§ 35-11-601 — Applications; authority to grant; hearing; limitations; renewals; judicial review; emergencies

(a) Any person who owns or is in control of any real or
personal property, any plant, building, structure, process or
equipment may apply to the administrator of the appropriate
division for a variance from any rule, regulation, standard or
permit promulgated under this act. A variance may be granted
upon notice and hearing. The administrator shall give public
notice of the request for a variance in the county in which such
real or personal property, plant, building, structure, process
or equipment is in existence for which the variance is sought.
The notice shall designate who has applied for the variance and
the nature of the variance requested and the time and place of
hearing and shall be published in a newspaper of general
circulation in said county once a week for four (4) consecutive
weeks prior to the date of the hearing. The cost of publication
shall be paid by the person applying for the variance. The
administrator of the division shall promptly investigate the
request, consider the views of the persons who may be affected
by the grant of the variance, and all facts bearing on the
request, and make a decision with the approval of the director
within sixty (60) days from the date the hearing for a variance
is held.
(b) If the variance is granted on the ground that there is
no practicable means known or available for the adequate
prevention, abatement or control of the pollution, or mining
operation involved, it shall continue in effect only until the
necessary means for prevention, abatement or control become
known and available, and subject to the taking of any substitute
or alternate measures that the director may prescribe.
(c) If the variance is granted on the ground that
compliance with the particular requirement or requirements from
which variance is sought will necessitate the taking of measures
which, because of their extent or cost, must be spread over a
considerable period of time, it shall be for a period not to
exceed such reasonable time as, in the view of the director is
requisite for the taking of the necessary measures. A variance
granted on the ground specified herein shall contain a timetable
for the taking of action in an expeditious manner and shall be
conditioned on adherence to such timetable.
(d) A variance may be granted by the council from
standards established by the council for sulfur oxide emissions,
if the council determines that the state of the technology for
removal of sulfur oxides from the stack gasses is insufficiently
advanced to achieve the objective level without causing undue
economic hardship on the owner of the facility or the consumer
of the product produced by the facility or if the council
determines that the developing technology offers promise that
superior equipment might, in the near future, be available which
would render presently available equipment obsolete and that the
best interests of the state would be served by the issuance of
the variance. In considering such a variance, the council must
consider the health and well being of the citizens in the
vicinity of the facility and the effect upon livestock and
agricultural production in the area. In no event shall the
variance permit emissions less stringent than existing federal
standards covering the emission of sulfur oxides. Each
application for a variance will be issued on a case by case
basis considering the state of the technology at the time of
each application.
(e) If the variance is granted on the ground that it is
justified to relieve or prevent hardship of a kind other than
that provided for in subsections (b), (c) and (d) of this
section, it shall be for not more than one (1) year.
(f) Any variance granted pursuant to this section may be
renewed on terms and conditions and for periods which would be
appropriate on initial granting of a variance. If complaint by
an aggrieved party is made to the director on account of the
variance, no renewal thereof shall be granted, unless following
public hearing on the complaint on due notice, the council finds
that renewal is justified. No renewal shall be granted except on
application therefor. Any such application shall be made at
least sixty (60) days prior to the expiration of the variance.
(g) Any variance or renewal thereof granted by the
director pursuant to this section shall become final unless
within thirty (30) days after date of notice as provided in
subsection (a) of this section an aggrieved party as defined by
this act in writing may request a hearing before the council.
Upon the filing of such a request for a hearing, the variance
shall be stayed pending the council's final determination
thereon.
(h) If, after a hearing held pursuant to this section, the
council finds that a variance is required, it shall affirm or
modify the order previously issued by the director or issue an
appropriate order for variance as it deems necessary. If, after
a hearing held pursuant to this section, the council finds that
there is no need for a variance, it shall rescind the issuance
of a variance.
(j) In connection with any hearing held pursuant to this
section, the council has the power and upon application by any
aggrieved party, it has the duty to compel the attendance of
witnesses, and the production of evidence on behalf of all
parties.
(k) Any aggrieved party adversely affected by a variance
or renewal of same or the denial of same may obtain judicial
review thereof in the manner prescribed by the Wyoming
Administrative Procedure Act.
(m) Failure to comply with the conditions imposed by any
variance shall be cause for modification or termination of the
variance by the director.
(n) Nothing in this section and no variance or renewal
granted pursuant hereto shall be construed to prevent or limit
the application of the emergency provisions and procedures of
W.S. 35-11-115 to any person or property.
(o) Nothing in this section shall be construed to permit
an application for a water variance. The application for water
permits must be made solely under the provisions of W.S.