New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 624 - Permit Hearing Procedures › Section 624.3 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				When notice is required. Unless otherwise provided by statute or regulation,
				the Office of Hearings must publish notice of the hearing in the ENB, and
				provide notice to the applicant and to persons who have made written request to
				participate. The applicant must provide for and bear the cost of publication of
				the notice in a newspaper having general circulation in the area within which
				the proposed project is located. The notices in the ENB and the newspaper must
				be published at least once and not less than 21 calendar days prior to the
				hearing date. In the case of applications involving State Pollutant Discharge
				Elimination System (SPDES) permits, revisions to the State implementation plan,
				federally delegated air permits, and Hazardous Waste Management Facility (HWMF)
				permits, and Remedial Action Plans (RAPs), the notice must be published at
				least 30 days prior to the hearing date. In addition, public notice by means of
				radio is required for hearings on all HWMF permits or RAP applications. These
				requirements are minimums and the ALJ shall direct the applicant to provide
				additional notice or to provide the notice further in advance of the hearing
				where the ALJ finds it necessary to do so in order to adequately inform the
				potentially affected public about the hearing. Where the ALJ finds that a large
				segment of the potentially affected public has a principal language other than
				English, he or she shall direct the publication of the notice in a foreign
				language newspaper(s) serving such people. Nothing herein shall authorize the
				ALJ to delay the commencement of the hearing beyond the deadlines established
				in UPA without the applicant's consent.
(b) Required contents of notice. The notice
				must be in the form specified by the Office of Hearings and must contain the
				following information:
(1) the date of
				issuance of the notice of hearing and the date of the notice of complete
				application;
(2) the date, time,
				location and purpose of the hearing and any pre-hearing conference, if
				scheduled. The location must be in the town, village or city in which the
				project is located, as reasonably near the project site as practicable,
				depending upon the availability of suitable facilities. However, another
				location may be selected based on the convenience of parties and witnesses at
				the discretion of the ALJ;
(3) the
				name and address of the applicant or permittee;
(4) the permits, approvals or action sought
				together with citations to applicable statutes and regulations;
(5) a description of the project;
(6) the accessibility and location for
				review, and a list of the available application materials, including, if
				available at the time of issuance of the notice of hearing, the staff's draft
				permit or statement of intent to deny;
(7) the status of the action under SEQRA and,
				where the department is lead agency pursuant to SEQRA and Part 617 of this
				Title and a DEIS has been prepared, an indication that comments on the DEIS may
				be received at the legislative hearing and of the provisions for their
				review;
(8) instructions for filing
				a petition for party status (see generally section
				624.5  of
				this Part); and
(9) other notices
				required pursuant to any delegated permit program.