Section 20-13 - Notice of Intent, Public Participation, Public Notice, and Public Hearing Requirements (a) A prospective applicant for a confined swine feeding operation permit must file a Notice of Intent with the Division. A Notice of Intent is filed for the purpose of establishing a date to fix setback requirements in accordance with Section 24 of these regulations and to keep the public fully informed. The official date of the notification of intent shall be the date that it is received by the Division. - (i) The party filing the Notice of Intent shall have a maximum of twelve (12) months from the filing date to submit a completed permit application.
- (ii) If a completed permit application has not been submitted within twelve (12) months, the Notice of Intent shall expire.
- (iii) The Notice of Intent shall be filed upon forms provided by the Division and shall include the following information:
- (A) Identification of the submitting party.
- (B) Size and type of proposed confined swine feeding operation.
- (C) Legal description of the proposed housed facility.
- (D) A list of all property owners of record within one (1) mile of the perimeter of the proposed housed facility.
- (E) The signature of a responsible official for the submitting party and the date.
- (iv) The prospective applicant shall:
- (A) Send a copy of the Notice of Intent to all property owners within the one (1) mile perimeter by certified mail, return receipt requested.
- (B) Provide a Notice of Intent to any local government having jurisdiction over the area where the facility or operation is proposed to be located or to any jurisdiction within five (5) miles of the location. The Division shall receive verification that this requirement was met.
- (C) Publish in a newspaper of general circulation in the area of the proposed facility a copy of the Notice of Intent to be filed with the Division. The Division shall be provided a certified published copy of this public notice.
(b) When a proposed permit filed with the Division is determined to be complete, a public notice shall be issued by the applicant. - (i) The public notice shall include the following information:
- (A) The names, addresses, and phone numbers of the Division and applicant personnel whom interested persons may contact to review the application.
- (B) The name, address, and phone number of the applicant for the confined swine feeding operation permit.
- (C) The location of facilities to be constructed, including the housed facility and land application areas.
- (D) A brief description of the proposed confined swine feeding operation.
- (E) A brief description of comment and public hearing procedures.
- (F) Any additional information considered necessary by the Division.
- (ii) The applicant shall provide public notice by:
- (A) Mailing the notice to any unit of local government (including counties) having jurisdiction over the area where the facility or operation is proposed to be located or jurisdiction within five (5) miles of the location. The Division shall be provided a copy of this notice.
- (B) Mailing by first class mail the public notice to all persons and organizations on a general mailing list of interested parties provided by the Division.
- (C) Publishing in a newspaper of general circulation and any local papers in the area of the proposed facility, a public notice prepared by the Division. The Division shall be provided a certified published copy of this public notice.
- (iii) The intent of the public notice is to provide the public an opportunity to comment. The comment period shall be a minimum of thirty (30) days from the date of publication. During the public comment period, any interested person may submit written comments on the permit application to the Division. Any interested person may submit a written request detailing the need for a public hearing.
(c) When an application for a proposed operation is determined to be technically adequate, the Administrator shall hold a public hearing upon finding a significant degree of public interest. The Administrator also has the discretion to hold a public hearing whenever such a hearing may clarify issues involved in the review of a permit. - (i) If a public hearing is to be held, the Administrator shall provide a notice of the public hearing. Notice of a public hearing shall be given at least thirty (30) days before the hearing. A notice of public hearing shall be provided after the permit application has been determined by the Administrator to be technically adequate to make a decision to either approve or deny the permit.
- (ii) The applicant shall be required to provide a public hearing place in the vicinity of the proposed confined swine feeding operation. Such hearing place shall accommodate such attendance as might reasonably be expected. The hearing place shall conform to the accessability standards of the Americans with Disabilities Act.
- (iii) The notice of public hearing shall contain the following information in addition to that information required by Section 13(b)(i):
- (A) Reference to previous public notices relating to the proposed permit.
- (B) Any additional information considered necessary by the Division.
- (C) Date, time, and place of the public hearing.
- (D) A brief description of the nature and purpose of the public hearing.
- (iv) 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.
020-20 Wyo. Code R. § 20-13