Whereas pollution of the air, water and land of this state will imperil public health and welfare, create public or private nuisances, be harmful to wildlife, fish and aquatic life, and impair domestic, agricultural, industrial, recreational and other beneficial uses; it is hereby declared to be the policy and purpose of this act to enable the state to prevent, reduce and eliminate pollution; to preserve, and enhance the air, water and reclaim the land of Wyoming; to plan the development, use, reclamation, preservation and enhancement of the air, land and water resources of the state; to preserve and exercise the primary responsibilities and rights of the state of Wyoming; to retain for the state the control over its air, land and water and to secure cooperation between agencies of the state, agencies of other states, interstate agencies, and the federal government in carrying out these objectives. Wyo.Rev.Stat. 35-11-102
ORGANIZATION
The Environmental Quality Council was created in 1973 when the Wyoming Environmental Quality Act (the Act) became law. §§35-11-101, et seq. 1997, as amended. Although the Act has always provided that the EQC is an independent entity, the legislature formally declared the EQC to be a separate operating agency in 1992 when all state agencies concerned with natural resources were reorganized.
The Governor appoints the seven members of the Environmental Quality Council, and the Senate confirms the appointments. The EQC members are not full time employees but are reimbursed and paid in the same manner as members of the legislature. The EQC members and the two person staff form a separate operating agency.
INITIATION OF CONTESTED CASE DEQ Ch.2, Section 4
Section 4. Initiation of Contested Case.
(a)All persons requesting a contested case hearing or protesting a permit shall file the original written petition with the Council and serve additional copies to the Director of the Department and any other parties.
(i)A person initiating a contested case shall serve the petition by registered mail, return receipt requested. Thereafter, all service shall be proved in accordance with the Wyoming Rules of Civil Procedure.
(ii)Where a person is objecting to a permit, service of all documents shall include the permit applicant when serving the petition and all other pleadings and motions.
(b)The petition for hearing shall set forth:
(i)Name, phone number, electronic mail address, and physical address of the petitioner and, if applicable, the petitioner's attorney;
(ii)The action, decision, order, or permit upon which a hearing is requested;
(iii)A statement in ordinary but concise language of the specific allegations on which the petition is based, including references to the statute, rule, or order that the petitioner alleges has been violated, and
(iv)A request for hearing before the Council.
