NY Env Conserv L § 70-0117 (2021)
2021 New York Laws ENV - Environmental Conservation Article 70 - Uniform Procedures 70-0117 - Special Provisions.

§ 70-0117. Special provisions.   1.  (a)  An  applicant  may submit simultaneously all applications for permits associated with a proposed project  in  order  to  facilitate  a comprehensive project review.  (b)  Except  for good cause shown by the applicant, the department may require an applicant to submit simultaneously any  or  all  applications for permits associated with a proposed project when, in the department's judgment,  it  is  necessary to facilitate a comprehensive review of the project.   2. At any time during the review of an application for a permit  or  a request  by a permit holder for the renewal, reissuance, recertification or modification of  an  existing  permit,  the  department  may  request additional  information  from the applicant or permit holder with regard to any  matter  contained  in  the  application  or  request  when  such additional  information  is  necessary  for  the  department to make any findings or determinations required by law. Such  a  request  shall  not extend  any time period for department action contained in this article. Failure by the applicant or permit holder to  provide  such  information may  be  grounds  for  denial  by  the  department of the application or request.   3. Where there  is  a  requirement  pursuant  to  federal  law  for  a tentative  determination  or draft permit to be prepared prior to public notice or hearing, the time within which the department shall  make  its determination  whether  or  not  the  application  is  complete shall be extended by forty-five calendar days. This subdivision shall  not  apply to applications for state pollutant discharge elimination system permits for  the  discharge  of  sewage  (as  defined in section 17-0105 of this chapter) only.   4. In conjunction with one  or  more  applications  for  permits,  the department may, on request of an applicant undertake a conceptual review of   a   proposed   project  evaluating  the  general  approvability  or nonapprovability of a proposed project, including all proposed phases or segments thereof, subject to the  development  and  submission  of  more detailed  plans  and  information  and  such additional applications for permits in the future as may be  necessary.  The  department  shall,  in rules  and  regulations,  establish  criteria  and  guidelines  for  the conceptual review of proposed projects. The department shall  establish, in  rules  and  regulations  adopted pursuant to section 70-0107 of this chapter,  procedures  governing  the  conceptual  review   of   proposed projects.   5.  (a) Under the state pollutant discharge elimination system program (article seventeen of this chapter), the department may issue a  general permit,  upon  application  or  on  its own initiative, to cover ballast discharges from vessels, including tankers, while moored in  port  which (i)  are  within  a  stated  geographical area, (ii) involve the same or substantially similar type of operations, (iii) discharge the same types of pollutants, (iv) require the same effluent limitations  or  operating conditions,  (v)  require the same or similar monitoring, and (vi) which will result in minimal adverse cumulative impacts.  (b) General permits can only be issued if  the  department  determines such  discharges,  by  virtue  of  their  nature  and location, are more appropriately controlled under a general permit  than  under  individual permits.  (c)  Any  general permit issued under this subdivision shall set forth the conditions which shall apply to any  discharge  authorized  by  such general permit.  (d)  The  department  may  require  any person authorized by a general permit to apply for and obtain an individual permit and  the  department  shall  adopt  rules and regulations specifying circumstances under which an individual permit may be required.  (e)  General  permits shall be governed by the procedures set forth in this article for the review of major projects and shall  be  subject  to the provisions of article seventy-two of this chapter.   6.  (a) Under the state pollutant discharge elimination system program (article seventeen of this chapter), the department may issue a  general permit,  upon  application or on its own initiative, to cover a category of point sources of one or more discharges within a stated  geographical area  which  (i)  involve  the  same  or  substantially similar types of operations, (ii) discharge the same types of pollutants,  (iii)  require the  same effluent limitations or operating conditions, (iv) require the same or similar monitoring, and (v) which will result in minimal adverse cumulative impacts.  (b) General permits can only be issued for the following categories of discharges, if, by virtue of their nature and location,  the  department determines  such  discharges  are  more appropriately controlled under a general permit than under individual permits:  (i) separate storm sewers or stormwater conveyance systems; or  (ii) less than ten thousand gallons per day of sewage effluent without the admixture of industrial waste or other wastes; or  (iii) thermal discharges of less than one million gallons per day.  (c) Any general permit issued under this subdivision shall  set  forth the  conditions  which  shall  apply to any discharge authorized by such general permit.  (d) The department may require any  person  authorized  by  a  general permit  to  apply for and obtain an individual permit and the department shall adopt rules and regulations specifying circumstances  under  which an individual permit may be required.  (e)  General  permits shall be governed by the procedures set forth in this article for the issuance of major permits.   7. Notwithstanding any other provision of law,  the  department  shall not  charge  any  application  fee  or  any  other  fee for any activity undertaken pursuant to an adopt-a-park,  shoreline  or  roadway  program pursuant  to  section two hundred seventy-seven of the general municipal law.   8. (a) All persons required to obtain a  permit  from  the  department pursuant  to  section  24-0701  of  this  chapter  shall  submit  to the department an application fee in an amount not to exceed the following:  (i) fifty dollars per application for a permit for a minor project  as defined  in  this  article or modification to any existing permit issued pursuant to section 24-0701 of this chapter;  (ii) fifty dollars per application for  a  permit  for  a  residential project  defined  as  associated  with  one  single  family dwelling and customary appurtenances thereto;  (iii) one hundred dollars per application for multiple family dwelling and customary appurtenances thereto;  (iv) two hundred dollars per application for a permit  for  any  other project as defined in this article.  (b)  All  persons  required  to  obtain  a  permit from the department pursuant to  section  25-0402  of  this  chapter  shall  submit  to  the department an application fee in an amount not to exceed the following:  (i)  two  hundred  dollars  per  application  for a permit for a minor project as defined in this  article  or  modification  to  any  existing permit issued pursuant to section 25-0402 of this chapter;  (ii)  nine  hundred dollars per application for a permit for a project as defined in this article.  (c) All fees collected pursuant to this subdivision shall be deposited into the environmental protection fund pursuant to section  ninety-two-s of the state finance law.   9.  Applicants  for  major projects. Applicants for major projects for the regulatory programs of paragraphs (a), (f), (h), (i), (j),  (k)  and (m)  of  subdivision  3  of  section  70-0107  of  this article shall be required to demonstrate that future physical climate  risk  due  to  sea level rise, and/or storm surges and/or flooding, based on available data predicting  the  likelihood  of future extreme weather events, including hazard risk analysis data if applicable, has been considered.