reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 833 - Project Review Under Section 3.8 Of The Compact (article 3) › Section 833.4 - Submission of project required

Current through Register Vol. 46, No. 28, July 10, 2024
Any project which may have a substantial effect on the
					 water resources of the basin, except as provided in subdivision (d) of this
					 section, shall be submitted to the commission for a determination as to whether
					 the project impairs or conflicts with the comprehensive plan, as
					 follows:
(a) Where the project is
				  subject to review by a State or Federal agency which has entered into an
				  administrative agreement with the commission, such project will be referred to
				  the commission in accordance with the terms of the administrative agreement,
				  and appropriate instructions will be prepared and issued by the executive
				  director for guidance of project sponsors and applicants.
(b) Where no other State or Federal agency
				  has jurisdiction to review and approve a project, or no administrative
				  agreement is in force, the project sponsor shall apply directly to the
				  commission.
(c) Any project
				  proposal, which may have a substantial effect on the water resources of the
				  basin, may be received and reviewed by the staff informally in conference with
				  the project sponsor during the preliminary planning phase to assist the sponsor
				  to develop the project in accordance with the commission's
				  requirements.
(d) Whenever a
				  project sponsored by one of the signatory parties, or by any agency, political
				  subdivision or public corporation thereof, has been included in the water
				  resources program in the "A list" classification, the project, to the extent of
				  such inclusion and as described in the program, shall be deemed approved for
				  the purposes of section
				  3.8 of the Compact.
(e) Whenever a project is subject to review
				  and approval by the commission under this section, there shall be no
				  substantial construction activity thereon, including related preparation of
				  land, unless and until the project has been approved by the commission;
				  provided, however, that this prohibition shall not apply to the drilling of
				  wells for purposes of obtaining geohydrologic data, nor to in-plant control and
				  pretreatment facilities for pollution abatement.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 833 - Project Review Under Section 3.8 Of The Compact (article 3) › Section 833.5-a - Water supply projects-conservation requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Maximum feasible efficiency in the use of water is required
					 on the part of water users throughout the basin. Effective September 1, 1981,
					 applications under section
					 3.8 of the Compact for new water
					 withdrawals subject to review by the commission shall include and describe
					 water-conserving practices and technology designed to minimize the use of water
					 by municipal, industrial and agricultural users, as provided in this
					 section.
(a) Applications for approval
				  of new withdrawals from surface or ground water sources submitted by a
				  municipality, public authority or private waterworks corporation whose total
				  average withdrawals exceed one million gallons per day shall include or be in
				  reference to a program prepared by the applicant consisting of the following
				  elements:
(1) periodic monitoring of water
				  distribution and use, and establishment of a systematic leak detection and
				  control program;
(2) use of the
				  best practicable water-conserving devices and procedures by all classes of
				  users in new construction or installations, and provision of information to all
				  classes of existing users concerning the availability of water-conserving
				  devices and procedures; and
(3) a
				  contingency plan including use priorities and emergency conservation measures
				  to be instituted in the event of a drought or other water shortage condition.
				  Contingency plans of public authorities or private waterworks corporations
				  shall be prepared in cooperation with, and made available to, all
				  municipalities in the area affected by the contingency plan, and shall be
				  coordinated with any applicable statewide water shortage contingency
				  plans.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 833 - Project Review Under Section 3.8 Of The Compact (article 3) › Section 833.6 - Sequence of approval

Current through Register Vol. 46, No. 28, July 10, 2024
A project will be considered by the commission under
					 section 3.8 of the Compact either before
					 or after any other State or Federal review, in accordance with the provisions
					 of the administrative agreement applicable to such project.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 833 - Project Review Under Section 3.8 Of The Compact (article 3) › Section 833.7 - Form of referral by State or Federal agency

Current through Register Vol. 46, No. 28, July 10, 2024
Upon approval by any State or Federal agency of any project
					 reviewable by the commission under this Title, if the project has not prior
					 thereto been reviewed and approved by the commission, such agency shall refer
					 the project for review under section
					 3.8 of the Compact in such form
					 and manner as shall be provided by administrative agreement.
(a) The commission will rely on the
				  appropriate agency in each state to review and regulate the potability of all
				  public water supplies. Applications before the commission should address the
				  impact of the withdrawal, use and disposal of water on the water resources of
				  the Basin.
(b) The commission will
				  rely on signatory party reviews as much as possible and generally the
				  commission will not review the performance standards of individual components
				  of treatment processes but will require compliance with all policies in the
				  Comprehensive Plan including all applicable water quality standards.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 833 - Project Review Under Section 3.8 Of The Compact (article 3) › Section 833.8 - Form of submission of projects not requiring prior approval by State or Federal agencies

Current through Register Vol. 46, No. 28, July 10, 2024
Where a project does not require approval by any other
					 State or Federal agency, or where such approval is required but an
					 administrative agreement is not in force, the project shall be submitted
					 directly to the commission for review and determination of compatibility with
					 the comprehensive plan, in such form of application, with such supporting
					 documentation, as the executive director may reasonably require for the
					 administration of the provisions of the Compact. These shall include, without
					 limitation thereto:
(a) Exhibits to
				  accompany application. The application shall be accompanied by the following
				  exhibits:
(1) abstract of proceedings
				  authorizing project, where applicable;
(2) general map showing specific location and
				  dimension of a structural project, or specific language of a standard or policy
				  in the case of a nonstructural proposal;
(3) section of the United States Geological
				  Survey topographic map showing the territory and watershed affected;
(4) maps, drawings, specifications and
				  profiles of any proposed structures, or a description of the specific effects
				  of a nonstructural project;
(5)
				  written report of the applicant's engineer showing the proposed plan of
				  operation of a structural project;
(6) map of any lands to be acquired or
				  occupied;
(7) estimate of the cost
				  of completing the proposed project, and sufficient data to indicate a workable
				  financial plan under which the project will be carried out; and
(8) analyses and conclusions of regional
				  water supply and wastewater investigations.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 833 - Project Review Under Section 3.8 Of The Compact (article 3) › Section 833.9 - Informal conferences and emergencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever the executive director shall
				  deem necessary, or upon request of the applicant, an informal conference may be
				  scheduled to explain, supplement or review an application.
(b) In the event of an emergency requiring
				  immediate action to protect the public interest or to avoid substantial and
				  irreparable injury to any private person or property, and the circumstances do
				  not permit a review, hearing and determination in the regular course of these
				  regulations, the executive director with the approval of the chairman of the
				  commission may issue an emergency certificate authorizing an applicant to take
				  such action as the executive director may deem necessary and proper in the
				  circumstances, pending review, hearing and determination by the commission as
				  otherwise required in this Subchapter.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 833 - Project Review Under Section 3.8 Of The Compact (article 3) › Section 833.10 - Limitation of approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Approval by the commission under this Subchapter shall expire three years from
				  the date of commission action unless prior thereto the sponsor has expended
				  substantial funds (in relation to the cost of the project) in reliance upon
				  such approval. An approval may be extended or renewed by the commission upon
				  application.
(b) Any application
				  that remains dormant (no proof of active pursuit of approvals) for a period of
				  three years from date of receipt, shall be automatically terminated. Any
				  renewed activity following that date will require submission of a new
				  application.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 833 - Project Review Under Section 3.8 Of The Compact (article 3) › Section 833.11 - One Permit Program

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Purpose.
The purpose of the One Permit Program set forth in this
					 section is to provide the opportunity for the environmental agency and/or other
					 administrative agency of a Signatory Party (Signatory Party Agency) and the
					 commission to coordinate and collaborate in the administration of a single
					 process for the review and adjudication of projects. The One Permit Program
					 allows the Signatory Party Agency and commission to incorporate requirements
					 and determinations of both entities in a single permit or other approval
					 instrument, pursuant to a duly adopted administrative agreement under
					 subdivision (d) of this section.
(b)
Scope.
This section applies to all projects that:
(1) are reviewable under the
				  compact;
(2) meet the thresholds
				  for review set forth in section
				  833.5 of this Part;
(3) are subject to review by a Signatory
				  Party Agency under its own statutory authorities; and
(4) are within regulatory programs that have
				  been identified in a duly adopted administrative agreement between the
				  commission and a Signatory Party Agency under this section. For any project
				  that requires an approval under the compact that is outside the scope of the
				  Signatory Party Agency's approval issued in accordance with an administrative
				  agreement under this section, the project sponsor shall apply to the commission
				  in accordance with procedures established by the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 833 - Project Review Under Section 3.8 Of The Compact (article 3) › Section 833.13 to 833.14 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 835 - Appeals Or Objections To Decisions Of The Executive Director In Water Quality Cases (article 5) › Section 835.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to the review, hearing and decision
					 of objections and issues arising as a result of administrative actions and
					 decisions taken or rendered by the executive director under the basin
					 regulations. Any hearing shall be conducted pursuant to the provisions of Part
					 836 of this Title.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 835 - Appeals Or Objections To Decisions Of The Executive Director In Water Quality Cases (article 5) › Section 835.2 - Notice and request for hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The executive director shall serve notice of an action or
					 decision by him under the basin regulations by personal service or certified
					 mail, return receipt requested. The affected discharger shall be entitled (and
					 the notice of action or decision shall so state) to show cause at a commission
					 hearing why such action or decision should not take effect. A request for such
					 a hearing shall be filed with the secretary of the commission not more than 30
					 days after service of the executive director's determination. Failure to file
					 such a request within the time limit shall be deemed to be an acceptance of the
					 executive director's determination and a waiver of any further
					 hearing.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 835 - Appeals Or Objections To Decisions Of The Executive Director In Water Quality Cases (article 5) › Section 835.3 - Form of request

Current through Register Vol. 46, No. 28, July 10, 2024
A request for a hearing may be informal but shall indicate
					 the name of the individual and the address to which an acknowledgment may be
					 directed. It may be stated in such detail as the objector may elect. The
					 request shall be deemed filed only upon receipt by the commission. Whenever the
					 executive director determines that the request for a hearing is insufficient to
					 identify the nature and scope of the objection, or that one or more issues may
					 be resolved, reduced or identified by such action, he may require the objector
					 to prepare and submit to the commission, within such reasonable time (not less
					 than 30 days) as he may specify, a technical report of the facts relating to
					 the objection prior to the scheduling of the hearing. The report shall be
					 required by notice in writing served upon the objector by certified mail,
					 return receipt requested, addressed to the person or entity filing the request
					 for hearing at the place indicated in the request.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 835 - Appeals Or Objections To Decisions Of The Executive Director In Water Quality Cases (article 5) › Section 835.4 - Form and contents of report

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Generally. A request for a report under this Part may require such information
				  and the answers to such questions as may be reasonably pertinent to the subject
				  of the action or determination under consideration.
(b) Waste loading. In cases involving
				  objections to an allocation of the assimilative capacity of a stream, waste
				  load allocation for a point source, or load allocation for a new point source,
				  the report shall be signed and verified by a technically qualified person
				  having personal knowledge of the facts stated therein, and shall include such
				  of the following items as the executive director may require:
(1) a specification with particularity of the
				  ground or grounds for the objection; and failure to specify a ground for
				  objection prior to the hearing shall foreclose the objector from thereafter
				  asserting such a ground at the hearing;
(2) a description of industrial processing
				  and waste treatment operational characteristics and outfall configuration in
				  such detail as to permit an evaluation of the character, kind and quantity of
				  the discharges, both treated and untreated, including the physical, chemical
				  and biological properties of any liquid, gaseous, solid, radioactive, or other
				  substance composing the discharge in whole or in part;
(3) the thermal characteristics of the
				  discharges and the level of heat in flow;
(4) information in sufficient detail to
				  permit evaluation in depth of any in-plant control or recovery process for
				  which credit is claimed;
(5) the
				  chemical and toxicological characteristics including the processes and/or
				  indirect discharges which may be the source of the chemicals or
				  toxicity;
(6) an analysis of all
				  the parameters that may have an effect on the strength of the waste or impinge
				  upon the water quality criteria set forth in the basin regulations, including a
				  determination of the rate of biochemical oxygen demand and the projection of a
				  first-stage carbonaceous oxygen demand;
(7) measurements of the waste as closely as
				  possible to the processes where the wastes are produced, with the sample
				  composited either continually or at frequent intervals (one-half hour or, where
				  permitted by the executive director, one-hour periods), so as to represent
				  adequately the strength and volume of waste that is discharged; and
(8) such other and additional specific
				  technical data as the executive director may reasonably consider necessary and
				  useful for the proper determination of a waste load allocation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 835 - Appeals Or Objections To Decisions Of The Executive Director In Water Quality Cases (article 5) › Section 835.5 - Protection of trade secrets; confidential information

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall be required in such report to divulge trade
					 secrets or secret processes. All information disclosed to any commissioner,
					 agent or employee of the commission in any report required by these rules shall
					 be confidential for the purposes of
					 section
					 1905 of title 18 of the United States Code
					 which provides:
"Whoever, being an officer or employee of the United States
					 or of any department or agency thereof, publishes, divulges, discloses, or
					 makes known in any manner or to any extent not authorized by law any
					 information coming to him in the course of his employment or official duties or
					 by reason of any examination or investigation made by, or return, report or
					 record made to or filed with, such department or agency or officer or employee
					 thereof, which information concerns or relates to the trade secrets, processes,
					 operations, style of work, or apparatus, or to the identity, confidential
					 statistical data, amount or source of any income, profits, losses or
					 expenditures or any person, firm, partnership, corporation or association; or
					 permits any income return or copy thereof to be seen or examined by any person
					 except as provided by law; shall be fined not more than $1,000, or imprisoned
					 not more than one year, or both; and shall be removed from office or
					 employment." (June 25, 1948, Ch. 645, 62 Stat. 791.)
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 835 - Appeals Or Objections To Decisions Of The Executive Director In Water Quality Cases (article 5) › Section 835.6 - Failure to furnish report

Current through Register Vol. 46, No. 28, July 10, 2024
The executive director may, upon five days' notice to the
					 objector, dismiss the request for a hearing as to any objector who fails to
					 file a complete report within such time as shall be prescribed in the
					 director's notice.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 835 - Appeals Or Objections To Decisions Of The Executive Director In Water Quality Cases (article 5) › Section 835.7 - Informal conference

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever the executive director deems it appropriate, he
					 may cause an informal conference to be scheduled between an objector and such
					 member of the commission staff as he may designate. The purpose of such a
					 conference shall be to resolve or narrow the ground or grounds of the
					 objections.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 835 - Appeals Or Objections To Decisions Of The Executive Director In Water Quality Cases (article 5) › Section 835.8 - Consolidation of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Following such informal conferences as may be held, to the
					 extent that the same or similar grounds for objections are raised by one or
					 more objectors, the executive director may in his discretion, and with the
					 consent of the objectors, cause a consolidated hearing to be scheduled at which
					 two or more objectors asserting that ground may be heard.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 836 - Administrative And Other Hearings (article 6) › Section 836.2 - Authorization to conduct hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Written requests for hearings. Upon receipt of a written request for a hearing
				  pursuant to this Part, the executive director shall review the record available
				  with regard to the action or decision for which a hearing is requested.
				  Thereafter, the executive director shall present the request for a hearing to
				  the commission for its consideration. The commission shall grant a request for
				  a hearing pursuant to this Part if it determines that an adequate record with
				  regard to the action or decision is not available, the contested case involves
				  a determination by the executive director or staff which requires further
				  action by the commission or that the commission has found that an
				  administrative hearing is necessary or desirable. If the commission denies any
				  request for a hearing in a contested case, the party seeking such a hearing
				  shall be limited to such remedies as may be provided by the Compact or other
				  applicable law or court rule.
(b)
				  Commission directed hearings. This Part shall be applicable to any proceeding
				  which commission regulation or the commission directs be conducted in
				  accordance with the provisions hereof.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 836 - Administrative And Other Hearings (article 6) › Section 836.3 - Hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Generally.
				  Hearings shall be conducted by one or more members of the commission, by the
				  executive director, or by such other hearing officer as the chairman may
				  designate, except as provided in subdivision (b) of this section.
(b) Waste load allocation cases. In cases
				  involving the allocation of the assimilative capacity of a stream:
(1) The executive director shall appoint a
				  hearing board of at least two persons. One of them shall be nominated by the
				  water pollution control agency of the state in which the discharge originates,
				  and he shall be chairman. The board shall have and exercise the powers and
				  duties of a hearing officer:
(i) a quorum of
				  the board for purposes of the hearing shall consist of two members;
				  and
(ii) questions of practice or
				  procedure during the hearing shall be determined by the chairman.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 836 - Administrative And Other Hearings (article 6) › Section 836.4 - Hearing procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Participation in the hearing. In any hearing, the person requesting the hearing
				  shall be deemed an interested party and shall be entitled to participate fully
				  in the hearing procedure. In addition, any person whose legal rights may be
				  affected by the decision rendered in a contested case shall be deemed an
				  interested party. Interested parties shall have the right to be represented by
				  counsel, to present evidence and to examine and cross-examine witnesses. In
				  addition to interested parties, any persons having information concerning a
				  contested case or desiring to present comments concerning the subject matter of
				  the hearing for inclusion in the record may submit a written statement to the
				  commission. Any interested party may request the right to examine or
				  cross-examine any person who submits a written statement. In the absence of a
				  request for examination of such person, all written statements submitted shall
				  be included within the record and such statements may be relied upon to the
				  extent determined by the hearing officer or the commission.
(b) Powers of the hearing officer. The
				  hearing officer shall:
(1) Rule upon offers of
				  proof and the admissibility of evidence, regulate the course of the hearings,
				  hold conferences for the settlement or simplification of procedures or issues,
				  and shall schedule submission of documents, briefs and the time for the
				  hearing.
(2) Cause each witness to
				  be sworn or to make affirmation.
(3) Limit the number of times any witness may
				  testify, limit repetitious examination or cross-examination of witnesses or the
				  extent to which corroborative or cumulative testimony shall be
				  accepted.
(4) Exclude irrelevant,
				  immaterial or unduly repetitious evidence, but the interested parties shall not
				  be bound by technical rules of evidence and all relevant evidence of reasonably
				  probative value may be received.
(5) Require briefs and oral arguments to the
				  extent determined necessary which shall be included as part of the record
				  unless otherwise ordered by the hearing officer.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 836 - Administrative And Other Hearings (article 6) › Section 836.5 - Staff and other expert testimony

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Presentation on behalf of the commission. The executive director shall arrange
				  for the presentation of testimony by the commission's technical staff and other
				  experts, as he may deem necessary or desirable, to incorporate in the record or
				  support the administrative action, determination or decision which is the
				  subject of the hearing.
(b) Expert
				  witnesses. An interested party may submit in writing to the hearing officer the
				  report and proposed testimony of an expert witness. No expert report or
				  proposed testimony, however, shall be included in the record if the expert is
				  not available for examination unless the report and proposed testimony shall
				  have been provided to the commission and all interested parties prior to the
				  hearing and the commission and interested parties have waived the right of
				  cross-examination.
(c) The
				  executive director may designate for inclusion in the record those records of
				  the commission which the executive director deems relevant to a decision in a
				  contested case or to provide an understanding of applicable commission
				  policies, regulations or other requirements relating to the issues in the
				  contested case. The designation of such commission documents shall be provided
				  to all interested parties prior to the hearing.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 836 - Administrative And Other Hearings (article 6) › Section 836.6 - Record of proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
A record of the proceedings and evidence at each hearing
					 shall be made by a qualified stenographer designated by the executive director.
					 Where demanded by the applicant, objector, or any other person who is a party
					 to these proceedings, or where deemed necessary by the hearing officer, the
					 testimony shall be transcribed. In those instances where a transcript of
					 proceedings is made, two copies shall be delivered to the commission. The
					 applicant, objector, or other persons who desire copies shall obtain them from
					 the stenographer at such price as may be agreed upon by the stenographer and
					 the person desiring the transcript.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 836 - Administrative And Other Hearings (article 6) › Section 836.7 - Assessment of costs; appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Whenever a hearing is conducted under this Part, the costs thereof, as herein
				  defined, shall be assessed by the hearing officer to the party requesting the
				  hearing unless apportioned between the interested parties where cost sharing is
				  deemed fair and equitable by the hearing officer. For the purposes of this
				  section, costs include all incremental costs incurred by the commission,
				  including, but not limited to, hearing examiner and expert consultants
				  reasonably necessary in the matter, stenographic record, rental of a hearing
				  room and other related expenses.
(b) Upon scheduling of a matter for hearing,
				  the secretary shall furnish to the applicant and/or interested parties a
				  reasonable estimate of the costs to be incurred under this section. The
				  applicant and/or interested parties may be required to furnish security for
				  such costs either by cash deposit or by a surety bond of a corporate surety
				  authorized to do business in a signatory state.
(c) An appeal of the assessment of costs may
				  be submitted in writing to the commission within 10 days of the assessment. A
				  copy of the appeal shall be filed with the secretary and served on all
				  interested parties. The filing of said appeal shall not stay the
				  hearing.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 836 - Administrative And Other Hearings (article 6) › Section 836.8 - Findings, report and commission review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The hearing officer shall prepare a
				  report of his findings and recommendations. In the case of an objection to a
				  waste load allocation, the hearing officer shall make specific findings of a
				  recommended allocation which may increase, reduce or confirm the executive
				  director's determination. The report shall be served by personal service or
				  certified mail (return receipt requested) upon each party to the hearing or its
				  counsel unless all parties have waived service of the report. The applicant and
				  any objector may file objections to the report within 20 days after the service
				  upon him of a copy of the report. A brief shall be filed together with any
				  objections. The report of the hearing officer together with objections and
				  briefs shall be promptly submitted to the commission. The commission may
				  require or permit oral argument upon such submission prior to its
				  decision.
(b) The executive
				  director, in addition to any submission to the hearing officer, may also submit
				  to the commission staff comments upon, or a response to, the hearing officer's
				  findings and report and, where appropriate, a draft docket or other recommended
				  commission action. Interested parties shall be served with a copy of such
				  submission and may have not less than 10 days to respond before action by the
				  commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 836 - Administrative And Other Hearings (article 6) › Section 836.9 - Action by the commission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commission will act upon the findings and recommendations of the hearing
				  officer pursuant to law.
(b)
				  Commission counsel shall assist the commission with its review of the hearing
				  record and the preparation of a commission decision to the extent directed to
				  do so by the chairman.
(c) The
				  determination of the commission will be in writing and shall be filed together
				  with any transcript of the hearing, report of the hearing officer, objections
				  thereto, and all plans, maps, exhibits and other papers, records or documents
				  relating to the hearing. All such records, papers and documents may be examined
				  by any person at the office of the commission, and shall not be removed
				  therefrom except temporarily upon the written order of the secretary after the
				  filing of a receipt therefor in form prescribed by the secretary. Copies of any
				  such records and papers may be made in the office of the commission by any
				  person, subject to such reasonable safeguards for the protection of the records
				  as the executive director may require.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 836 - Administrative And Other Hearings (article 6) › Section 836.10 - Appeals from final commission action; time for appeals

Current through Register Vol. 46, No. 28, July 10, 2024
Any party participating in a hearing conducted pursuant to
					 the provisions of this Part may appeal any final commission action. To be
					 timely, such an appeal must be filed with an appropriate Federal court, as
					 provided in article 15.1(p) of the commission's Compact, within 45 days of
					 final commission action.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 837 - Penalties And Settlements In Lieu Of Penalties (article 7) › Section 837.1 - Scope of Part

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall be applicable where the commission shall
					 have information indicating that a person has violated or attempted to violate
					 any provision of the commission's Compact or any of its rules, regulations or
					 orders (hereafter referred to as possible violator). For the purposes of this
					 Part person shall include person, partnership, corporation, business
					 association, governmental agency or authority.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 837 - Penalties And Settlements In Lieu Of Penalties (article 7) › Section 837.2 - Notice to possible violators

Current through Register Vol. 46, No. 28, July 10, 2024
Upon direction of the commission the executive director
					 shall, and in all other instances, the executive director may require a
					 possible violator to show cause before the commission why a penalty should not
					 be assessed in accordance with the provisions of these rules and section 14.17
					 of the Compact. The notice to the possible violator shall:
(a) set forth the date on which the possible
				  violator shall respond; and
(b) set
				  forth any information to be submitted or produced by the possible
				  violator.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 837 - Penalties And Settlements In Lieu Of Penalties (article 7) › Section 837.3 - The record for decisionmaking

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Written submission. In addition to the information required by the commission,
				  any possible violator shall be entitled to submit in writing any other
				  information that it desires to make available to the commission before it shall
				  act. The executive director may require documents to be certified or otherwise
				  authenticated and statements to be verified. The commission may also receive
				  written submissions from any other persons as to whether a violation has
				  occurred and the adverse consequences resulting from a violation of the
				  commission's Compact or its rules, regulations and orders.
(b) Presentation to the commission. At the
				  date set in the notice, the possible violator shall have the opportunity to
				  supplement its written presentation before the commission by any oral statement
				  it wishes to present and shall be prepared to respond to any questions from the
				  commission or its staff or to the statements submitted by persons affected by
				  the possible violation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 837 - Penalties And Settlements In Lieu Of Penalties (article 7) › Section 837.4 - Adjudicatory hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  adjudicatory hearing, which may be in lieu of or in addition to proceedings
				  pursuant to section
				  837.3 of this Part, at which
				  testimony may be presented and documents received shall not be scheduled
				  unless:
(1) the executive director determines
				  that a hearing is required to have an adequate record for the commission;
				  or
(2) the commission directs that
				  such a hearing be held.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 837 - Penalties And Settlements In Lieu Of Penalties (article 7) › Section 837.5 - Assessment of a penalty

Current through Register Vol. 46, No. 28, July 10, 2024
The executive director may recommend to the commission the
					 amount of the penalty to be imposed. Such a recommendation shall be in writing
					 and shall set forth the basis for the penalty amount proposed. Based upon the
					 record submitted to the commission, the commission shall decide whether a
					 violation has occurred that justifies the imposition of a penalty pursuant to
					 section 14.17 of the Compact. If it is found that such a violation has
					 occurred, the commission shall determine the amount of the penalty to be
					 paid.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 837 - Penalties And Settlements In Lieu Of Penalties (article 7) › Section 837.6 - Factors to be applied in fixing penalty amount

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consideration shall be given to the
				  following factors in deciding the amount of any penalty or any settlement in
				  lieu of penalty:
(1) previous violation, if
				  any, of the commission's Compact and regulations;
(2) whether the violation was unintentional
				  or willful and deliberate;
(3)
				  whether the violation caused adverse environmental consequences and the extent
				  of any harm;
(4) the costs incurred
				  by the commission or any signatory party relating to the failure to comply with
				  the commission's Compact and regulations;
(5) the extent to which the violator has
				  cooperated with the commission in correcting the violation and remediating any
				  adverse consequences or harm that resulted therefrom; and
(6) whether the failure to comply with the
				  commission's Compact and regulations was economically beneficial to the
				  violator.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 837 - Penalties And Settlements In Lieu Of Penalties (article 7) › Section 837.7 - Enforcement of penalties

Current through Register Vol. 46, No. 28, July 10, 2024
Any penalty imposed by the commission shall be paid within
					 30 days or such further time period as shall be fixed by the commission. The
					 executive director and commission counsel are authorized to take such action as
					 may be necessary to assure enforcement of this Part. If a proceeding before a
					 court becomes necessary, the action of the commission in determining a penalty
					 amount shall constitute the penalty amount recommended by the commission to be
					 fixed by the court pursuant to section 14.17 of the Compact.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 837 - Penalties And Settlements In Lieu Of Penalties (article 7) › Section 837.8 - Settlement by agreement in lieu of penalty

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A possible violator may request
				  settlement of a penalty proceeding by agreement. If the executive director
				  determines that settlement by agreement in lieu of a penalty is in the best
				  interest of the commission, he may submit to the commission a proposed
				  settlement agreement in lieu of a penalty. No settlement will be considered by
				  the commission unless the possible violator has indicated to the commission
				  acceptance of the terms of the agreement and the intention to comply with all
				  requirements of the settlement agreement including payment of any settlement
				  amount within the time period provided.
(b) If the commission determines not to
				  approve a settlement agreement, the commission may proceed with a penalty
				  action in accordance with this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 837 - Penalties And Settlements In Lieu Of Penalties (article 7) › Section 837.9 - Suspension or modification of penalty

Current through Register Vol. 46, No. 28, July 10, 2024
The commission may postpone the imposition of a penalty or
					 provide for reconsideration of the penalty amount imposed pending correction of
					 the condition that gave rise to the violation or pending a satisfactory
					 resolution of any adverse consequences that resulted from the
					 violation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 837 - Penalties And Settlements In Lieu Of Penalties (article 7) › Section 837.10 to 837.19 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 838 - Public Access To Records And Information (article 8) › Section 838.1 - Policy on disclosure of commission records

Current through Register Vol. 46, No. 28, July 10, 2024
The commission will make the fullest possible disclosure of
					 records to the public, consistent with the rights of individuals to privacy,
					 the property rights of persons in trade secrets and confidential commercial or
					 financial information, and the need for the commission to promote frank
					 internal policy deliberations and to pursue its regulatory activities without
					 disruption.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 838 - Public Access To Records And Information (article 8) › Section 838.2 - Partial disclosure of records

Current through Register Vol. 46, No. 28, July 10, 2024
If a record contains both disclosable and non-disclosable
					 information, the nondisclosable information will be deleted and the remaining
					 record will be disclosed unless the two are so inextricably intertwined that it
					 is not feasible to separate them or release of the disclosable information
					 would compromise or impinge upon the nondisclosable portion of the
					 record.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 838 - Public Access To Records And Information (article 8) › Section 838.3 - Request for existing records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  written request to the commission for existing records not prepared for routine
				  distribution to the public shall be deemed to be a request for records pursuant
				  to the Freedom of Information Act, whether or not the Freedom of Information
				  Act is mentioned in the request, and shall be governed by the provisions of
				  this Part.
(b) Records or documents
				  prepared by the commission for routine public distribution, e.g., pamphlets,
				  speeches, public information and educational materials, shall be furnished free
				  of charge upon request as long as the supply lasts. The provisions of this Part
				  shall not be applicable to such requests.
(c) All existing commission records are
				  subject to routine destruction according to standard record retention
				  schedules.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 838 - Public Access To Records And Information (article 8) › Section 838.4 - Preparation of new records

Current through Register Vol. 46, No. 28, July 10, 2024
The Freedom of Information Act and the provisions of this
					 Part apply only to existing records that are reasonably described in a request
					 filed with the commission pursuant to the procedures herein established. The
					 commission shall not be required to prepare new records in order to respond to
					 a request for information.