6 CRR-NY 621.10NY-CRR
6 CRR-NY 621.10
6 CRR-NY 621.10
621.10 Final decisions on applications.
(a) The department or its agent shall mail to the applicant and its representative, if applicable, a decision in the form of: a permit, a permit with conditions or a statement that the permit applied for has been denied, with an explanation for the denial. This must be done within the following time periods:
(1) for a minor project for which no adjudicatory public hearing has been held: on or before 45 calendar days after the date the application was complete. If the permit applied for has been denied or is issued with significant conditions attached, then the decision notification must include an opportunity for an adjudicatory hearing to be held. The applicant may request a hearing by writing to either the regional permit administrator or the chief permit administrator, as instructed in the decision notification, within 30 calendar days of the date of the mailing of either the notice of denial or the permit with conditions. The applicant must also submit a copy of a written request for hearing to the chief administrative law judge. The department must commence the hearing within 45 calendar days of receiving the request;
(2) for a major project for which no public hearing has been held: on or before 90 calendar days after the date the application was complete. If the permit applied for has been denied or is issued with significant conditions attached, the decision notification will state that the applicant has the right to an adjudicatory hearing. The applicant may request a hearing by writing to either the regional permit administrator or the chief permit administrator, as instructed in the decision notification, within 30 calendar days of the date of the mailing of either the notice of denial or the permit with conditions. The applicant must also submit a copy of a written request for hearing to the chief administrative law judge. The department must commence the hearing within 45 calendar days of receiving the request;
(3) for any application for which a public hearing has been held on or before 60 calendar days after the receipt by the department of the complete hearing record; and
(4) for a project which a lead agency has determined may have a significant impact on the environment for the purposes of SEQR, and for which the department is not the lead agency: the time periods specified in this Part shall be suspended not less than 35 days prior to the date on which a final decision is required pursuant to this Part, pending receipt from the lead agency of either a final environmental impact statement, or a determination of nonsignificance. Upon receipt of these materials the time periods shall resume.
(5) Notwithstanding the time periods established in paragraphs (2) and (3) of this subdivision, for applications for title V facility permits, the department may not issue a final decision unless the EPA has been provided 45 calendar days to review any responsiveness summary, and the proposed permit issued by the department in accordance with subdivision (e) of this section. The public may petition the EPA to object to the issuance of the proposed permit and the EPA may bar issuance of the proposed permit (see Part 201 of this Title).
(b) If the department or its agent fails to mail a decision within the time periods specified above, the applicant may make notice of that failure, by means of certified mail, return receipt requested, addressed to the commissioner of the Department of Environmental Conservation, attention: Chief Permit Administrator, New York State Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750. If authority to issue and deny permits has been delegated by the commissioner to another agency, notice must also be made to the chief executive of such agency. Such notice must contain the applicant's name, location of the proposed project, the office in which the application was filed, the identification numbers assigned to the application in any notice from the department and a statement that a decision is sought according to this subdivision or ECL 70-0109(3)(b). Any notice failing to provide this information will not invoke this provision.
(c) If the department or its agent fails to mail the decision to the applicant within five working days of the receipt of such notice, the application will be deemed approved and the permit deemed granted, subject to the standard terms or conditions applicable to such a permit. The provisions of this subdivision do not apply to:
(1) delegated HWMF permits or RAPs; and
(2) title V facility permits, unless the department has satisfied all requirements established under this Part and Part 201 of this Title regarding notice and opportunity for review of draft permits by EPA, affected states and the public; or
(3) other federally enforceable air permits unless the department has satisfied all requirements for review of draft permits by the public.
(d) Notwithstanding the time periods for decisions specified above, the department or its agent will not be required to issue a decision on an application, nor will a permit be deemed issued, until the applicant has provided satisfactory proof of any public notice required, posted any bonds required, and paid all fees or costs assessed by the department.
(e) For delegated permits, the department will issue a responsiveness summary to relevant comments relating to such permits that were received during the public comment period or during any hearing. The provisions of this paragraph are not applicable to permits for which a final environmental impact statement otherwise satisfying the requirements of this subdivision has been prepared pursuant to section 617.9 of this Title. The responsiveness summary must:
(1) identify of any conditions in the final permit that are different from the conditions in the draft permit, and the reasons for the changes; and
(2) for title V facility permits, be issued within 60 days of the date the application is complete except when a hearing is required. The responsiveness summary must also reference the procedures contained in Part 201 of this Title that the public must follow if they elect to petition the EPA to object to the issuance of the proposed permit.
(f) An application for a permit may be denied for failure to meet any of the standards or criteria applicable under any statute or regulation pursuant to which the permit is sought, including applicable findings required by article 8 of the ECL and its implementing regulations at Part 617 of this Title, or for any of the reasons set forth in section 621.13(a)(1)-(6) of this Part.
6 CRR-NY 621.10
Current through February 15, 2022
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