6 CRR-NY 621.3NY-CRR
6 CRR-NY 621.3
6 CRR-NY 621.3
621.3 General requirements for applications.
Following are general requirements for all applications for permits covered by this Part. Additional specific requirements for individual permits are given in section 621.4 of this Part. Copies of forms, regulations and guidelines referred to in this Part are available from the department's regional permit administrators at the locations listed in section 621.19 of this Part and on the internet at http://www.dec.state.ny.us.
(a) General requirements for complete application.
In order to be determined complete for the purpose of commencing department review, the application for a permit listed in section 621.1 of this Part must meet the requirements specifically listed in section 621.4 of this Part as well as the following criteria:
(1) The application must include a properly completed department application form, supporting documentation, and supplemental information as required by the specific program implementing regulations and this Part. Engineers certifying documents must be licensed in New York State.
(2) The department may request information concerning the applicant which is reasonably necessary to determine who may be a legally responsible party for compliance with the conditions of the permit, the ECL, other applicable laws administered by the department, or for remediation of any environmental degradation and in order to help determine the appropriate financial security which may be required. Any false written statements knowingly made are punishable pursuant to Penal Law, section 210.45.
(3) The department may require that the applicant prepare a public participation plan for additional public outreach. Such additional public outreach may include, but is not limited to, the distribution or position of information about the proposed project in the area in which the proposed project is to be located, conduct of public information meetings, translation of notices for non-English speaking communities and the establishment of document repositories in the area in which the proposed project is to be located.
(4) If a project requires more than one department permit, the applicant must simultaneously submit all the necessary applications, or demonstrate to the department's satisfaction that there is good cause not to do so.
(5) If variances from permit standards are sought and are specifically provided for in a permit program's implementing regulations, then the application must include a request and justification for such variances as outlined in the program's implementing regulations.
(6) When a project also requires related permits from any other agency or government, the department application must include a list of such permits which the applicant knows to be required, and a statement of the status of approval and SEQR review of each at the time of filing the department applications.
(7) If a project is subject to the provisions of article 8 of the ECL (SEQR), the department must satisfy the requirements of Part 617 of this Title. An application is not complete until a properly completed environmental assessment form has been submitted and:
(i) a lead agency has been established pursuant to article 8 of the ECL; and
(ii) a negative declaration, or conditioned negative declaration has been filed pursuant to article 8 of the ECL; or
(iii) if it has been determined that the project may have a significant impact on the environment, a draft environmental impact statement (DEIS) has been accepted by the lead agency; and
(iv) where the department is the lead agency and requires the preparation of a DEIS by an applicant, the application is not complete until the department determines that the scope, content and accuracy of the DEIS prepared by the applicant are acceptable for public review. If the department determines that public comment may be helpful in identifying the scope of the DEIS, the department may solicit written public comment, conduct a public meeting, or take other actions that may be appropriate for a particular project to determine the range of issues that must be addressed in the DEIS. Where public scoping is necessary, it must commence within 30 calendar days following the SEQR determination of significance. If an applicant provides the department with a draft scope of the DEIS, the department must provide the applicant with a final written scope within 60 calendar days of receipt of the draft scope.
(8) When an action requires a determination by the Office of Parks, Recreation and Historic Preservation pursuant to section 14.09 of the Parks, Recreation and Historic Preservation Law (New York State Historic Preservation Act of 1980), the application is not complete until the Office of Parks, Recreation and Historic Preservation has made a determination whether;
(i) any historic, architectural, archeological or cultural resources present in the project impact area are significant (listed on or eligible for listing on the State or National Register of Historic Places); and
(ii) the project may have any impacts on such significant resources.
(9) If a project is a Type I or unlisted action pursuant to SEQR and is located in a coastal area designated according to article 42 of the Executive Law and 19 NYCRR Part 600, the application is not complete until sufficient information has been provided to enable the department to complete a coastal assessment form as prescribed by the Secretary of State.
(10) A project located within the Adirondack Park requiring a department permit may also require permits from the Adirondack Park Agency, or the New York State Department of Health or both. In such a case, the application for a department permit is not complete until the applicant has submitted complete applications to all agencies for all required permits, and SEQR requirements of all other agencies are fulfilled, or until the applicant demonstrates good cause not to do so.
(11) For further information concerning completeness, see section 621.6 of this Part; and for further completeness criteria for specific permits covered by this Part, see section 621.4 of this Part.
(b) Minor projects.
(1) The department has identified certain activities as minor, as listed in section 621.4 of this Part. Minor projects usually have an insignificant environmental impact. However, it is necessary to regulate such activities due to the potential for abuse of natural resources, the necessity for monitoring related activities, and the possible cumulative effect of minor actions which individually are environmentally insignificant.
(2) Minor projects are not normally subject to the public notice requirements of section 621.7 of this Part, and may be processed faster than major projects as explained in section 621.10 of this Part.
(3) If the department determines that a minor project requires public notice, may have a significant impact on the environment under SEQR or requires a public hearing, the project will thereafter be processed as a major project for purposes of this Part.
(4) When a project involves simultaneous permit application for both major and minor activities, all are processed as major for purposes of this Part.
(5) When a project involves simultaneous permit applications for multiple activities, all of which are minor, all are processed as minor for purposes this Part unless it is determined that the project may have a significant impact under SEQR, requires public notice, or a public hearing pursuant to paragraph (3) of this subdivision.
(c) Where a project involves permits both subject and not subject to this Part, the department reserves the right to process all such applications pursuant to this Part.
(d) Joint proceedings.
In some instances, government agencies other than the department may have concurrent jurisdiction over an application for a permit under this Part. The commissioner may enter into agreements with such agencies for joint processing of the application, including provision for joint notices and hearings. The department may require the applicant to provide a copy of the permit application directly to another government agency to facilitate joint processing.
(e) Enforcement actions.
Processing and review of an application may be suspended by written notice to the applicant if an enforcement action has been or is commenced against the applicant for alleged violations of the ECL or other environmental laws administered by the department at the facility or site that is the subject of the application. The alleged violations may be related to the activity for which the permit is sought or to other provisions of law administered by the department.
(1) Such suspension of processing and review may remain in effect pending final resolution of the enforcement actions.
(2) This provision does not relieve the department from the requirement to make a final decision on title V facility permit applications within 18 months of the date that the application was complete pursuant to title V of the CAA (see section 200.9 of this Title) and this Part.
Rules and regulations; applicability, Environmental Conservation Law § 70-0107.
RESEARCH REFERENCES AND PRACTICE AIDS:
55 NY Jur 2d, Environmental Rights and Remedies § 247.
61A Am Jur 2d, Pollution Control §§ 51, 134, 267, 276, 278, 299.
6 CRR-NY 621.3
Current through February 29, 2020
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