020-1 Wyo. Code R. §§ 1-11 - Decision of Council
(a) The Council
shall either grant or deny the application as filed, or grant it upon terms,
conditions or modifications of the construction, operation or maintenance of
the industrial facility as the Council deems appropriate. The Decision of the
Council shall be written and shall be effective the date it is signed by the
chair of the Council.
(b)
Compliance with all applicable law. The Council must find that the proposed
industrial facility will comply with all applicable local, state, and federal
law throughout each phase of planning, construction, and operation. The local
and state laws that must be complied with for purposes of this subsection
consist of those laws which were in force on the date of application. In many
cases, required permits and approvals may not be applied for until subsequent
to the filing of the application. Therefore, the Council will examine the list
of permits that regulate other aspects of the facility development for the
purpose of determining whether the proposed industrial facility would be in
compliance with all applicable laws if the permits and approvals specified
therein were issued as expected.
(c) Threat of serious injury. In order to
find that the industrial facility does not pose a threat of serious injury, the
Council must find that the granting of a permit, as conditioned by the Council,
will not result in a significant detriment to, or significant impairment of,
the environment or the social and economic condition of present or expected
inhabitants.
(i) In determining whether the
proposed industrial facility poses a threat of serious injury to the social
condition of the inhabitants, any significant decrease in the quality or
quantity of services or facilities may be considered a serious injury. "Social
condition" shall include, but is not limited to, the following factors:
(A) Water treatment;
(B) Sanitary waste disposal;
(C) Solid waste collection;
(D) Housing;
(E) Police and fire protection;
(F) Medical facilities;
(G) Schools;
(H) Recreational facilities;
(I) Transportation systems;
(J) Mental health facilities;
(K) Social service facilities.
(ii) 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 will
be weighed negatively. "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.
(d) 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. 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.
(e) If the Council is not
able to find that these conditions are met, the Council shall deny the
application.
(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. If the construction of the
facility fails to follow the schedule used by the Council to make its decision,
the Council may require an amendment to the permit in accordance with
W.S.
35-12-106(c) and
(d).
(h) Unless the Council extends the permit as
provided in subsection (i) of this section a permit to construct shall expire
for any of the following conditions:
(i)
Construction has not commenced within thirty-six (36) months after the date of
the Decision of the Council;
(ii)
If commenced construction has discontinued before the completion of the
described project for a period of twelve (12) consecutive months, provided that
the discontinuance is not in an approved schedule or for approved
phases.
(i) The Council
may extend the time periods of paragraphs (h)(i) and (h)(ii) above for good
cause provided that the facility requests an extension in a timely manner
accompanied by an update to the Application including the following:
(i) The construction schedule;
(ii) The estimated start of commercial
operation;
(iii) Socio-economic
baseline; and
(iv) Updates to those
sections of the Application as defined by the Administrator where material
changes are expected to occur.
(j) Permit Term. During the application for a
permit or permit waiver, 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). 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:
(i) 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.
(ii) 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.
(iii) 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.
(A) The Council shall consider all objections
from local government before granting a permit term request.
(k) Local governments
may make a request for a bond pursuant to W. S.
35-12-113(e), such requests
must:
(i) Be provided to the Director and
parties three weeks prior to the date of the hearing of the permit application
by the Council;
(ii) Justify the
need for the bond;
(iii) Describe
the purpose and use of the bond;
(iv) Justify the amount of the
bond;
(v) Recommend a mechanism to
determine when and if the bond should be released; and
(vi) Recommend a mechanism to determine when
and if the bond should be surrendered to the State of Wyoming. The Director
shall make a recommendation on any such bond request to the Council prior to
the hearing of the Council. Such recommendation shall be provided to the
parties to the hearing.
Notes
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