N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-1.12

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

Section 375-1.12 - Permits

(a) When the department develops and implements a remedial program set forth in ECL 27-1313(1); ECL 27-1313(5); ECL 27-1411(5); or ECL 56- 0509(4), the department shall be exempt from the requirement to obtain any department issued permits for sites if:

(1) the activity is conducted on the site or on premises that are under common control or are contiguous to or physically connected with the site and the activity manages exclusively contamination which the department is handling as part of the site remedial program;

(2) all substantive technical requirements applicable to like activity conducted, as set forth in a permit, are complied with, as determined by the department; and

(3) the activity is a component of a program selected by a process complying with the citizen participation requirements of section 375-1.10 of this Subpart, to the extent applicable.

(b) The department may exempt a remedial party from the requirement to obtain any department issued permits for sites if:

(1) the activity is conducted on the site or on premises that are under common control or are contiguous to or physically connected with the site and the activity manages exclusively contamination which the remedial party is handling as part of the site remedial program;

(2) all substantive technical requirements applicable to like activity conducted pursuant to a permit are complied with, as determined by the department; and

(3) the activity is a component of a program selected by a process complying with the citizen participation requirements of section 375-1.10 of this Subpart, to the extent applicable.

(c) The department will require a remedial party obtain applicable State and local permits which are not issued by the department unless there is a demonstration that obtaining such State or local permit will substantially delay the project or present a hardship, then the department may exempt the party from the need to obtain such State or local permits provided:

(1) the remedial program or activity is conducted on the site or on premises that are under common control or are contiguous to or physically connected with the site and the activity manages exclusively contamination which the department or remedial party is handling as part of the site remedial program;

(2) all substantive technical requirements applicable to like activity conducted pursuant to a permit are complied with, as determined by the department; and

(3) the activity is a component of a program selected by a process complying with the citizen participation requirements of section 375-1.10 of this Subpart, to the extent applicable.

(d) Where a permit exemption is applicable or granted, as set forth in this section, the department may require a remedial party follow the department application process even if no formal permit would be issued.

(e) If, in the course of implementing a remedial program, any storage tank(s) subject to regulation under Parts 596 through 599 or 612 through 614 of this Title, are discovered and found not to be registered or not being operated in accordance with the applicable regulatory requirements, such tank(s) shall be registered and either closed in accordance with regulatory requirements or brought into compliance with the applicable regulatory requirements. These requirements:

(1) apply in full to the remedial program at a site when a responsible party or a participant as defined in section 375-3.2(b)(1) of this Part, implements a remedial program pursuant to ECL 27-1313(1); ECL 27-1313(5); or ECL 27-1411(5); or

(2) apply in full except that payment of a registration fee shall not be required where the department funds all or part of a remedial program pursuant to ECL 27-1313(1); ECL 27-1313(5); or ECL 56-0503, or a volunteer as defined in section 375-3.2(b)(2) of this Part undertakes the remedial program, provided the tank(s) is to be closed as part of the remedial program for the site.

(f) All required Federal permits must be obtained.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-1.12