N.Y. Comp. Codes R. & Regs. tit. 6 § 377.3

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

Section 377.3 - Certificate and permit application procedures

(a) Within 15 calendar days after receipt by the department of an application for the construction and operation of a new industrial hazardous waste facility pursuant to Part 360 or to any other Part of this Title, the department shall determine whether a certificate is required or whether additional information will be needed from the applicant, before the department can determine whether a certificate is required. If additional information is required, the department shall so notify the applicant in writing, specifying the information needed. The submission of such additional information shall commence a new 15-calendar-day period for determination of the need for a certificate.

(b) Prior to a determination by the department pursuant to Part 617 of this Title that the construction and/or operation of a new industrial hazardous waste facility will not have a significant environmental impact, the department shall publish a notice of intent to determine nonsignificance in the Environmental Notice Bulletin. The department shall not determine whether the construction and/or operation of the proposed facility will have a significant environmental impact for at least two weeks after such notice appears in the Environmental Notice Bulletin. In making such determination the department shall take into account any public comments received concerning the proposed determination of nonsignificance. Whenever the department publishes a notice of intent to determine nonsignificance, the time period specified herein for the department's determination of completeness of a certificate application shall be suspended pending the determination of environmental significance.

(c) If the proposed facility does not require a certificate, the department shall so notify the applicant in writing and shall process the permit application in accordance with Parts 617, 621, 624 and any other relevant Parts of this Title.

(d) If the proposed facility requires a certificate, the department shall so notify the applicant in writing. The written notice shall state that:

(1) a complete certificate application as set forth in subdivision (e) of this section must be submitted to the department; and

(2) the department shall be designated lead agency for purposes of the State Environmental Quality Review Act (ECL article 8) unless the department and the board, acting through majority vote, mutually agree otherwise.

(e) The certificate application shall consist of the following:

(1) completed applications for all permits and other entitlements required under the ECL for the proposed facility, unless the applicant shows good cause not to submit any such application at this time;

(2) a draft EIS prepared in accordance with Part 617 of this Title;

(3) the expected sources of hazardous waste for the facility, the proposed methods of transporting wastes to and from the facility and the routes which deliveries will traverse;

(4) a description of the design and capacity of the facility;

(5) a statement concerning the type and volume of wastes to be handled at the facility;

(6) a statement documenting the need for the facility;

(7) a detailed program for closure of the facility which the applicant proposes to implement when the operation of the facility terminates, together with a proposed method for assuring such implementation;

(8) a precise description of the location and boundaries of the proposed site;

(9) a complete statement of all persons who own or have any other interest in any real property on which the site is located;

(10) the name and principal place of business of the intended operator of the proposed facility, if different from the applicant;

(11) the status of the site under local zoning or land use regulations in force on the date of application; and

(12) such other information as the commissioner shall prescribe concerning the impact of the proposed facility on the health, safety and welfare of neighboring populations.

(f) Within 15 calendar days after receipt of the certificate application, the department shall notify the applicant in writing whether the application is complete. If the department fails to mail such notice the application shall be deemed complete. If the department determines that the application is incomplete, the notice shall include a concise statement of the respects in which the application is incomplete. The resubmission of the application or the submission of any additional information shall commence a new 15-calendar-day period for the department to determine completeness.

(g) Upon determining that a certificate application is complete the department shall:

(1) send notice to the applicant of such determination;

(2) cause a notice of application to be published in the next available Environmental Notice Bulletin. Such publication shall be no later than 10 calendar days after the date of such notice;

(3) provide notice to the chief executive officer of each municipality in which the proposed project is located;

(4) direct the applicant to provide notice to all property owners of record within one-half mile of the proposed facility and to such other persons and in such manner as shall be determined by the department;

(5) publish or cause to be published notice of the application in at least two newspapers having a general circulation in the area in which the proposed activity is located, in contiguous areas potentially affected by the proposed action and in the newspaper(s) of record for the township or city in which the proposed facility is located; and

(6) send the application to the Governor and request that a facility siting board be constituted.

(h) All public notices shall be sent by first class mail and the applicant shall provide the department with proof that all notices required by this section were properly issued. All public notices shall include a statement concerning requests for variances from the requirements of this Part. If an applicant requests a variance subsequent to provision of notice as specified in this section, all such public notices shall be reissued as soon as practicable and shall provide notice of all new variance requests.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 377.3