State Codes and Statutes

Statutes > Wyoming > Title35 > Chapter11

CHAPTER 11 - ENVIRONMENTAL QUALITY

 

ARTICLE 1 - GENERAL PROVISIONS

 

35-11-101. Short title.

 

Thisact shall be known and may be cited as the "Wyoming Environmental QualityAct".

 

35-11-102. Policy and purpose.

 

Whereaspollution of the air, water and land of this state will imperil public healthand welfare, create public or private nuisances, be harmful to wildlife, fishand aquatic life, and impair domestic, agricultural, industrial, recreationaland other beneficial uses; it is hereby declared to be the policy and purposeof this act to enable the state to prevent, reduce and eliminate pollution; topreserve, and enhance the air, water and reclaim the land of Wyoming; to planthe development, use, reclamation, preservation and enhancement of the air,land and water resources of the state; to preserve and exercise the primaryresponsibilities and rights of the state of Wyoming; to retain for the statethe control over its air, land and water and to secure cooperation betweenagencies of the state, agencies of other states, interstate agencies, and thefederal government in carrying out these objectives.

 

35-11-103. Definitions.

 

(a) For the purpose of this act, unless the context otherwiserequires:

 

(i) "Department" means the department ofenvironmental quality established by this act;

 

(ii) "Council" means the environmental quality councilestablished by this act;

 

(iii) "Director" means the director of the departmentof environmental quality;

 

(iv) "Board" means one (1) or more of the advisoryboards in each division of air, land, or water quality;

 

(v) "Administrator" means the administrator of eachdivision of the department;

 

(vi) "Person" means an individual, partnership, firm,association, joint venture, public or private corporation, trust, estate,commission, board, public or private institution, utility, cooperative,municipality or any other political subdivision of the state, or any interstatebody or any other legal entity;

 

(vii) "Aggrieved party" means any person named oradmitted as a party or properly seeking or entitled as of right to be admittedas a party to any proceeding under this act because of damages that person maysustain or be claiming because of his unique position in any proceeding heldunder this act;

 

(viii) "Interstate agency" means an agency of two (2) ormore states established by or pursuant to an agreement or compact approved bythe United States Congress or any other agency of two (2) or more states,having substantial powers or duties pertaining to the control of air, land orwater pollution;

 

(ix) "Municipality" means a city, town, county,district, association or other public body;

 

(x) "Nonpoint source" means any source of pollutionother than a point source. For purposes of W.S. 16-1-201 through 16-1-207only, nonpoint source includes leaking underground storage tanks as defined byW.S. 35-11-1415(a)(ix) and aboveground storage tanks as defined by W.S.35-11-1415(a)(xi);

 

(xi) "Point source" means any discernible, confinedand discrete conveyance, including but not limited to any pipe, ditch, channel,tunnel, conduit, well, discrete fissure, container, rolling stock, concentratedanimal feeding operation or vessel or other floating craft, from whichpollutants are or may be discharged;

 

(xii) The singular includes the plural, the plural the singular,and the masculine and feminine or neuter, when consistent with the intent ofthis act and necessary to effect its purpose;

 

(xiii) "This act" means W.S. 35-11-101 through35-11-403, 35-11-405, 35-11-406, 35-11-408 through 35-11-1106, 35-11-1414through 35-11-1428, 35-11-1601 through35-11-1613, 35-11-1701 and 35-11-1801 through 35-11-1803.

 

(b) Specific definitions applying to air quality:

 

(i) "Air contaminant" means odorous material, dust,fumes, mist, smoke, other particulate matter, vapor, gas or any combination ofthe foregoing, but shall not include steam or water vapor;

 

(ii) "Air pollution" means the presence in the outdooratmosphere of one (1) or more air contaminants in such quantities and durationwhich may be injurious to human health or welfare, animal or plant life, orproperty, or unreasonably interferes with the enjoyment of life or property;

 

(iii) "Clean Air Act" means the federal Clean Air Actof 1977, as amended by P.L. 101-549;

 

(iv) "Emission" means a release into the outdooratmosphere of air contaminants;

 

(v) "Operating permit program" means the permittingprogram authorized by W.S. 35-11-203 through 35-11-212 implementing a stateplan pursuant to the 1990 amendments to the Clean Air Act;

 

(vi) "Stationary source" means any building,structure, facility or installation which emits or may emit any air contaminant.

 

(c) Specific definitions applying to water quality:

 

(i) "Pollution" means contamination or otheralteration of the physical, chemical or biological properties of any waters ofthe state, including change in temperature, taste, color, turbidity or odor ofthe waters or any discharge of any acid or toxic material, chemical or chemicalcompound, whether it be liquid, gaseous, solid, radioactive or other substance,including wastes, into any waters of the state which creates a nuisance orrenders any waters harmful, detrimental or injurious to public health, safety orwelfare, to domestic, commercial, industrial, agricultural, recreational orother legitimate beneficial uses, or to livestock, wildlife or aquatic life, orwhich degrades the water for its intended use, or adversely affects theenvironment. This term does not mean water, gas or other material which isinjected into a well to facilitate production of oil, or gas or water, derivedin association with oil or gas production and disposed of in a well, if thewell used either to facilitate production or for disposal purposes is approvedby authority of the state, and if the state determines that such injection ordisposal well will not result in the degradation of ground or surface or waterresources;

 

(ii) "Wastes" means sewage, industrial waste and allother liquid, gaseous, solid, radioactive, or other substances which maypollute any waters of the state;

 

(iii) "Sewerage system" means pipelines, conduits,storm sewers, pumping stations, force mains, and all other constructions,devices, appurtenances and facilities used for collecting or conducting wastesto an ultimate point for treatment or disposal;

 

(iv) "Treatment works" means any plant or other worksused for the purpose of treating, stabilizing or holding wastes;

 

(v) "Disposal system" means a system for disposing ofwastes, either by surface or underground methods, including sewerage systems,treatment works, disposal wells, and absorption fields;

 

(vi) "Waters of the state" means all surface andgroundwater, including waters associated with wetlands, within Wyoming;

 

(vii) "Discharge" means any addition of any pollutionor wastes to any waters of the state;

 

(viii) "Public water supply" means a system for theprovision to the public of water for human consumption through pipes orconstructed conveyances, if such system has at least fifteen (15) serviceconnections or regularly serves at least twenty-five (25) individuals. Publicwater supply shall include:

 

(A) Any collection, treatment, storage and distributionfacility under control of the operator of the facility and used primarily inconnection with the system; and

 

(B) Any collection or pretreatment storage facilities not underthe control of the operator which are used primarily in connection with thesystem.

 

(ix) "Small wastewater system" means any seweragesystem, disposal system or treatment works having simple hydrologic andengineering needs which is intended for wastes originating from a singleresidential unit serving no more than four (4) families or which distributestwo thousand (2,000) gallons or less of domestic sewage per day;

 

(x) "Wetlands" means those areas in Wyoming havingall three (3) essential characteristics:

 

(A) Hydrophytic vegetation;

 

(B) Hydric soils; and

 

(C) Wetland hydrology.

 

(xi) "Compensatory mitigation" means replacement,substitution or enhancement of ecological functions and wetland values tooffset anticipated losses of those values caused by filling, draining orotherwise damaging a wetland;

 

(xii) "Ecological function" means the ability of anarea to support vegetation and fish and wildlife populations, rechargeaquifers, stabilize base flows, attenuate flooding, trap sediment and remove ortransform nutrients and other pollutants;

 

(xiii) "Mitigation" means all actions to avoid,minimize, restore and compensate for ecological functions or wetland valueslost;

 

(xiv) "Natural wetlands" means those wetlands thatoccur independently of human manipulation of the landscape;

 

(xv) "Man-made wetlands" means those wetlands that arecreated intentionally or occur incidental to human activities, and includes anyenhancement made to an existing wetland which increases its function or value;

 

(xvi) "Wetland value" means those socially significantattributes of wetlands such as uniqueness, heritage, recreation, aesthetics anda variety of economic values;

 

(xvii) "Community water system" means a public watersupply that has at least fifteen (15) service connections used year-round byresidents or that regularly provides water to at least twenty-five (25)residents year-round, including, but not limited to, municipalities and waterdistricts;

 

(xviii) "Nontransient noncommunity water system" means apublic water supply which is not a community water system and which regularlyprovides service to at least twenty-five (25) of the same persons for more thansix (6) months of the year where those persons are not full-time residents,including, but not limited to, schools, factories and office buildings;

 

(xix) "Credible data" means scientifically valid chemical,physical and biological monitoring data collected under an accepted samplingand analysis plan, including quality control, quality assurance procedures andavailable historical data;

 

(xx) "Geologic sequestration" means the injection ofcarbon dioxide and associated constituents into subsurface geologic formationsintended to prevent its release into the atmosphere;

 

(xxi) "Geologic sequestration site" means theunderground geologic formations where the carbon dioxide is intended to bestored;

 

(xxii) "Geologic sequestration facilities" means thesurface equipment used for transport, storage and injection of carbon dioxide.

 

(d) Specific definitions applying to solid waste management:

 

(i) "Solid waste" means garbage, and other discardedsolid materials, materials, including solid waste materials resulting fromindustrial, commercial, and agricultural operations, and from communityactivities, but, unless disposed of at a solid waste management facility, doesnot include:

 

(A) Solids or dissolved material in domestic sewerage or othersignificant pollutants in water resources, such as silt, dissolved or suspendedsolids in industrial waste water effluents, dissolved materials in irrigationreturn flows or other common water pollutants;

 

(B) Liquids, solids, sludges or dissolved constituents whichare collected or separated in process units for recycling, recovery or reuseincluding the recovery of energy, within a continuous or batch manufacturing orrefining process; or

 

(C) Agricultural materials which are recycled in the productionof agricultural commodities.

 

(ii) "Solid waste management facility" means anyfacility for the transfer, treatment, processing, storage or disposal of solidwaste, but does not include:

 

(A) Lands or facilities subject to the permitting requirementsof article 3 of this act;

 

(B) Facilities which would have been subject to the permittingrequirements of article 3 of this act if constructed after July 1, 1973;

 

(C) Any facility described under W.S. 30-5-104(d)(vi)(A) or(B);

 

(D) Lands and facilities subject to the permitting requirementsof article 2, 3 or 4 of this act used solely for the management of wastesgenerated within the boundary of the permitted facility or mine operation bythe facility or mine owner or operator or from a mine mouth electric powerplant or coal drier;

 

(E) Lands and facilities owned by a person engaged in farmingor ranching and used to dispose of solid waste generated incidental to hisfarming and ranching operations; or

 

(F) Transport vehicles, storage containers and treatment of thewaste in containers.

 

(iii) "Cost effective" means the selection ofalternative responses taking into account total short-term and long-term costsof those responses including the costs of operation and maintenance for theentire activity, the presence of naturally occurring hazardous or toxicsubstances, current or potential uses of the natural resources impacted;

 

(iv) "Commercial solid waste management facility"means any facility receiving a monthly average greater than five hundred (500)short tons per day of unprocessed household refuse or mixed household andindustrial refuse for management or disposal;

 

(v) "Commercial radioactive waste managementfacility" means any facility used or intended to be used to receive fordisposal, storage, reprocessing or treatment, any amount of radioactive wasteswhich are generated by any person other than the facility owner or operator, orwhich are generated at a location other than the location of the facility, butdoes not include:

 

(A) Uranium mill tailings facilities licensed by the UnitedStates Nuclear Regulatory Commission which receive in situ leaching uraniummining by-product materials or are specifically authorized by the department ona limited basis to receive small quantities of wastes defined in section 11e(2)of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)) which weregenerated by persons other than the facility owner or operator or which weregenerated at a location other than the location of the facility, or both; and

 

(B) Facilities used for the temporary storage of radioactivewastes generated by the facility owner or operator, including facilities forthe temporary storage of naturally occurring radioactive materials generatedduring the course of oil or natural gas exploration or production, provided thestorage of radioactive wastes is in compliance with applicable state andfederal law; and

 

(C) Permitted solid waste disposal facilities which areauthorized by the director to receive small quantities of radioactive wastescontaining only naturally occurring radioactive materials, or which receiveradioactive materials that have been exempted from regulation under section 10of the Low-Level Radioactive Waste Policy Amendments Act of 1985, 42 U.S.C. 2021j, or both if found by the department not to threaten human health and theenvironment; and

 

(D) Federally owned facilities used exclusively for thestorage, reprocessing or treatment of spent reactor fuel;

 

(E) Facilities licensed by the United States nuclear regulatorycommission whose sole purpose is to receive in situ leaching uranium miningby-product materials as defined in section 11(e)(2) of the Atomic Energy Act of1954 (42 U.S.C. 2014(e)(2)).

 

(vi) "Long term remediation and monitoring trust" means atrust account established to provide funding for perpetual monitoring,maintenance and remediation of any commercial radioactive waste managementfacility. The adequacy of the initial and subsequent funding, including thequality of any bond or letter of credit, shall be determined jointly by thedirector, the insurance commissioner and the attorney general. Expendituresfrom the trust shall be only for commercial radioactive waste regulation,monitoring and remediation;

 

(vii) "Hazardous waste" means any liquid, solid,semisolid or contained gaseous waste or combination of those wastes whichbecause of quantity, concentration or physical, chemical or infectiouscharacteristics may cause or significantly contribute to detrimental humanhealth effects, or pose a substantial present or potential hazard to humanhealth or the environment. Only those materials listed as hazardous wastes bythe United States environmental protection agency's hazardous waste managementregulations or which exhibit a hazardous waste characteristic specified by theenvironmental protection agency shall be considered hazardous wastes. Hazardous waste does not include those hazardous wastes exempted under theResource Conservation and Recovery Act, P.L. 94-580, or under the United Statesenvironmental protection agency's hazardous waste management regulations forthe period that they remain exempted by congressional or administrative action.

 

(e) Specific definitions for land quality:

 

(i) "Reclamation" means the process of reclaiming anarea of land affected by mining to use for grazing, agricultural, recreational,wildlife purposes, or any other purpose of equal or greater value. The processmay require contouring, terracing, grading, resoiling, revegetation, compactionand stabilization, settling ponds, water impoundments, diversion ditches, andother water treatment facilities in order to eliminate water diminution to theextent that existing water sources are adversely affected, pollution, soil andwind erosion, or flooding resulting from mining or any other activity toaccomplish the reclamation of the land affected to a useful purpose;

 

(ii) "Minerals" means coal, clay, stone, sand, gravel,bentonite, scoria, rock, pumice, limestone, ballast rock, uranium, gypsum,feldspar, copper ore, iron ore, oil shale, trona, and any other materialremoved from the earth for reuse or further processing;

 

(iii) "Contouring" means grading or backfilling andgrading the land affected and reclaiming it to the proposed future use withadequate provisions for drainage. Depressions to accumulate water are notallowed except if approved as part of the reclamation plan;

 

(iv) "Overburden" means all of the earth and othermaterials which lie above the mineral deposit and also means such earth and othermaterials disturbed from their natural state in the process of mining, ormining from exposed natural deposits;

 

(v) "Underground mining" means the mining of mineralsby man-made excavation underneath the surface of the earth;

 

(vi) "Pit" means a tract of land from which overburdenhas been or is being removed for the purpose of surface mining or mining froman exposed natural deposit;

 

(vii) "Adjacent lands" means all lands within one-halfmile of the proposed permit area;

 

(viii) "Operation" means all of the activities,equipment, premises, facilities, structures, roads, rights-of-way, waste andrefuse areas excluding uranium mill tailings and mill facilities, within theNuclear Regulatory Commission license area, storage and processing areas, andshipping areas used in the process of excavating or removing overburden andminerals from the affected land or for removing overburden for the purpose ofdetermining the location, quality or quantity of a natural mineral deposit orfor the reclamation of affected lands;

 

(ix) "Operator" means any person, as defined in thisact, engaged in mining, either as a principal who is or becomes the owner ofminerals as a result of mining, or who acts as an agent or independentcontractor on behalf of such principal in the conduct of mining operations;

 

(x) "Surface mining" means the mining of minerals byremoving the overburden lying above natural deposits thereof and miningdirectly from the natural deposits thereby exposed, including strip, open pit,dredging, quarrying, surface leaching, and related activities;

 

(xi) "Mining permit" means certification by thedirector that the affected land described may be mined for minerals by alicensed operator in compliance with an approved mining plan and reclamationplan. No mining may be commenced or conducted on land for which there is not ineffect a valid mining permit. A mining permit shall remain valid and in forcefrom the date of its issuance until the termination of all mining and reclamationoperations, except as otherwise provided in this act;

 

(xii) "Spoil pile" means the overburden or any rejectminerals as piled or deposited by surface or underground mining;

 

(xiii) "A license to mine for minerals" means thecertification from the administrator that the licensee has the right to conductmining operations on the subject lands in compliance with this act; for which avalid permit exists; that he has deposited a bond conditioned on his faithfulfulfillment of the requirements thereof; and that upon investigation theadministrator has determined that the licensed mining operation is within thepurposes of this act;

 

(xiv) "Topsoil" means soil on the surface prior to miningthat will support plant life;

 

(xv) "Exploration by dozing" means the removal ofoverburden by trenching with a bulldozer or other earth moving equipment toexpose possible indications of mineralization;

 

(xvi) "Affected land" means the area of land from whichoverburden is removed, or upon which overburden, development waste rock orrefuse is deposited, or both, including access roads, haul roads, mineralstockpiles, mill tailings excluding uranium mill tailings, and mill facilities,within the Nuclear Regulatory Commission license area, impoundment basinsexcluding uranium mill tailings impoundments, and all other lands whose naturalstate has been or will be disturbed as a result of the operations;

 

(xvii) "Refuse" means all waste material directlyconnected with mining including overburden, reject mineral or mill tailingsexcluding uranium mill tailings, which have passed through a processing plantprior to deposition on affected land;

 

(xviii) "Alluvial valley floors" means the unconsolidatedstream laid deposits holding streams where water availability is sufficient forsubirrigation or flood irrigation agricultural activities but does not includeupland areas which are generally overlain by a thin veneer of colluvialdeposits composed chiefly of debris from sheet erosion, deposits byunconcentrated runoff or slope wash, together with talus, other mass movementaccumulation and windblown deposits;

 

(xix) "Prime farmland" shall have the same meaning asthat previously prescribed by the United States secretary of agriculture on thebasis of such factors as moisture availability, temperature regime, chemicalbalance, permeability, surface layer composition, susceptibility to floodingand erosion characteristics, and which historically have been used forintensive agricultural purposes, and as published in the federal register;

 

(xx) "Surface coal mining operation" means:

 

(A) Activities conducted on the surface of lands in connectionwith a surface coal mine or with the surface impacts incident to an undergroundcoal mine as provided in Section 516 of P.L. 95-87. These activities includeexcavation for the purpose of obtaining coal including common methods ascontour, strip, auger, mountaintop removal, box cut, open pit and area mining,the use of explosives and blasting, and in situ distillation or retorting,leaching or other chemical or physical processing, and the cleaning, concentratingor other processing or preparation, and the loading of coal; and

 

(B) The areas upon which these activities occur or where theseactivities disturb the land surface. These areas shall also include anyadjacent land the use of which is incidental to any of these activities, alllands affected by the construction of new roads or the improvement or use ofexisting roads to gain access to the site of these activities and for haulage,and excavations, workings, impoundments, dams, ventilation shafts, entry ways,refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks,tailings, holes or depressions, repair areas, storage areas, processing areas,shipping areas and other areas upon which are sited structures, facilities orother property or materials on the surface, resulting from or incident to theseactivities.

 

(xxi) "Steep slope surface coal mining operation" meansa surface coal mining operation where mining occurs along the contour of asteep slope generally exceeding twenty (20) degrees and which, because of thesteepness of the terrain, requires special spoil handling procedures;

 

(xxii) "Complete application" under W.S. 35-11-406(e)means that the application contains all the essential and necessary elementsand is acceptable for further review for substance and compliance with theprovisions of this chapter;

 

(xxiii) "Interim mine stabilization" means a temporarycessation of mining operation within the terms of a valid permit to mine;

 

(xxiv) "Deficiency" means an omission or lack ofsufficient information serious enough to preclude correction or compliance bystipulation in the approved permit to be issued by the director;

 

(xxv) "Imminent or continuous threat" means, withrespect to the coal mine subsidence mitigation program, physical data whichshows an immediate significant threat of damage from mine subsidence orinsurance claim records which support progressive and continuous minesubsidence loss damage to structure;

 

(xxvi) "Fish and wildlife habitat" means land dedicatedwholly or partially to the production, protection or management of species offish or wildlife;

 

(xxvii) "Grazingland" includes rangelands and forestlandswhere the indigenous native vegetation is actively managed for grazing,browsing, occasional hay production, and occasional use by wildlife;

 

(xxviii) Repealed by Laws 1994, ch. 87, 2.

 

(xxix) Repealed by Laws 1994, ch. 87, 2.

 

(xxx) Repealed by Laws 1994, ch. 87, 2.

 

(f) Specific definitions applying to in situ mining are:

 

(i) "Best practicable technology" means a technologybased process justifiable in terms of existing performance and achievability inrelation to health and safety which minimizes, to the extent safe andpracticable, disturbances and adverse impacts of the operation on human oranimal life, fish, wildlife, plant life and related environmental values;

 

(ii) "Excursion" means any unwanted and unauthorizedmovement of recovery fluid out of the production zone as a result of in situmining activities;

 

(iii) "Groundwater restoration" means the conditionachieved when the quality of all groundwater affected by the injection ofrecovery fluids is returned to a quality of use equal to or better than, andconsistent with the uses for which the water was suitable prior to theoperation by employing the best practicable technology;

 

(iv) "In situ mining" means a method of in-placesurface mining in which limited quantities of overburden are disturbed toinstall a conduit or well and the mineral is mined by injecting or recovering aliquid, solid, sludge or gas that causes the leaching, dissolution,gasification, liquefaction or extraction of the mineral. In situ mining doesnot include the primary or enhanced recovery of naturally occurring oil and gasor any related process regulated by the Wyoming oil and gas conservationcommission;

 

(v) "Production zone" means the geologic intervalinto which recovery fluids are to be injected or extracted;

 

(vi) "Reclamation" includes groundwater restoration;

 

(vii) "Recovery fluid" means any material which flowsor moves, whether semi-solid, liquid, sludge, gas or other form or state, usedto dissolve, leach, gasify or extract a mineral;

 

(viii) "Research and development testing" meansconducting research and development activities to indicate mineability orworkability of and develop reclamation techniques for an in situ operation.

 

(g) Specific definitions applying to voluntary remediation,real property remediation account and innocent owners:

 

(i) "Adjacent" means property contiguous to aneligible site, and contiguous or noncontiguous property onto or under which contaminantsare known to have migrated from such site;

 

(ii) "Certificate of completion" means a certificateissued by the director stating that all remediation requirements for a sitehave been successfully implemented or satisfied. The certificate of completionshall incorporate any required institutional and engineering controls forfuture use of the site, which may include deed restrictions recorded by thesite owner. A certificate of completion may be conditioned upon the duty toperform any continuing requirements specified in a remedy agreement;

 

(iii) "Contaminant" means any chemical, material,substance or waste:

 

(A) Which is regulated under any applicable federal, state orlocal law or regulation;

 

(B) Which is classified as hazardous or toxic under federal,state or local law or regulation; or

 

(C) To which exposure is regulated under federal, state orlocal law or regulation.

 

(iv) "Covenant not to sue" means a written pledgeissued by the director stating that the state shall not sue the person or anysubsequent owner concerning contaminants and liability addressed by a remedyagreement. A covenant not to sue may be conditioned upon the duty to performany continuing requirements specified in a remedy agreement;

 

(v) "Engineering controls" means measures, such ascapping, containment, slurry walls, extraction wells or treatment methods thatare capable of managing environmental and health risks by reducingcontamination levels or limiting exposure pathways;

 

(vi) "Governmental entity" shall have the followingmeaning as determined by the location of an eligible site. For the purposes ofthis definition, city shall include both first class cities and towns:

 

(A) The city, for a site located entirely within the boundaryof that city;

 

(B) Both the city and county, for a site located partiallywithin that city or within the extraterritorial boundary of a city;

 

(C) The county, for a site located outside the boundary of acity and outside the extraterritorial boundary of the city; or

 

(D) The federal land management agency, for a site located onlands managed by that federal agency.

 

(vii) "Institutional controls" means restrictions onthe use of a site, including deed notices, voluntary deed restrictions or otherconditions, covenants or restrictions imposed by the property owner and filedwith the county clerk, use control areas, and zoning regulations orrestrictions;

 

(viii) "No further action letter" means a letter issuedby the director stating that the department has determined that no furtherremediation is required on the site;

 

(ix) "Remediation" means all actions necessary toassess, test, investigate or characterize a site, and to clean up, remove,treat, or in any other way address any contaminants that are on, in or under asite or adjacent property to prevent, minimize or mitigate harm to human healthor the environment;

 

(x) "Site" means a parcel of real property;

 

(xi) "Use control area" means an area designated by agovernmental entity or entities for the purpose of controlling current andfuture property uses.

 

35-11-104. Department of environmental quality created.

 

Thereis created a department within the executive branch entitled "The StateDepartment of Environmental Quality" as provided in W.S. 9-2-2013.

 

35-11-105. Divisions enumerated.

 

 

(a) The department shall consist of the following divisions:

 

(i) Air quality division;

 

(ii) Water quality division;

 

(iii) Land quality division;

 

(iv) Solid and hazardous waste management division;

 

(v) Abandoned mine land division;

 

(vi) Industrial siting division.

 

35-11-106. Powers, duties, functions and regulatory authority.

 

 

(a) All powers, duties, functions and regulatory authorityvested in the state office of industrial siting administration are transferredto the department, as of April 1, 1992. The performance of such acts orfunctions by the industrial siting division of the department shall have thesame effect as if done by the former state office of industrial sitingadministration as referred to or designated by law, contract or other document.The reference or designation to the former state office of industrial siting administrationshall now apply to the industrial siting division of the department. Theindustrial siting council shall retain all powers, duties, functions andregulatory authority but shall be within the department.

 

(b) All rules, regulations and orders of the former stateoffice of industrial siting administration, the industrial siting council,abandoned mine reclamation program, solid waste management program or any otherprogram or entity transferred to the department by this act which were lawfullyadopted prior to April 1, 1992 are adopted as the rules, regulations and ordersof the department and shall continue to be effective until revised, amended,repealed or nullified pursuant to law.

 

35-11-107. Transfer of funds, records, property and personnel.

 

 

(a) All records, physical property and personnel includingtheir rights and privileges under the merit system, retirement system andpersonnel system, and any appropriated or unused funds of the former stateoffice of industrial siting administration and of the industrial siting councilshall be transferred to the department as of the effective date of this act.All records, lists or other information which by law are confidential orprivileged in nature shall remain as such.

 

(b) Repealed by Laws 1992, ch. 60, 4.

 

(c) Repealed by Laws 1992, ch. 60, 4.

 

(d) Repealed by Laws 1992, ch. 60, 4.

 

(e) The industrial siting division is the successor to thepowers, duties, functions and regulatory authority of the state office ofindustrial siting administration which is abolished effective April 1, 1992.

 

35-11-108. Appointment of director and division administrators;qualifications of director; term; salaries; employment of assistants.

 

Thegovernor with the advice and consent of the senate shall appoint a director ofthe department who is the department's executive and administrative head. Thedirector shall possess technical qualifications and administrative and otherexperience sufficient to fulfill the duties of his position. The director shallappoint administrators for each of the divisions of abandoned mine land,industrial siting, solid and hazardous waste management, air quality, waterquality and land quality, who are the executive and administrative heads of theirrespective divisions. The administrators shall serve at the pleasure of thedirector and are responsible to and under the control and supervision of thedirector. The salary and qualifications of each administrator shall bedetermined by the human resources division. The director, with the advice ofthe respective administrators, may employ professional, technical and otherassistants, along with other employees as may be necessary to carry out thepurposes of this act. The governor may remove the director as provided in W.S.9-1-202.

 

35-11-109. Powers and duties of director.

 

(a) In addition to any other powers and duties imposed by law,the director of the department shall:

 

(i) Perform any and all acts necessary to promulgate,administer and enforce the provisions of this act and any rules, regulations,orders, limitations, standards, requirements or permits adopted, established orissued thereunder, and to exercise all incidental powers as necessary to carryout the purposes of this act;

 

(ii) Advise, consult and cooperate with other agencies of thestate, the federal government, other states, interstate agencies, and otherpersons in furtherance of the purposes of this act;

 

(iii) Exercise the powers and duties conferred and imposed bythis act in such a manner as to carry out the policy stated in W.S. 35-11-102;

 

(iv) Conduct, encourage, request and participate in, studies,surveys, investigations, research, experiments, training and demonstrations bycontract, grant or otherwise; prepare and require permittees to prepare reportsand install, use and maintain any monitoring equipment or methods reasonablynecessary for compliance with the provisions of this act; and collectinformation and disseminate to the public such information as is deemedreasonable and necessary for the proper enforcement of this act;

 

(v) Conduct programs of continuing surveillance and of a regularperiodic inspection of all actual or potential sources of pollution and ofpublic water supplies with the assistance of the administrators;

 

(vi) Designate authorized officers, employees or representativesof the department to enter and inspect any property, premise or place, exceptprivate residences, on or at which an air, water or land pollution source islocated or is being constructed or installed, or any premises in which anyrecords required to be maintained by a surface coal mining permittee arelocated. Persons so designated may inspect and copy any records during normaloffice hours, and inspect any monitoring equipment or method of operationrequired to be maintained pursuant to this act at any reasonable time uponpresentation of appropriate credentials, and without delay, for the purpose ofinvestigating actual or potential sources of air, water or land pollution andfor determining compliance or noncompliance with this act, and any rules,regulations, standards, permits or orders promulgated hereunder. For surfacecoal mining operations, right of entry to or inspection of any operation,premises, records or equipment shall not require advance notice. The owner,occupant or operator shall receive a duplicate copy of all reports made as aresult of such inspections within thirty (30) days. The department shallreimburse any operator for the reasonable costs incurred in producing copies ofthe records requested by the department under this section;

 

(vii) Investigate violations of this act or regulations adoptedhereunder and prepare and present enforcement cases before the council; to takesuch enforcement action as set out in articles 6 and 7 of this act; to appearbefore the council on any hearing under this act;

 

(viii) Represent Wyoming in any matters pertaining to plans,procedures or negotiations for interstate compacts or other intergovernmentalarrangements relating to environmental enhancement and protection. The directorshall cooperate and participate in the negotiation and execution of consentorders, permit issuance, site investigations and remedial measures by andbetween federal agencies and the owners or operators of Wyoming facilitieswhere the department has not been delegated the authority to administer andenforce federal legislation;

 

(ix) Accept, receive and administer any grants, gifts, loans orother funds made available from any source for the purposes of this act. Anymonies received by the director pursuant to this paragraph shall be depositedwith the state treasurer in the account or fund as provided by law for thepurpose designated;

 

(x) Serve as advisor to the council, without vote, on allmatters other than the consideration of rules proposed by the department orcontested case proceedings in which the department is a party;

 

(xi) Designate authorized officers, employees or representativesof the department to monitor the air, water, and land quality, and solid wastemanagement operations of all facilities which have been granted permits underW.S. 35-12-101 through 35-12-119, for assuring continuing compliance withconditions and requirements of their permits and for discovering and preventingnoncompliance with the permits or violations of law;

 

(xii) Exercise all the powers granted to administrators by W.S.35-11-110;

 

(xiii) Issue, deny, amend, suspend or revoke permits and licensesand determine the amount of bonds to be posted by the operator to insurereclamation of any affected lands;

 

(xiv) Exercise the powers and duties conferred and imposed bythis act. Any person who generates, stores, treats, transports, disposes of orotherwise handles or has handled hazardous wastes shall, upon request, furnishinformation relating to the wastes and permit at all reasonable times thedirector or designated officers, employees or representatives of the departmentto have access to, and to copy all records relating to the wastes. Forpurposes of developing or assisting in the development of any hazardous wasteregulation or enforcing the hazardous waste provisions of this act, thedesignated officers, employees or representatives are authorized to:

 

(A) Enter at reasonable times any establishment, property,premise or other place where hazardous wastes are or have been generated,stored, treated, disposed of or transported from; and

 

(B) Inspect and obtain samples from any person of the wastesand samples of any containers or labeling for the wastes.

 

(xv) Commence and complete with reasonable promptness eachinspection conducted under paragraph (xiv) of this subsection. If an officer,employee or representative acting pursuant to paragraph (xiv) of thissubsection, obtains any samples, prior to leaving the premises, he shall giveto the owner, operator or agent in charge a receipt describing the sampleobtained and if requested a portion of each sample equal in volume or weight tothe portion retained. If any analysis is made of the samples, a copy of theresults of the analysis shall be furnished promptly to the owner, operator oragent in charge.

 

(b) In addition to any other powers and duties imposed by law,the director of the department may allow the permitting and reportingrequirements of this act to be conducted electronically as provided by theUniform Electronic Transaction Act, W.S. 40-21-101 through 40-21-119 and anyapplicable federal electronic requirements.

 

35-11-110. Powers of administrators of the divisions.

 

(a) The administrators of the air quality, land quality andwater quality divisions, under the control and supervision of the director,shall enforce and administer this act and the rules, regulations and standardspromulgated hereunder. Each administrator shall have the following powers:

 

(i) To serve as executive secretary of their respectiveadvisory boards without vote;

 

(ii) To make recommendations to the director regarding theissuance, denial, amendment, suspension or revocation of permits and licensesand to make recommendations to the director regarding the amount of bond to beposted by the operator to insure reclamation of any affected lands;

 

(iii) To supervise studies, surveys, investigations, experimentsand research projects assigned by the director and report all informationgained therefrom to the director and the appropriate advisory board;

 

(iv) To determine the degrees of air, water or land pollutionthroughout the state and the several parts thereof;

 

(v) To administer, in accordance with this act, any permit orcertification systems which may be established hereunder;

 

(vi) To require the owners and operators of any point source tocomplete plans and specifications for any application for a permit required bythis act or regulations made pursuant hereto and require the submission of suchreports regarding actual or potential violations of this act or regulationsthereunder;

 

(vii) To require the owner or operator of any point source to:

 

(A) Establish and maintain records;

 

(B) Make reports;

 

(C) Install, use and maintain monitoring equipment or methods;

 

(D) Sample effluents, discharges or emissions;

 

(E) Provide such other information as may be reasonablyrequired and specified.

 

(viii) To consult with and report to the appropriate advisoryboard and to make written reports of all the activities of his division to saidadvisory board at each of its regularly scheduled meetings;

 

(ix) To recommend to the director, after consultation with theappropriate advisory board, that any rule, regulation or standard or anyamendment adopted hereunder may differ in its terms and provisions as betweenparticular types, characteristics, quantities, conditions and circumstances ofair, water or land pollution and its duration, as between particular air, waterand land pollution services and as between particular areas of the state;

 

(x) To possess such further powers as shall be reasonablynecessary and incidental to the proper performance of the duties imposed uponthe divisions under this act.

 

(b) The administrator of the land quality division shall have,in addition to the powers set forth in subsection (a) of this section, thepower to issue, deny, amend, suspend or revoke licenses and to determine theamount of bonds to be posted by an operator to insure reclamation of affectedlands in accordance with the specific authority granted the administrator underarticle 4 of this act.

 

(c) The administrator of the solid and hazardous wastemanagement division shall have the powers set forth in paragraphs (a)(ii)through (x) of this section.

 

(d) The administrator of the abandoned mine land division shallenforce and administer the provisions of W.S. 35-11-1201 through 35-11-1209 and35-11-1301 through 35-11-1304. He shall have the powers set forth in paragraph(a)(x) of this section.

 

(e) The administrator of the industrial siting division shallenforce and administer the provisions of W.S. 35-12-101 through 35-12-119. Heshall have the powers set forth in paragraph (a)(x) of this section.

 

35-11-111. Independent environmental quality council created; removal;terms; officers; meetings; expenses.

 

 

(a) There is created as a separate operating agency of stategovernment an independent council consisting of seven (7) members to be knownas the environmental quality council. Not more than four (4) of the membersshall be of the same political party. Council members shall be appointed by thegovernor with the advice and consent of the senate. The governor may remove anycouncil member as provided in W.S. 9-1-202. No employee of the state, otherthan employees of institutions of higher education, shall be a member of thecouncil. At all times, there shall be at least one (1) member from the mineralsindustry and one (1) member from agriculture. Any member receiving more thanten percent (10%) of his income from any permit applicant shall not act on apermit application from that applicant.

 

(b) The terms of the members shall be for four (4) years, exceptthat on the initial appointment, members' terms shall be as follows: three (3)shall serve for two (2) years, two (2) shall serve for three (3) years and two(2) shall serve for four (4) years, as designated by the initial appointment.If a vacancy occurs, the governor shall appoint a new member as provided inW.S. 28-12-101.

 

(c) The first meeting of the council shall be held within sixty(60) days after the effective date of this act at which time a chairman shallbe elected from among the members to serve a one (1) year term. The councilshall also annually elect from its membership a vice-chairman and a secretary,each for a term of one (1) year, and it shall keep a record of its proceedings.

 

(d) The council shall hold at least four (4) regularlyscheduled meetings each year. Special meetings may be called by the chairman,and special meetings shall be called by the chairman, upon a written requestsubmitted by three (3) or more members. Four (4) members shall constitute aquorum. All matters shall be decided by a majority vote of those on thecouncil.

 

(e) Unless otherwise prohibited by law, each member of thecouncil shall receive the same per diem, mileage and salary for attending andtraveling to and from meetings, hearings and other activities necessary to theperformance of the duties of the office in the same manner and amount asmembers of the Wyoming legislature. Council members who receive compensationfrom their employers for activities performed pursuant to this act shall notreceive salary but shall receive mileage and per diem if they are notreimbursed by their employers.

 

(f) Effective July 1, 1979, appointments and terms under thissection shall be in accordance with W.S. 28-12-101 through 28-12-103.

 

35-11-112. Powers and duties of the environmental quality council.

 

(a) The council shall act as the hearing examiner for thedepartment and shall hear and determine all cases or issues arising under thelaws, rules, regulations, standards or orders issued or administered by thedepartment or its air quality, land quality, solid and hazardous wastemanagement or water quality divisions. At the council's request the office ofadministrative hearings may provide a hearing officer for any rulemaking orcontested case hearing before the council, and the hearing officer may providerecommendations on procedural matters when requested by the council. Notwithstanding any other provision of this act, including this section, thecouncil shall have no authority to promulgate rules or to hear or determine anycase or issue arising under the laws, rules, regulations, standards or ordersissued or administered by the industrial siting or abandoned mine landdivisions of the department. The council shall:

 

(i) Promulgate rules and regulations necessary for theadministration of this act, after recommendation from the director of the department,the administrators of the various divisions and their respective advisoryboards;

 

(ii) Conduct hearings as required by the Wyoming AdministrativeProcedure Act for the adoption, amendment or repeal of rules, regulations,standards or orders recommended by the advisory boards through theadministrators and the director. The council shall approve all rules,regulations, standards or orders of the department before they become final;

 

(iii) Conduct hearings in any case contesting the administrationor enforcement of any law, rule, regulation, standard or order issued oradministered by the department or any division thereof;

 

(iv) Conduct hearings in any case contesting the grant, denial,suspension, revocation or renewal of any permit, license, certification orvariance authorized or required by this act;

 

(v) Designate at the earliest date and to the extent possiblethose areas of the state which are very rare or uncommon and have particularhistorical, archaeological, wildlife, surface geological, botanical or scenicvalue. When areas of privately owned lands are to be considered for suchdesignation, the council shall give notice to the record owner and hold hearingthereon, within a county in which the area, or major portion thereof, to be sodesignated is located, in accordance with the Wyoming Administrative ProcedureAct;

 

(vi) Adopt and when applicable, enforce the provisions of rule11 of the Wyoming Rules of Civil Procedure in a contested hearing conducted bythe council. The council may modify the procedural provisions of rule 11 to fitthe circumstances of a hearing before the council and sanctions imposed by thecouncil. If the provisions of rule 11 are modified at a future date, thecouncil may adopt the modifications.

 

(b) The council may contract with consultants having specialexpertise to assist in the performance of its duties.

 

(c) Subject to any applicable state or federal law, and subjectto the right to appeal, the council may:

 

(i) Approve, disapprove, repeal, modify or suspend any rule,regulation, standard or order of the director or any division administrator;

 

(ii) Order that any permit, license, certification or variancebe granted, denied, suspended, revoked or modified;

 

(iii) Affirm, modify or deny the issuance of orders to cease anddesist any act or practice in violation of the laws, rules, regulations,standards or orders issued or administered by the department or any divisionthereof. Upon application by the council, the district court of the county in whichthe act or practice is taking place shall issue its order to comply with thecease and desist order, and violation of the court order may be punished as acontempt.

 

(d) The director and his staff shall provide the council withmeeting facilities, secretarial or clerical assistance, supplies and such otherassistance as the council may require in the performance of its duties.

 

(e) Upon request, the attorney general shall provide such legalassistance as the council may require in the conduct of its hearings, writingof its decisions or the enforcement of its orders. The council may employindependent legal assistance as necessary to the proper performance of itsduties.

 

(f) All proceedings of the council shall be conducted inaccordance with the Wyoming Administrative Procedure Act.

 

35-11-113. Advisory boards created; membership; removal; terms;meetings; expenses.

 

 

(a) There is created within the department three (3) advisoryboards, one (1) for each of the air quality, land quality and water qualitydivisions. Each advisory board shall consist of five (5) members appointed bythe governor. Each board shall have one (1) member who represents industry, one(1) member who represents agriculture, one (1) member who represents politicalsubdivisions and two (2) members who represent the public interest. Not morethan three (3) members of each board shall be from the same political party.The governor may remove any member of any of the advisory boards as provided inW.S. 9-1-202.

 

(b) For the initial appointments to each board, the governorshall appoint one (1) member for a six (6) year term, two (2) members for four(4) year terms and two (2) members for two (2) year terms. Thereafter allappointments shall be for four (4) year terms. No officer or employee of thestate, other than employees of institutions of higher education, may beappointed to a board. A vacancy occurs if any member ceases to represent theinterest group or political party for which he was originally appointed, or ifany member becomes unable or fails to serve for any reason. The governor shallfill vacancies by appointment for the unexpired portion of the term.

 

(c) Each advisory board shall meet within sixty (60) days afterthe effective date of this act to elect from among its members a chairman and avice-chairman. Such officers shall be elected annually thereafter. Each boardshall hold at least four (4) regularly scheduled meetings each year, andspecial meetings may be called by the chairman at any time. Three (3) membersshall constitute a quorum for the purpose of conducting business, but alldecisions must be approved by a majority of the total membership of the board.Each board shall keep a written record of its meetings and proceedings. Eachboard member shall be reimbursed for per diem, mileage and expenses forattending board meetings in the same manner and amount as state employees.

 

35-11-114. Powers and duties of the advisory b

State Codes and Statutes

Statutes > Wyoming > Title35 > Chapter11

CHAPTER 11 - ENVIRONMENTAL QUALITY

 

ARTICLE 1 - GENERAL PROVISIONS

 

35-11-101. Short title.

 

Thisact shall be known and may be cited as the "Wyoming Environmental QualityAct".

 

35-11-102. Policy and purpose.

 

Whereaspollution of the air, water and land of this state will imperil public healthand welfare, create public or private nuisances, be harmful to wildlife, fishand aquatic life, and impair domestic, agricultural, industrial, recreationaland other beneficial uses; it is hereby declared to be the policy and purposeof this act to enable the state to prevent, reduce and eliminate pollution; topreserve, and enhance the air, water and reclaim the land of Wyoming; to planthe development, use, reclamation, preservation and enhancement of the air,land and water resources of the state; to preserve and exercise the primaryresponsibilities and rights of the state of Wyoming; to retain for the statethe control over its air, land and water and to secure cooperation betweenagencies of the state, agencies of other states, interstate agencies, and thefederal government in carrying out these objectives.

 

35-11-103. Definitions.

 

(a) For the purpose of this act, unless the context otherwiserequires:

 

(i) "Department" means the department ofenvironmental quality established by this act;

 

(ii) "Council" means the environmental quality councilestablished by this act;

 

(iii) "Director" means the director of the departmentof environmental quality;

 

(iv) "Board" means one (1) or more of the advisoryboards in each division of air, land, or water quality;

 

(v) "Administrator" means the administrator of eachdivision of the department;

 

(vi) "Person" means an individual, partnership, firm,association, joint venture, public or private corporation, trust, estate,commission, board, public or private institution, utility, cooperative,municipality or any other political subdivision of the state, or any interstatebody or any other legal entity;

 

(vii) "Aggrieved party" means any person named oradmitted as a party or properly seeking or entitled as of right to be admittedas a party to any proceeding under this act because of damages that person maysustain or be claiming because of his unique position in any proceeding heldunder this act;

 

(viii) "Interstate agency" means an agency of two (2) ormore states established by or pursuant to an agreement or compact approved bythe United States Congress or any other agency of two (2) or more states,having substantial powers or duties pertaining to the control of air, land orwater pollution;

 

(ix) "Municipality" means a city, town, county,district, association or other public body;

 

(x) "Nonpoint source" means any source of pollutionother than a point source. For purposes of W.S. 16-1-201 through 16-1-207only, nonpoint source includes leaking underground storage tanks as defined byW.S. 35-11-1415(a)(ix) and aboveground storage tanks as defined by W.S.35-11-1415(a)(xi);

 

(xi) "Point source" means any discernible, confinedand discrete conveyance, including but not limited to any pipe, ditch, channel,tunnel, conduit, well, discrete fissure, container, rolling stock, concentratedanimal feeding operation or vessel or other floating craft, from whichpollutants are or may be discharged;

 

(xii) The singular includes the plural, the plural the singular,and the masculine and feminine or neuter, when consistent with the intent ofthis act and necessary to effect its purpose;

 

(xiii) "This act" means W.S. 35-11-101 through35-11-403, 35-11-405, 35-11-406, 35-11-408 through 35-11-1106, 35-11-1414through 35-11-1428, 35-11-1601 through35-11-1613, 35-11-1701 and 35-11-1801 through 35-11-1803.

 

(b) Specific definitions applying to air quality:

 

(i) "Air contaminant" means odorous material, dust,fumes, mist, smoke, other particulate matter, vapor, gas or any combination ofthe foregoing, but shall not include steam or water vapor;

 

(ii) "Air pollution" means the presence in the outdooratmosphere of one (1) or more air contaminants in such quantities and durationwhich may be injurious to human health or welfare, animal or plant life, orproperty, or unreasonably interferes with the enjoyment of life or property;

 

(iii) "Clean Air Act" means the federal Clean Air Actof 1977, as amended by P.L. 101-549;

 

(iv) "Emission" means a release into the outdooratmosphere of air contaminants;

 

(v) "Operating permit program" means the permittingprogram authorized by W.S. 35-11-203 through 35-11-212 implementing a stateplan pursuant to the 1990 amendments to the Clean Air Act;

 

(vi) "Stationary source" means any building,structure, facility or installation which emits or may emit any air contaminant.

 

(c) Specific definitions applying to water quality:

 

(i) "Pollution" means contamination or otheralteration of the physical, chemical or biological properties of any waters ofthe state, including change in temperature, taste, color, turbidity or odor ofthe waters or any discharge of any acid or toxic material, chemical or chemicalcompound, whether it be liquid, gaseous, solid, radioactive or other substance,including wastes, into any waters of the state which creates a nuisance orrenders any waters harmful, detrimental or injurious to public health, safety orwelfare, to domestic, commercial, industrial, agricultural, recreational orother legitimate beneficial uses, or to livestock, wildlife or aquatic life, orwhich degrades the water for its intended use, or adversely affects theenvironment. This term does not mean water, gas or other material which isinjected into a well to facilitate production of oil, or gas or water, derivedin association with oil or gas production and disposed of in a well, if thewell used either to facilitate production or for disposal purposes is approvedby authority of the state, and if the state determines that such injection ordisposal well will not result in the degradation of ground or surface or waterresources;

 

(ii) "Wastes" means sewage, industrial waste and allother liquid, gaseous, solid, radioactive, or other substances which maypollute any waters of the state;

 

(iii) "Sewerage system" means pipelines, conduits,storm sewers, pumping stations, force mains, and all other constructions,devices, appurtenances and facilities used for collecting or conducting wastesto an ultimate point for treatment or disposal;

 

(iv) "Treatment works" means any plant or other worksused for the purpose of treating, stabilizing or holding wastes;

 

(v) "Disposal system" means a system for disposing ofwastes, either by surface or underground methods, including sewerage systems,treatment works, disposal wells, and absorption fields;

 

(vi) "Waters of the state" means all surface andgroundwater, including waters associated with wetlands, within Wyoming;

 

(vii) "Discharge" means any addition of any pollutionor wastes to any waters of the state;

 

(viii) "Public water supply" means a system for theprovision to the public of water for human consumption through pipes orconstructed conveyances, if such system has at least fifteen (15) serviceconnections or regularly serves at least twenty-five (25) individuals. Publicwater supply shall include:

 

(A) Any collection, treatment, storage and distributionfacility under control of the operator of the facility and used primarily inconnection with the system; and

 

(B) Any collection or pretreatment storage facilities not underthe control of the operator which are used primarily in connection with thesystem.

 

(ix) "Small wastewater system" means any seweragesystem, disposal system or treatment works having simple hydrologic andengineering needs which is intended for wastes originating from a singleresidential unit serving no more than four (4) families or which distributestwo thousand (2,000) gallons or less of domestic sewage per day;

 

(x) "Wetlands" means those areas in Wyoming havingall three (3) essential characteristics:

 

(A) Hydrophytic vegetation;

 

(B) Hydric soils; and

 

(C) Wetland hydrology.

 

(xi) "Compensatory mitigation" means replacement,substitution or enhancement of ecological functions and wetland values tooffset anticipated losses of those values caused by filling, draining orotherwise damaging a wetland;

 

(xii) "Ecological function" means the ability of anarea to support vegetation and fish and wildlife populations, rechargeaquifers, stabilize base flows, attenuate flooding, trap sediment and remove ortransform nutrients and other pollutants;

 

(xiii) "Mitigation" means all actions to avoid,minimize, restore and compensate for ecological functions or wetland valueslost;

 

(xiv) "Natural wetlands" means those wetlands thatoccur independently of human manipulation of the landscape;

 

(xv) "Man-made wetlands" means those wetlands that arecreated intentionally or occur incidental to human activities, and includes anyenhancement made to an existing wetland which increases its function or value;

 

(xvi) "Wetland value" means those socially significantattributes of wetlands such as uniqueness, heritage, recreation, aesthetics anda variety of economic values;

 

(xvii) "Community water system" means a public watersupply that has at least fifteen (15) service connections used year-round byresidents or that regularly provides water to at least twenty-five (25)residents year-round, including, but not limited to, municipalities and waterdistricts;

 

(xviii) "Nontransient noncommunity water system" means apublic water supply which is not a community water system and which regularlyprovides service to at least twenty-five (25) of the same persons for more thansix (6) months of the year where those persons are not full-time residents,including, but not limited to, schools, factories and office buildings;

 

(xix) "Credible data" means scientifically valid chemical,physical and biological monitoring data collected under an accepted samplingand analysis plan, including quality control, quality assurance procedures andavailable historical data;

 

(xx) "Geologic sequestration" means the injection ofcarbon dioxide and associated constituents into subsurface geologic formationsintended to prevent its release into the atmosphere;

 

(xxi) "Geologic sequestration site" means theunderground geologic formations where the carbon dioxide is intended to bestored;

 

(xxii) "Geologic sequestration facilities" means thesurface equipment used for transport, storage and injection of carbon dioxide.

 

(d) Specific definitions applying to solid waste management:

 

(i) "Solid waste" means garbage, and other discardedsolid materials, materials, including solid waste materials resulting fromindustrial, commercial, and agricultural operations, and from communityactivities, but, unless disposed of at a solid waste management facility, doesnot include:

 

(A) Solids or dissolved material in domestic sewerage or othersignificant pollutants in water resources, such as silt, dissolved or suspendedsolids in industrial waste water effluents, dissolved materials in irrigationreturn flows or other common water pollutants;

 

(B) Liquids, solids, sludges or dissolved constituents whichare collected or separated in process units for recycling, recovery or reuseincluding the recovery of energy, within a continuous or batch manufacturing orrefining process; or

 

(C) Agricultural materials which are recycled in the productionof agricultural commodities.

 

(ii) "Solid waste management facility" means anyfacility for the transfer, treatment, processing, storage or disposal of solidwaste, but does not include:

 

(A) Lands or facilities subject to the permitting requirementsof article 3 of this act;

 

(B) Facilities which would have been subject to the permittingrequirements of article 3 of this act if constructed after July 1, 1973;

 

(C) Any facility described under W.S. 30-5-104(d)(vi)(A) or(B);

 

(D) Lands and facilities subject to the permitting requirementsof article 2, 3 or 4 of this act used solely for the management of wastesgenerated within the boundary of the permitted facility or mine operation bythe facility or mine owner or operator or from a mine mouth electric powerplant or coal drier;

 

(E) Lands and facilities owned by a person engaged in farmingor ranching and used to dispose of solid waste generated incidental to hisfarming and ranching operations; or

 

(F) Transport vehicles, storage containers and treatment of thewaste in containers.

 

(iii) "Cost effective" means the selection ofalternative responses taking into account total short-term and long-term costsof those responses including the costs of operation and maintenance for theentire activity, the presence of naturally occurring hazardous or toxicsubstances, current or potential uses of the natural resources impacted;

 

(iv) "Commercial solid waste management facility"means any facility receiving a monthly average greater than five hundred (500)short tons per day of unprocessed household refuse or mixed household andindustrial refuse for management or disposal;

 

(v) "Commercial radioactive waste managementfacility" means any facility used or intended to be used to receive fordisposal, storage, reprocessing or treatment, any amount of radioactive wasteswhich are generated by any person other than the facility owner or operator, orwhich are generated at a location other than the location of the facility, butdoes not include:

 

(A) Uranium mill tailings facilities licensed by the UnitedStates Nuclear Regulatory Commission which receive in situ leaching uraniummining by-product materials or are specifically authorized by the department ona limited basis to receive small quantities of wastes defined in section 11e(2)of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)) which weregenerated by persons other than the facility owner or operator or which weregenerated at a location other than the location of the facility, or both; and

 

(B) Facilities used for the temporary storage of radioactivewastes generated by the facility owner or operator, including facilities forthe temporary storage of naturally occurring radioactive materials generatedduring the course of oil or natural gas exploration or production, provided thestorage of radioactive wastes is in compliance with applicable state andfederal law; and

 

(C) Permitted solid waste disposal facilities which areauthorized by the director to receive small quantities of radioactive wastescontaining only naturally occurring radioactive materials, or which receiveradioactive materials that have been exempted from regulation under section 10of the Low-Level Radioactive Waste Policy Amendments Act of 1985, 42 U.S.C. 2021j, or both if found by the department not to threaten human health and theenvironment; and

 

(D) Federally owned facilities used exclusively for thestorage, reprocessing or treatment of spent reactor fuel;

 

(E) Facilities licensed by the United States nuclear regulatorycommission whose sole purpose is to receive in situ leaching uranium miningby-product materials as defined in section 11(e)(2) of the Atomic Energy Act of1954 (42 U.S.C. 2014(e)(2)).

 

(vi) "Long term remediation and monitoring trust" means atrust account established to provide funding for perpetual monitoring,maintenance and remediation of any commercial radioactive waste managementfacility. The adequacy of the initial and subsequent funding, including thequality of any bond or letter of credit, shall be determined jointly by thedirector, the insurance commissioner and the attorney general. Expendituresfrom the trust shall be only for commercial radioactive waste regulation,monitoring and remediation;

 

(vii) "Hazardous waste" means any liquid, solid,semisolid or contained gaseous waste or combination of those wastes whichbecause of quantity, concentration or physical, chemical or infectiouscharacteristics may cause or significantly contribute to detrimental humanhealth effects, or pose a substantial present or potential hazard to humanhealth or the environment. Only those materials listed as hazardous wastes bythe United States environmental protection agency's hazardous waste managementregulations or which exhibit a hazardous waste characteristic specified by theenvironmental protection agency shall be considered hazardous wastes. Hazardous waste does not include those hazardous wastes exempted under theResource Conservation and Recovery Act, P.L. 94-580, or under the United Statesenvironmental protection agency's hazardous waste management regulations forthe period that they remain exempted by congressional or administrative action.

 

(e) Specific definitions for land quality:

 

(i) "Reclamation" means the process of reclaiming anarea of land affected by mining to use for grazing, agricultural, recreational,wildlife purposes, or any other purpose of equal or greater value. The processmay require contouring, terracing, grading, resoiling, revegetation, compactionand stabilization, settling ponds, water impoundments, diversion ditches, andother water treatment facilities in order to eliminate water diminution to theextent that existing water sources are adversely affected, pollution, soil andwind erosion, or flooding resulting from mining or any other activity toaccomplish the reclamation of the land affected to a useful purpose;

 

(ii) "Minerals" means coal, clay, stone, sand, gravel,bentonite, scoria, rock, pumice, limestone, ballast rock, uranium, gypsum,feldspar, copper ore, iron ore, oil shale, trona, and any other materialremoved from the earth for reuse or further processing;

 

(iii) "Contouring" means grading or backfilling andgrading the land affected and reclaiming it to the proposed future use withadequate provisions for drainage. Depressions to accumulate water are notallowed except if approved as part of the reclamation plan;

 

(iv) "Overburden" means all of the earth and othermaterials which lie above the mineral deposit and also means such earth and othermaterials disturbed from their natural state in the process of mining, ormining from exposed natural deposits;

 

(v) "Underground mining" means the mining of mineralsby man-made excavation underneath the surface of the earth;

 

(vi) "Pit" means a tract of land from which overburdenhas been or is being removed for the purpose of surface mining or mining froman exposed natural deposit;

 

(vii) "Adjacent lands" means all lands within one-halfmile of the proposed permit area;

 

(viii) "Operation" means all of the activities,equipment, premises, facilities, structures, roads, rights-of-way, waste andrefuse areas excluding uranium mill tailings and mill facilities, within theNuclear Regulatory Commission license area, storage and processing areas, andshipping areas used in the process of excavating or removing overburden andminerals from the affected land or for removing overburden for the purpose ofdetermining the location, quality or quantity of a natural mineral deposit orfor the reclamation of affected lands;

 

(ix) "Operator" means any person, as defined in thisact, engaged in mining, either as a principal who is or becomes the owner ofminerals as a result of mining, or who acts as an agent or independentcontractor on behalf of such principal in the conduct of mining operations;

 

(x) "Surface mining" means the mining of minerals byremoving the overburden lying above natural deposits thereof and miningdirectly from the natural deposits thereby exposed, including strip, open pit,dredging, quarrying, surface leaching, and related activities;

 

(xi) "Mining permit" means certification by thedirector that the affected land described may be mined for minerals by alicensed operator in compliance with an approved mining plan and reclamationplan. No mining may be commenced or conducted on land for which there is not ineffect a valid mining permit. A mining permit shall remain valid and in forcefrom the date of its issuance until the termination of all mining and reclamationoperations, except as otherwise provided in this act;

 

(xii) "Spoil pile" means the overburden or any rejectminerals as piled or deposited by surface or underground mining;

 

(xiii) "A license to mine for minerals" means thecertification from the administrator that the licensee has the right to conductmining operations on the subject lands in compliance with this act; for which avalid permit exists; that he has deposited a bond conditioned on his faithfulfulfillment of the requirements thereof; and that upon investigation theadministrator has determined that the licensed mining operation is within thepurposes of this act;

 

(xiv) "Topsoil" means soil on the surface prior to miningthat will support plant life;

 

(xv) "Exploration by dozing" means the removal ofoverburden by trenching with a bulldozer or other earth moving equipment toexpose possible indications of mineralization;

 

(xvi) "Affected land" means the area of land from whichoverburden is removed, or upon which overburden, development waste rock orrefuse is deposited, or both, including access roads, haul roads, mineralstockpiles, mill tailings excluding uranium mill tailings, and mill facilities,within the Nuclear Regulatory Commission license area, impoundment basinsexcluding uranium mill tailings impoundments, and all other lands whose naturalstate has been or will be disturbed as a result of the operations;

 

(xvii) "Refuse" means all waste material directlyconnected with mining including overburden, reject mineral or mill tailingsexcluding uranium mill tailings, which have passed through a processing plantprior to deposition on affected land;

 

(xviii) "Alluvial valley floors" means the unconsolidatedstream laid deposits holding streams where water availability is sufficient forsubirrigation or flood irrigation agricultural activities but does not includeupland areas which are generally overlain by a thin veneer of colluvialdeposits composed chiefly of debris from sheet erosion, deposits byunconcentrated runoff or slope wash, together with talus, other mass movementaccumulation and windblown deposits;

 

(xix) "Prime farmland" shall have the same meaning asthat previously prescribed by the United States secretary of agriculture on thebasis of such factors as moisture availability, temperature regime, chemicalbalance, permeability, surface layer composition, susceptibility to floodingand erosion characteristics, and which historically have been used forintensive agricultural purposes, and as published in the federal register;

 

(xx) "Surface coal mining operation" means:

 

(A) Activities conducted on the surface of lands in connectionwith a surface coal mine or with the surface impacts incident to an undergroundcoal mine as provided in Section 516 of P.L. 95-87. These activities includeexcavation for the purpose of obtaining coal including common methods ascontour, strip, auger, mountaintop removal, box cut, open pit and area mining,the use of explosives and blasting, and in situ distillation or retorting,leaching or other chemical or physical processing, and the cleaning, concentratingor other processing or preparation, and the loading of coal; and

 

(B) The areas upon which these activities occur or where theseactivities disturb the land surface. These areas shall also include anyadjacent land the use of which is incidental to any of these activities, alllands affected by the construction of new roads or the improvement or use ofexisting roads to gain access to the site of these activities and for haulage,and excavations, workings, impoundments, dams, ventilation shafts, entry ways,refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks,tailings, holes or depressions, repair areas, storage areas, processing areas,shipping areas and other areas upon which are sited structures, facilities orother property or materials on the surface, resulting from or incident to theseactivities.

 

(xxi) "Steep slope surface coal mining operation" meansa surface coal mining operation where mining occurs along the contour of asteep slope generally exceeding twenty (20) degrees and which, because of thesteepness of the terrain, requires special spoil handling procedures;

 

(xxii) "Complete application" under W.S. 35-11-406(e)means that the application contains all the essential and necessary elementsand is acceptable for further review for substance and compliance with theprovisions of this chapter;

 

(xxiii) "Interim mine stabilization" means a temporarycessation of mining operation within the terms of a valid permit to mine;

 

(xxiv) "Deficiency" means an omission or lack ofsufficient information serious enough to preclude correction or compliance bystipulation in the approved permit to be issued by the director;

 

(xxv) "Imminent or continuous threat" means, withrespect to the coal mine subsidence mitigation program, physical data whichshows an immediate significant threat of damage from mine subsidence orinsurance claim records which support progressive and continuous minesubsidence loss damage to structure;

 

(xxvi) "Fish and wildlife habitat" means land dedicatedwholly or partially to the production, protection or management of species offish or wildlife;

 

(xxvii) "Grazingland" includes rangelands and forestlandswhere the indigenous native vegetation is actively managed for grazing,browsing, occasional hay production, and occasional use by wildlife;

 

(xxviii) Repealed by Laws 1994, ch. 87, 2.

 

(xxix) Repealed by Laws 1994, ch. 87, 2.

 

(xxx) Repealed by Laws 1994, ch. 87, 2.

 

(f) Specific definitions applying to in situ mining are:

 

(i) "Best practicable technology" means a technologybased process justifiable in terms of existing performance and achievability inrelation to health and safety which minimizes, to the extent safe andpracticable, disturbances and adverse impacts of the operation on human oranimal life, fish, wildlife, plant life and related environmental values;

 

(ii) "Excursion" means any unwanted and unauthorizedmovement of recovery fluid out of the production zone as a result of in situmining activities;

 

(iii) "Groundwater restoration" means the conditionachieved when the quality of all groundwater affected by the injection ofrecovery fluids is returned to a quality of use equal to or better than, andconsistent with the uses for which the water was suitable prior to theoperation by employing the best practicable technology;

 

(iv) "In situ mining" means a method of in-placesurface mining in which limited quantities of overburden are disturbed toinstall a conduit or well and the mineral is mined by injecting or recovering aliquid, solid, sludge or gas that causes the leaching, dissolution,gasification, liquefaction or extraction of the mineral. In situ mining doesnot include the primary or enhanced recovery of naturally occurring oil and gasor any related process regulated by the Wyoming oil and gas conservationcommission;

 

(v) "Production zone" means the geologic intervalinto which recovery fluids are to be injected or extracted;

 

(vi) "Reclamation" includes groundwater restoration;

 

(vii) "Recovery fluid" means any material which flowsor moves, whether semi-solid, liquid, sludge, gas or other form or state, usedto dissolve, leach, gasify or extract a mineral;

 

(viii) "Research and development testing" meansconducting research and development activities to indicate mineability orworkability of and develop reclamation techniques for an in situ operation.

 

(g) Specific definitions applying to voluntary remediation,real property remediation account and innocent owners:

 

(i) "Adjacent" means property contiguous to aneligible site, and contiguous or noncontiguous property onto or under which contaminantsare known to have migrated from such site;

 

(ii) "Certificate of completion" means a certificateissued by the director stating that all remediation requirements for a sitehave been successfully implemented or satisfied. The certificate of completionshall incorporate any required institutional and engineering controls forfuture use of the site, which may include deed restrictions recorded by thesite owner. A certificate of completion may be conditioned upon the duty toperform any continuing requirements specified in a remedy agreement;

 

(iii) "Contaminant" means any chemical, material,substance or waste:

 

(A) Which is regulated under any applicable federal, state orlocal law or regulation;

 

(B) Which is classified as hazardous or toxic under federal,state or local law or regulation; or

 

(C) To which exposure is regulated under federal, state orlocal law or regulation.

 

(iv) "Covenant not to sue" means a written pledgeissued by the director stating that the state shall not sue the person or anysubsequent owner concerning contaminants and liability addressed by a remedyagreement. A covenant not to sue may be conditioned upon the duty to performany continuing requirements specified in a remedy agreement;

 

(v) "Engineering controls" means measures, such ascapping, containment, slurry walls, extraction wells or treatment methods thatare capable of managing environmental and health risks by reducingcontamination levels or limiting exposure pathways;

 

(vi) "Governmental entity" shall have the followingmeaning as determined by the location of an eligible site. For the purposes ofthis definition, city shall include both first class cities and towns:

 

(A) The city, for a site located entirely within the boundaryof that city;

 

(B) Both the city and county, for a site located partiallywithin that city or within the extraterritorial boundary of a city;

 

(C) The county, for a site located outside the boundary of acity and outside the extraterritorial boundary of the city; or

 

(D) The federal land management agency, for a site located onlands managed by that federal agency.

 

(vii) "Institutional controls" means restrictions onthe use of a site, including deed notices, voluntary deed restrictions or otherconditions, covenants or restrictions imposed by the property owner and filedwith the county clerk, use control areas, and zoning regulations orrestrictions;

 

(viii) "No further action letter" means a letter issuedby the director stating that the department has determined that no furtherremediation is required on the site;

 

(ix) "Remediation" means all actions necessary toassess, test, investigate or characterize a site, and to clean up, remove,treat, or in any other way address any contaminants that are on, in or under asite or adjacent property to prevent, minimize or mitigate harm to human healthor the environment;

 

(x) "Site" means a parcel of real property;

 

(xi) "Use control area" means an area designated by agovernmental entity or entities for the purpose of controlling current andfuture property uses.

 

35-11-104. Department of environmental quality created.

 

Thereis created a department within the executive branch entitled "The StateDepartment of Environmental Quality" as provided in W.S. 9-2-2013.

 

35-11-105. Divisions enumerated.

 

 

(a) The department shall consist of the following divisions:

 

(i) Air quality division;

 

(ii) Water quality division;

 

(iii) Land quality division;

 

(iv) Solid and hazardous waste management division;

 

(v) Abandoned mine land division;

 

(vi) Industrial siting division.

 

35-11-106. Powers, duties, functions and regulatory authority.

 

 

(a) All powers, duties, functions and regulatory authorityvested in the state office of industrial siting administration are transferredto the department, as of April 1, 1992. The performance of such acts orfunctions by the industrial siting division of the department shall have thesame effect as if done by the former state office of industrial sitingadministration as referred to or designated by law, contract or other document.The reference or designation to the former state office of industrial siting administrationshall now apply to the industrial siting division of the department. Theindustrial siting council shall retain all powers, duties, functions andregulatory authority but shall be within the department.

 

(b) All rules, regulations and orders of the former stateoffice of industrial siting administration, the industrial siting council,abandoned mine reclamation program, solid waste management program or any otherprogram or entity transferred to the department by this act which were lawfullyadopted prior to April 1, 1992 are adopted as the rules, regulations and ordersof the department and shall continue to be effective until revised, amended,repealed or nullified pursuant to law.

 

35-11-107. Transfer of funds, records, property and personnel.

 

 

(a) All records, physical property and personnel includingtheir rights and privileges under the merit system, retirement system andpersonnel system, and any appropriated or unused funds of the former stateoffice of industrial siting administration and of the industrial siting councilshall be transferred to the department as of the effective date of this act.All records, lists or other information which by law are confidential orprivileged in nature shall remain as such.

 

(b) Repealed by Laws 1992, ch. 60, 4.

 

(c) Repealed by Laws 1992, ch. 60, 4.

 

(d) Repealed by Laws 1992, ch. 60, 4.

 

(e) The industrial siting division is the successor to thepowers, duties, functions and regulatory authority of the state office ofindustrial siting administration which is abolished effective April 1, 1992.

 

35-11-108. Appointment of director and division administrators;qualifications of director; term; salaries; employment of assistants.

 

Thegovernor with the advice and consent of the senate shall appoint a director ofthe department who is the department's executive and administrative head. Thedirector shall possess technical qualifications and administrative and otherexperience sufficient to fulfill the duties of his position. The director shallappoint administrators for each of the divisions of abandoned mine land,industrial siting, solid and hazardous waste management, air quality, waterquality and land quality, who are the executive and administrative heads of theirrespective divisions. The administrators shall serve at the pleasure of thedirector and are responsible to and under the control and supervision of thedirector. The salary and qualifications of each administrator shall bedetermined by the human resources division. The director, with the advice ofthe respective administrators, may employ professional, technical and otherassistants, along with other employees as may be necessary to carry out thepurposes of this act. The governor may remove the director as provided in W.S.9-1-202.

 

35-11-109. Powers and duties of director.

 

(a) In addition to any other powers and duties imposed by law,the director of the department shall:

 

(i) Perform any and all acts necessary to promulgate,administer and enforce the provisions of this act and any rules, regulations,orders, limitations, standards, requirements or permits adopted, established orissued thereunder, and to exercise all incidental powers as necessary to carryout the purposes of this act;

 

(ii) Advise, consult and cooperate with other agencies of thestate, the federal government, other states, interstate agencies, and otherpersons in furtherance of the purposes of this act;

 

(iii) Exercise the powers and duties conferred and imposed bythis act in such a manner as to carry out the policy stated in W.S. 35-11-102;

 

(iv) Conduct, encourage, request and participate in, studies,surveys, investigations, research, experiments, training and demonstrations bycontract, grant or otherwise; prepare and require permittees to prepare reportsand install, use and maintain any monitoring equipment or methods reasonablynecessary for compliance with the provisions of this act; and collectinformation and disseminate to the public such information as is deemedreasonable and necessary for the proper enforcement of this act;

 

(v) Conduct programs of continuing surveillance and of a regularperiodic inspection of all actual or potential sources of pollution and ofpublic water supplies with the assistance of the administrators;

 

(vi) Designate authorized officers, employees or representativesof the department to enter and inspect any property, premise or place, exceptprivate residences, on or at which an air, water or land pollution source islocated or is being constructed or installed, or any premises in which anyrecords required to be maintained by a surface coal mining permittee arelocated. Persons so designated may inspect and copy any records during normaloffice hours, and inspect any monitoring equipment or method of operationrequired to be maintained pursuant to this act at any reasonable time uponpresentation of appropriate credentials, and without delay, for the purpose ofinvestigating actual or potential sources of air, water or land pollution andfor determining compliance or noncompliance with this act, and any rules,regulations, standards, permits or orders promulgated hereunder. For surfacecoal mining operations, right of entry to or inspection of any operation,premises, records or equipment shall not require advance notice. The owner,occupant or operator shall receive a duplicate copy of all reports made as aresult of such inspections within thirty (30) days. The department shallreimburse any operator for the reasonable costs incurred in producing copies ofthe records requested by the department under this section;

 

(vii) Investigate violations of this act or regulations adoptedhereunder and prepare and present enforcement cases before the council; to takesuch enforcement action as set out in articles 6 and 7 of this act; to appearbefore the council on any hearing under this act;

 

(viii) Represent Wyoming in any matters pertaining to plans,procedures or negotiations for interstate compacts or other intergovernmentalarrangements relating to environmental enhancement and protection. The directorshall cooperate and participate in the negotiation and execution of consentorders, permit issuance, site investigations and remedial measures by andbetween federal agencies and the owners or operators of Wyoming facilitieswhere the department has not been delegated the authority to administer andenforce federal legislation;

 

(ix) Accept, receive and administer any grants, gifts, loans orother funds made available from any source for the purposes of this act. Anymonies received by the director pursuant to this paragraph shall be depositedwith the state treasurer in the account or fund as provided by law for thepurpose designated;

 

(x) Serve as advisor to the council, without vote, on allmatters other than the consideration of rules proposed by the department orcontested case proceedings in which the department is a party;

 

(xi) Designate authorized officers, employees or representativesof the department to monitor the air, water, and land quality, and solid wastemanagement operations of all facilities which have been granted permits underW.S. 35-12-101 through 35-12-119, for assuring continuing compliance withconditions and requirements of their permits and for discovering and preventingnoncompliance with the permits or violations of law;

 

(xii) Exercise all the powers granted to administrators by W.S.35-11-110;

 

(xiii) Issue, deny, amend, suspend or revoke permits and licensesand determine the amount of bonds to be posted by the operator to insurereclamation of any affected lands;

 

(xiv) Exercise the powers and duties conferred and imposed bythis act. Any person who generates, stores, treats, transports, disposes of orotherwise handles or has handled hazardous wastes shall, upon request, furnishinformation relating to the wastes and permit at all reasonable times thedirector or designated officers, employees or representatives of the departmentto have access to, and to copy all records relating to the wastes. Forpurposes of developing or assisting in the development of any hazardous wasteregulation or enforcing the hazardous waste provisions of this act, thedesignated officers, employees or representatives are authorized to:

 

(A) Enter at reasonable times any establishment, property,premise or other place where hazardous wastes are or have been generated,stored, treated, disposed of or transported from; and

 

(B) Inspect and obtain samples from any person of the wastesand samples of any containers or labeling for the wastes.

 

(xv) Commence and complete with reasonable promptness eachinspection conducted under paragraph (xiv) of this subsection. If an officer,employee or representative acting pursuant to paragraph (xiv) of thissubsection, obtains any samples, prior to leaving the premises, he shall giveto the owner, operator or agent in charge a receipt describing the sampleobtained and if requested a portion of each sample equal in volume or weight tothe portion retained. If any analysis is made of the samples, a copy of theresults of the analysis shall be furnished promptly to the owner, operator oragent in charge.

 

(b) In addition to any other powers and duties imposed by law,the director of the department may allow the permitting and reportingrequirements of this act to be conducted electronically as provided by theUniform Electronic Transaction Act, W.S. 40-21-101 through 40-21-119 and anyapplicable federal electronic requirements.

 

35-11-110. Powers of administrators of the divisions.

 

(a) The administrators of the air quality, land quality andwater quality divisions, under the control and supervision of the director,shall enforce and administer this act and the rules, regulations and standardspromulgated hereunder. Each administrator shall have the following powers:

 

(i) To serve as executive secretary of their respectiveadvisory boards without vote;

 

(ii) To make recommendations to the director regarding theissuance, denial, amendment, suspension or revocation of permits and licensesand to make recommendations to the director regarding the amount of bond to beposted by the operator to insure reclamation of any affected lands;

 

(iii) To supervise studies, surveys, investigations, experimentsand research projects assigned by the director and report all informationgained therefrom to the director and the appropriate advisory board;

 

(iv) To determine the degrees of air, water or land pollutionthroughout the state and the several parts thereof;

 

(v) To administer, in accordance with this act, any permit orcertification systems which may be established hereunder;

 

(vi) To require the owners and operators of any point source tocomplete plans and specifications for any application for a permit required bythis act or regulations made pursuant hereto and require the submission of suchreports regarding actual or potential violations of this act or regulationsthereunder;

 

(vii) To require the owner or operator of any point source to:

 

(A) Establish and maintain records;

 

(B) Make reports;

 

(C) Install, use and maintain monitoring equipment or methods;

 

(D) Sample effluents, discharges or emissions;

 

(E) Provide such other information as may be reasonablyrequired and specified.

 

(viii) To consult with and report to the appropriate advisoryboard and to make written reports of all the activities of his division to saidadvisory board at each of its regularly scheduled meetings;

 

(ix) To recommend to the director, after consultation with theappropriate advisory board, that any rule, regulation or standard or anyamendment adopted hereunder may differ in its terms and provisions as betweenparticular types, characteristics, quantities, conditions and circumstances ofair, water or land pollution and its duration, as between particular air, waterand land pollution services and as between particular areas of the state;

 

(x) To possess such further powers as shall be reasonablynecessary and incidental to the proper performance of the duties imposed uponthe divisions under this act.

 

(b) The administrator of the land quality division shall have,in addition to the powers set forth in subsection (a) of this section, thepower to issue, deny, amend, suspend or revoke licenses and to determine theamount of bonds to be posted by an operator to insure reclamation of affectedlands in accordance with the specific authority granted the administrator underarticle 4 of this act.

 

(c) The administrator of the solid and hazardous wastemanagement division shall have the powers set forth in paragraphs (a)(ii)through (x) of this section.

 

(d) The administrator of the abandoned mine land division shallenforce and administer the provisions of W.S. 35-11-1201 through 35-11-1209 and35-11-1301 through 35-11-1304. He shall have the powers set forth in paragraph(a)(x) of this section.

 

(e) The administrator of the industrial siting division shallenforce and administer the provisions of W.S. 35-12-101 through 35-12-119. Heshall have the powers set forth in paragraph (a)(x) of this section.

 

35-11-111. Independent environmental quality council created; removal;terms; officers; meetings; expenses.

 

 

(a) There is created as a separate operating agency of stategovernment an independent council consisting of seven (7) members to be knownas the environmental quality council. Not more than four (4) of the membersshall be of the same political party. Council members shall be appointed by thegovernor with the advice and consent of the senate. The governor may remove anycouncil member as provided in W.S. 9-1-202. No employee of the state, otherthan employees of institutions of higher education, shall be a member of thecouncil. At all times, there shall be at least one (1) member from the mineralsindustry and one (1) member from agriculture. Any member receiving more thanten percent (10%) of his income from any permit applicant shall not act on apermit application from that applicant.

 

(b) The terms of the members shall be for four (4) years, exceptthat on the initial appointment, members' terms shall be as follows: three (3)shall serve for two (2) years, two (2) shall serve for three (3) years and two(2) shall serve for four (4) years, as designated by the initial appointment.If a vacancy occurs, the governor shall appoint a new member as provided inW.S. 28-12-101.

 

(c) The first meeting of the council shall be held within sixty(60) days after the effective date of this act at which time a chairman shallbe elected from among the members to serve a one (1) year term. The councilshall also annually elect from its membership a vice-chairman and a secretary,each for a term of one (1) year, and it shall keep a record of its proceedings.

 

(d) The council shall hold at least four (4) regularlyscheduled meetings each year. Special meetings may be called by the chairman,and special meetings shall be called by the chairman, upon a written requestsubmitted by three (3) or more members. Four (4) members shall constitute aquorum. All matters shall be decided by a majority vote of those on thecouncil.

 

(e) Unless otherwise prohibited by law, each member of thecouncil shall receive the same per diem, mileage and salary for attending andtraveling to and from meetings, hearings and other activities necessary to theperformance of the duties of the office in the same manner and amount asmembers of the Wyoming legislature. Council members who receive compensationfrom their employers for activities performed pursuant to this act shall notreceive salary but shall receive mileage and per diem if they are notreimbursed by their employers.

 

(f) Effective July 1, 1979, appointments and terms under thissection shall be in accordance with W.S. 28-12-101 through 28-12-103.

 

35-11-112. Powers and duties of the environmental quality council.

 

(a) The council shall act as the hearing examiner for thedepartment and shall hear and determine all cases or issues arising under thelaws, rules, regulations, standards or orders issued or administered by thedepartment or its air quality, land quality, solid and hazardous wastemanagement or water quality divisions. At the council's request the office ofadministrative hearings may provide a hearing officer for any rulemaking orcontested case hearing before the council, and the hearing officer may providerecommendations on procedural matters when requested by the council. Notwithstanding any other provision of this act, including this section, thecouncil shall have no authority to promulgate rules or to hear or determine anycase or issue arising under the laws, rules, regulations, standards or ordersissued or administered by the industrial siting or abandoned mine landdivisions of the department. The council shall:

 

(i) Promulgate rules and regulations necessary for theadministration of this act, after recommendation from the director of the department,the administrators of the various divisions and their respective advisoryboards;

 

(ii) Conduct hearings as required by the Wyoming AdministrativeProcedure Act for the adoption, amendment or repeal of rules, regulations,standards or orders recommended by the advisory boards through theadministrators and the director. The council shall approve all rules,regulations, standards or orders of the department before they become final;

 

(iii) Conduct hearings in any case contesting the administrationor enforcement of any law, rule, regulation, standard or order issued oradministered by the department or any division thereof;

 

(iv) Conduct hearings in any case contesting the grant, denial,suspension, revocation or renewal of any permit, license, certification orvariance authorized or required by this act;

 

(v) Designate at the earliest date and to the extent possiblethose areas of the state which are very rare or uncommon and have particularhistorical, archaeological, wildlife, surface geological, botanical or scenicvalue. When areas of privately owned lands are to be considered for suchdesignation, the council shall give notice to the record owner and hold hearingthereon, within a county in which the area, or major portion thereof, to be sodesignated is located, in accordance with the Wyoming Administrative ProcedureAct;

 

(vi) Adopt and when applicable, enforce the provisions of rule11 of the Wyoming Rules of Civil Procedure in a contested hearing conducted bythe council. The council may modify the procedural provisions of rule 11 to fitthe circumstances of a hearing before the council and sanctions imposed by thecouncil. If the provisions of rule 11 are modified at a future date, thecouncil may adopt the modifications.

 

(b) The council may contract with consultants having specialexpertise to assist in the performance of its duties.

 

(c) Subject to any applicable state or federal law, and subjectto the right to appeal, the council may:

 

(i) Approve, disapprove, repeal, modify or suspend any rule,regulation, standard or order of the director or any division administrator;

 

(ii) Order that any permit, license, certification or variancebe granted, denied, suspended, revoked or modified;

 

(iii) Affirm, modify or deny the issuance of orders to cease anddesist any act or practice in violation of the laws, rules, regulations,standards or orders issued or administered by the department or any divisionthereof. Upon application by the council, the district court of the county in whichthe act or practice is taking place shall issue its order to comply with thecease and desist order, and violation of the court order may be punished as acontempt.

 

(d) The director and his staff shall provide the council withmeeting facilities, secretarial or clerical assistance, supplies and such otherassistance as the council may require in the performance of its duties.

 

(e) Upon request, the attorney general shall provide such legalassistance as the council may require in the conduct of its hearings, writingof its decisions or the enforcement of its orders. The council may employindependent legal assistance as necessary to the proper performance of itsduties.

 

(f) All proceedings of the council shall be conducted inaccordance with the Wyoming Administrative Procedure Act.

 

35-11-113. Advisory boards created; membership; removal; terms;meetings; expenses.

 

 

(a) There is created within the department three (3) advisoryboards, one (1) for each of the air quality, land quality and water qualitydivisions. Each advisory board shall consist of five (5) members appointed bythe governor. Each board shall have one (1) member who represents industry, one(1) member who represents agriculture, one (1) member who represents politicalsubdivisions and two (2) members who represent the public interest. Not morethan three (3) members of each board shall be from the same political party.The governor may remove any member of any of the advisory boards as provided inW.S. 9-1-202.

 

(b) For the initial appointments to each board, the governorshall appoint one (1) member for a six (6) year term, two (2) members for four(4) year terms and two (2) members for two (2) year terms. Thereafter allappointments shall be for four (4) year terms. No officer or employee of thestate, other than employees of institutions of higher education, may beappointed to a board. A vacancy occurs if any member ceases to represent theinterest group or political party for which he was originally appointed, or ifany member becomes unable or fails to serve for any reason. The governor shallfill vacancies by appointment for the unexpired portion of the term.

 

(c) Each advisory board shall meet within sixty (60) days afterthe effective date of this act to elect from among its members a chairman and avice-chairman. Such officers shall be elected annually thereafter. Each boardshall hold at least four (4) regularly scheduled meetings each year, andspecial meetings may be called by the chairman at any time. Three (3) membersshall constitute a quorum for the purpose of conducting business, but alldecisions must be approved by a majority of the total membership of the board.Each board shall keep a written record of its meetings and proceedings. Eachboard member shall be reimbursed for per diem, mileage and expenses forattending board meetings in the same manner and amount as state employees.

 

35-11-114. Powers and duties of the advisory b


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title35 > Chapter11

CHAPTER 11 - ENVIRONMENTAL QUALITY

 

ARTICLE 1 - GENERAL PROVISIONS

 

35-11-101. Short title.

 

Thisact shall be known and may be cited as the "Wyoming Environmental QualityAct".

 

35-11-102. Policy and purpose.

 

Whereaspollution of the air, water and land of this state will imperil public healthand welfare, create public or private nuisances, be harmful to wildlife, fishand aquatic life, and impair domestic, agricultural, industrial, recreationaland other beneficial uses; it is hereby declared to be the policy and purposeof this act to enable the state to prevent, reduce and eliminate pollution; topreserve, and enhance the air, water and reclaim the land of Wyoming; to planthe development, use, reclamation, preservation and enhancement of the air,land and water resources of the state; to preserve and exercise the primaryresponsibilities and rights of the state of Wyoming; to retain for the statethe control over its air, land and water and to secure cooperation betweenagencies of the state, agencies of other states, interstate agencies, and thefederal government in carrying out these objectives.

 

35-11-103. Definitions.

 

(a) For the purpose of this act, unless the context otherwiserequires:

 

(i) "Department" means the department ofenvironmental quality established by this act;

 

(ii) "Council" means the environmental quality councilestablished by this act;

 

(iii) "Director" means the director of the departmentof environmental quality;

 

(iv) "Board" means one (1) or more of the advisoryboards in each division of air, land, or water quality;

 

(v) "Administrator" means the administrator of eachdivision of the department;

 

(vi) "Person" means an individual, partnership, firm,association, joint venture, public or private corporation, trust, estate,commission, board, public or private institution, utility, cooperative,municipality or any other political subdivision of the state, or any interstatebody or any other legal entity;

 

(vii) "Aggrieved party" means any person named oradmitted as a party or properly seeking or entitled as of right to be admittedas a party to any proceeding under this act because of damages that person maysustain or be claiming because of his unique position in any proceeding heldunder this act;

 

(viii) "Interstate agency" means an agency of two (2) ormore states established by or pursuant to an agreement or compact approved bythe United States Congress or any other agency of two (2) or more states,having substantial powers or duties pertaining to the control of air, land orwater pollution;

 

(ix) "Municipality" means a city, town, county,district, association or other public body;

 

(x) "Nonpoint source" means any source of pollutionother than a point source. For purposes of W.S. 16-1-201 through 16-1-207only, nonpoint source includes leaking underground storage tanks as defined byW.S. 35-11-1415(a)(ix) and aboveground storage tanks as defined by W.S.35-11-1415(a)(xi);

 

(xi) "Point source" means any discernible, confinedand discrete conveyance, including but not limited to any pipe, ditch, channel,tunnel, conduit, well, discrete fissure, container, rolling stock, concentratedanimal feeding operation or vessel or other floating craft, from whichpollutants are or may be discharged;

 

(xii) The singular includes the plural, the plural the singular,and the masculine and feminine or neuter, when consistent with the intent ofthis act and necessary to effect its purpose;

 

(xiii) "This act" means W.S. 35-11-101 through35-11-403, 35-11-405, 35-11-406, 35-11-408 through 35-11-1106, 35-11-1414through 35-11-1428, 35-11-1601 through35-11-1613, 35-11-1701 and 35-11-1801 through 35-11-1803.

 

(b) Specific definitions applying to air quality:

 

(i) "Air contaminant" means odorous material, dust,fumes, mist, smoke, other particulate matter, vapor, gas or any combination ofthe foregoing, but shall not include steam or water vapor;

 

(ii) "Air pollution" means the presence in the outdooratmosphere of one (1) or more air contaminants in such quantities and durationwhich may be injurious to human health or welfare, animal or plant life, orproperty, or unreasonably interferes with the enjoyment of life or property;

 

(iii) "Clean Air Act" means the federal Clean Air Actof 1977, as amended by P.L. 101-549;

 

(iv) "Emission" means a release into the outdooratmosphere of air contaminants;

 

(v) "Operating permit program" means the permittingprogram authorized by W.S. 35-11-203 through 35-11-212 implementing a stateplan pursuant to the 1990 amendments to the Clean Air Act;

 

(vi) "Stationary source" means any building,structure, facility or installation which emits or may emit any air contaminant.

 

(c) Specific definitions applying to water quality:

 

(i) "Pollution" means contamination or otheralteration of the physical, chemical or biological properties of any waters ofthe state, including change in temperature, taste, color, turbidity or odor ofthe waters or any discharge of any acid or toxic material, chemical or chemicalcompound, whether it be liquid, gaseous, solid, radioactive or other substance,including wastes, into any waters of the state which creates a nuisance orrenders any waters harmful, detrimental or injurious to public health, safety orwelfare, to domestic, commercial, industrial, agricultural, recreational orother legitimate beneficial uses, or to livestock, wildlife or aquatic life, orwhich degrades the water for its intended use, or adversely affects theenvironment. This term does not mean water, gas or other material which isinjected into a well to facilitate production of oil, or gas or water, derivedin association with oil or gas production and disposed of in a well, if thewell used either to facilitate production or for disposal purposes is approvedby authority of the state, and if the state determines that such injection ordisposal well will not result in the degradation of ground or surface or waterresources;

 

(ii) "Wastes" means sewage, industrial waste and allother liquid, gaseous, solid, radioactive, or other substances which maypollute any waters of the state;

 

(iii) "Sewerage system" means pipelines, conduits,storm sewers, pumping stations, force mains, and all other constructions,devices, appurtenances and facilities used for collecting or conducting wastesto an ultimate point for treatment or disposal;

 

(iv) "Treatment works" means any plant or other worksused for the purpose of treating, stabilizing or holding wastes;

 

(v) "Disposal system" means a system for disposing ofwastes, either by surface or underground methods, including sewerage systems,treatment works, disposal wells, and absorption fields;

 

(vi) "Waters of the state" means all surface andgroundwater, including waters associated with wetlands, within Wyoming;

 

(vii) "Discharge" means any addition of any pollutionor wastes to any waters of the state;

 

(viii) "Public water supply" means a system for theprovision to the public of water for human consumption through pipes orconstructed conveyances, if such system has at least fifteen (15) serviceconnections or regularly serves at least twenty-five (25) individuals. Publicwater supply shall include:

 

(A) Any collection, treatment, storage and distributionfacility under control of the operator of the facility and used primarily inconnection with the system; and

 

(B) Any collection or pretreatment storage facilities not underthe control of the operator which are used primarily in connection with thesystem.

 

(ix) "Small wastewater system" means any seweragesystem, disposal system or treatment works having simple hydrologic andengineering needs which is intended for wastes originating from a singleresidential unit serving no more than four (4) families or which distributestwo thousand (2,000) gallons or less of domestic sewage per day;

 

(x) "Wetlands" means those areas in Wyoming havingall three (3) essential characteristics:

 

(A) Hydrophytic vegetation;

 

(B) Hydric soils; and

 

(C) Wetland hydrology.

 

(xi) "Compensatory mitigation" means replacement,substitution or enhancement of ecological functions and wetland values tooffset anticipated losses of those values caused by filling, draining orotherwise damaging a wetland;

 

(xii) "Ecological function" means the ability of anarea to support vegetation and fish and wildlife populations, rechargeaquifers, stabilize base flows, attenuate flooding, trap sediment and remove ortransform nutrients and other pollutants;

 

(xiii) "Mitigation" means all actions to avoid,minimize, restore and compensate for ecological functions or wetland valueslost;

 

(xiv) "Natural wetlands" means those wetlands thatoccur independently of human manipulation of the landscape;

 

(xv) "Man-made wetlands" means those wetlands that arecreated intentionally or occur incidental to human activities, and includes anyenhancement made to an existing wetland which increases its function or value;

 

(xvi) "Wetland value" means those socially significantattributes of wetlands such as uniqueness, heritage, recreation, aesthetics anda variety of economic values;

 

(xvii) "Community water system" means a public watersupply that has at least fifteen (15) service connections used year-round byresidents or that regularly provides water to at least twenty-five (25)residents year-round, including, but not limited to, municipalities and waterdistricts;

 

(xviii) "Nontransient noncommunity water system" means apublic water supply which is not a community water system and which regularlyprovides service to at least twenty-five (25) of the same persons for more thansix (6) months of the year where those persons are not full-time residents,including, but not limited to, schools, factories and office buildings;

 

(xix) "Credible data" means scientifically valid chemical,physical and biological monitoring data collected under an accepted samplingand analysis plan, including quality control, quality assurance procedures andavailable historical data;

 

(xx) "Geologic sequestration" means the injection ofcarbon dioxide and associated constituents into subsurface geologic formationsintended to prevent its release into the atmosphere;

 

(xxi) "Geologic sequestration site" means theunderground geologic formations where the carbon dioxide is intended to bestored;

 

(xxii) "Geologic sequestration facilities" means thesurface equipment used for transport, storage and injection of carbon dioxide.

 

(d) Specific definitions applying to solid waste management:

 

(i) "Solid waste" means garbage, and other discardedsolid materials, materials, including solid waste materials resulting fromindustrial, commercial, and agricultural operations, and from communityactivities, but, unless disposed of at a solid waste management facility, doesnot include:

 

(A) Solids or dissolved material in domestic sewerage or othersignificant pollutants in water resources, such as silt, dissolved or suspendedsolids in industrial waste water effluents, dissolved materials in irrigationreturn flows or other common water pollutants;

 

(B) Liquids, solids, sludges or dissolved constituents whichare collected or separated in process units for recycling, recovery or reuseincluding the recovery of energy, within a continuous or batch manufacturing orrefining process; or

 

(C) Agricultural materials which are recycled in the productionof agricultural commodities.

 

(ii) "Solid waste management facility" means anyfacility for the transfer, treatment, processing, storage or disposal of solidwaste, but does not include:

 

(A) Lands or facilities subject to the permitting requirementsof article 3 of this act;

 

(B) Facilities which would have been subject to the permittingrequirements of article 3 of this act if constructed after July 1, 1973;

 

(C) Any facility described under W.S. 30-5-104(d)(vi)(A) or(B);

 

(D) Lands and facilities subject to the permitting requirementsof article 2, 3 or 4 of this act used solely for the management of wastesgenerated within the boundary of the permitted facility or mine operation bythe facility or mine owner or operator or from a mine mouth electric powerplant or coal drier;

 

(E) Lands and facilities owned by a person engaged in farmingor ranching and used to dispose of solid waste generated incidental to hisfarming and ranching operations; or

 

(F) Transport vehicles, storage containers and treatment of thewaste in containers.

 

(iii) "Cost effective" means the selection ofalternative responses taking into account total short-term and long-term costsof those responses including the costs of operation and maintenance for theentire activity, the presence of naturally occurring hazardous or toxicsubstances, current or potential uses of the natural resources impacted;

 

(iv) "Commercial solid waste management facility"means any facility receiving a monthly average greater than five hundred (500)short tons per day of unprocessed household refuse or mixed household andindustrial refuse for management or disposal;

 

(v) "Commercial radioactive waste managementfacility" means any facility used or intended to be used to receive fordisposal, storage, reprocessing or treatment, any amount of radioactive wasteswhich are generated by any person other than the facility owner or operator, orwhich are generated at a location other than the location of the facility, butdoes not include:

 

(A) Uranium mill tailings facilities licensed by the UnitedStates Nuclear Regulatory Commission which receive in situ leaching uraniummining by-product materials or are specifically authorized by the department ona limited basis to receive small quantities of wastes defined in section 11e(2)of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)) which weregenerated by persons other than the facility owner or operator or which weregenerated at a location other than the location of the facility, or both; and

 

(B) Facilities used for the temporary storage of radioactivewastes generated by the facility owner or operator, including facilities forthe temporary storage of naturally occurring radioactive materials generatedduring the course of oil or natural gas exploration or production, provided thestorage of radioactive wastes is in compliance with applicable state andfederal law; and

 

(C) Permitted solid waste disposal facilities which areauthorized by the director to receive small quantities of radioactive wastescontaining only naturally occurring radioactive materials, or which receiveradioactive materials that have been exempted from regulation under section 10of the Low-Level Radioactive Waste Policy Amendments Act of 1985, 42 U.S.C. 2021j, or both if found by the department not to threaten human health and theenvironment; and

 

(D) Federally owned facilities used exclusively for thestorage, reprocessing or treatment of spent reactor fuel;

 

(E) Facilities licensed by the United States nuclear regulatorycommission whose sole purpose is to receive in situ leaching uranium miningby-product materials as defined in section 11(e)(2) of the Atomic Energy Act of1954 (42 U.S.C. 2014(e)(2)).

 

(vi) "Long term remediation and monitoring trust" means atrust account established to provide funding for perpetual monitoring,maintenance and remediation of any commercial radioactive waste managementfacility. The adequacy of the initial and subsequent funding, including thequality of any bond or letter of credit, shall be determined jointly by thedirector, the insurance commissioner and the attorney general. Expendituresfrom the trust shall be only for commercial radioactive waste regulation,monitoring and remediation;

 

(vii) "Hazardous waste" means any liquid, solid,semisolid or contained gaseous waste or combination of those wastes whichbecause of quantity, concentration or physical, chemical or infectiouscharacteristics may cause or significantly contribute to detrimental humanhealth effects, or pose a substantial present or potential hazard to humanhealth or the environment. Only those materials listed as hazardous wastes bythe United States environmental protection agency's hazardous waste managementregulations or which exhibit a hazardous waste characteristic specified by theenvironmental protection agency shall be considered hazardous wastes. Hazardous waste does not include those hazardous wastes exempted under theResource Conservation and Recovery Act, P.L. 94-580, or under the United Statesenvironmental protection agency's hazardous waste management regulations forthe period that they remain exempted by congressional or administrative action.

 

(e) Specific definitions for land quality:

 

(i) "Reclamation" means the process of reclaiming anarea of land affected by mining to use for grazing, agricultural, recreational,wildlife purposes, or any other purpose of equal or greater value. The processmay require contouring, terracing, grading, resoiling, revegetation, compactionand stabilization, settling ponds, water impoundments, diversion ditches, andother water treatment facilities in order to eliminate water diminution to theextent that existing water sources are adversely affected, pollution, soil andwind erosion, or flooding resulting from mining or any other activity toaccomplish the reclamation of the land affected to a useful purpose;

 

(ii) "Minerals" means coal, clay, stone, sand, gravel,bentonite, scoria, rock, pumice, limestone, ballast rock, uranium, gypsum,feldspar, copper ore, iron ore, oil shale, trona, and any other materialremoved from the earth for reuse or further processing;

 

(iii) "Contouring" means grading or backfilling andgrading the land affected and reclaiming it to the proposed future use withadequate provisions for drainage. Depressions to accumulate water are notallowed except if approved as part of the reclamation plan;

 

(iv) "Overburden" means all of the earth and othermaterials which lie above the mineral deposit and also means such earth and othermaterials disturbed from their natural state in the process of mining, ormining from exposed natural deposits;

 

(v) "Underground mining" means the mining of mineralsby man-made excavation underneath the surface of the earth;

 

(vi) "Pit" means a tract of land from which overburdenhas been or is being removed for the purpose of surface mining or mining froman exposed natural deposit;

 

(vii) "Adjacent lands" means all lands within one-halfmile of the proposed permit area;

 

(viii) "Operation" means all of the activities,equipment, premises, facilities, structures, roads, rights-of-way, waste andrefuse areas excluding uranium mill tailings and mill facilities, within theNuclear Regulatory Commission license area, storage and processing areas, andshipping areas used in the process of excavating or removing overburden andminerals from the affected land or for removing overburden for the purpose ofdetermining the location, quality or quantity of a natural mineral deposit orfor the reclamation of affected lands;

 

(ix) "Operator" means any person, as defined in thisact, engaged in mining, either as a principal who is or becomes the owner ofminerals as a result of mining, or who acts as an agent or independentcontractor on behalf of such principal in the conduct of mining operations;

 

(x) "Surface mining" means the mining of minerals byremoving the overburden lying above natural deposits thereof and miningdirectly from the natural deposits thereby exposed, including strip, open pit,dredging, quarrying, surface leaching, and related activities;

 

(xi) "Mining permit" means certification by thedirector that the affected land described may be mined for minerals by alicensed operator in compliance with an approved mining plan and reclamationplan. No mining may be commenced or conducted on land for which there is not ineffect a valid mining permit. A mining permit shall remain valid and in forcefrom the date of its issuance until the termination of all mining and reclamationoperations, except as otherwise provided in this act;

 

(xii) "Spoil pile" means the overburden or any rejectminerals as piled or deposited by surface or underground mining;

 

(xiii) "A license to mine for minerals" means thecertification from the administrator that the licensee has the right to conductmining operations on the subject lands in compliance with this act; for which avalid permit exists; that he has deposited a bond conditioned on his faithfulfulfillment of the requirements thereof; and that upon investigation theadministrator has determined that the licensed mining operation is within thepurposes of this act;

 

(xiv) "Topsoil" means soil on the surface prior to miningthat will support plant life;

 

(xv) "Exploration by dozing" means the removal ofoverburden by trenching with a bulldozer or other earth moving equipment toexpose possible indications of mineralization;

 

(xvi) "Affected land" means the area of land from whichoverburden is removed, or upon which overburden, development waste rock orrefuse is deposited, or both, including access roads, haul roads, mineralstockpiles, mill tailings excluding uranium mill tailings, and mill facilities,within the Nuclear Regulatory Commission license area, impoundment basinsexcluding uranium mill tailings impoundments, and all other lands whose naturalstate has been or will be disturbed as a result of the operations;

 

(xvii) "Refuse" means all waste material directlyconnected with mining including overburden, reject mineral or mill tailingsexcluding uranium mill tailings, which have passed through a processing plantprior to deposition on affected land;

 

(xviii) "Alluvial valley floors" means the unconsolidatedstream laid deposits holding streams where water availability is sufficient forsubirrigation or flood irrigation agricultural activities but does not includeupland areas which are generally overlain by a thin veneer of colluvialdeposits composed chiefly of debris from sheet erosion, deposits byunconcentrated runoff or slope wash, together with talus, other mass movementaccumulation and windblown deposits;

 

(xix) "Prime farmland" shall have the same meaning asthat previously prescribed by the United States secretary of agriculture on thebasis of such factors as moisture availability, temperature regime, chemicalbalance, permeability, surface layer composition, susceptibility to floodingand erosion characteristics, and which historically have been used forintensive agricultural purposes, and as published in the federal register;

 

(xx) "Surface coal mining operation" means:

 

(A) Activities conducted on the surface of lands in connectionwith a surface coal mine or with the surface impacts incident to an undergroundcoal mine as provided in Section 516 of P.L. 95-87. These activities includeexcavation for the purpose of obtaining coal including common methods ascontour, strip, auger, mountaintop removal, box cut, open pit and area mining,the use of explosives and blasting, and in situ distillation or retorting,leaching or other chemical or physical processing, and the cleaning, concentratingor other processing or preparation, and the loading of coal; and

 

(B) The areas upon which these activities occur or where theseactivities disturb the land surface. These areas shall also include anyadjacent land the use of which is incidental to any of these activities, alllands affected by the construction of new roads or the improvement or use ofexisting roads to gain access to the site of these activities and for haulage,and excavations, workings, impoundments, dams, ventilation shafts, entry ways,refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks,tailings, holes or depressions, repair areas, storage areas, processing areas,shipping areas and other areas upon which are sited structures, facilities orother property or materials on the surface, resulting from or incident to theseactivities.

 

(xxi) "Steep slope surface coal mining operation" meansa surface coal mining operation where mining occurs along the contour of asteep slope generally exceeding twenty (20) degrees and which, because of thesteepness of the terrain, requires special spoil handling procedures;

 

(xxii) "Complete application" under W.S. 35-11-406(e)means that the application contains all the essential and necessary elementsand is acceptable for further review for substance and compliance with theprovisions of this chapter;

 

(xxiii) "Interim mine stabilization" means a temporarycessation of mining operation within the terms of a valid permit to mine;

 

(xxiv) "Deficiency" means an omission or lack ofsufficient information serious enough to preclude correction or compliance bystipulation in the approved permit to be issued by the director;

 

(xxv) "Imminent or continuous threat" means, withrespect to the coal mine subsidence mitigation program, physical data whichshows an immediate significant threat of damage from mine subsidence orinsurance claim records which support progressive and continuous minesubsidence loss damage to structure;

 

(xxvi) "Fish and wildlife habitat" means land dedicatedwholly or partially to the production, protection or management of species offish or wildlife;

 

(xxvii) "Grazingland" includes rangelands and forestlandswhere the indigenous native vegetation is actively managed for grazing,browsing, occasional hay production, and occasional use by wildlife;

 

(xxviii) Repealed by Laws 1994, ch. 87, 2.

 

(xxix) Repealed by Laws 1994, ch. 87, 2.

 

(xxx) Repealed by Laws 1994, ch. 87, 2.

 

(f) Specific definitions applying to in situ mining are:

 

(i) "Best practicable technology" means a technologybased process justifiable in terms of existing performance and achievability inrelation to health and safety which minimizes, to the extent safe andpracticable, disturbances and adverse impacts of the operation on human oranimal life, fish, wildlife, plant life and related environmental values;

 

(ii) "Excursion" means any unwanted and unauthorizedmovement of recovery fluid out of the production zone as a result of in situmining activities;

 

(iii) "Groundwater restoration" means the conditionachieved when the quality of all groundwater affected by the injection ofrecovery fluids is returned to a quality of use equal to or better than, andconsistent with the uses for which the water was suitable prior to theoperation by employing the best practicable technology;

 

(iv) "In situ mining" means a method of in-placesurface mining in which limited quantities of overburden are disturbed toinstall a conduit or well and the mineral is mined by injecting or recovering aliquid, solid, sludge or gas that causes the leaching, dissolution,gasification, liquefaction or extraction of the mineral. In situ mining doesnot include the primary or enhanced recovery of naturally occurring oil and gasor any related process regulated by the Wyoming oil and gas conservationcommission;

 

(v) "Production zone" means the geologic intervalinto which recovery fluids are to be injected or extracted;

 

(vi) "Reclamation" includes groundwater restoration;

 

(vii) "Recovery fluid" means any material which flowsor moves, whether semi-solid, liquid, sludge, gas or other form or state, usedto dissolve, leach, gasify or extract a mineral;

 

(viii) "Research and development testing" meansconducting research and development activities to indicate mineability orworkability of and develop reclamation techniques for an in situ operation.

 

(g) Specific definitions applying to voluntary remediation,real property remediation account and innocent owners:

 

(i) "Adjacent" means property contiguous to aneligible site, and contiguous or noncontiguous property onto or under which contaminantsare known to have migrated from such site;

 

(ii) "Certificate of completion" means a certificateissued by the director stating that all remediation requirements for a sitehave been successfully implemented or satisfied. The certificate of completionshall incorporate any required institutional and engineering controls forfuture use of the site, which may include deed restrictions recorded by thesite owner. A certificate of completion may be conditioned upon the duty toperform any continuing requirements specified in a remedy agreement;

 

(iii) "Contaminant" means any chemical, material,substance or waste:

 

(A) Which is regulated under any applicable federal, state orlocal law or regulation;

 

(B) Which is classified as hazardous or toxic under federal,state or local law or regulation; or

 

(C) To which exposure is regulated under federal, state orlocal law or regulation.

 

(iv) "Covenant not to sue" means a written pledgeissued by the director stating that the state shall not sue the person or anysubsequent owner concerning contaminants and liability addressed by a remedyagreement. A covenant not to sue may be conditioned upon the duty to performany continuing requirements specified in a remedy agreement;

 

(v) "Engineering controls" means measures, such ascapping, containment, slurry walls, extraction wells or treatment methods thatare capable of managing environmental and health risks by reducingcontamination levels or limiting exposure pathways;

 

(vi) "Governmental entity" shall have the followingmeaning as determined by the location of an eligible site. For the purposes ofthis definition, city shall include both first class cities and towns:

 

(A) The city, for a site located entirely within the boundaryof that city;

 

(B) Both the city and county, for a site located partiallywithin that city or within the extraterritorial boundary of a city;

 

(C) The county, for a site located outside the boundary of acity and outside the extraterritorial boundary of the city; or

 

(D) The federal land management agency, for a site located onlands managed by that federal agency.

 

(vii) "Institutional controls" means restrictions onthe use of a site, including deed notices, voluntary deed restrictions or otherconditions, covenants or restrictions imposed by the property owner and filedwith the county clerk, use control areas, and zoning regulations orrestrictions;

 

(viii) "No further action letter" means a letter issuedby the director stating that the department has determined that no furtherremediation is required on the site;

 

(ix) "Remediation" means all actions necessary toassess, test, investigate or characterize a site, and to clean up, remove,treat, or in any other way address any contaminants that are on, in or under asite or adjacent property to prevent, minimize or mitigate harm to human healthor the environment;

 

(x) "Site" means a parcel of real property;

 

(xi) "Use control area" means an area designated by agovernmental entity or entities for the purpose of controlling current andfuture property uses.

 

35-11-104. Department of environmental quality created.

 

Thereis created a department within the executive branch entitled "The StateDepartment of Environmental Quality" as provided in W.S. 9-2-2013.

 

35-11-105. Divisions enumerated.

 

 

(a) The department shall consist of the following divisions:

 

(i) Air quality division;

 

(ii) Water quality division;

 

(iii) Land quality division;

 

(iv) Solid and hazardous waste management division;

 

(v) Abandoned mine land division;

 

(vi) Industrial siting division.

 

35-11-106. Powers, duties, functions and regulatory authority.

 

 

(a) All powers, duties, functions and regulatory authorityvested in the state office of industrial siting administration are transferredto the department, as of April 1, 1992. The performance of such acts orfunctions by the industrial siting division of the department shall have thesame effect as if done by the former state office of industrial sitingadministration as referred to or designated by law, contract or other document.The reference or designation to the former state office of industrial siting administrationshall now apply to the industrial siting division of the department. Theindustrial siting council shall retain all powers, duties, functions andregulatory authority but shall be within the department.

 

(b) All rules, regulations and orders of the former stateoffice of industrial siting administration, the industrial siting council,abandoned mine reclamation program, solid waste management program or any otherprogram or entity transferred to the department by this act which were lawfullyadopted prior to April 1, 1992 are adopted as the rules, regulations and ordersof the department and shall continue to be effective until revised, amended,repealed or nullified pursuant to law.

 

35-11-107. Transfer of funds, records, property and personnel.

 

 

(a) All records, physical property and personnel includingtheir rights and privileges under the merit system, retirement system andpersonnel system, and any appropriated or unused funds of the former stateoffice of industrial siting administration and of the industrial siting councilshall be transferred to the department as of the effective date of this act.All records, lists or other information which by law are confidential orprivileged in nature shall remain as such.

 

(b) Repealed by Laws 1992, ch. 60, 4.

 

(c) Repealed by Laws 1992, ch. 60, 4.

 

(d) Repealed by Laws 1992, ch. 60, 4.

 

(e) The industrial siting division is the successor to thepowers, duties, functions and regulatory authority of the state office ofindustrial siting administration which is abolished effective April 1, 1992.

 

35-11-108. Appointment of director and division administrators;qualifications of director; term; salaries; employment of assistants.

 

Thegovernor with the advice and consent of the senate shall appoint a director ofthe department who is the department's executive and administrative head. Thedirector shall possess technical qualifications and administrative and otherexperience sufficient to fulfill the duties of his position. The director shallappoint administrators for each of the divisions of abandoned mine land,industrial siting, solid and hazardous waste management, air quality, waterquality and land quality, who are the executive and administrative heads of theirrespective divisions. The administrators shall serve at the pleasure of thedirector and are responsible to and under the control and supervision of thedirector. The salary and qualifications of each administrator shall bedetermined by the human resources division. The director, with the advice ofthe respective administrators, may employ professional, technical and otherassistants, along with other employees as may be necessary to carry out thepurposes of this act. The governor may remove the director as provided in W.S.9-1-202.

 

35-11-109. Powers and duties of director.

 

(a) In addition to any other powers and duties imposed by law,the director of the department shall:

 

(i) Perform any and all acts necessary to promulgate,administer and enforce the provisions of this act and any rules, regulations,orders, limitations, standards, requirements or permits adopted, established orissued thereunder, and to exercise all incidental powers as necessary to carryout the purposes of this act;

 

(ii) Advise, consult and cooperate with other agencies of thestate, the federal government, other states, interstate agencies, and otherpersons in furtherance of the purposes of this act;

 

(iii) Exercise the powers and duties conferred and imposed bythis act in such a manner as to carry out the policy stated in W.S. 35-11-102;

 

(iv) Conduct, encourage, request and participate in, studies,surveys, investigations, research, experiments, training and demonstrations bycontract, grant or otherwise; prepare and require permittees to prepare reportsand install, use and maintain any monitoring equipment or methods reasonablynecessary for compliance with the provisions of this act; and collectinformation and disseminate to the public such information as is deemedreasonable and necessary for the proper enforcement of this act;

 

(v) Conduct programs of continuing surveillance and of a regularperiodic inspection of all actual or potential sources of pollution and ofpublic water supplies with the assistance of the administrators;

 

(vi) Designate authorized officers, employees or representativesof the department to enter and inspect any property, premise or place, exceptprivate residences, on or at which an air, water or land pollution source islocated or is being constructed or installed, or any premises in which anyrecords required to be maintained by a surface coal mining permittee arelocated. Persons so designated may inspect and copy any records during normaloffice hours, and inspect any monitoring equipment or method of operationrequired to be maintained pursuant to this act at any reasonable time uponpresentation of appropriate credentials, and without delay, for the purpose ofinvestigating actual or potential sources of air, water or land pollution andfor determining compliance or noncompliance with this act, and any rules,regulations, standards, permits or orders promulgated hereunder. For surfacecoal mining operations, right of entry to or inspection of any operation,premises, records or equipment shall not require advance notice. The owner,occupant or operator shall receive a duplicate copy of all reports made as aresult of such inspections within thirty (30) days. The department shallreimburse any operator for the reasonable costs incurred in producing copies ofthe records requested by the department under this section;

 

(vii) Investigate violations of this act or regulations adoptedhereunder and prepare and present enforcement cases before the council; to takesuch enforcement action as set out in articles 6 and 7 of this act; to appearbefore the council on any hearing under this act;

 

(viii) Represent Wyoming in any matters pertaining to plans,procedures or negotiations for interstate compacts or other intergovernmentalarrangements relating to environmental enhancement and protection. The directorshall cooperate and participate in the negotiation and execution of consentorders, permit issuance, site investigations and remedial measures by andbetween federal agencies and the owners or operators of Wyoming facilitieswhere the department has not been delegated the authority to administer andenforce federal legislation;

 

(ix) Accept, receive and administer any grants, gifts, loans orother funds made available from any source for the purposes of this act. Anymonies received by the director pursuant to this paragraph shall be depositedwith the state treasurer in the account or fund as provided by law for thepurpose designated;

 

(x) Serve as advisor to the council, without vote, on allmatters other than the consideration of rules proposed by the department orcontested case proceedings in which the department is a party;

 

(xi) Designate authorized officers, employees or representativesof the department to monitor the air, water, and land quality, and solid wastemanagement operations of all facilities which have been granted permits underW.S. 35-12-101 through 35-12-119, for assuring continuing compliance withconditions and requirements of their permits and for discovering and preventingnoncompliance with the permits or violations of law;

 

(xii) Exercise all the powers granted to administrators by W.S.35-11-110;

 

(xiii) Issue, deny, amend, suspend or revoke permits and licensesand determine the amount of bonds to be posted by the operator to insurereclamation of any affected lands;

 

(xiv) Exercise the powers and duties conferred and imposed bythis act. Any person who generates, stores, treats, transports, disposes of orotherwise handles or has handled hazardous wastes shall, upon request, furnishinformation relating to the wastes and permit at all reasonable times thedirector or designated officers, employees or representatives of the departmentto have access to, and to copy all records relating to the wastes. Forpurposes of developing or assisting in the development of any hazardous wasteregulation or enforcing the hazardous waste provisions of this act, thedesignated officers, employees or representatives are authorized to:

 

(A) Enter at reasonable times any establishment, property,premise or other place where hazardous wastes are or have been generated,stored, treated, disposed of or transported from; and

 

(B) Inspect and obtain samples from any person of the wastesand samples of any containers or labeling for the wastes.

 

(xv) Commence and complete with reasonable promptness eachinspection conducted under paragraph (xiv) of this subsection. If an officer,employee or representative acting pursuant to paragraph (xiv) of thissubsection, obtains any samples, prior to leaving the premises, he shall giveto the owner, operator or agent in charge a receipt describing the sampleobtained and if requested a portion of each sample equal in volume or weight tothe portion retained. If any analysis is made of the samples, a copy of theresults of the analysis shall be furnished promptly to the owner, operator oragent in charge.

 

(b) In addition to any other powers and duties imposed by law,the director of the department may allow the permitting and reportingrequirements of this act to be conducted electronically as provided by theUniform Electronic Transaction Act, W.S. 40-21-101 through 40-21-119 and anyapplicable federal electronic requirements.

 

35-11-110. Powers of administrators of the divisions.

 

(a) The administrators of the air quality, land quality andwater quality divisions, under the control and supervision of the director,shall enforce and administer this act and the rules, regulations and standardspromulgated hereunder. Each administrator shall have the following powers:

 

(i) To serve as executive secretary of their respectiveadvisory boards without vote;

 

(ii) To make recommendations to the director regarding theissuance, denial, amendment, suspension or revocation of permits and licensesand to make recommendations to the director regarding the amount of bond to beposted by the operator to insure reclamation of any affected lands;

 

(iii) To supervise studies, surveys, investigations, experimentsand research projects assigned by the director and report all informationgained therefrom to the director and the appropriate advisory board;

 

(iv) To determine the degrees of air, water or land pollutionthroughout the state and the several parts thereof;

 

(v) To administer, in accordance with this act, any permit orcertification systems which may be established hereunder;

 

(vi) To require the owners and operators of any point source tocomplete plans and specifications for any application for a permit required bythis act or regulations made pursuant hereto and require the submission of suchreports regarding actual or potential violations of this act or regulationsthereunder;

 

(vii) To require the owner or operator of any point source to:

 

(A) Establish and maintain records;

 

(B) Make reports;

 

(C) Install, use and maintain monitoring equipment or methods;

 

(D) Sample effluents, discharges or emissions;

 

(E) Provide such other information as may be reasonablyrequired and specified.

 

(viii) To consult with and report to the appropriate advisoryboard and to make written reports of all the activities of his division to saidadvisory board at each of its regularly scheduled meetings;

 

(ix) To recommend to the director, after consultation with theappropriate advisory board, that any rule, regulation or standard or anyamendment adopted hereunder may differ in its terms and provisions as betweenparticular types, characteristics, quantities, conditions and circumstances ofair, water or land pollution and its duration, as between particular air, waterand land pollution services and as between particular areas of the state;

 

(x) To possess such further powers as shall be reasonablynecessary and incidental to the proper performance of the duties imposed uponthe divisions under this act.

 

(b) The administrator of the land quality division shall have,in addition to the powers set forth in subsection (a) of this section, thepower to issue, deny, amend, suspend or revoke licenses and to determine theamount of bonds to be posted by an operator to insure reclamation of affectedlands in accordance with the specific authority granted the administrator underarticle 4 of this act.

 

(c) The administrator of the solid and hazardous wastemanagement division shall have the powers set forth in paragraphs (a)(ii)through (x) of this section.

 

(d) The administrator of the abandoned mine land division shallenforce and administer the provisions of W.S. 35-11-1201 through 35-11-1209 and35-11-1301 through 35-11-1304. He shall have the powers set forth in paragraph(a)(x) of this section.

 

(e) The administrator of the industrial siting division shallenforce and administer the provisions of W.S. 35-12-101 through 35-12-119. Heshall have the powers set forth in paragraph (a)(x) of this section.

 

35-11-111. Independent environmental quality council created; removal;terms; officers; meetings; expenses.

 

 

(a) There is created as a separate operating agency of stategovernment an independent council consisting of seven (7) members to be knownas the environmental quality council. Not more than four (4) of the membersshall be of the same political party. Council members shall be appointed by thegovernor with the advice and consent of the senate. The governor may remove anycouncil member as provided in W.S. 9-1-202. No employee of the state, otherthan employees of institutions of higher education, shall be a member of thecouncil. At all times, there shall be at least one (1) member from the mineralsindustry and one (1) member from agriculture. Any member receiving more thanten percent (10%) of his income from any permit applicant shall not act on apermit application from that applicant.

 

(b) The terms of the members shall be for four (4) years, exceptthat on the initial appointment, members' terms shall be as follows: three (3)shall serve for two (2) years, two (2) shall serve for three (3) years and two(2) shall serve for four (4) years, as designated by the initial appointment.If a vacancy occurs, the governor shall appoint a new member as provided inW.S. 28-12-101.

 

(c) The first meeting of the council shall be held within sixty(60) days after the effective date of this act at which time a chairman shallbe elected from among the members to serve a one (1) year term. The councilshall also annually elect from its membership a vice-chairman and a secretary,each for a term of one (1) year, and it shall keep a record of its proceedings.

 

(d) The council shall hold at least four (4) regularlyscheduled meetings each year. Special meetings may be called by the chairman,and special meetings shall be called by the chairman, upon a written requestsubmitted by three (3) or more members. Four (4) members shall constitute aquorum. All matters shall be decided by a majority vote of those on thecouncil.

 

(e) Unless otherwise prohibited by law, each member of thecouncil shall receive the same per diem, mileage and salary for attending andtraveling to and from meetings, hearings and other activities necessary to theperformance of the duties of the office in the same manner and amount asmembers of the Wyoming legislature. Council members who receive compensationfrom their employers for activities performed pursuant to this act shall notreceive salary but shall receive mileage and per diem if they are notreimbursed by their employers.

 

(f) Effective July 1, 1979, appointments and terms under thissection shall be in accordance with W.S. 28-12-101 through 28-12-103.

 

35-11-112. Powers and duties of the environmental quality council.

 

(a) The council shall act as the hearing examiner for thedepartment and shall hear and determine all cases or issues arising under thelaws, rules, regulations, standards or orders issued or administered by thedepartment or its air quality, land quality, solid and hazardous wastemanagement or water quality divisions. At the council's request the office ofadministrative hearings may provide a hearing officer for any rulemaking orcontested case hearing before the council, and the hearing officer may providerecommendations on procedural matters when requested by the council. Notwithstanding any other provision of this act, including this section, thecouncil shall have no authority to promulgate rules or to hear or determine anycase or issue arising under the laws, rules, regulations, standards or ordersissued or administered by the industrial siting or abandoned mine landdivisions of the department. The council shall:

 

(i) Promulgate rules and regulations necessary for theadministration of this act, after recommendation from the director of the department,the administrators of the various divisions and their respective advisoryboards;

 

(ii) Conduct hearings as required by the Wyoming AdministrativeProcedure Act for the adoption, amendment or repeal of rules, regulations,standards or orders recommended by the advisory boards through theadministrators and the director. The council shall approve all rules,regulations, standards or orders of the department before they become final;

 

(iii) Conduct hearings in any case contesting the administrationor enforcement of any law, rule, regulation, standard or order issued oradministered by the department or any division thereof;

 

(iv) Conduct hearings in any case contesting the grant, denial,suspension, revocation or renewal of any permit, license, certification orvariance authorized or required by this act;

 

(v) Designate at the earliest date and to the extent possiblethose areas of the state which are very rare or uncommon and have particularhistorical, archaeological, wildlife, surface geological, botanical or scenicvalue. When areas of privately owned lands are to be considered for suchdesignation, the council shall give notice to the record owner and hold hearingthereon, within a county in which the area, or major portion thereof, to be sodesignated is located, in accordance with the Wyoming Administrative ProcedureAct;

 

(vi) Adopt and when applicable, enforce the provisions of rule11 of the Wyoming Rules of Civil Procedure in a contested hearing conducted bythe council. The council may modify the procedural provisions of rule 11 to fitthe circumstances of a hearing before the council and sanctions imposed by thecouncil. If the provisions of rule 11 are modified at a future date, thecouncil may adopt the modifications.

 

(b) The council may contract with consultants having specialexpertise to assist in the performance of its duties.

 

(c) Subject to any applicable state or federal law, and subjectto the right to appeal, the council may:

 

(i) Approve, disapprove, repeal, modify or suspend any rule,regulation, standard or order of the director or any division administrator;

 

(ii) Order that any permit, license, certification or variancebe granted, denied, suspended, revoked or modified;

 

(iii) Affirm, modify or deny the issuance of orders to cease anddesist any act or practice in violation of the laws, rules, regulations,standards or orders issued or administered by the department or any divisionthereof. Upon application by the council, the district court of the county in whichthe act or practice is taking place shall issue its order to comply with thecease and desist order, and violation of the court order may be punished as acontempt.

 

(d) The director and his staff shall provide the council withmeeting facilities, secretarial or clerical assistance, supplies and such otherassistance as the council may require in the performance of its duties.

 

(e) Upon request, the attorney general shall provide such legalassistance as the council may require in the conduct of its hearings, writingof its decisions or the enforcement of its orders. The council may employindependent legal assistance as necessary to the proper performance of itsduties.

 

(f) All proceedings of the council shall be conducted inaccordance with the Wyoming Administrative Procedure Act.

 

35-11-113. Advisory boards created; membership; removal; terms;meetings; expenses.

 

 

(a) There is created within the department three (3) advisoryboards, one (1) for each of the air quality, land quality and water qualitydivisions. Each advisory board shall consist of five (5) members appointed bythe governor. Each board shall have one (1) member who represents industry, one(1) member who represents agriculture, one (1) member who represents politicalsubdivisions and two (2) members who represent the public interest. Not morethan three (3) members of each board shall be from the same political party.The governor may remove any member of any of the advisory boards as provided inW.S. 9-1-202.

 

(b) For the initial appointments to each board, the governorshall appoint one (1) member for a six (6) year term, two (2) members for four(4) year terms and two (2) members for two (2) year terms. Thereafter allappointments shall be for four (4) year terms. No officer or employee of thestate, other than employees of institutions of higher education, may beappointed to a board. A vacancy occurs if any member ceases to represent theinterest group or political party for which he was originally appointed, or ifany member becomes unable or fails to serve for any reason. The governor shallfill vacancies by appointment for the unexpired portion of the term.

 

(c) Each advisory board shall meet within sixty (60) days afterthe effective date of this act to elect from among its members a chairman and avice-chairman. Such officers shall be elected annually thereafter. Each boardshall hold at least four (4) regularly scheduled meetings each year, andspecial meetings may be called by the chairman at any time. Three (3) membersshall constitute a quorum for the purpose of conducting business, but alldecisions must be approved by a majority of the total membership of the board.Each board shall keep a written record of its meetings and proceedings. Eachboard member shall be reimbursed for per diem, mileage and expenses forattending board meetings in the same manner and amount as state employees.

 

35-11-114. Powers and duties of the advisory b

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