§ 35-11-518 — Prior federal court orders and administrative orders

Wyoming § 35-11-518

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 11: ENVIRONMENTAL QUALITY
• Art. 5: SOLID WASTE MANAGEMENT

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(a) The department may become a party to, or assume the
rights and duties of the federal government for, any federal
court order which has been issued pursuant to subtitle C of the
Resource Conservation and Recovery Act, P.L. 94-580, prior to
the effective date of the authorization of the state hazardous
waste program under that subtitle. Any person subject to a
prior federal court order issued pursuant to subtitle C of the
Resource Conservation and Recovery Act, shall not be subject to
any additional, conflicting or more restrictive remedial or
corrective action order or requirement under this act with
respect to the hazardous waste management unit, solid waste
management unit or area of concern that is the subject of the
federal court order, unless required to comply with new
requirements adopted under the Resource Conservation and
Recovery Act. If the department becomes a party to, or assumes
the rights and duties of the federal government for, any prior
federal court order, the department shall be governed by, and
subject to, the dispute resolution procedures of the federal
court which retains jurisdiction for the order and may, within
those procedures and under the law governing the federal order,
seek any remedy, change, amendment or other relief relating to
the order.
(b) The department may issue an administrative order which
is equivalent to any federal administrative order which has been
issued pursuant to subtitle C of the Resource Conservation and
Recovery Act, prior to the effective date of the authorization
of the state hazardous waste program under that subtitle. The
limitations regarding stringency contained in subsection (a) of
this section apply to orders issued under this subsection.
Following the issuance of any order under this subsection, any
disputes concerning implementation of the order shall be
resolved by appeal to the council as provided by this act. Any
person aggrieved or adversely affected in fact by a final
decision of the council is entitled to judicial review in
accordance with the Wyoming Administrative Procedure Act.