reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter E - NOISE › Part 454 - Correction Factors › Section 454.5 - Application of correction factors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
				  two correction factors apply to a measurement, they are applied
				  cumulatively.
(b) The following
				  examples illustrate the application of correction factors to sound level
				  measurement readings:
(1) Example 1--highway
				  operations. Assume that a motor vehicle generates a maximum observed sound level
				  reading of 86 dB(A) during a measurement in accordance with Part 452 of this
				  Title. Assume also that the distance between the microphone location point and
				  the microphone target point is 60 feet (18.3 m), and that the measurement area of
				  the test site is acoustically "hard". The corrected sound level generated by the
				  motor vehicle would be 85 dB(A), calculated as follows:
86 dB(A) Uncorrected reading
+ 1 dB(A) Distance correction factor
- 2 dB(A) Ground surface correction factor
________
85 dB(A) Corrected reading
(2) Example 2--stationary test. Assume that a
				  motor vehicle generates maximum sound level readings which average 88 dB(A)
				  during a measurement in accordance with the rules in Part 453 of this Title.
				  Assume also that the distance between the microphone location point and the
				  microphone target point is 35 feet (10.7 m), and that the measurement area of the
				  test site is acoustically "soft". The corrected sound level generated by the
				  motor vehicle would be 87 dB(A), calculated as follows:
88 dB(A) Uncorrected average of readings
- 3 dB(A) Distance correction factor
+ 2 d(A) Ground surface correction factor
________
87 dB(A) Corrected reading
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter F - Contracts › Part 479 - Membership In Council Of Contracting Agencies › Section 479.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to provide for the participation
					 by the Department of Environmental Conservation in the Council of Contracting
					 Agencies established by Executive Order No. 125, dated May 22, 1989, in order to
					 enhance the availability of and access to information relevant to the statutory
					 determination by the Department of Environmental Conservation of the
					 responsibility and reliability of low bidders for the award of construction
					 contracts, and certain service contracts, and the approval of subcontractors
					 relative to such contracts.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter F - Contracts › Part 479 - Membership In Council Of Contracting Agencies › Section 479.2 - Participation

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of Environmental Conservation as a contracting
					 agency, as defined in Executive Order No. 125, will participate in and comply
					 with the activities and procedures of such contracting agencies, pursuant to the
					 implementing procedures of the Council of Contracting Agencies titled
Council of Contracting Agencies, Executive Order No. 125, Procedures for
					 Collection and Exchange of Information Relating to Contracting
					 Responsibility
and its attachments, which was adopted and published by
					 the Council of Contracting Agencies on January 11, 1990. Copies of this
					 incorporated document and its attachments may be obtained from the publisher at
					 the following address:
Council of Contracting Agencies
Office of the Chair
The Commissioner of General Services
Mayor Erastus Corning 2nd Tower
The Governor Nelson A. Rockefeller Empire State Plaza
Albany, New York 12242
This material is also available for public inspection and
					 copying at the following address:
Division of Fiscal Management
Department of Environmental Conservation
625 Broadway, Room 624A
Albany, New York 12233-5010
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 480 - Environmental Regulatory Program Fees › Section 480.1 - Declaration of policy

Current through Register Vol. 46, No. 28, July 10, 2024
Comprehensive environmental regulatory management programs
					 are essential to protect New York's environmental resources and the public's
					 health and welfare. Those regulated entities who use and impact on the State's
					 environmental resources should bear the costs of the regulatory provisions which
					 permit the use of these resources in a manner consistent with the environmental,
					 economic and social needs of the State. Regulatory fees are an appropriate
					 mechanism to pay a portion of the costs of the department's regulatory functions
					 and programs and a portion of the costs to fund the cleanup of inactive hazardous
					 waste disposal sites. Such fees should be borne by the State's regulated entities
					 in order to further strengthen the State's capabilities to achieve its
					 environmental quality objectives.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 480 - Environmental Regulatory Program Fees › Section 480.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The words defined below have the following meanings when used
					 in the regulations contained in Parts 480 through 486 of this Title. References
					 to section numbers in the Environmental Conservation Law or regulations shall be
					 deemed to include any succeeding sections in the event such sections are
					 renumbered.
(a) Administrative Law Judge
				  (ALJ) means the commissioner's representative who conducts a hearing required by
				  the regulations.
(b) Argument means
				  opinions or viewpoints, as distinguished from evidence.
(c) Average daily rate as used in Part 485 of
				  this Title means the average daily rate flow of permitted wastewater discharges
				  from the facility, totalled for all outfalls identified in the permit or
				  otherwise requiring a permit pursuant to ECL article 17 and averaged on an annual
				  calendar year basis.
(d) Calendar
				  year means the year which begins on January 1st and ends on December
				  31st.
(e) Characteristic hazardous
				  waste means a waste which satisfies the characteristics promulgated by the
				  commissioner pursuant to title 9 of article 27 of the Environmental Conservation
				  Law and is not listed hazardous waste.
(f) Combustion installation means a furnace,
				  device, engine or turbine in which fossil fuel or wood is burned with air or
				  oxygen and the air contaminant emissions include only those products resulting
				  from:
(1) combustion of the fuel;
(2) additives or impurities in the fuel;
				  and
(3) material introduced for the
				  purpose of altering air contaminant emissions. A combustion installation may
				  consist of:
(4) a single furnace
				  exclusively connected to an air cleaning device or stack; or
(5) two or more furnaces connected to a common
				  air cleaning device or stack.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 481 - Program Fees: In General › Section 481.1 - Program fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A program fee
				  is a sum of money that a person described in section
				  481.2  of this Part
				  must pay the department each year under the provisions of article 72 of the ECL.
				  The program fee is based on certain criteria set forth in Parts 480 through 486
				  of this Title measured on an annual basis. Liability for program fees commences
				  on and after April 1, 1983. For operating permit program fees, liability
				  commences on and after January 1, 1994.
(b) There are six kinds of program fees, more
				  fully described in paragraphs (1) through (6) of this subdivision:
(1) air quality control program fee: Subpart
				  482-1 of this Title;
(2) operating
				  permit program fee: Subpart 482-2 of this Title;
(3) hazardous waste program fee: Part 483 of
				  this Title;
(4) waste transporter
				  program fee: Part 484 of this Title;
(5) SPDES program fee: Part 485 of this
				  Title;
(6) water transport program
				  fees: Part 486 of this Title. A person may have to pay any or all of these
				  program fees, depending upon the activities engaged in.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 481 - Program Fees: In General › Section 481.2 - Who must pay

Current through Register Vol. 46, No. 28, July 10, 2024
Program fees must be paid by each person:
(a) required to obtain a permit, certificate or
				  approval pursuant to a State environmental regulatory program; or
(b) subject to regulation under a State
				  environmental regulatory program; each year, commencing April 1, 1983.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 481 - Program Fees: In General › Section 481.3 - When fees must be paid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each person
				  is required to pay the department an annual program fee within 30 days of the
				  date of the first invoice, unless otherwise directed by the department.
(b) The person required to pay an annual
				  program fee must pay it by check or money order payable to the order of the "New
				  York State Department of Environmental Conservation". The fee must be submitted
				  to the department at the address indicated on the invoice.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 481 - Program Fees: In General › Section 481.4 - How much must be paid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The amount of
				  annual program fees each regulated person must pay is computed under Parts 482
				  through 486 of this Title, as applicable.
(b) The fee for a new or modified permit,
				  certificate or approval for a prospective activity governed by a State
				  environmental regulatory program is computed under Parts 482 through 486 of this
				  Title, as applicable, but prorated from the date of issuance.
(c) For waste transporters only, fees are
				  prorated based on the date that the permit becomes effective. All other program
				  fees are prorated only from the date of issuance. Prorated fees are calculated by
				  multiplying the annual fee by the number of days remaining in the calendar or
				  permit year (number of days in permit year for waste transporter program fees)
				  from the date of issuance, divided by 365.
(d) The department may change any program fee
				  for a calendar or permit year at any time during the calendar or permit year or
				  within the three calendar or permit years next following the close of the
				  calendar or permit year for which the fee is being changed.
(e) Any person who has paid the applicable
				  program fees for a given calendar year may request that the department
				  redetermine the program fees for that year under section
				  483.3
				  or
				  485.3 
				  of this Title at any time during that calendar year or within the calendar year
				  next following the close of the calendar year for which the fee was paid based
				  solely on the amount of hazardous waste that was treated, stored, disposed or
				  generated, or the amount of water discharged. The request for this
				  redetermination must be made under section
				  481.9 
				  of this Part except that the time limits of this Part for making the request
				  apply.
(f) Except for the fees
				  described in section
				  483.1(a) and
				  (b)(1)  of this Title, fees are owed for the
				  entire calendar or permit year even in the event a permit is suspended, revoked,
				  modified to reduce the scope of the permitted activity, not utilized or
				  voluntarily surrendered by the permittee during the calendar or permit year. In
				  the event a sale of business during the calendar or permit year occurs, the
				  original permittee is responsible for a full permit or calendar year payment. The
				  original permittee may request reimbursement for the applicable portion of the
				  calendar or permit year from the new permittee.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 481 - Program Fees: In General › Section 481.6 - Interest assessment for nonpayment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person failing to pay the department an
				  annual program fee within 30 days of the last applicable date prescribed in
				  section
				  481.3  of
				  this Part must pay interest.
(b)
				  Except for the method of assessing interest as described in section 72-0201 (12)  of the
				  Environmental Conservation Law as that applies to operating permit program fees,
				  the interest assessed under this section is based on the sum of the amount of the
				  payment deficiency and any penalty relating to it. It is assessed at the
				  underpayment rate set by the State Commissioner of Taxation and Finance according
				  to section 1096 of the State Tax Law, as established in 20 NYCRR, section
				  603.3,
				  as amended.
(c) Except for the method
				  of assessing interest as described in section 72-0201 (12)  of the
				  Environmental Conservation Law as that applies to operating permit program fees,
				  the interest assessed under this section continues to accrue until payment in
				  full, of the payment deficiency and any penalty assessed under section
				  481.5 
				  of this Part, is actually made to the department.
(d) There is no provision for challenging
				  interest assessed.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 481 - Program Fees: In General › Section 481.7 - How payments are applied

Current through Register Vol. 46, No. 28, July 10, 2024
The department will apply a person's payment of an annual
					 program fee to the earliest program fee due at the time of payment and to any
					 interest and penalty attributable to that fee.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 481 - Program Fees: In General › Section 481.8 - Suspension, revocation and nonrenewal of permits for nonpayment

Current through Register Vol. 46, No. 28, July 10, 2024
If after exhausting all administrative and judicial appeals
					 of the determination of an annual program fee, a person required to pay that fee
					 does not do so, the department may revoke, suspend or modify the permit,
					 certificate or approval for the activity that is subject to that fee or
					 revocation. This suspension continues until the department determines that the
					 fee and any penalty and interest relating to it, are fully
					 paid.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 481 - Program Fees: In General › Section 481.9 - Procedures to challenge the department's program fee determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person having
				  any questions about the basis for the annual program fee or how it was calculated
				  may call the department's central office in Albany at the telephone number listed
				  on the invoice. However, any responses or statements made by the department shall
				  not be binding on the department unless made in writing.
(b) A person may petition the department for a
				  declaratory ruling, in accordance with the procedures contained in Part 619 of
				  this Title, with respect to the applicability to any person of the provisions of
				  article 72 of the ECL or these regulations.
(c) A person deciding to challenge the amount
				  of the annual program fee, must make a written request sent by mail, for a
				  recalculation of the fee on such forms as required and supplied by the
				  department, within 30 business days of the date of the department's original
				  invoice. The request must be sent to: Regulatory Fee and Oil Spill Revenue
				  Bureau, New York State Department of Environmental Conservation, 625 Broadway,
				  Albany, NY 12233-5013. The request must be accompanied by an explanation of why a
				  modification in the amount of the program fee imposed is appropriate, a statement
				  of what the revised invoice should be and must include any appropriate
				  documentary evidence in support of the claim. The department will not consider
				  requests for a challenge, and the department's original invoice is considered
				  final, if a person fails to:
(1) make this
				  request within the 30-business-day period;
(2) make payment in full of the undisputed
				  amount of the annual program fee; and
(3) give a specific written reason for
				  challenging the fee. If reasonable cause is shown, the department may consider
				  challenges that have not met the criteria of paragraph (1), (2) or (3) of this
				  subdivision or may continue to proceed with a challenge that has been abandoned
				  under any other sections of section 481.9  of this Part. Requests to consider a
				  challenge that has not met the criteria of paragraph (1), (2) or (3) of this
				  subdivision must be made to the Director of Fiscal Management by certified mail.
				  The Director of Fiscal Management shall respond to the person within 30 business
				  days with the department's decision about considering challenges that do not meet
				  criteria of paragraphs (1), (2) and (3). The original department's invoice must
				  provide notification in at least 10 point bold type of the right to challenge and
				  three prerequisites to a challenge noted above.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 481 - Program Fees: In General › Section 481.10 - Hearing procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Application of Part. This section applies to hearings conducted by the department
				  on disputed fees and penalties provided for in this Part.
(b) Notice of hearing.
(1) The department will provide notice to the
				  person requesting the hearing pursuant to section
				  481.9(k) 
				  of this Part sent by certified mail not less than 15 business days prior to the
				  hearing date.
(2) The form of the
				  notice will be as specified by the department, but must contain the date, time
				  and location of the hearing.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 482 - Air Pollution Program Fees › Subpart 482-1 - Air Quality Control Program Fee › Section 482-1.2 - What the department reviews to determine the air quality control program fee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 determining the annual program fee for a new emission point, the department will
					 rely upon:
(1) Actual heat input information
					 stated in section B of the most recent complete "Stationary Combustion
					 Installation Application for Permit to Construct or Certificate to Operate" for
					 combustion air contamination sources.
(2) Actual annual emissions information per air
					 contaminant category (sulfur dioxide, hydrocarbons, carbon monoxide, total
					 suspended particulates, oxides of nitrogen, other) stated in section F of the
					 most recent complete "Process, Exhaust or Ventilation System Application for
					 Permit to Construct or Certificate to Operate", for process air contamination
					 sources.
(3) Actual pounds per hour
					 amount of refuse charged stated in section C of the most recent complete
					 "Incinerator Application for Permit to Construct or Certificate to Operate" for
					 incinerators or refuse burning air contamination sources.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 482 - Air Pollution Program Fees › Subpart 482-1 - Air Quality Control Program Fee › Section 482-1.3 - Local agency delegation pursuant to ecl, section 3-0302(2)(p)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where a city or
					 county is delegated the full authority to administer the State air quality
					 control program pursuant to section 3-0301(2)(p) of the ECL, and the city or
					 county collects a fee in connection with the issuance of a permit, certificate or
					 approval for a combustion installation, incinerator or process air contamination
					 source, other than the uniform procedures application fees provided for in
					 section 70-0117 of the ECL, no additional air quality control program fee must be
					 paid by the regulated sources.
(b) If
					 a city or county has been delegated only a portion of the State air quality
					 control program, such as the responsibility for inspection of sources, review of
					 applications for permits or issuance of permits, then the air quality control
					 program fees must be paid to the department, regardless of whether or not the
					 city or county also charges a fee in connection with the issuance of a permit,
					 certificate or approval.
(c)
					 Notwithstanding the fact that a city or county not delegated any portion of the
					 State air quality control program charges a local fee for issuance of a permit,
					 certificate or approval for an air contamination source, fees required under
					 section
					 482-1.1 
					 of this Subpart must be paid to the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 482 - Air Pollution Program Fees › Subpart 482-2 - Operating Permit Program Fee › Section 482-2.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to establish the annual fee
						to be submitted by air contamination sources subject to the operating permit
						program for emissions of regulated air contaminants. This Subpart is adopted
						pursuant to the statutory authority granted to the department under section 72-0303  of the Environmental Conservation
						Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 482 - Air Pollution Program Fees › Subpart 482-2 - Operating Permit Program Fee › Section 482-2.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commencing
					 January 1, 1994, and every year thereafter, all air contamination sources
					 identified pursuant to section 19-0311  of the Environmental Conservation
					 Law must submit to the department an annual operating permit program fee for each
					 ton of regulated air contaminant emitted up to 7,000 tons each, except, as
					 otherwise exempted in this Subpart.
(b) Exemptions.
(1) The fees established pursuant to this
					 Subpart will not be assessed on emissions of carbon monoxide or any Class I and
					 II substance as set forth in section 72-0303 (4)  of the
					 Environmental Conservation Law.
(2)
					 Any regulated air contaminant subject to the fees imposed pursuant to this
					 Subpart that qualifies as both a volatile organic compound and a hazardous air
					 pollutant as set forth in section 72-0303 (5)  of the
					 Environmental Conservation Law, will not be counted under both categories for the
					 purpose of assessing fees.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 482 - Air Pollution Program Fees › Subpart 482-2 - Operating Permit Program Fee › Section 482-2.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The words defined in this section have the following
						meanings when used in this Subpart.
(a)
					 Actual emissions means emissions to the ambient air, and include fugitive
					 emissions if such emissions are considered in determining whether a source is a
					 major air contamination source.
(b)
					 Air contamination source means all sources required to obtain a permit,
					 certificate or approval pursuant to article 19 of the Environmental Conservation
					 Law.
(c) Consumer price index for any
					 calendar year means the average of the consumer price index for all urban
					 consumers, published by the U.S. Department of Labor as of the close of the
					 12-month period ending August 31st of each year.
(d) Major air contamination source has the same
					 meaning given to it in section 19-0107 (19)  of the
					 Environmental Conservation Law.
(e)
					 Operating permit program means the program established in section 19-0311  of the Environmental Conservation
					 Law.
(f) Permitted emissions means
					 those emissions of regulated air contaminants that are authorized by
					 permit.
(g) Potential to emit means
					 the maximum capacity of a stationary source to emit any regulated air contaminant
					 under its physical and operational design. Any physical or operational limitation
					 on the capacity of such source to emit a regulated air contaminant, including air
					 pollution control equipment and restrictions on the hours of operation or on the
					 type or amount of material combusted, stored or processed, is treated as part of
					 its design if the limitation is enforceable by the commissioner and the
					 administrator of the United States Environmental Protection Agency.
(h) Regulated air contaminant means the
					 following:
(1) oxides of nitrogen;
(2) volatile organic compounds;
(3) sulfur dioxide;
(4) particulates;
(5) carbon monoxide;
(6) any other air contaminant as set forth in
					 section 19-0107 (22)  of the
					 Environmental Conservation Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 482 - Air Pollution Program Fees › Subpart 482-2 - Operating Permit Program Fee › Section 482-2.4 - Annual fee and fee calculation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Fee. Each person subject to fees under this Subpart must submit an annual fee to
					 the department. This fee is based on the facility's total annual emissions as
					 described in section
					 482-2.2  of this
					 Subpart. The fee per ton is assessed on emissions up to 7,000 tons annually of
					 each regulated air contaminant. As of January 1, 2011, the fee per ton for 2011
					 is as follows:
(1) a fee of $45 per ton for
					 facilities having total annual emissions less than 1,000 tons;
(2) a fee of $50 per ton for facilities having
					 total annual emissions of 1,000 tons or more but less than 2,000 tons;
(3) a fee of $55 per ton for facilities having
					 total annual emissions of 2,000 tons or more but less than 5,000 tons;
					 and
(4) a fee of $65 per ton for
					 facilities having total annual emissions of 5,000 tons or more.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 483 - Hazardous Waste Program Fees › Section 483.1 - Who must pay and how much

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Generator fees. Each generator must annually submit to the department a hazardous
				  waste program fee which is determined as follows:
(1) $1,000 for generators of equal to or
				  greater than 15 tons per year and less than or equal to 100 tons per year of
				  hazardous waste.
(2) $6,000 for
				  generators of greater than 100 tons per year and less than or equal to 500 tons
				  per year of hazardous waste.
(3)
				  $20,000 for generators of greater than 500 tons per year and less than or equal
				  to 1,000 tons per year of hazardous waste.
(4) $40,000 for generators of greater than
				  1,000 tons per year of hazardous waste.
(5) $3,000 for generators of equal to or
				  greater than 15 tons per year of hazardous wastewater, payable in addition to
				  fees for hazardous wastes other than wastewater, as specified in paragraphs
				  (1)-(4) of this subdivision.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 483 - Hazardous Waste Program Fees › Section 483.2 - What the department reviews to determine the hazardous waste program fee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Generators of
				  hazardous waste. In determining the estimated annual program fee for generators,
				  the department will rely upon the annual reports and manifest data required to be
				  filed by generators pursuant to title 9 of article 27 of the ECL. Unless a
				  generator provides a density to the contrary, the assumed density for manifested
				  shipments will be 8.3 pounds per gallon and 0.85 ton per cubic yard. Nothing in
				  this section shall prevent the department from estimating the annual program fee
				  from any other sources, especially when the department has reasonable cause to
				  believe the generator has not complied with the reporting requirements of the
				  ECL, its regulations or permits.
(b)
				  Treatment, storage or disposal facilities.
(1)
				  In determining the estimated annual program fee for existing treatment, storage
				  or disposal facilities, the department will rely upon the annual reports required
				  to be filed by TSDF's pursuant to title 9 of article 27 of the ECL.
(2) In determining the annual program fee for
				  new treatment, storage or disposal facilities, the department will rely upon the
				  plan of operation filed with its complete permit application pursuant to title 9
				  of article 28 of the ECL.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 483 - Hazardous Waste Program Fees › Section 483.3 - Redetermination of hazardous waste program fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The annual program fee determined for the
				  current calendar year is an estimated fee based upon the fee determined for the
				  preceding calendar year. Once the current calendar year ends on December 31st, it
				  may be necessary for the department to redetermine the fee based upon whether the
				  actual amounts of hazardous waste generated or received by each regulated entity
				  were overestimated or underestimated.
(b) A person having to pay an annual program
				  fee may request that the annual program fee for that calendar year be
				  redetermined based upon the actual volume of hazardous waste generated or
				  received during that calendar year. This request must be made under the
				  provisions of section
				  481.9 
				  of this Title, except that time limits are extended as provided in section
				  481.4  of this
				  Title.
(c) The department may change
				  a program fee for a calendar year at any time during that calendar year or within
				  the next three calendar years.
(d) If
				  a person wants to challenge the correctness of the department's change, that
				  person must follow the procedures set forth in section
				  481.9 
				  of this Title.
(e) If the department
				  finds that the person overpaid an annual program fee due for that calendar year,
				  the department will refund or credit the amount of that overpayment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 483 - Hazardous Waste Program Fees › Section 483.4 - Fees related to cleanup, remediation, or corrective action

Current through Register Vol. 46, No. 28, July 10, 2024
No generator fee shall be payable for waste resulting from
					 services which are provided:
(a) under a
				  contract with the department, or with the department's approval and in compliance
				  with department regulations, or pursuant to an order of the department, the
				  United States Environmental Protection Agency or a court, related to the cleanup
				  or remediation of a hazardous material or hazardous waste spill, discharge, or
				  surficial cleanup, pursuant to the Environmental Conservation Law, other than ECL
				  section 27-1313, or a removal action pursuant to the Comprehensive Environmental
				  Response, Compensation and Liability Act (42
				  U.S.C. 9601 et seq.); or
(b) under a contract for, or with the
				  department's approval and in compliance with department regulations for, the
				  cleanup and removal of petroleum spill or discharge, pursuant to subdivision
				  seven of section 176  of the Navigation Law; or
(c) under the order of a court, the department
				  or the Department of Health, or the United States Environmental Protection Agency
				  related to an inactive hazardous waste disposal site pursuant to ECL section
				  27-1313, section 1389-b  of the Public Health Law or the
				  Comprehensive Environmental Response, Compensation and Liability Act (42
				  U.S.C. 9601 et seq.); or
(d) voluntary and without expectation of
				  monetary compensation in accordance with subdivision one of ECL section 27-1321;
				  or
(e) under permit or order
				  requiring corrective action pursuant to title nine of ECL article 27 or the
				  Resource Conservation and Recovery Act (42 U.S.C.
				  6901 et seq.).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 483 - Hazardous Waste Program Fees › Section 483.5 - Fee liability for delisted waste

Current through Register Vol. 46, No. 28, July 10, 2024
If a party has petitioned to exclude a waste produced, at a
					 particular facility, pursuant to section
					 370.3(3) 
					 of this Title and if appropriate,
					 40
					 CFR 260.22, such a waste shall cease to be
					 subject to hazardous waste generator fees or hazardous waste treatment, storage,
					 or disposal facility fees, effective as of the date that final approval of the
					 petition is granted by the commissioner. Notice of final approval will be
					 published in the Environmental Notice Bulletin.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 484 - Waste Transporter Program Fees › Section 484.1 - Who must pay and how much

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  person required to obtain a permit, certificate or approval pursuant to the waste
				  transporter permit requirements set forth in title 3 of article 27 of the ECL
				  must annually submit to the department a waste transporter program fee determined
				  as follows:
(1) If the permit is to transport
				  industrial-commercial waste or low-level radioactive waste:
(i) $500 for the first vehicle permitted;
				  and
(ii) $200 for each additional
				  vehicle permitted.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 484 - Waste Transporter Program Fees › Section 484.2 - What the department reviews to determine the waste transporter program fee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In determining
				  the annual program fee the department will rely upon the number of vehicles
				  listed on the waste transporter permit filed pursuant to title 3 of article 27 of
				  the ECL. The fee will be prorated for vehicles issued permits for less than a
				  full year. Nothing in this section shall prevent the department from determining
				  a fee based upon the actual number of vehicles used by a transporter to transport
				  regulated waste if it is more than the number of vehicles listed on the
				  permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 484 - Waste Transporter Program Fees › Section 484.3 - Local agency delegation pursuant to ecl 27-0305

Current through Register Vol. 46, No. 28, July 10, 2024
Where a city or county is delegated the authority to
					 administer the State Waste Transporter Program pursuant to subdivision four of
					 section 27-0305 of this chapter, and such city or county collects a fee in
					 connection with the issuance of a permit, certificate or approval for a waste
					 transporter, no additional liability for fees under this section shall
					 accrue.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 484 - Waste Transporter Program Fees › Section 484.4 - Exemption from fees for medical waste transporters

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Transporters of medical waste that meet the
				  following requirements are exempt from paying waste transporter fees:
(1) operate as a not-for-profit corporation as
				  defined in Not- for-Profit Corporation Law, section 102 or a governmental
				  organization;
(2) generate less than
				  100 pounds per month of regulated medical waste; and
(3) transport only their own waste in
				  accordance with all provisions of the ECL.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 484 - Waste Transporter Program Fees › Section 484.5 - Exemption from fees for unused permits

Current through Register Vol. 46, No. 28, July 10, 2024
Any person receiving a waste transporter permit that cannot
					 be utilized as issued, through no fault of the permittee, shall not be held
					 liable for the resulting regulatory fee, provided that the permittee submits
					 documentation to the department that the permit cannot be
					 utilized.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 485 - Spdes Program Fees › Section 485.1 - Who must pay and how much

Current through Register Vol. 46, No. 28, July 10, 2024
Each person required to obtain a permit or certificate
					 pursuant to the SPDES program must annually submit to the department a SPDES
					 program fee. The SPDES program fees are identified in section 72-0602 of the
					 ECL.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 485 - Spdes Program Fees › Section 485.2 - What the department reviews to determine the spdes program fee

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of determining annual fees for new and existing
					 facilities, the department will use the design flow in the SPDES permit to
					 establish the average daily rate of flow.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 485 - Spdes Program Fees › Section 485.3 - Redetermination of the spdes program fee

Current through Register Vol. 46, No. 28, July 10, 2024
A person having to pay a SPDES annual program fee may request
					 that the annual program fee for that calendar year be redetermined based on the
					 actual average daily flow rate during that calendar year. This request must be
					 made under the provisions of section
					 481.9 
					 of this Title, except that time limits will be extended as stated in section
					 481.4  of this
					 Title. It is the permittee's burden to prove that actual flow is less than the
					 design flow in the permit. The department may initiate a SPDES permit
					 modification to reduce authorized discharge flow rates when the actual flow is
					 significantly less than the permitted design flow.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter G - Program Fees › Part 486 - Water Transport Program Fees › Section 486.1 - Who must pay and how much

Current through Register Vol. 46, No. 28, July 10, 2024
Each person and public corporation required to obtain a water
					 transport fee for each intake facility equal to $100 per million gallons of fresh
					 water withdrawn or transported pursuant to such permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter H - Environmental Justice › Part 487 - Analyzing Environmental Justice Issues In Siting Of Major Electric Generating Facilities Pursuant To Public Service Law Article 10 › Section 487.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose of
				  this Part is to establish a regulatory framework for undertaking an analysis of
				  environmental justice issues associated with the siting of a major electric
				  generating facility in New York State pursuant to article 10 of the Public
				  Service Law, enacted in the Power NY Act of 2011 (ch. 388, L. 2011).
(b) This Part is intended to enhance public
				  participation and review of environmental impacts of proposed major electric
				  generating facilities in environmental justice communities and reduce
				  disproportionate environmental impacts in overburdened communities. It is not
				  intended to, nor shall it be construed to create any right to judicial review
				  involving the compliance or noncompliance of any person with this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter H - Environmental Justice › Part 487 - Analyzing Environmental Justice Issues In Siting Of Major Electric Generating Facilities Pursuant To Public Service Law Article 10 › Section 487.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to all persons seeking a certificate of
					 environmental compatibility and public need pursuant to Public Service Law
					 article 10.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter H - Environmental Justice › Part 487 - Analyzing Environmental Justice Issues In Siting Of Major Electric Generating Facilities Pursuant To Public Service Law Article 10 › Section 487.4 - Defining the impact study area

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At
				  a minimum, the impact study area must be the geographic area that is encompassed
				  within a one-half mile radius around the proposed location of the
				  facility.
(b) The radius of the
				  impact study area shall be increased by the applicant based on site-specific
				  factors, including the nature, scope and magnitude of the environmental impacts,
				  the projected range of those impacts on various environmental resources, and the
				  geography of the area surrounding the location of the proposed
				  facility.
(c) The applicant shall
				  define the impact study area pursuant to subdivisions (a) and (b) of this section
				  for any reasonable and available alternate locations to the proposed facility
				  identified by the applicant.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter H - Environmental Justice › Part 487 - Analyzing Environmental Justice Issues In Siting Of Major Electric Generating Facilities Pursuant To Public Service Law Article 10 › Section 487.5 - Determining presence of an environmental justice area

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After defining the impact study area
				  pursuant to section
				  487.4 
				  of this Part, the applicant shall determine whether the impact study area
				  contains one or more EJ areas.
(b)
				  The applicant, using reliable U.S. Census data or other generally accepted and
				  reasonably available demographic data, shall determine if a minority or
				  low-income community, or both, is within the impact study area. If a minority or
				  low-income community is present, then an EJ area is present in the impact study
				  area. If the demographic data are not sufficient or adequate for determining the
				  presence of a minority or low-income community within an impact study area, the
				  applicant must work with the department, the municipality, and residents of the
				  impact study area to develop an accurate demographic profile of the impact study
				  area using reasonably available information.
(c) If no area meeting the definition of either
				  a minority or low-income community is present within the impact study area, an EJ
				  area is present if:
(1) a census block group or
				  contiguous area with multiple census block groups has a minority or low-income
				  population that is above 75 percent of the stated thresholds for defining a
				  minority or low-income community; and
(2)
(i)
				  reasonably available air quality data; and
(ii) health outcome data that have been made
				  available to the public statewide at the zip code level, reveals that the impact
				  study area may bear a disproportionate share of the negative environmental
				  consequences resulting from industrial, municipal, and commercial operations or
				  the execution of Federal, State, local, and tribal programs and policies, when
				  compared to the county as a whole, or if the impact study area is in the City of
				  New York, when compared to the city as a whole. In the case of health outcome
				  data, applicants shall consult with the Department of Health about appropriate
				  comparison areas for specific datasets.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter H - Environmental Justice › Part 487 - Analyzing Environmental Justice Issues In Siting Of Major Electric Generating Facilities Pursuant To Public Service Law Article 10 › Section 487.7 - Cumulative impact analysis of air quality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the applicant is required to complete an
				  EJ analysis and the proposed facility is an air emission source, the applicant
				  shall conduct a cumulative impact analysis of air quality in accordance with an
				  air modeling protocol approved by the department and consistent with the
				  requirements of this section. The requirements set forth in this section do not
				  alter any other Federal and State air pollution requirements applicable to the
				  proposed facility.
(b) The cumulative
				  impact analysis of air quality shall consider the impacts of the proposed
				  facility with respect to air pollutants specified in subdivision (c) of this
				  section on ambient air quality within a circular area extending from the location
				  of the proposed facility to the larger of the following distances, to be referred
				  to as the EJ air impact area (EJAIA):
(1)
				  one-half mile;
(2) the impact study
				  area defined pursuant to section
				  487.4 
				  of this Part; or
(3) the distance to
				  the furthest receptor location of maximum impact for any pollutants modeled for
				  the proposed facility.