2023 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.