(a) Adjudicatory hearing means a trial type proceeding which provides the opportunity for an administrative law judge to hear a case and recommend a decision to the commissioner on the basis of evidence, including direct testimony and cross examination provided under article 3 of the State Administrative Procedure Act, section 70-0109 of the Environmental Conservation Law (ECL), section 621.8 of this Part and Part 624, Permit Hearing Procedures, of this Title. The commissioner renders a decision based on the record of hearing and applicable law.

(b) Administrative SPDES permit renewal means the renewal of an existing State Pollutant Discharge Elimination System (SPDES) permit, for a new permit term, utilizing abbreviated application and review procedures that defer full technical review of permit provisions based on priority ranking described in section 750-1.19 of this Title.

(c) Applicant means a person, as defined in subdivision (w) of this section, filing appropriate applications and supporting materials for the purpose of obtaining a permit from the department. Eligible applicants are owners, lessees, and operators at a project site or facility.

(d) Chief permit administrator means an employee of the department located in the main office of the department and designated to act on the commissioner's behalf in carrying out this Part.

(e) Commissioner means the commissioner of the Department of Environmental Conservation, or any employee of the department designated to act on the commissioner's behalf in carrying out this Part.

(f) Complete application means an application for a permit which is in an approved form and is determined by the department to be complete for the purpose of commencing review of the application but which may need to be supplemented during the course of review in order to enable the department to make the findings and determinations required by law.

(g) Delegated permit means a permit issued by the department for which a comparable permit may be required by Federal law. Delegated permits include those for which the department has been delegated the authority or for which the State's program has been approved to issue the permit pursuant to Federal law. For the purposes of this Part the term delegated applies to permits issued by the department for the following programs:

(h) Department means the New York State Department of Environmental Conservation, or a local agency to which the department has delegated permitting or review authority.

(i) ECL means Chapter 43-B of the Consolidated Laws of the State of New York entitled Environmental Conservation Law.

(j) Emergency means a natural, accidental, or intentional human-caused event or circumstance which presents an immediate threat to life, health, property, general welfare or natural resources.

(k) ENB (Environmental Notice Bulletin) means the publication of the department published pursuant to section 3-0306 of the ECL, accessible on the department's internet website at http:// www.dec.state.ny.us.

(l) EPA means the United States Environmental Protection Agency.

(m) Facility has the meaning given in the regulations for programs to which this Part is applicable (see section 621.1 of this Part) for a given activity. Absent a specific program definition, facility means buildings, structures, improved areas or designated locations on a site where an activity regulated by the department is taking place or is proposed to take place.

(n) Joint application for permit means an application form for certain regulatory programs administered by the Department of Environmental Conservation, the New York State Office of General Services, the Adirondack Park Agency, the Lake George Park Commission, and the United States Army Corps of Engineers. Application can be made for multiple permit categories and to multiple agencies by using this form.

(o) Legally responsible party means a permittee legally accountable for undertaking a permitted action in accordance with the provisions and conditions of a permit, or an applicant legally accountable for the content of an application.

(p) Legislative hearing means a proceeding provided by section 621.8 of this Part which provides an opportunity for the public to make unsworn statements, based on fact or belief, for consideration by the department in its review of applications for permits.

(q) Local government means a village, town, city or county.

(r) Major project means any action requiring a permit identified in section 621.1 of this Part, which is specifically defined as major or which is not specifically defined as minor in section 621.4 of this Part.

(s) Minor project means any action listed as minor in section 621.4 of this Part, subject to the reservations of section 621.3(b)(3) of this Part. Actions identified as Type II in Parts 617 and 618 of this Title are minor except where such an action is listed as major by permit type in section 621.4 of this Part. Minor projects are projects which by their nature and with respect to their location are not likely to have a significant impact on the environment.

(t) Modification means any change or amendment whatsoever to a permit that is currently in force, including permit transfer.

(u) Permit means any certificate, license or other form of department approval, modification, renewal, or reissuance, including any permit condition or variance, that is issued in connection with any regulatory program listed in section 621.1 of this Part. The permit identifies the approved activity and contains standards and conditions of performance for the activity.

(v) Permittee means a person authorized to undertake an activity regulated under a department permit. Eligible permittees are owners, lessees, and operators at a project site or facility.

(w) Person means any corporation, limited liability corporation, limited liability partnership, firm, partnership, association, trust, estate, one or more individuals, any other legal entity or any unit of Federal, State or local government or any agency or subdivision thereof, including any State department, bureau, commission, board or other agency, public authority or public benefit corporation.

(x) Project means any action or activity requiring one or more permits identified in section 621.1 of this Part.

(y) Public authority or public benefit corporation means a corporation organized to construct or operate a public improvement wholly or partly within the State, the profits from which benefit this or other states, or the people thereof.

(z) Regional permit administrator means an employee of the department located in each of the nine regional offices of the department and designated to act on the commissioner's behalf in carrying out this Part.

(aa) Renewal means department authorization for a new permit term, reissuance, or recertification of a permit for previously approved activities which will be continuing at the same site or facility without material change.

(ab) SEQR means the State Environmental Quality Review Act, article 8 of the Environmental Conservation Law and Parts 617 and 618 of this Title.

(ac) Site has the meaning given in the regulations for programs to which this Part is applicable (see section 621.1 of this Part) for a given activity. Absent a specific program definition site means the land or water areas where a facility or activity is physically located or conducted including adjacent land used in connection with the facility or activity.

(ad) Sufficient application for renewal means properly completed application forms, supplemental information and plans required by specific program regulations for renewing permits, and identification of any material changes in regulated operations or environmental conditions at the permitted facility or site.

(ae) Tentative determination means a notice of intent to issue or deny a permit.

(af) Title V facility permit means a permit, which is issued by the department pursuant to Subpart 201-6 of this Title, for a facility or a defined area source, group, or category of emission units at a facility.

(ag) Transfer means the conveyance by the department of an existing permit or pending application from an existing permittee or applicant to a new permittee or applicant.

(ah) Variance means relief from specific provisions of permit program implementing regulations.