N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 366-4.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 366-4.2 - Withdrawal of LSWMP Approval

The department may declare an LSWMP to be no longer in effect if the planning unit fails to adhere to all or a substantial portion of its commitments and responsibilities under 27-0106(2) and 27-0107 of the ECL, this Part, or the approved LSWMP.

(a) The department will issue a written declaration of intent to withdraw approval of the LSWMP, that identifies what must be provided to bring the LSWMP back into effect. The LSWMP will no longer be in effect within 30 calendar days of the declaration of intent if no objection is received from the planning unit.

(b) Within 30 calendar days of receipt of the written declaration from the department, the planning unit may submit a written objection to the department giving reasons why the LSWMP should not be declared no longer in effect. The department will respond to the planning unit within 30 days of receipt of the objection and either ask for additional information, approve the request to keep the LSWMP in effect, or declare the LSWMP no longer in effect.

(c) The planning unit has the right to request a hearing if the department declares the LSWMP no longer in effect. If the department declares that the LSWMP is no longer in effect, a planning unit may request a hearing within 30 days of receipt of the declaration.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 366-4.2

Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017