Section 35-12-117 – Monitoring of Facilities.
35-12-117. 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) Monitoring the operations of all facilities which have been granted permits under […]
Section 35-12-118 – Penalties for Violations; Civil Action by Attorney General.
35-12-118. 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 having first obtained a permit, other than in specific compliance with the […]
Section 35-12-119 – Exemptions; Information Required.
35-12-119. Exemptions; information required. (a) Nonmineral processing facilities to be constructed in existing industrial parks, as designated by local governments, are exempt from payment of fees and certification procedures but shall furnish the information required by W.S. 35-12-109(a)(iii), (iv) and (v) to the division if included in W.S. 35-12-102(a)(vii). (b) State and local governmental units […]
Section 35-12-112 – Record of Hearing; Procedure.
35-12-112. 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 record. A complete record shall be made of the hearing […]
Section 35-12-113 – Decision of Council; Findings Necessary for Permit Conditions Imposed; Service of Decision on Parties; Waste Management Surcharge.
35-12-113. 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 decision upon the record, either granting or denying the application as filed, […]
Section 35-12-114 – Review of Grant or Denial of Permit.
35-12-114. 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 proposed facility is […]
Section 35-12-115 – Additional Requirements by Other Governmental Agencies Not Permitted After Issuance of Permit; Exceptions.
35-12-115. 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 condition for the construction, operation or maintenance of a facility authorized by a permit issued pursuant to […]
Section 35-12-116 – Revocation or Suspension of Permit.
35-12-116. Revocation or suspension of permit. (a) 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 permit; (ii) Failure to comply with the terms or […]
Section 35-12-111 – Parties to Permit Proceeding; Waiver by Failure to Participate.
35-12-111. Parties to permit proceeding; waiver by failure to participate. (a) 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 entitled to receive a copy of the application under W.S. 35-12-110(a)(i) […]
Section 35-12-105 – Appointment and Duties of Administrator; Staff; Rules and Regulations.
35-12-105. 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 under control and supervision of the director. The director shall employ such other […]