(a) IBR AND EXCEPTIONS. 40 CFR Part 270 and all Subparts, except 40 CFR 270.1(c)(1)(iii), 270.1(c)(2)(ix), 270.11(d)(2), 270.13(k)(7), 270.14(b)(18), 270.42(l), 270.42 (Appendix I, Part A, Entries 9 and 10, and Part O(1)(a)-(d)), 270.51, 270.60(a), 270.64, 270.68, 270.73(a), Subpart H ( 40 CFR 270.79 - 270.230), 270.260(h), and 270.290(r) are herein incorporated by reference as provided in 40 CFR. - (i) For purposes of 40 CFR 270.2, 270.5, 270.10(e)(2), 270.11(a)(3), 270.32(a), 270.32(b)(2), 270.32(c), 270.72(a)(5), 270.72(b)(5), 270.235(a)(1)(iii)(A), 270.235(a)(2)(iii)(A), and 270.235(b)(1)(ii), "EPA" shall be defined as the U.S. Environmental Protection Agency, and "Administrator" or "Regional Administrator" shall be defined as the U.S. Environmental Protection Agency Region 8 Regional Administrator.
- (ii) For purposes of 40 CFR 270.1(b), the sentence "The notification shall state the location and general description of the type of activity and the identified or listed wastes being handled" shall be inserted after the first sentence in the section.
- (iii) For purposes of 40 CFR 270.1(c)(7), at the discretion of the Director, an owner or operator may obtain, in lieu of a post-closure permit, an enforceable document, imposing the requirements of 40 CFR 265.121.
- (iv) For purposes of 40 CFR 270.2, the definitions "Approved program or approved State", "Director", "Final authorization", "Interim authorization", "Major facility", "Permit", "State", and "State/EPA Agreement" shall be defined as in 40 CFR 270.2. The definition "Remedial Action Plan (RAP)" as defined in 40 CFR 270.2 is not adopted by the State.
- (v) For purposes of 40 CFR 270.2 "existing hazardous waste management (HWM) facility" or "existing facility" shall be a facility which was in operation or for which construction commenced on or before November 19, 1980. A facility has commenced construction if the owner or operator has obtained the permits and approvals required under federal, state or local statutes, regulations or ordinances necessary to begin physical construction; and either:
- (A) A continuous on-site, physical construction program has begun; or
- (B) The owner or operator has entered into contractual obligations which cannot be cancelled or modified without substantial loss for physical construction of the facility to be completed within a reasonable time.
- (vi) For purposes of 270.10(e)(3), the Administrator or the Director may, by compliance order issued under W.S. 35-11-503(d); Articles 7 and 9 of the Act; or RCRA Section 3008, extend the date by which the owner and operator of an existing HWMF must submit Part A of their permit application.
- (vii) For purposes of 270.10(f)(2), the application for permits shall be submitted to the Director.
- (viii) For purposes of 270.10(f)(3), notwithstanding 40 CFR 270.10(f)(1), a person may construct a facility for the incineration of polychlorinated biphenyls pursuant to an approval issued by the Director under Article 2 of the Act and by the EPA Administrator under Section 6(e) of the Toxic Substances Control Act and any person owning or operating such a facility may, at any time after construction or operation of such facility has begun, file an application for a State HWMF permit to incinerate hazardous waste authorizing such facility to incinerate waste identified or listed under these rules.
- (ix) For purposes of 40 CFR 270.10(g)(1)(i) and (ii), if any owner or operator of a hazardous waste management facility has filed Part A of a permit application and has not yet filed Part B, the owner or operator shall file an amended Part A application with the Director and the EPA Regional Administrator, within six (6) months after the promulgation of revised federal regulations promulgated under HSWA listing or identifying additional hazardous wastes, if the facility is treating, storing, or disposing of any of those newly listed or identified wastes.
- (x) For purposes of 40 CFR 270.10(j)(1), any Part B permit application submitted by an owner or operator of a facility that stores, treats, or disposes of hazardous waste in a surface impoundment, incinerator, burner or a landfill must be accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, such information must address:
- (A) Reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit;
- (B) The potential pathways of human exposure to hazardous wastes or constituents resulting from the releases described under Section 270(a)(x)(A) of this Chapter above; and
- (C) The potential magnitude and nature of the human exposure resulting from such releases.
- (xi) For purposes of 40 CFR 270.10(l), the Director may require that the application demonstrate compliance with specific provisions of the Act, and specific designated rules of the Solid and Hazardous Waste, Water Quality, and Air Quality Divisions of the DEQ.
- (xii) For purposes of 40 CFR 270.11, all applications shall be signed under oath subject to a penalty of perjury.
- (xiii) For purposes of 40 CFR 270.11(a), the term "responsible" shall be replaced by "principal".
- (xiv) For purposes of 40 CFR 270.12(a), any information submitted to the DEQ pursuant to these regulations may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, the DEQ may make the information available to the public without further notice. Upon a showing satisfactory to the Director, confidential business information will not be made available to the public pursuant to the Wyoming Public Records Act, W.S. 16-4-201 et. seq.
- (xv) For purposes of 40 CFR 270.14(b)(19)(v), the term "representative" shall be inserted before the term "wind rose".
- (xvi) For purposes of 40 CFR 270.14(b)(20), applicants may be required to submit such information as may be necessary to enable the Director to carry out his or her duties under other aspects of the Act and other federal laws as required in 40 CFR 270.3.
- (xvii) For purposes of 40 CFR 270.28, "Regional Administrator" shall be replaced by "Director".
- (xviii) For purposes of 40 CFR 270.30 and 40 CFR 270.32(b), the Director shall specify any additional standards, together with the justification therefore, as the Director believes necessary to carry out the purposes of the Act.
- (xix) For purposes of 40 CFR 270.42(g)(1) and (g)(1)(i), the permittee is authorized to continue to manage wastes listed or identified as hazardous under 40 CFR Part 261, or to continue to manage hazardous waste in units newly regulated as hazardous waste management units, if the unit was in existence and has a State permit issued under Articles 2, 3, 4 or 5 of the Act as a hazardous waste facility with respect to the newly listed or characterized waste or newly regulated waste management unit on the effective date of the final rule listing or identifying the waste, or regulating the unit.
- (xx) For purposes of 40 CFR 270.42(j)(3), the Director shall respond to the request for a combustion facility hazardous waste permit modification within 90 days of receiving the request. The Director may, at his or her discretion, extend this 90 day deadline one time for up to 30 days by notifying the facility owner or operator.
(b) TRANSFER OF EXISTING HAZARDOUS WASTE MANAGEMENT PERMITS. - (i) A permit may be transferred by the permittee to a new owner or operator only if tiie permit lias been modified or revolted and reissued (under 40 CFR 270.40(b) or 270.41(b)(2)) to identify tiie new permittee and incorporate sucii otiier requirements as may be necessary under tiiese rules.
- (ii) Changes in the ownership or operational control of a facility may be made as a Class 1 modification with prior written approval of the Director in accordance with 40 CFR 270.42 or as a routine change with prior approval under 40 CFR 124.213. The Director shall not approve transfer of ownership or operational control to any person unless the Director determines that such person meets the qualifications for owners and operators in Sections 270(m) and 270(n) of these rules. The new owner or operator must submit a revised permit application no later than ninety (90) days prior to the scheduled change. A written agreement containing a specific date for transfer of permit responsibility between the current and new permittees must also be submitted to the Director. The written agreement must also contain signed and notarized documentation from the new operator indicating that the new operator has agreed to accept and be bound by the provisions of the permit and any amendments, agreed to construct and operate the facility in accordance with the approved plan, and agreed to accept responsibility for the facility's compliance with the standards specified in the applicable sections of these rules, including the responsibility to perform corrective actions. When a transfer of ownership or operational control occurs, the old owner or operator shall comply with the requirements of 40 CFR 264, Subpart H (Financial Requirements) of these rules for permitted facilities until the new owner or operator has demonstrated that he or she is complying with the requirements of that Subpart. The new owner or operator must demonstrate compliance with Subpart H requirements within six (6) months of the date of the change in ownership or operational control of the facility. Upon demonstration to the Director by the new owner or operator of compliance with Subpart H, the Director shall notify the old owner or operator that he or she no longer needs to comply with Subpart H as of the date of demonstration.
(c) CONTENTS OF PART A OF THE PERMIT APPLICATION. - (i) Part A of the State HWMF permit application shall include the following information:
- (A) A listing of any civil, misdemeanor, or felony convictions within ten (10) years prior to the date of application for any violations of any local. State, or federal law relating to environmental quality or criminal racketeering by the owner, or the operator, and all entities related by ownership to the applicant whether by common ownership or by a parent or subsidiary relationship, either directly or indirectly. This includes any partners in a partnership or executive officers or corporate directors in any corporation, if the owner/operator is a partnership or corporation.
- (B) A topographic map (or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within one (1) mile of the facility property boundary.
(d) CONTENTS OF PART B OF THE PERMIT APPLICATION. - (i) Facility location information:
- (A) The application shall include information concerning the area in which the facility is to be located, including the political jurisdiction (e.g., county, township, or
election district), sufficient to demonstrate compliance with all applicable location standards specified in Sections 264, 267, and 270 of these rules.
- (B) If the facility is proposed to be located in an area listed in Appendix VI of 40 CFR 264, the owner or operator shall demonstrate compliance with the seismic standard. This demonstration may be made using either published geologic data or data obtained from field investigations carried out by the applicant. The information provided must be of such quality to be acceptable to professional geologists experienced in identifying and evaluating seismic activity.
- (C) Owners and operators of all facilities shall provide an identification of whether the facility is located within a 100-year floodplain. This identification must indicate the source of data for such determination and include a copy of the relevant Federal Insurance Administration (FIA) flood map, if used, or the calculations and maps used where an FIA map is not available. Methods used to determine the 100-year floodplain must be approved by the Director. Information shall also be provided identifying the 100-year flood level and any other special flooding factors (e.g., wave action) which must be considered in designing, constructing, operating, or maintaining the facility to withstand washout from a 100-year flood.
(e) CONDITIONS APPLICABLE TO ALL PERMITS. - (i) Twenty-four (24) hour reporting.
- (A) The permittee shall report any noncompliance which may endanger health or the environment orally to the Director within twenty-four (24) hours from the time the permittee becomes aware of the circumstances, including:
- (I) Information concerning release of any hazardous waste regardless of whether or not it may cause an endangerment to public drinking water supplies.
- (II) Any information of any release or discharge of hazardous waste or of any fire or explosion from the HWMF, regardless of whether or not it could threaten the environment or human health outside the facility.
(f) TERMINATION OF PERMITS. - (i) The following are causes for terminating a permit during its term, or for denying a permit renewal application:
- (A) Noncompliance by the permittee with any condition of the permit;
- (B) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; or
- (C) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination; or
- (D) If the continued operation is inconsistent with the policy and purposes of the Act.
- (ii) Procedures. The Director will follow the applicable procedures in 40 CFR 124 in terminating any permit under 40 CFR 270.43.
(g) PERMIT ISSUANCE. - (i) Nothing shall preclude the Director from reviewing and modifying a permit at any time during its term. Review of any application for a permit renewal shall consider improvements in the state of control and measurement technology as well as changes in applicable regulations. Each permit issued under W.S. 35-11-503(d) and RCRA Section 3005 shall contain terms and conditions as the Director determines necessary to protect human health and the environment.
(h) QUALIFYING FOR INTERIM STATUS. - (i) Any person who owns or operates an 'existing HWM facility' or a facility in existence on the effective date of amendments to the Environmental Quality Act and 40 CFR Part 261 that render the facility subject to the requirement to have a HWMF permit shall be eligible to receive interim status and shall be treated as having been issued a permit under the Act, if the Director determines the owner or operator has:
- (A) Complied with the requirements of section 3010(a) of RCRA and W.S. 35-11-503(d) pertaining to notification of hazardous waste activity, or
- (B) Complied with the requirements of 40 CFR 270.10 governing submission of Part A applications.
(i) OPERATION DURING INTERIM STATUS. - (i) During the interim status period the facility shall not:
- (A) Treat, store, or dispose of hazardous waste not specified in Part A of the permit application;
- (B) Employ processes not specified in Part A of the permit application;
- (C) Exceed the design capacities specified in Part A of the permit application; or
- (D) Operate in any manner which has not been previously authorized by a permit issued under Articles 2, 3, 4, and/or 5 of the Act, if applicable.
- (ii) Interim status standards. During interim status, owners or operators shall comply with interim status standards in 40 CFR Part 265, and with applicable rules, regulations, or permits issued under Articles 2, 3, 4, and/or 5 of the Act.
(j) PROFESSIONAL ENGINEER CERTIFICATION. - (i) Professional engineers shall be registered in Wyoming ("qualified registered Professional Engineer") when referring to activities requiring Professional Engineer certification.
- (ii) Relevant sections: 40 CFR 270.14(a), 270.16(a), and 270.26(c)(15).
(k) PROFESSIONAL GEOLOGIST CERTIFICATION. - (i) For purposes of 40 CFR 270.14(b)(11)(ii), the certifying geologists shall be professional geologists registered in the State of Wyoming.
(l) HEALTH RISK ASSESSMENT. - (i) Owners and operators of all facilities shall provide a health risk assessment based on health risks associated with normal operation or failure of a HWMF pollution control or containment system, as specified in Section 270(l)(ii) of these rules. The normal operation or failure modes specified in Section 270(l)(ii) of these rules shall be used. This assessment must indicate the source of data for such determination. The health risk assessment must address the following standards:
- (A) The cancer risk shall be assessed considering projected pollutant release rates and assumed target intakes during normal operation conditions specified in Section 270(l)(ii) of these rules.
- (B) The chronic toxic effect which shall be assessed considering projected pollutant release rates and assumed target intakes during normal operation or failure conditions specified in Section 270(l)(ii) of these rules.
- (C) The subchronic and acute toxic effect shall be assessed considering projected pollutant release rates and assumed target intakes during failure conditions specified in Section 270(l)(ii) of these rules.
- (ii) For the purpose of assessment of health risks associated with normal operation or failure of a HWMF pollution control or containment system, the following normal operation or failure modes shall be used:
- (A) For hazardous waste storage facilities which are tanks or vessels, normal operation modes shall include operation of the facility as designed; failure modes shall include tank rupture, the effects of inadvertent mixing of incompatible wastes, failure of primary and secondary containment systems or liners, and releases of toxic or hazardous air pollutants from tank ruptures or during fires;
- (B) For hazardous waste storage facilities which are impoundments, normal operation modes shall include operation of the facility as designed; failure modes shall include failure of primary or secondary containment systems or liners, dike failure, and releases of toxic or hazardous air pollutants during fires or from inadvertent mixing of incompatible wastes such as strong acids or bases with wastes stored in the impoundment;
- (C) For hazardous waste storage facilities which are waste piles, normal operation modes shall include operation of the facility as designed; failure modes shall include failure of primary and secondary containment systems or liners, failure of primary systems to control releases of wastes during high winds, and releases during fires;
- (D) For hazardous waste landfills and treatment facilities, normal operation modes shall include operation of the facility as designed; failure modes shall include failure of primary and secondary containment systems or liners, releases of toxic or hazardous air pollutants from inadvertent mixing of incompatible wastes and releases during fires;
- (E) For hazardous waste incinerators and other treatment facilities for the burning, thermal treatment, or combustion of hazardous wastes, normal operation modes shall include operation of the facility as designed; failure modes shall include failure of primary air pollution control systems, failure of any automatic or manual waste feed cutoff system, operation of the facility under conditions of waste temperature and residence time to be expected during upset, startup or shutdown conditions, and inadvertent combustion or treatment of wastes containing chlorinated hazardous wastes, dioxins, arsenic, antimony, barium, beryllium, cadmium, chromium, lead, mercury, silver, and thallium; and
- (F) For other hazardous waste storage, treatment, or disposal facilities, normal operation or failure modes shall be specified by the Director.
- (iii) For the purpose of conducting the health risk assessment required by Section 264(m)(v) of this Chapter, the following protocols shall be used by the applicant, unless alternate protocols are approved by the DEQ:
- (A) "Exposure Factors Handbook", 2011, U.S. Environmental Protection Agency, EPA 600/R-090/052F,
- (B) "Guidance for Data Useability in Risk Assessment, Part A and B", 1992, U.S. Environmental Protection Agency, http://www.epa.gov/oswer/riskassessment/datause/,
- (C) "Human Health: Exposure Assessment", U.S. Environmental Protection Agency, http://www.epa.gov/oswer/riskassessment/human_health_exposure.htm.
- (D) "Risk Assessment Guidance for Superfund Volume I, Human Health Evaluation Manual (Part A)", 1989, U.S. Environmental Protection Agency, EPA 540/1-89/002,
- (F) "Risk Assessment Guidance for Superfund, Volume 1: Human Health Evaluation Manual, Supplemental Guidance, Standard Default Exposure Factors, Interim Final", 1991, U.S. Environmental Protection Agency, OSWER Directive 9285.6-03, and
- (G) "Superfund Exposure Assessment Manual", 1988, U.S. Environmental Protection Agency, EPA 540/1-88/001,
- (iv) For the purpose of conducting the health risk assessment required by Section 264(m)(v) of this Chapter, toxicological data contained in the following publications shall be used unless alternate data sources are approved by the DEQ:
- (A) Integrated Risk Information System (IRIS), U.S. Environmental Protection Agency.
- (B) "Health Effects Assessment Summary Tables", Office of Research and Development, Office of Emergency and Remedial Response, U.S. Environmental Protection Agency, OERR 9200.6-303 (91-1) (or most recent edition),
- (C) Data provided by a qualified EPA toxicologist, if approved by the DEQ.
(m) MANAGEMENT AND TECHNICAL CAPABILITIES OF THE OWNER AND OPERATOR. The applicant shall possess demonstrated acceptable experience in operating hazardous waste treatment, storage, and disposal facilities in a manner which does not demonstrate a disregard for human health and the environment. The Director shall consider the applicant to have demonstrated acceptable experience if: - (i) The applicant is currently operating an existing facility permitted under these rules and that facility is currently in substantial compliance with all rules, regulations, and permit conditions adopted under the Environmental Quality Act and applicable federal regulations; or
- (ii) If not currently operating a facility in this State, the applicant has experience operating hazardous waste treatment, storage, and disposal facilities in other states and has operated such facilities in substantial compliance with applicable State and federal regulations and permit requirements. Applicants who do not have an operating history in this State shall submit the following information to the Director:
- (A) A listing of all permits for hazardous waste treatment, storage, and disposal facilities held by the applicant within the last ten (10) years;
- (B) A listing of such permits revoked for cause;
- (C) A listing of hazardous waste treatment, storage, or disposal facilities owned or operated by the applicant which are currently not in substantial compliance with applicable State or federal regulations or permit requirements as officially determined by a State or federal regulatory agency; and
- (D) A description of all criminal and civil penalties assessed against the applicant resulting from violations of State or federal environmental laws within the last five (5) years.
(n) THE APPLICANT SHALL DEMONSTRATE FITNESS TO COMPLY WITH THE ACT AND THESE RULES. The past performance of the applicant, or any partners, executive officers or corporate directors, based on the record before the Director, constitutes evidence that the applicant will comply with provisions of the Act and these rules and is fit to obtain a permit. - (i) The Director may determine that the applicant is not fit to obtain a permit if the applicant, or any partners, executive officers or corporate directors have:
- (A) Misrepresented or concealed any material fact in the permit application;
- (B) Obtained a permit from the Director by misrepresentation or concealment of a material fact;
- (C) Been convicted of a felony or pleaded guilty to a felony for violations of environmental quality or criminal racketeering laws or regulations within the five (5) years preceding the application for the permit, which in the judgment of the Director constitutes evidence that the applicant cannot be relied upon to conduct the operations described in the application in compliance with the Act and these rules;
- (D) Been adjudicated in contempt of any order of any court enforcing laws of any state or the federal government within five (5) years preceding the application for a permit.
- (ii) In determining whether the applicant is fit under Sections 270(m) and 270(n) of this Chapter, the Director shall consider:
- (A) The relevance of the offense to the business for which a permit is issued;
- (B) The nature and seriousness of the offense;
- (C) The circumstances under which the offense occurred;
- (D) The date of the offense;
- (E) The ownership and management structure in place at the time of the offense;
- (F) Evidence of rehabilitation including the applicant's record of implementing corrective action, the applicant's cooperation with governmental entities, implementation of formal policies and procedures to prevent recurrence, and the discharge of individuals or severance of affiliation with parties responsible for the offense.
(0) INTERIM STATUS CORRECTIVE ACTION ORDERS. - (i) Whenever on the basis of any information the Director determines that there is or has been a release of hazardous waste into the environment from a facility authorized under 40 CFR 270.70, the Director may issue an order requiring corrective action or such other response measure as the Director deems necessary to protect human health or the environment or the State may commence a civil action under the Act.
- (ii) Any order issued under Section 270(p) of this Chapter may include a suspension or revocation of authorization to operate under 40 CFR 270.70, shall state with reasonable specificity the nature of the required corrective action or other response measure, and shall specify a time for compliance. If any person named in an order fails to comply with the order, the State may initiate a civil action under the Act.
(p) IMMINENT HAZARD. - (i) Notwithstanding any other provision of the Act, upon receipt of evidence that the past or present handling, storage, treatment, transportation or disposal of any waste material or hazardous waste may present an imminent and substantial endangerment to public health or the environment, the Attorney General may bring suit on behalf of the people of the State of Wyoming against any person (including any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage or disposal facility) who has contributed or who is contributing to such handling, storage, treatment, transportation or disposal to restrain such person from such handling, storage, treatment, transportation, or disposal, to order such person to take such other action as may be necessary, or both. A transporter shall not be deemed to have contributed or to be contributing to such handling, storage, treatment, or disposal taking place after such waste material or hazardous waste has left the possession or control of such transporter if the transportation of such waste was under a sole contractual arrangement arising from a published tariff and acceptance for carriage by common carrier by rail and such transporter has exercised due care in the past or present handling, storage, treatment, transportation and disposal of such waste. The Director may also take other action under Section 270(p) of this Chapter including, but not limited to, issuing such orders as may be necessary to protect public health and the environment.
(q) MONITORING, ANALYSIS AND TESTING. - (i) Authority of the Director. If the Director determines, upon receipt of any information, that:
- (A) The presence of any hazardous waste at a facility or site at which hazardous waste is, or has been, stored, treated, or disposed of, or
- (B) The release of any such waste from such facility or site may present a substantial hazard to human health or the environment, the Director may issue an order requiring the owner or operator of such facility or site to conduct such monitoring, testing, analysis, and reporting with respect to such facility or site, as the Director deems reasonable to ascertain the nature and extent of such hazard.
- (ii) Previous Owners and Operators. In the case of any facility or site not in operation at the time a determination is made under Section 270(q)(i) of this Chapter with respect to facility or site, if the Director finds that the owner of such facilities could not reasonably be expected to have actual knowledge of the presence of hazardous waste at such facility or site and of its potential for release, the Director may issue an order requiring the most recent previous owner or operator of such facility or site who could reasonably be expected to have such actual knowledge to carry out the actions referred to in Section 270(q)(i) of this Chapter.
- (iii) Proposal. An order under Section 270(q)(i) or Section 270(q)(ii) of this Chapter shall require the person to whom such order is issued to submit to the Director within 30 days from the issuance of such order a proposal for carrying out the required monitoring, testing, analysis, and reporting. The Director may, after providing such person with an opportunity to confer with the Director respecting such proposal, require such person to carry out such monitoring, testing, analysis, and reporting in accordance with such proposal, and such modifications in such proposal as the Director deems reasonable to ascertain the nature and extent of the hazard.
- (iv) Monitoring, testing, or analysis carried out by the Director.
- (A) If the Director determines that no owner or operator referred to in Section 270(q)(i) or Section 270(q)(ii) of this Chapter is able to conduct monitoring, testing, analysis, or reporting satisfactory to the Director, if the Director deems any such action carried out by an owner or operator to be unsatisfactory, or if the Director cannot initially determine that there is an owner or operator referred to in Section 270(q)(i) or Section 270(q)(ii) of this Chapter who is able to conduct such monitoring, testing, analysis, or reporting, the Director may:
- (I) Conduct monitoring, testing, or analysis (or any combination thereof) which the Director deems reasonable to ascertain the nature and extent of the hazard associated with the site concerned, or
- (II) Authorize a local authority or other person to carry out any such action.
- (B) For purposes of carrying out Section 270(q)(iv) of this Chapter, the Director or any authority or other person authorized under Section 270(q)(i)(A) of this Chapter, may exercise the authorities set forth in W.S. 35-11-109(a) and W.S. 35-11-110(a).
(v) Enforcement. The Director may commence a civil action against any person who fails or refuses to comply with any order issued under Section 270(q)(iv) of this Chapter. Such action shall be brought under Article 9 of the Act.
020-1 Wyo. Code R. § 1-270