Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0011 - Water Quality
Chapter 28 - STANDARDS FOR ISSUING PERMITS FOR COMMERCIAL OILFIELD WASTE DISPOSAL FACILITIES
Section 28-13 - Public Participation, Public Notice, and Public Hearing Requirements

Universal Citation: WY Code of Rules 28-13

Current through September 21, 2024

(a) The Administrator shall give public notice for any of the following actions:

(i) The Administrator has prepared a draft permit that is intended for issuance.

(ii) The Administrator intends to modify a permit.

(iii) The Department intends to schedule a hearing.

(b) The Administrator shall include a thirty (30) day public comment period for any action on items (a)(i), or (a)(ii) of this Section, and shall provide at least thirty (30) days' public notice before any hearing held pursuant to paragraph (a)(iii) of this Section.

(c) Public notice shall be given by:

(i) Mailing a copy of the notice to the applicant, by certified or registered mail.

(ii) Mailing a copy of the notice to the following:
(A) Bureau of Land Management;

(B) Wyoming Oil and Gas Conservation Commission;

(C) Wyoming Game and Fish Department;

(D) Wyoming State Engineer; and

(E) Any unit of local government having jurisdiction over the area where the facility is proposed to be located.

(iii) Electronic notification of the notice to those individuals that subscribe to the Division's electronic notification list;

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

(d) 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 the permittee or permit applicant, and, if different, of the facility or activity regulated by the permit;

(iii) A brief description of the business conducted at the facility or activity described in the permit application or the draft permit;

(iv) Name, address and telephone number of a person from whom interested persons may obtain further information, including, where applicable, copies of the draft permit, statement of basis, fact sheet, and the application;

(v) A brief description of comment procedures, procedures to request a hearing; and

(vi) Any additional information required by the Administrator.

(e) In addition to the information required in paragraph (d) of this Section, any notice for a 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 the hearing; and

(iii) A brief description of the nature and purpose of the hearing.

(f) The Department shall provide an opportunity for the applicant, permittee, or any interested person to submit written comments regarding permit issuance, modification, or to request a public hearing.

(g) During the public comment period, any interested person may submit written comments on the draft permit and may request a public hearing, in writing to the Administrator and shall state the reasons for the request.

(h) The Director shall render a decision on the draft permit within thirty (30) days after 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.

(i) At the time a final decision is issued, the Department shall respond, in writing, to those comments received during the public comment period and 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; and

(ii) Briefly describe and respond to all comments that express a regulatory concern within the authority of the Department to regulate.

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

Disclaimer: These regulations may not be the most recent version. Wyoming may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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