Statutes, codes, and regulations
Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. ofSubagency 0004 - Industrial Siting Council
Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS
Section 1-7 - Request for Waiver

020-1 Wyo. Code R. § 1-7

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Current through April 27, 2019
Section 1-7 - Request for Waiver

(a) The request for waiver shall contain the information required by the Act with respect to both the construction period and on-line life of the proposed industrial facility and any additional information the applicant considers relevant to the needs of the Council and local units of government for making an informed decision for granting or refusing the waiver request. The waiver application shall follow the same format as the application contents described in Section 8, less those parts identified as not necessary by the Administrator.

(b) The Council shall grant a request for a waiver either as proposed or as modified by the Council as provided by the act and considering the following:

  • (i) In order to find that the industrial facility would not produce an unacceptable impact, the Council must find that the granting of a waiver 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. If applicable, the Council may consider direct or cumulative impacts not within the area of jurisdiction of another regulatory agency in this state.
  • (ii) A proposed industrial facility is considered to be designed in compliance with applicable local ordinances, regulations and compatible with land use plans if it meets applicable requirements relative to zoning laws, building codes, health and safety laws, and other laws of a similar nature in force on the date of submittal of the request for waiver.

(c) If the Council finds that the considerations of subsection (b) above have been met, the Council may waive all of the application requirements of the Act, and shall issue a permit for the industrial facility in accordance with W.S. 35-12-113. If the Council is not able to find that these requirements are met, the Council may deny the request, and issue an order requiring that an application for a permit be filed pursuant to W.S. 35-12-109. The Council may also waive any part(s) of the application requirements of W.S. 35-12-109 if it determines that it is justified by the circumstances.

020-1 Wyo. Code R. § 1-7

Amended, Eff. 4/4/2017.

Amended, Eff. 8/9/2018.