§ 35-9-158 — Expense recovery and civil remedies

Wyoming § 35-9-158

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 9: FIRE PROTECTION
• Art. 1: DEPARTMENT OF FIRE PREVENTION

Text

(a) The decision to commence a civil action to recover
expenses shall be made by the state, political subdivision of
the state or other unit of local government, including local
emergency response authorities and regional response teams, in
consultation with the attorney general or county or municipal
attorney as appropriate. With respect to a civil action to
recover expenses for a clandestine laboratory operation
incident, the governing body shall first make such claim against
the party responsible for the clandestine laboratory operation
and shall use the proceeds of any asset forfeiture directly
related to the building or structure containing the clandestine
laboratory to offset expenses, including expenses for
remediation of the site. Claims of expenses for remediation for
a clandestine laboratory operation incident may be made against
the owner of a building or structure containing a clandestine
laboratory operation only as follows:
(i) The law enforcement agency acting as an emergency
responder shall keep an accurate account of the expenses
incurred in carrying out the remediation and shall report the
actions and present a statement of the expenses incurred and the
amount received from any salvage sale to the court for approval
and allowance;
(ii) The court shall examine, correct, if necessary,
and allow the expense account to the extent the expenses exceed
those recovered from the party responsible for the clandestine
laboratory operation. If the owner did not know or could not
with reasonable diligence have known of the clandestine
laboratory operation, the amount recoverable from the owner
shall be limited to one percent (1%) of the fair market value as
determined by the county assessor of that portion of the
building, structure or land declared uninhabitable by the
incident commander;
(iii) The amount allowed by the court constitutes a
lien against the real property on which a clandestine laboratory
operation incident occurred or was situated. If the amount is
not paid by the owner within six (6) months after the amount has
been examined and approved by the court, the real estate may be
sold under court order by the county sheriff in the manner
provided by law for the sale of real estate upon execution;
(iv) The proceeds of the sale shall be paid into the
treasury of the governing body of the law enforcement agency
acting as the emergency responder. If the amount received as
salvage or upon sale exceeds the expenses allowed by the court,
the court shall direct payment of the surplus to the previous
owner for his use and benefit;
(v) Whenever any debt which is a lien pursuant to
this subsection is paid and satisfied, the law enforcement
agency acting as an emergency responder shall file notice of
satisfaction of the lien statement in the office of the county
clerk of any county in which the lien is filed; and
(vi) If the expenses of the law enforcement agency
exceed the amount allowed by the court pursuant to paragraph
(ii) of this subsection, the law enforcement agency acting as an
emergency responder may apply for reimbursement of the excess
expenses from the funds as authorized by W.S. 1-40-118(g)(i)(C).
If the expenses further exceed amounts available under W.S.
1-40-118(g)(i)(C), the emergency responder may apply for
reimbursement from the clandestine laboratory remediation
account created pursuant to W.S. 35-9-159(f).
(b) Prior to commencing a civil action for recovery of
expenses pursuant to this act, the governmental entity shall
afford the person alleged to owe those expenses a reasonable
opportunity to engage in nonbinding mediation. Each party to
mediation shall bear his own costs and expenses, including a
proportionate share of the fees of the mediator.
(c) In the event that the attorney general or county or
municipal attorney prevails in a civil action for reimbursement
under this act, the court shall award costs of collection
including reasonable attorney's fees, investigation expenses and
litigation expenses.
(d) Any person who receives remuneration for the emergency
response expenses pursuant to any other federal or state law
shall be precluded from recovering reimbursement for those
expenses under this act. Nothing in this act shall otherwise
affect or modify in any way the obligations or liability of any
person under any other provision of state or federal law,
including common law, for damages, injury or loss resulting from
the release of any hazardous material or for remedial action or
the expenses of remedial action for the release.