NY Env Conserv L § 17-0805 (2021)
2021 New York Laws ENV - Environmental Conservation Article 17 - Water Pollution Control Title 8 - State Pollutant Discharge Elimination System 17-0805 - Notice and Public Participation; Access to Information.

§ 17-0805. Notice and public participation; access to information.   1.  a.  Public  notice  of  a complete application for a SPDES permit, including: (i) all renewals of SPDES permits issued  in  lieu  of  NPDES permits;  (ii)  other  permit  renewals,  except renewals of permits for projects defined as minor in article  70  of  this  chapter;  and  (iii) modifications  involving  substantive  changes in permit requirements or authorized activities,  except  modification  of  permits  for  projects defined  as  minor under article 70 of this chapter, shall be circulated in a manner designed to inform  interested  and  potentially  interested persons  and  any  other  state, the waters of which may be affected, of such application. Such notice  shall  include,  where  appropriate,  the following:   (i)   the  applicant's  name  and  address;  (ii)  a  brief description of the project or proposed project and its location; (iii) a list of all department permits directly related to the project for which application has been made; (iv) the name and classification of the water body to which discharges are being made or  are  to  be  made;  (v)  the volume  and  type  of the discharge authorized or to be authorized; (vi) the permit's priority ranking score; (vii) the name and telephone number of the department and the lead agency contact persons for  the  project; (viii)  a  statement that copies of the permit application, the existing or draft permit, the  fact  sheet,  the  priority  ranking  fact  sheet, worksheet  and a description of the SPDES permit priority ranking system are available upon request; and (ix) a statement that  written  comments or  requests  for  a  public  hearing  on  the permit application, draft environmental impact statement or the permit's  priority  ranking  score may be filed by a time and at a place specified.   b.  The department shall provide a period of not less than thirty days following the date of the public notice pursuant to paragraph a of  this subdivision  during  which  time  interested  persons  may  submit their written views with respect to the application and the  priority  ranking of  the permit. The period for comment may be extended at the discretion of the department. All written comments submitted during such thirty day or extended period shall be retained by the department and considered in the formulation of the final determination on the  application  and  the priority  ranking  of the permit. The department may, in its discretion, provide an opportunity for  the  applicant  or  any  interested  agency, person  or  group of persons to request or petition for a public hearing with respect to such application or the priority ranking of the  permit. Such  request  or  petition  shall  be made during the public notice and comment period. The department shall promulgate  rules  and  regulations with  respect  to  notice,  procedures and conduct of public hearings in accordance with due process of law for  administrative  proceedings  and the provisions of the Act.   2.  Notwithstanding any other provision of law, any effluent data, any SPDES permit, permit application including a permit renewal application, priority  ranking  fact  sheet  or  request  for  permit   modification, suspension or revocation shall be available to the public for inspection and copying. This includes information submitted on the forms themselves and any attachments used to supply information required by the forms.   3.  Except  insofar as trade secrets would be disclosed, the following information shall be available to the public for inspection and copying;  (a) any public comments, testimony or other documentation concerning a permit application, including a  permit  renewal  application,  priority ranking  fact  sheet  or  request for permit modification, suspension or revocation; and  (b) any information obtained  pursuant  to  any  monitoring,  records, reporting  or  sampling requirements or as a result of sampling or other investigatory activities of the department.    4.  The  department  shall  identify   and   hold   confidential   any information,  except  effluent data, SPDES permits, permit applications, including permit renewal applications priority ranking  fact  sheets  or requests  for  permit  modification, suspension or revocation, including information  submitted  on the forms themselves and any attachments used to supply information required by the forms, shown by any person  to  be information  which,  if  made public, would divulge methods or processes entitled to protection as trade secrets of such person.