6 CRR-NY 624.1NY-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 624. PERMIT HEARING PROCEDURES
6 CRR-NY 624.1
6 CRR-NY 624.1
624.1 Applicability.
(a) This Part is applicable to hearings conducted by the department arising out of the following circumstances and supersedes any inconsistent regulations except to the extent explicitly noted:
(1) a determination by the department staff to hold an adjudicatory hearing pursuant to section 621.8(b) of this Title (on identification by department staff of substantive and significant issues);
(2) a request made by an applicant in conformance with the provisions of section 621.10(a)(1) and (2) of this Title (based on department staff's denial of permit or attachment of significant conditions);
(3) a determination made by department staff to hold an adjudicatory hearing pursuant to section 621.15(f) of this Title (conceptual review);
(4) a request made by an applicant in conformance with the provisions of section 621.11(g) of this Title (based on department staff's denial or conditioning of a permit in response to an application to renew or modify);
(5) a request made by a permittee in conformance with the provisions of section 621.13(d) of this Title (based on department staff's proposed modification, suspension or revocation of a permit); except, where the basis for modification, suspension or revocation is founded on matters which, in whole or in substantial part, constitute a violation of the ECL, its implementing regulations, an order or permit, as defined herein, issued by the department. In such cases the provisions of Part 622 of this Title govern;
(6) any circumstance comparable to those set forth in paragraph (1), (2), (3), (4) or (5) of this subdivision which arises out of any permit, as defined herein, that is not subject to ECL article 70 or Part 621 of this Title. The circumstances where this Part applies include, but are not limited to, permits for aquatic pesticide applications, the registration of pesticides, oil and gas well spacing variances, oil facility certifications and water supply rate disputes.
(b) The provisions of this Part do not apply to the conduct of legislative hearings except those that are included in a notice of hearing issued pursuant to section 624.3 of this Part.
(c) The provisions of this Part do not apply to the determination of disputed environmental regulatory program fees and penalties that are assessed pursuant to ECL article 72.
(d) The provisions of this Part apply to those proceedings in which the determination to hold an adjudicatory hearing was made on or after the effective date [January 9, 1994] of these regulations.
6 CRR-NY 624.1
Current through December 31, 2020
End of Document