(a) A small business includes any person, as defined in W.S. § 35-11-103(vi), with 100 or fewer employees in all of its facilities or operations, whether located in or outside of the State of Wyoming, except that: - (i) Businesses seeking a penalty waiver for air quality violations under Article 2 of the Environmental Quality Act, W.S. §§ 35-11-201 through 212, must meet the definition of a small business stationary source found in W.S. § 35-11-209 and cannot be a major source of hazardous pollutants under W.S. § 35-11-203(a)(i)(B);
- (ii) Businesses regulated under Article 5 of the Environmental Quality Act, W.S. §§ 35-11-501 through 520, are not entitled to a penalty waiver under this rule for violations of W.S. §§ 35-11-501 through 520 if they are a large quantity generator or are classified as a treatment, storage or disposal facility under the state hazardous waste regulations; and
- (iii) Businesses under control or ownership of a large parent organization that does not qualify under this rule, are not small businesses.
(b) The number of employees shall be calculated by determining the full-time equivalents on an annual basis and does not include contractors and consultants. The Department shall not consider employees who work less than 35 hours per week as full-time equivalents.