§ 35-11-1604 — Public participation; notice; plan

Wyoming § 35-11-1604

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 11: ENVIRONMENTAL QUALITY
• Art. 16: VOLUNTARY REMEDIATION OF CONTAMINATED SITES

Text

(a) Following any determination by the department that a
site is an eligible site, or following the submission of any
application to modify an existing remedy agreement, the owner or
operator shall give written notice to all surface owners of
record of land which is contiguous to the site, and to all known
adjacent surface owners of record of land, and shall publish
notice once per week for four (4) consecutive weeks in a
newspaper of general circulation in the county in which the site
is located. The notice published in a newspaper shall be a
display advertisement. The notice to individual landowners and
the notice published in a newspaper shall identify the site,
provide a summary of the criterion in W.S. 35-11-1602 which
makes the site eligible for participation in the voluntary
remediation program under this article, describe the process for
the public to request the development of a public participation
plan under subsection (b) of this section, and provide a thirty
(30) day period for the public to request that a public
participation plan be developed.
(b) For any eligible site where there is significant
public interest as determined by the director after considering
the factors enumerated in paragraphs (i) through (iii) of this
subsection, the person who has submitted an application for
participation, or the owner of the site, shall prepare and
implement a public participation plan which shall be approved by
the director. In preparing the plan, the applicant or owner
shall consult with and consider the public participation needs
of interested parties, including but not limited to contiguous
surface owners of record and all known adjacent surface owners
of record of land, local government, local economic development
agencies or groups, and public interest groups. In determining
whether there is significant public interest, the director shall
consider whether there have been responses to the notice
required under subsection (a) of this section requesting the
development of a public participation plan by:
(i) At least twenty-five (25) individuals;
(ii) An organization representing at least twenty-
five (25) individuals; or
(iii) The governing body of a local government.
(c) Any owner or operator of an eligible site which is
also subject to permitting or corrective action requirements of
the hazardous waste rules and regulations promulgated under W.S.
35-11-503(d) shall prepare and implement a public participation
plan which complies with those rules and regulations.
(d) At a minimum for any eligible site regardless of
whether a public participation plan has been required, prior to
entering into a remedy agreement, the owner shall give written
notice of the proposed remedy agreement to all surface owners of
record of land adjacent to the site, and publish notice once per
week for four (4) consecutive weeks in a newspaper of general
circulation in the county in which the site is located. The
notice shall be of a form and content prescribed by the
department, and shall summarize the proposed remedy agreement,
provide a description of the site, provide for a thirty (30) day
public comment period after the date of the last publication,
and provide an opportunity for an oral hearing. An oral hearing
on the proposed remedy agreement shall be held if the department
finds sufficient interest. The department may enter into a
remedy agreement following the public comment period or any
hearing, whichever is later.