispose of a lead acid battery except by delivery to an automotive battery retailer or wholesaler, to a collection or recycling facility authorized under the laws of Wyoming, or to a secondary lead smelter permitted by the environmental protection agency.
(b) No automotive battery retailer shall dispose of a used lead acid battery except by delivery to the agent of a battery wholesaler, to a battery manufacturer for delivery to a secondary lead smelter permitted by the environmental protection agency, to a collection or recycling facility authorized under the laws of Wyoming or to a secondary lead smelter permitted by the environmental protection agency.
(c) Each battery improperly disposed of shall constitute a separate violation.
(d) Each violation of this section is a misdemeanor subject to a fine not to exceed one hundred dollars ($100.00).
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-510 - Lead Acid Batteries; Collection for Recycling.

35-11-510. Lead acid batteries; collection for recycling.
(a) A person selling lead acid batteries at retail or offering lead acid batteries for retail sale in the state shall:
(i) Accept, at the point of transfer, in a quantity at least equal to the number of new batteries purchased per year, used lead acid batteries from customers, if offered by customers; and
(ii) Post written notice which shall be at least eight and one-half (8 1/2) inches by eleven (11) inches in size and shall contain the universal recycling symbol and the following language:
(A) It is illegal to discard a motor vehicle battery or other lead acid battery;
(B) Recycle your used batteries; and
(C) State law requires us to accept used motor vehicle batteries or other lead acid batteries for recycling in exchange for new batteries purchased.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-511 - Automotive Battery Retailers Required to Post Notice; Penalty.

35-11-511. Automotive battery retailers required to post notice; penalty.
The department shall produce, print and distribute the notices required by W.S. 35-11-510 to all places where lead acid batteries are offered for sale at retail. Failure to post the required notice shall subject the establishment to a fine of one hundred dollars ($100.00).
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-512 - Lead Acid Battery Wholesalers.

35-11-512. Lead acid battery wholesalers.
Any person selling new lead acid batteries at wholesale shall accept, at the point of transfer, in a quantity at least equal to the number of new batteries purchased per year, used lead acid batteries from customers, if offered by customers. A person accepting batteries in transfer from an automotive battery retailer shall be allowed a period not to exceed one hundred twenty (120) days to remove batteries from the retail point of collection.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-513 - Penalties.

35-11-513. Penalties.
Violations of W.S. 35-11-510 and 35-11-512 are misdemeanors subject to a penalty of up to seven hundred fifty dollars ($750.00).
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-514 - Approval of Commercial Solid Waste Management, Commercial Incineration and Disposal Facilities.

35-11-514. Approval of commercial solid waste management, commercial incineration and disposal facilities.
(a) No construction shall commence of, nor shall any wastes be accepted or received at, any commercial solid waste management facility, or any commercial waste incineration or disposal facility subject to regulation under W.S. 35-12-102(a)(vii) unless the facility has been approved by resolution of the board of county commissioners of the county where the proposed facility is to be located. The county commissioners shall hold one (1) or more public hearings before making their decision. The county commissioners shall publish notice of each hearing in a newspaper of general circulation in the area of the proposed facility once each week for at least two (2) consecutive weeks prior to the hearing. The board of county commissioners may authorize a proposed facility upon considering that the facility:
(i) Is necessary and meets industrial, socioeconomic or municipal needs for additional capacity to manage wastes;
(ii) Reduces industry or municipal reliance on waste management methods which would be less suitable for the protection of the environment or public health than would be possible by the proposed facility; and
(iii) Employs the best available technology to protect public health, safety and the environment, and is located so as to ensure maximum protection of public health, safety and the environment as compared to other alternative methods and locations.
(b) Nothing in this section shall be construed as exempting any commercial solid waste management facility, or any commercial waste incineration or disposal facility from any other provision of this act or the Industrial Development and Information Siting Act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-518 - Prior Federal Court Orders and Administrative Orders.

35-11-518. Prior federal court orders and administrative orders.
(a) The department may become a party to, or assume the rights and duties of the federal government for, any federal court order which has been issued pursuant to subtitle C of the Resource Conservation and Recovery Act, P.L. 94-580, prior to the effective date of the authorization of the state hazardous waste program under that subtitle. Any person subject to a prior federal court order issued pursuant to subtitle C of the Resource Conservation and Recovery Act, shall not be subject to any additional, conflicting or more restrictive remedial or corrective action order or requirement under this act with respect to the hazardous waste management unit, solid waste management unit or area of concern that is the subject of the federal court order, unless required to comply with new requirements adopted under the Resource Conservation and Recovery Act. If the department becomes a party to, or assumes the rights and duties of the federal government for, any prior federal court order, the department shall be governed by, and subject to, the dispute resolution procedures of the federal court which retains jurisdiction for the order and may, within those procedures and under the law governing the federal order, seek any remedy, change, amendment or other relief relating to the order.
(b) The department may issue an administrative order which is equivalent to any federal administrative order which has been issued pursuant to subtitle C of the Resource Conservation and Recovery Act, prior to the effective date of the authorization of the state hazardous waste program under that subtitle. The limitations regarding stringency contained in subsection (a) of this section apply to orders issued under this subsection. Following the issuance of any order under this subsection, any disputes concerning implementation of the order shall be resolved by appeal to the council as provided by this act. Any person aggrieved or adversely affected in fact by a final decision of the council is entitled to judicial review in accordance with the Wyoming Administrative Procedure Act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-519 - Hazardous Waste Corrective Action Requirements.

35-11-519. Hazardous waste corrective action requirements.
Corrective action requirements applicable to any hazardous waste management facility shall be consistent with, and equivalent to, corrective action requirements contained in rules and regulations adopted by the United States environmental protection agency under authority of subtitle C of the Resource Conservation and Recovery Act, P.L. 94-580, as amended by the hazardous and solid waste amendments of 1984, P.L. 98-616, and as they may be hereafter amended.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-520 - Termination of State Regulation of Hazardous Waste Generators and Transporters; Procedures.

35-11-520. Termination of state regulation of hazardous waste generators and transporters; procedures.
(a) The department shall report to the legislature any reduction in federal hazardous waste grant funds supplied to the state under section 3011 of the Resource Conservation and Recovery Act (42 U.S.C. 6931), which results in the need for additional state funds, exclusive of fees under W.S. 35-11-517, to administer W.S. 35-11-516 through 35-11-520.
(b) The provisions of W.S. 35-11-516 through 35-11-519 shall not be effective one hundred eighty (180) days after the adjournment of the legislative session next following the submission of a report under subsection (a) of this section, unless the legislature appropriates the additional funds required. The expiration of the state program pursuant to this subsection shall be subject to the following:
(i) The annual fee collected by the department under W.S. 35-11-517 shall be remitted to the facility owner on a prorated basis upon termination of regulation by the state under this section;
(ii) The department shall vacate any order issued to any generator or transporter to enforce any provision of W.S. 35-11-516 through 35-11-519;
(iii) The state attorney general may continue to prosecute any action based on alleged violations of W.S. 35-11-516 through 35-11-519 which was filed prior to the adjournment of the legislative session referred to in subsection (b) of this section.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-521 - Grants for Municipal Solid Waste Landfill Monitoring.

35-11-521. Grants for municipal solid waste landfill monitoring.
(a) Subject to the availability of funds, the director shall provide grants toward the costs of performing activities specified in subsection (b) of this section to local governmental entities who own or are responsible for any municipal solid waste landfill, for any project where a work plan has been submitted to the department for work performed or initiated after July 1, 2005.
(b) Grant funding under this section may be provided at existing or closed municipal solid waste landfills for the following activities:
(i) Conducting surface or subsurface geophysical studies to determine proper monitor system placement and to provide an indication of the presence or absence of groundwater beneath and adjacent to the landfill;
(ii) Preparing plans for installation of systems to monitor or detect releases of subsurface pollutants from landfills;
(iii) Installing new monitor systems or upgrading existing monitor systems to meet standards for the systems established by the department under this article; and
(iv) Collecting and analyzing samples from monitor systems installed under paragraph (iii) of this subsection, for a period of time sufficient to determine if there have been releases of subsurface pollutants from the landfill for any landfill which ceased receipt of solid wastes before September 13, 1989.
(c) Grants for eligible costs under subsection (b) of this section may be awarded:
(i) For up to fifty percent (50%) of the eligible costs; or
(ii) For up to seventy-five percent (75%) of eligible costs for applicants meeting the following criteria:
(A) Municipalities with a population of less than one thousand three hundred (1,300) or which are located within a county where the three (3) year average of the total local government share of state sales and use tax per capita is less than seventy percent (70%) of the statewide per capita average; or
(B) Counties, solid waste disposal districts, joint powers boards, and special purpose districts located within a county with a total assessed valuation of less than two and one-half percent (2.5%) of the state's total assessed valuation.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-522 - Grant Criteria; Submission and Review of Grant Applications; Recommendation From Water and Waste Advisory Board; Grant Awards.

35-11-522. Grant criteria; submission and review of grant applications; recommendation from water and waste advisory board; grant awards.
(a) Following public notice and hearing before the water and waste advisory board, the department shall adopt criteria for awarding grants under W.S. 35-11-521.
(b) When funds are available, applications for grants under W.S. 35-11-521 shall be submitted in a form approved by the department. The department shall review all grant applications, determine the eligibility of projects in accordance with W.S. 35-11-521 and provide recommendations for grant funding to the water and waste advisory board.
(c) Following a public hearing, the water and waste advisory board shall provide recommendations for grant awards to the director.
(d) The director shall award grants in consideration of recommendations provided by the water and waste advisory board.
(e) Repealed By Laws 2011, Ch. 110, 3.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-523 - Annual Report.

35-11-523. Annual report.
(a) Effective January 1, 2012, every operator shall file an annual report with the administrator on or within thirty (30) days prior to the anniversary date of each lifetime permit. The report shall include:
(i) The facility name, 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 landfill operations have been carried out;
(B) The progress of all landfill work;
(C) The extent to which regulatory requirements, expectations and predictions made in the original permit or any previous annual reports have been fulfilled, and any deviation there from, including but not limited to the capacity of landfill used, the results of any environmental monitoring, any remediation required or completed and the remaining usable municipal solid waste landfill capacity.
(iii) A revised schedule or timetable of landfill operations and an estimate of the available capacity 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 deemed necessary. If the administrator objects to any part of the report or requires further information he shall notify the operator as soon as possible and shall allow a reasonable opportunity to provide the required information, or take such action as necessary to resolve the objection.
(c) Within forty-five (45) days after the receipt of the annual report the administrator shall conduct an inspection of the landfill. A report of this inspection shall be made a part of the operator'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 landfill operation plan and solid waste management plan as set forth in the permit, or as amended to adjust to conditions encountered during landfill operations as provided by law, the director shall determine if any adjustment is necessary to the size of the bond required pursuant to W.S. 35-11-504.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-524 - Municipal Solid Waste Landfill Assessments; Priority List; Monitoring.

35-11-524. Municipal solid waste landfill assessments; priority list; monitoring.
(a) The department shall conduct an assessment of the needs for municipal solid waste landfill monitoring and the necessity for any remediation on leaking municipal solid waste landfills in Wyoming.
(b) The department shall establish a priority list for municipal solid waste landfills that need remediation. The criteria used to establish this priority list shall be developed and reviewed with the water and waste advisory board. The criteria shall include, but not be limited to the:
(i) Type of leachate;
(ii) Volume of leachate;
(iii) Proximity of the leachate to the nearest surface or ground water;
(iv) Ability of the responsible municipality to remediate the contamination;
(v) The nature of contaminants in surface or ground water affected by the municipal solid waste landfill, including whether a contaminant is naturally occurring or manmade; and
(vi) Maximum contaminant levels.
(c) For high priority sites identified on the list established under subsection (b) of this section, the department shall work with the local managers of the high priority municipal solid waste landfills to gather data necessary for the report due under subsection (d) of this section.
(d) The department shall submit to the joint minerals, business and economic development interim committee:
(i) No later than December 31, 2012, an initial report describing an assessment of the clean-up costs at the high priority municipal solid waste landfills;
(ii) No later than June 30, 2013, and annually thereafter, a report including, but not limited to:
(A) Monitoring results;
(B) Remediation results;
(C) The assessment of the clean-up costs at municipal solid waste landfills, including high, medium and low priority landfills;
(D) Estimated high priority sites to be addressed in the coming year;
(E) Orphan landfill sites information and data as required pursuant to W.S. 35-11-525(e).
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-525 - Orphan Landfill Sites.

35-11-525. Orphan landfill sites.
(a) The director may expend funds contained within the account for remediation of orphan landfill sites and the performance of any other activity as defined in this article.
(b) As used in this section, "orphan landfill site" means:
(i) A landfill where the department determines:
(A) There is no viable party responsible for causing or contributing to the landfill site; and
(B) The landfill site is not the result of activities conducted on the site after September 13, 1989.
(ii) A landfill site, where the department determines that the person responsible for the landfill cannot be identified;
(iii) A landfill site where the department must take prompt action to prevent hazards to human health or the environment where a responsible party fails to act promptly.
(c) To the extent funds are available, the department may expend funds from the account to conduct orphan landfill site evaluations and testing, evaluate remedial measures, select remediation requirements and construct, install, maintain and operate systems to remedy contamination in accordance with a remediation work plan prescribed by the director for the orphan landfill site.
(d) Revenue to the account shall include any monies which may be deposited in the account for use in identification, characterization, prioritization, remediation and monitoring of orphan landfill sites. The liability of the state to fulfill the requirements of this section is limited to the amount of funds available in the account.
(e) The department shall provide a report to the joint appropriations interim committee and the joint minerals, business and economic development interim committee. The report shall be included in the report required under W.S. 35-11-524(d) and shall include:
(i) The work completed on the identification, characterization, prioritization, remediation and monitoring of orphan landfill sites within the state;
(ii) The estimated funding need for the identification, characterization, prioritization, remediation and monitoring of orphan landfill sites within the state for:
(A) The next year or the next biennium, as applicable; and
(B) The next ten (10) years.
(f) In any case under paragraph (b)(iii) of this section where the department expends funds to remediate or contain contamination resulting from a landfill, and where the department has identified a responsible party, the responsible party shall reimburse the department in an amount equal to two (2) times the expenditure from the account. The attorney general shall bring suit to recover the reimbursement amount required in this subsection where recovery is deemed possible.
(g) For purposes of this section, "account" means the account created under W.S. 35-11-515(a).
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-526 - Performance Based Design and Performance Based Evaluation in Consideration and Approval of Engineered Containment Systems as Part of Municipal Solid Waste Landfill Permits.

35-11-526. Performance based design and performance based evaluation in consideration and approval of engineered containment systems as part of municipal solid waste landfill permits.
(a) A person submitting an application for a permit pursuant to W.S. 35-11-502 which contains a performance based design for a municipal solid waste landfill that does not incorporate an engineered containment system utilizing a composite liner and leachate collection system, shall submit a report with the application. The report shall contain the applicant's findings as to the proposed performance based design's compliance with applicable state and federal laws and regulations. The report shall contain scientific and engineering data supporting the implementation of the proposed design.
(b) In reviewing scientific and engineering data related to a permit application and report containing a performance based design which does not incorporate an engineered containment system utilizing a composite liner and leachate collection system, the administrator shall prepare a detailed performance evaluation based on applied scientific and engineering data that adheres to W.S. 35-11-527. The administrator shall determine in the performance evaluation whether to validate or invalidate the performance based design or an alternative performance based standard for landfill design contained in the permit application. The administrator shall base the performance based evaluation on acceptable applied scientific and engineering data and an analysis of that data using statistical procedures, including statistical power, when applicable.
(c) The applicant or other interested party may appeal the administrator's determination contained in a performance based evaluation of a permit pursuant to W.S. 35-11-502. If the council determines that the performance based evaluation does not accurately or adequately identify and evaluate all the data and criteria required under this section and W.S. 35-11-527, the council shall direct the administrator to reevaluate his determination. A decision by the council that the performance based evaluation is accurate and adequate shall be a final decision of the agency pursuant to the Wyoming Administrative Procedure Act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-527 - Performance Based Design Evaluation Criteria for Municipal Solid Waste Landfill Units.

35-11-527. Performance based design evaluation criteria for municipal solid waste landfill units.
(a) New municipal solid waste landfill units and lateral expansions approved by the administrator under W.S. 35-11-502 and 35-11-526 shall be constructed:
(i) In accordance with a performance based design approved by the administrator in a performance based evaluation pursuant to W.S. 35-11-526. Any performance based design approved must ensure that the concentration values for pollutants listed in the National Primary Drinking Water Regulations, 40 C.F.R. Part 141, will not be exceeded in the uppermost aquifer at the relevant point of compliance as determined under subsection (c) of this section; or
(ii) With an engineered containment system that utilizes a composite liner and a leachate collection system that is designed and constructed to maintain less than a thirty (30) centimeter depth of leachate over the liner.
(b) When approving a design that complies with paragraph (a)(i) of this section, in addition to the requirements of W.S. 35-11-526 the administrator shall consider other relevant factors, including, but not limited to:
(i) The hydrogeologic characteristics of the facility and surrounding land;
(ii) The climatic factors of the area; and
(iii) The physical and chemical characteristics and volume of the leachate.
(c) The relevant point of compliance specified by the administrator for the allowable concentration values for pollutants under paragraph (a)(i) of this section shall be no more than one hundred fifty (150) meters from the waste management unit boundary and shall be located on land owned by the owner of the municipal solid waste landfill. In determining the relevant point of compliance, the administrator shall consider at least the following factors:
(i) The hydrogeologic characteristics of the facility and surrounding land;
(ii) The physical and chemical characteristics and volume of the leachate;
(iii) The quantity, quality and direction of flow of ground water in the area;
(iv) The proximity and withdrawal rate of ground water users;
(v) The availability of alternative sources of drinking water supplies;
(vi) The existing quality of the ground water, including other sources of contamination and their cumulative impacts on the ground water and whether the ground water is currently used or reasonably expected to be used for drinking water;
(vii) Public health, safety and welfare effects; and
(viii) Practicable capability of the owner or operator.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-529 - Municipal Solid Waste Facilities Cease and Transfer Accounts Created; Authorized Expenditures From the Accounts.

35-11-529. Municipal solid waste facilities cease and transfer accounts created; authorized expenditures from the accounts.
(a) There is created the municipal solid waste cease and transfer grant account. Monies from the account shall be awarded for grants to fund approved activities pursuant to W.S. 35-11-528. Interest earned by this account shall be deposited in the budget reserve account. 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) There is created the municipal solid waste cease and transfer loan account. Monies from the account shall be awarded for loans to fund approved activities pursuant to W.S. 35-11-528. Interest earned by this account shall be deposited in the budget reserve account. 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.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 11 - Environmental Quality › Article 5 - Solid Waste Management › Section 35-11-530 - Rules and Regulations.

35-11-530. Rules and regulations.
(a) The state loan and investment board in consultation with the department of environmental quality shall promulgate rules and regulations necessary to administer the municipal solid waste facility cease and transfer program. Those rules shall include:
(i) Criteria for eligibility under the program based on W.S. 35-11-528(d);
(ii) Specific cease and transfer activities which are eligible for funding under the program;
(iii) Application form and procedure under the program;
(iv) Criteria for grant and loan prioritization based on:
(A) Funding availability;
(B) Cost efficiencies achieved by allocation of resources;
(C) Opportunities for increased cost sharing between cease and transfer actions at multiple leaking municipal solid waste facilities;
(D) Timeliness of cease and transfer actions in reducing risk to public health, safety and welfare or the environment;
(E) Remaining life of the existing municipal solid waste facility;
(F) Whether the proposed actions are a cost-effective alternative in accordance with the integrated solid waste management plan approved for the municipal solid waste facility;
(G) Whether the proposed action is reasonable and appropriate for the current and projected volumes of all solid waste for the area served by the facility;
(H) Whether the proposal contains recycling and other forms of waste diversion as a component of the proposed facilities and management practices; and
(J) The likelihood that the cease and transfer actions will reduce or eliminate the threat posed to public health, safety and welfare or the environment by continuing releases.