Section 35-11-1204 – Right of Entry.
35-11-1204. Right of entry. (a) The director, administrator of the abandoned mine land division, or their designated authorized representative shall have the right to enter upon or have access to any property adversely affected by past coal mining practices to restore, reclaim, abate, control or prevent the adverse effects if the director makes a finding […]
Section 35-11-1205 – Land Acquisition and Disposal.
35-11-1205. Land acquisition and disposal. (a) The state may acquire any land, by purchase, donation or condemnation, which is adversely affected by past coal mining practices if the director, with the concurrence of the governor, finds that acquisition of the land is necessary to successful reclamation and that: (i) The acquired land, after restoration, reclamation, […]
Section 35-11-1206 – Liens for Reclamation on Private Lands.
35-11-1206. Liens for reclamation on private lands. (a) Within six (6) months after the completion of projects to restore, reclaim, abate, control or prevent adverse effects of past coal or mineral mining practices on privately owned land, the director shall itemize the monies expended and may file a lien against the property with the appropriate […]
Section 35-11-1201 – Abandoned Mine Reclamation Program.
35-11-1201. Abandoned mine reclamation program. In addition to any other powers and duties imposed by law, the governor, through the director shall perform any and all acts necessary or expedient to implement and administer an abandoned mine reclamation program pursuant to section 405 of P.L. 95-87 in accordance with an approved state reclamation plan and […]
Section 35-11-1202 – State Reclamation Plan.
35-11-1202. State reclamation plan. (a) The state reclamation plan may provide for any or all of the following activities: (i) The acquisition, reclamation or restoration of land and water resources which were mined for coal or minerals or affected by coal or other mineral mining processes and left or abandoned in an unreclaimed or inadequately […]
Section 35-11-1203 – Abandoned Mine Reclamation Account; Subsidence Mitigation Account.
35-11-1203. Abandoned mine reclamation account; subsidence mitigation account. (a) Upon approval of the state reclamation plan, the state treasurer shall create an abandoned mine reclamation account for the purpose of accounting for monies received by the state from the secretary of the interior and any other monies authorized to be deposited in the account. The […]
Section 35-11-1104 – Limitation of Scope of Provisions.
35-11-1104. Limitation of scope of provisions. (a) Nothing in this act: (i) Grants to the department or any division thereof any jurisdiction or authority with respect to pollution existing solely within commercial and industrial plants, works or shops; (ii) Affects the relations between employers and employees with respect to or arising out of any condition […]
Section 35-11-1105 – Environmental Audit Privilege; Exceptions; Burden of Proof; Waiver; Disclosure After in Camera Review; Application.
35-11-1105. Environmental audit privilege; exceptions; burden of proof; waiver; disclosure after in camera review; application. (a) As used in this section: (i) “Environmental audit” means a voluntary, internal and comprehensive evaluation of one (1) or more facilities or an activity at one (1) or more facilities regulated under this act, or of management systems related […]
Section 35-11-1106 – Limitation on Civil Penalties; Voluntary Reports of Violations.
35-11-1106. Limitation on civil penalties; voluntary reports of violations. (a) If an owner or operator of a facility regulated under this act voluntarily reports to the department a violation disclosed by the audit conducted under W.S. 35-11-1105 within sixty (60) days of the completion date of the audit, the department shall not seek civil penalties […]
Section 35-11-1101 – Records Available to the Public; Restrictions.
35-11-1101. Records available to the public; restrictions. (a) Any records, reports or information obtained under this act or the rules, regulations and standards promulgated hereunder are available to the public. Upon a showing satisfactory to the director by any person that his records, reports or information or particular parts thereof, other than emission and pollution […]