New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-12 › Section 900-12.1 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The NYSDPS or
				  PSC shall have the authority to monitor, administer and enforce compliance with
				  all terms and conditions set forth in an Office-issued siting permit, including
				  but not limited to, the authority set forth in Sections 25, 26 and 68  of the
				  Public Service Law and implementing regulations.
(b) Staff from the ORES and the NYSDPS shall
				  have the authority -- in the absence of responsible permittee supervisory
				  personnel, or in the presence of such personnel who, after consultation with
				  ORES or NYSDPS staff, refuses to take appropriate action -- to issue a stop
				  work order and direct the field crews to stop the specific potentially harmful
				  activity immediately, in the event of any emergency resulting from the specific
				  construction or maintenance activities that violate, or may violate, the terms
				  of a siting permit issued by the Office, compliance filings submitted pursuant
				  to Subpart of 900-10 of this Part, or any other supplemental filings. Any stop
				  work order shall be limited to the activity at issue and/or the affected areas
				  of the facility.
(c) If responsible
				  permittee personnel are not on site, ORES and/or NYSDPS staff shall immediately
				  thereafter inform the permittee's construction supervisor(s) and/or
				  environmental monitor(s) of the action taken.
(d) A stop work order shall expire
				  twenty-four (24) hours after issuance, or earlier if the issue promoting the
				  stop work order is resolved, unless confirmed by the Executive Director of the
				  Office or the Commissioner of the PSC. ORES and/or NYSDPS staff shall give the
				  permittee notice by electronic mail of any application to have a stop work
				  order so confirmed. If a stop work order is confirmed, the permittee may seek
				  reconsideration from the Executive Director of the Office or the Commissioner
				  of the PSC.
(e) If the emergency
				  prompting the issuance of a stop work order is resolved to the satisfaction of
				  the Office or the NYSDPS, the stop work order shall be lifted. If the emergency
				  has not been satisfactorily resolved, the stop work order shall remain in
				  effect.
(f) Stop work authority
				  shall be exercised sparingly and with due regard to potential environmental
				  impact, economic costs involved, possible impact on construction activities,
				  and whether an applicable statute or regulation is violated. Before exercising
				  such authority, ORES and/or NYSDPS staff shall consult wherever practicable
				  with the permittee's representative(s) possessing comparable authority. Within
				  reasonable time constraints, all attempts will be made to address any issue and
				  resolve any dispute in the field.
(g) Issuance of a stop work order shall not
				  prevent the permittee nor the contractor from undertaking any safety-related
				  activities as they deem necessary and appropriate under the
				  circumstances.
(h) If ORES and/or
				  NYSDPS staff determines that a significant threat exists such that protection
				  of the public or the environment at a particular location requires the
				  immediate implementation of specific measures, the respective staff may, in the
				  absence of responsible permittee supervisory personnel, or in the presence of
				  such personnel who refuse to take appropriate action, direct the permittee or
				  the relevant contractors to implement the corrective measures identified in the
				  approved siting permit or compliance filings. All such directives shall follow
				  the protocol established for communication between parties as set forth in the
				  approved Facility Communications Plan submitted pursuant to section
				  900-10.2(e)(5) of
				  this Part. The field crews shall immediately comply with ORES and/or NYSDPS
				  staff directives as provided through the communication protocol. ORES and/or
				  NYSDPS staff shall immediately thereafter inform the permittee's construction
				  manager(s) and/or environmental monitor(s) of the action taken.