New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 377 - Siting of Industrial Hazardous Waste Facilities › Section 377.4 - Hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 15
				  calendar days after receipt of the notice of the complete certificate
				  application, the Governor is to constitute a facilities siting board pursuant to
				  section 27-1105 of the ECL for the purpose of conducting an adjudicatory hearing
				  on the certificate application.
(b)
				  The commissioner shall, simultaneously with the constitution of the board,
				  appoint a hearing officer to conduct an adjudicatory public hearing with respect
				  to any permit applications relating to the construction and operation of the
				  facility as set forth in article 8 and article 70 of the ECL. Such hearing shall
				  be held jointly with the board's hearing.
(c) At least 30 calendar days prior to the
				  commencement of the hearing, the department, or the applicant at the direction of
				  the department, shall give notice thereof in the same form and manner as provided
				  for in subdivisions
				  377.3(g) and (h)  of
				  this Part.
(d) At least two weeks
				  prior to the commencement of the joint hearing, the chairman of the board shall
				  direct the parties, their representatives or attorneys to appear for a prehearing
				  conference. At such prehearing conference, the board if designated lead agency
				  pursuant to Part 617 of this Title, either shall announce whether the DEIS as
				  prepared or accepted by the department is acceptable or shall set forth those
				  areas in which the DEIS is deficient. The applicant shall be directed to be
				  prepared to remedy any deficiencies during the joint hearing in a manner
				  satisfactory to the board. In the event that the board is designated lead agency
				  pursuant to Part 617 of this Title and subsequently determines that the DEIS has
				  major deficiencies in scope, it may direct the applicant to submit a supplemental
				  DEIS. In such situations, the board shall cause a revised notice of hearing to be
				  published in an identical manner to the original notice; such revised notice
				  shall reflect the fact that a supplemental DEIS has been prepared. Nothing in
				  this section shall limit the chairman's ability to use the prehearing conference
				  for other purposes as set forth in Part 624 or any other Part of this
				  Title.
(e) Within 60 calendar days
				  after their appointment, the board and the hearing officer shall conduct a joint
				  hearing with respect to the certificate application and any permit applications
				  required under the ECL for the construction and operation of the proposed
				  facility. Such hearing shall be conducted according to the procedures set forth
				  in Part 624 of this Title except to the extent that these procedures are modified
				  by this Part. The chairman of the board and the hearing officer shall enter into
				  a memorandum of agreement regarding their obligations and responsibilities with
				  respect to the conduct of the hearing. The applicant and all parties to the
				  hearing shall be provided with a copy of the memorandum of agreement.
(f) On or before 60 calendar days after receipt
				  by the board of a complete record as defined in paragraphs (a) through (e) of
				  subdivision 1 of section 302 of the State Administrative Procedure Act, the board
				  shall issue a hearing report including its determination on the certificate
				  application. The determination shall be based upon substantial evidence in view
				  of the entire record and shall result in a decision which either grants a
				  certificate containing any conditions the board deems appropriate or denies a
				  certificate. The board shall deny the certificate if:
(1) residential areas and contiguous
				  populations will be endangered;
(2)
				  the construction or operation of the facility would be contrary to local zoning
				  or land use regulations in force on the date the department receives the
				  application for an industrial hazardous waste facility. If a proposed facility
				  requires a zoning variance or special use permit in order to be consistent with
				  local zoning or land use regulations, the board may approve the certificate
				  conditioned upon the receipt of such variance or special use permit from the
				  appropriate local authority;
(3) the
				  facility does not conform to the siting criteria set forth in section
				  377.7  of this Part; or
(4) the board finds that the facility is not
				  necessary or is otherwise not in the public interest.
The chairman of the board shall mail written notice of its
					 decision to the applicant, the department and all parties to the hearing.