Title 35 — Title 35 — Public Health And Safety

Short title. This chapter is the "Industrial Development Information and Siting Act".

(a) Definitions. As used in this chapter: (i) "Advisory member" means an advisory member of the council provided by W.S. 35-12-104(f); (ii) "Applicant" means any person who applies for a permit pursuant to this chapter; (iii) "Commence to construct" means: (A) Any clearing of lan…

Creation of industrial siting division. There is created within the department of environmental quality the industrial siting division.

Industrial siting council created; composition; terms; removal; compensation. (a) There is created the industrial siting council consisting of seven (7) members who are residents of Wyoming. (b) The terms of council members shall be six (6) years, except that on the initial appoi…

Appointment and duties of administrator; staff; rules and regulations. (a) The director shall appoint an administrator of the division who shall serve at the director's pleasure as the executive and administrative head of the division. The administrator is responsible to and unde…

Permit from council required before commencing construction of facility; electronic permitting; amendments; exceptions; federal requirements. (a) No person shall commence to construct a facility, as defined in this chapter, in this state without first obtaining a permit for that …

[Repealed or reserved.]

Quantity of water available; analysis; public comment; opinions. (a) If an applicant applies for an industrial siting permit, pursuant to W.S. 35-12-106, or for a waiver of the application provisions, pursuant to W.S. 35-12-107, for a facility which requires the use of eight hund…

accounting. Application for permit; form; fee; financial (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…

Service of notice of application; information and recommendations; application deficiencies; procedure; jurisdiction; hearing. (a) Not more than ten (10) days following receipt of an application for a permit, the director shall: (i) Serve an electronic or physical copy of the app…

to participate. (a) Parties to permit proceeding; waiver by failure The parties to a permit proceeding include: (i) The applicant; (ii) Each local government entitled to receive a copy of the application under W.S. 35-12-110(a)(i); (iii) Any person residing in a local government …

Record of hearing; procedure. Any studies, investigations, reports or other documentary evidence, including those prepared by the division, which any party wishes the council to consider or which the council itself expects to utilize or rely upon, shall be made a part of the reco…

Decision of council; findings necessary for permit conditions imposed; service of decision on parties; waste management surcharge. (a) Within forty-five (45) days from the date of completion of the hearing the council shall make complete findings, issue an opinion and render a de…

Review of grant or denial of permit. (a) Any party as defined in W.S. 35-12-111 aggrieved by the final decision of the council on an application for a permit may obtain judicial review by the filing of a petition in any state district court in which the major portion of the propo…

Additional requirements by other governmental agencies not permitted after issuance of permit; exceptions. (a) Notwithstanding any other provision of law, no state, intrastate regional agency or local government may require any approval, consent, permit, certificate or other cond…

(a) Revocation or suspension of permit. A permit may be revoked or suspended for: (i) Any material false statement in the application or in accompanying statements or studies required of the applicant, if a true statement would have warranted the council's refusal to grant a perm…

Monitoring of facilities. (a) Except as provided in subsection (b) of this section, the council and the division, utilizing to the fullest extent possible the staff and resources of all state agencies, boards and commissions, has continuing authority and responsibility for: (i) M…

Penalties for violations; civil action by attorney general. (a) No person shall: (i) Commence to construct a facility after the effective date of this chapter without first obtaining a permit required under this chapter; (ii) Construct, operate or maintain a facility, after havin…

Exemptions; information required. (a) Nonmineral processing facilities to be constructed in existing industrial parks, as designated by local governments, and industrial sovereign zones established under W.S. 9-20-202 are exempt from payment of fees and certification procedures b…