020-1 Wyo. Code R. §§ 1-14 - Permit Transfers and Terminations
(a) The
Administrator may recommend corrections to the name of the permit holder to the
Council.
(b) The Council may
authorize transfers of permits to a different person buying the assets of the
permitted facility if:
(i) The matter is
initiated by a written request from the current permit holder and accompanied
by a written acceptance of the permit, its terms and conditions by the
prospective buyer.
(ii) The matter
is heard by the Council at its next meeting after notice is published and
parties are notified.
(iii)
Appropriate officers of the current permit holder and the acquiring company are
present for examination by the Council.
(c) Petition by a Permittee for termination
of the permit.
(i) Upon application for a
permit termination, the Council may authorize permit termination if the
Permittee demonstrates that all of the following conditions exist:
(A) 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.
(B) 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.
(C) 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.
(D) Permit termination would not conflict
with any statute or rule governing the facility, and would not conflict with
the purposes of Act.
(ii) The Council shall consider all
objections from local governments before granting a permit
termination.
(iii) Within fourteen
(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
primarily affected 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 thirty
(30) day public comment period.
(iv) Prior to granting a permit termination,
the Council shall provide opportunity for a public hearing if requested, in
accordance with Chapter II, Section
13 and 14 of these regulations. The Council
shall render a decision within ninety (90) days from the date the application
is filed with the Department.
(v)
The applicant shall pay an application fee to cover the costs of processing the
application, inspecting, and for compliance activities. The amount shall be
calculated by the Director.
Notes
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