Wyo. Stat. § 35-12-113 (2026)

permit conditions imposed; service of decision on parties; waste
management surcharge.

     (a) Within forty-five (45) days from the date of
completion of the hearing the council shall make complete
findings, issue an opinion and render a decision upon the
record, either granting or denying the application as filed, or
granting it upon terms, conditions or modifications of the
construction, operation or maintenance of the facility as the
council deems appropriate. The council shall not consider the
imposition of conditions which address impacts within the area
of jurisdiction of any other regulatory agency in this state as
described in the information provided in W.S. 35-12-110(b),
unless the other regulatory agency requests that conditions be
imposed. In considering the imposition of conditions requested
by other agencies upon private lands, the council shall consider
in the same manner and to the same extent any comments presented
by an affected landowner. The council may consider direct or
cumulative impacts not within the area of jurisdiction of
another regulatory agency in this state. The council shall grant
a permit either as proposed or as modified by the council if it
finds and determines that:

          (i) The proposed facility complies with all
applicable law;

          (ii) The facility will not pose a threat of serious
injury to the environment nor to the social and economic
condition or inhabitants or expected inhabitants in the affected
area;

          (iii) The facility will not substantially impair the
health, safety or welfare of the inhabitants; and

          (iv) The applicant has financial resources to
decommission and reclaim the facility. For facilities meeting
the definition of W.S. 35-12-102(a)(vii)(E) the council shall
also be required to find the applicant has financial resources
to construct, maintain and operate the facility.

     (b) No permit shall be granted if the application is
incomplete.

     (c) If the council determines that the location of all or
part of the proposed facility should be modified, it may
condition its permit upon that modification, provided that the
local governments, and persons residing therein, affected by the
modification, have been given reasonable notice of the
modification.

     (d) The council shall issue with its decision, an opinion
stating in detail its reasons for the decision. If the council
decides to grant a permit for the facility, it shall issue the
permit embodying the terms and conditions in detail, including
the time specified to commence construction, which time shall be
determined by the council's decision as to the reasonable
capability of the local government, most substantially affected
by the proposed facility, to implement the necessary procedures
to alleviate the impact. A copy of the decision shall be served
upon each party.

     (e) A permit may be issued conditioned upon the applicant
furnishing a bond to the division in an amount determined by the
director from which local governments may recover expenditures
in preparation for impact to be caused by a facility if the
permit holder does not complete the facility proposed. The
permit holder is not liable under the bond if the holder is
prevented from completing the facility proposed by circumstances
beyond his control.

     (f) Within ten (10) days from the date of the council's
decision, a copy of the findings and the council's decision
shall be served upon the applicant, parties to the hearing and
local governments to be substantially affected by the proposed
facility and filed with the county clerk of the county or
counties to be primarily affected by the proposed facility.
Notice of the decision shall be published in one (1) or more
newspapers of general circulation within the area to be affected
by the proposed facility.

     (g) Each approved facility enumerated under W.S.
35-12-102(a)(vii)(A) through (D) shall, on a quarterly basis,
remit to the division a waste management surcharge to be
deposited in the general fund. The surcharge amount is:

          (i) A minimum of ten dollars ($10.00) per short ton
of solid wastes, including radioactive wastes, received at the
facility, less a minimum of five dollars ($5.00) for each short
ton of solid wastes removed at the facility and recycled or
reused and less any amount credited against the surcharge
pursuant to W.S. 35-11-503(b)(iv)(B); and

          (ii) A minimum of twenty-five dollars ($25.00) per
short ton of hazardous wastes received at the facility, less a
minimum of three dollars ($3.00) for each short ton of hazardous
wastes treated at the facility to reduce toxicity and long-term
hazards to the environment.

     (h) For applicants subject to W.S. 35-12-105(e), a permit
may be issued conditioned upon the applicant furnishing a bond
or other financial assurance acceptable to the division in an
amount determined by the director to cover the cost of
decommissioning and reclaiming the facility.

     (j) The council may deny an application if the facility
that is the subject of the application will unreasonably
interfere with the development of a known and currently
economically developable mineral resource within the proposed
facility.