§ 35-12-109 — Application for permit; form; fee; financial accounting

Wyoming § 35-12-109

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 12: INDUSTRIAL DEVELOPMENT AND SITING

Text

(a) An application for a permit 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, construction or operation of the
facility;
(ii) The applicant shall state that to its best
knowledge and belief the application is complete when filed and
includes all the information required by W.S. 35-12-109 and the
rules and regulations, except for any requirements specifically
waived by the council pursuant to W.S. 35-12-107;
(iii) A description of the nature and location of the
facility;
(iv) Estimated time of commencement of construction
and construction time;
(v) 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 life of the facility. 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;
(vi) Future additions and modifications to the
facility which the applicant may wish to be approved in the
permit;
(vii) A statement of why the proposed location was
selected;
(viii) A copy of any studies which may have been made
of the environmental impact of the facility;
(ix) Inventory of estimated discharges including
physical, chemical, biological and radiological characteristics;
(x) Inventory of estimated emissions and proposed
methods of control;
(xi) Inventory of estimated solid wastes and proposed
disposal program;
(xii) 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;
(xiii) An evaluation of potential impacts together
with any plans and proposals for alleviating social and economic
impacts upon local governments or special districts and
alleviating environmental impacts which may result from the
proposed facility. The evaluations, plans and proposals shall
cover the following:
(A) Scenic resources;
(B) Recreational resources;
(C) Archaeological and historical resources;
(D) Land use patterns;
(E) Economic base;
(F) Housing;
(G) Transportation;
(H) Sewer and water facilities;
(J) Solid waste facilities;
(K) Police and fire facilities;
(M) Educational facilities;
(N) Health and hospital facilities;
(O) Water supply;
(P) Other relevant areas;
(Q) Agriculture;
(R) Terrestrial and aquatic wildlife;
(S) Threatened, endangered and rare species and
other species of concern identified in the state wildlife action
plan as prepared by the Wyoming game and fish department.
(xiv) Estimated construction cost of the facility;
(xv) What other local, state or federal permits and
approvals are required;
(xvi) Compatibility of the facility with state or
local land use plans, if any;
(xvii) Any other information the applicant considers
relevant or required by council rule or regulation;
(xviii) A description of the methods and strategies
the applicant will use to maximize employment and utilization of
the existing local or in-state contractors and labor force
during the construction and operation of the facility;
(xix) Certification that the governing bodies of all
local governments which will be primarily affected by the
proposed facility 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;
(xx) 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);
(xxi) 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;
(xxii) 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.
(b) At the time of filing an application or a written
request for a waiver of the application provisions of this
chapter as provided in W.S. 35-12-107, or as subsequently
required by the director, an applicant 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, holding a hearing in case of a request for waiver,
inspection and compliance activities and processing application
update requests. The fee shall be credited to a separate account
and shall be used by the division as required to investigate,
review, process and serve notice of the application, to hold a
hearing in case of a request for waiver and to pay the
reasonable costs of any meeting or hearing associated with
permit compliance. Unused fees shall be refunded to the
applicant. The maximum fee chargeable shall not exceed one-half
of one percent (0.5%) of the estimated construction cost of the
facility or one hundred thousand dollars ($100,000.00),
whichever is less.
(c) The director shall provide the applicant with a full
financial accounting, including but not limited to all
materials, labor and overhead costs relating to the expenditures
of the fee at the time of the council's decision as provided in
W.S. 35-12-113 or at the completion of construction, whichever
occurs later.
(d) At any time after the fee required by subsection (b)
of this section has been exhausted or refunded and in addition
to the fee imposed under subsection (b) of this section, the
applicant may be required to pay a fee, as determined by the
director, for the costs of any meeting or hearing associated
with permit compliance. The director shall provide the
applicant with a full financial accounting for the expenditure
of the fee, including but not limited to all materials, labor
and overhead costs, at the conclusion of the council meeting or
hearing.