Section 20-14 - Approval or Denial of a Permit Application A permit shall be approved if the permit application complies with all provisions of these regulations and the Wyoming Environmental Quality Act. The management plan shall show that the proposed confined swine feeding operation can be operated in compliance with these regulations.
(a) The Administrator shall not render a final recommendation to the Director on a proposed permit until after the completion of the final comment period and the public hearing, if one is held. The Administrator shall make a decision as soon as reasonably possible. Before a final decision is issued, the Administrator shall prepare a written response to all comments received during the comment period. The written response shall be provided to members of the public upon request. The written response shall: - (i) Specify any changes made to the management plan as the result of public comment.
- (ii) Briefly describe and respond to all comments voicing a legitimate regulatory concern that is within the authority of the Division to regulate.
(b) The Director may deny a permit for any of the following reasons: - (i) The application does not meet applicable minimum design, construction, or operation standards as specified by these regulations.
- (ii) The facility, if constructed, would cause violation of applicable state surface or groundwater standards.
- (iii) The project does not comply with applicable state and local water quality management plans or approved well head or source water protection plans.
- (iv) The facility does not comply with the setback requirements of W.S. 35-11-302(a)(ix).
- (v) The application does not demonstrate the use of BAT to reduce odors, pathogens, and vectors.
- (vi) The application does not meet the requirements for financial assurance as required in Part F of these regulations.
- (vii) Other justifiable reasons necessary to carry out the provisions of the Environmental Quality Act.
- (viii) The application is incomplete according to Sections 7 through 11.
(c) The procedures to be followed in case of denial are as follows: - (i) The Director shall notify the applicant by registered or certified mail of the decision to deny the permit application and the reason for denial.
- (ii) The applicant may request a contested case hearing before the Environmental Quality Council pursuant to the Wyoming Department of Environmental Quality Rules of Practice and Procedure.
020-20 Wyo. Code R. § 20-14