reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.14 - Individual agency procedures to implement seqr

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Article 8 of the Environmental
				Conservation Law requires all agencies to adopt and publish, after public
				hearing, any additional procedures that may be necessary for them to implement
				SEQR. Until an agency adopts these additional procedures, its implementation of
				SEQR will be governed by the provisions of this Part. If an agency rescinds its
				additional SEQR procedures, it will continue to be governed by this Part. The
				agency must promptly notify the commissioner, and the commissioner shall
				publish a notice in the ENB, of the adoption of additional procedures or the
				rescission of agency SEQR procedures.
(b) To the greatest extent possible, the
				procedures prescribed in this Part must be incorporated into existing agency
				procedures. An agency may, by local law, code, ordinance, executive order,
				resolution or regulation vary the time periods established in this Part for the
				preparation and review of SEQR documents, and for the conduct of public
				hearings, in order to coordinate the SEQR environmental review process with
				other procedures relating to the review and approval of actions. Such time
				changes must not impose unreasonable delay. Individual agency procedures to
				implement SEQR must be no less protective of environmental values, public
				participation and agency and judicial review than the procedures contained in
				this Part. This Part supersedes any SEQR provisions promulgated or enacted by
				an agency that are less protective of the environment.
(c) Agencies may find it helpful to seek the
				advice and assistance of other agencies, groups and persons on SEQR matters,
				including the following:
(1) advice on
				preparation and review of EAF's;
(2) recommendations on the significance or
				nonsignificance of actions;
(3)
				preparation and review of EISs and recommendations on the scope, adequacy, and
				contents of EISs;
(4) preparation
				and filing of SEQR notices and documents;
(5) conduct of public hearings; and
(6) recommendations to
				decisionmakers.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.15 - Actions involving a federal agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a draft and final EIS for an action
				has been duly prepared under the National Environmental Policy Act of 1969, an
				agency has no obligation to prepare an additional EIS under this Part, provided
				that the Federal EIS is sufficient to make findings under section
				617.11 
				of this Part. However, except in the case of Type II actions listed in section
				617.5  of this
				Part, no involved agency may undertake, fund or approve the action until the
				Federal final EIS has been completed and the involved agency has made the
				findings prescribed in section
				617.11 
				of this Part.
(b) Where a finding
				of no significant impact (FNSI) or other written threshold determination that
				the action will not require a Federal impact statement has been prepared under
				the National Environmental Policy Act of 1969, the determination will not
				automatically constitute compliance with SEQR. In such cases, state and local
				agencies remain responsible for compliance with SEQR.
(c) In the case of an action involving a
				Federal agency for which either a Federal FNSI or a Federal draft and final EIS
				has been prepared, except where otherwise required by law, a final decision by
				a Federal agency will not be controlling on any state or local agency decision
				on the action, but may be considered by the agency.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.16 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
When a project sponsor submits a completed EAF, draft or
				  final EIS, or otherwise provides information concerning the environmental
				  impacts of a proposed project, the project sponsor may request, consistent with
				  the Freedom of Information Law (FOIL), article 6 of the Public Officers Law,
				  that specifically identified information be held confidential. Prior to
				  divulging any such information, the agency must notify the applicant of its
				  determination of whether or not it will hold the information
				  confidential.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.17 - Referenced material

Current through Register Vol. 46, No. 28, July 10, 2024
The following referenced documents have been filed with the
				  New York State Department of State. The documents are available from the
				  Superintendent of Documents, U.S. Government Printing Office, Washington, DC
				  20402 and for inspection and copying at the Department of Environmental
				  Conservation, 625 Broadway, Albany, NY 12233-1750.
(a) National Register of Historic Places, (
				2018), 36 Code of Federal Regulation (CFR) Parts 60 and 63.
(b) Register of National Natural Landmarks, (
				2018), 36 Code of Federal Regulation (CFR) Part 62.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.18 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
				  person or circumstance is determined to be contrary to law by a court of
				  competent jurisdiction, such determination shall not affect or impair the
				  validity of the other provisions of this Part or the application to other
				  persons and circumstances
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.19 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This Part, as revised, applies to actions for which a
				  determination of significance has not been made prior to January 1, 2019.
				  Actions for which a determination of significance has been made prior to
				  January 1, 2019 must comply with this Part effective January 1,
				  1996.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.20 - Appendices

Current through Register Vol. 46, No. 28, July 10, 2024
Appendices A and B are model environmental assessment forms
				  that may be used to help satisfy this Part or may be modified in accordance
				  with sections
				  617.2 and
				  617.14 
				  of this Part.
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New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 618 - Implementation Of State Environmental Quality Review Act › Section 618.1 - Fees and costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Preparing EIS's for actions involving applicants. The department shall prepare
				an EIS for an action involving an applicant only where practicable considering
				existing staff and resources and when the public interest will be thereby
				served. In such cases, the department may charge a fee to the applicant for the
				cost of such preparation. The fee shall be calculated according to the
				following schedule, but in no event shall it exceed the fee caps established in
				section
				617.17  of
				this Title:
X[(A) + (A)(B) + (C)] = Fee
Where
A =personal service rate per hour
B =fringe benefits at the rate set annually by the
				  Comptroller
C =overhead at a rate of 35 percent of (A)(B)
X =time expressed in hours
The department preparation of an EIS shall include such items
				  as in-office evaluations and field inspections, materials testing, field
				  testing, laboratory analyses, research and original data collection.
(b) Notwithstanding the provisions
				of subdivision (a) of this section, the department shall charge a fee to an
				applicant in order to recover the actual costs incurred by the department for
				the review or preparation of an EIS by employees whose salary and expenses are
				paid in whole or in part from the conservation fund as established pursuant to
				section 83 (a)  of the State Finance
				Law, for any action for which the department is an involved agency as defined
				in section
				617.2(t) 
				of this Title.
(1) The department is not
				required to recover such costs where the administrative expense would exceed
				the costs.
(2) The department shall
				provide the applicant, upon request, with an estimate of the cost for the
				review or preparation of an EIS by department employees whose salary and
				expenses are paid in whole or in part from the conservation fund.
(3) The department may require security to
				ensure payment of fees and may withhold, suspend or revoke a permit if the fees
				required under this subdivision are not paid.
(4) All costs, consistent with this
				subdivision, incurred on or after the effective date of this amendment must be
				reimbursed to the conservation fund.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 618 - Implementation Of State Environmental Quality Review Act › Section 618.2 - Lists of actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) The purpose of this section is to
				simplify the task of determining whether or not a proposed action may have a
				significant effect on the environment by identifying actions or classes of
				actions that are likely to have a significant effect and those which will not
				have a significant effect. Because of the complex and varied nature of
				department actions, the lists in this section are not all inclusive. The
				omission from the lists of an action does not mean that it is exempt from this
				Part, nor does it mean that it is automatically an action requiring
				environmental impact statement preparation. The criteria set forth in section
				617.9 
				of this Title shall be used to determine significance with respect to actions
				not listed in this section. The following classification system is used in this
				section:
(2) Type II. Actions or
				classes of actions which have been determined not to have a significant effect
				on the environment and which do not require environmental impact statements
				under this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 619 - Applicability Of Regulations And Statutes › Section 619.1 - Petition for declaratory ruling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department may, on petition, issue a
				declaratory ruling with respect to:
(1) the
				applicability to any person, property or state of facts of any regulation or
				statute which the department enforces, and
(2) whether any action by the department
				should be taken pursuant to a regulation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 619 - Applicability Of Regulations And Statutes › Section 619.2 - Issuance of declaratory ruling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 30 days of the receipt of a
				complete petition for a declaratory ruling, pursuant to section
				619.1(a)(1) 
				of this Part and within 60 days of the receipt of a complete petition for a
				declaratory ruling pursuant to section
				619.1(a)(2) 
				of this Part, the general counsel shall issue and mail to the petitioner either
				a ruling or, where any of the grounds set forth in section
				619.3 
				of this Part exist, a written notification that a ruling shall not be issued
				and a statement of the reasons therefor. All rulings shall be filed in the
				Office of General Counsel and shall be available to the public pursuant to the
				provisions of Part 616 of this Title, Access to Records.
(b) Rulings will be made on the facts alleged
				in the petition and those facts will be assumed to be true. The department also
				may take official notice of a fact not subject to reasonable dispute if it is
				either generally known or can be accurately and readily verified.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 619 - Applicability Of Regulations And Statutes › Section 619.3 - Grounds for declining to issue a declaratory ruling

Current through Register Vol. 46, No. 28, July 10, 2024
The general counsel may decline to issue a declaratory
				  ruling. The grounds for such declination are:
(a) the petition does not raise a question of
				the applicability of any regulation or statute enforceable by the
				department;
(b) the petition raises
				issues which are, have been or should have been the subject of department
				review pursuant to an application for a permit, license, certificate or other
				approval or are the subject of an enforcement proceeding;
(c) the petition raises issues that are the
				subject of pending rule making or litigation;
(d) the declaratory ruling is an
				inappropriate means of resolving the issues raised in the petition;
				or
(e) a response to the petition
				is not in the public interest; or
(f) the petition does not contain sufficient
				information or the petitioner has not adequately responded to the department's
				request for additional information needed to decide the issues
				presented.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 619 - Applicability Of Regulations And Statutes › Section 619.4 - Overlapping regulations; compliance determinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person subject to a requirement
				imposed by a State statute or rule administered by the department and to a
				similar requirement imposed by the Federal government may, pursuant to this
				Part, petition the general counsel for a declaratory ruling as to whether
				compliance with the Federal requirement will be accepted as compliance with the
				State requirement. Upon receipt of any such petition, the department shall
				submit a copy thereof to the Office of Business Permits and Regulatory
				Assistance.
(b) If the general
				counsel determines that compliance with the Federal requirement would not
				satisfy the purpose of relevant provisions of the State statute or rule
				involved, the general counsel shall so inform the petitioner in writing,
				stating the reasons therefor, and may issue a declaratory ruling to that
				effect. A copy of such written statement of reasons and any such declaratory
				ruling shall be submitted by the department to the Office of Business Permits
				and Regulatory Assistance.
(c) If
				the general counsel determines that compliance with the Federal requirement
				would satisfy the purposes and relevant provisions of the State statute
				involved but that it would not satisfy the relevant provisions of the State
				rule involved, the general counsel shall so inform the petitioner and the
				Office of Business Permits and Regulatory Assistance and may initiate a rule
				making proceeding in accordance with the State Administrative Procedure Act to
				consider revising such rule to allow compliance with such Federal requirement
				to be acceptable as being consistent with the requirements and purposes of such
				State statute.
(d) If the general
				counsel determines that compliance with the Federal requirement would satisfy
				the purposes and relevant provisions of both the State statute and rules
				involved, the general counsel shall issue a declaratory ruling indicating its
				intention to accept compliance with the Federal requirement as compliance with
				the State requirements, and the terms and conditions under which it intends to
				do so. A copy of such declaratory ruling shall be submitted by the department
				to the Office of Business Permits and Regulatory Assistance.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 620 - Procedures For Issuance Of Summary Abatement Orders › Section 620.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, unless the context otherwise
				  requires:
(a) Administrative law judge
				or ALJ means the commissioner's representative who conducts the
				hearing.
(b) 'Commissioner' means
				the Commissioner of Environmental Conservation of the State of New York or the
				commissioner's designee.
(c)
				'Department' means the Department of Environmental Conservation of the State of
				New York.
(d) 'Department staff'
				means those department personnel participating in the hearing, but does not
				include the commissioner, any personnel of the Office of Hearings and Mediation
				Services, the ALJ or any person advising or consulting with the commissioner or
				ALJ.
(e) 'Person' means any
				individual, public or private corporation, limited liability company, bi-state
				authority, political subdivision, government agency, department or bureau of
				the State, municipality, industry, partnership, association, firm, trust,
				estate or any legal entity whatsoever.
(f) Respondent means any person who has
				received a summary abatement order under these regulations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 620 - Procedures For Issuance Of Summary Abatement Orders › Section 620.2 - General procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Whenever the commissioner finds, after an investigation, that any person is
				causing, engaging in or maintaining a condition or activity which, in the
				judgment of the commissioner:
(1) presents an
				imminent danger to the health or welfare of the people of the State, or results
				in or is likely to result in irreversible or irreparable damage to natural
				resources; and
(2) relates to the
				prevention and abatement powers of the commissioner in that the condition or
				activity pertains to or affects any of the objectives or goals of the
				Environmental Conservation Law, or relates to any of the permit, licensing, or
				regulatory programs of the Department; so that it appears to be prejudicial to
				the interest of the people of the State to delay action until an opportunity
				for hearing can be provided, the commissioner may, without prior hearing or
				notice, order such person to discontinue, abate or alleviate such condition or
				activity.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 620 - Procedures For Issuance Of Summary Abatement Orders › Section 620.4 - Subsequent applications or proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
The results of the hearing on the summary abatement order
				  shall be without prejudice to the right of a person to apply for a permit or
				  license from the department to conduct any activity or maintain any condition,
				  pursuant to any of the permit or licensing programs administered by the
				  department and shall also be without prejudice to the authority of the
				  department or any other person to take any action on account of any violation
				  of law, rule, regulation or order arising out of the events, situations or
				  circumstances which led to the issuance of the summary abatement
				  order.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 621 - Uniform Procedures › Permit Application Procedures › Section 621.3 - General requirements for applications

Current through Register Vol. 46, No. 28, July 10, 2024
Following are general requirements for applications for
					 permits covered by this Part. Additional requirements are provided in section
					 621.4  of this Part. Copies of
					 forms, regulations and guidelines referred to in this Part are available from
					 the department's regional permit administrators at the locations listed in
					 section 621.19  of this Part and on the
					 department's website.
(a) General
				  requirements for complete application. To be determined complete for the
				  purpose of commencing department review, the application must meet the
				  requirements in section
				  621.4  of this Part and the
				  following requirements:
(1) The application
				  must include the following items:
(i) properly
				  completed department application form(s);
(ii) a map with the location of the project
				  clearly identified;
(iii) for
				  projects involving construction, plans or drawings with sufficient detail to
				  show:
(a) the existing and proposed
				  conditions, including the locations of all existing and proposed structures,
				  including any new or modified utilities;
(b) the limits of all site disturbance and
				  grading;
(c) locations of property
				  lines;
(d) the date and name of the
				  preparer;
(e) locations of
				  temporary work areas and equipment access;
(f) locations and types of measures that will
				  be used to control pollution (e.g., erosion control); and
(g) all information that may be required on
				  plans or drawings in specific program implementing regulations.
(iv) for projects involving
				  operation of a facility regulated under this Part, all operational manuals,
				  plans, and engineering documents necessary to describe the full scope of
				  regulated activities and the environmental controls necessary to meet the
				  relevant pollution control limits, including any information that may be
				  required in specific program implementing regulations;
(v) Engineers certifying documents must be
				  licensed in New York State.
(vi)
				  Landowner permission for DEC staff to access the project or facility site for
				  purposes described in subdivision
				  621.6(b)  of this
				  Part.
(vii) Any additional
				  supporting documentation or supplemental information required by the specific
				  program implementing regulations and this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 621 - Uniform Procedures › Permit Application Procedures › Section 621.4 - Requirements for specific permit applications

Current through Register Vol. 46, No. 28, July 10, 2024
This section identifies the minimum information needed to
					 determine that an application is complete and, where required, for making a
					 tentative determination. Supplemental information may be requested before and
					 after the application has been determined to be complete. A list of major and
					 minor permit actions for each permit type is included in this section.
					 Implementing regulations have been promulgated by the department for most
					 activities; in some cases, interpretive guidelines have also been issued.
					 Regulations cited in the subdivisions below should be consulted for
					 supplemental requirements when preparing a permit application.
(a) Use and Protection of Waters, Permits
				  under Part 608 of this Title, article 15, title 5 of the ECL.
(1) Disturbance of the bed or banks of a
				  protected stream.
(i) A complete application
				  must include a completed joint application form; plan and profile and cross
				  section drawings of the project and a location map.
(ii) Minor stream bed or bank disturbance
				  actions include repair, replacement, rehabilitation or reconstruction of a
				  structure or facility, in-kind, on the same site; and disturbances of less than
				  500 lineal feet along any 1,000 feet (304.8 meters) of watercourse.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 621 - Uniform Procedures › Permit Application Procedures › Section 621.5 - Optional preapplication conferences

Current through Register Vol. 46, No. 28, July 10, 2024
If a proposed project may require more than one department
					 permit, or the preparation of an environmental impact statement the prospective
					 applicant is encouraged to request a preapplication conference with appropriate
					 department staff as a means of clarifying application content and procedures.
					 This request should be made to the regional permit administrator at the
					 appropriate location listed in section
					 621.19  of this Part. It should be
					 made at the earliest possible stage of the applicant's project planning. The
					 applicant must submit project plans and other relevant information to the
					 department before the conference. At the conference, the proposed project will
					 be informally discussed, permit requirements identified, and the applicant will
					 be provided with guidance in the mechanics of the application and review
					 process based on information provided by the applicant.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 621 - Uniform Procedures › Permit Application Procedures › Section 621.6 - Departmental action on applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications must be
				  submitted to the regional permit administrator listed in section
				  621.19  of this Part for a
				  determination of completeness and initiation of review. For permit applications
				  reviewed by the department's central office, applications must be submitted to
				  the chief permit administrator for a determination of completeness and
				  initiation of review.
(b) In
				  reviewing an application for a permit, department staff ordinarily inspects the
				  project site or facility and surrounding area to verify existing conditions,
				  determine the accuracy of materials submitted in the application, assess
				  impacts of a project on the environment in the immediate and surrounding area,
				  and determine whether the project satisfies applicable permitting standards.
				  During an inspection, among other things, measurements may be made, physical
				  characteristics of the site may be analyzed, including but not limited to soils
				  and vegetation, and photographs may be taken. Ordinarily, site visits will
				  occur between 7 a.m. and 7 p.m. Monday through Friday. Unusual circumstances
				  including (but not limited to) emergencies or disasters may require site
				  inspections outside of these hours. Failure of an applicant, or the property
				  owner if different than the applicant, to allow access to the site or facility
				  can be grounds for, and may result in, the department deeming the application
				  incomplete or permit denial.
(c)
				  The department must mail notice of its determination of completeness or
				  incompleteness to the applicant for:
(1)
				  delegated permits: on or before 60 days after receipt of the application,
				  except for minor modifications to Title V facility permits as described in Part
				  201 of this Title which shall follow the timeframe under paragraph (2) of this
				  subdivision;
(2) all other permits:
				  on or before 15 days after receipt of the application; and
(3) projects requiring both delegated and
				  nondelegated permits: on or before 60 days after receipt of the
				  application.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 621 - Uniform Procedures › Permit Application Procedures › Section 621.7 - Public notice and comment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon determining that an
				  application is complete and is for a major project, the department must:
(1) provide notice to the chief executive
				  officer of the municipality in which the proposed project is to be located, and
				  to any person who has previously expressed in writing an interest in receiving
				  such notification; and
(2) publish
				  a notice of complete application in the Environmental Notice Bulletin no more
				  than 10 days after the date of notice to the applicant.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 621 - Uniform Procedures › Permit Application Procedures › Section 621.9 - Settlement conferences

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Under certain
				  circumstances, a settlement conference may offer a more effective and efficient
				  way to resolve disputes over applications than an adjudicatory proceeding. A
				  settlement conference is an opportunity for frank and open discussion between
				  parties in the presence of an administrative law judge that may result in the
				  resolution of outstanding issues. The purpose of the conference is to allow
				  both parties to participate in good faith in the process of narrowing and
				  resolving areas of disputes. The further option of an adjudicatory proceeding
				  may still be exercised should resolution not be achieved.
(b) The regional permit administrator may
				  offer an applicant the option to participate in a settlement conference, or the
				  applicant may request a settlement conference, if the application meets the
				  following conditions:
(1) no draft
				  environmental impact statement has been required to be prepared;
(2) public notice has been published (unless
				  the application is for a minor project);
(3) no substantive public comments have been
				  received or public concerns identified;
(4) there remain unresolved departmental
				  concerns with the proposed project that could result in either permit denial or
				  substantial modification; and
(5)
				  the applicant has agreed to a suspension of the time period for a decision
				  pursuant to section
				  621.14(a)  of this
				  Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 621 - Uniform Procedures › Permit Application Procedures › Section 621.10 - Final decisions on applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department or its
				  agent shall mail to the applicant and its representative, if applicable, a
				  decision in the form of a permit, a permit with conditions or a statement that
				  the permit applied for has been denied, with an explanation for the denial.
				  This must be done within the following time periods:
(1) for a minor project for which no public
				  comment hearing has been held, on or before 45 days after the date the
				  application was complete;
(2) for a
				  major project for which no public comment hearing has been held, on or before
				  90 days after the date the application was complete;
(3) for any application for which a public
				  comment hearing has been held, on or before 60 days after the receipt by the
				  department of the complete hearing record;
(4) for any application for which an
				  adjudicatory proceeding has been held, the decision will be issued pursuant to
				  section 624.13  of this Title;
(5) for a project which a lead agency has
				  determined may have a significant impact on the environment under SEQR, the
				  time periods specified in this Part shall be suspended not less than 35 days
				  prior to the date on which a final decision is required pursuant to this Part,
				  pending receipt from the lead agency of either a final environmental impact
				  statement, or a negative declaration. Upon receipt of these materials the time
				  periods shall resume.
(6)
				  Notwithstanding the time periods established in paragraphs (2) and (3) of this
				  subdivision, for applications for Title V facility permits, the department may
				  not issue a final decision unless the EPA has been provided 45 days to review
				  any responsiveness summary, and the proposed permit issued by the department in
				  accordance with subdivision (e) of this section. The public may petition the
				  EPA to object to the issuance of the proposed permit and the EPA may bar
				  issuance of the proposed permit (see Part 201 of this Title).
(7) If a decision is required to meet time
				  frame(s) specified in a Federal statute or regulation, the department may issue
				  its decision consistent with the time frames set forth in Federal statute or
				  regulation, notwithstanding the time periods established in paragraphs (2) and
				  (3) of this subdivision, or other review procedures identified in this
				  Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 621 - Uniform Procedures › Permit Application Procedures › Section 621.11 - Applications for permit renewals, reissuances and modifications, including transferring or relinquishing permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless instructed
				  otherwise, applications to renew or modify permits, except SPDES permit
				  renewals, must be submitted to the regional permit administrator of the region
				  in which the facility is located (see section
				  621.19  of this Part). Applications
				  must provide information supporting the action sought, and, if for a
				  modification, must include a statement of necessity or reasons for
				  modification.
(1) Applications for renewal
				  must be submitted no less than 180 days prior to permit expiration for the
				  following permit types: HWMF, RAPs, Air State Facility permits, title V
				  facility permits, and title IV facility permits, SWMF permits, Water Withdrawal
				  permits, Long Island Well permits, Radiation Control permits, and Mined Land
				  Reclamation permits.
(2)
				  Applications for renewal of permit types not listed above in paragraph (1) of
				  subdivision (a) of this section and are listed in subdivision (m) of this
				  section must be submitted no less than 30 days prior to the
				  expiration.
(3) The foregoing
				  deadlines apply unless otherwise stated as a condition of the permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 621 - Uniform Procedures › Miscellaneous Procedures › Section 621.12 - Emergency authorizations

Current through Register Vol. 46, No. 28, July 10, 2024
For projects carried out in response to an emergency, the
					 following procedures shall apply:
(a)
				  All procedural requirements of this Part related to application processing are
				  waived, except as provided in this section.
(b) Before any emergency action or project
				  can start, the department must be notified, as specified in subdivision (d) of
				  this section and must determine whether to deny or grant approval pursuant to
				  subdivision (e) of this section.
(c) If a state agency or local government or
				  a public benefit corporation must take immediate action to address an emergency
				  and notifying the department is not possible, the agency, local government or
				  public benefit corporation may start work and then notify the department within
				  24 hours after starting work. The department must respond pursuant to
				  subdivision (f) of this section.
(d) Notification to the department under
				  subdivision (b) or (c) of this section, must be mailed (which includes
				  electronic means) to the regional permit administrator as listed in section
				  621.19  of this Part. The
				  notification must include the following information:
(1) a description of the emergency action,
				  including the time needed to carry it out;
(2) a location map and plan drawing of the
				  emergency action;
(3) the reasons
				  why the situation is an emergency, as defined in this Part, based on the
				  immediate protection of life, health, general welfare, property, or natural
				  resources;
(4) all steps that will
				  be taken to minimize environmental impacts; and
(5) any additional information the department
				  requests to support a finding of emergency.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 621 - Uniform Procedures › Miscellaneous Procedures › Section 621.13 - Permit modifications, suspensions, or revocations by the department

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permits may be modified,
				  suspended, or revoked at any time by the department on the basis of any ground
				  set forth in paragraphs (1) through (6) of this subdivision:
(1) materially false or inaccurate statements
				  in the permit application or supporting papers;
(2) failure by the permittee to comply with
				  any terms or conditions of the permit;
(3) exceeding the scope of the project as
				  described in the permit application;
(4) newly discovered material information or
				  a material change in environmental conditions, relevant technology or
				  applicable law or regulations since the issuance of the existing
				  permit;
(5) noncompliance with
				  previously issued permit conditions, orders of the commissioner, any provisions
				  of the Environmental Conservation Law or regulations of the department related
				  to the permitted activity; or
(6)
				  for SPDES permits, in addition to paragraphs (1) through (5) of this
				  subdivision, any of the reasons listed in section
				  750-1.18(b)(1) through
				  (7)  of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 621 - Uniform Procedures › Miscellaneous Procedures › Section 621.15 - Conceptual review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A project sponsor may
				  request the regional permit administrator to conduct a conceptual review of the
				  substantive consistency of the project or any component thereof with current
				  State environmental policy and standards at the time of submission of an
				  application (which need not be complete) if:
(1) the project will involve a major land use
				  (e.g., housing subdivision, planned unit development, new community, regional
				  shopping center, manufacturing plant, office center, public or private
				  institution such as schools, hospitals, civic centers, etc.);
(2) the expense of preparing detailed plans,
				  specifications, and applications, without conceptual review, will constitute an
				  undue burden on the project sponsor, considering the risks involved and the
				  alternatives available; or
(3) in
				  determining whether to grant conceptual review, the department shall give
				  special consideration to cases involving projects which are likely to require
				  multiple permits from the department, which will take place in phases over a
				  period of time, or which involve factual determinations of a difficult issue or
				  issues.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 621 - Uniform Procedures › Miscellaneous Procedures › Section 621.16 - Referenced material

Current through Register Vol. 46, No. 28, July 10, 2024
Some of the regulatory programs listed in section
					 621.1  of this Title have
					 incorporated laws, regulations, technical and other documents by reference. In
					 each of these cases, eferenced] documents incorporated by reference have been
					 filed with the Department of State as required by the New York State
					 Constitution and the State Administrative Procedure Act. Documents published by
					 the Federal government are available from the Superintendent of Documents, U.S.
					 Government Printing Office, Washington, DC 20402 and for inspection and copying
					 at the Department of Environmental Conservation, 625 Broadway, Albany, NY
					 12233-1750. Documents incorporated by reference can also be found on the
					 department's website or page corresponding to the particular program's page on
					 the website. As an aid to identifying documents that have been incorporated by
					 reference, the table below shows the location of lists of incorporated by
					 reference materials for some of the programs listed in section
					 621.1:
Program
Cross-reference to Incorporation by Reference
								  Page
Hazardous Waste Management
6 NYCRR 370.1(e)
Federal Water Pollution Control Act (Clean Water
								  Act)
6 NYCRR 750-1.25
Solid Waste Management Facilities
6 NYCRR 360.3
Federal Water Pollution Control Act, Section 401
								  (Water Quality Certifications)
6 NYCRR 608.9(c)
Air Pollution Control
6 NYCRR 200.9
See Part 200 of this Title for references to
								  those Federal air pollution control regulations promulgated under title 40 of
								  the Code of Federal Regulations that have been delegated by the EPA to the
								  department to implement.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 621 - Uniform Procedures › Miscellaneous Procedures › Section 621.17 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
					 person or circumstance is determined to be contrary to law by a court of
					 competent jurisdiction, such determination does not affect or impair the
					 validity of the other provisions of this Part or the application to other
					 persons and circumstances.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 621 - Uniform Procedures › Miscellaneous Procedures › Section 621.18 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to applications received by the
					 department on or after the effective date of this regulation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 622 - Uniform Enforcement Hearing Procedures › Section 622.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part is
				applicable to hearings conducted by the department arising out of the following
				circumstances, and supersedes any inconsistent regulations except to the extent
				explicitly noted:
(1) all administrative
				enforcement proceedings brought pursuant to the Environmental Conservation Law
				(ECL) or other laws administered by the commissioner;
(2) any proceeding brought pursuant to ECL
				71-0301 (summary abatement) or ECL 71-1709 and 71-1719 (summary action) except
				to the extent inconsistent with the provisions of Part 620 of this
				Title;
(3) any proceeding brought
				pursuant to State Administrative Procedure Act (SAPA) section 401(3);
(4) any proceeding brought pursuant to ECL
				15-0507 or ECL 15-0511 (dam safety);
(5) any proceeding brought pursuant to ECL
				27-1313 (inactive hazardous waste disposal site remedial programs) unless
				superseded by Part 375 of this Title;
(6) a request for a hearing made by a
				permittee pursuant to provisions of section
				621.13 
				of this Title (permit modifications, suspensions or revocations by the
				department) or any other department initiated modification, suspension or
				revocation providing notice and the opportunity to be heard consistent with
				section
				621.13 
				of this Title, where the basis for modification, suspension or revocation is
				founded on matters which, in whole or in substantial part, constitute a
				violation of the ECL, its implementing regulations or an order or permit, as
				defined herein, issued by the department;
(7) any expedited proceeding brought pursuant
				to paragraph 613-5.4(a)(3) (petroleum delivery prohibition) of this Title
				except to the extent inconsistent with the provisions of that
				paragraph;
(8) proceedings on
				termination of appointment pursuant to Parts 183 and 184 of this Title and
				denial of state operation and maintenance aid for municipal sewage treatment
				plants; and
(9) any other
				proceeding that is either enforcement or disciplinary in character.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 622 - Uniform Enforcement Hearing Procedures › Section 622.3 - Commencement of a proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				'Notice of hearing and complaint.'
(1)
				Department staff may commence an administrative proceeding by the service of a
				notice of hearing. If the proceeding is commenced by a notice of hearing, it
				must be accompanied by a complaint. The complaint must be signed and dated by a
				department attorney and contain:
(i) a
				statement of the legal authority and jurisdiction under which the proceeding is
				to be held;
(ii) a reference to the
				particular sections, subsections, paragraphs and subparagraphs of the statutes,
				rules and regulations alleged to have been violated;
(iii) a plain and concise statement of the
				matters asserted in consecutively numbered paragraphs. Each cause of action
				must be separately stated and numbered;
(iv) a demand for the relief sought, which
				may include relief in the alternative or different types of relief;
				and
(v) the name, mailing address
				and telephone number of the department attorney.
(vi) The complaint will be considered to have
				been signed by a department attorney if it bears:
('a') the physical signature of the attorney;
				or
('b') the attorney's signature
				scanned into an electronic format that reproduces the signature, provided the
				signatory affixed the digital image of his or her signature to the
				complaint.