6 CRR-NY 621.6NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER VI. GENERAL REGULATIONS
PART 621. UNIFORM PROCEDURES
PERMIT APPLICATION PROCEDURES
6 CRR-NY 621.6
6 CRR-NY 621.6
621.6 Departmental action on applications.
(a) Applications must be submitted to the appropriate regional permit administrator or, for those permits processed in the department's central office, to the chief permit administrator, listed in section 621.19 of this Part, for a determination of completeness and initiation of review. It is the responsibility of the applicant to ensure the department is notified of all address changes.
(b) In reviewing an application for a permit, department staff ordinarily inspects the project site or facility and surrounding area to verify existing conditions, determine the accuracy of materials submitted in the application, assess impacts of a project on the environment in the immediate and surrounding area, and determine whether the project satisfies applicable permitting standards. During an inspection, among other things, measurements may be made, physical characteristics of the site may be analyzed, including but not limited to soils and vegetation, and photographs may be taken. Ordinarily, site visits will occur between 7 a.m. and 7 p.m. Monday through Friday. Unusual circumstances including (but not limited to) emergencies or disasters may require site inspections outside of these hours. An applicant's failure to allow access to the site or facility can be grounds for, and may result in, permit denial.
(c) The department must mail notice of its determination of completeness or incompleteness to the applicant for:
(1) delegated permits: on or before 60 calendar days after receipt of the application, except for minor modifications to title V facility permits as described in Part 201 of this Title which shall follow the timeframe under paragraph (2) of this subdivision;
(2) all other permits: on or before 15 calendar days after receipt of the application; and
(3) projects requiring both delegated and nondelegated permits: on or before 60 calendar days after receipt of the application.
(d) If the application is determined to be incomplete, the notice must include a description of the deficiencies and a listing of all identified areas of incompleteness. Nothing in this section precludes the department from requesting additional information in accordance with section 621.14(b) of this Part.
(e) Applications will remain incomplete until all requested items are received by the department. A partial submission of requested material does not change the incomplete status. Department staff must notify the applicant of the continued incomplete status of its application.
(f) Failure of the applicant to respond in writing to the department's notice may result in the application being deemed withdrawn without prejudice pursuant to the procedures in paragraphs (12) and (2) of this subdivision.
(1) If an applicant fails to respond to a notice of incomplete application within one year, the department may send a follow-up notice of incomplete application requesting, by a reasonable date, the necessary items for a complete application or an explanation for the delay.
(2) If the department sends notification pursuant to paragraph (1) of this subdivision and the applicant fails to respond to the follow-up notice of incomplete application by the date specified in the letter, the department may notify the applicant that the application is considered chronically incomplete and deemed withdrawn. This notice must be sent by certified mail, return receipt requested.
(g) If an application is determined to be complete, a notice of complete application must be prepared. Requirements for notice content and publication are contained in section 621.7 of this Part.
(h) If the department fails to mail notice of its determination of completeness or incompleteness to the applicant within the time limit specified in subdivision (f) of this section, the application will be deemed complete. Nothing in this section waives any applicable statutory requirements of article 8 of the ECL (SEQR), article 14 of Parks, Recreation and Historic Preservation Law (New York State Historic Preservation Act of 1980) or precludes the department from requesting additional information in accordance with section 621.14(b) of this Part.
(i) If an application is resubmitted, a new completeness review period of 15 days (60 days for delegated permits and those projects requiring both delegated and nondelegated (permits) shall commence from the date of receipt by the department.
(j) Time frames and due dates in this Part are calculated in accordance with the General Construction Law, article 2, section 20 where day one is the day after a pertinent time sensitive event such as date of receipt or day of publication. Unless indicated otherwise, days are calculated as calendar days.
6 CRR-NY 621.6
Current through February 15, 2022
End of Document