N.Y. ENV Law § 70-0117 — New York Code / Act ENV / Article 70 / Section 70-0117
Special provisions
Status: in_force

§ 70-0117. Special provisions.\n  1. (a) An applicant may submit simultaneously all applications for\npermits associated with a proposed project in order to facilitate a\ncomprehensive project review.\n  (b) Except for good cause shown by the applicant, the department may\nrequire an applicant to submit simultaneously any or all applications\nfor permits associated with a proposed project when, in the department's\njudgment, it is necessary to facilitate a comprehensive review of the\nproject.\n  2. At any time during the review of an application for a permit or a\nrequest by a permit holder for the renewal, reissuance, recertification\nor modification of an existing permit, the department may request\nadditional information from the applicant or permit holder with regard\nto any matter contained in the application or request when such\nadditional information is necessary for the department to make any\nfindings or determinations required by law. Such a request shall not\nextend any time period for department action contained in this article.\nFailure by the applicant or permit holder to provide such information\nmay be grounds for denial by the department of the application or\nrequest.\n  3. Where there is a requirement pursuant to federal law for a\ntentative determination or draft permit to be prepared prior to public\nnotice or hearing, the time within which the department shall make its\ndetermination whether or not the application is complete shall be\nextended by forty-five calendar days. This subdivision shall not apply\nto applications for state pollutant discharge elimination system permits\nfor the discharge of sewage (as defined in section 17-0105 of this\nchapter) only.\n  4. In conjunction with one or more applications for permits, the\ndepartment may, on request of an applicant undertake a conceptual review\nof a proposed project evaluating the general approvability or\nnonapprovability of a proposed project, including all proposed phases or\nsegments thereof, subject to the development and submission of more\ndetailed plans and information and such additional applications for\npermits in the future as may be necessary. The department shall, in\nrules and regulations, establish criteria and guidelines for the\nconceptual review of proposed projects. The department shall establish,\nin rules and regulations adopted pursuant to section 70-0107 of this\nchapter, procedures governing the conceptual review of proposed\nprojects.\n  5. (a) Under the state pollutant discharge elimination system program\n(article seventeen of this chapter), the department may issue a general\npermit, upon application or on its own initiative, to cover ballast\ndischarges from vessels, including tankers, while moored in port which\n(i) are within a stated geographical area, (ii) involve the same or\nsubstantially similar type of operations, (iii) discharge the same types\nof pollutants, (iv) require the same effluent limitations or operating\nconditions, (v) require the same or similar monitoring, and (vi) which\nwill result in minimal adverse cumulative impacts.\n  (b) General permits can only be issued if the department determines\nsuch discharges, by virtue of their nature and location, are more\nappropriately controlled under a general permit than under individual\npermits.\n  (c) Any general permit issued under this subdivision shall set forth\nthe conditions which shall apply to any discharge authorized by such\ngeneral permit.\n  (d) The department may require any person authorized by a general\npermit to apply for and obtain an individual permit and the department\nshall adopt rules and regulations specifying circumstances under which\nan individual permit may be required.\n  (e) General permits shall be governed by the procedures set forth in\nthis article for the review of major projects and shall be subject to\nthe provisions of article seventy-two of this chapter.\n  6. (a) Under the state pollutant discharge elimination system program\n(article seventeen of this chapter), the department may issue a general\npermit, upon application or on its own initiative, to cover a category\nof point sources of one or more discharges within a stated geographical\narea which (i) involve the same or substantially similar types of\noperations, (ii) discharge the same types of pollutants, (iii) require\nthe same effluent limitations or operating conditions, (iv) require the\nsame or similar monitoring, and (v) which will result in minimal adverse\ncumulative impacts.\n  (b) General permits can only be issued for the following categories of\ndischarges, if, by virtue of their nature and location, the department\ndetermines such discharges are more appropriately controlled under a\ngeneral permit than under individual permits:\n  (i) separate storm sewers or stormwater conveyance systems; or\n  (ii) less than ten thousand gallons per day of sewage effluent without\nthe admixture of industrial waste or other wastes; or\n  (iii) thermal discharges of less than one million gallons per day.\n  (c) Any general permit issued under this subdivision shall set forth\nthe conditions which shall apply to any discharge authorized by such\ngeneral permit.\n  (d) The department may require any person authorized by a general\npermit to apply for and obtain an individual permit and the department\nshall adopt rules and regulations specifying circumstances under which\nan individual permit may be required.\n  (e) General permits shall be governed by the procedures set forth in\nthis article for the issuance of major permits.\n  7. Notwithstanding any other provision of law, the department shall\nnot charge any application fee or any other fee for any activity\nundertaken pursuant to an adopt-a-park, shoreline, roadway or lake\nprogram pursuant to section two hundred seventy-seven of the general\nmunicipal law.\n  8. (a) All persons required to obtain a permit from the department\npursuant to section 24-0701 of this chapter shall submit to the\ndepartment an application fee in an amount not to exceed the following:\n  (i) one hundred dollars per application for a modification to any\nexisting permit issued pursuant to section 24-0701 of this chapter;\n  (ii) three hundred dollars per application for one new single family\ndwelling and customary appurtenances thereto;\n  (iii) five hundred dollars per application for multiple new single\nfamily dwellings, or a new multiple family dwelling and customary\nappurtenances thereto;\n  (iv) one thousand dollars per application for new commercial or\nindustrial structures or improvements;\n  (v) one hundred dollars per application for a permit for any other\nproject as defined in this article.\n  (b) All persons required to obtain a permit from the department\npursuant to section 25-0402 of this chapter shall submit to the\ndepartment an application fee in an amount not to exceed the following:\n  (i) three hundred dollars per application for a permit for a minor\nproject as defined in this article or modification to any existing\npermit issued pursuant to section 25-0402 of this chapter;\n  (ii) two thousand dollars per application for subdivision of land or\nnew commercial or industrial structures or improvements;\n  (iii) one thousand dollars per application for a permit for a project\nas defined in this article.\n  (c) Fees collected pursuant to paragraph (a) of this subdivision shall\nbe deposited to the credit of the conservation fund. Fees collected\npursuant to paragraph (b) of this subdivision shall be deposited to the\ncredit of the marine resources account of the conservation fund.\n  (d) Application fees required pursuant to this subdivision will not be\nrequired for any state department.\n  9. Applicants for major projects. Applicants for major projects for\nthe regulatory programs of paragraphs (a), (f), (h), (i), (j), (k) and\n(m) of subdivision 3 of section 70-0107 of this article shall be\nrequired to demonstrate that future physical climate risk due to sea\nlevel rise, and/or storm surges and/or flooding, based on available data\npredicting the likelihood of future extreme weather events, including\nhazard risk analysis data if applicable, has been considered.\n