N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-3.6

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

Section 383-3.6 - Review of the application and hearing procedures

(a) Except for permits for land disposal facilities authorized pursuant to section 1854-c of the Public Authorities Law, the provisions of Parts 617, 621, and 624 of this Title will apply to review of applications for permits.

(b) For land disposal facilities authorized pursuant to section 1854-c of the Public Authorities Law, the provisions of Parts 617, 621, and 624 of this Title will apply to review of applications for permits except where those provisions conflict with the requirements of article 29 of the ECL or with any of the following:

(1) The department will be lead agency as defined in Part 617 of this Title.

(2) On or before 30 days following receipt of the application, the department will mail notice of its determination of completeness or incompleteness to the applicant and all parties listed in section 383-3.5 of this Part; provided, however, that when there is a requirement pursuant to Federal law for a tentative determination or draft permit to be prepared prior to public notice or hearing, the time within which the department must make its determination is extended by 30 days.

(3) The department will hold an issues conference in accordance with Part 624 of this Title prior to the commencement of the hearing.

(4) No later than 60 days after the department and each other state agency have made their respective determinations that the applications are complete, the department will commence public adjudicatory hearings on the permit application and the draft environmental impact statement.

(5) Except as otherwise required by this Part, the provisions of Part 624 of this Title apply to the hearings.

(6) At least one day of the hearing will be held at a reasonably convenient location in the general geographic vicinity of each of the proposed sites.

(7) No later than 150 days after the commencement of the hearings, the hearing record must be officially closed.

(8) No later than 90 days after the official close of the hearing, the department must issue the final environmental impact statement and deliver a copy to each other agency before which is pending an application for license, permit, or other approval for the land disposal facility. In addition to the requirements for final environmental impact statements in article 8 of the ECL and Part 617 of this Title, the final environmental impact statement must include the following:

(i) copies of the minutes of the legislative public hearing session held on the draft environmental impact statement and the department's responses to the comments presented; and

(ii) a listing, providing a brief description, identification, or reference for each report, study, or other document relied upon by the department for information supporting its analyses or conclusions.

(9) No later than 30 days after the issuance of the final environmental impact statement, the department must issue its decision with respect to the applications for permits and other approvals for the land disposal facility and must publish a notice of its decision in the State Registerand distribute copies of the notice to the parties listed in section 383-3.5 of this Part, in addition to any other notices required by this Title.

(c) After the application has been declared complete pursuant to Part 621 of this Title or paragraph (b)(2) of this section and no fewer than 30 days prior to the issues conference held pursuant to Part 624 of this Title, the applicant must hold at least one public information meeting to describe the proposed facility and the contents of the application.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-3.6