§ 35-12-107 — Request for waiver of permit application; form

(a) Any person proposing to construct an industrial
facility may submit a written request for a waiver of the
application provisions of this chapter.
(b) A request for a waiver shall be filed with the
division, in a form as prescribed by council rules and
regulations, and shall contain the following information:
(i) 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 facility;
(ii) A description of the nature and location of the
facility;
(iii) Estimated time of commencement of construction
and construction time;
(iv) 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;
(v) Estimated population increases attributable to
the facility;
(vi) Estimated additional revenue to local
governments due to the facility;
(vii) Estimated construction cost of the facility;
(viii) A 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
facility;
(ix) Any other information the applicant considers
relevant or required by council rule or regulation;
(x) 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
facility;
(xi) 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 facility, including voluntary company
agreements with local governments;
(xii) Certification that the governing bodies of all
local governments within the potentially impacted area were
provided notification, a description of the proposed project and
an opportunity to ask the applicant questions at least thirty
(30) days prior to submission of the application;
(xiii) For facilities permitted pursuant to W.S. 35-
12-102(a)(vii)(E), (F) or (G), a site reclamation and
decommissioning plan, which shall be updated every five (5)
years and a description of a financial assurance plan which will
assure that all facilities will be properly reclaimed and
decommissioned. All such plans, unless otherwise exempt, shall
demonstrate compliance with any rules or regulations adopted by
the council pursuant to W.S. 35-12-105(d) and (e);
(xiv) Information demonstrating the applicant's
financial capability to decommission and reclaim the facility.
For facilities meeting the definition of W.S. 35-12-
102(a)(vii)(E) or (G) the information shall also demonstrate the
applicant's financial capability to construct, maintain and
operate the facility;
(xv) For proposed facilities meeting the requirements
of W.S. 35-12-102(a)(vii)(E), (F) or (G), a list of all affected
landowners with an address at which each affected landowner can
be given the notices required by this act.
(c) Not more than seven (7) days following receipt of a
request for a waiver, the director shall:
(i) Serve notice of the request upon the governing
bodie11 528s of local governments which will be primarily
affected by the proposed facility and, for proposed facilities
‑
meeting the requirements of W.S. 35-12-102(a)(vii)(E), (F) or
(G), upon affected landowners;
(ii) Cause a summary of the request to be published
in one (1) or more newspapers of general circulation within the
area to be primarily affected by the proposed facility;
(iii) File a copy of the request with the county
clerk of the county or counties in which the proposed facility
will be constructed or which will be affected by the
construction;
(iv) Serve notice of the request upon each tribal
government located within the same or adjacent county to where
the industrial facility will be located.
(d) Not more than fourteen (14) days following receipt of
a request, the director shall:
(i) Schedule and conduct a public meeting;
(ii) Notify the applicant, tribal governments, if
applicable, and local governments of the meeting and, for
proposed facilities meeting the requirements of W.S. 35-12-
102(a)(vii)(E), (F) or (G), notify affected landowners;
(iii) Cause notice of the meeting to be published in
one (1) or more newspapers of general circulation within the
area to be primarily affected by the proposed facility; and
(iv) Hold the meeting at a community as close as
practicable to the proposed facility.
(e) At the public meeting, the applicant shall present
such information as necessary to describe the proposed facility
and its estimated impacts upon local units of government.
(f) Within fourteen (14) days of the public meeting, the
applicant shall meet with the director and each local government
affected by the proposed facility to determine the mitigation
required to minimize any adverse impacts resulting from the
proposed facility.
(g) Not more than fifty (50) days following receipt of a
request, the director shall:
(i) Schedule and conduct a public hearing;
(ii) Notify the applicant, tribal governments, if
applicable, and local governments of the hearing and, for
proposed facilities meeting the requirements of W.S. 35-12-
102(a)(vii)(E), (F) or (G), notify affected landowners;
(iii) Cause notice of the hearing to be published in
one (1) or more newspapers of general circulation within the
area to be primarily affected by the proposed facility; and
(iv) Hold the hearing at a community as close as
practicable to the proposed facility.
(h) The applicant shall present any evidence necessary to
demonstrate to the council:
(i) That the facility would not produce an
unacceptable environmental, social or economic impact;
(ii) That the applicant has reached agreement with
local governments affected by the facility on the mitigation
required to alleviate adverse effects resulting from the
facility; and
(iii) That the applicant has financial resources to
decommission and reclaim the facility. For facilities meeting
the definition of W.S. 35-12-102(a)(vii)(E) or (G) the evidence
shall also demonstrate the applicant's financial capability to
construct, maintain and operate the facility.
(j) Within ten (10) days from the date of completion of
the hearing the council shall make complete findings, issue an
opinion and render a decision upon the record, either granting
or denying the request for a waiver. 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 facility would not produce an unacceptable
environmental, social and economic impact;
(ii) The applicant has discussed the proposed
facility with all local governments potentially affected by the
project;
(iii) The proposed facility is in compliance with all
local ordinances and land use plans; and
(iv) The applicant has financial resources to
decommission and reclaim the facility. For facilities meeting
the definition of W.S. 35-12-102(a)(vii)(E) or (G) the council
shall also be required to find the applicant has financial
resources to construct, maintain and operate the facility.
(k) No request for a waiver shall be granted if two (2) or
more local governments which will be affected are not satisfied
that the facility, considering the voluntary company agreements,
represents an acceptable impact on the local governments.
(m) If the council decides to waive all of the application
requirements of this chapter, it shall issue a permit for the
facility in accordance with W.S. 35-12-113. If the council
decides to waive a part of the application requirements of this
chapter, it shall issue an order specifying the requirements
which will not be required for an application filed pursuant to
W.S. 35-12-109.