Wyoming Statutes

Wyo. Stat. § 35-11-304 (2026)

Administrator required to delegate certain

✓ current as of May 2026
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management functions to local governmental entities.

     (a) To the extent requested by a municipality, water and
sewer district or county, the administrator of the water quality
division, with the approval of the director, shall delegate to
municipalities, water and sewer districts or counties which
apply the authority to enforce and administer within their
boundaries the provisions of W.S. 35-11-301(a)(iii) and (v),
including the authority to develop necessary rules, regulations,
standards and permit systems and to review and approve
construction plans, conduct inspections and issue permits. Any
authority delegated under this section shall be subject to the
following conditions:

          (i) The delegation of authority under this section is
limited to small wastewater facilities, publicly owned or
controlled sewage collection and water distribution facilities
and publicly owned or controlled nondischarging treatment works;

          (ii) The delegation of authority under this section
shall be by written agreement signed by the administrator and
the local elected representative empowered to do so;

          (iii) The local governmental entity has established
rules, regulations and standards for the issuance of permits
required under W.S. 35-11-301(a)(iii) and (v) which standards
shall be at least as stringent as those promulgated by the state
under W.S. 35-11-302(a)(iii);

          (iv) The local governmental entity shall demonstrate
to the administrator that all facilities will be approved by a
registered professional engineer or city or county sanitarian
for small wastewater facilities or other qualified individual
approved by the water quality division administrator, and that
it employs a properly certified waste treatment plant operator
responsible for operation and maintenance of the treatment works
in a manner at least as stringent as the department of
environmental quality would require;

          (v) The administrator shall periodically review the
standards and administrative and enforcement programs of each
local governmental entity receiving a delegation of authority
under this section and may with the consent of the director
revoke or temporarily suspend the delegation agreement entered
into with any entity which has failed to perform its delegated
duties or has otherwise violated the terms of its agreement of
delegation.
Notes of Decisions
Cited in 1 case, 1993–1993 · leading case: Hermes Consol., Inc. v. People, 849 P.2d 1302 (Wyo. 1993).
Hermes Consol., Inc. v. People, 849 P.2d 1302 (Wyo. 1993). “35 — 11— 301(a)(iii) and (v) pursuant to the authority delegated under W.S. 35-11-304 may also be brought by the county attorney in the county in which the violation occurred.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.