020-1 Wyo. Code R. § 1-2
Definitions contained in W.S. 35-12-102, shall be applicable, where appropriate. The following terms used in these regulations shall have the following meanings, unless the context otherwise requires:
(a) "Act" means the Industrial Development Information and Siting Act, W.S. 35-12-101 through 35-12-119.
(b) "Area or local government primarily affected by the proposed industrial facility" means:
(c) "Areas of site influence" means the areas which may be affected environmentally, socially, or economically, in any significant degree, by the location of the industrial facility at the proposed site. A separate "area of influence" may be considered for each resource identified in Section 8(i) of these rules.
(d) "Complete application" means an application which contains all of the information required by W.S. 35-12-109 and Section 8 of these rules, except those portions of the application requirements that the Council has waived pursuant to W.S. 35-12-107; excluding proprietary information. If proprietary information is withheld, it must be stated in the application.
(e) "Construction schedule" means the schedule of events by time, from the commencement of construction through completion of construction and commencement of commercial operation of the facility, as described in the application and any approved updates.
(f) "Cumulative impacts" means the combined impacts upon the environment or the social or economic conditions resulting from construction and operation of the proposed industrial facility and from construction and operation of other on-going or proposed developments in the area of site influence. Proposed developments to be considered in cumulative impacts include those facilities which have public information available, or are actively permitting.
(g) "Decommissioning" means the removal from service, disassembly, and proper off-site disposal of the facility components.
(h) "Dependent component" means any ancillary facility to be constructed by the applicant that is necessary and essential to the construction or operation of the industrial facility. Dependent components are considered part of the industrial facility. Facilities described at W.S. W.S. 35-12-119 as exempt are not dependent components.
(i) "District or Special District" means the following:
(j) "Effective date of the Act" means May 30, 1975.
(k) "Environment" means the physical conditions existing within the affected area, including, but not limited to, land, air, water, minerals, flora, wildlife, noise, and objects of historic, aesthetic, or recreational impacts over which the Council has jurisdiction.
(l) "Estimated construction costs" means the anticipated total costs and expenses attributable directly to the planning, design, erection and construction of the applicant's proposed facility. The estimate shall be based upon current cost projections within the possession of the applicant. Such costs and expenses shall include, but are not limited to, the following: costs of materials, supplies and equipment, including allocable construction equipment costs; labor and management personnel compensation and salaries; contract and subcontract fees; employee benefits; employment; sales and use taxes; per diem and subsistence allowances; and all other costs necessary and incident to the construction of the proposed facility. For purposes of estimating construction costs, the proposed facility shall be described and considered to include all units and components at the proposed site location, and which are or have been included in current plans for development of the proposed site. Exempt activities and site acquisition expenditures including the acquisition costs of mineral rights and interests are not to be included in the estimated construction cost.
(m) "Estimated materials costs" means the estimated costs of materials, supplies and equipment, including allocable construction equipment costs, necessary and incident to the construction of the proposed facility.
(n) "Financial assurance" means a security serving as collateral in the form of a surety bond, certificate of deposit, corporate guarantee, letter of credit, deposit account, insurance policy or other form acceptable to the Director to insure proper decommissioning and reclamation activities.
(o) "Financial capability" means evidence of the financial strength of the applicant to construct, maintain, operate, decommission and reclaim the facility.
(p) "Health" shall mean the state of being sound in body or mind and includes psychological as well as physical well-being.
(q) "Information applicant" means any person who intends to initiate a construction activity with an estimated construction cost of at least ninety-six million nine hundred thousand dollars ($96,900,000.00) adjusted by applicable cost indices as provided in W.S. 35-12-102(a)(vii), which construction activity also falls within W.S. 35-12-119.
(r) "Job classification" means those of the 2010 Standard Occupational Classification System of the U. S. Department of Labor.
(s) "Mineral rights" means fee, leasehold, or mining claim interests in the mineral estate.
(t) "Mitigated impacts" means impacts that are minimized by limiting the magnitude of the impact, or are compensated for by replacing or providing substitute resources or supplemental environmental projects.
(u) "Oil and gas drilling facilities" are any and all activities in connection with or associated with drilling, testing, or completing oil and gas wells including well access roads and any electrical service, mobile and fixed equipment, and services used for drilling, completing, testing, maintaining and repairing oil or gas wells and related activities.
(v) "Oil and gas producing facilities" are any and all activities necessary to extract oil or gas or both from a naturally occurring underground reservoir containing a common accumulation of oil or gas or both. Producing facilities include the oil or gas well downhole equipment, well heads, flow controls, and artificial lift equipment including compressors. Producing facilities also include those facilities used for pressure maintenance, enhanced recovery, or produced water disposal.
(w) "Permit termination" means cessation or termination of a permit and all permit conditions, which were issued by the Council for the construction and operation of an industrial facility.
(x) "Phase" or "phase of construction" means any future expansion or modification of the facility described in the application pursuant to W.S. 35-12-109(a)(vi), and interpreted for jurisdiction by the Division.
(y) "Projection period" means the period of time over which projections of socioeconomic factors are made. The projection period shall not exceed five (5) years beyond the period during which stable operation of the industrial facility is achieved.
(z) "Reclamation" means the process of restoring all lands affected by the proposed industrial facility or its dependent components to a use for grazing, agriculture, recreational, wildlife purpose, or any other purpose of greater or equal value which satisfies the landowner or land management agency. The process may require removal of structures, backfilling, grading, contouring, compaction, stabilization, revegetation and drainage control.
(aa) "Safety" shall mean freedom from injury or threat of injury. Such injury or threat of injury may be premised on crime rates, traffic accident rates, dangers of industrial accidents or mishaps, or other similar considerations.
(ab) "Studies" shall include all social, economic or environmental reports, analyses, evaluations or compilations dealing with the impact of the industrial facility whether prepared by the applicant, the applicant's employees, or consultants retained by the applicant. Where such studies are part of a longer report or study, the applicant may sever such study from the larger document for purposes of submission to the Council.
(ac) "Study Area" is the geographic and political boundary, as designated by the Administrator for the required governmental, social, and economic studies required for applications.
(ad) Unmitigated impacts" means identified impacts that are not minimized by limiting the magnitude of the impact, or are not compensated for by replacing or providing substitute resources or supplemental environmental projects.
(ae) "Welfare" shall mean considerations of public convenience, public wellbeing and general prosperity. The term also properly covers those subjects encompassed under health and safety.
(af) "Wellfield activity" means any and all activity directly associated with the development, operation, or abandonment of oil and gas drilling or producing facilities. Wellfield activity includes but is not limited to construction of flow lines, heaters, treaters, dehydrators, fluid separators and stabilizers. Storage tanks not within the definable boundaries of an industrial facility are wellfield activities.
020-1 Wyo. Code R. § 1-2
Amended, Eff. 4/4/2017.
Amended, Eff. 8/9/2018.