New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 383 - Regulations For Low-level Radioactive Waste Disposal Facilities Financial Assurance Requirements › Subpart 383-3 - Permits to Construct and Operate a Land Disposal Facility › Section 383-3.6 - Review of the application and hearing procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except for permits for land disposal
					 facilities authorized pursuant to section 1854-c  of the Public Authorities Law, the
					 provisions of Parts 617, 621, and 624 of this Title will apply to review of
					 applications for permits.
(b) For
					 land disposal facilities authorized pursuant to section 1854-c  of the Public Authorities Law, the
					 provisions of Parts 617, 621, and 624 of this Title will apply to review of
					 applications for permits except where those provisions conflict with the
					 requirements of article 29 of the ECL or with any of the following:
(1) The department will be lead agency as
					 defined in Part 617 of this Title.
(2) On or before 30 days following receipt of
					 the application, the department will mail notice of its determination of
					 completeness or incompleteness to the applicant and all parties listed in section
					 383-3.5 
					 of this Part; provided, however, that when there is a requirement pursuant to
					 Federal law for a tentative determination or draft permit to be prepared prior to
					 public notice or hearing, the time within which the department must make its
					 determination is extended by 30 days.
(3) The department will hold an issues
					 conference in accordance with Part 624 of this Title prior to the commencement of
					 the hearing.
(4) No later than 60
					 days after the department and each other state agency have made their respective
					 determinations that the applications are complete, the department will commence
					 public adjudicatory hearings on the permit application and the draft
					 environmental impact statement.
(5)
					 Except as otherwise required by this Part, the provisions of Part 624 of this
					 Title apply to the hearings.
(6) At
					 least one day of the hearing will be held at a reasonably convenient location in
					 the general geographic vicinity of each of the proposed sites.
(7) No later than 150 days after the
					 commencement of the hearings, the hearing record must be officially
					 closed.
(8) No later than 90 days
					 after the official close of the hearing, the department must issue the final
					 environmental impact statement and deliver a copy to each other agency before
					 which is pending an application for license, permit, or other approval for the
					 land disposal facility. In addition to the requirements for final environmental
					 impact statements in article 8 of the ECL and Part 617 of this Title, the final
					 environmental impact statement must include the following:
(i) copies of the minutes of the legislative
					 public hearing session held on the draft environmental impact statement and the
					 department's responses to the comments presented; and
(ii) a listing, providing a brief description,
					 identification, or reference for each report, study, or other document relied
					 upon by the department for information supporting its analyses or
					 conclusions.
(9) No later
					 than 30 days after the issuance of the final environmental impact statement, the
					 department must issue its decision with respect to the applications for permits
					 and other approvals for the land disposal facility and must publish a notice of
					 its decision in the State Registerand distribute copies of the notice to the
					 parties listed in section
					 383-3.5 
					 of this Part, in addition to any other notices required by this Title.