Environmental Self Audit

Objectives
  1. REDUCE
    Reduce pollution in the state by identifying and correcting past noncompliance, improving current compliance and preventing future noncompliance.

  2. RECOGNIZE
    Recognize and incentivize owners and operators that discover and report violation(s) through Audits, by limiting or waiving civil penalties and/or injunctive relief, where such waiver is permissible.

  3. MINIMIZE
    Reduce pollution in the state by identifying and correcting past noncompliance, improving current compliance and preventing future noncompliance.

  4. ENCOURAGE
    Encourage small businesses to seek assistance from the Department by reducing the threat of penalties.
Process
  1. NOTIFY
    Recognize pollution in the state by identifying and correcting past noncompliance, improving current compliance and preventing future noncompliance.

  2. COMPLETE
    Within 180 days of commencement, complete an environmental self-audit.

  3. REPORT
    Compile and submit a report of findings within 60 days of the audit completion.

  4. IMPLEMENT
    Develop and implement a plan to remedy past noncompliance, improve current compliance and prevent future noncompliance.

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Wyoming’s Self-Audit Law

Wyoming’s audit law provides incentives to regulated entities to self-disclose noncompliance with environmental requirements found through environmental audits. Wyo. Stat. Ann.§§ 35-11-1105 and 35-11-1106 (2017).

The United States Environmental Protection Agency’s Audit Policy also provides incentives for self-disclosure of noncompliance. 65 Fed. Reg. 19,618 (Apr. 11, 2000). Generally, neither policy applies if the self-disclosure occurs after a facility is already under investigation for violations of the applicable environmental law.

Any owner or operator of one or more facilities which are subject to the state and federal regulation.

Any facility regulated by the act, facility activities, and management systems or processes that result in the identification and prevention of noncompliance and improve compliance. Items already identified by the department or under investigation are not protected by an audit.

A company can elect to complete an audit at any time. Some common reasons include, new facility purchase, significant personnel turnover, regulation or rule changes.

Audit reports and findings are privileged and protected communications when submitted in good faith. Identified and reported noncompliance is generally not subject to a civil penalty.

180 days for completion of the Audit and 60 days to complete the audit report. Audit Implementation Plan may take additional time so long as completion and reporting timelines are met.

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