020-15 Wyo. Code R. § 15-1

Current through April 27, 2019
Section 15-1 - Authority

(a) General provisions: The Wyoming Environmental Quality Act, Article 5, Section 35 - 502.42 through 44 (Cumulative Supplement 1973) authorizes the Director of Environmental Quality to:

  • (i) Coordinate the activities of all State agencies concerned with Solid Waste Management and disposal. (35-502.42 )
  • (ii) Promulgate Rules and Regulations for operation of Solid Waste disposal sites. (35-502.44 )
  • (iii) Request Solid Waste disposal site plans for approval from any person or municipality that proposes to establish or is presently operating a Solid Waste Disposal site. (35-502.43 )

(b) Existing state statutes regulating solid waste disposal practices:

  • (i) 35-196: Prohibits industries from dumping refuse in any water body.
  • (ii) 35-462: Prohibits all waste disposal practices that constitutes either a nuisance or a potential source of water pollution.
  • (iii) 35-463: Provides a fine of not less than $50 or more than $200 or a jail term not to exceed six (6) months for violation of Statute 35-462.
  • (iv) 35-464: Prohibits the disposal of sawdust in any water body.
  • (v) 35-465: Provides for a fine not to exceed $100 for the improper disposal of dead animals.
  • (vi) 35-466: Prohibits the littering of public rights of way.
  • (vii) 35-502.16: No person shall cause, threaten or allow the discharge or emission of any air contaminant in any form so as to cause pollution which violates rules, regulations and standards adopted by the administrator after consultation with the advisory board.
  • (viii) 35-502.18: No person, except when authorized by a permit issued pursuant to the provisions of this act, shall:
    • (A) Cause, threaten or allow the discharge of any pollution or wastes into the waters of the state;
    • (B) Alter the physical, chemical, radiological, biological or bacteriological properties of any waters of the state;
    • (C) Construct, install, modify or operate any sewerage system, treatment works, disposal system or other facility, capable of causing or contributing to pollution;
    • (D) Increase the quantity or strength of any discharge;
    • (E) Construct, install, modify or operate any public water supply.

(c) Legislation assisting counties and municipalities.

  • (i) 9-18.13 through 9-18.20 "Wyoming Joint Powers Act". This Act gives two or more agencies the power to jointly plan, create, finance and operate:
    • (A) Water sewerage or Solid Waste facilities.
    • (B) Recreational facilities.
    • (C) Police protection agency facilities.
    • (D) Fire protection agency facilities.
    • (E) Transportation systems facilities.
    • (F) Public school facilities.
  • (ii) 15.1-410(i) Enrolled Act #98.
    • (A) Improvements authorized: In addition to all other powers provided by law, any city or town may make public improvements, for which bonds may be issued to the contractor, or be sold as provided in this chapter:
      • (I) To plan, create, construct and equip liquid and solid waste facilities. To carry out this power or to prevent pollution or injury to the environment, any city or town may go beyond its corporate limits and take hold and acquire property by purchase or otherwise, or in joint effort with cities, towns, counties or special districts. Cities or towns may enact ordinances and make all necessary rules and regulations for the government and protection of liquid and solid waste disposal facilities, and fix rates and provide for collection and disposal.
  • (iii) 18-330.30 through 18-330.34. Enrolled Act #109. Solid Waste Disposal Districts. An Act giving county commissioners the authority to:
    • (A) Establish by resolution one (1) or more solid waste disposal districts.
    • (B) Exercise all powers granted to cities and towns by W.S. 15-1-3(19) and (39) to adopt rules and regulations in managing the disposal of solid wastes within the district.
    • (C) Levy a tax upon the taxable property within a solid waste disposal district.

020-15 Wyo. Code R. § 15-1