New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 621 - Uniform Procedures › Introduction › Section 621.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Adjudicatory
				  proceeding
means a proceeding conducted pursuant to ECL section
				  70-0119 and Article 3  of the State Administrative Procedure Act and Part 624 of
				  this Title. The adjudicatory proceeding is presided over by an administrative
				  law judge and may include public comment hearings, issues conferences, and
				  evidentiary hearings held pursuant to Part 624 of this Title to determine the
				  legal rights, duties or privileges of the named parties and potential parties
				  on a record and after an opportunity for a hearing.
(b)
Administrative law judge or
				  ALJ
means the commissioner's representative who conducts department
				  proceedings under this Part and Part 624 of this Title. Typically, the ALJ is
				  an employee of the department within the Office of Hearings and Mediation
				  Services.
(c)
Administrative SPDES Permit Renewal
means the renewal of an
				  existing State Pollutant Discharge Elimination System (SPDES) permit, for a new
				  permit term, utilizing abbreviated application and review procedures that defer
				  full technical review of permit provisions based on priority ranking described
				  in section 750-1.19  of this Title.
(d)
Applicant
means a
				  person, as defined in subdivision (z) of this section, filing appropriate
				  applications and supporting materials for the purpose of obtaining a permit
				  from the department. Eligible applicants are owners, lessees, and operators at
				  a project site or facility.
(e)
Chief permit administrator
means an employee of the department
				  located in the main office of the department and designated to act on the
				  commissioner's behalf in carrying out this Part.
(f)
Commissioner
means the
				  commissioner of environmental conservation, or any employee of the department
				  designated to act on the commissioner's behalf in carrying out this
				  Part.
(g)
Complete
				  application
means an application for a permit which is in an approved
				  form and is determined by the department to be complete for the purpose of
				  commencing review of the application, but which may need to be supplemented
				  during the course of review to enable the department to make the findings and
				  determinations required by law.
(h)
Day or days
means calendar days, as defined in section 19  of
				  the General Construction Law, unless otherwise specified in this
				  Part.
(i)
Delegated
				  permit
means a permit issued by the department for which a comparable
				  permit may be required by Federal law. Delegated permits include those for
				  which the department has been delegated the authority to make permit decisions
				  on or for which the state's regulatory program has been approved by the United
				  States Environmental Protection Agency pursuant to federal law. For the
				  purposes of this Part the term delegated applies to permits issued by the
				  department for the following programs:
(1)
				  Resource Conservation and Recovery Act (RCRA) of 1976,
				  42 United States Code
				  6901 et seq., (see section
				  370.1(e)  of this
				  Title), for any hazardous waste management facilities (HWMF) or remedial action
				  plans (RAP) under ECL article 27, title 9 except those limited to the disposal
				  of waste containing polychlorinated biphenyls (PCB) only;
(2) Clean Water Act (CWA) amendments,
				  33 United States Code
				  1251 et seq., 1987 (see section
				  750-1.25  of this Title) for State
				  pollutant discharge elimination systems (SPDES) involving discharge to surface
				  waters of the State, see Part 750 of this Title, under ECL article 17, title 8;
				  and
(3) Clean Air Act (CAA)
				  amendments, 42 United States
				  Code 7401 et seq., (see section
				  200.9  of this Title) for any air
				  pollution control source under ECL article 19 subject to any of the following
				  Federal requirements:
(i) New Source Review
				  Part 231 of this Title;
(ii) Title
				  V Facility Permits; or
(iii) Title
				  IV Facility Permits.