§ 28-12-103 — 35-11-112. Powers and duties of the environmental quality council

Wyoming § 28-12-103

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 11: ENVIRONMENTAL QUALITY
• Art. 1: GENERAL PROVISIONS

Text

(a) The council shall act as the hearing examiner for the
department and shall hear and determine all cases or issues
arising under the laws, rules, regulations, standards or orders
issued or administered by the department or its air quality,
land quality, solid and hazardous waste management or water
quality divisions. At the council's request the office of
administrative hearings may provide a hearing officer for any
rulemaking or contested case hearing before the council, and the
hearing officer may provide recommendations on procedural
matters when requested by the council. Notwithstanding any
other provision of this act, including this section, the council
shall have no authority to promulgate rules or to hear or
determine any case or issue arising under the laws, rules,
regulations, standards or orders issued or administered by the
industrial siting or abandoned mine land divisions of the
department. The council shall:
(i) Subject to subsection (h) of this section,
promulgate rules and regulations necessary for the
administration of this act, after recommendation from the
director of the department, the administrators of the various
divisions and their respective advisory boards;
(ii) Conduct hearings as required by the Wyoming
Administrative Procedure Act for the adoption, amendment or
repeal of rules, regulations or standards when recommended by
the director after the director consults with the advisory
boards and the administrators. The council shall approve all
rules, regulations and standards of the department before they
become final;
(iii) Conduct hearings in any case contesting the
administration or enforcement of any law, rule, regulation,
standard or order issued or administered 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 or variance authorized or required by
this act;
(v) Designate at the earliest date and to the extent
possible those areas of the state which are very rare or
uncommon and have particular historical, archaeological,
wildlife, surface geological, botanical or scenic value. When
areas of privately owned lands are to be considered for such
designation, the council shall give notice to the record owner
and hold hearing thereon, within a county in which the area, or
major portion thereof, to be so designated is located, in
accordance with the Wyoming Administrative Procedure Act. No
new designations shall be made pursuant to this paragraph after
July 1, 2011, but the council shall retain the authority to
remove designations made prior to that date;
(vi) Adopt and when applicable, enforce the
provisions of rule 11 of the Wyoming Rules of Civil Procedure in
a contested hearing conducted by the council. The council may
modify the procedural provisions of rule 11 to fit the
circumstances of a hearing before the council and sanctions
imposed by the council. If the provisions of rule 11 are
modified at a future date, the council may adopt the
modifications.
(b) The council may contract with consultants having
special expertise to assist in the performance of its duties.
(c) Subject to any applicable state or federal law, and
subject to 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
variance be granted, denied, suspended, revoked or modified;
(iii) Affirm, modify or deny the issuance of orders
to cease and desist any act or practice in violation of the
laws, rules, regulations, standards or orders issued or
administered by the department or any division thereof. Upon
application by the council, the district court of the county in
which the act or practice is taking place shall issue its order
to comply with the cease and desist order, and violation of the
court order may be punished as a contempt.
(d) The council may employ an executive officer and staff
who shall serve at the pleasure of the council. The executive
officer and other staff members shall perform duties as the
council may assign, including preparing meeting facilities and
completing administrative, secretarial and other functions. The
department of administration and information shall provide
suitable office space for the executive officer and other staff
members and shall ensure that any employment authorized under
this subsection complies with title 9, chapter 2, article 10 of
the Wyoming statutes. The council may negotiate and enter into
appropriate memoranda of understanding with the department of
administration and information to facilitate administrative
support, accounting functions and staffing needs required under
this subsection.
(e) The attorney general shall provide legal assistance as
the council may require in the proper performance of its duties.
(f) All proceedings of the council shall be conducted in
accordance with the Wyoming Administrative Procedure Act.
(g) Subject to subsection (h) of this section, the council
shall not promulgate any rules which impose standards or
requirements related to meat processing which are more stringent
than federal law, rules or regulations.
(h) The council shall not promulgate any rules or
regulations that impose standards or requirements more stringent
than federal law, rules or regulations applicable to any federal
program that the state maintains primacy over unless the
department identifies the need for rules or regulations that
impose standards or requirements more stringent than federal
law, rules or regulations in its statement of principal reasons.