Risk management.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0036.E1

SENATE FILE
NO.
SF0135

Risk management.

Sponsored by:
Senator(s) Bebout, Case, Cooper and Vasey and Representative(s) Brown, Childers, Miller, Quarberg and Simpson

A BILL

for

AN ACT relating to environmental quality; providing for risk assessments and risk management in the adoption of solid waste rules, standards
or
permitting systems; providing definitions; making conforming amendments; and providing for an effective date.

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

Section 1.

W.S. 35
‑
11
‑
523 and 35
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11
‑
524 are created to read:

35
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11
‑
523.

Risk management and risk assessment in considering rules, regulations, standards
or
permitting systems
.

(a)

Notwithstanding any other provisions of this article to the contrary, p
rior to considering a recommendation or petition to adopt, amend or repeal rules, regulations, standards
or
permitting systems
related to or that may affect engineered containment systems at municipal landfills
, t
he board and council shall
give
notice and receive public comment on a risk assessment related to the recommendation or petition. If the council determine
s
that the risk assessment does not accurately or adequately identify and evaluate all the data and criteria required under W.S. 35
‑
11
‑
524(b)
, then prior to considering the recommended or requested rules, regulations, standards
or
permitting systems, the council shall direct the department to collect data and perform
the evaluations that the council identifies as incomplete or inconsistent with the requirements of W.S. 35
‑
11
‑
524(b).

(b)

The council shall give notice, receive public comment, and determine that the revised risk assessment is accurate and adequate under
W.S. 35
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11
‑
524(b)
prior to proceeding with consideration of the recommendation or
petition to adopt, amend or repeal rules, regulations, standards
or
permitting systems
related to or that may affect engineered containment systems at municipal landfills
.

(c)

The council shall make risk management decisions
taking into consideration
a risk assessment
prepared by the department when
adopting, amending or repealing rules, regulations, standards
or
permitting systems
related to or that may affect engineered containment systems at municipal landfills
.

(d)

A decision by the council that the risk assessment is accurate and adequate under W.S. 35
‑
11
‑
524(b) shall be a final decision of the agency
pursuant to the Wyoming Administrative Procedure Act
.

35
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11
‑
524.

Risk management; risk assessment.

(a)

The goal of risk management shall be to
identify, evaluate and
manage environmental risks, not to eliminate them. A risk management decision shall be based upon a risk assessment in
the
adoption, amendment or repeal of rules, regulations, standards
or
permitting systems
related to or that may affect engineered containment systems at municipal landfills
and when a risk assessment is requested by the applicant under W.S. 35
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11
‑
801(a). When a risk management decision is made
by the department, it may be appealed to the council.

(b)

A risk assessment shall explain the department's:

(i)

Investigation and verification of the existence of an actual and significant environmental problem;

(ii)

Determination of reasonable toxicological endpoints;

(iii)

Data demonstrating background conditions and measurable adverse impacts due to pollution;

(iv)

Identification and analysis of the exposure of humans, plants and animals to pollution and the degree of exposure;

(v)

Evaluation of the statistical relevance of toxicity data;

(vi)

Characterization of the nature and severity of the risk and if the risk is acute or chronic;

(vii)

Comparison of data on exposure and effects;

(viii)

Calculation of the probability of risk that pollution will cause measurable harm to reasonable toxicological endpoints; and

(ix)

Analyses of the range of alternative risk management decisions and the selection of a recommended decision based upon the identification and evaluation of:

(A)

The reasonableness of the pollution involved;

(B)

The character and degree of injury to, or interference with the health and physical well being of the humans, animals and plants;

(C)

The social and economic value of the source of pollution;

(D)

T
he priority of location in the area involved;

(E)

T
he technical practicability and economic reasonableness of reducing or eliminating the source of the pollution;

(F)

The social welfare and aesthetic value; and

(G)

T
he effect upon the environment.

Section
2
.

W.S. 35
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11
‑
103(d) by creating new paragraphs (viii) through (x), 35
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11
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109(a)(iv) and 35
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11
‑
801(a) are amended to read:

35
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11
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103.

Definitions.

(d)

Specific definitions applying to solid waste management:

(viii)

"Municipal landfill" means
a facility for
land disposal primarily
f
or

municipal
solid wastes resulting from or incidental to residential, community, trade or business activities, including garbage, rubbish, ashes, street sweepings, dead animals,
tires,
abandoned automobiles and all other solid waste other than industrial waste
s;

(
ix
)

"Risk assessment" means a report prepared by the department in conformance with W.S. 35
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11
‑
524(b);

(x)

"Risk management" means a decision made by
the department or council pursuant to W.S. 35
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11
‑
523 or 35
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11
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524.

35
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109.

Powers and duties of director.

(a)

In addition to any other powers and duties imposed by law, the director of the department shall:

(iv)

Conduct, encourage, request and participate in, studies, surveys, investigations, research, experiments, training and demonstrations by contract, grant or otherwise;
prepare a risk assessment prior to the adoption, amendment or repeal of any rules,
regulations,
standards
or
permitting systems
related to or that may affect engineered containment systems at municipal landfills
, or upon request of the applicant under W.S. 35
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11
‑
801(a);

prepare and require permittees to prepare reports and install, use and maintain any monitoring equipment or methods reasonably necessary for compliance with the provisions of this act; collect information and disseminate to the public such information as is deemed reasonable and necessary for the proper enforcement of this act;
and make risk management decisions in the issuance, denial, amendment, suspension or revocation of
permits related to engineered containment systems at municipal landfills
, and in the
adoption, amendment or repeal of rules, regulations, standards
or
permitting
systems related to or that may affect engineered containment systems at municipal landfills
;

35
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11
‑
801.

Issuance of permits and licenses.

(a)

When the department has, by rule or regulation, required a permit to be obtained it is the duty of the director to issue such permits upon proof by the applicant that the procedures of this act and the rules and regulations promulgated hereunder have been complied with. In granting permits, the director
shall, upon the request of the applicant
for a permit related to engineered containment systems at municipal landfills
, prepare a risk assessment. In granting
permits related to engineered containment systems at municipal landfills
, the director shall make risk management decisions and for any permit,
may impose such conditions as may be necessary to accomplish the purpose of this act which are not inconsistent with the existing rules, regulations and standards. An administrator shall not issue permits and may issue a license under this act only as specifically authorized in this act.

Section 3.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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SF0135