New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 621 - Uniform Procedures › Permit Application Procedures › Section 621.8 - Determination to conduct a public comment hearing or adjudicatory proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After a permit
				  application for a major project is complete (see provisions of sections
				  621.3,
				  621.4 and
				  621.6  of this Part), and notice in
				  accordance with section
				  621.7  of this Part has been
				  provided, the department must evaluate the application and any comments
				  received to determine whether a public comment hearing will be held, whether
				  the department will refer the matter to OHMS for adjudicatory proceedings
				  pursuant to Part 624 of this Title, or that neither is necessary. This must be
				  done within 60 days of the date the application is complete. The department
				  must notify, by mail, the applicant and persons who have filed comments on the
				  application of the department's determination to hold a public comment hearing
				  or refer the matter to OHMS for adjudicatory proceedings. A hearing may either
				  be a public comment hearing pursuant to this Part or an adjudicatory proceeding
				  pursuant to Part 624 of this Title. The Uniform Procedures time frames are
				  suspended as of the date the department notifies the applicant of its decision
				  to hold either a public comment hearing pursuant to this Part or an
				  adjudicatory proceeding pursuant to Part 624 of this Title. In the case of a
				  decision to hold an adjudicatory proceeding, the time frames of Part 624 of
				  this Title apply. Where timeframes under this Part are suspended for a public
				  comment hearing held pursuant to this Part, the uniform procedures time frames
				  to determine if the department will refer the matter to OHMS for adjudicatory
				  proceedings and for final decision shall resume upon staff's receipt of the
				  complete public hearing record.
(b)
				  The determination to refer a matter to OHMS for adjudicatory proceedings
				  pursuant to Part 624 of this Title shall be based on whether the department's
				  review of the application materials or comments identifies substantive and
				  significant issues relating to any findings or determinations the department is
				  required to make pursuant to the Environmental Conservation Law. This includes
				  the reasonable likelihood that the permit application will be denied or can be
				  granted only if significant changes are made to the project because the
				  project, as proposed, fails to meet statutory or regulatory criteria or
				  standards. In addition, where any comments received from members of the public
				  or other interested parties raise substantive and significant issues relating
				  to the application, and resolution of any such issue may result in denial of
				  the permit application, or the imposition of significant conditions thereon,
				  the department must refer the matter to OHMS for an adjudicatory proceeding on
				  the application.
(c) When there is
				  no referral to OHMS for an adjudicatory proceeding, the department has the
				  discretion to hold a public comment hearing based on the following:
(1) if a significant degree of public
				  interest exists, as determined by the department;
(2) to fulfill the requirements of Section
				  617.9(a)(4)  of
				  this Title; or
(3) for HWMF permits
				  or RAPs, if notification of opposition to a draft permit or RAP, and a request
				  for a hearing is received during the public comment period.