§ 35-11-902 — Surface coal mining operations; violations of provisions; penalties

Wyoming § 35-11-902

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 11: ENVIRONMENTAL QUALITY
• Art. 9: PENALTIES

Text

(a) Notwithstanding W.S. 35-11-901, violations by surface
coal mining operations of article 4 of this act, or of any rule,
regulation, standard, order, license, variance or permit issued
thereunder, shall be governed by this section.
(b) Any person who violates, or any director, officer or
agent of a corporate permittee who willfully and knowingly
authorizes, orders or carries out the violation of any provision
of article 4 of this act for surface coal mining operations, or
any rule, regulation, standard, license, variance or permit
issued thereunder, or who violates any determination or order of
the council pursuant to article 4 of this act for surface coal
mining operations is subject to either a penalty not to exceed
ten thousand dollars ($10,000.00) for each day during which a
violation continues, or, for multiple violations, a penalty not
to exceed five thousand dollars ($5,000.00) for each violation
for each day during which a violation continues, a temporary or
permanent injunction, or both a penalty and an injunction.
Penalties and injunctive relief under this subsection may be
recovered in a civil action.
(c) All notices for abatement and cessation orders shall
be reported to the director. The director shall:
(i) Issue a notice of assessment, if a cessation
order was issued;
(ii) Make a determination as to whether a notice of
assessment will be issued if a notice for abatement was issued.
(d) Upon issuance of a notice of abatement or cessation
order, the director shall inform the operator of the proposed
amount of the penalty within thirty (30) days. The amount shall
be determined in accordance with rules and regulations
promulgated by the council. The person charged with the penalty
shall have fifteen (15) days to request a conference with the
director for informal disposition of any dispute over either the
amount of the penalty or the occurrence of the violation.
(e) If a conference is held and after the director has
determined that a violation did occur and the amount of the
penalty is warranted, the person charged with the penalty shall,
within fifteen (15) days, either:
(i) Pay the proposed penalty in full; or
(ii) Petition the council for review of either the
amount of the penalty or the fact of the violation, submitting a
bond equal to the proposed amount of the penalty at the time of
filing the petition. The bond shall be conditioned for the
satisfaction of the penalty in full, or as modified by the
council, if the director's determination as to the occurrence of
the violation and the assessment of a penalty is affirmed. The
petition is effective when the bond is approved by the council.
If the bond is not approved, the person charged with the penalty
has ten (10) days to forward the proposed amount to the council
for placement in an escrow account to make the petition
effective.
(f) If a conference is not requested, the person charged
with the penalty has thirty (30) days to take the action
required under subsection (d) of this section.
(g) After a petition is effective, the council shall hold
a hearing, which shall be conducted as a contested case
proceeding under the Wyoming Administrative Procedure Act. The
council shall either:
(i) Determine the occurrence of the violation and the
amount of penalty which is warranted for the purpose of ordering
that the penalty be paid; or
(ii) Determine that no violation occurred, or that
the amount of the penalty shall be reduced. If such a
determination is made, either through administrative or judicial
review, the director shall within thirty (30) days remit the
appropriate amount to the person, if any deposit has been made,
with interest at the rate of six percent (6%), or at the
prevailing United States department of treasury rate, whichever
is greater. Failure to file an effective petition shall result
in a waiver of all legal rights to contest the violation or the
amount of the penalty.
(h) Any person aggrieved or adversely affected in fact by
a final decision of the council pursuant to this section is
entitled to judicial review in accordance with the Wyoming
Administrative Procedure Act.
(j) Any person who willfully and knowingly violates, or
any director, officer or agent of a corporate permittee who
willfully and knowingly authorizes, orders or carries out the
violation of any provision of article 4 of this act with respect
to surface coal mining, or any rule, regulation, standard,
permit, license, or variance or limitations adopted thereunder,
or who willfully violates any determination or order of the
council or court issued pursuant to this section, shall be fined
not more than twenty-five thousand dollars ($25,000.00) per day
of violation, imprisoned for not more than one (1) year, or
both. For a subsequent conviction for a violation of article 4
of this act with respect to surface coal mining, the person
shall be subject to a fine of not more than fifty thousand
dollars ($50,000.00) per day of violation, imprisonment for not
more than two (2) years, or both. For multiple violations,
penalties may be assessed up to the maximum amount specified in
this subsection for each day of each separate violation.
(k) Any person who knowingly makes any false statement,
representation or certification in any application, record,
report, plan or other document filed or required to be
maintained under article 4 of this act for surface coal mining
operations, or who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required to be
maintained under article 4 of this act for surface coal mining
operations shall, upon conviction be subject to a fine of not
more than ten thousand dollars ($10,000.00), imprisonment for
not more than one (1) year, or both.
(m) Any person who shall, except as permitted by law,
willfully resist, prevent, impede or interfere with the
director, any administrator or any of their agents in the
performance of their duties in the regulation of surface coal
mining operations under article 4 of this act shall be subject
to a fine of not more than five thousand dollars ($5,000.00),
imprisonment for not more than one (1) year, or both.
(n) Any operator of a surface coal mining operation who
fails to correct a violation within the period permitted for its
correction, or after a final order or decision issues requiring
correction when either the department or a court has relieved
the operator from the abatement requirements of the notice or
order, shall be assessed a civil penalty of not less than seven
hundred fifty dollars ($750.00) for each day during which the
failure or violation continues.
(o) Any person who is injured in his person or property
through the violation, by any operator, of any rule, regulation,
order or permit issued pursuant to article 4 of this act as it
provides for the regulation of surface coal mining and
reclamation in accordance with the requirements of P.L. 95-87
may bring an action for damages, including reasonable attorney
and expert witness fees, only in the judicial district in which
the surface coal mining operation complained of is located.