2023 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) one hundred dollars per application  for  a  modification  to  any
existing permit issued pursuant to section 24-0701 of this chapter;
(ii)  three  hundred dollars per application for one new single family
dwelling and customary appurtenances thereto;
(iii) five hundred dollars per application  for  multiple  new  single
family  dwellings,  or  a  new  multiple  family  dwelling and customary
appurtenances thereto;
(iv) one thousand  dollars  per  application  for  new  commercial  or
industrial structures or improvements;
(v)  one  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) three 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) two thousand dollars per application for subdivision of  land  or
new commercial or industrial structures or improvements;
(iii)  one thousand dollars per application for a permit for a project
as defined in this article.
(c) Fees collected pursuant to paragraph (a) of this subdivision shall
be  deposited  to  the  credit  of the conservation fund. Fees collected
pursuant to paragraph (b) of this subdivision shall be deposited to  the
credit of the marine resources account of the conservation fund.
(d) Application fees required pursuant to this subdivision will not be
required for any state department.
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.