020-27 Wyo. Code R. § 27-21

Current through April 27, 2019

Section 27-21 - Public Participation, Public Notice and Public Hearing Requirements

(a) Public notice is not required for minor modifications or for a permit denial where the application is determined incomplete or deficient in accordance with Section 7 unless the permittee or applicant requests a hearing before the council pursuant to this section.

(b) The administrator shall give public notice for any of the following actions:

(i) The administrator has prepared a draft permit which is intended for issuance, denial or reissuance.

(ii) The administrator intends to modify a permit.

(iii) The administrator intends to revoke or terminate a permit.

(iv) Any hearing held as a result of a request for hearing on above actions or department actions appealable to the council.

(c) Public notice is not required for any facility permitted by rule or for any facility covered under general permit. The department shall issue one public notice creating the general permit and then notice at each subsequent five (5) year review.

(d) The administrator shall include a thirty (30) day public comment period for any action on items (b)(i), (ii) or (iii) or thirty (30) days notice before any hearing date as part of the public notice. When two notices are required, they may be given at the same time.

(e) Public notice shall be given by:

(i) Mailing a copy of the notice to the following persons:
- (A) The applicant, by certified or registered mail. For general permits this includes all persons registered as operators of facilities which the department believes will be covered by the general permit.
- (B) The U.S. Environmental Protection Agency.
- (C) Wyoming Game and Fish Department.
- (D) Wyoming State Engineer.
- (E) State Historical Preservation Officer.
- (F) Wyoming Oil and Gas Conservation.
- (G) Land Quality Division.
- (H) Persons on the mailing list developed by including those who request in writing to be on the list and soliciting persons for "area lists" from participants in proceedings in that area.
- (I) Any unit of local government having jurisdiction over the area where the facility is proposed to be located.

(ii) Publication of the notice in a newspaper of general circulation in the location of the facility or operation.

(iii) At the discretion of the administrator, any other method reasonably expected to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

(f) All public notices issued under this chapter shall contain the following minimum information:

(i) Name and address of the department.

(ii) Name and address of permittee or permit applicant, and, if different, of the facility or activity regulated by the permit. For general permits, this includes a list of existing facilities and the location of each facility which will be covered by the general permit. If new facilities may be covered under a general permit as they are constructed, then that fact will also be stated.

(iii) A brief description of the business conducted at the facility or activity described in the permit application or the draft permit. For general permits a generic statement of the type of facility to be covered is all that is required.

(iv) Name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit, as the case may be, statement of basis or fact sheet, and the application.

(v) A brief description of comment procedures, procedures to request a hearing, and other procedures which the public may use to participate in the final permit decision.

(vi) Any additional information considered necessary and proper.

(g) In addition to the information required in (f) of this section, any notice for public hearing shall contain the following:

(i) Reference to the date of previous public notices relating to the permit.

(ii) Date, time and place of hearing.

(iii) A brief description of the nature and purpose of the hearing, including applicable rules and procedures.

(h) The department shall provide an opportunity for the applicant, permittee, or any interested person to submit written comments regarding any aspect of a permit including, but not limited to, permit issuance, denial, modification, revocation and reissuance, termination, or transfer and/or to request a public hearing.

(i) All information received on or with the permit application shall be made available to the public for inspection and copying except such information as has been determined to constitute trade secrets or confidential information pursuant to W.S. 35-11-1101. The department shall provide facilities for inspection and copying of all non-confidential documents. Copying shall be at the expense of the person requesting copies.

(j) During the public comment period, any interested person may submit written comments on the draft permit and may request a public hearing. Requests for public hearings on permit applications or modifications must be made in writing to the administrator and shall state the reasons for the request. Requests for public hearings on permit issuance, denial, revocation, termination, or any other department action appealable to the Council, shall be made in writing to the chairman of the council and the department and state the grounds for the request.

(i) Requests for public hearings based on contested issues may be filed at any stage of the permitting process; and

(ii) After notice is given for public comment, requests for public hearings must be filed within thirty (30) days after the last publication of the public notice.

(k) The administrator shall hold a hearing whenever the administrator finds, on the basis of requests, a significant degree of public interest in a draft permit. The administrator has the discretion to hold a hearing whenever such a hearing may clarify issues involved in a permit decision.

(l) The Council shall hold hearings pursuant to the Wyoming Department of Environmental Quality Rules of Practice and Procedure.

(m) Public hearings will be held in the geographic area wherein the proposed discharge is located, or as nearby as reasonable. Public hearings will be held pursuant to the Wyoming Department of Environmental Quality Rules of Practice and Procedure.

(n) The public comment period shall automatically extend to the close of any public hearing. The administrator may also extend the comment period by so stating at the public hearing.

(o) The director shall render a decision on the draft permit within thirty (30) days after the completion of the comment period if no hearing is requested. If a hearing is held, the director shall make a decision on any department hearing as soon as practicable after receipt of the transcript or after the expiration of the time set to receive written comments.

(p) At the time a final decision is issued, the department shall respond, in writing, to those comments received during the public comment period or comments received during the allotted time for a hearing held by the department. This response shall:

(i) Specify any changes that have been made to the permit.

(ii) Briefly describe and respond to all comments voicing a legitimate regulatory concern that is within the authority of the department to regulate.

(q) The response to comments shall also be available to the public.

(r) Requests for a contested case hearing on a permit issuance, denial, revocation, termination, or any other final department action appealable to the Council, shall be made in writing to the chairman of the Environmental Quality Council and the director and state the grounds for the request pursuant to the Wyoming Department of Environmental Quality Rules of Practice and Procedure.

020-27 Wyo. Code R. § 27-21

Adopted, Eff. 9/15/2015.

Amended, Eff. 12/3/2018.