N.Y. Comp. Codes R. & Regs. tit. 6 § 610.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 610.3 - Application procedure for letter of certification

(a) Any existing or proposed onshore major facility which is required to obtain a letter of certification from the department as a precondition to the issuance of a license by the Department of Transportation shall make application for such letter of certification in the manner prescribed in this Part.

(b) Existing onshore major facilities. Initial applications and supporting documents for onshore major facilities which will be in operation on July 1, 1978 shall be submitted by June 1, 1978.

(c) Proposed onshore major facilities or proposed substantial changes to existing onshore major facilities.

(1) Applications for proposed onshore major facilities or proposed substantial changes to existing onshore major facilities shall be filed as soon as possible in advance of the date on which construction of the proposed onshore major facility or substantial changes to existing onshore major facilities will commence.

(2) Applicants for a proposed onshore major facility or proposed substantial changes to an existing onshore major facility shall also comply with all the requirements of the Environmental Conservation Law, especially article 8 (State environmental quality review act), if applicable.

(3) The uniform procedures act (article 70 of the Environmental Conservation Law, and Part 621 of this Title) shall govern the processing of the application insofar as it can be applied to this procedure.

(d) Applications for letters of certification shall be submitted 90 days prior to the expiration of the license for which certification is required.

(e) The department shall determine whether an application is complete or requires additional information to evaluate the plans. Any application deemed incomplete shall be returned within 15 days of receipt by the department with a statement of why it is incomplete or what additional information is necessary. If such an application is incomplete or otherwise deficient, processing of the application shall not be commenced until such time as the applicant has supplied the missing information or otherwise corrected the deficiency. However, a determination of completeness by the department shall not be a determination that the information submitted demonstrates the applicant's ability to meet the standards and requirements for a letter of certification.

(f) All applications for a letter of certification shall be on forms provided by the department at the central office or any regional office and shall be submitted along with supporting documentation, in duplicate, to the department at the following address:

Onshore Major Facility Certification

Room 306, Division of Pure Waters

Department of Environmental Conservation

625 Broadway

Albany, New York 12233

(g) The date of submittal of an application shall be the date of receipt by the department.

(h) Signature and verification.

(1) Any application or additional data submitted to the department shall be signed as follows:

(i) in the case of corporations, by a principal executive officer of at least the level of vice-president, or his duly authorized representative if such representative is responsible for the overall operation of the onshore major facility;

(ii) in the case of a partnership, by a general partner;

(iii) in the case of a sole proprietorship, by the proprietor;

(iv) in the case of a municipal, State or other public facility, by a principal executive officer, ranking elected official or other duly authorized employee; and

(v) in any other case, by the individual duly authorized to act, as evidenced by documentation acceptable to the department.

(2) All applications, reports or notifications required or authorized to be made or filed by or on behalf of a licensee, applicant for a letter of certification or person subject to the requirement of a letter of certification shall be sworn to in respect to all statements of fact therein or shall bear an executed statement as provided in section 210.45 of the Penal Law to the effect that false statements made therein are made under penalty of perjury.

(i) Issuance of letters of certification. Letters of certification for onshore major facilities which will be in operation on July 1, 1978, or which will commence operation between July 1, 1978 and July 31, 1978, will be issued or denied within 60 days of receipt of a completed application by the department. All other letters of certification for onshore major facilities will be issued or denied within 90 days of receipt of a completed application by the department.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 610.3