(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 hearing will be held. If a public hearing must be held, the applicant and all persons who have filed comments must be notified by mail. This must be done within 60 calendar days of the date the application is complete. The uniform procedures time frames are suspended as of the date the department notifies the applicant of its decision to hold a hearing and the time frames of Part 624 of this Title, Permit Hearing Procedures, apply. A hearing may be either adjudicatory or legislative pursuant to Part 624 of this Title or legislative pursuant to this Part.

(b) The determination to hold an adjudicatory public hearing shall be based on whether the department's review raises substantive and significant issues relating to any findings or determinations the department is required to make pursuant to the Environmental Conservation Law, including the reasonable likelihood that a permit applied for will be denied or can be granted only with major modifications to the project because the project, as proposed, may not 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 shall hold an adjudicatory public hearing on the application.

(c) Regardless of whether the department holds an adjudicatory public hearing, a determination to hold a legislative public hearing shall be based on the following:

(d) Mere expressions of general opposition to a project are insufficient grounds for holding an adjudicatory public hearing on a permit application. In order to raise substantive and significant issues, written comments expressing objection or opposition to an application must explain the basis of that opposition and identify the specific grounds which could lead the department to deny or impose significant conditions on the permit.

(e) The department normally does not require public hearings in connection with applications for minor projects, as identified in sections 621.3 and 621.4 of this Part. If a public hearing is required for a minor project, the application shall be treated as a major project for purposes of this Part.

(f) If a public hearing on an application is required to be held, it must commence on or before 90 calendar days after the date the application is complete.

(g) The public adjudicatory hearing will be held according to the provisions of Part 624 of this Title.