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 1-3 - Certificate of Insufficient Jurisdiction

020-1 Wyo. Code R. § 1-3

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Current through April 27, 2019
Section 1-3 - Certificate of Insufficient Jurisdiction

No person shall commence to construct an industrial facility unless an application has been filed in conformity with these rules and regulations and a permit has been issued by the Council.

(a) Any person who intends to initiate construction activity which may qualify as an industrial facility under the Act shall submit to the Division an application n for a Certificate of Insufficient Jurisdiction which shall demonstrate that the proposed construction activity does not qualify as an industrial facility under the Act, and that the Council lacks sufficient jurisdiction to require that an application for a permit be submitted.

(b) Industrial facilities that meet one of the following criteria shall not need a certificate of insufficient jurisdiction:

  • (i) The estimated construction cost is less than eighty percent (80%) of the current threshold construction cost.
  • (ii) A commercial waste incineration or disposal facility is not physically capable of receiving four hundred (400) short tons or more per day of household or mixed household and industrial waste.

(c) An application for a Certificate of Insufficient Jurisdiction shall contain the following information:

  • (i) A description of the proposed construction activity.
  • (ii) An estimated construction cost for the proposed construction activity that is in conformity with Section 2(m) of these regulations.

(d) When an application for a Certificate of Insufficient Jurisdiction is submitted to the Division, the Administrator shall within ten (10) days after the application is submitted:

  • (i) Serve notice of the application upon each local government that would be entitled to receive service of a copy of the application for a permit under W.S. 35-12-110(a)(i), as if the person submitting the application for a Certificate of Insufficient Jurisdiction was submitting an application for a permit.
  • (ii) Publish notice of such application for a Certificate of Insufficient Jurisdiction throughout the state for four (4) consecutive weeks in newspapers of general circulation.
  • (iii) Such notice shall state the following:
    • (A) A description of the construction activity proposed by the applicant for a Certificate of Insufficient Jurisdiction.
    • (B) The estimated construction cost of the construction activity proposed by the applicant for a Certificate of Insufficient Jurisdiction.
    • (C) A statement that any interested party, who would be a party in any permit proceeding with respect to the construction activity, may file objections to the issuance of a Certificate of Insufficient Jurisdiction within thirty (30) days after the last date of publication of notice.

(e) The Director shall present an application for a Certificate of Insufficient Jurisdiction to the Council after thirty (30) days has expired from the last date of publication of notice of application with his recommendation for issuance or denial. The Council shall thereupon, after consideration of the application and the objections thereto, either issue or deny the application for a Certificate of Insufficient Jurisdiction.

(f) The decision of the Council to issue a certificate shall be effective immediately.

020-1 Wyo. Code R. § 1-3

Amended, Eff. 4/4/2017.

Amended, Eff. 8/9/2018.