6 CRR-NY 621.12NY-CRR
6 CRR-NY 621.12
6 CRR-NY 621.12
621.12 Emergency authorizations.
For projects carried out in response to an emergency, the following procedures shall apply:
(a) All procedural requirements of this Part related to application processing are waived, except as provided in this section.
(b) Prior to commencement of an emergency action or project, the department must be notified, as specified in subdivision (d) of this section, and must determine whether to deny or grant approval pursuant to subdivision (e) of this section.
(c) If circumstances warrant immediate action by a state or local government agency or a public benefit corporation and prior notice to the department is not possible, that agency or corporation may proceed to undertake the emergency action but must then notify the department within 24 hours after commencement of the project. The department must subsequently respond pursuant to subdivision (f) of this section.
(d) Notification pursuant to subdivision (b) or (c) of this section, may be by certified mail, telegram, mailgram, facsimile (FAX), electronically or a written form of communication to the appropriate regional permit administrator as listed in section 621.19 of this Part. This notification must include submission of the following information:
(1) a description of the proposed action;
(2) location map and plan of the proposed project;
(3) reasons why the situation is an emergency based on the immediate protection of life, health, general welfare, property or natural resources;
(4) actions to be taken to minimize environmental impacts; and
(5) any additional information requested by the department necessary to make a finding of emergency.
(e) Prior to issuing an emergency authorization, the department must:
(1) make a finding of emergency stating that the action is an emergency as defined in section 621.2(j) of this Part, why immediate action is needed and the consequences to life, health, general welfare, property or natural resources if the action is not immediately taken; and
(2) determine from the available information that the project will be carried out in a manner that will cause the least change, modification or adverse impact to life, health, property or natural resources. The department may attach conditions to emergency authorizations and enforce them to assure compliance with the authorization and other regulatory standards that would apply to such actions absent an emergency.
(f) The department will issue a decision granting or denying the emergency authorization within two business days of receipt of the information required in subdivision (d) of this section in the form of a letter that may be facsimiled (FAXED), mailgramed or otherwise electronically sent to the applicant. The original letter must be mailed to the applicant.
(1) The emergency authorization must contain the department's finding of emergency. The finding of emergency must state why the department believes the emergency action is necessary based on the protection of life, health, general welfare, property or natural resources.
(2) The denial of emergency authorization must contain the department's reasons why it has determined the activity does not constitute an emergency.
(g) An emergency authorization may be issued for a term not to exceed 30 calendar days. It may be renewed for one term not to exceed 30 calendar days. On or before 60 calendar days after the department's original approval, the project must be concluded or the authorized person must file a complete application for any necessary permit with the department. The application will be subject to all the procedural requirements of this Part. If the application for a permit is timely and complete the permittee may continue working pursuant to the emergency authorization until the permit is issued.
(h) The department may issue an order summarily suspending:
(1) an action begun before the grant of an emergency authorization, if the department finds that no emergency exists; or
(2) an emergency authorization, if the department finds that an action is no longer immediately necessary to protect life, health, property or natural resources. Such action must cease immediately upon receipt of the order by the responsible party.
(i) A person who violates any provision of this section or any term or condition of an emergency authorization will be ordered to perform any required restoration or provide department authorized mitigation of environmental damage resulting from that action. In the event that the person fails to undertake the work ordered, the department or its agent may enter upon the lands or waters where the action took place and perform restoration or other activities necessary to mitigate or eliminate environmental damage caused by the action. If the department undertakes the remedial action, or causes it to be undertaken, the full cost for the work will be charged to and be the responsibility of the person who failed to satisfy the provisions of this section.
6 CRR-NY 621.12
Current through March 15, 2021
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