New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 373 - Hazardous Waste Management Facilities › Subpart 373-1 - Hazardous Waste Treatment, Storage and Disposal Facility Permitting Requirements › Section 373-1.10 - Expanded public participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Pre-application public meeting and notice.
(1) Applicability. The requirements of this
					 subdivision shall apply to all Part 373 permit applications seeking initial
					 permits for hazardous waste management units. The requirements of this
					 subdivision shall also apply to Part 373 permit applications seeking renewal of
					 permits for such units, where the renewal application is proposing a significant
					 change in facility operations. For the purposes of this subdivision, a
significant change
is any change that would qualify as a major
					 permit modification under section
					 373-1.7(d) 
					 of this Subpart or would substantially alter the facility or its operation. The
					 requirements of this subdivision do not apply to permit modifications that are
					 submitted for the sole purpose of conducting post-closure activities or
					 post-closure activities and corrective action at a facility, or to applications
					 that are submitted for the sole purpose of conducting post- closure activities or
					 post-closure activities and corrective action at a facility.
(2) [
Reserved
].
(3) Prior to the submission of a Part 373
					 permit application for a facility, the applicant must hold at least one meeting
					 with the public in order to solicit questions from the community and inform the
					 community of proposed hazardous waste management activities. The applicant shall
					 post a sign-in sheet or otherwise provide a voluntary opportunity for attendees
					 to provide their names and addresses.
(4) The applicant shall submit a summary of the
					 meeting, along with the list of attendees and their addresses developed under
					 paragraph (3) of this subdivision, and copies of any written comments or
					 materials submitted at the meeting, to the department as a part of the Part 373
					 application, in accordance with section
					 373-1.5(a)(2) 
					 of this Subpart.
(5) The applicant
					 must provide public notice of the pre-application meeting at least 30 days prior
					 to the meeting. The applicant must maintain and provide to the department upon
					 request, documentation of the notice.
(i) The
					 applicant shall provide public notice in all of the following forms:
(a) A newspaper advertisement. The applicant
					 shall publish a notice, fulfilling the requirements in subparagraph (ii) of this
					 paragraph, in a newspaper of general circulation in the county or equivalent
					 jurisdiction that hosts the proposed location of the facility. In addition, the
					 commissioner shall instruct the applicant to publish the notice in newspapers of
					 general circulation in adjacent counties or equivalent jurisdictions, where the
					 commissioner determines that such publication is necessary to inform the affected
					 public. The notice must be published as a display advertisement.
(b) A visible and accessible sign. The
					 applicant shall post a notice on a clearly marked sign at or near the facility,
					 fulfilling the requirements in subparagraph (ii) of this paragraph. If the
					 applicant places the sign on the facility property, then the sign must be large
					 enough to be readable from the nearest point where the public would pass by the
					 site.
(c) A broadcast media
					 announcement. The applicant shall broadcast a notice, fulfilling the requirements
					 in subparagraph (ii) of this paragraph, at least once on at least one local radio
					 station or television station. The applicant may employ another medium with prior
					 approval of the commissioner.
(d) A
					 notice to the permitting agency. The applicant shall send a copy of the newspaper
					 notice to the department and to the appropriate units of local government, in
					 accordance with section
					 621.7  of
					 this Title.
(ii) The
					 notices required under subparagraph (i) of this paragraph must include:
(a) the date, time, and location of the
					 meeting;
(b) a brief description of
					 the purpose of the meeting;
(c) a
					 brief description of the facility and proposed operations, including the address
					 or a map (
e.g.,
a sketched or copied street map) of the facility
					 location;
(d) a statement encouraging
					 people to contact the facility at least 72 hours before the meeting if they need
					 special access to participate in the meeting; and
(e) the name, address, and telephone number of
					 a contact person for the applicant.