New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 621 - Uniform Procedures › Miscellaneous Procedures › Section 621.14 - Special provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any time period specified
				  in this Part may be extended for good cause, by mutual written consent of the
				  applicant and the department. The EPA must be notified in those cases where a
				  proposed extension will exceed the time periods established in Federal
				  regulation. This provision does not supersede the requirement that the public
				  can request judicial review in State court if a title V permit is not issued
				  within 18 months of the date that an application is complete.
(b) At any time during the review of an
				  application for a new permit, modification, or renewal, the department may
				  request in writing any additional information which is reasonably necessary to
				  make any findings or determinations required by law. Such a request must be
				  explicit and must indicate the reasonable date by which the department is to
				  receive the information. Failure to provide such information by the date
				  specified in the request may be grounds for permit denial.
(c) The department may issue general permits
				  to allow work to eliminate damage caused by natural disasters or extraordinary
				  weather not unique to a particular locality, including repair or replacement in
				  location and in kind of facilities which existed prior to the damage.
				  Processing of such permits need not follow the full procedural requirements of
				  this Part.
(d) General permits may
				  also be issued by the department for projects that are determined not to have a
				  significant impact on the environment under SEQR, and that have been subjected
				  to the full procedural requirements of this Part for major projects. General
				  permits under the SPDES program and the air pollution control program in
				  accordance with Part 201 of this Title may be issued for regulated activities
				  for which the department determines that all the requirements of this
				  subdivision have been met.
(e) The
				  department may require as a condition to a permit, and prior to commencement of
				  work, that the permittee post a bond or other financial assurance acceptable to
				  the department of specified amount with the department. This is to ensure
				  faithful compliance with the terms of the permit and is used for the
				  indemnification of the State for any costs which might result from failure to
				  so comply. The bond or other financial assurance shall remain in effect until
				  the work is completed to the satisfaction of the department.
(f) Where this Part requires exchange of
				  written materials within specified time periods, postmark dates shall satisfy
				  the requirements, when not otherwise specifically provided.
(g) Pursuant to Article 3 of the State
				  Technology Law, the Electronic Records and Signatures Act, documents required
				  under this Part may be transmitted and received by electronic means. For
				  purposes of this Part, the receipt date of an electronic record shall be the
				  date received on any business day from midnight to 4:45 p.m., or the next
				  business day if received any other time. Where written materials are specified
				  in this Part, an electronic record may be considered the equivalent of a
				  written record.
(h) The department
				  may issue a research, development, and demonstration permit, where program
				  regulations provide for such consideration, for any facility which proposes to
				  utilize an innovative and experimental technology or process for which permit
				  standards have not been promulgated. This permit must include terms and
				  conditions to assure protection of human health and the environment. Research,
				  development, and demonstration permits are subject to the following provisions:
(1) Variances from permit application and
				  issuance requirements of this Part may be granted by the department, except
				  there may be no variance from any provisions requiring public
				  participation.
(2) Such permits may
				  be issued for a period not to exceed one year and may not be renewed more than
				  three times, with each renewal period not to exceed one year. Experimental
				  permits may be revoked when it is determined by the department to be necessary
				  to protect human health and the environment.
(3) These permit applications are subject to
				  all other procedural requirements of this Part.