Wyo. Code R. 020-0004-1
Industrial Siting Council
Chapter 1: Industrial Development Info. & Siting Rule & Regs
Effective Date: 11/09/1993 to 02/07/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 020.0004.1.11091993
Date Filed 11/09/93
Expr Date
Supr Date
Repeal Date
Document Type RULES
Section 1. Authority. These rules and regulations are promulgated by the Wyoming Industrial Siting Council pursuant to the authority granted the Council by the Wyoming Industrial Development Information and Siting Act; W.S. 35-12-101 through 35-12-119.
Section 2. Definitions. Definitions contained in W.S. 35-12-102, shall be applicable, where appropriate. The following terms used in these regulations shall have the following meanings, unless the context otherwise requires:
(a) 'Act' means the Industrial Development Information and Siting Act, W.S. 35-12-101 through 35-12-119.
(b) 'Area or local government primarily affected by the proposed industrial facility' means:
(i) Any unit of local government in which any part of the proposed industrial facility will be physically located; or
(ii) Any defined geographical area or unit of local government or special district in which the construction or operation of the industrial facility may significantly affect the environment, population, level of economic well-being, level of social services, or may threaten the health, safety or welfare of present or expected inhabitants.
Any such area or local government body or special district is within the areas of site influence.
(c) 'Areas of site influence' means the areas which may be affected environmentally, socially, or economically, in any significant degree, by the location of the industrial facility at the proposed site. A separate 'area of influence' may be considered for each resource identified in Section 7 of these rules.
(d) 'Commence to construct' means:
(i) Any clearing of land, excavation, construction or other action that would affect the environment of the site of any industrial facility, but does not include changes needed for temporary use of sites for less than ninety (90) days, changes required to conduct studies and tests under the Act, or any other state or federal act or regulation, or access roads and services associated with utilities, or routes for nonutility purposes for uses in securing geological data but not limited to necessary borings or drillings to ascertain foundation conditions;
(ii) The nuclear fracturing of underground formations, if any such activity is related to the possible future development of an industrial facility subject to the Act, but does not include the gathering of geological data by boring of test holes or other underground exploration, investigation or experimentation.
(e) 'Commercial waste disposal facility' includes the waste disposal facilities defined in W.S. 35-12-102(a)(vii). Commercial waste disposal facilities do not include:
(i) Municipal or county operated landfills which receive wastes generated within the political subdivision of the municipality, county, or a solid waste district.
(f) 'Complete application' means an application which contains all of the information required by W.S. 35-12-109 and Section 7 of these rules, except those portions of the application requirements that the Council has waived pursuant to W.S. 35-12-107; excluding proprietary information. If proprietary information is withheld, it must be stated in the application.
(g) 'Council' means the Industrial Siting Council.
(h) 'Cumulative impacts' means the combined impacts upon the environment or the social or economic conditions resulting from construction and operation of the proposed industrial facility and from construction and operation of other on-going or proposed developments in the area of site influence. Proposed developments to be included in cumulative impacts include those developments which are actively planning and have public information available, or may be actively permitting.
(i) 'Dependent component' means any ancillary facility to be constructed by the applicant which is necessary and essential to the construction or operation of the industrial facility. Dependent components are considered part of the industrial facility. Facilities described at W.S. 35-12-119 as exempt are not dependent components.
(j) 'Director' means the Director of the Office.
(k) 'Discharge' means the release of any contaminant, wastes or other material or object, into the waters of the state that will alter the physical, chemical or biological properties of such waters.
(l) 'Effective date of the Act' means May 30, 1975.
(m) 'Emission' means a release into the outdoor atmosphere of odorous material, dust, fumes, mist, smoke, other particulate matter, vapor, gas or any combination of the foregoing, but shall not include steam or water vapor.
(n) 'Estimated construction costs' means the anticipated total costs and expenses attributable directly to the planning, design, erection and construction of the applicant's proposed facility. The estimate shall be based upon current cost projections within the possession of the applicant. Such costs and expenses shall include, but are not limited to, the following: costs of materials, supplies and equipment, including allocable construction equipment costs; labor and management personnel compensation and salaries; contract and subcontract fees; employee benefits; employment; sales and use taxes; per diem and subsistence allowances; and all other costs necessary and incident to the construction of the proposed facility. For purposes of estimating construction costs, the proposed facility shall be described and considered to include all units and components at the proposed site location, and which are or have been included in current plans for development of the proposed site. Exempt activities and site acquisition expenditures including the acquisition costs of mineral rights and interests are not to be included in the estimated construction cost.
(i) In computing an estimate pursuant to Section 2(n) above, the estimated costs for materials, supplies, equipment and allocable construction equipment shall include:
(A) The total costs of materials, supplies, and equipment incorporated into, or otherwise necessary to construct the facility;
(B) The total costs of equipment used in site preparation and construction, which is further required to place the proposed facility into operation; and
(C) The allocable costs of that equipment used in site preparation and construction of the proposed facility, but which is not retained on site, and is not required to place the proposed facility into operation.
(ii) The proposed facility's estimated construction cost shall include the costs of access roads including modifications and improvements to existing roadways when such modifications or improvements are necessitated by the proposed facility, the costs of any rail facilities constructed for the substantial use of the proposed facility, and costs of other dependent components.
(o) 'Household refuse' and/or 'industrial refuse' shall mean all liquid or solid waste generated by residential and/or industrial activities. This includes, but is not limited to, sludges and residues of treated wastes.
(p) 'Industrial facility' means any plant or facility and its dependent components that:
(i) Has an estimated cost that exceeds ninety-six million nine hundred thousand dollars ($96,900,000.00) as of May 30, 1987, adjusted by applicable cost indices as provided in W.S. 35-12-102(a)(vii);
(ii) And is designed for or capable of generating electricity; producing synthetic gas; producing liquid hydrocarbon products by any extraction process involving the direct or indirect conversion of coal, oil shale, or tar sands; commercial extraction (including in situ); mining; or the processing, handling, or manufacturing of raw materials, component materials, or finished products. Exempt activities are not to be included in the estimated construction cost of an industrial facility.
(q) 'Information applicant' means any person who intends to initiate a construction activity with an estimated construction cost of at least ninety-six million nine hundred thousand dollars ($96,900,000.00) adjusted by applicable cost indices as provided in W.S. 35-12-102(a)(vii), which construction activity also falls into any one of the following classifications:
(i) A non-mineral processing facility to be constructed in an industrial park existing on the effective date of the Act. Such industrial park must have been designated as such by the appropriate local government on, or prior to, the effective date of the Act.
(ii) A facility to be constructed and operated by a state or local governmental unit or agency.
(r) 'Local government' means any county, city, town, or school district, or any combination thereof as formed under the Wyoming Joint Powers Act.
(s) 'Office' means the state Office of Industrial Siting Administration.
(t) 'Oil and gas drilling facilities' are any and all activities in connection with or associated with drilling, testing, or completing oil and gas wells including well access roads and any electrical service, mobile and fixed equipment, and services used for drilling, completing, testing, maintaining and repairing oil or gas wells and related activities.
(u) 'Oil and gas producing facilities' are any and all activities necessary to extract oil or gas or both from a naturally occurring underground reservoir containing a common accumulation of oil or gas or both. Producing facilities include the oil or gas well downhole equipment, well heads, flow controls, and artificial lift equipment including compressors. Producing facilities also include those facilities used for pressure maintenance, enhanced recovery, or produced water disposal.
(v) 'Permit applicant' or 'applicant' means any person who applies for a permit to construct an industrial facility, as defined herein, in the State of Wyoming with respect to which the Industrial Siting Council must issue a permit prior to the commencement of any construction activities thereon, except as specifically allowed by W.S. 35-12-102(a)(iii).
(w) 'Permit' means the permit issued by the Council and required for the construction or operation of any industrial facility or facilities.
(x) 'Permit Termination' means cessation of a permit and all permit conditions, which was issued by the Council for the construction and operation of an industrial facility.
(y) 'Person' includes an individual, group, firm, partnership, corporation, cooperative, association or other entity excluding the federal, state, and local governments.
(z) 'Projection period' means the period of time over which projections of socioeconomic factors are made. The projection period shall not exceed five (5) years beyond the period during which stable operation of the industrial facility is achieved.
(aa) 'Reclamation' means the process of restoring all lands affected by the proposed industrial facility or its dependent components to a use for grazing, agriculture, recreational, wildlife purpose, or any other purpose of greater or equal value which satisfies the landowner or land management agency. The process may require removal of structures, backfilling, grading, contouring, compaction, stabilization, revegetation and drainage control.
(bb) 'Request for Waiver' means a request filed with the Council to waive all or a portion of the permit application requirements of the Act.
(cc) 'Site location' means the actual physical and geographical location of the proposed industrial facility and its dependent components.
(dd) 'Solid waste' means garbage and other discarded solid materials including solid waste materials resulting from industrial, commercial, and agricultural operations and from community activities.
(ee) 'Studies' shall include all social, economic or environmental reports, analyses, evaluations or compilations dealing with the impact of the industrial facility whether prepared by the applicant, the applicant's employees, or consultants retained by the applicant. Where such studies are part of a longer report or study, the applicant may sever such study from the larger document for purposes of submission to the Council.
(ff) 'Wellfield activity' means any and all activity directly associated with the development, operation, or abandonment of oil and gas drilling or producing facilities. Wellfield activity includes but is not limited to construction of flow lines, heaters, treaters, dehydrators, fluid separators and stabilizers. Storage tanks not within the definable boundaries of an industrial facility are wellfield activities.
(gg) 'Wyoming resident' means any person who has maintained continuous residency in Wyoming for at least twelve (12) months.
No person shall commence to construct an industrial facility unless an application has been filed in conformity with these rules and regulations and a permit has been issued by the Council.
(a) Any person who intends to initiate construction activity which may qualify as an industrial facility under the Act may submit to the Office an application for a Certificate of Insufficient Jurisdiction which shall state that the proposed construction activity does not qualify as an industrial facility under the Act, and that the Council lacks sufficient jurisdiction to require that an application for a permit be submitted.
(b) An application for a Certificate of Insufficient Jurisdiction shall contain the following information:
(i) A description of the proposed construction activity.
(ii) An estimated construction cost for the proposed construction activity that is in conformity with Section 2(n) of these regulations.
(c) When an application for a Certificate of Insufficient Jurisdiction is submitted to the Office, the Director shall within ten (10) days after the application is submitted:
(i) Serve notice of the application upon each local government that would be entitled to receive service of a copy of the application for a permit under W.S. 35-12-110(a)(i), as if the person submitting the application for a Certificate of Insufficient Jurisdiction was submitting an application for a permit.
(ii) Publish notice of such application for a Certificate of Insufficient Jurisdiction throughout the state for four (4) consecutive weeks in newspapers of general circulation.
(iii) Such notice shall state the following:
(A) A description of the construction activity proposed by the applicant for a Certificate of Insufficient Jurisdiction.
(B) The estimated construction cost of the construction activity proposed by the applicant for a Certificate of Insufficient Jurisdiction.
(C) A statement that any interested party, who would be a party in any permit proceeding with respect to the construction activity, may file objections to the issuance of a Certificate of Insufficient Jurisdiction within thirty (30) days after the last date of publication of notice.
(d) The Director shall present an application for a Certificate of Insufficient Jurisdiction at the next Council meeting after thirty (30) days has expired from the last date of publication of notice of application with his recommendation for issuance or denial. The Council shall thereupon, after consideration of the application and the objections thereto, either issue or deny the application for a Certificate of Insufficient Jurisdiction.
(e) The decision of the Council to issue a certificate shall be effective immediately.
Section 4. General Format of Application or Request for Waiver. 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 Office and Director to determine the number of copies of the application or request for waiver to be filed with the Office. The applicant shall file a minimum of forty (40) copies of the application with the Office. The applicant shall not be required to file more than seventy-five (75) copies of the application without prior approval of the Council. The number of copies of a request for waiver to be filed shall be determined by the Director, but the applicant shall not be required to file more than thirty (30) copies of the request for waiver without prior approval of the Council.
(b) The application or request for waiver shall be typed, printed, or otherwise legibly reproduced on 8 1/2-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 1/2-inch by 11-inch size. Maps, drawings, or charts may accompany an application as separate exhibits.
(c) Typed or off-set materials shall have a 1 1/2-inch left-bound margin and a 1-inch margin on all other sides.
(d) All pages in an application or request for waiver shall be consecutively numbered. Maps, drawings or charts accompanying the application or request for waiver as exhibits shall be identified as 'Exhibit _,' and if comprising more than one sheet shall be numbered 'Sheet _ of _.'
(e) 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 whoever of the following is applicable: a managing partner, the proprietor, a responsible executive officer, or designated manager. Furthermore, each application or request for waiver shall be considered to be continuing and the applicant is under a duty to immediately notify the Office and the Council of any changes of facts or applicable law materially affecting such application or request for waiver up to and including the date on which the permit or request for waiver is issued or denied. The applicant shall notify the Council immediately whenever it submits an application or receives a permit or approval subsequent to submitting an application under the Act which would require a material change in the design or location of the industrial facility. Such notification by the applicant may constitute a request for amendment pursuant to W.S. 35-12-106(c) and Section 12(a) of these rules if the Council determines that such differences materially change the nature, location or impact of the proposed industrial facility.
(f) An applicant who exercises the option under W.S. 35-12-109(a)(vi) to apply for a permit to construct a future addition or modification of a proposed industrial facility shall prepare that portion of the application or request for waiver for the future addition or modification as if the portion of the application or request for waiver dealing with the first phases of the proposed industrial facility received a permit as requested.
(g) As part of the application, the applicant shall submit an objective summary of the entire application, not to exceed thirty (30) pages in length. The summary shall be referenced to the full application for supporting data and analysis.
(h) Whenever these rules require information concerning the industrial facility to be submitted to the Council and the applicant is required to submit the same or similar information to another state, federal or local agency having jurisdiction, the applicant may submit such information to the Council in the same format that such information is or will be submitted to such other agency.
(i) Applicants may fulfill informational requirements of the regulations and the Act by describing the area of jurisdiction covered by other regulatory agencies in the state. This shall be accomplished by identifying the impact at issue and referencing statements of jurisdiction which address the impact, developed by other agencies and placed on file with the Industrial Siting Administration. Applicants are encouraged to participate in pre-application meetings with the Director to determine which informational requirements may be addressed by referencing statements of jurisdiction from other agencies.
Submitted. The request for waiver shall contain the following information with respect to both the construction period and online life of the proposed industrial facility and information as needed by the Council and local units of government for making an informed decision for granting or refusing the waiver request:
(a) The name and address of the applicant, and if the applicant is a partnership, association or corporation, the names and addresses of the managers designated by the applicant responsible for permitting or construction of the industrial facility;
(b) A description of the nature and location of the industrial facility;
(c) Estimated time of commencement of construction and construction time;
(d) Estimated number and job classifications by calendar quarter of employees of the applicant, or contractor or subcontractor of the applicant, during the construction phase and during the operating phase;
(e) Estimated population increases attributable to the industrial facility;
(f) Estimated additional revenue to local governments due to the industrial facility;
(g) Estimated construction cost of the industrial facility;
(h) A brief description of the methods and strategies the applicant will use to maximize the employment and utilization of the existing local or in-state contractors and labor force during the construction and operation of the industrial facility;
(i) Any other information the applicant considers relevant;
(j) The procedures proposed to avoid constituting a public nuisance, endangering the public health and safety, human or animal life, property, wildlife or plant life, or recreational facilities which may be adversely affected by the industrial facility;
(k) Preliminary evaluations of or plans and proposals for alleviating social, economic or environmental impacts upon local government or any special districts which may result from the proposed industrial facility, including voluntary company agreements with local governments.
(a) The Council shall grant a request for a waiver either as proposed or as modified by the Council if it finds and determines that:
(i) The industrial facility would not produce an unacceptable environmental, social and economic impact. 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. The terms 'environment', 'social condition', and 'economic condition' have the same meaning as attributed to them in Section 8 of these regulations, and include consideration of the health, safety, and welfare of the 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) The applicant has discussed the proposed industrial facility with all local governments potentially affected by the project; and
(iii) The proposed industrial facility is in compliance with all local ordinances and land use plans. A proposed industrial facility is designed in compliance with applicable local ordinances and regulations issued thereunder 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. A proposed industrial facility will be deemed compatible with applicable land use plans if the construction, presence and operation of the proposed industrial facility would be permitted under land use plans adopted and in effect on the date of submittal of the request for waiver.
(b) No request for a waiver shall be granted if two (2) or more local governments which will be affected are not satisfied that the industrial facility, considering the voluntary company agreements, represents an acceptable impact on the local governments.
(c) If the Council finds and determines that these criteria have been met, the Council may waive all of the application requirements of the Act, and shall issue a permit for the industrial facility in accordance with W.S. 35-12-113. If the Council is not able to find and determine that these requirements are met, the Council shall deny the request, and shall issue an order requiring that an application for a permit be filed pursuant to W.S. 35-12-109. If the Council decides to waive a part of the application requirements of the Act, it shall issue an order specifying the requirements which will not be required for an application filed pursuant to W.S. 35-12-109.
The application shall contain the following information with respect to both the construction period and on-line life of the proposed industrial facility:
(a) The application shall state the name, title, telephone number, and post office address of the person to whom communication in regards to the application shall be made.
(b) The application shall also state whether the applicant is a partnership, association or corporation, and the names and addresses of the managers designated by the applicant responsible for permitting, construction or operation of the industrial facility.
(c) The applicant shall state that, to its best knowledge and belief, the application is complete when filed and contains all the information required by W.S. 35-12-109 and these rules and regulations, except for any requirements specifically waived by the Council pursuant to W.S. 35-12-107.
(d) 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;
(ii) Other annotated maps or drawings considered by the applicant to be necessary to illustrate the nature of the proposed industrial facility and its site location; and
(iii) The area of land required by the industrial facility and a land ownership map covering all the components of the proposed industrial facility.
(e) A general description of the major components of the proposed industrial facility such as boilers, steam generators, turbine generators, cooling facilities, production equipment, and dependent components.
(f) A description of the operating nature of the proposed industrial facility, the expected source and quantity of its raw materials, and energy requirements. The description shall include, but is not limited to, the following:
(i) The proposed on-line life of the industrial facility and its projected operating capacity during its on-line life and, for transmission lines exceeding one hundred fifteen thousand (115,000) volts included as part of the proposed industrial facility, a projection indicating when such lines will become insufficient to meet the future demand and at what time a need will exist to construct additional transmission lines to meet such demands;
(ii) A study of materials (Materials Analysis) flowing into the industrial facility, including all materials such as water, coal, and chemical compounds that will be utilized by the proposed industrial facility reported in accordance with accepted scientific practices with respect to the consumption rate, their chemical composition, and their source and manner of retrieval (e.g., coal from stripping or underground mining); excluding proprietary information.
(g) An inventory of all the materials flowing out of the industrial facility. Such inventory shall include, but is not limited to:
(i) Products and by-products the industrial facility will generate, including the expected rate of production;
(ii) The discharges that the proposed industrial facility is anticipated to produce including physical, chemical, biological, and radiological characteristics;
(iii) The emissions that the proposed industrial facility is anticipated to produce and proposed methods of control;
(iv) The solid wastes that the proposed industrial facility is anticipated to produce and proposed disposal program.
(h) A statement specifying why the proposed location was selected.
(i) The estimated time of commencement of construction, the estimated construction time, and the total estimated construction cost of the industrial facility;
(i) A statement that shall be a reasonable estimate of the calendar quarter in which construction of the industrial facility will commence, contingent upon the following:
(A) The issuance of a permit by the Council after its hearing; and
(B) Securing final action on other requirements.
(ii) A statement that shall be a reasonable estimate of the maximum time period required for construction of the industrial facility and an estimate of when the physical components of the industrial facility will be ninety (90) percent complete, and the basis for that estimate.
(iii) An estimate of the construction cost of the proposed industrial facility analyzed by the time and general type of expenditures including the following:
(A) The total estimated cost of the industrial facility.
(B) An estimate of the cost of the industrial facility subject to sales and use tax. This estimate should include a breakdown by county if the components of the industrial facility will be located in more than one county.
(C) An estimate of the cost of components of the industrial facility which will be included in the assessed value of the industrial facility for purposes of ad valorem taxes. This estimate should include a breakdown by county if the components of the industrial facility will be located in more than one county.
(j) The estimated number and job classifications by calendar quarter of the employees of the applicant, its contractors, and subcontractors that will be involved during the construction phase of the industrial facility and, in a separate tabulation, the same data with respect to the operating life of the industrial facility. The estimate shall include the following factors:
(i) Seasonal fluctuations and the peak employment during both construction and operation;
(ii) Annual payroll;
(iii) Expected benefits, if any, to be provided including housing allowances, transportation allowances, and per diem allowances;
(iv) The number of employees who will be so utilized in the construction, maintenance or operation of the industrial facility, but who do not currently reside within the areas of site influence shall be estimated.
(k) A brief description of the methods and strategies the applicant will use to maximize utilization of existing local or in-state contractors and labor force and to maximize employment of Wyoming residents during construction and operation of the industrial facility.
(l) A list of all state and/or federal permits and approvals that the industrial facility will require.
(m) The applicant shall identify what it deems to be the site location, the areas of site influence, and the area(s) or local governments primarily affected by the proposed industrial facility as defined in Sections 2(b), (c), (y), respectively, of these regulations. The immediately adjoining area(s) and local governments shall also be identified with a statement of the reasons for their exclusion from the list of area(s) or local governments primarily affected by the proposed industrial facility. Such determinations by the applicant are not binding upon the Council. However, the Council recommends that each applicant, prior to submitting its application, confer with the Office and Director with regard to identifying such items. The Council shall consider the Director's recommendation, as agreed to by the applicant, with respect to what constitutes such items.
(n) An evaluation of the environment of the area(s) of site influence with respect to the items listed below. The items shall be inventoried and evaluated as they currently exist.
(i) Scenic resources, their location, extent, and significance to the area;
(ii) Archaeological and historical resources, their location, extent, significance, and whether or not they are registered or eligible to be registered on the National Register of Historic Places or the Wyoming Inventory of Historic Sites;
(iii) A description of relevant geologic conditions in the area of site influence.
(iv) Soil type and chemistry, slope, permeability, and depth at the site location.
(v) A general discussion of regional vegetation in the area of site influence and a vegetative analysis for the site location.
(vi) Regional climatic patterns and meteorology of the affected area.
(vii) Ambient noise levels and occupational noise exposure within the areas of site influence.
(viii) Species, populations, available habitat, migration routes, and summer and winter ranges of wildlife within the area of site influence. Particular reference should be made to species inhabiting or potentially inhabiting the affected area that are listed or proposed for listing as endangered or threatened species, or are species of State concern.
(ix) Hydrologic and water quality information on surface water resources potentially affected by the proposed industrial facility. Groundwater resources which may be directly or indirectly affected by the proposed industrial facility should be identified and described.
(x) An analysis of outdoor, resource-oriented recreational opportunities including locations and types of the recreational resources.
(xi) Land use patterns at the site location and areas of site influence.
(xii) Descriptions of any state or local land use plans that are adopted and in force on the date of application.
(o) An evaluation of the social and economic conditions in the area of site influence with respect to the items listed below. The items shall be inventoried and evaluated as they currently exist, and projected as they would exist in the future without the proposed industrial facility. Prior to submitting its application, each applicant shall confer with the Office and Director to define the projection period for socioeconomic factors.
(i) A study of the area economy including a description of methodology used. The study should include, but is not limited to, the following factors:
| (A) | Employment projections by major sector; |
|---|---|
| (B) | Economic bases and economic trends of the local economy; |
| (C) | Estimates of basic versus non-basic employment; |
| (D) | Unemployment rates: |
(ii) A study of the area population including a description of methodology used. The study should include, but is not limited to, an evaluation of demographic characteristics for the current population and projections of the area population without the proposed industrial facility;
(iii) A fiscal analysis over the projection period for all local governments and special districts identified by the applicant as primarily affected by the proposed industrial facility, including revenue structure, expenditure levels, mill levies, services provided through public financing, and the problems in providing public services;
(iv) An analysis of housing facilities by type, including a quantitative evaluation of the number of units in the area and a discussion of vacancy rates, costs, and rental rates of the units;
(v) An analysis of transportation facilities containing discussion of roads (surface, type, and mileage), and railroads (frequency of service, tonnage capacity, and mileage);
(vi) Capital facilities including a consideration of the following:
(A) Facilities required for the administrative functions of government;
(B) Sewer collection and treatment and water treatment and distribution facilities including capacity of these facilities, existing service levels, problems, needs, necessary improvements and necessary expansions, and the related improvement and expansion costs;
(C) Solid waste collection and disposal services and facilities, including capacity, existing service levels, problems, needs, necessary improvements and necessary expansions, and the related improvement and expansion costs;
(D) Storm water runoff collection systems;
(E) Water supply, including supply capacity, existing service levels, and specific problems and needs; and
(F) Existing library facilities; a description of problems, and needs;
(vii) Existing police and fire protection facilities and services including an analysis of the capacity to meet current demands and a description of problems, needs, and costs of increasing service levels;
(viii) An analysis of health and hospital care facilities and services;
(ix) Human service facilities, programs and personnel, including an analysis of the capacity to meet current demands and a description of problems, needs, and costs of increasing service levels;
(x) An analysis of user-oriented community recreational facilities and programs and urban outdoor recreational opportunities including descriptions of recreational resources, locations of the recreational resources, and the types of recreational resources;
(xi) Educational facilities, including an analysis based upon the following criteria:
(A) Ratio of students to instructors; (B) Enrollment per grade; (C) Average class size; (D) Physical facilities and their capacities; (E) Vocational and technical training programs; (F) Other relevant factors.
(p) An evaluation of the environmental impacts of the industrial facility with respect to the items listed below. The items shall be inventoried and evaluated as they would exist if the proposed industrial facility were built including preliminary plans and proposals for alleviating adverse impacts. Cumulative impacts of the proposed industrial facility and other projects in the area of site influence should be addressed separately.
(i) Scenic resources; (ii) Archaeological and historical resources; (iii) Geological conditions; (iv) Soils, including plans for stabilization of all disturbed areas to prevent erosion of soil; (v) Vegetation, including proposed seed mixes to be used in stabilization and reclamation of all disturbed areas and the appropriateness of seed mixes considering local native vegetation and probable future land uses; (vi) Air quality; (vii) Ambient noise levels and occupational noise exposure within the areas of site influence:
(viii) Species, populations, available habitat, migration routes, and summer and winter ranges of wildlife within the area of site influence. Effects of the proposed project on species inhabiting or potentially inhabiting the affected area that are listed or proposed for listing as endangered or threatened species, or are species of State concern should receive particular emphasis;
(ix) Effects on surface and ground water;
(x) Outdoor, resource-oriented recreational opportunities, including both population induced and industrial facility related effects;
(xi) Land use at the site location and areas of site influence, including whether or not the use of the land by the industrial facility is consistent with state, intrastate, regional, county and local land use plans, if any. The analysis shall include the following considerations:
(A) The area of land required and ultimate use of land by the industrial facility;
(B) Reclamation of all lands affected by the industrial facility or its dependent components.
(xii) A copy of any studies that may have been made of the environmental impacts of the industrial facility, including any water supply and water yield analysis prepared pursuant to W.S. 35-12-108.
(q) An evaluation of the social and economic impacts of the industrial facility over the same projection period used in the baseline case with respect to the items listed below. The items shall be inventoried and evaluated as they would exist if the proposed industrial facility were built including preliminary plans and proposals for alleviating adverse impacts. Problems due to the transition from temporary, construction employees to operating workforces should be addressed. Changes in levels of services required as a result of the proposed industrial facility should specifically be addressed. Cumulative impacts of the proposed industrial facility and other developments in the area of site influence should be addressed separately. This assessment should examine increased demands associated with the construction and operational phases of the proposed industrial facility, as well as effects on the level of services as the construction or operational workforces decline.
(i) Effects of the proposed industrial facility on the economy of the area, including, but not limited to, the following factors:
(A) Employment projections by major sector;
(B) Economic bases and economic trends of the local economy;
(C) Estimates of basic versus non-basic employment;
(D) Unemployment rates;
(E) Residency location of project employees:
(ii) An estimate of the area population including projections of demographic characteristics of the area population with the proposed industrial facility;
(iii) A fiscal impact analysis of the proposed industrial facility over the projection period for all local governments and special districts identified by the applicant as primarily affected by the proposed industrial facility, including:
(A) Revenue structures, expenditure levels, mill levies, services provided through public financing, and the problems in providing public services; and
(B) An estimate of the impact assistance payments available under W.S. 39-6-411(c) and W.S. 39-6-512(d) generated by the proposed industrial facility and suggested distribution formulas. This estimate should not include impact assistance payments generated by other facilities in the area of site influence.
(iv) An analysis of the demand for housing by type and geographic location, including a quantitative evaluation of the number of units in the area required by the construction and operation of the proposed industrial facility and a discussion of the effects of the proposed industrial facility on vacancy rates, costs, and rental rates of the units. Specific housing programs proposed by the applicant should be described in detail.
(v) An analysis of effects on transportation facilities including effects on service levels of roads, haul routes for materials and supplies, increased rail traffic at grade crossings, and intersection of new access roads with existing roads.
(vi) Capital facilities including a consideration of the following:
(A) Administrative facilities;
(B) Sewer collection and treatment and water treatment and distribution facilities including the capability of these facilities to meet projected service levels required due to the proposed industrial facility. Use of facilities by the proposed industrial facility should be assessed separately from population related increases in service levels;
(C) Solid waste collection and disposal facilities including the capability of these facilities to meet projected service levels required due to the proposed industrial facility. Use of facilities by the proposed industrial facility should be assessed separately from population related increases in service levels;
(D) Storm water runoff collection systems;
(E) Water supply; and
(F) Library facilities;
(vii) Police and fire protection services and facilities, including specific new demands or increases in service levels created by the proposed industrial facility;
(viii) Health and hospital care facilities, and auxiliary health services;
(ix) Human services;
(x) User-oriented community recreational facilities and urban outdoor recreational opportunities including any recreational programs or facilities proposed to be provided at temporary housing facilities constructed for the proposed industrial facility;
(xi) Educational facilities, including an assessment of the effect that the temporary population will have on programs and facilities;
(xii) A copy of any studies that may have been made of the social or economic impact of the industrial facility.
(r) The applicant shall specify the procedures proposed to avoid constituting a public nuisance, endangering the public health and safety, human or animal life, property, wildlife or plant life, or recreational facilities which may be adversely affected by the estimated emissions or discharges.
(s) A complete description of all impact controls and mitigating measures proposed by the applicant to alleviate adverse environmental, social and economic impacts associated with construction and operation of the proposed industrial facility.
(t) A complete description of monitoring programs to assess effects of the proposed industrial facility and the overall effectiveness of impact controls and mitigating actions.
(u) For transmission lines exceeding one hundred fifteen thousand (115,000) volts included as part of the industrial facility, the following information, in addition to any other requirements, shall be provided:
(i) A technical discussion of the proposed transmission lines which shall include drawings of preferred and alternative architectural designs for the electric transmission structures. It shall include, but is not limited to, engineering design specifications or criteria for each alternative routing considered as follows:
(A) Transmission system design;
(B) Reliability;
(C) Safety;
(D) Line design features;
(I) Towers and foundations:
| (II) | Conductors by material type, cross section, mid-span ground clearance, spacing between phases, etc.; |
|---|---|
| (III) | Static or lightning protection; |
| (IV) | Insulators; |
| (V) | Right-of-way requirements; |
| (VI) | Planned operational voltage and critical voltage; |
| (VII) | Electrical effects; |
| (1.) | Corona loss; |
| (2.) | Ozone generation; |
| (3.) | Electric power losses; |
(ii) The general construction plan and all of its components will be discussed for the proposed transmission lines and each alternative. Specific items to be discussed include, but are not limited to:
| (A) | Expected location of the construction workforce during the construction period; |
|---|---|
| (B) | General survey; |
| (I) | Right-of-way survey; |
| (II) | Plan and profile survey; |
| (C) | Tower spotting and staking; |
| (D) | Construction survey; |
| (E) | Clearing activities; |
| (F) | Road building activities and location; |
| (G) | Foundation installation activities; |
| (H) | Tower assembly and erection activities; |
| (I) | Conductor installation; |
| (J) | Cleanup including reclamation activities; |
(iii) The applicant will be required to demonstrate that a comprehensive corridor selection process was used. The applicant's work product in conducting this selection process shall be submitted with the application.
Section 8. Application information for commercial waste disposal facilities. 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 through 35-12-109 and Sections 4, 5, and 7 of these rules and regulations and the information required in subsections (a) through (h) of this section. Information required by this section may be provided in the format submitted to the Department of Environmental Quality, Solid Waste Management Program.
(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
(b) A description of the mode of transportation by which the wastes will be transported to the site; including access route specification, modification of existing traffic patterns, an estimate of the additional load and traffic placed on access routes, and the method of waste containment during transport. The applicant shall describe possible hazards associated with the transportation of wastes, safety precautions and emergency procedures should a transportation accident occur in route to the facility. If the wastes are to be temporarily stored, transferred, or handled during transport, the location of storage facilities or transfer stations shall be identified. For hazardous wastes, the applicant shall describe how the facility will comply with Department of Transportation and the Environmental Protection Agency manifest and transportation requirements of 49 CFR 271-279 and 40 CFR 263.
(c) A description of the effect the facility may have on local land use, and an estimate of the potential short and long-term effect on local property values and tax revenues, and an estimate of the adverse effect the proposed facility may have on local businesses and jobs.
(d) A description of the effect the facility will have on recreation, wildlife, and aesthetic values and methods proposed to mitigate such impacts.
(e) Specification of the types of wastes to be handled by the facility, an estimate of the average waste volume the facility will handle in tons per day and the maximum tonnage the facility will be capable of handling, as well as a general description of the disposal technology and waste recycling or treatment methods used by the facility or associated operations.
(f) A description of the recordkeeping procedures that will be maintained to assure accurate accounting and payment of the waste management surcharge. The applicant may also request that certain records be held as confidential in accordance with Section 14(b) of these regulations.
(g) Information on how the commercial waste disposal facility shall comply with all applicable local and state laws, including permit requirements of the Solid Waste Management Program of the Department of Environmental Quality.
(h) The applicant's assessment of impacts must include the impacts of required or proposed recycling operations resulting from the proposed facility.
Section 9. Decision of Council. 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 Council shall not consider the imposition of conditions which address impacts within the area of jurisdiction of any other regulatory agency in this state as described in the information provided in W.S. 35-12-110(b), unless the other regulatory agency requests that conditions be imposed. The Council may consider direct or cumulative impacts not within the area of jurisdiction of another regulatory agency in this state. The Council shall grant a permit either as proposed or as modified by the Council if it finds and determines that: (a) the proposed industrial facility complies with all applicable law; (b) the proposed industrial facility will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants in the affected area; (c) the industrial facility will not substantially impair the health, safety or welfare of the inhabitants.
(a) 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 with the Office. Therefore, the Council will examine the list of permits submitted under Section 7(l) of these regulations 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.
(b) 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 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) 'Environment' shall mean the physical conditions existing within the affected area, including, but not limited to, land, air, water, minerals, flora, wildlife, noise, and objects of historic, aesthetic, or recreational significance. In determining whether the proposed industrial facility poses a threat of serious injury to the environment, the Council may consider the proposed industrial facility's impacts upon, or interaction with, among others, the following factors:
(A) Historical background of the affected site, including points of cultural or historical significance;
(B) Archaeological sites and potential archaeological material;
| (C) | Local geology and topography, presence or aggravation of hazardous geologic conditions; |
|---|---|
| (D) | Soils and vegetation in the area including soil type, slope, permeability, and depth in the affected area; |
| (E) | Regional climatic patterns and meteorology of the affected area; |
| (F) | Ambient air quality; |
| (G) | Water resources in the affected area including surface runoff potential, flow data for streams and rivers, evaporation rates, groundwater table, and the quality, temperature, and sediment load of the water resources; |
| (H) | Wildlife: species, population, available habitat (particular reference should be made to any found species that are proposed or listed as threatened or endangered species or species of State concern), migration routes, and critical habitat including winter ad summer range; |
| (I) | Ambient noise levels and occupational noise exposure; |
| (J) | Land use of the actual industrial facility area in the affected area; |
| (K) | Surface and groundwater hydrology; |
| (L) | Outdoor resource-oriented recreation. |
| (ii) | '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.
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 the preceding services or facilities may be considered a serious injury.
(iii) 'Economic conditions' may include, but is not limited to, the following factors:
(A) Upgrading of jobs and increased income;
(B) Family and per capita income;
(C) Unemployment and underemployment rates within the area of site influence;
(D) Purchasing power of earnings within the area of site influence;
(E) Short-term and long-term fluctuations in resource consumption and resource availability;
(F) Employment dislocation and skill obsolescence;
(G) Employment opportunities;
(H) Diversity of economy and stability of various segments of the economy;
In determining whether the proposed industrial facility poses a threat of serious injury to the economic condition of the present or expected inhabitants, any net deterioration of a material nature in the condition of either present or expected inhabitants with respect to the above factors will be weighed negatively.
(c) Substantially impair the health, safety or welfare. The Council must find that the proposed industrial facility will not substantially impair the health, safety or welfare of the present or expected inhabitants of the areas of site influence. For purposes of this subsection, the following definitions control:
(i) Definitions.
(A) 'Health' shall mean the state of being sound in body or mind and includes psychological as well as physical well-being.
(B) 'Safety' shall mean freedom from fear of injury or threat of injury. Such injury or threat of injury may be premised on crime rates, traffic accident rates, dangers of industrial accidents or mishaps, or other similar considerations.
(C) 'Welfare' shall mean considerations of public convenience, public well-being and general prosperity.
The term also properly covers those subjects encompassed under health and safety.
(ii) A proposed industrial facility may be found to substantially impair the health, safety or welfare of the inhabitants if their health, safety or welfare during and after construction would be significantly diminished or weakened relative to present levels.
(d) If the Council is not able to find that these conditions are met, the Council shall deny the application.
(e) No permit shall be granted if the application is incomplete.
(f) If the Council determines that the location of all or part of the proposed industrial facility should be modified, it may condition its permit upon that modification, provided that the local governments, and persons residing therein, affected by the modification, have been given reasonable notice of the modification.
(g) If the Council decides to grant a permit for the industrial facility, it shall issue the permit embodying the terms and conditions in detail, including the time specified to commence construction, which time shall be determined by the Council's decision as to the reasonable capability of the local government, most substantially affected by the proposed industrial facility, to implement the necessary procedures to alleviate the impact.
(h) A permit may be issued conditioned upon the applicant furnishing a bond to the Office in an amount determined by the director from which local governments may recover expenditures in preparation for impact to be caused by an industrial facility if the permit holder does not complete the industrial facility proposed. The permit holder is not liable under the bond if the holder is prevented from completing the industrial facility proposed by circumstances beyond his control.
(i) A permit to construct shall expire if construction is not commenced within thirty-six (36) months after receipt of such a permit, or if construction is discontinued for a period of thirty-six (36) months or more. The Council may extend such time periods for good cause.
(j) Permit Term. During the application for a permit or permit waiver (W.S. 35-12-107 or 35-12-109), an applicant may request that the permit be issued for a term of less than the life of the facility, but not less than the construction phase(s).
(i) The Council may authorize a permit for a term less than the life of a facility if the applicant demonstrates that all of the following conditions exist:
(A) After the permit term (over the remaining life of the facility), no adverse environmental, social and economic impacts in the area of site influence may occur, which are not regulated by another State regulatory agency. The life of the facility includes cessation of operations, site clearance and site reclamation.
(B) There are no conditions or requirements of the pending permit that warrant the continuation of Council's jurisdiction for the remaining life of the facility.
(C) The permit term would not conflict with any statute or rule governing the facility, and would not conflict with the purposes of the Industrial Development Information and Siting Act.
(ii) The Council shall consider all objections from local government before granting a permit term request.
(a) Pursuant to W.S. 39-6-411(c) and W.S. 39-6-512(d), the Council shall, after consideration of all evidence and recommendations presented at the hearing held pursuant to W.S. 35-12-110, establish a ratio for distribution of impact assistance funds to the county and to the cities and towns therein for the county where the industrial facility is located and shall certify that ratio to the county treasurer who will thereafter distribute the impact assistance payments to the county and cities and towns therein pursuant to that ratio.
(i) The ratio of impacts shall be established in consideration of, but not limited to, the following factors:
(A) The residency pattern of the facility's direct and induced employment;
(B) The capital facility needs, social service needs, health care needs, transportation needs, recreational needs, and police and fire protection needs of the affected local governments; and
(C) The revenue structure, expenditure level, mill levies and financial capabilities of the affected local governments.
(ii) If impact assistance payments are already being distributed to an affected county pursuant to a ratio or otherwise, and another facility commences construction, the Council shall consider the effect of the following factors in establishing, modifying, adjusting or revising the ratio:
(A) The amount of impact assistance funds generated by each facility and the degree of impact in the county attributable to each facility; and
(B) 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.
(iii) Upon the certification of a ratio to the county treasurer, the impact assistance payments shall thereafter be distributed pursuant to that ratio.
(b) The Council may adjust, revise or modify a certified ratio during the construction of a facility. A governing body which is primarily affected by the facility, or any person issued a permit pursuant to W.S. 35-12-106, may petition the Council for review and adjustment of the distribution ratio upon a showing of good cause. The request shall be submitted to the Office of the Industrial Siting Administration.
(i) Upon receiving a request to modify a ratio, the Director shall:
(A) Serve a copy of the request to each entity of local government, applicant or permittee which may be affected within ten (10) days after the request is received.
(B) Request the affected local governments, applicants or permittees to submit to the Office all relevant studies, statements, reports, analyses, evaluations, compilations, or other written material which will enable the Council to determine whether the social and economic impacts have changed and establish a new ratio.
(C) Conduct such investigations, studies, reports and evaluation as may be necessary to prepare a recommendation on the request.
(ii) The Director shall present the request for impact assistance funds to the Council at the next regularly scheduled meeting occurring at least thirty (30) days after the Office received the request, with a recommendation. The Council may thereupon, after consideration of the materials submitted by the local governments, applicants, permittees and Director, determine that the social and economic impacts from construction of the facility have changed, and establish a new ratio as appropriate and necessary.
(c) For permits issued prior to February 13, 1985, the distribution formula shall be determined in accordance with the provisions described in W.S. 39-6-512(b)(iii) and W.S. 39-6411(b)(iii).
(d) The distribution formula for permits issued prior to February 13, 1985 may be adjusted by the Council if the permit is amended. Any adjustments made to the distribution formula for amended permits shall be in accordance with the criteria utilized by the Council for new permit applications as specified in these regulations.
(e) Pursuant to W.S. 39-6-411(c) and W.S. 39-6-512(b), the Council, upon request from the County Commissioners of an adjoining county, may determine that the social and economic impacts from construction of an industrial facility upon the adjoining county are significant and establish the ratio of impacts between the counties and certify that ratio to the state treasurer who will thereafter distribute impact assistance payments to the counties pursuant to that ratio or any revised, adjusted or modified ratio certified under these regulations.
(i) For the purpose of determining the resources available to mitigate impacts that may occur in an adjoining county as a result of the construction of an industrial facility, the Council may establish a preliminary ratio of impacts between counties at the time of the hearing on the permit application for an industrial facility. This preliminary ratio of impacts shall be used by the Council to determine the adequacy of proposed plans and measures for mitigating adverse impacts. The Council shall not certify a ratio of impact to the state treasurer until impacts in an adjoining county have occurred and a request has been submitted and a ratio of impacts established as required by subsections (b), (c), (d), and (e) of this Section.
(ii) The request from the county commissioners of the adjoining county for impact assistance funds shall be duly adopted by resolution and shall be submitted to the Office of the Industrial Siting Administration.
(iii) Upon receiving a request for impact assistance funds from an adjoining county, the Director shall:
(A) Serve a copy of the request to each entity of local government, applicant or permittee which may be affected within ten (10) days after the request is received.
(B) Request the affected local governments, applicants or permittees to submit to the Office all relevant studies, statements, reports, analyses, evaluation, compilations, or other written materials which will enable the Council to determine whether the social and economic impacts from construction of the industrial facility on the adjoining county are significant and to establish the ratio of impacts between the counties. Distribution formulas within each county shall be determined pursuant to Section 10(a) of this chapter.
(C) Conduct such investigation, studies, reports and evaluations as may be necessary to prepare a recommendation on the request.
(iv) The Director shall present the request for impact assistance funds to the Council at the next regularly scheduled meeting occurring at least thirty (30) days after the Office received the request, with a recommendation. The Council may thereupon, after consideration of the materials submitted by the local governments, applicants, permittees and Director, determine that the social and economic impacts from construction of the facility on the adjoining county are significant or take such other action as the Council deems appropriate and necessary.
(v) If the Council determines that the social and economic impacts from the construction of the industrial facility upon the adjoining county are significant, the Council shall establish the ratio of impacts between the counties and certify that ratio to the state treasurer who will thereafter distribute the impact assistance payments to the counties pursuant to that ratio. Distribution formulas within each county shall be determined pursuant to Section 10(a) of this chapter.
(A) The ratio of impacts and distribution formula shall be established in consideration of, but not limited to, the following factors:
(I) The residency pattern of the facility's direct and induced employment;
(II) The capital facility needs, social service needs, health care needs, transportation needs, recreational needs, and police and fire protection needs of the affected local governments; and
(III) The revenue structure, expenditure level, mill levies and financial capabilities of the affected local governments.
(B) If impact assistance payments are already being distributed to an affected county or counties pursuant to a ratio or otherwise, and another facility commences construction resulting in a request from the commissioners of an adjoining county pursuant to this section, the Council shall consider the effect of the following factors in establishing, modifying, adjusting or revising the ratio or distribution formula:
(I) The amount of impact assistance funds generated by each facility and the degree of impact in the county and adjoining counties 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.
(vi) Upon the certification of a ratio to the state treasurer, the impact assistance payments shall thereafter be distributed to the counties pursuant to that ratio. The Council may adjust, revise or modify a certified ratio during the construction of a facility, upon receiving a written request from an affected county, or any person issued a permit pursuant to W.S. 35-12-106, and a showing of good cause. The request shall be submitted to the Office of the Industrial Siting Administration and shall proceed in the manner set forth in Section 10(c) of these regulations.
(f) Upon establishing or modifying a distribution ratio pursuant to W.S. 39-6-411(c) and 39-6-512(d), the Council shall by order certify that ratio to the county treasurer of the affected counties.
(g) For the purposes of this Section of these regulations, the period of construction for a facility shall end when the physical components of the industrial facility are ninety (90) percent complete. The physical components of the industrial facility shall include all materials, supplies, and equipment included in the estimated construction cost of the facility pursuant to Section 2(n) of these regulations.
(a) The applicant, upon the filing of an application or a written request for a waiver of the application provisions, shall pay a fee to be determined by the Director, based upon the estimated cost of investigating, reviewing, processing, and serving notice of an application and holding a hearing in the case of a request for waiver. Unused fees shall be refunded to the applicant.
(b) No applicant shall pay more than the maximum applicable fee of one hundred thousand dollars ($100,000.00).
(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.
(b) For construction activities which are exempt from the permit requirements of the Act pursuant to W.S. 35-12-119(c), and which are associated with an industrial facility as defined by W.S. 35-12-102, the applicant shall provide the information required by W.S. 35-12-109(a)(iii), (iv), (v), and (viii) at the same time that the application for a permit for the industrial facility is filed.
(a) Upon application for a permit termination, the Council may authorize permit termination if the permittee demonstrates that all of the following conditions exist:
(i) The operation is in compliance with local ordinances and land use plans in force or adopted on or prior to the date of the application.
(ii) Termination of the permit will not cause or add to any adverse environmental, social and economic impacts in the area of site influence, which are not regulated by another State regulatory agency, during the remaining life of the facility. The remaining life of the facility includes cessation of operations, site clearance and site reclamation,
(iii) All construction phases of the facility have been completed and there are no conditions or requirements of the permit that warrant the continuation of the permit for the remaining life of the facility.
(iv) Permit termination would not conflict with any statute or rule governing the facility, and would not conflict with the purposes of the Industrial Development Information and Siting Act.
(b) The Council shall consider all objections from local governments before granting a permit termination.
(c) Within 14 days of receipt of a termination application the Director shall cause notice to be published in newspaper(s) of general circulation in the area of site influence stating the nature of the request. Written notice shall also be provided to local governments in the area of site influence. The notice shall describe the name and location of the operation and provide for a 30 day public comment period.
(d) Prior to granting a permit termination, the Council shall provide opportunity for a public hearing if requested, in accordance with Chapter II, Section 15 and 16 of these regulations. The Council shall render a decision within 90 days from the date the application is filed with the Department.
(e) The applicant shall pay an application fee as required by Section 11 of these regulations to cover the costs of processing the application.
(a) The Council may allow amendment of a permit application or request for waiver for good cause if the applicant demonstrates to the Council at its next meeting that the requested amendment is in compliance with local ordinances and land use plans in force or adopted on or prior to the date of the amendment and will not significantly add to adverse environmental, social and economic impact in the area of site influence.
An application or request for waiver shall be amended if the applicant makes a significant change to the scope, purpose, size, or scheduling of the project; or provides a significant new analysis of impacts not within the scope of supplemental submittals described below.
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 Office shall not be considered a permit application amendment.
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).
(b) The Council may allow the amendment of a permit for good cause. Such amendment of the permit may be granted only if the applicant demonstrates that the requested amendment is in compliance with local ordinances and land use plans in force or adopted on or prior to the date of the amendment and will not significantly add to adverse environmental, social and economic impact in the area of site influence.
Prior to granting such amendment, the Council shall hold a hearing in the same manner as a hearing for the initial application if, in the Council's opinion, the change in the industrial facility would:
(i) Significantly increase any proposed environmental, social, or economic impact of the industrial facilities; or (ii) Result in a material change in site location.
(c) With respect to commercial waste disposal facilities, any major changes in the type or volume of wastes received, size of the facility, changes in transportation methods or routes for waste delivery, or changes in recycling, reuse, or treatment shall require notice and prior approval from the Director. If the Director determines that these changes may result in additional adverse impacts that were not previously reviewed by the Council, the Permittee shall submit a permit amendment in accordance with the requirements of this section.
(a) Each permittee of a commercial waste 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 recycled wastes sold or removed from the site or treated hazardous waste, whichever is applicable.
(b) In accordance with W.S. 16-4-203(d)(v), records supplied for purposes of verifying the surcharge payment shall be public record unless the permittee can demonstrate to the Council, at the time of permitting, that the information consists of trade secrets, privileged information, or confidential commercial information. In such case, the permittee shall stamp as 'confidential' each page containing privileged information.
(c) Waste receipt and surcharge reporting shall be on a quarterly basis through the use of monthly recapitulation sheets of the daily records.
(d) In accordance with W.S. 35-12-113(g), the permittee shall remit the surcharge no later than the last day of the second month following the end of the quarter. Failure to remit the full payment as required by this section may constitute grounds for permit revocation in accordance with W.S. 35-12-116, after notice and reasonable opportunity to correct the failure.
(e) Upon a 14 day advance notice, the permittee shall allow audits by the Office, or its auditors. The permittee shall provide the Office access to all records and provide the copying of all records dealing with compliance of the permit requirements and payment of the waste management surcharge.
(f) Without advance notice, the Office or its designated agent may inspect manifests for shipments to determine accuracy of recordkeeping and weight scales.
(g) For audit purposes, all records required by this section will be maintained a minimum of five years.
(h) All measuring devices utilized to determine the surcharge payment shall be certified by the Wyoming Department of Agriculture in accordance with W.S. 40-10-101 through 40-10-116 and inspected and recertified annually.
(j) The waste management surcharge rate shall be a minimum of $10 per short ton for non-hazardous wastes received and $25 per short ton for hazardous waste. The Council may impose a higher rate at the time of permitting or annually thereafter. The rate may also be lowered as long as the surcharge remains at or above the minimum set in W.S. 35-12113(g). The Council shall consider any of the following criteria as a basis for adjusting the surcharge rate:
(i) National or regional cost escalation for waste disposal;
(ii) Level of short and long-term liabilities and risk to public health, safety and welfare;
(iii) Encouragement of the use and demonstration of new and advanced technologies which benefit the community and state;
(iv) Economic benefits accruing to the local community from the facility, including but not limited to, voluntary mitigation measures, employment opportunities, and importance to the economic stability; or
(v) Utilization of waste reduction, recycling and treatment practices at the origin of the wastes.
(k) The Council shall authorize a reduction in the waste management surcharge rate to encourage recycling, reuse, or treatment of hazardous wastes in accordance with W.S. 35-12-113(g). To obtain the credit, the permittee must provide for removal and recovery of useful components of the waste stream above the minimum required by W.S. 35-11-508(a)(iii). For hazardous wastes, the treatment process shall reduce the hazards and long-term risks from the wastes above the minimum treatment processes required by rules promulgated under the Environmental Quality Act. The Council may authorize a credit at, or greater than, the minimum of W.S. 35-12-113(g) if the Council finds:
(i) Economic viability - where the permittee can demonstrate a recycling or treatment technology or method which would not be economically viable through costs in excess of the minimum credit, the Council may grant a higher credit to promote the technology or method, if the Council determines the recycling or treatment technology or method beneficial to the State.
(ii) Economic development - the credit may be increased to broaden the local economic base in the form of a subsidy to develop local recycling, reuse, or treatment enterprises. This subsidy may only be approved to increase business profitability in the growth years of the enterprise.
(l) Upon submittal of a permit application, request for waiver, or annually after permit approval, the Director may require the Permittee to provide cost data so that the Office may evaluate the merits of a surcharge rate adjustment. The information requested may include, but is not limited to:
(i) Breakdown of operation costs.
(ii) Breakdown of construction costs.
(iii) Breakdown of transportation costs.
(iv) Current tipping charges.
Section 16. Date of Application. When the application is filed, the Office shall provide the applicant with a written receipt for the application which shall stipulate the application has been filed on that date.
Section 17. Severability. If any provision of these rules or the application thereof to any person or circumstances 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 declared to be severable.