SF0120 - DEQ permitting process-award for bad faith objections.

2001

State of Wyoming

01LSO-0264.E1

ENGROSSED

SENATE FILE NO. SF0120

DEQ permitting process-award for bad faith objections.

Sponsored by: Senator(s) Meier and Hinchey and
Representative(s) Huckfeldt and Philp

A BILL

for

1 AN ACT relating to department of environmental quality
2 permits; providing for hearing procedures as specified; and
3 providing for an effective date.

5 Be It Enacted by the Legislature of the State of Wyoming:

7 Section 1. W.S. 35-11-112(a) by creating a new
8 paragraph (vi) is amended to read:

10 35-11-112. Powers and duties of the environmental
11 quality council.

13 (a) The council shall act as the hearing examiner for
14 the department and shall hear and determine all cases or
15 issues arising under the laws, rules, regulations,
16 standards or orders issued or administered by the

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1 department or its air quality, land quality, solid and
2 hazardous waste management or water quality divisions.
3 Notwithstanding any other provision of this act, including
4 this section, the council shall have no authority to
5 promulgate rules or to hear or determine any case or issue
6 arising under the laws, rules, regulations, standards or
7 orders issued or administered by the industrial siting or
8 abandoned mine land divisions of the department. The
9 council shall:

11 (vi) Adopt and when applicable, enforce the
12 provisions of rule 11 of the Wyoming Rules of Civil
13 Procedure in a contested hearing conducted by the council.
14 The council may modify the procedural provisions of rule 11
15 to fit the circumstances of a hearing before the council
16 and sanctions imposed by the council. If the provisions of
17 rule 11 are modified at a future date, the council may, but
18 need not, adopt the modifications.

20 Section 2. This act is effective July 1, 2001.

22 (END)

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