§ 35-11-109 — Powers and duties of director

Wyoming § 35-11-109

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

Text

(a) In addition to any other powers and duties imposed by
law, the director of the department shall:
(i) Perform any and all acts necessary to promulgate,
administer and enforce the provisions of this act and any rules,
regulations, orders, limitations, standards, requirements or
permits adopted, established or issued thereunder, and to
exercise all incidental powers as necessary to carry out the
purposes of this act;
(ii) Advise, consult and cooperate with other
agencies of the state, the federal government, other states,
interstate agencies, and other persons in furtherance of the
purposes of this act;
(iii) Exercise the powers and duties conferred and
imposed by this act in such a manner as to carry out the policy
stated in W.S. 35-11-102;
(iv) Conduct, encourage, request and participate in,
studies, surveys, investigations, research, experiments,
training and demonstrations by contract, grant or otherwise;
prepare and require permittees to prepare reports and install,
use and maintain any monitoring equipment or methods reasonably
necessary for compliance with the provisions of this act; and
collect information and disseminate to the public such
information as is deemed reasonable and necessary for the proper
enforcement of this act;
(v) Conduct programs of continuing surveillance and
of a regular periodic inspection of all actual or potential
sources of pollution and of public water supplies with the
assistance of the administrators;
(vi) Designate authorized officers, employees or
representatives of the department to enter and inspect any
property, premise or place, except private residences, on or at
which an air, water or land pollution source is located or is
being constructed or installed, or any premises in which any
records required to be maintained by a surface coal mining
permittee are located. Persons so designated may inspect and
copy any records during normal office hours, and inspect any
monitoring equipment or method of operation required to be
maintained pursuant to this act at any reasonable time upon
presentation of appropriate credentials, and without delay, for
the purpose of investigating actual or potential sources of air,
water or land pollution and for determining compliance or
noncompliance with this act, and any rules, regulations,
standards, permits or orders promulgated hereunder. For surface
coal mining operations, right of entry to or inspection of any
operation, premises, records or equipment shall not require
advance notice. The owner, occupant or operator shall receive a
duplicate copy of all reports made as a result of such
inspections within thirty (30) days. The department shall
reimburse any operator for the reasonable costs incurred in
producing copies of the records requested by the department
under this section;
(vii) Investigate violations of this act or
regulations adopted hereunder and prepare and present
enforcement cases before the council; to take such enforcement
action as set out in articles 6 and 7 of this act; to appear
before the council on any hearing under this act;
(viii) Represent Wyoming in any matters pertaining to
plans, procedures or negotiations for interstate compacts or
other intergovernmental arrangements relating to environmental
enhancement and protection. The director shall cooperate and
participate in the negotiation and execution of consent orders,
permit issuance, site investigations and remedial measures by
and between federal agencies and the owners or operators of
Wyoming facilities where the department has not been delegated
the authority to administer and enforce federal legislation;
(ix) Accept, receive and administer any grants,
gifts, loans or other funds made available from any source for
the purposes of this act. Any monies received by the director
pursuant to this paragraph shall be deposited with the state
treasurer in the account or fund as provided by law for the
purpose designated;
(x) Serve as advisor to the council, without vote, on
all matters other than the consideration of rules proposed by
the department or contested case proceedings in which the
department is a party;
(xi) Designate authorized officers, employees or
representatives of the department to monitor the air, water, and
land quality, and solid waste management operations of all
facilities which have been granted permits under W.S. 35-12-101
through 35-12-119, for assuring continuing compliance with
conditions and requirements of their permits and for discovering
and preventing noncompliance with the permits or violations of
law;
(xii) Exercise all the powers granted to
administrators by W.S. 35-11-110;
(xiii) Issue, deny, amend, suspend or revoke permits
and licenses and determine the amount of bonds to be posted by
the operator to insure reclamation of any affected lands;
(xiv) Exercise the powers and duties conferred and
imposed by this act. Any person who generates, stores, treats,
transports, disposes of or otherwise handles or has handled
hazardous wastes shall, upon request, furnish information
relating to the wastes and permit at all reasonable times the
director or designated officers, employees or representatives of
the department to have access to, and to copy all records
relating to the wastes. For purposes of developing or assisting
in the development of any hazardous waste regulation or
enforcing the hazardous waste provisions of this act, the
designated officers, employees or representatives are authorized
to:
(A) Enter at reasonable times any establishment,
property, premise or other place where hazardous wastes are or
have been generated, stored, treated, disposed of or transported
from; and
(B) Inspect and obtain samples from any person
of the wastes and samples of any containers or labeling for the
wastes.
(xv) Commence and complete with reasonable promptness
each inspection conducted under paragraph (xiv) of this
subsection. If an officer, employee or representative acting
pursuant to paragraph (xiv) of this subsection, obtains any
samples, prior to leaving the premises, he shall give to the
owner, operator or agent in charge a receipt describing the
sample obtained and if requested a portion of each sample equal
in volume or weight to the portion retained. If any analysis is
made of the samples, a copy of the results of the analysis shall
be furnished promptly to the owner, operator or agent in charge.
(b) In addition to any other powers and duties imposed by
law, the director of the department may allow the permitting and
reporting requirements of this act to be conducted
electronically as provided by the Uniform Electronic Transaction
Act, W.S. 40-21-101 through 40-21-119 and any applicable federal
electronic requirements.