reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS › Section 1-6 - General Format of Application or Request for Waiver

Current through July 13, 2024
In accordance with
				  W.S.
				  35-12-107 and
				  W.S.
				  35-12-109, the applicant shall abide by the
				  following rules and conditions:
(a)
				Prior to submitting its application or request for waiver, each applicant shall
				confer with the Division to determine the number of copies of the application
				or request for waiver to be filed with the Division. The applicant shall file a
				minimum of forty (40) copies of the application with the Division. The
				applicant shall not be required to file more than seventy-five (75) copies of
				the application without prior approval of the Council.
(b) The application or request for waiver
				shall be typed, printed, or otherwise legibly reproduced on 8 ½-inch by
				11-inch paper. Maps, drawings, charts, or other documents that are bound in the
				application or request for waiver shall be cut or folded to 8 ½-inch by
				11-inch size. All pages in an application or request for waiver shall be
				consecutively numbered.
(c) The
				application or request for waiver shall be verified by the applicant as to its
				truth and accuracy, upon oath or affirmation. Such application or request for
				waiver shall be signed by the president of the corporation or owner of the
				company, or another official designated by the bylaws to obligate and bind the
				applicant. The application or request for waiver shall be accompanied by a
				letter of transmittal which shall contain the following information:
(i) The company's request for a permit or
				waiver of permit to construct and operate the facility; and
(ii) The designated individual to serve as
				point of contact for the permit process including address of service of
				notice.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS › Section 1-7 - Request for Waiver

Current through July 13, 2024
(a) The request for
				waiver shall contain the information required by the Act with respect to both
				the construction period and on-line life of the proposed industrial facility
				and any additional information the applicant considers relevant to the needs of
				the Council and local units of government for making an informed decision for
				granting or refusing the waiver request. The waiver application shall follow
				the same format as the application contents described in Section
				8, less those parts identified as not
				necessary by the Administrator.
(b)
				The Council shall grant a request for a waiver either as proposed or as
				modified by the Council as provided by the act and considering the following:
(i) In order to find that the industrial
				facility would not produce an unacceptable impact, the Council must find that
				the granting of a waiver will not result in a significant detriment to, or
				significant impairment of, the environment or the social and economic condition
				of present or expected inhabitants. If applicable, the Council may consider
				direct or cumulative impacts not within the area of jurisdiction of another
				regulatory agency in this state.
(ii) A proposed industrial facility is
				considered to be designed in compliance with applicable local ordinances,
				regulations and compatible with land use plans if it meets applicable
				requirements relative to zoning laws, building codes, health and safety laws,
				and other laws of a similar nature in force on the date of submittal of the
				request for waiver.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS › Section 1-8 - Application Information to be Submitted

Current through July 13, 2024
In accordance with
				  W.S.
				  35-12-109, the application shall contain the
				  information required by the Act with respect to both the construction period
				  and online life of the proposed industrial facility and the following
				  information the Council determines necessary:
(a) The application shall state the name,
				title, telephone number, mailing address, and physical address of the person to
				whom communication in regards to the application shall be made.
(b) A description of the specific, geographic
				location of the proposed industrial facility. The description shall include the
				following:
(i) Preliminary site plans at an
				appropriate scale indicating the anticipated location for all major structures,
				roads, parking areas, on-site temporary housing, staging areas, construction
				material sources, material storage piles and other dependent components;
				and
(ii) The area of land required
				by the industrial facility and a land ownership map covering all the components
				of the proposed industrial facility.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS › Section 1-9 - Additional Application Requirements for Wind Energy Facilities

Current through July 13, 2024
(a) Facility
				Decommissioning. The applicant shall provide a facility decommissioning plan.
(i) The facility decommissioning plan shall
				include provisions regarding the removal and proper disposal of all wind
				turbines, towers, substations, buildings, and cabling, electrical components,
				foundations to a depth of forty-eight (48) inches, and any other associated or
				ancillary equipment or structures within the facility boundary above and below
				ground.
(ii) The facility may
				request that a building be left on site if approval is obtained from the
				surface landowner and upon written notification to the Administrator.
(iii) Facility or individual wind turbine
				decommissioning shall begin:
(A) Within twelve
				(12) months after the end of the useful life of the facility or individual wind
				turbine, or
(B) When no electricity
				is generated for a continuous period of twelve (12) months of the facility or
				individual wind turbine.
(C) The
				Council may extend the time period of Section (8)(a)(iii)(B) if the facility
				demonstrates good cause prior to the end of the continuous period of (12)
				months of the facility or wind energy generating towers not generating
				electricity.
(iv) The
				facility decommissioning plan shall be updated and submitted to the
				Administrator every five (5) years.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS › Section 1-10 - Application Information for Commercial Waste Disposal Facilities

Current through July 13, 2024
Application requirements for a commercial waste disposal
				  facility shall include information required for a request for waiver or permit
				  application under
				  W.S.
				  35-12-107,
				  35-12-109
				  and Sections
				  6 and
				  7 of these rules and regulations and the
				  information required in subsections (a) through (f) of this section.
(a) A statement of the applicant's financial
				condition, including but not limited to:
(i)
				A profit and loss statement
(ii)
				Debt to equity ratio
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS › Section 1-11 - Decision of Council

Current through July 13, 2024
(a) The Council
				shall either grant or deny the application as filed, or grant it upon terms,
				conditions or modifications of the construction, operation or maintenance of
				the industrial facility as the Council deems appropriate. The Decision of the
				Council shall be written and shall be effective the date it is signed by the
				chair of the Council.
(b)
				Compliance with all applicable law. The Council must find that the proposed
				industrial facility will comply with all applicable local, state, and federal
				law throughout each phase of planning, construction, and operation. The local
				and state laws that must be complied with for purposes of this subsection
				consist of those laws which were in force on the date of application. In many
				cases, required permits and approvals may not be applied for until subsequent
				to the filing of the application. Therefore, the Council will examine the list
				of permits that regulate other aspects of the facility development for the
				purpose of determining whether the proposed industrial facility would be in
				compliance with all applicable laws if the permits and approvals specified
				therein were issued as expected.
(c) Threat of serious injury. In order to
				find that the industrial facility does not pose a threat of serious injury, the
				Council must find that the granting of a permit, as conditioned by the Council,
				will not result in a significant detriment to, or significant impairment of,
				the environment or the social and economic condition of present or expected
				inhabitants.
(i) In determining whether the
				proposed industrial facility poses a threat of serious injury to the social
				condition of the inhabitants, any significant decrease in the quality or
				quantity of services or facilities may be considered a serious injury. "Social
				condition" shall include, but is not limited to, the following factors:
(A) Water treatment;
(B) Sanitary waste disposal;
(C) Solid waste collection;
(D) Housing;
(E) Police and fire protection;
(F) Medical facilities;
(G) Schools;
(H) Recreational facilities;
(I) Transportation systems;
(J) Mental health facilities;
(K) Social service facilities.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS › Section 1-12 - Impact Assistance Funds

Current through July 13, 2024
(a) If all affected
				counties, cities and towns in the area primarily affected can agree to an
				amount and schedule for payment distributions, they may provide their agreement
				to the Division for submission to the Council for its consideration. If an
				amount and schedule supported by all governments within the area primarily
				affected has not been provided to the Division within 30 days of filing an
				application or waiver of permit application, the Division will review the
				information provided in the application and provide to counties, cities and
				towns within the area primarily affected the Administrator's recommendation to
				the Council for distribution of the impact assistance funds. Counties in
				disagreement with the Administrator's draft recommendation shall provide to the
				parties an alternate distribution recommendation and information showing that
				the Administrator's recommended distribution does not account for all the
				unmitigated impacts.
(b) Pursuant
				to
				W.S. 39-15-111(c) and
				(d), and W S.
				
										39-16-111(d) and
				(e) the Council shall, after consideration of
				all evidence and recommendations presented at the hearing held pursuant to
				W.S.
				35-12-107(g) and
				W.S.
				35-12-110(f), establish an
				amount and schedule for distribution of impact assistance funds. The Council
				shall establish a dollar amount associated with the unmitigated impacts on the
				affected counties, cities and towns from the construction of the proposed
				facility. Under no circumstances shall the impact assistance payment exceed two
				and seventy-six hundredths percent (2.76%) of the total estimated material
				costs of the facility, as those costs are determined by the Council.
(c) If impact assistance payments are already
				being distributed to an affected area of site influence, and another facility
				commences construction, the Council shall consider the effect of the following
				factors in establishing, modifying, adjusting or revising the distribution:
(i) The amount of impact assistance funds
				generated by each facility and the degree of impact in the county attributable
				to each facility; and
(ii) The
				timeframe in which different amounts of impact assistance funds are generated
				by each facility in relation to the timeframe in which impacts attributable to
				each facility occur.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS › Section 1-13 - Information Requirements Imposed Upon Exempt Activities

Current through July 13, 2024
(a) No entity
				defined as an information applicant shall commence construction activity unless
				such entity has supplied the following information to the Council a reasonable
				time prior to the commencement of such construction:
(i) A description of the nature and location
				of the construction activity.
(ii)
				The estimated time of commencement of construction and construction
				time.
(iii) The estimated number
				and job classifications, by calendar quarter, of the employees of the
				applicant, of its contractor or subcontractor during the construction phase and
				during the operating life of the facility. Such estimates shall include the
				number of employees who will be utilized but who do not currently reside within
				the area to be affected by the facility.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS › Section 1-14 - Permit Transfers and Terminations

Current through July 13, 2024
(a) The
				Administrator may recommend corrections to the name of the permit holder to the
				Council.
(b) The Council may
				authorize transfers of permits to a different person buying the assets of the
				permitted facility if:
(i) The matter is
				initiated by a written request from the current permit holder and accompanied
				by a written acceptance of the permit, its terms and conditions by the
				prospective buyer.
(ii) The matter
				is heard by the Council at its next meeting after notice is published and
				parties are notified.
(iii)
				Appropriate officers of the current permit holder and the acquiring company are
				present for examination by the Council.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS › Section 1-15 - Amendments

Current through July 13, 2024
(a) A permit shall
				be amended if the applicant makes a significant change to the scope, purpose,
				size, or scheduling of the project; which would result in different impacts not
				within the scope of the approved permit.
(i)
				Supplemental submittals shall not be considered amendments, if they do not
				provide a significant change to the scope, purpose, size or scheduling of the
				project. In particular, material which is in the nature of a clarification in
				response to a request by the Division shall not be considered a permit
				application amendment.
(ii) An
				amendment to a permit application or request for waiver may be allowed on
				condition that the applicant agrees to an extension of time for hearings,
				studies and determinations, in order to allow full and adequate notice in the
				manner and to the persons specified in
				W.S.
				35-12-111(a).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS › Section 1-16 - Waste Management Surcharge

Current through July 13, 2024
(a) Each Permittee
				of a commercial waste incineration or disposal facility shall keep records of
				all wastes received by the facility. Records shall consist of:
(i) A daily log of all wastes received by the
				applicant by weight, source and content.
(ii) A daily record of payments made for
				wastes received for disposal by source, including a first accounting of
				invoices;
(iii) A daily record of
				solid wastes removed from the facility and recycled or reused; and
(iv) A daily record of hazardous wastes
				treated at the facility.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS › Section 1-17 - Fees and Public Records

Current through July 13, 2024
(a) Application
				Fee. The fee required by
				W.S.
				35-12-109(b) is prepared on
				the basis of features of the proposed application and facility as are any
				increases in the Application Fee as required by
				W.S.
				35-12-109(d).
(b) Public records may be inspected and
				copies provided upon written request specifying the document(s)
				requested.
(c) These rules
				incorporate by reference the following rules and regulations, as in effect of
				September 6, 2016:
(i) Wyoming Department Of
				Administration and Information, Director's Office, Chapter 2, Uniform
				Procedures, Fees, Costs, and Charge for Inspection, Copying, and Producing
				Public Records, available at
https://rules.wyo.gov
.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-1 - Authority

Current through July 13, 2024
In accordance with the provisions of
				  W.S.
				  16-3-101 through
				  16-3-115 and W.S. W.S.
				  W.S.
				  35-12-105(b), these rules of
				  practice and procedure are hereby adopted. If any provision of these rules or
				  the application thereof to any person or circumstance is held invalid, such
				  invalidity shall not affect other provisions or applications of these rules
				  which can be given effect without the invalid provision or application and to
				  this end the provisions of these rules are servable.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-2 - Scope

Current through July 13, 2024
These rules of practice and procedure relate to the
				  procedures by which the Industrial Siting Council (Council) may reach informed
				  decisions with respect to applications to construct industrial facilities, in
				  which case, the Council shall be the sole judge as to whether or not a permit
				  shall be granted. These procedures provide a method by which all persons
				  interested in the subject matter of such applications may present their views.
				  Nothing contained herein shall be construed to prevent the Council from
				  conducting other investigations as may be deemed appropriate.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-3 - Definitions

Current through July 13, 2024
(a) "Permit Proceeding" means all components
				and parts of the statutory and regulatory process required by the Act; the
				Rules and Regulations of the Council and these rules are initiated by the
				filing of an application and is terminated by the final order which grants or
				rejects a permit.
(b) "Presiding
				Officer" means the Chairman of the Council or another person designated by the
				Chairman with the consent of the Council to serve as presiding
				officer.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-4 - Initiation of Proceeding

Current through July 13, 2024
(a) All hearings
				before the Council shall be held pursuant to these rules, the provisions of the
				Act, and the Wyoming Administrative Procedures Act (WAPA).
(b) All hearings, other than rulemaking and
				rehearing proceedings, may be initiated by:
(i) The filing of an application pursuant to
				W.S.
				35-12-109(a) of the
				Act.
(ii) The initiative of the
				Council.
(iii) Petition to the
				Council.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-5 - Application provided to Parties; Party Application Submissions

Current through July 13, 2024
(a) Upon filing a notice of an intent to be a
				party by a person or organization described in
				W.S.
				35-12-111(a)(iii), the
				Division shall immediately provide such a person or organization with a
				complete copy of the application. To the extent that there are copies available
				from the copies supplied by the applicant under Chapter 1, Section
				6(a), the copy will be
				provided without cost to such persons in the order of filing such notice of
				intent. All other copies will be supplied by the Division upon payment by such
				person or organization of the smaller of $100.00 or the actual cost of
				preparing duplicate copies.
(b) Any
				materials supplementing the permit application submitted by the applicant to
				the Division after the date of the application shall be mailed by the applicant
				on the date of submission to the Division to persons who are parties pursuant
				to W.S. W.S. 35-12-111(a)
				at the time of submission. The Division shall maintain a current list of
				parties
,
which will be supplied to any party
				(including the applicant) upon request.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-6 - Notice and Other Actions

Current through July 13, 2024
(a) Notice of
				hearings shall conform to
				W.S.
				16-3-107(a) and
(b). The manner and time for giving notice
				shall be as follows:
(i) When the Council
				determines that it shall hold a hearing on its own motion, is shall give notice
				as promptly as possible in advance of the hearing date to all
				parties.
(ii) When a party desires
				that a hearing be held before the Council, he shall file his petition and the
				Division shall forthwith set a date for hearing and notify all parties
				hereof.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-7 - Attorney General Presence

Current through July 13, 2024
(a) In all matters
				before the Council, the Council may request the Attorney General of the State
				of Wyoming or a representative of his staff to be present throughout the
				hearing.
(b) The Council, upon its
				own motion, may certify an issue of law to the Attorney General for his
				opinion. Such opinion shall thereafter be part of the record for any proceeding
				before the Council, and may, if the Council so directs, constitute a finding of
				the Council with respect to the issuance of final orders or
				decisions.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-8 - Docket

Current through July 13, 2024
When an application is filed with the division, it shall be
				  assigned a number and entered with the date of its filing on a separate page of
				  a docket provided for such a purpose. The Division shall establish a separate
				  file for each such docketed case, in which shall be systematically placed all
				  papers, documents, transcripts, evidence, exhibits, and motions pertaining
				  thereto, and all such items shall have thereon the docket number assigned, and
				  the date of filing.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-9 - Motions

Current through July 13, 2024
The Council or a presiding officer may upon reasonable
				  notice to all parties, hear orally or otherwise, any motion filed in connection
				  with hearings under these rules.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-10 - Subpoenas

Current through July 13, 2024
(a) Subpoenas, requiring the attendance of
				witnesses from any place in the State of Wyoming at any designated place or
				hearing, or for the production of books, papers or other documents, or a
				subpoena duces tecum, may be issued by the Council upon application of any
				party to the proceeding or upon the motion of the Council at any time after the
				date the application for a permit is filed.
(b) Subpoenas for the production of books,
				papers or other documents, unless directed by the Council upon its own motion,
				will issue only upon application in writing, and such application shall set
				forth the books, papers or other documents sought with a showing that they will
				be of service in the decision of the Council.
(c) Costs of service of subpoenas shall be
				paid by the parties requesting the service, or by the Office if requested by
				the Council.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-11 - Prehearing Conference

Current through July 13, 2024
(a) At least ten
				(10) days and no more than twenty (20) days before the day of any hearing, the
				Council may direct the parties to appear before the Council or its designated
				presiding officer to consider:
(i) The
				identification, simplification, and delineation of all issues to be considered
				at the hearing.
(ii) Formulating
				procedures to govern the hearing.
(iii) Such other matters as may aid in the
				disposition of the case.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-12 - Appearances

Current through July 13, 2024
(a) Appearances and representations of
				parties shall be made as follows:
(i) An
				individual may appear and be heard on his own behalf.
(ii) A copartnership may appear and be
				represented by a copartner.
(iii) A
				corporation may appear and be represented by a corporate officer or a full-time
				employee of said corporation.
(iv)
				A local government may appear and be represented by a government officer, a
				member of a local government board, a full-time employee of said local
				government or the authorized representative of the local government.
(v) An unincorporated association may appear
				and be represented by a bonafide general officer or full-time employee of such
				association.
(vi) Any party to a
				proceeding may appear and be represented therein by an attorney at law who is
				duly admitted to practice in Wyoming. Any attorney, who is not licensed to
				practice law in Wyoming
,
shall not be entitled to
				enter his appearance in any proceeding before the Council unless he shall have
				associated with him in such action or proceeding an active member of the
				Wyoming State Bar.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-13 - Hearings

Current through July 13, 2024
(a) Public hearings conducted by the Council
				shall be at a time and place as are designated by the Council as required by
				the Act.
(b) The Division shall
				serve notice of the hearings upon the applicant, local governments and all
				other parties to the permit proceeding, as established by Section
				5(a) of these rules, in
				accordance with the provisions of
				W.S.
				16-3-107 of the WAPA. Such notice shall be
				served not less than seven (7) days prior to the date of the hearing. If notice
				of hearing is given by mail, the computation of time shall begin to run on the
				date the notice is deposited in the United States mail.
(c) The hearing shall be conducted by the
				Council with the Chairman or its designated presiding officer sitting as
				presiding officer. The designated hearing officer shall for purposes of the
				hearing, have all necessary powers normally vested in the Chairman.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-14 - Order of Procedure at Hearings

Current through July 13, 2024
As nearly as possible and feasible, hearings shall be
				  conducted in accordance with the following order of procedure. The presiding
				  officer shall determine all procedural questions not governed by these rules of
				  practice and procedure.
(a) The
				presiding officer shall announce that the Council is convened to hear the
				evidence relating to the application for an industrial siting permit and shall
				call by docket number and title the application to be considered.
(b) The presiding officer shall direct the
				reading into the record of the notice of hearing given by the Council through
				its Director and proof of publication thereof and shall direct that the record
				reflect the issuance of all subpoenas and all appearances of record including
				parties and their counsel of record, if any.
(c) All witnesses who are present to give
				testimony in the hearing shall rise, identify themselves and indicate on whose
				behalf their testimony will be given and be sworn by the presiding officer. All
				witnesses shall be administered the following oath by the presiding officer:
Do you swear (or affirm) that the testimony which you are
				  about to give in the matter or in the hearing before this Council is the truth,
				  the whole truth and nothing but the truth?
(d) The parties will each be allowed an
				opening statement to briefly explain their position to the Council and outline
				the evidence they propose to offer together with the purpose thereof. Opening
				statement shall be of a length and in an order as shall be determined by the
				presiding officer.
(e) The parties'
				evidence shall be heard in the following order and manner:
(i) The applicant.
(ii) Each local government
				entity
,
which is a party
,
shall then be heard in an order established by the presiding officer.
(iii) Each other party to the permit
				proceeding, in an order to be established by the presiding officer, shall then
				be allowed to present its evidence and be heard by the Council.
(iv) Witnesses may be cross-examined by any
				party or its attorney and by members of the Council and legal
				counsel.
(v) Parties may have the
				opportunity to offer, once only, rebuttal evidence in order.
(vi) Parties may have the opportunity to
				offer closing statements in order.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-15 - Record of Proceedings Reporter

Current through July 13, 2024
All hearings including all testimony, shall be reported
				  verbatim by a competent reporter. The compensation of such reporter shall be
				  paid as required by law and as ordered by the Council. If a transcript of the
				  testimony is required by the Council, the cost thereof shall be paid by the
				  Council, or as otherwise provided by law. The Council may direct any party or
				  parties to assume the cost of the transcript if transcribed at his or their
				  request.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-16 - Record

Current through July 13, 2024
The record in all cases shall include:
(a) All formal and informal
				notices;
(b) Evidence received or
				considered including matters officially noticed;
(c) Questions and offers of proof,
				objections, and rulings thereon;
(d) Any proposed findings and objections
				thereto;
(e) The decision and order
				of the Council.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-17 - Decision and Order

Current through July 13, 2024
The Council shall make written decision and order in all
				  cases which decision shall contain findings of fact and conclusions. The
				  decision and order of the Council shall be placed in the record of the
				  case
,
which shall be retained by the Council. Notice
				  of the Council's decision shall be given as provided by
				  W.S.
				  35-12-113(f) of the
				  Act.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-18 - Appeal

Current through July 13, 2024
Appeals to the District Court from decisions of the Council
				  are governed by
				  W.S.
				  16-3-114, Rule 12 of the Wyoming Rules of
				  Appellate Procedure and by W.S. W.S.
				  W.S.
				  35-12-114 of the Act.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-19 - Transcript of Appeal

Current through July 13, 2024
In case of an appeal as above provided from a final order of
				  the Council, the party appealing shall secure and file a transcript of the
				  testimony and all other evidence offered at the hearing, which transcript must
				  be verified by the oath of the reporter who took the testimony as a true and
				  correct transcript of the testimony and other evidence in the case. The
				  compensation of the reporter for making the transcript of the testimony and all
				  other costs involved in such appeal shall be borne by the party prosecuting
				  such appeal.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-20 - Applicable Rules of Civil Procedure

Current through July 13, 2024
The WRCP, insofar as the same may be applicable and not
				  inconsistent with the laws of the State and these rules shall apply to matters
				  before the Council.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-21 - Rulemaking Hearings

Current through July 13, 2024
(a) The provisions
				of the rules contained in this section shall govern:
(i) Any hearings conducted pursuant to a
				petition (within the meaning of
				W.S.
				16-3-106 for the promulgation, amendment, or
				repeal of any rule (as defined in W.S. W.S.
				W.S.
				16-3-101(a)(ix) ).
(ii) Any hearings conducted pursuant to W.S.
				W.S. W.S.
				16-3-103 for the promulgation of rules and
				regulations recommended by the Director.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 2 - PRACTICE AND PROCEDURE FOR THE INDUSTRIAL SITING COUNCIL › Section 2-22 - Amendment

Current through July 13, 2024
Any amendment to these rules shall become effective as
				  provided by
				  W.S.
				  16-4-102 through
				  16-4-106 of the Wyoming
				  Administrative Procedure Act.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 1 - AUTHORITIES AND DEFINITIONS FOR SURFACE COAL MINING OPERATIONS › Section 1-1 - Authority

Current through July 13, 2024
These rules and regulations are adopted by the Environmental
				  Quality Council and the Administrator of the Land Quality Division pursuant to
				  the authority granted the Council and the Administrator by the Wyoming
				  Environmental Quality Act, Sections
										35-11-101 through
				  35-11-1104, Wyoming Statutes,
				  1977, as amended. These rules and regulations are effective upon filing with
				  the Secretary of State. They become an official part of Wyoming's coal
				  regulatory program when approved by the U.S. Secretary of the Interior or his
				  designee.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 1 - AUTHORITIES AND DEFINITIONS FOR SURFACE COAL MINING OPERATIONS › Section 1-3 - Applicability

Current through July 13, 2024
(a) All mining operations or operations by
				which solid minerals are intended to be extracted from the earth, which are
				commenced or conducted after the effective date of these rules and regulations,
				shall comply with the requirements hereof, except as specific exemptions are
				allowed by the Act.
(b) The
				discretionary exemptions shall be limited as follows:
(i) W.S. §
										35 -
				1 l-401(g), (h) and (j) shall not apply to
				surface coal mining operations.
(ii) In order to qualify for the exemption
				provided for in W.S. §
										
											35-11-401(e)(ii), approval
				must be obtained from the Administrator for the extraction of any coal after a
				finding that:
(A) The extraction is necessary
				to enable the construction to be accomplished and occurs within the
				right-of-way or boundary of the area directly affected by the
				construction;
(B) The construction
				is funded 50 percent or more by funds appropriated or obtained from a
				government financing agency's budget or general revenue bonds; and
(C) The person agrees to possess on-site
				documents which show a description of the project, its exact location, and
				information showing the source, kind and amount of public financing, including
				the percentage of the entire construction costs represented by the government
				financing.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 2 - PERMIT APPLICATION REQUIREMENTS FOR SURFACE COAL MINING OPERATIONS › Section 2-1 - General Requirements

Current through July 13, 2024
(a) All
				applications shall be filed in a format required by the Administrator and shall
				include, at a minimum, all information required by the Act and all the
				applicable information required under Sections
				2
				through
				5 of this Chapter. All applicants must swear
				or affirm, under oath and in writing, that all information you provide in an
				application is accurate and complete. The Division may establish a central file
				to house an applicant's identity information, rather than place duplicate
				information in each of an applicant's permit application files and this
				information will be made available to the public upon request.
(b) Information set forth in the application
				shall be current, presented clearly and concisely, and supported or
				authenticated, when appropriate, by references to technical material, persons,
				or public or private organizations which were used, consulted, or were
				responsible for collecting and analyzing the data.
(c) Maps submitted with the application shall
				be, or be the equivalent of a U.S. Geological Survey topographic map at a scale
				determined by the Administrator, but in no event smaller than 1:24,000. All
				maps shall contain a title relative to the subject matter of the map, a map
				number, legend, and show the limits of the permit area. The maps shall
				distinguish among the following phases of the operation:
(i) Prior to August 3, 1977;
(ii) After August 3, 1977 and prior to May 3,
				1978;
(iii) After May 3, 1978 and
				prior to approval of the State Program;
(iv) After the estimated date of issuance of
				the permit; and
(v) The five
				"regulatory categories" as defined in Chapter 1, Section
				2.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 2 - PERMIT APPLICATION REQUIREMENTS FOR SURFACE COAL MINING OPERATIONS › Section 2-3 - Vegetation Baseline Requirements

Current through July 13, 2024
(a) The plan for a
				baseline vegetation study to establish baseline conditions shall be submitted
				to the Administrator prior to the field sampling season for review and
				approval, prior to implementation, unless otherwise approved by the
				Administrator.
(b) If baseline
				information was previously collected in the area for a different permit or
				project, then the Administrator may require resampling. The Administrator's
				determination as to whether resampling is required, and to what extent, will be
				based upon:
(i) Differences in scope between
				the permits or project;
(ii)
				Differences in existing and historic conditions;
(iii) Improvements in sample collection
				techniques;
(iv) The elapsed time
				since the last evaluation of the presence of threatened and endangered species;
				and
(v) Concerns with sampling
				methodology.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 2 - PERMIT APPLICATION REQUIREMENTS FOR SURFACE COAL MINING OPERATIONS › Section 2-5 - Mine Plan

Current through July 13, 2024
(a) In addition to
				that information required by W.S. §
									
										35-11-406(b), each
				application for a surface coal mining permit shall contain:
(i) A complete operations plan proposed to be
				conducted during the life of the mine including:
(A) A narrative description of the type and
				method of mining, the number of acres that will be affected annually,
				overburden and mineral removal and transport, anticipated annual and total
				production by tonnage, and the major equipment to be used for all aspects of
				the operations.
(B) A map showing
				the estimated orderly progression of mining and reclamation on all proposed
				affected lands.
(C) The size,
				sequence
,
and timing of the areas for which it is
				anticipated that renewed permits for mining will be requested over the
				estimated total life of the proposed operation.
(D) Cross-sections, or maps and plans of the
				area to be mined during the term of the permit, or for the entire permit area
				if required by the Administrator or specified below, and certified by a
				registered professional engineer or professional geologist, showing:
(I) Location of proposed water treatment
				control and monitoring facilities;
(II) Location of each proposed explosive
				storage and handling facility;
(III) Location and construction of each
				proposed waste disposal facility relating to coal processing or pollution
				control;
(IV) Location of and
				typical design for surface water and groundwater hydrologic control methods
				including proposed temporary impoundments, sedimentation ponds, diversions,
				stream channels, erosion control methods, and water treatment, water storage,
				water collection and discharge facilities. The location and typical design of
				permanent impoundments and general location of the above described hydrologic
				control methods shall be provided for the permit area;
(V) The location, construction
,
and maintenance of coal stockpiles, and temporary
				and excess spoil piles shall be provided for the permit area;
(VI) Location of permanently fixed signs and
				markers in accordance with the requirements of Chapter 4, Section
				2(o); and
(VII) Location and description of any
				undisturbed natural barrier which is proposed to be provided to prevent slides
				and erosion, in accordance with the requirements of Chapter 4, Section
				2(s).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 3 - PERMITS FOR SPECIAL CATEGORIES OF SURFACE COAL MINING › Section 3-1 - Prime Farmlands

Current through July 13, 2024
(a) When prime
				farmland occurs on proposed affected lands, a mining and reclamation plan shall
				include the following additional information:
(i) A plan for separation and replacement of
				prime farmland soil and a description of the proposed method and type of
				equipment to be used for removal, storage, and replacement.
(ii) A map showing the location of areas to
				be used for the separate stockpiling of the prime farmland soil when the soil
				cannot be immediately replaced.
(iii) A plan for revegetation of the final
				graded prime farmland in accordance with Chapter 5, Section
				2(b), which shall include
				conservation practices for periods between cropping periods.
(iv) Available agricultural studies or other
				applicable scientific data which demonstrates that the proposed method of
				reclamation shall restore equivalent or higher levels of yield.
(v) A range of soil densities for each prime
				farmland soil shall be determined and the results provided in the
				application.
(vi) Premining
				productivity of the prime farmland or from representative reference areas under
				a high level of management.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 3 - PERMITS FOR SPECIAL CATEGORIES OF SURFACE COAL MINING › Section 3-2 - Alluvial Valley Floors

Current through July 13, 2024
(a) A
				pre-application determination of the presence or absence of an alluvial valley
				floor and the applicability of the statutory exclusions of W.S. §
									
										35-11-406(n)(v) may be
				requested by the applicant and, if requested, shall be made by the
				Administrator provided sufficient information is submitted. Public notice and
				opportunity for comment shall be provided during the permit approval
				process.
(b) All applications for a
				surface coal mining permit shall contain sufficient information to
				affirmatively demonstrate the presence or absence of alluvial valley floors
				within the permit area and on those adjacent areas where an alluvial valley
				floor containing areas of subirrigation or flood irrigation agricultural
				activities may reasonably be expected to be affected by the proposed mining
				operation, including, at a minimum:
(i) Maps
				of unconsolidated deposits holding streams including, but not limited to,
				geologic map of unconsolidated deposits and streamlaid deposits, maps of
				streams, delineation of surface watersheds and acreage, topography, showing
				terrace levels and conditions, flood plains and channels showing surface
				drainage patterns.
(ii) Maps and
				description of all lands associated with the unconsolidated streamlaid deposits
				which are subjected to subirrigation or flood irrigation agricultural
				activities.
(iii) For the permit
				area, the application shall include the quantity and quality of surface water
				available for flood irrigation of unconsolidated streamlaid deposits. The
				application may include written views of local conservation district personnel
				concerning the potential for flood irrigation of the unconsolidated streamlaid
				deposits.
(iv) Such other
				information that the Administrator shall require to identify whether an
				alluvial valley floor exists within the permit area or on adjacent areas and
				its extent, if any exists.