§ 35-11-517 — Fees applicable to hazardous waste treatment, storage and disposal facility operators

(a) The department shall implement a permit fee system and
schedule of fees which are applicable to hazardous waste
treatment, storage and disposal facilities.
(b) Permit fees shall be collected from applicants for
permits for any facility subject to subsection (a) of this
section, and annually from those existing facilities for the
duration of the operating, closure and post-closure permit
period. The fees for applicants for permits and the annual fees
for inspection and enforcement shall be based on the facility
type and size. The department shall develop a fee structure
which, to the extent feasible, equitably apportions the
department's estimated costs of implementing the requirements of
this act applicable to the facilities, which is based on
measurable goals, and which is sufficient to recover the amount
reviewed by the joint appropriations interim committee and
appropriated by the legislature for implementing the hazardous
waste treatment, storage and disposal permitting program. The
fee amount shall be sufficient to provide adequate enforcement
of compliance with the hazardous waste requirements of this act,
as required in section 3006(b) of the Resource Conservation and
Recovery Act, 42 U.S.C. 6926(b). The department shall prepare a
biennium report for review by the joint minerals, business and
economic development interim committee by October 31 of the year
prior to the Wyoming legislative budget session.
(c) Fees shall cover all reasonable direct and indirect
costs including the costs of:
(i) Reviewing and acting upon any permit application,
including applications for major permit amendments;
(ii) Implementing and enforcing permits; and
(iii) Carrying out permit and inspection-related
functions performed by the department.
(d) The fees collected by the department pursuant to this
section shall be deposited in a separate account, and shall be
subject to appropriation by the legislature to the department
solely for permitting, conducting inspections under and
enforcing the requirements of this act governing facilities
subject to subsection (a) of this section.
(e) The department shall give written notice of the amount
of the fee to be assessed and the basis for the assessment to
the facility owner. The owner may appeal the assessment to the
council within forty-five (45) days after receipt of the written
notice. The appeal shall be based only upon the allegation that
the particular assessment is erroneous or excessive and shall
not be based upon the entire fee schedule adopted under this
section. The contested case procedures of the Wyoming
Administrative Procedure Act shall apply to any appeal under
this subsection.
(f) If any part of the assessment is not appealed it shall
be paid to the department upon receipt of the written notice.
(g) The department in developing a fee schedule shall take
into account the financial resources of small businesses as
defined by the United States small business administration.
(h) Nothing in this section shall be construed to limit or
modify any requirement of W.S. 35-11-503(b) with respect to fees
for commercial radioactive waste management facility permits.
(j) This section shall not become effective until
authorization of a state program pursuant to subtitle C of the
Resource Conservation and Recovery Act, P.L. 94-580.