Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0008 - Practice and Procedure
Chapter 8 - SMALL BUSINESS VOLUNTARY DISCLOSURE INCENTIVE
Section 8-3 - QUALIFICATIONS FOR PENALTY WAIVER

(a) The Department will not seek civil penalties from a small business that voluntarily discloses in writing to the Department non-compliance with the Act, any rule, regulation or standard promulgated under the Act, within 60 days of discovering the violation, provided that the business has corrected the violation or corrects the violation in accordance with a compliance schedule approved by the Department. The burden will be on the business to demonstrate that it has disclosed the violation within 60 days of discovery. If the business is unable to correct the violation within 180 days or violates a compliance schedule issued by the Department establishing a shorter period for correcting the violation, the business will no longer qualify for the penalty waiver. Upon good cause shown by the small business, the Director may grant an extension of the deadline for correcting the violation.

(b) The Department will not seek civil penalties from a small business that has made a good faith effort to operate in compliance prior to discovery of the violation, as evidenced by a request for compliance assistance from the Department or attendance at one or more compliance assistance seminars; and as evidenced by prompt correction of any violations discovered through such efforts and implementation of good environmental management practices. To qualify for the waiver, the business must document its participation in compliance assistance or outreach seminars and the steps it has taken as a result to improve compliance or correct the violations. In the event that the Department believes the small business needs to take further steps to correct a violation, the Department shall issue a compliance schedule. The small business must meet the requirements of the compliance schedule to maintain the penalty waiver.