Wyo. Stat. § 35-9-159 (2026)

clandestine laboratory remediation fund.

     (a) This act shall not apply to releases of a hazardous
material where there is an immediate on-site private industry
response capability to the emergency. The exemption under this
subsection shall apply only if the private industry files
evidence of its immediate response capability to respond to
emergency releases of hazardous materials that may be present at
the site of the private industry or the responsible party and
incident commander have determined that the local or regional
response team is no longer required and should be released. The
exemption shall not apply if emergency responders responded to a
release of hazardous materials at the request of the on-site
private industry where the emergency occurred.
     (b) Except with respect to a response to a clandestine
laboratory operation incident, the state, political subdivisions
of the state or other unit of local government shall not be
entitled to reimbursement under this act from any responsible
party for an incident involving less than the following
quantities of hazardous materials:

Hazard Class/Division    Hazard Type         Quantity subject to

from 49 CFR                                       reimbursement

Article 100-185

1.1, 1.2, 1.3           Explosive Materials       Any quantity

(Table 1 materials)

1.4, 1.5, 1.6           Explosive Materials       1001 pounds

(Table 2 materials)

2.1                     Flammable Gas             150 gallons

(Table 2 material)

2.3                     Poison Gas                Any quantity

(Table 1 material)

3                       Flammable Liquid          150 gallons

(Table 2 material)

3                       Combustible Liquid        300 gallons

(Table 2 material)

4.1                     Flammable Solid or        11 pounds

4.2                     Spontaneously Combustible

(Table 2 materials)     Material

4.3                     Dangerous When Wet        3 pounds

(Table 1 material)
5.1                   Oxidizer                  1001 pounds

(Table 2 material)    (Includes inorganic

                         Peroxides)

5.2                   Organic Peroxide          66 pounds

(Table 1 material)

6.1                   Poison (Inhalation        32 pounds

(Table 1 material)    Hazard Zone A or B)

6.1                   Poison (Other than        1001 pounds

(Table 2 material)    Inhalation Hazard Zone

                         A or B)

6.2                   Infectious Substance      1001 pounds

(Table 2 material)

Class 7               Radioactive Material      Any quantity

(Table 1 material)    (Yellow Label III only)

Class 8               Corrosive Material        1001 pounds

(Table 2 material)

Class 9               Miscellaneous             1001 pounds

(Table 2 material)    Hazardous Material

     (c) The initial response authority shall seek
reimbursement on behalf of all responders entitled to
reimbursement under this act from any responsible party for an
incident involving hazardous materials under this act.

     (d) Notwithstanding any other provision of this act, if a
local law enforcement agency acting as an emergency responder
does not find an immediate and substantial threat to public
health when responding to a clandestine laboratory operation
incident the local law enforcement agency discovering the
clandestine laboratory operation shall provide written notice of
the discovery to the owner of the property. The owner of the
property shall have ninety (90) days to remediate the property
in accordance with standards established pursuant to W.S.
35-9-153(h). If the property is not remediated within ninety
(90) days of receipt of notice pursuant to this subsection, the
law enforcement agency acting as an emergency responder may take
remediation action as provided in rules authorized under W.S.
35-9-153(h). If the owner is unable to complete the remediation
within ninety (90) days, the owner may request an extension of
time from the local law enforcement agency which shall grant the
extension if it finds:

          (i) The owner is making a good faith effort to
remediate the property; and

          (ii) The owner has a practical time schedule to
complete the remediation.

     (e) The owner may appeal a notice to remediate a
clandestine laboratory operation or a denial of an extension
under subsection (d) of this section in accordance with W.S.
16-3-114 of the Administrative Procedure Act. The law
enforcement agency's authority to take remediation action shall
be stayed while the appeal is pending.

     (f) There is created the clandestine laboratory
remediation account to be administered by the attorney general.
A local law enforcement agency acting as an emergency responder
may apply for reimbursement from the account for expenses
incurred in responding to a clandestine laboratory operation
incident as provided in W.S. 35-9-158(a)(vi).

                Division 6. Survivors' Benefits