reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 653 - Approval Of Realty Subdivisions › Section 653.4 - Sewerage facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 community sewerage system is required when:
(1) a subdivision is located in an existing
					 sewer district or service area;
(2)
					 a subdivision is reasonably accessible to an existing sewer district or service
					 area. This requirement shall apply in the absence of proof satisfactory to the
					 department that the developer cannot effect arrangements for the installation
					 and/or connection of the sewerage system to the existing sewer district or
					 service area facilities;
(3) the
					 soil percolation rate is slower than 60 min/in;
(4) the subdivision consists of 50 lots or
					 more;
(5) the subdivision consists
					 of 200 or more residents in the aggregate;
(6) a minimum separation of two feet cannot
					 be maintained between the lowest part of the leaching system and the highest
					 elevation of the top of the zone of water saturation, rock, hardpan or other
					 impermeable material at all times of year; or
(7) an approved comprehensive study
					 exists.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 653 - Approval Of Realty Subdivisions › Section 653.5 - Water facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 community water system is required when:
(1)
					 the subdivision is located in an existing water district or service
					 area;
(2) the subdivision is
					 reasonably accessible to an existing water district or service area. This
					 requirement shall apply in the absence of proof satisfactory to the department
					 that the developer cannot effect arrangements for the installation and/or
					 connection of the water system to the existing water district or service area
					 facilities;
(3) individual wells
					 cannot provide an average yield of 5 gpm;
(4) the subdivision consists of 50 lots or
					 more;
(5) the subdivision consists
					 of 200 or more residents in the aggregate;
(6) ground waters are nonpotable;
					 or
(7) an approved comprehensive
					 study exists.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 653 - Approval Of Realty Subdivisions › Section 653.6 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commissioner may on written application grant a variance from a specific
					 provision of this Part in a particular case, subject to appropriate conditions,
					 where such variance is in harmony with the general purpose and intent of this
					 Part.
(b) The commissioner may
					 impose more stringent requirements in a specific case when necessary to assure
					 an adequate and satisfactory water supply and sewerage facility for the
					 subdivision.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 653 - Approval Of Realty Subdivisions › Section 653.7 - Other environmental factors

Current through Register Vol. 46, No. 28, July 10, 2024
Upon request the developer shall provide the commissioner
						or his authorized representative with a report and such plans as may be needed,
						covering the following environmental factors:
(a) the method of solid waste collection and
					 disposal;
(b) the extent to which
					 proposed land uses and structures may cause air pollution;
(c) the methods for grading to prevent
					 changes in soil percolation capacity and to provide for adequate collection and
					 disposal of surface and ground water;
(d) the methods to prevent contravention of
					 surface and ground water quality standards;
(e) the effect on the subdivision of
					 environmental pollutants or hazards either on the property or from surrounding
					 areas, resulting from such facilities, activities or conditions as industrial
					 or commercial structures or operations, highways, solid waste disposal sites,
					 swamps, quarries, sink holes, limestone deposits, gravel pits, airports,
					 water-courses, agricultural uses, flood plains and unstable soil conditions;
					 and
(f) the potential effect of the
					 subdivision on environmental factors in surrounding areas.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 655 - Industrial Waste Treatment Facilities: Certification For Tax Purposes › Section 655.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, unless the context otherwise
						requires:
(a) The terms department,
					 commissioner, and waters of the State shall have the meanings ascribed to them
					 in section 17-0105  of the Environmental
					 Conservation Law.
(b) The term
					 industrial waste shall have the meaning ascribed in section 17-0105  of the Environmental
					 Conservation Law, and shall be interpreted for purposes of the tax incentive
					 program only to include also incidental amounts of sewage or other wastes
					 generated in association with wastewater from the manufacturing processes for
					 which the treatment facility is constructed, further provided that there shall
					 be no interference with treatment process operations, that effective treatment
					 is provided and maintained, and that such inclusions shall have been part of
					 the basis of approval of the constructed facilities.
(c) The term industrial waste treatment
					 facilities means facilities for the treatment, neutralization or stabilization
					 of industrial waste from a point immediately preceding the point of such
					 treatment, neutralization or stabilization to the point of disposal, including
					 the necessary pumping and transmitting facilities, but excluding such
					 facilities installed for the primary purpose of salvaging materials which are
					 usable in the manufacturing process or are marketable.
(d) The term certificate of compliance or
					 certificate means a certificate issued by the commissioner, or his designated
					 representative, indicating that an industrial waste treatment facility is in
					 compliance with applicable provisions of the Environmental Conservation Law,
					 the State Sanitary Code and regulations, permits or orders issued by the
					 commissioner pursuant to law.
(e)
					 The term regional office means the office of the regional director for the area
					 in which the industrial waste treatment facility is located.
(f) The term pretreatment device means an
					 industrial waste treatment facility installed and used prior to discharge into
					 a municipal sewer system.
(g) The
					 term sewer use ordinance includes local laws, codes, rules and regulations
					 pertaining to the use of a municipal sewer system, adopted by a governmental
					 subdivision of the State.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 655 - Industrial Waste Treatment Facilities: Certification For Tax Purposes › Section 655.2 - Eligible industrial waste treatment facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following industrial waste treatment
					 facilities, or portions thereof, are eligible for certification:
(1) facilities from a point immediately
					 preceding the treatment, neutralization or stabilization device or devices to
					 the point of discharge to the waters of the State, or to a municipal sewer
					 system;
(2) facilities whose
					 primary purpose is pollution abatement even though they may salvage marketable
					 materials;
(3) pretreatment devices
					 which produce an effluent that is in conformance with a municipal sewer use
					 ordinance;
(4) for purposes of Tax
					 Law deductions, facilities and pretreatment devices, the construction,
					 reconstruction, erection or improvement of which is initiated on or after
					 January 1, 1965;
(5) for purposes
					 of Real Property Tax Law exemptions, facilities and pretreatment devices which
					 were constructed or reconstructed subsequent to May 12, 1965.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 655 - Industrial Waste Treatment Facilities: Certification For Tax Purposes › Section 655.3 - Application for certification

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for a certificate of compliance shall be
						submitted in duplicate to the regional office on a form furnished by the
						commissioner.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 655 - Industrial Waste Treatment Facilities: Certification For Tax Purposes › Section 655.4 - Determination of eligibility for certification

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of an application for a certificate of
						compliance, the department shall cause an inspection to be made of the
						industrial waste treatment facility or pretreatment device for compliance with
						statutory requirements and these rules. In the case of pretreatment devices,
						the applicant shall secure from the chief administrator of the municipal sewer
						system a statement that the pretreatment device was installed pursuant to his
						approval and that such pretreatment device is accomplishing the necessary
						treatment, neutralization or stabilization, to produce an effluent which is in
						conformance with the municipal sewer use ordinance, and submit the statement in
						support of the application.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 655 - Industrial Waste Treatment Facilities: Certification For Tax Purposes › Section 655.5 - Issuance of certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Permanent certificates will be issued for eligible industrial waste treatment
					 facilities and pretreatment devices that have been completed and are properly
					 operating.
(b) Temporary
					 certificates will be issued for eligible facilities and devices, or portions
					 thereof, which have not been completed as of the time of inspection pursuant to
					 section
					 655.4.
					 Such certificates will apply only to construction which has been accomplished
					 during the applicable tax period and will expire at the close of the tax year
					 in which it was issued.
(c) A
					 certificate is issued for purposes of both section 17-0705 and
					 17-0707  of the Environmental
					 Conservation Law unless otherwise specified.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 655 - Industrial Waste Treatment Facilities: Certification For Tax Purposes › Section 655.6 - Revocation of certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If,
					 at any time, it becomes apparent that the classification and standards
					 applicable to receiving waters are being contravened, a local sewer use
					 ordinance is being violated, permit conditions are being violated or the
					 treatment facility ceases to be operated, or is not being properly operated or
					 maintained, a certificate of compliance will be subject to administrative
					 review and revocation.
(b)
					 Notification of revocation will be given to the certificate holder, the local
					 assessor, the State Board of Equalization and Assessment, and the New York
					 State Department of Taxation and Finance.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 656 - Sewage Effluent Standards For Marine Toilets In Watercraft Plying Waters Of The State › Section 656.1 - Standards

Current through Register Vol. 46, No. 28, July 10, 2024
Sewage passing through a marine toilet equipped with a
						chlorinator or chemical treatment facility from a watercraft underway in waters
						of the State shall be deemed treated if the undiluted effluent meets the
						following standards:
Items
Specifications
1.
Floating solids; settleable solids
Removal of substantially all floating and
								  settleable solids which are readily visible and attributable to sewage.
2.
Suspended solids
Not more than 50 parts per million.
3.
5-day biochemical and chemical oxygen demand.
Not more than 50 parts per million.
4.
Organisms of the coliform group
The median MPN value in any series of samples shall
								  not be in excess of 50 per 100 milliliters.
All other sewage or sewage effluent discharged from
						watercraft shall be deemed untreated.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 657 - Standards Of Safety For Marine Toilets › Section 657.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The terms watercraft, waters of this State, marine toilet
						and department are used herein as such terms are defined in section 33-c  of the Navigation
						Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 657 - Standards Of Safety For Marine Toilets › Section 657.2 - Types of marine toilets eligible for approval

Current through Register Vol. 46, No. 28, July 10, 2024
Subject to the provisions of sections
						657.3
						and
						657.4 
						of this Part the following types of marine toilets for use on watercraft may be
						approved by the department, to wit:
(a) Marine sewage retention
					 assemblies.
(b) Marine sewage
					 recirculating assemblies.
(c)
					 Marine sewage incinerating assemblies.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 657 - Standards Of Safety For Marine Toilets › Section 657.3 - Minimum safety requirements for marine toilets

Current through Register Vol. 46, No. 28, July 10, 2024
The types of marine toilets referred to above, in section
						657.2 
						of this Part shall meet the following safety standards, respectively:
(a) Marine sewage retention assemblies--Yacht
					 Safety Bureau Standard E-45, as amended, dated June 21, 1968, on file in the
					 department.
(b) Marine sewage
					 recirculating assemblies--Yacht Safety Bureau Standard E-49, as amended, dated
					 June 24, 1968, on file in the department.
(c) Marine sewage incinerating
					 assemblies--Yacht Safety Bureau Standard E-52, as amended, dated June 25, 1968,
					 on file in the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 657 - Standards Of Safety For Marine Toilets › Section 657.4 - Procedure for obtaining departmental approval for marine toilets

Current through Register Vol. 46, No. 28, July 10, 2024
Approval of the types of marine toilets referred to above
						in section
						657.2 
						of this Part shall be granted by the department on receipt of a certification
						from a laboratory which is currently and customarily engaged in the
						examination, testing and evaluation of such marine toilet or like device and
						which maintains adequate staff and facilities to perform such functions and
						which certification states that said marine toilet has been tested by it and
						meets the respective minimum safety standard set forth in section
						657.3 
						of this Part. Every such type of marine toilet, which is offered for sale, sold
						or used on any watercraft, in this State, shall bear an inscription, permanent
						tag or other permanent writing stating that the said marine toilet which has
						been previously tested, meets the safety standards set forth in section
						657.3 
						and has been approved by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 657 - Standards Of Safety For Marine Toilets › Section 657.5 - Review and withdrawal of approval by the department

Current through Register Vol. 46, No. 28, July 10, 2024
The department may, at any time, require further testing,
						review test results or terminate approval of any said type of marine toilet
						hereinabove referred to.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 658 - Hearing Procedures-water Pollution Control › Section 658.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part apply to proceedings,
						particularly hearings, under and pursuant to the provisions of article 12 of
						the Public Health Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 658 - Hearing Procedures-water Pollution Control › Section 658.3 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 notice of hearing shall specify the time, date and place of the hearing and the
					 fact that it is a public hearing.
(b) The notice of hearing, if accompanied by
					 a complaint, may incorporate any part thereof by reference.
(c) Except in case of emergency as provided
					 by section 1242 of the Public Health Law, the notice of hearing shall specify a
					 date for the hearing not earlier than 20 days after the service of the
					 notice.
(d) The notice of hearing
					 may contain therein a notice of motion for a summary order to be made upon the
					 return day, in which case it shall be accompanied by supporting proof. If upon
					 the return day contrary proof be not adduced by affidavit or otherwise relating
					 to a material issue, the hearing officer shall forthwith submit his report and
					 findings of fact to the commissioner who will summarily issue such order or
					 make such determination as the facts and circumstances of the case
					 require.
(e) The notice of hearing,
					 if not accompanied by a complaint, shall include a statement of the charges
					 upon which the proceeding was instituted, setting forth the nature of the
					 alleged violation or violations in plain and concise statements and in
					 consecutively numbered paragraphs, each paragraph containing as far as
					 practicable, a single allegation. The charges may be stated alternatively. A
					 copy of any writing which is attached to the notice of hearing shall be deemed
					 a part thereof for all purposes.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 658 - Hearing Procedures-water Pollution Control › Section 658.5 - The hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 hearing officer shall be designated as such who (1) has any pecuniary interest
					 in any matter or business involved in the proceedings, (2) is related within
					 the third degree by blood or marriage to any party to the proceedings, or (3)
					 has participated in the investigation proceeding or in the development of the
					 evidence to be introduced.
(b) The
					 hearing officer shall conduct the hearing in a fair and impartial
					 manner.
(c) Subject to review by
					 the commissioner as may be provided by law or by these rules, the hearing
					 officer shall have power to:
(1) rule upon
					 motions and requests;
(2) set the
					 time and place of hearing, adjourn the hearing from time to time and indicate
					 the place of hearing;
(3)
					 administer oaths and affirmations;
(4) issue subpoenas requiring the attendance
					 and testimony of witnesses and the production of books, records, contracts,
					 papers and other documentary evidence;
(5) summon and examine witnesses and receive
					 evidence;
(6) take or order the
					 taking of depositions;
(7) admit or
					 exclude evidence;
(8) hear argument
					 on facts or law;
(9) do all acts
					 and take all measures necessary for the maintenance of order and efficient
					 conduct of the hearing.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 658 - Hearing Procedures-water Pollution Control › Section 658.6 - Appearances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any party to a
					 hearing may appear in person and with counsel.
(b) Any person appearing on behalf of a party
					 in a representative capacity may be required to show his authority to act in
					 such capacity.
(c) If any party,
					 after being duly notified, fails to answer or appear at the hearing, he shall
					 be deemed to have waived the right to an oral hearing in the proceeding. In the
					 event that a party appears at the hearing and no party appears for the opposing
					 side, the party who is present shall have an election to present his evidence
					 in whole or in part, in the form of affidavits or by oral testimony before the
					 hearing officer, subject to the discretion of the hearing officer.
(d) Failure to appear at a hearing shall not
					 be deemed to be a waiver of the right to be served with a copy of the findings
					 of fact, final determination and order, and to proceed otherwise in any manner
					 prescribed by law.
(e) It shall not
					 be necessary for a respondent or his representative to physically appear on the
					 return day of the notice of hearing if the respondent shall have served a
					 verified answer or if he shall have served a notice of motion addressed to the
					 complaint and the hearing officer shall have set a time for hearing such motion
					 subsequent to the return day.
(f)
					 After all pleadings are served and all motions addressed to pleadings and all
					 motions for summary orders have been decided and resolved, the hearing officer
					 shall set a date for the hearing of any issues remaining and notify all parties
					 of such date and of the time of day and place of the hearing by regular mail
					 not less than 10 days prior to such hearing date. Unless the hearing officer
					 shall direct otherwise, the hearing shall proceed on the date so set and
					 noticed, and any issue in which an absent party has the burden of proof shall
					 be deemed resolved against him.
(g)
					 The hearing officer may open a default or relieve any party of the consequences
					 of any default upon a showing which would be required for the granting of
					 comparable relief in an action or special proceeding.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 658 - Hearing Procedures-water Pollution Control › Section 658.7 - Adjournments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application
					 for adjournment shall not be granted except for good cause and unless written
					 request is presented therefor to the hearing officer in advance of the
					 hearing.
(b) In the event a request
					 for an adjournment is made for the first time at the hearing, the hearing shall
					 not be deemed to have been adjourned unless the request is granted by the
					 hearing officer and is duly noted on the record.
(c) Adjournments when granted shall be to a
					 time, day and place certain.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 658 - Hearing Procedures-water Pollution Control › Section 658.8 - Consolidation; severance; non-joinder and mis-joinder of parties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
					 proceeding involving common questions of fact affecting a particular location
					 or area of pollution is pending before the hearing officer, the hearing
					 officer, upon his own initiative or upon motion of a party, may order a joint
					 hearing of any or all the matters in issue, may order the actions consolidated,
					 and may make such other orders concerning proceedings therein as may tend to
					 avoid unnecessary delay.
(b) In
					 furtherance of convenience or to avoid prejudice, the hearing officer may order
					 a severance of the hearing and may order separate hearings in respect to all
					 the issues or of any separate issue.
(c) Non-joinder of a party who should be
					 joined in the proceeding may be a ground for dismissal of a hearing without
					 prejudice unless the hearing officer allows the hearing to proceed without such
					 party.
(d) Mis-joinder of parties
					 is not a ground for dismissal of the charges. Parties may be added or dropped
					 by the hearing officer, on motion of any party or on his own initiative at any
					 stage of the hearing and upon such terms as may be just.
(e) The hearing officer may order any hearing
					 against a party severed and proceed with it separately.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 658 - Hearing Procedures-water Pollution Control › Section 658.9 - Intervention

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At any time
					 after the institution of a proceeding and before it has been submitted to the
					 commissioner for final determination and order, the commissioner or the hearing
					 officer may, upon a verified petition in writing and for good cause shown,
					 permit a person to intervene therein as a party.
(b) The petition of any person desiring to
					 intervene as a party shall state with preciseness and particularity:
(1) the petitioner's relationship to the
					 matters involved,
(2) the nature of
					 the material he intends to present in evidence,
(3) the nature of the argument he intends to
					 make, and,
(4) any other reason
					 that he should be allowed to intervene.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 658 - Hearing Procedures-water Pollution Control › Section 658.11 - Motions and requests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 motions and requests shall be submitted to the commissioner except that those
					 made during the course of a hearing shall be submitted to the hearing officer
					 or may be stated orally and made a part of the record.
(b) The submission of any motion, request,
					 objection or other question to the commissioner prior to the time that the
					 hearing officer's report and findings of fact are submitted to the commissioner
					 shall be at the discretion of the hearing officer.
(c) The hearing officer is authorized to rule
					 upon all motions and requests filed or made prior to the submission of his
					 report and findings of fact to the commissioner. The commissioner will rule
					 upon all motions and requests submitted after that time.
(d) Within eight days after service of any
					 pleading, statement of position, or bill of particulars, a party may move to
					 strike out any matter, allegation or defense therein as sham, scandalous,
					 repetitious, frivolous, redundant, or otherwise prejudicial or insufficient in
					 law or may move to make the pleading more definite and certain or to require
					 that the allegations thereof be separately stated and numbered. The party so
					 moved against may serve an amended pleading within six days after service of a
					 notice of such motion or within such time as the hearing officer shall direct
					 after the resolution of such motion, if any part of the relief moved for be
					 granted and it shall appear to him that, in the interests of substantial
					 justice, service of an amended pleading should be allowed.
(e) If it shall appear to the hearing officer
					 after argument or submission of a motion noticed pursuant to subdivision (d) of
					 section
					 658.3  hereof,
					 or a motion to strike as sham, frivolous or insufficient in law pursuant to
					 subdivision (d) of this section, in the notice of which motion a summary order
					 has been requested that, upon all the papers and proof submitted, the cause of
					 action or defense alleged by the moving party shall be established sufficiently
					 so that a court would be warranted as a matter of law in directing judgment in
					 favor of the moving party pursuant to rule 3212 of the Civil Practice Law and
					 Rules, the hearing officer will report to the commissioner his recommendation
					 that an order granting total or partial relief be granted. Upon refusal of the
					 commissioner to issue an order determining the proceeding, any remaining
					 triable issues shall be remanded to the hearing officer for trial.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 658 - Hearing Procedures-water Pollution Control › Section 658.12 - Request for stipulation of facts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At any time after the service of the
					 notice of hearing and the joining of issue, the hearing officer or any party
					 may demand either on the record at the hearing or by motion in writing in
					 advance of the hearing, that the opposing party stipulate as to facts not in
					 dispute or which fairly should not be in dispute.
(b) If the opposing party refuses without
					 reasonable and just cause to stipulate as to facts not in dispute or which
					 fairly should not be in dispute, the facts and evidence of the proposed
					 stipulation shall be shown with particularity and by numbered paragraphs. The
					 request or motion shall contain adequate references to the sources of the
					 matter set forth, and where such sources are in the possession of the moving
					 party or under his control, the motion shall also show that the opposing party
					 has had and has reasonable access thereto. Where there is disagreement with
					 respect to any paragraph, either in whole or in part, or where the disagreement
					 takes the form merely of a variance in the statement of the facts or evidence,
					 the response shall show the basis for the disagreement including references to
					 pertinent sources. Where the truth and authenticity of facts or evidence is not
					 disputed, an objection on the ground of materiality or relevance may be noted
					 but is not to be regarded as just cause for refusal to stipulate. Where motion
					 is made in writing, proof of service of the moving papers and response shall be
					 submitted with the original papers to the hearing officer.
(c) The hearing officer shall consider the
					 request for stipulation of facts and the response thereto, and shall rule on
					 such motion or request in respect to whether the facts and evidence covered in
					 said request or motion should not be accepted as established for the purposes
					 of the hearing.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 658 - Hearing Procedures-water Pollution Control › Section 658.13 - Stipulations and consent orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At any time prior to the issuance and
					 service of the notice of hearing in any proceeding, the commissioner, in his
					 discretion, may enter into a stipulation with a prospective respondent, whereby
					 the latter admits the material facts and agrees to discontinue the acts or
					 practices which are violative of the act. Such stipulation shall be admissible
					 as evidence of such acts and practices in any subsequent proceeding against
					 such person before the commissioner.
(b) At any time after the issuance and
					 service of a notice of hearing, the commissioner, in his discretion, may allow
					 a respondent to consent to an order and the filing thereof. In so consenting,
					 the respondent must submit for filing in the record, a stipulation or statement
					 in which he admits at least those facts necessary to the commissioner's
					 jurisdiction and agrees that an order may be entered against him.
(c) Upon a record composed of the notice of
					 hearing and the stipulation or agreement consenting to the order, the
					 commissioner may enter the order consented to by a respondent, which shall have
					 the same force and effect as an order after hearing.
(d) An agreement between parties or their
					 attorneys relating to any matter in a proceeding other than one made between
					 counsel on the record of the hearing is not binding upon a party unless it is
					 in a writing subscribed by him or his attorney or reduced to the form of an
					 order and filed in the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 658 - Hearing Procedures-water Pollution Control › Section 658.15 - Record of the hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Testimony given and other proceedings had at a hearing shall be reported
					 verbatim. A transcript of such report shall be part of the record and the sole
					 official transcript of the hearing.
(b) The record of the hearing shall include:
					 the notice of hearing, answer and reply if any; motions and requests submitted,
					 and rulings thereon; the transcript of the testimony taken at the hearing,
					 together with the exhibits submitted and filed therein; any statements
					 submitted and filed under the shortened procedure; stipulations, if any;
					 proposed findings of fact, conclusions and recommendations of the hearing
					 officer; and briefs as may have been submitted and filed in connection with the
					 hearing.
(c) A copy of the record
					 of the proceedings of said hearing shall be filed with the
					 department.
(d) Any party to the
					 proceeding may obtain a certified copy of the transcript of the hearing or a
					 part thereof from the hearing reporter, upon the payment of his fees allowed by
					 law therefor.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 658 - Hearing Procedures-water Pollution Control › Section 658.16 - The hearing officer's report and findings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As soon as practicable after the close of
					 the hearing, the hearing reporter shall transmit to the hearing officer the
					 transcript of the testimony and exhibits introduced in evidence at the
					 hearing.
(b) The hearing officer,
					 within a reasonable time after receipt of the record of the hearing, shall
					 prepare, upon the basis of the record, and shall submit to the commissioner and
					 file with the department, his report, findings of fact, conclusions and
					 recommendations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 658 - Hearing Procedures-water Pollution Control › Section 658.17 - Final determination and order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As soon after the receipt of the hearing
					 officer's report, findings of fact, conclusions and recommendations as
					 practicable, the commissioner shall make a final determination based upon the
					 record submitted to him.
(b) The
					 final determination shall be embodied in a final order which may provide for:
(1) the dismissal of the charges;
(2) assessment of penalties as provided by
					 the provisions of section 1250 of the Public Health Law;
(3) direction for abatement or prevention of
					 pollution of the waters or discontinuance of the discharge of sewage,
					 industrial wastes or other wastes which contravene the standards established
					 for any waters of the State;
(4) a
					 combination of any or all of the foregoing; or
(5) any determination which shall be deemed
					 appropriate by the commissioner under the circumstances.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 658 - Hearing Procedures-water Pollution Control › Section 658.18 - Service of papers

Current through Register Vol. 46, No. 28, July 10, 2024
All notices, papers and intermediary process connected
						with a hearing, other than the first notice of hearing or notice of hearing
						addressed to a party for the first time and the order containing the final
						determination of the commissioner, may be served by ordinary
						mail.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 658 - Hearing Procedures-water Pollution Control › Section 658.19 - Waiver of rules

Current through Register Vol. 46, No. 28, July 10, 2024
Any of the foregoing rules may be waived by stipulation
						of the parties concerned with the consent of the commissioner. If a hearing has
						been convened, such a waiver or stipulation shall require the consent of the
						hearing officer. The commissioner, or the hearing officer acting in his behalf,
						may waive any of the aforesaid rules; provided, however, he shall not waive
						those rules pertaining to the service of notice of hearing and service of the
						final order and determination.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 659 - Household Cleansing Products › Section 659.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following words and terms shall
						have the indicated meanings:
(a)
					 Household cleansing product shall mean any product, including but not limited
					 to, soaps and detergents containing a surfactant as a wetting or dirt
					 emulsifying agent and used primarily for domestic or commercial cleaning
					 purposes, including but not limited to the cleansing of fabrics, dishes, food
					 utensils and household and commercial premises. Household cleansing product
					 shall not mean:
(1) foods, drugs and
					 cosmetics, including personal care items such as toothpaste, shampoo and hand
					 soap;
(2) products labeled,
					 advertised, marketed and distributed for use primarily as pesticides, as
					 defined in article 33 of the Environmental Conservation Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 659 - Household Cleansing Products › Section 659.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to all household cleansing products
						distributed, sold, offered or exposed for sale in this State.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 659 - Household Cleansing Products › Section 659.3 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No household
					 cleansing product except those used in dishwashers, food and beverage
					 processing equipment and dairy equipment shall be distributed, sold, offered or
					 exposed for sale in this State which shall contain a phosphorus compound in
					 concentrations in excess of a trace quantity measured as elemental
					 phosphorus.
(b) No household
					 cleansing product used in dishwashers, food and beverage processing equipment
					 and dairy equipment shall be distributed, sold, offered or exposed for sale in
					 this State which shall contain phosphorus compound in concentrations in excess
					 of 8.7 percent by weight measured as elemental phosphorus.
(c) No household cleansing product containing
					 nitrilotriacetic acid (NTA) in excess of a trace quantity shall be distributed,
					 sold, offered or exposed for sale in this State.
(d) No person shall distribute, sell, offer
					 or expose for sale in this State any household cleansing product unless its
					 wrapper or container shall be plainly labeled as provided in section
					 659.4  of this
					 Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 659 - Household Cleansing Products › Section 659.4 - Labeling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Contents of
					 label.
(1) The wrapper or container of a
					 household cleansing product which contains no phosphorus or contains no
					 phosphorus other than a trace quantity shall bear a label having one of the
					 following legends: "Phosphate free," "No phosphate," "Phosphorus--trace amount"
					 or "Phorphorus--less than 0.5 percent by weight" or having language conveying
					 the same meaning which has been approved by the commissioner.
(2) A household cleansing product referred to
					 in section
					 659.3(b) 
					 of this Part, which contains more than trace quantities of phosphorus shall
					 bear a label which lists the percentage of elemental phosphorus contained
					 therein by weight to the nearest one-tenth of one percent and the grams of
					 elemental phosphorus to the nearest one-tenth of a gram per portion at the
					 recommended use level. The statement shall be clear and in nontechnical
					 language.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 659 - Household Cleansing Products › Section 659.5 - Analytical procedure

Current through Register Vol. 46, No. 28, July 10, 2024
Analysis to determine the total phosphorus content of a
						household cleansing product shall be performed in accordance with methods and
						procedures approved by the commissioner.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 659 - Household Cleansing Products › Section 659.6 - Disclosure of information

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Manufacturers of household cleansing products distributed, sold or offered for
					 sale in this State shall furnish to the commissioner for public record such
					 information regarding such products as the commissioner may require, in such
					 form as may be prescribed by the commissioner. For each household cleansing
					 product, such information shall include, but shall not be limited to:
(1) the amount of elemental phosphorus by
					 weight as measured to the nearest one-tenth of one percent;
(2) a list naming each ingredient which
					 equals or exceeds five percent of the contents of the product by weight and
					 specifying the content by weight of each ingredient to the nearest
					 percent;
(3) a list naming each
					 ingredient which does not equal or exceed five percent of the contents of the
					 product by weight, provided that ingredients which are present in trace
					 quantities need not be included on such list unless the commissioner
					 specifically requests any such ingredient to be listed and provided further
					 that the commissioner may require the listing of one or more of such
					 ingredients by weight to the nearest percent;
(4) the nature and extent of investigations
					 and research performed by or for the manufacturer concerning the effects on
					 human health and the environment of such product or such ingredients;
					 and
(5) a statement that the
					 product does not contain nitrilotriacetic acid (NTA) in excess of a trace
					 quantity.
Ingredients shall be listed using the generic chemical
						name which conforms with generally accepted rules of chemical
						nomenclature.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 660 - Tidal Wetlands-moratorium Permits › Section 660.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms when used in this Part shall have the
						following meanings:
(a) Act shall mean
					 the Tidal Wetlands Act (article 25 of the Environmental Conservation Law, as
					 from time to time amended).
(b)
					 Alter shall mean the performing of any activity which directly or indirectly
					 may have a significant adverse effect on the existing condition of any tidal
					 wetland, including but not limited to any form of draining, dredging,
					 excavation and removal, either directly or indirectly, of soil, mud, sand,
					 shells, gravel or other aggregate; any form of dumping, filling or depositing,
					 either directly or indirectly, of any soil, stones, sand, gravel, mud, rubbish
					 or fill of any kind; erection of any structures or construction of any roads,
					 the driving of any pilings or placing of any other obstructions, whether or not
					 changing the ebb and flow of the tide.
(1)
					 Alteration shall have a commensurate meaning.
(2) Ordinary and necessary maintenance and
					 repair of existing structures and areas, including but not limited to docks,
					 piers, wharves, pilings, dolphins and paved areas, shall not constitute an
					 alteration where such activity does not directly or indirectly have a
					 significant adverse effect on the existing condition of such wetland.
(3) The depositing or removal of the natural
					 products of the tidal wetlands in the process of recreational or commercial
					 fishing, shellfishing, aquaculture, hunting or trapping shall not constitute an
					 alteration where otherwise legally permitted.