N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-3.3

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

Section 383-3.3 - Contents of complete application for permit

(a) An application for a permit must satisfy the general requirements for complete applications contained in Part 621 of this Title, except where otherwise indicated herein, and must include the plans, reports, and other supporting information required by this Part.

(b) A complete application for a permit must contain all applicable information identified in this Part, including:

(1) a safety analysis report, prepared in accordance with section 383-3.4 of this Part;

(2) a draft environmental impact statement which is prepared in accordance with Part 617 of this Title and which is filed with the department and which the department determines to be satisfactory with respect to scope, content, and adequacy for the purpose of commencing public review. For the purpose of a land disposal facility authorized pursuant to section 1854-c of the Public Authorities Law, the following issues must not be addressed:

(i) the need for the land disposal facility;

(ii) the alternative of no action;

(iii) the site or sites of the land disposal facility;

(iv) the disposal methods to be utilized;

(v) the nature or type of facilities as specifically required or authorized by statute; and

(vi) the classes of waste which may be stored or disposed of at the facilities.

(3) a waste minimization statement which must contain an analysis of the potential for reducing the generation of waste at the land disposal facility, and based on this analysis, a proposed program to reduce the volume and activity of waste generated at the land disposal facility. The waste minimization statement must include:

(i) an identification of the amount and type of wastes expected to be generated;

(ii) for each waste stream, an identification of the source of these wastes;

(iii) an analysis of technically and economically feasible waste reduction techniques;

(iv) a waste minimization program and schedule for implementing the feasible waste reduction techniques identified as required by section 383-3.3(b)(3)(iii) of this Part.

(4) a copy of the application submitted to the Department of Labor pursuant to 12 NYCRR Part 38;

(5) for a land disposal facility authorized pursuant to section 1854-c of the Public Authorities Law, a demonstration that this application is in conformance with the certification issued pursuant to Part 382 of this Title.

(c) Except for land disposal facilities authorized pursuant to section 1854-c of the Public Authorities Law, a complete application must include a demonstration that the requirements of sections 382.20 through 382.83 of this Part are met.

(d) The information in the application submitted under this Part must be of sufficient detail to allow the department to fulfill its responsibilities under the ECL and this Part by:

(1) having detail sufficient to be readily understood by the persons using the documents contained in the application to enable them to determine how the facility will be constructed, operated, and closed and how it will be monitored and maintained after closure;

(2) providing the department with sufficient detail to ascertain the environmental impact of the proposed project; and

(3) providing sufficient detail to demonstrate that the design, construction, operation, closure, post-closure monitoring and maintenance, and institutional control of the facility will be capable of compliance with the applicable requirements of this Title.

(e) The application may incorporate by reference all or portions of other documents filed with or issued by the department provided the references are clear and specific. Referenced documents must be briefly described, their applicable findings summarized, and the date of preparation identified. Copies of the incorporated documents must be made available for inspection by the public in the same locations where the application is available for public inspection.

(f) In the application, the applicant may request approval from the department to omit certain information or to deviate from the format required by section 383-3.4 of this Subpart. The department's determination on any such request will be set forth in the notice of complete application or notice of incomplete application issued pursuant to section 383-3.6(b)(2) of this Subpart. The application will not be declared complete until the department grants the request or the applicant submits the information required by this section.

(g) The applicant may delay to a future date specified by the department in writing, the submission of any of the information required by this section and section 383-3.4 of this Subpart provided the department finds that delay of such submission:

(1) will have no significant adverse impact on the environment, natural resources, or the public health, welfare, and safety;

(2) will not adversely affect the ability of the land disposal facility to meet the requirements of this Part and Part 382 of this Title; and

(3) will not impair the department's ability to render a timely decision on the application for a permit in accordance with the applicable provisions of this Title and section 29-0503 of the ECL.

(h) Signatories to permit applications and reports.

(1) All permit applications must be signed as follows:

(i) for a corporation, by a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation; or

(ii) for a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or

(iii) for a municipality, State, Federal, or other public agency, by either a principal executive officer or ranking elected official. For the purposes of this Part, a principal executive officer of a government agency includes:

(a) the chief executive officer of the agency; or

(b) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

(2) All reports required by this Part and the permit, and any other information requested by the department must be signed by a person described in paragraph (1) of this subdivision, or by a duly authorized representative of that person. A person is a duly authorized representative only if:

(i) the authorization is made in writing by a person described in paragraph (1) of this subdivision;

(ii) the authorization specifies either an individual or a position having supervisory responsibility for either overall operation of the land disposal facility or the process or activity that is the subject of the report (a duly authorized representative may thus be either a named individual or any individual occupying a named position); and

(iii) the written authorization is submitted to the department.

(3) If an authorization under paragraph (2) of this subdivision is no longer accurate because a different individual or position has supervisory responsibility for overall operation of the land disposal facility or the process or activity that is the subject of the report, a new authorization satisfying the requirements of paragraph (2) of this subdivision must be submitted to the department prior to or together with any reports, information, or applications to be signed by an authorized representative.

(4) Any person signing a document under paragraph (1) or (2) of this subdivision must make the following certification:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-3.3